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Agenda 01/16/2008 LDC er County Board of County Commissioners ~iil ~~! J....... v' l' 'h,,,,; "hJ3 ~i i I " t 1im ~!i A_ ~"ID,;li!\1l! if ""i, I!! 'jn i 1\tm;; t!, 11' ID!;li!\1l1'f'!'I~~ill\l!"llili.llll""~ ,11 Ir hl\I!~l11' lit j1_~; u ," ,,: 111'm';t '" ,), .h:'<;;;::,w (" ~""'" tJJ"'F ""","1' ,;1" ',)'I'CH E' '2 """h W '] )! M ,1 '! 'mil 1F l1' i< II J 1\\ 11" L p , ,F ;ittm lLw' 1/: 'ifiTm!. 'll 1,\1'!'m '1_ ,,\,,', yl ."A' January 16, 2008 5:05 p.m. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ LDC AGENDA January 16,2008 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, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, 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 Page 1 January 16, 2008 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCA nON 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 REGULA nONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN Page 2 January 16, 2008 .._'-,.._'-<._'~.~"._._+._._-,-~.~~-- MEMORANDUM Community Development & Environmental Services Division Department of Zoning and Land Development Review To: Members of the Collier County Board of County Commissioners From: Catherine Fabacher, LDC Manager Date: January 14,2008 Subject: LDC Amendment Cycle 2007-2 Packet For BCC LDC Public Hearing On Wednesday, January 16 at 5:05 p.m. Attached please find the LDC Amendment Packet for this cycle for the first meeting on Wednesday, January 16 at 5:05 p.m. Since beginning the cycle on August 31, 2007 a lot of work has been done by staff, the Environmental Advisory Council, the Development Services Advisory Committee and the Planning Commission. As a result of this close scrutiny, several amendment requests have been withdrawn (as indicated in the summary sheets). Following is a list ofthe amendment requests to be heard at this Wednesday night's meeting. (JIIIIJ(J(JI;: 11;\1111(" :1 /\1;1 r.o, "" I ARCH I HIST BOARD I An amendment to allow open house signs in the right-of-way. An amendment to create a one-time permit and procedures for revoking permit for noise violations. Contains former versions of outdoor serving/entertainment amendments that were combined to create outdoor serving permit. An amendment to exclude wet slips from shorelines within a conservation easement in accordance with the Manatee Protection Plan. Return and revise provisions of the Historical/Archeological Board omitted during re-codification (Ord. No. 04-41) The balance of the amendment requests contained in this packet are scheduled to be heard for the first time on Tuesday, January 22, 2008 at 9:00 a.m. Proposed Schedule For LDC Amendment Cycle 2007-2 Meetine: Dav Date Time LDC Amendment Deadline Friday August 31 COB County Mgr.'s Review Friday September 21 As Available Packets to Directors/EAC/DSAC Mondav September 17 Mte:s. DSAC LDR Sub-Committee Meeting* Wednesday September 26 2:30 pm EAC Monthly Meeting* Wednesday October 3 9:00 a.m. DSAC Monthly Meeting* Wednesday October 1 0 1:00 p.m. I st Packets to CCPC Tues.-Fri.. October 26-29 12:00 p.m. CCPC LDC Meeting 1 * Wednesday November 28 8:30 a.m. CCPC LDC Meeting 2* Wednesday December 12 5:05 p.m. CCPC LDC Meeting 3* Thursday December 13 8:30 a.m. -1:00 p.m. 2nd Packets to CCPC Thurs.-Fri. December 20-21 12:00 p.m. CCPC LDC Meeting 4* Wednesday January 9 8:30 a.m. 1 st Packets to BCC Thursday January ]0 5:00 p.m. BCC LDC Meeting 1 * Wednesday January 16 5:05 p.m. BCC LDC Meeting 2* Tuesday January 22 9:00 a.m.. 2nd Packets to BCC Friday February] 12:00 p.m. BCC LDC Meeting 3* Tuesday February 5 1:00 - 5:00 p.m. BCC LDC Meeting 4* Tuesday February 19 5:05 p.m. Ordinance to Tallahassee Wednesday February 27 12:00 p.m. * indicates a public hearing date Community Development & Environmental Services 1:\07 Amend the LDC\2007-Cycle 2\Schedules and summaries\Cycle 2 2007 _ LDC Schedule (FINAL 11-05-07).doc l' tJ n 6 w -..l '" ;I> () ~ :3 o. " i:l " 0- 5- " r-< 0 n ;J>"t:I r r0 8 d 0 ~ 0 "'", -..l 5.0 n 8 en 0... '< '" n '" 0- " S- U N Eli (D n :r -< " 0- (D " '" " n ........ " ~ om 0 ~ ~;J> "0 0- ~ [n S " e :3 3' (D :3 " pO ~ ~ ;;;. 1;'", ..... :"- VJ n C n " oO"tJ :3 3 8 CfJ :3 3 3 ;J> 0 ~ " 3 0... 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Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Robert Wiley DEPARTMENT: Engineering Services AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: New section LDC SECTION(S): 3.07; 6.05.01; 10.02.02 A.4.f; 10.02.03 A.3,b.vi; CHANGE: Add Section 3.07.00 Interim Watershed Management Regulations Add cross reference in Section 6.05.0] Add cross reference in Section 10.02.02 A.4.f Add cross reference in Section 10.02.03 A.3.b.vi Add cross reference in Section 10.02.04 A.3. Add cross reference in Section 10.02.04 B.3. REASON: Interim Watershed Management Regulations are being added to the LDC as a result of the Evaluation and Appraisal Report (EAR) based changes to the GMP in 2007, FISCAL & OPERATIONAL IMPACTS: Based upon the variability of site conditions, some projects may incur substantial fiscal impacts. There will be no fiscal impacts to the County's review process. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Implements the 2007 EAR-based changes to the CCME of the GMP. OTHER NOTESNERSION DATE: Original Date: 8-28-07; revised October 9, 2007, revised per CCPC 1-9-08. Amend the LDC as follows: 3.07.00 Interim Watershed ManaQement Requirements 3.07.01 Applicabilitv 1 1,\07 Amend the LDC\2007-Cycle 2\LDC pacl<et\01160B BCC\BCC 011608-,doc Text underlined is new text to be added. TeJd: striketf::trGl.lgt:l is Gl:meAt tma ts be E1eleted. Bold text indicates a defined term A. New development and redevelopment shall be in compliance with the qoals, objectives and policies of the Conservation and Coastal Manaqement Element (CCME) of the Collier Countv GMP and with this LDC until the formal adoption bv the Countv of all land development requlations, ordinances, policies, and proqrams which implement the Watershed Manaqement Plans as thev are prepared. B. The followinq watershed manaqement requirements will remain in force for the applicable reqion of the Countv until superseded bv the formal adoption bv the Countv of land development requlations, ordinances, policies, and proqrams for each watershed as established bv the completion, adoption and implementation of the individual Watershed Manaqement Plans. C. The Countv shall adhere to the limitinq discharqe rates of each basin as outlined in Ordinance 2001-27, adopted Mav 22, 2001 which amended the Countv Water Manaqement Policv and provided basin delineations where special peak discharqe rates have been established. 3.07.02 Interim Watershed Rellulations A. All new development and redevelopment projects shall meet 150% of the water qualitv volumetric requirements of Section 5.2,1(a) of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Manaqement District (February 2006). The projects shall also complv with the allowable offsite discharqe rates required Ordinance 2001-27, as amended. The 150% water qualitv volumetric requirement also applies to the Countv's minimum requirement of 1 inch under Ordinance 90-10, as amended; thus increasinq the Countv's minimum requirement to 1.5 inches. 1.0 The entiretv of the required 150% treatment shall occur within the boundaries of the stormwater treatment svstem, excludinq Countv required native veqetation preserves, which are not allowed to be incorporated into the stormwater qualitv treatment svstem. 2. For purposes of these interim watershed manaqement requlations, anv reconfiquration of, or addition to, the on-site impervious area that equals or exceeds 50 percent of the existinq on-site impervious area square footaqe shall be considered redevelopment of the site. Redevelopment shall also be considered as anv chanqes to, or reconfiquration of, the buildinq footprint and/or all other on-site impervious area which equals or exceeds 50 percent of the assessed value of the improvements on the site. In anv case, the more restrictive shall applv in the determination of redevelopment. The 50 percent threshold for impervious area and/or assessed value of improvements shall be calculated cumulativelv over a 5-vear period. IL Loss of storaqe or convevance volume resultinq from direct impacts to wetlands shall be compensated for bv providinq an equal amount of storaqe or convevance capacitv on site and within or adiacent to the impacted wetland. 2 1,107 Amend the LDC12007-Cycle 21LDC packetl01160B BCCIBCC 01160B.,doc Text underlined is new text to be added. Text E:tril~etRrebl9f:l iE: SI:lFrent text ta S8 deletes. Bold text indicates a defined term C. Floodplain storaqe compensation calculation shall be provided on a case by case basis. based upon historical floodinq and drainaqe problem area information. as determined by staff. for developments within the desiqnated flood zones "A". "AE". and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emerqency Manaqement Aqency with an effective date of November 17. 2005. Floodplain storaqe compensation calculations shall be provided on a case by case basis. based upon historical floodinq and drainaqe problem area information. as determined by staff. for areas known to be periodically inundated by intense rainfall or sheetflow conditions, Fiqure 3.07.02 - 1 Areas of special evaluation for watershed system requirements per subsection 3.07.02 D. , 'i. ..,.jtr- r Source: Solthwestflorida feasibility Study, Collier COlll"ty ADG BAT Prqect Changes Coverage STEP4 as of July 20, 2006 175 ~, o , f. E ~ :5 o 5 10 :aJ Mill!5 3 1,107 Amend the LDC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B"doc Text underlined is new text to be added. Text stril{stAr8l:lliJA is sLmeRt--text--te. be deletes. Bold text indicates a defined term D. All development located within areas identified on Fiqure 3.07.02 -1 shall be evaluated to determine impacts to natural wetlands, flowwavs, or slouqhs, For this particular evaluation, natural wetlands, flowwavs, or slouqhs shall be tentatively identified as contiquous lands havinq a continual preponderance of wetland or wet facultative plant species and a qround elevation throuqh the maior portion of the natural wetland, flowway, or slouqh at least 1 foot lower, on averaqe, than the qround at the edqe of the natural wetland, flowwav, or slouqh. The edqe of the natural wetlands, flowwavs, or slouqhs shall be identified by field determination and based upon veqetation and elevation differences from the adiacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowwavs, or slouqhs or, when not possible. to ensure any direct impact is minimized and compensated for by providinq the same conveyance capacity lost by the direct impact. .t. All new development and redevelopment proiects shall be desiqned so that surroundinq properties will not be adversely impacted by the proiect's influence on stormwater sheet flow UP to the 25-year, 3-day desiqn storm. *************************************************************************** 6.05,01 Stormwater Management System Requirements A complete stormwater management system shall be provided for all areas within the subdivision or development, including lots, streets, and alleys. A. The system design shall meet the applicable provisions of the current County codes and ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida Administrative Code, and any other affected state and federal agencies' rules and regulations in effect at the time of preliminary subdivision plat submission. 8, Where storm water runoff from outside the subdivision or development historically passes on, over, or through areas of the subdivision or development, such runoff shall be included in the stormwater system design. The system shall be designed for long life, low cost maintenance by normal methods and provide for optimal on-site detention of stormwater runoff and groundwater recharge in accordance with applicable County and SFWMD regulations. C. Any structure with an outside wall which is closer than ten (10) feet from a side property line shall install properly sized (minimum twenty-four (24)-square inch cross-section) gutters and downspouts to direct stormwater away from neighboring properties and toward front and/or rear swales or retention/detention areas. D. In-ground percolation type retention systems such as rock trenches, exfiltration trenches or beds, infiltrator type systems, gallery type systems, etc., shall not be used to achieve water quality retention for residential subdivisions. Rear yard open retention systems shall likewise not be designed to achieve water quality retention on projects submitted after January 1, 2002, All retention systems for 4 1,\07 Amend the LDC\2007.Cycle 2\LDC packet\01160B BCC\BCC 01160B-,doc Text underlined is new text to be added. Text striketArslolgA is EiIolFr-eAt text ts be 8elete8. Bold text indicates a defined term projects designed after January 1, 2002, shall be on common property owned and maintained by a homeowners' association or similar entity. E, Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the governmental agency which has jurisdiction. Canals located entirely within the subdivision and which do not form a part of the public water management system shall be dedicated to the public, without the responsibility for maintenance, as a drainage easement. A maintenance easement, of a size acceptable to the County Manager or designee or other governmental agency with maintenance responsibility, shall be provided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance, F. The desiqn of the stormwater manaqement system shall fully incorporate the requirements of the Interim Watershed Manaqement requlations of LOC Section 3.07,00. ****************************************************************************** 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements 1. Purpose. a. The purpose of this section is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: I. Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. ii. Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments iii. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity, b. Further, it is the purpose of this section to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. 5 1,107 Amend the lDC\2007 -Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Tmft striketArsuQA is GblFr-ent tmlt ta be deletes. Bold text indicates a defined term c It is also the purpose of this section to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations, 2. Applicability! environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or 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 changes in location to preserve areas are proposed; ii Greater impacts to jurisdictional wetlands or listed species habitats are proposed; iil. New listed species have been identified on site; or iv. A previous EIS is more than 5 years old. 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 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. 3. Submission and review of EIS, A completed EIS, in written and digital format, shall be submitted to County Manager or his designee for approval, denial or approval with modifications. No development or site 6 1;\07 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text strill.ethrel.lgt:a is ~b1rreF1t text te l3e aeletes. Bold text indicates a defined term alteration will be started without this approval and permits required by law, Failure to provide full and complete information shall be grounds for denial of the application, The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. 4. Information required for application. a, Applicant information. i. Responsible person who wrote the EIS and his/her education and job related environmental experience. ii. Owner(s)/agent(s) name, address, phone number & e-mail address. b. Mapping and support graphics, L General location map, ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County, Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided, A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. III. Topographic map, and existing drainage patterns if applicable, Where possible, elevations within each of FLUCFCS categories shall be provided. iv, Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. v. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. 7 L\07 Amend the LDC\2007 -Cycle 2\LDC packet\011608 BCC\BCC 011608..doc Text underlined is new text to be added. Text strikethrel:J(3A is CldrreRt tS)(t ts be aeleted. Bold text indicates a defined term vi. Development plan including phasing program, seNice area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. vii. Site plan showing preseNes on-site, and how they align with preseNes on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conseNation lands, conseNation acquisition areas, major flowways and potential wildlife corridors. viii. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan, c, Project description and GMP consistency determination. i. Provide an overall description of the project with respect to environmental and water management issues, ii. Explain how the project is consistent with each of the Objectives and Policies in the ConseNation and Coastal Management Element of the Growth Management Plan, where applicable. d, Native vegetation preseNation. i. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). ii. Explain how the project meets or exceeds the native vegetation preseNation requirement in Goal 6 of the ConseNation and Coastal Management Element of the Growth Management Plan, and Chapters 3 and 10 of the Land Development Code. Provide an exhibit illustrating such, Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 3 and 10 of the 8 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text st~il~ethrQl.IgA is ClJrreRt text te 138 deletes. Bold text indicates a defined term Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. iv, Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. v. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved e. Wetlands. i. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2,1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators, Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site, iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, For sites in the RFMU district, provide an assessment, based on the South 9 1,\07 Amend the LDC\2007.Cycle 2\LDC packet\01160B BCC\BCC 01160B-,doc Text underlined is new text to be added. Text strjJ~etAre\J9R is Sl::lrfeAt text te be deletes. Bold text indicates a defined term Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU district, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method, f. Surface and ground water management. I. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. il. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions, This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. iil. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM- STs. IV. The desiqn of the proposed stormwater manaqement system and analysis of water quality and quantity impacts shall fully incorporate the requirements of the Interim Watershed Manaqement requlations of LDC Section 3.07,00. ****************************************************************************** 10.02.03 Submittal Requirements for Site Development Plans A. Generally. 1, Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a 10 1,\07 Amend the lDC\2007.Cycle 2\lDC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text str!kethral.lgt-l is Gl.Irrent tmct te be EleleteEl. Bold text indicates a defined term building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces! the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access! the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a, Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development), b. Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04 8A. c. Underground construction; utilities, communications and similar underground construction type activities. d, Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code, e, Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04.04. f. Project entryway signs, walls, gates and guardhouses. g. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing! improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. Minimum landscape buffering. Under certain circumstances with neighborhood parks, there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 11 1;107 Amend the LDC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Tellt strikett:arsugh is Eament tela 1s be EleleteEl. Bold text indicates a defined term 4.06.02. The County Manager or his designee will determine, on a case- by-case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the applicant, which must include all reasons that would justify the deviation. The County Manager or his designee will use factors including, but not limited to, the following when making a determination for deviation: a. The geographic location of the neighborhood park b. The effects that a lack of buffering will have on neighboring uses; and c, The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. While the above land use activities shall be exempt from the provisions of section 10.02.03, these land use activities are subject to all other provisions of the Land development Code such as but not limited to landscaping (with the exception of g., as listed above), tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 10.02.03 A4., standard application requirements as described in section 10.02.03 A, may be waived in part or in full by the County Manager or his designee for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 1002.03 B, addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the planning department for review and approval. a. School board review ("SBR") application contents. The SBR application submittal will be in accordance with section 10.02.03 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of educational facilities and ancillary plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. b, The expedited site plan for school board review, as referenced in section 10.02.03 A3,a. of the Land Development Code, will consist of the following areas of review: 12 1,\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608.,doc Text underlined is new text to be added. Text E:tril~etRrelJgA is Gl:lrrSRt text tEl be deletes. Bold text indicates a defined term i. Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following requirements must be met: (a) That portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy, (b) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (c) Chapters 3 and 10 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. (d) Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (e) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps, (f) South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. ii. Compatibility review. The County will conduct a compatibility review that will take into account the Architectural and Site Design Standards contained within Section 5,05.08 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities, In addition, The Utility Billing and Customer Service ("UBCS") Department shall ascertain 13 1;\07 Amend the LOC\2007.Cycle 2\LOC packet\011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text stril{etRnnJ!i'lA is Sl;lrfeAt tm~ ts be ssleted. Bold text indicates a defined term that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this compatibility review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in this section 10.02.03(A)(3)(c) of the Code in the event that the County denies the application based on non- compliance with the items listed in this paragraph. iii. Landscaping and buffering. Chapter 4.06,00 of the Code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and ancillary plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this section can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in this Chapter 10 of the code, but the deviation shall be in the format required by Section 5.05.08 of the code. IV. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an environmental impact statement ("EIS") to be submitted, (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife 14 1,\07 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608"doc Text underlined is new text to be added. Text Etrikett:trsu~t:J iE current text t9 ee aeletea. Bold text indicates a defined term Conservation Commission ("FFWCC") agency permits, (d) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (e) The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands The School Board must comply with the set percentages of native vegetation preservation. (f) An exotic vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and ancillary plant prior to the issuance of a Certificate of Occupancy. (g) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. v. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply, The School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. vi. Collier County Stormwater Management Policies as follows: (a) A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (b) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. 15 1;\07 Amend the LOC\2007-Cycle 2\LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. +eoo-E:triketArel:l~t:J is Gl:lrreAt text te l3e deleted. Bold text indicates a defined term (c) Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (d) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. @} All proposed development activities will be fullv in compliance with the Interim Watershed Manaqement reQulations of LDC Section 3.07.00. ****************************************************************************** 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. 1, Procedures for preliminary subdivision plat. a. Optional. The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. i. Abandonment/Cancellation of existing approved PSP's, The applicant may chose to abandon/cancel any PSP that was approved prior to February 11, 2004 in the event that the FSP has not been approved. If the applicant chooses to abandon, then the only process that will be applicable to that applicant is the final subdivision plat process in the same manner as if the PSP option was never exercised. Any portion of the original PSP for which a Final Plat has not been approved would therefore require a separate Final Plat according to procedures in effect at the time of submittal. b. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the 16 1;\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text striJ~etArel:l!iR ;s GblrreAt te}{t te se deletes. Bold text indicates a defined term County Manager or his designee a preliminary subdivision plat which meets the requirements contained in this section. c Review and determination of approval, approval with conditions, or denial by County Manager or his designee. After receipt of a completed preliminary subdivision plat, the County Manager or his designee shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in this section, Based on the review and evaluation, the County Manager or his designee shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 10.02.02 of this Code. If the County Manager or his designee should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners, 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process, 3, A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: a. A preliminary subdivision plat shall consist of a series of mapped information sheets on only standard size 24-inch by 36-inch sheets to include, but not be limited to, the following: i. Cover map sheet; 17 LI07 Amend the LDC\2007.Cycle 21LDC packetl01l608 BCCIBCC 01l608-doc Text underlined is new text to be added. Text striketArsl::IQA is Eil:lrr:eAt tela ts 138 Eleleted. Bold text indicates a defined term ii. Boundary and topographic survey; iii. Preliminary subdivision plat with right-ot-way and lot configurations! iv, Natural features and vegetative cover map! for proposed site alteration(s) within the coastal zone, vegetative cover map shall also comply with section 3.03,02 B.; v. Master utilities and water management (drainage) plans; vi. Aerial map; and vii. Standard right-ot-way cross-sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the County Manager or his designee. b. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. c. A vicinity plan showing the location of the tract in reference to other areas of the county. d. North arrow, graphic scale and date. e. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. f. The location and names of adjacent subdivisions, if any, and plat book and page reference. g, The tract boundary with bearings and distances along with written description and location relative to section corners. h. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes, wetlands, possible archaeological sites and other significant features, i. All existing streets and alleys of record on or adjacent to the tract including name, right-ot-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary, 18 1;\07 Amend the LOC\2007.Cycle 2\LDC packet\011608 BCC\BCC 011608.,doc Text underlined is new text to be added. Tmft strihetnfElblgn is CblrreRt text te ee deleteEl. Bold text indicates a defined term j. All existing property lines, easements and rights-ot-way of record, their purpose, and their effect on the property to be subdivided, k. The location and width ot all proposed streets, alleys, rights-ot- way, easements and their purpose along with the proposed layout ot the lots and blocks, Proposed street names shall be identified on all public or private thorough-fares. Typical right-ot- way and pavement cross sections shall be graphically illustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. I. The incorporation and compatible development of present and future streets as shown on the traffic circulation element of the Collier County growth management plan, when such present or future streets are affected by the proposed subdivision. m, Access points to collector and arterial streets showing their compliance to the requirements established by this section or a zoning action previously approved by the board of county commissioners. n, Ground elevations based on the NGVD, 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. o. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided, p. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth, q. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit development or zoning ordinance, by project name and ordinance number, shall be shown. r. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjacent to the tract including existing or proposed water and sewage treatment plants. The preliminary subdivision plat shall contain a statement that all utility services shall be available and have been coordinated with all required utilities, Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision, 19 1;\07 Amend the LOC\2007.Cycle 2\LOC packet\011608 BCC\BCC 011608.,doc Text underlined is new text to be added. Text stril~ett:UQbl9R is SblrreRt telR tEl be aelates. Bold text indicates a defined term s. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. t. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. For fee-simple residential lots, the illustration shall portray the type of unit identified by LOC definition and developer's description to be placed on each lot (example: Lots 1-20, single-family attached (patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and/or separation of structures. Also for fee simple residential lots, the illustration shall portray the location of typical units on atypical lots (such as cul-de- sac, hammerhead and all irregular lots). For non-residential lots (e.g" multi-family amenity lots or parcels, commercial/industrial lots), the illustration shall portray setbacks & building envelope. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form, Where more than one type of dwelling unit (e.g" single-family detached, single- family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. A table shall be provided showing lot area and lot width for each irregular lot, regular corner and interior lots may show only typical width and area. u. An environmental impact statement pursuant to section 10.02.02 of this Code, except that the applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the development of the land or where a prior environmental impact assessment was prepared for the same area of land within five years from the date of submission of the preliminary subdivision plat. v, Locations of all wetlands, archaeological sites, endangered or threatened species, on the parcel. The following natural feature map shall be provided, as required, based on the nature of the property in question: i. A map of all wetland area locations as delineated by all agencies having jurisdiction over such wetlands. ii. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state-recognized archaeological group. iii. A map of all locations of other natural features as required by [the] County Manager or his designee or any other regulatory agency having jurisdiction over such features. 20 1;\07 Amend the LDC\2007.Cycle 21LDC packellO 11608 BCCIBCC 011608. ,doc Text underlined is new text to be added. Tmft striketRFSlJ€JA is GlJrr-eAt to)ft ta Be G1eJeteGl. Bold text indicates a defined term iv, A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern, Such map shall be based upon delineation criteria of the appropriate governmental or regulatory agencies for such species. W. The location of buffered areas required by section 4.06.01 shall be illustrated and dimensioned if appropriate at this time. x, A subdivision that generates 1,000 ADT (average daily trips) or 150 vehicles per hour, peak hour/peak season shall submit a traffic impact analysis. The traffic impact analysis shall be prepared by an engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development. y, A master water management plan outlining the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management and development of the subdivision, The master water management plan for projects that are 40 acres or less shall consist of a plan and report with preliminary design calculations indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent information pertaining to the control of storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, FAC., as amended). In cases where modifications or improvements are not planned for existing major watercourses and their principal tributary drainage facilities, this requirement may be accomplished by so indicating on the preliminary subdivision plat. z, All plans and plattinCl documents shall be prepared fully in compliance with the Interim Watershed ManaClement reQulations of LDC Section 3.07.00. ****************************************************************************** 8, Final plat requirements. 1. Protected/prese/Ve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final 21 1;\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Toxt striJmtlm:HIQR is ClJrreAt te1(t te l3e seleteEl. Bold text indicates a defined term subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed, Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or his designee; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan, All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. 2. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities, Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. 22 LI07 Amend the LDC\2007-Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Text strikethreblgh is GlmeRt tmrt te 138 eeletes. Bold text indicates a defined term The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 3. General requirements for final subdivision plats. a. Ten prints of the final subdivision plat shall be submitted along with the improvement plans, No final subdivision plat shall be approved unless the improvement plans shall have been reviewed and accepted by the County Manager or his designee. b. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 10.02,05 A.5. The final subdivision plat shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite periOd not to exceed 18 months. The improvements required by this section which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the County Manager or his designee prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision perforrnance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section c. below. c. At the time of submission of the final subdivision plat, the applicant shall submit a statement indicating whether the required improvements are to be constructed prior to the recording of the final subdivision plat or after recording under subdivision performance security posted with the county as provided for in this section, When the required improvements are to be completed after recording under guarantees as provided in this section, the final subdivision plat upon submittal shall be accompanied by the following: d, An opinion of probable construction cost prepared by the applicant's profeSSional engineer, or the actual contractor's bid, which includes the cost of all required improvements, 23 1;\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text stril~etArsblgh is GblrreAt text te 8e EleJeteEl: Bold text indicates a defined term e. Subdivision performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no subdivision performance security shall be required. Subdivision performance security shall be required of an independent special-purpose government such as a community development district (COD). The subdivision performance security shall be in one of the following forms: (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond, (4) Construction, maintenance and escrow agreement. f. After the final subdivision plat has been approved by the County Manager or his designee for compliance with this Code as provided in this section, the applicant shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction permits, The applicant's professional engineer shall also submit a digitally created construction/site plan documents, one disk (COROM) of the master plan file, including, where applicable, easements, waterlwastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NA083/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (OXF) format; information layers shall have common naming conventions (i.e, right-of-way--ROW, centerlines--CL, edge-of-pavement--EOP, etc.), For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with alllinework pertaining to the property feature located on that layer. Example: parcels--AII lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions--Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or his designee prior to commencing development within any phase of a project requiring such permits. 24 1;\07 Amend the LDCI2007.Cycle 2\LDC packet\01160B BCC\BCC 01160B-,doc Text underlined is new text to be added. Text striketArB\:lgA is surreAt text tEl be deleted. Bold text indicates a defined term g, Approval of the final subdivision plat shall not constitute acceptance of the dedicated facilities or areas. Acceptance of any such dedicated facilities or areas and responsibility for their maintenance shall be by separate resolution of the board of county commissioners. h. All conveyance instruments shall be in a form approved by the county attorney prior to their submission to the board of commissioners for acceptance. If requested by the County Manager or his designee, the grantee shall provide, at no cost to the county, a title opinion, or certificate in a form promulgated by the Florida insurance commissioner, which is in conformance with the county's procedures for acquiring real property interests. No conveyance instrument shall be recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance by the board of commissioners. L All plans and plattinq documents shall be prepared fullv in compliance with the Interim Watershed Manaqement requlations of LOC Section 3,07.00, 25 1,\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608..doc Text underlined is new text to be added. Text striJ~etAr9l:1QA is curreAt text te be deletes. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK- 26 1,107 Amend the LDC\2007 -Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text str:](ett:tFSlJljR is GlJFFeFlt text tGl Be deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES -Zoning Department AUTHOR: Catherine Fabacher DEPARTMENT: Zoning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC5:26, LDClO:32 LDC SECTION(S): 5.04.07 10.02.03 Permit for Outdoor Serving Areas With or Without Entertainment, Submittal Requirements for Site Development Plans CHANGE: Add requirement for a permit for outdoor serving areas; which is to be approved administratively or through the Board of County Commissioners for applications with a noise ordinance violation history. Add requirement to submittal requirements for site plan for outdoor serving areas and a process whereby the County Manager or designee can determine at site development plan review that the outdoor serving area has potential compatibility uses with adjacent residential zoning districts and/or residential uses. The new procedure also provides a process under which the compatibility issues can be negotiated with the applicant and the County Manager or designee is given the ability to require the provision of additional measures (beyond Code requirements) to mitigate the impacts of the outdoor serving area on adjacent residential property. REASON: In order to ensure a healthy relationship and minimize health, safety and welfare issues between nearby businesses, the establishment's customers and the surrounding property owners. FISCAL & OPERATIONAL IMPACTS: Cost of application fee should be borne by applicant and should be of a sufficient amount to cover the cost of processing the applications. At this point the estimated fee is approximately $300,00 for administrative issuance of a one-time permit for outdoor serving areas with entertainment on private property. There will be a nominal fee associated with the issuance of a code violation history to be issued by Code Enforcement (yet to be determined) and submitted as a requirement by all applicants. RELATED CODES OR REGULATIONS: Section 10.02.03 Submittal Requirements for Site Development Plans and the Collier County Noise Ordinance (No. 90-17) in the Code of Laws and Ordinances. GROWTH MANAGEMENT PLAN IMPACT: None 27 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text &triketAr-slIQA is Gl:meAt tm(t te se deleteEl. Bold text indicates a defined term OTHER NOTESNERSION DATE: Created March 19,2007; revised May 4, 2007 after DSAC; and revised August 23, 2007 per CCPC. Revised September 10, 2007, per the CCPC. Revised September 17, 2007. Revised September 20, 2007, per the CCPC. Revised January 10,2008 and January 13,2008 per CCPC Amend the LDC as follows: 1.08.02 Definitions Amplified sound: The use of a public address system. loudspeaker, amplifier and any other device which electronically qenerates or auqments the volume of sound. * * . * * * * * * * * * 5,04.07 Permit for Outdoor Servina Areas With or Without Entertainment A. Applicability. No person shall own or operate an outdoor servinq area for food and/or beveraqes within the unincorporated area of Collier County unless a one-time permit is obtained, in accordance with the provisions set forth herein. .L These requirements shall not apply if the residential use or zoninq district is part of a mixed use proiect. approved throuqh the conditional use process; a mixed use proiect. approved throuqh the mixed use proiect approval process or part of a Planned Unit Development (PUD) component desiqnated as mixed use. 2. A temporarv use permit to operate an outdoor servinq area may be issued administratively unless a findinq of violation of the Collier County Noise Ordinance (Ord. No. 90-17. as amended) has been issued to the owner/manaqer of the location by the Collier County Code Enforcement Department. 3, Permit applications for outdoor servinq areas by owners/manaqers who have a findinq of violation of the Noise Ordinance within the past 12 months shall be heard by the Board of County Commissioners durinq any reqularly scheduled meetinq. a. The Board of County Commissioners shall make the final determination as to whether or not to approve. deny, revoke or approve with conditions any temporarv use permit pertaininq to outdoor servinq areas. 28 1;\07 Amend the LDC\2007.Cycle 2\LDC packet\011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text 5trikBtRrI~HJ€l1=l is Gl;:lrreAt text ts be aeleted. Bold text indicates a defined term 4. All operators of eatina and/or drinkina establishments with existina outdoor servina areas shall obtain a permit no later than Septembef30.2008. Failure to obtain the permit will result in the issuance of a notice of violation. 5, Such permit shall be transferred if the owner sells. leases or otherwise disposes of the outdoor servina area or the premises upon or in which the outdoor servina area is operated. to anv person bv filina the appropriate transfer application to the Zonina Department. .!L Transfers shall be administrativelv approved. unless a findina of violation of the Noise Ordinance has been issued to the owner/manaaer within the last 12 months, In that case. an application for an outdoor servina area permit transfer shall be heard bv the Board of Countv Commissioners. 6. The issuance of such a permit shall not eliminate the obliaation of the applicant to obtain all other permits reauired under local. state and federal reaulations: includina. but not limited to: live performance music and/or amplified sound permits. occupational licenses. alcohol licenses. special event permits and the like. B. Application. l An applicant for a permit to operate an outdoor servina area shall submit the followina: a. a completed application. as prescribed bv the Countv Manaaer or desianee: b. a code violation historY issued bv the Collier Countv Code Enforcement Department dated no more than 30 davs prior to the date of the application submittal: sc. a valid non-residential zonina and land use certificate issued bv Collier Countv: d. an application fee as specified in the CDES fee schedule: and e. a site plan of the outdoor area with notation indicatina proximitv to anv adiacent residential zonina or uses within 2500 feet of the proposed outdoor servina area. 2, In the interpretation and application of anv provision of these reaulations. it shall be held to be the minimum reauirement 29 1,\07 Amend the LDC\2007.Cycle 2\LDC packel\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text stFiltetArsblQA is SblrreAt t8)<< te se Gfelsted. Bold text indicates a defined tenn adopted for the promotion of the public health. safety. comfort. convenience. and qeneral welfare of unincorporated Collier County and its residents. In determininq whether to issue a permit. the Board shall be entitled to deny/revoke a permit where: a. the use will not be of a type or intensity consistent with surroundinq land uses and the reasonablv quiet and peaceful eniovment thereof; b. the use will cause any danqer or health hazard to any person; c. the use will result in the depletion. destruction. removal. tramplinq or other damaqinq of existinq veqetation; d. the use will be conducted in violation of Land Development Code or any other County codes; e, the use will not have sufficient areas. available on private lands. for parkinq to accommodate the extra seatinq as required bv subsection 4,05.04 G. of the Code; l in the case of a special event that has been previouslv held at the facilitv. the operator has not demonstrated compliance with permit conditions or with any previous permit. includinq without limitation. siqnaqe restrictions; or a. the lavout does not complv with the provisions of the Life Safety Code. C. Suspension of permit .L The approval of an outdoor servinq area permit is temporary at all times, An outdoor servinq area permit may be suspended bv the County Manaqer or desiqnee upon a findinq that one or more conditions of this section have been violated. or bv the issuance of a findinq of violation of the Noise Ordinance. 2. The suspension order shall be in writinq. settinq forth specific reasons and providinq an effective date. The suspension shall remain in effect until such time as a public hearinq is conducted bv the Board of County Commissioners to revoke the permit or lift the suspension. D. Operatinq Requlations 1, No owner/manaqer shall operate or permit the occupancy of any outdoor servinq area that is located within 1.000 feet of any lands with a residential or estates zoninq desiqnation or which is used for residential purposes durinq the followinq times. 30 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608. doc Text underlined is new text to be added. TeJ~ striketRrsblQR is GblrreAt t81ft te 138 a8lete8. Bold text indicates a defined term Sunday throuqh Thursdav 11 :00 pm. - 11 :00 a.m. Fridav throuqh Saturday 12:00 a.m. - 11 :00 a.m. 2, Everv owner/operator shall at all times post in all outdoor servinq areas. in a location which is visible to all patrons. a notice provided bv the County. notifvinq the patrons of the requirements of this permit. * * * * * * * * * * * * 10.02.03 Submittal Requirements For Site Development Plans A. Generally, . . . . . . . . . . . . 4. Site development and site improvement plan standards. The County Manager or his designee shall review and consider all site improvement and site development plans in accordance with the following standards: a. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space, common facilities, conservation/preservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. b. Development compliance with all appropriate zoning regulations and the growth management plan, The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe. or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval. 31 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text striketArebl~1l is Gl:lrFElAt tel<< te tae aaletes. Bold text indicates a defined term c. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping. d, Adequacy of recreational facilities and open spaces considering the size, location, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development, and the relationship to community-wide open spaces and recreation facilities, e. Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land uses as well as compatibility with adjacent land uses. f. Water management master plan on the property, considering its effect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans, Water management areas not maintained shall be corrected according to approved plans within 30 days. The engineer of record, prior to final acceptance, shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system. g. Adequacy of utility service, considering hook-in location and availability and capacity for the uses projected, h. Signage proposed for the project in conformity with section 5.06,00, and a unified sign permit shall be applied for with the submittal packet for the site development or site improvement plan. i. Architectural design of the building for all commercial developments located in any commercial zoning district. i. Outdoor servinQ areas shall be explicitlv detailed on the site plan, showinQ lavout of chairs, tables. benches, bars and other servinQ area features as may be requested. The plan shall c1earlv indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music/amplified sound will be provided as entertainment and the approximate distances of all adiacent residential zoninQ districts or residential uses within 2500 feet of the location, 32 1;\07 Amend the LDC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Text striketRrGld!3R is Sl.lrreFlt teJlt ta be aeletea. Bold text indicates a defined term development. the installation of sound attenuation devices. limitations to hours of ooeration and further restrictions on outdoor entertainment and amplified sound which, in their professional iudqment. will help to mitigate the impacts of the outdoor serving area on adiacent residential zoninQ districts and or residential use. ii. Within 30 days from an applicant's first desiqnation of the use in a site development plan. it shall be within the discretion of the County Manaqer or desiqnee to deny approval of such site development plan if. in the professional iudqment of the County Manager or deSignee. such use is believed to be not compatible with or has the potential to cause a deleterious effect upon an adiacent residential use. iii. Notice of such denial shall be promptly mailed to the applicant for the site development plan. Applicant and staff will meet at their earliest convenience to discuss and attempt to resolve the compatibility issues. which can include. but is not limited to. movinQ the questioned use to another location within the development. iv. Should the parties be unable to reach a solution. the matter will be promptly referred to the Collier County Planning Commission. At a publicly noticed hearinq, the Planninq Commission will review the proposed use make a findinq as to (1) whether the proposed use was intended for this site. and (2) whether such use can be made compatible with the adiacent residential zoninq districts and/or uses throuqh the imposition of certain conditions or restrictions, includinq but not limited to locatinq the use to another location within the development. additional bufferinq. sound attenuation devices. limitations to hours of operation. requirement of a vestibule. walls. and relocation of dumpsters, v. Should either the County or the applicant be unwillinQ to abide with the findinqs and recommendations of the Planninq Commission. the matter will then be forwarded to the Board of County Commissioners for a public hearinq, to be conducted in the same manner as LOC Section 10.08.00. except that for notice purposes 10 days prior notice by publication will be sufficient. t]s. Such other standards as may be imposed by this Code, the growth management plan or other applicable regulations for the particular use or activity proposed, 5. Conceptual site development plan review and approval. At the request of 33 1;\07 Amend the LOC\2007.Cycle 2\LDC packet\01160B BCC\BCC 01160B-,doc Text underlined is new text to be added. Text striketRrsbl9A is GblrreAt text ta be deletes. Bold text indicates a defined term the applicant and subject to the applicable fee set forth in the schedule of fees, planning services department will complete a conceptual review and issue a written summary of issues of concern and conceptual approval. This conceptual approval shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the requirements of the Code and may be approved subject to further review, changes and modifications. * * * * * * * * * * * * 34 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608"doc Text underlined is new text to be added. Text striketl:lrel:JQA is Sl;lrreRt tS1R ta be deletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC5:103-104 LDC SECTlON(S): 5.06.02 Permitted Signs CHANGE: To add a provision to the sign code to allow the installation of off-premises open house directional signs no closer than 10 feet from the edge of the pavement in the right-of-way, excluding county, state and private medians. The signs will be allowed only between the hours of 10:00 a.m. to 5 :00 p.m. on the day of a supervised open house. The signs must list the name of the real estate brokerage firm or owner, if by owner, and a phone number where they can be reached. REASON: The current sign code prohibits signs in the right-of-way, Small open house signs (no larger than 4 square feet) are currently allowed to be posted on the subject property; however, not permitted oft:premises. The County desires to assist the real estate industry by allowing a one-day exemption from the prohibition of signs in public rights-of-way to allow a maximum of 3 oft:premises opens house signs with address and directional information. Open house signs not removed by 5:05 p.m. will be confiscated and the entity responsible for any violation of the requirements may be penalized. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 5.06.05 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created November 1,2007. Revised December 2 and December 10,2007. Amend the LDC as follows: 5.06.02 Permitted Signs A. Signs within residential zoned districts and as applicable to residential 35 1,107 Amend the LOC\2007-Cycle 2\LDC packetl011608 BCCIBCC 011608"doc Text underlined is new text to be added. Tmlt stril,etAreblgR is GblrreRt text te be deleted. Bold text indicates a defined term designated 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 PUD 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. 2. Real estate signs, The following signs classified as real estate signs shall be permitted in residential districts subject to the following, a, One ground sign with a maximum height of six feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of ten feet from the edge of pavement (No building permit required.) b. One ground sign with a maximum height of eight feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) c One pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. (Buildinq permit required.) d. Real estate signs shall not be located closer than ten feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. e. Real estate signs shall be removed when an applicable temporary 36 1,107 Amend the lDC\2007.Cycle 21lDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Text striketRfQbI€lA is Sl:lfreRt tma tQ Be deletes. Bold text indicates a defined tenn use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home, f. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. 3. Temoorarv Ooen House Signs, a. Off-oremises ooen house sians. Hi L Off ~remises open hOllse Ssigns mav onlv be disolaved on suoervised ooen house days. between the hours of 10:00 a.m. and 5:00 o,m. No flaas. oennants, balloons. or other attention type devices may be used with such sians and they shall not be liahted or illuminated in any manner. i iL One off premises open hOllse sign may be placed in the public right-at-way abuttina the subiect property no closer than 10 feet from the edae of pavement the road. The sign shall be allowed only between the hOllrc sf 10:00 3,m. and 5:90 p.m, on the day of 3 sllpervised open hOllse. (No building or riaht-at-way permit reauired,) ii liL Two temporary open house sians may be placed within the public riaht-at-way providina direction to a supervised open house that is available for immediate viewina and examination by prospective buyers, renters. and/or lessees. Such siqns shall be located no closer than 100 feet from another temporary open hOllse siqn orovidina direction, (No buildina or riqht-at-way permit reauired.) i'L Off premises open house sSians shall not exceed 4 sauare feet in COpy area and 4 feet in heiaht; however, any such siqn placed at an intersection may not exceed 29 inches in heiaht as per section 6.05.05 of this Code. v. Off pr.emises open house Siqns may be placed in the riaht-at-way no closer than 10 feet from the edae of pavement the road and shall not interfere with the visibility of pedestrians or motorists. Additionally, signs shall not be located within any median. vi. Each off premises open hOllse sian must bear the name of the real estate brokeraae firm. or the property owner's name if by owner. and the local telephone number where they ca n be contacted, vii. Sian Removal. Retrieval, and Disposal. Off-premises open house sians shall be prohibited except as specified above. 37 1;\07 Amend the LDC\2007.Cycle 2\LDC packetl011608 BCCIBCC 011608"doc Text underlined is new text to be added. Tmlt striketRrel;lQR is Sl;lrFeAt text t8 be deleted. Bold text indicates a defined term Any such sian found to be in violation of this section shall be removed by the County Manaaer or desianee All such removed sians are subiect to disposal by the County. This section shall not inhibit nor prevent any other enforcement actions that may be deemed appropriate. J 1. Model home signs, One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in height and 32 square feet in size, Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 4 Q. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: a. One ground sign with a maximum height of six feet or wall sign, with a maximum of four square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required,) b. One ground sign with a maximum height of eight feet or wall sign, with a maximum of 12 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size, (No building permit required.) c. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of ten acres in size. d. One ground or wall sign, with a maximum of four square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required.) e, Advertising of any kind is not permitted on construction signs. e Q. Residential directional or identification signs, Directional or identification signs no greater than four square feet in size, and located internal to the subdivision or development may be allowed subject to the approval of the County Manager or his designee, or his designee, Such signs shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc, These signs may be clustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet. Such clustered signs shall require a building permit. For signage to be located along the Golden Gate Parkway see section 2,03.07. 38 1,107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Tmft striketArel:l€lA is S~rFeAt text te be aeletes. Bold text indicates a defined term 9 Z. On-premises signs within residential districts. Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. b. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located, c. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than ten feet to any sign, then it should be considered an integral part of the sign and shall be subject to the restrictions of this section. +- ~, Conditional uses within the residential and agricultural districts. a. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Corner lots are permitted two such wall signs. b, Conditional uses within the agricultural district in the urban area, residential and estates districts with a street frontage of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground sign with a maximum height of eight feet and a maximum area of 32 square feet. c. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No building permit required.) d. The board of county commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. . . . . . . . . . . . 5.06.05 Signs Exempt From These Regulations . . . . . . . . . . * 39 1,107 Amend the LOC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text strH(etAreblgA is GblFreFlt text te be seletes. Bold text indicates a defined term H. OnD on wemisDs SigA not to exceed four square feet in size. Such SigA shall not be located within ten feot of any property line, right of way or easemeAt. Temporary open house siqns (see subsection 5.06.02 A. 3.). 40 1,107 Amend the LDC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Text strikett:1rsf.lgl:1 is Gf.lrr-eRt tela ts ee deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Code Enforcement AUTHOR: Michelle Arnold DEPARTMENT: Code Enforcement AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC5:l20 LDC SECTION(S): 5.06.06 Prohibited Signs CHANGE: I) Correct reference code found in 5.06.06 Prohibited Signs to sections in 5.06.04 Sign Standards for Specific Situations, created by previous amendments. 2) In addition, to add an exemption to the prohibited sign section for county transit vehicles and government vehicles providing public information. REASON: I) Previous LDC amendments have created the need to change reference quotes within the sign code. 5.06.06 prohibits certain signs and references sections of the code that have changed within 5.06.04. 2) As a result of the review of the sign code for pending litigation regarding signage on a vehicle with moving copy, an issue regarding vehicle signage was identified. Staff's review revealed that there was no exemption noted in the Code for the County Transit System, The current sign code includes an exclusion from the prohibition of signs mounted on vehicles for emergency vehicles. The County transit buses have digital signage that provides information to the public identifying the next destination; which is a benefit to those who use this mode of transportation. The benefit to the public warrants its exclusion from this prohibition. In addition, it is being recommended that the exclusion apply to situations such as the use of government vehicles for public information in the case of an emergency event. FISCAL & OPERATIONAL IMPACTS: Minimal. RELATED CODES OR REGULATIONS: 5.06.04 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: September 20,2007 Amend the LDC as follows: 41 1,107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCIBCC 011608..doc Text underlined is new text to be added. Text striketl:lFsl:Igf::1 is SblrFeAt tma ts be seletes. Bold text indicates a defined term 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: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs, C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06,04 C.4-211.a.1! D. Flashing signs or electronic reader boards, E. Rotating signs or displays, except barber pole signs complying with section 5.06,04 C.4-213.b, F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or public rights-of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency, H. Billboards. I. Strip lighted signs. J, Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts, K. Roof signs, L, Portable signs. M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be 42 1,\07 Amend the LDC\2007.Cycle 2\LDC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text 5trihetArel::l~A is GlomBAt tela te l3e deleted. Bold text indicates a defined term reasonably confused with or construed as, or conceal, a traffic control device, State law references: Display of unauthorized traffic signs, signals or markings, F,S. ~ 316.077. N. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. o. Wind signs (except where permitted as part of this section of this Code). P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5,06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U, Any sign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). v. Any sign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W, Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. 43 1,107 Amend the LDC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Text striketRrelJ(3R is Gl.lrreAt tS}(t te l3e Gelated. Bold text indicates a defined term x. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, county transit vehicles providinq directional or route information, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code, It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Any sign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic, z. Any sign which advertises or publiCizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code, AA. No sign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatable signs. CC. Accent lighting as defined in this Code, DD, Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside, signs that comply with the provisions of section 5.06.05 (V) of this Code are exempt from this section. EE. Human directional signs. People in costumes advertising stores or products, FF, Attachments to signs, such as balloons and streamers. GG. Banner signs. HH. Pennants. II. Bench signs, JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. 44 1,\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608"doc Text underlined is new text to be added. Text strik8thF9lJ~A is ClJrr-sAt text ts be Galetea. Bold text indicates a defined term KK. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section, Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03,03 D. LL. The use of fluorescent colors is prohibited (Ord, No. 04-72, 93.U) 45 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. ~FiketlmH::lQ~ is GloIrrent text te se deleted. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK- 46 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608"doc Text underlined is new text to be added. Tem: strikett-lrSIJQR i& GloIrreAt text ts be Qelated. Bold text indicates a defined tenn LDC Amendment Request ORIGIN: CDES AUTHOR: John Podczerwinsky DEPARTMENT: Transportation Services AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC6:20-21, LDCI0:13l LDC SECTION(S): 6.06.01 Street System Requirements 10.02.13 Planned Unit Development (PUD) Procedures CHANGE: Insert boilerplate transportation language found in previous PUD documents into the Land Development Code. REASON: Under direction from the Collier Count Planning Commission, the Zoning Department has restructured the document accompanying applications for Planned Unit Development (PUD) approvals. The Transportation Department is requesting that transportation standard requirements be added to the Land Development Code, so that the Division may streamline transportation comments that heretofore were addressed as comments within the PUD document. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 10.02.13 Planned Unit Development (PUD) Procedures GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created on August 30, 2007. Revised on September 5, 2007. Amend the LDC as follows: 6.06.01 Street System Requirements A. The arrangement, character, and location of all streets shall conform to the GMP and shall be considered in their relation to existing and proposed streets, topographical conditions, public convenience, safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 47 1;107 Amend the LOC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B-,doc Text underlined is new text to be added. Text striketRrSl:J!;lR is SlJrreAt text ts be seletes. Bold text indicates a defined term B. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. adjacent properties shall be provided with local street interconnections unless topography, other natural features, or other ordinances/regulations do not allow or require said connections. All arterial or collector streets shall be planned to conform to the GMP, collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right-of-way cross-section must be reviewed and approved by the County Manager or designee during the preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in conformance with the GMP and the right-of-way cross-section contained in Appendix B. All streets shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life, and low cost of maintenance. C. Every subdivision or development shall have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or the County, as described in Chapter 10. When a subdivision or development does not immediately adjoin such a street, the applicant shall provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site. All lots within a subdivision or development shall be provided legal access to a street dedicated for public use. 1. Nothinq in anv development order (DO) shall vest a riqht of access in excess of a right-in/riqht-out condition at anv access point. Neither shall the existence of a point of ingress. a point of eqress, or a median openinq. nor lack thereof. be the basis for anv future cause of action for damaqes aqainst the County by the developer. its successor in title. or assignee. Collier County reserves the riqht to close any median openinq existing at any time which is found to be adverse to the health. safety and welfare of the public. Any such modification shall be based on. but not limited to, safety. operational circulation and roadway capacity. 2. Access points shown on a PUD Master Plan are considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however. no additional access points shall be considered unless a PUD amendment is approved. 3. D. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or arterial streets to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements of the GMP, this LDC, or other 48 1;\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608.,doc Text underlined is new text to be added. Text f:triketRr..el::l€lh is S1:mSRt text tel3e deletes. Bold text indicates a defined term ordinances and regulations. Where a subdivision or development abuts an existing or proposed public arterial or collector street, buffering shall be required per Chapter 4. E. Rural type roadway cross-sections shall only be considered for permitting on a case-by-case basis. The design of a rural cross-section and its required right-of- way width shall be based on the drainage characteristics of the required swale section and the relationship of the maximum stormwater flow line to the bottom of the subbase course of the roadway. A detailed design report documenting these considerations shall be submitted for review and approval by the County Manager or designee prior to the approval of a rural roadway cross-section. F. All public and private streets requiring a design capacity which exceeds the roadway cross-sections established herein for a minor collector shall be coordinated by the County Manger or designee prior to the approval of the project's improvement plans and final subdivision plat. G. Use of local streets by cut-through traffic shall be discouraged, using methods (like traffic calming) that do not compromise connectivity or reduce the number of access points to the subdivision. H, As applicable, the installation of turn lanes, storage lanes, deceleration lanes, parallel service lanes, or any other traffic control improvements necessary to provide safe internal movements or ingress and egress from the subdivision or development to any existing or proposed street or highway shall be required. 1. If. in the sole opinion of Collier County, traffic sianal(s). other traffic control device, sian, pavement markina improvement within a public riaht of way or easement. or site related improvements (as opposed to system related improvements). necessarv for safe inqress or eqress to the proiect. is determined to be necessary. the cost of such improvement shall be the responsibility of the developer, successor(s) or assiqns. The improvements shall be paid for or installed, at the County's discretion. prior to the appropriate correspondina certificate of occupancy (CO). 2, All traffic control devices, siqns, pavement markinq and desiqn criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition. FDOT Desiqn Standards, current edition and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. 3, If any required turn lane improvement requires the use of existinq County riahts of way or easement(s). then compensatinq riaht of way shall be provided at no cost to Collier County as a consequence of such improvementis) upon final approval of the turn lane desiqn durinq the first subsequent development order. The typical cross section may not differ from the existina roadway without written approval of the Transportation Division Administrator or desianee, I. Alleys may be provided in industrial, commercial, and residential subdivisions. Alleys may be for one-way or two-way traffic. alleys for one-way traffic only shall 49 \;\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 011608"doc Text underlined is new text to be added. Text €;tril~etRraldgA is GldrFeAt text te be E1eleteEl. Bold text indicates a defined term have the appropriate directional and instruction signage installed. Alleys shall be utilized for secondary access unless otherwise provided in this LDC. 1, Industrial, commercial, and residential alleys along the rear lot lines shall have an alley easement at least twenty-four (24) feet wide containing a vehicular pavement width of at least ten (10) feet. 2. The alley edge of pavement-radius shall be a minimum of fifteen (15) feet and shall be designed for the appropriate design vehicle. 3. Alley grades shall not exceed five (5) percent or be less than 0.3 percent. 4. All alleys created shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final plat. J. Dead-end streets shall be prohibited except when designed as a cul-de-sac When a street is designed to be extended when the adjacent property is developed, a temporary cul-de-sac and right-of-way shall be designed. Culs-de- sac in excess of 1,000 feet shall not be permitted unless existing topographical conditions or other natural features preclude a street layout to avoid longer culs- de-sac. When conflicts occur between the design standards of this section and Ordinance No, 86-54, the County Fire Protection Code, or its successor ordinance [see Code ch. 58, art. III], the standards of this section shall take precedence. K. Where a subdivision or development abuts or contains existing limited access highway, freeway, or arterial street, and if access is desired to adjoining property other than street connections, a marginal access street to afford separation of through and local traffic may be required by the County Manager or designee. L. Half or partial streets shall not be permitted except where essential to the reasonable development of a property in conformance with the circulation plan, the GMP, or the LDC, and, where, in addition, dedication of the remaining part of the required street right-of-way is provided. Whenever a property to be developed borders on an existing half or partial street, the other part of the street shall be required to be dedicated and constructed within such property. A proposed development or subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations shall provide for the dedication of additional right-of-way along either one (1) or both sides of said street so that the minimum right-of-way requirements of these regulations shall be established. M. Limited access strips controlling access to streets on adjacent parcels shall be prohibited except where approved by the County Manager or designee pursuant to Chapter 10. N, Where a subdivision or development includes or requires access across canals, watercourses, lakes, streams, waterways, channels, or the like, bridges or culverts shall be provided to implement the proposed street system. 50 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608"doc Text underlined is new text to be added. Text striketRrsblgh is Cl,meAt text Ie 13e deleted. Bold text indicates a defined term 0, The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be classified by the cross-sections contained in Appendix B, and will be directly related to traffic volume as indicated in the definition of each street contained herein and, where applicable, clarified by the cross-sections contained in Appendix B, Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision plat, the applicants engineer may request that the County Manager or his designee approve an alternate private right-of-way cross-section. The request shall be in writing and accompanied with documentation and justification for the alternate section based on sound engineering principals and practices. . . . . . . . . . . . . 51 1;107 Amend the LOC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. lextstriketl=lrsl.J!iJA iE Gl;.IrreAt text ts be GeleteG. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK- 52 1,\07 Amend the LDC\2007.Cycle 2\LDC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text strikett-lfsloI€jt-l is Sl;meRt text ts be fieletee. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Principal Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC1:18 LDC SECTION(S): 1.08.02 CHANGE: Add "stewardship receiving area" into definition of "development order". REASON: "Stewardship receiving area (SRA)" was never added to the definition of "development order" after the adoption of the Rural Land Stewardship Area zoning overlay into the Land Development Code. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: Rural Land Stewardship Area Overlay within the Future Land Use Element of the Growth Management Plan. GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: August 30, 2007 Amend the LDC as follows: 1.08.02 Definitions . . . . . . . . . . . . Development order: Any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, and paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, vegetation removal permits, agricultural clearing permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, conditional use (provisional use), variance, 53 1,107 Amend the LOC\2007.Cycle 21LOC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. TeJ~ striketRrelJ~R is GIoUfeAt text ts be EleleteEl. Bold text indicates a defined term stewardsnioreceiVinoarealSRA). or any other official action of Collier County having the effect of permitting development as defined in this Code. 54 1,107 Amend the LOC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text stril(stl:HElbI!@IA is Gldrrent teJR. te 88 aelates. Bold text indicates a defined term LDC Amendment~ReQuest ORIGIN: Community Development & Environmental Services Division AUTHOR: John Kelly, Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2007, Cycle 2 LDC PAGE: LDC1:35 LDC SECTION(S): 1.08.02 Definitions CHANGE: Provide accurate subsection number to definition. REASON: Purposes of clarification and specificity. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Ver. 1-08/02/2007 Amend the LDC as follows: 1.08.02 Definitions . . . . . . . . . . . . TOR credit: A unit representing the right to increase the density or intensity of development on a parcel, obtained through a Transfer of Development Rights. [~ 2.0307 D.41 . . . . . . . . . . . . 55 1,107 Amend the LDCI2007.Cycle 21LDC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text strikett:JrsloIQt:J is elUmAt text ts tie aeleted. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK- 56 1,107 Amend the LDCI2007.Cycle 21LDC pacl<etl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text striketArs\JgA is C\JITeAt text ts be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Joe Thompson, Planner DEPARTMENT: Comprehensive Planning Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: 2:36 LDC SECTION(S): 1.08.02,2.03.07 D.4.c. CHANGE: Adding definition for 'Redemption' and Changing various segments of language to align with procedural terminology REASON: Current references do not accurately describe administrative process FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: N/A GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 8/30/07. Revised November 2,2007. Amend the LDC as follows: 1,08.02 Definitions * * * * * * * * * * * * Redemption: Utilization of Rural Frinqe Mixed-Use District (RFMUD) Transfer of Development Riqhts (TDR) credit for development purposes, * * * * * * * * * * * * 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * D. Special Treatment Overlay "ST", * * * * * * * * * * * * 57 1;107 Amend the LOC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608..doc Text underlined is new text to be added. Te1R strilHltRrElbI€lR is GblrreAt text ts be deletes. Bold text indicates a defined term 4, Transfer of development rights (TOR). * * * * * * * * * * * * c. TOR credits from RFMU sending lands: General Provisions i. Creation of TOR credits. a) TOR credits are generated from RFMU sending lands at a rate of 1 TOR credit per 5 acres of RFMU Sending Land or, for those legal non- conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TOR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TOR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TOR credits generated. Where the number of TOR credits thus calculated is a fractional number, the number of TOR credits created shall be rounded to the nearest 1/1 OOth. ii. Creation of TOR Bonus credits. TOR Bonus credits shall only be generated from RFMU sending land property from which TOR credits have been severed. The three types TOR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TOR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A, and B. 3) The RMP shall provide financial assurance, in the form of a performance surety bond or similar financial security, that the RMP shall remain in place and be performed, until the 58 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text striltetRF81019R is CIomeRt text t8 be deleted. Bold text indicates a defined term earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County, state, or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County, b) Conveyance Bonus credits. Conveyance Bonus credits are generated at a rate of 1 credit for each TOR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above. c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TOR credit that is severed from RFMU sending land for the period from March 5, 2005, until three years after the adoption of this regulation. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period, However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non-RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TOR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TOR credits generated from property subject to an approved RMP % property b) Conveyance Bonus credits are calculated as follows: # TOR credits generated from property % property subject to an approved RMP and conveyed as provided in ii.b) above. 59 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text strikethfGugh it Cl:lrrSRt text tEl be aeleted. Bold text indicates a defined term c) Early Entry Bonus credits are calculated as follows: # TOR credits generated within Early Entry period 1. iv. Receipt of TOR credits or TOR Bonus credits from RFMU sending lands. TOR credits or TOR Bonus credits from RFMU sending lands may be redeemed transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in Sections 2.QJ.07.(4)(d) and (0) subsections 2.03.07 4.d and e below. v. Prohibition on redemption trane:fer of fractional TOR credits and TOR Bonus credits. While fractional TOR credits and TOR Bonus credits may be created, as provided in (ii) above, TOR credits and TOR Bonus credits may only be redeemed tmne:ferrod from RFMU sendin~ lands in increments of whole, not fractional, dwelling units. Consequently, fractional TOR credits and fractional TOR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. vi. Prohibition on severance transfer of development rights. a) Neither TOR credits nor TOR Early Entry Bonus credits shall be generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TOR Early Entry Bonus credits associated with TOR credits severed from March 5, 2004, until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance of TOR credits. b) Neither TOR credits nor any TOR Bonus credits shall be generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. Redemption Transfer of TORs development ri~hts fram RFMU sending lands into non-rfmu receiving areas. i. Redemption Transfers into urban areas. a) Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units 60 1;107 Amend the LDC\2007.Cycle 21LDC packetl01160B BCCIBCC 01160B..doc Text underlined is new text to be added. Tela: strikethrsl:I€lR is Gl:lrFeAt tela: ts t:le deletes. Bold text indicates a defined term per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element density Rating System, subject to the applicable provisions of Chapters 2 and 9 of this Code, and the following conditions: i) The project is 20 acres or less in size; ii) At time of development, the project will be served by central public water and sewer; il) The property in question has no common site development plan in common with adjacent property; iv) There is no common ownership with any adjacent parcels; and v) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be derived tr:lnsferred from RFMU sending lands and redeemed at Site Plan or prior to Plat recordation. b) Developments which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by redeeminq tr:lnsferrin@ that additional density derived from RFMU district Sending Lands. ii. Redemptions Transfers into the urban rosisential frin@e, Urban Residential Fringe shall be permitted exclusivelv throuqh the use of TDR credits and TOR Bonus credits derived may be transforres from RFMU sending lands located within one mile of the Urban Boundary inla lanss sosi@nates Urban Resisontial Frin@e to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling unit! per gross acre. e. Redemption Transfers fram RFMU sending lands into RFMU 61 1;107 Amend the LOC\2007.Cycle 21LOC packetl011608 BCCIBCC 011608.,doc Text underlined is new text to be added. Text striketRrelol~R is Gl.lrreAt text te se deleted. Bold text indicates a defined term receiving lands. i. Maximum density on RFMU receiving lands when TOR credits are redeemed IranBfurrod from RFMU sending 1amIs. a) The base residential density allowable shall be as provided in sections 2.03,08 A.2.a.(2)(a) and 2.03,08 A.2.b.(3)(a). b) The density achievable through the redemption transfer of TOR credits and TOR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03,08 A.2.a.(2)(b)(i) outside of rural villages and sections 2,03.08 A.2.b.(3)(b) and 2,03.08 A.2.b,(3)(c)(i) inside of rural villages. ii. Remainder uses after TOR credits are severed from RFMU sending lands. Where development rights have been severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03,08 A.4.b. f, Procedures applicable to the severance and redemption tram;fer of TOR credits and the generation of TOR Bonus credits from RFMU sending lands. i. General. Those developments that utilize such TOR credits or TOR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUOs, and ORis. a) The severance of TOR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted, However, those developments that utilize such TOR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUOs, and ORis. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. 62 1,107 Amend the LOCI2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text stril~etRFel;:lfJl=I is GloIrreAt text 18 be EfeleteG. Bold text indicates a defined term II. County maintaines central TOR registry. In orser to facilitate the County's monitoring ans regulation of the TOR Program, the County shall serve as the central registry for of all TOR severances. transfers (sales) ans resemptions credit ans TOR 8eRllS credits purchases, sales, ans tram;fers, as well as maintain a public central listing of TOR credits ans TOR 8enlls credits available for sale aflG alonq with a listinq of purchasers seeking TOR credits Elf TOR 8enllS credits. No TOR credit ans TOR 8enlls Gredit generates from RFMU sending lands may be utilizes to increase sensity in any area unless the following procesures are complies with in full, a) TOR credits shall not be uses to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severes from RFMU sending lands. TOR credits shall be seemes to be severes from RFMU sending lands at such time as a TOR credit Certificate is obtaines from the County aflG recorses. TOR credit Certificates shall be issues only by the County ans upon submission of the following: i) a legal sescription of the property from which the RFMU TOR credits originates, inclusing the total acreage; ii) a title search, or other evidence sufficient to establish that, prior to the severance of the TOR credits from RFMU sending lands, such sending lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; iii) an executed Limitation of Development Riqhts Aqreement legal instrument, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TOR credits as set forth in section 2.03.08 A4.b.; and iv) a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU sending lands from which the TOR credits were generated and that the value of any such remuneration is at least $25,000 per TOR credit, unless such owner retains ownership of the TOR credits after they are severed, unless the RFMU or non- 63 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text strikett-lrablgt-l is GblrreAt text ta l3e deleted. Bold text indicates a defined term RFMU receiving lands on which the TOR credits will be redeemed utilizea and the RFMU sending lands from which the TOR credits were generated are owned by the same persons or entities or affiliated persons or entities; and v) a statement attesting that the TOR credits are not being severed from RFMU sending lands in violation of subsection 2.03.07(D)(1)(c)(iv)(b) DA.c.vLb) of this the Code, vi) documented evidence that, if the property from which TDRs are being severed is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the Limitation of Development Riahts Aareement conservation easement required for TDR severance ; transfer (sale) of TDR credit; and redemption of TOR credit. b) TOR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TOR credit certificate reflecting the TOR Bonus credits is obtained from the County ana rocoraoa. 1) Early Entry Bonus credits. All TOR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TOR credit or fractional TOR credit reflected on the TOR credit certificate. Where TOR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TOR credit certificate reflecting those previously severed TOR credits, issue a TOR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TOR credits, 2) Environmental Maintenance certificate Restoration and Bonus credit. A TOR reflecting Environmental 64 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text striketl1reblijA is GblrreAt text te be GteleteEl. Bold text indicates a defined term Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sending lands from which TOR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permitting, Where the Environmental Restoration and Maintenance Credit is applied for sending lands that are also being used (title or easement) for mitigation for permits or approvals from the U.S. Army Corps of Engineers, U. S, Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands, the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit. A TOR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. c) A PUD or DRI utilizing TOR credits or TOR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TOR credits and TOR Bonus credits needed for that phase J3ortion of the development that is the subject of the site development plan or subdivision plat; and ii) a TOR transaction fee suffisient to defray the eXl30nses of the County in administering the Central TOR Registry. 65 1;\07 Amend the LDC\2007-Cycle 2\LDC packet\011608 BCC\BCC 01160B-,doc Text underlined is new text to be added. Text striketRFsldgA is GldrFEmt text te be deleted. Bold text indicates a defined term d) The developer shall provide documentation of the acquisition of full ownership and control of all TOR credits needed for the development and of recordation of the TOR credit certificates for all such TOR credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUO or OR!. e) Each TOR credit shall have an individual and distinct tracking number, which shall be identified on the TOR certificate that reflects the TOR cred it. The county TOR Activity Loq registry shall maintain an onooino record of all TOR credits, to include database designation that cateoorizes all TOR credits-ll1ase relative to that have been severance. transfer (sale) and redemption activity expended. f) The county bears no responsibility to provide notice to any person or entity holding a lien or other security interest in sending lands that TOR credits have been severed from the property or that an application for such severance has been filed. g) The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TOR credits have been severed from the property or that an application for such severance has been filed. g. Proportional utilization of TOR credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUO or ORI, TOR credits shall be redeemed deemed to be expended at a rate proportional to percentage of the PUO or ORI's approved gross density that is derived through TOR credits. All PUOs and ORis utilizing TOR credits shall require that the rate of TOR credit consumption be reported through the monitoring provisions of sections 10.02.12 ami 10.02.07(C)(1 )(b) section 10.02.12 and subsection 10.02.07 C.1.b of this Code. 66 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text striketRrebl€lR is SblrreAt text ts be deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Principal Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC2:77 LDC SECTION(S): 2.03.07.N CHANGE: Remove from Gateway Triangle Mixed Use District, Mixed Use Activity Center Subdistrict, the reference to development standards of the Mixed Use Activity Center in the Future Land Use Element of the Growth Management Plan. REASON: There are no development standards in the Growth Management Plan specific to the applicable mixed use activity center. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle Redevelopment Overlay in the Future Land Use Element of the Growth Management Plan GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: September 11, 2007 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts N. Gateway Triangle Mixed Use Overlay District. Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * 5. Gateway Triangle Mixed Use District (GTMUD) Subdistricts. 67 1,107 Amend the LDC\2007.Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text €tril~ethrel;lgR iEt Gl,meAt text te be ssletes. Bold text indicates a defined term * * * * * * * * * * * * c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Triangle Mixed Use District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Development standards in the activity center ~ are governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.35 of this Code, * * * * * * * * * * * * 68 1;\07 Amend the LOC\2007-Cycle 2\LOC packet\011608 BCC\BCC 011608-,doc Text underlined is new text to be added. Text €tFikett-lrsblgA is mmeAt text ts be aelates. Bold text indicates a defined term LDC Amendment Request ORIGIN: Division Community Development & Environmental Services AUTHOR: John Kelly, Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: LDC PAGE: LDC2:111 & LDC2:1l2 LDC SECTION(S): 2.03.08 A.3.a.(3).(h) & 2.03.08 A.3.a.(3).(1) CHANGE: delete duplicate entry 2.03.08 A.3,a.(3).(1) REASON: Scrivener's error FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Ver. 1-06/22/2007 Amend the LDC as follows: 2.03.08 Rural Fringe Zoning Districts * * * * * * . . . . . . . Rural Fringe Mixed-Use District (RFMU District). * * * * * * * * . . . A. 3. Neutral lands. Neutral lands have been identified for limited semi-rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: * * * * * * * * * * . . a. Allowable uses. The following uses are permitted as of right: * * * * * * * * * . . . 69 1;107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text €triketRrsloIgR if: Glment text 10 be deletes. Bold text indicates a defined term (3) Conditional Uses, The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. (a) Zoo, aquarium, botanical garden, or other similar uses. . . . . . . . . . . . . (h) Facilities for the collection, transfer, processing, and reduction of solid waste. . . . . . . . . . . . . (I) facilities for the collection, transfer, processinQ, ana roauction of solia waste. . . . . . . . . . . . . 70 1;\07 Amend the LDC\2007.Cycle 2\LDC packet\01160B BCC\BCC 01160B.,doc Text underlined is new text to be added. Text striketArGl:IgR is GlmeRt text te be deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Robert Wiley DEPARTMENT: Engineering Services AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC3:3-4 LDC SECTION(S): 3.02.03 Applicability 3.02.05 Basis for Establishing the Areas of Special Flood Hazard CHANGE: The effective date of the County's Flood Insurance Rate Map (FIRM) is being updated. Next anticipated update is in 3 years. REASON: There was much contention concerning the 'new' FIRM that the County was issued in 2005. Since that time the County has accepted that it will use the FIRM for the next 3 years until a corrected FIRM can be produced. FISCAL & OPERATIONAL IMPACTS: There were fiscal impacts to property owners when the new FIRM was produced; however, updating the effective date in the LDC will have no fiscal or operational impacts to the County or the public, RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: Created August 31, 2007. Amend the LDC as follows: 3.01.00 GENERALLY [Reserved] 3.02.00 FLOODPLAIN PROTECTION 3.02.01 Findings of Fact A, The flood hazard areas of the County are subject to periodic inundation, which could result in loss of life, property damage, health, and safety hazards, 71 1,107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text &trikethrsfJgh is CfJrrsRt text tEl Be aelated. Bold text indicates a defined term disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which could adversely affect the public health, safety, and general welfare B, These flood losses are caused by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by structures vulnerable to floods or hazardous to the lands which are inadequately elevated, floodproofed, or otherwise inadequately protected from flood damages. 3.02.02 Purpose It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly and environmentally unsound flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions! E, To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas! G. To ensure, to the greatest degree possible, that potential home buyers are notified that property is in an area of special flood hazard; and H. To ensure that those who occupy the areas of special flood hazard assume responsibilities for their actions. 3.02,03 Applicability This section shall apply to all areas of special flood hazard in the unincorporated area of the County, and identified by the Federal Insurance Administration in its flood insurance rate map (FIRM), dated dIme d, 1Q!lil November 17. 2005, and any revisions thereto. 3.02.04 Exemptions Mobile homes to be placed in an existing mobile home park shall be exempt from the requirements of this section, provided such mobile home park is not expanded 72 1;\07 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608-,doc Text underlined is new text to be added. Text strikethreldQI:l is Cldmmt text ts be deleted. Bold text indicates a defined term or undergoes substantial improvement as defined herein. 3.02.05 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard, are identified by the Federal Insurance Administration, in a scientific and engineering report entitled "The flood insurance study" for the County's unincorporated area, dated June 3, 1986, with accompanying FIRM, dated June d, Hl86 November 17, 2005. The flood insurance study and accompanying FIRM shall be on file and be open for public inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse, 3301 Tamiami Trail, East, Naples, Florida 33962 34112. . . . . . . . . . . . . 73 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text strikethrebl!Jh is SIdFFeRt text ts be deleted. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK- 74 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text striketllr.sIdQA is. Gldl1eAt text te be eeletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC3:28.l . LDC3:28.2 LDC SECTION(S): 3.05.07 CHANGE: Change priority for preserved native vegetation as required by the 2007 EAR.based amendments to the Conservation and Coastal Management Element (CCME) of the GMP. REASON: Required as part of the 2007 EAR.based amendments to the CCME of the GMP. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None affected GROWTH MANAGEMENT PLAN IMPACT: Required as part of the 2007 EAR. based amendments to the CCME of the GMP. OTHER NOTESNERSION DATE: Created August 31, 2007, amended October 8, 2007 Amend the LDC as follows: 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. The preservation of native vegetation shall include canopy, under. story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. 75 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text s.trikett:araIdQt:a is. CldrreAt text te be deletes. Bold text indicates a defined term 2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Native veqetation to be retained as Ppreserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.: a. Wetland or upland Aareas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Xeric Scrub. Dune and Strand. Hardwood Hammocks: fG. Onsite wetlands having an accepted functionalitv WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; QG. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; d. Listed plant and animal spscies habitats; e. Xeric Scrub; f. Duns and Strand, Hard'lleed HafRfResl"s; W. Dry Prairie, Pine Flatwoods; and fll. All other upland native habitats. i. Existing native vsgetatien lecates centigueus te a natural resel'\'atien. 4. Preservation areas shall be interconnected within the site and to adjoining off.site preservation areas or wildlife corridors. 5. To the greatest extent possible, native vegetation, in quantities and types set forth in section 4.06.00, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. * * * * * * * * * * 76 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text stril(Btt::JrSbI€lR is. SblrreAt tale!: te be deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Principal Planner DEPARTMENT: Comprehensive Planning Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC4:36 LDC SECTION(S): 4.02.15 CHANGE: In the Santa Barbara Commercial Overlay, amend the date for residential use to cease to seven years after the effective date of the adoption in the Golden Gate Area Master Plan (GGAMP) of the amended Santa Barbara Commercial Subdistrict (January 11, 2005). REASON: The boundaries of the Santa Barbara Commercial Subdistrict as contained in the GGAMP of the Growth Management Plan (GMP) were amended (expanded) in October 2004, by Ordinance No. 2004-71, as recommended by the Golden Gate Area Master Plan Restudy Committee. Therefore, the Land Development Code regulation requiring the cessation of residential use must be extended accordingly to maintain consistency with the GMP. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: This amendment will be consistent with the Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan of the GMP. GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: August 30, 2007 Amend the LDC as follows: 4.02.15 Same--Development in the SBCO District A The standards described in this section shall apply to all uses in this overlay district. . . . . . . . * . . . . 77 1:107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text strikett::Jreblgh i5: GldrreAt teJe!: te be deleted. Bold text indicates a defined term 2. Existing residential uses must cease to exist no later thCi~sey~n ltffl years after the effective date of the adoption of the amenaed Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan (janlJarV11.2Qd5)M.ptiI1Il,1Qll~). This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this district, within one additional year. This reguirelllemtocease e~isting residential uses does. not~pply to. d~~Jlili!liI;""I'\!~~.!/'ji13lf.)/fflr(l owner-occupied dwelUnaunits liI~.llf .'\flr,lltQ,199Q. 78 1:107 Amend the LDCI2007-Cycle 2\LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text stril~ett::JreblgR is CblrFeAt text te t;)e EleleteEl. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Barbara Burgeson, Principal Environmental Specialist Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC5:30 LDC SECTION(S): 5.05.02 CHANGE: To exclude the length of shoreline within conservation easements when calculating the maximum allowable number of boat slips in accordance with the Manatee Protection Plan. REASON: The rating system used in calculating the maximum number of wetslips in accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum number of wets lips. Since the adoption of the Manatee Protection Plan in May 1995, staff has applied the provisions of the Manatee Protection Plan to exclude the amount of shoreline within conservation easements from the calculation of the maximum allowable wetslips. Shoreline within a conservation easement is excluded since a conservation easement removes or severely limits development rights. FISCAL & OPERATIONAL IMPACTS: None since it has been staffs practice to already exclude the length of shoreline within conservation easements in calculating the maximum allowable number of boat slips in accordance with the Manatee Protection Plan. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. OTHER NOTESNERSION DATE: Created September 5,2007, amended October 9, 2007 Amend the LDC as follows: 5.05.02 Marinas 79 1:\07 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Tela: striketRFsbI!JR is. CldrreAt text tEl be deleted. Bold text indicates a defined term A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments 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 will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on-water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 80 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text striketArGbI!JA is GloIrrent text te be deleted. Bold text indicates a defined term 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria Water Depth Native Marine Habitat Manatee Use (Measured at MLW) 4 It. or Less than 4 No Impact1 Impact Not High High more ft. Preferred X X X Moderate X X X Mederate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X 1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, 81 1:107 Amend the LDCI2007-Cycle 21LDC packetl01160B BCCI8CC 01160B-.doc Text underlined is new text to be added. Text 6tFil~etRr"HI!JA is GblrFeAt text te 8e deleteQ. Bold text indicates a defined term with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the interface of land and water at mean hiqh water. as established usinq standard survev techniques. Shoreline within conservation easements shall not be used in calculatinq the maximum allowable number of wetslips pursuant to the Manatee Protection Plan. Artificiallv created shorelines created after the adoption of the Manatee Protection Plan in Mav 1995 shall not be used in the calculation for wetslip densities. (Ord. No. 05-27, ~ 3.FF) 82 1:107 Amend the LDCI2007-Cycle 21LDC packetl01160B BCCI8CC 01160B-.doc EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement. OBJECTIVE: To have the Board of County Commissioners (BCC) provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement. CONSIDERATION: On December 12,2006, the BCC directed the County Manager to report back to the BCC as to how staff has applied the Manatee Protection Plan (MPP) criteria for calculating the maximum number of wetslips allowed for a proposed multi-docking facility. This Executive Summary addresses the rationale for how staff has applied the MPP criteria to calculate maximum wetslip densities when a project proposes a wetslip docking facility with its shoreline in a conservation easement (CE). Possible future actions are also provided for the BCC's consideration. Since the adoption of the MPP in May 1995, staff has applied the provisions of the MPP to exclude the amount of shoreline within CE's from the calculation of maximum allowable wetslips. Until recently, this application has occurred without review of the CE itself. This has the effect of reducing the number of wetslips for a facility where its property has shoreline in a CEo The specific question that staff is requesting direction from the BCC is: How should the County calculate the maximum number of wetslips for a multi-docking facility when part of the project's shoreline is within a conservation easement? MPP and Land Development Code (LDC) Provisions Relevant portions of the MPP and LDC are contained in Attachment A. The rating system specified in the LDC uses the amount of shoreline to calculate the maximum number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is to help determine the maximum wet slip densities in order to improve existing Manatee protection, neither the LDC nor the MPP definition of shoreline specifically addresses shoreline within CE's. Both the MPP and LDC do, however, recognize that mangrove systems are necessary and important habitats for Manatee protection. State evaluation of MPP criteria Staff has coordinated its review of projects with the State Florida Wildlife Conservation Commission (FWCC) since the State was part of the development of the MPP and provided its approval of the County's MPP. The County has also adopted the MPP into the Conservation and Coastal Management Element of the County's Growth Management Plan. The Stateiooks to the County to evaluate a proposed project and to determine its consistency with the MPP. The State also utilizes these criteria in its own permitting processes. State agency staff have advised County staff that the total length of shorelines, including that which is within CE's, is used in the calculations for maximum allowable. wetslips where the purpose of the CE is vegetation management. However, where the CE prohibits "in-water structures", the length of shoreline within the conservation easement is excluded from the calculations and thus the number of allowable wetslips are reduced in proportion to the length of the excluded shoreline. State staff indicate that "in-water structures" can be characterized as the construction and operation of future docks, wet or dry slips, piers, launching facilities or structures other than existing on the property, or activities detrimental to drainage, flood control, 'water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing. Sample Calculations Attachment B provides examples of calculations for shorelines that are contained within or are located outside of CE's. Note that in both the examples, the location of the actual wetslip facility must be located outside of the CE. The calculated maximum allowable wetslips depends on whether the part of the shoreline is contained within a CEo Case I assumes that the length of shoreline within a CE's shoreline can not be used in the calculation of maximum allowable wetslips. Case II shows the calculation of the maximum allowable wetslips when no part of the shoreline is within the CEo Countv Staff Application of MPP Criteria In approximately 1990, staff had gathered various environmental data and had discussions with past County Attorneys regarding CE's. Staff understood that a CE would remove all development rights, and thus there are no rights that the property owner can transfer. If no development rights exist on a shoreline, then the length of this shoreline can not be used to calculate wetslips that will be transferred to another area not encumbered or protected by a preserve designation or CEo Therefore, Environmental Review Staffs conclusion is when there is a CE over an area of shoreline, that area cannot be utilized for calculating the maximum allowable wetslips. Only shoreline that is outside the CElPreserve area had been used in this determination. However, in a January 2006 evaluation of a project, staff from the Office of the County Attorney reviewed various documents including the existing CE, the GMP, the LDC, the MPP, State Statutes, and State cases in order to determine whether shoreline length in the CE area should be excluded from the calculation to determine the number of allowable boat slips. The result of this review essentially provided environmental staff with a procedure that specified the review of the actual language of a conservation easement must be conducted to determine if the easement language excludes the use of the easement shoreline to calculate the amount of wetslips. Inspecting the CE to determine its prohibitions is also consistent with the State's application as outlined above. Typically the County's required CE does not allow for boat slips to be placed within the boundary of the Conservation Easement or Preserve area. In fact, the County's current LDC criteria would limit most structures, except for structures providing access through the preserve, benches and educational signs. Although our current CEs would likely prohibit the placement of docks and docking facilities within the CE, the recent guidance from the County Attorney's Office would have staff inspect the actual CE language for all CE's to determine if the shoreline within the CE can be used in the maximum wetslip calculation. Recommendations Based on previous County Attorney reviews and recommendations, staff recommends that the BCC consider the following tasks for staff to perform when applying the criteria of the LDC and MPP regarding the calculation of maximum allowable wetslips when all or a portion of a project's shoreline is within aCE: A. For projects having existing CE's or Preserves I. Have the County Attorney's Office review the CE to determine if the CE addresses shoreline development rights. 2. Consult with the State to determine if the State finds the CE to eliminate any future wetslips. (This would essentially be consulting the State for Technical Assistance for listed species issues.) 3. Apply the most restrictive criteria from the review of 1 and 2. B. For projects where Preserve areas and CE's are not yet established. 1. Identify in the development document the location of the proposed docking facility and preserve area that requires a CE. 2. Use the total shoreline for calculating the maximum allowable wetslips and identify this value in the development document. 3. Require the CE to specify that the shoreline contained within can no longer be used for calculating wetslips. FISCAL IMP ACT: There is no fiscal impact to the County for this agenda item. GROWTH MANAGEMENT IMPACT: The County has incorporated the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. LEGAL CONSIDERATIONS: There is nothing in the Growth Management Plan or Land Development Code (LDC) that specifically addresses the issue. Therefore, how to handle this matter becomes a policy determination for the Board. Once the decision is made, the Board should also direct that the LDC be amended so the policy decision can be memorialized. RECOMMENDATION: That the Board of County Commissioners provide the County Manger or his designee direction for calculating wetslip densities when shorelines are within Conservation Easements. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Attachment A. Relevant Portions of the Manatee Protection Plan and Land Development Code . MPP (Section 3.2.4, Marina Siting Criteria) Collier County and the FDEP's Office of Protected Species Management has developed a rating system for marina siting throughout the remainder of the County. The purpose of the marina site rating system is to help determine the maximum powerboat wetslip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria; water depth, native marine habitat and Manatee abundance. Native marine habitats include seagrass beds, salt marshes, mangroves or other biologically productive submerged and shoreline habitats which may be adversely affected or destroyed by dredging and jilling activities. . LDC (Section 5.05.02) A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and Manatee abundance. . LDC (Section 5.05.02) For shoreline vegetation such as mangroves, "no impact" is defined as no greater than jive (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means no more than 100 square feet of sea grasses can be impacted. . LDC (Section 5.05.02 for Preferred sites. Density for Moderate and Protected sites are specified as 10 and 1 boat slips per 100 feet of shoreline, respectively.) New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. . LDC Definition. Shoreline or shore: The interface of land and water and, as used in the coastal management element requirements, is limited to oceanic and estuarine interfaces. . LDC (Section 3.05.07.H.1.h) Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection in the preserve in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. Attachment B. Sample Calculations Case I (Portion of the Shoreline is within a Conservation Easement) -----~ /600 ( ,=, I Shoreline I I \ \ \ '''-------- 400 'eo, ..---"-'-'-.-'---.'- '1 I I Conservation Easement I I Total Shoreline - 1000 feet I Shoreline not within a Conservation Easement - 400 feet I I I I I I I I I I Moderate Rating (10 wetslips per 100 feet of Shoreline) Maximum Number of Allowable wetlips: 10 slips per 100 feet X 4 = 40 wetslips Docking Facility Case II (No part ofthe Shoreline is within a Conservation Easement) /;,;~ I I..' I Shoreline i I i I i , , ., \ \ \ \ ...., --........~_._-.. 400 feel -.------.----..- 'l I ITotal Shoreline - 1000 feet i Shoreline not within a Conservation Easement - 1000 feet .r Conservation ElIsement I I I I I I Maximum Number of Allowable wetlips: 10 slips per 100 feet X 10 = 100 wetslips Moderate Rating (10 wetslips per 100 feet of Shoreline) I I l.._ _ Docking Facility Text underlined is new text to be added. Ts}e!: stril~etAFsl:lQt:I if: SldrFeAt text te be Efeletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Office of the County Attorney - BCC directed on June 26, 2007 AUTHOR: Jennifer A. Belpedio, Assistant County Attorney DEPARTMENT: Office of the County Attorney AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC5:113 & LDC5:ll4 LDC SECTION(S): 5.06.04 C. 12. a. CHANGE: In prior years candidate qualification was 46 days before the general election; therefore, the LDC prohibited the posting of political signs more than 45 calendar days prior to an election. During the 2007 legislative session S 99.061, Florida Statutes, was amended to provide for candidate qualification 67 days before the general election (see Chapter 2007-30, Laws of Florida). The LDC is being amended to reference Sec. 99.061, F.S., rather than change 45 days to 66 days as the permitted political sign posting. If the candidate qualification date changes in the future, these LDC provisions will not need to be revised again. The bulk permit issued for the posting of political signs will be used to advise permittees of the new permitted posting requirements. REASON: To update political sign provisions in preparation for November 2008 General Elections. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: None. None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: August 20, 2007; August 22, 2007, August 27,2007, September 4,2007, September 16,2007, September 17, 2007, September 26, 2007, October 1,2007, October 22,2007, December 21, 2007 per the CCPC. Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations . . . . . . . . . . . . 83 1:107 Amend the LDC12007-Cycle 21LDC packetl01160B BCCI8CC 01160B-.doc Text underlined is new text to be added. Text striketArl3I;!!}A is GldrreAt text te be deletes. Bold text indicates a defined term 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: . . . . . . . . . . . . 12. Temporary signs. A permit is required to erect a The erection ef any temporary sign shall require permitting as estalalishsd as set forth in section 10.02.06 G. unless otherwise insisated provided herein. Applicants for temporary sign permits shall pay the minimum fee established for saiG a temporary sian permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political signs. Political sampaign signs and pesters shall be permitted subject to the following requirements: . . . . . . . . . . . . vi. Political signs shall not be erected net more than 45 salensar days prier te an elestien er pelitisal event, until the close date of the qualifvinq period as set forth in Section 99.061. Florida Statutes as it mav be amended and shall be removed within sevefI Z calendar days after termination of candidacv due to withdrawal. elimination. or election to the office or after tho elestien, event, er after the campaign approval or reiection of the issue has occurred. besn secissd. . . . . . . . . . . . . 84 1:107 Amend the LDCI2007-Cycle 21LDC packetl01160B BCCIBCC 01160B-.doc Text underlined is new text to be added. Text s.tril~etRrablSJR is CldrFeAt text t8 be deletee. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1 - 2007 LDC PAGE: 3:43,3:44 LDC SECTION: 5.06.05 Signs Exempt from These Regulations CHANGE: Cross reference littoral shelf planting area (LSPA) sIgns and preserve signage to sign section of LDC. REASON: For ease of reference to general public FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 3.05.10 A.6, 3.05.04 G GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSIONDATE: Created 2/7/06 Amend the LDC as follows: 5.06.00 SIGNS ************************************************************************ 5.06.05 Sign Exempt from these Regulations In addition to those signs identified elsewhere in this Code, the following signs are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and 85 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text stril{etllreld!:JA iE: Gl:lrreRt text te be deleted. Bold text indicates a defined term a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.04 C.13. of this Code. C. One identification sign, professional nameplate, or occupational sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the street address of the premise. ***************************************************************************** X. Littoral Shelf Plantinq Area siqns. provided such siqns do not violate section 3.05.10 A.6 of this Code. Y. Preserve Siqns. provided such siqns do not violate subsection 3.05.04 G of this Code. ************************************************************************ 86 1:107 Amend the LDC12007 -Cycle 21LDC packetl01160B BCCI8CC 01160B-.doc Text underlined is new text to be added. Text strikethrsblgR is GI;:IFreRt text ta be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Principal Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDClO:122 LDC SECTION(S): 10.02.08.C CHANGE: Remove reference to access management plan maps. REASON: Access management plan maps were previously removed from the Land Development Code. However, this related text reference was inadvertently not removed at that time. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: Policy 4.4 of the Future Land Use Element of the Growth Management Plan. GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: September 7, 2007 Amend the LDC as follows: 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LOC . . . . . . . . . . . . C. Amendments. Amendments to this Code may be made not more than two times during any calendar year as scheduled by the county manager, except: 87 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text 6triketAreld~h it SblrreAt text te be deletes. Bold text indicates a defined term ~1, Amendments to the Code (See section 10.02.10 A. below for requirements). The procedure for amendment to this Code shall be as provided in section 10.03.05. This Code may only be amended in such a way as to preserve the consistency of the Code with the growth management plan. 88 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Te)~ striketl'1rsldgh it CblrreAt text te be deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Principal Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDClO:129 LDC SECTION(S): 10.02.13.B CHANGE: Add "the FLU Element" to the Growth Management Plan (GMP) conformity criteria within planned unit development zoning procedures. REASON: The statements pertaining to GMP conformity within the existing planned unit development zoning procedures are incomplete, only requiring compliance with the goals objective and policies of the GMP and not "future land use designations, districts and subdistricts". FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: Future Land Use Element, Immokalee Area Master Plan, Golden Gate Area Master Plan of the GMP. GROWTH MANAGEMENT PLAN IMPACT: This consistency with the future land use designation of a consistency with the GMP's goals, objectives and policies. amendment clarifies that property is required beyond OTHER NOTESNERSION DATE: August 27, 2007 Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures . . . . . . . . . . . . A. Application and PUD master plan submission requirements. . . . . . . . . . . . . 89 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text s.triJmtRFSIJ€lR is GblFreAt text is be deletes. Bold text indicates a defined term B. Procedures for planned unit development zoning. 1. Preapplication conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the planning services 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: . . . . . . . . . . . . c. Conformity ofthe.pr()po~E!dPUD with the goals, objectivesi aM policies al1d:thehF1...UElement of the growth management plan. . . . . . . . . . . . . 5. Planning commission recommendation. The planning commission shall make written findings as required in section 10.02.08 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section 10.02.08. . . . . . . . . . . . c. Conformityoftheprop()s7?PUD with the goals, objectives. aM policies ano the FI...U>Elemel1tof the growth management plan. 90 1:107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Te}R: s.triketl=tnmgR is SUFreAt text te be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Ray Bellows, Planning Manager DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDClO:132 LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures CHANGE: Rewrite the planned unit development (PUD) sunsetting provisions to lengthen the time frame to 5 years for all PUDs, clarify the government action statement and provide for exemptions from sunsetting for schools, police, fire and EMS facilities that were identified in the PUD when it was approved. REASON: As past testimony during recent PUD extension petitions has shown, the federal and state permitting process coupled with the local land planning reviews the current three year time limit has proven to be too short for initial PUD development. Additionally, it is requested that public facilities including educational plants and facilities, and facilities for police, fire and EMS, approved as part of the PUD, be exempted from the sunset provisions. This request is due to the fact that government entities planning to build these essential facilities do not want to incur the time and expense ofa PUD amendment to permit the development of the required public facilities, which may not be financed and constructed until after the PUD has sunset. Under the current PUD requirements, a final development order cannot be issued after a PUD has sunsetted. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created March 27, 2007. Revised August 31, 2007. Revised September, 24, 2007. Revised October 29 per PPM. Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures . . . . . . . . . . . . 91 1:107 Amend the LDC12007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text striketRrablgll is Gblrr..eAt tale!: to be aelete€l. Bold text indicates a defined term 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 whether or not the project has commenced in earnest in accordance with the following criteria: 1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: a. Obtain approval for improvements plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master Plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years from the date of approval by the board of county commissioners; and b. Receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years from the date of approval by the board of county commissioners. c. Any PUD appreved befere Octeber 24, 2001 that receives subse~uent amendment approval shall be subject te tho sevelepment criteria ans time limits established fer these PUDs appre'les en or after Octebor 24, 2Q01 as outlined in sectien 10.02.12 ef tt1is Cedo. 2. For PUDs and PUD amendments approved on or after October 24, 2001, Hut prior to J:1nuar}' 3, 2007, the land owner shall: a. For residential portions of PUDs, the ewner entitv shall initiate physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD by the lfIif€I fifth anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and b. For the nonresidential portions of PUDs and commercial and industrial PUDs tl1e e'Nnor entity shall, initiate physical development of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space, by the lfIif€I fifth anniversary date of the PUD approval. In the event that the floor area is not the defining intensity measure, then 92 1:\07 Amend the LDC\2007-Cycle 21LDC packetl01l608 BCCIBCC 01160B-.doc Text underlined is new text to be added. Text strikethfsblgR is G1:meAt text tEl be deleted. Bold text indicates a defined term 25 percent of the land area to include some representative portion of the building space shall be constructed by the tI1if€i fifth anniversary date of the PUD approval Gate. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thereafter the PUD shall be exempt from these sunset provisions. c. G g. If in the event of a moratorium" or other action of government that prevents the approval of any final development order" the duration of the suspension of the approval shall not be counted towards the lIlfee- !2 year sunset previSion period. d. F-er PUDs 3f)prfJl'sf} on or aftor tho rials of aEJefJt:on of this r~Nis:on _'anu3,OY 3. 2007 tAo .lcmf} ovmer sha!!: 3. Fer all PUDs the llUild eut year as submiltes ans apl3re'/ss '....ith tho applicatien's Traffic Impact Slatemont (TIS) st-Jall sOI'\'e as the referense year fer the al'lJ3reves density aRS iRtensity. Tws years after the buils eut yoar as defines oRths apl3revss TIS submitted with the applisatien aRs OR the anRiversary sato ef the adepted PUD aRY remaining sensity er inteRsity that t-Jas net been appreved by the apprepriate site de'/elspment plan or plat and recei'/ed a certificate of public asequasy (COA) sAall be consisered eXl'lirod ans '.'eid of any remaining sevelel3meRt rights. In the eveRt that action er in actioR b,; tt-Je CeuRty er any regulater}' agency er legal aclien pre'/ents the approval sf a development order, the duration of the suspension ef the appre'/al shall net be seuntes tewards the expiratien I3revisien aeGve, centingent that tAe al3plicant Ilas been sili!jently pursuiRg a leGal development order ef permit tllreugh aRY ef the required regulaterj agencies. Tile ceunty maRager er designoe must be nelifies in writing of the circumstansos of the selay with the apl'lrepriate secumentatien. 1:107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc 93 Text underlined is new text to be added. Tele!: striketRraHgA is mment text ts be deletes. Bold text indicates a defined term b. Fer all PUDs the build eut year as susmittes ans appre'les with the applicatien's Traffic ImJlacl Statement (TIS) shall serve as the roforence year fer tho appro'/es seRsity ans intensity. On tho build eut year as sofines en the appreves TIS susmilles '/lith the applicatien and en tho anniversary date ef the asopted PUD any remainin!j seRsity ans intensity shall be censidores expires if all ef the lands within the PUD boundary ha'/e received appreval through site develaJlmeRt JllaRs or plats and receivos a certificate of puslic asoCjuacy (CO.'\). For nen residential Jlortions ef a PUD, section (a) ase'/e allm'/s for t'Ne assitienal years te amend the site se\'elapmeRt JllaR(s) in Greer te apply f{)r sevalapmeRt arsers for any remaining intensity v/ithin nen residential secliens ef the PUD. 4~. 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. a 1. 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: a. Request faf a PUD extension; GI' b. Request faf a PUD amendmenk ; or c. Reouest a rezone. e 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 information that may be provided, the board of county commissioners shall elect one of the following: a. To extend the current PUD approval for a maximum period of two years; at the end of which time, the property owner shall again submit to the procedure as defined herein, however no further development order applications shall be processed by the county until the PUD is officially extended. b. Approve or deny an application for a PUD amendment. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. c. Require the owner to submit an amended PUD. The existing PUD shall remain in effect until subsequent action by the board of 94 1:107 Amend the LOCI2007-Cycle 2\LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text striketAreblgl1 is SblrroRt text te be deleted. Bold text indicates a defined term county commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. i. If the owner fails to submit an amended application to the PUD within six months of the action of the board of county commissioners to require such a submittal, or the board denies the request to amend the PUD, then the board of county commissioners may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. 7 Q. 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: a. Maximum extension: There shallee a maximum of twe extensions mav be one PUD extension. The first may be granted for a maximum of two years from the date of original approval. +Ae secens exlensien, may eo granted f-or an assitienal two yoars from tAe date ef expiratien ef the fiFSt oxtcnsien. b. Approval of an extension shall be based on the following: i. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements; ii. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and iii. Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. c. An extension request shall consist of the following: i. A completed application form provided to the property owner by the county; and II. A copy of the original PUD approval ordinance; and iii. A written statement describing how the criteria listed in subsection 10.02.12 of this Code have been met; and iv. A fee paid in accordance with the county fee resolution. v. Any other information the County Manager or his designee 95 1:\07 Amend the LDC12007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text Etril~etRreblgR is GblrrsRt text tEl be aelated. Bold text indicates a defined term deems necessary to process and evaluate the request. d. No more than two extensions may be granted for any development original approval date. e. Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in section 10.02.12 of this Code within ten years of the original PUD approval date shall submit a new rezoning application. S Z. Retention of existing PUD status. Once a PUD has sunsetted the land shall retain its existing PUD zoning status, however applications for additional development orders shall not be processed until one of the following occurs: a. The board of county commissioners approves a request for extension of PUD zoning status. b. The board of county commissioners approves an amendment to the existing PUD. Should the planning services department director determine that development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification pursuant to the provisions for time limits for approved PUDs. In the case of developments of regional impact, PUD time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. S 380.06. 8. Exemptions from sunsettina. Anv educational plants or facilities or public service facilities includinq police, fire and EMS facilities that were identified in an approved PUD zoninq district or PUD master plan and which are consistent with the approved development requlations shall retain development riqhts. althouqh a planned unit development mav have sunsetted. as provided for this section. A development order for such facilities shall be issued in accordance with a site development plan approval. without the requirement to amend or extend the oriqinal planned unit development. 9. PUD buildout. For PUDs approved on or after tho date ef adeptien of this revisien January 3. 2007 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 96 1:107 Amend the LDCI2007-Cycle 2\LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text striketRrEH1!jh is GldrreAt text te be deleted. Bold text indicates a defined term with the application and on the anniversary date of the adopted PUD any remaining density or intensity that has not been approved by the appropriate site development plan or plat and received a certificate of public adequacy (COA) shall be considered expired and void of any remaining development rights. In the event that action or in-action by the County or any regulatory agency or legal 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, contingent that the applicant has been diligently pursuing a local development order or permit through any of the required regulatory agencies. The county manager or designee must be notified in writing 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 remaining density and intensity shall be considered expired if all of the lands within the PUD boundary have received approval through site development plans or plats and received a certificate of public adequacy (COA). For non residential portions of a PUD, section (a) above allows for two additional years to amend the site development plan(s) in order to apply for development orders for any remaining intensity within non: residential sections of the PUD. . . . . . . . . . . . . 97 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text strikethrebl!J1=I is S1::IrreRt text ts be deletes. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK- 98 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text striketl:1reblgl:l is. GblFrSAt text ta be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Melissa ZonelRay Bellows DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle I, 2007 LDC PAGE: LDC2:40.1 LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: To reinsert provisions of the Historical and Archaeological Sites REASON: These provisions were left out from the 04-41 LDC re-codification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created March 22, 2007. Amend the LDC as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * E. Historical and Archaeological Sites "H". It is the intent of these regulations to recognize the importance and significance of the County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, finds that these regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner which affords the maximum protection to historical and archaeological sites, districts, structures, buildings, and properties consistent with individual property rights. It is not the intent of this LDC to deny anyone the use of his property, but rather to regulate the use of such property in a manner which will ensure, to the greatest 99 1:107 Amend the LDC12007 -Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Tem: strikett:lrsl:lQA is GblrreAt t81e!: tQ be deletes. Bold text indicates a defined term degree possible, that historic and archaeological sites, districts, structures, buildings, and properties are protected from damage, destruction, relocations, or exportations. 1. Areas for consideration for inclusion in areas of historical/archaeological probability shall have one (1) or more of the following characteristics: + ~. The area is associated with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric, or architectural history that have contributed to the pattern of history in the community, the County, the State of Florida, or the nation; or 2-Q. The area is associated with the lives of persons significant in history; or d f. The area embodies the distinctive characteristics of a type, period, method, or materials of construction that possess high artistic value, quality of design craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of the County, the State of Florida, or the nation; or 4 Q. The area was the location of historic or prehistoric activities including, but not limited to, habitation, religious, ceremonial, burial, or fortification during a particular periOd of time, which may maintain a sufficient degree of environmental integrity to reflect a significant aspect of the relationship of the site's original occupants to the environment; or ~ g. The area is historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or e f. The area has yielded or is likely to yield information on local history or prehistory; or + g. The area derives its primary significance from architectural or artistic distinction of historical importance; or 8 h. The area is the birthplace or grave of historical figure or is a cemetery which derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or Q j. The area is the site of a building or structure removed from its original location which is significant for its architectural value, or is the sole surviving structure associated with historic period, person, or event; or -W j. The area is a property primarily commemorative in intent, where design, age, tradition, or symbolic value has 100 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text stril~ettueblS)R iE GldrreAt text ta be deleted. Bold text indicates a defined term invested it with its own historical significance; or ~ Js. The area is an area containing known archaeological sites that have not been assessed for significance but are likely to conform to the criteria for historical/archaeological significance or areas where there is a high likelihood that unrecorded sites of potential historical/archaeological significance are present based on prehistoric settlement patterns and existing topographic features; or ~ 1. The area is included in the National Register of Historic Places. 2. Aoolicabilitv durina develooment review orocess; countv oroiects; aariculture; waiver reauest. a. Aoolicabilitv. Applications for a specific development order as described in subsectionrsl 203.07 E.2.b throuqh deemed adequate for review which have been submitted prior to the adoption of this section are not required to meet the provisions outlined in the applicable subsection. However. subsequent applications for development orders as described in subsectionrsl 2.03.07 E.2.b. throuqh k. shall complv with the requirements of the applicable subsection. Subsections 2.03.07 E.2.b. throuqh k. shall become effective upon the adoption. bv resolution. of the map of areas of historical/archaeoloqical probabilitv bv the board of countv commissioners. b. Develooment of reaional imoact (OR/). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the Florida department of state, division of historic resources. indicatinq that the DRI is in Collier Countv's desiqnated area of historical archaeoloqical probabilitv. The ADA shall also include an historical archaeoloqical survev and assessment. if required bv the division of historic resources. The survev and assessment is subiect to review bv the Countv Manaqer or his or desiqnee. and recommendations shall be presented to the Collier Countv planninq commission and the board of countv commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunitv to present its recommendations to the planninq commission and board of countv commissioners at their public hearinqs. c. Reauests for land use chanae. Propertv under consideration for a rezone or conditional use which is within an area of historical/archaeoloqical probabilitv shall have an 101 1:107 Amend the LDC12007-Cycle 2\LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text s.triketRrebl@lA is SblFfSAt te)(t te be deletes. Bold text indicates a defined term historical/archaeoloqical survev and assessment prepared bv a certified archaeologist to be submitted bv the applicant with the land use change request application and is subiect to review bv the Countv Manaqer or desiqnee. The Countv Manaqer or desiqnee's recommendations derived from the review of a survev and assessment submitted bv the applicant shall be presented to the Collier Countv planning commission and the board of countv commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunitv to present its recommendations to the planninq commission and board of countv commissioners at their public hearinqs. d. Buildinq permits. Building permits issued for new structures on propertv located within an area of historicallarchaeoloqical probabilitv shall be accompanied bv a notice that indicates the propertv is within the area of historicall archaeoloqical probabilitv. The notice shall describe the potential for historical and archaeoloqical sites. structures. artifacts. or buildings. and shall encouraqe the preservation of such sites. provide reference to applicable state and local laws. and provide reference reqardinq whom to contact in the event an historical/archaeoloqical site. structure. artifact or buildinq is discovered. e. Preliminary subdivision plat. Preeerty under censiderationSubmittal for -faf--a preliminary -fsubdivision plat within an area of historical/archaeoloqical probabilitv but not subiect to roauircmont subtsectionsl b throuqh c Gf this sul:lsedion shall include ahave an historical/archaeoloqical survev and assessment prepared bv a certified archaeoloqist. te be submittes I:ly tho aeelioant with the preliminary subdivision elat aeelicatien and is subioot to review b't the Count\' Manaaer er his sesiqnee. The preservation board County ManaQer shall review the er desianee's recommendations derived from the review ef a survev and assessment and sul:lmitlsubmit their recommendations to d by the aeeliGant snail be presentes to the Collier Countv planninq commission and the board of countv commissioners for consideration for incorporation into the local development order. +Re recommensatiens shall alBe I:le provised te tho prosel'\'ation board. The ereservatien beard shall be erovises the oPDertunitv te eresent its reoemmendatiens at tho Dlannina cemmissien and I:leard of oeunt\' commissioner at thoir eublic hearinQs. 102 1:107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text s.trikethFebl!JR is SblrraAt text te be eeleted. Bold text indicates a defined term f Final subdivision plat or site development plan (SOP). Submittal for a Praperty under sonsideratien fer a final subdivision plat. includinq construction documents or site development plan (SDPl within an area of historical/archaeological probabilitv but not subiect to subsections b, c. or e Off this section shallllave-include afl historical/archaeoloqical survev and assessment prepared bv a certified archaeoloqist. te be submitted by the applicant with the final suesivisien plat and constructien decument applisatien and is subject te rc'lie'.'" by the Ceunty ManaCler or his desianoe. The preservation board shall review the recommendations derived from the survev and assessment Ceunty Manaqor er his dosiClnee's recemmendatiens sori'led fram the re'liew of a survey and assessment suemitted by tho applicant shall be incorporated into the final subdivision plat and construction document. q. Silo eO'ieioomont pian (SOP). Prapertv unser censisoralien fer an SDP within an area of histerical!archaeeleqical preeabilit'l but not sueiect to subsections b, c. o. or f . ., ef this soctien shall ha'lo an histerical/archaooleClisal survov and assessment preparGd by a certified archaeeleClist to be submitted ev tho applicant with tho SDP applisation ans is subiest te ro',iew ey tAO Ceunly ManaCler or desiClnee. Tho Ceuntv ManaClor er desiClnee's recemmendatiens dorived from the roview of a survev and assessment suemitles e'I the applicant shall bo incerporatod inte the final SDPReserved. h. Countv proiects. Countv-sponsored proiects, as defined in article 6. which are located within an area of historical/archaeological probabilitv shall have an historical/archaeoloqical survev and assessment prepared bv a certified archaeoloqist. The countv shall complv with all recommendations outlined in the historical/archaeoloqical survev and assessment. A copv of the historical/ archaeoloqical survev and assessment shall be provided to the preservation board members. i. Aqricultural lands. Owners of aqricultural land within an area of historical/ archaeoloqical probabilitv filinq a notice of commencement application for active aqricultural production shall be notified in writinq bv development services staff that the land is in an area of historical/archaeoloqical probabilitv and that an historicallarchaeoloqical survev and assessment prepared bv certified archaeologist is required. Develepment servicos staff (preiect reviowlCountv Manaqer or designee shall not issue a notice of commencement until the historical/archaeoloqical survev 103 1:107 Amend the LDC12007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text s.triketRFSId!JR is CblrreRt text ta be deletes. Bold text indicates a defined term and assessment has been completed. The propertv owner shall adhere to all recommendations provided bv the historical/archaeoloqical survev and assessment. i. Waiver reauest. Properties located within an area of historical/archaeoloqical probabilitv with low potential for historicallarchaeoloqical sites mav petition the Countv Manaqer eF-Ilisor desiqnee to waive the requirement for an historical/archaeoloqical survev and assessment. The waiver application shall be in a form provided bv the communitv development services division. The Countv Manaqer Gf-ffisor desiqnee shall review and act upon the waiver request within five workinq davs of receivinq the application. The waiver request shall adequatelv demonstrate that the area has low potential for historical/archaeoloqical sites. Justification shall include. but not be limited to. an aerial photoqraph interpretation. a description of historical and existinq land uses, and an analvsis of land cover, land formation. and veCletation. The Countv Manaqer ef-Aisor desiqnee mav denv a waiver. qrant the waiver. or qrant the waiver with conditions. He shall be authorized to require examination of the site bv an accredited archaeoloqist where deemed appropriate. The applicant shall bear the cost of such an evaluation bv an independent accredited archaeoloqist. The decision of the Countv Manaqer ef-Aisor desiClnee reqardinq the waiver request shall be provided to the applicant in writinq. In the event of a denial of the waiver request. written notice shall be provided statinq the reasons for such denial. Anv partv aqqrieved bv a decision of the Countv ManaCler Gf-ffisor desiClnee reqardinq a waiver request mav appeal to the preservation board. Anv partv aqqrieved bv a decision if the preservation board reqardinq a waiver request mav appeal that decision to the board of countv commissioners utilizinq the procedure outlined in section k.. k. Previouslv completed survev and assessments. A survev and assessment completed bv a certified archaeoloqist prior to the enactment of this section which is in accordance with the survev and assessment requirements outlined in section m mav at the discretion of the propertv owner be utilized to meet the requirements of this section. The survev and assessment shall be provided to the Countv ManaCler eF-Ilisor desiqnee and shall be subject to the procedure as outlined in section a throuqh section i above. I. Historical/archaeoloaical survev and assessment components. Historical/ archaeoloqical survevs and assessments required bv this section shall be consistent with accepted professional procedures and practices as 104 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text strilmtRreblQA is. G"meAt tale!: te be deletes. Bold text indicates a defined term outlined in the historic preservation compliance review proqram of the Florida Department of State. Division of Historical Resources: and Standards and Guidelines for Archaeoloqv and Historic Preservation (48 FR 44716). Subsections m and n shall become effective upon the adoption, bv resolution. of the map of areas of historical/archaeoloqical probabilitv bv the board of countv commissioners. m.. Survey and assessment components. Survevs and assessments shall include at a minimum: i. Title paqe; ii. Table of centents: iii. Report. title and authors: iv. Statement of qualification for each author: v. Description of the proiect location in terms of qeoloqic and phvsioqraphic features, the environment. and land use historv: vi. Description of field and laboratorv methodoloqv: vii. Description of sites located: a) Siqnificance determination: viii. Recommendations as to further assessment work. site preservation. or mitiqation: ix. Appendices: a) Florida Master Site File forms. n. Sianificance determination. A siqnificance determination of specific sites as required bv subsection m. item vii. a. , of this section is--teshall -be based on National Reqister of Historic Places eliqibilitv criteria. as follows: i. The qualitv or siqnificance in American historv. architecture. archaeoloqv. enqineerinq and culture is present in districts. sites. buildinqs. structures and proiects that possess inteqritv of location. desiqn. settinq, materials. workmanship: and ii. That are associated with events that have made a siqnificant contribution to the broad patterns of our history: or 105 1:107 Amend the LDC12007-Cycle 2\LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text stril(ethrel;l9R is GIdFreRt tma ta be aelated. Bold text indicates a defined term iii. That are associated with the lives of persons siqnificant in our past: or iv. That embodv the distinctive characteristics of a tvpe. period or method of a tvpe. period. or method of [sic) construction. or that represent the work of a master, or that possess hiqh artistic values. or that represent a siqnificant and distinquishable entitv whose components mav lack individual distinction: .QL. v. That have vielded. or mav be Iikelv to vield, information important in prehistorv or history: or vi. In addition. the importance of historical/archaeoloqical resources to local. countv. and state historv or prehistory shall be considered in a siqnificance determination. o. DesiGnation of historical/archaeoloGical sites. structures. districts. buildinGs and orooerties. p. In addition to the areas of historical/archaeoloqical probabilitv outlined in section 2.2.25.2. specific sites. districts. structures. buildinqs. and properties mav also be desionated. Such desiqnation will be based on the followinq criteria: i. Association with distinctive elements of the cultural. social, ethnic. political. economic, scientific, reliqious, prehistoric and architectural history that have contributed to the pattern of history in the communitv. Collier Countv. the state or the nation: or ii. Association with the lives of persons siqnificant in history: or Iii. Embodiment of the distinctive characteristics of a tvpe, period, method or materials of construction, or that possess hioh artistic values. qualitv of desion and craftsmanship. or that represent an individual architect or builder's prominence or contribution to the development of Collier Countv. Florida: or iv. Location of historic or prehistoric activities such as habitation, reliqious. ceremonial. burial. fortification. etc., durinq a particular period of time. and mav maintain a sufficient deqree of environmental inteqritv to reflect some aspect of the relationship of the site's oriqinal occupants to the environment: or 106 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text striketRrablQA is Cldrr8Rt text te be deleted. Bold text indicates a defined term v. An historic or prehistoric site which has been severelv disturbed but which mav still allow useful and representative data to be recovered: or vi. Have vielded or are likelv to vield information on local history or prehistory: or vii. Derive their primary siqnificance from architectural or artistic distinction of historical importance: or viii. Is the birthplace or qrave of an historical fiqure or is a cemetery which derives its primary siqnificance from qraves of persons of transcendent importance. from aqe, distinctive desiqn features, or from association with historic events: or ix. A buildinq or structure removed from its location which is primarilv siqnificant for architectural value. or is the survivinq structure most importantlv associated with an historic period. person or event: or x. A proDertv primarilv commemorative in intent if desiqn. aqe. tradition or svmbolic value has invested it with its own historical siqnificance: or xi. Are listed in the National Reqister of Historic Places. q. The desiqnation of specific sites, structures. buildinqs. districts. and properties mav be initiated bv the preservation board or bv the propertv owner. Upon consideration of the preservation board's report. findinas. and recommendations and upon consideration of the criteria and quidelines set forth in section 203.07 E . the board of countv commissioners shall approve, bv resolution. or denv a petition for historic desiqnation. The application shall be in a form provided bv the eommunitv sevelopment sClrviccs sivisionCountv Manaqer or desiqnee. -Propertv owners of record whose land is under consideration for desiqnation initiated by the preservation board shall be provided two notices by certified mail return receipt requested. at least 30 davs but no more than 45 davs prior to anv hearina reqardina the historic desianation bv the preservation board or the board of countv commissioners. The first notice shall provide all pertinent information reaardinq the desianation and the preservation board's scheduled meetina date to consider the site. The second notice shall indicate when the board of countv commissioners will consider official desiqnation 107 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l60B BCCI8CC 011608-.doc Text underlined is new text to be added. Text striketRrsblQA is SUrFeAt text te be deleted. Bold text indicates a defined term of the site. Notice of public hearinq shall be advertised in a newspaper of qeneral circulation 15 davs prior to the public hearinq for the board of countv commissioners. Each desiqnated site. district. structure. propertv or buildinq shall have a data file maintained bv the preservation board. The file shall contain at a minimum: site location: the historical. cultural. or archaeoloqical siqnificance of the site: and the specific criteria from this section qualifvinq the site. An official listinq of all sites and properties throuqhout Collier Countv that reflect the prehistoric occupation and historical development of Collier Countv and its communities. includinq information. maps. documents and photoqraphic evidence collected to evaluate or substantiate the desiqnation of a particular site. structure. buildinq. propertv or district shall be maintained at the Collier Countv Museum. The Collier Countv Museum shall coordinate preservation and or restoration efforts for any historical/archaeoloqical desiqnated buildinq. structure. site. propertv. or district that is donated to or acquired bv Collier Countv for public use. r. Issuance of certificates of aoorooriateness. A certificate of appropriateness shall be issued bv the preservation board for sites desiqnated in accordance with subsection p before issuance of permits bv de'lelellmeFlt servicesthe countv to alter, excavate. relocate. reconstruct or demolish. The certificate of appropriateness shall be issued prior to the issuance of buildinq. tree removal. or demolition permits. s. A certificate of appropriateness shall also be issued prior to the issuance of buildinq permits for new construction within an historical/archaeoloqical district desiqnated in accordance with subsection 2. P. to ensure harmonious architectural desiqn and to preserve the inteqritv of the historical/archaeoloqical district. t. The application for certificate of appropriateness shall be in a form provided bv the communitv development services division. The completed application shall be provided to the Countv Manaqer 20 davs prior to the reqular monthlv meetinq of the preservation board who shall schedule the application for consideration at the next reqularlv scheduled meetinq. The preservation board shall meet and act upon an application for a certificate of appropriateness within 60 davs of receipt of the application from the communitv development services division. The preservation board shall approve the application. denv the application. or approve the application with conditions. 108 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCIBCC 01160B-.doc Text underlined is new text to be added. Text strikettuGlblgR is GblrreRt text te 88 deletes. Bold text indicates a defined term u. Ordinarv repairs and maintenance as defined in section article 61.08.02 are not required to obtain a certificate of appropriateness. v. Criteria for issuance of a certificate of appropriateness shall be the U.S. Secretary of the Interior's Standards for Rehabilitation. 36 CFR 67 (1983). as amended. The communitv development services division shall maintain and make available to the public updated copies of the Standards for Rehabilitation. w. All decisions of the preservation board shall be in writinq and include findinqs of fact. Notice of the decision shall be provided to the applicant. and to the Countv Manaqer or desiqneedevelesment soryices separtment (custemor services manaQor and the sreiect re'lie'll services m:maQer). x. Anv partv aqqrieved bv a decision of the preservation board mav appeal the decision as outlined in subsection qq. v. Incentives. The followinq incentives mav be applicable to specific sites, structures. districts. buildinqs and properties desiqnated as archaeoloqicallv or historicallv siqnificant pursuant to section o. Z. Financial assistance. Historical/archaeoloqical desiqnated sites. districts, structures. buildinQs. and properties as provided in section p shall be eliqible for anv financial assistance set aside for historic preservation proiects bv Cellier Ceuntv. the State of Florida or the federal qovernment. provided thev meet the requirements of those financial assistance proqrams. aa. Tax credits. The preservation board shall encouraqe and assist in the nomination of eliqible income-producinq properties to the National Register of Historic Places in order to make available to those propertv owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and anv other proqrams offered throuQh the National Reqister. bb. BuildinG code. Historicallarchaeoloqical sites. districts. structures. buildinqs. and properties desiqnated pursuant to subsection 0 mav be eliqible for administrative variances or other forms of relief from applicable buildinq codes as follows: cc. Reoairs and alterations. Repairs. alterations and additions necessary for the preservation. restoration. rehabilitation or continued use of a buildinq or structure mav be made 109 1:107 Amend the LDC\2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text s.tril~etRfeblgR is GldrreRt text ta be deleted. Bold text indicates a defined term without conformance to the technical requirements of the Standard Buildinq Code when the proposed work has been issued a certificate of appropriateness bv the preservation board and approved bv the Countv Manaqer eF---Ilisor desiqnee. pursuant to the authority qranted to the Countv Manaqer or hisor desiqnee bv other divisions or statutes and further provided that: I. The restored buildinq will be no more hazardous based on consideration of life. fire and sanitation safetv than it was in its oriqinal condition. ii. Plans and specifications are sealed bv a Florida reqistered architect or enqineer. if required bv the buildinq official iii. The Countv Manaqer er hisor desiqnee has required the minimum necessary correction to be made before use and occupancv which will be in the public interest of health, safetv and welfare. dd. Zonina ordinance. The Countv Manaqer or desiqnee mav. bv written administrative decision. approve anv variance request for anv desiqnated historical/archaeoloqical site. district. structure, buildinq and propertv pursuant to section q which has received a certificate of appropriateness from the preservation board for matters involvinq setbacks, lot width. depth, area requirements. land development requlations. heiqht limitations. open space requirements. parkinq requirements. and other similar zoninq variances not related to a chanqe in use of the propertv in question. In addition, contributinq proiects as defined in section article 61.08.02 are eliqible for administrative zoninq ordinance variances. i. Before qrantinq an administrative variance the Countv Manaqer or desiqnee must find: a) That the variance will be in harmonv with the qeneral appearance and character of the communitv. b) That the variance will not be iniurious to the area involved or otherwise detrimental to the public health. safetv or welfare. c) That the proposed work is desiqned and arranqed on the site in a manner that minimizes visual impact on the adiacent properties. 110 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text EtFil~et~reblQh i& Sl;:lrfeAt text tEl be deleted. Bold text indicates a defined term ii. In qrantinq anv variances. the Countv Manaqer or Ili&---desiqnee mav prescribe anv appropriate conditions necessary to protect and further the interest of the area and abuttinq properties. includinq but not limited to: a) Landscape materials. walls and fences as required bufferinq. b) Modifications to the orientation of points of inqress and eqress. c) Modifications of site desiqn features. ee. aDen sDace. Historical/archaeoloqical resources that are to be preserved mav be utilized to satisfv required setbacks. buffer strips or open space UP to the maximum area required bv development requlations. Conservation of such historic or archaeoloqical resources shall qualify for anv open space requirements mandated bv the development requlations. ft. Densitv calculations. Acreaqe associated with historical/archaeoloqical resources preserved within the boundaries of a proiect shall be included in calculatinq the proiect's permitted densitv. qq. ADDeal. Anv partv aqqrieved bv a decision or interpretation of this division made bv the Countv Manaqer or the preservation board shall have the riqht to appeal said interpretation. decision or denial to the board of countv commissioners bv filinq a written notice of appeal with the Countv Manaqer within 30 workinq davs from the date of such decision. interpretation. or denial. The Countv Manaqer shall provide the board of countv commissioners with a copv of said notice of appeal. The notice of appeal shall be provided to the applicant bv certified nail, return receipt requested, and shall state the decision which is beinq appealed. the qrounds for the appeal. and a brief summary of the relief which is souqht. Within 30 workinq davs of the date of filinq the appeal. or the first reqular countv commission meetinq which is scheduled, whichever is latest in time, the board of countv commissioners shall hear the appeal and issue a final decision. Nothinq contained herein shall preclude the countv commissioners from seekinq additional information prior to renderinq a final decision.. hh. DisGo'ie.'Y or 3GGiooAta! diswreaAGO ef nisloriG3I1arGnaee!f)f'liGa! sites BAd fJreeerties riuFiFlf'l GOAstrUGtioAReserved. 111 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 01l608-.doc Text underlined is new text to be added. Text striketRr.sbl9A is sblrr.eAt text te l3e deleteEl. Bold text indicates a defined term ii. Discoverv or accidental disturbance of historical/archaeo/oaical sites and properties durina construction. If, durinq the course of site c1earinq. excavation or other construction activitv. an historic or archaeoloqical artifact. or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediatelv stopped and the followinq procedures shall be followed: a) The Countv Manaqer or Ilis--desiqnee and ceAlsliance services code enforcement shall be contacted. b) Countv Manaqer or desiqnee Cemsliance services shall officiallv notifv the propertv owner/developer of the discovery within 24 hours and shall issue a stop work order. c) A certified archaeoloqist contracted bv the propertv owner/developer shall determine whether the discoverv site requires further investigation based upon the size and distribution of this site. depth of deposits. soil tvpe. veqetation. and topoqraphv. i) If the site requires further investiqation. the certified archaeoloqist shall cordon off the identified area. at a point ten feet from the perimeter of the discovery site. ii) If the discovery site does not require further investigation, construction activitv mav resume after authorization bv a certified archaeoloqist. d) The certified archaeologist shall make recommendations for the treatment of accidental discoveries based on standards outlined in the "Treatment of Archaeoloqical Properties" in accordance with 36 CFR part 800. as amended. These recommendations shall be considered for incorporation into the applicable local development order. e) The certified archaeoloqist shall expeditiouslv assess the cordoned-off area and determine whether it is siqnificant based on criteria outlined in section n. i) If the identified area is determined to be siqnificant. an historical/ archaeoloqical survev and assessment shall be prepared 112 1:107 Amend the LDC12007 -Cycle 21LDC packetl01l608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text s.tril~etArelc:l!JR is: Sldrr:eAt t8Je!: te 130 EleleteEl. Bold text indicates a defined term bv a certified archaeoloqist for the entire proiect if one has not been completed as required bv this division. The certified archaeoloqist's recommendations derived from his survev and assessment shall be considered for incorporation into the applicable local development order. If an historical/archaeoloqical survev and assessment has been prepared in accordance with section m and section n, the recommendations shall be modified and incorporated into the local development order to reflect the additional site(s). ii) If the identified area is determined not to be siqnificant. a preliminarv survev of the entire proiect shall be conducted bv a certified archaeoloqist. Anv sites determined to be siqnificant durinq the preliminarv survev shall be subject to requirements in section E. Construction activitv within the cordoned- off area mav continue after all necessary artifacts and indicators have been recorded and upon authorization bv a certified archaeoloqist. f) The certified archaeoloqist shall prepare a report outlininq the results of his assessment and provide a copv to the Countv Manaqer 9f-flisor desiqnee. The Countv Manaqer er hisor desiqnee shall provide a copv of the report to the preservation board members. q) Land areas in close proximitv to the discovery site deemed to have historical/archaeoloqical siqnificance based on the criteria in section n shall be considered bv the preservation board for addition to the map of areas of historical/archaeoloqical probabilitv. II. Discovery of historical or archeoloqical sites and orooerties durinq site insoection. If. durinq a proiect review site inspection. an historic or archaeoloqical site. siqnificant artifact. or other indicator is found. the followinq procedures shall be implemented. i. The proiect review staff shall cordon off the immediate area and contact the Countv Manaqer Gf Ilisor desiqnee. 113 1:107 Amend the LDC12007-Cycle 21LDC packetl01l60B BCCIBCC 01160B-.doc Text underlined is new text to be added. TBJ~ s.triketArsblgtl is. SUFreAt text ts be deletes. Bold text indicates a defined term ii. The identified area shall be further cordoned off at a point ten feet from the perimeter of the discovery site as identified bv a certified archaeoloQist. contracted bv the propertv owner/developer. iii. The certified archaeoloqist shall assess the identified area and determine whether it is siqnificant based on criteria outlined in subsection n. a) If the identified area is determined to be siqnificant. an historical/ archaeoloQical survev and assessment for the entire proiect shall be prepared bv a certified archaeoloQist if one has not been completed as required bv this division. Recommendations derived from the historical/archaeoloqical survev and assessment shall be considered for incorporation into the applicable development order. If an historical/archaeoloqical survev and assessment has been prepared in accordance with section E, the recommendations shall be modified and incorporated into the local development order to reflect the additional areas. b) If the identified area is determined not to be siqnificant. the certified archaeoloqist shall complete a preliminarv survev of the entire site. Anv areas determined to be siqnificant durinQ the preliminarv survev shall be subiect to the requirements detailed in section ii. item iii.a. iv. Land areas in close proximitv and encompassinq areas deemed to have historical/archaeoloqical siqnificance based on criteria in subsection n shall be considered bv the preservation board for addition to the map of areas of historicallarchaeoloqical probabilitv. v. The certified archaeoloQist shall prepare a report outlininq the results of his assessment and provide a cOPV to the Countv Manaqer ef-Risor desiqnee. The Countv Manaqer or hisor desiqnee shall provide a cOPV of the report to the preservation board members. kk. Willful disturbance of historical/archaeoloaicallv sianificant sites. districts. structures. buildinas. and properties. Willful 114 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text: striketRrEl\:Igt:l is GldrreRt teJe!: te be deleted. Bold text indicates a defined term lootinq, pillaqinq. vandalizinq or desecration. as defined bv this division, of historical/archaeoloqicallv siqnificant sites. districts. structures. buildings. and properties constitutes a violation of section Epunishable as described in subsection 00. II. Willful disturbance of an unmarked burial or burial site. It is a violation of section E for anv person to willfullv and knowinqlv disturb an unmarked burial or burial site. or destrov. mutilate. deface. iniure or remove anv burial mound. earthen or shell monument containinq human skeletal remains or associated burial artifacts or other structures or items placed or desiqned for a memorial. or to disturb the contents of a tomb or qrave or for anv person to have knowledge that an unmarked human burial is being disturbed. vandalized. or damaqed and to fail to notifv the local law enforcement aqencv with iurisdiction in the area. Such actions mav also be punishable as a felonv pursuant to F.S. ch. 872. as amended. mm. Aooeals. Anv partv aqqrieved bv a decision or interpretation of this di'lisien requlation made bv the Countv Manaqer or the preservation hoard shall have the right to appeal said interpretation. decision or denial to the board of countv commissioners bv filinq a written notice of appeal with the Countv Manaqer within 30 workinq days from the date of such decision. interpretation. or denial. The Countv Manaqer shall provide the board of countv commissioners with a copv of said notice of appeal. The notice of appeal shall be provided to the applicant bv certified mail, return receipt requested. and shall state the decision which is beinq appealed, the qrounds for the appeal, and a brief summary of the relief which is souqht. Within'30 workinq davs of the date of filinq the appeal, or the first regular countv commission meetinq which is scheduled, whichever is latest in time. the board of countv commissioners shall hear the appeal and issue a final decision. Nothinq contained herein shall preclude the countv commissioners from seeking additional information prior to renderinq a final decision. nn. Jurisdiction. Section E shall applv to all unincorporated areas of Collier Countv. Florida. 00. Penalties. A violation of the provisions of section E shall constitute a misdemeanor and shall be prosecuted in the name of the state in the countv court bv the prosecuting attornev. and upon conviction shall be punishable bv civil or criminal penalties includinq a fine of not more than $500.00 per violation per dav for each dav the violation continues or whatever reasonable amount as a iudqe mav 115 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text stril~et/:1rebl9R is Cl:JrF6Rt text te be deletes. Bold text indicates a defined term feel appropriate and includinq a requirement that anv work or development performed contrary to section E must be removed and the propertv returned to its condition at commencement of said action. The board of countv commissioners shall have the power to collaterallv enforce the provisions of section E bv appropriate iudicial writ of proceedinq notwithstandinq anv prosecution as a misdemeanor. State law reference--Penaltv for ordinance violations. F.S. & 125.69. COrd. No. 92-73. & 2; Ord. No. 94-58. & 3.10-21-94) 116 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text strikethFSbI€l1:I is SldrreAt text te Ge deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Principal Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC2:45 LDC SECTION(S): 2.03.07.H CHANGE: Amend the text description of Santa Barbara Commercial Overlay (SBCO) boundary to reflect the past boundary expansion. REASON: The boundaries of the Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan of the Growth Management Plan (GMP) were amended (expanded) in October 2004, by Ordinance No. 2004-71, as recommended by the Golden Gate Area Master Plan Restudy Committee. Subsequently, the SBCO map in the Land Development Code was amended to reflect the expanded boundary. However, the corresponding text was not revised. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan of the GMP. GROWTH MANAGEMENT PLAN IMPACT: This amendment aids In the implementation of the Santa Barbara Commercial Subdistrict. OTHER NOTESNERSION DATE: August 30, 2007 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . . H. Santa Barbara Commercial Overlay District "SBCO"- Speci~lconditi~nsfor properties~buWng the east side of Santa Barbara Boulevard 8IlCl'the'WestisK:le of55th'Weri-ace:.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 117 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text ttriketRfSld!JR is GldrreRt text ta be deleted. Bold text indicates a defined term 2.03.07 H. below. . . . . . . . . . . . . 4. These regulations apply. t~prop~rtie~. abuttin~ th~.. .e~st . side of Santa Barbara Boulevard anotl'leWElSt'SKie"Of,55th"merraeei.S,W" lying north of 27th Court SW and south of 22~dPlac~S.vv,allin<30Iden Gate City, and consisting of approximately twetltV'~twO'~22~.!l~'/Elan:1) acres. These properties are identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required or allowed in the underlying zoning categories. 118 1:107 Amend the LDCI2007-Cycle 21LDC packetl01160B BCCIBCC 01160B-.doc Text underlined is new text to be added. Text stril,etArald~A is Gl,lrreRt teJa: te be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Dave Scribner/Sharon Dantini DEPARTMENT: Code Enforcement AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC 5:4 and LDC 5.5 LDC SECTION(S): 5.03.02(A) CHANGE: 5.03.02 Fences and Walls Section A to include permitting requirements for fences. REASON: Codification of 04-41 omitted specific language regarding the requirement to obtain a permit when building a fence or wall. Permit requirements according to LDC Section 1O.02.06(B)(1)(a) requires a permit for structures or buildings. "Fences" do not fit the definition of "building" or "structure" according to the LDC Section 1.08.02, Definitions, and in fact, the current definition of structure specifically excludes fences and walls. Code Enforcement has identified possible legal issues of enforcement pertaining to the requirement of the submission of a building permit for fences using the Land Development Code. Approval of Ordinance 2002-01 adopted the Florida Building Code and Code Investigative staff currently cites the Florida Building code reference that requires a building permit for all structures when enforcing fence permit issues. The Florida Building Code definition of structure is a more broad definition and so includes fences and walls. Adding the permit requirement back into the fence section of the LDC will be less confusing to the public with regard to this requirement, in that they will be able to access one code reference FISCAL & OPERATIONAL IMPACTS: Minimal. Code Enforcement is currently enforcing fence permitting issues by citing the Florida Building Code which has a broader definition of a structure. However, the change should provide easier public access to code references and ultimately a better understanding of code requirements. This pro-active approach to educating the public leads to voluntary compliance, which is Code Enforcement's goal. 119 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text stril~etRrebl€lt:l is Sblrr-imt tSJe!: ta be deleted. Bold text indicates a defined term RELATED CODES OR REGULATIONS: LDC 1.08.02 Definitions, Building, Structure; 1O.02.0l(B)(1)(a) Submittal Requirement for Permits; and Florida Building Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Revision date 8/23/07 Amend the LDC as follows: 5.03.02 Fences and Walls A. All districts. 1. Whenever a property owner elects to construct a chain link fence, pursuant to the provisions herein, adjacent to an arterial or collector road in the urban coastal area, shall not be located closer than three (3) feet to the right-of-way or property line, and said fence shall be screened from view by planting a hedge of living plant material at a minimum of thirty (30) inches in height and spaced a distance apart that will achieve an opacity of eighty (80) percent sight-obscuring screen within one (1) year of planting. An irrigation system shall be installed to ensure the continued viability of the hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes. a. Structures subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional fencing standards: i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a public right-of-way. Chain link and wood fencing facing a public or private street must be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material must be a minimum of three gallon in size and planted no more than three feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence (See Illustration 5.03.02 A.1.a. - 1). ii. Fences forward of the primary facade, excluding chain link and wood are permitted under the following conditions: (a) Fences must not exceed four feet in height. (b) The fence provides either an open view at a minimum of 25 percent of its length or provides 120 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text EtriketRralolgA is GblrreAt text tEl be deletes. Bold text indicates a defined term variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. (c) The fence style must complement building style through material, color and design. 2. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare of the general public. 3. All fences and walls shall be maintained in a manner that will not detract from the neighborhood or community. 4. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surrounding raw water wells in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jailor penitentiary, or by appeal to the BZA. 5. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a hazard. 6. Fences and walls shall be constructed of conventional building materials such as, but not limited to, concrete block, brick, wood, decorative iron or steel, and chain link. 7. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way_ If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived where said request has been requested in writing. 8. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee may approve an administrative variance from height limitations of fences and walls in all districts provided that at least one (1) health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code. 9. Existing ground levels shall not be altered for the purpose of increasing the hei ht of a pro osed wall or fence except as provided for within section 10. All fences and walls shall require a buildinQ permit pursuant to .section 10.02.06" unless specificallv exempted in this section of the Land Development Code. 121 1:107 Amend the LDCI2007-Cycle 21LDC packetlOll60B BCCI8CC 01160B-.doc Text underlined is new text to be added. Text 6tril~etAre~!J1=I is. G~rreRt text te be deleted. Bold text indicates a defined term THIS PAGE INTENTIONALLY LEFT BLANK - 122 1:107 Amend the LDC12007 -Cycle 21LDC packetl01l608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text 6tr.il~ett:trebl~R is GlmeAt text ta be deletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: Engineering Services AUTHOR: Robert C. Wiley DEPARTMENT: Engineering Services AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC6:IS LDC SECTION(S): 6.02.00 Adequate Public Facilities CHANGE: Correct a typographical error in the LDC that occurred during re- codification. REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: Created August 31, 2007. Amend the LDC as follows: 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS 6.02.01 Generally A. This section is intended to implement and be consistent with the GMP, S 163.3161 et seq., F.S., and the Florida Administrative Code, by ensuring that all development in the County is served by adequate public facilities. This objective is accomplished by the following: 1. Establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to serve development. 2. Establishing a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of 123 1:107 Amend the LDCI2007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text strihett:!rsbI€lt:! is. Sl:lrreAt tale!: te be deletes. Bold text indicates a defined term development on the public facilities. 3. No approval of the final subdivision plat, improvement plans, or authorization to proceed with construction activities in compliance with the same shall require the County to issue a development order or building permit if it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the GMP, or if issuance of said development order or building permit is inconsistent with the GMP. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County requirements for adequate public facilities. B. Procedures for determinations of vested rights for adequate public facilities are set forth in Chapter 10. C. Procedures for applications for certificates of public facility adequacy are set forth in Chapter 10. D. For the purposes of this section only. the following terms are defined as follows: 1. Capital for, ort necessa 2. Capital drainaqe facilities: The planninq of, enqineerinq for. acquisition of land for, or the construction of drainaqe and water manaqement facilities necessarv for proposed development to meet the LOS for drainaqe facilities. ~~. Capital road facilities or capital road improvement means and will include transportation planning for, engineering of, right-of-way acquisition for, and construction of any project eligible for inclusion as a road project in the road component of the (CIE) of the GMP or the Five-Year FDOT Work Program. ~. Capital potable water facilities mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water facilities. 4Q. Capital sanitary sewer facilities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 6Q. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. eZ- Comprehensive plan means a plan that meets the requirement of ~~ 163.3177 and 163.3178, F.S., and shall mean the GMP, where referenced in this section. 124 1:107 Amend the LClC12007-Cycle 21LClC packetl011608 BCCIBCC 01l60B-.doc Text underlined is new text to be added. Text strHtetAr91J~h is SldrreAt teJe!: ta be deletes. Bold text indicates a defined term ~. Constrained facilities are those road facilities which have been so designated by action of the BCC upon the recommendation of the County Manger or designee once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints, g~. Physical constraints exist when intensive land use development is immediately adjacent to existing through lanes making road facility expansion cost prohibitive, or when a road facility has reached the maximum through lane standards acceptable the to the county. For county maintained facilities, the maximum through lane standard for a road facility will be no greater than six through lanes with allowances for auxiliary or service lanes as deemed operationally necessary. For state maintained facilities, the maximum through lane standard will be as designated by the FDOT. 910. Environmental and policy constraints exist when decisions are made not to expand a road facility based on environmental, historical, archeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to road facility expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to road facility expansion can change over time, as needs and community goals change. 4011. Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted (LOS) standard as determined by roadway service volumes calculated by the County Manager or designee. ~12. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new development to be approved, in whole or part, as proposed development plans are submitted. ~~. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non-automotive transportation alternatives. 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 125 1:107 Amend the LDC\2007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text stril,etArflbl€l1=t is mmeRt text te be deleted. Bold text indicates a defined term 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. B. Annual update and inventory report on public facilities. The County Manager or designee shall complete an annual update and inventory report on public facilities (AUIR). The AUIR shall include an analysis of the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities; summarize the available capacity of these capital improvements (public facilities) based on their LOS; forecast the capacity of existing and planned public facilities identified in the five (5) year capital improvement schedule for each of the five (5) succeeding years, and ten (10) succeeding years for solid waste landfill capacity; and identify new projects needed to maintain or restore adopted LOS. The forecasts shall be based on the most recently updated schedule of capital improvements and Capital Improvements Plan (CIP) or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida bureau of economic and business research (BEBR), or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent County traffic data. The findings of the AUIR shall form the basis for the preparation of the next annual update and amendment to the CIE, the determination of any area of significant influence (ASI), and the review and issuance of development orders subject to the provisions of this section during the next year. C. Annual determination of adequate "Category A" public facilities (concurrency). The County Manager or designee will annually present the AUIR to the BCC, identifying deficiencies or potential deficiencies in potable water, sewer, sold waste, drainage, parks, and roads public facilities and remedial action options including, but not limited to, the following: 1. Establishment of an ASI; 2. Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via GMP amendment; b. Inclusion of necessary publiC facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the BCC, the state legislature, or the County voters; or d. Private development improvements guaranteed by an enforceable development agreement. 126 1:107 Amend the LDC12007 -Cycle 21LDC packetl011608 BCCI8CC 011608-.doc Text underlined is new text to be added. Text strikethFGId!Jt:a is CblrreRt text te be aelated. Bold text indicates a defined term D. The findings of the AUIR, once approved by the BCC, will form the basis for the preparation of the next annual update and amendment of the CIE and the annual determination of deficient or constrained "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five (5) years. The BCC shall provide direction to update and amend the ClE to include projects and revenues (within the first or second years for roads) needed to maintain or restore adopted LOS. Said direction shall constitute a finding of concurrent "Category A" facilities, except roads, for the review and issuance of development orders subject to the provisions of this section until the presentation of the next AUIR, except for any ASI designated areas or other areas subject to interim development controls. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update, the road facilities component of the AUIR will include an audit and update of the capacity balances in the Transportation concurrency Management System database. The update shall factor in all such development approvals since the previous AUlR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE The AUIR shall be the annual baseline of an ongoing, real-time concurrency determination for roads. E. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's AUIR analysis and BCC direction, the County Manger or designee shall recommend to the Planning Commission and the BCC an annual update and amendment to the CIE as part of the annual GMP amendment cycle. The recommendation will include the proposed financially feasible public facilities Schedule of Capital Improvements needed to maintain or restore adopted LOS standards as well as recommendations for the annual budget, projects, and suggested funding sources. . . . . . . . . . . . 6.02.04 Drainage Facility Level of Service Requirements A. The LOS for capital access drainaqe facilities varies among new or existing capital access drainaQe facilities owned or operated by a local government or other publiC entity, existing capital access drainaqe facilities owned or operated by private persons, and new capital drainaQe facilities owned or operated by private persons. 1. For those capital access drainaqe facilities (publicly or privately owned) that are in existence on the effective date of this section and for those new capital access drainaqe facilitv owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm return frequency event) in the Collier County Water Management Master Plan. 2. For new capital access drainaqe facilities owned or operated by private persons, the LOS is identified in the GMP. 127 1:107 Amend the LDCI2007-Cycle 2\LDC packetl01160B BCCI8CC 01l608-.doc Text underlined is new text to be added. Text strih:etRr9b1gi'l is SblrFeAt te.R ts be deletes. Bold text indicates a defined term B. Determination of public facility adequacy for 3GG9SS drainaqe facilities shall be granted if the proposed development has a drainage and water management plan that has been approved by the County Manager o[f=designee as meeting the LOS for Gfapital aGGess drainaqe facilities. 6.02.05 Park and Recreation Facility Level of Service Requirements A. The LOS for capital park and recreation facilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acres per 1,000 persons for community park land; and $240.00 of capital investment per capita (at current cost) for recreational facilities. B. Determination of public facility adequacy for park and recreation facilities shall be based on the following: 1. The required public facilities are in place at the time a final site development plan, final subdivision plat, or building permit is issued. 2. The required public facilities are under construction at the time a final site development plan, final subdivision plat, or building permit is issued. 3. The required public facilities are the subject of a binding contract executed for the construction of those public facilities that provides for the commencement of actual construction within one (1) year of issuance of a final site development plan, final subdivision plat, or building permit. 4. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 6.02.05 B.1., 6.02.05 B.2., and 6.0205 B.3. 6.02.06 Potable Water Facility Level of Service Requirements A. The LOS for capital potable water facilities varies between public water systems and private water systems. 1. For the Collier County Water and Sewer District, the LOS is 185 gallons per capita per day (GPCD). 2. For the Goodland Water District, the LOS is 163 GPCD. 3. For the City of Naples unincorporated service area, the LOS is 163 GPCD. 4. For the Everglades City unincorporated service area, the LOS is 163 GPCD. 5. For independent districts and private potable water systems, the LOS is the sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Sub-Element of the GMP, except that approved private wells are exempt from these LOS requirements. 128 1:107 Amend the LDCI2007-Cycle 21LDC packetl011608 BCCI8CC 01l608-.doc Text underlined is new text to be added. Te)~ striketl'lrsl;lQR is GldrreRt text ts be deletes. Bold text indicates a defined term B. Determination of public facility adequacy for potable water facilities shall be based on the following: 1. The required public facilities are in place at the time a final site development plan, final subdivision plat, or building permit is issued. 2. The required public facilities are under construction at the time a final site development plan, final subdivision plat, or building permit is issued. 3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 6.02.06 B.1. and 6.02.06 B.2. of the LDC. 6.02.07 Sanitary Sewer Facility Level of Service Requirements A. The LOS for capital sanitary sewer facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS for the North Sewer Area is 145 GPCD. The LOS for the South Sewer Area is 100 GPCD. The LOS for the City of Naples unincorporated sewer service area is 121 GPCD. B. The LOS for independent districts and private sanitary sewer systems is the sewage flow design standards identified in Policy 1.2.1 of the Sanitary Sewer Sub-Element of the GMP, as required by the State of Florida. Approved private septic systems are exempt from these LOS requirements. C. The determination of public facility adequacy for sanitary sewer facilities shall be based on the following: 1. The required public facilities are in place at the time a final site development plan, final subdivision plat, or building permit is issued. 2. The required public facilities are under construction at the time a final site development plan, final subdivision plat, or building permit is issued. 3. The required public facilities are guaranteed in an enforceable development agreement that includes the proviSions of subsections 6.02.07 C.1. and 6.02.07 C.2. 6.02.08 Solid Waste Facility Level of Service Requirements A. The LOS for capital solid waste disposal facilities is two (2) years of constructed lined cell capacity at the average disposal rate for the previous five (5) years, and ten (10) years of permittable landfill capacity at the average disposal rate for the previous five (5) years. B. The determination of public facility adequacy for solid waste disposal facilities shall be based on the following: 1. The required public facilities are in place at the time a final site development plan, final subdivision plat, or building permit is issued. 129 1:107 Amend the LDC12007 -Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc Text underlined is new text to be added. Text striltetRrebl€lA is Eament text tEl be deletes. Bold text indicates a defined term 2. The required public facilities are under construction at the time a final site development plan, final subdivision plat, or building permit is issued. 3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 1. and 2. above. 130 1:107 Amend the LDC12007-Cycle 21LDC packetl01l608 BCCIBCC 011608-.doc LDC Amendment ReQnest ORIGIN: CDES - Zoning Department AUTHOR: Catherine Pabacher DEPARTMENT: Zoning AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDC5:26 LDC SECTION(S): 5.04.07 Annual Temporarv Use Permits for Outdoor Servin!! Areas CHANGE: Add requirement for temporary use permit for outdoor dining areas for restaurants which is to be approved by the Board of County Commissioners on an annual basis. REASON: In order to promote a healthy relationship and minimize health, safety and welfare issues between nearby businesses, the establishment's customers and the surrounding property owners. FISCAL & OPERATIONAL IMPACTS: Cost of application fee to applicant should be borne by applicant and should be of a sufficient amount to cover the cost of processing the applications. At this point the estimated fee is approximately $300.00. The petitioner will be required to pay for advertising costs which are approximately $1.00 per property owner notified and the cost of posting a sign in front of the business which is approximately $800.-$1,2000. Renewal fees for advertising will be a flat fee for a one- time ad in a local newspaper as stated in the County's fee resolution. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: March 19, 2007; Amend the LDC as follows: 5.04.07 Annual Temporarv Use Permits for Outdoor ServinQ Areas For purposes of applvinq this subsection the followinq definitions shall applv: 1 1:\07 Amend the lDC\2007.Cycle 1\Revised after DSAC\5.04.Q7 temporary outdoor dining permits 050707 SMl.doc1l14/200B 1. "License" means authorization under the laws of Collier Countv to carry on the trade or business specified therein: 2. "Outdoor servino area' means anv area on private propertv which is licensed by the Countv tax collector to serve alcohol or food or both and is used bv a business for the servinq or consumption of food. beveraqes or refreshments which is not enclosed within a buildino structure or is exposed to the outdoors: 3. "Opaque barrier" shall mean a barrier which does not permit the transmission of liqht throuoh its structure: 4. "Owner" means a person who alono or with others has the riqht to possess or occuPV an outdoor servinq area and includes a lessee of an outdoor servino area or a premises on which an outdoor servinq area is located: 5. "Operator" means a person who alonq or with others operates, manaoes. supervises, runs or controls an outdoor servinq area: 6. "Person" includes an individual. a corporation and the heirs. executors. administrators or other leqal representatives of a person to whom the context can applv accordinq to law. 7. "Translucent" barrier shall mean a barrier which will permit the transmission of lioht throuqh its structure. 8. "Temporary use permit" shall mean a temporary permit reouired bv and which is issued bv the Board of Countv Commissioners to operate an outdoor servinq area. A. General 1. No person shall own or operate an outdoor servinq area in excess of 25 seats within the unincorporated area of Collier Countv without obtainino a temporary use permit annuallv in accordance with the provisions of these codes. 2. Anv temporary use permit issued under this code shall expire on December 31st in the vear it is issued. 3. The Board of Countv Commissioners shall make the final determination as to whether or not to approve. denv. revoke or approve with conditions anv temporary use permit pertaininq to outdoor servinq areas. 4. New permits mav be approved bv the Board of Countv Commissioners durinq any reqularlv scheduled public hearino however renewal hearinqs shall be conducted onlv durino the month of October to determine whether or not to approve requests 2 1:\07 Amend the LDC\2007-Cycte 1\Revised after DSAC\5.04.07 temporary outdoor dining permits 050707 SMl.doc1/14/2Q08 for all prior approved temporary use permits for outdoor servinq areas which are due to expire December 31st of that same vear. 5. No person shall eniov a vested riqht in the continuance of an approved temporarv use permit or a license and the value of the temporary use permit shall be the propertv of the Countv and shall remain so irrespective of the issue, renewal or revocation thereof. 6. An approved temporary use permit shall be transferred if the owner sells. leases or otherwise disposes of his outdoor servinq area or the premises or part thereof upon or in which the outdoor servinq area is operated. to anv person bv filinq a the appropriate transfer application to the Zoninq Department. Transfers shall be administrativelv approved. B. Application. 1. Every applicant for a temporary use permit to operate an outdoor servinq area in excess of 25 seats shall submit the application fee alonq with the completed application prescribed and shall furnish such information as the Countv Manaqer or his desiqnee mav direct: 2. Everv application for a temporary use permit for an outdoor servinq area mav be distributed to the Collier County Code Enforcement Department. the Collier Countv Sheriffs Department. the applicable Fire Department reviewinG aqencv, the Countv ZoninG Department. the Buildinq Department or anv other Government official or functionarv for a report and where anv such report is neqative or unfavorable to the applicant, and in the opinion of the Countv ManaGer or his desiqnees. shows adequate reason whv a temporary use permit should not be qranted. the applicant shall be furnished a copv of said report within 14 davs of its receipt bv the Countv ZoninG Department. 3. Every person applvinq for a temporary use permit shall file with the Zoninq Department. documentation satisfactory to the Zoninq Department demonstratinq the applicant's riGht to possess or occupv the premises to be used bv him as an outdoor servinq area. and if such person is not the reGistered owner of the propertv, the applicant shall file with the Zoninq Department a copv of his leases. if anv. and a copv of anv other document constitutinq or affectinq the leqal relationship between said applicant and the reqistered owner and a notarized affidavit from the reqistered owner qrantinq permission for the application for an outdoor servinq area license. 4. Without limitinq the qeneralitv of anv other provision of this code and the qeneral authoritv of the Board of Countv Commissioners to have reqard for the well beinG of the unincorporated Collier Countv and its residents in determininG whether to issue a permit. 3 1:\07 Amend the lDC\2007-Cycle 1\Revised after DSAC\5.04.07 temporary outdoor dining permits 050707 SMl.doc1J14/200B the Board shall be entitled to refuse and/or revoke a permit where: a. the conduct of the applicant affords reasonable orounds for belief that he/she will not carry on his trade. callinq. business or occupation in accordance with the law and with inteoritv and honestv: or b. there are reasonable qrounds for belief that the carrvinq on of the trade. callinq. business or occupation bv the applicant will result in a breach of this code or anv other code provision; c. the applicant is a corporation and its conduct or the conduct of its officers. directors. emplovees or aqents affords reasonable qrounds for believe that its trade. callinq. business or occupation will not be carried on in accordance with law and with inteoritv and honestv: or d. there are reasonable qrounds for belief that the premises, accommodation, equipment or facilities in respect of which the license is required to not complv with the provisions of this code or anv other code; or e. the conduct of the applicant or other circumstances afford reasonable qrounds for belief that the carrvino on bv the applicant of the business in respect of which the temporary use permit is souqht would infrinqe the riqhts. or endanqer the health, safetv or welfare of other members of the public. 5. The Board of County Commissioners mav revoke anv outdoor servinq area permit upon 14 davs notice to the owner for failure to abide bv Countv requlations or for actions which endanqer the health. safetv and welfare of other members of the public. C. Public Hearinq and Advertisino Requirements 1. New Temporarv Permit applications. a. The Board of Countv Commissioners mav conduct public hearinqs throuqhout the vear for new temporary use permit applications. Reqardless of the approval date, all BCC approved temporary use permits shall expire on December 31st of the same vear thev were approved. b. The petitioner for a new temporarv use permit shall bear the responsibilitv of notifvinq all propertv owners within 2.500 feet of the subiect site or the PUD boundary. whichever is more restrictive. in 4 1:\07 Amend the LDC\2007-Cycle 1\Revised after DSAC\5.04.07 temporary outdoor dining permits 050707 SMI.doc1/14/2008 accordance with the notification requirements of 10.03.05. B.11. c. The petitioner for a new temporary use permit shall bear the responsibilitv of placinq one siqn adiacent to each public arterial or collector road for which the subiect propertv (if an individual parcel or outparcel) abuts: or if located within a shoppinq center. each public arterial or collector road for which the shoppinq center abuts. in accordance with the postinq requirements and time frames established in section 10.03.05. B. 3 throuqh 10.03.05. B.5. 2. Renewals and transfers. a. The Board of Countv Commissioners shall conduct public hearinqs for permit renewals or transfers for valid temporary use permits two times durinq the month ef October, precedinq the December 31 expiration date. b. The on Iv advertisinq requirement for renewals and transfers shall be a one time ad placed in a local newspaper prior to each renewal hearinq notifvinq the public of applications received for renewal. where thev can qet the appropriate information reqardinq renewal applications and the scheduled date and time and location of the public hearino. Each applicant will be charqed a flat fee for newspaper advertisinq in accordance with the adopted applicable provision of the Countv's fee resolution. D. Operatino Requlations 1. No person whose is the owner or operator of an outdoor servinq area in excess of 25 seats shall permit the outdoor servinq area to operate without a temporary use permit. 2. No owner or operator shall operate or permit the occupancv of anv outdoor servinq area, reoardless of the number of seats. on any propertv. which is located within 1.000 feet of anv lands with a residential or estates zoninq desionation or which is used for residential purposes between the hours of 11 :00 p.m. Sundav throuqh Thursdav and 12:00 a.m. Fridav and Saturdav and 11 :00 a.m. on the followino dav unless the residential use or zoninq district is mixed use and allows for the mixinq of residential and non-residential uses within the same tract of land. 3. Everv owner and operator shall at all times post in all outdoor servinq areas in a location which is visible to all patrons a notice provided bv the County outlininq the countv's requlations with 5 1:\07 Amend the LDC\2007-Cycle 1\Revised after DSAC\5.04.07 temporary outdoor dining permits 050707 SMl.doc1/14/2008 respect to the operation of outdoor servinq areas and notifvinq the patrons of the noise ordinance. E. Outdoor Servinq Area Requirements 1. No person shall operate an outdoor servinq area in excess of 25 seats which is located within 1500 feet of the property line of land with a residential or estates zonino classification or which is used for residential purposes unless the outdoor servinq area is separated from the adiacent residential propertv by a solid translucent or opaque barrier of a minimum of six feet in heiqht alonq its perimeter for the purpose of noise reduction and security. This shall not applv to mixed use proiects as defined in D.2. above 2. Anv person who owns or operates an outdoor servino area. reqardless of the number of seats, which is illuminated and is in an area adiacent to a residential or estates zoninq district or a residential use, shall arranqe. desion and install the liqhtinq fixtures to deflect the liqht down and awav from nearbv residential buildinqs, lots and streets. 3. Live outdoor entertainment is prohibited in outdoor servinq areas, reqardless of the number of seats. or otherwise outdoors on premises on which establishments are located within 2500 feet of the propertv line of a residential or estates zoned propertv or a residential use unless that use is part of an approved mixed use development wherein the residential land uses are inteqrated within the same non-residential structure or are allowed to occUPV the same tract of land. 6 1:\07 Amend the LDC\2007-Cycle l\Revised after DSAC\5.04.07 temporary outdoor dining permits 050707 SMl.doc1/14/2008 Text underlined is new text to be added. Text s.triketl=lrsblSA is GlJrreRt text tel:le deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES - Zoning Department AUTHOR: Catherine Fabacher DEPARTMENT: Zoning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC5:26 LDC SECTION(S): 5.04.07 Permit for Outdoor Servin!! Areas with Entertainment CHANGE: Add requirement for a permit for outdoor serving areas with entertainment on private property; which is to be approved administratively or through the conditional use process for applications with a noise ordinance violation history. REASON: In order to ensure a healthy relationship and minimize health, safety and welfare issues between nearby businesses, the establishment's customers and the surrounding property owners. FISCAL & OPERATIONAL IMPACTS: Cost of application fee should be borne by applicant and should be of a sufficient amount to cover the cost of processing the applications. At this point the estimated fee is approximately $300.00 for administrative issuance of a one-time permit for outdoor serving areas with entertainment on private property. There will be a nominal fee associated with the issuance of a code violation history to be issued by Code Enforcement (yet to be determined) and submitted as a requirement by all applicants. When an applicant is required to pursue a permit issuance petition before the Board of Zoning Appeals through the conditional use process, the fee is $4,000. In addition, the applicant will be required to pay for property owner notifications which are approximately $1.00 per property owner notified and the cost of posting a sign in front of the business which is approximately $800.-$1,200. for properties greater than 1 acre and considerably less for properties under 1 acre. Finally, the applicant for a conditional use hearing must pay a $4,000. application fee and the advertising costs of the 2 required public hearings (the CCPC and the BZA). RELATED CODES OR REGULATIONS: Noise Ordinance (No. 90-17) in the Code of Laws and Ordinances. GROWTH MANAGEMENT PLAN IMPACT: None 1 1:\07 Amend the LDC\2007-Cycle 1\Revised after CCPC\S 04 07 permits for outdoor serving with entertainment 090607 SMI-CAF (3).doc 1/14/2008 Text underlined is new text to be added. Text striketRrsl:IQA is GloIffeRt text te be seleteef. Bold text indicates a defined term OTHER NOTESNERSION DATE: Created March 19, 2007; revised May 4, 2007 after DSAC; and revised August 23, per CCPC. Revised September 10, 2007, per the CCPC. Revised September 17, 2007. Revised September 20,2007, per the CCPC. Amend the LDC as follows: 1.08.02 Definitions Amolified sound: The use of a public address svstem, loudspeaker. amplifier and anv other device which electronicallv auqments the volume of sound. 5.04.07 Permits for Outdoor Servinq Areas with Entertainment on Private Propertv A. Applicabilitv. Owners/manaqers of outdoor servinq areas with entertainment on private propertv adiacent to and a part of an eatinq or drinkinq establishment, servinq food/beveraqes within the unincorporated area of Collier Countv shall obtain a permit for such activitv. 1. No person shall own or operate an outdoor servinq area for food or beveraqes. or both. in coniunction with entertainment on private propertv within the unincorporated area of Collier Countv unless a permit is obtained, in accordance with the provisions set forth herein. a. This requirement shall not applv if the residential use or zoninq district is mixed use and allows for the mixinq of residential and non-residential uses within the same development. b. For purposes of this section, entertainment shall be considered to include any source of amplified sound. includinq but not limited to. radios. televisions. video qames and amplified music. 2. A permit to operate outdoor servinq areas with entertainment on private propertv mav be issued administrativelv unless 1 or more findinqs of violation of the Collier Countv Noise Ordinance (Ord. No. 90-17. as amended) have been issued to the owner/manaqer of the facilitv bv the Collier Countv Code Enforcement Department. 3. Permit applications for outdoor servinq areas with entertainment on private propertv bv owners/manaqers who have been issued 1 findinq of violation of the noise ordinance within the past 12 2 1:\07 Amend the LDC\2007-Cycle 1\Revised after CCPC\5 04 07 permits for outdoor serving with entertainment 090607 SMI-CAF (3).doc 1/1412008 Text underlined is new text to be added. Text striltethrsuQA is. Gblrr:eAt text ta be Gfeletes. Bold text indicates a defined term months shall be heard bv the Board of Zonin!:! Appeals as a conditional use. subiect to the standards and procedures established in section 10.08.00. 5. All operators of eatinq and drinkinq establishments with existinq outdoor servinq areas with entertainment on private propertv shall obtain a permit no later than Mav 31. 2008. Failure to obtain the permit will result in the issuance of a notice of violation. 6. Such permit shall be transferred if the owner sells. leases or otherwise disposes of his outdeor servinq area or the premises upon or in which the outdoor servinq area is operated. to anv person bv filinq the appropriate transfer application to the Zoninq Department. a. Transfers shall be administrativelv approved, unless 1 findin!:!s of violation of the noise ordinance have been issued to the owner/mana!:!er within the last 12 months. In that case. an application for an outdoor servinq area with entertainment permit transfer shall be heard bv the Board of Zonin!:! Appeals as a conditional use, subiect to the standards and procedures established in section 10.08.00. b. The Board of Zoninq Appeals shall make the final determination as to whether er not to approve. denv. revoke or approve with conditions anv permit pertainin!:! to outdoor servinq areas with entertainment on private propertv. 7. The issuance of such a permit shall not eliminate the obliqation of the applicant to obtain all other permits required under local. state and federal requlations: includinq. but not limited to: amplified sound permits. occupational licenses. alcohol licenses, special event permits and the like. B. Application. 1. An applicant for administrative approval of a permit to operate an outdoor servin!:! area with entertainment on private propertv shall submit the followinq: a. a completed application. as prescribed bv the Countv Manaqer or desiqnee; b. a code violation historv issued bv the Collier Countv Code Enforcement Department dated no more than 30 davs prior to the date of the application submittal: 3 1:\07 Amend the LDC\2007-Cycle 1\Revised after CCPC\5 04 07 permits for outdoor serving with entertainment 090607 SMI-CAF (3).doc 1/1412008 Text underlined is new text to be added. Tm<t strikett:trsblQR is. Sl:JFreRt tSltt te sa deleteGl. Bold text indicates a defined term c. a valid non-residential zoninq and land use certificate issued by Collier Countv: and d. an application fee as specified in the CDES fee schedule. 2. An applicant for approval to operate an outdoor servinq area with entertainment on private property throuqh the conditional use process shall follow the public notice requirements identified in section 10.08.00 of the Code. 3. In the interpretation and application of anv provIsion of these requlations. it shall be held to be the minimum requirement adopted for the promotion of the public health, safetv. comfort, convenience. and qeneral welfare of unincorporated Collier Countv and its residents. In determininq whether to issue a permit, the Board shall be entitled to refuse/revoke a permit where: a. the use will not be of a tvpe or intensity consistent with surroundinq land uses and the reasonablv quiet and peaceful eniovment thereof: b. the use will cause anv danqer or health hazard to anv person; c. the use will result in the depletion. destruction. removal. tramplinq or other damaqinq of existinq veqetation: d. the use will be conducted in violation of Land Development Code or anv other Countv codes: e. the use will not have sufficient areas. available on private lands, for parkinq to accommodate the extra seatinq as required bv subsection 4.05.04 G. of the Code: or f. in the case of a special event that has been previouslv held at the facilitv. the operator has not demonstrated compliance with permit conditions or with anv previous penn;t. includinq without limitation. siqnaqe restrictions. C. Suspension of permit. 1. The approval of an outdoor servinq area permit is temporary at all times. An outdoor servinq area permit mav be suspended bv the Countv ManaQer or desiqnee upon a findinq that one or more conditions of this section have been violated. or the issuance of 1 findinq of violation of the noise ordinance has been issued bv the Collier Countv Code Enforcement Department. 4 1:\07 Amend the lDC\2007-Cycle 1\Revised after CCpe\S 04 07 permits for outdoor serving with entertainment 090607 SMI-CAF (3).doc 1/14/2008 Text underlined is new text to be added. T81ft strikethreblS)h is GIdFreAt te)R te be deletes. Bold text indicates a defined term 2. The suspension order shall be in writinq. settinq forth specific reasons and providinG an effective date. The suspension shall remain in effect until such time as a public hearinq is conducted by the Board of Zoninq Appeals to revoke the permit or lift the suspension. 3. A decision reqardinG an outdoor servinq area with entertainment permit. or the suspension of said permit. mav be appealed to the Board of ZoninG Appeals within 30 davs of said decision. The Board of Zoninq Appeals shall hear the appeal after due public notice. D. Public HearinG and Advertisinq Requirements 1. Issuance of permit for outdoor servinq areas with entertainment on private propertv. where 1 findinq of violation of the noise ordinance have been issued. a. An application for an outdoor servinq area with entertainment on private propertv permit shall be heard bv the Board of ZoninG Appeals as a conditional use as provided for in section 10.08.00. E. OperatinG Requlations 1. No outdoor servinG area with entertainment on private propertv shall be permitted to operate without a permit. 2. No owner/manaGer shall operate or permit the occupancv of anv outdoor servinq area with entertainment on private property. that is located within 1,000 feet of anv lands with a residential or estates zoninq desiqnation or which is used for residential purposes durinq the followinG times. Sunday through Thursday 11 :00 p.m. - 11 :00 a.m. Friday through Saturday 12:00 a.m. - 11 :00 a.m. a. These time restrictions shall not applv if the residential use or zoninq district is part of a mixed use proiect. approved throuqh the conditional use process; a mixed use proiect, approved thrOUGh the mixed use proiect approval 5 1:\07 Amend the LDC\2007-Cycle 1\Revised after CCPC\5 04 07 permits for outdoor selVing with entertainment 090607 SMI-CAF (3).doc 1/1412008 Text underlined is new text to be added. Text striketl:1Febl!Jh is SblrreAt text tsl3e aeleteEl. Bold text indicates a defined term process or part of a Planned Use District (PUD) component desiqnated as mixed use. 3. Every owner/operator shall at all times post in all outdoor servinq areas. in a location which is visible to all patrons. a notice provided bv the Countv, notifvinq the patrons of the requirements of this permit. F. Requirements for outdoor servinq area with entertainment on private property. 1. No person shall operate an outdoor servinq area on private propertv which is located within 1500 feet of the propertv line of land with a residential or estates zoninq classification or which is used for residential purpOSes unless the outdoor servinG area is separated from the adiacent residential propertv bv a solid translucent or opaque barrier of a minimum of six feet in heiqht alonq its perimeter. or other interveninq structure, for the purpose of noise reduction and securitv. This shall not applv to mixed use proiects as defined in subsection A.1.a.. above. 2. Anv person who owns or operates an outdoor servinG area with entertainment on private propertv. which is illuminated and is in an area adiacent to a residential or estates zoninG district or a residential use. shall arranGe. desiqn and install the Iiqhtinq fixtures to deflect the liqht down and awav from nearbv residential buildinqs. lots and streets. 3. Live outdoor entertainment is prohibited in outdoor servinq areas. on private propertv. or otherwise outdoors on premises on which establishments are located within 2500 feet of the propertv line of a residential or estates zoned propertv or a residential use unless that use is part of an approved mixed use development wherein the residential land uses are inteqrated within the same non- residential structure or are allowed to occUPV the same development. G. Reserved rOutdoor servinq areas on public propertv.] 6 1:\07 Amend the LDC\2007-Cycle 1\Revised after CCPC\S 04 07 permits for outdoor serving with entertainment 090607 SMI-CAF (3).doc 1/14/2008 LDC Amendment Request ORIGIN: County Attorney's Office AUTHOR: JeffKlatzkow DEPARTMENT: CDES AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDC10:31-32 LDC SECTlON(S): 10.02.03 Submittal Requirements For Site Development Plans CHANGE: (I) Add provision for County Manager or designee to determine that a use is not compatible during the site development plan (SDP) review process, with an approval procedure though the Planning Commission and the Board of County Commissioners.. REASON: Even though a use may technically be permitted, they are certain situation, such as commercial site layout, where a use may not be compatible with adjoining residential neighborhoods. CHANGE (2) Add provision which prohibits operating an outdoor serving area with outdoor entertainment on private property which is located within 1500 feet of the property line of land with a residential or estates zoning classification unless the outdoor serving area with outdoor entertainment is separated from the adjacent residential property by a sound attenuation barrier which reduces the sound volume to no greater than 55dBA as measured from the nearest or most effected residential property line. (3) Add provision which prohibits live outdoor entertainment in outdoor serving areas, on private property, or otherwise outdoors on premises on which establishments are located within 2500 feet of the property line of a residential or estates zoned property or a residential use unless that use is part of an approved mixed use development wherein the residential land uses are integrated within the same non- residential structure or are allowed to occupy the same development. REASON: To protect and enhance the quality of life in existing residential neighborhoods. FISCAL & OPERATIONAL IMPACTS: This may add additional time for the approval process. In addition, a separate fee may need to be created for this process. RELATED CODES OR REGULATIONS: 10.08.00 Conditional Use GROWTH MANAGEMENT PLAN IMPACT: None. 1 1:\07 Amend the lDC\2007-Cycle 1\Amendments\10 02 03 Non-compatible Uses post cepe 10-22-07.doc OTHER NOTESNERSION DATE: Created October 3, 2007; Revised 10/22/07; 10/25/07 Amend the LDC as follows: 10.02.03 Submittal Requirements For Site Development Plans A. Generally. 4. Site development and site improvement plan standards. The County Manager or his designee shall review and consider all site improvement and site development plans in accordance with the following standards: a. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space, common facilities, conservation/preservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. b. Development compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe, or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval. c. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping. d. Adequacy of recreational facilities and open spaces considering the size, lecation, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development, and the relationship to community-wide open spaces and recreation facilities. 2 1:\07 Amend the LDC\2007-Cycle 1\Amendments\10 02 03 Non-compatible Uses post cepe 10-22-07.doc e. Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land uses as well as compatibility with adjacent land uses. f. Water management master plan on the property, considering its effect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained shall be corrected according to approved plans within 30 days. The engineer of record, prior to final acceptance, shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system. g. Adequacy of utility service, considering hook-in location and availability and capacity for the uses projected. h. Signage proposed for the project in conformity with section 5.06.00, and a unified sign permit shall be applied for with the submittal packet for the site development or site improvement plan. i. Architectural design of the building for all commercial developments located in any commercial zoning district. j. Such other standards as may be imposed by this Code, the growth management plan or other applicable regulations for the particular use or activity proposed. 5. Non-compatible uses. It is recoqnized that there are uses and accessory uses which. because of their very nature, have characteristics that do not meet the compatibilitv criteria of this ordinance and thus adverselv impact adiacent residential areas. It is recoqnized that the location of even one such use near a residential neiqhborhood causes a deleterious effect. Special requlation of these uses is necessary to ensure that these adverse impacts will not contribute to the bliqhtinq and downqradinq of the surroundinq neiqhborhood. a. Within 15 davs from submittal of anv site development plan. it shall be within the discretion of the County Manaqer or desiqnee to refuse approval of such site development plan if it includes a use that. in the professional iudqment of the Countv Manaqer or desiqnee. is not compatible with and has the potential to cause a deleterious effect upon an adiacent residential neiqhborhood. b. Notice of such refusal shall be promp!lv mailed to the applicant for the site development plan. Applicant and staff will meet at their earliest convenience to discuss and attempt to amicablv resolve 3 1:\07 Amend the LDC\2007-Cycle 1\Amendments\10 0203 Non-compatible Uses post cepe 10-22~07.doc the compatibility issues, which can include. but is not limited to. movinq the questioned use to another location within the development. c. Should the parties be unable to reach an amicable solution, the matter will be promptlv referred to the Collier Countv Planninq Commission. At a publiclv noticed hearinq, the Planninq Commission will review the proposed use make a findinq as to (1) whether the proposed use was intended for this site, as set forth in the zoninq ordinance. and (2) whether such use can be made compatible with the adioininq residential neiqhborhood throuqh the imposition of certain conditions or restrictions, includinq but not limited to locatinq the use to another location within the development. bufferinq. Iimitinq hours of operation. requirinq a vestibule. walls, and relocatinq dumpsters. d. Should either the County or the applicant be unwillinq to abide with the findinqs and recommendations of the Planninq Commission. the matter will then be forwarded to the Board of Countv Commissioners for a public hearinq. to be conducted in the same manner as LDC Section 10,08.00. except that notice purposes 10 davs prior notice bv publication will be sufficient. e. Separation requirements. i. No person shall operate an outdoor servinq area with outdoor entertainment on private propertv which is located within 1500 feet of the propertv line of land with a residential or estates zoninq classification or which is used for residential purposes unless the outdoor servinq area with outdoor entertainment is separated from the adiacent residential propertv bv a sound attenuation barrier utilizinq sound reducinq material desiqned bv an acoustical enqineer. The enqineer shall certifv that the sound volume emanatinq from the outdoor servinq area will at no point in time be qreater than 55dBA as measured from both the nearest and most effected residential propertv line. Another interveninq structure mav qualifv for the purpose of noise reduction. if an acoustical enqineer can certifv that this structure will reduce the volume from the outdoor servinq area so that at no time it shall be qreater than 55dBA as measured from the nearest or most effected residential propertv line. ii. Live outdoor entertainment is prohibited in outdoor servinq areas. on private propertv. or otherwise outdoors on premises on which establishments are located within 2500 feet of the propertv line of a residential or estates zoned propertv or a residential use unless that use is part of an approved mixed use development wherein the residential land uses are inteqrated within the same non-residential 4 1:\07 Amend the LDC\2007-Cycle 1\Amendments\10 02 03 Non-compatible Uses post cepe 10-22-07.doc structure or are allowed to occUPV the same development. a 2. Conceptual site development plan review and approval. At the request of the applicant and subject to the applicable fee set forth in the schedule of fees, planning services department will complete a conceptual review and issue a written summary of issues of concern and conceptual approval. This conceptual approval shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the requirements of the Code and may be approved subject to further review, changes and modifications. 5 1:\07 Amend the LDC\2007-Cycle 1\Amendments\10 02 03 Non-compatible Uses post cepe 10-22-07.doc