Ordinance 94-58 I ORDINANCE NO. 94- 58 ~. '~ ....
N ORDINANCE AMENDING ORDINANCE NUMBER 91-10Z, A~ ~J ~='~
TICLE ONE THEREOF, GENERAL PROVISIONS; ARTICLE> ~
TWO THEREOF, ZONING; AND ARTICLE THREE THEREOF,
DEVELOPMENT REQUIREMENTS; MORE PARTICULARLY
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO,
FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE (APPENDIX
A); SECTION FOUR, ADOPTION OF ACCESS MANAGEMENT
MAPS, APPENDIX V; SECTION FIVE, CONFLICT AND
SEVERABILITY; SECTION SIX, INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND SECTION SEVEN, EFFECTIVE
DATE.
WHEREAS, on October 30, 1991, the Board of County Commissioners
approved Ordinance Number 91-10Z, as amended, which established the
Collier County Land Development Code; and
WHEREAS, the 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; and
WHEREAS, the Board of County Commissioners in a manner prescribed
by law did hold advertised public hearings on October 12, 1994 and
October 26, 1994 and did take action concerning these amendments 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 of County Commissioners
of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by
reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida,
hereby makes the following findings of fact:
1. Collier County, pursuant to Sec.163.3161, et se~.,Fla. Stat.,
the Florida Local Government Comprehensive Planning and Land
Development Regulation Act {hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in
particular Sec. 163.3202(1). Fla. Star., mandates that Collier County
adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Star., provides that it is the intent of
the Act that the adoption and enforcement by Collier County of land
development regulations 'for the total unincorporated area shall be
based on, be related t0, and be a means of ~mplementation for, the
adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(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 (hereinafter the "Growth Management Plan"
or "GMP") as its Comprehensive Plan pursuant to the requirements of
Sec. 1634.3161 et se~. Fla. Star., and Rule 9J-5, F.A.C.
7. Sec. ~63.3194(1)(a), Fla. Stat.,manda=es that after a
Comprehensive Plan, or element or portion thereof, has been adopted in
conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in
regard to land covered by such Comprehensive Plal~ or element or portion
thereof shall be consistent with such Comprehensive Plan or element or
portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. ~tat., a development
order or land development regulation shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities,
88888888
and other aspects of development permitted by such order or regulation
are compatible with and further the objectives, policies, land uses,
densities or intensitiesin the Comprehensive Plan and if it meets all
other criteria enumerated by the local government.
9. Section 163.3194(3){b). Fla. Stat.,requires that a
development approved or undertaken by a local government shall be
consistent with the Comprehensive Plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development
are compatible with and further the objectives, policies, land uses,
densities or intensities in the Comprehensive Plan and if it meets all
other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier
County Land Development Code, which became effective on November 13,
1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is
intended and necessary to preserve and enhance the present advantages
that exist in Collier County ;encourage the most appropriate use of
land, water and resources, consistent with the public interest;
overcome present handicaps; and deal effectively with future problems
that may result form the use and development of land within the total
unincorporated are 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; prevent the overcrowding of land and
avoid the undue concentration of population~ facilitate the adequate
and efficient 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, through
orderly growth and development, the character and stability of present
and future land uses and'development in Collier County.
12. It is the intent of the Board of CoUnty Commissioners of
Collier County to implement the L~nd Development Code in accordance
with the provisions of the Collier County Growth Management Plan,
Chapter 125, Fla. Star., and Chapter 163, Fla. litat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
The Collier County Land Development Code is hereby amended as
shown on the side sheets which compromise Appendix A, attached hereto
and incorporated by reference herein.
SECTION FOUR: INCORPORATION OF THE ACCESS MANAGEMENT PLAN MAPS AND
EXPLANATION OF LEGEND AND NOTATIONS ON ACCESS
MANAGEMENT PLAN MAPS
The Access Management Plan Maps, as well as supportive
explanations and notations thereon, attached hereto and incorporated
herein as Appendix V, are also hereby incorporated into the Land
Development Code as Section 2.6.38.
SECTION FIVE: 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
unconstitutional by any court of competent Jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION SIX: 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 tenumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this __ day of , 1994.
DATE:/'~./Z.j~F/~ BOARD OF COUNTY COMMISSIONERS
· COLLIER COUNTY, FLORIDA
· : :' !; ""< ' ' ' ~~-L~
B~.~ ' :~1
ASSISTANT CO~TY A~O~EY ~ ~e fll~ wl~ ~
~ ~[~em ' f' t~t
ORIGIN~ Staff (Community Development)
AUTNOR~ Bob Mulhere, Acting Current Planning Mgr.
DEPARTMENTZ Site Development Review Department.
LDC PA~E~ 1-20
CMANaEz Addition of language to clarify intent.
REASONZ This Section allows for redevelopment of non-conforming
residential structures, after destruction, to,the same extent, height,
and density of units per acre subject to the development standards in
effect at the time of redevelopment. There has been some confusion
related to rebuilding to the "same height" when the building does not
comply with current required flood elevations. The intent of this
additional language is to clarify the fact that any rebuilding, while
permitted to the prior extent, height, and density of acres, is subject
to current flood elevation requirements and building codes.
FISCAL IMPACT~ The proposed change will have no f~scal impact, either
on the County or on the property owners as this change is intended to
clarify existing language and does not propose additional regulation.
RELATED CODES OR REGULATIONS: Building Code and FEMA flood elevation
requirements.
CCPC RECOMMENDATION: Amend the LDC as depicted below.
DIV. 1.8 NONCONFORMITIES.
Seo. 1.8.10 ~Q~-CONFORMINa STRUCTURES.
1.8.10.4 Notwithstanding the foregoing restrictions as to
reconstruction, any residential structure or structures
in any residential zone district may be rebuilt after
destruction to the prior extent, height and density of
units per acre regardless of the percentage of
destruction, subject to compliance with the applicable
Duildin~'Code re~uirements in effect at the time of
redeveloDment. In the event of such rebuilding, all
setbacks and other applicabre district requirements
shall be met unless a variance therefore is obtained
from the Board of Zoning Appeals. For the purpose of
this Division, a hotel, motel, or boatel shall be
considered a residential structure.
Words underlined are added; words et~Puek--~Peu~h are deleted.
ADVERTISING, DISTRIBUTION AND
SOLICITATION ON OPEN PUBLIC ROADS
AMENDMENTS TO THE COLLIER COUNTY 'LAND
DEVELOPMENT CODE (SECTION 2.1.15) TO PROHIBIT
ADVERTISING FROM WITHIN PUBLIC ROADS, AND
GIVING ANY TANGIBLE ITEM TO, OR THE
SOLICITATION OF ANY BUSINESS, MONEY OR ANY
OTHER TANGIBLE ITEM FROM, ANY OCCUPANT OF ANY
MOTORIZED VEHICLE BEING OPERATED ON ANY PUBLIC
ROAD IN UNINCORPORATED .COLLIER COUNTY THAT IS
OPEN TO VEHICULAR TRAFFIC AND IS UNDER SUCH
ENFORCEMENT JURISDICTION OF COLLIER COUNTY.
Paragraph 2 of Section 2.1.15 of the Land Development Code
is amended as follows:
1. Any use or structure not specifically permitted in a
zoning district as a permitted use, conditional use or use
allowed by reasonable implication shall be prohibited in such
zoning district. Roadside sales shall be prohibited in all
zoning districts unless a temporary use permit and appropriate
licenses have been obtained.
2. Subject to e×ceDtions in Ordirh~Dce No. 76-11. as
amended. the storage, display, or sale of any items, services,
materials, or products, whether finished or unfinished,
processed or natural, Within public right-of-ways shall be
prohibited. MotwithstandinG anvthin~ in Ordinance No. 76-11.
as amended. or any other Dart of the Collier County Code. in
~HlincorDorated Collier County no person shall be upon or ~
UDOn any DUblie road. when the road is open to vehicular
traffic, for the bUr_DOSe Of disDlavin_~ any advertisin~ to. or
distributin~ anv. tanqible thinq or solicitin~ any business,
contribution or ~any other tarLgible talhg from_a/Ly__QccupaDt
any motorized vehicl~e that is bein~__qp_~rated on the DUblie
road. No Person shall be within four (41 fe~ of aav edge
~uch road for the purpose of dietributinq any tangible thinq
~olicitin~ anv business. contribution or any other tangible
thin~ from any occupant of any mo~orized v~hicle bein~ oDerate~
~ ~l]e Dublie road. As used in this Section ~.1.15. "roa~"
~ved or %ln~V~rfacus that are available and used
either travel of. or in the road Oarkin~ of. motortzed
vehicles. "Road" includes all medians in all such interior
areas. and includes shoulders. All roads. lmcludin~ ro~ds th.al
~re separated by One or more m~4ia~ have
~ges. "Ro~d" i~cludes s~reets. ht~bw~ys an~ olhgr Words tha~
Words underlined are added; words's~ue~h~ough'are d~leted. '~?~
3. The storage, display, or sale of any items, services,
materials or products, whether finished or unfinished,
processed or natural, other than from within, or as part of the
normal operation of, a permanent structure authorized by the
Collier County Land Development Code shall only be allowed in
accordance with Sec. 2.6.33.
* * * end of ordinance amendments · * ·
BASIS FOR THE SUBJECT AMENDMENTS:
1. Sections 125.01(1)(m),'316.006(3)(a), and 316.008, Florida
Statutes (1993), authorize the Board of County .Commissioners to
regulate, develop and'enforce plans for the control of traffic
and restricting the use of roads underits Jurisdiction.
2. Pursuant to Section 316.130(5), Florida Statutes (1993), no
person shall stand in the portion of the roadway paved for
vehicular traffic for the purpose of soliciting a ride,
soliciting employment, or soliciting business from the occupant
of any motor vehicle'.
3. Section 316.2045, Florida Statutes, (1993), prohibits the
unauthorized obstruction of the free, convenient and normal use
of public streets, highways and roads in order to solicit,
without proper authorization of a lawful permit; and authorizes
counties to issue permits for the use of any street, road, or
right-of-way that is not maintained by the state.
Organizations that are qualified under Section 501(3)(c) of the
Internal Revenue Code and are registered as a solicitor with
the State of Florida pursuant to Chapter 496, Florida Statutes,
and organizations acting on behalf of such exempted entities
are exempted from the statutory prohibitions of Section
316.2045, Florida Statutes, while on roads that are not
maintained by the State of Florida, and therefore such entities
are exempt from such restrictions regarding solicitations
unless there is a local ordinance regulating such activities.
4. Pursuant to Section 316.2055, Florida Statutes (1993), it
is unlawful without eXception for any person on a public road,
highway, or sidewalk in the State of Florida to throw into or
attempt to throw into, any motor vehicle, or offer or attempt
to offer, to any occupant of a motor vehicle, whether standing
or moving, or to place or throw into any motor vehicle any
advertising or soliciting materials or to cause or secure any
person or persons to do any one of such unlawful acts.
5. Section 316.007, Florida Statutes (1993), authorizes local
authorities to enact ordinances necessary to vest Jurisdiction
of violations of Chapter 316, Florida Statutes (1993), in the
local court.
Words ~l~[lined are added; words e~uek--t-h-~eugh are deleted.
6. Section 316,008(1)(g), Florida StatuteS, authorizes Collier
County to restrict the use of public roads within its
enforcement Jurisdiction.
7. The prohibitions in the subject ordinance, as amended, are
content-neutral, are narrowly tailored to serve the County's
significant interest in safety to pedestrians and motorists,
and leave open ample alternative channels of communications
available to those individuals who desire to conduct the
subject activities upon public road right-of-way while such
public road right-of-way is open to vehicular traffic.
8. Safety hazards are caused by persons who go onto traveled
public roads to display advertising to motorists or who go onto
such roads, or immediately adjacent to such roads, to
distribute any tangible item to any occupant of motorized
vehicles, or who solicit business or contributions from
occupants of motorized vehicles then being operated on public
roads in unincorporated Collier County; such activities impede
the normal flow of vehicle traffic. These prohibitions do not
prohibit simple display of hand-held advertising in the four
(4) foot area immediately adjacent to, but off of, the road.
9. Vendors, solicitors and other pedestrians who interact
physically through exchange of any tangible thing with
occupants of motorized vehicles that are traveling on public
roads, are subjected to risks of ~odilyharm and other physical
dangers inherent in such physical interaction.
10. Any solicitation from occupants of motor vehicles being
operated on public roads distracts vehicle operators from their
primary responsibility to observe traffic and be alert for
potential traffic hazards, to observe the applicable traffic
control signals, and prepare to move their vehicle through
intersections in compliance with traffic rules.
11. Although when an occupant in a vehicle that is momentarily
stopped on a road that is open to vehicular traffic hands money
or other thing to a pedestrian, such money exchange almost
always requires more time and attention of the occupant than
when a pedestrian merely hands a paper or any other tangible
thing to such occupant, all such interactions between a
pedestrian and a occupant in a vehicle too often impede the
safe and orderly flow of traffic and too often cause other
traffic and pedestrian safety hazards.
12. The similarities between the dangers to pedestrian and
motorist's safety inherent in the distractions prompted by
solicitation of contributions from, and the ha/~ding of tangible
items to, occupants of vehicles are essentially
]~distinguishable from time safety point of view.
Words g~erlined are added; words et-ruek--~h[ough are deleted.
13. Collier County by adoption of these amendments intends to
promote the sa[ety of motorists and pedestrians.
14. It is appropriate to restrict use of traveled public
roads by pedestrians (and at the edge of such roads) in the
manner provided for in this ordinance, as amended, to protect
the safety of pedestrians and motorists by prohibiting such
unsafe activities within, or immediately adjacent to, traveled
lanes of public roads, streets and highways, and thereby
prohibit such activities that give vehicle operators incentives
to make quick and dangerous lane changes, vehicle turns and
other physical actions of motorized vehicles that impede the
prompt, orderly, predictable and safe movement of motorized
vehicle traffic.
15. These prohibitions apply to activities that are allowed as
exemptions by Ordinance No. 76-11, asamended, but only when
applied toward any occupant within any motorized vehicle that
is not legally parked.
-4-
Words .uDderlin~_dd are added; words st-Mek tb~eugb are deleted.
ORIGIN: Staff
AUTHOR: David Weeks, Senior Planner
DEPARTMENT: Long Range Planning
LDC PAGE: 1-37 and 2-208
LDC SECTION: 1.19.1 and 2.6.38 (new)
CHANGE: Amendment to the Collier County Land Development
Code, Article 2, Division 2.6, to add Section
2.6.38, Access Management Plans; and Article 1,
Division 1.19, to add Subsection 1.19.1.2,
regarding Access Management Plan map amendments,
and to renumber the existing Subsection.
REASON: Policy 4.4 of the Future Land Use Element of the
Growth Management Plan requires development of
Access Management Plans for each Mixed-Use
Activity Center.
FISCAL IMPACT: There is no, or at least minimal, fiscal
(operational) impact upon th~ County.
Implementation of the Access Management Plans
will, primarily, involve the review of proposed
access point types and locations as part of the
development order review process. This is an
existing staff function, the cost of which is
included in the development order fee.
In most cases, staff anticipates little, if any,
new cost to owners and developers of property.
This amendment does not require submittal of
additional applications, plans or fees. In most
cases, the access points provided on the Access
Management Plan maps do 'not differ from that
presently allowed under the Access Management
Policy. The new cost to owners/developers
occurs if/when they choose to initiate a "major"
change to the Access Management Plan maps. If
such a change is requested in conjunction with
certain development orders, the additional cost
to the owner/developer would be for providing
public hearing notice. (This cost, estimated at
$50.00, will be included in an upcoming Fee
Resolution.) For a "maJor" change not requested
in conjunction with certain development orders,
the cost would be the same as for any other
amendment to the LDC. Also, any appeal of a
staff determination bears a cost for public
notice.
RELATED CODES OR REGULATIONS: Resolution #92-442, Access
Management Policy, and Ordinance #93-64, Collier
County Construction Standards for Work Within
Rights-of-Way.
CCPC RECOMMENDATION: The Collier County Planning Commission's
recommended changes, briefly noted below, are reflected in the
ordinance/on the maps.
1. Add language re: access to properties outside of Activity
Centers. (Sec. 2.6.38.1)
2. Add language re: interconnection within mixed-use projects.
(Sec. 2.6.38.5.1)
3. Make correction to Section reference. (Sec. 2.6.38.5.1)
4. Modify language re: minor changes to location of access
points or median openings. (Sec. 2.6.38.5.1.2)
5. Add language pertaining to environmentally sensitive lands
re: conditions for administratively approving variation to
location of access points or median openings (Sec.
2.6.38.5.1.1)
6. Modify Access Management Plan map #4 re: median opening,
access point and traffic light for Regency Village/Stiles
PUDs; and re: median opening and access point for Donovan
PUD. (Appendix'V)
7. Modify Access Management Plan map #9 re: median opening and
access point for Citygate PUD/opposing access road.
(Appendix V)
8. Add a section providing an appeal process to the CCPC of
the Director's determinations re: variations to access
point and/or median opening locations. (Sec. 2.6.38.8.)
Staff has no objection to changes 1-7, but has some concern
about #8. Section 5.3.2.2 of the LDC provides for the BCC,
acting as the Board of Zoning Appeals, to hear all Appeals of
administrative determinations pertaining to matters in the LDC.
The BCC has designated itself as ~ Appeal body. The CCPC's
recommended change would result in this being the only type of
Appeal heard by the CCPC; likewise, it would be the only type
not heard by the BCC. It doesn't seem logical or appropriate
to select one specific type of Appeal over all others to be
heard by a separate Appeal body - unless that body possesses a
particular expertise in the subject area.
FIRST BCC HEARING: At the October 12 hearing, it was the
consensus of the Board to delete Section 2.6.38.8 providing for
Appeals to be heard by the CCPC. The BCC gave staff no other
direction.
Amend the following section:
SEC. 1.19.1 TIMING. Amendments tothis Code may be made not
more than two (2) times during any calendar year
as scheduled by the County Manager, except:
1.19.1.1 Any amendments to the Collier County Official
Zoning Atlas may be made more often than twice
during the calendar year.
Words ~ are added; words e{-P~ek th?eug~ are deleted.
/
1.19.1.2 Any amendments to the Access Manecement Plan
m~P~ {Appendix V) may be made more often then
twice durina the calendar veer if related
~nd if submitted and reviewed in conjunction
with submittal and review of, the following
tvpes of development orders: Rezonina. PUD
amendment. Development of Reaional Impact {DRI)
approval. DRI amendment. Conditional Use, site
Development Plan fsDPI approval. SDP amendment.
subdivision approval fincludin~ Plats. Plans.
and amendmentS), construction approval for
~Dfrastructure {including water, sewer, qradtnq,
paringS, and Building Permit {for single familv
dwelling
I.I~.I.2 In the case of an emergency, amendments to this
1.19.1.3 Code may be made more often than twice during
the calendar year if the additional Code amendment receives the
approval of all of the members of the Board.
For this purpose, "emergency" means any
occurance or threat thereof whether accidental
or natural, caused by man, in war or peace,
which results or may result in substantial
injury or harm to the population or substantial
damage to or loss of property or public funds.
Add the following section:
SEC, 2,6,38 ACCESS MANAGEMENT PLANS.
2,6.38,1 purpose and Intent. This section pertains to
transportation access within Mixed-USe Activity
centers as designated on the Future DaDd use Map
.of the ~rOWth M~nagement Plan, AD Acgess
Management Plan mad exists for each Mix~-Vse
~ctivity Center (see APPend]X' v), The pgrpose
of the Access Mamaqe~ent Plans i~ to ~QDtrol the
number. location and tYPe Of access points to
the roadW~.vs (usually arteriels and/or
collectors) around which each Mixed-Use Activity
Center is loca~O~, so that the adverse impacts
to safety. capacity ~Dd operating conditions of
the roadwavs will be minimized. while providing
adequate access to those properties within the
Mixed-Use Activity Center. The location and
type of future ~ccess POintS
IDqress/E~ress) is based UPOn the Collier County
Access Management Policy (Resolution #92-442).
existin~ road and land use conditions. and the
objective of minimizing the number of access
points to the roadw~Ly_network. Future acces~
points are subject to chanc~ aS
improvements ~re p~anned and designed. based
Words underlined are added; words streak throu~ are deleted.
UPOn road capacity and safety considerations. This section
restricts the location and tvDe of
ingress/eqress POintS and me~ia~ Openings:
restricts the location of traffic siqnals~
identifies areas appropriate for shared access
~Dd ~Dterconnection; and o~hCrwise regulates
transportation access - all within Mixed-Use
Activity Centers. Access to properties not
located within ~ M~Wed-Use Activity Center
controlled by the Access Management Policy
[ResolUtion #92-44~. and as may be ~memded]. the
collier COunty construction Standards for work
Within ~iqbts-of-way [ordinance ~93-~4, and as
may be ~m~mded], and any other applicable
regulations.
2,6,38,2 Implementation, The Access Management Plans
~hall be implemented by the Development Services
Director in the review and D~rmittin~ of all
development projects within the boundaries of
the Mixed-Use Activity Centers. The Director
shall consult with the Transportation Services
~dministrator. Capital ProJ.~.cts Director.
9ther ~overnment a~cies. a~.Decessary, ~0
ensure the proper implementation of the Plans.
2.6,38,3 Access Management Plan MaPs. There are 21
Access Mana~emen~ Plan m~ps - one for each
Mixed-Use Activity Center and one for the Future
Activity center.at th~ intersection Of
Van~erbilt D~Ch Road (CR-86;!) and Airport Road
.fCR-31]. The maps depict; .~Ii~ed-use Activity
Center boundaries: eWistiDg ~on~ng districts and
their boundaries, major development.
]ngress/eqreSs points_and type (full or
restrigted a~ce~s], restrictive medians. median
openings. traffic signals. and sidewalks:
aDDroved but unbuilt in~ress/e~ress POintS and
~yDe: new in~ress/e~ress POints and tVPe: future
and potential median oDeninq modifications:
potential traffic signal locations: potential
locations for shared access or interconnection:
existinq ingress/e~ress POintS tO be monitored
for DossiDle modification: a;]d other relevant
data. These maps are found in Appendix v
together with an expl~natior[_0[ ~be map
ODd notations,
2.6,38,4
2,6,38,4,Z Future development orders within M~xed-Use
Activity Centers can only be aUgproved if the
~G~ess ] oC~tio~(~J__!~.~d_t_YD~[~J__qce~D]Y wjth tho~
depicted on tile ~Ccess Man~!~nt Plan maP~.
except as provided in sec, 2. ~. 38.5. l.
Words Underlined are added; words et-~*eek bh~eugh are deleted.
3_~ Future mixed-use projects are reGuired to
provide an internal interconnection amon~ major
project phases. sections. or types of usesL
~D~esS ode or more of the four circumstances
listed below is applicable. For purposes of
this section. mixed-use refers to a project with
a residential component and one or more of the
following ComPonents: commercial, industrial,.
~nstitutioDal,
2.6.38,4.2,~ It is not phYsicallY possible to provide the
interconnection,
;,6,38,~.2.2 The location of environmentaliv sensitive lands
precludes the interconnection,
;,~,38,4,2,3 The interconnection will result in
nQn-residen~ial traffic travellin~ throuQh q
residential area. e,g. truck traffic from a
h~avv commercial area travellind through the
residential component of the pro~ect.
2,6.38,4,2,4 The interconnection provides minimal or no
benefit. e.g. the non-residential component
contains a single low traffic Generating use
such as a small General office building.
2.6.38,4.3 During development or red~ve~oDment of
Commercial lots, shared access a~d/or
~Dterco~Dection shall be encouraged.
~,~,38,4,4 Ten ~10~ Mixed-Use Activity Centers contain an
intersection identified oD the Future
Trafficways Map - Year 2015 {Traffic Circulation
Element) ~s ~he site of pOssible future ~rade
separation, These future ~rade separations may
result in necessary ChanGes to the location and
type of access POintS and median openings. The
t~D {10) Activity Ce~ers are found on man
~umbers 1. 2.7.8. ]~. 13. L4. 16. 17, fi~d 18.
2.6,38.5 Access ManaQement P]~ M[p ¥ariations and
A~-
Z.6,38,5,~ Variations, The DeVelOpment Services Director
may approve. or impose. a variation in the
Ingress/eGress points ~nd/or median openings
shown on the Access Management Plan maps.
without necessitating a map amendment (other
than Information UPdate Amendment. Sec.
~,~,38.5.2. ~enerated by staff). udder ~DV_of
~b~ ~ol]owing c~rcu~st_~ces:
2.6.38,5.1.1 Approved In~res~/E~reSs-Unbujlt: For existinq
PUPS (~pproved prior to the a~oDtion of this
Words ~ are added; words e~kth~eugh are deleted.
amendment) which contain lanSuaae Providing
flexibility in the location or tVDe Of access
DOintiS] and/or median oDeningls]. the Director
may approve or require the utilization of this
flexibility if such change to the access
DOint{S) and/Or median oDening(s) will cause one
Or more o= th~ following conditions to occur and
will not bare a detr~menta~ effect on the
safetV, caDacitV and Operating conditions of the
~DuttiDq roadwayis):
1. Interconnection of projects
2. Shared access
3. ~lignm~nt Of access Doints oD opposite
sides of the roadway where there is no
restricted median
4, R~d%]Go the number of authorized access
DOintS on the abuttin~ r-Q~tLW_~Y_L~t
5. Promote safer traffic conditions on the
abutting roadwayis)
6, F~cilitate imDrov¢~ traffic flow on the
abuttin~ roadway(s).
7__~. Preservation/conservation of a viable
environmentaliv sensitive area.
~,6,38,5,~,2 New In~ress/E~ress: A minor c_hhange (10% of
parcel front~.qe] to the location o~ a New
In~ress/E~ress DOint{S). and any accompanying
median openingis). maV be aDdrOved during review
of a development order {the same development
orders identified in Sec. 1.19.1.2) if such
minor change will cause one or more of the above
GonditiQ~ flisted in Sec. 2.~.38.5.1.1] to
occur and will not have a detrimental effect on
the safetv. caDacitv and oDeratin~ conditions of
the abuttin~ roadwayis].
~,6,38.5.1,3. MeW Ingress/Egress: Where multiple parcels
~er single own{r~hiD are identified to each
have their own access DOint. ~d one or more
p~rcels are undeveloped. duri~ review of a
develoDment order {the sam~ development orders
identified in Sec. 1,19.1.2). the number. tVDe
and location of access DOintS. and any
accomDanvln~ median oDenin~s, ~uthorized by the
Director may be more restrictive than that
identified on the A_qcesS Management Plan m~p~ t[
such changeis) will cause one_or more of the
~bove conditions illsted in $~c. 2.6.38.5.1.1]
to occur and will not have a detrimental effect
oD the s~etv. caDacitv and o~erati~q conditions
of the abutting roadwavis),
~,6.3~.5,1,4 ExIstin~ Ingress/EgresS: For existing access
points being monitored {monitoring consists of
review an~ ~nalvsis ofaccident reports. traffic
Words ~ are added; words et-Puek thro~g~ are deleted.
volumes and_.oDeratin~ conditions within close proximity to the
site]. the Director may. whether d~rin~ review
of a development order (the same development
orders identified in Sec. 1.19.1.2] or
independent of development order review. approve
or require the modification or removal of the
access POint(S]. if such modification or removal
is deemed appropriate and necessary based UPOn
moDltorin~: add if such modification or removal
willcauSe ode or more of ~be above Conditions
(listed in Sec, 2,6.38.5.1.1] to occur and will
not have a detrimental effect on the s~=ety,
capacity and oper~tiDq Conditions of the
abuttin~ roadway(s].
2.6,38,5,1,5 Right-in Only. Right-out Only OR Entrance onlY.
Exit only: Durin~ review of a development order
(the same development ordersidentified in Sec.
1.19.1.2). the Director may aoDrove or require
elimination of the separate entrance and exit
POintS and their replacement with a sinale
inqress/eqress POint if such chan~e wili cause
one or more of the ~bov¢ conditions (listed in
Sec. 2.6.38.5.1.1) to occur and will not have a
detrimental effec~ oD the saf~tV, capacity and
9peratin~ conditions of the abuttin~ roadway(s].
~.6.3s.5,~ Informat(on Update Amendments, AnnualIv.
Community DeveloPment staff will i~iti~te
amendments to each affected Access M~naqement
Plan mad to reflect informational chan~es. e.~.
zoning chan~e. and staff approved variations,
2.6.38.6 Relation to Riaht-of-Wav Permit. Nothint in
this.Section of the Code (See. 2.6.38} shall
~reclude Collier County from enforcing
conditions of a riQht-of-way permit issued
pursuant to Ordinance #93-64. the Collier CoUntY
COnstructioR $~Rdards for Work Within
Rights-of-Way. as it may be amended or
~Derceded. s.c. removal of aD access point.
etc.
2.6,38.7 ~pplicabilitv on State Controlled Roadways.
Agcess points. median oDeninqs. etc. on State
~ontrolled roads are subject to approval ~y ~he
Florida Department_of Trans~ortatto~_~
Words ~31~JaJalD_~ are added; words e~aek thPeugh are deleted.
APPENDIX V
Access Management Plan Maps
- AND -
EXPLANATION OF LEGEND AND NOTATIONS ON ACCESS FuANAGEMENT P~RN
MAPS~
~ts~inG Buildings and Structures - Generally r~Dresents the
shape. size and location of structures (Primarily
nQD-residential) existing at the time of adoption of the maD,
$Q~ uses are identified for Geo~raDhic reference (e,g,, b~Dks]
and others because of high traffic generation
~QHV~Dience stores, shopDin~ centers),
Existing InGress/EGress - Indicates'an existin~ drive or
driveway into a project at the time of a~.Qption of the maD,
ADDroved lngress/Eqress-Unbu!lt - Indicates a drive. drivew~v
or roadway aLproved by an existin~ development order (PUn.
Planned Unit Development or SDP. Site Development Plan) but not
constructed at the time of adoption of the map,
New Inqress/Egre~s - Indicates desired location QffUture
~gesS points. Future development orders could onlV_be
approved if access Points ComD1V with these locations.
Monitor For Future Modification/Removal - Tndjcates an existing
or anDroved but unbuilt access POint, at the time of adoption
of the map, which is to be monitored (revie~ add
accident reports, traffic volumes, and operatin~ conditions
within close proximity to the site) for oossible modification
or removal, Usually this symbol is accompanied bY the
potential change identified in parentheses. e,g,, "(possible
removal)," Access POintS maV be modified thru median
modification (e,g,, chan~e median opening from .full
directional, etc,) and/or at the access point itself, Median
modification may occur independent of site development
ac~ivitv, MQ~fication or remoyal of the access POint itself
~y occur at time of site redevelopment. significant site
alteration. or change in use.
Existing Modians - Depictslocation and shade of existing
rostrictive medians (grass or concrete median, not Painte~
~ian) at the time of adoption of the maD, 'Median dimensions
are representative- no field measurements were performed,
8idewalk - Indicates existing paved sidewalk at the time of
adoption of the maD,
possible Traffic Light - Indicates the possible location of a
traffic light at some time in the future,
Words underlined are added; words e~Pc, ugh are deleted,
FutUre.Closure of Median opening - Indicates ~h~ planned or
aDDroved closure of an existing median ooeninG due to scheduled
roadway improvements.
Possible Closure of Median OPeninG - Indicates the possible
clo~Ure of an existing median ooening.
Future Modification of Median Openin~ - Indicates the planned
or approved modification of an existing median opening. e.~,
chan~e from full oDenina to directionai.
FoSS~ble Modification of Median Opening - Indicates the
possible modific~tioD of ~n existing median opening,
shared ~ccess Encouraged - Indicates desire~0r one access
point to serve two or more parcels of land, Staff would
enCourage/reqUest this at time of development order review,
Adjacent parcels under same ownership may be limited to a
single access POint onto the major roadway..
Interconneot Encouraged - Indicates where an interconnection
between properties appears appropriate. Staff would
encouraGe/request this at time of development order review.
Potential Interconnect - Indicates ~eneral location where an
inter~onnection between properties appears appropriate and
where one of the two p~rcels is alreadv developed. Staff m~v
encouraae/re~uest...this at time of development order review of
the undevelop_~d parcel and at timeof redevelopment or
si~nificant use change for the existing developed Parcel.
No Direct Access to (n~me.of road} - Indicates a
p~rGel c~nnot obtain access from the specified roadway
resUltin~ in access being Obtained through interconnection with
aD adjacent property and/or from some other street,
No Direct Access to (name of road) Unless ~ ~hared
Access Point - Indicates a parcel cannot obtain agcess fro~.the
specified roadway - resulting in access bein~ obtained through
tn~erconnection with an adjacent property ~;~d/or from some
other street - u~less the access is shared ~ith..~n adjacent
pr0nertv.
FUtUre Removal, Future RiGht-In~__~ight-Out,.etc. - Indicates a
planned or aDDroVed change to an access ooir, t due to scheduled
roadway imprOVements {e.~.. planned future 4-1anin~ will
inGlUde medtaUO~ such thatan acc~~~ng~
from full ~o dtroctional] or due te ~ ~pDroved rlevelo~meD~
Order for different land use which ~hows ex]stin~ access DOtn~
removed or modified.
Possible Removal, Possible Ri~ht-In, Riaht-Out, etc. -
Indicates ~ possible chan~e to an access POint due ~O future
~edian modifications not yet planned or as a result of
monitoring the access POint,
Words underlined are added; words e~e~ are deleted.
ORIGIN: Staff
AUTHOR: Wayne Arnold
DEPARTMENT: Site Development Plan Review
LDC PAGE: 2-12
LDC SECTION: 2.2.2.4.3, Minimum Yard Requirements
CHANGE: Add yard requirement for non-conforming
agricultural lots of record.
REASON: BCC direction upon public petition
FISCAL IMPACT: None. This added provision for determining
setbacks on non-conforming agricultural lots
will not require any additional staff,
equipment or procedures in order to implement.
These requirements will be applied at the time
of building permit application. The change may
result in a lesser up-front review time due to
the explicit setback requirements for non-
conforming lots.
RELATED CODES OR REGULATIONS: None.
Proposed Amendment:
2.2.2.4.3 'Minimum Yard Requirements.
1. IFront Yard. Fifty,feet (50')
2. Side Yard, Thirty feet (30')
3. Rear Yard, Fifty feet (50')
4. Yard Reauirements for Non-conforminq Dots
of Record,
a. Front Yard. Forty feet (40').
b. Side Yard. Ten Percent (10%) of thO
lot width. not to exceed a maximum of
20 feet on each side.
c. Rear Yard. Thirty feet {3Q')
Words ~ are added; words eWuek theeugh are deleted.
ORIGIN: Staff
AUTMOR: Wayne Arnold
DEPARTMENT: Site Development Review
LDC PAGE: 2-28
LDC SECTION: 2.2.10.4.3.1, 2.2.10.4.3.2 & 2.2.10.4.3.3.
CHANGE: Modify 50' front, side and rear yard
requirement and renumber sections as
applicable. Reduce the front yard requirement
for non-conforming MH lots of record.
REASON: No historical justification
FISCAL IMPACT: None. The proposed changes to this section do
not affect current budget or staffing levels.
Costs to affected parties are not directly
affected, but could be reduced by providing an
increased building envelope on a site which
might otherwise require the developer/builder
to obtain a variance prior to construction.
The modified building setback requirement will
continue to be implemented through the typical
building permit review process, and will not
necessarily result in any change to review
time-frames or procedures.
RELATED CODES OR REGULATIONS: None.
PROPOSED AMENDMENT:
2 2 10 4 3 1 Front Yard. Twenty-five feet (25')~T
whe~ -~ .... ~ ~e public ~ ~ t-e t-he
bcundaric~ cf the --^~cct flf~y feet ~S0')
2.2.10.4.3.2 Side Yard. Seven and on/half feet (7 1/2')~T
...... ~ when -~ .... ~ t~e pu'a4=~e -^-~- ~
2.2.10.4.3.3 Rear Yard. Ten feet (10')~T except when
2.2.10.4.3.4 From exterior boundary of Dro~ect or Dark~
fifteen fee~ (15'~ or the minimum applicable
yard, whichever ~reater.
2.2.10.4.3.4~ Yard Exceptions. Any non-conforming, platted
MH lot of record or non-conforming MH lot
located within a mobile home rental park which
was in existence before the effective date of
this code shall be subject to the following
standards:
Front Yard. ~Ten (1Q') feet
Words underlined are added; words et-~uek--t~;rcugh are deleted.
ORIGIN: Staff
AUTHOR: Wayne Arnold
DEPARTMENT: Site Development Review
LDC PAGE: 2-31
LDC SECTION: 2.2.11.2.2, Uses Accessory To Permitted Uses.
CHANGE: Modify accessory uses of TTRVC zoning district
to address resident and County concerns.
REASON: BCC direction from public petition to work with
TTRVC owners to address concerns
FISCAL IMPACT: None. The proposed modifications to the
accessory use section of the TTRVC district are
the result of a public petition and BCC
direction to address concerns over permitted
accessory structures. The below changes will
result in no additional requirements for
personnel to implement or enforce the Code.
Funds are currently budgeted to accomplish the
required review, and compliance with these Code
provisions will continue to monitored through
the building permit review process.
Enforcement costs could actually be reduced due
to the County seeing increased compliance with
the Code by residents of TTRVC parks because
the changes reflect accessory structure
standards endorsed by the residents.
RELATED CODES OR REGULATIONS: None.
PROPOSED AMENDMENT:
2.2.11.2.2
4. Accessory uses and structures customarily associated with
travel trailer recreational vehicle lots, including:
a. Enclosed utility/storage area of the same siding material
and architectural style as that of the associated
recreational vehicles, not to exceed an area of sixty (60)
square feet. Any utility/storage area shall be located
adjacent to its associated recreational vehicle~ and made a
continuous part of a screened-in porch where such a porch
is attached to the vehicle as herein provided. Where
utility/storage areas are m~de a continuous Dart of a
screened-in Porch. the area of the utilitv/stora~e area may
not exceed 25% of the area of the screened-in Dorch or 120
~quare feet. whichever lesser.
Words underlined are added; words e%~P~e~~3h are deleted.
b. for recreational vehicles fixed by a permanent anchoring
~ystem. a screened-in porch elevated or at ground level
with a solid roof structure, architecturally compatible
with its associated recreational vehicle, not to exceed an
area equal to the area of the recreational' vehicle to which
it is attached. Said screened-in porch shall provide for
any site utility/storage space requirements as herein
provided and shall not contain any other interior walls.
All such screened enclosures must be permitted and
constructed according to this Code and applicable building
codes Ne ~eating aJ~P ~ e~ ~ ..... e~ e
ccnstructcd e ccntalncd ~ such e~ ~
Exterior walls may be enclosed with screen. ~lass or vinyl
windows, except the storage area ~ shall be enclosed with
the same material as the principal unit. Vinyl ~ arc
requirc~ ~ cxtcnd ~ ~ undcrsidc ~ ~hc rooZ ~
F .......... ~ ...... ~abcva ~- finish flccr.
Words ~ are added; words et-~,M~--t4~e~h are deleted.
ORIGINs Staff (Community Development).
AUTHORs Bob Mulhere, Acting Current' Plannimg Mgr.
DEPARTMENTs Site Development Review Department.
LDC PAGEI 2-52
CHANGEl To provide language requiring outdoor storage yards to be
fenced.
REASON~ Numerous calls and complaints have been received by Code
Enforcement from property owners abutting various types of storage
yards due to the fact that no fencing is required to screen such
storage yards. Additionally, the minimum landscape requirements, which
eventually provide some degree of buffering, do not provide for an
effective screen between the storage yard and the adjacent properties.
FISCAL IMPACTs This change qualifies as new regulation in that it
proposes to require all storage yards in the C-5 District be enclosed
with an opaque fence or wall, or equivilant landscaping, a minimum of
seven feet in height. This will have an impact on the developers and
property owners by requiring opaque fencing or screening for all new
storage yards. It should be noted that many of these storage yards will
be enclosed with fencing for security reasons, but these fences are not
opaque and do not provide a visual barrier. The cost of installing an
opaque fence versus one that is transparent'is not significantly
greater.
RELATED CODEB OR REGULATIONBs N/A
BEC. 2.2.15 1/2 liEAirY COMMERCIAL
2.2.15 1/2.2.1
17. Outdoor Storage Yard, provided outdoor storage
yard not be located closer than twenty-five feet
(25') to any public street and that such yard be
completely enclosed, except for necessary
ingress and egress, Dursuan~ to the requirements
of Section 2.2.15 1/2.6 of this Code.by an
epaquc fcnc= ..... 'I not Ices than six ....... ).
~ .... ' "~ ..... '~^~ ""~" that tIhis
provision shall not allow as a permitted or
accessory u~, pe~ wrecking yards, junk
yards, or yards used in whole or part for scrap
or salvage operations or for processing,
storage, display, or sales of any scrap
salvage, or second hand building marterials,
Junk automotive vehilces, or second hand
automotive vehicle parts.
Words underlined are added; words struck thrcugh are deleted.
2.2.15 1/2.6 Fence Reauirements. All permitted or conditional uses
allowing for storage other than within an enclosed
building. includin~ but not limited to storage of
man~f~qtured products. raw or finished materials, or
Vehicles other than vehicles intended for sale or
resale. shall be required to screen such storaqe
areas with a fence, 9[..¢quivilant landscaDin~ or
Gombi~tion thereof, not less than seven feet (7'~ in
heiqht aboVe..qround level, Said fence or wall shall
be opaque in design and made of masonry, wood, or
9ther materials approved bv the Site DeYelopment
R~yiew Director,
2.2.15 1/2.7 Li~htin~. Lighting shall be ...
~ Signs. As required in ...
Words ~ are added; words e~ugh are deleted,
LAND DEVELOPMENT COD~ AMEND}tENT
ORIGIN: Staff
AUTHOR: Donald W. Arnold, AICP
Acting Site Development Review Director
DEPARTMENT: Site Development Plan Review
LDC PAGE: 2-50 and 2-51
LDC SECTION: 2.2.15 1/2.3
CHANGE: Renumber conditional uses of the C-5 Zoning
District
REASON: Scrivenor's Error
FISCAL IMPACT: None.
RELATED CODES
OR REGULATIONS: None.
PROPOSED AMENDMENT:
2.2.15%.3 Conditional Uses ~or C-5. The' following uses are
permissible as conditional uses in the Heavy
Commercial District (C-5), subject to the standards
and procedures established in Div. 2.7.4.
1. Agricultural Services (groups 0741-0742,0752,
with outdoor kenneling)
2. Amusement and Recreational Services - Outdoor
(groups 7948, 7992, 7996, 7999)
3. Bottle Clubs (All establishments engaged in
the retail sale of alcoholic beverages for
on-premise consumption are subject to the
locational requirements of Sec. 2.6.10).
~ ~. Child Day Care Services (8351), provided:
a. All areas and surfaces readily accessible
to children shall be free of toxic sub-
stances and hazardous materials. This
shall include all adjacent and abutting
properties lying within five hundred feet
(500') of the Child Care Center's nearest
property line.
1) For purposes of this subsection, the
following definitions shall apply:
(a) }Iazardous Materials: A mater-
ial that has any of the fol-
Words underlLned are added; words strack-ehroa~h are deleted.
1owing properties; ignitable,
corrosive, reactlye and/or
toxic.
(b) Toxic Substances: A substance
which is, or is suspected to
be, carcinogenic, mutagenic,
teratogenic, or toxic to human
beings.
b. It shall not be located within five hund-
red feet (500') of the nearest property
line of land uses encompassing wholesale
storage of gasoline, liquefied petroleum,
gas, oil, or other flammable liquids or
gases.
c. It shall not be located on the same
street customarily utilized by con-
struction truck traffic from asphalt
plants and excavation quarries.
d. It shall have a minimum lot area of
twenty thousand (20,000) square feet and
a minimum lot width of one hundred feet
(100').
e. It shall provide a minimum usable open
space of not less than thirty percent
(30%) of the total square footage of the
lot area.
f. It shall provide that all open spaces to
be used by children will be bounded by a
fence of not less than five feet (5') in
height, to be constructed of wood,
masonry or other approved material.
g. It shall provide a landscape buffer in
accordance with Div. 2.4.
h. It shall comply with the State of
Florida, Department of Health and Re-
habilitative Services Child Day Care
Standards, Florida Administrative Code,
Chapter 10M-12, effective March 11, 1986.
i. Where a Child Care Center is proposed in
conjunction with, and On the same parcel
as, a facility which is a permitted use,
the requirements set forth in subpara-
graphs a-h above, with the exceptions of
d and e, shall be used to provide the
protections to children using the Child
Care Center intended by this Section
consistent with the development of the
proposed permitted use.
Communications (groups 4812-4841) with com-
munications towers that exceed specified
height, subject to Sec. 2.6.35.
Farm Product Raw Materials (groups 5153-5159)
Words underl{ned are added; words a~;u;k-&htouRh are deleted
~ 1- Fuel Dealers (group 5983-5989)'
~ ~. Homeless shelters, as defined by this Code.
6 ~. Hotels and Motels (gToups 7011, 7921, 7041
when located outside an Activity Center)
~ 10. Justice, Public Order and Safety (groups
9223-9224)
~11. Kiosks
1112. Local and Suburban Passenger Transportation
(groups 4131-4173)
~iA- Motion Picture Theaters (7833, drive-ins)
~-~14. Permitted uses with less than seven hundred
(700) square feet of gross floor area in the
principal structure.
~-~15. Soup kitchens, as defined by this Code.
~16. Transfer Stations (4212 local refuse collec-
tion and transportation only).
12942
Wor~A underlLned nre ndded~ words s~r,ck-~r-u~h are deleted.
ORIGINs Staff (Community Development)
AUTHORs Bob Mulhere, Acting Current Planning Mgr.
DE)ARTMENTx Site Development Review Department.
LDC i?AGE: 2-56
CHANGEs To remove language requiring outdoor storage yards to be
fenced only when abutting residentjelly zoned or used land (requiring
outdoor storage yards to be fenced). Note= This change would not effect
existing properties. Existing properties which do not provide an opaque
fence or wall will only be made to comply as expansion or redevelopment
OCCURS.
REASON= Numerous calls and complaints have been received by Code
Enforcement from property owners abutting various types of storage
yards due to the fact that no fencing is required to screen such
storage yards when the adjacent properties are not zoned residential.
Additionally, the minimum landscape requirements, which eventually
provide some degree of'buffering, do not provide for an effective
screen between the storage yard and the adjacent properties.
FISCAL IMPACTs This change qualifies as new regulation in that it
proposes to require all storage yards in the Industrial District (not
Just those which abut a residentJelly zoned property) be enclosed with
an opaque fence or wall. This will have an impact on the developers and
property owners of industrial properties by requiring opaque fencing
for all new storage yards. It should be noted that many of these
storage yards will be enclosed with fencing for security reasons, but
these fences are not opaque and do not provide a visual barrier. The
cost of installing an opaque fence versus one that is transparent is
not significantly greater. In fact, staff inquiries reveal that a chain
link fence costs between $6.00 and $8.00 per linear foot, installed.
Adding slats to a chain link fence to provide opacity will increase the
cost by approximately $2.00 a foot. Wooden fencing costs start at about
$20.00 per linear foot and masonry walls or landscaping can be
considerably more expensive when required to be opaque to a height of
six to seven feet.
RELATED CODES OR REGULATIONS= N/A
CCPC RECOMENDATIONs Amend the LDC as depicted below.
SEe. 2.2.16 INDUSTRIAD DISTRICT (I).
2.2.16.6 Fence Requirements. ~l--pef~t~-ee~eee
~erm~ed as a ~c~nc~a~ use o~ the orooe~v and any
~u~dooc s~o~e v~rd abu~tn~ a res~dent~a~v zoned
~ u~h a fence a~ ~eas~ seven ~ee~ (?~)
above gcound ~eve~. or ~ndsca~[nq
sha~ be opaque ~n design and made
o~ o~he~ ma~ec~a~s app~oved by ~he S~e Deve~opmen~
Rev~e~ D~ec~o=.
~o=ds unde~].~ned a=e added; ~ocds e~-~ue}; ~h~eh ace deZeted.
ORIGIN: BCC Directed pursuant to Comprehensive Growth Management
Plan Amendment
AUTHOR: Bryan Milk, Project Planner
Michelle Edwards Arnold, Senior Planner
DEPARTMENT: Current Planning, Development. Services
LDC PAGE: 2-52
LDC SECTION: 2.2.16~
CHANGE: Amend Division 2.2 by adding a new Business Park Zoning
District (BP).
REASON: Growth Management Plan Amendment Petition Number
CP-93-04, amended the language of the Urban Industrial
District within the Future Land Use Element to allow for
business parks within industrially designated land use
areas of Collier County. This amendment to the LDC will
serve to implement the GMP by providing a mixture of
industrial and office uses which compliment each other
and by providing convenience services and amenities for
the employees within an industrial project.
FISCAL IMPACT: This change is a result of Board direction and has been
written so as to comply with the Comprehensive Plan
Amendment adopted by the BCC. An action to fezone
property to Business Park will require the submission of
a fezone application fee which will cover the cost of
processing, staff review time, advertising and property
owner notification. Thus, there will be no fiscal impact
on the County associated with this amendment. The fiscal
impacts on the applicant will be no different than those
associated with any application to fezone land in
Collier County.
RELATED CODES OR REGULATIONS: Not Applicable.
CCPC RECCOMENDATION: Amend the LDC as indicated below.
~ ~usin~ss Park Oistrtc~ [BP)
~ Purpose and Intent: The BUrDOSe and intent of the
Business Park District (BP~ is to provide a mix of
in~rial uses and offices which compliment each other
and provide convenience services for the employees
within the District. It is intended that the BP
District be desi~ned an ~ attractive Dark-like
environment. with low structural density and large
landscaped areas provided for both the functional use of
bufferin~ and enjoyment by the emoloVees o= ~be DP
District, The Bp DlstriC~ corr¢s~o__D~S..to and i~plements
the Industrial land ~]se desi~LOation on the Future Land
Use Map of the co~lie[ CouO~ Growth Management Plan.
Words ]Irh~]9/lt~ are added; words ...... '- ~ ..... ~ are deleted.
/
~ Permitted Uses: The followina ue, es,' as identified
within the Standard Industriai C].assification Manu~l
(1987). or as otherwise provided for within this
Section. are Permitted as a riaht. or as uses accessory
to permitted uses in the Business Park District (BP].
L2_a/L~ Permitted Uses:
1. Aircraft and Parts ~rOUDS 3721 - 3728]
2. Apparel and Other Finished PrOdUct~ (~rOUDS 2311 --
2399]
3.Buildinq Construction [~roUDS 1521 - 1542]
4. Business Services (~roUDs 7312, 7313. 7319. 7334 -
7396, 7342 - 7389, Dot includinq auction rooms
{5999]]
$,. Child Day Care $~rv~ces (9roup 835~)
6. communications {qroups 48~ - 4899 not IDclUdinq
communication towers)
7. Construction: Special Trade Contractors (qrouDs
1711 - 1799)
8. Depository and Non-Depositor,! Institutions
6011 - 6163)
9. Dru~s and Medicines (qr0UDS ~833 - 2836]
10. Eatin~ Places ~nroun 5812 not includin~ fast foods
and drive-thru restourants]
11. Educational Services (arouDs 8243 - 8=49]
12. Electronics and Other Electrical Eouipmem~
MaDufacturinq [qrouDs 361~ - 3699]
13, Enqineerin~, Account~. ResearCh, Management add
~e~ated Services [groups 87]] - B748]
14, Furniture add FiXtures MaDuf~cturiDq {qroups 251~ -
2599]
15. Government Offices/BuildinGs fOreUPS 9111 - 9~29,
9411 -- 9451. 9511.- 953~. 9611 - 9661]
Industrial and Commercial Machinerv and CompUter
EGuiDment {~rOuDS 3511 - 3599)
17. Industrial Inoroanic Chemicals (~rOUDS 2812 -- 28~9)
18. Job Traininq and Vocational Rehabilitation SerViCes
(~rOUD 8331]
19. Peather and Leather Products (grOUps 3131 -
Measuring, An~]yz]qg. aqd Coqtro]l~q I~trument~:
Photographic. Medical add Optical Goods: watches
and Clocks Manufaqturinq {nroUps 3812 - 3873]
21. Medical Clinics [~rOUDS 8Ollo 8021. 8041 -- 8049},
provided that said use shall be permitted only
related, accessory use. supportive and incidental
to the primary, planned research office facilit%~s
and further provided that any such use shall b~
oriented internally ~O ~he ma'tor development of the
Planned research office facilities, with no direct
access to ma~or arterials external to the Dro~ect,
Words %]Dderline~ are added'; words e~l~ue]( ~ba~eugh are deleted.
22. Medical Laboratories and Research and
Rehabilitative centers (CrOUD~ 8071. 80931
23. M~mbershiD Orcanizations (CrOUDS 8611: Business
Associations. 8631: Labor Unions and Similar Labor
Orcanizationsl
24. Miscellaneouu Manufacturina Industries (croups 3911
- 3999)
25. Museums and Art Galleries (CrOUD 8412}
26. Ordinance and Accessories. not elsewhere classified
(croups 3482 - 3489)
27. Paper and Allied Products (CrOUDS 2621 - 2679)
28. Personal Services (CrOUDS 7211 - 7219)
29. PhYsical Fitness Facilities (group 7991~
30. Plastic Materials and Synthetics (groups 2821 -
31. printing. Publishing and Allied IndUstries faroups
32. PrOfessional Offices: Travel agencies (GrOUD 4724}:
insurance agencies: (qrOUD 6411): Real Estate
(CrOUDS 6531. 6541. 6552. 6553): }|oldinc & other
Investment offices (grOUPS 6712 - 6799): AttorneYs
{grOUD 8111)
33. Rubber and Miscellaneous Plastic Products (~roup~
~021. 3052. 3053)
34. Transportation EcuiDment {CrOUDS 3714. 3716. 3731.
3732. 3751. 3761. 3764. 3769. 3792. 3799~
35. United States Postal Service {g[o~p 4311)
~6,. wholesale Trade-D~irable Goods (groUps 5012 - 5014.
50~1 - 5049. 5063 - 5092. 5094 - 5o99~
37, Wholesale Trade-Nondurable Goods (groups 5111 -
5159. 5181. 5182. 5191 except that wholesale
distribution of chemicals. fertilizers.
insecticides. and Desticides shall be a minimum of
500 feet from a residential zoning district. 5192 -
5199)
38. Any other use which is comoareble in nature with
the forcoinc uses and is otherwise clearly
gonsistent with the intent and purpose statement of
the district.
~.2.16~.2.2 Uses Accessory to permitted'Uses:
1. Uses and structures that are accessory and
incidental to uses permitted as of right in the BP
2. Caretaker's residence. subject to Section 2.6.16.
Retail sales and~or display areas as accessory to
the principal use. not to exceed an area creater
%ban twenty percent (20%) of the cross floor area
~f the permitted principal use and subject to
retail standards for landscaping. parkin~ and ooen
space,
Words~L~Lltfh~ are added; words eegh are deleted.
~ General Requirements: The followina reauirements shall
aPPlY tO the Business Park Zonin~ District and/or
~.~siness Park PUB District.
1. Business P&rks shall be a minimum of 35 contiguous
acres. The term contiguous shall include
properties separated bv either an intervenin~
Planned or developed public street riaht-of-wav:
Drovidedo however. no portion of such separated
properties shall be less than five ~5) acres.
2. Business Parks ~hall be permitted tO develop with a
maximum of 40% commercial uses, For tb~ purposes
of this sectiQn. commercial uses are defined as
offices. financial institutigDs, ~ultur~l
facilities. fitness centers. child care centers,
restaurants and PUblic and semi-p~blic facilities,
3. Business Parks shall have direct access tO ~n
arterial or collector street. with an internal
circulation system that prohibits industrial
traffic from traveling through Predominantly
residential areas.
4. Access shall be in accordance with the Collier
~ountv Access Manaqement Pol.icv or plan and
consistent with Objective 7 and Policv 7.1 of The
Traffic Circulation Element,
5. Business Parks shall have ceDtra~ water a~d sewer,
and shall not Generate light, BOiSe Or odors so as
to be incompatible with surrQUD~l~ land uses,
2.2.16~,~,~ Dimensional standards; The followin~ dimensional
standards shall aDD1V tO all permitted. accessorv. and
conditional uses in the Business Park {BP]. Where
SPeCifiC development criteria and standards also exist
in the Immokalee Master Plan or in the Future Land
Element of the Collier County Growth Management P~aD,
they shall supersede any less stringent reGuirement or
place additional re~uir~ments on development,
2.2.16~.2.4.1 f[lnimum Lot Area: Twenty thousand 20.000' s~uare feet.
2.2.16~.2.4.2 Minimum Lot Width; One hundred feet
~.2.16~.2.4.3 Minimum Yard Reouirements for principal and accessory
structures:
1. Front Yard: Fifty feet ~50'~
2. Side'Yard: The sum total of the side yards
be twenty percent (20%] of the lot width, PQt to
Words underlined are added; words e-~uek theeugh are deleted.
exceed a maximum of fifty feet fS0'). This yard
reauirement may be apportioned between the side
yards in any manner. except that one (1] side yard
may not be less than ten feet (10'] unless the
structure is constructed at the side Property line,
3.Rear Yard: Fifteen feet (15']
4.Yard abutting Residenti~l Lot: Fifty feet (50'}
2.2.16~.2.4.4 Distance Between Structures: If there is a separation
between any two (2] PrinCiPal structures on the same
parcel. said separation shall be a minimum of fifteen
feet (15] or a distance eGual to one-half (~} the sum
their heiqhts, whichever is the qreater,
2.2.16~.2.4.5 Maximum Melqht of Structures: Thirty five feet
2.2.16~.2.4.6 Minimum Floor Are~; One thousand (1.000~ square feet,
2.2.16~.2.4,7 Maximum Building CoveraGe: Maximum buildinq coverage
shall not exceed fortv-five percent {45%~ of the let
area.
2.2.16~.2.4.8 Minimum Open Space: A minimum of thirty percent
of each lot shall be devoted to eden space. eden space
shall be that unoccupied space which is not used for
buildinqs. parkinG. driveways. or structures and which
is eden to the sky. On improved lots. eden space is the
area between and around structures. including recreation
areas.
2.2.16~.2.4,9 Minimum Off-Street Parking and Off-Street Loading; As
reGuired in Division 2,3,
2.2.16~.2.4.10 LandscaDin~: As recuired in Division 2,4,
2.2.16~.2,5 ~ LiGhtinG shall be located so that no light
aimed directly toward a Droparty designated residential
if liGhtinG is located within two hundred feet (200'~ of
residential Droparty.
2.2.]6~.2.6 ~L_qfL~_L As required ~n D~v]s|on 2.5,
2.2.16~.2.7 StoraGe: No outside storaGe'or diSPlaY shall be
Permitted. The Darkin~ of CommerCial vehicles may
Permitted on improved Propert_v. nrovided such narkinq be
limited to the rear yard. Furthermore. such Darkinq
areas. when located on a ].ot abutting a residential
district. shall be screened from said residential
~istrict. Such screen may be in the form of wall~
fences. and shall be at least six feet (6'} in heiqht,
Words ~L~L~Jj3_e_~ are added; words s~uek th~M~{Jh are deleted.
Said walls or fences shall be opaaue in desJan and made
of masonry. wood. or other materials approvqd by the
Development Services Director. Chain linked fences
shall not be permitted,
f~ As reauired in Division 3.2,
Words ~U~ are added; words etruck thr=ugh are deleted.
ORIGIN! Staff
AUTHOR: Wayne Arnold
DEPARTMENT% Site Development Plan Review
LDC PAGE: 2-64
LDC SECTION: 2.2.20.3.1
CHANGE: Clarify density calculation for mixed use PUDs.
REASON: Current language requires interpretation.
FISCAL IMPACT: This modification will not require any
additional staff time or equipment resources to
implement. Clarification of the method by
which density is calculated could actually
reduce the staff time associated with
interpreting density provisions. Calculation
of density will continue to be determined
during the PUD rezoning process and will result
in no direct costs to the applicant.
RELATED CODES OR REGULATIONS: None.
PROPOSED AMENDMENT:
2.2.20.3.1 Maximum Residential Densities.
1. Maximum residential density permissible for the
overall PUD shall be guided, in part, by the
Density Rating System contained in the Future
Land Use Element of the Growth Management Plan.
The overall maximum residential density
permissible or permitted in a PUD shall be
calculated by dividing the total number of
dwelling units by the total of gross acreage of
the proposed PUD excluding the acreage of the
areas designated for commercial~ and
industrial, or other land use having ~D
established eauivalent residential density in
thi~ Land Develooment Code 4~met-s e~
· ~e~NH~ef~s. The maximum density permissible or
permitted in a PUD shall not exceed the density
permissible under the Density Rating System.
Words ~ are added; words ztr'ack thrGug~ are deleted.
ORIGIN: Environmental Advisory Board
AUTHOR: Fred Reischl, Enviromental Specialist II
DEPARTMENT: Site Development Review, Current Planning Section
LDC PAGE: 2-87
LDC SECTION: 2.2.24.8
CHANGE: Addition of language to allow renovation or
replacement of a single family structure to qualify
for an exception to the special treatment (ST)
reglations.
REASON: As an exception to the ST .regulations, renovation
or replacement of a single family struture within
an ST zoning overlay ,district, may be approved
administratively.
FISCAL IMPACT: This amendment, if approved, will allow for
renovation or replacement of an existing single
family structure within an ST overlay area via
administrative approval. Previously, in all
circumstances, such an action required
Environmental Advisory Board and in some cases BCC
approval. Allowing for administrative approval
will have a beneficial impact to the County in
that staff time needed to process such a petition
will be reduced since no public hearing and
attendant advertising~ reports and agenda
transmittel costs will be incurred. This will also
be beneficial to the applicant (property owner) as
administrative approval of such exception requests
will not be subject to advertising and agenda
deadlines. Operationally, this change will have no
impact as the existing environmental staff will
review these exception requests as in the past they
have reviewed the ST permit applications.
RELATED CODES: The applicant will still be subject to other zoning
regulations and building codes.
CCPC RECCOMENDATION~ Amend the LDC as indicated below.
2.2.24.8 Exceptions. Where land has an "ST" designation
and the proposed alteration or development area
contains twenty (20) acres or less in gross
area, and where no transfer of development
rights are involved, the Development Services
Director may approve a Site Alteration Plan or
a Site Development Plan. Prior to such
approval, the Development Services Director
shall make a finding that the following
conditions .exist:
Words ~ are~added; words e~a~--~M~ are deleted.
LDC Changes
Section 2.2.24.8
Page 2
1. The proposed site alteration or site
development plan will not require any
modification, with the exception of exotic
vegetation removal, of the topography,
drainage, flora, or fauna on the site.
2. Singlelfamily principal ~tructure where the
proposed site alteration or site
development plan will not require any
significant modification of topography,
drainage, flora, or fauna on the site, or
where the alteration involves the
renovation or replacement of a siR~le
family structure. Significant modification
shall mean greater than ten (10) percent of
the site.
3. No pollutants will be discharged from the
area that will degrade the air, water or
soil below the levels existing at the time
of application.
All other site alteration or site development
plan approvals of any size shall be as required
in Sec. 2.2.24.4, 2.2.24.5 and 2.2.24.6.
Words ~/~ are added; words =truck '~ ...... are deleted.
ORIGIN: At the request of the Historical & Archaeological
Preservation Board (HAPB).
AUTHOR: Raymond Bellows
Project Planner
DEPAR~MENT: Current Planning, Development, ServiCes
LDC PAGE: 2-93 and 2-94
LDC SECTION: 2.2.25.3.10
CHANGE: Amendment to the Collier County LDC Article 2, Division
2.2. Applicability During Development review Process.
REASON: The Chairman of the Historic/Archaeological Preservation
Board requested the change to give the Community
Development Administrator the ability to consult with an
accredited archaeologist since one is not employed by
the County.
FISCAL IMPACT: It is not expected that this option, allowing the
Administrator to require the examination of a particular
site, on which evidence of archaeological significance
has been discovered, by an independent accredited
archaeologist, will be excersized often. If this option
should be invoked however, the associated costs will be
bourn by the developer/property owner.
RELATED CODES OR REGULATIONS: Not Applicable.
CCPC RECCOMENDATION: Amend the LDC as indicated below.
SEC. 2.2.25.3.10 Waiver Request. Properties located within an area of
Historical/Archaeological Probability with low potential for
historical/archaeological sites may petition the Community
Development Services Administrator or his designee to waive
the requirement for an Historical/Archaeological Survey and
Assessment. The waiver application shall be in a form
provided by the Community Development Services Division. The
Community Development Services Administrator or his designee
shall review and act upon the waiver request within five (5)
working days of receiving the application. The waiver request
shall adequately demonstrate that the area has low potential
for historical/archaeological sites. Justification shall
include, but not be limited to, an aerial photograph
interpretation, a description of historical and existing land
uses, and an analysis of land cover, land formation, and
vegetation. The Community Development Services Administrator
or his designee may deny a waiver, grant the waiver, or grant
the waiver with conditions. He shall be authorized to require
examination of the site by an accredited archaeologist where
deemed aDproDriate. The applicant shall bear the cost of such
8n eva]uation by an indCpcnd~nt agE3led|:ted archaeologist. The
decision of the Community Development Services Administrator
or his designee regarding the waiver request shall be
provided to the applicant in writing. In the event of a
denial of the waiver request, written notice shall be
provided stating the reasons for such denial. Any party
aggrieved by a decision of the Community Development Services
Administrator or his designee may appeal to the Preservation
Board. Any party aggrieved by a decision of the Preservation
Board regarding a waiver request may appeal that decision to
the Board of County Commissioners utilizing the procedure
outlined in Sec. 2.2.25.11..
Words ~ are added; words eWuok--throu~h are deleted.
ORIGIN~ LDC Amendment Petition by Robert Duane, AICP, Planning
Director, Hole Montes& Assocaites.
AUTHOR~ Bob Mulhere, AICP
Acting Current Planning Manager
DEPARTMENT: Site Development Review Dept.
LDC PAGE~ 2-104,2-105
CHANGE: Allowance of off-site parking on lots not under the same
ownership, under certain circumstances and subject to
certain restrictions.
REASONz Currently, the only methodology to provide off-site
parking on lots not under the same ownership as the lots containing the
business said parking is intended to serve, is ~hrough a Shared Parking
agreement by approval of. the BZA via public petition. This language
change would allow such parking facilities to be approved
administratively provided the off-site facility meets the locational
restrictions set forth in Section 2.3.4.11.1 & 2, and further provided
that:
1. the properties are contiguous; and,
2. the parking is in excess of that required by Section 2.3.14
OFF-STREET PARKING AND STACKING: REQUIRED AMOUNTS; and;
FISCAL IMPACT: This amendment will only allow off-site parking on
properties not under the same ownership in cases where the minimum
required parking per code is already provided on site. Such request
will be relatively few in number. This amendment will not require any
additional fees beyond what the Code currently requires and thus will
have no negative fiscal impact on the County or the applicant.
RELATED CODES OR REGULATIONS~ N/A.
DIV 2.3 OFF-STREET PARKING AND LOADING
SEC 2.3.4.11 Locational Requirements.
1. All required off-street parking facilities shall be
located on the same lot they serve or may be
located on another lot ~nder the same or different
ownershiP eT~-}e%~s--~dcr the sam= cwncr=hlp,
provided:
A. the lots are contiguous or would be contiguous
except that a roadway that is not designated
as a collector or arterial in the Traffic
Circulation Element of the Growth Management
Plan; and,
Words ~ are added; words e%~uek thPeu~h are deleted.
LDC Amendments/~off-site parking
Staff side sheet
Page two
B. the lot proposed' for parking permits parking
facilities or the same or more intensive land
uses than the lot on which the principal
structure is located, 9r the locational
reauirements for com~Fcial uses identified in
~he FUture Land Use Element of the Growth
Manaqement Plan can be met.
C. that in the ca~e of off-site parking
facilities DrODOSed tO be located on a lot or
lots not under the same 0WnershiD as the lots
on which the business or use said D~rkina i~
intended to serve is located. such off-site
Darkinq may a~Drov~d as follows:
1. subject to the procedures set forth in
Section 2.3.5 of this Code: or.
2. when the off-site Darkina is 1Q~te~ on
property contiquous to the Droper~v o~
which the business or use it is intended
~o serve is located ~Dd is in ¢M~¢ss o~
the minimum amount of Darkinq required
Pursuant to Section'2.3.14 of this ~0~,
Words~l~V/j~ are added; words o~ruck thr=u~ are deleted.
ORIGIN: Staff
AUT~0R: Chahram Badamtchian
DEPARTMENT: Current Planning, Development Services
LDC PAGE: 2-121
REASON: LDC does not provide any size requirements for
loading spaces.
FISCAL IMPACT: The code currently requires a loading space
for commercial activities and in fact business
owners are desirous of providing a safe and
convenient location for loading and unloading
products in support o['their operation. This
change is intended to simply provide for a
minimum size of the required loading space and
will have no fiscal or operational impact on
either the County or the business operator or
developer.
RELATED CODES: None
CCPC RECCOMENDATION: Amend the LDC as indicated below.
SEC. 2.3.19.6 Minimum loadin~ space size. Each loadina space
~ball be a minimum of ten feet/10'~ by twenty
feet ~20'~ in size.
Words ~ are added; words et~ae:: thresh are deleted.
ORIGIN: BCC Directed
AUTHOR: Joseph F. Delate, RLA, ASLA
Landscape Architect
DEPARTMENT: Current Planning, Development Services
LDC PAGE: 2-139
LDC SECTION: Table 2.4
CHANGE: Amend Table 2.4 by adding Business Park Zoning District
(BP) to Landscape Code Land Use Classifications.
REASON: Addition of Business Park Zoning District (BP) to Land
Development Code necessitates adding this district to
landscape code so that uniform landscaping is provided
in this new zoning district.
FISCAL IMPACT: None. (For a more in-depth fiscal impact statement, see
Business Park Amendment.)
RELATED CODES OR REGULATIONS: Not Applicable.
7. Commercial (C-1,
C-l/T, C-2, C-3,
C-4, C-5);
BUsiness Park
Words UDderlined are added; words =truck through are deleted.
ORIGINs Scrivener's Error
AUTHORs Bob Mulhere, Acting Current Planning Mgr.
DEPARTMENT z Site Development Review Department.
LDC PAGEz 2-145 & 2-147
CHANGE= Addition of language approved by the BCC
during the last amendment cycle but apparently
inadvertently deleted from the final draft sent to the
Secretary of State.
REASON~ Scrivener's error
FISCAL IMPACTs None.
RELATED CODES OR REGULATIONS~ N/A
DIV. 2.5 SION8.
SEC 2.5.6 p~OHI~ITED SIGNS.
2.5.6.22 Accent lighting on walls of
~ommer~ial buildin~s that abut
residentialIv zoned parcels.
SEC 2.5.S.1.5.2 Accent Lighting.
2. Accent lighting cannot exceed
one and one-half inch (11/2")
in diameter per tVbe or strand.
Words ~ are added; words are deleted.
ORIGIN= In support of Business Park District (BCC Directed)
AUTHOR: Bryan Milk, Project Planner
DEPARTMENT: Current Planning, Development Services
LDC PAGES: 2-145, 2-148, 2-149 and 2-150
LDC SECTION: 2.5.8..1.1, 2.5.8.2.2.1, 2.5.8.2.6.1 and 2.5.8.3.5
CHANGE: Identify new Business Park zoning district within
Division 2.5.
REASON: Reference to the Business Park zoning district within
Division 2.5 will ensure adequate and consistent sign
regulations for this new zoning district.
FISCAL IHPACT: A fiscal impact will not result from this amendment.
RELATED CODES OR REGULATIONS: Not Applicable.
2.5.8.1.1 Pole or Ground Slans, Single occupancy parcels,
shopping centers, office complexes, business parks. or
industrial parks having frontage of one hundred fifty
feet (150= I) or more on a public street, shall be
permitted one (1) pole, or two (2) ground signs. In
addition, multiple occupancy parcels such as shopping
centers, office complexes, business parks, or industrial
parks containing twenty five thousand (25,000) square
feet or more of gross leasable floor area will be
permitted one (1) directory sign with a maximum size of
two hundred fifty (250) square feet for a single
entrance on each public street.
2.5.8.2.2 Construction Stqns. One (1) temporary on-site
construction sign may be permitted for each parcel,
identifying the name of the' development, company and
contractor, and other pertinent similar information,
which shall be removed at the time a certificate of
occupancy is issued for the building or structure, or
when seventy percent (70%) of a residential development
is constructed and shall not exceed the following size
restrictions:
1. Residential, industrial, business Dark. commercial
and institutional developments within all zoning
districts over 10 acres in size: A temporary sign
not to exceed sixty (60) square feet at each street
frontage.
Words ~ are added; words ek ~h~-e~h are deleted.
2.5.8.2.6 Real Estate Sians. One (1).temporary on-site ground or
wall "For Sale", "For Rent", or similar sign within each
front ¥Xard for each parcel or lot in excess of ten (10)
acres in size, may be erected subject to the following:
1. Residential, industrial, business Dark. commercial
and institutional developments within all zoning
districts.
2.5.8.3.5 Commercial. Business Park and Industrial Directional or
IdeDtification Signs. Directional or identification
signs no greater than six (6) square feet in size, and
located internal to the subdivision or development, may
be allowed subject to the approval of the Community
Development Services Administrator, or his designee.
Such sign shall only be used to identify the location,
or direction of approved uses such as sales centers,
information centers, or the individual components of the
development. Directional or identification signs
maintaining a common architectural theme may be combined
into a single sign not to exceed six feet (6') in
height, and sixty (60) square feet in area. Such signs
shall require a building permit. For signage to be
located along the Golden Gate Parkway, see Division 2.2,
Sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate
Master Plan.
Words ~ are added; words ~ek,-.~h.eMh are deleted.
ORIGIN: At the direction of the Board of County Commissioners.
RUTHOAf Bob Mulhere, Acting Current Planning Mgr.
DEPARTMENTI Site Development Review Department.
LDC PAGE: 2-170
CHANGE: The proposed language ties in the solid waste disposal
requirements of Ordinance 90-30 (The Solid Waste Ordinance) and places
the most up to date regulations in the Land Development Code.
REASON: This language is necessary to update and clarify the
County's Solid Waste.Oisposalrequirements and provide the legal basis
FISCAL IMPACT: This change does qualify as new regulation as the
current code does not require bulk container service (dumpstars), but
rather only requires that if one chooses to provide them, they be
adequately screened. In an effort to address complaints by citizens of
Collier County, and to have a regulation which supports the Solid Waste
Ordinance, staff is proposing this change. This will have a fiscal
impact on those.developers who would otherwise choose not to provide
bulk container service sites within a multi-family development and
thereby leave it up to the individual property owners. If this
amendment is approved, the developer will be required to provide
appropriate locations and screening for bulk solid waste container and
multi-family recycling container service dependent upon the number of
dwelling units and proximity to the solid waste bulk container sites.
RELATED CODES OR REGULATIONS: Ordinance 90-30
SEe 2.6.15 GRRBAG~--DUMPSTSR ~o~ID w~sTC DISpOSAl.
P~S~Rt to 0v~inan~e 90-30. as amended. solid waSt~
dispOSal shall be required in the form of bUZ~ CO~ta~De[
service (~arbaae dumoste~s} for all commercial
establishments and multi-family proiects containina five
(5) or more dwellin~ units under a common roof.
excludin~ rowhouses or townhouses not exceedina two
stories in height u~on demonstration of adeouate access
to facilitate curbside Dickuu and that all individual
units h~ve an enclosed location other than the
residential st=uctu=e. such as a caroort or aa~a~e. for
the storage of individu~lsolid waste containers. o= as
otherwise permitted below. Ga~-b~ge--dumpe~-e~-eh=ll b~
pormittzd in ~Ii zoning ~istr~cts ~ubJoct to the
2.6.15.1 Screenin~. All trash or recycle receptacles shall be
located so as to be easily accessible to the residents
and the solid waste hauler g~Pbagc dumpe~-e and mue~
shall be screened on at least three ~3} sides to prevent
~~~w of containers by adJ=inin~
nelohborin~ property owners and ~rom adjacent streets at
the first floor level. except ~s provided for in
Sec,~,6.15.1,3. bumpeters sh~ll=bc sorcencd on ~t
~..~ ~
Words ~nderlined are added~ words et-P~ek~ are deleted.
LDC Amendment/Sec 2.6.15
Page Two
2.6.15,1.1~ The following structures may be pe~M~e~M~--~e used for
screening for ~umpztcr= ~s reautred above:
2.~.~.2.I a. Wood fence.
2.~.I~.2.2 b. ConCrete block and stucco wall, brick wall, masonry
wall, or walls of similar material.
Z.~.15.2.2 ~, Vegetative screening in conjunction with Sec.
2.6.15.2.1 or 2.6.15.2.2 above.
2.6.15.1.2~ Screening for ~ .... ~ ...... ~ ..... ,as reuuired above.
shall be exempt from height limitations for fences
provided there is no obstruction of vision of adjacent
streets.
2.6.15.1.3~ Screening of bulk containers f garbage dumpstersl eh=ll
may be exempted in: Industrial Districts (I) if the
dumpsters are located greater than two hundred feet
(200') from residentially zoned or used property and are
not located within front yards; Rural Agricultural
Districts (A) in conjunction with a bona fide
aqricultural use on parcels conforminq to the reauired
minimum lot size in the District; and during
construction in all other Districts.
2.6.15.2 MinimUm r~quirements and locat~o~al restrictions. ~n the
Case of ~Ulti-familv developments with more than four
units per structure. at least one standard size bulk
container {dumDster~ per every ten {10] units shall be
reuuired.All such containers are subject to the
followin~ locational restrictions:
Solid W~ste bulk containers {~arbage dumpsters~
~ball be Permitted in all zoning districts.
b. Solid waste bulk containers ~v be located within a
required yard provided they do not encroach into a
reauired landscape area. and further provided that
there be no blockade of the view of motorists or
pedestrians so as to constitute a hazard.
c. In the case of multi-familv d~VeloDments containing
more than one {1~ structure. no solid waste bulk
container {~arba~e dumoster~ shall be located
~reater than five h%[ndred feet ~500') from the
structure it is intended to serve.
2,6.15,3 EX~PtiOnS, The Site Development Review Director.or his
desiqnee, may allow the followin~ exceptions
to the abovo reauire~ts:
~,6,~5.3,~ S01~d waste bulk containers (dump~terS~ mav be
SUbstituted bY i~dividual solid waste disposal service
funit bV unit curbs~e pic~-up) Subject to the
Words underlined'are added; words et-Puek--~h~{~ag~ are deleted.
LDC Amendment/Sac 2.6.15
Page Three
a. In the case of individually owned multi-family
dwelling units ~condominiums~. individual
{curbside~ solid waste disoosal service may be
substituted for the reauired bulk containers
~dumpsters~ UDOD documentation that the subgect
unit or condominium association. havina been turned
over from the developer to the residents. has voted
in the magoritv to eliminate the use of dumDsters
in favor of individual curbside service for all or
Dart of a particular development. subgect to
aCCeptance from both the Collier ColDlY Solid waste
Department and the waste hauler. Additionallvo the
association shall demonstrate that there is
adeauate access to facilitate curbside PiCkUP add
that all individual units have an enclosed location
other than the residential structure, $~h as q
carport or ~ara~e. for the storag~ of individual
solid waste containers.
b. In the case of multi-familY rental units bulk solid
waste dismosal containers ~dumDsters~ shall be Used
unless an alternative methodolo~v for solid waste
piCk-uP is aDDroved by the Collier County SQlid
Waste Department and the Waste hauler.
c. In the case of a commercial use bulk 2olid wasta
disposal containers {dumDstersl shall be u~ed
unless an alternative methodology for ~olid waste
DiCk-UP iS aDDroved by the Collier COunty SOlid
Waste Department and the w~e hauler.
Words ~ are added; words =truck thr=ugh are deleted.
ORIGIN: CCPC
AUTHOR: Chahram Badamtchian
Planner II
DEPARTMENT: Current Planning, Development Services
LDC PAGE: 2-173
: LDC SECTION: 2.6.21
· REASON: Waterways are the only means of access to
unbridged barrier islands. Considering boat
docks as an accessory use on these barrier
islands is denying access to properties
located on barrier islands prior to the
construction of a residence or other principal
structures or uses. Language added to Section
2.6.21.1 is intended to clarify how and where
dock extensions are measured.
FISCAL IMPACT: Approval of this amendment will result in the
issuance of building permits for boat docks
on unbridged islands, prior to the existence
of a principal structure. This will have no
fiscal impact other than collection of
Building Permit Fees for.boat docks which
qualify prior to the issuance of a permit for
a principal structure. In some circumstances
this may result in an additional inspection
as currently the dock, when permitted along
with a principal structure such as a single
family home, is inspected in conjunction with
the final C.O. inspection.
RELATED CODES OR REGULATIONS: Not applicable.
CCPC RECOMMENDATIONZ Amend the LDC as indicated below. (The
CCPC also recommended that staff review those zoning
districts which allow private docks in conjunction with
single family residential development, as well as the
Accessory Use Section of the LDC which references docks.
Having reviewed these Sections, staff does not feel that any
further changes are necessary as each of these Sections
directs the user to Section 2.6.21 for information relative
to boat docks.)
SEC. 2.6.21 p~IVATE BOAT }lOUSES AND DOCKS.
2.6.21.1 Individual or multiple private docks including
mooring pilings, davits, lifts and the like
are permitted to serve the residents of a
development on canal or waterway lots,
provided they do not protrude more than the
respective distance as specified in Secs.
Words ~ are added; words et~P~e~--t-~i'e~h are deleted.
LDC Amendments/July 1994 cycle
Section 2.6.21
Page Two
2.6.21.2 and 2.6.21.3 for such canal or waterway.
Permitted dock facility protrusion as well as
extension of dock facilities are measured from the
property line. bulkhead
line. shoreline, seawali, riD-raD line. Mean
High W~ter line: Whichever is more restrictive.
Additional length/protrusion beyond said said
respective distances specified in Secs. 2.6.21.2
and 2.6.21.3 may be requested and shall require
public notice and hearing by the Planning
Commission. Notice of public hearing shall be
prominently posted on the property for which the
extension is sought. Notice of public hearing shall
be advertised in a newspaper of general circulation
in the County at least one (1) time fifteen (15)
days prior to the hearing.
Notice of the time and place and place of the
public hearing shall be sent at least fifteen (15)
days in advance of the hearing by mail to all
owners of waterfront property within three hundred
feet (300') of the subject property. The Planning
Commission may either approve, approve with
conditions, or deny any additional
length/protrusion beyond that permitted in Secs.
2.6.21.2 and 2.6.21.3.'The Planning Commissioner's
action shall be based upon consideration of the
following factors:
2.6.21.9 On unbridaed barrier islands a boat dock shall be
considered ~ permitted principal use; however a
dock shall not. in anv. w~V. constitute a use or
structure. which permits. reguires and/or provides
for any accessory uses and/or structures.
Words ~ilda~13~ are added; words eL,-eeek--.t, heeueJh are deleted.
ORIGIN: Staff
AUTHOR: Joseph F. Delate, RLA, ASLA
Landscape Architect
DEPARTMENT: Current Planning, Development Services
LDC PAGE: 2-189
LDC SECTION: 2.6.33
CHANGE: Amend Section 2.6.33 (Temporary Use Permit) by
specifically describing the landscaping and parking
requirements for model homes, model sales center, and
sales trailers.
REASON: These changes are intended to clarify the parking and
landscaping requirements associated with temporary use
permits for models, sales centers, and so on. These are
not new regulations, but rather a placement of the
existing regulations in the Temporary Use Section in
order to make these requirements easier to locate and
extract from the LDC.
FISCAL IMPACT: This change will have no fiscal impact on the County or
the applicants for such Temporary Use Permits.
RELATED CODES OR REGULATIONS: LDC Division 2.3 and Division 2.4
SEC. 2.6.33 TEMPORARY USE PERMITS.
2.6.33.1 P~rDose and Intent. Based upon the nature of some uses,
their impact on adjacent uses, their compatibility with
surrounding properties, and the length of time a use is
intended to function, there is an identified need to
allow certain temporary uses within a development site,
and to provide for other types of temporary uses such as
special events, sales and promotions. It is the intent
of this Section to classify temporary uses and to
provide for their permitting, administration and
control.
2.6.33.2 ~eneral. The Site Development Review Director, or his
designee, may grant a temporary use permit for requests
that demonstrate compliance with the intent of Sec.
2.6.33. Approvals for such requests shall be based
upon, but not limited to the. applicant's description of
the temporary use, the intended duration of the use,
hours of operation and the impacts of the proposed
temporary Use on adjacent properties. All requests for
a temporary use permit shall submit. a Conceptual or Site
Development Plan (SDP) as provided for within this
section. The appropriate required plan and temporary
Words ~Dderlined are added; words ztruck t.h~ are deleted.
use permit application shall be submitted and approved
prior to the submission of a building permit application
and shall demonstrate, where applicable, that provisions
will be made to adequately address the following:
1. Traffic circulation and safety within the site as
follows:
a. All Parkin~ spaceB shall be arranged in a
manner for convenient add s~fe access for
vehicles and pedestrians without causin~
vehicles to b~ck out into a riaht-of-wav. No
parking spaces shall be arranged to cause
vehicl~ to be moved in order for other
vehicles to enter/exit a site.
2. Minimum parking requirements for the temporary use
as defined within Div. 2.3, Off-street Parking and
Loading as fQllows:
a. Four {4) parkina spaces for the first model
unit and one and one-half {1%) spaces for e~ch
additional model unit {for dimensions see
Section 2.3.4.12).
b. One {1) parkin~ space for disabled persons per
parkiDa lot shall be provided {included as
part of reauired parking) alon~ with an access
aisle and barrier-free access to the unit {for
dimensions see Section 2.3.20.3).
c. All DarkJOg ~Daces shall be constructed o= ~
concrete, ~$Dhalt. or other dustless material
as may be approved by the Site Development
Review Director {driveways and handicapped
spaces shall be Dared).
3. SCreening, buffering, and landscaping of the
temporary use to reduce potential impacts on
adjacent properties as required in Section 2.4,4
B_nd approval bY the Site Oev~]op3ag_nt Review
Director as follows:
a. One (1] tree per thirty {30~ linear feet
aroun~ the perimeter of the Darkin~ and
drivewav areas.
b. DQ~ble hedge between th~ rinht-of-wav and the
parkin~ area; single hedge to screen off
perimeter of drive and parkin~ areas.
c. Pavement setback a minimum of ten {10] feet
from ri~ht-of-wav line; {fifteen {15) feet for
right-of-way one hundred {~00) feet or greater
in widthS: ten {10] feet from side property
lines {unless otherwise authorized bv the Site
DeVelOPment Review Director].
Words ~EL~Ll/a39~ are added; words e~uek theeugh are deleted.
ORIGINI Scrivener'sError
AUTHORI Bob Hulhere, Acting Current Planning Mgr~
DEPARTMENT I Site Development Review Department.
LDC PAGEI 3-4
CHANGEl Correction of language due to scrivener's error.
FISCAL IMPACT~ None.
RELATED CODES OR REGULRTION8i LDC Article 2, Zoning.
Seo. 3.2.4 ~
3.2.4.12.2 Deeds and Other Conveyances. All deeds and other conveyances
for properties hereafter on Chokoloskee Island shall include
in 4~ -~ type the following statement: "NO
GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE
RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY
PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY
PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN
CONVEYED." Failure to include. this information in a deed
shall not affect the conveyance of property.
Words ~ are added~ words =trzck ~hr=ug.~. are deleted.
ORIGIN: Staff
AUTHOR: David C. Weigel; Assistant County Attorney
John R. Houldsworth; Senior Engineer
DEPARTMENT: County Attorney's Office
Development Services
LDC PAGES: 3-15, 3-16, 3-18 and Appendix A
LDC SECTION: 3.2.6.5
REASON: See attached memo from David Weigel to
MarJorie Student
FISCAL IMPACT: The fiscal impact to the County will be
reflected by reduced staff time by
Development Services Staff, as well as the
County Attorney's Office, in preparing and
reviewing executive summaries and
resolutions for standard approvals of
constructed subdivision improvements.
Additionally, the development community and
a private citizens will benefit in as much as
currently the Board's approval is required
for subdivision improvements and such
approval must be received prior to the
issuance of a Certificate of Occupancy.
And, currently once staff is prepared to
recommend approval of subdivision
improvements, there is a ten to fourteen
day period before an item will appear on
the consent agenda. If this amendment is
approved, the waiting period for
Certificates of occupancy, and sometimes
closings on property, would be eliminated.
CCPC RECCOMENDATION~ Amend the LDC as indicated.
Jrh/doo: 606
Staff Side Sheet/COX
7/1/94
! LDC Page 3-15
Section 3.2.6.5 ComPletion. ADDroYal and Acceptance of Required
3.2.6.5.1 General. The required improvements constructed
under the policies, procedures, guidelines, and
requirements established in this Division shall be
aDDroved end accepted by the Board of County
Commissioners as prescribed in this Sec. 3.2.6.5.
All applicable completed water and sewer facilities
shall simultaneously be conveyed to Collier County,
or to Collier County Water-Sewer District or its
dependent water-sewer districts, where appropriate,
or the appropriate Water-Sewer District in
conformance with the provisions of Collier County
Ordinance No. 88-76, as amended. This Sec. 3.2.6.5
describes the policies, procedures and data
required to obtain approval and acceptance of all
required improvements constructed.
3.2.6.5.2 Acceptance of Reau ired improvements. Upon
completion of all required improvements contained
in the approved improvement plans, the required
improvements shall be Dre] iminarily approved
acccptcd by the County Administrator or his
desi~nee ~ ~ County ~mmlu=i=ncz=. P. cq~srPe~
~~ M~ =ccclv= prcllmln=ry acceptance
~ ~~ uhnl~ ~ :indlcatcd ~
rcuolutlo~ adcptcd ~ t~e ~ ~
All water and sewer facilities aDDroved
accepted In this fashion and required to be
maintained by Collier County shall be conveyed to
the County pursuant to the provisions set forth in
Collier County Ordinance No. 88-76, as amended. A
maintenance agreement and the posting of
subdivision perromance security for the
maintenance of the retired improvements shall be
required prior to the preliminary
approval of the completed required improvements.
Delete stricken language, add underlined language:
Staff Side Sheet/COA
7/1/94
LDC Page 3-16
Section 3.2.6.5.3 Procedures for Acceptance of Re~uired ImProvements.
The applicant shall submit the following data,
certifications, inspections and documents for
review and approval by the Site Development Review
Director prior to the County Administrator. or his
desiqnee .~ e~ County Cammizulcncra denying,
granting, or granting with conditions preliminary
~ ]lp3zr_Qy3tl of any completed required
improvements and prior to authorizing the Site
Development Review Director to issue any building
permits for structures to be constructed within a
subdivision or development, where the developer has
chosen to construct the improvements prior to
recording of the plat.
1. Maintenance ACreement and Subdivision
performance Security. The applicant shall
execute a maintenance agreement in the rotmat
provided in APPendiX A. guaranteeing the
required improvements against defect in
workmanship and material for the period
beginning upon preliminary eeee~
of all completed required improvements by the
8ee~ e~ ~ CommIz=icncr= County
Administrator. or his deslanes and ending upon
final aM ~ of the required
improvements. Any documents submitted bv an
~pDlicant which are not in compliance with the
~tandard forms adopted in APpendiX A must be
~pProved by the Board of County Commissioners.
The maintenance agreement shall be submitted to
the Development Services Director along with
the completion certificate, development records
and subdivision performance security for
maintenance of the required improvements in an
amount egusl to ten percent (10%) of the cost
of required improvements. The subdivision
performance security shall be in a form
established by the Development Services
Director from time to time as shown in Appendix
A. The maintenance agreement and security
shall be approved by the County Attorney prior
to ee approval by the
eemm~ss~tencrs CoUntY Administrator or his
Delete stricken lanEuaBe, add underl|ne |anSuaSe:
Staff Side Sheet/COX
LDC Page 3-16
Section 3.2.6.5.3
2. Acceptance of Dedication and Maintenance of
ImDrovements. The dedication of public spaces,
parks, rights-of-way, easements, or required
improvements shall not constitute an acceptance
of the dedication by the County. The
acceptance of the dedication shall be indicated
by a resolution adopted by the Board of County
Commissioners indicating t~at the appltcan= has
attested that all required improvements meet or
exceed the standards established by this
Division. Such resolution shall be prepared by
the Development Services Director after all of
the procedures and requirements for ~
aM final approval of the required
improvements have been met to the satisfaction
of the Development Services Director, Pursuant
to Section 177.081. Florida Statutes, the
dedication of facilities or areas on a Plat
does not obliaate the Board of County
Commissioners to construct or maintain
facilities within such dedicated are~2 ~wcep~
when the obli~ation is voluntarily assumed bY
the Board of County Commissioners. The Board
of County Commissioners shall indicate in its
resolution ~ivin~ final a~Drcv~l of the
required improvements whether or not i~acceDts
maintenance responsibility .for the
improvements.
DeteCe ~cricken lanBuaBe, add underlLne
Staff Side Sheet/COA
7/1/94
LDC Page 3-18
Section 3.2.6.5.5/~[E~L~31~- Preliminary and final inspections of
all required improvements satisfactory to the
County shall be required. Preliminary inspection
of the completed required improvements shall be
required prior to any conveyance to or acceptance
by the IBoard of County Commissioners of any
required improvements and. the granting of
preliminary acceptance. During preliminary
inspection, the required improvements will be
checked for compliance with the approved
improvement plans. In addition, revisions or
deviations from the approved improvement plans
shall be identified and explained in writing by the
applicant's professional engineer of record. All
required improvements shall be in full compliance
with the approved improvement plans and record
improvement plans prior to submission to the Board.
The final inspection shall be conducted no earlier
than one (1) year after preliminary ~
approval of the required improvements by the 8ea~
County Administrator or his ~esianee. During final
inspection the required improvements will be
examined for any defect in materials and
workmanship and for physical and operational
compliance with the record improvement plans. See
Sec. 3.2.6.5.7 regarding the procedure required to
obtain final acceptance of the required
improvements. ..
Section 3.2.6.5.6 Preliminary ~ . Approval. Upon
satisfactory completion of the required
improvements, as evidenced by the compliance with
Secs. 3.2.6.5.1 through'3.2.6.5.5, the Development
Services director, shall, if in agreement, certify
that the applicant has complied with all of the
provisions of this Division. Upon such
recommendation' from the Development Services
Director, the Beet~ e~ ee~Rt-~ Ccmmla=Ioncr~ by
~ County Administrator or his desianee
shall preliminarily aPProve seesis% the required
improvements, eek4~4~kje the ~ e~ the
final ~ ~ establish the
responsibilities for maintenance of the completed
improvements through the execution with the
applicant of a maintenance agreement and the
posting of a subdivision performance security for
· Delete stricken lanZuage, add underline lanSuage:
Staff' Side Sheet/COA
LDC Page 3-18
maintenance of required improvements in an amount
equal to ten percent (10%) of the sum of the
construction costs for all on-site required
improvements based on the applicant's engineer's
opinion of probable construction costs or contract
bid price and grant preliminary acccptancc approval
of the completed required improvements. The date
of the action shall designate the commencement of
the required maintenance period pursuant to Sec.
3.2.6.5.3. Until preliminary eeeep~a~}e approval
is granted, Final Certificates of Occupancy shall
not be issued by the Development Services Director.
Section 3.2.6.5.7 Final AppVoya~ and Acceptance. The a~Dlicant sh~11
Petition the DeveloPment Services Director
~iDally ~pDrove the improvements. Upon expiration
of the minimum one (1) year maintenance period and
after satisfactory, completion of all final
inspections, the Board shall adop~ a resolution
qivlDq final approval of the reauired improvements,
aC~nowledaina the dedication{s) of the final
~b~iviston Plat and establishins County
resDonsibilitv for maintenance of the reauired
improvements if it is the Board's desire to accent
~Dd maintain the facilities. The Board has no
obligation to accent maintenance responsibilities
~Qr any facilities dedicated to Public use,
Dursuant to Section 177.081. Florida Statutes. The
Development Services Director shall notify the
applicant in writing that final
of the required improvements and applicable
acceDtance of the facilities has been granted,
notify all affected County agencies of their final
maintenance responsibilities, and instruct the
Clerk of the Court to return the remaining
maintenance security held by the County.
Delete stricken language, add underline language~
ORIGIN: BCC Directed
AIrTHOR: Fred Reischl, Environmental Specialist II
DEPARTMENT: Site Development Review, Current Planning Section
LDC PAGE: 3-144, 3-144A, and 3-145
LDC SECTION: 3.13.7
CHANGE: Addition and deletion of language to the exemptions
section of the Coastal Construction Setback Line
(CCSL) regulations.
REASON: The proposed changes would allow administrative
approval of activities which are generally
beneficial to the coastal area. Without a public
hearing, dune repairs, re-vegetation, and dune
walkover construction may proceed more quickly.
FISCAL IMPACT: No direct fiscal impact to the County, however, if
such petitions need not be brought to the BZA,
there should be some fiscal benefit associated with
staff review and processing time. A fiscal benefit
to a potential applicant is the fact that the
permit fee will be less than the variance fee
($1,000) as less staff time and resources would be
required for the review and approval of these
activities as apposed to the variance procedure.
RELATED CODES: The proposed change requires that a permit be
obtained from the Florida Department of
Environmental Protection (FDEP).
3.13.7
E×emDtions shall be reviewed administratively for
compliance with applicable County codes. and shall not be
heard by the Board of County Commissioners. Exemptions
to Sec. 3.13.4 shall include:
3.13.7.1 The removal of ~ Au=tralian plnc trcc=, ~unk
prcvldcd and defined as exotic ~ by County Code.
3.13.7.2 Any modification, maintenance, or repair, to any existing
structure within limits of the existing foundation or
footprint, which does not require, involve or include any
additions to, or repair or modifications of, the existing
foundation of that structure, fXCqDt those modifications
reauired by code, excluding additions or enclosure added,
constructed, or Installed below the first dwelling floor
or lowest deck of the existing structure.
Words ~ are added; words ;truck t.%r=ug.h are deleted.
LDC Changes
Section 3.13.7
Page 2
3.13.7.3 Any structure(s) such as beach umbrellas and beach
furniture that do not constitute fixed structure(s), do
not require a building permit, weigh less than one
hundred (100) pounds and upon review by the Development
Services Director or his designee is/are determined not
to present an actual or potential threat to the beach and
the dune system and adjacent properties. This exemption
shall not be effective during Sea Turtle Nesting Season
(May i - October 31) unless the structures are removed
daily from the beach.
3.~3.7.4 E~tlc~
garylot= "~"" .... ~ ..... '~-- Certificate :ppllcatig~
shall
g~antcd. An Exam on
conditions cr bc danlad. Prior to the Development
a local ncwcpapcr cncc par ~cck for t~c ccnsccutivc
taecn ~IC) ~ay: after =ald':;ctico or ~:cI:icn i: rcndcrcd
ma7 ~c madc tc have thccxcmptlcn rcquc=t rcvlc'Jc~ by t~e
Environmarital .'..~visor7
Words ~ are added; words =truck through are deleted.
ORIGIN= BCC Directed
AUTHOR: Barbara S. Burgeson, Environmental Specialist II
DEPARTMENT: Site Development Review, Current Planning Section
LDC PAGE: 3-145
LDC SECTIONS: 3.13.8, 3.13.9 and 3.13.10
CHANGE: Addition of a permit section. Such permits are to be
reviewed and approved at Staff level. Renumber the
Penalty and Civil Remedies Section 3.13.8 and the
Severance Section 3.13.9, respectively as follows.
REASON: The proposed changes would allow administrative approval
of activities which are generally beneficial to the
coastal area. Without a public hearing, dune repairs,
re-vegetation, and dune walkover construction may
proceed more quickly.
FISCAL IMPACT: No direct fiscal impact to the County, however, if such
petitions need not be brought to the BZA, there should
be some fiscal benefit associated with staff review and
processing time. A fiscal benefit to a potential
applicant is the fact that the permit fee will be less
than the variance fee ($'1,000) as less staff time and
resources vould be required for the review and approval
of these activities as appo~ed to the variance
procedure. Staff proposes to bring forward an amendment
to the fee resolution for Board review (proposing the
the appropriate permit fees) within sixty days.
RELATED CODES: The proposed change requires that a permit be obtained
from the Florida Oepartment of Environmental Protection
(FDEP).
~-^~ ~ ~ " PS?~ALTY AND CIVIL ~EpIES
_a_~ ......... ~ zhall ~- prczccutad in tha namc of the
..... ~ ................. ~ ......... a flnc nat to
~" imprlconmcnt in thc County Jail not
cxcccd $500.00 cr -z
imprlzcnmcnt. Bach vlolntlon an~ cach day a vlolatlan
oontinucz zhall czn~tltut= .......... ' ......
e~,y pro==cutlon a=
3.13.S.2 ~ivll Rcmcdlcc. In addition to or in licu of thc
pc.~=Itlo= prcvldcd by gcncral law '-- ~- violation of
~..j ........................ campal
thlo Cod~.
Words 3AE~are added; words e%~P~e~Ja~rough are deleted.
LDC Changes
Sections 3.13.8, 3.13.9 and 3.13.10
Page 2
The followlna activities seaward of the Coastal
Construction Setback Line shall not require a hearing by
the Board of County Commissioners. but shall reauire ~
C~o~stal Construction Setback Line permit. Such permit
shall be reviewed and aDDroved administratively by Si~
Development Review Environmental Staff. The appropriate
fee as set by County resolution shall be Submitted with
Permit application.
3.13.8.1 Construction of a dune walkover with a maximum width 0C
six feet. when a Florida Department of Environmental
Protection (FDEP) Dennit has been obtained.
3.13.8.2 Creation. restoration. re-veaetation or repair of the
dune or other natural'area seaward of the CCSL on an
individual parcel of land, when a Florida Department of
Environmental Protection (FDEP~ Permit has been obtained
and the followtn~ criteria have been met.
]L~ Sand used must be compatible in color and train size tO
existin~ sand.
3.13.8.2.2 Plants utilized shall be one hundred percent (100%}
native coastal species.
~ Restoration plans shall be destaned by an individual
with exDertise in the area of Environmental Sciences,
Natural Resource Management or Landscape Architecture.
Academic credentials shall be a bachelors or hi~her
de~ree. Professional experience may be substituted for
academic credentials on a year for year basis. PrOvided
at least two (2) years professional experience are ~D
the State of Florida.
Words ~ are added; words e~~rough are deleted.
LDC Changes
Sections 3.13.8, 3.13.9 and 3.13.10
Page 3
~ ~_~ E~4ALTY AND CIVIL REMEDIES,
3,13,9,1 F~Dalty, A violation of any provision of this Code is a
~isdem¢~nOr and shall be prosecuted in the name of the
State in the COUntY COurt by ~h~. Prosecutina Attorney.
add upon..cQnviction shall be punished by a fine not to
exceed.$50O,O0._or by imprisonment in the County Jail not
to exg~ed sixty {60] days, or by both such fine and
imprisonment, Each violation and each day a violation
continues shall constitute a separate offense, The
Board of County Commissioners shall have the Dower to
~Qllaterally enforce the provisions of this Code bv
appropriate Judicial Writ or proceedin~ notwithstandina
~nY prosecution as misdemeanor,
~ Civil Remedies, In addition to or in lieu of the
penalties provided by ~eneral law for the violation of
ordinances, the Board of County Commissioners may brin~
inJunctive action to enjoin the construction or compel
the removal of structures constructed in violation of
3-~ Severance, If aDV phrase or portion of this Division is
~or any reason held invalid or unconstitutional by any
Court of competent ~urisdiction. such portion shall be
deemed a separate. distinct and independent provision
and such hQldinc shall not affect the validity of the
remaining=portion,
Words ]A~ are added; words ==ruc,k ~..hrcug.h are deleted.
~ONB~UC~ZONANDMAZI~41s. X~ AGREEM~'T
FOR
B~DZVZBZON
~IS CONS~U~ION ~D ~INT~CE AGRE~T FOR
SU~OIVISION I~ROV~TS OF CO~I~ D~PM~ DISTRI~
(this "Ageement") is e~tered into th~s day of ,
19 by and among , an
independent special district and ~y politic of the State of
Florida (the "District"),
(the "Developer") and the BO~D OF CO~TY CO~ISSIONERS OF
COLLIER CO~TY, F~RIDA (the "BOard").
A. Simultaneously herewith, the Developer has applied
for Board approval of that certain plat of the su~vis~on to
be known as (the "Plat").
B. Division 3.2 of the Collier County ~nd Development
Cod~ (the "Code") re~ires the D~strict and the Developer to
provide certain guarantees to the Board in connection ~tth the
construction of the improvements re~red by the Plat.
C. The D~strict and the Developer ~es~re to prov~e the
required guarantees to the Board hereby.
NOW, T~EREFORE, i~ considerat~on of the foregoi~g premises
and the mutual covenants here~nafter set forth, the D~str~ct,
the Developer and the Boar~ do hereby oovenan~ and agree as
follows=
O~TIVE PROVISIONS~
1. Required Improvements.
The District will cause to be constructed:
Page I of 9
(collectively, the "Required Improvements"). Subject to
Paragraph 3 hereof, the Required Improvements will be
constructed within thirty-six (36) months from the date that
the Board approves the Plat.
2. Security for Required Improvements.
A construction fund (the "Construction Fund") has
been established by resolution of the District adopted on
, 19 (the "Bond Resolution") from which the
cost of construction of the Required Improvements shall be
paid. The Construction Fund shall be held in the custody of a
bond trustee (the "Trustee"). Proceeds of bonds (the "Bonds")
authorized to be issued by the District pursuant to the Bond
Resolution. shall be deposited, at a . minimum, in the
Construction Fund as follows: $. for costs of
the Required Improvements (the "Construction Amount") and
$ representing ten percent (10%) of the Construction
Amount (the "Reserve Amount"). The Reserve Amount shall be
retained as a reserve in the Construction Fund pursuant to
Paragraph 5 hereof. In addition to the foregoing, proceeds of
the Bonds shall be deposited with the Trustee to be held as
capitalized interest and which, together with interest earned
on [he Bond proceeds deposited in the Construction Fund, shall
be sufficient to pay interest on the Bonds during the
· ( ) month period following the
issuance thereof. In addition, proceeds of the Bonds shall be
deposited with the Trustee in the Debt Service Reserve Account
Page 2 of 9
established by the Bond Resolution in an amount sufficient to
pay approximately (__) months of
debt service on the Bonds. There shall be sufficient monies in
the construction fund to construct the required improvements
and all other improvements authorized by the Bond Resolution,
as well as to fund the Reserve Amount.
3. Construction of Required Improvements.
(a) Annexed hereto and made a part hereof as Exhibit
"A" is a Construction Schedule 'relating to the Required
Improvements (the "Construction Schedule"). The District shall
commence construction of the Required Improvements within
(. ) days following written
construction approval to the District from the Development
Services Department and the issuance, sale and delivery of the
Bonds (the "Commencement Period"). The District will pursue
construction of the Required Improvements to substantial
completion within (__) months following the end
of the Commencement Period (the "Construction Period").
(b) In the event the District fails to: (1)
commence coDstruction of the Required Improvements within the
Commencement Period; or (2) substantially complete
construction of the Required Improvements prior to the
expiration of the Construction Period, upon written notice to
Developer by the Board, Developer shall immediately become
responsible for the construction of the Required Improvements.
The obligation to construct the Required Improvements within
the Construction Period shall be a Joint obligation of both the
District and the Developer.
Page 3 of 9
4. Develooment Services DJrector~s Prelfminarv Approval
o~ Reouired Imorovements.
fhe Development Services Director shall not consider
the Required Improvements complete until a statement of
completion by the District's or Developer's consulting
engineers, together with the final project records related
thereto, have been furnished for review and approval to the
Development Services Director of Collier County, Florida (the
"Director") for compliance with the Code. Within sixty (60)
days of receipt of the statement of completion from the
District, the Director shall either (a) notify the District or
Developer, in writing, of his preliminary approval of the
Required Improvements; or (b) notify .the District or Developer,
in writing, of his refusal to preliminarlly approve the
Required Improvements, therewith specifying those conditions
that the District or Developer must fulfill in order to obtain
the Board's preliminary approval of the Required Improvements.
In no event shall the Development Services Director refuse
preliminary approval of the Required Improvements if they are
constructed and submitted f~r approval in accordance with the
requirements of this Agreement.
5. Maintenance and Reserve Amount.
The District or Developer, as the case may be, shall
maintain all Required Improvements for a minimum of one year
after preliminary approval by the Development Services
Director. After the one year maintenance period by the
District or Developer and upon submission of a written request
for inspection, the Development Services Director or his
designee shall inspect the Required'Improvements and, if found
- Page 4 of 9
to be still in compliance with the Code shall recommend
approval to the Board. The District or Developer's
responsibility for maintenance of the Required Improvements
shall continue unless or until the Board accepts maintenance
responsibility for the County. Sums equal to the Reserve
Amount shall be maintained by the Trustee on deposit in the
Construction Fund until the final approval of the Required
Improvements. The Board shall reflect its acknowledgment of
such finding by notifying the District, in ~rriting, of its
final approval of the Required Improvements. Upon receipt of
notice of such final approval, the District shall no longer be
required under this Agreement to maintain the Reserve Amount on
deposit in the Construction Fund. In the event that during the
inspection the Director finds that all or some portion of the
Required Improvements are not in compliance vith the Code, the
Director shall promptly specify, in vriting, to the District
those deficiencies that must be corrected in order to bring the
Required Improvements into compliance with the Code. The
District shall apply the Reserve Amount to payment of the cost
of correcting such deficiencies. In the event the District
fails to pursue such corrective action, the Developer shall
bring the Required Improvements into compliance with the Code.
Upon correction of the specified deficiencies and written
notice thereof, the Director shall again inspect the Required
Improvements and, if found to be in compliance with the Code,
shall submit such findings to the Board for its final approval
thereof.
Page 5 of 9
6. Plat Recordation.
The parties acknowledge that this Agreement is a
"Construction and Maintenance Agreement of Subdivision
Improvements" within the meaning of, and meeting the
requirements established by, Division 3.2.9 of the Code~ The
parties acknowledge and agree that following the Board's
approval of the Plat=
a. The Developer shall not be entitled to record the
Plat until the Board receives:
(1) written notice from the Trustee that sums at
least equal to the Construction Amount and Reserve Amount are
on deposit in the Construction Fund (the "Trustee Notice");
(2) written notice from District and the Trustee
that:
(a) the project for which bond proceeds
have been received by District includes the Required
Improvements;
(b) such Bond proceeds are sufficient to
finance the Required Improvements as well as all other
improvements to be financed by the Bonds (collectively "The
Project") and to fund the Reserve Amount. The Trustee's
representation that funds are sufficient to finance the Project
for which Bond proceeds have been received as well as to fund
the Reserve Amount is based upon the District Engineer's
estimation of construction costs which is attached hereto and
incorporated herein; and
(c) the Project cannot be amended or
changed without the consent of the Board (the "Project
· Page 6 of 9
Notice")~ and
(3) a representation and warranty from the
District that all governmental permits to enable the District
to commence construction of the Required Improvements have been
obtained ("Permit Warranty")~ and
b. Upon receipt by the Board of the Trustee Notice,
Project Notice and the Permit Warranty, Developer shall be
entitled to record the Plat without further condition, other
than payment of any related recording fees established by
applicable law and the execution of the Plat by all required
parties.
The County shall have no liability whatsoever to the
bond holders. Neither the enforcement of the terms of this
Agreement by the County nor the failure to enforce such terms
shall create any liability whatsoever to the bond holders, the
District, or the Developer. Any disclosure document prepared
by the District or Developer in the offering of such Bonds
shall provide a statement as described above relating to the
lack of liability of the County..
S. Miscellaneous.
All of the terms, covenants and conditions herein
contained are, and shall be~ binding upon the respective
successors and assigns of the District, Developer and Board.
By execution below, the Trustee shall evidence its
acknowledgment of and assent to the matters addressed herein.
Any notice, demand, request or instrument authorized or
required to be given or made hereby shall be deemed to have
been given or made when sent by certified mail, return receipt
. Page 7 of 9
requested, to the appropriate party at their address set forth
below:
To the District:
To the Developer:
To the Board: c/o County Administrator
Collier County Government Canter
3301 East Tamiami Trail
Naples, Florida 33962
With a Copy to: Collier County Attorney
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 33962
To the Trustee:
IN WITNESS W~EREOF, the District, the Developer and the
Board have caused this Agreement to be executed by their duly
. Page 8 of 9
authorized representatives as of thisj day of ,
19 .
SIGNED, SEALED AND DELIVERED DISTRICT:
IN THE PRESENCE OF:
ATTEST:
District Secretary
Its:
WITNESS: DEVELOPER:
By:
Printed or Typed Name
Its:
Printed or Typed Name
ATTEST: BOARD:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
< >
Chairman
Approved as to form and
legal sufficiency:
Kenneth B, Cuyler
Collier County Attorney
Acknowledged and assented to:
as Trustee under the
within-mentioned Bond Resolution
By:
Its:
Date:
. Page 9 of 9
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS AGREEMENT entered into this day
of , 19 by , description of
entity (hereinafter "Developer"), the Board of County
Commissioners of Collier County, Florida, (hereinafter the
"Board") and (hereinafter "Lender").
A. Developer has, simultaneously with the delivery of
this Agreement, applied for the approval by the Board of a
certain plat of a subdivision to be known as:
B. The subdivision will include certain improvements
which are required by Collier County ordinances, as set forth
in a site construction cost estimate ("Estimate") prepared by
, a copy of which is attached hereto and
incorporated herein as Exhibit 1. For .purposes of this
Agreement, the "Required Improvements" are limited to those
described in the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County
Subdivision Code Division of the Land Development Code requires
the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement
with Developer dated (the "Construction Loan")
to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the
amount Developer is required to guarantee pursuant to this
Agreement is $ , and this amount represents 110%
· Page I of 6,
of the Developer's engineer's estimate o~ the construction
costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises
and mutual covenants hereinafter set forth, Developer, the
Board and the Lender do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage
and like facilities, the Required Improvements, to be
constructed pursuant to specifications that have been approved
by the Development Services Director within months
from the date of approval of said subdivision plat.
2. Developer hereby authorizes Lender to hold
$ from the Construction Loan, in escrow, pursuant
to the terms of this Agreement.
3. Lender agrees to hold in escrow $ , from
the ConstructiOn Loan, to be disbursed only pursuant to this
Agreement. Lender acknowledges that this Agreement shall not
constitute a draw against the Construction Loan fund, but that
only such funds as are actually disbursed, whether pursuant to
this Agreement or a provision of the Construction Loan, shall
accrue intArest.
4. The escrowed funds shall be released to the Developer
only upon written approval of the Development Services Director
who shall approve the release bf the funds on deposit not more
than once a month to the Developer, in amounts due for work
done to date based on the percentage completion of the work
multiplied by the respective work costs less ten percent (10%);
and further, that upon completion of. the work, the Development
Services Director shall approve the release of any remainder of
· Page 2 of 6
escrowed funds except to the extent of $ which
shall remain in escrow as a Developer guaranty of maintenance
of the Required Improvements for a minimum period of one (1)
year pursuant to Paragraph 10 of the Agreement. However, in
the event that Developer shall fail to Icomply with the
requirements of this Agreement, then' the Lender agrees to pay
to the County immediately upon demand the balance of the funds
held in escrow by the Lender, as of the date of the demand,
provided that upon payment of such balance to the County, the
County will have executed and delivered to the Lender in
exchange for such funds a statement to be signed by the
Development Services Director to the effect that:
(a) Developer for more than sixty (60) days after
written notification of such failure has failed to comply with
the requirements of this Agreement~
(b) the County, or its authorized agent, will
complete the work called for under the terms of the
above-mentioned contraut or will complete such portion of such
work as the County, in its sole discretion, shall deem
necessary in the public interest to the extent of the funds
then held in escrow;
(o) the escrow funds drawn down by the County shall
be used for construction df the Required Improvements,
engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the
county may sustain on account of the failure of the Developer
to carry out and execute the above-mentioned development work;
and
- Page 3 of 6
(d) the County will promptly repay to the Lender any
portion of the funds drawn down and not expended in completion
of the said development work.
5. Writtom notice to the Lender by the County specifying
what amounts are to be paid to the Developer shall constitute
authorization by the County to the Lender for release of the
specified funds to the Developer. Payment by the Lender to the
Developer of the amounts specified in a letter of authorization
by the County to the Lender shall constitute a release by the
County and Developer of the Lender for the funds disbursed in
accordance with the letter of authorization from the County.
6. The Required Improvements shall not be considered
complete until a statement of substantial completion by
Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development
Services Director for compliance with the Collier County
Subdivision Regulations.
7. The Development Services Director shall, within sixty
(60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his
preliminary approval of the ~mprovements; or b) notify the
Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director of the
Required Improvements. However, in' no event shall the
Development Services Director refuse preliminary approval of
the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this
Page 4 of 6
Agreement.
8. Should the funds held in escrow be insufficient to
complete the Required Improvements, the Board, after duly
considering the public interest, may at its option complete the
Required Improvements and resort to any and all legal remedies
against the Developer.
9. Nothing in this Agreement shall make the Lender liable
for any funds other than those placed in deposit by the
Developer in accordance with the foregoing provision~ provided,
that the Lender does not release any monies to the Developer or
to any other person except as stated in this Escrow Agreement.
10. The Developer shall maintain all Required Improvements
for one year after preliminar~ approval by the Development
Services Director. After the one year maintenance period by
the Developer and upon submission of a written request for
inspection, the Development Services Director shall inspect the
Required Improvements and, If found to be still in compliance
with the Code as reflected by final approval by the Board, the
Lender's responsibility to the Board under this Agreement is
terminated. The Developer's responsibility for maintenance
of the Required Improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein
contained are and shall be binding upon the Developer and
Lender, the respect- ire successors and assigns of the
Developer and Lender.
IN WITNESS W}IEREOF, the Board, the Developer and the Lender
have caused this Agreement to be executed by their duly
. Page 5 of 6
authorized representatives this day of
, 19 .
SIGNED, SEALED AND DELIVERED <Developer Name>
IN THE PRESENCE OF:
By:
Printed or Typed Name Printed or Typed Name
Printed or Typed Name
<Lender>
Byt .
Printed or Typed Name Prin6ed or Typed Name
Printed or Typed Name
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk < >,
CHAIRMAN
Approved as to form and
legal sufficiency:
Kenneth' B. Cuyler
Collier County Attorney ·
. Page 6 of 6
CONSTRUCTION AND MAINTENANCZ A~REEMENT
FOR B~IBDTVIBION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT
entered into this day of , 19 . between
hereinafter referred to as
"Developer", and the Board of County CommLssioners of Collier
County, Florida, hereinafter referred to as the" Board."
1. Developer has, simultaneously w~th the delivery of
this Agreement, applied for the approval by the Board of a
certain plat of a subdivision to be known
2. Division 3.2 of the Collier County Land Development
Code allows the Developer to construct the improvements
required by said subdivision requlations prior to recording the
final plat.
NOW, THEREFORE, in consideration of the foregoing premises
and mutual covenants hereinafter set forth, Developer and the
Board do hereby covenant and agree as follows=
1. Developer will cause to be constructed=
within months from the date of approval of said
subdivision plat, said improvements hereinafter referred to as
the required improvements.
2. Developer herewith agrees to construct said
Page I of 4
improvements prior to recording said subdivision plat and the
Board of County Commissioners shall not approve the 'plat for
recording until said improvements have been completed.
3. Upon completion of said improvements, the Developer
shall tender its subdivision performance security in the amount
of $ which represents 10% of the total
contract cost to complete construction. Upon receipt of said
subdivision performance security by the Development Services
Director, the Developer may request the Board of County
Commissioners to approve the subdivision plat for recording and
grant preliminary approval of said plat.
4. The required improvements shall not be considered
complete until a statement of substantial completion by
Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development
Services Director for compliance with the Collier County
Land Development Code.
5. The Development Services Director shall, within sixty
dayu of receipt of the statement of substantial completion,
either: a) notify the Developer in writing of his preliminary
approval of the improvementsl or b) notify the Developer in
writing of his refusal to approve the improvements, therewith
specifying those conditions whfch the Developer must fulfill in
order to obtain the Director's approval of the improvements.
However, in no event shall the Development Services Director
refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with
the requirements of this Agreement.
Page 2 of 4
6. The Developer shall maintain all required
improvements for a minimum period of one year after preliminary
approval by the Development Services Director. After the one
year maintenance period by the Developer has terminated, the
Developer shall petition the Development Services Director to
inspect the required improvements. The Development Services
Director or his designee shall inspect the improvements and, if
found to be still in compliance with the Collier County Land
Development Code as reflected by final approval by the Board,
the Board shall release the 10% subdivision performance
security. The Developer's responsibility for maintenance of
the required improvements shall continue unless or until the
Board accepts maintenance responsibility for the County.
7. In the event the Developer shall fail or neglect to
fulfill its obligations under this Agreement, upon
certification of such failure, the County Administrator may
call upon the subdivision performance s~curity to secure
satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and
maintain, or cause to be constructed and maintained, pursuant
to public advertisement and receipt of acceptance of bids, the
improvementu required herein. The Developer, as principal
under the subdivision performance security, shall be liable to
pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the
Page 3 of 4
failure of the Developer to fulfill all of the provisions of
this Agreement.
8. All of thls terms, covenants and conditions hatsin
contained are and shall ba binding upon the Davalopar and the
respective successors and assigns of the Developer.
IN ~rITNESS WHEREOF, the Board and the Developer have
caused this Agreement to ba executed by their duly authorized
representatives this , day of , 19__.
Signed, sealed and delivered <Developer Name:>
in the presence of:
Printed or Typed Name Printed or Typed Name
Title
Printed or Typed Name
ATTEST: BOAP~ OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk < >,
Chairman
Approved as to form and
legal sufficiency:
Kenn'a~h B. C~ylar
Collier County Attorney -'
Page 4 of 4
CONSTRUCTION AND MAINT~N3tNC~ AGREEMENT
FOR BUBDMSION IM~RO~S
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of , 19__
between
hereinafter referred to as "Developer", and the Board o~ County
Commissioners of Collier County, Florida, hereinafter referred to
as the "Board."
A. Developer has, simultaneously with the delivery of this
Agreement, applied for the approval by the Board of a certain
plat of a subdivision to be known as:
B. Division 3.2 of the Collier County Land Development
Code requires the Developer to post appropriate guarantees for
the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises
and mutual covenants hereinafter set forth, Developer and the
Board do hereby covenant and agree as followsz
1. Developer will cause to be constructedz
within months from the date of approval said subdivision
plat, said improvements hereinafter referred to as the required
improvements.
2. Developer herewith tenders its subdivision performance
security (attached hereto as Exhibit "A" and by reference made a
part hereof) in the amount of $ which amount
Page I of 4
represents 10% of the total contract cost to complete
construction plus 100% of the estimate cost of to complete the
required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of
the Developer to complete such improvements within the time
required by the Land Development Code, Collier County, may call
upon the subdivision performance security to insure satisfactory
completion of the required improvements.
4. The required improvements shall not be considered
complete until a statement of substantial completion by
Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development
Services Director for compliance with the Collier County Land
Development Code.
5. The Development Services Director 'shall, within sixty
(60) days of receipt of the statement of substantial completion,
either: a) notify the Developer In writing of his preliminary
approval of the improvements; or b) notify the Developer in
writing of his refusal to approve improvements, therewith
specifying those conditions which the Developer must fulfill in
order to obtain the Director's approval of the ~mprovements.
However, in no event shall the Development Services Director
refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with
the requirements of this Agreement.
6. The Developer shall maintainlall required improvements
for a minimum period of one year after prelimina17 approval by
the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer
· Page 2 of 4
shall petition the Development Services Director to inspect the
required improvements. The Development Services DIrector or his
designee shall inspect the improvements and, if found to be still
in compliance with the Collier County Land Development Code as
reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance
security. The Developer's responsibility for maintenance of the
required improvements shall continue unless or until the Board
accepts maintenance responsibility for and by the County.
7. Six (6) months after the 'execution of this Agreement
and once within every six (6) months thereafter the Developer may
request the Development Services Director to reduce the dollar
amount of the subdivision performance security on the basis of
work completed. Each request for a reduction in the dollar
amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary
for review by the Development Services Director. The Development
Services Director may grant the request for a reduction in the
amount of the subdivision performance security for the
improvements completed as of the date of the request.
S. In the event the Developer shall fail or neglect to
fulfill its obligations under this Agreement, upon certification
of such failure, the County Administrator may call upon the
subdivision performance security 'to secure satisfactory
completion, repair and maintenance of the required improvements.
The Board shall have the right to construct and maintain, or
cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the
Page 3 of 4
improvements required herein. The Developer, as principal under
the subdivision performance security, shall be liable to pay and
to indemnify the Board, upon completion of such construction, the
final total cost to the Board thereof, including, but not limited
to, engineering, legal and contingent costs, together with any
damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all
of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein
contained are and shall be binding upon the Developer and the
respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused
this Agreement to be executed by their duly authorized
representatives this day of . , 19 .
SIGNED, SEALED AND DELIVERED <DeVeloper Name>:
IN THE PRESENCE OF:
Printed or Typed Name Printed or Typed Name
Title
Printed or Typed Name
' ATTEST= BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OP COLLIER COUNTY, FLORIDA
Deputy clerk < >
Chairman
Approved as to form and
:! legal sufficiency:
Kenneth B. Cuyler
Collier County Attorney
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STATE OF FLORIDA
COUNTY OF COLLIER
I, DWIGHT E. BROCK, Clerk sT Conrts in and for the
Twentieth Judicial Circuit, Collier County, Florida. do
hereby certify that the foregoing Is a trtle copy
Ordinance No. 94-58
which was adopted by the Board of County Commissioners on
the 26th day of October, 1994, during Special SessJon.
WITNESS my hand and the official seal of the Board of
County Commissioners of Col)ter County. Florida, this 28th
day of October, 3994..
DWIGHT E. BROCK
Clerk of Courts and Clerk .,,: ,, ,
Ex-offtclo to Board of ~:"'
County Commissioners ..
D~.pUty Clerk "'*