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Ordinance 2021-05 ORDINANCE NO. 2021 -05 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW COMMUNICATION TOWERS AS A CONDITIONAL USE IN THE ESTATES (E) ZONING DISTRICT, TO CLARIFY THAT CLUSTER DEVELOPMENT FOR AFFORDABLE HOUSING DOES NOT REQUIRE A CONDITIONAL USE IN THE RMF-6 ZONING DISTRICT AND TO CREATE ALTERNATIVE DESIGN STANDARDS FOR HOUSING THAT IS AFFORDABLE, TO MODIFY SETBACK REQUIREMENTS FOR PUBLIC UTILITY ANCILLARY SYSTEMS ENCLOSURES, AND TO CORRECT CITATIONS AND UPDATE TEXT, 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 ONE-GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.06 STANDARDS FOR DEVELOPMENT WITHIN THE AIRPORT OVERLAY (APO), ADDING NEW SECTION 4.02.39 DESIGN DEVIATIONS FOR HOUSING THAT IS AFFORDABLE; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.09 COMMUNICATION TOWERS, SECTION 5.05.12 SPECIFIC STANDARDS FOR PUBLIC UTILITY ANCILLARY SYSTEMS IN COLLIER COUNTY; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS THEREOF, SECTION 10.02.05 CONSTRUCTION, APPROVAL, AND ACCEPTANCE OF REQUIRED IMPROVEMENTS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES; AND APPENDIX A-STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Page 1 of 39 Words struck through are deleted,words underlined are added. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on November 19, 2020, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on February 9, 2021, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 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: Page 2 of 39 Wordsstruckgh are deleted, words underlined are added. SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. Page 3 of 39 Words struck through are deleted,words underlined are added. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. Page 4 of 39 Wordsstruckgh are deleted,words underlined are added. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02, Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Assisted living facility: Any building(s), section of a building, distinct part of a building, residence, private home, boarding home, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding 24 hours, housing, food service, and 1 or more personal services for 4 or more adults, not related to the owner or administrator by blood or marriage, who require such services and to provide limited nursing services, when specifically licensed to do so pursuant to § 4100/107 400.062 F.S. A facility offering personal services or limited nursing services for fewer than 4 adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment that regularly provides such services. * * * * * * * * * * * * * Family care facility: A residential facility designed to be occupied by not more than 6 persons under care, plus supervisors staff as required by subsection 10A 5.019, FAC rule 59A-36.010, F.A.C., and constituting a single dwelling unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; physically disabled or handicapped persons; mentally ill persons; and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL DISTRICTS Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Districts. A. Rural Agricultural District (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 facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered Page 5 of 39 Words struck through are deleted,words underlined are added. 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 Agricultural/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 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. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to §'100.'102 429.02 F.A.0 F.S. and 58A- 5 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4193 690-193 F.A.C., all subject to LDC section 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. * * * * * * * * * * * * * 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 estates 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. 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 as provided under the Golden Gate Master Plan. Page 6 of 39 Words struck through are deleted,words underlined are added. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * * * c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * 5. Group care facilities (category I); care units, subject to the provisions of LDC subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 400/102 429.02 F.S. and ch. 68A-5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. /1 193 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * 8. Essential services, as set forth in LDC subsection 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 10. Ancillary plants. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. Communication towers up to specified heights, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.02 Residential Zoning Districts Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 7 of 39 Words struck through are deleted,words underlined are added. 2.03.02 Residential Zoning Districts A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve T and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00 * * * * * * * * * * * * * 7. Group care facilities (category I); care units subject to the provisions of LDC subsection 2.03.02 3.h; nursing homes; assisted living facilities pursuant to § /100.102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 'l 183 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density Page 8 of 39 Wordsstruckgh are deleted,words underlined are added. permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 4100./102 429.02 F.S. and ch. 58A-5 59A-36 F.A.C; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to LDC section 5.05.04. 7. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06. 8. Cluster development, subject to section 4.02.04, except for affordable housing projects which qualify under Section 4.02.39.0 which do not require a conditional use. * * * * * * * * * * * * * C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having a mid-rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid- rise multiple-family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the Page 9 of 39 Words struck through are deleted,words underlined are added. density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § /100.'102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to section 5.05.04. * * * * * * * * * * * * * D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple- family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi-family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). * * * * * * * * * * * * * Page 10 of 39 Words struck through are deleted, words underlined are added. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 4100.402 429.02 F.S. and ch. 58A-5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4 193 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 4. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400/102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land Page 11 of 39 Words struck through are deleted,words underlined are added. use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 8. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400/102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas Page 12 of 39 Words struck through are deleted,words underlined are added. and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. * * * * * * * * * * * * * 20. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § /100/102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch, 651 F.S. and ch. 4-1 93 690-1 93 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C- 2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density Page 13 of 39 Words struck through are deleted, words underlined are added. rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. * * * * * * * * * * * * * 34. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant § /100.102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.i all subject to LDC section 5.05.04. * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. * * * * * * * * * * * * * Page 14 of 39 Words struck through are deleted, words underlined are added. 42. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 4100/102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. /1-193 690-193 F.A.C.i all subject to LDC section 5.05.04. * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Thereforeihe uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting Page 15 of 39 Words struck through are deleted,words underlined are added. and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texturc textile designers, textile folding, tobacco sheeting, and window trimming service). * * * * * * * * * * * * * 64. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 4100/102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4-193 690-193 F.A.C.i all subject to LDC section 5.05.04. * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 76. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 4100.402 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to § ch. 651 F.S. and ch. 4 193 690-193 F.A.C.i all subject to LDC section 5.05.04. * * * * * * * * * * * * * Page 16 of 39 Words struck through are deleted,words underlined are added. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 Civic and Institutional Zoning Districts * * * * * * * * * * * * * B. Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). a. Permitted uses. * * * * * * * * * * * * * 5 . Nursing homes, assisted living facilities (ALF) pursuant to § /100.102 429.02 F.S. and ch. 58A 5 59A-36. F.A.C., family care facilities, group care facilities (category I) and continuing care retirement-communities pursuant to § ch. 651 F.S. and ch. /1 193 690-193 F.A.C.i all subject to LDC section 5.05.04. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., 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 17 of 39 Words struck through are deleted,words underlined are added. * * * * * * * * * * * * * 6. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the Santa Barbara Commercial Overlay District. a. Permitted uses. * * * * * * * * * * * * * 39. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § �100.102 429.02 F.S. and ch. 58A 5 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1. above, or as more specifically provided in an applicable PUD. Page 18 of 39 Words struck through are deleted,words underlined are added. * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN Section 4.02.04, Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.04 Standards for Cluster Residential Design A. The purpose of a cluster development design technique is to provide a unique and innovative alternative to residential development in the RSF 1 through 6, RMF-6, PUD and VR districts by creating a more varied, efficient, attractive, and economical residential development containing a more usable pattern of open space . It is intended to implement the (GMP) by, among other things, encouraging compact urban growth, discouraging urban sprawl, and encouraging the conservation of environmental resources. B. This section shall apply to all parcels of land under single ownership within the RSF 1 through 6, RMF-6, VR and PUD zoning districts which permit cluster development. See LDC section 2.03.08 A.2 for clustering standards in RFMU receiving lands district. C. Conditional uses approved for cluster development and single family affordable housing projects in the RMF-6 zoning districts eligible under Section 4.02.39.C. may reduce the lot area, lot width, and yard requirements within a zoning district, subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of the residential zoning district in which the cluster development is located shall be used as the basis for all computations of allowed reductions. The following reductions in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be are permissible: pursuant to the grant of a conditional use for cluster development. 1. The maximum allowable gross density in any cluster development shall not exceed the maximum allowable gross density of the residential zoning district in which the cluster housing development is located. 2. The following site design and dimensional standards shall apply to cluster development: Table 3. Table of Design Standards for Cluster Development. Design Standard Minimum lot area per single-family unit 3,000 sq. ft. Minimum lot width Cul-de-sac lots 20 feet All other lots 40 feet Page 19 of 39 Words struck through are deleted, words underlined are added. Minimum setbacks Front yard front entry garage 20 feet side entry garage 10 feet If no garage 25 feet Side yards zero lot line on one side 10 feet remaining side no zero lot line 5 feet each side Rear yard principal structure 10 feet accessory structure 3 feet D. Requirements for zero lot line developments: * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR DEVELOPMENT WITHIN THE AIRPORT OVERLAY (APO) Section 4.02.06, Standards for Development within the Airport Overlay (APO), of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.06 Standards for Development within the Airport Overlay (APO) * * * * * * * * * * * * * L. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06 (C)-(K) above, no structure or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which would impose either the establishment of restrictive minimum climb gradients or nonstandard takeoff minimums. * * * * * * * * * * * * * 2. Except as otherwise provided in this section of the LDC, no structure, or object of natural growth shall be erected, altered, allowed to grow or be maintained, which is or would result in a potential hazard to air navigation within Collier County by exceeding any of the following: a. A height of 500 499 feet above ground level at the site of the object. * * * * * * * * * * * * * Page 20 of 39 Words struck through are deleted,words underlined are added. SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.39 ALTERNATIVE DESIGN FOR HOUSING THAT IS AFFORDABLE Section 4.02.39, Alternative Design for Housing that is Affordable, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.39 Alternative Design for Housing that is Affordable A. The intent of this Section is to provide incentives for housing that is affordable and applies to residential only projects, and residential portions of PUDs. Vertical mixed-use projects are not eligible for the alternative designs identified within this Section. B. Affordable housing projects may use the following design alternatives, subject to compliance with Section 4.02.39.C. 1. Section 3.07.02.E - Local/internal roads that are privately maintained may be designed to the elevation required to meet the 5-year, 1-day storm event, and the perimeter berm shall be designed so that surrounding properties will not be adversely impacted by the project's influence on stormwater sheet flow up to the elevation during the 25 year, 3-day design storm. 2. Section 4.06.05.A.1 - Single-family developments lots which are adjacent to preserve areas or perimeter berms are exempt from providing one canopy tree per 3,000 square feet of pervious open space per lot. For all other lots, the required one canopy tree may be relocated to common areas or to a street tree program. 3. Sections 6.06.01.S, 10.02.02.A.11 & Appendix B - For all local/internal roads that are privately owned and maintained, an inverted crown design, shall be allowed. Page 21 of 39 Words struck through are deleted, words underlined are added. 50' R.O.W. 1.5' C.U.E. r 1.5' C.U.E. 10'RAJ AstI s/1✓I CRASS I I0 TRAVEL LANE I 3' 110' TRAVEL LANE I CRASS I1i/W I.RAS. 1 ' 10'F.tl.E. 2% 3% 2% ._ — , 4' COMPACTED BASE 4' COMPACTED BASE 12' STABIUZED SUBGRADE CROWN GUTTER - 6' COMPACTED BASE IV 3s WATER MAIN Y FORCE MAIN TYPICAL INTERNAL INVERTED CROWN ROADWAY DESIGN 4. Sections 6.06.02.A.2 & 6.06.02.F - For local/internal sidewalks that are privately maintained, the minimum sidewalk width shall be four feet, which can be of concrete or asphalt material and shall be constructed over a compacted subgrade. Asphalt shall also require a minimum of 4 inches of compacted limerock base, in addition to the compacted subgrade. 5. Section 10.02.03.A.3 - Three-family housing structures proposed on a lot(s) of record are exempt from the Site Development Plan provisions of LDC Section 10.02.03.A.2. 6. Section 10.02.04.0 - For single-family developments, the clubhouse facility may be included within the construction plans and final subdivision plats. The clubhouse facility shall commence construction when fifty percent of the lots have received a Certificate of Occupancy. 7. Section 10.02.08.1.2. - The set-aside of land or dedication of land for a public water well at time of rezoning is not required, unless the site is located within a quarter-mile of a future raw water transmission main identified in the latest Board-adopted Collier County 10-Year Water Supply Facilities Work Plan Update and in such a way that the quantity of affordable housing units would not be impacted. C. Criteria for design alternatives for housing that is affordable. The alternatives described in Section 4.02.39.B. will be allowed when the following criteria are met: 1. Compatibility. Page 22 of 39 Words struck through are deleted,words underlined are added. a. Setbacks from all project boundaries that abut property zoned or developed for single family residential use shall be a minimum of one foot (setback) per one foot maximum zoned height for principal structures. �J Maximum Zoned Height ) fF7Frr st- j ti'`°1.e•°jr ,oa Kati X X 15'Type 13" Landscape Buffer 1 to 1 Setback to Height Ratio b. For projects of more than three units, the required buffer for all project boundaries that abut property zoned or developed for single family residential use shall be a 15 foot wide Type "B" landscape buffer per LDC Section 4.06.02. 2. Affordability. To qualify for the design alternatives of this section a project shall commit to one of the following agreements or commitments to provide a minimum of 20 percent of the overall units as housing that is affordable: a. Affordable Housing Density Bonus (AHDB) Agreement per Section 2.06.00; or b. Affordable Housing Impact Fee Deferral Agreement per Code of Ordinances Article IV of Chapter 74; or c. PUD commitment or Developer's Agreement (DA) for units that serve households at the income levels (very-low, low, moderate, or gap) identified in Section 2.06.00, or units that are priced within the limits established in the Collier County Housing Demand Methodology, as updated yearly or Board approved Table of Rental Rates, as updated yearly. SUBSECTION 3.K. AMENDMENTS TO SECTION 5.05.09 COMMUNICATION TOWERS Section 5.05.09, Communication Towers, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 23 of 39 Words struck through are deleted,words underlined are added. 5.05.09 Communication Towers * * * * * * * * * * * * * G. Development standards for communication towers. 1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF- 6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection 5.05.09 (F)(7) G.7. below, towers may be allowed to any height as a conditional use in the Estate (E). zoning district only on parcels designated as Urban or Rural Golden Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved for a specified essential service listed in subsection 5.05.09 ((F)(3) G.3. below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. * * * * * * * * * * * * * 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. b. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC,H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (1/2) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. c. Communication towers in the Estate (E) zoning district shall be separated from residentially zoned properties as follows: Page 24 of 39 Words struck through are deleted,words underlined are added. New towers up to 75 feet in height shall be located not less than the total height of the tower and antennas from all residentially zoned properties. ii. New towers over 75 feet in height shall be located not less than two and one-half times the height of the tower and antennas, or the certified collapse area, whichever distance is greater, from all residentially zoned properties. * * * * * * * * * * * * * 25. Communication towers in the Estate (E) Zoning District. Communication towers are allowed on parcels designated as Urban or Rural Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject to the following: a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector road. b. The communications provider has provided evidence that the communications provider's search radius for tower placement requires placement of the tower in the Estates zoning district to meet its coverage requirements and the tower cannot be co-located on an existing tower and provide the same service coverage. c. All security and site lighting shall be less than 20 feet above grade, fully shielded, and directed away from neighboring properties. d. Fencing height and landscaping. The required perimeter wall or fence height shall be a minimum of eight feet from finished grade of base supporting structure and no greater than 10 feet. A minimum 15 feet landscape Type B buffer along the perimeter of wall or fence is required and tree plantings within the buffer shall be 12 feet tall at time of planting. e. Equipment cabinets. Overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. SUBSECTION 3.L. AMENDMENTS TO SECTION 5.05.12 SPECIFIC STANDARDS FOR PUBLIC UTILITY ANCILLARY SYSTEMS IN COLLIER COUNTY Section 5.05.12, Specific Standards for Public Utility Ancillary Systems in Collier County, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 25 of 39 Words struck through are deleted,words underlined are added. 5.05.12 Specific Standards for Public Utility Ancillary Systems in Collier County.- A. Applicability. When water and wastewater is conveyed through physically connected infrastructure to or from a public or quasi-public treatment facility, the system of physically interconnected infrastructure, including but not limited to raw water wells, pump stations, water and wastewater storage tanks, vaults, valves, antennas, and other appurtenant equipment, shall be considered to be collectively located onsite as that term is to be applied in the GMP CCME Policies 6.1.1 and 6.1.2, and any implementing land development regulations. Applicable designs for public utility ancillary systems selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the following requirements. B. Setback Requirements * * * * * * * * * * * * * 3. Fences and walls enclosing public utility ancillary systems must meet the following setbacks: , other than raw water wells and appurtenant equipment, installed after November 12, 2008, shall be setback five feet from adjacent property and right-of-way lines. However, for those public utility ancillary systems installed on or before November 12, 2008 or installed in utility easements existing on or before November 12, 2008, there shall be no minimum setback for fences and walls. In the case of raw water wells and appurtenant equipment installed after June 16, 2005, the setback shall be five feet from adjacent property and right-of-way lines, except where installed in easements existing on or before June 16, 2005, in which case, there shall be no minimum setback for fences and walls. Adjacent to Right of Way or easement line 5 feet. gide-yar-d-e-r-easement-li-Re-5-feet, Appurtenant equipment, other than antennas, that exceeds the height of the fencer ei_o I hall be s th ck nn lees than the i inderlying zoning district requirements for side yard setback. Rearr yard-or easement line _ 5. feet R i i ter well e ementc ontained ithin a In a pu e e t 2 feet ��-�-�� rg�r��blis �a-s�men��� Page 26 of 39 Wordsstruckgrh are deleted,words underlined are added. Fence or wall heights may be between six (6) feet and eight (8) feet in height. Appurtenant equipment shall not be considered as separate structures. C. Fences and walls enclosing public utility ancillary systems shall not exceed ten feet in height unless an administrative fence waiver is approved in accordance with the LDC section 5.03.02. GD. Public utility ancillary system site access: 1. Direct access from public ways shall be limited to one (1) access point and must otherwise comply with the requirements of LDC Ssection 4.04.02 2 Access from an easement must provide legal access to a public or approved private way. Access from an existing public way to an easement must otherwise comply with the requirements of LDC Ssection 4.04.02. E. Prior to County approval of any public utility ancillary system site under this Code, the applicant shall obtain permits from SFWMD, FDEP or other state or federal agency having jurisdiction over the intended use if such permits are required. €F. Stormwater management and environmental resource permits for public utility ancillary system sites shall be governed by the requirements of SFWMD or FDEP, and if approval is granted for the public utility ancillary system by SFWMD or FDEP under those requirements, or said requirements are deemed not applicable by SFWMD or FDEP due to the de minimus size or nature of the public utility ancillary system site as verified in writing by SFWMD or FDEP, the project may be considered for a waiver from the requirements of LDC Ssection 10.02.02 A. FG. Landscaping and buffering shall conform to the requirements of LDC Ssection 4.06.05 B. 4 GH. Site planning review and approval for public utility ancillary systems must follow the requirements of an insubstantial change to a Site Development Plan or Site Improvement Plan review process as required in LDC section 10.02.03, providing water, wastewater or irrigation quality water from such public utility ancillary system is conveyed through physically connected infrastructure to a public or quasi-public treatment facility. The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site". Page 27 of 39 Words tru^'n. throough are deleted,words underlined are added. SUBSECTION 3.M. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS THEREOF Section 10.02.03, Requirements for Site Development, Site Improvement Plans and Amendments thereof, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof * * * * * * * * * * * * * F. Site plan with deviations for redevelopment projects. * * * * * * * * * * * * * 5. Public notice. Public notice of the hearing shall be as required by the LDC section 10.03.06 Q R and Chapter 6 of the Administrative Code. * * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 10.02.05 CONSTRUCTION, APPROVAL, AND ACCEPTANCE OF REQUIRED IMPROVEMENTS Section 10.02.05, Construction, Approval, and Acceptance of Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Construction, Approval, and Acceptance of Required Improvements * * * * * * * * * * * * * B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee. Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or development is substantially safe for public occupancy. * * * * * * * * * * * * * 2. Submittal requirements. Upon completion of all required improvements contained in the approved construction plans, the applicant's professional engineer of record shall provide the following materials for the review by the County Engineer or designee: a. Competition Completion Certificate. The applicant's professional engineer of record shall submit a completion certificate for the required improvements completed. The completion certificate shall be based on information provided by the project professional surveyor and mapper and the engineer's own observations. The completion certificate shall not be Page 28 of 39 Words struck through are deleted, words underlined are added. *based on "information provided by the contractor. "The applicant's professional engineer of record shall document that the required improvements have been installed in compliance with the approved construction plans. Any discrepancy shall be brought to the attention of the County Engineer or designee and resolved to the satisfaction of the County Engineer or designee. * * * * * * * * * * * * SUBSECTION 3.0. 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 * * * * * * * * * * * * * Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in LDC section 2.02.12 10.02.13 of this Code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to LDC section 2.02.12 10.02.13 D. of this Code. * * * * * * * * * * * * * APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide for preparation of bonding instruments which will be submitted to the Collier County Board of County Commissioners for guaranteeing the completion of required improvements with respect to this Code. Adherence to the forms will assure an expeditious review by the Development Services Division and the Collier County Attorney's Office. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for Required Improvements by the Development Services Division or the County Attorney's Office. These specimen forms may be revised from time to time by resolution of the Board of County Commissioners. Appendix A consists of the following specimen forms: Page 29 of 39 Words struck through are deleted,words underlined are added. A.1. Subdivision Improvements * * * * * * * * * * * * * b. The Performance Bond shall be substantially as follows: * * * * * * * * * * * * IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE M S DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of (SEAL) Printed Name Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [state] COUNTY OF [county] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of [yearl , by [name of person] as [type of authority, Page 30 of 39 Words struck through are deleted, words underlined are added. e.g. president or vice president] for [legal name of entity] , who ❑ is personally known or ❑ has produced [type of identification] as identification. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] WITNESSES: (Surety Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of (SEAL) Printed Namc Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [state] COUNTY OF [county] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of [yearl , by [name of person] as [type of authority, e.g. president or vice president] for [legal name of entity] , who ❑ is personally known or ❑ has produced [type of identification] as identification. Page 31 of 39 Words struck through are deleted, words underlined are added. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] * * * * * * * * * * * * * A.2. Excavation Improvements * * * * * * * * * * * * * b. The Performance Bond for Excavation Work shall be substantially as follows: * * * * * * * * * * IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of , 20 . WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of {SEAL) Printed Name Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [state] COUNTY OF [county] Page 32 of 39 Words struck through are deleted,words underlined are added. The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of [year] , by [name of person] as [type of authority, e.g. president or vice president] for [legal name of entity] , who 0 is personally known or ❑ has produced [type of identification] as identification. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of {SEAL) Printed Name Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [state] COUNTY OF [county] The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this day of [year] , by [name of person' as [type of authority, e.g. president or vice president] for [legal name of entity] , who El is personally known or ❑ has produced [type of identification] as identification. [signature of Notary Public] Page 33 of 39 Words struck through are deleted,words underlined are added. [the notary public's official seal] [printed name of Notary Public] * * * * * * * * * * * * * A.3. Early Work Improvements * * * * * * * * * * * * * b. The Performance Bond for Early Work shall be substantially as follows: * * * * * * * * * * * * IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of , 20 . WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF {NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of {SEAL} Printed Name Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [statel COUNTY OF [county] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of [year] , by [name of person] as [type of authority, Page 34 of 39 Words struck through are deleted,words underlined are added. e.g. president or vice president] for [legal name of entity] , who ❑ is personally known or ❑ has produced [type of identification] as identification. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of (SEAL) Printed Name Notarial Acknowledgement Per Requirements of§ 117.05, Florida Statutes STATE OF [state] COUNTY OF [county] The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this day of [year] , by [name of person] as [type of authority, e.g. president or vice president] for [legal name of entity] , who ❑ is personally known or El has produced [type of identification] as identification. Page 35 of 39 Words struck through are deleted,words underlined are added. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] * * * * * * * * * * * * * A.4. Site Development Plan Improvements * * * * * * * * * * * * * c. The Performance Bond for Site Development Plans shall be substantially as follows: * * * * * * * * * * * * * IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of , 20 WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of {SEAL} Printed Namc Page 36 of 39 Words struck through are deleted,words underlined are added. Notarial Acknowledgement Per Requirements of§ 117.05, Florida Statutes STATE OF [state] COUNTY OF [county] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of [year] , by [name of person' as [type of authority, e.g. president or vice president] for [legal name of entity] , who ❑ is personally known or ❑ has produced [type of identification] as identification. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public State of (SEAL) Printed Namc Notarial Acknowledgement Per Requirements of§ 117.05, Florida Statutes STATE OF [state' COUNTY OF [county' Page 37 of 39 Words struck through are deleted,words underlined are added. The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of [year] , by [name of person] as [type of authority, e.g. president or vice president] for [legal name of entity] , who ❑ is personally known or ❑ has produced [type of identification] as identification. [signature of Notary Public] [the notary public's official seal] [printed name of Notary Public] * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 38 of 39 Words struck through are deleted,words underlined are added. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 9th day of February , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, G ERK OF COL R OUNTY, FLORIDA By: • , De Cle Penny Ta or, Chairman At# t a6 to Chairman', ign.ature only, Approved as to form and legality: LiitteLAetm7rufz. _____,/,v,A1,\ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/1857 (1/15/21) 20-LDS-00106 This ordinance fi.ed with the Sect. Yary of St to s � 1 107__- day of and acknawledt of that received this _ _ d'uy, fili� of_ram- ' . _._j ,� By Deputy Clerk Page 39 of 39 Words struck through are deleted,words underlined are added. w qt. Fes, ito FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State February 15, 2021 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-05, which was filed in this office on February 12, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270