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Ordinance 2008-63 ?1,2,2 <,? "'11' ~'\ ~~ ORDINANCE NO. 08.63 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 . GENERAL PROVISIONS, INCLUDING SECTION 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 . ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION; CHAPTER 4 - SITE DESIGN STANDARDS AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.27 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE - STATE ROAD 29A COMMERCIAL OVERLAY SUBDISTRICT, 4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), SECTION 4.03.08 FACILITY AND SERVICE IMPROVEMENT REQUIREMENTS, SECTION 4.05.06 LOADING SPACE REQUIREMENTS, SECTION 4.05.08 BICYCLE PARKING REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.05.08 ARCHITECTURAL AND SITE Page 1 of 57 c, Words struck t"'oHgh are deleted, words underlined are added DESIGN STANDARDS, SECTION 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS. SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM. SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.02.05 PARK AND RECREATION FACILITY LEVEL OF SERVICE REQUIREMENTS, SECTION 6.02.06 POTABLE WATER FACILITY LEVEL OF SERVICE REQUIREMENTS, SECTION 6.02.07 SANITARY SEWER FACILITY LEVEL OF SERVICE REQUIREMENTS, SECTION 6.02.08 SOLID WASTE FACILITY LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.03 STREETLIGHTS; CHAPTER 8 _ DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 ESTABLISHMENT, POWERS AND DUTIES AND THE ADDITION OF SECTION 8.03.08 APPEALS; CHAPTER 9 VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION; CHAPTER 10 - APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 1 0.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30. 1991. the Collier County Board of County Commissioners adopted Ordinance No. 91-102. the Collier County Land Development Code (hereinafter LDC). which was subsequently amended; and Page 2 of 57 Words "!rusk tRrsHgh are deleted, words underlined are added WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004. adopted Ordinance No. 04-41. which repealed and superseded Ordinance No. 91-102. as amended. the Collier County Land Development Code. which had an effective date of October 18. 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the first amendment to the LDC for the calendar year 2008; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners. in a manner prescribed by law, did hold advertised pUblic hearings on September 24. 2008 and October 30, 2008 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1). Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. S 163.3161 et seq.). and F.S. S 125.01(1)(t) and (1)(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, !l1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. Page 3 of 57 Words struck lhl'oegh are deleted, words underlined are added NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County. Florida. that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact 1. Collier County, pursuant to Sec. 163.3161. et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan. the Act and in particular Section 163.3202(1). Fla. Stat.. mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat.. provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b). Fla. Stat.. requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan. or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat.. states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. 7. Section 163.3194(1)(a), Fla. Stat.. mandates that after a comprehensive plan, or element or portion thereof. has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan. or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat.. a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 4 of 57 Words struel: thnlHgh are deleted, words underlined are added 9. Section 163.3194(3)(b), Fla. Stat.. requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses. densities or intensities. capacity or size. timing. and other aspects of development are compatible with, and further the objectives, policies. land uses. densities. or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30. 1991, Collier County adopted the Collier County Land Development Code. which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land. water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problerns that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve. promote. protect and improve the public health. safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation. water, sewerage. schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the proviSions of the Collier County Comprehensive Plan. Chapter 125. Fla. Stat.. and Chapter 163, Fla. Stat.. and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. : DELETION OF SECTION 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS Section 1.04.04 Reduction of Required Site Design Requirements. of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby deleted as follows: 1.01.01 ReallctieR ef Rellllirea Site DesigR RelllliremeRts ^ .,. ~Jo part of a refluired yarE! . requir-eE! epen 5paGB , rofluireE! off stroot parking spaGe. or refluir-ed off stroet leading spaGO , Page 5 of 57 Words simek through are deleted, words underlined are added ---------- --------" provideEf in GonnoGtien with ono builsing . structure. or uso shall be inGluEfed as meeting the roquireFAents for any ether. struGturEJ. or use. eXGept where sl'leGific prevision is FAaso in this LDC. B. Minimum s13nEfarss; nonconf-orFAities GroatoEf by pul:llic acquisition. 1. .^.II lots er yards Groated after the effeGtive date of this CoEfo [Fel:l. 11, 200ll] FAust Gemply with the refluirements thon establisheEf I:ly this CoEfo. 2. Ne let, even thou€lh it FAay Gonsist ef ene or FAer-e al:lutting lots of reGorEf. or yard, oxisting at the effeGtive €late ef this CeEfe [Feb. 14. 200llj or lawfully oxistiRg en the effeGtivo sate [Feb. 11, 2996] of al'll'llisal:lle aFAenEfFAeRts te this CeEfo shall thereafter be reEfuGes in its Efegr-ee of cOFAplianGe, inGlusing its size, siFAensien. or area, I:lelow tho FAiniFAuFA r-efluireFAeRts then sot forth in this Code, eXGel'lt lly r-eason ef a pertieR thereef beiRg llGfluir-ed for pullliG lolse in any FAanROr, iRGlusing desiGation, conEfeFARation, purGhase, ans tne like. a. RefluireEf yarss on iFApre'leEf lets . let ar-ea, lot cO'lera€lo on iFAI'lr9'1oEf lets , anEf let diFAonsiens renser-ed nonGoRforFAin€l or more legally nonGenfermiRg as a result of being aGfluired for publiG use, may I:lo r-eEfused by the same EfiFAensioR. area, or 3m9uAt iA'.~el\'oE1 iR tRe 8osic:JtioR, GOAGOFnAation, purGnase, or similar methed ef aGfluisitien fer publiG uso, I:lut shall Ret result in a freRt yars of less than ten foot (10') in Efel'lth. AGserdingly, the resultin€l Efe€lrEle of nonsenfermity of the area anEf diFAensiens of a lot ami tho rofluireEf yarss '.\lith this Cese's then Gurrent rElfluirements will be EfeemeEf lavJfuI unless or until tho remaining let er yar-a is rElGroateEf, typieally I:ly re Efovelel'lmeRt, re I'llat or let re Geml:linution, at whiGh tiFAe SUGh lots and yarEfs must Gemply with the rOfluiremeRts theR estal:llisheEf by this CeEfe. Further. no Genferming let etnerv/iso fluulifying fer II let split or let line aEijustment pursuunt te SeGtien 10.02.02. B.ll; 10.92.02, 13.12. 1.04.01 or 9.Od.9d.:' 8 may bo sonies SUGh uppreval solely on the grounss tnat the rosulting let or lots .....eulEf be less than the refluirod miniFAum area fer SUGh lot(s) in the al'lplieal:lle zoning sistrict uS a rosult of aGquisition. freFA Fel:l. 11. 2006. b. Othor existing site relates legal nonGonformities. inGluEfing theso rendered mere nonGenferming uS u rosult of aGquisition for publiG use anEf .....hiGh pertain to this Code's or othor ceunty Gode roquiremonts. SUGh as, but not IimiteEf to, sterm'llater manugeFAent. lanEfsGuping or buffers, preserves. on or off site Page 6 of 57 Words struck thl'osgh are deleted, words underlined are added parking. areRiteGtuml design stanEfarEfs. oto.. will bo doeFl1od logally neAGeRforming . and all SUGh resulting nonGeAforFl1ities may be allowed te remain so nonGenf-erming, uAless or until the reFl1aining let or yard is subse"luently ro creatsEf or ro devslepeEl. at whish timo SUGh sito relatod nenGonformitiss and dO'lelopFl1ent Fl1ust Gemply with the thon existing requiremonts of this Code. c. In these GireumstaAGeS whero aGfluisitioR fer ~ubliG use of a pertien of a let or yard woulEf result in ens or more AonGenrol'Fl1ities that '/IeulEf refluir-e approval ef a develepment erEfer er perFl1it in or-Efer te im~leFl1ont tho terFl1s of tt-!o aGquisitien. i.e., in erEfer Ie Gure or reFl1eEly 1/:1e e#eet of aA aGfluisitien, (e.g., aR SDP or buildiRg pormit refluiroEf to rolecate a prier exiEtin€l 8uilEfin€l ), the CeunPj manager, er Elesi€lRee, is autRorizeEf to approve SUGh Efo'/elo!'lFl1ent erEfer er ~erFl1it se len€l as any prier existing legal RonGoAforA'lity ef the type set forth in a. aaeve 'Neuld Rot be inoreasod. J. T/:1ls seGtion may ae a~~lied te theso aequisitieAs eGGurring prior to the aEfeptien ef t/:1is erEfinanGe se leng as tho purG/:1ase or dediGatioA of the property Ras net GleseEf. or the GOAdeFl1nation preGeeding r-elatin€l te t/:1e preperty aGquireEf has Aet reaGReEf final disposition. C. OtRer than previEfeEf for imFl1eEfiately aae'/e, refluireEf off stroot p3Fhin~ Sh311 net be Fe€JUGe8 iA 3r83 Sf ehan~e€l 18 :lAY ether b1EO unless the ~ermitteEf er pormlssible UEe that it sorves is EfisGentinued er moElifieEf, or efluivalent refluired eft street !'larking is ~re'/iEfeEf moeting the r-efluirements eft/:1is LDC. * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * Park, fJoighlmrAooff: 1'. pU81iG park, eWFled anEf maintaineEf by COlli:~ ;~u;~ I'IhiGh is intonEfoEl to serve the AeeEfs of the lOGal eemmunily and: is leGateEf w'o.i h (E:states) zoning EfistriGt. er any residential zeRin€l ElistriGt or FOsiEfential GOFl1P=~? a plannoEl unit Efo'lelepment; IS oempnseEf of ne mero t/:1at five aGros ef lanEl; ~ to whiGh is previdoEf t/:1rou€lh non '1ohiGular Fl1eans. with AO eA site parking faciij'ij;;; ;~d proviEfes only basiG park faGilities and amenities EUGR as, aut net IimiteEf te, sidewalks, Page 7 of 57 Words streck lhl'oegh are deleted. words underlined are added nOR Qir GonGitieneG sheltoFs. bihe racl(s. drinking fountains anG playgrounG equipment. . . . . . . . . . . . . Park. neiahborhood: Means a park which serves the population of a neiqhborhood and is qenerally accessible by bicycle or pedestrian ways. . . . . . . . . . . . . Passive Recreation: Activities characterized by a natural resource emphasis and non- motorized activities. These activities are deemed to have minimal neaative impacts on natural resources: or are consistent with preservation. enhancement. restoration and maintenance aoals for the purpose of habitat conservation. Examples of passive recreation include. but are not limited to. bird watchinq and nature study. swimmina. picnickina, hikina. fishina and huntinq. where appropriate. . . . . . . . . . . . . Post Take Plan: A plan depictina site modifications. enhancements. and/or deviations from the requirements of this code as set forth in Section 9.03.07. or from the requirements of a PUD or Conditional Use as may be applicable. where such modifications. enhancements. and/or deviations are desiqned to remediate. mitiaate. minimize. or resolve site impacts caused by a Take to an improved property. or unimproved properly where an application for Development Order has been made. A Post Take Plan may include. but is not limited to. any or all of the followina: redesian or relocation of inaress/earess: replacement of all. or a portion of. lost parkina spaces: redesian of internal vehicular circulation patterns; relocation or replacement of si~naae. redesiqn or relocation of stormwater retention. detention. or conveyance facilities. replacement of landscapina materials and/or irriqation fixtures; redesiqn or relocation of landscape buffers. preserves. or conservation areas: and similar types of site related modifications or enhancements. . . . . . . . . . . . . Public utilitv ancillary svstem: The individual or collective appurtenant eauipment and structures owned or operated by a public or Quasi public entity which are intearal to treatment facilities that provide raw water. potable water. irriaation quality (IQ) water and wastewater services. . . . . . . . . . . . . Take or Takina: A parcel of land or a lot or portion thereof. or parcels or lots in combination or a portion thereof. that Collier County (or other aovernmental aaency with eminent domain powers). or a private party or parties under aareement with Collier County or other qovernment entity. has acquired or proposes to acquire for public use. whether by fee simple title or by easement. reaardless of whether that aCQuisition occurs throuah dedication. condemnation. purchase. q/ft. or some similar manner. . . . . . . . . . . . . Page 8 of57 Words .true" threugh are deleted, words underlined are added Veaetation. protected: Any Iivino. woody plant (tree. shrub or oroundcover) and any dead woody plant that has a nest of a bald eaole. Nuisance invasive vines and nuisance invasive oroundcover are not protected veoetation. * * * * * * * * * . . * V'Ie.'!s, raw I'later: Ti:1e insi'liEfual Elr GelleGtive oXG3vations and resulting apl'lur:tonant equipmont o'....neEf Elr oper-ated BY a publiG or fluasi publiG eAtity wi:1ici:1 are ti:1e seurGO of raw wator usoEf to prtl'/iEfe pUBliG irrigatioA or l'lotaBlo '.'1ater. '//i:1en 'Nator fr-em SUGi:1 wells is GElnveyoEf ti:1reugh I'lhysieally GonnestoEf infF.3struGture to 13 pUBlic Elr fluasi I'llJbljc treatmont fasility, the system Elf pi:1ysiGally iAter sonneGtoEf infrastruGture anEf ~s G;;~; be GElnsidereEf tEl Be GelleGtively IElsateEf "en site" as that term is te Be al'lplie' ~ P PoliGies 13.1.1. and 13.1.2., aAEf any iml'llomeAtiAg land Efevelol'lment rogulatiens. * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 2.03.01 Agricultural Zoning Districts A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities. support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances. may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided. in part. by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural/agricultural district (A). * * * * * * * * * * * * Page 9 of 57 Words s!ruck through are deleted, words underlined are added ..__...,'..._.....~..__.._~---_.-,- c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), sUbject to the standards and procedures established in section 10.08.00. * * * * * * * * * * * * 23. Cultural. oGuGalien.:ll. ecolooical. or recreational facilities that provide opportunities for educational experience. eco- tourism or aori-tourism and their related modes of transporting participants, viewers or patrons where applicable. subject to all applicable federal, state and local permits. Tour operations. such as. but not limited to airboats, swamp buggies. horses and similar modes of transportation. shall be sUbject to the following criteria: i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Managernent District shall be presented to the planning services director prior to site development plan approval. ii. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. Iii. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. iv. Motor vehicles shall be equipped with which include spark arrestors and designed to reduce noise. engines mufflers . . . . . . . . . . . . SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts * * * * * * * * * * * * A. Industrial District (f). The purpose and intent of the industrial district (f) is to provide lands for manufacturing. processing. storage and warehousing. wholesaling, and distribution. Service and commercial activities that are related to manufacturing. processing. storage and warehousing. wholesaling, and distribution activities. as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The Page 10 of 57 Words s!resk through are deleted, words underlined are added I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses. as identified within the Standard Industrial Classification Manual (1987). or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). . . . . . . . . . . . . b. Accessory Uses. . . . . . . . . . . . . 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the lik~ - applicable to the Immokalee Reoional Airport only. and subiect to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles. tents. and other structures and facilities allowed in the campa round for temporarv habitation. shall be allowed for no more than seventy-two consecutive hours. 5. Recreational vehicle campa round and ancillary support facilities when in coniunction with vehicle racino _ applicable to the Immokalee Reoional Airport only. and subiect to the provisions of section 5.05.1 0.C.1. - C.6. of this Code. Recreational vehicles. tents. and other structures and facilities allowed in the campa round for temporary habitation. shall be allowed for no more than seventy-two consecutive hours. . . . . . . . . . . . . c. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I). subject to the standards and procedures established in section 10.08.00. . . . . . . . . . . . . 22. Vehicle racino - applicable to the Immokalee Reoional Airport only. 6b 23. Wholesale trade-durable goods (5015, 5051. 5052. 5093). Wholesale trade-nondurable goods (5162. 5169. 5171. 5172.5191). ~ 24. Homeless shelters. U 25. Soup kitchens. Page 11 of 57 Words struclc thl'eegh are deleted. words underlined are added ~ 26. Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. . . . . . . . . . . . . B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section. are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. . . . . . . . . . . . . c. Accessory uses to permitted primary and secondary uses: . . . . . . . . . . . . 4. Recreational vehicle campClround and ancillary support facilities when in coniunction with temporary special events such as air shows and the like - applicable to the Immokalee ReClional Airport only. and subiect to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles. tents. and other structures and facilities allowed in the campClround for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. 5. Recreational vehicle campClround and ancillary support facilities when in coni unction with vehicle racinCl _ applicable to the Immokalee ReClional Airport only. and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles. tents. and other structures and facilities allowed in the campClround for temporarv habitation. shall be allowed for no more than seventy-two consecutive hours. Page 12 of 57 Words ,truck threugh are deleted. words underlined are added . . . . . . . . . . . . Conditional uses: . . . . . . . . . 2. Vehicle racina applicable to the Immokalee Reaional Airport only. . . . . . . . . . d. . . . . . . SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03,07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . . O. Golden Gate Downtown Center Commercial Overlay District "GGDCCO": Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City, as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as contained herein. ~ 2. Purpose and Intent. The purpose and intent of this overlay district (see Downtown Center Commercial Subdistrict Map) is to encourage redevelopment herein in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas. such as outdoor dining areas and pocket parks. wAi6A that do not impede the flow of traffic along Golden Gate Parkway. Also, emphasis shall be placed on the construction of mixed-use buildings. Residential dwelling units constructed in this overlay district are intended to promote resident-business ownership. The provisions of this overlay district are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that is compatible with residential development within and outside of the overlay district. 2-c 3. Aggregation of Properties. This overlay district encourages the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this overlay district are low intensity retail, office. personal services, institutional. and residential. Non-residential development is intended to serve the needs of residents within the overlay district, surrounding neighborhoods. and passersby. ~ .L Applicability. These regulations apply to properties in Golden Gate City lying north of Golden Gate Parkway, generally bounded by 23rd Avenue SW and 23rd Place SW to the north, 45th Street SW to the west, and 41st Street SW and Collier Boulevard to the east. South of Golden Gate Page 13 of 57 Words slruck lllrough are deleted, words underlined are added Parkway. these regulations apply to properties bounded by 25th Avenue SW to the south, 47th Street SW to the west. and 44th Street SW to the east. These properties are more precisely identified on Map 17. the "Golden Gate Downtown Center Commercial Subdistrict" map of the Golden Gate Area Master Plan and as depicted on the applicable official zoning atlas maps. Except as provided in this section and section 4.02.26. all other use. dimensional and development requirements shall be as required or allowed in the underlying zoning districts. . . . . . . . . . . . . 7. Prohibited Uses. Prohibited uses within the GGDCCO include the uses listed below: a. New residential-only structures b. Any commercial use employing drive-up, drive-in or drive through delivery of goods or services. c. Sexually oriented businesses (Code of Laws, 26-151 et seq.). d. Enamelino. paintino or platino as a primary use. However. these uses are permitted if secondary to an artist's or craft studio. e. Sino Ie-room occupancy hotels. prisons. detention facilities. halfwav houses. soup kitchens or homeless shelters. . . . . . . . . . . . . SUBSECTION 3.F. AMENDMENTS TO SECTION 3.02.09 REGULATIONS FOR MOBILE HOMES AND RECREATIONAL VEHICLES Section 3.02.09 Regulations For Mobile Homes and Recreational Vehicles. of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby amended to read as follows: 3.02.09 Regulations For Mobile Homes and Recreational Vehicles A. No mobile homo mobile home shall be placed in the a fleeaway or coastal high hazard area, as depicted on the county-wide Future Land Use Map. or in a flooclwav. except in an existing mobile home park or existing mobile home subdivision, or land alreadv zoned to allow mobile home development. . . . . . . . . . . . . Page 14 of 57 Words struek thl'eugh are deleted, words underlined are added SUBSECTION 3.G. : AMENDMENTS TO SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.05.05 Criteria for Removal of Protected Vegetation * * * * * * * * * * * * P. Removal of livinq or dead standinq veqetation with a bald eaqle nest. Permits. if required, shall be provided from the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service authorizinq the removal of the nest. in accordance with state and federal permit requirements. prior to issuance of a County permit. Removal of veqetation containinq an actiye. inactive or abandoned nest may be allowed when: 1. The veqetation is located on a sinqle-familY lot. and is located in such a manner that either: a. the principal structure cannot be constructed. or b. access to the property is impeded. 2. The protected veqetation poses an imminent threat to human safety or an adiacent principal or accessory buildinq. 3. The veqetation is located outside of a preserve or an area used to fulfill the native veqetation preservation requirements of this Code. * * * * * * * * * * * * Pagel50f57 Words strnek through are deleted, words underlined are added --"-~--=-._-,---,-"- SUBSECTION 3.H.: AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.05.07 Preservation Standards * * . * . * . . . . . . H. Preserve standards. . . . . . . . . . . . . 1. Design standards. . . . . . . . . . . . . g. Preserve management plans. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: i. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. ii. Exotic vegetation Removal. Non-native vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is detenmined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed. but the base of the vegetation remains. the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied Anv person who supervises UP to eiqht people in the application of pesticides and herbicides in the chemical maintenance of exotic veqetation in preserves. required retained native veqetation areas. wetlands. or LSPA shall maintain the Florida Dept. of Aqriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators Page 160f57 Words slruek through are deleted, words underlined are added w_^,..,.~ _.'_'"~""'_____"____' * * * * dependent upon the specific area to be treated. Control of exotics shall be implemented on a yearly basis or more frequently when required. and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name. address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time. the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve. in perpetuity. At a minimum, the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in subsection 10.02.02 A.3. * * * * * * * * * * 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 preserves to provide protection in the preserves in accordance with the protected species subsection 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. * * * * * * * * * * Page 17 of 57 Words struck through are deleted, words underlined are added '._"N._' _,""..~__ SUBSECTION 3.1. : AMENDMENTS TO SECTION 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation . . . . . . . . . . . . A. General. . . . . . . . * . * . . 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. Any person who supervises UP to eiqht people in the application of pesticides and herbicides in the chemical maintenance of exotic veqetation in preserves. required retained native veqetation areas. wetlands. or LSPA shall maintain the Florida Dept. of Aqriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. * * * * * * * * * * * * SUBSECTION 3.J. : AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures. of Ordinance 04-41, as amended. the Collier County Land Development Code. is hereby amended to read as follows: 4.02.03 Specific Standards for Location of Accessory Buildings And Structures A. For the purposes of this section, in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations. Page 18 of 57 Words struck thl'ough are deleted, words underlined are added Table 3. Dimensional Standards for Accessory Buildings and Structures on Non- Waterfront Lots And Non-Golf Course Lots in Zonina Districts other than EstatesIE)**. Structure to Front Rear Side Structure (If Detached) 1. Parking garage or carport. single- SPS 10 SPS 10 feet family feet 2. One-story parking structures and/or SPS 35 SPS 1 0 feet carports feet 3. Multistory parking structures SPS 35 SPS 1/1* feet 4. Swimming pool and/or screen SPS 10 SPS N enclosure (one- and two-family) feet 5. Swimming pool (multi-family and SPS 20 15 feet N commercial) feet 6. Tennis courts (private) (one- and two- SPS 15 SPS 10 feet family) feet 7. Tennis courts (multi-family, and SPS 20 15 feet 20 feet commercial) feet 8. Utility buildings SPS 10 SPS 1 0 feet feet 9. Chickee, barbecue areas SPS 10 SPS 10 feet feet 10. Attached screen porch SPS 10 SPS N/A feet 11. Unlisted accessory SPS SPS SPS 1 0 feet 12. Satellite dish antenna NP 15 SPS 1 0 feet feet See 13. Permanent emergency generators NP 10 sec. N/A feet 4.02.01 0.13 N = None. N/A = Not applicable. NP = structure allowed in rear of building only. Page 19 of 57 Words struck threugh are deleted, words underlined are added SPS = Calculated same as principal structure. * = 1 footlfoot of accessory height = 1 footlfoot of building separation. ** = All accessory structures in Estates zonina must meet principal structure setbacks. Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots in Zonina Districts other than EstatesIE)** 2 Setbacks Structure to Front Rear Side structure (If Detached) 1. Parking garage or carport, single- SPS SPS SPS 10 feet family 2. One-story parking structures SPS SPS SPS 1 0 feet 3. Multistory parking structures SPS SPS SPS 1/1 1 4. Swimming pool and/or screen SPS 10 feet 3 SPS N enclosure (one- and two-family) 5. Swimming pool (multi-family and SPS 20 feet 15 feet N commercial) 6. Tennis courts (private) (one- and SPS 15 feet SPS 1 0 feet two-family) 7. Tennis courts (multi-family and SPS 35 feet SPS 20 feet commercial) Boathouses and boat shelters 7.5 feet 8. SPS N/A or 15 10 feet (private) feet fSee subsection 5.03.06fFJi- 9. Utility buildings SPS SPS 10 feet 1 0 feet 10. Chickee. barbecue areas SPS 1 0 feet SPS N 11. 7.5 feet Davits. hoists and lifts N/A N/A or 15 SPS feet 12. Attached screen porch SPS 10 feet 4 SPS SPS 13. Unlisted accessory SPS SPS SPS 10 feet Page 20 of 57 Wards stmd( threl:lgh are deleted, words underlined are added 14. Docks. decks and mooring pilings 7.5 feet N/A N/A or 15 N/A feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 feet SPS 1 0 feet 10 See sec. 17. Permanent emergency generators NP feet 4.02.01. N/A 0.13 N = None. N/A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. * - 1 footlfoot of aGG8Ssory hei€lRt - 1 feeVfeet ef lluilEfif1€l separation ** = All accessory structures in Estates zoninq must meet principal structure setbacks. 11/foot of accessory height = 1/foot of building separation. 21n those cases where the coastal construction control line is involved, the coastal construction control line will apply. * * * * * * * * * * * * SUBSECTION 3.K.: AMENDMENTS TO SECTION 4.02.27 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE - STATE ROAD 29A COMMERCIAL OVERLAY SUBDISTRICT Section 4.02.27 Specific Design Standards for the Immokalee - State Road 29A Commercial Overlay Subdistrict, of Ordinance 04-41. as' amended, the Collier County Land Development Code. is hereby amended to read as follows: 4.02.27 Specific Design Standards for the Immokalee--State Road 29A Commercial Overlay Subdistrict A. Access points to SR-29 shall comply with Florida State Department of Transportation (FOOT) permitting regulations. Parcels that Efo Rave a minimum at have 440-feet or less of street frontage shall provide access off existing adjacent roadways, when possible. and should not directly access Ie SR-29. * . . . . . * . . . . . Page 21 of 57 Words struck thl'eugh are deleted, words underlined are added D. Transportation. 1. Shared parking arrangements between adjoining developments shall be encouraged. 2. Deceleration and acceleration lanes shall be proviEfed. consistent with the ROW Permittino and Inspection Handbook and subiect to FOOT approval where applicable. . . . . . . . . . . . . SUBSECTION 3.L.: AMENDMENTS TO SECTION 4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO) Section 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO). of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) A. Development criteria. The following standards shall apply to all uses in this overlay district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the Growth Management Plan. these standards shall supersede any less stringent requirement or place additional requirements on development. 1. Cessation of residential uses. Existing, non-owner-occupied residential uses located along Golden Gate Parkway shall cease to exist no later than seven years after the effective date of the adoption of the Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan (adopted October 26, 2004; effective January 14. 2005). This does not require the removal of residential structures located on Golden Gate Parkway that are converted to uses allowed in this overlay district within one additional year; nor does this require the removal of residential structures located elsewhere in this overlay district. * . . . . . . * . * . . Page 22 of 57 Words strud( thl'ough are deleted, words underlined are added SUBSECTION 3.M. : AMENDMENTS TO SECTION 4.03.08 FACILITY AND SERVICE IMPROVEMENT REQUIREMENTS Section 4.03.08 Facility and Service Improvement Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 4.03.08 Facility and Service Improvement Requirements The following improvements in this section are required in conjunction with the subdivision and development of any and all property pursuant to procedures set forth in Chapter 10 within the unincorporated areas of Collier County. Any required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state. and local agencies. A. Street System. The design and construction of all subdivision streets, access improvements and related facilities shall be in conformance with the design requirements, regulations and standards established in Chapter 6 of this LDC and the Collier County Construction Standards Manual and shall include but not be limited to the pavement structure, drainage, sidewalks and traffic control/safety devices. 1. Access to lots within a subdivision shall be designed to accomplish access to the lots by use of local streets. access Access to residential lots shall be in accordance with Ordinance No. 82-91 [superseded by ordinance found in LDC ch. 110. art. II], construction standards handbook for work within the public right- of-way Ordinance No. 93-ed 03-37, as may be amended. * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 4.05.06 LOADING SPACE REQUIREMENTS Section 4.05.06 Loading Space Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 4.05.06 Loading Space Requirements . . * . * * . * . . . * B. Requirements. 1. Each retail store. warehouse, wholesale establishment. industrial activity, terminal. market. restaurant, funeral home, laundry. dry cleaning Page 23 of 57 Words strnel: thre:lgh are deleted, words underlined are added establishment. or similar use which has an aggregate floor area of: Table 18. Required LOADING SPACES. Square Feet Number of Spaces 5,000 but not over 10,000 1 10.000 but not over 20.000 2 20.000 but not over 50.000 3 Plus one additional off-street loading space for each additional 25.000 square feet over 50,000 square feet or major fraction thereof. ~ Fer eaGR mlllti family a'....eIliRg faGility Raving at loast h...enty (20) aWelliRgllRits eut net O'lor fifty (aO) dwelliRgllRits: one (1) e;pase. For oaGh mlllti family EI>....elliRg faGility f:1aving over fif'ly (50) dwelliRgllRits: one (1) spaGo, plue; ono (1) e;paGe for eaGh additional finy (50) aWelliRg IIRits. or m.Jjer fr(lstion tRereof. 2. ~ For each auditorium, convention hall, exhibition hall, museum. hotel or motel, office building. sports arena or stadium, two (2) or more buildings or uses may be permitted to combine their off-street loading facilities, provided that such off-street loading facilities meet the requirements of this LDC, are equal in size and capacity to the combined requirements of the several buildings or uses, and are designed, located, and arranged to be usable thereby; hospitals, sanitariums. welfare institutions. or similar uses which have an aggregate gross floor area of: over 5.000 square feet. but not over 20.000 square feet: one (1) space; plus for each additional 25,000 square feet (over 20,000 square feet) or major fraction thereof: one (1) space. 3. 4, For facilities in this section not of sufficient size to meet the minimum requirements set forth therein. each such facility shall provide off-street loading on the property for the parking of a delivery vehicle to ensure that no deliveries or shipments of goods or products will require the use. however temporary, of any public right-of-way or required off-street parking space. 4. Multi-familv dwellinas are exempt from the off-street loading space requirement. however the commercial components of mixed-use developments are still required to provide loadina spaces accordinq to Table 18 of this section. 5. For any use not specifically mentioned. the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. C. Each loading space shall be a minimum of ten (10) feet by twenty (20) feet in size. Page 24 of 57 Words struek tlrrough are deleted, words underlined are added . . . . . . . . . . . . SUBSECTION 3.0. AMENDMENTS TO SECTION 4.05.08 BICYCLE PARKING REQUIREMENTS Section 4.05.08 Bicycle Parking Requirements. of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: Section 4.05.08 Bicycle Parking Requirements A. Applicabilitv. The followina reaulations shall applv to all commercial developments. Pro B. Number. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five (5%) percent of requirements for motor vehicles as set forth in section 4.05.04. but not to exceed a maximum of fifteen (15) total bicycle parking spaces. A minimum of two (2) bicycle parking spaces shall be provided. 8, C. Design. 1. A bicycle parking facility suited to a single bicycle ("parking space") shall be of a stand-alone inverted-U design measuring a minimum of thirty-six (36) inches high and eighteen (18) inches wide [of one and one-half (1 1/2) inch Schedule 40 pipe, ASTM F 1083] bent in one piece ("bike rack") mounted securely to the ground [by a 3/8-inch thick steel base plate. ASTM A 36] so as to secure the bicycle frame and both wheels. 2. Each parking space shall have a minimum of three (3) feet of clearance on all sides of the bike rack. 3. Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no greater than one hundred (100) feet from the main building entrance. 4. Extraordinary bicycle parking designs which depart from the bike rack standard but are consistent with the development's design theme shall be considered by the County architect. Bike racks which function without securing the bicycle frame, require the use of a bicycle kick stand. or which may be freely reoriented are not allowable. SUBSECTION 3.P. AMENDMENTS TO SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: Page 25 of 57 Words struelc thrsl:lgh are deleted, words underlined are added 4.06.03 Landscaping Requirement for Vehicular Use Areas and Rights-of-Way A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives. the building square footage is changed. or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family. mobile home dwelling unit, raw water '/Jells public utility ancillary system. and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be requiresg. Where a conflict exists between the strict application on this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities. the requirements of this section shall apply. . . . . . . . . . . . . B. Standards for landscaping in Vehicular Use Areas . . . . . . . . . . . . 1. Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on site onsite shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover. shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. 2. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be Page 26 of 57 Words struck thl'ough are deleted, words underlined are added increased to 15. A parking stall shall be no farther than 50 feet from a tree. measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. ~ Greon spaGe reEluired in sllelllliRg seRters and freestanding retail establishments with a floor area groator than 10.000 square feet. !\n aroa that is at least soven porGent of the size of tho '/ohiGular use aroas must bo dovoloped as groon sJ3aGo within the frent yarEl(s) or Gourtyards of sllelllliRg ceRter-s anEf retail ostablishments and must bo in addition to tho builEling pori meter planting aroa r-equiromonts. The GeurtyarEfs must only be 10GateEf in areas that aro Iikoly to be useEf by pedestrians 'lisiting tho sllelllliRg ceRter anEl r-etail estaslishmont. TAe SO'len perGont groen spaGe area must bo in adEfitien to other lanEfseaping requirements of this s8Gtion, may bo usoElto meet tho open spase requirements (seGtien 1.02.01). anEl mugt be laseleEl "Groen SpaGe" eR all sul3Efi'lisien and site plans. (Rofor to seGtion 5.05.011, ArchitoGtur-a1 anEf Sito Design StanEfarEls anEf Guidelines for CommorGial BuilEfingg anEl PrejeGts.) The intorior lanElgcape requiroments of theso projeGls must bo roduGeEf to an ameunt oflual to fi'lo perGont of the velliclllar IIse area on sit€). Groen spaGe must be GonsiEforoEf areas designod for environmental, gconic or nonGommoreial recroation purposos and must bo poEfostrian friondly anEl aesthotieally appealin€l. Greon spase may only inGluEfe tAe rollo'Ning: lawns, mulGh, deGerati'/o plantingg, non prohibited oxotiG trees, walkways within the interior of the groon gJ3aGo aroa not useEl for ghopping, fountains, manmade waterGourses (but not v.'i3tor r-etention aroas). wood€)El aroas, parI< bonGhes, site lighting. ssulJ3tures, gazebeg, anEl any othor similar items that the planning gorviGo direGtor €looms appreJ3rialo. Green spaGo must inGluc:le: walkways within tho interior of tho gr-eon spaGe aroa not useEf for shopping, a minimum of one foot of pari" benGh per 1.000 sfluare root of building aroa. The groon spaGe aroa must use oxislin€l troOg where peggisle anEf I3nElseaping credits will bo alleweEf as governod by table 1.0e.01D. The groon spaGo areag mugt bo 10Gated in aroag that are in Glow proximity to tho retail shopping area. Benchor; may also be located in interior IclnssGaJ30Ef areas anEf 75 percont of tho benches may be 10caloEl adjaGont to tho builsing emelopo along patAg, walk'Nays anEl 'Nithin arGades or mallr;. 3. All rows of parkinq spaces shall be bordered on each end by curbed landscape islands as shown in Fiqure 4.06.03 B - Terminal Landscape Islands. Each terminal island shall measure inside the curb not less than eiqht feet in width and extend the entire lenqth of the sinqle or double row of parkinq spaces bordered by the island. Type 0 or Type F curb per current FOOT Desiqn Standards is required around all landscape islands. A terminal Page 27 of 57 Words strusk threugh are deleted. words underlined are added island for a sinale row of parkina spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parkina spaces shall contain not less than two canopy trees. The remainder of the terminal island shall be landscaped with sod. around covers or shrubs or a combination of any of the above. * * * * * * * * * * * * SUBSECTION 3.Q. : AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS Section 4.06.05 General Landscaping Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development * * * * * * * * * * * * 4. Raw water '!fell Public utilitv ancillary system landscaping requirements. Screening and buffering requirements are to be limited to the area surrounding the raw 'I.'ater well im;lallalion, inGluEfing appurtenanGes sust1 as sesurity feRcing, '....all or well t10use public utilitv ancillary system. Ancillarv systems that are physically located on a water or wastewater treatment property are not reauired to be individually fenced and landscaped. Existina. previously permitted public utilitv ancillary systems are not reauired to meet the landscapina reauirements of this section if an SOP I application is reauired for modifications. A public utilitv ancillary system reauirina an SDPA will need to meet the landscapina reauirements of Section 4.06.00 Canopy trees as described in section 4.06.05 B.1., will not be required. Projections visible above the fence or wall shall be screened from view by sabal palms with a minimum clear trunk height of 8 to 12 feet. Palms may be replaced or supplemented with native trees to enhance screenina. Each palm shall be planted 10 feet on center around the perimeter of the fence or wall. Surrounding fences or walls must have, at a minimum. 10 gallon shrubs. 5 feet tall at the time of planting, placed 4 feet on center along the exterior perimeter of the surrounding fence or wall. StanEf alene \'0'011 t1euses Public utility ancillary systems enclosed in buildinas without perimeter fences or walls must have, at a minimum. 2 rows of 3 gallon shrubs, 2 feet tall at the time of planting, placed 3 feet on center and offset between rows. In all cases, mature vegetation must provide ana 80 percent sight- obscuring screen equal to 75 percent of the height of the fence or wall. as applicable. a. Native plant materials fffiISl shall be used. to the maximum extent practicable. to meet the screening and buffering requirements of this sub-section and the chosen plant materials fffiISl shall be Page 28 of 57 Words '!reek through are deleted. words underlined are added consistent with the existing native vegetation found on or near the raw water well public utility ancillary system site. with the following exceptions: i. for any disturbed area required to construct a raw water well public utility ancillary system that is equal to or greater than 15 feet from the edge of a '1/011 house buildinQ or other structure. the disturbed area may be planted with a drought resistant sod such as Bahia; or ii. for any disturbed area required to construct a raw water well public utility ancillary system that is less than 15 feet from the edge of a well house or other structure. the disturbed area may be covered with a sufficient depth of ground cover such as organic mulch. shell, or similar pervious material. . . . . . . . . . . . . SUBSECTION 3.R. AMENDMENTS TO SECTION 4.07.02 DESIGN REQUIREMENTS Section 4.07.02 Design Requirements. of Ordinance 04-41, as amended. the Collier County Land Development Code. is hereby amended to read as follows: 4.07.02 DESIGN REQUIREMENTS . . . . . . . . . . . . E. Minimum dimensional standards. 1. Except as provided for within the industrial and neighborhood Yillage center component of this section, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive standards shall apply. 2. Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design. For purposes of this section, examples of unique and innovative design may include. but are not limited to: a. Providing usable common open space within individual tracts or increments to offset and compensate for decreases in typical lot sizes or yard requirements. b. Providing for public access to open space areas beyond the boundaries of the property. c. The use(s) occurring within the PUD are such that Gompotallility compatibility with surrounding uses can be assured by applying Page 29 of 57 Words strud~ thro1:lgh are deleted, words underlined are added different requirements than would be applicable under another zoning district d. Providing places for public assembly such as parks and plazas which are linked together and centrally located to ensure accessibility. e. Siting buildings and dwelling units to provide optimum access to open space areas. f. Providing for the integration and preservation of natural resources with development, through conservation of natural resources such as streams. lakes, flood plains. groundwater. wooded areas and areas of unusual beauty or importance to the natural ecosystem. g. Providing certain personal services, offices and convenience shopping goods to residents of the PUD having the effect of reducing the number of vehicular trips for these purposes to destinations outside of the PUD. h. Providino a suitable neiohborhood park. as determined on a case- by-case basis by the Board of County Commissioners. * * * * * * * * * * * * J. Streets. drives, parking and service areas. * * * * * * * * * * * * Q" Public or private streets approved within the PUD after [effective date of this amendment] shall be maintained by the developer. master association. community development district or special district oovernino body and successors and/or assions. unless otherwise approved by the BCC. * * * * * * * * * * * * SUBSECTION 3.S.: AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS Section 5.03.02 Fences and Walls. of Ordinance 04-41. as amended, the Collier County Land Development Code. is hereby amended to read as follows: 5.03.02 Fences and Walls A. All districts. * * * * * * * * * * * . Page 30 of 57 Words struck thl'sugh are deleted. words underlined are added 4. Barbed wire is authorized within agricultural, commercial. industrial districts and on fences surrounding raw ',':ater wells public utility ancillary systems 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. . . . . . . . . . . . . C. Residential zoning districts. For the purposes of this section. residential districts shall include: RSF. RMF-6, RMF-12. RMF-16. RT, VR, MH, and TTRVC zoning districts, and the residential increments of PUD zoning districts. Fences and walls placed within required yards shall be subject to the following: 1. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet; except for raw water wells public utility ancillary systems. for which the allowable height is eight (8) feet. 2. For non-waterfront interior lots one (1) acre or less in area. fences or walls may reach a maximum height of six (6) feet for side and rear yards, but are limited to four (4) feet within the required front yar~, except for public utility ancillary systems for which the allowable heiqht is 8 feet in all yards. . . . . . . . . . . . . SUBSECTION 3.T. : AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS Section 5.05.08 Architectural and Site Design Standards. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards . . . . . . . . . . . . B. Applicability. The provisions of section 5.05.08 apply: . . . . . . . . . . . . 5. Raw water wells Public utility ancillary systems in Collier County de not Ravo are not required to meet the provisions of this Section provided that well Rouses surroundin€l the ra'N water well a bUildinq containinq any of these uses shall not have any wall planes exceeding 35 feet in length, excludinq storaqe tanks. or have an actual building height greater than eighteen (18) feet, excluding storaqe tanks and communications equipment. Fences and walls surrounding raw '.'later wells public utility ancillary systems must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08. 0.1 and 5.05.08.0.2 of this SeGtion. . . . . . . . . . . . . Page 31 of 57 Words struck tlH'sHgh are deleted, words !lnderlined are added SUBSECTION 3.U.: AMENDMENTS TO SECTION 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS Section 5.05.12 Specific Standards for Raw Water Wells. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 5.05.12 Specific Standards for R3'I': Water Wells Public Utility Ancillary Systems in Collier County A. Applicability. When water and wastewater is conveyed throuoh physically connected infrastructure to or from a public or ouasi-public treatment facility. the system of physically interconnected infrastructure. includino but not limited to raw water wells. pump stations. water and wastewater storaoe tanks. vaults. valves. antennas. and other appurtenant e~uipment. shall be considered to be collectively located onsite as that term is to be applied in the GMP CCME Policies 6.1.1 and 6.1.2. and any implementino land development reoulations. Applicable designs for raw water .....ells public utility ancillary systems selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the following requirements. B. Setback Requirements. 1. 'f/ell Reusos enGlesing r~.'{ water wells Any structure enclosino a public utility ancillary system which are ~ greater than four hundred (400) square feet in size must meet the following minimum setbacks: Adjacent to Right-of-Way - 25 feet Side yard from adjoining property - no less than the underlying zoning district's requirements for side yard setback Rear yard from adjoining property - 25 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment. including, but not limited to antennas, pig launchers, fuel tanks. and transformers, not enclosed by a fence or wall. shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 2. 'Noll housos onclosing raw 'N3ter wells Any structure enclosino a public utility ancillary system which are ~ equal to or less than four hundred (400) square feet must meet the following minimum setbacks: Adjacent to Right-of-Way - 15 feet Page 32 of 57 Words struck through are deleted, words underlined are added Side yard from adjoining property - no less than the underlying zoning district's requirements for side yard setback Rear yard from adjoining property - 10 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment, including, but not limited to antennas, pig launchers, fuel tanks. and transformers, not enclosed by a fence or wall. shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 3. Fences and walls enclosing Fa'll 'Hater wells and appurtenant efluipmont inGluding, but not limileEf Ie ""011 vaults and enGlosures, meteFS. Gontrol panolE:, geneFater-s, antennaE:. pill launGhors and tr-anE:formers public utility ancillary systems must meet the following setbacks: Adjacent to Right-of-Way or easement line - 5 feet Side yard or easement line - 5 feet. Appurtenant equipment, other than antennas. that exceeds the height of the fence or wall, shall be setback no less than the underlying zoning district's requirements for side yard setback. Rear yard or easement line - 5 feet Raw water well easements contained within a larger public easement - 2 feet Fence or wall heights may be between six (6) feet and eight (8) feet in height. Appurtenant equipment shall not be considered as separate structures. C. Ra'N water well Public utility ancillary system site access: 1. Direct access from public ways shall be limited to one access point location and must otherwise comply with the requirements of WG Section 4.04.02. 2. Access from an easement must provide legal access to a public or approved private way. Access from an existing public way to an easement must otherwise comply with the requirements of WG Section 4.04.02. D. Prior to County approval of affi' raw '.vater well public utilitv ancillary system site under this Code. the applicant shall obtain a Gonsumpti'le_uso permit. permits from South Floridn \!linter ManLIgoment District (SFWMDj. FDEP or other aM Page 33 of 57 Words st:md~ thraugh are deleted, words underlined are added moot the rofluiromont~ of any state or federal agency having jurisdiction over well dovelopR'lsnt or siting the intended use if such permits are required. E. Stormwater management and environmental resource permits for raw water well public utility ancillarv system sites shall be governed by the requirements of SFWMD and or Florida DopartR'lont of Environmental ProtoGtion (EDEPj, and if approval is granted for the 'IIell(s) public utility ancillarv system by SFWMD or EDEP under those requirements, or said requirements are deemed not applicable by SFWMD or FDEP due to the de minimus size or nature of the public utility ancillarv system site as verified in writinq by SFWMD or FDEP, the project may be considered for a waiver from the requirements of Section 10.02.02 A. F. Landscaping and buffering shall conform to the requirements of Section 4.06.05 B...1, lh G. Site planning review and approval for r-a>.\' .....ater 'Hells public utility ancillarv systems must follow the requirements of an insubstantial change to a Site Development Plan or Site Improvement Plan review process providing water, wastewater or irriqation quality water from such wells public utility ancillarv system is conveyed through physically connected infrastructure to a public or quasi-public treatment facility. The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site". . . . . . . . . . . . . SUBSECTION 3.V. AMENDMENTS TO SECTION 5.06.02 PERMITTED SIGNS Section 5.06.02 Permitted Signs, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 5.06.02 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. . . . . . . . . . . . . 8. Silms for non-residential uses within residential zonina districts and as applicable to residential desianated portions of PUD zoned properties. a. Such signs shall follow the requirements for signs within non-residential districts. except as follows: i. Illuminated signs shall not be allowed facinq residential uses unless the non-residential use is separated from the residential use by an arterial or collector road. Page 34 of 57 Words struck through are deleted, words underlined are added ii. Commercial siqnaqe for conditional uses within residential and aqricultural districts. * * * * * * * * * * * * SUBSECTION 3.W. AMENDMENTS TO SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS Section 5.06.04 Sign Standards for Specific Situations. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 5.06.04 Sign Standards for Specific Situations * . . * * . . . . . . . C. On-premise!? signs. On-premise!? pole signs, ground signs, projecting signs, wall signs and mansard signs shall be allowed in all non residentially zoneai!J.g districts subject to the restrictions below. . * * * * * * * * * * 16. Off-premises directional signs. Off-premises directional signs are permitted SUbject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: a. Off-premises directional signs shall 9flly be permitted only in non residentially zoneainq districts, ef agricultural districts and non-residential components of PUDs. b. No more than two one-sided or one double-sided off- premise directional signs shall be permitted. identifying the location and nature of a building, structure. or use which is not visible from the aFterial roadway serving such building, structure, or uses, provided: i. Each sign is not more than 12 square feet in area. ii. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. iii. The sign is located no closer than ten feet to any property line. iv. The applicant must submit with the permit application notarized. written permission from the property owner where the off-site sign is located. v. The sign shall 9flly be located wi#lifl no more than Page 35 of 57 Wards strl:ld( threHg:A are deleted, words underlined are added 1.000 feet from of tho intorsection of tho arterial reaaway the properly serving the building. structure. or use. c. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. d. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. 17. Illuminated signs. All illuminated signs shall have electrical components. connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady non:fluctuating or non:undulating light source. . . . . . . . . . . . SUBSECTION 3.X. : AMENDMENTS TO SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM Section 6.02.02 Management and Monitoring Program. of Ordinance 04-41, as amended. the Collier County Land Development Code. is hereby amended to read as follows: 6.02.02 Management and Monitoring Program . * * * * * * * * * * * M. 8. S2ignificance +!est shall be performed in compliance with the Traffic Impact Study (TIS) Guidelines and Procedures. Impast for traffiG iA'lpact analysis purpeses for a JjreJlesoa EfevolopA'l8At prejest will Be GonsiEferoa si!jnifisant: This sianificance test is applicable to projects inside and outside Traffic Concurrency Exception Areas (TCEAs) and Traffic Concurrency Manaaement Areas (TCMAs) as adopted in the Growth Manaaement Plan. .1. Impact for traffic impact analysis purposes for a proposed development proiect will be considered sianificant when: .:J.. j!, On those roadway segments directly accessed by the project where project traffic is equal to or greater than d% 2 percent of the adopted LOS standard service volume; ~.!L On ~ those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to d% 2 percent of the adopted LOS standard service volume; or Page 36 of 57 Words struclc thrElH.gh are deleted, words _underlined are added J., c. On ~ all other adjacent segments where the project traffic is greater than a% 3 percent of the adopted LOS standard service volume. 2. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. However. site impact analysis shall be conducted in accordance with the TIS Guidelines and Procedures. 4. This signifiGanGe test if: appliGaBle to projects inside anEf outsiEfe TCEAs and TCM/\s. * * * * * * * * * * * * SUBSECTION 3.Y. : AMENDMENTS TO SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS Section 6.02.03 Transportation Level of Service Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 6.02.03 Transportation Level of Service Requirements A. If the proposed land Efevolopment or SUBdivision will !jenorate tr-affic volumes in OXGess ef 1.900a':orLJ!je Efaily trips (.^.DT) or 100 vehisles por howr, poak howF/poak soason, whict-1ovor is moro FSstriGtivo, then a tmffiG analysis, prepmed by a prefessieRal ongineer, shall Be pro'/idea BY tho appliGant. All developments that impact the traffic network shall be evaluated in accordance with the Traffic Impact Study ITIS) Guidelines and Procedures. * * * * * * * * * * * * SUBSECTION 3.Z. AMENDMENTS TO SECTION 6.02.05 PARK AND RECREATION FACILITY LEVEL OF SERVICE REQUIREMENTS Section 6.02.05 Park and Recreation Facility Level of Service Requirements, of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 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 $210.00 $270.00 of capital investment per capita (at current cost) for recreational facilities. * * * * * * * * * * * Page 37 of 57 Words stru.ck thrElHgh are deleted, words underlined are added SUBSECTION 3.AA. AMENDMENTS TO SECTION 6.02.06 POTABLE WATER FACILITY LEVEL OF SERVICE REQUIREMENTS Section 6.02.06 Potable Water Facility Level of Service Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 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. . . . . . . . . . . . . 5. For independent districts and private potable water systems, the LOS is the sewago potable water flow design standards as identified in Policy 1.3.1 ;1,Lof the Potable Water Sub-Element of the GMP, except that approved private wells are exempt from these LOS requirements. . . . . . . . . . . . . SUBSECTION 3.BB. AMENDMENTS TO SECTION 6.02.07 SANITARY SEWER FACILITY LEVEL OF SERVICE REQUIREMENTS Section 6.02.07 Sanitary Sewer Facility Level of Service Requirements. of Ordinance 04-41, as amended. the Collier County Land Development Code. is hereby amended to read as follows: 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 The LOS for capital sanitary sewer facilities varies between is 145 GPCD. The LOS for the South Sewer Area is 100 GPCD. The LOS for the Southeast Sewer Service Area is 120 GPCD. The LOS for the Northeast Sewer Service Area is 120 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 4,2.1 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. * * * * * * * * * * * SUBSECTION 3.CC. AMENDMENTS TO SECTION 6.02.08 SOLID WASTE FACILITY LEVEL OF SERVICE REQUIREMENTS Section 6.02.08 Solid Waste Facility Level of Service Requirements. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: Page 38 of 57 Words struek throllgh are deleted, words underlined are added 6.02.08 Solid Waste Facility Level of Service Requirements A. The LOS for capital solid waste EiisposiJl manaqement facilities is ~2j years of constructed lined cell capacity at the average disposal rate for the previous five (5) ~ years. and leR--f1ot-years of permittable landfill capacity at the average disposal rate for the previous fivo (5) ;Lyears. B. The determination of public facility adequacy for solid waste disposal manaqement facilities shall be based on the following: . . . . . . . . . . . . SUBSECTION 3.DD.: AMENDMENTS TO SECTION 6.06.03 STREETLIGHTS Section 6.06.03 Streetlights, of Ordinance 04-41. as amended. the Collier County Land Development Code, is hereby amended to read as follows: 6.06.03 Streetlights A. Streetlights shall be designed and installed utilizing the IES standards for each street. intersection at required intervals along each street and at the end of each cul-de-sac. The IES standards for this street lighting are per IESNA RP 8.00, except as below: B. At the entry/exit of any soofiivisien residential or commercial development approved throuqh a SOP. SDPA. or PPL located on a public collector or arterial street, the following additional standards shall apply: 1. At the pOints where the edges of pavement of the entrance road meet the intersecting right-of-way line. the illumination level shall be at or between, a minimum of 2.0 foot candles and maximum of 5.0 foot candles.---1n cases when this code may conflict with any other liqhtinq codes. requirements. policies. or recommendations relatinq to the spillover of Iiqht outside of proiect boundaries. public safety needs shall be evaluated bv staff and shall take precedence in the required placement of fixtures. 2. A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right-of-wayo except when located at a sinqle- lane one-way driveway. In such case. one fixture will be allowed but it shall meet minimum required foot-candle values. If the applicant can show the existinq illumination levels from existinq roadway Iiqhtinq meet the required foot candles throuqh a photometric liqhtinq plan (calculated or by field measurement) certified by an enqineer. licensed in the State of Florida. the county manaqer or desiqnee may waive or modifv the requirement for additional Iiqhtinq at the point where the entry road intersects the public riqht of way. * . . * * . . * * . * * Page 39 of 57 Words strucl< tRreugh are deleted, words underlined are added SUBSECTION 3.EE. AMENDMENTS TO SECTION 8.03.01 ESTABLISHMENT: POWERS AND DUTIES Section 8.03.01 Establishment: Power and Duties. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 8.03.01 Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and the land development regulation commission as required by H 163.3174 and 163.3194, F.S.; B. To prepare, or cause to be prepared. the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan. element, or portion thereof; C. To prepare, or cause to be prepared. the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and experience available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County. state, or federal governments; H. To recommend to the QCCQCC BCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commissions proceedings; I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67-1246. Laws of Florida. incorporated herein and by reference made a part hereof. as said chapter has been or may be amended; and J. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of section 4.03.00. Page 40 of 57 Words struek tmeugl1 are deleted, words underlined are added * * * * * * * * * * * * SUBSECTION 3.FF. AMENDMENTS TO ADD SECTION 8.03.08 APPEALS Section 8.03.08 Appeals. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 8.03.08 Appeals As to anv land development petition or application upon which the planninq commission takes final action. an aqqrieved petitioner. applicant. or aqqrieved partv mav appeal such final action to the board of county commissioners. An aqqrieved or adverselv affected partv is defined as anv person or qroup of persons which will suffer an adverse affect to an interest protected or furthered bv the Collier County qrowth manaqement plan. land development code. or buildinq coders). The alleqed adverse interest mav be shared in common with other members of the communitv at larqe. but shall exceed in deqree the qeneral interest in community qood shared bv all persons. The board of countv commissioners rnav affirm. affirm with conditions. reverse or reverse with conditions the action of the planninq commission. Such appeal shall be filed with the development services director within 30 davs of the date of final action bv the planninq commission and shall be noticed for hearinq with the board of county commissioners. as applicable. in the same manner as the petition or application was noticed for hearinq with the planninq commission. The cost of notice shall be borne bv the petitioner. applicant or aqqrieved partv. . . . . . . . . . . . . SUBSECTION 3.GG.: AMENDMENTS TO SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION Section 9.03.07 Nonconformities Created or Increased by Public Acquisition. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 9.03.07 Nonconformities Created or Increased by Public ACQuisition A. Applicability. 1. For purposes of this section. "acquisition" means anv method of acquirinq private propertv for public use. includinq dedication. condemnation. or purchase 2. This section applies to the aCQuisition for present or planned public use bv the followinq partv or parties; (i) Collier Countv; (ii) another qovernmental entitv; (Hi) public or private utilitv companies providinq public service; and/or (iv) a private partv or parties under aqreement with Collier Countv or other qovernment entity. B. Lot Area Page 41 of 57 Words struck through are deleted, words underlined are added 1. Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three (3) or fewer conformina lots. and part of the lot is acauired for public purpose. then it may be subdivided after the acauisition to the same number of lots that could have been achieved prior to the acauisition. Each newly created lot must contain at least 80% of the reauired minimum lot area. 2. Improved or Unimproved Lots. No conformina lot otherwise aualifyina for a lot split or lot line adiustment pursuant to the provisions of this Code may be denied approval solely on the arounds that the resultina lot or lots would be less than the reauired minimum area for such lot(s) in the applicable zonina district as a result of aCQuisition, from Feb. 14. 2006. if the newly created lots contain at least 80 percent of the reauired minimum lot area. C. Other Nonconformities: 1. Reauired yards on improved lots. lot coveraae on improved lots. and lot dimensions rendered nonconformina or more leaally nonconformina as a result of a portion beina acauired for public use. may be reduced by the same dimension, area. or amount involved in the dedication. condemnation. purchase. or similar method of aCQuisition: and 2. Any structure that is not located within the acauisition area. but is made nonconformina in terms of a rea uired yard or setback as a result of the acauisition. need not be relocated. except as follows: a. The County Manaaer or desianee determines that leavina the structure or a site related condition in its pre-acauisition location may create an unsafe condition, in which case the structure shall be relocated the minimum distance necessarv to address the public safety concern or the site related condition shall be modified to a safe condition; and b. A front yard of at least ten feet in depth shall be maintained for all buildina structures. c. The resultina dearee of nonconformity of the area and dimensions of a lot and the reauired yards with this Code's then current reauirements are considered lawful unless or until the remainina lot or lots in combination are: (i) recreated or replaUed, combinina the subiect lot or lots with an adjacent lot or lots resultina in a unified plan of development: or (ij) improved such that the value of the proposed improvements are eaual to or areater than 50 percent of the total replacement value of the structures and site improvements on the lots or lot combinations existina at the time of improvement. The replacement value shall be calculated by a Florida licensed property appraiser. In the occurrence of either condition (i) or (ij) above. the lot or lots must comply with the reauirements then established by this Code or as may be set forth within a PUD if applicable. Otherwise. any leaal and conformina site modification or chanae of use shall not triaaer a reauirement to brina the nonconformity created by the acauisition into conformance with the then reauired provisions. Page 42 of 57 Words st:nlek tMsl:lgh are deleted, words underlined are added 3. Any other site related nonconformity or site related condition resultina from the acquisition. includina those rendered more nonconformina. shall be considered leaally nonconformina. includina stormwater manaaement facilities. landscapina, open space, native veaetation, conservation areas. buffers and preserves, on- or off-site parkina. vehicle stackina. throat lenaths. or non-structural architectural desian standards. All such nonconformities are allowed to remain leaally nonconformina and in their existina location(s) and/or confiauration(s). provided they continue to function adeauately to meet their intended purpose. except where it is determined by the County Manaaer or desianee that such newly created or increased nonconformity or site related condition constitutes an unsafe condition. In those cases where it is determined that the newly created or increased nonconformity or related condition constitutes an unsafe condition, the nonconformity or site related condition shall be relocated or modified in accordance with paraaraph 2.a. above, as applicable. In any case. such nonconfonmities are subiect to the limitations set forth in paraaraph 2.c.. above. D. Post Take Plan. This section addresses the development. review and approval of post-take cure plans for remainder properties to mitiaate and/or eliminate the neaative and potentially costly impacts resultina from the takina of a property for public purposes. In such cases, it may be determined to be in the public interest to allow some deviations from applicable LDC or PUD provisions, or Conditional Use reauirements. in order to accommodate site modifications and/or enhancements, desianed to cure. remedy, mitiaate. minimize or resolve otherwise neaative site impacts resultant from public acauisition. 1. A Post Take Plan may be submitted for staff review and approval and shall provide /depict the followina: a. A scaled drawina or drawinas 24 x 36 inches in size, with one 8.5 by 11 inch drawina providina and/or depictina: L. The public proiect name (purpose of the acquisition): !L. The name, address and phone number of the consultina firm(s) preparina the plans: iii. Zonina desianation of the subiect property: iv. Leaal Description. alona with the total site acreaae in both pre- and post-acauisition condition: v. All existina improvements. clearly depictina those affected by the acauisition: vi. All proposed mitiaatina improvements and remedies: vii. The exact nature and dimension of any reauested deviations: viii. The pre- and post-acauisition confiauration of the lot or lots: ix. The dimensions from the pre- and post-acauisition property line to all affected improvements: b. A narrative description of the pre- and post-acquisition site conditions, notina impacts and all nonconformities created or Page 43 of 57 Words struek thl'ough are deleted, words underlined are added exacerbated as a result of the acauisition. and any proposed mitiaation and remedies: c. A sianed and sealed boundary or special purpose survey prepared by a surveyor licensed to practice in the State of Florida as may be deemed sufficient. to ascertain or verify existina conditions: and. d. The most recent available aerial of the site. e. The appropriate fee as established by the Board of County Commissioners. 2. The property owner or the County may reauest the followina deviations from the LDC. PUD or Conditional Use reauirements. as may be applicable: a. Landscaoe Buffers may be reduced from the reauired width or deoth: but shall not result in a buffer of less than five (5) feet in width or depth. Landscaoe buffers which have been completely eliminated by the acauisition may be replaced beyond the acauisition area: but shall not result in a buffer of less than five (5) feet in width or depth. All reauired plant materials and irriaation reauirements shall remain within the reduced buffer area or shall be relocated or installed as a condition of the Post Take Plan aooroval. b. Water manaaement facilities. includina retention. detention and conveyance may OCCUpy UP to seventy-five (75) percent of a landscaoe buffer width. if there is a minimum remainina olantina area of at least five (5) feet. c. Reauired native veaetation. preserve. or ooen space reauirements may be reduced by an amount not to exceed ten (10) percent. 3. Deviations other than those set forth in oaraaraphs a. throuah c. above. or exceedina the minimums or maximums established therein, may also be approved. subject to the followina procedures: a. In addition to the reauirements for submittal established in paraaraoh 0.1.. above, within 60 days of the date of submittal of the Post Take Plan to Collier County the apolicant shall also notify properly owners in accordance with notice procedures established in Section 10.03.05.8.10 and Section 10.03.05.B.11. as may be applicable. b. The notice shall: (1) list the reauested deviations other than those set forth in paraaraoh 2. above. or exceedina the minimums and maximums established in that subsection: (2) provide a brief narrative iustification for such deviation(s): and (3) orovide a coov of the Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format). If no written obiection is received within 30 days of the date of mailina of the notice. the Post Take Plan is deemed approved. Page 44 of 57 Words strode thrsHgh are deleted. words underlined are added c. If an abuttinq property owner who receives a notice submits a written obiection to Collier County within 30 days of the date of mailinq of notice. the matter shall be scheduled for public hearinq before the Collier County Planninq Commission (CCPC). In such cases. the Board of County Commissioners deleqates the authority to review the Post Take Plan to the CCPC and includes this review as part of the CCPC powers and duties under Section 8.03.01 of the LDC. Public notice for the hearinq shall comply with Section 10.03.05.B, as may be applicable, and shall specifically note the location of the property and the requested deviations. The CCPC. in considerinq whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the followinq: i. Whether the deviation is the minimum amount necessarv to mitiqate for the impacts of the aCQuisition, while still protectinq the public health. safety, and welfare: and Ii. Whether the County or properlY owner has or will mitiqate for impacts from the requested deviation(s) on neiqhborinq properties by maintaininq or enhancinq compatibility throuqh various measures. includinq but not limited to the installation of additional landscape plantinqs or the installation of fences or walls: and iii. Whether the requested deviations are consistent with and further applicable policies of the GMP and the requirements of the LDC. PUD. or Conditional Use. as may be applicable. 4. Within 30 days of approval. approval with conditions. or denial of a Post Take Plan by the CCPC. the applicant. affected property owner, or abuttinq property owner may appeal the decision to the Board of Zoninq Appeals. For the purposes of this section. an aqqrieved or adversely affected parlY is defined as any person or qroup of persons which will suffer an adverse effect to any interest protected or furthered by the Collier County Growth Manaqement Plan, Land Development Code, or buildinq coders). If an appeal is filed by an abuttinq properlY owner. and said appeal is successful, Collier County shall reimburse said appellant for the appeal application fee and any associated advertisinq costs. E. This section (9.03.07) applies to aCQuisitions which occurred prior to the adoption of this ordinance if the purchase or dedication of the properlY has not closed. or the condemnation proceedinq relatinq to the property aCQuired has exhausted all available appeals. * * * * * * * * * * * * Page 45 of 57 Words 'lFeGk lhl'eugh are deleted, words underlined are added SUBSECTION 3.HH.: AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications . . . . . . . . . . . . H. Upon submittal of any SOP, SDPA. PPL. PUDA. plats. a reaistered enaineer shall submit: 1. A COpy of the latest approved aareements. PUD ordinance or amendments and an itemized list of all commitrnents identified within the aareement or ordinance, and a correspondina detailed status report of the commitments. 2. A notarized affidavit from the owner/aaent that certifies all commitments within the aareement or PUD are compliant. or not applicable at this time, or that work identified in the application beina submitted fulfills the outstandina commitment(sl. 3. An up-to-date site drawina showina (except for DRl'sl: a. All on-site and off-site infrastructure identified as a commitment which have been completed or are pendina such as turn lanes. entrance liahtina. sianalization, riaht of way dedication, water manaaement. well fields. conservation easements, sidewalks. interconnections. etc. b. Other information which may be reauired bv the County Manaaer or desianee that is consistent with the monitorina of aareements and PUD ordinances. . . . . . . . . . . . . SUBSECTION 3.11. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10.02.03 Submittal Requirements For Site Development Plans. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: Page 46 of 57 Words slnlck thl'ough are deleted. words underlined are added 10.02.03 Submittal Requirements For Site Development Plans . . . . . . . . . . . . B. Final site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his designee. or his/her designee. prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant. . . . . . . . . . . . . 2. Site improvement plan review. Submittal of a site plan may be reviewed under the site improvement plan (SIP) review process if the development proposal meets all of the following conditions: . . . . . . . * * * * * d. Raw water ',veils Public utilitv ancillary svstems in Collier County will be permitted as insubstantial changes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant. wastewater treatment plant or other facility to which the raw 'Hater well(s) public utility ancillary systems are anGillary subordinate. provided that the requirements of Section 5.05.12 are met. More than 1 weU ancillary use may be permitted with 1 application provided that all wells uses are wi#IiH the €ame wollfiels connected by the same pipeline. The insubstantial change submittal shall include a signed and sealed boundary survey of the property or lease parcel; a copy of recorded deed or lease agreement; a recent aerial photograph of the project area; a master plan showing all wellfield!> public utilitv ancillary systems ansillary subordinate to the main water treatment plant, Gf wastewater treatment facility. or irriQation Quality (IQ) system inclusing tho prol3e€es .....ells; and a site plan prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth the following information: . . . * . . . * . * * . 4. Site development plan time limits for review. approval and construction. a. Site development plans (SOPs), once accepted for review. will remain under review so long as a re-submittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the for site development plan review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Page 47 of 57 Words strusl, lmesgh are deleted. words underlined are added b, /\ppro\lod sito dovoloJ3ment pia AS (SDPs) only romain valid and in force for t'....o yeaFs from tho date of thoir apJ3roval unless GonstruGtion has Gommenced. as follows. If actual Gonstruction has not commonced within two yoars, moasurod by tho date of tho SOP approval lotter, tho site development plan approval term oxpiros and tho SOP is of no forGe or offect; he'llover. one amendmont to the SDP may eo approvod prior to the expiFation date. which would allow the SOP. as amondod. to romain valid for two years measurod from the date of aJ3proval of tho amendmonl. so long as the proposed amondment GomplioG 'Nith tho rofluiremeAls of tho then existing Godo. OnGe Genstruction has Gommoncod, the approval torm will eo dotermined as follo'Ns: b. Approved site development plans (SOPs) shall remain in force for 3 vears from the date of approval. as determined bv the date of the SOP approval letter. If construction has not commenced within 3 years. the site development plan approval term will expire and the SOP approval is of no force or effect. One amendment to the SOP may be applied for and may be qranted prior to the oriqinal expiration date. so lonq as the proposed amendment complies with the LDC requirements in force at the time of the SOP amendment submittal. The SOP amendment shall remain in effect for 3 years from the date of approval. as determined by the date of the SOP amendment approval letter. i. A one time. 1-year extension of the 3-year limit of the approved SOP or the approved SOP amendment may be qranted. Applications for an extension must be made to the planninq manaqer with the appropriate processinq/administrative fee. c. Once construction has commenced. the approval term shall be determined as follows. The construction of infrastructure improvements approved By under an SOP shall be completed, and the proiect engineer's completion certificate provided to the sengineering and Environmental ~ervices Dairector, within .:J.g 30 months of the pre-construction conference. I.e.. commencement of construction. A single, ~ ~-month extension to complete construction may be granted for good cause shown,if. 8 written request shall be submitted to. and approved by the County Manaqer or desiqnee, oAgineerin€l and Environmontal sorviGOS director prior to expiration of the SOP or SOP amendment approval term. Thereafter. the SOP or SOP amendment approval term expires and is of no force or effect. . . . . . . . . . . . Page 48 of 57 Words "Ires" through are deleted, words underlined are added SUBSECTION 3.JJ. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements For Plats. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats * * * * * * * * * * * * B. Final plat requirements. 1. Protected/preserve 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 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 as reauired by the LDC. or other setback that may be approved as a deviation throuah the PUD approval process by the Board of County Commissioners from the boundary of such protected/preserve area in which no principle structure may be constructed. The 25 root reauired preserve principal structure setback line and the 1 g root accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. 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 Page 49 of 57 Words strud:: thrEHlgh are deleted, words underlined are added 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. . . . . . . . . . . . . 3. General requirements for final subdivision plats . . . . . . . . . . . . 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 oXGseEfing one year is applied for and approved by the aevelepmeRt sorvices administrator County Manaaer or ffis 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 performance 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. . * . . . . * . . * . . SUBSECTION 3.KK. AMENDMENTS TO SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS Section 10.02.05 Submittal Requirements For Improvement Plans. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 10.02.05 Submittal Requirements for Improvement Plans . . . . . . . . . * * * Page 50 of 57 Words streole thl'osgh are deleted. words underlined are added B. Construction of required improvements . . . . . . . . . . . . 11. Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 18 months from the date of recording of the final subdivision plat. or, if construction of required improvements is undertaken prior to recording the final subdivision plat. within 18 months from the date of approval of the final subdivision plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a subdivision performance security has been submitted. the engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a ono time, one yoar extensien to rocoivo final aGGeptaAco of tho improveA'lOnts. one year extensions for completion and acceptance of the reauired improvements. Each reauest should provide written iustification for the extension. Additional extensions may be aranted at the discretion of the County Manaaer or desianee. . . . . . . . . . . . . SUBSECTION 3.LL.: AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits. of Ordinance 04-41. as amended. the Collier County Land Development Code. is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits . . . . . . . . . . . . C. Vegetation Removal permit requirements. . . . . . . . . . . . . 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: . . . . . . . . . . . . ii. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall Page 51 of 57 Wards struek tcMsugn are deleted, words underlined are added include an evaluation of character and quality of the plant communities identified, including their rarity. viability. and such other physical characteristics and factors that may affect their preservation. and presence of any bald eaqle nests. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester. biologist, ecologist, horticulturist. landscape architect. or certified nurseryman. * * * * * * * * * * * * 4. Vegetation removal permit exceptions. The followinq exceptions shall apply when there are no bald eaqle nests. * * * * * * * * * * * * E. Enforcement and penalties. 1. Fines. a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living. woody plant. constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of veqetation with a bald eaqle nest shall be subiect to a fine of UP to $5.000 per bald eaqle nest. Each nest. eaqle. chick and eqq usinq the nest that is removed. shall also constitute a separate and distinct offense and shall be subiect to separate and individual fines of UP to $5.000 each or maximum permitted by law. which ever is qreater. * * * * * * * * * * * * SUBSECTION 3.MM. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy. of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 52 of 57 Words slrud: thl'ssgh are deleted, words underlined are added 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance. Ord. No. 90-24 (Chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. Regulatory program: Review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. . . . . . . . . . . . . C. Certificate of public facility adequacy. 1. General. a. A certificate of public facility adequacy (COA) shall be issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10.02.07 C.1.e.. and such funds will be immediately available for appropriation to implement capital road facility improvements. except that for those non-residential (i.e.. typically commercial or industrial) developments otherwise required to obtain approval of an SOP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: i. comply with the applicable regulations of this section as to one or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or ii. delay submitting a TIS and obtaining a COA for all of the proposed lots. or just those remaining lots not then already complying with this section, until a required SOP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes. however, until approval of a TIS. payment of 50% estimated Transportation Impact Fees. and issuance of a COA in accordance with Chapters 3. 6. and 10 of this Code and Rule 9J-5.0055. FAC. Impact fees for all other Categery "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. Page 53 of 57 Words s!ruck thl'sugh are deleted. words underlined are added b. Annual TrafficlPUD Monitoring Report. !\f.tor FeBruary e. 200<l. #Ie offectivo Efato of this seGtion's amonEfment. all-Planned Unit Developments (PUDs) wAi6Il that are less than 100 percent "built- out", must annually submit an annual report detailing their progress toward build-out of the development. The traffic report ffitI6t shall be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD's approval by the Board per LDC section 10.02.13,F 1. The written report ffitI6t shall be submitted to, and be in, a format established by the County Manager. or designee. unless payment-in-lieu is provided pursuant to section 1 0.02.13,_F.. ana FAust inaiGale ii. The report shall provide any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. iii. The traffic reportina reauirements are the responsibility of the entity or entities that: a. Retains the development riahts to any density or intensity: or b. Has obtained a new certificate of occupancy since the previous monitorina period. iv. TrafficlPUD Monitoring Reports which are more than thirty (30) days niRety (99) €lays past due will result in the suspension of final local development order issuance for the PUD or portion of the PUD pending receipt of the R report from the responsible entity. v. The county manager or designee may waive the traffic counts for the annual monitoring period for the entire PUD or portions of the PUD under the followina conditions: a) If GF-portions of the PUD have whon tho remaining un-built approved density or intensity that produces less than 25 PM peak trips," b) If the PUD or portions of the PUD are completely built out or are still vacant c) If there has been no activity in portions of the PUD since the previous monitorina report. Page 54 of 57 Wards strode thnmgh are deleted, words underlined arc added vi. A notarized statement is required to request a traffic count waiver statinq one of the reasons above. vii. The PUD owner(s) "the Developer. Home Owners Association. Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The appliGant for a waiver or aotormination of "Built eut" ~tatus sAall 130 respeAsil3le fer any documentation FOfluiroEf in order to vorify the ~tatus of tho pyg., The applicant shall be responsible for any documentation required to verify the status of the PUD when requestinq a waiver or a determination of "built-out" status. The tmfflG r-epoFliAg refluir-emonts ar-e the resllensil3ilily of IAe enlity that r-elain~ tAe romaininlj ae'lelOllmeRt rigAls to any I,JA Bl,Jill units er intensity. * * * * * * * * * * * 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under seclion 10.02.07 C.1. of this Code subsequent to the [effective date of this section's amendment] will run in perpetuity provided provisions of subsection 10.02.07 C.1.e. of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are compleled or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. a. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local development order subject to section 10.02.07 C.1. of this Code. * * * * * * * * * * e. Expiration. A certificate of pUblic facility adequacy for "Categery /\" all public facilities. except roads. shall expire Ihree years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved or a final subdivision plat has been approved and recorded. and the proposed development is then completed pursuant to the terms of the Collier County Building Code or as provided in section 10.02.07 C.1. of this Code. refund of impact fees. except for certificates issued pursuant to section 10.02.07 C.1. of this Code, will be subject to the proviSions of the consolidated impact fee trust fund ordinance. The expiration date Page 55 of 57 Words struck thl'sugh are deleted, words underlined are added of a re-issued certificate re-allocating capacity to different lots or parcels in the same development will relate back to. and be calculated from. the original certificate's date of issuance. i. For large developments as indicated below. a five year certificate of public facility adequacy for "Catogory ,II," all public facilities. except roads, may be obtained provided the developer enters into an enforceable development agreement with the county. Developments comprised of more than 500 residential dwelling units. or a phased increment of development comprised of more than 150 residential dwelling units. or a commercial/industrial development of more than 100.000 square feet of gross leasable area is considered to be a large development. A certificate of public facility adequacy for a large development shall expire five years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code. . . . . . . . . . . . . SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County. Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article." or any other appropriate word. Page 56 of 57 Words strudc threugh are deleted, words underlined are added c____...~___.._~...____,,___,.."_...~_"_e___.._~~__.__. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Tallahassee, Florida; with the exception that the amendments to section 9.03.07, as proposed in subsection 3.GG. of this Ordinance. shall become effective 45 days after the effective date of this Ordinance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2008. ATTEST: DW!~.tfTB.~K. CLERK ',. -,,,-.,, '". " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .' ~~~~~TOM:~'N~' HAIRMAN Attest .ntl):~t , ,1gnature on I' i' . Approved as to form and legal sufficiency: 04-CMD-OJ077/JOIO - t 1/6/08 FtNAL Page 57 of 57 ThIs ordfnontll filed wi'tli me ~!etcIIY of SteI6b Offil:e tf,^ J.iL. day of . , ~~ ilnd Cle:knowledgement of tM\ filing ree: Ived this 20 do'. of 0 21:> ~ ~:L ~puf'yel,lljtti: Words struck tlHaligh are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-63 Which was adopted by the Board of County Commissioners on the 30th day of October, 2008, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of November, 2008. DWIGHT E. BROCK Clerk of Courts and. Clerk Ex-officio to ~?~rWof County Commissioners ~~c polaski, .) . Deputy Clerk ~. ._._----_._-~--_._. - _..._._---_._-"~ _._--~-_._.-