Loading...
Ordinance 96-66~ ,. "'.: ..~,~ '~.- ORDINANCE NO. 96.- 66 '3 ~' ~XN ,"ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, AS '~o A~NI)ED, 'FILE COLLIER COUNTY LAND DEVELOPMENT CODE, {t ....... ~-~"IIlCII INCLUDES TIlE COMPREilENSIVE ZONING REGULATIONS x':~'~ "~FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR: SECTION ONE, RECITALS; SE~!ON TWO, FINDINGS OF FACT; SE~ION T!IREE, ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT CODE , MORE SPECIFICA!.I.Y AMENDING ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9. ENFORCEMENT; ARTICI,E 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERM!~ED USES, CONDITIONAl, USES, DIMENSIONAl. STANDARI)S, DIVISION 2.3, OFF-STREET PARKING AND LOADING, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.6 SUPPLEMENTAL DISTRI~ REGULATIONS, DIVISION 2.8. ARCIilTECTURAL AND SITE DESIGN GUIDELINES AND STANDARDS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE DEVELOPMENT PLANS, DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION, DIVISION 3.15. ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING AND ADMINIST~TIVE BODIES, DIVISION 53. GROVel! MANAGEMENT DEPARTMENT, DIVISION 5.9. CO~IMUNITY DEVELOPMENT SERVICES DIVISION, DIVISION 5.10. DEVELOPMENT SERVICES DEPARTMENT, DIVISION 5.11. GRO~!! PLANNING DEPARTSlENT, DIVISION 5. I2. HOUSING AND URBAN ISIPROVEMENT DEPARTMENT; ARTICLE 6, DIVISION 6~. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO DEFINITIONS OF COMMERCIAL EQUIPMENT AND COMMERCIAL VEIIICLE AND DEFINITIONS RELATED TO ARCItlTECTU~L AND SITE DESIGN STANDARDS AND GUIDELINES; APPENDIX B TYPICAL STREET SECTIONS INCLUDING REVISIONS TO TYPICAL CROSS SE~IONS FOR LOCAL STREETS, MINOR COLLEffORS, AND DELETION OF TIlE CUL-DE-SAC TYPICAL CROSS SECTION; SE~ION FOU~ CONFLICT AND SEVE~BILI~; SE~ION FIVE, INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; AND SE~ION SIX, BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code, which has been subsequently amended; on October 13, 1991; and WHEREAS, Ihe Land Development Code may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the second amendment to the Land Development Code, Ordinance 91-102, in this calendar year; and WHEREAS, on March 23, 1993, the Board of County Commissioners adopted Resolution 93-124 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 93-124 have been met; ~nd Words struck '~ ..... ~ are deleted; words underlined are added. WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on October 16, 1996 and October 30, 1996, and did take action concerning these amcndmcnts to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board orCounty Commlssioncrs orCollicr County, Florida, that: eECTION ONE: RECITALS The foregoing recitals arc truc and correct and incorporated by reference hcrcin as if fully set forlh. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier Counly, Florida, hcrcby makes [he following findings of fact: 1. Collier County, pursuant to See. 163.3161, e~ e.~.q., Fla. Star., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herelnafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption ofthe Comprehensive Plan, the Act and in particular See. 163-3202(I). Fla. Star., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.320I, Fla. Star., provides that it is the intent ofthe Act that the adoption and enforcement by Collier County of land development regulations for the total unlncorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4t. See. 163.3194(I )(b), Fla. Star., 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 development 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. Sec. 163.3202(3), Fla. Star., 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 (hereina~er the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et se_q.q. Fla. Star., and Rule 9J-5, F.A.C. 7. Sec. 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 eegard 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 clement or portion th ereo f. Words struck thrcugh are deleted; words underlined are added. -2- S. Pursuant to See. 163.3194(3)(a), Fla. Slat., a development order or land development regulation shall bc consistent with the Comprehensive Plan irthc land uses, densities or intensities, in Ihc Comprehensive Plan and if it meets all other criteria chumcrated by the local government. 9. Section 163.3194(3)(b). Fla. Slat., requires that a development approvcd or undertaken by a local government shah hc consislcnt with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development arc compatible with an further the objectives, lolicics, land uses, densities or intcnsitics in the Comprehensive Plan and if it n:ccts all other criteria enumerated by the local government. I0. On Oclobcr 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may bc amended twice annually. I 1, Collier County finds that the Land Dcvclopmcnt Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome prcscnt handicaps; and deal clTcctivcly with future problems that may result from the use and development of land wilhin the total unincorporatcd arc 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; prevenl the overcrowding of ]and and avoid the undue concentration of population; facilitate the adequate and effkient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain Ihrough orderly growth and development, lhe character and stability of present and future land uses and development in Collier County. 12. ]I is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with lhe provisions of the Collier County Development Plan, Chapter 125, Fla. Slat., and Chapter 163, Fla. Star,, and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT CODE SUBSECTION 3,A: AMENDMENTS TO ENFORCEMENT DIVISION Division 1.9, Enforcement of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.9. ENFORCEMENT See. 1.9.1. General. The provisions of this code shall be enforced by (I) the Collier County code enforcement board pursuant to the authority granted by F.S. §162.01 et seq., (2) by the board or county commissioners through its authority to enjoin and restrain any person violating the code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. §125.69. The county manager shall have the right Io Words struck tkrcugh are deleted; words underlined are added. -3- inspect those lands, waters, or structures affected by this code and to issue citations for violations. 1.9.1.1. Thc term "county manager" as used in this code shall mean thc county manager or his dcsigncc. See. 1.9.2. Violation. Whenever, by the provisions of this code, thc performance or any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or devclopmcnt of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this code. Sec. 1.9.3. Complaints regarding violations. Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designcc, shall record properly such complaint, investigate, and takc action Ihcrcon as provided by this code. tic shall maintain as a public rccord, in his office, the disposition madc ofthe complaint. Sec. 1.9.4. Liability. Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect, cnginccr, builder, contractor, or any other agent, or othcr person, firm, or corporation, either individually or through its agents, cmployecs, or independent conlractor, who violarcs the provisions of this code, or who participates in, assists, dirccts, creates, or maintains any situation that is contrary 1o the requirements of this code, shall bc held responsible for the violation and be subject to the penalties and rcmcdies provided heroin or as otherwise provided by statute or ordinance. Sec. 1.9.5. Procedures upon discovery ofv|olations. Upon the determination that any provision of this code is being violated, the county manager or his dcsignee, before prosecuting said violations before the code enforcement board, shall send a written notice by registered or by certified mail return receipt requested or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the county manager's discretion. The written notice shall state the action the county manager intends to take, if the violation is not corrcctcd~...fl ,h-- -.~,,;-- ,k., ,, ...... "' n:~.neger':. ^'-'"- me)' s,, -yt- ..... t~ Before a violation of any of the provisions of this code is prosecuted before the code enforcement board, written notice by registered or certified mail, return receipt requested, shall be serviced by the county manager or his dcsignce according to the rcquircments of Ordinance No. 92-80, as may bc amended from time to time. If the violation is of a nature that it can bc corrected by an of~cial zoning atlas amendment or through the granting of a variance, the county administrator is authorized to suspend enforcement actions pending the outcome ofsuch proceedings; provided that the person(s) responsible for the violation RIc the appropriate application forms for olTidal zoning atlas amendment or variance hearing with the county manager within ten calendar days of the receipt of notice of violation. If the outcome of an of Ecia] zoning atlas amendment request or variance request does not rcmcdy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct thc violation, unless granted an extension by the county manager as set forth above. words struck t,hroug,h are deleted; words underlined are added. -4- In cascs wbcrc dclay would scriously threaten thc cffcclivc cnforccmcnt of' Ihis codc or posc a danger to the public health, safety, or general welfare, thc county managcr may seek enforccmcnt without prior written noticc by invoking any of tile rcmedies contained in this code or otherwisc provided by law. Sec. 1.9.6. Criminal penalties and remedies. A person who violates any of the provisions of this codc, or fails to comply with any or its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name or the state in the same manner as misdemeanors are prosecuted, pursuant to the terms of F.S, §125.69, as amended. and shall be subject Io all criminal penalties authorized by the State or Florida rot such violation. Upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each calendar day that any violation continues after receipt of a writlcn notice or such violation shall constitute a separate violation and a scparalc offense for purpose of the penalties and remedies specified hcrein. In addition to the penalties and remedies above, the county manager may institute any appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this code. as provided by law. Sec. 1.9.7. Civil penalties and remedies. 1.9.7.1. Cectse and desist orders. The county manager is authorized to issue cease and desist orders in lhe form of written official notices sent by registered mail to the person(s) responsible for the violation, 1.9.7.2. Revocation of hulkling permits, certt)qcates of occttpttncy or other development orders. permits or ttpprovals. The county manager may revoke any building permit, ccrlificale or occupancy, development order, development permit, or development approval, whatsoever, in those cases where an administrative dclerminalion has been duly mmle that. relevant to tile provisions and requirements or this code, false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. 1.9.7.3. Sttspe. ttsiou of httihh'ttg permits, certt)gcates of occttpttttcl.'. of other development orders. permits or ttl?provttls. The county manager may, 1o the extent permilted by law, suspend any building permit, cerlificale of occupancy, development order, development permit, or development approvals whatsoever, where an administrative determination has been duly made that, relevant to the provisions and requirements or this code, an error or omission on either the part of the applicant or government agency existed in lhe issuance ofthe permit or approval. A valid permit or certificate shall be issued in place or the incorrect permit or certificate after correction of the error or omission. 1.9.7,4. Stop work order. For any violation of the provisions of this code which constitutes a threat to life or to public or private property, the county manager shall have the authority to issue a stop work order in the form of a written official notice given to the owner oflhe subject properly or Io his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the county administrator that any words struck through are deleted; words underlined are added. -5- action or work is occurring contrary to the provisions of this code, and it constitutes a threat Io life or Io public or private property, such action or work shall immediately bc stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county administrator shall be sufficient. Sec. 1.9.8. Other remedies. The county manager or the board of county commissioners may have recourse to such other remedies in law and equity as may bc necessary to ensure compliance with the provisions of the code, including the following: 19.8.1. lnjunctive rclicf to enjoin and restrain any person from violating the provisions of the code and recovery of damages for such violation; 1.9.8.2. Prosecution by the state attomcy's office as provided by F.S. §125.69, as amended; 1.9.8.3. Prosecution before the Collier County code enforcement board; 1.9.8.4. Revocation of any permit or changing the conditions orany permit; 1.9.8.5. Withholding the issuance of any construction plan approval, building perulit, certificate of occupancy, or inspection by the county; 1.9.8.6. Requiring replacement by the property owner of any vegetation removed in violation of the land alteration and landscaping regulations or in violation of any permit issued under the code, including corrective measures pursuant to section 3.9,6.9. Replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. At the time of planting, a replacement tree shall have a minimum callper of I~ inches and a minimum height of seven to eight feet; and 1.9.8.7. Recovery of attorneys' fees, expert witness fees, and costs, including those on appeal, incurred by the county for in-house county attorneys and staff experts and for outside legal counsel experts. See. 1.9.9. Notice and appeal. All administrative decisions concerning the issuance. revocation, suspension, or stop work order, or other remedy pertaining to building permits, cerlificales of occupancy, development orders, development permits, or development approvals, whatsoever, shall be stated in official written notice sent by registered mail to the permit applicant. Decisions of the county manager may be appealed to the board of county commissioners., board of zoning appeals, co.d.e enforcement board, or building board of adjustments and appeals as may be applicable, See. 1.9.10. Proseeutlon under previous regulations. Any prosecution arising from a violation of any prior code, ordinance, or regulation of Collier County superseded by this code, which prosecution was pending at the effective date of this code, or any prosecution which may be begun within one year after the effective date of this code, in consequence of any violation of any prior code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of this code, shall be tried and determined exactly as if such prior code, ordinance, or regulation had not been superseded. Words ctruck thrcugk are deleted; words ~nderline~ are added. O1""':"~ :"' .... s..l: .....,I ,l`^tl k .....: .....,t I,u el,, I,,^~,,I ^f,^_: ........ SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES, CONDITIONAL, USES AND DIMENSIONAL, STANDARDS DIVISION Division 2.2., Zoning Districts, Pen*niltcd Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, Ihc Collier County Land Development Code is hereby amended to read as follows: Division 2.2 Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards Sec. 2.2.12. Commercial professional district (C-l) and commercial professional transitional district (C-I/T}. 2.2. 12.3. Conditional ,ses. The following uses arc permissible as condilional uses in the commercial prorcssional/transillonal district (C-I, C-I/T, subject to the standards and procedures established in division 2.7.4. ] I. Soup kitchens, as defined by this code. 12. Veterinarian's Office (0742), excluding outdoor kenneling, 2.2.12.6.3. Traffic Generation. The proposed use must not generate in excess of five percent of level of service C peak hour volume design capacity on abutting streets that provide access to lhe properly. 2.2.12.6.4. ,4rchitecturalandSiteDesien ,Sta. ndards. All cOmmemial buildings and projects shall be subject to the provisions oCdivision 2.8, See. 2.2.13. Commercial convenience district (C-2). 2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small scale shopping and personal needs of the sun'ounding residential land uses within convenient travel dis'ance. It is intended that the CG -2 district implements the Collier County growth management plan within those areas designated agricu Itural/rural; estates h,.ighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the lmmokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the localtonal criteria for commercial and the goals, objectives and policies as identified in the future rand use element of lhe Collier County growth management plan. The maximum density permissible in the commercial convenience district and the urban mixed use land use designation shall be guided. in part. by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or words struck t,hroug,h are deleted; w,.,rds underlined are added. -7- permitted in a districl shall not exceed the density permissible under the density rating system. 2.2.13.2. Permitted uses. The rollowing uses, as defined with a number from other,vise provided for within this section, are permitted as of the Standard Industrial Classification Manual (1987), or as right, or as uses accessory permitted uses in the C-2 commercial convcnicnce district. 2.2.13.2,1. Permitted uses. I. All permitted uses and all conditional uses except increased height and mixcd rcsidcntial and commcrcial uses of the C-1 commercial proresslonal district and the C-I/T commercial professional/transitional district. 2_. .Apparel and Accessory Stores (groups 5611-5699) 3. Business service (groups 731 l, 7313, 7322-7338, 7361-7379. · ~'~'~, '~'~'~t, 7378, 7279 7384), 4__.e', Care Takers Residence, subject Io section 2.6.10. 5. Eating places (5812 except contract feeding, dinner theaters, food service (institutional), industrial feeding). 6. Electrical repair shops (7622 radio, television, stcreo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 7. Food stores (groups 5411 except supermarkets, 5421-5499). 8. Gasoline service stations {5541 subject to section 2.6.28). 9~g,. General MerchandiSe Stores (5311 -,51399} 10.__~.~Group care facilities (Category I and 11, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 40-I 1_._:. Hardware stores (5251). .14-12, Health services (groups 8011-8049, 8082). 13.._.~.Home Furniture, Furnishing and Equipment Stores {groups 5713- 5719, 5731-5736} 14._=. Libraries {8231 ) 15....~Miscellaneous Repair Services {7629-7631 ) 16.._~.Miscellaneous Retail Services (5912-5961) 17. Museums and Art Galleries (841 18_=. Paint, glass and wallpaper stores (5231} words =r. rucl: '-'- ..... "' are delet:ed; words underlined are added. -8- 19.4-:2-, Personal services groups (7212.7215,7221722! 7251, 72911. 20...~.t--3, Security and commodity brokers, dealer, exchanges and services (groups 621l-6289). 21.._:.44,. United States Postal Service (4311 cxccpl major distribution center). 22..._~.4-8-, Veterinary services (0742 excluding outside kcnneling). 23.._.:.46,. Videotape rental (7841 ). 24.._~17.... Any other convenience commercial use which is comparable in nature with the Foregoing uses including building for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the district. 2.2.13.7. Architectural and Site Design Standards. All commercial buildings and projects shall be subject to the provisions. 0F DiviSiOn 2.8. 2.2.14.7. . . Architectura.! and ~;ite Design Standards. All commercial buildings and projects shall be subiect to the provisions of DiviSion 2.2.15.8. ArChitectural and Site Design Standards, All commercial buildings and projects shall be subject to the provisions of DiVisjorl 2.8, 2.2.15 ~. 9. ,4rchitectural attd Site Design Standards. All commercial buildings and projects shall be subject. to the provisions OlD vision 2.8, 2.2.16 ~.2.9. Architectural and Site Design Standards. All commercial buildings and projects shall be subject to the provisions of Division 2.8, See. 2.2.24 Special treatment overlay district (ST); special regulations for areas or environmental sensltivlty and lands and structures of historical and/or archaeological significance and the Big Cypress Area or Critical State Concern. 2.2.24.2.3. Establishment of ACSC-SToverlay district. In accordance with F.S. §380.05, and chapter 73-131 Laws of Florida, the administrative commission instituted regulations for the Big Cypress Area of Critical Stale Concern (ACSC). The purpose of these regulations is to conserve and protect the natural, environmental and economic resources of the Big Cypress area. Furthermore, these regulations are to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, safety and welfare of residents of the state. Chapter 28.25 of the Florida Administrative Code establishes criteria for site alteration, drainage, transportation facilities and structure installation. These regulations are implemented through the land development regulations as set forth in section 2.2.24.3.2. an overlay zoning classification to be known as Area of Critical State Concern/Sensiti;'eSpecial Treatment overlay shall be designated on the official zoning atlas with symbol ACSC-ST. 2.2.24.1 I. Transfer of development rights. An owner of !and located within areas designated as Urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, dosig-a. al~ Words struck t.hrcu~h are deleted; words underlined are added. -9- ~s g-I: may clcct to transfer some or all of the residential dcvclopmcnt fights ]from one parc.cl orh-~ g-T-land to ..~'~n ST another parcel, as an allcrnalivc Io Ihc development orthc S-l:sending lands, The lands to which the development Hgh!.s. arc to bc transferred shall bc rcrcrrcd to as receiving lands and those lands fron] which development righ!s arc Irnnsrcrrcd shall hc rcrcrrcd to as sending lands r.v, .... :, as providcd hcrcin and shall be located within the Urban designated areas of the Cqunty. i:: .... r. .... :, ..... :,l. d.~ c'r ....... 2.2.24.1 i.1. The development fights shall bc considered as interests in real property and bc transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not bc used again and the residential development rights or thc subjcct-,%~: lands providing them shall bc considered severed forever. 2.2.24.11.2. The transfer of development rights to bc uscd..rre~ n~n ST !and :ha!! r.~ c~'.~: ....... ~ ~..~ ..... c'r ~.n.~ ^^.~ shall bc subject to all ofthc requirements of the basic zoning district To which they arc transferred unless spcci tically approvcd othcn. visc as provided by law. 2.2.24.11.3. The minimum area of~-.T- land eligible for the transfer ofdcvclopmcnl rights shall bc equal 1o the minimum lot size for the scndinR zone. For the purposc. s of this section, legal non-conforming lots of record may hc eligible to transfer density, with the minimum area oflhc rccelving land equal to the area of the legal non-conforming lot ofrccord~ t.,.~ excluding submerged land. 2.2.24.11.4. Upon the approval of the transfer of residential development fights rcr ET !and by a super majority vote of the Board of County Commissioners, the property owner of the ~T-scnding land shall dedicate in fec simple the land to the county or a state or federal agency; however, the lands may bc dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners. 2.2.24.1 i.S. The maximum number of'residential units which may be requested rr~m ST !and '~c ncn ST !and shall be compilcd on the basis of the permitted density pursuant to the underlying zoning category of the g-T-sending land. 2.2.24.11.6. Maximum number of residential units which eligible ncn ST lands may receive. I. Non ST ! Lands in all residential zoning districts and residential components of Planned Unit Development ~x~ 15, nnd RT zoning districts arc eligible to receive residential development units provided that the maximum number orresidential units which may be transfe~ed to the ~n ~T receiving land does not exceed 10 percent of the maximum number orresldential units petitted under the receiving propeny's basic zoning cfthe P.~.~F 5 and P.~.~F 12 districl~ cr t:n Fercent crib: m:x~m'em n'~mS:r  DT ~:~.~. =: .~ ......... ~' For the pu~ose ofdete~ining the number of residential units which non ETa parcel of land is capable of receiving, the following fomula shall apply: RSF-I through RSF-5 districts, up to and including 5 Units per acre: Words ~truck ~ ..... ~ are deleted; words underlined are added. Units per base density x 10% = .! to .5 units per acre RMF-G district, tip to and including six units per acrc: 6 units x 10% = .6 units pcr acre RMF-12 district, scvcn to and including 12 units per acrc: 12 units x 10%= 1.20 units per acre RMF-16 district: 16 units x 5% = .gO units per acrc RT district: 16 units x 5% = .80 units pcracrc 26 units x 5% = 1.30 units per acre PUD district; Residential tract units x 5% = permitted units per acre 2. For the purpose of calculating the final fractional rcsidcntial unit of the total number of residential units eligible for transfcr to an non ET prcp:,"t,' eligible parcel of land, the following shall apply: Any fractional residential unit shall be conveiled upward if one- half or more of a whole unit, or downward if less than one-halfof a whole unit, to the nearest whole unit value. 2.2.24.12. Procedure for obtaining transfer of residential development rights. Any owner of ST eligible land may apply for a transfer of development fights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development fights or the issuance of any building permits in connection with the use of any transfer of development fights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the Board of County Commissioners. 1. Name and address of&l: property owner of sending land. 2. Name and address of nan ST property owner of receiving land. 3. Legal description ofg-T-sending land from which transfer of residential development fights is petitioned. 4. Survey ofET prepe:'ty sending land from which transfer of residential development fights is requested. 5. Legal description cn non ST ofreceiving land which receives the transfer of residential development fights. 6. Survey ofthe non ST land which receives the transfer of residential development fights. Words ctruck thrcugh are deleted; words underlined are added. -11- 7. Three copies of an executed deed of transfer ofowncrship oflhc sencling property to the county or a stale or federal agcncy; however, Ihc lands may bc dedicated in fcc simple to a private, not-for-profit conservation or cnvlronmcntal organization in accordance with F.S. 704.06, as amended, with the approval of the Board of County Commissioners in a form apprnvcd by the county attorney. 8. Thc r~r-owncr of the scndin~ land shall provide a guarantcc. agreeable to and approvcd by ordinancc of the board of county commissioners, that the-S-l: sending land will bc utilized only for lhC purposcs increasing public recreational and/or cducatlonal opportunities. creation of linkaT~cs bctwccn public or pfivatc open space, protcctio~l of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption, fore. vet reta!,".ed !n !t: .".:t'.:'r:! :er:dit!e.". and wi)! never k.. de:'~o ,ed ............ h., ....... ..... · ~:"'FC~O ......... "t ........... , .............. I ............... I ...... ' ............. ' ....... .J .....:~..1 ~.~; ........... ~ ........f ^r..^,: ......... ,:^. Such a guarantee shall bc recordcd with thc clerk ofthc circuit court orCo!lier County, Florida as a rccordcd rcstriction ofthc usc orsuch land and shall bc binding to all prcscnt and subscquent owncrs, hcirs, or assigns of such propcny. Such rcs~riclinns may not be amcndcd, dclctcd, or othcnvisc altcrcd, cxccpt by a maiority votc ofthe Board. of. Cou. nty Commissioners. 2.2.24.13. Time/imitations on Bottrd of CounO, Commissioner's approval of trt:nsfer of residential development rights or attthorization to proceed with the processing of a buihHng construction permit. The Board of County Commissioners' approval of a transfer of residential development fights or Ihe ~ .... ~ .......... :~-' planing seaices director's authorization to proceed with the processing of a building or construction pc~il shall bc valid so long as such approval is pcmittcd by law. ~e failure to act on the paa of the petitioner to cxcrcise the transfer of residential development rights or obtain and cxc~cisc an authorized building or construction petit within the lime period provided by law shall automalically tc~inatc such approval and the county shall bc held hapless from any damages a~sing out of the pctitioncr's failure to act. 2.2.24.14. ~qucntial use of residential traits approvcd for transfer ~' the Boanl of Cottn0' Commissioners. Upon Ihe issuance of any pemit for th~ construction of residential unit(s) upon ~n~n 8~ ~receiving !and, the firsl residential units built thereon shall be considered to be the residential units npproved for transfer by Ihe Board of County Commissionc~ ~ transfer, and the succeeding residential units constructed shall be considered Ihe residential units pcmitted under the basic zoning district regulations. ,e ....~ .......... : ....~: ..... ;. ,~ ....c ........ afthi: :~ticn may SUBSECTION 3.C: AMENDMENTS TO OFF-STREET PARKING AND LOADING DIVISION. Words ctruck "u ..... ~ are deleted; words underlined are added. -12- Division 2.3, Off-Street Parking and Loading, of Ordinance No. 91-102, as amended, Ihc Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING 2.3.10. Developers of commercial projects located within comm~rclal zoning districts, business park districls, or a commercial component of a PUD zoning district, which require a minimum or 80 parkin~ spaces. ~roviding paved off-street surface parking in excess of 120% of the requirements of this code shall request a varlancC in accordance with Section 2,7,5..T~.~ developer shall be required to provide double the landscar~in~ required inte~or vehicular use areas, ~--~ .... :"~ as required by s~tion 2.4.5.2 for those projects r~questing such a yaRdnee .... :'J SUBSECTION 3. D: AMENDMENTS TO LANDSCAPING AND BUFFERING. Division 2.4, Landscaping and Buffering, of Ordinance No. 91-I02, as amended, the Collier County Land Development Code, is hereby amended to read as follows, including the addition of Figure l, Sight Distance Triangles and Figure 2, Signage Adjacent to Landscape Buffer: DIVISION 2.4 LANDSCAPING AND BUFFERING Sec. 2.4. I. Title and citation. This division shall be known and may be cited as the "Collier County Landscap_eh~ Code." Sec. 2.4.2. Purpose and intent. The purpose and intent of the landscape code is to.' aD promote the health, safety, and welfare of residents of Collier County by establishing minimum uniform standards for lhe installalton and maintenance of landscaping; b) Io improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; c_l. to promote preservation and planting of native plants and plant communities; d_.) to provide physical and psychological benefits to persons through landscaping by reducing noise and glare; v cad eD screening and bufFer~ the harsher visual aspects of urban development; D to improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; ~ to reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and h_3 to promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation system through xeriscape. Sec. 2.4.3. Procedures. Words ztruck ~ ..... ~ are deleted; words underlined are added. -13- 2,4,3,1, Ltmdscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section sh:sll suhmit a landscape plan Io the ~ planning services director. The landscape plan shall be prepared by and bear the seal of a Llandscapc _Aarchitcct registered in the State of Florida, ~r ethe,".':!r.: I''~1'"'~'' '*J I'~ .................."' .......I"~1''''~ ...........I'~ I .........' ~ .......~ ....' ................. I ..... '., .~ '~n, ...... ~ ~t ..,~ ..... ^.~s,: ....... ~ The landscaping required for sin~ic-Family. Iwo-Family. and mo~ilc home dwelling units shall bc shown on the building permit plot plan. This plan is no~ required Io bc prep,red by and bear the sc:,l of a landsc;,pe archilecl. The landscape plan shall be drawn to a suilablc scale, include dimensions, north arrow, date, title, project owncr's name. delineate Ihc cxisling and proposed parking, vchicul*',r use areas, buildings. access points. and roadways, shaw all utility lines or casements, and show the location of cxistin~ and proposed planting areas and vc~:ctation communities and designate them by species name. The code-required landscaping shall bc highlighted or indicated on the plan to diffcrcmiatc from Ihc applicant's provided landscaping that i.~ in addition Io Ihat required by Ihls code. Design crcativity is encouraged so long as it meets the intent oF this code. The plan shall show the location or permanent vc~ctation protection devices, such as barricades, curbing, and trcc we!Is. The plan shall also include a char~ indicating graphic plant symbol. botanical and common name, quantity, height. spread, spacing, native status, droughl tolerance rating (as defined by "Xeriscapc Plan Guide Ii" published by South Florida Water Management District, West palm Beach, FL) and lype o1' mulch. The plan shall show Irce and palm stakln~: derails per acccptcd industry practices and standards. In addition, a labulalion of the code- required landscaping indicating the calculations necessary Io insure compliance with this code shall also appear. Na ',:':: .":-T-'!:~ '--'nd:: .... :^" '.a ..... :,~. ~.,~ .... :...~, :':ce[v: eA certificate ot' occupancy shall not be issued until v.'i'.~a'..". :~i~: approval ol':u:~ Jhc landscaping plan and ~ installation oF plants and mmcrials consistcnt with that approvcd plan has bccn completed and inspected by the County. 2.4.3.2. /rr/~ion p/a, r~qub'~d. Prior to the issuance of any subdivision plat or final site development plan. an applicant whose development is subject to the requirements oF this section shall submit separate irrigation pl:,n to the da'.'~!aFm~n'. plannin~ services director. The plan shall be prepared by persons qualified to prepare irrigation plans. such as an irrigation designer or landscape architcct. The irrigation plan shall be drawn at lhc same scale as the landscape plan to: ~ ~'.:'[:--.b!: ::a~; show c×isting vegetation to remain; delineate c×isting and proposed buildings and other site improvements, parking spaces, aisles, and driveways; indlcatc main. valve, and pump locations. pipe sizes and specifications; show controller locations and specifications; show back,low preyenter and rain-scnsin~ devices and include a typical sprinkler zone plan indicating type, specifications and spacing. and coverage. IFdrip irrigation or seeker hoses are proposed, their layout shall bc shown. Irrigation systems shall be designed to avoid impacts with cxistin~ vegetation. Field changes may be made to avoid disturbance o1' such vegetation, such as line routing, sprinkler head placement, and spray direction adjustments. Words struck ~ ..... ~ are deleted; words underlined are added. -14- 2.4.3.3. Existing pl(titl co,t,tttllitic.f. Existing plant communities and ccosystcms shall be maintained in a natural state and shall not bc required to be irrigated. Native plant areas that arc supplements Io an existing plant community or ncwly installed by the developer applicant shall bc i~gatcd on a Icmpora~ basis only during Ihc period of establishment from a tcmpora~ i~igation syslcm, water track, or by hand waiting wilh a hose. 2.4.3.4. Cttltix.atcd ht,dscapcs. Cultivated landscape areas shall bc provided with an automatic i~igatlon system to improvc the su~ivability of the required landscaping. Sprinkler heads i~igating lawns or other high water demand areas shall be c~reu~t~d zoned ~ scparatc~ ~ from those i~gating trees, sh~bbcW, ground cover, ~owc~, or other rcduccd watcr rcquircmcnt areas. Automatically controllcd i~gation systems shall be operated by an i~gation controller that is capablc of watc~ng "high water" requirement areas at different frcqucncics and duration than "low water" requirement areas. Landscaping shall bc watered on an as-nccdcd basis only. I~igation systcms shall be designed for thc zoning of high and low water usc arcas, a~ tlcads shall he designed for 100 percent head-to-head coverage er t.~e ~u~v,~e.~t .rcr Fcrc~ F~Fe ~)'~tem~ unless spccificd by thc manufacturer. These requirements may bc adjusted for retention areas. The i~igation syslcm shall bc designed and installcd in accordance wilh the Flo~da l~gation Society, Standards and Specifications for Turf and Landscape I~gation Systcms (as amended). l~gation systems utilizing well water shall be designed and maintaincd in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of wat~ to impewious areas. bigation systems, other than d~p or soakcr hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the opemtlon of multiple zones requires additional time. South Florida Water Management District (SF~D) or other utility company water use restrictions shall supersede these requirements. There am no operational requirements rot i~igation syslcms utilizing c~uent. All new residential, commercial, and industrial dcvclopmcnts shall bc i~igated by the use oFan automatic i~gation system with controller set to apply water in a manner consistent with this division. Moisture dctcction devices shall be installed in all automatic sprinkler systems to ovc~idc the sprinkler activation mechanism during periods of incrcased rainhi1. Where existing i~igation systems arc modified rcqui~ng the acquisition of a pc~it. automatic activation systems and ovc~ding moisture dctcction devices shall be installed in compliance with this division. 2.4.3.5. btstallatio,. Prior to the issuance oFany certificate of~cupancy for a use required to provide landscaping and i~gation in accordance xvith this section, all required landscaping and i~gation shall bc installed and in place as set out in the plans approvcd under subsections 2.4.3.1 and 2.4.3.2. All plant matc~als must be installed in accordance with accepted landscape practices in the area and meet thc plant martial standards contained in Section 2.4.4. Plant matc~als shall be installed in soil conditions that are conducive to the proper growth of the plant matc~al. Words struck '~ ..... ~ are deleted; words underlined are added. l. imerock Iocalcd within plantin~ areas shall bc removed and replaced with native or growin~ quality soil before planlin~, A plant's growth habil shall bc considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall not hc placcd whcrc they interfere with site drainaBe, suhst,rfacc utilities, or overhead utility lines, or wbcrc they shall require Frequent pruning in order to avoid interferences with overhead power lines. Trees shall not bc planted in areas that retain excessive quantities or water or will require excessive amounts of fill placed over lhc root system that will affect Ihc health orthc trcc species. Required landscaping shall not bc placed within casements withoul written approval From all entities claiming an interest under said cascmcnl. All required landscaping shall be installed in accordance with plans approvcd under section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with division 3.2 governing the final platting of subdivision. All required landscaping shall be maintained in a hcallhy condition in perpetuity as per the approvcd building and site plans. Code Enforcement may investigate deficiencies in approved landscaping ancl institule corrective action to insure compliance with this code. In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the developmere planning services director, if Furnished with a statement which includes good and sufficient evidence that states that the required planrings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required planrings are not installed when conditions permit, then the county may revoke the certificate of occupancy. 2.4.3.6. Pru,ing. Vegetation required by this code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with "Pruning Standards {Revised 1988)" of Ihe National Arborist Association. Trees emJ-r, ho,~ shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. installation. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, e~. side~valks, buildings, and similar conflicts). 2.4.3.7. Maintena,ce. The owner shall be responsible for the continued maintenance and upkeep ot' all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm stakin~; shall be removed between 6 and 12 months after installation, All landscapes shall be kept flee of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on.the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. "' .... ': ........ :^^- Code Enforcement will inspect areas affected by this code and issue citations For violations. If the required corrective action is not taken within the time allowed, the county Words ^~ .... " ~ ..... ~ ............. ~,, are deleted; words underlined are added. -16- tony use any available means efenforcemcnt to secure compl~-'t TIx'sc shall include, hut not he limited Io 1he following: I. Proscculinn bcG~rc Ihc Cnllicr Cnunly C~k Enf~ ~; 2. Prosccution by thc Statc Attomcy's O~cc ~ ~vid~ by. FloHa Statutes; 3. Withholding of any permit, construction plan approval. c~ificatc of occupancy. or inspcction by Ihc county; 4. Placing a lien on the pr, pcny, to inchtic all administrative. legal. matcrial and installation costs. Sec. 2.4.4. Plant material standards and inslallation slandards. 2.4.4.1. Quality. Plant materials used to meet the requirements oflhis section shall meet the standards for Florida No. I or better, as set out in Gradcs and Standards for Nursc~ Plants, pan I and pan It, Depaament of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet statc standards. At least 75 percent of the trees and 50 pcrccnt of thc shrubs used to fulfill these requirements shall he native Southern Floridian species, as dele~ined by accepted valid scientific reference. For site~ that are north and east or U.S. Highway 41, at least 35 percent of the shrubs used Io fulfill these requirements shall be native Floridjan species, as alerefined by accepted valid scientific reference. "Native Trees and Shrubs for Collier County List" is available for reference. For proposed land development proiects on coastal shorelines an~or undeveloped and developed coaslal ba~ier islands, all required landscapin~ shall be percent native Southern Flofdian species. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall bc drought-tolerant species as listed in the Xcriscapc Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference to be used in the native dete~ination may include, but not be limited to: Long. R.W., and O. Lakcla, 1976. A Flora orTropical Florida. Small, J.K., 1933. A Manual of the Southeastern Flora. Wundcrlin. R. P., 1982. Guide to the Vascular Plants of Central Florida. Where xeric plants arc to bc utilized, use the Soulh Florida Water Management District, Xcriscapc Plant Guide (as amended) as a retrcnce. 2.4.4.2. Trees a,d Pnlms. All required new individual trees. shall be specics having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five fcct of clear wood. Tr~ adjacent to walkwa~, bike paths and ~ht-of-ways shall be maintained in a clean condition ov~ 8 feet of clear wood. Trees having an average matu~ spread or cmx~ l~s Words struck '~ ..... h are deleted; words underlined are added -17- than 20 feet may be substituted by grouping Ihc same so as to create the equivalent of 20-foot crown spread. r-~ ..... .~ ....r ,~,,__ ~r m~r: ....... ~ ......... c=neF;, .... . .......... ; .............. ~ ...... ~ For c~c-r~uir~ trc~, at lc~t 5Q pc~cnt or the tr~ at the time of installation shall he a minimum often fc~ in height, have a ~ 3/4-inch cali~ (at ~2 inches a~vc the ground) and a Four-foot spread. The r~ainin~ c~c-rcquircd Irccs, at the time of installation, shall bc at lc~t eight fcct in height, bavc a I I/Z-inch calipcr (at 12 inches ~bovc thc ~round) and a three-foot spread. ~ ~;"; ..... r~n ..... , ~t,k ..... A ~rounin~ o~ three (~) ~a]m trees will hc the equivalent oFonc (I) tree. Exceptions will hc made ~or ~oystonca spp. and Phoenix sp~ (.~o~ indudin~ roehelen!i) which .sh=Ti count One (1) palm For one (I) Palms m=y be substituted For up to ~% oF required tr~cs. Palms must have a minimum often (10') Feet .oFclcar t~nk at p)~ntin~, All new trees, including palms, shall be oF a species having an arcrage mature height o~ ] 5 ~cct or greater. 2.4.4.3. Trcc ,%~ccic~ ~ix. ~hcn mere lhan ten (] ~) trees arc required to bc planted to meet the requirements oE this Code, a mix oF ~pccics shall provided. The number oF spccics to hc planted shall va~ accordin~ to the overall number o~ trees required to he planted. ~e minimum number oF species to b¢ pla~d a~ indicated REQUIRED SPECIES MIX REQUIRED ~MBER OF MINIMUM ~MBER OF TREE~ SPECIES 11-20 21-30 31-40 41+ 2.4.4.~. Shr,bs aml hedges. Shrubs shall be a minimum of 24 inches in height above the adjacent pavement surface required to be buffered and/or screened when measured at time of planting, grown in a three-gallon container, and be spaced 18 to 36 inches on center. ~ey shall be at least 36 inches in height within 12 monlhs of time of planting and shall be maintained at a height of no less than 36 inches above the adjacent pavement required to be buffered and/or screened in peteruby, except for visibility at intersections and where pedestrian access is provided. Hedges, where required, shall be planted in double staggered rows and maintained so as to fo~ a continuous, unbroken, solid visual sc~en within a minimum of one year after time of planting. ~ere buffering and/or screening is required, shrubs shall be planted and maintained at a height as specified in section 2.4.7.4 of this code, except where street visibility is required. Double staggered rows of hedges shall be required only in type D buffers. 2.4.4~$. Grou,d covers. Ground cover shall be installed in a manner which presents a finished appearance and complete coverage. Stone, gravel, or Words ~ .... '- ~ ..... ~ ............. ~,, are deleted; worcs underlined are added. :my artificial ground covcr shall not hc ulilizcd For more than 20 pcrccnt of thc landscapcd arca. Usc or n;~tivc ground covcrs is cncouragcd. 2.4.4.f,~_. Orgttnic m,h'h rctluirrmc,t.v. A lwo-inch minimum layer a~cr watering- in of organic mulch shall be placed and maintained around all newly installed trees, shahs, and ~round covcr plantin~s. Each trcc shall have a rin~ oF organic nmlch no less than 12 inches bcyond ils trunk in all directions. No marc Ihan 25 pcrccnl hy vnlumc or Ihc mulch used on a site may hc cypress mulch. 2.4.4.6~. /,,w, ~rass. Grasscd areas shall hc plnntcd with spccics no~ally 8town in pc~ancnt lawns common to the Collicr County area. Ginssod am~ may hc sodded, plu~cd, sprinted, or sccdcd providcd solid sod shall bc used in swalcs or other areas subject to erosion and providcd runher, in arcas where othcr than solid sod or ~rass sccd is used, nu~c~rass seed shah hc sown For immediate ~round covcm~c until pc~ancnt covcra~c is achicvcd. The use ordrou~ht-tolcrant species is advised. 2.4.4.~. ,S'itc-.~cc~c ~hml malcrifll. Trccs and othcr vc~clation shall bc planled in soil and climatic conditions which arc appropriate For thcir gro~h habits. The ~=v:~G~mcnt n!annin~ sc~iccs director shall rcvicw and approvc land plans based on the rollowin~ critc~a. Rcquircd plants used in the landscapc design shall bc: 2.4.4.~.1. Appropriate to the conditions in which thcy arc Io be planted (including drought, salt and cold tolcrance). 2.4.4.~.2. Have noninvasive growth habits. 2.4.4.~.3. Encourage low maintenance. 2.4.4.~.4. Be othenvisc consistent wilh the intent of this division. 2.4.4.9. Non code trees. The followjaR plant species may be planted but shall not count towards required code lrees: 2.4.4.9. I. Eucalvntus s~D. (eucalyptus). 2.4.4.9.2 Grcvillea robusla (silk oak). 2.4.4.10. Co,trol species. The followin~ plant species shall not be planted wilhin 500 feet orconse~ation easements and retained natural vegetation areas: 2.4.4. I 0.1 Broussoneti a papyri fera {paper mulbe~) 2.4.4.102 Wedella lrilobata - {wedella). 2.4.4.81~. Prohibitedspecies. The following plant species are ~r~ki~it~ Shall not be planted: 2.4.4.811.31. Entcrolobium cycloca~um (cur tree). words struck '~ ..... ~ are deleted; words underlined are added. -19- 2.4.4.81 l.F,2. Mclia azedarach (Chinat~erry tree). 2.4.4.811.83. Bischofia javanica (bishopwood). 2.4.4.811.~),4. Scacvola Crutesccns tAustralian inkberry). '~ .q t 1~ Ifl C,,-,,,.,; .......;_; I I..,,,, 2.4.4.811.4-35. Dalbergia sissoo (Indian rosewood). 2.4.!.~q.!~.. r: ....t ..........~ .....~ ........ 2,4.4.] l.~. ~apium schife~m (C~inese talbw tree). 2.4.4.11.7. Ardisia clliptica (shoe button ardisia). This list shall be subject 1o revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or !he public wel fare. 2.4.4.91.~2. Prohibited exotic species. In addition to the prohibitions outlined in section 2.4.4.811, the following species or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. 2.4.43) !--2. !. Melaleuca spp. (punk tree). 2.4.4.O1-2.2. Schinus terebinthifolius (Brazilian pepper). 2.4.4.~1-2.3. Any member of the family Casuarinacaeae (Australian pine). 2.4.4.q I-2.4. Rhodomyrtus tomenlosus (downy rosemyrtle). 2.4.4.12.5. Dioscorea bulbifera (air potato). 2.4.4.12.6. Colubrina asiatica {lather leaf). 2.4.4.12.7. Lvgodium spp. (c!imbintt fem)~ 2.4.4.12.8. SVzyKium cumini (Java plum}. 2.4.4.12.9. Mimosa pigra (catclaw mimosa). 2.4.4.12.10. Acacia auriculiformis (earleaf acacia). 2.4.4.12.1 I. Albizia lebbeck (Women's tongue). 2.4.4.12.12. Ficus microearpa (laurel fig), 2.4.4.t-01--3. Existing phmt material. In meeting the requirements of landscaping, the a .... t ...... planning services director may permit the use of healthy native plant material existing on-site. In so doing, the ~e;'ebFmen: planning services director may adjust the application of the standards of these regulations to allow credit for such existing plant material, provided, he may not permit the reduction of required percentages of a landscaped area or reduction in numbers of Irces or shrubs required, unless otherwise allowed pursuant to section 2.4.4. I1. Removal of vegetation is subject to the vegetation removal, protection, and preservation section (division 3.9). Words ctruck '~ ..... ~ are deleted; words underlined are added All ncw dcvclopmcnt shall rctain cxisting native vegetation to thc maximum extent possible. Existing native vegetation shah bc retained tillleSS slorn~walcr Itl;Inagcnlcnl design. necessary grade changes, required infrastructure or upprovcd construction ~ootpdnts necessitate its rcmoval. The nccd to remove existing vegetation shatl bc demonstrated by the applicant as a par oF the sitc/constmction plan rcvicw proccss. Areas o~ rctaincd vc~clalinn sh:tli hc prcsc~'cd in thcir cntircly wilh ~II trccs, un:Icrsto~, and ~round covers Ic~ intact and undisturbcd provided that prohibited exotic plant materials as dc~ncd hcrcin arc to bc rcmovcd. Durin~ const~ction, all reasonable steps ncccssa~ Io prcvcnt the dcstruclion or d;.na~i,~ oF cxisfin~ vegetation shall hc taken. No excess soil, additional fill, cquipmcnt, liquids, or construction debris sh~li bc placed within the dripline oF any vegetation that is required to be prcsc~cd, or that will hc crcdilcd towards the required landscaping. Protcctivc ba~icrs shall hc installed and maintained beyond the dripline o~ all rctaincd vc~ctation unless sitc impmvcmcnts prohihil inslallalion oF h~nicrs beyond !he dripline, ~nd sh~ll remain in phcc For the duration oF the construction proccss phase. 2.4.4.~14. Trcc ~rc3c~adon credits. Existing Irccs may bc credited Iowards meeting Ihc miuimum Ircc planting requirements according to the Fo~ula in table 2.4.4. Fractional measurements shall bc attributed to the next lower categoS. TABLE 2.4.4. CALCULATION OF TREE PRESERVATION CREDITS E'~istin~ Crov. n Diameter of Tree Spread or 4.5 Feet Above Number of Preserved Trees or Natural Grade - Tree ('r~di~. 50 feel or treatcr or 2h inche~ or gnalrr - ~.~. 40 to 49 fee! or 20 to 25 inch~, 30 to 39 feet or 13 to 19 inches - 20 ~o 29 feet or g to 12 inche~ = ~11._~* I0 to 19 feet or 2 to 7 ,nc~ - Less ~an I0 ~eet or I I/2 to 2 inc~ *Credited against equivalent required ~ee only. 2.4.4.glj. Trees exchMed from presen'ation credit. No credit shall be given for prese~ed trees which: 2.4.4.4415.1. Arc not located within the areas of the property for which trees are required by the code; 2.4.4.4415.2. Are located in required natural preservation areas indicated on an approved master land use plan, site development plan or plat; 2.4.4.4415.3. Are required to be preserved by federal, state or local law, such as mangroves; 2.4.4.4415.4. Arc not properly protected from damage during the construction process, as provided in section 2.4.4.10; 2.4.4.4415.5. Arc prohibited species identified in scction 2.4.4.8; 2.4.4.4415.6. Arc dead, dying, diseased, or infcstcd with harmful insccts; Words struck ~ ..... ~ are deleted; words underlined are added -21- 2.4.4.14lj.7. Arc located in recreation tracts, golf courses or similar subareas within planned developments which .qre not intended 1o be developed for residential, commercial or industrial use (unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer easement); or 2.4.4.-!~15.8. Are not located within the boundaries of the parcel. L4.4.4-~ 1...~6. Safe sight dista.ce tria,gles tit intersection a.d access points. {Refer to FiRure I, Si~4ht Distance Trian~,.Ics} Where an accessway intersects a right-of-way or when a properly abuts the intersection of two or more rights-of-way, a minimum safe sight distance triangular area shall be established. Within this area. vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and eight feet above the crown of lhe adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportalion's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways (DOT Green Book) where appropriale. Where an accessway enters a right-of-way, two safe distance triangles shall be created diagonally across from each other on bolh sides of the accessway. Two sides of the triangle shall extend ten feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends of the other two sides. Words struck ~ ..... "are deleted; words underlined are added. -22- Whcrc a propcrty abuts Ihc intcrscction or two rights-or-way, a safe elistance triangle shall bc created. Two sides of the Irianglc shall cxtcnd 25 fact along the abutting; right-of-way lines, mcasurcd from the point of intersection. The third side or thc tri;nBIc shall hc a line conncctinB the ends or thc othcr two sides. FIGURE 1: SIGHT DISTAl'ICE TRIANGL,~.~ Sireat Pnvement , 10' -~ :~ 10' :'J I I I I I I f Accessway i Right. Of Way I WcI',< ,~.,~.~~ ( rap. Line) P LandsasiDe .- ~ Bu far · ... ....~. ..: i · ,~,~,,~r~.~,~ I Trion Cross ~sab;T;ty ..... t (Shaded Areas) Pork;n9 or Other Vehlculot Use AreO I I Street S ale I Extensior~s of Rk;hts 25' Tr;ongles of Requlree4~ Pcrklng or Other Veh;culor Use tea ' * 2.4.4.17. ~Yi£na~,e located within/ad/acent to LandsCape BujTer r~rea. All trees and shrubs located within landscape buffer shall be located so as not to block view of signage as shown in Figure 2, Signage Adjacent to Landscape Btfff'er. Where specimen trees exist, the .signage setback location may be administratively reduced per the requirements of Division 2.5. Code required plantings shall progress in height away from the street. Words struck through are deleted; words und~r~ined are added. -23- FIGURE 2: S~GNAGE ADJACENT TO LANDSCAPE BUFFER 2.4.4.4418. Landscape herms. All perimeter landscape bcrms over two Feet in height shall mcct or cxcccd the minimum standards as set Forth hcrcin. All grasscd bcrms shall have side slopes no grcater than Four to one. Berrns planted with ground cover and landscaping shall have side slopes no greater than three to one. The toc of the slope shall bc set back a minimum offire Feet From the edge orall right-of-way and property lines. Existing native vegetation shall be incorporated into the bcrms with all slopes Fully stabilized and landscaped with trecs, shrubs, and ground cover. Landscape bcrms shall not bc placed within casements wi[hout written approval From all entities claiming an interest under said casement. Sec. 2.4.5. Minimum landscaplng required for vehicular use areas. 2.4.5.1 ,qpl~licabi/ity. 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 bc brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except For rcstriping of lots/drives, the building square footage is changed, or Ihe structure has bccn 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 or single-Family, two-Family, and mobile home dwelling units, and dwellings on individually platted lots. Any appeal From an administrative determination relating to these regulations shall bc [o Ihc board orzoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall bc required. Where a conflict exists between the strict application of this division and Ihc requirements for the number of ofT-street parking spaces or area of off- street loading Facilities, the requirements oFIhis division shall apply. 2.4.5.2. Lamlscaping required in interior o.[ ve/ricu/ar use areas. At least ten percent of the amount of vehicular use area on-site shall bc devoted to interior landscaping areas. The width or all curbing shall be excluded From the required landscaped areas. All interior landscaped areas not Words ~truek ,4 ..... ~ are deleted; words underlined are added -24 - dcdicatcd to trees or Io prcscn'ation of cxisting vcgctntion shall bc landscaped wiffi grass, ground cover, shrubs or other landscape Ircalmcnl. One trcc shall bc provided For every 250 square fcct of required interior landscaped arca. Interior landscaped areas shall bca minimum of' five rcct in width and 150 square Fcct in area. Thc amount or required interior landscape area provided shall bc shown on all preliminary anti final landscape plans. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a rcquircd landscapcd island which shall incasure inside the curb not less than cight rcct in widlh and at Icast eight rcct in length and at least !00 square fcct in area. At least onc tree shall be planted in cach island. Thcsc islands sh;tl] not bc uscd as rctcntion areas or as swalcs. Landscape islands for compact car parking areas shall be at least seven fcct in width and at lea.,;t tO0 square rcct in arca. Thcsc tree rcquircmcnts shall hc met with existing nativc Irccs whenever such trees are located within the parking arca and may bc rcasibly incorporated into the landscaping. Where ¢xistin~ trees arc retained in landscape islands, the amount of par.king spaces in that row may bc increased to I i~t:nce ~.E:H A parking stall bc n._9o Farther Ihan 50 rcct from a tree, measured to the trcc trunk, Intcrior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to providc adequate shading of the paved :trca. Perimeter landscaping shall not bc crcdhcd toward interior landscaping. Interior landscaping areas shall bc provided within the interior or all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structurcs. Interior ]andscaping areas shall meet the requirements of division 2.4.3.5, 2.4.3.6, and 2.4.3.7. Alternative designs may be approved that achieve equivalent results sub.~cct to approval by the" .... ' ...... planning services director. 2.4.5.3. i/c/tictt[ar ovcrl~a,g of lantlscapc areas. The Front or a vchiclc may overhang any landscaped area a maximum of two feet, provided the landscaped nrca is protected by motor vehicle wheel stops or curbing. Two fcct of such landscaped area or walkway may bc part of the required depth of each abutting parking spaces. Walkways shall bca minimum of five Fcct in width ira vehicle is to overhang the walkway. 2.4.5.4. Green space rcqtt/red in s/lopping centers aml frecstamling retail cslal~lisltments widt fliToar area greater l/tan 40,000 sqttarc fcet. An area that is at least seven percent of the size of the vehicular usc areas shall bc developed as green space within the Front yard(s) or courtyards of shopping centers and retail cstablishmcnts and shall bc in addition to the building perimeter planting area requirements. The courlyards shall only bc located in areas that arc likely to bc used by pedestrians visiting Ihc shopping center and retail establishment. The seven percent green space arca shall bc in addition to other landscaping requirements of this division, an4 may bc uscd to mcct the open space requirements (section 2.6.3.2), and shall be labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of these projects shall be reduced to an amount equal to five percent of the vehicular use area on sitc. Grccn space shall bc considered areas dcsigncd For cnvironmcntal, scenic or noncommercial recreation purposes and shall be pedestrian-fricndly and aesthetically appealing. Green space may only include the Following: Words ...... ~- '~ ..... ~ ............. =,, are deleted; words ~nderlined are added. lawns, nmlch. dccorutivc plantjags, nonprohibhcd exotic trees, walkways within the interior of the green space area nol used for shopping. Fountains, manmade watercourses (but not water retention arcas), wooded areas, park benches, silo lighling. sculptures, gazcbos, and any olhcr similar items that the fle;'e!oF..-,en: planning services director deems appropriate. Green space shall include: walkways within the interior of Ihc grecn space area nol used For shopping, a minimum of one root orpark bench per },{]{)(} square Feel of buihling area, and a minimum of one tree For each 250 squarc feet of green space area. The green spacc area shall use existing trees where possible and landscaping crcdils will be allowed as governed by table 2.4.4, The green space areas shall be located in are~ Ihal are in close proximity to Ihe relail shopping area. Benches may also be located in interior landscaped areas and 75 pe~ent or benches may be Ioca~cd adjacent to the building envelope along paths, walkways and within arcades or malls. See. 2.4.6. Minimum l,andscaping requirements. Landscaping for all new development, including single-family, two-family, multifamily and mobile homc dwelling units, shall include, at a minimum. the number or trees set ro~h below. Arcas dedicated as prosexes and consolation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may bc credited to mcct these requirements pursuant [o subscctlon 2,4.4.l 1. Trees shall meet the requirements of section 2.4.4.2. Existing residential dcvclopmcnt Ihat does not mcct Ihc minimum landscaping requirements or this codc shall bc required to install the required landscaping before a cc~i~catc oroccupancy is granted for any improvements to the propcRy, 2.4.6.1. Residential (::0= =:;:hbra:;riD9 developments. One canopy tree per 3,~ square feet of lot area, or two canopy trees per lot, whichcver is greater, with the maximum number required: 15 trees per lot. 2.4.6.2. r.../ .....;,.l .....I ..........:.1 ,I ....I ........~ ......... . ...... c ~n Mzdt~m~ilF d~'Clo~mCnts. One canopy tree p~ 2,~ ~uare feet or pcn, ious site area excluding prcscwcs. ~is is in addition Io other requirements. 2.4.6.3~. ]fidustrial and commercicd del,elo~ments. One canopy trccper 3,000 ~qua.rc Fcct of pc~ious site area, or one. cBnopy Irec per lot, whichever is greater. 2.4.6.~. Liuoral zone picturing. All developments that create lake areas shall provide littoral zone planrings or emergent, aquatic vegetation in ...... b.,;~.~ Section 3.5.7.2.5. 2.4.6~5~ Buihling perimeter phmtings. All shopping center, retail, o~ce, apaRments, condominiu~s, Chubhouses and similar uses shall provide building perimcter planlings in the amount of ~ IO~ square feet per 1,000 square feet of proposed building grc; grOUnd level floor area. These planting areas shall be located adjacent to the building and shall consist of landscape areas, raised planters or planter boxes that are a minimum of 5 Feet wide. Water management areas shall not bca par of this 5 Foot planting area. See. 2.4.7 Minimum landscape buffering and screening between uses. words struck th ..... ~ are deleted; words underlined are added -26- 2.4.7.1. P, rl~osc a,,d #'nfcnt. The purpose and intcnt of establishing landscape buffering and screening is In.' a_.). reduce the potential incompatibility of adjacent land uscsr..; b_} conserve natural resources and maintain open spaccT i ~ protect established residential neighborhoods, and enhance community ;dcntityL .- !n ~dditicn, :h--' Fu.'Tc:~ =.-.d 5nt.-nt cf thk-. d} improve the aesthetic appearance of commercial, industrial, and rcsidcntia] dcvc]opmcms through the requirement of minimum landscapin~ in ways that harmonize the natura] and built environment; c) promote preservation and planting of native plants and plant communities; .Q provide physical and psychological benefits to persons through landscaping by reducing noise and Blare; ~ ~J scrccni,,~ and huffcr~ the harsher visual aspects or urban development; h} improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation or canopy trees and the creation of shade and microclimate; i) reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; nP, d i} promote water conservation by encouraging thc use of native and drought-tolerant vcgctation and properly zoned irrigation systems through xcriscape. In order to minimize negative effects bctwccn adjacent land uses, this division promotes the use of landscape buffers and screens to eliminate or minimizc potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. Buffering refers to a strip of land separating adjacent !and uses, whereas screening refers to fences, walls, herins, trees, shrubs, or a combination of these screening devices on the buffer strip. 2.4.7.2. /f/~/~/ic~bi/iO,. The buffering and scrccning shown in table 2.5.2.._.~4 shall bc required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall bc 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 there has been a discontinuance of use for a period of 90 consecutive days or more and a request for an occupational license to resume business is made. Where a proper~y adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this code, or (3) developed without the buffering and screening required pursuant to this code, the proposed use shall be required to install the more opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4. the proposed use shall install a type A buffer. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this code. Words struck ~ ..... ~ are deleted; words underlined are added -27- the de~ pl;Innins4 services director may waive tile planting rcquiremcnls of Ibis section, Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts wilhout Ihc mandatory crcution oFscparat~ tracts. If buffering and landscaping is to located on a lot, it shall bc shown as an casement for buffering and landscaping. Thc huffcring and scrccning prnvisinns of this codc shall be applicable at thc timc orplanncd unit devclopmcnt (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation or the buffering and screening required pursuant to section 2.4.3.5. Where a more intensive land use is dcvclopcd contiguous Io a properly within a similar zoning district, the de-va~m¢~', planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screcning standards within any planned unit development shall conform to the minimum buffcling and screening standards of the zoning district to which it most closely resembles. The dc':e,~e.~,',e,".', planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professionally acceptable standards to bc equivalent to or in excess oFthc intent of this code. 2.4.7.3. Stu#ulards. Unless otherwise noted, all standards out[ined in section 2.4.4 shall apply. Trees and shrubs shall be installed at the height specified in section 2.4.4.2. Water management systems, which shall include retention and dctcntion areas, swales, and subsurface installations, shall bc permitted within a required buffer provided they arc consistent with accepted engineering and landscaping practice and the following criteria: I. Water management systems shall not exceed 50 percent or the square rootage or any required side, rear, or front yard landscape buffer. 2. Water management systems shah not exceed, at any location within the required side, rear, or Front yard landscape buffer, 70 percent of the required buffer width. A minimum 5 fool wide level planting area shall be maintained where trees and hedges are required. 3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: a. Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade. b. For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than percent of the required side and rear yard buffers. A level planting area of at least three feet in width shah be provided in these buffers. words struck t,hroug,% are deleted; words underlined are added. 4._:. Sidewalks and other impervious areas shall not occupy any part of a required Alternative A, B, C, or D type buffer, cxceot when: a. Driveways and sidewalks are constructed pcrpcndicu|ar to the buffer and pr.qvitfing provide direct access to the parcel b_,. Parallel meandering sidewalks occupy the buffer and ils width is increased by the equivalent sidewalk .width., c_. A required 15-20 foot wide buffer is reduced to a minimum of 10 feet ,.vide and iS increased by the 5-10 fool equivalent width elsewhere along that buffer. 2.4.7.4. T~7~es of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in hcighl, which may include a wall, fence. hedge, berm or combination Ihercor, including trees spaced no more than 25 feet on center. When planting a hedge, it shall bc a minimum of I('1 gallon plants i5 Feet in height, 3 .feet in. spread and Spaced a minimum 4 feet on center at planting. Alternative C: Twenty-fool-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or herre, or combination Ihereof and two staggered rows of trees spaced no more lhan 30 Feet on center. Alternative D: A landscape buffer shall be required adjacent to any road right-or-way, external to the development project. The minimum width of the perimeter landscape buffer shah vary according to the ultimale width of the abutting right-of-way. Where the ultimate width orlhe fight-or-way is zero to 99 reel, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate v,'idth of the right-of-way is IO0 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 Feet in width regardless or the width of the right. or-way. Activity center right-of-way buffer requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way. A hedge of at least 24 inches in height at the time of planting .and attaining a minimum of 3 feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of- way, pursuant to section 2.4.4.3. The remaining area of the landscape buffer shall consist or existing native vegetation, grass, ground cover, or other landscape treatment. Landscaping within a fight-of-~vay shall not be applied to meet the provisions of this code. Every effort should be made to retain and incorporate the existing native vegetation in these areas. Words ...... '- ~ ..... ~ ............. ~,, are deleted; words underlined are added. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacenl I'ropenics l)istncl F,.hjcct District/Use I 2 .t 4 I. A~rScullurc(Ail · I! It B IIIt A A A A D A 2. Rcsidcntial if{. R.%Ft smile-family A A II II II B B C B · D B ' 3. Residential RMF-I 2. RMF-I 6) ~l- lifamily A 4 Residential tourist 5. Villa[efestd~tial(VR) A A[l flA[~ B B B * D II - 6 Mobileho~fMII) A II IIIIII AIIB [I * I) IIII 1. Com~ial~ (C-I, C'-I~, C-2. C-3, C~. Business Park CBP) A B B D B B A A A g. Indusl~al~(I) A C B B B B A Az A * [) B B 9. Public u~ ~P), unicyfaeility(CF). A GolfCour~ Club~ug 10. H~nned unit devel~p- I I.Vehicularn[hls~f-way D D D D D D D D 12. Golfcou~minlenance ~ B B B B B B B B B B A B buildinK 13. Golfcou~ ~e letter listed under "Adjacent Prope~ies District" shall ~ the landsca~ buffer and screening aRomatire required. ~e "-" s)~l shall r~resenl ~at no buffer is requital. ~e PUD dispel buffer, due symbol. and shall be based on the landscape buffer and ~reening of ~e dis~ct or use wi~h the most similar ~es, densities and intensities of use. ~ere a conflict exists bctween the buffering requiremenls and the yard requirements of this code, Ihe yard requirements of the subject zoning district shall apply. ~Buffering in agriculture (A) districB shall be a~[icable at the time of site development plan (SDP) submittal. ~lndustrial (D zoned propony, where abutting industrial (l) zoned prope~, shall required 1o install a minimum ~ve-f~t-wide ~ A landsca~ buffer adjacent to the side and rear prope~ lines. ~is area shall not ~ used for water management. In add lion, [rees may be reduced to 50 feet on center along rear and side ~meter buffen only. ~is reduction in buffer width shall not apply to buffen adjacent Io vehicular fighis-of- way or nonindustrial zoned prope~. ~Buffer areas between commercial outparcels localed within a shopping center may ~ a shared 10' wide. ~is does not apply to right-of-way buffers. SUBSECTION 3. E: AMENDMENTS TO THE SUPPLEMENTAL DIST~CT REGULATIONS DIVISION Division 2.6, Supplemental DistHor Regulations, of Ordinance No. 91-102, as amended, Ihe Co[lier County Land Development Code, is hereby amended to read ~ follows: Words struck ~ ..... ~ are deleted; words underlined are added. Division 2.6 Supplemental District Regulations 2.6.2.2. ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE LOTS Setbacks Structure to Front Rear Side Structure(if detached) 4. Swimming pool and/or screen enclosure (one and two-family) SPS l0 feet* SPS N *20 feet where swimming pool decks exceed 4 feet in height .above top of .seawall or top of bank. 12. Attached Screen Porch SPS 10 feet*_ SPS SPS *:~0 fe~ where floor or deck of porch ¢.x. ce. ed.s. 4..feet in height above top Of seawall or top of bank. 2.6.7. Parking and Storage of Certain Vehicles. 2.6.7.3. Parking of commercial vehicles or commercial eqttipment in residential areas. 2.6.7.3.1. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: (I) The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. (2) The vehicle and/or equipment is parked in a garagev cm"'per:, or fully enclosed structure or carport which is structurally or vegetativeIy screened and cannot be seen from a.~[iacent properties or the street serving the lot. (3) The vehicle is parked in the rear of/he main structure and is enclosed within a vegetative screening which conceals the vehic]e from the view of neighbors. (4) Automobiles; passenger type vans; and pickup trucks.~ having a rated load capacity of one ton or less: ..all .ofwhich do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet i.n.I.e. ngth shall be exempted from this section unless otherwise prohibited by a special parking overlay district. (5) Exempted from this ~ectio~ is small commercial equipment Such as ladderS and pipes which cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed twelve f! 2) inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not cxten.d beyond the length, height Or width of the vehicle. words otruck through are deleted; words uDderlined are added. -31- SUBSECTION 3.F: ADDITION OF ARCIIITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES Article 2, Zoning, of Ordinance No. 91-I02, as amended, the Collier County Land Development Code, is hereby amended to add Division 2.8. to read as follows: DIVISION2.8. ARCtlITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS 2.8.1. Purpose and Intent. The purpose of these standards and guidelines is to Supplement existing development criteria with specific criteria that apply to the design of commercial buildings and proiects. Commercial devel0pm. enlg depends on high visibility from maior public streets. In turn, their design of buildingfs) and site determines much of the image and attractiveness of streetscapes and character of a community, Massive and/or generic developments that d0 not contribute to, or integrate with, the community in a positive manner can be detrimental to a communi_ty's image. and sense of placer. The goal is to create and maintain a positive arabianee and strong CommUnity image and identity bY providing for arChitectUral and site de~ilm treatments which will enhance the visual appearance of commercial development in Collier County, while still providing for design flexibility, These standards iar.e intended to enhance the quality of life in Collier County. The prominent styles of architecture in Collier County include: a blend of Spanish Mediterranean with barrel tile roofs, stucco facades, arches and wood accent members used as typical details; Florida Cracker style. which includes metal roofs and covered porches; and Bermuda/Island Regency which includes white tile roofs with stucco facades and quoins used as typical details, W.hile no particular style of architecture is prohibited herein, the above referenced individual styles, and the interpretation or blending of characteristics associated with these styles are encouraged, These standards and guidelines incorporate a basic level of architectural design with site design features which incorporate safe and convenient vehicular use areas and pedestrian ways, and landscape. lighting and signage treatments intended to resuR in a comprehensive plan for building design and site development consistent with the goals, policies and obiectives of the Collier County Growth Management Plan and the purpose and intent of this code. These regulations are intended to promote the use of Crime prevention Through Environmental Design (C.P.T.E.D.) principals including: visibility - visibility for law enforcement and other people in the area; natural surveillance - placing areas of activity where they can be seen by law enforcement and the public; and , defensible space - designing areas which people will take as their own and not be willing to relinquish this space other undesirable activities. 2.8.2. __ Applicability. Provisions of this division are applicable in all commercial zoning districts, commercial components of PUD districts and DRIs, and business park districts as provided below: words struck '~ ..... ~ are deleted; words underlined are added. -32- 2.8.2.1 Renm'atinns and Redevelopmeat: In the case or addilions or renovations Io, or redevelopmeat or, an existing building.or .project, wherC..lhe...cost or such addition, renovation, or redevelopmeat exceeds fifty (50) percent or the value or the existing structure(s), or twenty {20) percent nf the square foolage of {he existing structureS, the provisions of this division shall apply, 2.8.2.2. Distantlaureate: The provisions of section 1.8.3.3. of this code dn not apply.tO the provisions of section 2.8. which require structural alterations and are superseded by Ihc following. Where the use of a structure ceases for any reason, except where. governmental actinn imps.des access tn the premise~, for a pericx.l of more than three hundred and sixty-five consecutive days, the provisions of this code which may require structural aberations shall be adhered to prior to re- o.c. cupancy of the structure. With respect to vehicular use and required landscape. areas, the provisions of this section shall apply where the use of a structure ceases for any reason, except where governmental action impedes access to the premises, for a period of more than one hundred and eighty consecutive days. 2.8.2.3. Required Site Development or Improvemen! Piere. Compliance with the standards set forth in this division shall be demonstrated by submittal of architectural drawings and a site dcvch~pmcnt p{an or site improvement plan in accordance with division 3.3 of this code. 2.8.2.4. lljustmtion.~: Iljustrations provided in division ~.8. arc intended to provide a graDhie example of a specific provision or provision.~ set forth heroin, Variations from these iljustrations which n. onetheless adhere to the provisions of this division, are encouraged. 2.8.3. Architectural and site design standards and guidelines for commercial buildings and proiects with a gross buildins area of twenty-thousand (20,000) square feet or larger. Compliance with the standards set forth in this section shall be demonstrated by submittal of architectural drawings and a site development plan in accordance with division 3.3 of this code. 2.8.3.1. Off street parking design. As provided for in division 2.3, and .subject to the following provisions: 2.8.3.1.2. Purpose atrd Intent. Commercial buildings and projects, including their outparcels shall be designed to provide safe, convenient, and efficient access for pedestrians and vehicles. Parking shall be designed in a consistent and coordinated manner for the entire site. The parking area shall be integrated and designed so as to enhance the visual appearance of the community. 2.8.3.1.3. Design Sta,dards. Parking, utilizing the Same degree of angle,.. shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation. A single bay of parking provided along .the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site. The mixture of one-way and two-way. parking aisles, or differer., degrees of angled parking within .any.parking area is prohibited, except as noted above, or where individual parking areas are physically separated from one another by a continuous landscape buffer, a minimum...fiv¢ {5) feet in width with limited access (See Iljustrations I & 2 below). words struck through are deleted; words under~ined are added. [lhL~lrulion I qcP Z- HAy ~-~ Don'T Iljustration 2.8.3.1.4. Parkin~ for Single Use Pro/eels. Single use projects shall be designed to adhere to the following standards: a) Interior lots. No more than fifty (50) percent of the 0ff-.street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway, or where no parking is provided between a primary facade and an abutting right-of-way or nav, igahle watenvay, then the minimum set back from the right-of-way shall he a minimum of forty (40) feet. (see Iljustration 3 below). words ~truck throuc~h are deleted; words underlined are added. -34- !ljustrallon 3 Corner lots. No more than ci~htv (80).perC{;nt of the off-street parkin_~ for the entire commercial building or project shall be located between ,any primary facade of the commercial building or project and the abutting street or navigable waterway area, with no single side to .contain more than sixty-five (65) percent or the required parking, or where no parking is provided between a primary facade and an abutting right-of- WaY or navigable waterway, then the minimum set back from the right- of-way shall be a minimum of for~y ('40) feet. (See Iljustration 4 below}. Words $truck '~ ..... ~ are deleted; words ..underlined are added. 2.8.3.1.5. Parkin.~ Strttctttre Standards: A minimum of sixty (60) percent of any primary facade of a parking structure or covered parking facility shall incorporate. two of the following (see Iljustration 5 below for examples): a) transparent windows, with clear or ligh!ly.-tint.ed glass, where perlesir;art oriented businesses are located along the fa. cade of the parking structure; b) display windows; c) decorative metal grille-work or similar detailing which provides texture and partially and/or fully covers the parking structure opening(s); 'dords z~.:':.:clr. ~'~ ..... ~- are delet:edt words underlined are added. d) art ~r architcclural trcalmcnt such as sculpture, mosaic, glass ~p'.aquc art glass, n;lief work, or similar features; ~r, c) vertical trellis or other landscaping or pedestrian plaza arca~ c. - Oecole.,%TIV e: At. CNrr~ef./'ue.4L t~tlu..t t,..~o/'z.K f~tEA? M~T Illusfralion 5 2.8.3.2.. Ijghting 2.8.3.2.1 Pttrpose and bttent. Commercial buildings.. and projects, including their outparcels shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire. site, The lighting and lighting fix~ure.s shall be integrated and designed sO as to enhance the vilSual impact of the proiect on the community. 2,8.~.2.2, Shiel(iing ,ftandards. LiEhtinE shal! b~ .desiened f,o ~ to prevent dintel glare, light shillage and hazardous interference with automotive and _ocdestrlan Iraffic ~n adjacent streets and all adjacent properties. 2.8.3.2.3. F/xtttre height start(tar(Is. Lighting fix. lures. shall be a maximum of Ihirty ('30) feet in height within the parking lot and shall be a maximum of fifteen (15) feet in height within non-vehicular pedestrian areas (see Iljustration 6 below). ',qords cr.r~c}; ~.hrG~h are de:].et:ed; words under3.~-ned are added. -37- !lht~ratlon 6 2.8.3.2.4. Design standards, Lighting shall be used to .acCent key architectural elements and/or to emphasize landscape features. Light fixtures shall be designed as an integral desiSln element that complements the design of the project through style, material or color. 2.8.3.3.. Loadinc. storage, mechanical equipment, solid waste disposal fa¢ilitlCs and ~thrr f, rrv~e fundlon areat 2.8.3.3.1. Purpose and Intent. To diminish, in a safe manner, the visual impacts of service functions that may detract or have a negative impact on the streetscape, landscape and/or the overall community image. 2.8.3.3.2. BulTering and screening standards. In accordance with the provisions of division 2.6. of this code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, truck parking. recycling, roof top equipment and other service function areas shall be fully screened and out of view from adiacent properties at ground view level when located along primary facades or within view of residentially zoned properties. 2.8.3.3.3. Materials and design standards. Screening material and design shall be consistent with design treatments of the primary facades of the commercial building or project and the landscape plan. 2.8.3.3.4. Drive-through window standards. Drive-through windows and lanes shall be designed to adhere to the following standards: I. Drive-through windows shall not be placed between the right-of-way of a primary collector or arterial roadway and the assOciated building, unless the vegetation required for a Type "B" landscape buffer is installed within the buffer width required for the proiect and maintained along the entire length of the drive-through lane between the drive-through lane and the adjacent right-of-way. As an alternative to the vegetative buffer referenced above, a permanent covered porte- cochere type structure, other than awning/canvas type structure(s), may be installed extending the .Width of the drive-through Words struck '~ ..... ~ are deleted; words underlined are added and covering the service window(s). Such slructure shall he integrated structurally and architecturally into the design of the building. 2. Only a single drivcqhrough lane is permitted unless associated with a free standing restaurant under fifteen hundred (I,500) square feet which may utilize double drive-through lanes. Where double drive-through lanes arc provided, an area Iocaled between the drive-ffirough lane and the hullcling, averaging five (:5) fcct in width and equal to a minimum of twenty (20) percent of the aggregate linear fi~ntagc of the hulldinR envelope shall he landscaped with trees, palms, shrubs and groundcovers, excluding grass. 2.8.3.4. Pedestrian Walkwa~,'s 2.8.3.4.1. Purpose and iraeat. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle p!'.hways within the county and to provide safe passage from the public right-of- way m the commercial building or projt.x:t, and between alternative modes of transportation. 2.8.3.4.2. Pedestrian access standard.t Pedestrian ways, linkages and paths shall be provided from the building entry(s) m surrounding streets, external sidewalks, and outparcels. Pedestrian ways Shall be designed to provide access between parking areas and the building entrance(s) in a Coordinated and saf¢ manner, Pedestrian ways may be incorporated within a required landscape perimeter buffer, provided said buffer is not less than ten (I0) feet in width on average, Shared pedestrian walkways are encouraged between adjacent commercial projects. 2.8.3.4.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a project, excluding ingress and egress points intended primarily for service, delivery or employee vehicles. 2.8.3.4.4. Minimum dimensions. Pedestrian walkways shall be a minimum of five (5) feel wide. 2.8.3.4.5. Materials. Pedestrian walkways shall be consistent with the provisions of section 4.5 of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete. 2.8.3.4.6. Pedestrian cross~twlks at buiMing perimeter. Building perimeter crosswalks shall be designed and coordinated to move people safely to and from buildin~ and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings. 2.8.3.4.7. Shade. Pedestrian walkways shall provide intermittent shaded areas when walkway exceeds one-hundred (100) linear feet in length at a ratio of one hundred (100) square feet of shaded area per every one-hundred (I00) linear feet of walkway. 2.8.3.5. Building Design. 2.8.3.5.1. Purpose and intent. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community. Buildings shall have architectural features and patterns that provide visual interest from ~he perspective of the pedestrian; reduce masslog aesthetic; recognize local character, and be site responsive. Facades shall be designed to reduce the Words struck tkrcu~h are deleted; words Underlined are added. -39- masS/scale and uniform monolithic appearance of large unadorned walls, whilr providing visual interest Ihat will hc consistent with the community's identity and character through the use of detail and scale. Articulation is accomplished hy varying Ihc huildin~. mass in height and width so Ihat it appears to N~ divided into distinct massing elements and details Ihat can he perceived al the scale of the pedestrian (see lljustration 7 below). Corner lots at an intersection nf two or more arterial or collector roads shall N. desip.,ned to emphasize their location. Buildings and structures on corner lots shall he alesiC;ned with additional architectural cmhellishments, such as corner towers, or other such design features, to emphasize their location as gateways and transition points within Ihe community! .E. LLVAT~_q. ELEv PLAI',.J NJcn"T'H,6 Iljustration 7 2.8.3.5.2. Bulldine Orientation Standards. Facades/elevations that are adjacent to an arterial or collector street, or a navigable waterway, shall have either windows along no less than fifty (50) percent of their horizontal length or a prima_ry customer entrance alon~; said facades. Additional entrances and windows facin[, additional abutting public streets, navigable waterways, or adjacent buildings are encouraged. Buildine;s shall be oriented to maximize pedestrian access, use and view of any adiacent navigable water bodies. Words struck ~ ..... ~ ...... ~. are deleted; words underline__dare added. 2.8.3.5.3. Facade/Wall tteight TranSition, New developmeals that..are located within thre~'- hundred (300) feel of an existing building, .and are more than twice the heigh! of any existing building wilhin three-hundred (300) feet shall provide transitional massing elements m transition hetween Ihe exisling buildings of lower height wilhin three-hundred (300) feet, and !he proposed development. The transitional massine clement can be no me,re Ih;,n .no hundred (IO0) percent taller Ih:sn the average height of the adiacent buildings (see lljustralion 8 below). 2.8.3.5.4. Facade standard. All primary facades of a building shall be designed with consistent architectural style, detail and trim features. In the case of oUtparcel building:s, all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary_ facades~ 2.8.3.5.5. Massi. g standards. Exterior facades shall be designed to employ the following design treatments on the ground floor: I.) No horizontal length or uninterrupted curve of.a building facade shall exceed one-hundred (100) linear feet. For arcaded facades, no horizontal length or uninterrupted curve of the dreaded facade shall exceed one-hundred and twenty (120) feet, hut varied lengths are desirable. Projections and recesses shall have a minimum depth of three (3) feet with twenty-five (25) percent of these having a varied length with a minimum differential of one (I) foot (See Iljustration 9 below). Words struck ~ ..... ~ are deleted; words underlined are added -41- llh~ration 9 2 Exterior wall lans hal ot c seonti~te mr th n six 60 rcent f eac aft cted round oor acade h wall lane shal be measur at one ~ wal.rs~e on ach si o wal ~ar facade on th round floor ..shall have features alona minimum ~ft 0 e c n ' or' oft I en the t id Th se f tu 'nc[ude b t~uare not I'mited t ' arcatde asi jmnmu f ' ht 8 ee el ar ~ windows- nt areas' r t c i n el nt Awnines are excluded from thi calculaio ul s s iated wit windows/doors an are 'n 'ncrement fte eetinlen t o less 2,8,3,5,6, Pro'e standards Both sin le and multi-use buildin and ro'ects shall also be re uired to rovide a minimum of three of th followin buildin desi treatm~ations I0 and I below: a Cano ies or orticos inte rated with the buildin s massin and s le' c Arcades minimum o eiht 8 feet clear in width' d_.Z_.S.i~tured artwork; eL.Raised cornicea. p. Eapets over doors;. D Peaked roof formsi h Dis Ia window' i.). Ornamental and true ra architectural details ther than cornices' whi are integrated into t~structure and over~ .D___Clock or bell towers; o~ ~ other treatment~inion of th Plannin Services irector meets the intent of this section; words et-~r~k--t.-~:,~ are de].er. ed; words ~ are added. LL~YAT~O tq Words ~truck thrcugl~ are deleted; words underlined are added. -43- ~- O" Iljustration I 1 and one of the following site design elements; a) Decorative landscape planters or planting areas, a minimum of five (5) feet wide, and areas for shaded seating consisting of a minimum of one-hundred (100} square feet; b} Integration of specialty pavers, or.. stamped. concrete along the building's walkway. Said treatmet: shall constitute a minimum Of Sixty (iS0} percent of walkway area; or, c) Water elements, a minimum of one-hundred and fifty (150} square feet in area. 2.8.3.5.7. Detail Features 2.8.3.5.7.1. Purpose and intent. The design elements in the following standards shall b¢ integral pans of the building's exterior facade and shall be integrated into the overall architectural style. T.hese elements shall not consist solely of applied I~raphics. or paint. 2.8.3.5.7.2. Blank wall areas, Blank wall areas shall not exceed ten (I0) feet in vertical direction nor twenty {20) feet in horizontal direction o.f any facade. Control and expansion joints within this area shall constitute blank wall area unless used as a decorative pattern and spaced at intervals of six (6) feet or less, Relief and reveal work depth must be a minimum of one half {!/2) inch (see Iljustration 12 below). Words struck '~ ..... ~ are deleted; words Underlined are added -44 - !ljustrati.n 12 2.8.3.5.7.3. Repeating Facade Treatments. I!uilding facades Shall include a repeatinl! pattern and shall include no less Ihan three of the design elements listed below. At least one of these design elements shall repeat horizonlally, All design elements shall repeat at intervals qf no more Ihan Ihirty (30) feet, either horizontally or verlically, I. Color change; 2. Texture change; 3. Material module change; 4. Expression of architectural or structural bays. through a change in plane of no less than twelve (12) inches in width, such as a reveal, an offset, or a projecting rib (see Iljustration 13 below.}; ~'T~'ur...."ru~ U U,T-~, llluslralion 13 5. Architectural banding; 6. Building setbacks or projections, a minimum of Ihree (3) feet in width on upper level(s);or. 7. Pattern change 2.8.3.5.8. A&litional Facade Design Treatments For Mtthiple Use Bttildings. Hords $truc]: -~ ..... "are deleted; words underlined are added 2.8.3.$.8.1 PittpoSe and hltent, The presence of buildings with multiple tenants crcate~ variety, breaks up large expanses of t,ninterrup!ed facades, and expands lh~. range of the site's activities.. Windows and window displays of such stores shall be used to contribute to the visual interest of exterior facades, The standards in. this section are directed toward Ihose situations where more than one retailer, with separate exterior customer entrances, are located within the principal building. 2.8.3.5.8.2. First Floor Primary Facade Treatments. 2.8.3.5.8.2.1. The first floor of the primary facades of such multi-use buildings shall, at a minimum, utilize windows between the heights of three (3) feet and eis~ht {81 feet above the walkway grade for no less than fifty (50) percent of the horizontal length of the building facade. 2.8.3.5.8.2.2. Windows shall be recessed, a minimum of one-half ('/2) inCh,.and shall include visually prominent sills, shutters, stucco reliefs, or other such forms of framing. 2.8.3.5.9. Outparcels. 2,8.3.5.9.1. Parpose attd intent. To provide unified architectural design and site planning between oVtparCel $t~CturCs anti the rnaitl ,~trut;:tur¢ On the site jn order to enhance the visual impacl~. 0f. lh¢ Slr~JCtures a.nd to provide for safe and convenient vehicular and pedestrian access and movement within the site. 2.8.3.5.9.2. Outparcel design: All exterior facades of an outparcel structure shall be considered primary facades and shall employ architectural, site, and landseapina design elements which are integrated with and common to those used on the primary structure on site. These common design.. elements shall include colors and materials associated with the main structure. When the use of common wall, side by side development occurS, c0.ntinuity of facades and consolidated parking for several businesses on one parking lot may .be Used. Outparcel structures that are adjacent to each other shall provide for vehicular connection between their respective parking lots and provide for interconneCtion of pedestrian walkways. 2.8.3.5.1 0. Roof Treatments. 2.8.3.5. I0. I . Purpose and Intent. VariatiOns in roof lines shall be used to add interest to, and reduce the massing of buildings. Roof features shall be in scale with the building'S mass and complement the character of adjoining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable.. high quality material in order to enhance lhe appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. Words ~truck t~,rcugh are deleted; words underlined are added. -46- 2.8.3.5.10.2. Roof edge attd parapet treatment. At a minimum of two localions, Ihe roof edge and/or parapet shall have a vertical change from the dominant roof condition, a minimum of three (3) feet. At least one such change shall be located on a primary facade adiacent to a collector or arterial right-of-way (see Iljustration 14 below), klo'l' THI~ Iljustration 14 2.8.3.5.10.3. Roofs shall meet at least two of the following requirements: I) Parapets shall be used to conceal roof top equipment and flat roofs: 2) Where overhanging caves are used, overhangs shall be no less than three' (3) feet beyond the supporting walls with a minimum facia of eight (8) inches; 3) Three or more roof slope planes per primary facade {see Iljustration 15 below); Words ~ are deleted; words underline<~ are added. -47- MULTI- PLANE DO tJOTTHI~ llltt~tration 15 4) Sloping roofs, which do not exceed the average height of the supportinE walls, with an average slope greater than or equal to one (I) foot of vertical rise for every three {3) feet of horizontal mn and less than or an average slope equal to one (I) foot of vertical rise for every one {I) foot of horizontal run; 3) Three-dimensional cornice treatment which shall be a minimum of twelw' (12) inches in height with a minimum of three reliefs; or Additional vertical roof changes with a minimum change in elevation Of two (2) feet, 2.8.3.5.10.4. Prohibited roof t)Tes and materials. The following types of materials are prohibited: Asphalt shingles, except laminated, three-hundred-twenty {320) pound, thirty (30) year architectural grade asphalt shingles or better; 2) Mansard roofs and canopies without a minimum vertical distance of eight {8) feet and at an angle not less than twenty-five (25} degrees, and not greater than seventy (70} degrees: 3) Roofs utilizing less than or equal to a two (2) to twelve (12) pitch unless utilizing full parapet coverage; and 4) Back-lit awnings used as a mansard or canopy roof, 2.8.3.5.11. Entryways/Customer Entrance Treatments. Words struck ~ ..... ~ are deleted; words underlined are added. 2.8.3.5.11.1. Purpose and Intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to he integraled into a comprehensive design style for the pr. oiect. 2.8.3.5.11.2. EntO'ways/Customer Elllrttnce St(tndtlr(/s. These standards identify aDDro_priate entry features. 2.8.3.5.11.2.1Single Use Buildings, Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: a) An outd<~,r patio area adjacent m Ihe customer entrance, a minimum of two hundred (2.00) square feet in area which incorporates the following.'. .! ) benches or other scaring c,mponcnts; 2) decorative landscape planters or wing walls which incorporate landscape. d areas; and .3) structural or vegetative shading, 2.8.3.5. II .2.2. Multiple use buildings and projects. Multi-use ~;tructures shall include the following: I) AnChor tc.n. ams shall provide clearly defined, ..highly ...visible customer 2) A provision for intermittent shaded outdoor community ,pace at a minimum of one (l) percent of the total gross floor area of the building or commercial proiect. Said ..community space shall be lOcated off or adjacent to the. circulation path of the complex or main structure and shall incorporate benches or other seating components. 2.8.3.5.12. Materials and Color. 2.8.3.5.12.1. Purpose and Intent. Exterior building .colors and materials contribute significantly to the visual impact of a building on the community..They shall be well-designed and integrated into a comprehensive design style for the project. 2.8.3.5.12.2. Erieriot BuiMing Materials standards. 2.8.3.5.12.2.1 .Predominant exterior building. materials shall include, but are not limited to: 1 ) Stucco; 2) Brick; 3) Tinted, textured, other than smooth or ribbed, concrete masonry units; or 4) Stone, excluding an ashlot or rubble construction look. 2.8.3.5.12.2.2. Predominant exterior building material that are prohibited include: 1 ) Plastic siding; 2) Corrugated or reflective metal panels; 3) Tile; 4) Smooth or rib faced concrete block; and 5) Applied stone in an ashlar or rubble look. 2.8.3.5.12.3. Predominant Erterior Color(s). 2.8.3.5.12.3.1 The use of black or fluorescent colors is prohibited as the predominant exterior buildin~ color[s). words struck t,hrcui,h are deleted; words underlined are added. -49- 2.8.3.5.12.4. Building Trim Color(s). 2.8.3,5.12.4.1. Building trim and accent areas may feature any color{s). limited to ten {10) percent of the affected facade Segment, wilh a maximum trim height of twenty four (24) inches total for its shortest distance, provisions of section 2~8.1.5'.2. of this c~e ~hall ~'provided. 2.8.3.6. Signage: 2.8.3.6.1. Purpose and intent: Signs are intended to be designed to complement rather than detract from the visual impact of a commercial development by utilizing desi~ elements consistent with those employed in the stmcture's architerate and by minimizing conflicts with on-site landscaping areas and vehicular use areas.~ 2.8.3.6.2. Development s~ndards: In addition to the provisions set fo.h in division 2.5.. of this c~e, the following standards shall apply, 2.8.3.6.2.1. Unified Sien Plan: Where multiple on-nremise siens are oro~s~ for a sin~ Site or project, or in the case Of a ~hOppin~ center Or multi-use building. a unifie0 signage plan Shall be employed, An applkation for Site Development or Site Improvement Plan approval shall be accompanied by a graphic. aM narrative representation of the Unified signage plan to be utiliz~ on the sit~ The unified sign plan may be amended and resubmitted for approval to re~e~ style changes or changing tenant needs. Design elements which shall t~ addressed in both graphic and narrative fore include; a) Adherence with the provisions of division 2.5. of this c~ei b) colors; C) construction materials and method; d) architectural design; e) . illumination meth~; copy style; g) .sign type(s) and location(S); and, g) in the case of multi-use buildings, and parcels with multiple structures on site. including outparcels, the unified.. sign plan shall indicate conformance with the following: 1) No wall sign shall exceed eighty (80) percent of the width of the unit(S) occupied .by a business with a minimum of ten (10] percent clear area on each outer edge of the Unit(s); 2) All wall signs for multi-use buildings shall be locat~ at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in Scale with the anchor's larger prima~ facade dimensions. All signs shall adhere to the dimensions provided for in the unified signage plan; and 3) Pole signs shall provide a pole cover with architectural design features, including colors and/or materials coson to those used in the design of the building the sign is accesso~ to. A minimum one-hundred (1~) square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of division 2.5. of this cMe (s~ Iljustration 16 below). Words ~-t~ruck thrcugh are deleted; words underlined are added. -50- (ZOMC~ALME~T OF' ZO A~ IOO 9'c~ OF rLANT AI~EA -1005,F. Iljustration ]6 2.8.3.6.2.2. OtttparceL~: In addition to the above requirements, unified sign plans for outparcels, regardless of the size of the outparcel, shall be limited Io the following: a) a wall sign for any facade adjacent to a public right-of-way and a wall sign for any facade facing the main commercial cenfer, not to exceed a maximum of two wall signs for any single use; and, b) a single ground or pole sign not fo exceed sixty (60) square feet. Pole signs shall he limited to fifteen (15) reef in height~ 2.8.3.6.2.3. Bittiding Permit Requests. Requests for building permits for permanent on- premise signs shall adhere to the unified signage plan, which shall be kept on file in the community development and environmental services. division, RequeSts to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a unified sign plan for the.building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the unified sign plan for the property. 2.8.3.7. Landscapin~ In addition to the requirements of section 2.4., "Landscaping and Buffering" the following requirements shall apply. 2.8.3.7.1. Purpose attd intent: To provide enhanced landscaping within the vehicular anti pedestrian use areas of large commercial buildings. and projects. Such landscaping is intended to enhance the visual experience of the motoring and pedestrian public, commonly referred to as the "streetscape", while adhering to the purpose and intent set forth in division 2.4. of this code. Landscaping should be used to enhance and complement the site design and building architecture. Words struck tkrougk are deleted; words underlined are added. 2.8.3.7.2. Landscaping. The following requirements, with the exception of buildin[:. perimeter planrings, shall be counted toward the required greenspace and open space requirements of division 2.4. of this code I. At time of planting, trees in vehicular use areas shall be a minimum of twelve (12) to fourteen {14) feet height with a six (6) foot spread ~-nd a two and one- half {2~/,') inch callper and shall have a clear trunk area to a height of seven (7) feet. 2. The first mw of landscape islands located closest to Ihe building front and sides shall he landscaped with Irees, palms, shrubs and groundcovers and shall have a clear trunk area to a height of seven (7) feet (see Iljustration 17 belowL lllttstration 17 3. Tree and lighting locations shall he desi~:ned so as not to conflict with one another (see Iljustration 18 below). Words e~T~4~-~ are deleted; words underline~ are added. 2.8.3.7.3. Locational Requirements ['or BttiMing Perimeter Planting.$.. as Required by_ Section 2.4.6.5. oF;his code: 1. Perimeter landscap.e planrings shall be located adjacent to the primary building facade, including building entrance areas, plazas, and courtyards. These areas shall be landscaped With any combination of trees, palms, shrubs and ground covers (see Iljustrations 19 and 20 below}. Words ~truck ~ ..... ~ are deleted; words underlined are added. F~,F~ItdroT~jL FLA~,TINC__~ Iljustration 19 Words Dtruck tkrcugt, are deleted; words Underlined are added. 2. Building perimeters shall include planrings at a ratio or one-hundred (I00) souare feet of plant,:rS per one-thousand (1.000) :;quare feet or building, ground floor area. Planters shall either be raised or at ground level and be a minimum of ten {10) feet wide. Seating courtyards, eating areas and plazas may be incorporated within them (see Iljustration 21 beh,w). l LllL...ptl,4&, ,FLAUTt (GeA""T IN,. lz..T"('^t:::apr.,, Illu.",;Irallon 21 2.8.3.7.4. Natural and Manmade Bodies of Waler lncludlng Retention Areas: The shape of a manmade body of water, including wet retention areas, shall t'~. designed to appear nalural by having off-sets in the edge alignment that are minimum of ten {10) feet and spaced fifty (50) feet apart. All bodies of water, including wet retention areas, exceeding 20,000 square feet in area, which art located adjacent to a public right-of-way, shall be incorporated into the overall design of the project in at least one of the following ways (see Iljustration below). Words ...... ............. ~,, are deleted; words underlined are added. · Iljustration 22 ]. Provide a five (5) root widc walkway with trees an average of fi~ty (50) feet on center and shaded benches a minimum of six feet (6') in length or picnic tables with one located every one-hundred-~ty (150') feet. 2. Provide a public access pier with covered str~cture and seating, 3. Provide an intermittent shaded plaza/courtyard. a minimum Of two hundred (200) square feet in area, with benches and/or picnic table~ adjacent to the water body. 2.8.4. Architectural and site design standards and guidelines for commercial buildings and pro~ects under twenty thousand (20,000) square feet in size. 2.8.4.1 Liehtine 2.8.4.1.1 Purpose and Intent. Commercial buildings and projects. including their outparcels shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a ConsiStent and coordinated manner for the entire site. The lighting and lighting fixtures shall be integrated and designed so as to enhance the visual impact of the project on the community. 2.8.4.1.2. Shieldin.~ standards. Lighting shall be designed so as.to prevent direct glare. light spilla~e and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties. Words struck throu~h are deleted; words Underlined are added. 2.8.4.1.3. Fixture height standards. Lighting fixtures shall be a maximum of thirty (30) feet in height within the parking 1o¢ and shall be a maximum of fifteen (I;5) fee~ in height within non-vehicular pedestrian areas (see Iljustration 23 below). /7x'. Iljustration 23 2.8.4.1.4. Design standards. Lighting shall be used to accent key architectural elements and/or to emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project through style, material or color. 2.8.4.2.. Loading, storage, mechanical equipment, solid waste disposal facilities and other service function areas. 2.8.4.2.1. Purpose and Intent. To diminish, in a safe manner, the visual impacts of service functions that may distract or have a negative impact on the streetscape, landscape and/or the overall community image, 2.8.4.2.2. Buffering and screening standards. In accordance with the provisions of division 2.6. of this code, loading areas or dockS, outdoor storage, trash collection, mechanical equipment, trash compaction, truck parking, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level when located along primary facades or within view of residentially zoned properties. 2.8.4.2.3. Materials and design standards. Screening material and design shall be consistent with design treatments of the primary facades of the commercial building or project and the landscape plan, 2.8.4.2.4. Drive-through window standards. Drive-through windows and lanes shall be designed to adhere to the following standards: 1. Drive-through windows shall not be placed between the right. of-way of a primary collector or arterial roadway and the associated building, unless the vegetation required for a Type "B" landscape buffer is installed within the Words =truck through are deleted: words underline~ are added. buffer width required for the proiect and maintained along the entire length of the drive-through lane between Ihe drive Ihrough lane and the adjacent right-:,f-way. As an alternative to the vegetative buffer referenced above, a permanent covered porte- cochcre type structure, other than awning/canvas type structure(s), may be installed, extending the width of the drive-through and covering the service window(s). Such structure shall he integrated. structurally and architecturally into the design of the building. 2. Only a single drive-through lane is permitted unless associated with a flee standing restaurant under fifteen hundred (1,500) square feet which may utilize double drivc-thn,ugh lanes. Where double drive-through lanes are provided, an area located between the drive-through lane and the buildinp, averaging five (5) feet in width and equal to a minimum of twenty (20) percent of the aggregate linear foolage of the building envelope shall he landscaped with trees, palms, shrubs and groundcovers, excluding grass. 2.8.4.3. Pedestrian Walkways 2.8.4.3.1. Pttrpose anti intent. To provide safe opportunities for alternative modes or transportation by connecting with existing and future pedestrian and bicyclq pathways within the county and to provide safe passage from the public right-of- way to the commercial building or project, and between alternative modes of transportation. 2.8.4.3.2. Pedestrian access standards. Pedestrian ways. linkages and paths shall be provided from the building entry(s) to surroundinR streets, external sidewalks. and outparcels. Pedestrian ways shall be designed to provide access between parkinR areas and the building entrance(s) in a coordinated and safe manner. Pedestrian ways may be incorporated within a required landscape perimeter buffer, provided said buffer is not less than ten (I0) feet in width on average. Shared pedestrian walkways are encouraged between adjacent commercial projects. 2.8.4.3.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a project, excluding ingress and egress points intended primarily for service, delivery or employee vehicles. 2.8.4.3.4. Minimitre dimensions. Pedestrian walkways shall be a minimum of five (5) feet wide. 2.8.4.3.5. Matedais. Pedestrian walkways shall be consistent with the provisions of section 4.5 of the Americans with Disabilities Act (ADA) Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete, 2.8.4.3.6. Pedestrian crosswalks at building perimeter. Building perimeter crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings. 2.8.4.3.7. Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one-hundred (100) linear feet in length at a ratio of ore. hundred (I00) square feet of shaded area per every one-hundred (100) linear feef of walkway. 2.84.4. Buildinl~ Design. Words ee~seek~9~ are deleted; words underlined are added. -58- 2.8.4.4.1. PItrpose and intent. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community. Buildings shall have architectural features and palterns that provide visual interest from the perspective of the pedestrian; reduce masslog aesthetic; recognize local character; and be site resp~msive. Facades shall be designed to reduce Ihe. mass/scale and unift~rm m~,mlithic appearance ~f large unad.rned walls, while providing visual interest that will be consistent with the community'S identity and character Ihrough the use ~f detail and scale. Articulation is accomplished by varying the buildings mass in height and width so that it appears to be divided into distinct massing elements and details that can be perceived at scale of the pedestrian (see Iljustration 24 hch~w). Corner lots at an intersection of two or more arterials or maior collector roads shall he desi~z. ncd to emphasize their I.cati~n. Buildings and structures on corner lots shall he designed with additional architectural embellishments such as corner towers. or other such design features, to emphasize their location a~ gateways and transition points within the community. ELE. VATt ON N.T.e. EL~VAT I 0 LL N-T.~.. Iljustration 24 2.8.4.4.2. Bttildin~ Orientation Standards. At least two primary facades on buildings; between 5,~ square feet and 19,999 square feet in gross building area shall have either windows along no less than thirty-three (33) percent of their horizontal length or a primary customer entrance abng said facades. For Words ^~ .... " ~ ..... ~ ............. =,, are deleted; words underlined are added. huildings less than 5,000 square feet in area, the windows and primary customer entrance may be located alnn~ a single primary facade. prnvided the window and customer entrance areas are equal to the horizontal length of that facade, and in aggregate, are equal to no less than twenty-five (25) percent or the combined horizontal length of the two longest primary facades. Entrances and windows on additional primary facades are encouraged. Buildings shall be oriented to maximize pedestrian access, use and view of any adjacent navigable water bodies. 2.8.4.4.3. Facade/Wall lleight Tran.~ition. New developments Ihal are located wilhin Ihree hundred (3C,0) feet of an existing building, and are more than twice the height of any existing building within lhrec-hundred (3fX)) feet shall provide transitional masslag elements to transition between the existing buildings of lower height within ~ree-hundred (300) feet, and the proposed development. The transitional massing element can be no more than nne-hundred (100) percent taller than the average height of the adiacent buildings (see Iljustration 25 below). CaC. ALF, ~ RELAI'I O N. 5H IPTO ADJ AC.EJ4T E..Xt"-JT II',,l~ ~ 5T USE ~F STF.-f'I~-~ MA~51N6 NEj4___s ~. 'J~ J~' oF NF_[,~I GTRUCT~RE, DO 2.8.4.4.4. Facade standards. All primary facades of a building shall be designed with consistent architectural style and detail and trim features. In the case of outparcel buildings, all exterior facades shall adhere to the requirements of Ibis division with respect to architectural design treatments for primary facades. 2.8.4.4.5. Massin~ standards. Exterior facades shall be designed to employ the followinF design treatments: l.) No horizontal length, or uninterrupted curve, of the ground floor of any primary facade, for buildings between 10,000 and 19,999 square feet in gross building area, shall exceed fifty (50) feet, with the maximum being eighty (80) feet for arcades, but varied lengths are desirable. For huildings under 10,000 square feet, no horizontal length, or uninterrupted curve, of any primary facade shall exceed thirty-five (35) Words struck through are deleted; words underlined are added. feet, with Ihe maximum being sixty (60) Feet for arcadeS, but varied lengths are desirable. PrOiecfions and recesses shall have a minimum depth of eight (8) inches and a minimum width of Iwenty-rour (24) inches...All huildings shall provide a minimum or one offset per public street or navigable waterway. 2.1 For buildings between ,5,000 square feet and 19,999 square re.el in gross building area. exterior wall planes shall not constitute more than fifty (50} percent of each affected ground floor facade over thirty (30) feet, The wall plane shall he measured at one (!) foot off the exterior wall surface on each side of the wall. 3.) Primary facades on the ground floor for buildings between 5,000 square feet and 19,999 square feet in gross building area shall have arcades a minimum of six (6) feet clear in width, display windows, entry areas, Or other such features along no less than thirty-three (33) percent of the horizontal length for each primary facade, Awnings are excluded from this calculation unless associated with windows/doors in increments less than ten (I0) feet, 2.8.4.4.6. Project standards. Both single and multi-use buildings and proiects shall also he required to provide a minimum of three {3) of the lollowing building design treatments (see Iljustration 26 below): .a) Canopies or porticos, integrated with the building'S massing and style; b) Overhangs: c) Arcades, a minimum of six (6) feet clear in width; d) Sculptured artwork; e) Raised cornice parapets over doors; f) Peaked roof forms; g) Arches; h) Display windows; i) Ornamental and structural architectural details, other than cornices; which are integrated into the building structure and overall design; j) Clock or bell towers; or, k) Any other treatment which, in the opinion of the planning services director, meets the intent of this section; and one of the following site .d. esign elements; a) Decorative landscape planters or plantinS1 areas, a minimum of five {5) feet wide, and areas for shaded seating consisting of a minimum of one-hundred (100) square feet; b) Integration of specialty pavers, or stamped concrete along the buildings walkway. Said treatment ,s.hall constitute a minimum of sixty {60) percent of walkway area; c) Water element(s), a minimum of one-hundred and fifty {150) square feet in area; Words =truck thrc~u~b, are deleted; words underlined are added. -61 I-LI~YATIO I,,i 14,T.~. ELEVATION S~.,TIO)4 Iljustration Z6 2.8.4.4.7. Detail Features 2.8.4.4.7.1. Purpose and intent. The design elements in the following standards shall be integral parts of the building's exterior facade and shall be integrated into the overall architectural style. These elements shall not consist solely of applied ~:raphics. or paint. 2.8.4.4.7.2. Blank wall areas, Blank wall areas shall not exceed ten (I0) feet in vertical direction nor twenty (20) feet in horizontal direction of any facade. Control and }lords e~ are deleted; words underlined are added. -62- expansion joints within thi~ area shall constitute blank wall area unless used as a decorative pattern and spaced at intervals of six (6) feet or less, Relief and reveal work depth must be a minimum of one half (I/2) inch (see Iljustration 27 below). __ IO-O 'VE..{~tCAt-, ~< ROt, az, o~TAL 'P'IAX tt'lur,,'t ELAvXk:; Illu,~rallon 27 2.8.4.4.7.3. Repeating Facade Treatments, Building facades shall include a repeating pattern and shall include no less than two of the elements listed below, At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than twenty-five (25) feet, either horizontally or verticallyt I. Color change; 2. Texture change; 3. Material module change; 4. Expression of architectural or structural bays, through a change in plane of no less than twelve (12) inches in width, such as a reveal, an offset, or a proiecting rib (see Iljustration 28 below.}; 5utt. Dtu:..~ I.-IN_L ux4. Iljustration28 ............. ~,, are deleted; words underlined are added. -63- 5. Architectural banding; 6. Building setbacks or projections, a minimum of three (3) feet in width, on unner level(s):or, 7. Pattern change 2.8.4.4.8. Otttparcels. 2.8.4.4.8.1. Purpose attd intent. To provide unified architectural design and site plannin? between outparcels and the main stn~cture on site in order to enhance visual experience for the vehicular and pedestrian public, and to provide for safe and convenient vehicular and pedestrian access and movement within site. 2.8.4.4.8.2. Outparcel design: All exterior facades of an outparCel building shall be considered primary facades and shall employ architectural, site. and landscaping design elements which are integrated with and common to Omse t~,ed on primary structure on site, These common design elements shall include and materials associated with the main structure, When the use of comaxm ~rLII side by side development occurs, contirmity of facades and ¢omol.lcht~_ed for ~ev.Cral bUsiDes:sos on one DarkinR lot may be u.c, cd, O%ttt'~m;eh tl~ adiacent to each Other arc encouraged r~rovidc for vehicular ConneCtio~ ~ narkint, lots and provide for pedestrian interconnection. _CMpareeh ~ be designed and inteerated with the main _proiecl, 2.8.4.4.9. Roo[ Treatments. 2.8.4.4.9.1. purpose and Intent. Variations in roof lines shall be used to _acIjJ interest to, at-! reduce the massinK of buildings. ROof featUres Shall be in Scale with the building's mass and complement the character of adjoining and/Or adi__'a,:em.t buildings and neighborhoods. Roofing material Should be constructed of durable high quality material in order tO enhance ~e appearance and attractiveness of the community. The following standards identify approoriarP roof treatments and features. 2.8.4.4.9.2. Roof edge and parapet treatment. At a minimum of two locations, the roof edge and/or parapet shall have a vertical change from the dominant roof condition, a minimum of three (3) feet. At least one ~uch Change shall be Ioca~ on a prima_ry facade adjacent to a collector or arterial right-of-way (see Iljustration 29 below). Words ~ are deleted; words underline~ are added. -64- IXtus~ratjon 29 2.8.4.4.9.3. Roofs shall meet at Irast two of the following requirements: I) Parapets shall be used to conceal roof top equipment and flat roofs' .2) Where overhanging caves arc used, overhangs shall be no less than three_ (3) feet beyond the supporting walls with a minimum facia of five (5) inches; 3) Three or more roof Slope planes per primary facade (see Iljustration 30 below); Words e~ are deleted; words Underlined are added. I, JOTTHI~ Iljustration 30 4) Sloping roofs, which do not exceed the average height of the supporting walls, with an average slope greater than or equal to one (I) foot of vertical rise for every_ three (3) feet of horizontal run and less than or an average slope equal to one (1) foot of vertical rise for every one {1) foot of horizontal run; 5) Three-dimensional cornice treatment which shall be a minimum of ten (I0) inches in height with a minimum of three reliefs; or 6) Additional vertical roof changes with a minimum change in elevation of two feet; 2.8.4.4.9.4.. Prohibited roo[ _types and materials. The following types of materials are prohibited: 1) Asphalt shingles, except laminated, three-hundred-twenty (320) pound, thirty (30) year architectural grade asphalt ~hingles or better; 2) Mansard roofs and canopies without a minimum vertical distance of six (6) .feet and at an angle not less than twenty-five (25) degrees, and not greater than seventy {70) degrees; 3) Roofs utilizing less than or equal to a two (2) to twelve (12} pitch unless utilizing full parapet coverage; and 4) Back-lit awnings used as a mansard or canopy roof. 2.8.,1.4.10. Entryways/Customer Entrance Treatments. Words struck '~ ..... ~ are deleted; words underlined are added. -66- 2.8.4.4.10.1. Purpose and hltent Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions, These elements arc to be integrated into a comprehensive design style for the project, 2.8.4.4.10.2. Entryways/Cttstmner Entrance Standards. These standards identify appropriate entry features. 2.8.4.4.10.2.1Single Use Buildings. Single occupancy use buildings between 10,000 square feet and 19,999 square feet in area shall have clearly defined, highly visible customer entrances which shall include the following: a} An outdoor patio area adjacent to the customer entrance, a minimum of fifty (50) square feet in area and which incorporates two of the following: 1 } benches or other seating components; 2) decorative landscape planters or wing walls which incorporate landscaped areas; and 3) structural or vegetative shading. 2.8.4.4.10.2.2. Multiple Use Buildings and Projects, Multi-use ~tructures between 10,000 square feet and 19,999 square feet in area shall include the followin,,: 1} Anchor tenants shall provide clearly defined, highly visible customer entrances, 2) A provision for intermittent shaded outdoor community space at a minimum of one (i) percent of the total gross flOor area of the building or commercial project. Said community space shall be located off or adjacent to the circulation path of the complex or main structure and shall incorporate benches or other seating components. 2.8.4.4.11. Miscellaneous Structures. 2.8.4.4.11.1. Outside Play Structures. Outside play structures shall not exceed fifty (50} percent of coverage along the affected facade. No portion of any play structure located between the front building line and any adjacent right-of-way shall exceed a height of twelve (12) feet as measured from existing ground elevation. in all other cases, no portion of any play structure shall exceed a maximum height of sixteen (16) feet as measured from existing ground elevation. Play structures shall be limited to earthtone colors, with a maximum of three color variations. 2.8.4.5. Materials t:nd Color. 2.8.4.5.1. Purpose and httent. Exterior building colors and materials contribute significantly to the visual impact of a buildinl~ on the community. They shall be well-designed and integrated into a comprehensive design style for.the proiect. 2.8.4.5.2. Erterior Btti[ding Materials standards. 2.8.4.5.2.1. Predominant exterior building materials shall include, but are not limited to: 1) Stuccol 2) Brick; 3) Tinted, textured, other than smooth or ribbed, concrete masonry units; or 4) Stone, excluding an ashlar or rubble construction look. 2.8.4.5.2.2. Predominant exterior building material that are prohibited include: Wozds struck through are deleted; words underlined are added. -67- I) Plastic siding; 2) Corrugated or reflective metal panels; 3} Tile; 4) Smooth or rib faced concrete block; and 5) Applied stone in an ashlar or rubble look. 2.8.4.5.2.3. Predominant Exterior 2.8.4.5.2.3.1 The use of black or fluorescent colors is prohibited as the predominant buildin~ color(s). 2.8.4.S.2.4. Buildin£ Trim Cotor(sL 2.8.4.3.2.4.1. Building trim and accent areas may feature any colorfsk limited to ten (I0) percent of the affected facade segment, with a maximum trim height of twenty four (24) inches total for its shortest distance, 2.8.4.5.2.4.2. Neon or neon. type tubing Shah be permitted provided for in sections 2.;5.6.21, and 2.5.6.22. of this code. An approved lighting plan consistent with the pr0viSjons of section 2.3.8, 1.5,2. of this code shall be provided, 2.8.4.6. Sienage: The pr0vj~;i0n~ Of SeCtion 2, 8,3 ,6, shall also a_oplv to commercial buildin_lB and proiect$ with less than 20.000 square feet of building area, 2.8.4.7. Natural and Manmade Bodies of Water {'InclUdlnE Retention Areas); 2.8.4.7.1. The shape of a manmade body of water, including wet retention areaS. shall be designed to appear natural by having off-sets in the edge alignment that are a minimum of ten (10) feet and spaced fifty_ (50) feet apart. Natural and manmade bodies of water, including wet retention areas, exceeding 20,000 square feet in area, which are located adjacent to a public right-of-way, shall be incorporated into the overall design of the proiect in at least one of the following ways {see Iljustration 31 below): Words struck through are deleted; words underlined are added. I. Providing a minimum five (5) foot wide walkway with trees an average of fifty (50) feet on center and shaded minimum of six (6) fo.o.t long benches or picnic tables every one-hundred-fifty (150) linear feet. 2. Providing a public access pier with covered structure and seating. 3. Providing a plaza/courtyard, two-hundred (200) square feet minimum, with shaded benches and/or picnic tables .adjacent to the water body. 2.8.5 Exceptions and Interpretations, 2.8.5.1. Erceptions: Exceptions to the provisions of this code may be granted by the board of county commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design which, while varying from one or more Of the provisions of this division, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual commercial buildings or projects, where site specific factors may impact the ability to meet these standards, variance from one or more of the provisions of this division may be requested pursuant to the procedures set forth in section 2.7..5. of this code, 2.8.5.2. Interpretations. During the course of review of an SDP or SIP, as the case may be, should an applicant and staff be unable t0 concur on the application of a specific provision or provisions of this division, the community development and environmental services administrator shall be authorized to make a final determination. The community development and environmental services administrator shall render his finding in writing within fifteen (15) days of Words ztruck zkrcuGk are deleted; words underlined are added. -69- receipt of a written retinas( from the applicant. The applicant may appeal the ~.Ct~rrnination of Ihe community development and environmental services administrator to the board of zoning appeals, pursuant to the procedures set forth in section 1.6.6, SUBSECTION 3.G: AMENDMENTS TO SUBDIVISION DIVISION Division 3.2, Subdivisions, of Ordinance No. 91-I 02, as amended, Ihe Collier County Land Development Code, is hereby amended to read as Follows: Division 3.2 Subdivisions 3.2.4.11.3 Building permits for rural subdivisions. Prior to the issuance of a building permit for any property in the rural area, which by definition in division 6.3 is deemed to be a rural subdivision, the owner of the property applying for the building permit must provide verification that he or she has an existing means of access to the property and the existing means of access to such property must be improved to the standards established by this subsection. Said access may be: (a) Naturally cleared accessway a minimum of 24 feet in width; or (b) Dustless surface a minimum of LM. 20feet in width; or (c) Asphalt paved road a minimum of~420 feet in width; or (d) Limerock surface a minimum of~l. 20 feet in width. 3.2.4.12.3. Building permits for Chololoslcee Island. Prior to the issuance of a building permit for any properly on Chokoloskee Island. the owner of the property applying for the building permit must provide verification that he or she has an existing means of access to the property and the existing means of access to such property must be improved to the standards established by this subsection. Said access may be: a. Dustless surface a minimum of 20 feet in width; or b. Asphalt paved road a minimum of-2-0 18 feet in width; or c. Limerock surface a minimum of 20 feet in width. 3.2.8.3.1. ,4ccess to public roads. The street system of a subdivision approved pursuant to this division shall be connected to a public road, which is state or county maintained, with adequate capacity as defined by the growth management plan to accept the traffic volumes generated by the proposed development. Unless topography, or compliance with the County's Access Management Policy (Resolution 92-422). or LDC Section 3.2.8.4. I prohibits it, the number of access points to public roads shall ensure that there are no more than four-thousand (4000) average daily trips (ADT) per access point (existing or future). The' total number of access points required by this section shall be six. Proposed developments accessing public roads shall be subject to the requirements of the Collier County Adequate Public Facilities Ordinance. The connection of any property to a public or private road shall be carried out in conformance with Collier County Ordinance No. 82-91, as amended. Words struck '~ ..... ~ are deleted; words underlined are added. -70- ~.2.8.3.Z. /lfley.L Alleys may be provided in industrial., ~:"~ commercial and residential suhdivisi,ns, "'~ .... ~ ......... d~::;~c'd ~:',::=~" ~ ........... r orAk~L AITcys may hc R~r (}no-way or two-way traffic, Alleys :hc~ "~ for nnc-way traffic only cod shall have the appropriate dirccfional and instruction si~na~e instailed. Alleys shall --"' bc utilized for scconda~ 3.2.8.3.4. Buffer ureas. Subdivisions or d~vclopmcnts shall hc hurryred R~r the protection of property owners from surroundin~ land uses as rcquir~ pursuant to division 2.4. Buffers shall not inhibit pcdestri3n circul3tion between adjacent commercial land uses. Buffers shall hc installed during construction as follows and in accordance with division 2.4: (a) To separate residential developments from commercial, communi~ use, industrial and public use dcvdopmcnts and adjacent expressways, ancria]s and railroad rights-of-way, except where such expressway, arterial, or railroad right-or-way abuts a golf course. (b) To separate commercial, community use, industrial and public use developments from residential developments. (c) To separate subdivisions of rcsidcntial propcRy that do not result in the submittal of a site development plan pursuant to the provisions of division 3.3 from other residential properties. 3.Z.8.3.l?. SidewGl~/51,:p=~]:~, bike Innr~ ~nd bi~r p~t~$. Sidcwalksi. bikepcths]ane~ and bike paths shall ~ provided for public and private roadways in conromance with the folZowin~ criteria: 1. Bike lanes shall be provided on B~th sides of any street c]assifi~ higher than a local street (i.e., collector, arterial). 2.-Sidewalks, 6 feet in width, shall be provided on both sides of coll~tor and arterial streets. Ec:k ':"" _r .... ,~._, ...... , ...... ~.. , ~ 3. Sidewalks, 5 feet in width, shall ~ provided on both sides of I~al streets. ~. All sidewalks, bike paths and bikcp=:~an~ along public and private roadways shall be constructed in accordance with design specifications identified in section 3.2.8.4.14 of this c~e. ~. Alternative designs for sidewalks, bike lanes, ~bike paths in developments with public or private roadways may be provided, subject to approval by the '~ .... ~ ...... ;rvice; ~ircctor Community Development and Environmental Services Division ~dministrator and may utilize, but not ~ limit~ to, Ihe following analysis: Words ;truck "~ ..... ~' are deleted; words underlined are added. -71- a. A design that matches the land use density and intensity of the development along the street or cul-de-sac. b. A design that matches the expected traffic volumes on the street or cul-de-sac. c. Design that does not create a safety hazard caused by vehicles parked across the sidewalk or directing pedestrians or cyclists into high traffic areas. d. Design that does not encourage additional landscape area due to clearing for the installation, aesthetic softening or additional hardscape, additional softening of unnatural linear concrete strips, or similar features. e. Design that matches the expected demographics of the development, including but not limited to considerations such as expected amount of school age children and active adults. f. Design that matches reduced speed streets and culs-de-sac. g. Design that matches expected amount of utilization by joggers. walkers and cyclists. h. Design that matches the character of the development i.e., golf course/country club community, affordable housing, private gated communities, etc. i. Criteria pursuant to the provisions of section 3.2.7.2. 8~_. Developments fronting on existing roads shall be required to provide its[their] fair share portional cost of the sidewalks/bikepaths along the frontage of the development in conformance with the county's bikeway program. Developments that provide an internal bikepath system which connects with existing public bicycle paths may be exempt from this requirement by the county's transportation services division if the alternative system functionally operates equal to the standards of the county's bikeways, interconnects with the existing or proposed county bikeway system and will be perpetually open to the public. .J ....... cA.,: ....... "':"'-" "" FDOT, ,,:,, ....,.. t .... ,._ ~cvclc,-m;nt '^ "-- ' ' .... y ............... ~, ...... :c::-::y :cater in e apprc,;.al by :,% CeJli:r Ccunty :ra.'::p~.~ztie,.-: :c:'vie,c~ delmmme~. 4-1-2. Developments providing interconnections to existing and future developments pursuant to the density rating system section of the Collier County growth management plan's future land use element, shall include sufficient right-of-way to accommedate the roadway, Words ~ are deleted; words Underlined are added. -72- sidewalks, and/or bikepathslanes, or bikepaths. Bikepaths. hike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. 3.2.8.3.21. Traffic .:ig::::!.?. cr, ntrr,I devices. Traffic -: .... '- control devices shall be provided by the dew:!oper when ~.nc ~,r ....... re._ v'-"-r::m~ .. ~, ........ engineering study indicates .~!gr.::H~-"-:!.':::.- Iraf~C control is justified at a,y ..... :^~ _^: .... , ..... er miT..~r ecHo:at street intersections within Ihe subdivision or development or where the additional traffic flow results from the proposed subdivision or development on io any collector or arterial street . Traffic control devices are subiect to County approval. If more than one development or subdivision is involved, each shall be required to make a pro rata contribution for the installation cost of the traffic .~ig~als control devices. The cost of all required traffic control devices shall be included in the amount of subdivision performance security furnished for the required improvements. 3.2.8.4.1. Access. Access to lots within a subdivision shall be designed to accomplish access to the lots by use of local streets. Access to residential lots shall be in accordance with Ordinance [No.I 82-91 [superseded by ordinance found in Code ch. II0, art. II], the county right-of-way handbook, but shall bc no less than 30 feet from in',..rsecting right. of- way lines on local to local street intersections; 100 feet for local to minor collector intersections; and 180 feet from intersecting right. of-way lines on all other streets of higher classifications. Local or minor collector street connections to major collectors shall be a minimum Of 400 feet apart (See Figure I below}. Major Collector 400 feet minimum Figure I Local or minor collector street connections to arterial streets shall be a minimum of 660 feet apart (See Figure 2 below}.er -':r:eria! ::rec:z..~hall Words =tr'.:c]: ',hrcu~h are deleted; words underlined are added. -73 - Arterial Road 660 feet minimum Figure 2 Local or minor collector street connections to arterial streets may be ~330 feet apart if the street connection provides for right turns only (See Figure 3 below). aml Arterial Road ~ 330 feet ' minimum* ~' *intenections provide fight turns only figure 3 Mmajor collector street connections to arterial streets shall be a minimum of 1,320 feet apart. Where residential or non-residential access is desired along a major collector or arterial street, it mr,;,.- shall be provided by means of a marginal access road. The first point of access to the marginal access road from an intersection of collector streets and/or arterial streets shall be a minimum of 330 feet from intersecting right-of- way lines. Intermittent access points to the marginal access road shall be a minimum of 660 feet apart. Access points to marginal access roads shall be provided with appropriate turn lanes, signalization or other necessary traffic control measures. When double-frontage lots are created adjacent to a collector or arterial street and a local street, they shall front on the local street. which shall provide access to said lot. Access to the lot shall not be provided by means of the major collector or arterial street. In such cases, the lot shall be buffered as required herein. Access management regulations as required by the Growth Management Act, when implemented, shall supersede this section where applicable. Where access locations are not consistent with the CountyTS Access Management policy, a separate access capacity analysis shall be required to identify capacity impacts and appropriate mitigation. ^ ,, , ........ , ........' "':'~: .... "":":': ..... ~""'~' re~!dent!al ........ cr ~ ...................... = Wr,y~ ~_ln Ihe case of commercial or industrial subdivisions which contain or include parcels that are separated by common parking area or other common area, sometimes referred to as "outparcels," "anchor store parccls," or "fee simple footprint parcels," or an integrated phased development as defined in article 6, access shall be created through an internal access provision documented on the final subdivision plat, Internal access provisions shown on the final subdivision plat shall include by way of example, but not be limited to, cross-covenants, cross-easements, dedicated access tracts, or the like, Words struck thrcugh are deleted; words underlined are added. -74- and shall clearly and specifically identify the dominant and servient estates involved. and the scope and duration of such internal access provision. This provision shall be acceptable to the Community Development and Environmental Services Division Administrator -' .... ' ........... :^-- ": ...... and the county attorney and satisfy the zoning requirements for the zoning district in which the subdivision is located. 3.2.8.4..2. ,411eys. Industrial, commercial and residential .A.a_lleys along the rear lot lines shah have an alley easement al least 24 feet wide containing a vehicular pavement width of at least 10 feel 5: .... e ,n r ......:"- in: p ..... ~: .....~: ....r ~,O ~^' The alley edge of pavement-radius shall be a minimum of IS feet. and shall be designed for the appropriate design vehicle. Alley grades shall not exceed Rye percent or be less than 0.3 percent. All alleys created shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final plat. 3..2.8.4.3. Blocks. The length, width and shape of blocks shall be determined with due regard to: 1. Zoning requirements as to lot size and dimensions. 2. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. 3. Limitations and opportunities of topography, including all natural and preserved features identified. .......... b ...................... . .............. 7,tcr3~,.- r.g Special topographical conditions exist, block lengths greater than 660 feet ....... ~ .... ,.. may be appr0ved by the ...... r ....... Community Development and Environmental Services Division Administrator pursuant to section 3.2.?.2. Traffic claming devices, as approvcd in the Neighborhood Traffic Management Program, shall he provided in block .lengths greater than 660 feet. Recommended spacing of traffic calming devices is 400 feet or greater based on. site geometry that discourages operating speed gr.cater than the posted speed limit. circulatlcn er acce..,z :3 .~c,%ccl.% ,'~la:,'grct:r:d.% .~.%3;~pl.'~g ce;:ter.% 3.2.8.4.4. Bridge$. Bridges shall be designed in accordance with current Florida department of transportation practices or appropriate specifications by the applicant's structural engineer and may be required to include provisions for utility installations and will r.e. quire sidewalks on both sides of the bridge. The bridge shall be designed by a Florida Words struck t,hrcug,% are deleted; words underlined are added. professional engineer and is subjecl to the approval of the Community Development and Environmental Services Division Administrator dcw:~m::r,: :;::rvir.::.: ": ...... and those other agencies having jurisdiction over the proposed facilities. Generally, bridges shall be designed as reinforced concrete, however, other low maintenance materials may be used upon request and approval, when supported by a design report prepared by the developer's professional engineer which provides particular assurance relative to the integrity of the materials to he utilized. At a minimum, the width of all bridges shall be required to incorporate a clear roadway width equaling the travel lane width plus two feet to the curb and six-foot sidewalks; however, variations may be considered pursuant to section 3.2.7.2. Bridge width shall vary with the classification of the roadway section to be carried. All bridge structures shall be designed for H-20 loading, incorporating adequate corrosion and erosion protection. 3.2.8.4.5. Buffers. Landscape buffers, when required by this code, division 2.4, or other county regulation shall be in addition to the required right-of-way width and shall be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance with division 2.4. In no case shall the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final subdivision plat. 3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. Adjacent properties shall be provided with local street interconnections unless topography, other natural features or other ordinances/regulations do not allow or require said connections. All arterial or ,m.."-je.r collector streets shall be planned to conform to the Collier County comprehensive plan. Collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right. of- way cross section must be reviewed and approved by the county transportation services division during the preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in conformante with the comprehensive plan and the right-of-way cross section contained in appendix B. All streets shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life and low cost of maintenance. 1. Street access. Every subdivision or development shall have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or Collier County, as described in LDC, Section 3.2.8.:3.1. When a subdivision or development does not immediately adjoin such a street, the applicant shall provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site. All lots within a e subdivision or development shall be provided legal access to a street dedicated for public use. All" ........ fmr. tcn a. q, ........ .,. 2. Adjoining or proposed adjoining street systems. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or Words struck 'u ..... ~ are deleted; words underlined are added -76- arterial streets to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements or the growth management plan. this code or other ordinances and regulations. Where a sulxlivision or development abuts an existing or proposed public arterial or collector street. buffering shall be required per division 2.4. .s. ......:...J~ ....:, ~.~ ~li.~c~::r-"-ge'~; Use of local streets by cut through traffic shall be discouraged, using methods (like traffic calming} that do not compromise conacclivity or reduce the number of access points to the subdivision. 4. Traffic analysis. If the proposed land development or subdivision will generate traffic volumes in excess of 1,000 ADT (avenge daily trips) or 150 100 vehicles per hour, peak hour/peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, shall be provided by the developer. The analysis shall show the impact on the proposed internal streets of the subdivision or development and existing externally affected streets. The analysis shall be used to determine the street classification, width and number of traffic lanes internal to the development and any requirements for off-site (externaD improvements on the existing street system per the Collier County growth management plan. 3. Street right-of-woOl width. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be clarified by the cross sections contained in appendix B. and will be directly related to traffic volume as indicated in the definition of each street continued herein and where applicable clarified by the cross sections contained in appendix B. Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with section 3.2.7.2. R/IV Width* Number of Lane Width Street Type fleet) lanes (feet) All Streets Cul-de-sac :5.0 6._.0.0 2 I0 Local 60 2 44 I__Q0 Minor collector --80 60 2 44 I_!1 Minor collector As required for 2 44 I.~i (divided) median and turn lanes Major collector '~:-~-~ or ~ '~ ¢ ~:-: .... 4 44 11 Minor Arterial*As required for median and turn lanes Note: Any rural cross sections approved may require expanded right- of-way widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. apprcvc~ ~"° '~' ............ : ....... :^~ ~:":~:^- If an alley is utilized, ~the righ.t-of-way width may be reduced upon approval of the Community Development and Environmental Services Administrator, Words struck t.hroug,h are deleted; words underlined are added. -77- 6. Dead-end streets. Dead-end streets shall be prohibited except when designed as a cubde-sac. When a street is designed to be extended when the adjacent property is devek, ped, a temporary cul-de-sac and right-of- way shall be designed. Culs-de-sac in excess of 1,000 feet shall not be permitted unless existing topographical conditions or other natural features preclude a street layout to avoid longer culs--de-sac. When conflicts occur between the design standards of this division and Collier County Ordinance [No.] 86-54, the County Fire Protection Code, or its successor ordinance [see Code oh. 58, art. Ill]. the standards of this division shall take precedence. Culs-de-sac shall have a minimum 40-foot pavement radius (to back of valley gutter) and :$6._0-foot right-of-way radius. If islands are to be installed within a cul-de-sac, they shall have a minimum 45-foot outside edge of pavement and an inside edge of pavement radius of no greater than 25 feet (See FigUre 4 below}. Figure 4 7. Curbs/valley gutter. All streets shall be provided with valley gutter or curbs to provide for drainage. Curbs shall be required at street intersections and for those areas requiring additional vehicular protection. All required intersection curbs shall extend ten feet beyond the radius. 8. Intersection radii. Street intersections shall be provided with a minimum of a i~02...~5-foot radius (f~:,e-of-e,n.b edge o.f pavement) for local or cul-de-sac streets and 40-foot radius for collector, arterial and commercial/industrial streets. If two local or cubde-sac streets intersect at less than 90 degrees, a radius of greater than 30 feet may be required. Intersection right-of-way lines shall be provided with no less than a 25- foot radius, 0r. as approved by the Community Deye!opment and Environmental Services Administrator. All intersections shall be provided with ramps where sidewalks are req u i red. Words struck thrcu~h are deleted; words underlined are added. 9. bitersections attd street jogs. Wherever feasible. streets shall be arranged so as 1o intersect al righl angles. Two streets shall not intersect at an angle less than 60 degrees. When an intersection occurs on a curve. it should be made fadtally at the point of intersection. with a minimum 75-fo~1 langent measured from intersecting cenlerlines. All local cross streets or stop streets should provide a minimum 50-foot tangent measured from intersecting centerline. Any proposed deviation to the tangent requirements must he supported by design calculalions submitted hy the applicant's professional engineer. The calculations must be based on the roadway speed limit and Ihe Florida department of Iransportation "Green Book" standards for degree of curvature. Streets classified higher than local shall be provided with appropriately larger tangents, supported by design calculations. Street jogs, at intersections. shall be prohibited. In no case shall intersections be located closer than 100 feet apart. as measured between closest right-of-way lines. The use of the 100-foot intersection separation criteria shall be used only when a traffic impact analysis indicated that neither intersection will require either turn lanes or signalization. Intersections of more than two streets shall be-pr-ehlb~ subie.ct to the .approval of the Commupity D~velopmcnt and Environmental Services Administrator. 10. Reverse curves. Tangents shall be provided for all streets, between reverse curves, according to the following, unless otherwise approved by the Community Development and EnvirOnmen!al Services Division Administrator dcvc~,Fm,.~.:.: :crv~c~ diree:er pursuant to section 3.2.7.2. Tangent (Minimum) Street Class~cation Oeeet) Cul-de-sac 25 Local 50 Minor collector/commer- 75 cial/industrial All other streets 100 3.2.8.4.18 Traffic Control Devices. The design and installation of traffic control devices shall be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. SUBSECTION 3.ti: AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION Division 3.3, Site Development Plans, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Division 3.3 Site Development Plans Sec. 3.3.2. Purpose. The intent of this division is to ensure compliance with the appropriate land development regulations prior to the issuance of a Words struck thrcugh are deleted; words underlined are added. -79- building permit. This division is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout and arrangement of buildings and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natura[ resources and proposed impacts thereon. 3.3.S.!. Minor site development plGn re~,iew. Submittal of a site development plan under the minor review process shall be in conformante with $ection 3.3.5.5, final site development plan applications, logether with the following preliminanJ site development plan application requirements: sections 3.3.5.4.1,3.3.5.4.2.1-3.3.5.4.2.5, 3.3.5.4.2.6.b-f, 3.3.5.4.2.7. a-f, 3.3.5.4..2.8.b, f, h, 3.3.5.4.2.8.k-m, 3.3.5.4.3-3.3.5.4.6. A site development plan may be reviewed under the minor SDP review process if the plan submittal meets the following conditions: 3.3.5.1.8, Commercial buildings ~nd projects having a gross building area of less than 20,000 square feet, subject to the provisions of Division 2.8. and consistent with all other provisions set forlh in this Section. 3.3.5.4.2. Site development plan. A site development plan prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale and setting forth the following information: I. The project title and the name, address and phone number of the firm or agent preparing the plans and the name, address and telephone number of the property owner. 2. Zoning designation and land uses on the subject and adjacent properties. 4. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. 5. A narrative statement on the plan identifying provisions of ownership and maintenance of all common areas, open space, private streets and easements. 6.A site summary in chart form which shall include the following: a. Total site acreage. b. Total square footage of impervious area (including all parking areas, drive-aisles, and internal streets) and its percentage of the total site area. c. Total square footage of impervious area (including all parking areas, driveways, loading areas, drive-aisles, and internal streets) and its percentage of the total site area. d. Total square footage of landscape area/open space and its percentage of the total site area. Words struck "~ ..... ~ are deleted; words underlined are added. e. For residential projects, total number oF units, units per acre, and a unit breakdown by square footage and number or bedrooms. r. For nonresidential projects, total building footage, and a square foolage breakdown hy use (i.e., office, retail, storage, etc.) and its percentage of Ihe Iotal building. 7. A parking summary in matrix form which shall include: a. Type of use. b. Total square footage per use. c. Required parking ratio. d. Number of spaces required per use. e. Number of spaces provided per use. f. Total number of required and provided spaces including regular, handicapped and reserved spaces. 8. Iljustrative information accuratcly depicted on the site development plan shall be as follows unless waived at the proapplication meeting: a. A boundary survey, prepared by a professional surveyor showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of-way, and areas dedicated to the public. b. Name, alignment and existing/proposed right-of-way of all streets which border the development (including raised islands, striping, right/left turn lanes, median cuts and nearby intersections), the location of all existing driveways or access points on the opposite sides of all streets which border the development, and the location of all traffic calming devices. 9. For projects subject to the provisions of Division 2.8. five (5) sets of architectural drawings, s. igned and sealed by a licensed architect, registered in the State of Florida. shall be submitted with Preliminary (or Minor) SDP application, depicting the following; a. ',~ inc. h scaled elevatio.n for all sides of the building; b. a~ inch scaled elevation from top of roof to grade depicting typical elevation with details and materials noted. and rendered to show materials and color scheme; c. I/8 inch .site.sectionS showing rel.afio..nShip to. adiacent structures; and d. a unified sign plan as required Division 2.8. Representations made thereon shall become conditions of approval, Architectural drawings submitted in coniunction with a building permit shall be consistent with the architectural drawing submitted and approved for the SDP or SIP. Words c~ruck '~ ..... h are deleted; words underlined are added. 3.3.5.5.1. SDP. A detailed site development plan prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale and setting forth all required on-site and off-site improvements and provisions to include the following: !. Complete legal description including boundary survey. 2. Lot dimensions, acreage. 3. All building and structures. location, size, height and proposed use. 4. Yard setbacks and distances between structures. 5. Walls and fences including location and heights. 6. Off-street parking; location, parking layout dimensions, on-site traffic circulation. traffic calming devices, and landscaping, including all handicap parking and access provisions. 7. Access for pedestrian, vehicular and service. Points of ingress and egress 8. The proposed location, size and height of all traffic control signs. For other development signage see division 2.5. 9. Loading location, dimensions and number of loading spaces. 10. Lighting location, heights and design of all street and parking lot light fixtures. l 1. Street dedication and improvements, including traffic calming devices. 3.3.5.5.5. htfrastructure improvement plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of division 3.2 and any current county ordinances, regulations, policies and procedures which consists of, but are not limited to. the following items: i. A cover sheet setting forth the development name, applicant name, name of engineering firm, and vicinity map. 2, Improvements for water and sewer service as needed or as may have been specified during a preliminary site development plan review prepared in conformance with Collier County Ordinance No. 88-76 as amended. 3. Improvements for roadway, traffic circulation, ingress and egress, devices. required or as may have bct-n specified durin$ the preliminary sRe developrnent ptan levicut, prepared in conformance with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development. where applicable and appropriate). Words struck '~ ..... ~ are deleted; words underlined are added. 3.3.6.3. The ingress and egress to the proposed development and its proposed improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic. traffic flow and control. traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe or other emergency. SUBSECTION 3.I: AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION Division 3.9, Vcgelation Removal, Protccli~m and Preservation. of Ordinance No. 91- 102, as amended, the Collier County Land Development Code, is hereby amended to read ~ follows: 3.9.5 Vegetation removal, protection and presen'ation slandards. 3.9.5.5.2. All new developments shall rclain existing native pegclarion to the maximum cxlcnt possible, especially where said native vegetation exists within required buffer areas. E~t~ng ":"~' .... : ........... :~_ ~h~ h~ r~ned Where lhc required minimum retained pegeta{ on pcrccntag~..ha~ been met pursuant to sections 3,9.5.5.3 and 379~5.5.~ additional native ycgctation .Shall be retained units necessa~ grade changes. required infrastructure, stopwater management system design or approved construction footprints necessitate its removal. ~e need Io remove additional existing native trees shall be demonstrated by Ihe applicant as pan of lhe vegetation removal review process. When required to be removed, existing viable native trees shall be transplanted inlo site landscaping unless the applicant can demonstrate that transplanting is not feasible or appropriate, Retained areas of pegelation shall be prescmed in their entirety with all trees. understoW, and ground cove5 left intact and undisturbed, except for prohibiled exotic species removal, enhancement with native plant material and pruning and maintenance. 3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above, includin~ but not limited to 1) residential or mixed use developments under the thresholds set forth in section 3.9,5.5.3; 2) commercial dcvclopment~ and 3) industrial development shall be required to prosere an appropriate poflion of the native vegetation on the site as detc~ined through the county development review process. For new development under five (5) acres, a miVimum Of ten percent of the native ~'egctation on-site (by area}, shall be retained, including the understo~ and ground cover. For new development five (5} acres or greater, a minimum of fifteen percent of the native vegetation on-site (by area}, shall be retained, including Ihe understo~ and ground cover. Presc~ation of different contiguous habitats is to be encouraged. ~en several native plant communities exist on-site Ihe development plans will reasonably attempt to prese~e examples of all of them, if possible. However, this policy shall not be interfeted Io allow development in wetlands. should wellands alone constitute more than the portion of the site required to be prese~ed. Exceptions, by means of miligation in the fore of increased landscape requirements, shall be granted for parcels which cannot reasonably accommodate both the prese~ation area and lhe proposed activity. Where native presen'ation requiremeals are not accommodated, the landscape plan shall re-create a native plant community in all lhree strata (Rround covers, shrubs and trees), utilizin~ larRer plant materials so as to more quickly re-create the lost mature vegetation. Such reve~etation Words ...... '- '~ ..... ~ ............. ~,, are deleted; words underlined are added. shall apply the Standards or Section 2.4.4, and inClud~ a quantity Or planrings matchin~ the amount ofrcquired preserved native vegetation thai was removed. The rollowing minimum sizes shall apply: ! gallon ground c0vcrs; 5 gallon shrubs; Fourlccn to sixteen root high trees with a scvcn to eight Foot crown spread and a dia,.'n_ctcr of 3 to 4 inches at 4.5 Feet above natural grade, Previously. cleared parcels, void of native vegetation, shall bc exempt From this rcquircmcnl, SUBSECTION 3.3: AMENDMENTS TO ADEQUATE PUBLIC FACILITIES DIVISION Division 3.15, Adequate Public Facilities, of Ordinance No 91-102, as amcndcd, Ihc Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15 ADEQUATE PUBLIC FACILITIES* Sec. 3.15.4 Definitions. 3.15.4.1. ,4nmtal update and inventory report or AUIR means the county rcport on public Facilities described in section 3.15.7.2. 3.15.4.2. /fpplication for development approval mcans an application submitted to Collier County requesting the approval ofa dcvclopmcnt order. 3.15.4.3. Capital drainage facilities mcan Ihc planning of, cnginccring for, acquisition of land for, or the construction or dralnagc and water management facilities necessary for proposed development to meet the LOS for drainage facilities. 3.15.4.4. Capital park facilities mean the planning of, engineering for, acquisition of land for, or construction of buildings and park equipment necessary to meet the LOS for park facilities. 3.15.4.5. Capital road facilities or capital road improvement shall include transportation planning For, fight-of-way acquisition for, engineering for, and construction of any project eligible for inclusion as a road project in the road component of the CIE of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation Plan. 3.15.4.6. Capital potable water facilities mean the planning of, engineering for, acquisition of land for, or construction ofpolable walcr facilities necessary to meet the LOS rot potable water facilitics. 3. I $.4.7. Cttpllal ~tmltary ~ewer fi:cllltle~ mean Ihe planning of, cngi need ng For, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 3.15.4.8. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction or solid waste facilities nccessary to meet the LOS for solid waste facilities. 3.15.4.9 Comprehensive plan means a plan that meets the requirements of F.S. §§163.3177 and 163.3178, and shall mean the Collier County Growth Management Plan, where referenced in this division. words struck through are deleted; words u~derlined are added. 3.15.4.-t-011. Deficient road segment means the following: 3.15.4.J,-Ol1. I. A county or state road segment on the major road network system that either: 3.15.4.-1-01_J.I.1.I. !!as an adopted LOS "C" peak season, peak hour, that has operated below LOS "C" peak season, peak hour, based on the annual update and inventory report CAUIR"}; or 3.15.4.1-011. I.2. Has an adopted LOS "D" peak season, peak hour, that has operated below LOS "D" peak season, peak hour, for two years or more based on the AUIR; or 3.15.4.t. O11.1.3. Has an adopted LOS "D" peak season, peak hour, that is operating below LOS "E", peak season, peak hour, based on the AUIR; or 3.15.4.J,-01].I.4. Has an adopted LOS "E" peak season, peak hour, that ~s operating worse than LOS "E" peak season, peak hour, based on the AUIR. 3.15.4.1--011.2. In determining the capacity of a county road segment or a state road segment for the purpose or dctermining whcther it is a deficient road scgmcn[, the county shall consider: 3.15.4.-14)11.2.1. Any capital road improvement currcn[ly in place; 3.15.41 .-l-011.2.2. Any capital road improvement that is under construction; 3.15.4.-I-OJ_!.2.3. Any capital road improvement guaranteed in an enforceable development agreement that includes the provisions in subsectlons 3.15.4.10.2.1 and 3.15.4.10.2.2.; 3.15.4.-t-011.2.4. The actual construction of the required capital improvement is included and is scheduled to commence in or before the third year of the state's five-ycar work program and the county's current five-year capital improvement schedule adopted as part of the growlh management plan; and 3.15.4.4-011.2.5. The board ofcounty commissioners has made an express finding, after a public heating, that the current five-year capital improvement schedule is based on a realistic, financially feasible program of funding from existing rcvcnue sources. 3.15.4.t4-12. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.4..1413. Development agreement has the meaning contemplated in F.S. §163.3220 et. seq. 3.15.4.-1-313. Developmen! has the meaning given it in F.S. §380.04. 3.15.4.4415. Development order means any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, fight-of-way permit, Words struck ~ ..... ~ are deleted; words underlined are added. blasting permit, excavation permit, construction approval for inffastruclurc (inchlding waler, sewer, grading, paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, cnaslal construction control line variance, trec removal permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments}, rczoning, PUD amendment, certification, conditional use (provisional use), variance, or any other official action of Collier County having the cffcct of pc~iUing dcvclnpmcnt as defined in this division. 3.15.4.~!~. /'Thai dcvdopment order means a final local development order or a ~nai DRI development order. 3.15.4.~i~. Final DRI development order means a dcvelopmcnt order, as amcnd~ from time to time, adopted by the board of county commissione~ of Collier County and approvcd by thc slate pu~uant to F.S. ~380.06, notice ofwhich is r~orded pursuant to F.S. ~380.06(I 5)(~. 3.15.4.~1~. Final local d~'elopment onlcr means any valid, uncxpircd building petit or mobile home tic-down petit issued by the county. 3.15.4,19. Growth management p/an or GMP means the most recently adopted and effective comprehensive plan of Collier County, as amended from lime to lime. 3.15.4.20. Land d~,e/opment re, rations mean ordinanc~ enacted by Colli~ County pursuant to F.S. ~]63/3161 ft. seq. , for the regulation of development, and includes any zoning, subdivision, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.4.21. Level of sen'ice (LOS) means an indicator of the extent or degree of sewice provided by, or proposed to bc provided by a public facility based on and related to the operational characteristics of the public facility, as adopted in the Collier County growth management Plan. LOS shall indicate the capacity per unit of demand for each public facility. 3.15.4.21,1. Leve/ of sen'ice calculations for roads mean calculations that arc perfamed annually following the end of Ihe calendar year by compa~ng average annual daily traffic counts to the annual average daily Iraffic seaice volume look-up tables in the traffic circulation clement. These tables are calculated to express the annul average daily traffic volumes based upon the 100th highest volume hour or the year, or peak season, peak hour. Annual average daily traffic (AADT) is generally calculated as the average of a daily 24-hour two-way volume, counted in cach of the four seasons or the year. On some low volume roads, a single annual count may be taken and factored to the annual average daily tra~c volume using a monthly or quakefly factor. 3, 15,4.22. LOS for capital drainagefitcilities varies among 1 ) new or existing capital drainage rncililics owned or operated by a local government or other public entity, 2) existing capital drainage facilities owned or operated by private persons, and 3) new capital drainage facilities owned or operated by private persons. For those capital drainage facilities (publicly or privately owned) that are in existence on the effective date of this division words struck 'h ..... ~ are deleted; words underlined are added. and for those new capital drainage facilities owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm return frequency event) in the Collier County Water Management Master Plan. For ncw capital drainage facilities owned or operated by private persons, Ihc LOS is identified in the drainage sub-clement and capital improvcmcnt clement policy I. 1,5.A.3 (prcscnt requirements arc a 25-ycar, three-day storm event) and is based on those standards and requirements for renewal and approval of drainage and stormwater management plans established in the Collier County Water Management Policy Ordinance, No. 74-50, as amended and Grdinance No. 90-10 which are incorporated herein by reference. 3.15.4.23. LOS for capital park facilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acrcs pcr/1,000 pcrsons for community park land; and $!22.00 $179.00 of capital investment per capita (at current cost) for rccrcational facilities. 3.15.4.24. I. OS for capital potable wetter ~tcilities varies between public water systems and private water systems. For public water systems, the LOS is 135 gallons per capita per day {gpcd), plus 21 pement for nonresidential development ('except in the Marco Water and Sewer District), making the LOS 163 gcpd. Thc LOS in the Marco Water and Sewer District is 200 gpcd {with no 21 percent adjustment). For private potable water systems, the LOS is as follows, except that approved private wells are exempt from these LOS requirements: T)7~e of Establishment Gdlons Per Day (GPD) Airports (a) Per passenger 5 (b) Add per employee 20 Barber and beauty shops (per chair) I00 Bowling alleys {toilet wastes only per 100 lane) Country club (a) Per resident member 100 {b) Per member present 25 {c) Per employee 20 Dentist offices (a) Per wet chair 200 (b) Per non-wet chair 50 Doctors office (per doctor) 250 Factories, exclusive of industrial wastes {gallons per person per shift) (a) No showers provided 20 (b) Showers provided 35 Food service operations {a} Ordinary restaurant (per seat) 50 (b) 24-hour restaurant (per seat) 75 (c) Single service articles only (per 25 person) {d) Bar and cocktail lounge (per 30 person) (el Drive-in restaurant (per car 50 space) (0 Carry out only Words struck thrcuSh are deleted; words underlined are added. 1. Per I00 square feet of floor 50 space 2. Add per employee 20 (g) Institutions (per meal) 5 ttotcls and motels (a) Regular (per room) 150 (b) Resort hotels, camps, cottages 75 (per person) (c) Add for establishments with self 400 service laundry facilities (per machine) Officc building (per employee per 8 20 hour shift) Type of Establishment Gallons Per Day (GPD) Service stations (per water closet and 250 per urinal) Shopping centers without food or 0. I laundry (per square foot of floor space) Stadiums, race tracks, ball parks (per 5 seat) Stores per square foot of floor space 0.1 Theaters (a) Indoor, auditoriums (per seat) 5 (b) Outdoor, drive-ins (per space) 10 Trailer/mobile home park (per lrailer 200 space Travel trailer/recreational vehicle park (a) Travel trailer (overnight), 75 without water and sewer hook-up (per trai let space) (b) Travel trailer (oremight), with 100 water and seer hook-ups (per trailer space) Swimming and bathing facilities, 10 public (per person) Churches (per seat) 3 Hospitals (per bed) 200 Nursing, rest homes (per bed) 100 Parks, public picnic (a) With toilets only (per person) 5 (b) With bathhouse, showers and 10 toilets (per person) Public institution s other than schools I00 and hospitals (per person) Schools (per student) (a) Day-type 15 (b) Add for showers 5 (c) Add for cafeteria 5 (d) Add for day school workers i 5 (e) Boarding-type 75 Work/Construction camps Semi-permanent (per worker) 50 Residences (a) single or multiple family (per 150 dwelling unit) one bedroom and 600 square feet or less heated or cooled area Words struck thrcugh are deleted; words underlined are added. dwelling unit) one bedroom and 600 square Feet or less heated or cooled area Two bedrooms and 601-1,000 300 square feet heated or cooled area Three bedrooms and 1.001-2,000 450 square feet heated or cooled area Four or more bedrooms and more 600 than 2,000 square fcct hcatcd or cooled area (b) Other (per occupant) 75 3.15.4.25. LOS for capital road facilities on the major road network system varies depending on the type of road, and is based on a defined peak season, peak hour. The LOS on the Following county roads is LOS "E" peak season, peak hour: Road ,S'egment Airport Road Pine Ridge Road to Golden Gate Parkway Golden Gate Pkwy Airport Rd. to Santa Barbara BIvd. Goodlctte-Frank Rd. Pine Ridge Rd. to Golden Gate Parkway Goodlette-Frank Rd. Golden Gate Parkway to U.S. 41 Pine Ridge Road Airport Road to 1-75 Vanderbilt Beach Rd, U.S. 41 to Gulfshore Drive On all other county roads on the major road network system, the LOS is "D" peak season, peak hour; however such a county road segment may operate at LOS "E", peak season, peak hour, for a period not to exceed two fiscal years so as to provide Collier County time to make the capital road improvements needed to restore the road to LOS "D" peak season, peak hour, or better. The LOS on state and federal roads shall be as follows based on peak season, peak hour: Krisling Urbanized Transittoning Road Rttra/ Area Area Urbanized Area 1-75 B.C' GD C-D US41 C D C SR-84 C D C SR-951 D C SR-29 C--D SR-82 C--D 3.15.4.26. LOS for capital sanita.rv seu,er fitcilities varies between public sanitary seer systems and private sanitary sewer systems. The LOS for public sanitary seer systems is 100 gallons per capita per day (gpcd), plus 21 percent for nonresidential development, making the LOS 121 gpcd. The LOS for private sanitary sewer systems is as required by the State of Florida in Chapter 10-D-6, F.A.C. These standards vary according to the type of rand use. They are as follo~vs, except that approved private septic systems are exempt from these LOS requirements: TJ~oe of Establishment Gallons Per Day (GPD) Words struck thrcu~k are deleted; words underlined are added. -89- Barber and beauty shop (per chair) 100 Bowling alleys ('toilet wastes only per 100 lane) Country club (a) Per resident member ! 00 (b) Per member present 25 (c) Per employee 20 Type of Establishment Gallons Per Day (GPD) Dentist office (a) Per wet chair 200 (b) Per non-wet chair 50 Doctors offices (per doctor) 250 Factories, exclusive of industrial wastes ('gallons per person per shift) (a) No showers provided 20 (b) Showers provided 35 Food service operations (a) Ordinance restaurant 9per seat) 50 (b) 24-hour restaurant (per seat) 75 (c) Single service articles only (per 25 person) (d) Bar and cocktail lounge (per 30 person) (e) Drive-in restaurant (per car 50 space (f) Carry out only: I. Per 100 square feet of floor 50 space 2. Add per employee 20 Hotels and motels (a) Regular (per room) lO0 (b) Resort hotels, camps, cottages 75 (per person) (c) Add for establishments with self 400 service laundry facilities (per ma- chine) Office building (per worker) 20 Service stations (per bay) 500 Shopping centers without food or 0. I laundry (per square foot of floor space) Stadiums, race tracks, ball parks (per 5 seat) Stores (without food service) (a) Private toilets, for employees 20 only (per employee) (b) Public toilets (per square foot of O. I floor space) Theaters (a) Indoor, auditoriums (per seat) 5 (b) Outdoor, drive-ins (per space) 10 Trailer/mobile home park (per trailer 200 space) Travel trailer/recreational vehicle park (a) Travel trailer (overnight). 50 Words struck ~ ..... ~ are deleted; words underlined are added. without water and sewer hookup (per trailer space) (h) Travel trailer (overnight). with l O0 water and sewer hook-ups (per trailer sp;,cc) Swimming and haftring facilities. I0 public (per person) Churches (per se:~t) 3 Type of E. vtabli.~hment Gallon.~ Per Day (GPD) Hospitals (per bed) 200 Nursing, rest homes (per person) 100 Parks, public picnic (a) With toilets only (per person) 5 (b) With bathhouse, showers and I0 toilets (per person) Public institutions other than schools 100 and hospitals (per person) Schools (per student) (a) Day-type ! 5 (b) Add for showers 5 (c) Add for cafeteria 5 (d) Add for day school workers 15 (e) Boarding type 75 Work/construction camps semi- 50 permanent (per worker) Residences (a) Single-family (per bedroom) 150 (b) Apartment (per bedroom) ! 50 (c) Mobile home not in a trailer 150 park (per bedroom) (d) Other (per occupant) 75 3.15.4.:27. LOS for capital solid waste facilities requires sufficient capital solid waste r.~cilifies to dispose of i.39 tons of solid waste per capita per year. In addition, the LOS requires two years ofland~ll lined cell disposal capacity at present fill rates and ten years of land~ll raw land capacity at present fill rates. 3.15.4.28. LOS "C"peak season. peak hour is in the range of stable flow, but marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by interactions with others in the traffic stream. The selection ofspeed is affected by the presence of other, . and maneuvering either the traffic stream requires substantial vigilance on the part of the user. The general level of comfort and convenience declines noticeably at this level. LOS "C" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by Special Report 209, "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. 3.15.4.29. LOS "D" peak season. pealc hour represents a high-density, but stable, flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. LOS "D" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by Special Report 209, "Highway Words struck through are deleted; words underlined are added. -91- Capacity Manual." Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. 3.15.4.29. I. LOS "E"peak season. peak hour represents operating conditions at or near capacity. All speeds are significantly reduced. Freedom to maneuver is difficult. Comfort and convenience is extremely poor. and motorist frustration is generally high. LOS "E" peak season, peak hour. is based on the 100th highest hourly traffic volumes during a calendar year for Ihc various types of roads defined by Specia[ Report 209, "Highway Capacity 3.15.4.30. Peak season, peak hour is considered to be lhe 100th highest volume hour of the year, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the 1985 Highway Capacity Manual (or its current edition). For planning and concurrency applications, peak season, peak hour conditions are converted to annual average daily traffic (AADT} level of service maximum volumes and are presented in a series of look-up tables adopted in the Irafile circulation element of the growlh management plan. 3.15.4.31. Major road network system means all arterial and collector roads within lhe total unincorporatcd Collier County. The major road network system is depicted in the traffic circulation element of the Collier County Growth Management Plan. 3.15.4.32. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity, and its designated agents, successors or assigns. 3.15.4.33. Pote,tially deficient road segment means the following: 3.15.4.33.1. A county or state road segment on the major road network system whose adopted LOS standard is LOS "C" or LOS "D", peak season, peak hour, that is presently operated at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hours, and has operated at LOS "E" peak season, peak hour, for two years or less, based on the AUIR. A potentially deficient road segment which has an adopted LOS "D" peak season, peak hour, may operate at LOS "E", peak season, peak hour, for two years before it shall become a deficient road segment. 3.15.4.33.2. A county or state road segment on thc major road network system whose adopted LOS standard is "E", peak season, peak hour, that is presently operating at LOS "E" peak season, peak hour, based on the AUIR. 3.15.4.33.3. In determining the capacity of a county road segment or a state road segment for the purpose of determining whelher it is a potcntially deficienl road segment, the county shall consider: 3.15.4.33.3. I. Any capital road improvement currently in place; 3.15.4.33.3.2. Any capital road improvement that is under construction; 3.15.4.33.3.3. Any capital road improvement guaranteed in an enforceable development agreement that includes the provisions in subsections 3.15.4.33.3.1 and 3.15.4.33.3.2; Words struck through are deleted; words Underlined are added. -92- 3,15.4.33.3.4. The actual construction of the required capital road improvemcnt is included and is scheduled to commence in or bcfore Ihe third year of the state's five-year work program and the county's current five-year capital improvement schedule adopted as part of the growth management plan; and 3.15.4.33.3.5. The board of county commissioners has made an express finding. after a public hcaring, that the current five-year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. 3.15.4.34. Public fitcilities mean capilal drainage facilities, capilal park facilities, capital potable water facilities, capital road facilities, capital sanitary seer facilities, and capital solid waste facilities. Sec. 3.15.5 Rules of construction. In the construction of Ihis division, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest inlent of the Collier County Board of County Commissioners. The rules of construction and definitions set forth herein shall not be applied to any provisions which expressly exclude such construction, or where the subjecl mailer, content or context of such provisions would make such construction internally inconsistent or inconsistent with other provisions of this division. 3.15.5.1. Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the Collier County Board of County Commissioners may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. In the interpretation and application of any provision of this division it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this division imposes greater restrictions upon the subject matter than a general provision imposed by the growth management plan or another provision of this division, the provision imposing the greater restriction or regulation shall be deemed to be controlling. 3.15.5.2. Text. In case of any difference of meaning or implication bclwcen the Icxt of this dMsion and any figure. the text shall control. 3.15.5.3. Computation of time. lhe time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is Saturday, Sunday or legal holiday, that day shall be excluded. 3.15.5.4. Day. The word "day" shall mean a calendar day, unless "business" day is indicated. 3.15.5.5. Ddegation of attthoriO,. Whenever a provision appears requiring a division administrator, the head of a_ department o,c o.../r some other county officer or employee to do some act or perform some duty, it is to be construed to authorized the dMsion administrator, head of the department or some other county officer or employee to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. Words struck ....... ~ are deleted; words underlined are added. -93- 3.15.5.6. Gemler. Words importing Ihc masculine gender shall be construed to includc the feminine and neuter. 3.15.5.7. Month. The word "month" shall mean a calendar month. 3.15.5.8. Non-technica! aml/ech,ictd words. Words and phrases shall bc construed according to the common and approvcd usage of the language, but technical words and phrases 4nd such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 3.15.5.9. Number. A word importing the singular number only, may extend and bc applied to several persons and Ihings as well as to onc person and thing. The use ofthe plural number shall be deemed to includc any singlc person or thing. 3.15.5.10. Shall may. The word "shall" is mandatory; "may" is permissive. 3.15.5.1 I. Tense. Words used in the past or prcscnt tcnsc include the Future as well as the past or proscot. 3.15.5.12. treek. The word "wcck" shall mean scvcn calcndar days. 3.15.5.13. iYritten or in writing. The tcrrn "written" or "in writing" shall bc construcd to include any representation or words, Icttcrs, or figurcs whcthcr by printing or other Form or method of writing. 3.15.5.14. Year. The word "year" shall mcan a calendar year, unless a fiscal ycar is indicated or 365 days is indicated. Sec. 3.15.7 Management and monitoring program. 3.15.7.1. Ge, era/. In order to cnsurc that adcquatc potable water, sanitary scwcr, solid waste, drainage, park and road public facilities arc available concurrent with when the impacts of dcvclopmcnt occur on such public Facilities, the county shall cstablish the Following managcmcnt and monitoring practices. Their purpose is to evaluate and coordinate thc timing. provision, and Funding of potable watcr, sanitary sewcr, solid waste, drainage, park and road public facilities (!) to cnsurc adequate planning and funding to maintain the LOS For the public Facilities, and (2) to cvaluatc the capacity of the public racilitics For use in the rcgulatory program to cnsure that no dcvclopmcn[ orders subject to concurrency regulation arc issued unlcss adequate public Facilities arc available to scrvc the development concurrent with when the impacts of that dcvclopmcnt OCCUr. 3.15.7.2. Attnttal tipdate and inventoo' report on pttblic fitcilities (AUIR). On or about August I of each year, the grewt~ ma::agement e~ief Community Development and Environmental Services Division Administrator shall complete an annual update and inventory report on public facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years, Words struck through are deleted; words underli. Bed are added. -94- and identify new projects needed Io maintain adopted LOS. The forecasts shall bc based on tbc most recently updated schedule of capital improvements (public facilities) for each public facility. The AUIR shall bc based on the most recent bureau of economic and business rcscarch (BEBR) high-range population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most rcccnt traffic count data. The findings of the AUIR shall form thc basis for the preparation of the annual update and amendment to thc CIE, any projects to bc included in the county's annual budget, Ihc dctcrmination of any area of significant influence (ASI) and the review of and issuance of development orders subjcct to the provisions of this division during the next year. 3.15.7.2.1 .4nnual determination of adequate "Catego.rv A" public facilities (concttrrenc)9. On or about August I of each year, the grc;;~h ma.':agemcnt chief Community Development and Environmental Scrviccs Division Administrator will present the AUIR rcport to the board of county commissioners identifying deficiencies pr potential deficiencies in "Category A" public facilhjcs and remedial action options including hut not limited to the following: I. Establishment of areas orsigni~cant influence (ASI's); 2. Public facility project additions to Ihc CIE; 3. Dcrcrral ordcvclopmcnt order issuance in affected areas pending: * a. Lowcring of LOS via growth management plan amendment; b. Inclusion of necessary public facility projects in the adopted annual budget and annual CIE update and amendment; c. Approval of neW or increased revenue sources for needed public facility projects by the board of county commissioners, the state legislature or the county voters. 3.15.7.3 Reco,tmendations on the atmttal CIE update attd atmual bridget. Based upon the AUIR analysis, the gre':::h m3nagem:.".: oh!or Community Development and Environmental Sen'ices D/vision Administrator shall propose to the Collier County Planning Commission and the Board of County Commissioners on or about October I of cach year, thc annual update and amendment to thc C1E as part of lhc annual growth management plan amcndmcnt cycle transmitlal public hearings. It will include the public facilities needed to maintain LOS as directed by Ihc board of county commissioners upon presentation of the AUIR. The annual budget, which is to be adopted by October I of each year shall also include projects and fimding as directed by the board upon presentation of the AUIR. 3.15.7.4 Establishment of area of signi~cant influence (ASl) for roads. 3.15.7.4. i Establish.tent of area(s) of sig. i~cant in~ttence MSI). If the finding of the AUI analysis identify additional road improvement projects needed to words struck through are deleted; words underlined are added. -95- maintain adopted LOS, Ihcy may be included in the road component ofthe proposed annual CIE update and amendment at the discretion orthc hoard. Based upon board direction on incl,sion of additional road projccls, Ihc ........ '- man."gement c!'.i~rCommnnity Development and Environmental Services Division Administrator, in conjunction with thc MPO chicrand Iransportafion services ;:~L:fi::i:;:r;:~ar dcpannlcnl director may propose and idcn[i ry onc or marc areas oF signi ticant in~ucncc (AS/) aronnd any deficient or potentially deficient road scgmcnt (except whcrc such potentially deficient road segment is projected not to exceed its adopted LOS within the first three years oFthc rive-year schcdulc oFcapital improvements in the fIE up date and amendment purposcd For transmittal on or about October I, and the estimated annual residual capacity trips that would bc allocated to thosc applicants For certificates orpublic facility adequacy within the ASI cncompassing such potentially deficient road segment durin~ the next year docs not exceed the remaining trip capacity). The boundaries or any AS! shall bc established pursuant to the standards in subsection 3.15.?.4.2. or Ihis division along with the annual residual capacity trips covering potentially deficient road scgmcnls For each ASI by September ! oFcach )'car. No residual capacity trips shall be allotted rot dcvclopmcnt in an ASI encompassing a dcficicnt road segment. 3.15.?.4.2. SI,ndurds in estahlisMn~ ,red of $ignific, nt influence MSI). 3.15.?.4.2.1. Generd. The boundarics For an ASI shall be bascd upon an "cnvclopc" that surrounds major road segments. In general, the ASI surrounding a road segment will radiate out from the scgmcnt a distance oFone Io three milcs, depending upon natural or manmade Fcaturcs, roadway Facility type. Additionally, thcre may bc an overlap or ASrs due to the effect of adjacent land uses upon a roadway segment or segments. 3.15.?.4.2.2. Sumdards ill detert~tinin~ are(I of si~niJTcant inJZucnce (.4S1). The mana.?.~ment chicfCo. mm. uni~y DCve!0pmcnt and Environmental Services Division Administrator in conjunction with the MPO chiefand transportation services =dminis'.r."tcr department director shall examine traffic movement patterns and shall then prepare a map(s) that dclaiis the locadon or thc proposed ASl(s). Such map(s) shall then be presented to the board oFcounty commissioners at a regularly scheduled meeting For its review. The following standards shall guide the F, rc:;':h m".':-%;emen'. ch!=.r Community Development and Environmental Sen'ices Division Administrator MPO chiefand transportation services "-Jmi.",ic'.r-',-.'cr department director in developing these proposed ASrs: Type of Roadway Facility Scope of ASl Principal Arterial Three miles on each side of affected segment and three miles From each end of affected segment. T)pe of Roadwtty Facility Scope of ASl Minor Arterial Two miles on each side of affected segment and two miles for each end of affected segment. Words st .... '- ~ ..... ~ are deleted; words underlined are added -96- Minor Ancrlal Two miles on each side of affected scgmcnt and two miles for each cad of affected segment. Collector One mile on each side or affected segment and one mile from each end of affected segment. Rural Minor Collector One mile on each side of alTcctcd segment and one mile from each end of affected segment. Limited Access Facility One mile from each side of the affected segment and three (3) miles from any access point and each segment end. 3.15.7.4,2.3. DetermininganmtalresMttalcapucitytrips. The grc;;'th ..":.-'-.':-'-~;e..'~.e.':.t -~.:~efCommunity Development and Environmental Services Division Administrator in conjunction with the MPO chief and transportation services :dminictmtcr department director shall complete a detailed conditions analysis of the deficient or potentially deficient road segment within each proposed ASI boundary prior to proposing the boundaries of the ASI. The analysis shall take into consideration characteristics orthc road segment (such as traffic control, signal spacing, timing, and phasing) using procedures documented in the 1985 Highway Capacity Manual (or its curTent edition). The annual residual capacity trips for the proposed ASI covering the potentially deficient road segment shall be based upon up to 100 percent of the potentially deficient road segmcnt's remaining capacity, measured in peak hour, peak season trips. Thirty percent of the potentially deficient road segment's remaining capacity shall be reserved for only those land uses which generate one peak hour trip per day or less, based on the most recent ITE Trip Generation Rate Manual. 3.15.7.4.3. Review antl approval by board of COlt/fly commissioners. After receipt of the proposed boundaries of a potential ASI and the proposed residual capacity trips of the ASI from the gro':.'th m~n=geme.-:.t chiefCommunlty Development and Environmental Services DivisiOn Administrator the board of county commissioners, by October ! of each year, shall hold a public hear/ng noticed pursuant to the requirements of F.S. §125.66(5), and after consideration of the proposal and public comment, approve the boundaries (including a map of the boundaries) and the annual residual capacity trips of the ASI, with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not potentially deficient and determine that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved boundaries and annual residual capacity trip allotments for each ASI will become effective on October I of each year if additional road improvements are not added to the capital improvement element at that time. 3.15.7.4.4. Mctp of areas of significant infittence (.4SI). A map showing the boundaries of each ASI established by the board of county commissioners shall be kept in the cf.qee ^c,~. ........ ~. .......... chlefCommunitv Development and Environmental Service Division and the office of the Words struck '~ ..... ~ are deleted; words underlined are added -97- 3.15.7.4.5. Dttrtttion of established ttreG of s~ni~cttnt itt~ttence (A.~D. Once the boundaries of an ASI are approved by the board of county commissioners. they are valid for one year, unless otherwise dissolved. 3.15.7.4.6. Durtttion ofrcshhtal capadO' trips. Once the road facility residual capacity trips are approvcd by the board of county commissioners. they arc valid for one year. 3.15.7.4.7. Dissohttion of area of significant i~ttence ,4,57. If the additional needed road improvements identified in the AUIR arc added to the CIE or funds are available for, and commilted for construction of, the needed road improvements to eliminate the classification of a road as a deficient or potentially deficient road segment, then Ihc area ofsigni fic:mt influence (ASI) established for Ihat deficient or potentially deficient road segment shall be dissolved in the same manner in which it was established. See. 3.15.8. Regulatory program: review of development to ensure adequate public facilities are available. 3.15,8.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts ofdevclopment occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 3.15.8.2. Exemptions. The following development orders and development shall be exempt from the terms of this division: 3.15.8.2.1. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: 3.15.8.2.1. I. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order; 3.15.8.2.1.2. Substantial deviations are sought for a DRI development order, and then, this division shall apply only to those portions of the development for which the deviation is sought; 3.15.8.2.1.3. An overriding concem for public health, safety, or welfare exists; 3.15.8.2.1.4. The county can demonstrate pursuant to F.S. §380.06, that substantial changes in the conditions underlying the approval oflhe development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this division to the development order is clearly established to be essential to the public health, safety and welfare; or 3.15.8.2.1.5. lhe new requirements would not so change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 3.15.8.2.2. Construction of public facilities that are consistent with the Collier County Growth Management Plan. Words struck t,hrcug,h are deleted; words underlined are added. 3.15.8.2.3. Any development ordcrs dctcrmincd by the gre;;'t.h mancgem.-.q'. eh!:f Communi{y Development and ErWironm.ental Services Division Administrator not io impact public facilities as evaluated against the standards contained in this division. 3.15.8.2.4. Original temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one ycar. management plan. 3.15.8.2.6. Original temporary use permits and any subsequent renewals not to exceed a cumulativc period of one year. 3.15.8.2.7. Any development order or dcvclopmcnt whose current owncr is cntitlcd to receive, and who properly obtains, a determination of vested rights for adequate public facilities ("APF") in accordance with thc provisions of this section 3.15.8.2.8. 3.15.8.2.7.1. Application. An application for determination ofvcstcd rights for APF shall bc submitted in the form cstablishcd by the ~ eseAefCommunity Dcvcbpmcnt and Environmental Services Division Administrator. An application fee in an amount to be determined by the board of county commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.8.2.7.1.1. Name, address, and telephone number of the owner and authorized applicant if other than thc owner; 3.15.8.2.7.1.2. Street address, legal description, and acreage ofthc property; and 3.15.8.2.7.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in section 3.15.8.2.7.7. 3.15.8.2.7.2. Determination ofcomp/cteness. After rcccipt of an application for determination of vested rights for APF, the grc;;'th ....... ~, .............. Community Development and Environmental Services Division Administrator shall determine whether the application submitted is complete. If he determines that the application is not complete. the gre"'th mana-ement e!;iefCommunity Development and Environmental Services Division Administrator shall notify the applicant in writing of the deficiencies. The ....... ~ chief Community Development and Environmental Services Division AdministraTor shall take no further steps to process the application until the deficiencies have been remedied. 3.15.8.2.7.3. Review and determination or recommendation by Commttnitv Development and Environme.tal Services Divisio. Aclministrator and tile cottnt)' atlorne)'. Aflcr receipt of a completed application for determination of vested rights for APF, the gre;;'th management ch!ef Community Development and Environmental Services Division Administrator and the county attorney shall review and evaluate the application in light ofall of the criteria in section 3.15.8.2.7.7. Based on the rcview and evaluation, the ....... ~' .......... chiefCommunity Development and Environmental Services Division Administrator and the county attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with words struck 'u ..... u are deleted; words underlined are added. -99- conditions by Ihc hearing officer. Such recommendation shall include findings or fact for each or the criteria established in scction 3.15.8.2.7.7. to the extent that information is presented or obtained or inclusion feasible or applicable. Ifthc ~rc';;t!: nv.'n-"-~ement c!:ierCommunity Development and Environmenial Services Division Administralor and Ihc counly attorncy agree based on Ihc review and evaluation that Ihc application for determination orvcstcd rights for APF so clearly should bc granted or granted with conditions, Ihcn they may cater inlo a wriltcn slipulatcd determination orvcstcd rights rot APF with the owner, in lieu orthc writtcn recommendation 1o lhc hearing officer and thc provisions in sections 3.15.8.2.?.4, 3.15.8.2.7.5. and 3.15.&2.7.6. !!owcvcr, any such stipulatcd dctcrmination shall bc in writing, signed by the "rc':.'th ,."':.~:n::g~..'~.e.-.t chiefCommunity Development and Environmental Scrviccs Division Administrator the county attomcy and Ihc owner, and shall include findings or fact based on thc criteria cstablishcd in scclion 3.15.8.2.?.7., conclusions or law for such criteria, and thc determination granting or granting with conditions, in whole or in part, the vcstcd rights for adcquatc public racilitics. 3.15.8.2.7.4 Review and Determination of Vested Rig/~ts Determination for ,4PF hearing officer. Upon receipt by the Hearing Officer of the Application for Determination of Vested Rights for APF and the written recommendation of the c. ...... ~ ~ .......... c.h;~r CommunitY Development and Environmental Services Division Administrator and the County Attorney, the Hearing Officer shall hold a public hearing on the application. At the hearing, the Hearing Officer shall take evidence and sworn testimony in regard to the criteria set forth in Section 8.2.7.7, and shall follow the rules of procedure set forth in Section 120.57(I )(b). 4. 6, 7, and 8. Florida Statutes. and Section 120.S8(I)(a),(d) and (0. Florida Statutes, and Section 120.58(I)(b), Florida Statutes, only to the extent that the Hearing Officer is empowered to swear witnesses and take testimony under oath. The Hearing Officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022. 2.023, 2.024, 2.025, 2,027. and 2.031. Florida Administrative Code except as expressly set forth herein. The parties before the Hearing Officer shall include the County, the owner or applicant. and the public. Testimony shall be limited to the matters directly relating to the standards set forth in Section 8.2.7.7. The County Attorney shall represent the County. shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to Ihe proceedings and criteria. The order of presentation before the Hearing Officer at the public hearing shall be as follows: I) the County's summary of Ihe application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) County rebuttal, if any; and 5) applicant rebuttal. ifany. 3.15.8.2.7.5. Issuance of vested rights determination for APF by hearing officer. Within fifteen (15) working days after the completion of Ihe public hearing under Section 8.2.7.4, the Hearing Officer shall consider the Application for Determination of Vested Rights for APF, Ihe recommendation of the c:. ...... ~ ~,~ ......... r.h:~c Community Development and Environmental Services DivisiOn Administrator and the County Attorfiey, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in Section 8.2.7.7, and shall den>', grant, or grant with conditions the Application for Determination of Vested Rights for APF for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each Words struck 'u ..... ~ are deleted; words underlined are added. -100- of the applicablc criteria cstablishcd in Section 8.2.7.7, conclusions of law for cach of such criteria, and a tictermination dcnying. granting, or granting whh conditions, in wholc or in part the vcstcd rights for adequate public facilitics. 3.15.8.2.7.6 /tppcttl to I/,c I, ottrel e~ ctm.ly cr, m.ti.v.~'io.cr, v. Wilhin Ihirty (30) days after issuance of the Hearing OITiccr's written determination of vested rights t'or APF. thc County Attorney. thc r:. ...... ~. ~ .......... Community Development and Environmental Services Division Administrator, or thc owner or its authorized attorncy or agent, may appeal thc determination or vested rights For APF of the [|caring Offlccr to thc Board oFCounty Commissioners. A fcc for the application and processing of an owner-initiated appcal shall bc cstablishcd at a rate set by the Board of County Commissioners from lime to timc and shall bc charged to and paid by the owner or ils authorized agent. The Board of County Commissioners shall adopt thc Itcaring Or~ccr's determination of vcstcd rights for APF, with or without modirlcations or conditions. or reject the Hearing Officcr's determination of vested rights For APF. The Board or County Commissioners shall not bc authorized to modify or reject [lcaring O]'ficcr's dctcrmination of vcstcd rights for APF unlcss the Board of County Commissioners finds that the Hearing Ofriccr's determination is not supported by substantial compctcnt cvidcncc in the record or the l-fearing Of~ccr's public hearing or Ihat the I!caring OFficcr's determination of vested rights For APF is contrary to the criteria established in Scction 8.2.7.7. 3.15.8.2.7.7. Cr//eriafor Yc.vted Rigl, i This section is intcndcd to strictly adhere to and implement existing case law and statutory law as they relate to the doctrine of vested rights and cquitablc cstoppcl as applied 1o a local government cxcrcising its authority and powers in zoning. the provision or adcquatc public facilities concurrcnt with dcvclopmcnt (concurrency), and relatcd matters. It is the express intent of Collier County to require application of the provisions of this Ordinance to as much development and property in the unincorporatcd areas of the County as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly Section 163.3167(8). Florida Statutes. The criteria herFin provided shall bc considered in rendering a vested rights determination under this scction. It is intended that each case bc decided on a case by case factual analysis. An owner shall be entitled to a positive determination of vested rights for APF only if hc demonstrates by substantial competent cvidcncc that hc is entitled to complete his dcvclopmcnt without regard to the othcrwisc applicable provisions of this Ordinance based on the provisions of Scction 163.3167(8). Florida Statutes, or all three of the rollowing requirements of the three-part test under Florida common law: I ) Upon some act or omission of the County. 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would bc highly inequitable and unjust to destroy the rights acquired. 3.15.8.2.7.8. Limits/lion o,.t detcrmi/,/I/o, of ve..vted rig/t/x for ,4PF. A Determination of Vested Rights for APF which grants an application for dctcnnination or vested rights for APF shall expire and bc null and void unlcss construction is commcnccd pursuant to a final development order. final subdivision plat, or final site dcvelopmcnt plan, within two (2) years after the issuance of the determination of vested rights for APF under this Section 8.2.7. or unless substantial permanent buildings have been, or are being constructed Words struck ~u ..... u are deleted; words underl~ne<~ are .added. -101- or installed pursuant to a valid, uncxpircd, final dcvclopmcnt order or Collier County within two (2) years after issuance of the determination or vested rights for APF under this Section 8.2.7., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit dcvclopmcn[ master plan is continuing in good faith. The aforementioned two (2) year time limitation on the determination of vested rights for APF shall bc stayed during any lime periods within which commencement of constrtlction pursuant 1o a final dcvclopmcnl order, final subdivision plal. or final site development plan is prohibited or deferred by the County solely as a result of lack of adequate public facilities to serve the property. pursuant to this Ordinance. 3.15.8.3. Cerl~cate of Pttl~lic FttciHty Adeqttac),. 3.15.8.3.1. General. 3.15.8.3.1.1. A valid, unexpired Certificate of Public Facility Adequacy shall be obtained at the filing for Ihe earliest or next to occur of final subdivision plat, final site development plan or building permit, provided however, any development orders except a final local development order may be approved or issued provided they are expressly conditioned on the issuance of a Certificate of Public Facility Adequacy prior to building permit approval and provided the owner and applicant proceed at their own risk and expressly waive and release the County in writing from any and all future claims of vested rights and equitable estoppcl resulting from such conditional approval or actions relying thereon. 3.15.8.3.1.2. At the applicant's request, the County shall review and approve, or deny, an Application for a Certificate of Public Facility Adequacy prior to the consideration of an Application for Development Approval for any development order needed for a proposed development prior to receipt of a final subdivision plat approval, final site development plan approval, or building permit approval. 3.15.8.3.1.3. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this Ordinance, a Certificate of Public Facility Adequacy shall be obtained prior to approval of the next development order required for the proposed development. 3.15.8.3.1.4. All applicable impact fees and system development fees for a development shall be paid into the Impact Fee Escrow Trust Fund in Ihe amount estimated to be due upon issuance of the building permit(s) for the development upon or prior to issuance of a Certificate of Public Facility Adequacy for the development, except in the instance of a simultaneous application for a building pennit(s) and a Certificate of Public Facility Adequacy in which case(s) all applicable impact fees and system development fees will be paid directly into the appropriate impact fee fund at the time the building permit(s) and Certificate are picked up by the applicant. The payment of the estimated impact and system development fees into the Impact Fee Escrow Trust Fund shall be applied as a credit towards the impact and system development fees calculated and due upon issuance of the building permit(s) for the development. Impact and system development fees paid into the Impact Fee Escrow Trust Fund shall be refundable upon written request to the Grcwth ,M-"-r:age,T. ent. Chizf Community Development and Environmental Services Division Administrator accompanied by the surrender of the original Certificate of Words struck through are deleted; words underlined are added. -102- Public Facility Adequacy obtained prior to issuance of building permit(s) for the development. Fccs paid upon issuance of building permit(s) in accordance with Ihc applicable impact fee or system dcvclopmcnt fee ordinances shall be rcfi,ndable purs.ant to the provisions of such ordinances upon written request to the Finance Director. Clerk t ,'Courts. 3.15.8.3.2. Rules of general applicahiliO,for certOTcate of p.~lic.fitcil/ty adequacy. 3.15.8.3.2.1. Tinting, An Application for a Ccrli~cate of Public Facility Adequacy may be submitted at any time, subject to Section 8.3.1.1. 3.15.8.3.2.2. Consolidtaed application. A building permit, final subdivision plat or final site development plan shall receive final approval only to the extent to which the proposed development receives a Certificate of Public Facility Adequacy. The Application for a Ccrti~cale of Public Facility Adequacy may be submitled with an Application for Development Approval, where appropriate under this Ordinance. 3.15.8.3.2.3. /~ssignahility and transferability. A Certificate of Public Facility Adequacy shall run with the land, shall be assignable within a proposed development, and shall not be assignable or :ransfcrable to other development, 3.15.8.3.2.4. Expiration. A Certificate of Public Facility Adequacy shall expire three (3) years from Ihe dale 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, provided: 3.15.8.3.2.4.1. For development comprised of more than five hundred (500) residential dwelling units, or for a phased increment of development comprised of more than one hundred and fi fly (150) residential dwelling units. or for a commercial/industrial development of more than 100,000 square feet of gross leasable area, a Certificate of Public Facility Adequacy shall expire five (5) years from the date of its approval except to lhe extent that building permits have been issued for the proposed development for which the Certificate is approvcd. and the proposed development is then completed pursuant to the terms of the Collier County Building Code. provided the certificate holder: 3.15.8.3.2.4.1.1. Obtains approval ofits Final Subdivision Plat and Final Site Development Plan, whichever is applicable, within twelve (12) months from the date of issuance of the Certificate of Public Facility Adequacy; and 3.15.8.3.2.4.1.2. Commences construction of the infrastructure for the Final Subdivision Plat and Final Site Development Plan, whichever is applicable. within twenty-four (24) months from the date of issuance of the Certificate of Public Facility Adequacy; and 3.15.8.3.2.4.1.3. Completes lhe construction of the infrastructure for the Final Subdivision Plat and Final Site Development Plan, whichever is applicable. and records the Final Subdivision Plat in the public records of Collier County. if applicable, within thirty-six (36) months from the date of issuance of the Certificate of Public Facility Adequacy. 3.15.8.3.2.4.2. For purposes of determining the expiration of a Certificate of Public Facility Adequacy for a mixed use development, the size of the mixed use development shall be determined by aggregating the percentage of the Words struck through are deleted; words underlined are added. -103- threshold for each land use component identified in Scction 8.3.2.4.1 that is proposed for the mixed use development. 3.15.8.3.2.5. Effect. Issuance or a Certificate of Public Facility Adequacy shall demonstrate proof or adequate public facilities to serve the development approvcd in the dcvclopmcnl order, subject to the conditions in the development order. A subsequent Application for Development Approval for development approvcd in a development order for which a Ccnificatc of Public Facility Adequacy has hccn approvcd shall be dctc~incd have adequate public facilities as long as the Ce~i~cale of Public Facility Adequacy is valid and uncxpircd. When a Ccfli~cate of Public Facility Adequacy expires, any subsequent Application for Development Approval shall require a new Certificate of Public Facility Adequacy to be issued pursuant to the tess of this section prior to approval of any subsequent development order for the proposed development. 3.15.8.3.2.6. An~hing in this Ordinance to the contra~ notwithslanding, all Certificates of Public Facility Adequacy approvcd or issued from the date that the ~ ...... u ~ ............. r,.:~r Community Development and Environmenlal ~cmices Division AdministratOr presents the proposed ASI bounda~ maps to the Board of County Commissione~, as provided by Section 7.4.2.3, through the date that ~c boundaries and Ihe Annual Residual Capacity Trip Allotments for each ASI are approved by Board shall be expressly conditioned upon any and all restrictions, limitations, provisions, boundaries and allotments adopied by the Board of County Commissioners pursuant to Section 7.4.3. 3.15.8.3.3. Effect of D~elopment ~greement in Conjunction with a Cert~cate Public Facility ~deqzta~. Upon approval by the Board of County Commissioners, any applicant may enter into a Development Agreement with Collier County pursuant ~o the provisions of Section 163.3220-3242, Florida Statutes, in conjunction with the approval of a development order and/or a Certificate of Public Facility Adequacy. The effect of the Development Agreement shall be to bind the panics punuant to the terns and conditions of the Development Agreement and the Ce~ificate Public Facility Adequacy in order to insure lhat adequate public facilities are available to sere the proposed development concurcot wilh when the impacts of Ihe development occur on the public facililies. Development Agreements may address conditional development order approvals and conditions for renewal of the Certificate of Public Facility Adequacy beyond five (5) years, however, lhe duration of any Ccflificate of Public Facility Adequacy shall not exceed five (5) years. Development Agreements may also provide for private provision of public facilities or for a joint endeavor between the private sector and Collier County provide public facilities. Any public facility in the Five (5) Year Schedule of Capital Improvements in Ihe CIE on which such a Certificate of Adequate Public Facilities is made in conjunction with the approval of a development order and a Development Agreement shall not be delayed, deleted, or removed from the Five (5) Year Schedule of Improvements in lhe CIE. 3.15.8.3.4. Procedure for Revie~v of Hpplication. 3.15.8.3.4.1. Submission of application and fee. An Application for a Certificate of Public Facility Adequacy shall be submitted to ~e ~ ...... ............... ~ ........ Chief Community Development and Environmental Seaices Division Administrator. An application shall be submitted at the filing of the earliest or next to occur of final subdivision plat, final site developm~t Words struck ~ ..... ~ are deleted; words underlined are added. -104- plan, or building permit. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. 3.15.8.3.4.2, ,4pplictttion contents. The form and contents For Ihe Application for Public Facility Adequacy shall be established by Ihe re. ...... ~. ~.¢ C~ie,c Community Development and Environmental Services Division Administrator and shall be published and made available Io the general public. 3.15.8.3.4.3. Determination of completenes.~ atul review. After receipt of an Application for Certificate of Public Facility Adequacy, the ~¢ .......... C~!ef Community Development and Environmental Services Division Administrator shall determine whether it is complete within three (3) business days. If it is determined that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The r.. ..... ~. ~,,f ......... r'~,:~c Community Development and Environmental Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. Within five (5) business days after the application is determined to be complete, the ~ ...... "~' .......... Ch!:r Community Development and Environmental $erv ces Div sion AdminiStrator shall review and grant, or deny each public facility component in the application pursuant to the slandards established in Section 8.3.5. 3.15.8.3.4.4. .4ppeal to Public Facilities Determination ,4ppeal Committee. Within thirty (30) days alter issuance of the determination of the .~.{anageme,":t ChiefCommunity Development and Environmental Services Division Administrator on the Application for a Certificate of Public Facility Adequacy, the applicant may appeal the determination of the r: ......~. ~,,f .........r~:,r Community Development and Environmental Services Division Administrator on the Application for a Certificate of Public Facility Adequacy to the Public Facilities Determination Appeal Committee. A fee for the application and processing of an appeal shall bc established at a rate set by the Board of County Commissioners from time to time and shah be charged to and paid by the applicant. The Public Facilities Determination Appeal Committee shall hold a hearing on the appeal and shall consider the determination or the ~ ...... ~- ,~ Chief Community Development and Environmental Services Division Administrator and public testimony in light of all the criteria set forlh in Section 8.3.5 of this Ordinance. The Public Facilities Delermination Appeal Committee shall adopt the Cr~;';th .~.'f.=rmgeme.~t Chie.r"c. Community Development and Environmental Services Division Administrator's determination on the Application for a Certificate of Public Facility Adequacy with or without modifications or conditions, or reject the re. ......~, ~,~ ......... r,.:^r,. Community Development and Environmental Services Division Administrator's determination. The Public Facilities Determination Appeal Committee shall not be authorized to modify or reject the re. ...... ~. ,,f ......... r,.:.r,. Community Development and Environmental Services Division Administrator's determination unless the Public Facilities Determination Appeal Committee finds that lhc determination is not supported by substantial competent evidence or that the c':. ...... ~. ~¢ ......... r,k;.r.. Communily Development and Environmental Services Division Administrator's determination is contrary to the criteria established in Section 8.3.5 of this Ordinance. The decision of the Public Facilities Determination Appeal Committee shall include findings of fact For each of the criteria. Words struck through are deleted; words underlined are added. -105- 3.15.8.3.4.4. I. Composition of Public Facilities Determination ,4ppeal Committee. The Public Facilities Determination Appeal Committee shall be comprised of Ihrec (3) members: the Office of Capital Projects Management Director. or his designee; Metropolitan Planning Organization (MPO) Coordinator. or his dcsignec; and Ihe Project Review Services Manager. or his designce. 3.15.8.3.4.5. Ctmcelhttion of certificates. Upon notification by the Mm~::i;eme,~t C~:!ef .Community Development and Environmental Services Division Administrator or his alesignet, that an application for a Ccrli~catc or Public Facility Adequacy has been approvcd and a Certificate issued, the applicant shall have thirty 1'30) calendar days Io pick up the Certificate and pay all applicable impact and system development fees. If the applicant fails to pick up the Certificate and pay Ihc appropriate fees within twcnly 1'20) calendar {lays of notification of approval, a second notification of pending cancellation of the Certificate will bc sent to the applicant by certified mail. If the applicant does not pick up the Certificate and pay all applicable fees within ten (I 0) calendar days of notification by certified mail. the Certificate will be voided. !n such a case, the applicant shall then be required to apply for issuance of a new Certificate, Certificates issued simultaneously with building permits shall be voided if the applicant fails to pick up the building permit and fails to pay all applicable fees within the time period during which such building permit(s) remain(s) valld. 3.15.8.3.5. Standards for revie~v of application. The following standards shall be used in the determination of whether to grant or deny a Certificate of Public Facility Adequacy. Before issuance of a Certificate of Public Facility Adequacy, the application shall fulfill the standards for each Public Facility component (Potable Water, Sanitary Sewer, Solid Waste. Drainage, Parks and Roads). 3.15.8.3.5.1. Potable water facilities. 3.5.1.1 The Potable Water component shall be granted if any of the following conditions are met: 3.15.8.3.5.1.1. The Potable Water component shall be granted if any of the following conditions are met: 3.15.8.3.5.1.1.1. The required Public Facilities are in place at the time a building permit is issued. 3.15.8.3.5.1.1.2. The required Public Facilities arc under construct/on at lhe time a building permit is issued. 3.15.8.3.5.1.1.3. The required Public Factlilies arc guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3,5.1.1.1 and 8.3.5.1.1.2. 3.15.8.3.5.2. Sa,itary Sewer Facilities. 3.15.8.3.5.2.1. lhc Sanitary Sewer component shall be granted if any of the following conditions are met: 3.15.8.3.5.2.1.1. The required Public Facilities are in place at the time a building permit is issued. 3.15.8.3.5.2.1.2. The required Public Facilities arc under construction at the time a building permit is issued. Words ztruc]{ '= ..... ~ are deleted; words Underl~nec~ are added. -106- 3.15.8.3.5.2.1.3. The required Public Facilities are guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.2.1.1 and 8.3.5.2.1.2. 3.15.8.3.5.3. Solid lraste Facilities. 3.15.8.3.5.3.1. The solid waste component shall be grantcd if any of the following conditions are met: 3.15.8.3.5.3.1.1. The required Public Facilities arc in place at the time a building permit is issued. 3.15.8.3.5.3.1.2. The required Public Facilities are under construction at the time a building permit is issued. 3.15.8.3.5.3.1.3. The required Public Facilities are guaranteed in an enforceable development that includes the provisions of Subsections 8.3.5.3.1.1 and 8.3.5.3.1.2. 3.15.8.3.5.4. Drainage facilities. The Drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the Environmental Services Division that meets the LOS for Capital Drainage Facilities defined in Subsection 4.22. 3.15.8.3.5.5. Park and Recreation Facilities. 3.15.8.3.5.5.1. The Parks and Recreation component shall be granted if any of the following conditions are met: 3.15.8.3.5.5.1.1. The required Public Facilities are in place at the time a building permit is issued. 3.15.8.3.5.5.1.2. The required Public Facilities are under construction at the time a building permit is issued. 3.15.8.3.5.5.1.3. The required Public Facilities are the subject of a binding contract executed for the construction of those Public Facilities which provides for commencement of actual construction within one year of issuance of a building permit. 3.15.8.3.5.5.1.4. The required Public Facilities are guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.5.1.1, 8.3.5.5.1.2 and 8.3.5.5.1.3. 3.15.8.3.5.6. Road Facilities. The Road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.8.3.5.6.1. Development OtttsMe Designated Area of Significant bt. fluence (ASl)or tVl~ere No ASI Exists. For development outside a designated ASI, or where no ASI exists, the Road component shah be granted. 3.15.8.3.5.6.2. Development ;Vithi, Designated Area of Significant Influence (ASI). For development within a designated ASI coveting a potentially deficient road segment, the Road component shall be approved, subject Io available capacity, if it is demonstrated the proposed development will not make the potentially deficient road segment within the ASIa deficient road segment. In the instance where the proposed development will create a Words struck throu~are deleted; words underlined are added. -107- dcficicnt road segment, a Certificate of Public Facility Adcquacy for the road component shall bc approvcd only for that portion or Ihc dcvclopmcnt that does not create the deficient mad segment. For development within a ticsignaled ASI covering a deficient mad segment, the road component shall bc appmvcd only for that portion of the development that does not increase the net trips on Ihc deficient mad segment and does not further degrade Ihc LOS of the dcficicnt road segment. SUBSECTION 3.K: AMEND/HENTS, TO GRO~,VT!I MANAGEMENT DEPARTSlENT DIVISION Division 5.8, Growth Management Department, of Ordinance No. 91-102, as amended. the Collier County Land Dcvclopmcnt Code, is hereby deleted in its cntircty as follows: .... growth management ": ..... shall bc the -'-'-:nc" '" a~Jitlcn tc "'" :"':"':"': ...... ~'"': ......, ,,...: .....,.:.,. mcn.".gcr, :,he grc',;'t.h .."~a.':ag;.."~:nt dlrcc:cr s.haH ,have t,hc 5.~.2.1. 'r ..... , ....~.. .,. ........... .. : .............. ,....: .... ,.__:__ g.g.2.2. "'^ rc;'~e;;' ": ...... ,,., .t. ,--^,,:_. ,-- ..............,. ........... '^- and eouT.::,' ccmmissicr. er;. IraeiHtlcs ,~cc.'~currenc:;) rcgu~a:ic,'~ Words struck '~ ..... ~ are deleted; words underlined are added. -108- SUBSECTION 3.L: AMENDMENTS TO COMMUNITY DEVELOPMENT SERVICES DIVISION Division 5.9, Community Development Services Division, of Ordinance No. 91-102, as amended. the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 5.9. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Sect. 5.9.1. Creation and appointment of the community development ~nd environmental services administrator. The community development and environmental services administrator shall be the agency head of the community development ~nd environmenta! services division and shall be appointed by and serve at the pleasure of the county manager. Sec. 5.9.2. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the community development ~nd environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: 5.9.2.1. To provide the board of county commissioners, the DeveloVment Services Adviso~ Board, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board. with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. 5.9.2.2. To administer and manag~ the ..Jc;'c'.c, pm:n: Planning services, pollutiort Control, Natural Resources, Building Review and permitting. Code Enforcemen~ ....... "-'"-': ......... ~ .......... and housing and urban improvement departments, and oversee the preparation of the budget for each. 5.9.2.3. For the purposes of this code the phrases Development Services DireCtOr, Growth Management Director, COde CompliaE;ce Ditto.tot, Growth Planning Director and Planning $erviC:¢$ Director,. Shall meaq the Community Development and En~,ironmental Services Administrator, or his design.ee, SUBSECTION 3.M: AMENDMENTS TO DEVELOPMENT SERVICES DEPARTMENT DIVISION Division 5.10, Development Services Department, of Ordinance No. 91-102, as amended, the Collier County Land Devclopment Code, is hereby deleted in its entirety as follows: ECc., _,e.le.l. n ...., .......... :^_ -~: Words ^'tuck '~ ..... ~ are deleted; words underlined are added. -109- e^^ £.I0.2. "' ............ : .... ': assccla:~d pzr.,mi:~ in aczcrda.':c: wit,': :,'re prcc~::rcs, :zqulr~n'.,ants and L10.2.2.2, T~ bc r:sp,'~.':slbl: "^' ^" ^'^":"^' "" b.':g rang: ca:l:': .,M a::.d ....."' Words otruck '~ ..... ~ are deleted; words underlined are added. -110- Words struck t,hrcugk are deleted; words Underlined are added. -111- Words struck '~ ..... "" are deleted; words unde.rline~ are added. o112- ~,IvA,~,2' 1,,,:,,1:~,: ..... ,!,A,.;h. ___./ ./..,:__ f, ,.I,!:e:____ ,A Ik__ ~"~" "'*""'b~" ~J ~"'~* I"' ~ ' *~'~"~ ~* "~ ,v~,,,./ ~ ~, ~Ie.5,2,1. Tc, ~',:: :zd rcvc, kt, cc=i~c::= :f zccup:ncy:':r. :ccc, r~anc: '::':'.~. · ~ ~,~,~v ..~ .v.~,.~b ~ ...~i.,~,v.. ~.I0.E.2.5, Tc ^^-~ .... cede :nfcr~ement ,,A ,: .... :,_: ...... ,, lfi c ') '7 T^ ~.~...~ ,s.^e ^~.,^:. .^_:,^1 _..I~1:. r..:l:o:~ ..J _.^:~f. ^.. 1...:1, E,!e.E,2,~, Tc manage ^-" :dmln~c:er '~' ..... ':^~- ::r.'!::: "~':^- -:ovldt. leg~-:^^: 2.3.si3tr,';cc ^.A .,^rr ....... :.: .... A ................... p. ............. Fr=p:= .... SUBSECTION 3.N: AMENDMENTS TO GROVv'TH PLANNING DEPARTMENT DIVISION Division 5.11, Grov, lh P]aning Department, of Ordinance No. 91-102, as amcndcd, the Collier County Land Dcvdoprncnt Code, is hereby deTeted in its entirety as follows: Words ^~ .... t. ,~ ..... ~ ............. ~,, are deleted; words underlined are added. -113- p,...,.,.b ~.,..,,~u,~,. u,, ..~ v~ . ~. ~.,,.J ~,,,,,,,,v, ,v ,v,,~, u,,z.~uu.,j ,,,~ ,,,,,v ,,,,~ ,gv ,,,.y .... :'": ..... :'"' ....... : .............. J: E. II,I.2,11. Tc eccr~in:t: wi:.~ c:,%c: ~:p:,~.,~:.~:: and ~. x ,, ~ ,,. ·., ~ v .~,,,.,,.d,~,, s,~u.ubv~ · ,,v,z,,v, .,,~ .,,~,~,,,~,,~ SUBSEt!ON 3.0: A~ND~ENTS TO HOUSING AND UBA~ I~PROVE~ENTS D~PART~E~T DIVISION Division 5.12, Housing and Urban Improvement Depa~mcnt, of Ordinance No. 91 - 102, as amended, the Collier County L~d Development Cod~, is hereby deleted in its enti~ as follows: Words struck ~ ..... ~ are deleted; words underlined are added -114- ~,,~.,,,. ,,.. ,l/yv,,,,,,.~,,. ,,v z.vu~,.b u..u ,,u.,, impray:re:n, ~!R:tCT k.. ^,k ....... :.: .... t ,,. ........ r,^.~. ^r r,^,:.. .......................... prel;r:r..: t~, ^tt^eA^kl, k .... : .... ~ ..... f ......J SUBSECTION 3.P: AMENDMENTS TO DEFINITIONS SECTION Division 6.3, Definitions, of Ordinance No. 91-102, as mended, the Collier County Land Development Code, is hereby amended to read as follows: Division 6.3 Definitions .Anchor Tenant; An anchor tenant, also known aS a lead tenant, i~ tcnan~ of a ¢o.mmcrgial establishment which ~enera!ly occunies a larEer square footage than the maiori_ry of commercial tenants within a mulfi--ocC.upa, lncy strum:lure, An~h0r tcnantl~ t~ncl to be ~o~ .tenants, within a multi-use structure, with whom the Center may be identified, or whic..h may generate higher volumes of traffic. A multi-occupancy structure may have one or more anchor .tenants. Commercial equipment: Any equipment commonly used in a commercial business, .......... :~. ^c .... : ......... ..~ ....... k^.,4:,~ (See section 2.6.7.) Words :truck ~ ..... ~ are deleted; words underlined are added. -115- Commercial vehicle; Any vehicle used in conjunction with a commercial or business activityv tn:"-.k'.. (Scc section 2.6.7.) Facade: The exterior walls of a buildimt visible to the public. which may or may not include il portion of the roof, arld includes archit.ectural design treatments, entryways, windOwS and the like. Metallic .m~.teri.als Or COlOrS: Materia|s or cot. ors having the characteristic. ap~arance or ~Uggestion of m..etal~ Muted .Earthtone COlorS: Co!or~ and color variations with SubdUed intcnsi_ty. predominant in the natural landscape Of the earth, including variations of green, blue, br0wlr! and yellow, Navigable waterway_: AnY Salt or brackish body of water, whether natural or mamade, which is tidal in nature. and is wide enough. deep enough, or free enough from obstructions to be traveled on by vessels and is connected to another navigable waterway. For the purposes of division 2.8 of this code, the term naviga.bh; waterway shah not be construed to include waterways which functiQn primarily aS drainage canals, _ Fredominant exterior bulldine color: Any exterior building color constitutine_ thirty_ (301 percent or more of coverage of a building facade. Predominant exterior building material: Any exterior building material constituting thirty {30) percent or more of covera~ze of a building facade, prima_ry arterial or COllector street: For the p!~_rDoses gf division 2.8 of this code. this lterrq. ~hal] 0~ean those streets adiacent to a commercial building or _pro_jeer which is classified as an arterial or collector ~;tre¢t in the Collier County Growth Mana,,ement Plan. and which pr0vid~ vehicular ingress and egress to the buildinE or project. excludimt ineress and e~zress intCr~d~l primarily for delive;ry. 1;~rvjc~ or employee parkinL Primary facade: Any fac.ade of.a building which iS adjacent to a navigable waterway. public or private street, or vehicular Use area, excluding those vehicular use areas t~rimari!y intended for $.ervice vehicles or employee parking, SUBSECTION 3.Q: AMENDMENTS TO APPENDIX B, TYPICAL STREET SECTIONS Appendix B, Typical Street Sections, of Ordinance No. 91-102, as mended, the Collier County Land Development Code, is hereby mended to read as follows: LDCB:3 Appendix B- Typical Street Sections C':; d~ -~,: ~ 2 Local street Commercial/industrial B-4! Minor collector Major collector SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or Words ztruck through are deleted; words underlined are added. -116- unconstitutional by any court or competent jurisdiction, such portion shall bc deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be rcnumbcrcd or rclettcrcd to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. i~CTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this -~' day of ~~ , 1996. BOARD OF COUNTY COMMISSIONERS .,,,· -.... ,.. '/,,.. ~: . ' ) '" ' : ~ C. NORRIS, CHAIRMAN A'Y'FEST: ': ". c. DWI~./HTE.,BROC' CI~...~(/~ MARJ~RIE M. STUSENT ASSISTANT COUNTY ATTORNEY RM/bk/l 6609 Words struck thrcugh are deleted; words underlined are added. -117- ~0'  ~0' ~0' 2' 6' Y 5' Min Min Min Note=: lo ~otM 2) S~.wa,k ..ct~ (o c~.ist of 4' c~.t..{th 12' ~p~t. C 5) Po~t I~t~ tO C~SJst~t 1 1/2' T~ S-I S' L~ 12' ~tob~iz~ luO~o~e. ~ Unlf~ Tref~ C~tr~ Oe~ce= 5) 3r~ ~ ~ ~t~M but ~o~ I~ ~t ~ ~ly. ~5:~ C~R C~N~ L~O ~ ~ICAL LOCAL ROAD 4.5' {_ 7.5' Min ~ Sanitary 7:5 __ 4.5' I Min I - Min I Min I Min S~oe~k I~t~ to C~lilt of 4" c~ete with ~2' c~t~ "0""'~ ~'~0~'- COLLECTOR ..~., .=,~ ,~ ~.,.,~,, ,/~' ,~. ~-,,, ~.~ MINOR ~ Uni~ Tre{fic C~tr~ Oe~c~ Tree ~o~ ~e ~ti~ ~t ~o~ f~ ~t laINOR C~LECT~ ROAD STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 96-66 Which was adopted by the Board of County Commissioners on the 30th day of October, 1996, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of November, 1996. Clerk of Courts and Clerk '.. '¢ -. Ex-officio to Board of .. . County Commission.eS.' ., : Deputy Clerk "'.