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Backup Documents 12/14/2006 LDC BACK-UP DOCUMENTS BCC/LDC MEETING DECEMBER 14, 2006 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ LDC AGENDA December 14,2006 5:05 p.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 December 14,2006 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. ORDINANCE 2006-63 3. ADJOURN 2 December 14,2006 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Nonnallegal Advertisement Other: (Display Adv., location, etc.) XXXX ***********************************************************************************************7** ****~ Originating Deptl Div: Comm.Dev.Serv./Planning Person: c~- Lte"',",\ '~bCli~: lo 3 i / 0 &., Petition No. (If none, give brief description): \ Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Catherine Fabacher, Principal Planner, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104 Hearing before BCC X BZA Other Reque.Sted Hearing date: 12/7/06 Based-on advertisement appearing ~days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include lee:al description & common location & Size): See Attached Ad -December 7, 2006 BCC LDC Ad ~ C. roC ~ -,),U.-> f. rn , Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: ~Yn.~ /Division Head Ii' /D:b Dat County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ***************************************************..............*****.****************.***************.. FOR CLERK'S OFFICE USE ONLY: ,...., I I I _ f Date Received: \ ~ \ \ \60 Date of Public hearing: ~Date Advertised: ~ 1 .. - ! Community Development and Environmental Services Division Department of Zoning and Land Development Review 280Q.North Horsesh~Drive · Naples, Florida 34104 Department of Zoning and Land Development Kevlew October 31, 2006 COLLffiRCOUNTYGOVERNMENT Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish both of the following public notices, each as a separate advertisement for a Display, ~ page, with map attached, Legal Notice in your edition of December 1, 2006, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecil.ia Martin and PLEASE SEND DUPlCATE ORIGINAL to Jeffrey A. Klatzkow, Esqui.re, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Sui te 300, Napl.es, Fl.orida 34104 and the Minutes and Records Department, Bl.dg. F, 3301 E. Tamiami Trail., Napl.es, FL 34112. DECEMBER 7, 2006 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on December 7, 2006, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND c o I ~~!' "-1,, c o .. .. to ;y Phone (239)403-2400 Fax (239) 643-6968 or (239) 213-2913 www.colliergov.net REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.01 - DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.13 SAME - DEVELOPMENT IN THE BP DISTRICT, SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.00 TRANSPORTATION SYSTEM STANDARDS, 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR -2- SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIc FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.10 APPEAL., SECTION 8.08.00 CODE ENFORCEMENT /' BOARD; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR AFTER-THE-FACT ENCROACHMENTS, ADDING SECTION 9.04.08 SPECIFIC REQUIREMENTS FOR ADMINISTRATIVE DEVIATIONS IN MIXED USE PROJECTS; CHAPTER 10 - APPLICATION REVIEW AND DECISION-MAKING PROCEDURES INCLUDING, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8: 00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to -3- ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk December 7, 2006 LDC BCC 5 day ad -4- November 1, 2006 Attn: Legals, Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORD. Notice of Land Development Code Change Dear Legals: Please advertise the above referenced notice on Friday, December 1, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O./Account # 113-138312-649110 Department of Zoning and Land Development Review October 31, 2006 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish both of the following public notices, each as a separate advertisement for a Display, % page, with map attached, Legal Notice in your edition of December 1, 2006, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Jeffrey A. Klatzkow, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104 and the Minutes and Records Department, Bldg. F, 3301 E. Tamiami Trail, Naples, FL 34112. December 7, 2006 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on December 7, 2006, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.01 - DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.13 SAME - DEVELOPMENT IN THE BP DISTRICT, SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.00 TRANSPORTATION SYSTEM STANDARDS, 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.10 APPEAL, SECTION 8.08.00 CODE ENFORCEMENT BOARD; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR AFTER-THE-FACT ENCROACHMENTS, ADDING SECTION 9.04.08 SPECIFIC REQUIREMENTS FOR ADMINISTRATIVE DEVIATIONS IN MIXED USE PROJECTS; CHAPTER 10 - APPLICATION REVIEW AND DECISION-MAKING PROCEDURES INCLUDING, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY lAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Dillard, Deputy Clerk December 7, 2006 LDC BCC 5 day ad Dn~ .0", ~~~ ":"!::'TI C . U1Z.:t.' ~~~ I;~I ~-lV1 i:~~ ~DD ~~8 ~~ zn ~~ 3:{> ~~ I ~~ ~ Vl ,,~ ~" ~~ 12~ Ci 6 z c a:J'\,xaN fa f 1n:J ~ < ,7i~ ~~~S 00 -< '" "' I ~ " "' 1 '" ~ ~ co "' ~ li: n~ ~~ " . ~ SR,- 29 S-R.- 29 ~ ~ g " ~ ~ HENJR Y COUNTy I I:;; ~ LEE COUNTY o co " rn 't. ;l, n z 0 ~ - co -n - -. 12 - 1ft '" ~ 0 -:II "' '":I I .lJ ~ -. n ~ Co 0 I ~ DI c: ::I r+ u:: DADE (QUN TY J BROWAR[i COUNTY S ES 1 S lS 1 S LS 1 S OS 1 S 6v 1 S Bv 1 S LV 1 S 91r 1 I -1 ~ ~ I ::D N ...., ::D N IX> m ::D I N z co 0 "' m ~ co 12 ~ ::D W c::> m ::D W N m ::D w w m ~ I ~I m' l Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 2, 2006 Catherine Fabacher, Pricipal Planner Dept. Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: Notice Of land Development Code Change Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 7, 2006 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, December 1, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK . eresa Dillard, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.coUier.fl.us Fax- (239) 775-2755 Email- coUierclerk@clerk.coUier.fl.us Teresa L. Dillard To: Subject: legals@naplesnews.com Notice of Land Development Code Change Attachments: ORD. Land Development Code Change.doc; ORD. LDC Change 12-7-06.doc; ORD. Notice of Land Develop. code changes.pdf Legals, Please advertise the following on Friday December 1, 2006. There is an attached map that will need to be opened in adobe. Any questions, please contact me. Thank you. " ORD. Land ORD. LDC Change ORD. Notice of velopment Code Chi 12-7-06.doc (3... Land Develop. c... Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Dillard@clerk.collier.fl.us) 1 Teresa L. Dillard From: Sent: To: Subject: ClerkPostmaster Friday, November 03.20069:11 AM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT2564121.txt; Notice of Land Development Code Change f]~' ' ':.:::'::; - A TT2564121. txt (231 B) Notice of Land Development Cod... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Dillard From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, November 03,20069:14 AM Teresa L. Dillard Delivered: Notice of Land Development Code Change Attachments: Notice of Land Development Code Change ~ L::J Notice of Land Development Cod... <<Notice of Land Development Code Change>> Your message To: legals@naplesnews.com Subject: Notice of Land Development Code Change Sent: Fri, 3 Nov 2006 09:10:57 -0500 was delivered to the following recipient(s): legals, NDN on Fri, 3 Nov 2006 09:13:31 -0500 1 Notice of Land Development Code Change Page I of 1 Teresa L. Dillard From: Perrell, Pam [paperrell@naplesnews.com] Sent: Friday, November 03, 2006 9:41 AM To: Teresa L. Dillard Subject: RE: Notice of Land Development Code Change OK (I think it's going to be more than 1/4 page) From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us] Sent: Friday, November 03,20069:11 AM To: legals@naplesnews.com Subject: Notice of Land Development Code Change Legals, Please advertise the following on Friday December 1, 2006. There is an attached map that will need to be opened in adobe. Any questions, please contact me. Thank you. <<ORD. Land Development Code Change. doc>> <<ORD. LDC Change 12-7-06.doc>> <<ORD. Notice of Land Develop. code changes.pdf>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239.774.8411 (Teresa. Dillard@Clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 11/3/2006 () n<.Jl ~Cfh:J1 dLC,'jUUI ~CII II VIII LIIC LUIIIIIIUIIIL.!:F I ,~ II II , PUBLIC NOTICE PUBLIC NOTICE December 7, 2006 PUBLIC NOTICE BCC PUBLIC HEARING NOTICE .OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on December 7, 2006, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3'd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDESTHECOMPREHENSIVELANDREGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.01 - DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.13 SAME - DEVELOPMENT IN THE BP DISTRICT, SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.00 TRANSPORTATION SYSTEM STANDARDS, 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS; SECTION 4.07.02 DESIGN REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.b6.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND. BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.10 APPEAL, SECTION 8.08.00 CODE ENFORCEMENT BOARD; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR AFTER-THE-FACT ENCROACHMENTS,. ADDING SECTION 9.04.08 SPECIFIC REQUIREMENTS FOR ADMINISTRATIVE DEVIATIONS IN MIXED USE PROJECTS; CHAPTER 10 - APPLICATION REVIEW AND DECISION-MAKING PROCEDURES INCLUDING, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. IIIIE 11121 linE 1114! 1 ~I - : - - : - \ i - I I I - - '" I - , o ~= ColII.r County Florid. " ~ ..... .L e.. ~ .. \ I _ I--_Ji : f" .:: .. ... =~:.~- 1lO1I!,,- __ All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commis- sioners with respect to any matter considered at such meeting or hearing, he will need a, record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORidA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Dillard, Deputy Clerk No. 99423454 Dee,llmber 1. 20q6 ORDINANCE NO. 06- 63 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.16 DESIGN STANDARDS FOR THE BMUD NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, SECTION 4.02.35 DESIGN STANDARDS IN THE GTMUD MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD RESIDENTIAL SUBDISTRICT (R), ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND Page 1 of 96 Words 5tffi€.k.-through are deleted, words underlined are added DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.10 APPEAL, SECTION 8.08.00 CODE ENFORCEMENT BOARD; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR MINOR AFTER-THE-FACT ENCROACHMENTS; CHAPTER 10 - APPLICATION REVIEW AND DECISION-MAKING PROCEDURES INCLUDING, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LOC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LOC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the first amendment to the LDC for the calendar year 2006; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LOC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on September 20, 2006 and October 25, 2006 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 Page 2 of 96 Words strode tHrough are deleted, words underlined are added Collier County Growth Management Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. ~ 163.3161 et seq.), and F.S. ~ 125.01(1)(t) and (1)(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, ~ 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, etseq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Oevelopment Regulations 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 Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 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 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), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of Sec. 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 consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 3 of 96 Words simek through are deleted, words underlined are added 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Oevelopment Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Oevelopment Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Oevelopment Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.01 Abbreviations A Aaricultural Zonina District ACOE Armv Coros of Enaineers ACP Anricultural Cleaninn Permit ADA Americans with Disabilities Act ACSC Bia CVDress Area of Critical State Concern ADT Average Daily Trips (transportation) AHDB Affordable Housing Density Bonus ALF Assisted Living Facility APFC Adequate Public Facilities Certificate (APFC) ASI Area of Sianificant Influence ASTM American Society for Testing and Materials ATF After the Fact AUIR Annual Update and Inventory Report BD Boat Dock Petition BOA Collier County Building Board of Adjustments and Appeals BCC Collier County Board of County Commissioners BFE Base Flood Elevation BMUD Bavshore Mixed Used District BP Business Park Zonina District BZA Collier County Board of Zoning Appeals CAO County Attornev's Office C-1 Commercial Districts Page 4 of 96 Words simek through are deleted, words underlined are added C-2 Commercial Convenience District C.3 Commercial Intermediate District C-4 General Commercial District C-5 Heavv Commercial District CCME Conservation and Coastal Manaaement Element of the Growth Manaaement Plan CMS Concurrencv Manaaement Svstem CCPC Collier County Plannina Commission CCSL(P) Coastal Construction Setback Line (Permit) COD Community Develooment District CEB Code Enforcement Board CDES Community Develooment & Environmental Services CF Community Facilitv CFR Code of Federal Register CIE Caoitallmorovement Element CIP Caoitallmorovement Proaram CMO Corridor Manaaement Overlav C.O. Certificate of Occuoancv COA Certificate of Public Facilities Adeauacv CON Conservation Zonina District CRD Comoact Rural Develooment CSP Conceptual Site Plan CU Conditional Use DBH Diameter at Breast Height DCA Deoartment of Community Affairs DEP Department of Environmental Protection DO Development Order DRI Develooment of Reaionallmoact DSAC Develooment Services Advisorv Committee DSWT Drv Season Water Table E Estates Zonina District EAC Collier County Environmental Advisory Council EAR Evaluation and Aooraisal Reoort EIS Environmenlallmpact Statement EPA Environmental Protection Aaencv ERP Environmental Resource Permit EXP Excavation Permit FAC Florida Administrative Code FAR Floor Area Ratio FBC Florida Buildinq Code FDEP Florida Department of Environmental Protection FOOT Florida Department of Transportation FEMA Federal EmerQency ManaQement AQency FFWCC Florida Fish and Wildlife Conservation Commission FIHS Florida Interstate Hiahwav Svstem FIRM Flood Insurance Rate Map FIS Flood insurance study FLOO Final Local Development Order FLUCFCS (FOOT "Florida Land Use Cover and Forms Classification System" (FOOT 1999) 1999) FLUE Future Land Use Element of the Collier County Growth Manaqement Plan FLUM Future Land Use MaD of the Collier Countv Growth Manaaement Plan F.S./ Fla, Stat. Florida Statutes FSA Flow Way Stewardship Area FSP Final Subdivision Plat GC Golf Course Zonina District GGAMP Golden Gate Area Master Plan GGPPOCO Golden Gate Parkway Professional Office Commercial Overlay District GMP Collier County Growth ManaQement Plan GPCD Gallons per Capita per Day GT Gopher Tortoise GTMUD Gatewav Triannle Mixed Use District GIS Geonranhic information system GWP Ground Water Protection Zone GZO Goodland Zonina Overlav HSA Habitat Stewardship Area HVAC HeatinQ, Ventilation, & Air Conditionina I Industrial Zoninn District ICBSD Immokalee Central Business Subdistrict LDC Collier County Land Development Code L1NDAR LPA Local Plannina Aaencv LOS Level of Service Page 5 of 96 Words stmelc tHrough are deleted, words underlined are added LSPA Littoral Shelf Planlina Area M/F Multi-Familv Use or Zonina MH Mobile Home MHO Mobile Home Overlav MHWL Mean Hiah Water Line MLW Mean Low Water MPP Manatee Protection Plan MUP Mixed Use Proiect NAICS North American Industry Classification System NAVD North American Vertical Datum NBMO North Belle Meade Overlav NC Neiahborhood Commercial District NPDES National Pollution Discharae Elimination Svstem NGS National Geodetic Survev NGVD National Geodetic Vertical Datum NOAA National Oceanic and Atmospheric Administration NRPA Natural Resource Protection Area O.C. On Center P Public Use District PPL Plans and Plat PSI Pounds oer Sauare Inch PSP Preliminary Subdivision Plat PUD Planned Unit Development RCW Red Cockaded Woodoecker RFMU Rural Fringe Mixed-Use RLS Reauest for Leaal Services RLSA Rural Lands Stewardshio Area RNC Residential Neiahborhood Commercial Subdistrict ROW Right-of-way RSF-1-2-3-4-5-6 Residential Sinale-Familv RMF-6 Residential Multiole-Familv District 6 RMF-12 Residential Multiole-Familv District 12 RMF-16 Residential Multiole-Familv District 16 RT Residential Tourist District SBCO Santa Barbara Commercial Overlav District SBR School Board Review SIC Standard Industrial Classification SOP Site Development Plan SF Sinale-Familv SIP Site Improvement Plan SFWMD South Florida Water Management District SLOSH Sea, Lake, and Overland Surge from Hurricane SLR Sound Level Reduction SRA Stewardshio Receivina Area SSA Stewardshio Sendina Area ST Soecial Treatment Area Zonina Overlav ST-NAR Soecial Treatment Area Zonina for Natural Aauifer Recharae SWM oermit Surface Water Manaaement Permit TCEA Transoortation Concurrencv Exemotion Areas TCMA Transoortation Concurrencv Manaaement Areas TCMS Transoortation Concurrencv Manaaement Svstem TOR Transfer of Development Rights TIS Transoortation Imoact Statement TND Traditional Neighborhood Design TP Turtle Permit TTRVC Travel Trailer Recreational Vehicle Camoaround UMAN Unified Wetland Mitiaation Assessment Methodoloqv USDOTFHA U.S. Dept. ofTransportation Federal Highway Administrator USFWS United States Fish and Wildlife Service VOB Vehicle on the Beach Permit VR Villaae Residential Zonina Districts VRP Veaetation Removal Permit VRSFP Veaetation Removal and Site Fill Permit W Waterfront District WRA Water Retention Area (within RLSAl SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Page 6 of 96 Words stnlelc throl:lgh are deleted, words underlined are added Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Boat lift canODV: A coverina that is applied to a boat lift over a leaallv permitted dock. * * * * * * * * * * * * * Commercial eauioment: Anv equipment used in a commercial business, reaardless if the equipment is actuallv owned or utilized bv a business. Commercial eauipment shall include the followina: earth-movina equipment. landscapina equipment. lawn mowers (push-tvpe or tractor), tillers. ladders, pipes, spools of electric-tvpe wirinq or cable, portable pumps, portable qenerators, pool cleanina equipment and supplies, any trailer not recreational in nature (flat-bed. stake-bed, or fullv enclosed), in addition to any other equipment of similar desian or function. Commercial vehicles: Anv vehicle used in coniunction with a commercial or business activity, or possessina the followina characteristics. Anv motor vehicle not recreational in nature havina a rated load capacity of areater than 1 ton, exceedina 7Y:z feet in heiaht. 7 feet in width, and/or 25 feet in lenath. The displav of letterina or a similar sian upon a vehicle shall not in and of itself make a vehicle commercial. * * * * * * * * * * * * * Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock. * * * * * * * * * * * * * House Dad: The fill placed on the oriainal around of a lot upon which a house with an attached aaraae is built: as differentiated from yard, drivewav, detached aaraae or drain field fill pads. * * * * * * * * * * * * * Pedestrian Dathwav: The area between the Road Riahts-of-Wav and the buildina within the Commercial Mixed Use Proiect and the Residential Mixed Use PUD Proiect. The Pedestrian pathway shall include: street furnishinas: a street tree plantina zone, and a pedestrian travel zone, and shall be a minimum of 21 feet in width. Pedestrian travel zone: The area within a Pedestrian pathway located in a Commercial Mixed Proiect or a Residential Mixed Use Proiect in which furnishinas or other obstructions shall be kept out to promote pedestrian movement. The pedestrian travel zone shall be a minimum of 5 feet in width. * * * * * * * * * * * * * Sign, mansard: Any sign which is attached to a mansard-style roof with the face parallel to the structure to which it is attached,.:. and whioh doos not projoot mora than 18 inohos from such structuro or abovo tho rooflino. Mansard signs shall be considered wall signs. (See Section 5.06.00.) * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.01 Residential Zoning Districts SECTION 2.03.01 Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Residential Zoning Districts A. Rural Agricultural Oistrict "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and Page 7 of 96 Words stHlelc through are deleted, words underlined are added facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a Aqricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi- rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. For Estates zoninq within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses . The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.06 Planned Unit Development Districts SECTION 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.06 Planned Unit Development Districts * * * * * * * * * * * * * G. Residential Mixed Use Neiahborhood Center PUD Desian Criteria. 1:. Purpose and Scope. The Residential Mixed Use Neiahborhood Center PUO Desiqn Criteria is intended to encouraae the develoDment of residential projects with a limited mix of commercial uses with a context of smart qrowth desiqn. Such mixed-use projects are intended to be developed at a human-scale with a pedestrian orientation, interconnectinq with adiacent project. whether commercial or residential. The Residential Mixed Use Neiqhborhood Center PUO is allowed in the Urban Mixed Use Oistrict contained within the FLUE and subiect to the standards and criteria set forth under the Residential Mixed Use Neiqhborhood Subdistrict and the reaulations contained herewith. .6... Residential PUO mixed use proiects shall complv with the followinq standards and criteria. These desian criteria are applicable to Residential Mixed Use Proiects, those projects approved prior to the effective date this amendment. shall not be reauired to adopt the desian criteria contained here within durinq any future PUD amendments. Page 8 of 96 Words struck tHrough are deleted, words underlined are added a. Uses in the commercial component are limited to those allowed in the C-1. C-2 and C-3 zonina districts as contained in the Collier County Land Development Code. b. The commercial component shall be no laraer than 10 acres in size and shall not exceed 80.000 sauare feet of aross leasable floor area. c. A maximum of one acre of land for commercial uses is allowed for each five acres of land for residential uses. d. The minimum size for a proiect utilizina the Residential Mixed Use PUD shall be areater than 5 acres. e. No sinale commercial use in the commercial component shall exceed 15.000 sauare feet of aross leasable floor area. except that a arocerv store or supermarket shall not exceed 45.000 sauare feet of aross leasable floor area. f. The maximum floor area ratio for commercial uses is 0.25. of the commercial component. g. Residential density shall be no less than the base density allowed by the FLUE Oensity Ratina System. For properties located in the Urban Residential Frinae. the minimum density shall be as allowed by that Subdistrict. h. For freestandina residential uses. acreaae to be used for calculatina density is exclusive of the commercial component and of any acreaae component for a use with a residential eauivalency. e.a. ALF-adult livina facility. For properties not located in the Urban Residential Frinae. eliaible density shall be as allowed by the FLUE Density Ratina SYstem. or as allowed under the existina residential zonina district. or as otherwise allowed by FLUE. Policy 5.1. For properties located in the Urban Residential Frinae, eliaible density shall be as allowed by that Subdistrict. i. For residential uses located within the commercial component of the project. whether located above commercial uses in the same buildina. in an attached buildina. or in a freestandina buildina: density is calculated based upon the aross proiect acreaae. For properties not located in the Urban Residential Frinae. eliaible density is the base density allowed by the Density Ratina SYstem. less any reductions. For properties located in the Urban Residential Frinae. eliaible density shall be as allowed by that Subdistrict. j. The project is encouraaed to use a arid street system. or portion thereof. so as to afford maximum opportunity for interconnections with surroundina properties and to provide multiple route alternatives. k. The project shall provide street. pedestrian pathway and bike lane interconnections with adiacent properties. where possible and practicable. I. The commercial component shall be interconnected with the residential component of the proiect by streets. or pedestrian pathways. and bike lanes. unless precluded by the existence of wetlands or other environmentally sensitive habitats. In such instance. no less than one type of interconnection shall be provided. m. All buildinas shall be limited to five stories in heiaht. inclusive of under buildina parkina. not to exceed the zoned heiaht and in no case areater than 60 feet. Page 9 of 96 Words struck through are deleted, words underlined are added n. The commercial component of the proiect shall be internally located with no direct access to adiacent external roadways. or the commercial component shall have frontaae on a road classified as an arterial or collector in the Transportation Element. o. If the commercial component is not internally located. then its frontaae shall be no areater than twice its depth. p. For proiects located alona an arterial or collector road. the number and type of access points shall be limited. as appropriate. so as to minimize disruption of traffic flow on the adiacent arterial or collector roadway. q. The setback for proiects which are adiacent to residentially zoned properties shall be a minimum of 15 feet. ~ Pedestrian Pathways. a. The pedestrian pathways alona the main streets shall be a minimum of 21 feet in width. which shall have a pedestrian travel zone that is unobstructed and continuous. (See diaaram. ) b. Pedestrian pathways shall be provided pursuant to section 4.02.3 8 0 of the LOC and shall include: street furnishinas. a street tree plantina zone. and a pedestrian travel zone. (This is not applicable to internal parkina lots.) c. Overhead arcades. awninas or canopies. may extend over the dinina and display zone as well as the pedestrian travel zone at a minimum heiaht of 8 feet. Furnishinas or other obstructions shall be kept out of the pedestrian travel zone. d. Outdoor dinina at buildina arcades or outdoor areas may be enclosed by planters. decorative fencina. or comparable moveable barriers. The dinina area shall not encroach into the pedestrian travel zone. e. Buildina elements in the form of arcades, overhanas, sianaae, marauees, bay windows. and structural supports shall be allowed to extend over the pedestrian travel zone. These allowable overhead encroachments shall have a minimum clearance of 8 feet heiaht above the sidewalk. Page 10 of96 Words strode through are deleted, words underlined are added --",-~.""--,,,_._.,---- MIXED USE PEDESTRIAN PATHWAY SECTION (Internal Street Section) ~ ~ 5' MIN.STREET TREE PLANTING ZONE~ ___ --- 4' MIN. FROM FACE I AWNING OF CURB TO ___ ~ OR ARCAD I :~ - - -:~ 171~ I II 18,1 DINING AN r 0 '"III.~ 0 DISPLAY ZON I~ _~ II 00 00 \ I " ~ --1- 8' MIN. HEIGHT J 5' MINIMUM ''-3' CAR DOOR ZONE PEDESTRIAN TRA VEL ZONE 21' MINIMUM ----PEDESTRIAN PATHWAY -I PREPARED BY, OFFICE OF GRAPHICS AND TECHNICAL SUPPORT COMMUNITY DEVElOPMENT AN!> ENVIRONMENTAL SERVICEs DIVISION DATE' 812006 FILE' PADESTRIAN PATHWAY 4. Street Furnishinas & Street Plantinas. a. Street furnishinas shall be provided in coniunction with the street tree plantina zone. Street furnishinas shall include benches per LDC Section 4.06.03 B. 8. one waste/recyclina receptacle@ per 300 lineal feet of street frontaae. and bike racks per LOC Section 4.05.08. Street furnishinas may also include bus shelters. information kiosks, and similar furnishinas. Page 11 of96 Words struck Ihroligh are deleted, words underlined are added b. Site furnishinas (not associated with an individual business) shall be coordinated and fabricated of compatible materials. c. Visual obstructions shall not be allowed within siaht trianales/spaces at street intersections pursuant to section 4.06.01 0.1 of the Code. d. The street tree plantina zone shall have a minimum width of 5 feet and a minimum lenath of 10 feet and be located parallel to the curb. Root barriers are reauired to protect sidewalks and utilities. 1. Within the street tree plantina zone. street trees shall be spaced at a rate of 40 feet on center and may be clustered. The street tree pattern may be interrupted by overhead arcades. utilities. and pedestrian access. Trees shall have a minimum heiaht at the start of branchina of 8 feet and have an overall plantina heiaht of 16 feet. Palm trees are allowed as a substitute to canopy trees where buildinCl elements (Reference LOC 2.03.06 G. 3.e. and LOC 2.03.06 G. 7. b. i. and ii.) are closer to the street and the amount of space for landscapina. the pedestrian travel zone, and street furnishinas will not allow canopy trees. Areas for canopy trees should be included at plazas, street intersections. and other areas where buildinCls are set back and space will allow. ii. Plantinas shall include a variety of tree and shrub species with at least 50% of the reauired trees and 35% of the reauired shrubs beina plants native to Florida. iii. Plantina zones at the around plane shall include turf arass: aroundcover. low shrubs or flowerina plants. 5. Landscape. a. General Landscape. 1. Provide a variety of tree and shrub species with at least 50% of the reauired trees and 35% of the reauired shrubs beina plants native to Florida. ii. Canopy trees used in open landscape areas (other than street trees) shall be a minimum of 10 feet in heiaht. havina a 4 foot spread and a minimum caliper of 1 % inches. Hi. Plantinas shall be a maximum of 25% turf arass. The balance shall be around cover. low shrubs and/or flowers located in plantina areas as is appropriate to the desian. iv. Irriaation shall be provided for all plantina areas. Irriaation control boxes and appurtenances shall be located away from direct public view. v. Landscape buffers per section 4.06.02 of the Code buffer reauirements shall apply to the external boundaries of the mixed use development only. Landscape buffers shall not be reauired internal to the mixed use development proiect. b. Parkina Lot Landscapina. Page 12 of 96 Words stnlek through are deleted, words underlined are added I. Up to 30 percent of the landscape islands may have a minimum width of 5 feet inside plantina area and shall be planted with a palm tree eauivalent. ii. Minimum tree size shall be 1 % " caliper and a minimum of 10 feet in heiqht. iii. The perimeter of all parkina lots frontinq public riaht-of- ways shall be screened to a minimum heiqht of 24 inches usinq walls. fences. landscapina or anv combination thereof. iv. Parkinq lot perimeter landscapinq areas shall be a minimum of 8 feet in width. Shrubs shall be arranaed in a staqaered pattern with a minimum size of 3 aallons at the time of plantinq to provide year-round screenina. Trees shall be included in the perimeter landscape area at a minimum spacina of one tree/palm per 25 feet of lineal frontaae. Street trees within the riqht-of-way may be used to meet this reauirement. 6. Buildina Foundation Plantinqs a. Buildina foundation plantinqs shall be reauired per section 4.06.05.B.4.. of the Code except as follows: The buildina reaardless of its size. shall provide the eauivalent of 10% of its qround level floor area. in buildina foundation plantinq area. A continuous buildina foundation plantina width is not reauired per section 4.06.05.B.5.a. of the Code. However, the foundation plantinas shall be located within 21 feet of the buildina edae in the form of landscaped courtyards and seatina area landscapina. 7. Buildina Architectural Standards a. The Mixed Use Proiects shall include architectural features that provide visually interestina buildina desiqn at a scale appropriate for pedestrian and automobile. i. Buildina facades shall be desiqned to reduce the mass and scale of the buildina, by providinq arcades. windows, entry features. and other desian treatments in compliance with section 5.05.08 of the Code. except as follows. ii. Covered pathways and arcades shall be constructed with columns a minimum width of 12 inches. if masonry and 10 inches wide. if constructed of finished steel products. iii. For buildinas 3 stories or more. pedestrian scale at the street level shall be maintained by incorporation of facade variations such as massina. texture. color or materials on the primary facades between the first and subsequent stories", b. The followinq architectural options are in addition to the list of required desian treatments identified in subsection 5.05.08 C.2. of the Code. i. Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum lenqth of 60 percent of the facade. Page 13 of96 Words stntelc throHgh are deleted, words underlined are added ii. A buildina recess or projection of the first floor with minimum depth of 8 feet and total minimum lenoth of 60 percent of the facade lenoth. iii. Architectural elements such as balconies and bay windows with a minimum depth of 3 feet and that cover a minimum of 30 percent of the facade above the first floor. (Storm shutters. hurricane shutters. screen enclosures or any other comparable feature. if applied as part of the structure, must also comply with the reauired minimum depth.) 8. Sian Types & Definitions. a. Definitions i. Sandwich boards: A portable sian comprised of two sian panels hinoed toaether at the toP. ii. Flao Banners: Fabric panels hanaina from or stretched between brackets projectina from Ijoht poles. b. Permitted Sian Types I. All sians shall be in compliance with Section 5.06 of the Code. except as follows: ii. Awnino Sians: In addition to any other sian allowed by this code. The front vertical drip of an awnino may be stenciled with letter or oraphics. A ten percent clear area border is reauired on all four sides of the front vertical drip. iii. Proiect Entrance Sians - Two around or wall sians shall be allowed at the main entrance to the develoDment with a maximum heiaht of 6 feet subiect to the followina reauirements. a) The sians shall contain only the name of the develoDment. the insionia or motto of the development and shall not contain promotional or sales material b) The sians shall be limited to 60 sauare feet of sian area each and shall not exceed the heioht or lenoth of the wall upon which it is located. c) The oround or wall sian shall maintain a 10 foot setback from any property line unless placed on a wall subject to the restrictions set forth in the Section 5.06 of the Code. c. Residential and Neiohborhood Amenity Sians - One around sian shall be allowed for each residential tract. Darcel or amenity with a maximum heioht of 4 feet subject to the followino reauirements. L. The sian shall contain only the name of the residential neiohborhood and the insiania. 11. The around or wall sian shall be limited to 30 sauare feet of sian area and shall not exceed the heioht of the lenoth of the wall upon which is located. Page 14 of96 Words struck tHrough are deleted, words underlined are added iii. Ground or wall sian shall maintain a 10 foot setback from any property line unless placed on a wall subject to the restrictions set forth in the Code. Q. Sandwich boards are permitted on the above qround floor. one per establishment, not to exceed 6 square feet of sian area in size and shall only be displayed durinq business hours. (maximum 2 faces at 6 Sq. feet each). e. Flaq Banners: Vertical or horizontal panels of woven fabric ror formed synthetic materiall attached to. and proiectinq from liqht poles within the project that act to identify. throuqh loqo. letterinq. or a combination thereof. the unified control of the project from developer throuqh and to proiect's Association. The maximum sian area shall be proportional to the heiqht of the pole: 1. 16 feet pole - 15 Sq ft. maximum (2 faces at 15 square feet each i1. 20 foot pole - 20 Sq ft. maximum (2 faces at 20 square feet each iii. 30 foot pole - 36 Sq ft. maximum (2 faces at 36 square feet each 1:. Seasonal and/or Special Events Banners: Vertical or horizontal panels that may be attached to desiqnated fixtures located within the project at the time of site development plan submission. The number of desiqnated fixtures for such panels shall be proportionate in number to parcels at a ratio of one to six (1 to 6). and are restricted to application within the commercial locations or sections of the proiect. q. Prohibited Sian Types i. Portable or mobile sians except sandwich boards. ii. Off-site sians. iii. Proiectinq or Pole sians IV. Fluorescent colors 9. Parkinq Requirements. Mixed-use proiects have the opportunity to provide a variety of parkinq options to residents and patrons and remove parkinq areas as the focal point of the development. Mixed- use projects reduce vehicular trips. and thereby reducinq the number of parkinq spaces. by utilizinq pedestrian-oriented desiqn and reducinq the distance between residential and commercial uses. a. Definitions 1. On-street Parkinq - Parkinq spaces located adiacent to. and accessed directly from the roadway. ii. Off-street Parkinq - Parkinq spaces located within parkinq lots or parkinq structures and accessed off the roadway. iii. Parkinq lot - A qround-Ievel area utilized for parkinq spaces accessible from the road and usually adiacent to the use it serves. iv. Parkinq structure - A multi-level parkinq area utilized for parkinq spaces that serve establishments within walkinq distance of the structure. The structure may or may not be adiacent to the establishments it serves. Page 15 of96 Words struck tHroUgH are deleted, words underlined are added b. Desjqn Criteria and Dimensional Requirements On-street Parkinq L Parallel parkinq shall be a minimum of 9 feet wide by 23 feet lonq. ii. Anqled parkinq may be 45 deqrees or 60 deqrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet lonq. c. Desiqn Criteria and Dimensional Requirements Off-street Parkinq L Location - Parkinq lots or parkinq structures shall be located to the rear of buildinos located on the main street. or the alonq the secondary/side streets. Off- street parkinq shall not occur in front of the primary facade. ii. Lots shall be desiqned to keep all circulation between aisles internal to the lot. Drivewavs to parkinq areas shall be a minimum of 24 feet wide. iii. 90 deqree parkinq spaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet by 18 feet. iv. 60 deqree anqled parkinq shall have a minimum drive aisle width of 20 feet. if one-way. and 24 feet. if two- way. Parkinq stall size shall be a minimum of 9 feet x 18 feet. d. Handicap Parkinq. Handicap parkinq shall be located to facilitate the most direct and safest route to buildino entries and meet all applicable codes. e. Parkinq Structures L Parkinq structure facades shall be desiqned to screen views of automobiles by the qeneral public from adiacent streets and driveways. ii. Parkinq structures without qround floor retail or residential uses alonq the front facade shall have a minimum 10-foot wide. Buildino Foundation Landscapinq pursuant to section 4.06.00. of the Code. Where the parkinq structure is attached to the buildino or adiacent to preserve area. and the preserve area meets the otherwise required landscapinq, no additionallandscapinq is required. iii. All structures with uncovered parkinq on the top level shall have rooftop planters around the perimeter that is a minimum of 5 feet wide located around a minimum of 80% of the perimeter of the parkinq inteqral to the structure. or suitable architectural features to soften the buildina edqe. iv. Parkinq structure liqhtinq shall be a maximum of 20 feet in heiqht. Liqhtinq shall incorporate full shield cut- offs to contain liqht to the surface of the deck only. v. Parkinq structures are also allowed to be located below qrade and below habitable space. These structures must be accessed from the rear of the buildina. Page 16 of96 Words stmelc throHgh are deleted, words underlined are added f. General Requirements and Shared Parkinq Aqreements. 1. The total number of parkinq spaces provided in a mixed-use proiect shall be determined bv the intended uses as required bv section 4.05.00 of the Code. Off- street Parkinq and Loadinq unless modified herein. ii. Commercial areas (with streets internal to the proiect) must utilize on-street parkinq to meet at least a portion of the parkinq requirement. iii. One half of the on-street parkinq spaces located within one block or 0.125 mile, whichever is less. may contribute toward an individual establishment's parkino requirement. iv. If a commercial area is developed in one phase with one site develooment olan application the on-street parkinq may be utilized to meet parkinq requirements in a one-to-one ratio. v. The overall parkino requirement may be reduced at the time of site develooment olan approval bv consideration of a shared parkino analvsis and aoreement. The analvsis shall demonstrate the number of parkino spaces available to more than one use or function. recoqnizino the required parkinq will vary dependino on the multiple functions or uses in close proximity which are unlikelv to require the spaces at the same time. The shared parkinq analvsis methodoloqv will be determined and aoreed upon bv County staff and the applicant durinq the pre-apolication meetinq. or durino onooino discussion, durinq the site develooment olan review process. vi. Establishments providinq valet parkinq services may not utilize parkinq areas desionated for shared use bv a shared parkino aoreement for the storaoe of vehicles parked bv this service. unless allowed bv the shared parkinq aoreement. vii. Residential areas that are within a block or 0.125 mile of a commercial area but are not directlv accessible bv a vehicle due to oatinq or lack of vehicular interconnection may not utilize on-street parkino in the commercial area to meet the residential parkinq requirement. viii. Residential areas may utilize on-street parkino that is abuttina a residential unit to meet the parkino requirement in a one to one ratio. If parkinq spaces are used to meet a residential parkinq requirement they may not then be utilized to meet any of the commercial requirement. 10. Service Areas a. Loadino docks, solid waste facilities, recvclino facilities and other services elements shall be placed to the rear or side yard of the buildina in visuallv unobtrusive locations with minimum impacts on view. b. Refuse containers and facilities shall be hidden bv an opaque wall or fencino of sufficient heiqht to screen the bin and any appurtenances. but not less than 6 feet in heioht. Chain link fencinq, wood fencinq and chain link oates are not allowed. Page 17 of 96 Words strl:lck IHroUgh are deleled, words underlined are added Walls shall be constructed of a material compatible with the principal structure it is servina. Landscapina with vines or other plants is encouraaed. Enclosures shall include solid latchable aates to avoid blowina refuse. c. Service area recesses in the buildinQ and/or depressed access ramps should also be used where applicable. d. Businesses are encouraaed to consolidate and share refuse areas and eauipment. * * * * * * * * * * * * * SUBSECTION 3. E. AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts SECTION 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts H. Santa Barbara Commercial Overlay District "SBCO". Special conditions for properties abutting the east side of Santa Barbara Boulevard, as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. Page 18 of96 Words stmele throl:lgh are deleted, words underlined are added 'l~fl.P " SA ..'1'4 IlMUlMiA CQUNUIf.'J .1.S4'l:JmS/'IfWr :rn'~,lin m.""r, 1lNMI!tA Figure 2.03.07 H. Page 19 of96 Words struek tHrough are deleted, words underlined are added I-:~ :: I n- I "' 115 116 , 17 24TH "'TNUE S.W " ~:- i 1"[ . ., f===---~ UJLL I fir! w.I""~"''' -~- ~ 187 91 :7-[ --]:io~ I . LOT 2 rR~ rr~~ ""~ LI = 'W ~~___J 1 0 GOLDEN GATE PAR\<WAr ~._------I I 9f I f71 I 113 I SANTA BARBARA COMMERCIAL SUBDISTRICT COLL/ER COUNTY, FLORIDA r----120 @~ L .~ 1. ~ 8 20 ;~ . 111 18 - ~ , ~ III 17 22ND PLACE S.W. 2,18 ( '" LEGEND rt--'-fj . SANTA BAR. BARA COMMERCIAL SUBDISTRICT ---..-- PREPARED BY, GRAPHICS M,D TECHNICAL SUPPORT SECTION COMMUNITY JEVElOPMENT AND ENVIRON~ENTAL SE~VICES DIVISION FILE: GGMP-39-3.DWG DATE, 6/2006 se0u- I I I I I <O<n * * * * SUBSECTION 3. F. * * * * * * * * AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts SECTION 2,03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUO Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. * * * * 2. Applicability * * * * * * * * * a. These regulations shall apply to the Bayshore Drive Mixed Use Page 20 of 96 Words str1:lck thro1:lgh are deleted, words underlined are added Overlay District as identified on BMUO Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LOC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. b. Existing Planned Unit Developments (PUDs) are not included subiect to fA the Bayshore Overlay Oistrict requirements; however, PUOs approved applications submitted. and found sufficient. after March 3, 2006 are included in the Bayshore Overlay District and must comply with the requirements stated herein. c. Amendments or boundary chanaes to PUOs that existed prior to March 3. 2006 are not subiect to the Bavshore Overlav District reauirements. 6 d. Property owners may follow existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the BMUD Neighborhood Commercial (NC) or Waterfront (W) Subdistricts of this overlay, through a mixed use project approval from the BCC. However, in either instance, BMUD site development standards are applicable, as provided for in section 2.03.07 I.a ,Q.h. of this Code. :!i! l /, I _DII'...._. --- IMUD-Rl (fIM~":l_ f" '''!,IOoRI (MH) -- II' i 'I " ~~'y.hon .,!~ u.. O!!rllV Dlatrict lMUD-Fa (....1 .MUI).NC I.., BMUD..NC Nelghbclrhood C~I.llubd.lltrtc::t BMUo.~ APZ ~PertlngZ- .....o..RI BMUD.W Wn.rfronl: Iubdln1l::t 'I 'ow.. '1'''''41 8~~1 .l',fRIlf4) ""D-M .....- ~"F.I) " IWD-NC fRMF"') IoOTAN.........- _._- '''UP-R1 R..hientl.t k1bc1W1ct 1 I..UD..fU RMldentl.J lubclIetrlc:t Z '''''-R1 (MP'''', BMUD-RlI R..ldentllllSubdl&b1ct 3 B"UD-Roi RMldenhl lubdllltJ1ct... (XXX) u,.., Lying lonlng t '\, I I, I ,II Future ~nd U.. ~ AdIYlty c.nt.r l' . . _. ~~I!ound.!y I ,I n -....,...... --- -...- --- I, .....IIU~-R3_ [Remove existing map and replace with map below] Page 21 of96 Words struelc tHrough are deleted, words underlined are added BMUD Map No.1 -l .J.i~ c.".....^" :~~ Ii i ~ /' ~. 0,:;;.,:/ /:1'/ I"",!:{ ~fSV.i! '~~11 Ih L /' /1;' ~ /'<) - l\ ~/~,~~)f/~~:: ii J \. //-~_~V'~, /;f<c: "\r. :Xi1. \~-yjl 'I ~)k~ -llrlll ; /1 h--<\;.J,JH ]', /'/ .~.s:J./'^r\"~).-;l~11 { J.~:: __.. \....::::_::.~x'-<" ,; / n ! .......,...---.._>,,', II , /...-~ ! },:,J "\l..,..::'./-=:::= ""'.....,Ii~ -... \....;;-,( ~-" v,! )0 ",.-.,,\ -'\\ f'.! ~ ..'.:"""",,-- if '! I! --.~ /, .u, .j ~\t'-...._ "'--.._~j \ __-~L:::~ "\\ -.;;. -- ---.~....", \ \. IAllJDoItJ F" '-.. "-',,:0."'. "'! r->' -", \ - 8MUDoIU[iit} V- \.... ':::> ' \'~?>'_~"c;,;:a, J - "-- (~., ~~v__-.:__"" ,..--- '1:, &lyshore Mixed Use OVlll'lIlv DIstrict l?~2l APZ Act:euoty Pa~ ZCnto BMUo.NC NeIgllbomood Commerd81 Sl.lbdlsto1cl BMUO-W W~1\>I1l sulldltdc! .:JTlUeCM., Pl.ACa. JIVO "......_'JtMr~-~ BMU~1 R....rlenlIal Subd_ 1 BMU0.R2 ResItlentIoJ SutJdslrlcl 2 BMU0.R3 Relldanllol Sub<ltllrlct 3 BMU0.R4 ResItlentIol Subd_ ~ ()()(J() Under Lying Zom111 Future Land UN &:\';::J AclIvlty Center 16 ..... eRA Boundary - Overlay Boundary 1IiNU1I1IClI'~ URDHPUD- ~trefto;lNUO II 1D>1H _OlAV """ I!~"'IMUCI , l~~:=. IWt.UL MY I .... . ~-~"i * * * * * * * * * * * * * 3. Mixed Use Project Approval Process. * * * * * * * * * * * * * d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: * * * * * * * * * * * * * 5. Administrative Deviations. Page 22 of 96 Words struck throHgh are deleted, words underlined are added a. Authoritv. The County Manaoer or desianee is hereby authorized to utilize this MUP Administrative Oeviation process to orant administrative deviations for proposed develoDments which have obtained a MUP approval from the Board of County Commissioners from the followina eliqible land develoDment standards that meet their associated criteria. b. Applicabilitv-List of Deve/ooment Standards Elioible for deviation reouests and Associated Criteria. At the time of SOP application an approved MUP shall be eliaible to seek an administrative deviation from the followina Code provisions that may apply: 1. 4.02. 16.A. Table 11.Front Yard Oncludino build-to line). .ill. These deviation reauests shall be subiect to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance. except that in order to be elioible for an administrative deviation the site shall meet at least one of the followino conditions or circumstances: II If constructed where otherwise reauired. the buildina(s) or structure(s) would conflict with reoulatory standards for existino public utilities or encroach into an associated public utility easement. which cannot reasonablv be relocated or vacated based on physical or leaal restrictions. as applicable. ill Darcel confiaurations of uniaue or challenaina boundary oeometry such as when a Darcel's acreaoe has limited frontaae relative to its acreaoe as defined by a ratio of acreaae to frontaae in excess of 0.0045 and which is proposina to provide frontaae and/or alternative frontaae alono internal vehicular and pedestrian circulation Dathwavs at a minimum of 110 percent of the Darcel frontaae. Ql In order for the conditions or circumstances under b). immediately above, to be approved for a deviation. the followino criteria shall also be met: II the proposed alternative shall be inteorated into the existina and future vehicular and pedestrian circulation pattern of the neiahborhood and, ill the proposed alternative shall demonstrate compliance with the intent of the standards to create a connective and walk-able environment by demonstratina a comparable relationship between proposed alternative buildina(s) location(s) and their associated pedestrian and vehicular Dathwavs. and associated parkino facilities. ii. Buildina and architectural standards. as specified below. These deviation reauests shall be subiect to the Page 23 of 96 Words struek tHrough are deleted, words underlined are added process and procedures of Sec. 5.05.08. F. Deviations and Alternative Comoliance: a) 4.02.16.A. Table 11. Buildina Desian; pertaininQ to the buildina facades facinQ the intersectino east-west streets with Bayshore shall have the same architectural desion treatment as the buildinQ facade facino Bayshore Orive; b) 4.02. 16. G. Architecture Desian Theme; and c) 5.05.08 Architectural and Site DesiQn Standards. iii. 4.02.16.F. Landscaoe and Buffer Requirements: and. 4.06.00 Landscaoina. Bufferina and Veaetation Retention as applicable. The alternative plans reQuestino approval for deviation from landscapino and buffer requirements shall be subject to the process and procedures of 5.05.08.F. Deviations and Alternative Comoliance: and, must additionally provide a minimum of 110 percent of the ODen SDace requirement for Mixed Use Proiects in addition to other conditions that the County Manaoer or desiQnee deems necessary. iv. 4.02.16. E. Desian Standards For Awninas. LoadinQ Docks. and Dumosters; and. 5.03.04. Dumosters and RecvclinQ. limited to: a) deviation requests for individual structures with curbside pickup, that shall be subject to the process and procedures provisions of subsection 5.03.04 G. Curbside Pickuo. b) requests for locational deviations from the subsection 4.02.16. E. shall be subject to the process and procedures of 5.05.08.F. Deviations and Alternate Comoliance and comply with the provisions of subsection 5.03.04 A. v. NotwithstandinQ the process and procedures set forth above for paraoraphs i. throuoh iv.. any appeals from these administrative decisions of the County ManaQer or desionee shall be made solely under the provisions of section 250-58 of the Collier County Code of Laws and Ordinances. vi. 4.02.16.0. Parkina Standards. These deviation requests shall be subject to the process and procedures of 4.05.04. F.2. e 2. Bayshore Mixed Use District (BMUD) Subdistricts * * * * * * * * * * * * b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment, while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, except for the standards set forth in section 4.02.17. For mixed use projects only, subject to the MUP approval procoss MUP aDDroval Drocess in Sec. 2.03.07 1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. Page 24 of 96 Words stmelc througH are deleted, words underlined are added * * * * * * * * * * * * * Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts P = permitted - - E = permitted with certain - ('II M - I I "lit ni ""' 0:: 0:: I exceptions - I 0:: 3: 0:: - - '(3 - ('II M - ... - CI) - - - - - Blank cell = prohibited E CJ CJ CJ CJ CJ ''::: ''::: ''::: ''::: ''::: CI) E - - - - (also see table of - I/) I/) I/) .~ "C 0 I/) :c :c :c conditional and accessory 0 u :c "C U .Q .Q .Q .Q .Q uses) "C ;:, ;:, ;:, ;:, ;:, U 0 en en en en en en 0 - ni ni ni .c C\J ~~ c :::: :::: :::: :::: 0 c c c c ... 't: CI) CI) CI) CI) "C "C "C "C C'l CI) 'in 'in - I/) I/) '(j) . C\J CI) CI) CI) CI) z 3: 0:: 0:: 0:: 0:: C. 0 0 0 0 0 ::) ::) ::) ::) ::) ::) :::E :::E :::E :::E :::E :::E Land Use Type or Category me m m m m m * * * * * * * * Automobile Parking 7521 E * * * * * * * * * * Boot Doalors aaa4 * * * * Marinas 4493 4499 P P * * * * * * * * * * Multi-Family Dwellings P P P P * * * * * * * * * * Parks, Public or Private P P P Performing Arts Theater+ 7922 ptl * * * * * * * * * * * * * * * * * * * * * * * * 7 This use does not include tow-in parking lots or storage. 8 Performance seating limited to 200 seats SUBSECTION 3. G. AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts SECTION 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * N. Gateway Triangle Mixed Use District Overlay Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUO Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUO Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and Page 25 of 96 Words struek through are deleted, words underlined are added development requirements shall be as required in the applicable underlying zoning classification. b. Existing Planned Unit Developments (PUDs) are not includod ffi subiect to the Gateway Triangle Mixed Use Oistrict requirements; however, PUD& applications submitted. and found sufficient. 3pprovod after March 3, 2006 are included in the Gateway Triangle Overlay Oistrict and must comply with the requirements stated herein. c. Amendments or boundary chanaes to PUDs that existed prior to March 3. 2006 are not subiect to the Gatewav Trianale Overlav District reauirements. &,.~ Property owners may follow existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the GTMUD Mixed Use (MXD) Subdistrict of this overlay, through a mixed use project approval from the BCC. However, in either instance. GTMUD site development standards are applicable, as provided for in section 2.03.07 N.5.d. of this Code. However,~ in either instance.,... GTMUD site development standards are applicable, as provided for in subsection 2.03.07 N.a Q.d. of this Code. ~JI n .. C-) (--'., JU NORTH Gateway Trianala Mixad Uae Over1ay District l1TMUD-MlcD (C-4) I l1TMUD-MXD M_ U.. Subd_ . _ _. CRABoundary __- #~ # "- ...f /iji#t~: if / I ,,,I I'll jl ill " iltl II I'cJ I r- ue-II -n,n -.. J1 (,\, \ r:--- ,,~II~ ~, : n !' ] l=~T ~ I~ III I r 111 Iii, ~ ! I ~( ( , / ~., l1TMIID-fl R_I_.I Subdlolrlcl (XXX) Under Lying Zoning Drotrtc1o Future Land Use ~ Activity Center 18 [Remove existing map and replace with map below] Page 26 of 96 Words strnek through are deleted, words underlined are added GTMUD Map No.1 ~ ...., "\. IDnI t"- l.t..- ~ IJu av...Ia" all1b! tllM\J!:).!,IXO IItlm$ U!l!d!~ OnNJOOR FllllltlltffM S~M {llXlI) tk.:.,L',rsllVl'''iil lillIIl ""'1t11rde FtiIll!!l Und UM t~0;l Aa2ri1'f CmIRr lEi ..... CHA1ll:wrdary - 0.""'" 'lII:xrde'Y 3. Mixed Use Project Approval Process. * * * * * * * * * * * * d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: * * * * * * * * * * * * * Q.. Administrative Deviations. a. Authoritv. The County Manaqer or desiqnee is hereby authorized to utilize this MUP Administrative Oeviation process to qrant administrative deviations for proposed developments which have obtained a MUP approval from the Board of County Commissioners from the followinq eliqible land development standards that meet their associated criteria. b. Aoolicabilitv-List of Deve/oDment Standards EliQible for deviation reQuests and Associated Criteria. At the time of SOP application an approved MUP shall be eliqible to seek an administrative deviation from the followinq Code provisions that may apply: 1.. 4.02.35.A. Table 1.Front Yard (includinq build-to line). 1.1 These deviation requests shall be subiect to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Comoliance. except that in order to be eliqible for an administrative deviation the site shall meet at least one of the followinq conditions or circumstances: ill If constructed where otherwise required, the buildina(s) or structure(s) would conflict with requlatorv standards for existinq public utilities Page 27 of 96 Words stmek throHgH are deleted, words underlined are added or encroach into an associated public utilitv easement. which cannot reasonablv be relocated or vacated based on phvsical or leQal restrictions. as applicable. Ql Parcel confiaurations of unique or challenainQ boundary Qeometrv such as when a parcel's acreaae has limited frontaae relative to its acreaQe as defined bv a ratio of acreaQe to frontaae in excess of 0.0045 and which is proposina to provide frontaae and/or alternative frontaae alona internal vehicular and pedestrian circulation pathways at a minimum of 110% of the parcel frontaae. ~ In order for the conditions or circumstances under b). immediatelv above. to be approved for a deviation. the followinQ criteria shall also be met: ill. the proposed alternative shall be intearated into the existina and future vehicular and pedestrian circulation pattern of the neiQhborhood and. Ql the proposed alternative shall demonstrate compliance with the intent of the standards to create a connective and walk-able environment bv demonstratinQ a comparable relationship between proposed alternative buildina(s) location(s) and their associated pedestrian and vehicular pathways. and associated parkinQ facilities. lL Buildina and architectural standards. as specified below. These deviation requests shall be subiect to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance: a) 4.02.35.G. Architecture DesiGn Theme: and b) 5.05.08 Architectural and Site Desian Standards. iii. 4.02.35. E. Landscape and Buffer Requirements: and. 4.06.00 LandscapinG. Bufferina and VeGetation Retention as applicable. The alternative plans reQuestinQ approval for deviation from landscapina and buffer requirements shall be subiect to the process and procedures of 5.05.08.F. Deviations and Alternative Compliance: and. must additionallv provide a minimum of 110% of the open space requirement for Mixed Use Proiects in addition to other conditions that the County ManaQer or desiQnee deems necessary. iv. 4.02.35. D. DesiGn Standards For AwninGS. LoadinG Docks. and Dumpsters; and. 5.03.04. Dumpsters and RecvclinQ. limited to: a) Oeviation requests for individual structures with curbside pickup. that shall be subiect to the process and procedures provisions of subsection 5.03.04 G. Curbside Pickup. b) Requests for locational deviations from the subsection 4.02.35. O. shall be subiect to the process and procedures of 5.05.08.F. Deviations and Alternate Compliance and complv with the provisions of subsection 5.03.04 A. v. Notwithstandina the process and procedures set forth above Page 28 of 96 Words strue1c throl:lgh are deleted, words underlined are added for paraaraphs i. throuoh iv., any appeals from these administrative decisions of the County Manaoer or desionee shall be made solely under the provisions of section 250-58 of the Collier County Code of Laws and Ordinances. vi. 4.02.35.C. Parkina Standards. These deviation re~uests shall be subiect to the process and procedures of 4.05.04. F.2. a Q. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUO-MXD). The purpose and intent of this subdistrict is to provide an option to current and future property owners by encouraging a mixture of low intensity commercial and residential uses on those parcels with frontage on US 41, the south side of Oavis Boulevard, and west of Airport-Pulling Road. Included also is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Orive on the East. Developments will be pedestrian- oriented and reflect building patterns of traditional neighborhood design. * * * * * * * * * * * * * SUBSECTION 3. H. AMENDMENTS TO SECTION 2.03.07 Overlay Zoning Districts SECTION 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * P. Copeland Zonino Overlav (CZO) 1. PurtJose. To create develocment standards which address the unioue community characteristics of the Copeland community. 2. Aoo/icabilitv. The Copeland Zonina Overlay (CZO) boundary is delineated on the map below, and these standards apply to those portions of the Copeland Community, which are in private ownership and located within the urban desionated lands on the Collier County Future Land Use Map. 3. Permitted uses. a. All crincical and accessory uses permitted by rioht in the VR- ACSC/ST zonina district as identified in section 2.04.03 of the LDC as of [the effective date of this ordinance] .Jo. the event any conflicts arise between the underlyino zonina district reouirements and those contained in the Copeland Zonina Overlay. the re~uirements of the Copeland Zonina Overlay shall supersede the underlyina zonino reouirements. 12.:. The followina uses may be permitted only on lands adiacent to Church Street: i. Churches and places of worship ii. Community centers iii. Civic and cultural facilities iv. Recreational facilities v. Post Office vi. Food Store (no oas services) f:. Area of Critical State Concern (ACSC) and Environmental Compliance. Nothina herein shall exempt any land use from complyino with the Area of Critical State Concern reouirements of section 4.02.14 of the LOC. The develocment of sinole Page 29 of 96 Words struelc throl:lgh are deleled, words underlined are added family dwellinos on existina lots of record within the VR- ACSC/ST zonina district shall be exempt from requirements to provide an Environmental Impact Statement (EIS); however, any subdivision or site develoDment Dlan may be required under section 10.02.02 of the Code to submit an EIS for review by Collier County. 4. Prohibited Uses. a. Multi-family dwellino units shall be prohibited on all VR zoned properties located within the Copeland Zonina Overlay as desiqnated on the official zonina atlas map. Page 30 of 96 Words struck through are deleted, words underlined are added ......... A.-r ,~~ - ---. ~ ~ OJ ~ ~F ----t' il '1 J r----1 , --- I-- \ ~ :<'..1 />:".. '>:> ./\ ..~ ~ >: ~ tt.-> ....~?~//'% './;... >>:1 ;; '" >/; / / //. /. '/7 Q. ;. /; / " iI T /4><>://>. ./ I 11 fJ //>, >//./ // '" .,. </~//>/, . / >/;.;,,/;1>//< . ':..... .~# :.:///;:/<>/./1: ...... : ~ ~..... ....// ;:............. ..://. '.?;;.';'f/~i 7..//...../....... ......>.. --..::::: >/~;>//'.j<///./:J ~ ;::> . / /// /.1.<> ' ./. /j . :;://.~77 ~.-. ........// <;///</ .. ..' . r . '/,/ >// .>< "; r}///' u- . \ >>// ></. '//;.J.{/';' '/< COPELAND >/. ......./... /'/"< /... ~ ,../ l ZONING OVERLAY .' #// ?;;" ;;;.;;":"'''''~;// '{ ........CIGUftY. n.c:IIIIM /?</// ......w'... ..~d" ~.../'>i 0 ;";/ . ....... '..: .......... /' /..?,ft. .' .;:../ >: /// . t -- ..... -.. _. ..' ,...... m-.. ..' '.' ',.<://://, ;./'/ /// T ,_ . .~,./ ~./// -..:: //,.<// ~,. . ....~ t>';.; / ......// '.:'. . .. .//t, 1;::;/// // >;"..~.1! <////; II ~ >./. ~</./.r~I.I~q.~/~ 1/;>//. ;/:// -}lA-h.. ....~ ;.;;./'< . , .. ,././........:. . II' ?>J//.;/> I ~ I ./// //: . ."'mio .. /, ....... :.//> I ~ I II 1:20 ......... ~TIOIl .~;:.~-~, _1Ir. IIII!mII!I _ _!U'l"lln__ ~ ~lNI.IAInr~-=:;,~=- 5. Accessory Uses. a. ParkinQ and storaae of recreational equipment / commercial vehicles. Page 31 of96 Words strucl( through are deleted, words underlined are added i. Within the VR-ACSC/ST zoninq district. boats, trailers. recreational vehicles or other licensed recreational equipment may be stored in any yard subiect to the followinq conditions: a) Recreational vehicles and equipment may not be used for Iivinq. sleepinq, or housekeepinq purposes when parked or stored. b) Recreational vehicles or equipment stored under this section of the LDC shall not exceed 35 feet in lenqth. c) Recreational vehicles exceedinq 35 feet in lenqth may only be parked or stored in accordance with section 2.01.00 of the LDC. d) No more than 2 commercial vehicles, 35 feet or less in lenqth, shall be permitted to be parked at the property owner's residence, unless one or more of the vehicles are temporarily enqaqed in construction or service operation. i) Parkinq for the property owner's licensed commercial vehicles shall only be permitted within driveways, qaraqes, and/or carports in accordance with Collier County requlations. ii) Commercial vehicles qreater than thirty- five (35) feet or qreater in lenqth shall be prohibited from parkinq or beinq stored on residentially utilized property. e) Commercial eauicment such as crab traps. and other seasonal commercial eauicment may be stored on the owner's residential property in any yard. b. Keepinq of animals/fowl as accessory use. On VR-ACSC/ST carcels a minimum of two (2) acres in area or qreater, individual property owners may keep a maximum of 25 poultry or fowl in total numbers, and a maximum of 2 horses or other livestock per acre. * * * * * * * * * * * * * Page 32 of 96 Words struele through are deleted, words underlined are added SUBSECTION 3. I. AMENDMENTS TO SECTION 2.04.03 Table of Land Uses in Each Zoning District SECTION 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.04.03 Table 2. Lands Uses that May be Allowed in Each Zoning District as Accessory Uses or Conditional Uses C = conditional use * A = accessory use -.. '" ...... ..,.. or, Ie \..) <C \":II k. ~ ~ k. ~ ~ * Cj kl VJ VJ VJ VJ VJ ~ ~ ~ ~ ~ ~ * SIC Code * * * * * * * * * * * * * * SouP kitchens * Sports instructional camps or * schools C Staged entertainment facilities * Stone, clay, glass and concrete * products Swimming pools * Storage, enclosed * Tennis facilities * Textile mill products * Transfer slations * Veterinarian's office C * Wholesale trade - durable goods * Wholesale trade - nondurable * goods Yacht club * Zoo C * 1-- The overlay districts are not included in this table where they are design-oriented and do not change the underlying uses, Overlay districts, whether listed herein or not, allow the uses in the underlying zoning district. Those overlay districts listed in this table also allow the specifically listed uses. Residential Neighborhood Commercial is not inoluded, 3S it deals with home occupations. Also permissible in the C-1 zoning district is any other commercial use or professional service which is comparable in nature with the listed uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. a For Estates zoninq within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan restricts the location of conditional uses. For restrictions/conditions on clam nurseries in the Goodland Overlay District, see 2.03.07 2 Not incidental to agricultural development of the property. NOTE: "Extraction related processing and production" is not related to "oil extraction and related processing" as defined in this Code. Subject to the following criteria: (a) the activity is clearly incidental to the agricultural development of the property, (b) the affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District. (c) the amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in section 10.08.00. 4 Subject to state field development permits. 5 With outdoor kenneling. 6 Only when located outside of any activity center. If within an activity center, see the permitted use tables above. * * * * * * * * * * * * * SUBSECTION 3. J. AMENDMENTS TO SECTION 2.06.01 Generally SECTION 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 33 of 96 Words struck through are deleted, words underlined are added * "1:l * i=: N M o::l U I C=conditional use u ";3~ I I * gu <l) <l) * .- I u .... ~ ("~Q) i=: o::l A =accessory use <l) ::a * ~ u '2 <l) * o\+:: <l) e ....<.;.., > p,.o i=: <l) * ~- 0 .... U i=: "u ~ - * .... <l) ~ ~ <l) i=: * S <l) '(j '(j SO .... .... <l) <l) * 0 E S ACCESSORY AND * u S S 0 0 CONDITIONAL USES u u * * * Mixed Use uses C16 C16 C16 * * * * * * * 16 Subiect to desian criteria contained in Section 4.02,38 * * * * * * * * * * * * * * * * * * * SUBSECTION 3. K. AMENDMENTS TO SECTION 2.06.01 Generally SECTION 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.00 AFFORDABLE HOUSING DENSITY BONUS 2.06.01 Generally * * * * * * * * * * * * D. In order to qualify for the AHOB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. * * * * * * * * * * * 2. Application. An application for AHDB for a development must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be provided for the housing and urban improvement director. The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development categorized by level of income, number of bedrooms, and rental units and owner-occupied units: Page 34 of 96 Words struel, through are deleted, words underlined are added i. Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). ii. Low income households (one bedroom, two bedrooms, or three bedrooms or more). iii. Very low income households (one bedroom, two bedrooms, or three bedrooms or more). iv. Total affordable housing units (one bedroom, two bedrooms, or three bedrooms or more). e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, an application for a Stewardship Receiving Area. or a conditional use application for a Commercial Mixed Use proiect as provided for within section 4.02.38 of the LDC; and g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. * * * * * * * * * * * * * SUBSECTION 3. L. AMENDMENTS TO SECTION 3.02.10 Standards for Subdivision Plats SECTION 3.02.10 Standards for Subdivision Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.10 Standards for Subdivision Plats A. All subdivision plats shall be consistent with the need to minimize flood damage. B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage. C. All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. O. Base flood elevation data shall be shown on the Master Subdivision Plan. E. All final plats presented for approval shall clearly indicate the finished elevation above NGVO of the roads, the average finished elevation a9Ewe NGVD of the lots or homesite, and the minimum base flood elevation a9Ewe NGVD as required in this section. All qrades must be shown in both NAVD and NGVD. The information may be shown referenced to one datum with a note on the cover sheet listinq a site-specific equation for determininq the qrades in the other datum * * * * * * * * * * * * * SUBSECTION 3. M. AMENDMENTS TO SECTION 3.03.05 Sea level Rise SECTION 3.03.05 Sea Level Rise, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.03.05 Sea Level Rise An analysis shall be required demonstrating the impact of a six (6) inch rise in sea level above NGVD for development projects on a shoreline. This requirement shall be met by inclusion of this analysis in an environmental impact statement (EIS). This requirement shall be waived when an EIS is not required. This analysis shall demonstrate that the development will remain fully functional for its intended use after a six (6) inch rise in sea level. In the event that the applicant cannot meet this requirement, a list shall be provided by Page 35 of 96 Words struelc through are deleted, words underlined are added the applicant of the changes necessary in order for the development to meet the standard. * * * * * * * * * * * * * SUBSECTION 3. N. AMENDMENTS TO SECTION 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation SECTION 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed oxicting prior to June 19, 2002. * * * * * * * * * * * * * F. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one (1) acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: 1. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre. 3. All needed environmental permits or manaoement plans have been obtained from the appropriate local. state and federal aoencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where qreater veoetation protection is required in the Rural Frinoe Mixed Use Oistrict. a hiqher native veqetation protection requirement may not allow for the full 1 acre of clearino. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final development order. 2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A.1. 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Page 36 of96 Words struck IAf0l:1gh are deleted, words underlined are added Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 6. After a riaht-of-way for an electrical transmission line or public utility distribution line has been established and constructed. a local oovernment may not require any clearinq permits for veqetation removal. maintenance, tree prunino or trimmino within the established and constructed riaht-of-way. Trimminq and pruninq shall be in accordance with subsection 4.06.05.J.1 of the Code. All needed environmental permits must be obtained from the appropriate aqencies and manaoement plans must comply with aqency requlations and quidelines. These may include but are not limited to permits for wetland impacts and manaoement plans for listed species protection. 7. After a publicly owned road riaht-of-way has been leqally secured. a local qovernment may not require any clearinq permits for veqetation removal. maintenance. tree pruninq or trimmino within the established road riaht-of- way. Trimmino and prunino shall be in accordance with subsection 4.06.05.J.1 of the Code. All needed environmental permits or manaqement plans have been obtained from the appropriate local. state and federal aqencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. * * * * * * * * * * * * * SUBSECTION 3. O. AMENDMENTS TO SECTION 3.05.10 Littoral Shelf Planting Area (LSPA) SECTION 3.05.10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.10 Littoral Shelf Planting Area (LSPA) The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. A. Design requirements. * * * * * * * * * * * * * 7. Required information. The planting plan for the LSPA shall provide the following information: a. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total area at control elevation (NGVD); b. Control elevation (NGVD) and dry season water table (NVGD); c. Maximum water depth (feet) and estimated number of months of flooding for the range of planted elevations within the LSPA; d. A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; e. Planting locations of selected plants. * * * * * * * * * * * * * SUBSECTION 3. P. AMENDMENTS TO SECTION 4.01.01 Elevation Requirements For All Developments SECTION 4.01.01 Elevation Requirements For All Developments, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.01.01 Elevation Requirements for All Developments Page 37 of96 Words stmck through are deleted, words underlined are added The elevation of all building sites and public or private roadways included within a subdivision or development for which a use other than conservation or recreation is proposed shall be not less than five and one half (5 1/2) foot NGVD whon complotod, or to such minimum elevations above tho GGtablishod NGVD datum as adopted by the BCC, FEMA/FIRM, or South Florida Water Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines, saltwater barrier lines, and other appropriate regulations regarding land filling, conservation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. * * * * * * * * * * * * * SUBSECTION 3. Q. AMENDMENTS TO SECTION 4.02.16 Design Standards for Development in the BMUD . Neighborhood Commercial Subdistrict SECTION 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict A. Dimensional Standards Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Desian Standards front yard build-to-Iine 5 feet from the property line to the building footorint. The front build-to-Iine shall 1. Eighty percent of the structure must be also apply to any new located at the required front yard build-to-line; buildings or structures in the the remaining 20 percent must be behind the C-1 through C-5 zoning front yard build-to-Iine within the range of 3 to districts which underlay the 1 0 feet. * BMUO Neighborhood Commercial Subdistrict. 2. Buildings containing commercial or residential uses are required to have a minimum depth of 35 feet from the front yard build-to- line on all floors. The remaining depth of the lot may be used for parking. 3. Buildings which faco on lots that abut Bayshore and intersecting side streets shall have the same front yard build-to-Iine as the front yard build-to-Iine for Bayshore. * [This is to allow for an entry courtyard or additional landscaping, if desired]. * * * * * * * * * * * * * * * * * * * * * * ~. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. BMUD-NC land immodiatoly adjacent to abuttina Haldeman Creek may engage in boat rental operations. Page 38 of 96 Words struelc throl:lgh are deleted, words underlined are added 3. Lots abuttina adjaGent to the Neighborhood Commercial (NC) and Waterfront (W) Subdistricts, as indicated on BMUD Map No.1, may construct a dock provided the lots are under the same ownership as the adjacent BMUD-NC or BMUD-W parcels. A site development plan shall be submitted to the County Manager or designee and must succeed in gaining approval. * * * * * * * * * * * * * E. Design Standards For Awnings, Loading Docks, and Dumpsters 1. Loading docks and service areas shall not be allowed along the street frontage. 2. All dumpsters~ for new developments of less than 2 acres. must be located in the rear yard of the property, and not visible from Bayshore Drive. F. Landscaping and Buffer Requirements 1. As required by section 4.06.00 of this Code, unless specified otherwise below: 2. Buffers are required between mixed use PUDs. BMUD-NC and BMUD-W Subdistricts aM that abut contiguous BMUD R1 through R4 Rresidential Subdistriot€;, property. A minimum 10-foot wide landscaped area shall be required. This area shall include: a (6) six-foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall. 3. A shared 10' wide landscape buffer with each adjacent property contributing a minimum of 5 feet is required between BMUO-NC and BMUD-W Subdistricts abutting abuttina commercial zoned districts or abutting BMUD- NC or BMUD-W Subistricts. However, the equivalent buffer area square footage may be provided in the form of landscaped and hardscaped courtyards, mini-plazas, outdoor eating areas and building foundation planting areas. * * * * * * * * * * * * * G. Architectural Oesign Theme. The "Florida Cracker" architectural theme is encouraged for any new developments or existing building rehabilitation or renovation in the C-1 through C-5 zoning districts which underlay the BMUD Neighborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suggested architectural design theme is used then the elements of the buildings should reflect the architectural vernacular of the "Florida Cracker" style. 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. Regardless of the architectural theme chosen, the following design elements are required. a. Hip or gable building roofs shall be metal seam (5v Crimp, standing seam or similar design) b. Windows with vertical orientation and the appearance of divided glass trim. c. Facade wall building materials shall be of wood, stucco finish or cement board products. Page 39 of 96 Words strucl, through are deleted, words underlined are added d. All buildings immediately adjacent to Bayshore Drive shall have the principal pedestrian entrance fronting Bayshore Drive. Exceptions may be oranted for mixed use proiects of 2 acres or areater throuoh the administrative deviation process per section 2.03.07.1.5. e. Thirty-five (35) percent of the building facade along Bayshore Drive will be clear glass. f. Clear glass windows with a tint of 25% or less, between the height of two (2) and seven (7) feet above sidewalk grade are required on the primary facade of the first floor of any building. g. Attached building awnings may encroach over the setback line by a maximum of five (5) feet. h. Florescent colors shall not be used. * * * * * * * * * * * * * SUBSECTION 3. R. AMENDMENTS TO SECTION 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict SECTION 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict A. Design Standards for the Subdistrict are the same as those set forth for the BMUD Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. B. Special conditions for Marinas.;,.:. 1. Repair and dry storage areas shall not be visible from the street. 2. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and not visible from Bayshore Orive. 3. All boat racks shall be enclosed, with a wall or fence. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. 5. Outdoor displays of boats for sale on properties fronting Bayshore Orive shall be limited to the following: a. All areas used for boat display activities shall occupy no more than thirty-five (35) percent of the linear frontage of the property. b. All boat sale areas shall not be closer to the frontage line than the primary building they serve. c. All boats located within an outdoor sales area shall not exceed the height of seventeen (17) feet above existing grade. d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. e. An additional landscape 10 foot buffer is required around the perimeter of the outdoor boat sales area. This buffer must Page 40 of 96 Words struck throl:lgh are deleted, words underlined are added include, at a minimum fourteen (14)-foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three feet on center at the time of planting. 6. (Reserved) Outdoor displays of boats on propertios fronting Haldoman Crook shall bo limitod to tho foIlO\.\'ing: a. All areas usod for boat sales shall utilizo no moro than fifty (50) porcent of tho linoar frontago of tho proporty. b. 1\11 nO'N boat sale aroas shall not bo closor to tho frontngo line than tho primary building thoy sorve unloss it is othorwise recommondod for npprovnl rO'lio\\'od and commontod on bv the CRA Local J\dvisory Board staff and shall bo administmtivoly approvod by tho County M~mager or designoo. c. .'\11 boats locatod within outdoor emlos aroas shall not oxcood a hoight of thirty fivo (35) foot abovo tho oxisting grado. Sailboat m::1sts aro oxompt from this limitation. d. Outdoor salos ::1roas shall bo connoctod to the parking area and primary structure by ::1 podostri::1n ':Ialkway. o. An additional landscapo 10 foot buffor is requirod around the porimotor of tho outdoor salos aroa. This buffor must include, at minimum fourtoon (14) foot high troos, spacod at thirty (30) foot on contor ::1nd a threo (3) foot high doublo row hodgo spacod at threo (3) foot on centor at tho time of planting. 7. One (1) parking space per five (5) dry boat storage spaces. 8. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. * * * * * * * * * * * * * SUBSECTION 3. S. AMENDMENTS TO SECTION 4.02.18 Design Standards for Development in the BMUD . Residential Subdistrict (R1) SECTION 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.18 Design Standards for Development in the BMUD. Residential Subdistrict (R1) Subdistrict design standards encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. In new development the purpose is to encourage a traditional neighborhood design pattern. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. * * * * * * * * * * * * * B. Specific Design Requirements * * * * * * * * * * * * * 5. Garages and driveways. a. Garage doors shall have a maximum width of sixteen (16) feet. b. The driveway shall have a maximum width of eighteen (18) feet in the Page 41 of96 Words struelc through are deleted, words underlined are added right-of-way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. BMUD Figure 6: Garage Driveway (For illustrative purposes only) f.:. No freestanding carports are permitted. Carports and porte-cochere must be attached to the principal structure and of similar materials and design as the principal structure. Carports shall be no closer than 23 feet from the front yard setback line. d. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. * * * * * * * * * * * * * 6. Accessory Unit An accessory unit is a separate structure located on the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, garage, swimming pool or guesthouse. a. Ownership of an accessory unit shall not be transferred independently of the primary residence. b. Only one (1) accessory unit of each type of use is permitted per principal structure. c. The maximum area of an accessory unit is aw 570 square feet, limited to one (1) habitable floor. d. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. e. The maximum height of a structure containing a guesthouse over a garage is limited to a maximum of twenty (20) feet, measured from the level of the first finished floor of gr3ded lot to the eave, and with a maximum actual building height of twenty-six (26) feet to the top of the roof. Page 42 of 96 Words strucIe through are deleted, words underlined are added i. A structure containing only a guest unit must meet the NFIP first habitable floor elevation requirement. The maximum actual building height shall not exceed twenty-six (26) feet to the top of the roof. * * * * * * * * * * * * * SUBSECTION 3. T. AMENDMENTS TO SECTION 4.02.23 Same - Development in the Activity Center #9 Zoning District SECTION 4.02.23 Same - Development in the Activity Center #9 Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.23 Same - Development in the Activity Center #9 Zoning District * * * * * * * * * * * * * C. In addition to the requirements of section 5.05.08, buildings shall have features that characterize the area character themes. These elements include: 1. All primary facades of a building shall feature one (1) or more of the following design elements listed below: a. Porch. b. Portico. c. Elevated first floor or elevated entry. d. Any other treatment which the County Manager or designee determines to represent the character themes of this overlay district. 2. Roof treatment. a. Buildings with gross floor areas of less than 10,000 square feet shall have pitched roofs. Pitched roofs shall have a minimum of 4/12 slope. b. Buildings with gross floor areas of 10,000 square feet or greater shall have one or more of the following roof treatments: i. Pitched roof with a minimum slope of 4/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of fifty (50) percent of the length of any primary facade, and a minimum of thirty (30) percent of the attached facades as measured from the connection point. c. Industrial use buildings shall have one (1) or more of the following roof treatments: i. Pitched roof with a minimum slope of 3/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of thirty (30) percent of the length of any primary facade, and twenty (20) percent of the attached facades as measured from the connection point. d. Roof material shall be tile or metal. e. Roof overhangs shall be deep, no less than three (3) feet beyond the supporting walls. f. To create articulation, roofs shall include a minimum of one (1) of the following architectural elements: i. Clearstory windows. Page 43 of 96 Words strucl( through are deleted, words underlined are added ii. Cupolas. iii. Dormers. iv. Attached clock towers. .j.v,.v. Any other treatment which the County Manager or designee determines to represent the character themes of this overlay district. 3. Freestandinq clock towers shall be permitted in non-residential and mixed use planned unit developments (PUDs) within Activity Center NO.9 subiect to the followinq conditions: a. The clock tower shall not exceed an actual heiaht of 35 feet. measured from the hiqhest point of the crown of the road adioininq the tower site; b. The clock tower shall be desiqned to complement the architectural themes of this overlay district pursuant to subsection 4.02.23 B; c. The clock tower shall have no more than 1 clock face per side and diqital clocks shall not be allowed; d. The clock tower shall not contain any sionaoe of any nature: and e. Only one clock tower per business park or PUD shall be permitted. * * * * * * * * * * * * * E. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless of the gross building area. * * * * * * * * * * * * * SUBSECTION 3. U. AMENDMENTS TO SECTION 4.02.35 Design Standards for Development in the GTMUD- Mixed Use Subdistrict (MXD) SECTION 4.02.35 Design Standards for Development in the GTMUD- Mixed Use Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.35 Design Standards for Development in the GTMUD- Mixed Use Subdistrict (MXD) * * * * * * * * * * * * * E. Landscaping and Buffer Requirements. ~ Landscaping and buffer requirements shall be pursuant to section 4.06.00 of this Code unless specified otherwise below: 2. Buffers are required between GTMUD-MXD Subdistricts and contiguous GTMUO R Residential Subdistriots, abuttina residential property. A minimum buffer 10-foot wide landscaped area shall be required. This area shall include: a (6) six-foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall. * * * * * * * * * * * * * SUBSECTION 3. V. AMENDMENTS TO SECTION 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R) Page 44 of 96 Words struck through are deleled, words underlined are added SECTION 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.36 Design Standards for Development in the GTMUD--Residential Subdistrict (R) * * * * * * * * * * * * * 5. Garages and Driveways. a. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. b. No freestanding carports are permitted. Carports and porte-cochere (Figure GTMUD 11) must be attached to the principal structure and of similar materials and design as the principal structure. Carports shall be no closer than 23 feet from the front yard setback line. c. The distance from the back of the sidewalk to the garage door (GTMUD Figure 10) must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 6. An accessory unit is a separate structure located at the rear of the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, garage, swimming pool or guesthouse. Ownership of an accessory unit shall not be transferred independently of the primary residence. a. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. b. No freestanding carports are permitted. Carports and porte-cochere (Figure GTMUD 11) must be attached to the principal structure and of similar materials and design as the principal structure. Carports shall be no closer than 23 feet from the front yard setback line. * * * * * * * * * * * * * SUBSECTION 3. W. Add Section 4.02.38 Specific Design Criteria for Mixed Use Developments within C-1 through C-3 Zoning Districts SECTION 4.02.38 Specific Design Criteria for Mixed Use Developments within C-1 through C-3 Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.38 Specific Desian Criteria for Mixed Use Development within C-1 throuah C-3 Zonina Districts A. Purpose and Scope. The Commercial Mixed Use desion criteria are to encouraqe the development and the redevelopment of commercially zoned properties with a mix of residential and commercial uses. Such mixed-use proiects are intended to be developed at a human-scale with a pedestrian orientation, interconnectino with adiacent proiect, whether commercial or residential. A Commercial Mixed Use Project is allowed in the Urban Mixed Use Oistrict contained within the FLUE and subject to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban- Commercial District and the requlations contained herein. B. Applicability. All properties zoned C-1, C-2 and C-3. These requlations shall apply to all mixed-use projects proposed within these zoninq districts. subiect to the desion criteria set forth in this ection. The desiqn criteria address the relationship of buildinas, parkinq. vehicular. and pedestrian movement to create a pedestrian oriented experience. Buildinas are encouraoed to be built Page 45 of 96 Words struck through are deleted, words underlined are added close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizino the architecture. landscapina. liahtino. sianaoe. and street furnishinos. Vehicular travelways support two-way traffic and on street parkino. A looical pedestrian pathway system is provided throuohout that connects the pedestrian movements from one use to another or within use areas. Buildina arcades and awninos are allowed to extend over the sidewalk to create shade and encouraoe pedestrian activity. Sionaoe desion shall be carefully inteorated with site and buildina desion to create a unified appearance for the project. Creativity in the desion of sians is encouraoed in order to emphasize the uniaue character of the project. Projects utilizino these desion criteria will be developed in compliance with the LOC. except as specified herein. C. Commercial Mixed Use Desian Criteria. Projects utilizino the Commercial Mixed Use option within a C-1. C-2. or C-3 Zonino District shall comply with the followina standards and criteria. .1. These desian criteria are applicable to the C-1 throuah C-3 zonina districts. 2. Commercial uses and development standards shall be in accordance with the commercial zonino district on the subiect property. unless modified within these reoulations. ~ Residential density is calculated based upon the oross commercial proiect acreaoe. For property in the Urban Residential Frinoe Subdistrict. density shall be as limited by that subdistrict. For property not within the Urban Residential Frinoe Subdistrict. but within the Coastal Hioh Hazard Area. density shall be limited to four dwellina units per acre; density in excess of three dwellina units per acre must be comprised of affordable-workforce housino in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41. as amended. For property not within the Urban Residential Frinoe Subdistrict and not within the Coastal Hioh Hazard Area. density shall be limited to sixteen dwellina units per acre; density in excess of three dwellina units per acre and UP to eleven dwellina units per acre must be comprised of affordable-workforce housino in accordance with Section 2.06.00 of the Land Development Code. Ordinance No. 04-41. as amended. In case of residential uses located within a buildina attached to a commercial buildina or in the case of a freestandino residential buildina. sauare footaoe and acreaae devoted to residential uses shall not exceed seventy percent (70%) of the aross buildina sauare footaoe and acreaoe of the proiect. 4. The project shall provide street. pedestrian pathway and bike lane interconnections with adiacent properties, where possible and practicable. 5. The proiect shall. to the areatest extent possible, use a arid street system. or portion thereof. so as to afford maximum opportunity for interconnections with surroundina properties and to provide multiple route alternatives. D. Pedestrian Pathways. .1. This desion criteria is only applicable to streets internal to commercial mixed use projects, it is not applicable to project portions frontino on existina collector or arterial roadway. ~ The pedestrian pathways alona the main streets shall be a minimum of 21 feet in width. (See diaoram below) 3. Pedestrian pathways shall be provided pursuant to Collier County LDC Section 4.02.38 D. and shall include: street furnishinos. a street tree plantino zone. and a pedestrian travel zone. (This is not applicable to internal parkina lots). Page 46 of 96 Words stnlel( tHrough are deleted, words underlined are added 4. Overhead arcades. awninqs or canopies, may extend over the dininq and displav zone, as well as. the pedestrian travel zone at a minimum heiqht of 8 feet. Furnishinqs or other obstructions shall be kept out of the pedestrian travel zone. 5. Outdoor dininq at buildino arcades or outdoor areas may be enclosed bv planters. decorative fencinq. or comparable moveable barriers. The dininq area shall not encroach into the pedestrian travel zone. 6. BuildinQ elements in the form of arcades, overhanqs. siqnaqe. marquees, bay windows, and structural supports shall be allowed to extend over the pedestrian travel zone. These allowable overhead encroachments shall be have a minimum clearance of 8 feet heiqht above the sidewalk. E. Street Furnishinqs & Street Plantinqs. .1. This desiqn criteria is on Iv applicable to streets internal to commercial mixed use proiects. it is not applicable to project portions frontinq on existinq collector or arterial roadways. 6.. Street furnishinqs shall be provided in coniunction with the street tree plantinq zone. Street furnishinqs shall include benches per LDC Section 4.06.03 B. 8. one waste/recvclinq receptacle per 300 lineal feet of street frontaoe. and bike racks per LDC Section 4.05.08. Street furnishinqs may also include bus shelters. information kiosks, and similar furnishinqs 3. Site furnishinqs (not associated with an individual business) shall be coordinated and fabricated of compatible materials. 4. Visual obstructions shall not be allowed within siqht trianqles/spaces at street intersections pursuant to 4.06.01 0.1 of the LDC. 5. The street tree plantinq zone shall have a minimum width of 5 feet and a minimum lenqth of 10 feet and be located parallel to the curb. Root barriers are required to protect sidewalks and utilities. i. Within the street tree plantinq zone. street trees shall be spaced at a rate of 40 feet on center and may be clustered. The street tree pattern may be interrupted bv overhead arcades. utilities, and pedestrian access. Trees shall have a minimum heiqht at the start of branchinq of 8 feet and have an overall plantinq heiqht of 16 feet. Palm trees are allowed as a substitute to canopy trees where buildino elements (reference LDC 2.03.06 G 3.e. and LDC 2.03.06 G 7.b. i and in are closer to the street and the amount of space for landscapinq, the pedestrian travel zone, and street furnishinqs will not allow canopy trees. Areas for canopy trees should be included at plazas, street intersections. and other areas where buildinos are set back and space will allow. ii. Plantinqs shall include a variety of tree and shrub species with at least 50 percent of the required trees and 35 percent of the required shrubs beinq plants native to Florida. iii. Plantinq zones at the qround plane shall include turf qrass; qroundcover, low shrubs or flowerinq plants. F. Landscape. Page 47 of96 Words struck through are deleted, words underlined are added 1:. This desian criteria is onlv applicable to streets internal to commercial mixed use proiects. it is not applicable to project portions frontina on existina collector or arterial roadway. 2. Provide a variety of tree and shrub species with at least 50 percent of the reauired trees and 35 percent of the reauired shrubs beina plants native to Florida. 3. Canopy trees used in open landscape areas (other than street trees) shall be a minimum of 10 feet in heiaht, havina a 4 foot diameter spread and a minimum caliper of 1 % inches. 4 Plantinas shall be a maximum of 25 percent turf arass. The balance shall be aroundcover. low shrubs and/or flowers located in plantina areas appropriate to the desian. 5 Irriaation shall be provided for all plantina areas. Irriaation control boxes and appurtenances shall be located away from direct public view. 6. Landscape buffers per section 4.06.02 of the Code "Buffer Reauirements" shall onlv applv to the external boundaries of the mixed use develoDment. Landscape buffers shall not be reauired internal to the mixed use develoDment proiect. G. Parkina Lot Landscapina. 1:. UP to 30 percent of the landscape islands shall have a minimum width of 5 feet inside plantina area and may be planted with a palm tree eauivalent. 2. Minimum tree size shall be 1-% " caliper and a minimum of 10 feet in heiaht. .Q.. The perimeter of all parkina lots frontina on public riahts-of-wav shall be screened to a minimum heiaht of 24 inches usina walls. fences. landscapina or any combination thereof. 1. Parkina lot perimeter landscapina areas shall be a minimum of 8 feet in width. Shrubs shall be arranaed in a staaaered pattern with a minimum size of three aallons at the time of plantina to provide vear- round screenina. Trees shall be included in the perimeter landscape area at a minimum spacina of one tree/palm per 25 feet of linear frontaae. Street trees planted within the riaht-of-wav may be used to meet this reauirement. H. Buildina Foundation Plantinas. 1:. Buildina foundation plantinas shall be reauired per section 4.06.05 of the Code, except as follows. The buildina reaardless of its size, shall provide the eauivalent of 10 percent of its around level floor area. in buildinQ foundation plantina area. A continuous buildinQ foundation plantina width is not reauired per section 4.06.05 of the Code. However. the foundation plantinas shall be located within 21 feet of the buildinQ edae in the form of landscaped courtyards and seatina area landscapina. I. BuildinQ Architectural Standards. 1:. The Mixed Use Proiects shall include architectural features that provide visuallv interestina buildina desian at a scale appropriate for pedestrian and automobile. a. BuildinQ facades shall be desianed to reduce the mass and scale of the buildina, bv providina arcades. windows, entry features, and other desjan treatments in compliance with section 5.05.08 of the LDC except as follows: Page 48 of 96 Words struck through are deleted, words underlined are added b. Covered oathwavs and arcades shall be constructed with columns a minimum width of 12-inches. if masonry and 10 inches wide. if constructed of finished steel products. ~ For buildinas 3 stories or more. pedestrian scale at the street level shall be maintained bv incorporation of facade variations such as massinq, texture, color or material on the orimarv facades between the first and subsequent stories. s:L The followino architectural options are in addition to the list of required desiqn treatments identified in subsection 5.05.08 C.2. of the Code: 1. Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum lenqth of 60 percent of the facade. ii. A buildina recess or proiection of the first floor with minimum depth of 8 feet and total minimum lenoth of 60 percent of the facade lenoth. iii. Architectural elements such as balconies and bay windows with a minimum depth of 3 feet and that cover a minimum of 30 percent of the facade above the first floor. (Storm shutters. hurricane shutters. screen enclosures or any other comparable feature. if applied as part of the structure. must also comply with the required minimum depth). J. Sian Types & Definitions. 1 . Oefinitions a. Sandwich boards: A portable sian comprised of two sian panels hinoed tooether at the toP. b. Flaq Banners: Fabric panels hanqinq from or stretched between brackets proiectinq from liqht poles. 2. Permitted Sian Types. a. All sians shall be in compliance with section 5.06 of the Code. except as follows: .Q.. Awnina Sians: In addition to any other sian allowed by the Code. The front vertical drip of an awninq may be stenciled with letter or qraphics. A 10 percent clear area border is required on all 4 sides of the front vertical drip. c. Proiect Entrance Sians - Two around or wall sians shall be allowed at the main entrance to the develooment with a maximum heiqht of 6 feet subiect to the followinq requirements. 1. The sians shall contain only the name of the develooment. the insiqnia or motto of the develooment and shall not contain promotional or sales material lL. The sians shall be limited to 60 square feet of sian area each and shall not exceed the heiqht or lenoth of the wall upon which it is located. Page 49 of 96 Words struck throl:lgh are deleted, words underlined are added iii. The around or wall sian shall maintain a 10 foot setback from any property line unless placed on a wall subject to the restrictions set forth in the section 5.06 of the Code. d. Residential and Neiahborhood Amenitv Sians - One around sian shall be allowed for each residential tract. parcel or amenity with a maximum heiqht of 4 feet subject to the followinq reauirements. i. The sian shall contain onlv the name of the residential neiqhborhood and the insiania. ii. The around or wall sian shall be limited to 30 sauare feet of sian area and shall not exceed the heiqht of the lenqth of the wall upon which is located. iii. Ground or wall sian shall maintain a 10 foot setback from any property line unless placed on a wall subiect to the restrictions set forth in the Code. e. Sandwich boards are permitted on the above qround floor. one per establishment. not to exceed 6 sauare feet of sian area in size and shall onlv be displaved durinq business hours. (maximum 2 faces at 6 SQ. feet each). f. Flaq Banners: Vertical or horizontal panels of woven fabric for formed synthetic materiall attached to. and projectina from liaht poles within the project that act to identify. throuqh loqo. letterinq. or a combination thereof. the unified control of the project from developer throuQh and to project's Association. The maximum sian area shall be proportional to the heiqht of the pole: L. 16 feet pole - 15 sa ft. maximum (2 faces at 15 sauare feet each). lL. 20 foot pole - 20 sa ft. maximum (2 faces at 20 square feet each). and iii. 30 foot pole - 36 SQ ft. maximum (2 faces at 36 square feet each). q. Seasonal and/or Special Events Banners: Vertical or horizontal panels that may be attached to desiqnated fixtures located within the project at the time of site development plan submission. The number of desiqnated fixtures for such panels shall be proportionate in number to parcels at a ratio of one to six (1 to 6), and are restricted to application within the commercial locations or sections of the proiect. 3. Prohibited Sian Tvpes. a. Portable or mobile sians except sandwich boards. b. Off-site sians. c. Projectinq or Pole sians d. Fluorescent colors K. Parkinq Reauirements. Mixed-use developments have the opportunity to provide a variety of parkinq options to residents and patrons. Mixed-use proiects reduce vehicular trips. and the number of required parkina spaces bv utilizina pedestrian-oriented desiqn and reducina the distance between residential and commercial uses. 1. Definitions. a. On-street Parkinq - Parkinq spaces located adiacent to. and accessed directlv from the roadway. Page 50 of 96 Words struek through are deleted, words underlined are added b. Off-street Parkinq - Parkinq spaces located within parkino lots or parkinq structures and accessed off the roadway. c. Parkino lot - A oround-Ievel area utilized for parkino spaces accessible from the road and usuallv adiacent to the use it serves. d. Parkino structure - A multi-level parkino area utilized for parkinq spaces that serve establishments within walkinq distance of the structure. The structure may or may not be adiacent to the establishments it serves. 2. Desjqn Criteria and Dimensional Reouirements On-street Parkino. a. Desiqn criteria onlv applicable to streets internal to commercial mixed use proiect. not applicable to proiect portion frontinq on existinq collector or arterial roadway b. Parallel parkinq shall be a minimum of 9 feet wide bv 23 feet lonq. For every four on-street parkinq spaces provided a landscape island that is 8 feet wide and 15 feet lono and is surrounded bv Tvpe 0 concrete curbino. shall be provided in addition to the pedestrian clear zone landscape re~uirement. The corners adiacent to the travel lane shall be anqled at least 45 deorees away from perpendicular with the curb in order to provide ade~uate inoress and eqress from each parallel parkinq space. Each island shall be planted with hedoes. qroundcover and/or orasses less than 36 inches hiqh and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of plantinq. c. Anqled parkinq may be 45 deqrees or 60 deorees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet lono. For every four on-street parkinq spaces provided a landscape island that is 12 feet wide and 15 feet lono and is surrounded bv Tvpe 0 concrete curbino. shall be provided in addition to the pedestrian clear zone landscape re~uirement. The island shall be planted with hedqes. oroundcover, and/or qrasses less than 36 inches hioh and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of plantino 3. Desiqn Criteria and Oimensional Reouirements Off-street Parkinq. a. Location - Parkinq lots or parkinq structures shall be located to the rear of buildinos located on the main street. or the alonq the secondary/side streets. Off-street parkinq shall not occur in front of the primary facade. b. Lots shall be desiqned to keep all circulation between aisles internal to the lot. Drivewavs to parkinq areas shall be a minimum of 24 feet wide. c. 90 deoree parkinq spaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet bv 18 feet. d. 60 deqree anoled parkinq shall have a minimum drive aisle width of 20 feet. if one-way. and 24 feet. if two-way. Parkino stall size shall be a minimum of 9 feet x 18 feet. 4. Handicap Parkino. Handicap parkinq shall be located to facilitate the most direct and safest route to buildino entries and meet all applicable codes. 5. Parkino Structures. Page 51 of96 Words struck tHrough are deleted, words underlined are added a. Parkino structure facades shall be desioned to screen views of automobiles bv the oeneral public from adiacent streets and driveways. b. Parkina structures without around floor retail or residential uses alona the front facade shall have a minimum 10-foot wide. BuildinQ Foundation Landscapino pursuant to section 4.06.00. of the Code. Where the parkina structure is attached to the buildina or adiacent to preserve area. and the preserve area meets the otherwise reauired landscapina. no additional landscapina is reauired. i. All structures with uncovered parkino on the top level shall have rooftop planters around the perimeter that is a minimum of 5 feet wide located around a minimum of 80 percent of the perimeter of the parkina inteoral to the structure. or suitable architectural features to soften the buildinQ edae. ii. Parkina structure liohtino shall be a maximum of 20 feet in heiaht. Liahtino shall incorporate full shield cut- offs to contain lioht to the surface of the deck onlv. iii. Parkino structures are also allowed to be located below arade and below habitable space. These structures must be accessed from the rear of the buildina. c. General Reauirements and Shared Parkino Aareements I. Oesjon criteria onlv applicable to streets internal to commercial mixed use proiect. not applicable to proiect portion frontino on existina collector or arterial roadway ii. The total number of parkino spaces provided in a mixed-use proiect shall be determined bv the intended uses as reauired bv section 4.05.00 of the Code. Off- street Parkino and Loadina unless modified herein. iii. Commercial areas (with streets internal to the proiect) must utilize on-street parkina to meet at least a portion of the parkina reauirement. iv. One half of the on-street parkina spaces located within one block or 0.125 mile. whichever is less, may contribute toward an individual establishment's parkino reauirement. v. If a commercial area is developed in one phase with one site development plan application the on-street parkino may be utilized to meet parkina reauirements in a one-to-one ratio. vi. The overall parkina reauirement may be reduced at the time of site development plan approval bv consideration of a shared parkinq analvsis. The analvsis shall demonstrate the number of parkina spaces available to more than one use or function. recoonizina the reauired parkino will vary dependino on the multiple functions or uses in close proximity which are unlikelv to reauire the spaces at the same time. The shared parkina analvsis methodoloav will be determined and aareed upon bv County staff and the applicant durina the pre-application meetina. or durina onaoina discussion. durino the site development plan review process. Page 52 of 96 Words struck throl:lgh are deleted, words underlined are added vii. Establishments providina valet parkina services may not utilize parkina areas desianated for shared use for the storaae of vehicles parked bv this service, unless allowed bv a shared Darkina aareement. viii. Residential areas that are within a block or 0.125 mile of a commercial area but are not directlv accessible bv a vehicle due to aatina or lack of vehicular interconnection may not utilize on-street parkina in the commercial area to meet the residential parkina reauirement. ix. Residential areas may utilize on-street Darkina that is abuttina a residential unit to meet the parkina reauirement in a one to one ratio. If parkina spaces are used to meet a residential parkina reauirement they may not then be utilized to meet any of the commercial reauirement. L. Service Areas. 1. Loadina docks. solid waste facilities, recvclina facilities and other services elements shall be placed to the rear or side yard of the buildina in visuallv unobtrusive locations with minimum impacts on view. 2. Refuse containers and facilities shall be hidden bv an opaaue wall or fencina of sufficient heiaht to screen the bin and any appurtenances. but not less than 6 feet in heiaht. Chain link fencina. wood fencina and chain link aates are not allowed. Walls shall be constructed of a material compatible with the principal structure it is servina. Landscapina with vines or other plants is encouraaed. Enclosures shall include solid. latchina aates to avoid blowina refuse. 3. Service area recesses in the buildina and/or depressed access ramps should also be used where applicable. 4. Businesses are encouraaed to consolidate and share refuse areas and eauipment. * * * * * * * * * * * * * SUBSECTION 3. X. AMENDMENTS TO SECTION 4.03.05 Subdivision Design Requirements SECTION 4.03.05 Subdivision Design Requirements, of Ordinance 04-41. as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.05 Subdivision Design Requirements A. Blocks. The length, width and shape of blocks shall be determined with due regard to: 1. Zoning requirements as to lot size and dimensions. 2. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. 3. Limitations and opportunities of topography, including all natural and preserved features identified. 4. Where special topographical conditions exist, block lengths greater than 660 feet shall be approved by the County Manager or designee pursuant to procedures set forth in Chapter 10. Traffic calming devices, as approved in the Neighborhood Traffic Management Program, shall be provided in block lengths greater than 660 feet. B. House Pad Heiaht Reauirements. All Residential Sinale-Familv (RSF) homes constructed within recorded or unrecorded subdivisions that are not reauired to obtain a South Florida Water Manaaement District (SFWMO) Surface Page 53 of 96 Words struck tHroUgH are deleted, words underlined are added Water Manaaement (SWM) Permit or Environmental Resource Permit (ERP) and that do not also have (a) a central (backbone) stormwater runoff collection and (b) a treatment system (swales and lakes or retention areas) shall onlv build fill pads to a maximum elevation of 18 inches above the elevation of the crown of the paved street or 24 inches above the elevation of the crown of the unpaved street at the driveway entrance to the home. The side slopes of the fill pad can be no steeper than 1 vertical unit to 4 horizontal units. 1. Anv first floor beina built hiGher than what can be set on that house pad must sit on a stem wall. or piles, or columns with footinas. or any similar such desian that does not reauire a wider fill pad. 2. Exceptions to this section can be SOUGht based on a site stormwater retention desiGn done bv a Professional EnGineer. licensed in the State of Florida. showinG that the site has sufficient water aualitv retention and water auantitv attenuation on site to prevent the sheddinG of excess runoff onto neiGhborina properties and showina that flood plain compensation has been achieved. * * * * * * * * * * * * * SUBSECTION 3. Y. AMENDMENTS TO SECTION 4.04.02 Access Management SECTION 4.04.02 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.04.02 Access Management * * * * * * * * * * * * * B. Regulations. * * * * * * * * * * * * * 3. During development or rode'/elopment of commercial lots, sharod access ~md/or interconnection shall be encouraged. Durina the development or redevelopment of commercial or residential proiects and all rezone petitions shared access and interconnection shall be reauired. Should the shared access or interconnection reauire the removal of existinG parkina spaces, the applicable development will not be reauired to mitiaate for the parkinG spaces. The County Manaer or desianee shall reauire the shared access and interconnection unless in the professional iudGment of the County ManGer, or desiGnee. one of the followina criteria prohibits this reauirement. a. It is not phvsicallv or leGallv possible to provide the shared access or interconnection. b. The cost associated with the shared access or interconnection is unreasonable. For this application unreasonable will be considered when the cost exceeds the cost of a tvpical local road section or is above 10% of the value of the improvements beina made to the development. c. The location of environmentallv sensitive lands precludes it and mitiaation is not possible. d. The abuttina use is found to be incompatible with the existina or proposed use. * * * * * * * * * * * * * SUBSECTION 3 Z. AMENDMENTS TO SECTION 4.06.02 Buffer Requirements Page 54 of 96 Words stnlek through are deleted, words underlined are added 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 Requirement * * * * * * * * * * * * * C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot wide landscape buffer with trees spaced no more than 30 feet on center. When an Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When an Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge planting shall not be required. When a community facilitv is located within a residential PUD and abuts a residential unit. the normallv required combined Tvpe Band Tvpe A landscape buffers shall be reduced to a sinale Tvpe B buffer. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedae plantinas shall be located on the residential side of the fence or wall. * * * * * * * * * * * * * D. Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. * * * * * * * * * * * * * 6. Natural and m~mmado bodim:: of water inoluding rotontion oroas for all deyelopments subjoot to soction 6.06.08 and 3.06.10. o. Configurotion of water managemont areas. The shapo of a monmado body of wotor, inoluding rotontion and dotontion oraos, must bo dosigned to oppoar noturol with curvilinear edgee:. Soo "Body of Wotor Shopos" figuro bolow. I\n oltornotivo dee:ign may bo oppro'.'ed as 0 port of tho dosign of tho bLlilding, if tho doe:ign of tho '....ater manogomont oraa is relotod to the orohitooturol dosign of tho building. GRAPHIC LINK: CIiGk here b. Wotor manogemont oreos 'Nithin tho front yards. Narrow and e:toop wotor managomont oraae: aro prohibitod within tho front yards thot Iio botweon tho primory faGades of a bLlilsing and o public ond priv3to street. Thoso norrow ond stoop v.'ator Page 55 of 96 Words stntelc through are deleted, words underlined are added m:m:::lgomont aroas aro definod as 12 feet or loss in width \a,'ith maximum slope of 4 to 1. c. Required :::lmonitios. Tho fOllo'::ing standards :::lpply to dotontion :::lnd rotontion are:::lS oxoooding t'.vol'lo feot in width. /\11 bodios of \V:::ltor, inoluding retention :::lroas oxceeding 20,000 squaro feet, :::lnd which :::lro locatod adjacent to a public right of way, muct incorpor:::lte into ovorall dOGign of tho projoot :::It 10:::lst two of tho following itomG: i. 1\ walkway 5 feet '.vido and a minimum of 200 feet long, vvith trooG of :::In :::lvorago of 50 feot on oontor and '.'lith shaded benohos, a minimum of 6 foot in longth or picnic t:::lbles with one looatod ovory 150 foot. ii. FountainG. iii. P:::lrti:::llly sh:::ldod plaza/oou rtyard , a minimum of 200 squ:::lre feet in :::lrO:::l, with bonches :::lnd/or picnic tablos adjacent to tho wator body, or retontion moaG. * * * * * * * * * * * * * SUBSECTION 3. AA. 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 * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. * * * * * * * * * * * * * 4. Building foundation planting moas. 1\11 shepping center, rotail, office, :::lpartmonts, condominiums, olubhouses :::lnd similar UGOG must provido building foundation planting in the amount of ton poroont of propoGod building ground level floor area. Thoso planting :::lre:::lG must bo looatod adjacent to tho primary public building ontranoo(c) and/or prim:::lry street elevation. Pl:::lnting :::lro:::lS must oonsist of kmdscapo :::lro:::lS, r:::liGod pl:::lntors or plantar boxos that :::lro :::l minimum of fivo foot '.vido oxcopt :::lS roquirod by sootion 4.06.05 B.5. bolow. Thoso aroas must be l:::lndsc:::lped with treos :::lnd/or p:::llms in tho :::lmount of one troo or one p:::llm equiv:::llent per 250 sqU:::lro foot; and shrubs :::lnd ground covers othor th:::ln gr:::lss. Building f-ound:::ltion plantingc :::lre exompt from tho nativo roquiroments. W:::lter m:::ln:::lgomont :::lroas mUGt not bo :::l p:::lrt of this pl:::lnting :::lrea. Parking lot islandc will not count tow:::lrds thic roquiromont. 5. Building foundation planting roquiromontG for buildings 35 foot or moro in hoight; :::lnd/or Gootion 5.05.08 buildings with :::l footprint gre:::lter th3n 20,000 sqU:::lro foot and/or parking gar3ge structures. 3. Tho minimum ',\'idth of building foundation planting :::lro:::lG must bo moasurod from tho b3se of tho building and must rel:::lto to tho adjacent building 's '.vall hoight as horein dofinod as follows: T/\BLE INSET: Page 56 of 96 Words struck through are deleted, words underlined are added b. Sites locatod adjacont to a permanent v.'ater body such as a canol, Iako, bay or gulf may incorporate tho roquired landsc3pe buffer width into the building perimeter landsc3pe buffer 'Nidth. c. TroDs required by this section must bo of an installed Gizo rolating to tho adjacent building's '1.'311 height, 3S definod bolo'lI: T/\BLE INSET: e 1,. Raw water well landscaping requirements. Screening and buffering requirements are to be limited to the area surrounding the raw water well installation, including appurtenances such as security fencing, wall or well house. Canopy trees as described in S~ection 4.06.05 B.1., will not be required. V'/here equipmont Guch as gDner3tors 3nd 3ntenn3S 3re visible 3bovo tho surrounding foncos or walls, Proiections visible above the fence or wall shall be screened from view bv trioG of sabal palms with a minimum clear trunk height of 8-12 feet ffit:ffit Each palm shall be planted ~ 10 feet on center around the perimeter of the fence or wall. Surrounding fences or walls must have, at a minimum, ten (10) gallon shrubs, five (5) feet tall at the time of planting, placed four (4) feet on center along the exterior perimeter of the surrounding fence or wall. Stand alone well houses without perimeter fences or walls must have, at a minimum, two (2) rows of three (3) gallon shrubs, two (2) feet tall at the time of planting, placed three (3) feet on center and offset between rows. In all cases, mature vegetation must provide and eighty (80) percent sight-obscuring screen equal to seventy-five (75) percent of the height of the fend-Ag~ or wall, as applicable. * * * * * * * * * * * * * ....( Table 4.06.05.C. BuildinQ Foundation PlantinQ Reauirements BuildinQ footprint under 10.000 square feet (Lenqth) 25 percent of the combined total of all buildinQ facade lenoth x (Width) 10 feet wide = (Area) Total Plantina Area Required. Trees and palms shall be a minimum 10 feet hioh at plantino. Minimum width of plantino beds shall be 5 feet. Trees and palms shall be provided at a rate of 1 per 300 square feet of required foundation plantinq area. BuildinQ footprint over 10,000 square feet (Lenoth) 45 percent of the combined total of all buildina facade lenqth x (Width) 15 feet wide = (Area) Total Plantina Area Required. Trees and palms shall be a minimum 14 feet hioh at plantinq. Minimum width of plantina beds shall be 10 feet. Trees and palms shall be provided at a rate of 1 per 400 square feet of required foundation plantino area. All BuildinQs with zoned heiaht 50 feet or oreater (Lenqth) 55 percent of the combined total of all buildinQ facade lenoth x (Width) 20 feet wide = (Area) Total Plantinq Area Required. Trees and palms shall be a minimum 18 feet hioh at plantinq. Minimum width of plantina beds shall be 10 feet. Trees and palms shall be provided at a rate of 1 per 500 square feet of re uired foundation lantin area. C. BuildinQ foundation plantinos. All commercial buildinQs. residential buildinas with 3 or more units. and retail and office uses in industrial buildinQs shall provide buildinQ foundation plantinqs in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These plantino areas shall be located adiacent to buildinQ entrance(s), primary facades. and/or alono facades facinq a street. 1. Retail and office buildinas shall have foundation plantinqs on at least three buildinQ facades. Plantinqs shall occur alono at least 30 percent of each these facade lenaths. 2. Minimum plantinq area width for trees and palms shall be 8 feet. 3. Buildina foundation plantinqs shall be covered with shrub, oround cover, raised planter boxes. and ornamental orass plantinos. except as provided in item 10 below. 4. Sidewalks may occur between the buildinQ and foundation plantina areas. Sidewalks may also occur between foundation plantina areas and planted islands that meet criterion 7 below. 5 A maximum of 50 percent of the required foundation plantinq may be located in perimeter buffers. 6. Water manaoement areas shall not occur in foundation plantinq areas. 7. Parkina lot islands shall not be used to meet buildinQ foundation plantinq area requirements, except for islands contiQuous to foundation plantinq areas that exceed minimum width requirements. Page 58 of97 Words struek through are deleted, words underlined are added 8. Buildintls with overhead doors and/or open vehicular use areas alona buildintl perimeters that are visible from any road. access. or residence shall provide a Tvpe B landscape buffer or approved equivalent alona the entire perimeter opposite these features. The required foundation plantinQs for these buildintls shall be reduced bv 20 percent. 9. All proiects may use the followina alternatives to meet the requirements of table 4.06.05 C.: a. Turf Qrass may be used for UP to 30 percent of the buildina foundation plantina area when required tree heiahts are increased bv 2 feet. b. Decorative pavina areas incorporatinQ courtyards. walkwavs. water features. plazas. covered seatina and outdoor eatinQ spaces may be used to meet UP to 20 percent of the required buildintl foundation plantinQ area. c. Vine planted arbors. wall planters. and trellis structures may be used to meet UP to 15 percent of the required buildina foundation plantinQ area. Page 59 of 97 Words struck through are deleted, words underlined are added Illustration 4.06.05.C. Buildina Foundation Plantina Area ,- " ~'~"~ ~~::7~ ~.. ')." ~ ~~ Buildina Foundation Calculation Formulas Buildinas under 10.000 square feet. Total of all facades (A+B+C+D) x .25 x 10'= Total square feet of foundation plantinos required. Buildinas over 10,000 square feet and under 50 feet zoned heiaht. Total of all facades (A+B+C+D) x .45 x 15'= Total square feet of foundation plantinos required. Buildinas 50 feet or qreater zoned heiaht. Total of all facades (A+B+C+D) x .55 x 20'= Total square feet of foundation plantinqs required. rRenumber C-L to D-Ml * * * * * * * * * * * * * N. Water manaqement areas. 1. Natural and manmade bodies of water includino retention areas for all develoDments subiect to section 5.05.08 and 3.05.10. a. Confiouration of water manaoement areas. The shape of a man made body of water, includino retention and detention areas, must be desiqned to appear natural with curvilinear edoes. See "Body of Water Shapes" fiqure below. An alternative desion may be approved as a part of the desjon of the buildina, if the desion of the water manaoement area is related to the architectural desian of the buildina. GRAPHIC HERE: Page 60 of 97 Words struelc through are deleted, words underlined are added b. Water manaqement areas within the front yards. Narrow and steep water manaqement areas are prohibited within the front yards that lie between the primary facades of a buildina and a public and private street. These narrow and steep water manaqement areas are defined as 12 feet or less in width with maximum slope of 4 to 1. c. Required amenities. The followinq standards apply to detention and retention areas exceedinq twelve feet in width. All bodies of water, includinq retention areas exceedinq 20.000 square feet. and which are located adiacent to a public riaht-of-wav. must incorporate into overall desiqn of the proiect at least two of the followinq items: i. A walkway 5 feet wide and a minimum of 200 feet lonq. with trees of an averaqe of 50 feet on center and with shaded benches. a minimum of 6 feet in lenqth or picnic tables with one located every 150 feet. ii. Fountains. III. Partially shaded plaza/courtyard. a mInimum of 200 square feet in area. with benches and/or picnic tables abuttina the water-body. or retention areas. * * * * * * * * * * * * * SUBSECTION 3. BB. AMENDMENTS TO SECTION 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component SECTION 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component * * * * * * * * * * * * * B. Design Standards. 1. The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUO as follows. The maximum size shall be fifteen (15) contiguous acres. * * * * * * * * * * * * * 7. Signs. /\ unifiod sign plan sh::lll bo submitted and m::lde ::l p::lrt of tho ::lpprov::l1 for tho noighborhood village oenter sito de'lelopment plan. Tho ::lpprovod unifiod sign plan will ost::lblish signago spooifioations ::lnd 'I.'ill thoreforo bocomo the sign regul::ltions th::lt will ::lpply to the noighborhood village oenter . Tho unifiod sign pbn sh::lll ::ldhore to soction 5.06.00 of thic LDC, OXGOpt th::lt polo signs aro prohibitod. The neiqhborhood villaae center shall adhere to section 5.06.00 of this LDC. except that pole sians are prohibited. Signs shall be designed so that their size and location are pedestrian-oriented. * * * * * * * * * * * * * SUBSECTION 3. CC. AMENDMENTS TO SECTION 5.03.06 Dock Facilities SECTION 5.03.06 Dock Facilities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * 5.03.06 Dock Facilities Page 61 of97 Words struck through are deleted, words underlined are added A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks. 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses. 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water ling line (MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than sixty (60) days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least fifty (50) percent of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least thirty-three (33) percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. 2. hBoathouses and dock faoilities facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dook bcilities dock facilities. The following criteria apply to dock facilities facilities and boathouses, with the exception of dock bcilities facilities and boathouses on man made lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than twenty (20) feet into the waterway (Le. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than twenty-five (25) percent of the width of the waterway or protrude greater than twenty (20) feet into the waterway, Page 62 of 97 Words slntele tHrough are deleted, words underlined are added whichever is less. 3. On manmade canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to thirty- three (33) percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of sixty (60) feet or greater shall have a side setback requirement of fifteen (15) feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities.. fexcept boathousesh on lots with less than sixty (60) feet of water frontage shall have a side setback requirement of seven and one- half (7.5) feet. 7. All dock facilities.. fexcept boathousest,. on lots at the end or side end of a canal or waterway shall have a side setback requirement of seven and one- half (7.5) feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two (2) intersecting lots. 9. Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelings shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water.. fline of navigability or edge of navigable channelt, as appropriate, for irregular shorelings shorelines. 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than four (4) inches in height, installed at the outermost end on both sides. For multi-family developments, the house number requirement is waived. 11. Multi-slip docking facilities with ten (10) or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan, II which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. Information on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen (15) feet. 2. Maximum protrusion into waterway: Twenty-five (25) percent of canal width or twenty (20) feet, whichever is less. The roof alone may overhang no more than three (3) feet into the waterway beyond the maximum protrusion and/or Page 63 of 97 Words struele through are deleted, words underlined are added side setbacks. 3. Maximum height: Fifteen (15) feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site; One (1). 5. All boathouses and covered structures shall be completely open on all four (4) sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practicable. G. Standards for boat lift canoDies. 1. Boat lift canoDies shall be permitted over an existinq boat lift attached to a dock leqallv permitted. bv the requisite local. state and federal aqencies. if the followinq criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The lenqth of the boat lift canODV shall not exceed 35 feet. c. The heiqht of the boat lift canODV shall not exceed 12 feet. measured from the hiqhest point of the canopy to the heiqht of the dock walkwav. d. The sides of the canopy cover shall remain open on all sides. except that a drop curtain. not to exceed 18" shall be permitted on the sides. e. Boat lift canoDies shall meet the requirements of Awninqs and Canopies in the Florida Buildinq Code. f. Canopy cover material shall be limited to beiqe. or mid-ranqe shades of blue or qreen. q. No boatlift canoDies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontaoe on canals shall be permitted a maximum of 1 boatlift canODV per site. Lots with frontaae on bays shall be permitted a maximum of 2 boatlift canoDies per site. .3. If an applicant wishes to construct a boat lift canODV that does not meet the standards of subsection 5.03.06 G. above. then a petition for a boat lift canODV deviation may be made to the Planninq Commission which shall review a sufficient petition application and either approve or den v the request. G H. Dock facility extension. Addition protrusion of a dock facility into any waterway beyond the limits established in subsection 5.03.06(E) of this Code may be considered appropriate under certain circumstances. In order for the Planninq Commission to approve the boat dock extension request. it must be determined that at least four of the five primary criteria. and at least four of the six secondary criteria. have been met. These criteria are as follows: * * * * * * * * * * * * * M I. Procedures for approval of docks, dock facilities and boathouses. Page 64 of 97 Words struck tHrough are deleted, words underlined are added * * * * * * * * * * * * l J. Protection of sea grass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one (1) inch to 200 feet when available from the County, or a scale of one (1) inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by 8 Eito 'JiEit by the County manager or designee prior to issuance of any project approval or permit. * * * * * * * * * .* * * * SUBSECTION 3. DO. AMENDMENTS TO SECTION 5.05.08 Architectural and Site Design Standards SECTION 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building design standards. * * * * * * * * * * * * * 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b. Extorior building oolorE. Tho UEO of Eolid bl8Ck, gr8Y, florosoont, prim8ry or second8ry colored m8teri81s or finish paint is limitod to no moro than ton poroont of a faoado or the tot81 roof 8ro8, oxcopt that naturally occurring matorials aro pormissible, such as marblo, granito, 8nd slate and tho following m8n made m8torbls: silvor unp8intod mot81 roofs. Exterior buildino colors. i. The use of color materials or finish paint above level 8 saturation (chroma) or below liahtness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a facade or the total roof area, ii. The use of naturallv occurrina materials are permissible, such as marble, aranite, and slate and the followino man-made materials: silver unpainted metal roofs. iii. The use of florescent colors is prohibited c. Exterior building materials (excludina roofs). The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or metal panels, and ii. Smooth concrete block. Page 65 of 97 Words struck through are deleted, words underlined are added d. Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. * * * * * * * * * * * * * SUBSECTION 3. EE. AMENDMENTS TO SECTION 5.06.02 Permitted Signs SECTION 5.06.02 Permitted Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.02 Permitted Signs A. Signs within residential zoned districts and as applicable to designated residential portions of PUD zoned properties. 1. Development standards. a. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUO zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as determined by the county for safety and operation. c. If the applicant is not the property owner. then a COpy of a notarized authorization letter between the property owner or property manaQer and the applicant is required. specificallv authorizinq approval of the erection of a sian on the subiect parcel. B. Signs within non-residential districts: 1. Design oritoria ::md I:Jnffiod sign pJan. Where multiplo on premiso signs 3re proposod for 3 single cito or projoct, or in the caGO of a shopping Gonter or multi uso building , 3 unifiod sign plan Ghall bo omployod. An applic:Jtion f-or Gito development or site improvomont plan :Jpprov:J1 sh:J1I bo 3ccompaniod by 3 gr3phic 3nd narr3tivo represont3tion of the unifiod sign plan to bo utilized on tho sito. Tho unifiod sign pbn must bo 3ppliod for by tho proporty ownor, or his or her authorized agent. Tho unifiod sign pbn m3Y be amondod 3nd resubmittod for 3pprm/31 to refloct style ch3ngos or changing ton3nt noods. Dosign olomonts .....hich sh311 bo addrossod in both gr3phic and narrativo form includo: 3. Colore:; b. Construction m3teri31s and mothod; c. Architoctur31 dosign; d. IIIumin3tion mothod; o. Copy style; f. Sign type(s) and location(s); 3nd, conform:Jnce with the foIlO'.\'ing: i. Tho sign Sh311 not bo in tho sh:Jpo of a logo 3nd the logo sh311 not protrudo from tho sign. ii. Tho uso of fluorescent colore: is prohibitod. 1. If the applicant is not the owner of the property. then a COpy of a notarized authorization letter between the property owner or property Page 66 of 97 Words struck through are deleted, words underlined are added manaaer and the applicant is reauired. specifically authorizina approval of the erection of a sian on the subiect Darcel. * * * * * * * * * * * * * SUBSECTION 3. FF. AMENDMENTS TO SECTION 5.06.03 Development Standards For Signs SECTION 5.06.03 Development Standards For Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.03 Development Standards for Signs A. Development standards. 1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code for Commercial ~md residontial signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight (8) inches. Where address numbers are determined to be in conflict with the addressina arid the County Manaaer or his desianee may determine that this provision does not ~ * * * * * * * * * * * * * SUBSECTION 3. GG. AMENDMENTS TO SECTION 5.06.04 Sign Standards For Specific Situations SECTION 5.06.04 Sign standards For Specific Situations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * * * c. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non- residentially zoned districts subject to the restrictions below: * * * * * * * * * * * * * 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1 ,OOO-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUO zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other Page 67 of 97 Words struck thrOl:lgh are deleted, words underlined are added * roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. i. The around or pole sian shall not be in the shape of a loao and the 1000 shall not protrude from the sian. * * * * * * * * * * * * 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of- way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or the buildingi aM .:. i. The County Manaoer or desianee may administrativelv vary the dimension reauirements of clear area. in cases where architectural desion of facades restricts clear area. c. All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor Page 68 of 97 Words struok thr01:JgR are deleted, words underlined are added tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. AU signs f:>hall adhore to the dimonf:>ionf:> providod for in tho unifiod f:>ign pl3n. d. No wall or mansard sian shall proiect more than 18 inches from the buildina or roofline to which it is attached. e. Multi-story buildinas with three or more stories are limited to 1 wall sian per street frontaae not to exceed a maximum of 2 wall sians per buildina. but such sians shall not be placed on the same wall. i. Wall sians may be located in the uppermost portion of the buildina not to exceed the main roof or parapet. A notarized authorization letter is required at the time of buildina permit submittal from the property owner or property manaQement company qivinq authorization as to which tenant sian will be allowed. ii. First floor commercial units shall be limited to one wall sian not to exceed 20 percent of the total square footaQe of the visual facade of the unit to which the sian will be attached and shall not in any case exceed 64 square feet. iii. No wall sian shall exceed 80 percent of the width of the unit(s) occupied by a business with a minimum of 10 percent clear area on each outer edqe of the unit(s) . * * * * * * * * * * * * * 5. Menu boards: One menu board with a maximum height of 6 ft. measured from drive thru qrade adiacent to menu board and 64 square feet of copy area per drive thru lane. * * * * * * * * * * * * * 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed per LDC. in thif:> sootion 5.06.03 of tho Codo. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. * * * * * * * * * * * * * 11. Conservation Collier signs. In addition to other signs allowed by this Code, lands acquired for the Conservation Collier lands program shall be allowed to have one ground sign having a maximum height of eight feet and a maximum sign area of 32 square feet to identify the main preserve entrance. This sign shall require a permit and shall be allowed if there is no principal structure on the property. * * * * * * * * * * -:t-2 ~. Special purpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: Page 69 of 97 Words strucI, through are deleled, words underlined are added a. Time and temperature signs. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non- residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. b. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: i. The barber pole sign is attached to the exterior wall of an establishment providing the services of a licensed barber; ii. Each such establishment (barbershop, salon, etc.) is limited to only one barber pole sign; iii. No barber pole sign may move or rotate except when the establishment is open and providing the services of a licensed barber; and iv. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with section 5.06.06 C.16. for illuminated signs. 4.J 14. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area. Directional signs are also subject to restrictions of section 5.06.05 of this Code. 44 15. On-premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: a. One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. i. On premise signs within agricultural zoned districts in the urban area shall comply with the requirements of section 5.06.04 A. of the Land development Code. b. Seasonal farm signs (on-site). One temporary ground sign, with a maximum height of ten feet, and located a minimum of ten feet from any property line, public or private right-of-way or easement, identifying the farm, farm organization, entrance, or gate not exceeding 32 square feet in area. This sign shall Page 70 of 97 Words struel( thro1:lgh are deleted, words underlined are added be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. c. U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet in area and a maximum height of ten feet, and shall be located a minimum of ten feet from any property line, public or private right-of-way or easement. d. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri- commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: i. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. -1-e 16. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: a. Off-premises directional signs shall only be permitted in nonresidentially zoned, or agricultural districts. b. No more than two one-sided or one double-sided off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided: i. Each sign is not more than 12 square feet in area. ii. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. iii. The sign is located no closer than ten feet to any property line. iv. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. v. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. c. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. d. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. ~ 17. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or Page 71 of97 Words slrucIe tHrough are deleted, words underlined are added phosphorescent; have a steady nonfluctuating or non undulating light source. 18. Sionaoe for Public Use Facilities: These requirements applv to siems for public use facilities. as identified below. where siems are informational and contain no commercial advertisements. Sionaoe for these facilities is exempt from the requirements provided in section 5.06.02 A.7 (Conditional uses within residential and aoricultural districts). In addition. the number of siems. location and distance restrictions per section 5.06.04.C shall not applv to public use facilitv siQnaoe. Applications for such sian permits must be applied for accordino to the requirements of section 10.02.06.B.2 (Buildina permit applications for sians). Public facilities consist of: a. Government buildinQs and or uses, such as public parks & libraries, law enforcement. fire departments. and emeroencv medical services. b. Accredited public or private schools K-12. c. Hosoitals: As defined in the LDC. * * * * * * * * * * * * * SUBSECTION 3. HH. AMENDMENTS TO SECTION 5.06.06 Prohibited Signs SECTION 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: * * * * * * * * * * * * * LL. The use of fluorescent colors is prohibited. * * * * * * * * * * * * * SUBSECTION 3. II. AMENDMENTS TO SECTION 6.02.02 Management and Monitoring Program SECTION 6.02.02 Management and Monitoring Program, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.02 Management and Monitoring Program A. Generally. In order to implement the mandate of the GMP to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park, and road public facilities are available to accommodate development in the County concurrent with the impacts of development on such public facilities, the BCC establishes, pursuant to the terms of this section: (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility, and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this section. 1. If the County ManaQer or desionee determines that a site develooment olan or plat application when reviewed cumulativelv with proiects submitted within the last six months from the same master project or develooment does not meet the transportation concurrency Page 72 of 97 Words struck tHroUgH are deleted, words underlined are added requirements or is contrary to the purpose and intent of this section. as stated above. he may withhold approval of said development order application until adequate capacity is available or require the application submittals to be reviewed cumulatively and subsequent impacts to be distributed and accounted for within the same impact boundary of the master proiect or development. * * * * * * * * * * * * * SUBSECTION 3. JJ. AMENDMENTS TO SECTION 6.06.02 Sidewalks and Bike Lane Requirements SECTION 6.06.02 Sidewalks and Bike Lane Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.02 Sidewalks,l, aml-Bike Lane and Pathway Requirements A. Unless otherwise exempted by the regulations of this LDC, a 811 developments must construct sidewalks.!. aA€i-bike lanes, and pathways. ,-,,,here applicable, prior to completion of construotion authorized by a final subdivision plat, site improvement, or site development plan, or any substantial amendment thereto, and as described below: 1. Sidewalks and bike lanes where required, must be constructed within public and private rights-of-way or easements, which are adjacent to and internal to the site prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat. site improvement. or site development plan. unless otherwise determined bY the County Manaqer or desiqnee, as follows: Typical Cross Sidewalks _ Both sides 1 23-4 Bike Lanes - Both sides,;t- Section 6 feet wide 5 feet wide Arterials and X X collectors Local/Internal X Accessway '- except that only required on one side (closest to the development) where right-of-way is adjacent to, but not within, the subject development and except as set forth below in this section. 2_ unless otherwise determined by the County Manager, or designee, that the existing ROW cross-section is physically constrained or construction would result in unsafe conditions. 3_ unless otherwise identified on the Collier County Comprehensive Pathwavs Plan Update, as amended. as a potential off-street oathwav corridor. except that for resiEfential Ele\'elapmeRt J3rojeGts where 75% or more of that f3rojoct's land area hoe been approved as of [the effectivo date of this ordinance] for site Ele\'elepmeRt plaRs or fiRal 6YBElivisiaR plats with siElewalks or Bike laRes thot are only required on one siEJo of tho ROW, then all applications for subsequent site ElevelapmeRt plaRs or fiRal sYBdMsion plat may be approved with sidewalks or bike laRes on only one side of the ROtA!. 4 for develapmeRt projects soel<ing approval of a flRal sYbElivlsiaR plat or site develoJ3meAt plan of 25 or fewer dwelling unite where those unite front on a ROW that torminates in 0 cui de sac, then sidewalks or Bike laRes will only be roquired on one side of the ROWand not around tho circumference of the cui de sac. 2. Sidewalks and bike lanes must be constructed within public and private riahts-of-wav or easements, which are internal to the site, as follows: Tvpical Cross Sidewalks - Bike Lanes - Section Both sides123456 Both sides 1 2 34 6 6 Feet wide 5 feet wide Arterials and ~ ~ collectors Local/I nternal ~ Accesswav Page 73 of 97 Words struck tArough are deleted, words underlined are added 1_ exceot that onlv reauired on one side (closest to the development) where riaht.of.wav is adiacent to. but not within. the subiect development and exceot as set forth below in this section, 2_ unless otherwise determined bv the County Manaaer. or desianee. that the existina ROW cross-section is ohvsicallv constrained or construction would result in unsafe conditions, 3_ exceot that for residential development oroiects where 75% or more of that oroiect's land area has been aooroved as of March 8. 2005 for site development plans or final subdivision plats with sidewalks or bike lanes that are onlv reauired on one side of the ROW. then all aoolications for subseauent site development plans or final subdivision plat may be aooroved with sidewalks or bike lanes on onlv one side of the ROW. 4_ for development oroiects seekina aooroval of a final subdivision plat or site develooment olan of 4 or fewer dwellina units oer aross acre and where 15 or fewer dwellina units front on a a ROW that terminates in a cul-de-sac. then sidewalks will onlv be reauired on one side of the ROWand not around the circumference of the cul.de.sac. 5 _ orior to the issuance of individual certificates of occuoancv. the reauired sidewalks alona the individual oarcels frontaae shall be constructed. 6 _ orior to the issuance of 75% of the certificates of occuoancv authorized bv a final subdivision Dial. site imorovement or site develooment olan. all sidewalks and bike lanes shall be constructed, unless otherwise determined bv the County Manaaer or desianee. 3. Required pathways, as identified in the Collier County Comprehensive Pathways Plan. must be constructed a minimum of 12 feet in width, within public and private riahts-of-way or easements, which are adiacent to or internal to the site. Prior to issuance of the first permanent certificate of occupancy for construction, authorized by a final subdivision plat. site improvement. or site development plan. all required pathways shall be provided, unless otherwise determined by the County Manaqer or desiqnee. ~ 1. For sinqle-familv and multi-family site development and site improvement projects within all conventional zoning districts and all sinqle-familv and multi-family residential components of PUD districts: a. Sidewalks, five feet in width, must be provided within a dedicated public or private right-of-way or other internal access. Where there is no public or private right-of-way or internal access way proposed within a development, sidewalks must be constructed in accordance with Code standards contained herein to connect from each on-site residential building to a sidewalk within an adjacent private or public right-of-way or, if no sidewalk exists therein, must connect to the edge of the adjacent paved road within the right-of-way. b. Alternative sidewalk designs that are determined by the County Manager, or designee, to be at least equivalent in function and area to that which would otherwise be required and would serve each dwelling unit, may be approved. Should a two-directional shared use Dathwav side'J:alk be proposed as an alternative design, then the minimum paved width of the Dathwav sidev:alk_must not be less than ten feet. J~. All sidewalks and bike lanes must also be constructed in accordance with design specifications identified in sub-section e E., below. 4.Q. All bicycle lanes must also have signage and be marked in accordance with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. B. All developments required to provide interconnections to existing and future developments must dedicate sufficient right-of-way or easement for all required roads, sidewalks, and bike lanes. Bike lanes and sidewalks interconnections must be constructed concurrently with the required road interconnection. C. Payment-in-Iieu of construction or construction at an alternate site, as set forth below, may be authorized or required as part of any corresponding development order or permit, at the discretion of the County manager or designee, for any or all of the following circumstances: 1. where planned right-of-way improvements are scheduled in the County's capital improvements program (CIP), any governmental entity's adopted five year work program, or any developer's written commitment approved by the County, Page 74 of97 Words struck through are deleted, words underlined are added 2. the cost of proposed sidewalks or bike lanes would be greater than twenty-five (25%) per cent of the development's cost of improvements as determined by the project engineer's estimate approved by the County Manager, or designee, or 3. an existing development has not been constructed with sidewalks or bike lanes and no future connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five year work program. D. In lieu of construction of required sidewalks,!. aAG bike lanes and pathways, all developments approved or required to make payments-in-lieu must either: 1.:. Provide funds for the cost of sidewalks,!. aAG bike lanes and pathways construction prior to the release of the correspondinq development review for final subdivision plat. site improvement. or site development plan. except as stipulated within an approved zoninQ ordinance or resolution as set forth in the Schedule of Oevelopment of Review and Building Permit Fees adopted in the Collier County Administrative Code into a Pathway fund or identified CIP project; ..Q[ 2. Identify and commit to constructinq a project with an equivalent lenQth of sidewalk in an area identified in the Needs Plan of the Comprehensive Pathway Plan and approved by the County ManaQer or desiQnee. The selected proiect must connect to an existinq sidewalk on at least one side and if the remaininq side does not connect with an existinq sidewalk. it must be connected to the edqe of the existinq pavement. The construction of the sidewalk must be completed prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat. site improvement. or site development plan, unless otherwise determined by the County Manaqer or desiqnee. E. If payment-in-lieu is the recommendation by the County Manaqer or desiqnee. g2uch funds will be used by the County for future construction of required sidewalks,!. aAG bike lanes and pathways, and system improvements to the bicycle and pedestrian network at locations as close in proximity to the subject site as is feasible. Funds provided as payments-in-lieu do not release the developer from meeting these requirements if the payment-in-lieu amount is less than what would otherwise be required to completely construct all of the required sidewalks,!. aAG bike lanes and pathways. In that event, the development will continue to be obligated to payor construct the outstanding requirements until fully paid or constructed, except that partial payments previously made will fully vest that portion paid. Any future payments-in-lieu will be applied to the developer's continuing obligation to construct sidewalks,!. aAG bike lanes and pathways under the current LDC specifications. .Q.,. F. Sidewalk,!. ami Bike Lane. and Pathway Design & Construction/Materials. 1.:. All sidewalks shall be desiQned and constructed in accordance with the latest edition of FOOT's Desiqn Standards. All sidewalks shall be constructed of Portland cement concrete, or paver brick in conformance with the standard right-of-way cross sections contained in appendix B in locations illustrated on an approved site development plan. Concrete sidewalks for roads with a functional classification as an arterial or collector shall be a minimum of four-inches- thick, with a 28-day compressive strength of 3,000 psi and be constructed over a compacted four-inch limerock base, or a minimum of six inches thick of concrete which may be constructed without a limerock base but must be constructed over a compacted subgrade; roads with a functional classification as local or with no functional classification (Le., drive or accessways) may be constructed of a minimum of four inches of such concrete over a compacted subgrade. Expansion joints shall be one-half-inch preformed bituminous conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal Page 75 of97 Words struck through are deleted, words underlined are added spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FOOT Standard Specifications for Road and Bridge Construction, sootion 522. Paver brick, sidewalks, or paver brick accents in sidewalks must be installed over a four inch thick, compacted Iimerock base, except as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook") requirements. 1. All pathways shall be desiqned in accordance with the most current FOOT Bicvcle Facilities Planninq and Desiqn Handbook as it pertains to shared use pathways. Below are the preferred standards for pathway construction: however. if the applicant can demonstrate that a lesser cross-section will meet the requirements of the Countv. then upon the approval of the County Manaqer, or desiqnee. it may be permitted. Pathways may be constructed of the followinq types of materials: a. Concrete - All pathways constructed of Portland cement concrete. shall be a minimum of six inches thick of concrete which may be constructed without a limerock base but must be constructed over a compacted subqrade. Expansion ioints shall be one-half inch preformed bituminous conforminq to the latest edition of ASTM. Contraction ioints shall be saw-cut ioints with lonqitudinal spacinq equal to the width of the pathway. The saw cut depth shall equal or exceed one-forth the concrete thickness. All workmanship materials, methods of placement. curinq. forms. foundation, finishinq, etc. shall be in conformance to the latest edition of FOOT Standard Specifications for Road and Bridqe Construction. ~ Asphalt - All pathways constructed of asphalt shall contain a minimum of 12 inches stabilized subqrade (LBR 40), 6 inches compacted lime rock base. & 1.5 inches Tvpe S-III asphaltic concrete, unless an alternate cross-section is otherwise determined to be acceptable bv the County Manaqer. or desianee. * * * * * * * * * * * * * SUBSECTION 3. KK. AMENDMENTS TO SECTION 8.06.03 Powers and Duties SECTION 8.06.03 Powers and Duties, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.03 Powers and Duties * * * * * * * * * * * * * N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An applicant aggriovod by aotion of tho E^C may appoal to tho BZ/\. Said appoal shall bo in acoordanoo with tho procodure and standard€: of sootion 10.02.02 for appoal of writton intorprotations. O. Scope of land development proiect reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional Page 76 of97 Words simek through are deleted, words underlined are added impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowina treated stormwater to be discharaed in Preserves as allowed in section 3.05.07 . * * * * * * * * * * * * * SUBSECTION 3. LL. AMENDMENTS TO SECTION 8.06.04 Membership SECTION 8.06.04 Membership, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.04 Membership A. Appointment. Nine (9) reaular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Alternate members will be reauested to attend meetinas when reaular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacina a reaular member. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment shall be for a term of faHf....( 4 t years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in anyone year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of &i*-f 6 t technical reaular members and throe ( 3 t non-technical reaular members, and 2 technical alternate members . Technical members shall demonstrate evidence of expertise in one(1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the sub- disciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste , hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste , stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. * * * * * * * * * * * * * SUBSECTION 3. MM. ADDITION OF SECTION 8.06.10 Appeal Page 77 of 97 Words struck tArough are deleted, words underlined are added SECTION 8.06.10 Appeal, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.10 Aooeal. A. Anv person aoqrieved bv the decision of the county manaaer or his desianee reoardina any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written reauest for appeal. not later than ten days after said decision. with the EAC. The EAC will notify the aaarieved person and the county manaaer or his desionee of the date. time and place that such appeal shall be heard: such notification will be aiven 21 days prior to the hearina unless all parties waive this reauirement. The appeal will be heard bv the EAC within 60 days of the submission of the appeal. No less then ten days prior to the hearina the aoorieved person and staff shall submit to the EAC and to the county manaoer or his desiqnee copies of the data and information they intend to use in the appeal, and will also simultaneouslv exchanae such data and information with each other. Upon conclusion of the hearina the EAC will submit to the board of county commissioners its facts. findinas and recommendations. The board of county commissioners. in reaular session. will make the final decision to affirm. overrule or modify the decision of the county manaaer or his desionee in liaht of the recommendations of the EAC. * * * * * * * * * * * * * SUBSECTION 3. NN. AMENDMENTS TO SECTION 8.08.00 Code Enforcement Board SECTION 8.08.00 Code Enforcement Board, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * 8.08.00 Code Enforcement Board * * * * * * * * * * * * * G. Civil penalties and remedies. * * * * * * * * * * * * * 4. Stop work order. For any violation of the provIsions of this Code which constitutes a threat to life or to public or private property, the county manager or desionee shall have the authority to issue a stop work order in the form of a written official notice given to the owner of the subject property or to his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the county manaaer or desianee 3dminit:;tr3tor that any action or work is occurring contrary to the provisions of this Code, and it constitutes a threat to life or to public or private property. When any condition(s) of the violation presents a serious threat to the health. safetvand welfare of the public or constitutes irreparable or irreplaceable harm. such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county manaaer or desianee 3dminit:;trator shall be sufficient. a. If the owner of the subiect property. his aaent. or the person doino the work where such a violation has been committed or exists. fails to complv with the stop work order posted on the property. the county manaoer or desionee may issue a citation, which may result in the imposition of a fine UP to and includina $500. or may initiate further administrative or iudicial enforcement proceedinos. In addition, the county manaaer or desionee may impose administrative costs on the responsible owner. aaent. or person. Nothino set forth herein is intended to limit any existino leaal rioht or recourse that the alleoed violator may have to contest the stop work order. * * * * * * * * * * * * * Page 78 of 97 Words struck tAro ugh are deleted, words underlined are added SUBSECTION 3. 00. AMENDMENTS TO SECTION 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment SECTION 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment Minor after-the-fact yard encroachments for structures, includina principal and accessory structures. may be approved administratively by the County Manager or designee.:. Exceptions to required yards as provided for within section 4.02.01.0 shall not be used in the calculations of existina yard encroachments. For the purposes of this subseotion, minor yard encroachments shall be divided into three (3) c1assifioations: I.... StruGtures for Y:hich a building permit has been issued and is under reviow, but for whioh a cortificato of occupanoy has not boen grantod. The County Managor or dosigneo may administratively approve minor after the fact yard encroaohments of up to fivo (5) peroont of the requirod yard ,not to oxoood a maximum of six (6) inchos. For single family , mobile/modular homes , duplex ,and two family dwelling units only, in tho presenco of mitigating ciroumstanoos, whore the enoroachment does not result from orror or action on the part of tho applioant , the County Manager or dosignoo may administratively approve enoro:lOhments of up to twenty five (25) percont of tho required yard. B. Structures for whioh a building pormit and certificate of oooupanoy or a final de'Jelopmc:mt order has been granted. The County Manager or designee may administratively approve minor aftor the fact yard encroachmonts of up to ten (10) percont of tho roquirod yard which requiremont was in offoot as of tho date on which the cortificato of oooupanoy or final de....elopment order was issuod, not to excoed a maximum of t'NO (2) feet. For single family, mobile/modular home, duplex , and h\'o family dwelling units only, tho County Managor or dosigneo may administrativoly approve minor aftor the faot yard encroaohmonts of up to twenty fivo (25) porcent of tho requirod yard which requirement was in effeot as of tho date on which the certifioato of oocupanoy or final deyelopment order 'Nas issuod. C. Single family, duplex and two family dwelling units only for which no building permit record oan bo produood. Providod that all of tho following criteria aro mot, the County Manager or dosignoo may administrati'/oly approvo minor after the bot enoroaohments of up to twenty fivo (25) porcent of tho required yard , providod that: 1. The enoroaching struoture, or portion of the structure, 'Nas oonstruotod prior to tho purchase of tho subjoct property by tho ourront own or. 2. Evidonce is presented shO'.\'ing the onoroaching struGture, or portion of tho structure, was constructed at lease t'NO (2) years prior to tho dato of application for the administrative variance. This ovidonoe may bo in tho form of a survey, property card, or dated aorial photograph clearly showing the encroaohment. 3. The enoroaching structure is either an addition of living area to a principal structure, or an aooessory structure of at loast 200 square feet in aroa. 2. The enoroachmont presents ne safety hazard and has no adverso affoot on the public \\'olfure. 3. I\n after the fact building pormit for the structure, or portion of the struGture, is issued prior to the application f.or the administrativo ':arianoe. The administrati':o varianoe will only bo approvod once all inspeotions have beon completod, and tho cortificato of ocoupancy will bo issued onoe tho administrative variance has boon approved. Page 79 of 97 Words struck throHgh are deleled, words underlined are added D. Undor no circumst~:mcos shall any administrativo varianco bo approvod which 'Nould allo'^, a reduction of tho soparation bot'...,oen structures to loss than ton (10) foot. Administrati'JG varianooG approvod pursuant to tho abovo do not run with tho land in porpotuity and romain subjoct to tho proviGiom: of thiG Gootion regarding non oonforming Gtruoturoc. A. For both residential and non-residential structures the County Manaqer or desiqnee may administrativelv approve minor after-the-fact yard encroachments of UP to five (5) percent of the reauired yard, not to exceed a maximum of six (6) inches when: 1. A buildina permit has been issued and is under review, but for which a certificate of occupancy has not been qranted. 2. A buildino permit and certificate of occupancy or a final develooment order has been aranted. B. For both residential and non-residential structures. the County Manaqer or desjqnee may administrativelv approve minor after-the-fact yard encroachments of UP to ten (10) percent of the reauired yard with a maximum of two (2) feet. 1. A buildino permit and certificate of occupancy or a final develooment order has been aranted. 2. The encroachment applies to the yard reauirement which was in effect as of the date on which the certificate or occupancy or final develooment order was issued. C. For property supportina a sinale-familv home, two-familv home. duplex. mobile home or modular home. the County Manaaer or desianee may administrative approve encroachments of UP to twenty-five (25) percent of the reauired yard in effect as of the date of the final develooment order. 1. In the presence of mitiaatinq circumstances, where the encroachment does not result from error or action on the part of the property owner. 2. Structures for which a final develooment order has been issued. 3. When no buildinQ permit record can be produced the followinq criteria must be met: a. An after-the-fact buildino permit for the structure. or portion of the structure, is issued prior to the application for the administrative variance. The administrative variance will onlv be approved once all inspections have been completed, and the certificate of occupancy will be issued on Iv in cases where an administrative variance has been approved. b. The encroachina structure, or portion of the structure. was constructed prior to the purchase of the subiect property bv the current owner. c. Evidence is presented showina that the encroachinq structure. or portion of the structure. was constructed at least two (2) years prior to the date of application for the administrative variance. This evidence may be in the form of a survey. property card. or dated aerial photoaraph c1earlv showina the encroachment. d. The encroachinq structure is either an addition of livinq area to a orincioal structure, or an accessory structure of at least 200 sauare feet in area. Page 80 of 97 Words stmek throl:lgh are deleted, words underlined are added e. The encroachment presents no safety hazard and has no adverse affect on the public welfare. 4. Where a structure was lawfully permitted within a residential zonino district under a previous code. and where said structure is considered nonconforminQ under the current Land Development Code, due to chanoes in the required yards. the County Manaoer or desionee may administratively approve a variance for an amount equal to or less than the existino yard encroachment. D. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet. E. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subiect to the provisions of this section reoardino nonconforminQ structures. * * * * * * * * * * * * SUBSECTION 3. PP. AMENDMENTS TO SECTION 10.02.02 Submittal Requirements for all Applications SECTION 10.02.02 Submittal Requirements for all Applications, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for all Applications A. Environmental impact statements * * * * * * * * * * * * * 2. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or Qualifyino for an exemption pursuant to section 10.02.02 A.7., as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: a. Any site with a ST or ACSC-ST overlay. b. All sites seaward of the coastal management boundary that are 2.5 or more acres. c. All sites landward of the coastal management boundary that are ten or more acres. d. Sites where a prior EIS was prepared and approved for the same area of land and where the following exist: i. Greater impacts to preserve areas or chongos in location to prosorvo oroos are proposed; ii Greater impacts to jurisdictional wetlands or listed species habitats are proposed; iii. New listed species have been identified on site; IV. A pro'lious prior EIS is more than 5 years old : or v. Preserve areas were not previously approved. e. Any other development or site alteration which in the opinion of the County Manager or his designee, would have substantial impact upon environmental quality and which is not Page 81 of97 Words struck tHrough are deleted, words underlined are added * * * specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the County Manager or his designee shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. f. When required by section 3.04.01 of this Code, plant and animal species surveys shall be conducted regardless of whether an EIS or resubmitted EIS is required by this section. * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * h. Other. I. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the marina Siting and other criteria in the Manatee Protection Plan. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. iii. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Oepartment and the Florida Department of Environmental Protection. v. Provide documentation from the Florida Master Site File, Florida Oepartment of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. vi. Provide an analvsis demonstratinQ that the Droiect will remain fullv functional for its intended use after a six- inch rise in sea level as required bv the Growth ManaQement Plan. * * * * * * * * * * * * 7. Exemptions. Page 82 of 97 Words stmek throl:lgh are deleted, words underlined are added a. The EIS exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 4.02.14 H (exceptions) or 4.02.14.1. (exemptions). of this Code. b. Single-family or duplex uses. ^Iso, singlo family or duplex uso on a single lot or parcel. c. Agricultural uses. Agricultural uses Aqricultural uses. Aqricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. d. Non-sensitive areas. Any area or parcel of land which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity , subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: I. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. iii. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. iv. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. e. All lands lying within all incorporated municipalities in Collier County. f. All NBMO Receiving Lands. g. Single-family lots in accordance with section 3.04.01 C.1. h. A conventional rezone with no site plan or proposed development plan. This exemption does not apply to lands that include any of the followina zonina. overlays or critical Page 83 of 97 Words stnlelc through are deleted, words underlined are added habitats: Conservation (CON), Special Treatment (ST), Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural FrinQe Mixed Use (RFMU) Sendina Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land occupied by listed species or defined by an appropriate State or Federal aQency to be critical foraaina habitat for listed species. * * * * * * * * * * * * * G. Transportation impact statements. 1. Purpose. a. The purpose of this section is to outline the minimum rea u i rements for the review of and reauirements for the submittal of a transportation impact statement which is reauired to be submitted as part of a develoDment order application. Transportation impact statements will: i. Comply with the existina Transportation Impact Statement (TIS) auidelines and procedures in resolution 2003-410 as may be amended from time to time. * * * * * * * * * * * * * SUBSECTION 3. QQ. AMENDMENTS TO SECTION 10.02.03 Submittal Requirements for Site Development Plans SECTION 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * * B. Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant,:. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: a. Ownership: A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). b. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. * * * * * * * * * * * * * ii. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose. (a) A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. Page 84 of 97 Words struck tHrough are deleted, words underlined are added * * * * (b) A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: * * * * * * * * * (f) For projects subject to the provisions of Section 5.05.08, architectural drawings, signed and sealed by a licensed architect, registered in the state of Florida. (Vf) (vii) (viif) (~viii) (ix) (xO (xii) Page 85 of 97 (i) Scaled elevation for all sides of the building; Scaled wall section from top of roof to grade depicting typical elevation with details and materials noted, and rendered to show materials and color scheme with paint chips and roof color samples; Site sections showing the relationship to adjacent structures; and .^. unifiod sign plan m:: roquired Sootion 5.05.08. Ropresontations made on tho sito dovolopmont plan shall beoome conditions of approval. building plans and architootural drawings submittod in conjunotion with an applioation f.or any building pormits shall bo oone;istont with tho building plane; and arohitoctural drawinge; e;ubmittod and approvod for tho SOP or SIP. For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required. and floor areas. All required and provided setbacks and separations between buildings and structures in matrix form. Maximum zoned building height allowed and actual building height as defined in Section 1.08.00. Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of- way easement. North arrow, scale, and date. The South Florida Water Manaoement Oistrict Environmental Resource Permit or General Permit number. Stormwater manaoement control structure(s) location (referenced to State Plane Coordinates, Florida East Zone, North American Datum 1983 (NAO '83)' latest adjustment). Stormwater manaaement control elevation(s) and overflow elevation(s) (referenced to the North American Vertical Datum, 1988 (NAVO '88), latest adiustment), and NGVD. (ii) (iii) fW) (1v) Words slruelc through are deleted, words underlined are added * * * (xiif) 25-vear/ 3-dav desian discharae at control structureCs). * * * * * * * * * * * * i. Infrastructure improvement plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of Sections 10.02.04 and 10.02.05 and any current county ordinances, regulations, policies and procedures which consist of, but are not limited to the following items: * * * * * * * * * * * * vii. Improvements for water management purposes as needed or as may have been specified during the preliminary site development plan review, prepared in conformance with section the Collier County Construction Standards Manual subdivision design requirements (for purposes of this requirement, all references in section the Collier County Construction Standards Manual to "subdivision "should be read to mean development, where applicable and appropriate), and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-41 , Florida Administrative Code. viii. All necessary standard and special details associated with paragraphs (iii)--(vi) above. ix. Written technical specifications for all infrastructure improvements to be performed. x. Engineering design computations and reports for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. xi. Topographical map of the property which shall include the following: a) Existing features, such as, watercourses, drainage ditches, lakes, marshes. b) Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. c) Benchmark locations and elevations (to both NGVO and NA VO). * * * * * * * * * * * * 4. Site development plan time limits for review, approval and construction. b. Approved site development plans (SOPs) only remain valid and in force for two years from the date of their approval unless construction has commenced, 3t:: foIlO\\'G. If actual construction has not commenced within two years, measured by the date of the SOP approval letter, the site development plan approval term expires and the SOP is of no force or effect; however, one amendment to the SOP may be approved prior to the expiration date, which would allow the SOP, as amended, to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined as follows: c. The construction of infrastructure improvements approved by an SOP or SOP Amendment shall be completed, and the engineer's completion certificate provided to the engineering services director, within 18 monthc 2 years of the pre- construction conference, ~ which will be considered the date of commencement of construction. A single t::ix month one-year extension to complete construction may be granted for good Page 86 of 97 Words stmel( through are deleted, words underlined are added cause shown if a written request is submitted to, and approved by, the engineering services director prior to expiration of the then effective approval term. Thereafter, once the SOP or SOP Amendment approval term expires the SOP is of no force or effect. * * * * * * * * * * * * * SUBSECTION 3. RR. AMENDMENTS TO SECTION 10.02.04 Submittal Requirements for Plats. SECTION 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats. A. Preliminary subdivision plat requirements. * * * * * * * * * * * * * 2. Preliminary subdivision plat requirements. . . . . . * * * * * * * * * * * * * n. Ground elevations based on both tAe NA VD and NGVD shall be shown. The information may be shown referenced to one datum with a note on the cover sheet Iistinq a site-specific equation for determininq the qrades in the other datum. However, information pursuant to 10.02.04 A.2.h. may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. * * * * * * * * * * * * * B. Final plat requirements. * * * * * * * * * * * * * 4. Final subdivision plat submission requirements. * * * * * * * * * * * * * xii. All final plats presented for approval shall clearly indicate the finished elevation above NGVD of the roads, the average finished elevation :Jbove NGVD of the lots or homesites, and the minimum base flood elevation :Jbo'lo NGVD as required. All qrades must be shown in both NAVO and NGVD. The information may be shown referenced to one datum with a note on the cover sheet listinq a site-specific equation for determininq the qrades in the other datum. * * * * * * * * * * * * * SUBSECTION 3. SS. AMENDMENTS TO SECTION 10.02.05 Submittal Requirements for Improvement Plans SECTION 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Submittal Requirements for Improvement Plans * * * * * * * * * * * * E. Improvement plan requirements. * * * * * * * * * * * * 2. Improvement plans submission requirements. The improvement plans shall be prepared on 24-inch by 36-inch sheets and well as being Page 87 of 97 Words struel( through are deleted, words underlined are added digitally created on one or more CDROM disks. All data shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter 61G17 of the Florida Administrative Code. Files shall be in a Oigital Exchange File (DXF) format; information layers shall have common naming conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.) * * * * * * * * * * * * * h. Benchmark, based on NOAA datum (both NAVD and NGVO). * * * * * * * * * * * * * 3. Required improvements. . . . * * * * * * * * * * * * * g. Elevation, land filling, excavation and demolition. The elevation of all building sites and public or private roadways included within a subdivision or development for which a use other than conservation or recreation is proposed shall be not less than 5 1/2 f-eet NGVD when completod, or to such minimum elevations above the established NGVO NA VD datum as adopted by the board of county commissioners, FEMA/FIRM, or South Florida Water Management Oistrict criteria. All lawful regulations with reference to bulkhead lines, salt[water] barrier lines, and other appropriate regulations regarding land filling, conservation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. * * * * * * * * * * * * * 4. Design requirements for Water Management. a. Plans and specifications. As a precondition for approval of improvement plans, the developer shall deliver to the County Manager or his designee complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include, but may not be limited to, the following: L A topographic map of the land development related to both NA VD and NGVD with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. The information may be shown referenced to one datum with a note on the cover sheet listinq a site-specific equation for determininq the qrades in the other datum. * * * * * * * * * * * * SUBSECTION 3. TT. AMENDMENTS TO SECTION 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy SECTION 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * * C. Certificate of public facility adequacy. Page 88 of 97 Words stfl:lelc thr0l:lgH are deleted, words underlined are added * * 1. General. * * * * * * * * * * * * b. Annual Traffic/PUO Monitoring Report. After February 6, 2003, the effective date of this section's amendment, all PUDs which are less than W 100 percent :built-ou(, must annually submit a report detailing their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD's approval by the Board per LOC section 10.02.13.F. The written report must be submitted to, and be in, a format established by the County Manager, or designee, unless payment-in-Iieu is provided pursuant to section 1 0.02.13.F., and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. The county manaQer or desiQnee may waive the traffic counts for the annual monitorinQ period for the entire PUO or portions of the PUO when the remaininq un-built approved density or intensity produces less than 25 PM peak trips. The PUD owner(s) "the Developer, Home Owners Association. Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development riQhts to any un-built units and declare themselves "built-out" in order to satisfy all reportinQ requirements. The applicant for a waiver or determination of "built-out" status shall be responsible for any documentation required in order to verify the status of the PUO. The traffic reportinq requirements are the responsibility of the entity that retains the remaininQ development riQhts to any un- built units or intensity. * * * * * * * * * * * * e. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of written notification by facsimile or other approved electronic format that an application for a final local development order has been approved and a certificate issued, or prior to expiration of the temporarv. one-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 CA.f.. provided said capacity reservation has more than 90 days remaininq, whichever of the two occurs later, an applicant may pick up the certificate upon payment of one- half (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days the time line set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to section 10.02.07 C.1. elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests Page 89 of 97 Words stmek through are deleted, words underlined are added * * the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non- refundable after payment and receipt of the certificate of public facility adequacy certificate. * * * * * * * * * * * * 4. Procedure for review of application. * * * * * * * * * * * * c. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Oivision for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community Development ::md Environmontal Sorvicoc Divicion /\dminictrator, County Manaaer. or desianee, and Transportation Services Division Administrator. or desianee. shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile or other approved electronic format shall be provided to the applicant specifying the deficiencies. The Community De'lelopment and En'lironmontol Sorvicoc Division /\dministrator County Manaaer. or desianee. and Transportation Services Division Administrator. or desianee. shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 businocs days a 8fter any application for a certificate.. except for road facilities.. is received and tAe opplication is determined to be complete, the Community De-:elopment and Environmontal Sorvicos Division Administrator County Manaaer. or desianee. shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in section 10.02.07 C.5. of this Code. The Transportation Services Division Administrator. or desianee. shall review the related traffic impact statement and, if there are no outstandina transportation-related issues associated with the applicable develoDment order application. grant, or deny a one-year traffic capacity reservation for roads within 20 businocc days pursuant to subsection 10.02.07 CA.f. within the then effective submittal review time frame set forth by the County Manaaer, or desianee. aftor tho opplicotion is dotorminod to bo comploto At the Transportation Services Division Administrator's or desianee's discretion, based upon their professional iudament. arantina of said traffic capacity reservation may be withheld beyond the aforementioned time frame as lona as there are outstandina transportation-related issues associated with the applicable development order application until after receipt and review of re-submittal(s) that remedy all of said outstandina transportation-related issues. If the Transportation Services Oivision Administrator, or desianee. determines that the applicable development order application can be approved with stipulations related to outstandina transportation-related issues. they shall arant the said one-year traffic capacity reservation for roads within the aforementioned submittal review time frame. or at the earliest opportunity Page 90 of 97 Words strucle tHrough are deleted, words underlined are added thereafter. The traffic capacity reservation will be aranted durinq. and as part of, the applicable development order review and decision makina procedures set forth in this chapter, subject to a final concurrency determination. issuance of a COA and tRe approval of the final development order. * * * * * * * * * * * * * SUBSECTION 3. UU. AMENDMENTS TO SECTION 10.02.13 Planned Unit Development (PUD) Procedures SECTION 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to PUD shall be in the form of a PUD master plan of development ::md a pyt) dooumont alonq with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised. at a minimum, of the following elements: 1. PUD master plan. The PUO master plan shall ...(No change) 2. PUD dooument application. The applicant shall submit data supporting and describing the application petition for rezoning to PUD in the form of a PUD documont application that includes a development standards table. developer commitments and a list of deviations from the LOC. The pyt) documont development standards table, developer commitments and the list of deviations from the LDC shall be submitted in both an electronic version and printed version in a format as established by the County Manager or his designee. The submittals shall conform to the most recent standardized format established by the planning servioos zoninq and land development review department director. The PUO dooument application shall contain the following information unless determined by the director to be unnecessary to describe the development strategy: a. Title pogo to inolude A-Name of project; b. Indox/tablo of oontonts; e ,Q. List of exhibits which are proposed to be included in the ordinance of adoption; a ~. Statement of compliance with all elements of the growth management plan; e g. General location map drawn to scale, illustrating north point and relationship of the site to such external facilities as highways, shopping areas, cultural complexes and the like; f ~. Property ownership and general description of site (including statement of unified ownership); 9 f. Description or narrative of project development; R g. Boundary survey (no more than six months old) and legal description; Page 91 of97 Words strucle throHgh are deleted, words underlined are added f h. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption; f 1. 8. Ggimensional standards table for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted, except as otherwise allowed by that code.:. This table shall be incorporated into the ordinance of adoption; * j. The proposed timing for location of, and sequence of phasing or incremental development within the PUO; l.ls. The proposed location of all roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD which shall be attached as exhibits to the ordinance of adoption; m 1. Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant and animal species protection plans as required by Chapter 3 shall apply; R m. Environmental impact analysis pursuant to applicable provisions of section 10.02.02; en. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses; ~ Q. The location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD; €t Q. A plan for the provision of all needed utilities to serve the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; f g. Traffic impact analysis; 6 [. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUO and any of its common areas or facilities; t ~. Development commitments for all infrastructure and related matters; H 1. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the pl::mning servioe€: zoninq and land development review department director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; v .!d. Deviations to sections of the land development code other than to dimensional standards related to building placement such as yard requirements, lot area requirements, building height and the like, shall be identified in the PUD document application by Page 92 of 97 Words stn:lek through are deleted, words underlined are added citing the specific section number of the regulation and indicating the proposed modification to such regulation. The list of deviations shall be incorporated into the ordinance of adoption. 3. Oeviations from master plan elements. The planning cervioes zonina and land development review department director may exempt a petition from certain required elements for the PUD master plan pursuant to section 10.02.12 of this Code when the petition contains conditions, which demonstrate that the element may be waived without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided the board of county commissioners. B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with section 10.02.12 shall be submitted and processed as for a rezoning amendment generally pursuant to section 10.02.12 and in accordance with the following special procedures: 1. Preapplication conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the planning servioes zoninq and land development review department director and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable federal or state requirements or other matters that may affect the proposed PUD. This preapplication conference should address, but not be limited to, such matters as: * * * * * * * * * * * * * 6. Action by board of county commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to section 2.03.06 of this Code, the board of county commissioners shall, upon receipt of the planning commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUO document ordinance, as recommended by the planning commission to the board of county commissioners. The board of county commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. C. Effect of planned unit development zoning. If approved by the county board of commissioners, the master plan for development, the PUD dooument ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD. Thenceforth, the development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not act to authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. * * * * * * * * * * * * D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in section 10.02.12 of this Code as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate Page 93 of 97 Words struck through are deleted, words underlined are added * * whether or not the project has commenced in earnest in accordance with the following criteria: * * * * * * * * * * * * 2. For PUDs approved on or after October 24, 2001. but orior to [the date of adoption ordinance] the land owner shall: * * * * * * * * * * * * c. If in the event of a moratorium or other action or inaction of government that prevents the approval of any local development order the duration of the suspension of the approval shall not be counted towards the three-year sunset provision. 3. For PUDs aooroved on or after the date of adootion of this revision the land owner shall: a. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. Two years after the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaininq density or intensity that has not been approved by the appropriate site development plan or plat and received a certificate of public adeauacy (COA) shall be considered expired and void of any remainina development riahts. In the event that action or in-action by the County or any requlatory aqency or leaal action prevents the approval of a development order. the duration of the suspension of the approval shall not be counted towards the expiration provision above. continaent that the applicant has been diliqently pursuinq a local development order or permit throuah any of the reauired requlatory aaencies. The county manaaer or desianee must be notified in writinq of the circumstances of the delay with the appropriate documentation. b. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. On the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaininq density and intensity shall be considered expired if all of the lands within the PUD boundary have received approval throuqh site development plans or plats and received a certificate of public adeauacy (COA). For non residential portions of a PUD. section (a) above allows for two additional years to amend the site development planes) in order to apply for development orders for any remainina intensity within non residential sections of the PUD. ~ 1,. Infrastructure improvements as required above shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with the permitted land uses. Acceleration lanes, entry road access and the like do not count towards meeting the required levels of infrastructure improvements as required above. 4 ~. PUD sunsetting. Prior to or any time after the planning services department director determines that a PUD has sunsetted, then the property owner shall initiate one of the following: * * * * * * * * * * * i Q. Board of county commissioners action on PUDs which have sunsetted. Upon review and consideration of the appropriate application, or the status report provided by the property owner and any supplemental Page 94 of 97 Words struck throl:lgh are deleted, words underlined are added information that may be provided, the board of county commissioners shall elect one of the following: * * * * * * * * * * * 6 Z. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: * * * * * * * * * * * +- ~. Retention of existing PUD status. Once a PUD has sunsetted the land shall retain its existing PUO zoning status, however applications for additional development orders shall not be processed until one of the following occurs: * * * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUO to the County Manager or fHs designee. * * * * * * * * * * * * * 4. County will be oiven at least 6 month's prior written notice to a chanqe in ownership. to a community association. includino but not limited to transfer of all or part of the develoDment to a Home Owners Association. Property Owners Association, Master Association or similar entity. Change in ownership of portions of a PUO development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no lonoer necessary shall be brouoht as an aoenda item to the Board of County Commissioners for their approval. * * * * * * * * * * * * * SUBSECTION 3. VV. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for Public Hearings By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. SECTION 10.03.05 Notice Requirements for Public Hearings By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board., of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. * * * * * * * * * * * * * G. Notice and public hearing requirements where proposed resolution by the board of county commissioners would approve a mixed use project (MUP) located in a mixed use district overlay. In cases in which the applicant requests approval of a mixed use project (MUP) under the provisions of a mixed use district overlay, with or without requested allocation of bonus density units, where applicable, the mixed use project shall be considered for approval pursuant to the following public notice and hearing requirements by the board of county commissioners. Page 95 of97 Words stmek through are deleted, words underlined are added 1. The board of county commissioners shall hold one advertised public hearing on the petition to approve a mixed use project for property located in a mixed use district overlay. The public hearing shall be held at least 15 days after the day that an advertisement is published in a newspaper of general paid circulation in the county and of general interest and readership in the community. 2. At least one Neighborhood Informational Meeting (NIM) shall be conducted by the applicant (in conjunction with the overlay area advisory board, where such advisory board exists) at least 15 days before the public hearing by the board of county commissioners. Written notice of the meeting shall be sent by applicant to all property owners who are required to receive legal notification from the County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County staff planner, or designee, must also attend the neighborhood informational meeting: however, the applicant is required to make the presentation on the development plan of the subject property. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Oevelopment Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida; with the exception that amendments to section 4.03.05, as proposed in subsection 3. X. of this ordinance shall become effective 60 days after the effective date of this ordinance, and with the exception that amendments to section 5.03.06, as proposed in subsection 3 CC. of this ordinance, shall become effective 90 days after the effective date of this ordinance, and with the exception that amendments to section 5.05.08, as proposed in subsection 3. 00. of this ordinance shall become effective 270 days after the effective date of this ordinance. Page 96 of 97 Words stmcI, tHrough are deleted, words underlined are added PASSED AND DULY AOOPTED by the Board of County Commissioners of Collier County, Florida, this 14th day of December, 2006. ATTEST: DWIGHT ~~. \~~jiCLERK ;:.;"/. /, --'" ...... (':' . ,',:, ctL......Xl ~ (t~iJJUd ~C . 1..-,. '41.1,\ ;;.>;. > ('1./ " :h.....e$i~t.O... , l_Lly Clerk S 1 gnatur"t . '*1," 3'S.;:I BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA ~~ FRANK HALAS, CHAIRMAN By: Approved as to form and legal ufficienc: Page 97 of 97 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. 2006-63 Which was adopted by the Board of County Commissioners on the 14th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of December 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County .~.btnfu.if3sioners ,{l~~(L1~[k- '.. By";'1'eresa Dill~1rd, Deputy Cl-;erk " , I