Agenda 01/27/1999 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, January 27, 1999
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
pRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO' THE DATE OF THE MEETING AND WILL
BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF ~IS BOARD WH.,L NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
/" PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
2. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET
PARKING AND LOADING; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS;
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8.
ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2,
SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DMSION 3.15.
ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING AND
ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION, DIVISION 5.13.
ENVIRONMENTAL ADVISORY BOARD; ARTICLE 6 DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ZERO LOT LINE
HOUSING, FRONT YARD, AND DUPLEX; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
3. REPEAL OF ORDINANCE 91-26, AS AMENDED, WHICH ESTABLISHED THE COLLIER
COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD.
4. ADJOURN.
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:
SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING
_-~=_ DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL~:STANDARDS,
DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.6. SUPPLEMENTAL
DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND
PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION
3.2, SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.15.
ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING AND
ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION, DIVISION 5.13.
ENVIRONMENTAL ADVISORY BOARD; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE' DEFINITIONS OF ZERO LOT LINE
HOUSING, FRONT YARD, AND DUPLEX; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATIONS:
This is the second of two public hearings required by Statute for mending the Collier County Land
Development Code. Each of the amendments were presented to, and reviewed by, the Development
Services Advisory Committee, Collier C:.ounty Planning Commission, the Environmental Policy and
Technical Advisory Board, and the Environmental Advisory Board where applicable. Where an
advisory body recommended revisions to the staff recommended LDC change this recommendation is
included in the summary description of the LDC amendment.
The Pl~ning Commission held public hearings November 12, 1998 and November 19, 1998. A
summary of their recommendations and those of the Development Services Advisory Committee is
included in this executive summary. The LDC amendments that are before the Board of County
Commissioners reflect all the recommendation of the DSAC and CCPC.
JAN 2 7 1999
These amendments were reviewed by the Board of County Commissioners at your first of two required
public hearings on December 2, 1998. No objections were raised by members of the public regarding
these amendments.
A brief synopsis of each amendment is as follows:
i) Section 2.2.2. - This amendment would require intensive agricultural practices to have3
at least 20 acres, otherwise a conditional use approval would be required.
ii) Section 2.2.2.4.5. - Allows thirty-five (35) feet of height for single family in
agricultural district.
iii) Multiple sections clarifying density relationships to the FLUE density rating system,
and ZRO densities. This amendment does not increase nor decrease currently approved
densities.
iv) Section 2.2.4.4.5. and 2.2.5.4.5. - Allows screen enclosures to be the same height as the
principal structure but not more than 35 feet.
v) Section 2.2.5. - Further clarifies the lot dimensions, and area required for single family,
two-family, duplex and multi-family structures in the RMF-6 district.
vi) Section 2.2.13.2. - Amendment to allow caretaker's residence in the C-2 zoning district.
vii) Section 2.2.14.2.1. - Amendment to allow automotive services SIC 7549 establishments
primarily engaged in furnishing automotive services, except repair and car washes.
Uses currently in C-3 districts but not legally provided for.
viii) Section 2.2.23.3.3. - Amendment to exempt airport hazard areas from provisions of
granting variances.
ix) Section 2.3.16.1. - Amendment to parking provisions to require bicycle parking based
on percentage of automobile parking spaces.
x) Section 2.6.7.2. - Restriction on parking recreational vehicles at residences. Reduces
duration of time from 24 hours to 6 hours.
xi) Section 2.7.3.5.2. - to remove provision that first provides for planning services director
to rule a PUD amendment to be insubstantial prior to going to the CCPC.
xii) Division 2.8. - Amendment to Architectural Standards:
_ A ^~r
i) Adds application to properties zoned Industrial and fronting on art ~iial ~ i~'
,-_, roads (2.8.2.)
ii) Interior parking lot landscaping material may not be grass (2.8.3.1.3 ~lfiN 2 7 7999
2
iii) Requires additional landscaping for projects that provide more than 20 percent of
the amount of parking otherwise required (2.8.3.1.3.1 .).
iv) Removes setback requirement to that otherwise provided by Code when parking is
entirely rear loaded and make application to all project not just single use projects
(2.8.3.1.4.).
v) Requires lighting to be in harmony with landscaping (2.8.3.2.1 .).
vi) Lighting standards may not use ~orescent and primary/secondary colors (2.8.3.2.4.).
vii) Redefines Service Function Area (i.e. loading, storage, mechanical equipment,
solid waste, etc. relative to application of buffering and screening requirements
(2.8.3.3.).
viii) Clarifies application of buffering and screening standards to those SFA in view of
roadway corridors (2.8.3.2.).
ix) Prohibits chain link and wood fencing forward of primary facade, special
landscaping requirement and alternate specifications when forward the primary fagade
(2.8.3.3.3.1 .).
x) Limits drive through facilities to one (not to be construed to mean one lane but rather
one system/one location to two sided) (2.8.3.3.4.2.).
xi) Adds specification for shade structures over walkways (2.8.3.4.7.).
xii) Revision to Building Orientation Standards relative to the degree plain walls must
be interrupted with windows or facade treatment (2.8.3.5.2.).
xiii) Adds specification to "faCade standards" to require that attached facades are
architecturally consistent with the primary fagade (2.8.3.5.4.).
xiv) Adds window standard which provide that windows shall not be fake or applied
(2.8.3.5.4.1.).
xv) Adds standards for awnings and provides they are limited in application and where
they may be used as shade structures and specifications attendant thereto (2.8.3.5.4.2.)
xvi) Adds provision for overhead doors facing one another as interior space and allows
them to be treated as interior space.
xvii) Clarifies application of standards for features required of pl tmarv facades
--- (2.8.3.5.4.3.). ~.OENO~ft~'EM
JAN g 7 1999
3
..... xviii) Adds speci~city and additional features to project standards as applied to those
features. Choice of design elements that must be included in the project (2.8.3.5.6.).
xix) Clarifies treatment of blank walls as applying to primary facades as opposed to any
fa~;ade (2.8.3.5.7.2.).
xx) Revision to standards for repeating fagade treatments (2.8.3.5.7.3.).
xxi) Requirements for windows on primary fagade extended to all buildings (multi-use
and single occupant) (2.8.3.5.8.2.1 .).
xxii) Requirement for additional roof change for buildings larger than 50,000 sq. ft.
(2.8.3.5.10.2.).
xxiii) Revisions to ro of treatment and design (2.8.3.5.10.3 .).
xxiv) Adds requirement that front entry be set back from driveway 15 feet for single
use buildings (2.8.3.5.11.2.1 .).
xxv) Adds provision to require minimum setback of fiiteen (15) feet from driveway to
front entry of any building in multiple use building project (2.8.3.5.11.2.).
xxvi) Adds provisions for allowing automobile dealerships to utilize prefabricated
metal subject to defined criteria (2.8.3.5.12.2.3.).
xxvii) Further clarifies the use of colors as predominant exterior color by prohibiting
black, gray or ~orescent, primary, secondary colors (2.8.3.5.12.3.1.).
xxix) Amends improvements to be made in conjunction with man-made bodies of
water (2.8.3.7.4.).
xxx) Adds the same amendments to building and project under 20,000 sq. It.
xiii) Amendment to change reference standard from National Fire Underwriters to Fire
Suppression Rating Schedule of the Insurance Service Office (3.2.8.4.8.).
. xiv) This amendment is intended to repeal the current regulations and replace them with the
same requirements however having the effect of removing the distinction between
minor and major submissions and preliminary approvals in favor of one final approval
submission. This recognizes actual practice for the past several years. The opportunity
to obtain at the petitioners request a conceptual approval is provided. (Div. 3.3.)
xv) The Adequate Public Facilities Ordinance (APFO) is being amended to reflect 1995
organizational changes in the Environmental Services and Community Development
Division which resulted in the combination of the Growth Managen~ent and Lon~
A
,._ Range Planning Sections into the Comprehensive Planning Section. t~s a r~L~Te-A{he~---~
position of Growth Management Chief was eliminated and the authori,y delegated to
JAN 2 7 1999
4
that position in the APFO has accrued to the Division Administrator. Also, other minor
corrections and updates reflecting BCC actions are included. (Div. 3.15.)
xvi) Extends the fight of appeal to any aggrieved party and defines who is an aggrieved party
(5.2.1 1 .).
xvii) This amendment serves to abolish the EAB and create the EAC and introduces policies
to more fully address the functions of the EAC. (Div. 5.13.)
xviii) Defines zero lot line housing as single family detached housing and deletes duplex
definition. (Div. 6.3)
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
STAFF RECOMMENDATION:
Tha Board of County Commissioners approve amendments to the Land Development Code as
by the draft Ordinance of Adoption included with this executive summary.
bNA D iNO, A CP DATE '
URRENT PLANNING MANAGER
IEWED BY:
DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
UTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~o-~a~,~.~TaM
LDC AMEND EX SUMMARY/md/1/5/99 JAN ~ 7 1999
5
pq. c'('
ORIGIN: Current Planning Section
AUTHOR: Ronald F. Nino, AICP, Planning Services Manager
Susan Murray, AICP, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:15-2:17
LDC SECTION: 2.2.2
CHANGE: Amend the code to require certain uses currently permitted by right
to be established only as a conditional use on parcels 20 acres in
size or less.
REASON: There are negative impacts associated with certain farming uses
permitted by right in the Agricultural zoning district which could
be mitigated with the establishment of a minimum parcel size
(greater than the required 5 acres) and the requirement for
conditional use approval prior to their establishment. As the urban
area of the County continues to grow, it is not uncommon for non-
.,-_ agriculturally related, single family residential development to
occur on 5 acre parcels. Certain agricultural activities which occur
on smaller parcels do not provide sufficient buffer area between
agriculturally related operations and non-agricultural development.
The conditional use process will allow specific types of
agricultural uses to be examined on a case-by-case basis and
appropriate conditions imposed to mitigate negative impacts
associated with certain agricultural uses.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
/
Amend the Land Development Code as follows:
2.2.2.2.1. Permitted uses.
2. Agricultural activities, including, but not limited to; crop raising;
horticulture; fruit and nut production; forestry; groves; nurseries;
ranching beekeeping; poultry and egg production~ milk
production,~ livestock raising,; and and aquaculture for nati ~e .......
/" species subject to State of Florida game and freshwater fist "o~GE~_'~.'~EM
JAN g 7 1999
1
_ .
commission permits. The following permitted uses shall only be
allowed on parcels 20 acres in size or ~eater: dairying. ranching,
animal breeding. raising. training. stabling or kenneling. This is
not to preclude an individual property_ owner from the keeping of
fowl or poultry.. not to exceed 25 in total number. and the keep_ in_e
of horses and livestock (except for hogs) not to exceed two such
animals for each acre. and with no open feedlots. for personal use
and not in association with a commercial a_m'icultural activity on
parcels less than 20 acres in size.
3. Wholesale reptile breeding and raising (non-venomous), subject to
the following standards:
a. Minimum ~n twenty_ acre parcel size.
b. Any roofed structure used for the shelter and/or feeding of
such reptiles shall be located a minimum of 100 feet from
any lot line.
2.2.2.3. Corlditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A), subject to the standards and procedures
established in division 2.7.4.
6. Wholesale reptile breeding or raising (venomous) subject to
the following standards;
a. Minimum twenty acre parcel size.
b. Any roofed structure used for the shelter and/or feeding of
such reptiles shall be located a minimum of 100 feet from
any lot lint,
24. Dai_rying. ranching. livestock raising. poultry_ and egg production.
milk production. livestock raising. animal breeding. raising.
training. stabling or kenneling on parcels less than 20 acres in size,
This is not to preclude an individual property owner from the
keeping of fowl or poultry_. not to exceed 25 in total number. and
the keeping of horses and livestock (except for hogs) not to exceed
two such animals for each acre. and with no open feedlots. for
personal use and not in association with a commercial a_m'icultural
activity on parcels less than 20 acres in size,
1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC 2.17
LDC SECTION: 2.2.2.4.
CHANGE: Amend Section 2.2.2.4.5. for the purpose of revising the height of structures in the
Rural Agricultural district from thirty (30) feet to thirty-five (35) feet.
REASON: All of the single family zoning district allow houses to be constructed to a height of
the thirty-five (35) feet. The Rural Agricultural district allows single family residences. There is
no good reason why the height of a single family residence in the Rural Agricultural district
should not be the same or otherwise authorized in the single family zoned districts.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
Amend the LDC as follows:
2.2.2.4.5. Maximum height. ~,0 35 feet, except as provided in section 2.6.3.
2.2.2.4. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
/
J A N ~ 7 '~999 [
ORIGIN: Community Development & Environmental Services
AUTHOR: David Weeks, AICP, Senior Planner
DEPARTMENT: Planning Services
LDC PAGE: 2:19-21, 2:23-25, 2:27, 2:28, 2:31, 2:33, 2:35, 2:70-74
LDC SECTION: 2.2.4.1, 2.2.4.4.1, 2.2.5.1, 2.2:5.4.5, 2.2.6.1, 2.2.6.4.5, 2.2.7.1, 2.2.7.4.5, 2.2.9.1,
2.2.9.4.5, 2.2.10.1, 2.2.10.4.5, 2.2.20.1, 2.2.20.3.1.1.1, 2.2.20.3.2.2.
CHANGE: To amend the maximum density permitted in residential zoning districts (expressed in
the Purpose and Intent, and Maximum Density sections) so as to clarify some existing zoned
properties are not subject to the Density Rating System, and to otherwise clarify allowed densities.
This amendment does not increase or decrease permitted density beyond that which has been
implemented since the LDC was adopted in 1991.
REASON: To clarify allowable residential densities.
Regarding residential zoning districts in the coastal Urban area, the objective of the Zoning
Reevaluation Program was to rezone undeveloped properties that were zoned inconsistent with the
Future Land Use Element (FLUE) Density Rating System (DRS) to zoning districts that were
consistent with the FLUE,~pursuant to FLUE Policy 3.1 .k. Application procedures, based upon
compatibility, vested rights principles, etc., allowed many properties to retain their existing zoning
and density which is not consistent with the DRS. Other properties were determined to be
"improved property" as defined in the Zoning Reevaluation Ordinance. All of these properties were
allowed to retain their existing zoning and density via FLUE Policies 5.9, 5.10, and 5.11. Policy 5.1
recognizes the status of some of these properties as relates to rezoning those properties. (Also,
Policy 4.7 in the FLUE adopted on October 28, 1997, but not yet in effect, provides for
redevelopment plans that could result in residential density higher than that eligible under the DRS.)
All residential zoning districts in the LDC reference the DRS for guidance in determining allowable
density. This is not appropriate for all properties as some are not subject to the DRS, as explained
above. The LDC appears to limit these properties to the residential density allowed by the DRS -
which is less than that allowed by FLUE policies. This amendment clarifies that residential density
may, for some properties, be determined via FLUE policies, not the DRS.
The determination of eligible density via FLUE policies is not always clear since some residential
zoning districts do not state the number of units per acre that are allowed. The MH zoning district
references the DRS and provides a minimum lot size requirement but does not state the permitted
number of dwelling units per acre. Though existing zoned MH properties are allowed to retain their
existing zoning and density, that allowed density is not specifically stated. This amendment
provides for maximum density based upon the minimum lot area requirement - except a otherwi.qe
provided in Section 2.2.10.4.1 for legal non-conforming lots. ,~:.aE'~g~.'TE~-
JAN 2 7 1999
Words ~ are added; words ctruck tkrcu~k are deleted. 1
A similar situation occurs in the VR district, though a maximum density of 16 du/a is provided.
This density is higher than allowed by the previous zoning ordinance #82-2 and bears no
relationship to minimum lot area requirements for single family, mobile home and duplex uses.
This amendment provides for maximum density based upon the minimum lot area requirement. For
multi-family uses, this amendment provides for the same density allowed in the previous zoning
ordinance - 1 du/3,000 s.f. of land area (14.52 du/a).
It was, and is, acknowledged that the County has the legal authority to rezone property or modify
zoning districts so as to lower allowable residential densities - even for properties that retained their
zoning/density under the Zoning Reevaluation Program - so long as it is for a valid public purpose.
The reference to the DRS in the residential zoning districts could be read as accomplishing just that
- limiting density to that allowed under the DRS. However, this was not the intent in adopting the
LDC in 1991, nor in any subsequent amendments to the various zoning districts in the LDC. There
has never been any expressed intent of reducing (or increasing) densities for these existing zoned
properties. Therefore, since adoption of the LDC in 1991, staff has viewed these existing zoned
properties as eligible for density authorized by FLUE policies, not the DRS.
Finally, the VR district is a bit confusing as it indicates this district is to apply to areas outside the
coastal urban area - yet there is VR zoning in the coastal urban area. This amendment clears this up.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Future Land Use Element and Golden Gate Area
Master Plan of the Collier County Growth Management Plan.
Amend the referenced sections of the Land Development Code as follows:
Section 2.2.4 Residential single-family districts (RSF).
2.2.4.1 Purpose and intent. The purpose and intent of the ....... The RSF districts
correspond to and implement the urban mixed use land use designation on the future
land use map of the Collier County growth management plan. The maximum density
permissible in the residential-single family districts and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County growth management plan. The
maximum density permissible or permitted in a district shall not exceed the density
permissible under the density rating system. except as permitted by policies
contained in the future land use element.
2.2.4.4.1 Maximum density.
1. RSF-1: One unit for each gross acre.
2. RSF-2: Two units for each gross acre. N~GEN,,~ ,TE,
3. RSF-3: Three units for each gross acre.
4. RSF-4: Four units for each gross acre. 3/~N 2 7 1999
Words 11~ are added; words struck tkrcugk are deleted. 2
5. RSF-5: Five units for each gross acre.
6. RSF-6: Six units for each gross acre.
Actual maximum density shall be determined through the application of the density rating system
established in the Collier County growth management plan, or applicable policies contained in the
future land use element. not to exceed the above specified density for each district..
Section 2.2.5 Residential multiple-family-6 district (RMF-6).
2.2.5.1 . Purpose and intent. The purpose and intent of the .............
The RMF-6 district corresponds to and implements the urban mixed use land use designation on the
future land use map of the Collier County growth management plan. The maximum density
permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in
part, by the density rating system contained in the future land use element of the Collier County
growth management plan. The maximum density permissible or permitted in this district shall not
exceed the density permissible under the density rating system. except as permitted by policies
contained in the future land use element.
2.2.5.4.5 Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County growth
management plan, or applicable policies contained in the future land use element. not
to exceed six dwelling units per gross acre.
Section 2.2.6 Residential multiple-family- 12 district (RMF- 12).
2.2.6.1 Purpose and intent. The purpose and intent of the ............. The RMF-12 district
corresponds to and implements the urban mixed use land use designation on the
future land use map of the Collier County growth management plan. The maximum
density permissible in the RMF-12 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County growth management plan. The
maximum density permissible or permitted in the RMF-12 district shall not exceed
the density permissible under the density rating system. except as permitted by
policies contained in the future land use element.
2.2.6.4.5 Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County growth
management plan, or applicable policies contained in the future land use element. not
to exceed 12 units for each gross acre.
Section 2.2.7 Residential multiple-family- 16 district (RMF- 16).
2.2.7.] Purpose and intent. The purpose and intent of the ............. The RMF-I~ diSt~EN,~
corresponds to and implements the urban mixed use land use designation c the
future land use map of the Collier County. growth management plan. The : naxid/tMfn~
Words ~ are added; words ctr'.'-ck thrcu'~h are deleted. 3
density permissible in the RMF-16 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the
future land use element ofthe Collier County growth management plan. The
maximum density permissible or permitted in the RMF-16 {t district shall not exceed
the density permissible under the density rating system. except as permitted by
policies contained in the future land use element.
2.2.7.4.5 Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County growth
management plan, or applicable policies contained in the future land use element. not
to exceed 16 dwelling units for each gross acre.
Section 2.2.9 Village residential district (VR).
2.2.9.1 Purpose and intent. The purpose and intent of the village residential district (VR) is
to provide lands where a mixture of residential uses may exist. Additionally, uses
are located and designed to maintain the village residential character of the VR
district. The VR district corresponds to and implements the mixed residential land
use designation on the Immokalee future land use map of the Collier County growth
management plan. It is intended for application in those urban areas outside of the
coastal urban area designated on the future land use map of the Collier County
growth management plan. though there is some existing VR zoning in the coastal
llrban area. The maximum density permissible in the village residential district and
the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in the VR a
district shall not exceed the density permissible under the density rating system~
except as permitted by policies contained in the future land use element. or as
designated on the Immokalee future land use map of the growth management plan.
2.2.9.4.5 Maximum density.
Single-Family Duplex Multiple-Family Accessory Conditional
Dwelling and Dwelling Uses Uses
Mobile Home /
~ 8.71 units/_m'oss 14,52 units/~oss N/A N/A
acre acre acre
As Actual maximum density_ shall be determined through the application ofla~y the
density rating system, or applicable policies contained in the future land use element.
or the Immokalee future land use map established in the Collier County growth
management plan, not to exceed the above specified densi_ty for each use. 16 u,~itz far
JAN g 7 1999
Words underlined are added; words struck ~ ..... ~ are deleted. 4
Section 2.2.10 Mobile home district (MH).
2.2.10.1 Purpose and intent. The purpose and intent of the mobile home district (MH) is to
provide lands for mobile homes that ensure they are consistent and compatible with
surrounding land uses. The MH district corresponds to and implements the urban
mixed use land use designation on the future land use map of the Collier County
growth management plan. The maximum density permissible in the mobile home
district and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier County
growth management plan. The maximum density permissible or permitted in the
MH a district shall not exceed the density permissible under the density rating
system. except as permitted by policies contained in the future land use element, or
as identified in the Immokalee future land use map of the growth management plan
2.2.10.4.5 Maximum density. Maximum density shall be determined through application of the
density rating system established by the Collier County growth management plan, or
iLnplicable policies contained in the future land use element. not to exceed 7.26 units
per ~oss acre (1 unit per 6.000 square feet of land area) - except as provided for
legal non-conforming lots of record in Section 2.2.10.4.1.
Section 2.2.20 Planned unit development district (PUD).
2.2.20.1 Purpose and intent. The purpose and intent of establishing the planned unit .........
The maximum density permissible in the PUD district and the urban mixed use land
use designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County growth management plan. The
maximum density permissible or permitted in the PUD a district shall not exceed the
density permissible under the density rating system. except as permitted by policies
contained in the future land use element. Anything to the contrary notwithstanding,
all PUD development shall be consistent with the Collier County growth
management plan.
2.2.20.3.1.1 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, industrial,
or other land use having an established equivalent residential density in this
Land Development Code. The maximum density permissible or pe:
a PUD shall not exceed the density permissible under the density ra ing
system, or applicable policies contained in the future land use elem~ nt.
2. Density on a site specific basis ........... JAN
Words ~ are added; words ...... ~- ~'~ .....~ are delet:ed. 5
2.2.20.3.2 Multifamily entry level rental housing areas.
1. Permitted uses and structures. No building or structure ............
2. Maximum density. The maximum residential density permissible shall be
guided, in part, by the density rating system contained in the future land use
element of the growth management plan. The maximum density permissible
or permitted shall not exceed the density permissible under the density rating
system. except as permitted by policies contained in the future land use
element.
cladfy res. density - DW "H" Drive, LDC Cycle 2 - 1998 dw 9/4/98
I JAN 7 1999
Words 11~ are added; words ctruck thrcu~h are deleted. I 6
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 2.22 and 2.24
LDC SECTION: 2.2.4.4.5. and 2.2.5.4.5.
CHANGE: To amend Sections 2.2.4.4.5. and 2.2.5.4.5., Maximum Height as this applies to
accessory structures and to provide exception for screened enclosures.
REASON: Pool enclosure structures do not project the same type of concern that serves the
reason for which height limitation have their reason for being. The traditional application is
based on a structure which interrupts or blocks air space while a screened pool enclosure does
not interrupt or block air space. Therefore, it should not be a problem if they take on a height
similar to the residence to which they are a part.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.4.4.5. Maximum Height
1. Principal Structures. 35 feet
2. Accessory structures. 20 feet except for screen enclosure structures which
may be same as principal structure.
2.2.5.4.5. Maximum height of structures
/
1. Principal structures. Three habitable floors.
2. Accessory structures. 15 feet except for screen enclosure structures which
may be the same height as the principal structure but in no event greater
than thirty-five 35 feet.
2.2.4.4.5. and 2.2.5.4.5. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
JAN 8 7 1999
ORIGIN: Current Planning Section
AUTHOR: Ronald F. Nino, AICP, Planning Services Manager
Susan Murray, AICP, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC6:20 - Definitions
LDC2:23-2:25 - RMF-6
LDC SECTION: Definition; 2.2.5.4.-2.2.5.4.3.
CHANGE: 1. Delete the reference to the location of the definition of
"Duplex".
2. RMF-6 zoning district section: Add reference to duplex in the
tables of dimensional standards and add appropriate standards.
REASON: 1. Referencing the location of the definition of a duplex is
unnecessary. The reference to "two-family" in the definitions
section referencing the location of the definition of a duplex is
erroneous because the definitions of "two-family" and "duplex" are
two separate and distinct definitions in the code.
2. The current RMF-6 district standards do not reference standards
for duplexes.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
Definitions:
DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS
Sec. 2.2.5. Residential multiple-family - 6 district (RMF-6).
1999
2.2.5.4. Dimensional Standards: The following dimensional standards shall apply
to all permitted housing structure types, accessory, and conditional uses in
the RMF-6 district.
2.2.5.4.1. Minimum Lot Area:
Single-Family:6,500 square .feet except as provided at Section 2.2.5.4.7.
and 2.6.27.
· Duplex: 12.000 square feet except as provided at Section 2.6.27
Two-Family: ~ ~' nan 6.000 square feet ner dwelling, unit except as
provided at Section 2.6.27
Three or more Dwelling Unit Structures: 5,500 square feet per dwelling
unit except as herein further provided.
2.2.5.4.2. Minimum Lot Width:
Single-Family: 60 feet
Duplex: 80 feet_
Two Family: 80 feet combined lot width.
Three or more Dwelling Unit Structures: 100 feet
2.2.5.4.3. Minimum Yard Requirements (except as further provided at Section
2.6.27.)
The following minimum yard requirements are in relation to platted
boundaries:
Front Yard ~ Side Yard Rear Yard
One (Single) Family - 25' 7 ½' 20'
Dwelling Units
Duplex 25' 10' 20'
Dwelling Units
Two Unit/Family 25' 10'* 20'
Dwelling Units
Three or More Family 30' 15' 20'~
Dwelling Units
* Where fee simple lots are created for each dwelling unit
sid~ yards are measured from the outside wall of the principal structure.
2.2.5.4.7. Development Standards for Non-Conforming Lots of Record:
Nothing herein contained shall prohibit the use of a platted lot of record
for a single family detached dwelling unit, irrespective of its dimen ilonal oAGEND~A/3TEM
N
and area measurements. Combinations of platted lots of record are
otherwise permitted to achieve the minimum dimensional and area
JAN 2 7 1999
requirements for each housing structure type as described in the foregoing
sections:. except that the number of dwelling units that may be constructed
on any lot of record (the original platted lot) shall be determined by
dividing the area of the lot bv 6.500 Square feet being the minimum lot
area for each dwelling unit and further providing that when calculating the
density_ on these non-conforming lots. a fractional unit of 0.50 or _re'eater of
a unit shall entitle the applicant to an additional unit,
2..2.5.4.-2.2.5.4.3./SM/H:
1999
ORIGIN: Current Planning Section
AUTHOR: Ronald F. Nino, AICP, Planning Services Manager
Susan Murray, AICP, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:45-46
LDC SECTION: LDC 2.2.13.2.
CHANGE: Delete Caretaker's residence as a permitted use and place under
uses accessory to permitted uses. Amend the reference to the
criteria for a caretaker's residence ~'om section 2.6.10 to section
2.6.16.
REASON: The C-2 zoning district is the only commercial district
which allows a caretaker's residence as a permitted use. All other
commercial districts ( C-l, C-3, C-4, C-5) and the Industrial (I)
zoning district allow a caretaker's residence as an accessory use to
permitted uses. The section reference 2.6.10 is incorrect. The
correct section is 2.6.16. The C-2 zoning district is the only section
where this error occurs.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
2.2.13.2.1. Permitted uses.
/
Renumber remaining section.
2.2.13.2.2. Uses accessory to permitted uses.
3. Caretaker's residence. subject to section 2.6.16.
JAN 2 7 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC 2.149
LDC SECTION: 2.2.14.2.1.
CHANGE: Amend Section 2.2.14.2.1. to allow automobile lubrication, care detailing shops and
window tinting as permitted uses in the C-3 district.
REASON: Quick lubricating, car detailing (cleaning) and automobile window tinting are no
more intensive uses of land as are found in the C-3 district, such as miscellaneous repair shops
and gasoline service stations which include minor repairs. Additionally there are currently C-3
zoning districts in which these uses exist and are technically non-conforming. Case in point is
the C-3 zoning district adjacent Naples Park.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
Amend the LDC as follows:
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores (groups 5611--5699).
/
3. Auto and home supply stores (5531).
4_. Automotive Services (7549).
4= 5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except auctioneering service, field warehousing, bottle labeling, packaging and
labeling, salvaging of damaged merchandise, scrap steel cutting and slitting).
JAN 2 7 1999
~.6. Eating places (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
6:.7. Food stores (groups 5411--5499).
:7-:.8. General merchandise stores (groups 5311--5399).
8:.9. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
§ 400.402 F.S. and oh. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and oh. 4-193 F.A.C.; all subject to section 2.6.26.
~.10. [Reserved.]
10.11. Home furniture, furnishing, and equipment stores (groups 5712--5736).
11.12. Libraries (8231).
12.13. Marinas (4493), subject to section 2.6.22.
13.14. Membership organizations (8611 --8699).
44.15. Miscellaneous repair services (groups 7629--7631 ).
15.16. Miscellaneous retail (groups 5912--5963 except pawnshops and building
materials, 5992--5999).
!6.17. Museums and art galleries (8412).
17.18. Nondepository credit institutions (groups 6111--6163).
12. 19, Paint, glass and wallpaper stores (5231).
/
19.20. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7221--7251, 7291).
20.21.Public administration (groups 9111--9199, 9229, 9311,9411--9451, 9511--9532,
9611 --9661 ).
21.22. Retail nurseries, lawn and garden supply stores (5261).
22.23. Veterinary services (groups 0742, 0752 excluding outside kenneling).
. d A N g 7 1999
2
23.24. Videotape rental (7841).
~-4,.25. United States Postal Service (4311 except major distribution centers).
25.26. Any use which was permissible under the prior GRC zoning district and which
was lawfully existing prior to the adoption of this code.
25.27, Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, service and office purposes
consistent with the permitted uses and purpose and intent statement of the district.
2.2.14.2.1. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
JAN 2 7 1999
3
Pcl.._~L_,.._..~
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 2:87
LDC SECTION: 2.2.23.3.3.
CHANGE: Amend Sub-section 2.2.23.3.3. Airport Overlay District for the purposes of
qualifying variance application to the Board of Zoning appeals providing that no variance may be
granted in an airport hazard area except in compliance with subsection 333.03(1 )(c) Florida
Statutes.
REASON: Florida Statutes provide authorization to further condition the granting of variances
within an airport hazard zone and provide criteria relative to those conditions. The amendment
provides that a variance may be granted only if the criteria of subsection 333.03 ( 1 )(c) is met.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Subsection 2.2.23.3.3. as .follows:
2.2.23.3.3. Variances. Any person desiring to erect or increase the height of any
structure or use his property not in accordance with the regulations
prescribed in this ordinance may apply to the board of zoning appeals for a
variance from such regulations pursuant to section 2.7.5. except as
provided by subsection 333.03(.1 )(c) Florida Statutes,
2.2.23.3.3. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
1999
ORIGIN: Community Development and Environmental Services
AUTHOR: Jeremy D. Battis, M.C.P.
DEPARTMENTS: Metropolitan Planning Organization
LDC PAGE: 2:132
LDC SECTION: 2.3.16.1
CHANGE: To add a provision to off-street parking requirements to address parking facilities for
bicycles.
REASON: Collier County has embraced the pursuit of balanced transportation and freedom of
choice by adoption of the Growth Management Plan, Transportation Element, Traffic Circulation
Sub-element provisions which ensure that bike lanes be added to all road improvements. As
bicycle use rises, users find themselves without sufficient parking and are left to secure their
bicycles to trees, signposts, and guardrails. Such a situation is not in keeping with community
standards for general health and safety, nor expectations for orde~y and high-quality public
vistas.
Amend the LDC as follows:
2.3.16.1. Bicycle Parking for Non-residential Developments.
1. Provisions for the safe and secure parking of bicycles shall be
furnished at a ratio of five percent of requirements for Ilaotor
vehicles per Sec. 2.2.16. but not to exceed a ratio of 10% of the
required number of parking spaces. A minimum of two bicycle
parking spaces shall be provided.
2. A bicycle parking facili_ty suited to a single bicycle ("parking
space") shall be Of a stand-alone inverted-U design measuring a
minimum Of 36 inches high and 18 inches wide [of 1V2 inch
ScheClule 40 pipe per ASTM F 10831_ bent in ohe piece ("bike
rack") mounted securely to the _m'ound [by a 3/8 inch thick steel
base plate per ASTM A 36] so as to secure the bicycle frame and
both wheels,
3. Each parking space shall have a minimum of three feet of clearance
on all sides of the bike rack.
4. Bicycle spaces shall be paved. lighted and located no ~eater than
100 feet from the main building entrance.
5. Extraordinary_ bicycle parking designs which depart fr~ mn the bike -
rack standard but are in keeuina with the develonment's ~~
theme shall be considered by the Coun_ty architect. Bike racks
JAN 2 7 1999
which function without securing the bicycle frame. require the use
of a bicycle kick stand. or which may be freely reoriented are
allowable.
6. Substitutions of up to five percent of parking required by 2.3.16.
are allowable by providing additional bicycle parking on a five-to-
one basis.
JAN 2 ?' 1999
ORIGIN: Code Enforcement
AUTHOR: Michelle Edwards Arnold, Director-
DEPARTMENT: Code Enforcement Department
LDC PAGE: 2:176
LDC SECTION: 2.6.7.2 Parking, Storage or Use of ~x~ajer Recreational Equipment.
CHANGE: To modify the time restrictions for the parking, storage or use of recreation
equipment and clarify the permit requirements in the exception section.
REASON: The current time requirement is very difficult to enforce for the Code
Enforcement Department and is in excess of what is needed for the loading, unloading and/or
cleaning of the subject equipment. The proposed change will be enforceable while providing
enough time to accomplish activity necessary to prepare for use of the subject equipment.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend the Land Development Code as follows:
2.6.7.2. Parking, storage or use ofmaj~ recreational equipment.
2.6.7.2.1. No recreational equipment shall be used for living, sleeping, or housekeeping
purposes when park.ed or stored on a residentially zoned lot, residential districts, or
any location not approved for such use. In districts permitting single-family homes
or mobile homes, maj~ recreational equipment may be parked or stored only in a
rear yard, or in a completely enclosed building, or in a carport, ~or on davits or
cradles adjacent to waterways on residentially zoned property; provided, however,
that such equipment may be parked anywhere on residential premises other than
fight-of-way or easements for a period not to exceed ~ 6 hours d',:ring within a
time period of seven (7) days for loading and unloading, and/or cleaning prior to or
after a trip. For the purpose of this section the rear yard for a comer [lot] shall be
considered to be that portion of the lot opposite the street with the least frontage.
For through lots the rear yard shall be considered to be that portion of the lot lying
between the rear elevation (by design) of the residence and the street.
JAN 7 1999
2.6.7.2.2. The following exceptions may be granted by the site development review director:
1. Such recreational equipment may be parked upon the premises of the resident
for a period not exceeding seven days for the purpose of
repairing and/or cleaning prior to or after a trip. A temporary_ use permit must
be obtained to authorize this activiLy, The permit for such period shall be
affixed to the vehicle in a conspicuous place on the street side thereof. No
more than two consecutive permits may be issued and the maximum number
of permits issued during one calendar year shall be restricted to four.
~, ,,n;~. ~, ....... ,~- h,,,~ recreational eouioment,
2. Nonresident: Such .......... , ................... _ _
when used for transportation of visitors to this county to visit friends or
members of the visitor's family residing in this county, may be parked upon
the premises of the visited family for a period not exceeding seven days. A
temporary_ use permit must be obtained to authorize this activity. The permit
for such period shall be affixed to the vehicle in a conspicuous place or the
street side thereof. This does not allow for living, sleeping, or housekeeping
purposes. No more than two consecutive permits may be issued and the
maximum number of permits issued during one calendar year shall be
restricted to four.
JAN 7 {999
ORIGIN: Current Planning
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 2.245
LDC SECTION: 2.7.3.5.2.
CHANGE: To amend provisions relative to the procedure followed to obtain a determination
that a change to a PUD master plan is or is not substantial in nature.
REASON: The current provisions taken literally advise that the determination as to whether or
not a change to a PUD Master Plan is or is not substantial is made by the Planning Services
Director when in practice staff has administrated this procedure in the same manner as any other
land use petition in that a report is by to the County Planning Commission at a duly advertised
Public Hearing and it is the County Planning Commission that determines whether the report
and findings by the Planning Services Director supports a decision that a change to a PUD
Master Plan is or is not substantial in nature.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS: Division 1.3 Interpretations
Amend the LDC as follows:
Sec. 2.7.3.5.2.
2.7.3.5.2. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
JAN g 7 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Joseph McHarris,
DEPARTMENT: Planning Services
LDC PAGE: 2.264 thru 307
LDC SECTION: 2.8.
CHANGE: To amend various provisions of this division as a result of the experiences gained since
its inception on July 2, 1997.
REASON: Experiences gained by former and current staff(i.e. Joe McHarris original author of
regulations) with respect to administering these regulations advise that modifications primarily in
the form of clarification were needed, however some additional standards arc also introduced to
obtain the original mandate by the Board of Commissioners.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Generally all of Division 2.1 thru 2.8
Amend Subsection and Sub-sections as follows:
Sec. 2.8.2. Applicability.
Provisions of this division are applicable in all commercial zoning districts, commercial
components of PUD districts, and DRIs, and business park districts, industrial zoned areas fronting
on arterial or collector roads as described by the Transportation Circulation Element to thd ~owth
management plan. as provided below:
2.8.2.1. Renovations and redevelopment: In the case of additions or renovations to, or
redevelopment of, an existing building or project, where the cost of such
addition, renovation, or redevelopment exceeds 50 percent of the value of the
existing structure(s), or 20 percent of the square footage of the existing
structures, the provisions of this division shall apply.
2.8.2.2. Discontinuance.' The provisions of section 1.8.3.3. of this code do not apply
to the provisions of section 2.8. which require structural alterations and are
superseded by the following. Where the use of a structure ceases for any
reason, except where governmental action impedes access to the pl 'emises. for
JAN 2 7 1999
1
a period of more than 365 consecutive days, the provisions of this code which
may require structural alterations shall be adhered to prior to reoccupancy of
the structure. With respect to vehicular use and required landscape areas, the
provisions of this section shall apply where the use of a structure ceases for
any reason, except where governmental action impedes access to the
premises, for a period of more than 180 consecutive days.
2.8.2.3. Required site development or improvement plan. Compliance with the
standards set forth in this division shall be demonstrated by submittal of
architectural drawings and a site development plan or site improvement plan
in accordance with division 3.3 of this code.
2.8.2.4. Iljustrations. Iljustrations provided in division 2.8. are intended to provide a
graphic example of a specific provision or provisions set forth herein.
Variations from these iljustrations which nonetheless adhere to the provisions
of this division, are encouraged.
Sec. 2.8.3. Architectural and site design standards and guidelines for commercial
buildings and projects with a gross building area of 20,000 square feet or
larger.
Compliance with the standards set forth in this section shall be demonstrated
by submittal of architectural drawings and a site development plan in
accordance with division 3.3 of this code.
2.8.3.1. Off street parking design. As provided for in division 2.3, and subject to the
following provisions:
2.8.3.1.2. Purpose and intent. Commercial buildings and projects, including their
outparcels shall be designed to provide safe, convenient, and efficient access
for pedestrians and vehicles. Parking shall be designed in a consistent and
coordinated manner for the entire site. The parking area shall be integrated
and designed so as to enhance the visual appearance of the community.
2.8.3.1.3. Design standards. Parking, utilizing the same degree of angle, shall be
developed throughout the site to provide efficient and safe traffic and
pedestrian circulation. A single bay of parking provided along the perimeter
of the site may vary in design in order to maximize the number of spaces
provided on-site. The mixture of one-way and two-way parking aisles, or
different degrees of angled parking within any parking area is prohibited,
except as noted above, or where individual parking areas are physically
separated from one another by a continuous landscape buffer, a minimum
five feet in width with limited access. Landscape buffers for the ~s,~ lneatinnq
JAN 2 7 1999
2
5hall use landscape material other than ~ass for separation of parking areas.
(See Iljustrations 1 and 2)
JAN ,g 7 1999
3
_P~. ,$/
, AN"1" T'fPF_,
= PAP,,KIt,,4~
. (. ~ e,,~'.r DF..F...P)
~~' 4%' ! ~ Afar' Sttq~t,E
· I
r :"-'-"'-- ARE..A '~ '1-----~
DO THIS
Iljustration I
clcP~"t4AY~ c~T!~
PARKil,..I~ _
qO~ ~ ANeLEO
L OoNg- DoT hi 5
Iljustration 2
AGEN.,..~ITEM
JAN 2 ? 1999
2.8.3.1.3,1, Maximum Parking: Parking in excess of the minimum parking requirements
by twenty_ (20) percent shall provide additional landscaping as described in
section 2.3.10. of the LDC,
2.8.3.1.4. Parking for -;--'~ ur, c projects. ~ Projects shall be designed to
adhere to the following standards:
(a) Interior lots. No more than 50 percent of the off-street parking for the
entire commercial building or project shall be located between any primary
facade of the commercial building or project and the abutting street or
nav e waterway,, '--, ......r,o v .....~, r ................a
................... b --t, ........ ., ......-~, ..............,,, .....the
(See Iljustration 3 below)
5tTE
, "''27,"2
[___ >_.509'o oF RE.QU~R~'D
PA~K~Cn ~ ~oo~o oF
.--- e e '~ ~--. ~0~'o OF ~F_~uIF,.E.D
'OUIERt"lot~T
~ - 5TKEF_T----.--~
/
Iljustration 3 "
(b) Corner lots. No more than 80 percent of the off-street parking for the
entire commercial building or project shall be located between any
primary facade of the commercial building or project and the abutting
street or navigable waterway area, with no single side to contain more
f th p arki
than 65 percent o e required ng,
l~h,,~_ ~ ~,1~, lTn~,-t~ ~_,.1 ~
· JAN B 7 1999
5
~;_; ..... ~ ~. e.~+ (See iljustration 4 below)
Iljustration 4 ~
2.8.3.1.5. Parking structure standards: a minimum of 60 percent of any primary facade
of a parking structure or covered parking facility shall incorporate two of the
following (see Iljustration 5 below for examples):
(a) transparent windows, with clear or lightly-tinted glass, where
pedestrian oriemed businesses are located along the facade of the
parking structure; .~o.aEnC~,TE~'
JAN g 7 1999
(b) display windows;
(c) decorative metal grille-work or similar detailing which provides
texture and partially and/or fully covers the parking structure
opening(s);
(d) art or architectural treatment such as sculpture, mosaic, glass block,
opaque art glass, relief work, or similar features; or,
(e) vertical trellis or other landscaping or pedestrian plaza area.
MW-.:L4.f. t,*Joruc, TIt. lg~'i. Ms;q}-
H!ustration 5
2.8.3.2. Lighting.
2.8.3.2.1. Purpose and intent. Commercial buildings and projects, including their
outparcels shall be designed to provide safe, convenient, and efficient lighting
for pedestrians and vehicles. Lighting shall be designed in a consistent and
coordinated manner for the entire site. The lighting and lighting fixtures shall
be integrated and designed so as to enhance the visual impact of the project
on the community and or blends into the landscape.
2.8.3.2.2. Shielding standards. Lighting shall be designed so as to prevent direct glare,
light spillage and hazardous interference with automotive and pedestrian
traffic on adjacent streets and all adjacent properties.
JAN g 7 1999
7
2.8.3.2.3. Fixture height standards. Lighting fixtures shall be a maximum of 30 feet in
height within the parking lot and shall be a maximum of 15 feet in height
within non-vehicular pedestrian areas (see Iljustration 6 below).
//\\
Iljustration 6
2.8.3.2.4. Design standards. Lighting shall be used to provide safety_ while accentillg
key architectural elements and/or to emphasize landscape features. Light
fixtures shall be designed as an integral design element that complements the
design of the project tt:rcugh ~"'~ ~.,~,4.~ .... ~- This can be
accomplished through style. material or color (excluding florescent and
primary/secor~dary colors) or be designed to blend into the landscape through
the use of cJark colors such as bronze. Mill finish is not permitted.
2.8.3.3. Lc, adi::g, stcrc. gc, ,'r:ccha~ica!
~,z, ...... ;.~ ,:,.~,; ....... Service Function Areas fSFA) includin~ but not
limited to loading. storage. mechanical equipment. and solid waste disposal.
2.8.3.3.1. Purpose and intent. To diminish, in a safe manner, the visual impacts of
service functions that may detract or have a negative impact on the
streetscape, landscape and/or the overall community image.
2.8.3.3.2. Buffering and screening standards. In accordance with the provisions of
division 2.6. of this code, loading areas or docks, outdoor storage, trash
collection, mechanical equipment, trash compaction, ~,,,d .... ~,;__ vehicular
AGEND TEM
JAN g 7 1999
8
storage excluding new and useCl ~r$, recycling, roof top equipment and other
service function areas shall be fully screened and out of view from adjacent
properties at ground view level"
..; ..... c.~.;A._,;~, ...... A -ro-e.'i. ies and in view of roadway corridorS.
2.8.3.3.3. Materials and design standards. Screening material and design shall be
consistent with design treatment of the primary facades of the commercial
building or project and the landscape plan.
Fencing standards: Chain link and wood fencing are prohibited forward of
the primary_ facade and must be a minimum of one hundred (100) feet from a
public fight-of-way. Chain link and wood fencing facing a public right-of-
way shall provide at a minimum an irrigated hedge directly in front of the
fence on the side of the right-of-way. Plant material shall be a minimum of
three gallon and planted three feet on center at time of installation. This plant
material shall be maintained at a minimum of three quarter the height of the
fencing. (See Iljustration 6.1)
Fencing forward of the primary. facade is permitted under the following
conditions:
/-- 13 Fencing does not exceed four feet in height.
23 The fencing provides either an open vidw at a minimum of twen_ty
five percent of its len~h or provides variation in its height for a
minimum of fifteen percent of its length with a deviation of at least
twelve (12) inches.
The fence style must complement building style through material.
color and/or design.
JAN g 7 1999
· . ,'. ~i "!'~ .:-' '~ '..' ·' : ......
Iljustration 6.1
2.8.3.3.4. Drive-through window standards. Drive-through windows and lanes shall be
designed to adhere to the following standards:
1. Drive-through windows shall not be placed between the right-of-way
of a primary collector or arterial roadway and the associated building,
unless the vegetation required by a Type "B" landscape buffer is
J/~N 2 7 1999
lo
installed within the buffer width required for the project and
maintained along the entire length of the drive-through lane between
the drive-through lane and the adjacent tight-of-way. As an alternative
to the vegetative buffer referenced above, a permanent covered porte-
cochere type structure, other than awning/canvass type structure(s),
may be installed extending the width of the drive-through and
covering the service window(s). Such structure shall be integrated
stmcmrally and architecturally into the design of the building.
2. Only a single drive-through ~ facili_ty is permitted.
,.,1.,;,.,1., ,.,..,.,', ....~-;l.;~ ,-,1~,,1..1~ ,4..-~,,~ +1,, ..... 1.., 1 .... '!~71.,~.~ ,-1,,,,1.,1~
2.8.3,4. Pedestrian w alkways,
2.~.3.4. ~. Purpose and intent. To provide safe opportunities for a]ternative modes of
transportation by connecting with existing and future pedestrian and bicycle
pathways within the county and to provide safe passage from the public right-
of-way to the commercial building or project, and between alternative modes
o f transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths shall be
provided from the building entry(s) to surrounding streets, extemal
sidewalks, and outparcels. Pedestrian ways shall be designed to provide
access between parking areas and the building entrance(s) in a coordinated
and safe manner. Pedestrian ways may be incorporated within a required
landscape perimeter buffer, provided said buffer is not less than ten feet in
width on average. Shared pedestrian walkways are encouraged between
adjacent commercial projects.
2.8.3.4.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one
for each public vehicular entrance to a project, excluding ingress and egress
points intended primarily for service, delivery or employee vehicles.
2.8.3.4.4. Minimum dimensions. Pedestrian walkways shall be a minimum of five feet
wide.
JAN 7 1999
11
2.8.3.4.5. Materials. Pedestrian walkways shall be consistent with the provisions of
section 4.5 of the Americans with Disabilities Act (ADA), Accessibility
Guidelines. Materials may include specialty pavers, concrete, colored
concrete or stamped pattem concrete.
2.8.3.4.6. Pedestrian crosswalks at building perimeter. Building perimeter crosswalks
shall be designed and coordinated to move people safely to and from
buildings and parking areas by identifying pedestrian crossings with signage
and variations in pavement materials or markings.
2.8.3.4.7. Shade. Pedestrian walkways shall provide intermittent shaded areas when the
walBvay exceeds 100 linear feet in length at a minimum ratio of 100 square
feet of shaded area per every 100 linear feet ofwalkway. Shade structures
may be natural. manmade or a combination of both.
2.8.3.5. Building design.
2.8.3.5.1. Purpose and intent. To maintain and enhance the attractiveness of the
streetscape and the existing architectural design of the community. Buildings
shall have architectural features and patterns that provide visual interest from
the perspective of the pedestrian; reduce massing aesthetic; recognize local
character, and be site responsive. Facades shall be designed to reduce the
mass/scale and uniform monolithic appearance of large unadorned walls,
while providing visual interest that will be consistent with the community's
. identity and character through the use of detail and scale. Articulation is
accomplished by varying the building's mass in height and width so that it
appears to be divided into distinct massing elements and details that can be
perceived at the scale of the pedestrian (see Iljustration 7 below).
Comer lots at an intersection of two or more arterial or collector roads shall
be designed with additional architectural embellishments, such as comer
towers, or other such design features, to emphasize their location as gateways
and transition points within the community.
/
JAN 2 7 1999
12
F, LEV.
Iljustration 7 ' -
1 JAN 2 7 1999
2.8.3.5.2. Building orientation standards. Facades/elevations that are adjacent to an
arterial or collector street, or a navigable waterway, shall have
facing ...................
...... ,~ ,,;,~,, ~t' .....,~; .... · ....;_,~d ..... *'~ ~"'~;~ two (2) of the
aCCe,S,';, ............... J ~,.-j ...........~,.- ............... . .
following design featureS:
1. Windows at a minimum of 40% of the affected fa.cade;
2. Projected covered public entry. with a minimum of 25% of the wall
space devoted to windows:
3. Covered walkway (excluding canvas _type) unless provided with six
(6) inch columns or better attached to the building at a minimum of
eight feet wide with a 60% minimum coverage for the affected facade.
2.8.3.5.3. Facade/wall height transition. New developments that are located within 300
feet of an existing building, and are more than twice the height of any
existing building within 300 feet shall provide transitional massing elements
to transition between the existing buildings of lower height within 300 feet,
and the proposed development. The transitional massing element can be no
more than 100 percent taller than the average height of the adjacent buildings
(see Iljustration 8 below).
: j A N ?,, 7 1999
14
Do THi~
1~1o Rm. ATiO H.~t-l tf- To
!',k:>T l'H,&
Iljustration 8
2.8.3.5.4. Facade standard. All primary facades of a building shall be designed with
consistent architectural style, detail and trim features. Facades attached to a
primary_ facade shall intore. orate features of the primary_ facade for ~
minimum of 33 percent Qfthe QVerall wall length measured from the attached
primary_ facade. In the case of outparcel buildings, all exterior facades shall
adhere to the requirements of this division with respect to architectural design
treatments for primary facades.
2.8.3.5.4, 1, Window standards: Windows ~hall nQt appear to be fake or applied.
~ Awning Standards: (Applies to awnings associated and attached to ~
buildingstructure). (Set Iljustration 8.1 )
J A N g 7 1999
15
Iljustration 8.1
Mansard Awning: (_As defined by an awning that is more than 90% of a
facade or one that connects two facades) shall adhere to all roof standards in
section 2.8 of the L.D.C.
Other Awnings: (_As defined by 90% unless other than a fa.cade and which
d0¢s not provide a connection between facades) shall adhere to the following,
standards: '
a) Awning may be backlighted provided illuminated portion of awning
with _m'aphics does not exceed sign code. size limitation and standards.
Awnings In Automobile Sales Parking Lots: Shade awning may be
erected in automobile sales parking lots subject to the following requirements
and standards:
JAN 2 7 1999
16
1 ) No shade awning structure shall be constructed within
seventy-five (75) feet of any public or private street.
2) No one shade awning structure may exceed an area sufficient
to provide cover for more than twenty_ (20) automobiles.
3) The minimum separation between shade awning structures
shall be one hundred (100) feet.
4) Multi-colored shade awning structures are prohibited and the
use of black. ~ay. florescent and primary_. secondary_ cOlOrs are
prohibited. Earth tone colors are encouraged.
2.8.3.5.4.3. Overhead doors: Overhead doors facing into one another may be treated as
interior space provided that the buildings meet all other requirements Of
section 2.8 of the LDC. (See Iljustration 8,2)
i
Iljustration 8.2
JAN g 7 1999
/
Pg.---,~--~----r-_._--
2.8.3.5.5. Massing standards. Exterior facades shall be designed to employ the
following design treatments on the ground floor:
(1) No horizontal length or uninterrupted curve of a building facade shall
exceed 100 linear feet. For arcaded facades, no horizontal length or
uninterrupted curve of the arcaded facade shall exceed 120 feet, but
varied lengths are desirable. Projections and recesses shall have a
minimum depth of three feet with 25 percent of these having a varied
length with a minimum differential of one foot (See Iljustration 9 below).
DoT'~
Iljustration 9
(2) Exterior wall planes shall not constitute more than 60 percent of each
affected ground floor facade. The wall plane shall be measured at one
foot off the exterior wall surface on each side of the wall.
(3) Primary facades on the ground floor shall have features along a
minimum of 50 percent of their horizontal length per affected side.
These features include, but are not limited to: arcades, a minimum of
~ six (6) feet clear in width; display windows; entry areas; or other
such design elements. Awnings are e,x-ohdod included ~c,m in this
calculation at 1.5 times the window width m~4oss wh&n associated
with windows/doors and are in increments of tea twenty (20) feet in
length or less.
J A N :8 7 1999
18 ,
,:,,,.
2.8.3.5.6. Project standards. Both single and multi-use buildings and projects shall also
be required to provide a minimum oft-hr-ee four of the following building
design treatments (see Iljustrations 10 and 11 below):
(a) Canopies or portico, integrated with the buildings massing and style;
(b) Overhangs. (minimum of three feet);
(c) Arcades, minimum of eight feet clear in width;
(d) Sculptured artwork;
(e) Raised comice Farape. It, ever dc, c,r~ or building banding with a
minimum of two relief s;
(f) Peaked roof forms;
(g) Arches;
(h) Display windows;
(i) Omamental and structural architectural details, other than comices;
which are integrated into the building structure and overall design;
(j) Clock. o~ bell towers or other such roof treatment (i.e. dormers.
belvederes. cupolas)
(k) Projected and covered entry_ (five foot minimum)
Emphasized building base (minimum of three feet high and minimum
projection from the wall of two inches).
(m) Additional roof articulation above the minimum standards. (see roof
section)
/
(n) Metal or tile roof as the dominant roof material.
(o) Any other treatment which, in the opinion of the planning services
director, meets the intent of this section:
JAN g 7 1999
19
Ll-~¥A'fio~ 6fz-TaDl,~
F,,LE. VATION
.E-'I~TRy V~EATI4T~e.
Iljustration 10
/
JAN 2 7 1999
20
Iljustration 11
and one of the following site design elements:
(a) Decorative landscape planters or planting areas, a minimum of five
feet wide, and areas for shaded seating consisting of a minimum of
100 square feet; ,,
(b) Integration of specialty pavers, or stamped concrete along the'
building's walkway. Said treatment shall constitute a minimum of 60
percent of walkway area; or,
(c) Water elements, a minimum of 150 square feet in area.
JAN 2 7 1999
21
Provide two accent or specimen trees (above the minimum landscap~
code) along the front fa_cade with a minimum height of eighteen feet
at planting.
2.8.3.5.7. Detail Features
2.8.3.5.7.1. Purpose and intent. The design elements in the following standards shall be
integral parts of the building's exterior facade and shall be integrated into the
overall architectural style2 These elements shall not consist solely of applied
graphics, or paint.
2.8.3.5.7.2. Blank wall areas. Blank wall areas shall not exceed ten feet in vertical
direction nor twenty ~20) feet in the horizontal direction of
primary_ facade. For facades connected to a primary_ fa.cade this shall apply
a minimum of thirty-three percent of the attached fa.cade measured from the
connection point. Control and expansion joints within this area shall
constitute blank wall area unless used as a decorative pattern and spaced at
intervals of six feet or less. Relief and reveal work depth must be a minimum
of one-half inch (see Iljustration 12 below). Blank wall area may utilized
landscaping to assist in reducing the blank wall area, but shall not be in lieu
of architectural treatment. (See Iljustration 12.1)
Iljustration 12
JAN 2 7 1999
Iljustration 12.1
2.8.3.5.7.3. Repeating facade treatments. Building facades shall include a repeating
pattern and shall include no less than three of the design elements listed
below. At least one of these design elements shall repeat horizontally. All
design elements shall repeat at intervals of no more than g,O fifty_ (50) feet,
~ horizontally o~ and a maximum of fifteen (15) feet vertically.
1. Color change;
2. Texture change;
3. Material module change;
4. Expression of architectural or structural bays, through a change in
plane of no less than 12 inches in width, such as a reveal, an offset, or
a projecting fib (see Iljustration 13 below);
JAN g 7 1999
23
llluslraljon 13
5. Architectural banding;
Building setbacks or projections, a minim~ of t~ee feet in width on
upper level(s) or,
7. Pa~em ch~ge
2.8.3.5.8. Additional facade design treatments for multiple use buildings.
2.8.3.5.8.1. Purpose and intent. The presence of buildings with multiple tenets creates
v~e~, brews up l~ge exposes of ~ntenpted facades, ~d exp~ds ~e
r~ge of~e site's activities. Windows ~d window displays of such stores
shall be used to cont~bute to the visual interest of exterior facades. The
st~d~ds in this section ~e directed towed those situations where more th~
one retailer, with s~ate exterior customer entrances, ~e located wit~n the
principal building.
/
2.8.3.5.8.2. First ~oor prima~ facade treatments.
2.8.3.5.8.2.1. ~e first floor of~e p~m~ facades ~auc~ ~.d,; .... u,.n~;_.. shall, at a
minimm, utilize windows be~een the heights of t~ee feet ~d ei~t feet
above the wal~ay ~ade Br no less th~ ~ thi~y (30) percent of the
horizontal len~h of the building facade.
JAN 2 7 1999
24
Pq. ~.,_,_-
2.8.3.5.8.2.2. Windows shall be recessed, a minimum of one-half inch, and shall include
visually prominent sills, shutters, stucco reliefs, or other such forms of
~'aming.
2.8.3.5.9. Outparcels.
2.8.3.5.9.1. Purpose and intent. To provide unified architectural design and site planning
between outparcel structures and the main structure on the site in order to
enhance the visual impact of the structures and to provide for safe and
convenient vehicular and pedestrian access and movement within the site.
2.8.3.5.9.2. Outparcel design: All exterior facades of an outparcel structure shall be
considered primary facades and shall employ architectural, site, and
landscaping design elements which are integrated with and common to those
used on the primary structure on site. These common design elements shall
include colors and materials associated with the main structure. When the use
of common wall, side by side development occurs, continuity of facades and
consolidated parking for several businesses on one parking lot may be used.
Outparcel structures that are adjacent to each other shall provide for vehicular
connection between their respective parking lots and provide for
interconnection of pedestrian walkways.
2.8.3.5.10. Roof treatments.
2.8.3.5.10.1. Purpose and intent. Variations in roof lines shall be used to add interest to,
and reduce the massing of buildings. Roof features shall be in scale with the
building's mass and complement the character of adjoining and/or adjacent
buildings and neighborhoods. Roofing material should be constructed of
durable high quality material in order to enhance the appearance and
attractiveness of the community. The following standards identify appropriate
roof treatments and features.
JAN 2 ? 1999
25
..Do THi.
· /"~ kid F-oo F C-P,A~C..t e
o'1' THIS
Iljustration 14
2.8.3.5.10.2. Roof edge andparapet treatment. At a minimum of two locations, the roof
edge and/or parapet shall have a vertical change from the dominant roof
condition, a minimum of three feet. At least one such change shall be located
on a primary facade adjacent to a collector or arterial right-of-way (see
Iljustration 14 below). One additional roof change must be provided for
every 25.000 square foot increment over fifty_ thousand square feet of ~ound
floor space. ~
2.8.3.5.10.3. Roofs shall meet at4oa~g, vo~f the following requirements: (see iljustration
15)
(1) Parapets shall be used to conceal roof top equipment and flat roofs;
(2) Where overhanging caves are used, overhangs shall be no less than
three two (2) feet beyond the supporting walls -:,'ith a minim"~- facia
AGENDA ITEM
o-
JAN :~ 7 1999
26
g-~ght-ieohes. Where overhangs are less than two feet they shall
provided with a band or comice (minimum of eight inches) under the
~9ffit at the wall.
(3) _~ ........ .-; ....c,,,~.,~ (see Iljustration
Tb, ree cr more roof slope r
~ Facia shall be a minimum of eight inches:
(-4-) Sloping ~^c .... h:^u ,~^ ~,
su--ortin" walls 'v'it~ ........... '
(-5-) Tkree ~; .... ;~_., ~:^~
Additi !
ona .................
JAN 2 7 1999
27
I,,JOT THI
-. ;
Iljustration 15
2.8.3.5.10.4. Prohibited roof types and materials. The following types of materials are
prohibited:
(1) Asphalt shingles, except laminated, 320 pound, 30 year architectural
grade asphalt shingles or better;
(2) Mansard roofs and canopies without a minimum vertical distance of
eight feet and at an angle not less than 25 degrees, and not greater
/
than 70 degrees;
(3) Roofs utilizing less than or equal to a two to 12 pitch unless utilizing
full parapet coverage; and
(4) Back-lit awnings used as a mansard or canopy roof.
2.8.3.5.11. Entryways/customer entrance treatments.
AGENDA .TEM
JAN 2 7 1999
28
2.8.3.5.11.1. Purpose and intent. Entryway design elements and variations are intended to
give protection from the sum and adverse weather conditions. These elements
are to be integrated into a comprehensive design style for the project.
2.8.3.5.11.2. Entryways/customer entrance standards. These standards identify appropriate
entry features.
2.8.3.5.11.2.1. Single use buildings. Single use buildings shall have clearly defined, highly
visible customer entrances which shall include the following:
(a) An outdoor patio area adjacent to the customer entrance, a minimum
of 200 square feet in area which incorporates the following:
(1) benches or other seating components;
(2) decorative landscape planters or wing walls which incorporate
landscaped areas; and
(3) structural or vegetative shading.
(4) frolit entry shall be set back from the drive a minimum
distance of fifteen (15) feet.
2.8.3.5.1'1.2.2. Multiple use buildings and projects. Multi-use structures shall include the
following:
(1) Anchor tenants shall provide clearly defined, highly visible customer
entrances.
(2) A provision for intermittent shaded outdoor community space at a
minimum of one percent of the total gross floor area of the building or
commercial project. Said community space shall be located off or
adjacent to the circulation path of the complex or main structure and
shall incorporate benches or other seating components.
/
L3--) Front entry_ shall be set back from the drive a minimum of fifteen (15)
feet.
2.8.3.5.12. Materials and color.
2.8.3.5.12.1. Purpose and intent. Exterior building colors and materials contribute
significantly to the visual impact of a building on the community. They shall
JAN 2 7 1999
29
F'O. ~_..__
be well-designed and integrated into a comprehensive design style for the
project.
2.8.3.5.12.2. Exterior building materials standards.
2.8.3.5.12.2.1. Predominant exterior building materials shall include, but are not limited to:
(1) Stucco;
(2) Brick;
(3) Tinted, textured, other than smooth or ribbed, concrete masonry units;
or
(4) Stone, excluding an ashlar or rubble construction look.
2.8.3.5.12.2.2. Predominant exterior building material that are prohibited include:
( 1 ) Plastic siding;
(2) Corrugated or reflective metal panels;
(3) Tile;
· (4) Smooth or rib faced concrete block; and
(5) Applied stone in an ashlar or rubble look.
2J2,5_A2.2~ Automotive and other special type service buildings may utilize prefabricated
metal buildings under the following conditions:
Metal buildings are more than two hundred and fifty feet from any
right-of-way:
f2-,) Metal buildings are located directly behind the main showroom/sales
center so as not to be a dominant facade along the street:
L3--) No more than twenty (20) percent of the building can be beyond the
2.8.3.5.12.3. Predom inan t exterior color(s).
,JAN 2 7 1999
30
2.8.3.5.12.3.1. The use of black, ~ ~uorescent, primary_. secondary colors is prohibited
as the predominant exterior building or roofcolor(s). Earth tone colors are
2.8.3.5.12.4. Building trim color(s).
2.8.3.5.12.4.1. Building trim and accent areas may feature any color(s), limited to ten
percent of the affected facade segment, with a maximum trim height of 24
inches total for its shortest distance.
2.8.3.5.12.4.2. Neon or neon type tubing shall be permitted provided for in sections 2.5.6.21.
and 2.5.6.22. of this code. An approved lighting plan consistent with the
provisions of section 2.5.8.1.5.2. of this code shall be provided.
2.8.3.6. Signage.
2.8.3.6.1. Purpose and intent. Signs are intended to be designed to complement rather
than detract from the visual impact of a commercial development by utiliiing
design elements consistent with those employed in the structure's architecture
and by minimizing conflicts with on-site landscaping areas and vehicular use
areas.
2.8.3.6.2. Development standards. In addition to the provisions set forth in division
2.5., of this code, the following standards shall apply.
2.8.3.6.2.1. Unified sign plan. Where multiple on-premise signs are proposed for a single
site or project, or in the case of a shopping center or multi-use building, a
unified signage plan shall be employed. An application for site development
or site improvement plan approval shall be accompanied by a graphic and
narrative representation of the unified signage plan to be utilized on the site.
The unified sign plan may be amended and resubmitted for approval to reflect
style changes or changing tenant needs. Design elements which shall be
addressed in both graphic and narrative form include:
(a) adherence with the provisions of division 2.5. of this~code;
(b) colors;
(c) construction materials and method;
(d) architectural design;
(e) illumination method;
JAN 2 7 1999
31
(f) copy style;
(g) sign type(s) and location(s); and,
(h) in the ease of multi-use buildings, and parcels with multiple structures
on site, including outparcels, the unified sign plan shall indicate
eonformance with the following:
(1) No wall sign shall exceed 80 percent of the width of the unit(s)
occupied by a business with a minimum of ten percent clear
area on each outer edge of the unit(s);
(2) All wall signs for multi-use buildings shall be located at a
consistent location on the building facade, except that anchor
tenants may vary from this locational requirement in scale
with the anchor's larger primary facade dimensions. All signs
shall adhere to the dimensions provided for in the unified
signage plan; and
(3) Pole signs shall provide a pole cover with architectural design
features, including colors and/or materials common to those
-" used in the design of the building the sign is accessory to. A
minimum 100 square foot planting area shall be provided
around the base of any ground or pole sign, consistent with the
provisions of division 2.5. of this code (see Iljustration 16
below).
JAN ~ ? 1999
NoT TO EXCE. F..~ r~ ,5. F,,
Re. tC HT V, CF,
CoMCEAL MENT' OF
5uPP'ol~q' 5'TIh..tcTURE
FLAt,,4T AR:EA-IOoS,F,
Iljustration 16
2.8.3.6.2.2. Outparcels. In addition to the above requirements, unified sign plans for
outparcels, regardless of the size of the outparcel, shall be limited to the
following:
(a) a wall sign for any facade adjacent to a public right-of-way and a wall
sign for any facade facing the main commercial center, not to exceed
a maximum of two wall signs for any single use; and,
(b) a single ground or pole sign not to exceed 60 square feet. Pole signs
shall be limited to 15 feet in height.
2.8.3.6.2.3. Building permit requests. Requests for building permits for permanent on-
premise signs shall adhere to the unified signage plan, which shall be kep~ on
file in the community development and environmental services division.
Requests to permit a new sign, or to relocate, replace or structurally alter an
existing sign shall be accompanied by a unified sign plan for the building or
project the sign is accessory to. Existing permitted signs may remain in place;
however, all future requests for permits, whether for a new sign, or relocation,.
JAN 2 7 1999
33
alteration, or replacement of an existing sign, shall adhere to the unified sign
plan for the property.
2.8.3.7. Landscaping. In addition to the requirements of section 2.4., "Landscaping
and Buffering" the following requirements shall apply.
2.8.3.7.1. Purpose and intent. To provide enhanced landscaping within the vehicular
and pedestrian use areas of large commercial buildings and projects. Such
landscaping is intended to enhance the visual experience of the motoring and
pedestrian public, commonly referred to as the "streetscape", while adhering
to the purpose and intent set forth in division 2.4. of this code. Landscaping
should be used to enhance and complement the site design and building
architecture.
2.8.3.7.2. Landscaping. The following requirements, with the exception of building
perimeter plantings, shall be counted toward the required greenspace and
open space requirements of division 2.4. of this code.
1. At time of planting, trees in vehicular use areas shall be a minimum of
12 to 14 feet height with a six-foot spread and a two and one-half inch
caliper and shall have a clear trunk area to a height of seven feet.
2. The first row of landscape islands located closest to the building front
and sides Shall be landscaped with trees, palms, shrubs and
groundcovers and shall have a clear trunk area to a height of seven
feet (see Iljustration 17 below).
JAN 2 7 1999
34
pa./,,.2 . ~
r_--~~T T~ ~ct~L~.
Iljustration 17
3. Tree and lighting locations shall be designed so as not to conflict with
one another (see Iljustration 18 below). ~
35 JAN 2 7 199!j
Pg. ~
/
liluslrs, lion 111
J/x,N 2 7 1999
36
2.8.3.7.3. Locational requirements for building perimeter plantings as required by
section 2. 4. 6. 5. of this code:
1. Perimeter landscape plantings shall be located adjacent to the primary
building facade, including building entrance areas, plazas, and courtyards.
These areas shall be landscaped with any combination of trees, palms,
shrubs and ground covers (see Iljustrations 19 and 20 below).
sTf-LlcTtlk,~
' I~Lll LPlI~O FP_-Fd H~'rP~ ,
FLAt4TI~-~
. JAN 2 7 1999
37
.......
llluslralion l0
2. Building perimeters shall include plyrings ~t a r~tio o~ ] 00 squ~e
~eet of~l~teTs pe~ 1,000 sq~e ~eet o~building ~ound ~oo~ ~ea.
Pl~teTs shall eithe~ be ~aised o~ ~t ~o~d level ~d be a mi~m~m o~
ten ~eet wide. Seating co~ds, e~ting ~eas ~d pl~s may be
inco~o~ted within ~em (see Illus~ation 21 below).
JAN 2 7 1999
38
Pg. ~
/
Iljustration 21
JAN 2 ? 1999
39
~._ ~.?
2.8.3.7.4. Natural and manmade bodies of water including wet and dry retention areas
(exceeding twelve (12)feet in width).
The shape of a manmade body of water, including wet and dry. retention
areas, shall be designed to appear natural by having off-sets in the edge
alignment that are a minimum often feet and spaced 50 feet apart. All bodies
of water, including wet and dry_ retention areas, exceeding 20,000 square feet
in area, and which are located adjacent to a public fight-of-way, shall be
inoo~por~-~ incom_orate into the overall design of the project in at least c::e
tWo (2) of the following ,,va-ys items: (see Iljustration 22 below).
IHustration 22
JAN ~, 7 1999
40
1. ~ A five-foot wide walkway with trees an average of 50 feet
on center and shaded benches a minimum of six feet in length or
picnic tables with one located every 150 feet.
2. t>-rovide-a A public access pier with covered structure and seating.
3. ~ An intermittent shaded plaza/courtyard, a minimum of 200
square feet in area, with benches and/or picnic tables adjacent to the
water body.
4. A permanent fountain structure.
Sec. 2.8.4. Architectural and site design standards and guidelines for commercial
buildings and projects under 20,000 square feet in size.
2.8.4.1. Lighting.
2.8.4.1.1. Purpose and intent. Commercial buildings and projects, including their
outparcels shall be designed to provide safe, convenient, and efficient lighting
for pedestrians and vehicles. Lighting shall be designed in a consistent and
coordinated manner for the entire site. The lighting and lighting fixtures shall
be integrated and designed so as to enhance the visual impact of the project
on the community and/or should be designed to blends into the landscape.
2.8.4.1.2. Shielding standards. Lighting shall be designed so as to prevent direct glare,
light spillage and hazardous interference with automotive and pedestrian
traffic on adjacent streets and all adjacent properties.
2.8.4.1.3. Fixture height standards. Lighting fixtures shall be a minimum of 30 feet in
height within the parking lot and shall be a maximum of 15 feet in height
within non-vehicular pedestrian areas (see Iljustration 23 below).
JAN 2 7 1999
41
pg./,, ?
II \\
Iljustration 23
2.8.4.1.4. Design standards. Lighting shall be used to provide safety while accent key
architectural elements and/or to emphasize landscape features. Light fixtures
· shall be designed as an integral design element that complements the design
of the project through style, material or color {excluding florescent and
primary/secondary colors) or be designed to blend into the landscane through
the use of dark color such as bronze. Mill finish is not permitted.
2 8 4 2 r ~..I;,,, ~, ........ I.~M;~I .... ; .... , ~l;.,l ..... ,~ .4; ..... l ~C~;I;,; ....
~,~. ...... ,~ r...~,; ....... Service Function Areas (SFA/including, but not
............. .~ ............... , , _
limited to loading. storage. mechanical equipment. and solid waste disposal.
2.8.4.2.1. Purpose and intent. To diminish, in a safe manner, the visual impacts of
service functions that may distract or have a negative impaction the
streetscape, landscape and/or the overall community image.
2.8.4.2.2. Buffering and screening standards. In accordance with the provisions of
division 2.6. of this code, loading areas or docks, outdoor storage, trash
collection, mechanical equipment trash compaction. vehicular storage.
r~cycling. roof top equipment and other service ~mction areas shall be fully
screened and out of view from adjacent properties at ground view level and in.
JAN ? 1999
42
view of roadway corridors ...u~_ ~ A~.,~.~ .~ .... .~ ....e.~ ....... ~,h~ ,,
2.8.4.2.3. Materials and desi~ standards. Screenin~ mate~al ~d desi~ shah be
consistent with desi~ ~ea~ents of the p~m~ facades of the co~rcia]
building or project ~d the l~dscape ply.
2.8.4.2.3.1, Fencin~ st~d~ds: Chain ]i~ ~d wood fencin~ ~e prohibited fo~d 9f
the p~m~ facade ~d must be a m~n~mum of one hun&ed (100) feet from a
public ~t-of-way, Chain li~ ~d wood fencin~ facin~ a pub]ic fi~t-of-
way shah provide at miniram ~ i~ated hedge directly in front of the fence
on ~e side of the ~ht-of-way. P]~t mate~al shall be a m~Qimum of ~ee
~allo~ ~d plated t~ f~et o~ c~t~r at time of installation. T~s pl~f
mate~a] shah be maintained at a minimum of t~e~ qua~r the height of ~e
fencing. (See Illus~ation 6.1)
Fencin~ fo~d of th~ p~m~ facade is pe~i~ed under the fo]lowin~
conditions;
-D Fence does not exceed four feet 4 feet in height.
The fencing provides either an open view at a minimum of twenty_
five percent of its len~h or provides variation in its height for a
minimum of fifteen percent of it len~h with a deviation of at least
twelve (12) inches.
The fence style must complement the building s.tyle through material,
color and or desi_km,
2.8.4.2.4. Drive-through window standards. Drive-through windows and lanes shall be
designed to adhere to the following standards;
1. Drive-through windows shall not be placed between the right-of-way
of a primary collector or arterial roadway and the associated building,
unless the vegetation required for a Type "B" landscape buffer is
installed within the buffer width required for the project and
maintained along the entire length of the drive-through lane bdtween
the drive through lane and the adjacent right-of-way. As an altemafive
to the vegetative buffer referenced above, a permanent covered porte-
cochere type structure, other than awning/canvas type structure(s),
may be installed, extending the width of the drive-through and
covering the service window(s). Such structure shall be integrated
structurally and architecturally into the design of the buil, Ling,. No~G~.~..~
JAN 2 7 1999
43
2. Only a single drive-through lane facility is permitted '-'-n!eaa aaaacir. ted
ideal
1"' ,
2.8.4.3. Pedestrian walkways.
2.8.4.3.1. Purpose and intent. To provide safe opportunities for alternative modes of
transportation by connecting with existing and future pedestrian and bicycle
pathways within the county and to provide safe passage from the public right-
of-way to the commercial building or project, and between alternative modes
of transportation.
2.8.4.3.2. Pedestrian access standards. Pedestrian ways, linkages and paths shall be
provided from the building entry(s) to surrounding streets, external
sidewalks, and outparcels. Pedestrian ways shall be designed to provide
~-- access between parking areas and the building entrance(s) in a coordinated
and safe manner. Pedestrian ways may be incorporated within a required
landscape perimeter buffer, provided said buffer is not less than ten feet in
width on average. Shared pedestrian walkways are encouraged between
adjacent commercial projects.
2.8.4.3.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of
one for each _,,uu ....
parcel.
2.8.4.3.4. Minimum dimensions. Pedestrian walkways shah be a minimum of five feet
wide.
2.8.4.3.5. Materials. Pedestrian wallGrays shall bc consistent with the provisions of
section 4.5 of the .~u~nericans with Disabilities Act (ADA) Accessibility
Guidelines. Materials may include specialty pavers, concrete, colored
concrete or stamped pattern concrete.
~.8,4,3.d. Pedestrian crosswa/ks at bui/din~ perimeter, Building perimeter crosswalks
shah bc designed and coordinated to move people safely to and ~om
:
JAN ~ 7 1999
44
buildings and parking areas by identifying pedestrian crossings with signage
and variations in pavement materials or markings.
2.8.4.3.7. Shade pedestrian walkways shall provide intermittent shaded areas when the
walkway exceeds 100 linear feet in length at a minimum ratio of one hundred
(100) square feet of shaded area per every 100 linear feet of walkway. Shade
structures can be natural or manmade or a combination of both.
2.8.4.4. Building design.
2.8.4.4.1. Purpose and intent. To maintain and enhance the attractiveness of the
streetscape and the existing architectural design of the community. Buildings
shall have architectural features and pattems that provide visual interest from
the perspective of the pedestrian; reduce massing aesthetic; recognize local
character; and be site responsive. Facades shall be designed to reduce the
mass/scale and uniform monolithic appearance of large unadorned walls,
while providing visual interest that will be consistent with the community's
identity and character through the use of detail and scale. Articulation is
accomplished by varying the buildings mass in height and width so that it
appears to be divided into distinct massing elements and details that can be
perceived at the scale of the pedestrian (see Iljustration 24 below).
JAN 2 7 1999
45
E.L EVAT ~. O N
~.T:'~-"
~LA~ 1,30 TH~ 5
~m~.' '
lHtmtration 24
JAN 2 7 1999
46
Comer lots at an intersection of two or more arterials or major collector roads
shall be designed to emphasize their location. Buildings and structures on
comer lots shall be designed with additional architectural embellishments
such as comer towers, or other such design features, to emphasize their
location as gateways and transition points within the community.
2.8.4.4.2. Building Orientation standards. ^' ~'" .... ,4 .... c.~,~ .... ~,,,;~,~;.,.~
Building facades facing a public street between 5,000 square feet and 19,999
square feet in gross building area shall have two of the following:
1. Windows at a minimum of 33% of the effected fa.cade,
2_. Covered public entry_ with a minimum of 20% of the wall space
devoted to windows.
3. Covered walkway (excluding canvas type) unless provided with six
(6) inch columns or better attached to the buildin~ at a minimum
six (6) feet wide with a fifty (50) percent minimum coverage for the
affected facade.
buildings less th~ 5,000 squ~e feet in ~ea, Facades facing a public s~eet
shah have one (1) of the following;
1. Windows at a minimum of 25% of the effected fagade.
2. Covered public entry. with a minimum of 20% of the wall space
devoted to windows.
2.8.4.4.3. Facade/wall height transition. New developments that are located within 300
feet of an existing building, and are more than twice the height of any
existing building within 300 feet shall provide transitional massing elements
to transition between the existing buildings of lower height x~ithin 300 feet,
and the proposed development. The transitional massing element canbe no
more than 100 percent taller than the average height of the adjacent buildi.ngs
(see Iljustration 25 below).
JAN g 7 ~999
47
I p(]. .t~
~P"f'LISE oF 5T~.~
NEj4i B ~ 0F NF_kJ ~oTRLtC'T~RE,
Do
HOT THE
Iljustration 25
2.8.4.4.4. Facade standards. All primary facades of a building shall be designed with
consistent architectural style and detail and trim features. Facades attached to
a primary_ fa.cade shall incom_orate features of the primary_ fa.cade for a
minimum of 33 percent of the overall wall length measured from the attached
primary_ facade. In the case of outparcel buildings, all exterior facades shall
adhere to the requirements of this division with respect to architectural design
treatments for primary facades.
2.8.4.4.5.Massing standards. Exterior facades shall be designed to employ the
following design treatments: ~
(1) No horizontal length, or uninterrupted curve, of the ground floor of
any primary facade, for buildings between 10,000 and 19,999 square
feet in gross building area, shall exceed 50 feet, with the maximum
being 80 feet for arcades, projections and recesses shall have a
minimum depth of two (2) feet and a minimum total width oftwen_ty
percent of the facade 5'-'-t with varied lengths are desirable. For
buildings under 10,000 square feet, no horizontal length, or
J A N g 7 1999
48
uninterrupted curve, of any primary facade shall exceed 35 feet, with
the maximum being 60 feet for arcades, projections and recesses shall
have a minimum depth of one (1) foot and a minimum total width of
twenty_ percent of the fa,cade b~t with varied lengths, ~
' ~"'J"""" ...... ""~'~ """'~""""""" ~""' ...... "~ .......... """" """'1-""-* ""'~ ~'~*' ..........
and a minim"_m width ~f2~ inehea. All buildings shall provide a
minimum of one offset per public street or navigable waterway.
(2) For buildings between 5,000 10.000 square feet and 19,999 square
feet in gross building area, exterior wall planes shall not constitute
more than 50 percent of each affected ground floor facade over 30
feet. The wall plane shall be measured at one foot off the exterior wall
surface on each side of the wall.
(3) Primary facades on the ground floor for buildings between 5,000
square feet and 19,999 square feet in gross building area shall have
arcades a minimum of six feet clear in width, display windows, entry
areas, or other such features along no less than 33 percent of the
horizontal length for each primary facade. Awnings are ~
included in this calculation at 1.5 times the window width m,,tess
when associated with windows/doors in increments less than ten feet.
2.8.4.4.5.1. Window standards.' Windows shall not be fake or applied.
2.8.4.4.5.2. ,4Wning Standards.' (Applies to awnings associated and attached to a
building/structure).
Mansard Awning; (As (leftned by an awning that is more than 90% of a
facade or One that connects two facades) shall adhere to all roof standards in
section 2.8 of the L.D.C, (See Iljustration 8.1)
Other Awnings: (As defined by 90% unless other than a fagade and which
does not provide a connection between facades) shall adhere to the following
standards;
/
a) Awning may be backlighted provided illuminated portion of a. wning
with _m'aphics does not exceed sign code. size limitation and
standards.
b) Awnings In Automobile Sales Parking Lots: Shade awnings shade
may be erected in automobile sales parking lots subject to the
following requirements 0rid standards:
,I~N 2 7 1999
49
1 ) NO Shade awning structure shall be constructed within
seventy-five (75) feet of any public or private street.
2) No one shade awning structure may exceed an area sufficient
to provide cover for more than twenty (20) automobiles.
The minimum separation between awning shade structures
shall be one hundred (100) feet.
4) Multi-colored shade awning structures are prohibited and the
use of black. _m'ay. florescent and primary.. secondary_ colors are
prohibited. Earth tone colors are encouraged.
2.8.4.4.5.3. Overhead doors: Overhead doors facing into one another may be treated as
interior space provide that the buildings meet all other requirements of
section 2.8 of the LDC. (See Iljustration 6.2)
2.8.4.4.6. Project standards. Both single and multi-use buildings and projects shall also
be required to provide a minimum of t-hr-oo four of the following building
design treatments (see Iljustration 26 below).
(a) Canopies or porticos, integrated with the building's massing and style;
(b) Overhangs. (minimum of three feet);
(c) Arcades, a minimum of six feet clear in width;
(d) Sculptured artwork;
(e) Raised comice p~."-~eta c, ver dac, ra or building banding with a
minimum of two reliefs;
(f) Peaked roof forms;
(g) Arches; ~
(h) Display windows;
(i) Ornamental and structural architectural details, other than cornices;
which are integrated into the building structure and overall design;
(j) Clock o~: bell towers or Other such roof treatment (i.e. dormers.
belvederes. cupolas); or, ,~oerN~.,~'rEM
JAN 2 7 1999
5O
Pcl. ./'/o~p'
(k) Any other treatment which, in the opinion of the planning services
director, meets the intent of this section;
Projected entry,,
IXt) Emphasized building base (minimum of three feet high arid rninimllm
projection from the wall of two inches),
11) Additional roof articulation above the minimum standards.
and one of the following site design elements;
(a) Decorative landscape planters or planting areas, a minimum of five
feet wide, and areas for shaded seating consisting of a minimum of
100 square feet;
(b) Integration of specialty pavers, or stamped concrete along the
buildings walkway. Said treatment shall constitute a minimum of 60
percent of walkway area; or,
(c) Water element(s), a minimum of 150 square feet in area;
Provide two accent or specimen trees (above the minimum landscane
code) along the front fa.cade with a minimum height of eighteen fe~t
JAN 2 7 1999
51
Iljustration 27
2,8.4.4.7. Detail features.
2.8.4,4.7.1. Purpose and intent. The design elements in the following standards shall be
integral parts of the building's exterior facade and shall be integrated into the
overall architectural style, These elements shall not consist solely of applied
graphics, or paint.
2.8.4.4.7.2. Blank wall areas. Blank wall areas shall not exceed ten feet in the veflical.
direction nor 20 feet in the horizontal direction of
facade. For facades connected to a primary_ fa.cade this shall apply to a
rpinimum of thirty_ three percent of the attached fa.cade and measured for the
connection (Gcontrol and expansion joints within this area shall constitute
blank wall area unless used as a decorative pattern and spaced at intervals of
six feet or less. Relief and reveal work depth must be a minimum of one-half
J A N 2. 7 1999
52
Po. ~ --
inch (see Iljustration 27 below). Blank wall area may utilize landscaping to
assist in reducing the blank wall area, but shall not be in lieu of architectural
treatment. (See Iljustration 12.1)
2.8.4.4.7.3. Repeating facade treatments. Building facades shall include a repeating
pattern and shall include no less than ~::c, three (3) of the ~ elements
listed below. At least one of these ~lesi_ma elements shall repeat horizontally.
All ll.e, tigll elements shall repeat at intervals of no more than 25 feet, eith~
horizontally o~ and a maximum of fifteen (15) feet vertically.
1. Color change;
2. Texture change;
3. Material module change;
4. Expression of architectural or structural bays, through a change in
plane of no less than 12 inches in width, such as a reveal, an offset, or
a projecting rib (see Iljustration 28 below.):
/
Iljustration 28
5. Architectural banding;
6. Building setbacks or projections, a minimum of three feet in width, on
upper level(s); or,
7. Pattern change.
JAN ~ 7 {999
53
2.8.4.4.8. Outparcels.
2.8.4.4.8.1. Purpose and intent. To provide unified architectural design and site planning
between outparcels and the main structure on site in order to enhance the
visual experience for the vehicular and pedestrian public, and to provide for
safe and convenient vehicular and pedestrian access and movement within the
site.
2.8.4.4.8.2. Outparcel design. All exterior facades of an outparcel building shall be
considered primary facades and shall employ architectural, site, and
landscaping design elements which are integrated with and common to those
used on the primary structure on site. These common design elements shall
include colors and materials associated with the main structure. When the use
of common wall, side by side development occurs, continuity of facades and
consolidated parking for several businesses on one parking lot may be used.
Outparcels that are adjacent to each other are encouraged provide for
vehicular connection between parking lots and provide for pedestrian
interconnection. Outparcels shall be designed and integrated with the main
project.
2.8.4.4.9. Roof treatments.
2.8.4.4.9.1. Purpose and intent. Variations in roof lines shall be used to add interest to,
and reduce the massing of buildings. Roof features shall be in scale with the
· building's mass and complement the character of adjoining and/or adjacent
buildings and neighborhoods. Roofing material should be constructed of
durable high quality material in order to enhance the appearance and
attractiveness of the community. The following standards identify appropriate
roof treatments and features.
2.8.4.4.9.2. Roof edge andparapet treatment. At a minimum of two locations, the roof
edge and/or parapet shall have a vertical change from the dominant roof
condition, a minimum oft-hr-~ two (2) feet. At least one such change shall be
located on a primary facade adjacent to a collector or arterial right-of-way
(see Iljustration 29 below). ~
JAN ~, 7 1999
54
I,,1ol' THt6
Iljustration 29
2.8.4.4.9.3. Roofs shall meet ~ the following requirements:
(1) parapets shall be used to conceal roof top equipment and flat roofs;
(2) Where overhanging caves are used, overhangs shall be no less than
~ ~ feet beyond the supporting walls, v,,ith a mir2m'am fn~cia'
1
~'v w' "mi ini m f ' h ' h n r. h
Soffit at the wall
JAN 2 7 1999
(3) Facia shall be a minimum of eight inches.
HULTI-PL~E
LIOT TRI~
lljustratioa 30
1999
2.8.4.4.9.4. Prohibited roof types and materials. The following types of materials are
prohibited:
(1) Asphalt shingles, except laminated, 320 pound, 30 year architectural
grade asphalt shingles or better;
(2) Mansard roofs and canopies without a minimum vertical distance of
six feet and at an angle not less than 25 degrees, and not greater than
70 degrees;
(3) Roofs utilizing less than or equal to a two to 12 pitch unless utilizing
full parapet coverage; and
(4) Back-lit awnings used as a mansard or canopy roof.
2.8.4.4.10. Entryways/customer entrance treatments.
2.8.4.4.10.1. Purpose and intent. Entryway design elements and variations are intended to
give protection from the sun and adverse weather conditions. These elements
are to be integrated into a comprehensive design style for the project.
2.8.4.4.10.2. Entryways/customer entrance standards. These standards identify appropriate
entry features.
2.8.4.4.10.2.1. Single use buildings. Single occupancy use buildings between 10,000 square
feet and 19,999 square feet in area shall have clearly defined, highly visible
customer entrances which shall include the following:
(a) An outdoor patio area adjacent to the customer entrance, a minimum
of 50 square feet in area and which incorporates two of the following:
(1) Benches or other seating components;
(2) A provision for intermittent shaded outdoor c~mmunity space
at a minimum of one percent of the total gross floor area of the
building or commercial project. Said community space shall
be located off or adjacent to the circulation path.of the
complex or main structure and shall incorporate benches or
other seating components.
f,h) Front entry shall be set back from the drive a minimum of fifteen (15)
feet,
JAN 2 7 1999
57
2.8.4.4.11. Miscellaneous structures.
2.8.4.4.11.1. Outside play structures. Outside play structures shall not exceed 50 percent
of coverage along the affected facade. No portion of any play structure
located between the front building line and any adjacent right-of-way shall
exceed a height of 12 feet as measured from existing ground elevation. In all
other cases, no portion of any play structure shall exceed a maximum height
of 16 feet as measured from existing ground elevation. Play structures shall
be limited to earthtone colors, with a maximum of three color variations.
2.8.4.5. Materials and color.
2.8.4.5.1. Purpose and intent. Exterior building colors and materials contribute
significantly to the visual impact of a building on the community. They shall
be well-designed and integrated into a comprehensive design style for the
project.
2.8.4.5.2. Exterior building materials standards.
2.8.4.5.2.1. Predominant exterior building materials shall include, but are not limited to:
(1) Stucco;
(2) Brick;
(3) Tinted, textured, other than smooth or ribbed, concrete masonry units;
or
(4) Stone, excluding an ashlar or rubble construction look.
2.8.4.5.2.2. Predominant exterior building material that are prohibited include:
(1) Plastic sidingl, unless associated with Florida cracker style and
utilizes trim with a minimum of six (6) inches for its length:
(2) Corrugated or reflective metal panels;
(3) Tile;
(4) Smooth or fib faced concrete block; and
/~- (5) Applied stone in an ashlar or rubble look.
JAN E 7 1999
58
2,8.4.5.2.3. Automotive and other special _type service buildings may utilize prefabricated
metal buildings under the following conditions.
(1) Metal buildings are more than two hundred and fiftY_ fe~t from any
(2) Metal buildings are located directly behind the main showroom/sales
center so as not to be a dominant facade along th~ street;
(3) No more than twenty_ (20) percent of the building can be beyond th~
main auto sal~s center and showroom,
2.8.4.5.2.3. Predominant exterior color(s).
2.8.4.5.2.3.1. The use ofblack._gI&V_~ or ~uorescent or primary/secondary colors is
prohibited as the predominant exterior building or roof color(s). Earthtone
colors are encouraged,
2.8.4.5.2.4. Building trim color(s).
2.8.4.5.2.4.1. Building trim and accent areas may feature any color(s), limited to ten
percent of the affected facade segment, with a maximum trim height of 24
inches total for its shortest distance.
2.8.4.5.2.4.2. Neon or neon type tubing shall be permitted provided for in sections 2.5.6.21.
and 2.5.6.22. of this code. An approved lighting plan consistent with the
provisions of section 2.5.8.1.5.2. of this code shall be provided.
2.8.4.6. Signage. The provisions of section 2.8.3.6. shall also apply to commercial
buildings and projects with less than 20,000 square feet of building area.
2.8.4.7. Natural and manmade bodies of water (including retention areas
twelve (12)feet in width).
2.8.4.7.1. The shape of a manmade body of water, including wet ancl dry retention
areas, shall be designed to appear natural by having off-sets in the edge
alignment that are a minimum often feet and spaced 50 feet apart. Natural
and manmade bodies of water, including wet and dry_ retention areas,
exceeding 20,000 square feet in area, and which are located adjacent to a
public fight-of-way, shall be ~ incorporate into the overall design
of the project i~ at least ono two (2) of the following ~a-ys items: (see
Iljustration 31 below):
JAN 2 7 1999
59
iDO +
~j O 112D
D+ ~- . I I I I i , ,
IHustration 31
1. Providing a minimum of five-foot wide walkway with trees an
average of 50 feet on center and shaded minimum of six-foot long
benches or picnic tables every 150 linear feet.
2. Providing a public access pier with covered structure and seating.
3. Providing a plaza/courtyard, 200 square feet minimum, with shaded
benches and/or picnic tables adjacent to the water body.
4. Permanent fountain structure.
2.8.JMcH 2~D/md
JAN g 7 1999
60
ORIGIN: Community Development & Environmental Services
AUTHOR: Wayne Bryant
DEPARTMENT: Planning Services
LDC PAGE: 3:35, 3.36
LDC SECTION: 3.2.8.4.8.
CHANGE: To amend Section 3.2.8.4.8. for the purpose of revising the entity establish the base
standards for fire prevention from National Fire Underwriters to Fire Suppression Rating
Schedule of the Insurance Services Office.
REASON: To change reference from national Fire Underwriters to Fire Suppression Rating
Schedule of the Insurance Services Office: 150 evaluates commtmities (among other things) for
fire risk and fire protection capabilities and readiness; therefore, their standards rightfully should
be the ones we implement for the County. Property insurance premiums are determined by their
rating system.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Subsection 3.2.8.4.8. as follows:
3.2.8.4.8. Fire hydrants. All hydrants shall be connected to water systems having
sufficient storage or emergency pumping facilities to provide for the
minimum fire flows to be maintained for at least hour hours or the current
recommendation of the t,t~;~_,t ~:;,~ t t,,,4 .... ;,4~,~ Fire Sunnression
Rating of the Insurance Services Office, whichever is greater. Hydrants
shall be placed on common lot lines within the approved fight-of-way
unless greater otherwise approved by the development services director
pursuant to section 3.2.7.2.
Hydrants shall be installed and placed in a manner complying with the
requirements set forth in the latest edition of NFPA No. 24 entitled
"Standard for the Installation of Private Fire Service Mains and Their
Appurtenances," published by the National Fire Protection Association.
Hydrants to be installed within subdivided lots for fire protection Dumoses -. _
shall be evaluated during the site development plan reviewi p/oc~G~
required in division 3.3. Those installations shall be in comtliance with
, ' . , JAN 2 7 1999
1 ~ PCl. ~
the standards set forth in the latest edition of NFPA 1141 entitled
"Standard for Fire Protection in Planned Building Grcunds GroupS."
1. Residential land development. In one and two-family atc~ land
developments with not more than ten dwelling units per acre, fire
hydrants shall be spaced not greater than 500 feet apart and not
more than 250 feet from the center of any lot in the subdivision and
shall be connected to mains no less than six inches in diameter.
The system shall provide capacity for fire flows of at least 500
gallons per minute or greater, as required by the Fire Suppression
Rating Schedule of the Insurance Services Office, in addition to
maximum day domestic requirements at residual pressures of not
less than 20 pounds per square inch unless otherwise required by
the applicable fire code.
2. Commercial, industrial, ---,,";-*~-, and multifamily developments.
Fire hydrants located in these areas shall be connected to water
mains no less than eight inches in diameter. In no case shall the
spacing of hydrants be greater than 500 feet apart and not more
than 250 feet from the center of any lot in the subdivision.
Hydrant spacing and size shall be capable of providing water flows
--- adequate to meet the requirements of the Fire Suppression Rating
Schedule of the Insurance Services Office.
A~cci~t~en. In no case shall the flow be less than 750 gallons per
minute with the residual pressure of 20 pounds per square inch at
the most remote point of discharge.
3.2.8.4.8. LDC AMENDMENT/WB/md/H:LDC CYCLE 2 - 1998
JAN g 7 1999
2
pg.
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian, AICP
DEPARTMENT: Planning Services
LDC PAGES: LDC 3:65 through LDC 3:77
LDC DIVISION: 3.3.
CHANGE: Repeal of Division 3.3. as it exists and approval of replacement language.
REASON: This new code is intended to streamline the process of SDP review and approval. This
amendment is intended to satisfy the concerns the development community and the Development
Services Advisory Committee had with the confusion processes and terminologies used under the
old Code. The revised Code will do away with types of SDPs that are outdated and no-longer used
for the review of new projects. This Code will provide only one type of SDP. For large projects
requiring preliminary or conceptual approval for financing or other purposes this Code will provide
for a conceptual review and approval.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Division 3.3. as follows:
See. 3.3.1. Title and eltatica.
............ ......... :.
N
J~N 2 7 1999
1
JAN g 7 1999
2
JAN 2 7 1999
3
JAN 2 ? 1999
4
All p~ldng ....... A A~ ....
a ,,_;n.a ~;__ _,._ r~-ulr~d Divisicn 2.g.
....... +.+; ..... A, +~ ..... shall b:come ccnditionc
JAN g 7 1999
,5
~____~,,-1 ..~;__. ~'T T
the find ~tc dcvclcFmcnt
JAN 2 ? 1999
pq. ~'(;
~cc di;'icicn 2.~,
~ , A./~,~I.UAAA~ A~./~I.A~AA~I UI. AAA~JtI. IJA~AAtj'
· ~AVV~ UV~AV~AVAA ~A~ AIAA~A~ · VAAAVAA~, AAAVI~UIAA~ ~/~AAAV ~AAAII~A~ ~V T AVW~,
!c lions &minag n ...... A
fi
14. Exis ng ~_ ~,~ ..............
e. ~ p ........ :~
f. S-acin- cf each t'~c ~e _,
dc-icted cn +~ '""~
Y
d th
d. Provisions for site ;~_.+;,_
imprcvcmcnt FInns and ccnctructicn dccumcnts
JAN 2 7 1999
7
vic~=~t .....
3. Lmprcvamcnt: fcr madway, ~af~c circU!aticn, in~e~ ~d a~c~=, ~',dng ~d athar
dining v . ~ ..........v .......~ .........., ~-~v
'
5. All na~aa~aS' ~tan ~ .... y .................................................... ~ ..............
facilities, as ~ ~a ......., ....................... ~
a. Existing c,.. ........~ ......+ ..........A.~; ....A;,~, ~., .......
........... ~ v ................... ~ ........ s"caal
~. F ·
............. :'0 ~- ppll .... n"'
3.3.~.~.6. Permits. All ........ : r ..........a ~:tlons requiring ....
.......... v .............................regulation water ,_A
.... so~vor
a~-!icaticn.
ccns~acficn
p ·
~ m..,; ..... ;+ _;,, + ............ + cf~" blastin ......
JAN g ? 1999
8
I q' "it"'1., .... 1;~._+ ~1~11 ,.,,.1..~.:+ ,,,;A .... +k,+ ,11 ......... 1,_A A ....
os~vv s~a o~a vs~ as-.. avssaaassua~ _, s~as~ ,.,avs, ssuo ssa~ __,.,s~sisass,.v ,~,., ova ,s~
3.3.~.7. e:,. : ..........,., .....~._:.., ...~ ....:_.. A 4+.: .......... + _,..
pep= cd 24 ! ch by ~': ;,.k ok.,.+ a ......+ ....,......: o..+,_.. r,,.+k +k,, fcl!cwing
: O. Lcc~r:cn c~ ,*r,~sh cnc'.cnurcs.
,-,---. --.- --- -- · ---,-------
N ,
JhN 2 7 1999
dcvclcp~cnt ~r +k ........... ;,k rcgcrd '~ "~ ......... ft.., ~_ +,~ _,: ....... r cdjcccn: and
.... k.. prCpC~jC~ ...... " .......... :,k;_ ,k ........ A A .... , ..... , ..A ,k...,.+:~_~k;_ +.
~hC dc~ clOp~e~t ;"+ .... , :._a ........... ,: ....... ,:k;U. .... :+k .A: .... + ,..a
~.,. ,~..:.~__ ~ c end c~=]I nct ~c rcvlcwcd ~nd cpprcvcd =~ pc~ of thc cjtc
/n.A xt~ n~ oo ~ ~. n.A xt~ n~ ~, ~ ~. n.A xt~ n~ ~ ~ ~ u ,n 30 95)
..................................... R ............... s .................. No.
JAN 2 7 1999
10
........ J g_.l 0;+~ A .... 1 ..... + _1.. X/;~I.,;~. ~f+k~ +~ ;A~_+;~A ;. +~ ~pp~O%'e~ g_~l
~evelc"mcnt -!~ s~a!l constipate a v!c!aticn of this code.
JAN 2 7 1999
DIVISION 3.3. SITE DEVELOPMENT AND SITE IMPROVEMENT PLANS
$¢c, 3.3.1. Title and citation.
This division shall be known and may be cited as the "Collier Coun_ty Site Development and Site
Improvement Plan Code."
$¢C, 3.3.2. Purpose.
The intent of this division is to ensure compliance with the appropriate land developrrlent
regulations prior to the issuance of a building permit. This division is further intended to ensure that
the proposed development complies with fundamental planning and design principles such as;
consistency with 1;he County's Growth Management Plan; the layout, arrangement of btlildings.
architectural design and open spaces: the configuration of the traffic circulation system. including
driveways, 1;raffle citlming devices, parking areas and emergency access: the availability and
ca_nacity of drainage and utility_ facilities: and. overall compatibility with adjacent development
within the jurisdiction of Collier County and consideration of natural resources and proposed
impacts thereon.
Sec, 3.3.3. Applicability_.
"' All development except as otherwise provided is subject to the provisions of this division. The
provisions of this division shall not apply to the following land use activities and represent the sole
exceptions therefrom:
1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as
otherwise provided at section 2.6.27 (cjuster development).
2) Underground construction: utilities. communications and similar under~ound construction
type activities.
3) Accessory. and ancillary_ facilities for ~ golf course such as restrooms. irrigation systems.
pumphouses where a preliminary. work authorization has been entered into with the County_,
4) Construction trailers and storage of equipment and materials following issuance of a
building permit for the use for which said activities are a function of- except as otherwise
provided at section 2.6.33.
5) Model homes and sales centers, except as otherwise provided at section 2.6.33,
6) Project en_tryway signs. walls. gates lind guardhouses. ~
While the above land use activities shall be exempt from the provisions of division 3.3, these land
use activities are subject to all other provisions of the Land Development Code such as but llot
limited to landscaping. tree removal. development standards and the submission requirements
attendant to obtaining a temporary. use permit and building permits,
See. 3.3.4. Exemptions.
Due to its location or minimal impact on surrounding properties and probable minimal impacts
,--- under the site development plan review standard contained in section 3.3.5.. standard ap~lication
,J~.N Z 7 ~{999
12
requirements as described in section 3.3.6. may be waived in part or in full bv the Planning Services
Director for a_m'iculturally related development as identified in the permitteCl and acceSSOry_ uses in
the Rural A_m'icultural Zoning District: however. a Site Improvement Plan per Section 3,3.8.
addressing the application requirements deemed necessary_ by the Planning ~ervices Director shall
be submitted to Planning Department for review and approval.
SECTION 3.3,5,-Site Development and Site Improvement Plan standards,
The Planning Services Director or his desi_maee Shall review and consider all site improvement and
site development plans. For the following documents and criteria:
3.3.5.1. Statements regarding ownership and control of the property_ and the development as
well as sufficiency of conditions regarding ownership and control. use and
permanent maintenance of common open space. common facilities,
conservation/preservation areas. or common lands to ensure preservation of such
lands and facilities will not become a future liability_ of the county.
3.3.5.2. Development compliance with all appropriate zoning regulations.
The in_m'ess and egress to the proposed development and its proposed improvements.
vehicular and pedestrian safety_. separation of vehicular traffic from pedestrian and
other traffic. traffic flow and control. traffic calming deviceS, provision of services .
and servicing of utilities and refuse collection. and access in case of fire, catastrophe
Or other ~mergency.
3.3,5.3. The location and relationship of parking and loading facilities to thoroughfares and
internal traffic pattems within the proposed development. considering vehicular and
pedestrian safety_. traffic flow and control. access in case of fire or catastrophe, and
screening and landscaping.
3.3,~.4. Adequacy of r~creation facilities and open spaces considering the size. location. and
development of thes~ areas. Effect on the privacy of adjacent and nearby properties
as well as uses within the proposed development. and the relationship to community_-
wide open spaces and recreation facilities.
3.3.5.5. Adequacy of the proposed landSCape screens and buffers considering preserv~l;ion Of
the development's internal land uses as well as compatibility. with adjacent land uses.
3.3,5.6. Water management master plan for the property, considering its effect on adjacent
and nearby properties and the consequences of such water management master plan
on overall county capacities. Water management areas shall be required to be
maintained in perpetuity according to the approved plans. Water management areas
not maintained after construction final approval Shall be corrected according 19
approved plans within 30 days of receipt of a written notice of violation from Code
Enforcement. The engineer of record, prior to final acceptance. shall provide
documentation fronl the stOrmwater maintenance enti.ty: indicating that said entity
has been provided information on how the stormwater systems functions and
indicating responsibility_ for maintenance of the system.
3.3.5.7. Adequacy of utility service. considering hook-in location and availability and
capacity for the uses projected.
JAN 2 7 1999
13
3.3.5.8. Such other standards as may be imposed by this code. the ~owth management plan
or other applicable regulations for the particular use or activity propostal.
3.3.5.9. Signage proposed for the project shall be in conformity with Collier County Sign
Code. division 2.5. and a Unified Sign Permit shall be a.nplied for with the submittal
packet for the Site Development or Site Improvement Plan,
3.3.5.10. Architectural design of the building for all commercial developments located in any
Commercial zoning District.
3.3.6. Conceptual Site Development Plan review and approval:
At the request of the applicant and subject' to the applicable fee set forth in the schedule of fees.
Planning Services will complete a conceptual review and issue a written summary. of issues of
concern and conceptual approval. This conceptual approval shall not mean that the project hzq
received final approval. it shall only indicate that the project is in substantial compliance with the
requirements of the LDC and may be approved subject to further review, changes and
modifications.
Sec. 3.3.7. Site development plan review (SDP) procedures.
A pre-application meeting shall be conducted by the Planning Services Director prior to the
submission of any Site Development or Site Improvement Plan for review. This meeting may lpe
waived by the Planning Services Director at the written request of the applicant.
3.3.7.1. Site developmentplan submittalpacket: The site development submittal packet
shall include the following. if applicable:
3.3.7.1.1 Ownership: A copy of the deed. contract for sale or agreement for sale or a notarized
statement of ownership clearly demonstrating ownership and control of the subject
lot or parcel of land,
3.3.7.2.2. Site development plan. A site development plan prepared on a sheet measuring 24
inches by 36 inches drawn to engineer's scale and setting forth the following
information when applicable:
1. The project title and the name. address and phone number of the
firm or agent preparing the plans and the nilme, address and
telephone number of the property owner,
2. Zoning designation and land uses on the subject and adjacent properties.
3. North arrow. scale and date,
4. Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community.
5. A narrative statement on the plan identifying provisions of ownership and
maintenance of all common areas. open space. private streets and easements.
6. A site summary in chart form which shall include the following:
a. Total site acrea~,e.
b. Total square footage of impervious area (including all parking areas.
drive-aisles. and internal streets) and its percentage of the total sit~ area.
JAN 2 7 1999
14
Pa.
c. Total square footage of landscape areaSopen space and its percentage of the
total site area.
d. For residential projects. total number of units. units per acre. and a unit
breakdown by square footage and number of bedrooms.
e. For nonresidential projects. total building footage. and a square fOOtage
breakdown by use (,i.e.. office. retail. storage. etc.) and its percentage of the
total building.
f. All required and provided setbacks and separation between buildings and
structures in matrix form.
7. A parking summary_ in matrix form which shall include;
a. Type of use.
b. Total square footage per use,
C. Required parking ratio.
d. Number of spaces required per use.
e. Number of spaces provided per use,
f. Total number of required and provided spaces including regular.
handicapped and reserve~t spaces.
8, The following information ml~st be included in the SDP packet:
a. Information on the Standard Building Code. _t~.e of construction. number
of stories. total square footage under roof. occupancy/use and fire sprinkler
intentions of all proposed structures so that a Needed Fire Flow may be
determined. NFPA 1141.
b. A fire hydrant flow test report from the fire district for the ClOsest
hydrant(s) to the project so that the Available Fire Flow may be
determineCl, NFPA 1141,
9. Iljustrative information accurately depicteel on the site development plan shall be
as follows unless waived at the pre-application meeting;
a. A boundary. survey. prepared by a professional sm'veyor showing the
location and dimensions of all property lines. existing streets or ro~tds.
easements. rights-of-way. and areas dedicated to the public.
b. Name. ali_munent and existingproposed right-of-way of all streeB which
border the development (including raised islands. striping. right/left tum
lanes. median cuts and nearby intersections), the location of all existing
driveways or access points on the opposite sides of all streets which border
the development, and the location of all traffic calming devices.
c. Location and configuration of all development in_m'ess and egress points.
d. Location and arrangement of all proposed buildings (including existing
buildings that are to remain).
e. Location and configuration of all p~rking and loading areas.
f. Name. ali_m-trnent and existinWproposed right-of-way of all internal streets
and alleys,
g. Directional movement of internal vehicular traffic and its separation from
pedestrian traffic.
JAN ~, 7 1999
15
h. Location and configuration of recreational facilities (including related
buildings. golf course areas. tennis courts. pools. etc.).
i. Location and general configuration of all water and drainage
retention/detention areas as well as all existing and proposed easements.
and water and sewer lines intended to serve the development.
j, Location and general configuration of such natural f~atur~ as
preservation/conservation areas, water bodies, and wetlands.
k. Location of emergency access lanes. fire hydrants and fire lanes.
1. Location of all handicapped parking spaces.
rn. Location of trash enclosures.
n. Location and heights of proposed wails or fences.
o, Accurate dimensions which include th~ following: (1) All building setbacks.
(2) Distance between buildings and accessory_ structUr~.
(3) Width of all intemal streets.
(4) All parking areas and drive-aisles.
(5) Landscape areas adjacent to all vehicular driv~, interior property_
lines and all parking areas.
p, Any additional relevant information as may be required by the Planning
Services Director.
10, For projects subject to the provisions of Division 2.8.. five sets of
architectural drawings. si_maed and sealed by a licensed architect. registered
in the State of Florida.
a. scaled elevation 'for all sides of the building:
b. scaled wall section from top of roof to ~ade depicting t_vpical
elevation with details and materials noted. and rendered to show materials
and color scheme with paint chips and roof color samples;
c. site sections showing relationship to adjacent structures: and
d. a unified sign plan as required Division 2.8.
Representations made thereon shall become conditions of approval. Architectural drawings
submitted in conjunction with a building permit shall be consistent with the architectural drawing
submitted and approved for the SDP or SIP.
3.3.7.2.3.- Landscapingplan.. A landscape plan which shall contain the following: ~
1. Landscape summa.rv Landscape summary_ in matrix form which shall include;
a. Graphic s_vrnbol to indicate each t.vp¢ Of plant material.
b. Botanical name. (Genus allCl Specie)
c. Common name.
d. Total number of each t_vpe of plant material.
e. Height and spread of each type of plant material,
f. Spacing of each type of plant material.
JAN g 7 1999
2.Iljustrative information. Iljustrative information consisting of the following shall
be accurately depicted on the land plan:
a, The location, configuration and arrangement of all proposed buildings.
internal streets and parking areas as reflected on the site plan.
b, The location and dimelasionS of all proposed landscaped areas with
appropriate ~aphic s_vmbols including existing trees that are being
credited toward the development's landscaping.
c. Location and configuration of all special or textured paving areas,
d, Provisions for site irrigation,
e. Any additional relevant information as may be required by the
Plannin~ Services Director.
3.3.7.2.4. Vegetation invento .rv:
A generalized vegetation inventory_ of the property shall be required to the extent necessary, as
determined by the pre-application meeting. indicating the approximate location. densities and
species of the following:
1,Upland, wetland and estuarine vegetation including exotic vegetation prohibited
by division 3.9. mapped using FLUCCS terminology.
2,AnY t_vp_e vegetation identified for preservation.
3. Projects containing the following shall provide a survey identifying species and
locations on a current aerial photograph (one inch equals 200 feet or larger scale)
or be superimposed on the site plan;
a. Plants specified in an applicable PUD or petitioner's ageement to remain
in place or to be transplanted to other locations on the property.
b. Specimen trees desi~ated by the board of county commissioners. pursuant
to section 3.9.6,7,
c. State or federal rare. threatened or endangered plant species surveyed
according to accepted Florida game and freshwater fish commission or
U.S. Fish and Wildlife methods.
d. Existing trees that may be credited toward the development's landscaping.
4. For proposed site alteration(s) within the coastal zone as depicted on the
future land use map. in addition to the foregoing requirements. the
vegetation inventory_ shall depict the categories of impact in accordance
with SectiOn 3,12,5,1,
3.3.7.2.5. Aerialphoto. A recent aerial photo shall be provided at the same scale as the plan
delineating the development boundaries. unless waived at the pre-application -
meeting.
3.3.7.2.6. Densi.tv bonus. In the event a residential or commercial bonus is requested. as
provided for in the Growth Management Plan. a certified survey that clearly
iljustrates the location and relationship of the development to the appropriate activity_
center and the related activity band shall be required.
33.7.2.7. Buildingplans. Plans showing proposed building footprints. spatial relationship to
one another when there are multiple buildin~,s and buildin~ heights.
JAN g 7 1999
17
3.3.7.2.8~ Soil erosion and sediment controlplan. A soil erosion and sediment control plan
pursuant to division 3.7.
3.3.7.2.9, Infrastructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance with the
design standards of division 3.2 and any current county ordinances. regulations.
policies and procedures which consists of. but are not limited to. the following items:
1, A cover sheet setting forth the development name, applicant name.
name of engineering tinn. and vicinity map.
2. Improvements for water and sewer service as needed or as may have
been specified during a preliminary. site development plan review
prepared in conformance with Collier County Ordinance No. 97-17 as
amended.
3, Improvements for roadway. motor vehicle and non-motorize(t
circulation. in_m'ess and e_m'ess. parking and other transportation needs.
including traffic calming devices. required or as may have been
specified during the preliminary_ site development plan review.
prepared in C0nformance with section 3.2.8.4 subdivision desi_en
requirements (for purposes of this requirement. all references in section
3,2,8,4 tO "SUbdivisiOn" should be read to mean development. where
applicable and appropriate).
4. Non-motofized circulation is defined as movement by persons on foot.
bicycle or other human-powered device. Non-motofized circulation is
consklered satisfactory. where sidewalks and bicycle facilities are provided in
a fashion no less comprehensive than as outlined under LDC 2.8.3.4 and
'sections 3.2.8.
5, Special attention shall be given to the needs of the disabled as prescribed by
the Americans with Disabilities Act of 1990. The absence of obstructions in
the public right of way shall be demonstrated. including provisions for safe
and convenient street crossing. Sidewalks and bike paths at intersections shall
continue to the edge of curb.
JAN 2 7 1999
18
Two curb ramps shall be provided for Sidewalks and bike paths at each street
comer of an intersection. Curb ramps shall be a minimum of 36 inches in
wiClth and shall not rise at a ratio ~eater than as outlined by the Florida
Accessibili.ty Code for Building Construction.
/
JAN 2 7 1999
19
Crosswalk~ shall be required at any intersection where the distance to the
nearest crosswalk is greater than 1000 feet.
6- Improvements for water management as needed or as may have been
specified during the preliminary_ site development plan review. prepared in
conformance with section 3.2.8.4 subdivision design requirements (for
purposes of this requirement. all references in section 3.2.8.4 to "subdivision"
sho.ld be read to mean development. where applicable and appropriate). and
pursuant to South Florida Water Management District rules/chanter 40E-4.
40E-40 and 40E-41. Florida Administrative Code.
7. All necessary_ standard and special details associated with sections 3.3.6.2.9.2.
through 3.3.6.2.9.6. above.
8, Written technical specifications for all infrastructure improvements to be
performed.
9. Engineering desi_m~ computations and reports for water. sewer, roads and
water management facilities, as required by fecteral, ~tate and local laws and
regulations.
JAN g 7 1999
20
Pa._/10
lO, Topo~aphical map of the property. which shall include the following:
Existing features. such as. watercourses. drainage ditches. lakes,
marshes.
b, Existing contours or representative ground elevations at spot locations
and minimum of 50 feet beyond property line.
¢, Benchmark locations and elevation .(NGVD).
11, Site clearing plan and method of vegetation disposal.
3.3.7.2.10. Permits, All necessary_ permits and necessary_ applications requiring county.
approval and other appurtenant permitting and construction related items including
but not limited to the following shall be submitted and approved with the Site
development plan:
1. Florida Department of Environmental Protection water and sewer facilities
construction permit application.
2. Excavation permit application.
3. FlOrida Department of Transportation utilities construction application and/or
rights-of-way construction permits.
4. Collier County Right-of-Way Permit application.
5. Blastirtg permit prior to commencement of any blasting operation.
6, South Florida Water Management District permit.
7, Interim wastewater and/or water treatment plant construction or interim septic
system and/or private well permits prior to building permit approval.
8. Any additional state and federal permits which may be required prior to
comrqencement of construction. including impacts on jurisdictional wetlands and
habitat involving protected species.
10. All other pertinent data. computations. plans. reports. and the like necessary_ for
the proper design and construction of the development submitted for
consideration.
11. All necessary. performance securities required by Collier County ordinances in
effect ~ the time of construction.
3.3.8. Site improvement plan review. Submittal of a site plan may be reviewed under the
Site Improvement Plan (SIP) review process if the development proposal meets all of
the following conditions;
3.3.8.1. The pro_iect involves a site which is currently improved with principal structures.
parking facilities. water and sewer services. and defined in~ess/e_m'ess.
3.3.8.2. The proposed use will not require an expansion of the existing impervious areas to
degree which would require engineering review or otherwise affect on-site surface
water management facilities as may be documented by waiver letters from the South
Florida Water Management District or Collier County where applicable. _,.
JAN 2 7 1999
2]
3.3.8.3. Written documentation from appropriate agencies acknowledging that water and
sewer services are available at the site and are adequate to serve the proposed use,
3.3.8.4. Site Improvement Plan submittal and review. A Site Improvement Plan (SIP) shall l>e
prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth the following
information:
1. The project title. property_ owner. address and telephone number.
2. Legal description. scale. and north arrow.
3. Zoning desi_mnation of the subject site and adjacent sites and the proposed use of
the subject site.
4. Location. configuration and dimensions of all building and lot improvemenl;~,
5. Location and configuration of parking and loading areas. and the directional
movement of intemal vehicle traffic.
6, Location and dimension of access point(s) to the site,
7. Parking summary_ in matrix form. indicating the required and provided parking
for each existing and proposed use.
8, Location and configuration of handicapped parking facilities and building
accessibility features.
9. Location. dimension and configuration of existing water management facilities.
10, Location of trash enclosures.
11. Location of existing and proposed landscaping with specifications as to size,
quantity_ and t_vpe of vegetatiorl,
12, All required and provided setbacks and separation between structures ill matrix
form.
13. Any additional relevant information as may be required by the Planning Services
Director.
See. 3.3.9. Amendments.
Ally proposed change or amendment to a previously a_nproved site Clevelopment plan
shall be subject to review and approval by the Planning ServiCes Director, Upon
submittal of a plan clearly iljustrating the proposed change. the Planning Services
director shall determine whether or not it constitutes a substantial change. Ill the
event the Planning Services Director determines the change is substantial, shall be
required to follow the review procedure as set forth for a new site dcvel0pment plan.
A substantial change shall be defined as:
3.3.9.1. Any change which substantially affects existing transportation circulation. parking or
building arrangements. drainage. landscaping. buffering. identified
preservation/conservation areas and other site development plan considerations: or
3.3.9.2. Any other change the planning services director may determine as significantly
altering the general layout, configuration and arrangement of the project,
3.3.9.3. In the event the Planning Services Director determines the change to be less than
substantial. shall not be required to follow the review procedure as set forth for a
new site development plan,
JAN 2 ? 1999
22
Sec. 3.3.10. Site development plan time limits.
Approved Site Development Plans shall remain in force for two years. If no development (itctual
construction) has commenced within two years. the site development plan shall expire, A one-year
~xtqnsion may be gTantcd for good cause shown upon written application submitted to the Planning
Services Dir~Gtor prior to expiration of the preceding approval. When extending the sitq
development plan approval. the Planning Services Director shall require the approval tO be modified
to bring the plan into compliance with any new provision of this code in effe¢~ ~tt the time of the
extension request.
Sec. 3.3.11. Violations.
No building permit or certificate of occupancy shall be issued except in complianG~ with the
approved site development plan. Violation of the terms identified in the approved $it~ ~icveloprn~nt
plan shall constitute a violation of this code.
DIVISION 3 SDP/LDC CYCLE 2 -1998/CB
JAN 2 7 1999
23
i.. po._l/,3
ORIGIN:
AUTHOR: Stan Litsinger, AICP, Principal Planner
DEPARTMENT: Planning Services,
LDC PAGE:
LDC SECTION: Division 3.15 Adequate Public Facilities
CHANGE:
REASON: The'Adequate Public facilities Ordinance (APFO) is being amended to reflect 1995
organizational changes in the Environmental Services and Community Development Division
which resulted in the combination of the Growth Management and Long Range Planning
Sections into the Comprehensive Planning Section. As a result, the position of Growth
Management Chief was eliminated and the authority delegated to that position in the APFO has
accrued to the Division Administrator. Also, other minor corrections and updates reflecting BCC
actions are included.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: The APFO will be amended at a public hearing
concurrently with the ULDC.
DIVISION 3.15 ADEQUATE PUBLIC FACILITIES*
t~_,~h~_~;,,~ 1DI~_. and
----F- --f, ........~, .....................x~--,/ ........co-era ,, east-3
,,,
JAN 2 7 1999
p,:,._//Y - .
public
LI~.I.le. Ln Ma:ch 1999,
management s' 'stem of the .... '+*' ......... + "' ..... A
'~ I E I I I T_ ~._+~1-,~, I ~fl~
JAN 2 ? 1999
2
JAN 2 7 1999
3
PQ, ~
Sec. 3.15.51. Short title, authority and applicability.
3.15.51 1. Short title. This division shall be known and may be cited as the "Collier
County Adequate Public Facilities Ordinance."
3.15.51 2. Authority. The board of county commissioners of Collier County has the
authority to adopt this division pursuant to Article VIII, Section l(f), Fla.
Const., F.S. 8125.01 et. seq., F.S. 8163.3161 et. Seq., F.S. 8163.3161(8),
F.S. 88163.3177(10)(h) AND F.S. 81163.3202(2)(G), AND Rule 9J-5,
F.A.C.
3.15.51 3. Applicability. This division shall apply to all development in the total
unincorporated area of Collier County, and to all public facilities owned
by Collier County in the incorporated or unincorporated areas of Collier
County, and to all privately-owned public facilities where the level of
service has been established by the county.
(Ord. No. 94-27, 83,5-18-94)
Sec. 3.153!. Intent and purpose.
3.15.~i1.1. Intent. This division is intended to implement and be consistent with the
Collier County Growth Management Plan, F.S. 8163.3161 et. seq., and
Rule 9J-5, F.A.C., by ensuring that all development in Collier County be
served by adequate public facilities.
3.15.1~i1.2. Purpose. This objective is accomplished by (1),establishing a
management and monitoring system to evaluate and coordinate the timing
and provision of the necessary public facilities to service development,
and (2) by establishing a regulatory program that ensures that each public
facility is available to serve development concurrent with when the
impacts of development occur on the public facilities.
3.15.112.3. Minimum requirements. The provisions of this division in their
interpretation and application are declared to be the minimum
requirements necessary to accomplish the stated intent, pUrp;O~,.~TEM
objectives of this division. 1
(Ord. No. 94-27, 83, 5-18-94)
1 JAN g 7 1999
po. IfY
Sec. 3.15.43.1. Definitions.
3.15.43.1. Annual update and inventory report or AUIR means the county report on
public facilities described in section 3.15.7.2.
3.15.43.2. Application for development approval means an application submitted to
Collier County requesting the approval of a development order.
3.15.43.3. Capital drainage facilities mean the planning of, engineering for,
acquisition of land for, or the construction of drainage and water
· management facilities necessary for proposed development to meet the
LOS for drainage facilities.
3.15.43.4. Capital park facilities mean the planning of, engineering for, acquisition
of land for, or construction of buildings and park equipment necessary to
meet the LOS for park facilities.
3.15.43.5. Capital road facilities or capital road improvement shall include
transportation planning for, right-of-way acquisition for, engineering for,
and construction of any project eligible for inclusion as a road project in
the road component of the CIE of the Collier County Growth Management
Plan or the Five-Year Florida Department of Transportation Plan.
3.15.43.6. Capita! potable water facilities mean the planning of, engineering for,
acquisition of land for, or construction of potable water facilities necessary
to meet the LOS for potable water facilities.
3.15.43.7. Capital sanitary sewer facilities mean the planning of, engineering for,
acquisition of land for, or construction of sanitary sewer facilities
necessary to meet the LOS for sanitary sewer facilities.
3.15.43.8. Capital solid waste facilities mean the planning of, engineering for,
acquisition of land for, or construction of solid waste facilities necessary
to meet the LOS for solid waste facilities.
3.15,43.9. Comprehensive plan means a plan that meets the requirements of F.S.
§§163.3177 and 163.3178, and shall mean the Collier County Growth
Management Plan, where referenced in this division.
3.15.43.10. Reserved.
3.15.43.11. Deficient road segment means the following:
3.15.43.11.1. A county or state road segment on the major road network system that
"' either: ~o~E~D.~
JAN 2 7 1999
5
3.15.41t.11.1.1. Has an adopted LOS "C" peak season, peak hour, that has operated below
LOS "C" peak season, peak hour, based on the annual update and
inventory report CAUIR"); or
3.15.43.11.1.2. Has an adopted LOS "D" peak season, peak hour, that has operated below
LOS "D" peak season, peak hour, for two years or more based on the
AUIR; or
3.15.43.11.1.3. Has an adopted LOS "D" peak season, peak hour, that is operating below
LOS "E", peak season, peak hour, based on the AUIR; or
3.15.43.11.1.4. Has an adopted LOS "E" peak season, peak hour, that is operating worse
than LOS "E" peak season, peak hour, based on the AUIR.
3.15.43.11.2. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whether it is a deficient road
segment, the county shall consider:
3.15.43.11.2.1. Any capital road improvement currently in place;
3.15.43.11.2.2. Any capital road improvement that is under construction;
3.15.43.11.2.3. Any capital road improvement guaranteed in an enforceable development
agreement that includes the provisions in subsections 3.15.43.11.2.1 and
3 .i 5.43.11.2.2.;
3.15.43.11.2.4. The actual construction of the required capital improvement is included
and is scheduled to commence in or before the third year of the state's five-
year work program and the county's current five-year capital improvement
schedule adopted as part of the growth management plan; and
3.15.43.11.2.5. The board of county commissioners has made an express finding, after a
public heating, that the current five-year capital improvement schedule is
based on a realistic, financially feasible program of funding from existing
revenue sources.
3.15.43.12. Developer means any person, including a governr~ental agency,
undertaking any development as defined in this division.
3.15.43.13. Developmen t agreemen t has the meaning contemplated in F.S. § 163.3220
et. seq.
3.15.43.14. Development has the meaning given it in F.S. §380.04.
3.15.43.15. Development order means any order, permit, determination, ~ or a~kit;~^
granting, denying, or granting w!th. condition.s an application fu~ any ~i~
6 1
spot survey, electrical permit, plumbing permit, occupational license, boat
dock permit, HVAC permit, septic tank permit, right-of-way permit,
blasting permit, excavation permit, construction approval for infrastructure
(including water, sewer, grading, paving), approved development of
regional impact (DRI), zoning ordinance amendment, comprehensive plan
amendment, flood variance, coastal construction control line variance, tree
removal permits, site development plan approval, subdivision approval
(including plats, plans, variances, and amendments), rezoning, PUD
amendment, certification, conditional use (provisional use), variance, or
any other official action of Collier County having the effect of permitting
development as defined in this division.
3.15.43.16. Final development order means a final local development order or a final
DRI development order.
3.15.43.17. Final DRI development order means a development order, as amended
from time to time, adopted by the board of county commissioners of
Collier County and approved by the state pursuant to F.S. §380.06, notice
of which is recorded pursuant to F.S. §380.06(15)(f).
3.15.43.18. Final local development order means any valid, unexpired building permit
or mobile home tie-down permit issued by the county.
3.15.43.19. Growth management plan or GMP means the most recently adopted and
effective comprehensive plan of Collier County, as amended from time to
time.
3.15.43.20. Land development regulations mean ordinances enacted by Collier County
pursuant to F.S. §163/3161 et. seq. , for the regulation of development,
and includes any zoning, subdivision, impact fee, building construction, or
sign regulations, or any other regulations controlling the development of
land.
3.15.43.21. Level of service (LOS) means an indicator of the extent or degree of
service provided by, or proposed to be provided by a public facility based
on and related to the operational characteristics of the p~ublic facility, as
adopted in the Collier County growth management Plan. LOS shall
indicate the capacity per unit of demand for each public facility.
3.15.43.21.1. Level of service calculations for roads mean calculations that are
performed annually following the end of the calendar year by comparing
average annual daily traffic counts to the annual average daily traffic
service volume look-up tables in the traffic circulation element. These
tables are calculated to express the annul average daily traffic volumes '
--- based upon the 100th highest volume hour of the year, or peak
peak hour. Annual average daily traffic (AADT) is generally ~alculated as
four seasons of the year. On some low volume roads, a si 7 1999
7
count may be taken and factored to the annual average daily traffic volume
using a monthly or quarterly factor.
3.15.411.22. LOS for capital drainage facilities varies among 1) new or existing capital
drainage facilities owned or operated by a local govemment or other
public entity, 2) existing capital drainage facilities owned or operated by
private persons, and 3) new capital drainage facilities owned or operated
by private persons. For those capital drainage facilities (publicly or
privately owned) that are in existence on the effective date of this division
and for those new capital drainage facilities owned or operated by a local
government or other public entity, the LOS is the existing LOS as
identified (by design storm retum frequency event) in the Collier County
Water Management Master Plan. For new capital drainage facilities
owned or operated by private persons, the LOS is identified in the
drainage sub-element and capital improvement element policy 1.1.5.A.3
(present requirements are a 25-year, three-day storm event) and is based
on those standards and requirements for renewal and approval of drainage
and stormwater management plans established in the Collier County Water
Management Policy Ordinance, No. 74-50, as amended and Ordinance No.
90-10 which are incorporated herein by reference.
3.15.43.23. LOS for capital park facilities means 2.9412 acres per 1,000 persons for
regional park land; 1.2882 acres per/I,000 persons for community park
land; and $122.00 $179.00 of capital investment per capita (at current
cost) for recreational facilities.
3.15.43.24. LOS for capital potable water facilities varies between public water
systems and private water systems. For __~,u ..... + ...... '~ the County
Water & Sewer District the LOS is 125 185 gallons per capita per day
a4zhstmen~ For Goodland Water District the LOS is 163 GPCD. For
City of Naples unincom. oratcd $~rvice area LOS is 163 GPCD, For
Everglades City_ unincorporated service area LOS is 163 GPCD, For
private potable water systems, the LOS is as follows, excep, t that approved
private wells are exempt from these LOS requirements:
JAN g 7 1999
8
Type of Establishment Gallons Per Day (GPD)
Airports
(a) Per passenger 5
(b) Add per employee 20
Barber and beauty shops (per chair) 100
Bowling alleys (toilet wastes only per 100
lane)
Country club
(a) Per resident member 100
(b) Per member present 25
(c) Per employee 20
Dentist offices
(a) Per wet chair 200
(b) Per non-wet chair 50
Doctors office (per doctor) 250
Factories, exclusive of industrial
wastes (gallons per person per shift)
(a) No showers provided 20
(b) Showers provided 35
Food service operations
(a) Ordinary restaurant (per seat) 50
(b) 24-hour restaurant (per seat) 75
(c) Single service articles only (per 25
person)
(d) Bar and cocktail lounge (per 30
person)
(e) Drive-in restaurant (per car 50
space)
(0 Carry out only
1. Per 100 square feet of floor 50
space
2. Add per employee 20
(g) Institutions (per meal) 5
Hotels and motels
(a) Regular (per room) 150
(b) Resort hotels, camps, cottages 75
(per person)
(c) Add for establishments with self 400
service laundry facilities (per machine) ~
Office building (per employee per 8 20
hour shift)
JAN 2 7 1999
9
Type of Establishment Gallons Per Day (GPD)
Service stations (per water closet and 250
per urinal)
Shopping centers without food or 0.1
laundry (per square foot of floor space)
Stadiums, race tracks, ball parks (per 5
seat)
Stores per square foot of floor space 0.1
Theatres
(a) Indoor, auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) 10
Trailer/mobile home park (per trailer 200
space
Travel trailer/recreational vehicle
park
(a) Travel trailer (overnight), 75
without water and sewer hook-up (per
trailer space)
(b) Travel trailer (overnight), with 100
water and seer hook-ups (per trailer
space)
Swimming and bathing facilities, 10
public (per person)
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per bed) 100
Parks, public picnic
(a) With toilets only (per person) 5
(b) With bathhouse, showers and 10
toilets (per person)
Public institution s other than schools 100
and hospitals (per person)
Schools (per student)
(a) Day-type 15
(b) Add for showers 5
(c) Add for cafeteria 5
(d) Add for day school workers 15
(e) Boarding-type 75
Work/Construction camps
Semi-permanent (per worker) 50
Residences
(a) single or multiple family (per 150
dwelling unit) one bedroom and 600
square feet or less heated or cooled
area
Two bedrooms and 601-1,000 300
square feet heated or cooled area
Three bedrooms and 1,001-2,000 450
square feet heated or cooled area
Four or more bedrooms and more 600
than 2,000 square feet heated or
cooled area
(b) Other (per occupant) 75
JAN 2 7 1999
'lO
3.15.43.25. LOS for capital road facilities on the major road network system varies depending
on the type of road, and is based on a defined peak season, peak hour. The LOS
on the following county roads is LOS "E" peak season, peak hour:
Road Segment
Airport Road Pine Ridge Road to Golden Gate Parkway
Golden Gate Pkwy Airport Rd. to Santa Barbara Blvd.
Goodlette-Frank Rd. Pine Ridge Rd. to Golden Gate Parkway
Goodlette-Frank Rd. Golden Gate Parkway to U.S. 41
Pine Ridge Road Airport Road to 1-75
The Coun.ty has declared as "constrained" the following se_mn~nt:
Vanderbilt Beach Rd. U.S. 41 to Gulfshore Drive
On all other county roads on the major road network system, the LOS is "D" peak
season, peak hour; however such a county road segment may operate at LOS "E",
peak season, peak hour, for a period not to exceed two fiscal years so as to
provide Collier County time to make the capital road improvements needed to
restore the road to LOS "D" peak season, peak hour, or better.
The LOS on state and federal roads shall be as follows based on peak season, peak
hour:
Existing Urbanized Transitioning Urban-
Road Rural Area Area ized Area
1-75 GB DC t~C
US41 C D GD
SR-84 C D GD
SR-951 D GD
SR~29 t;)C -
SR-82 ti~C
3.15.41.26. LOS for capital si~nitary sewer facilities varies between public sanitary seer
systems and private sanitary sewer systems. The LOS for public sanitary seer
systems is 100 gallons per capita per day (gpcd), plus 2,1 percent for
nonresidential development, making the LOS 121 gpcd.
The LOS for private sanitary sewer systems is as required by the State of Florida
in Chapter 10-D-6, F.A.C. These standards vary according to the type of land use.
They are as follows, except that approved private septic systems are exempt from
these LOS requirements:
JAN 2 7 1999
Type of Establishment Gallons Per Day (GPD)
(a) Per passenger 5
(b) Add per employee 20
Barber and beauty shop (per chair) 100
Bowling alleys (toilet wastes only per 100
lane)
Country club
(a) Per resident member 100
(b) Per member present 25
(c) Per employee 20
Dentist office
(a) Per wet chair 200
(b) Per non-wet chair 50
Doctors offices (per doctor) 250
Factories, exclusive of industrial wastes
(gallons per person per shift)
(a) No showers provided 20
(b) Showers provided 35
Food service operations
(a) Ordinance restaurant (per seat) 50
(b) 24-hour restaurant (per seat) 75
(c) Single service articles only (per person) 25
(d) Bar and cocktail lounge (per person) 30
(e) Drive-in restaurant (per car space) 50
(f) Carry out only:
1. Per 100 square feet of floor space 50
2. Add per employee 20
Hotels and motels
(a) Regular (per room) 100
(b) Resort hotels, camps, cottages (per person) 75
(c) Add for establishments with self service laundry 400
facilities (per machine)
Office building (per worker) 20
Service stations (per bay) 500
Shopping centers without food Or laundry (per 0.1
Square foot of floor space)
Stadiums, race tracks, ball parks (per seat) 5
Stores (without food service)
(a) Private toilets, for employees only (per employee) 20
(b) Public toilets (per square foot of floor space) 0.1 ~
Theaters
(a) Indoor, auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) 10
Trailer/mobile home park (per trailer space) 200
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight), without water and 50
sewer hookup (per trailer space)
JAN g 7 1999
Type of Establishment 'Gallons Per Day (GPD)
(b) Travel trailer (overnight), with 100
water and sewer hook-ups (per trailer
space)
Swimming and bathing facilities, 10
public (per person)
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per person) 100
Parks, public picnic
(a) With toilets only (per person) 5
(b) With bathhouse, showers and 10
toilets (per person)
Public institutions other than schools 100
and hospitals (per person)
Schools (per student)
(a) Day-type 15
(b) Add for showers 5
(c) Add for cafeteria 5
(d) Add for day school workers 15
(e) Boarding type 75
Work/construction camps semi- 50
permanent (per worker)
Residences
(a) Single-family (per bedroom) 150
(b) Apartment (per bedroom) 150
(c) Mobile home not in a trailer 150
park (per bedroom)
(d) Other (per occupant) 75
3.15.43.27. LOS for capital solid waste facilities requires sufficient capital solid waste
facilities to dispose of 1.39 1.10 tons of solid waste per capita per year. In
addition, the LOS requires two years of land fill lined cell disposal capacity
at present fill rates and ten years of landfill raw land capacity at present fill
rates.
3.15.43.28. LOS "C'peak season, peak hour is in the range of stable flow, but marks
the beginning of the range of flow in which the operation of individual
users becomes significantly affected by interactions witfi others in the
traffic stream. The selection of speed is affected by the presence of other,
and maneuvering either the traffic stream requires substantial vigilance on
the part of the user. The general level of comfort and convenience
declines noticeably at this level. LOS "C" peak season, peak hour, is
based on the 100th highest hourly traffic volumes during a calendar year
for the various types of roads defined by Special Report 209, "Highway
Capacity Manual," Transportation Research Board, National Research
Council, Washington, D.C., 1985, or subsequent revisions thereto.
3.15.43.29. LOS "D' peak season, peak hour represents a high-density,/but stable,
flow. Speed and freedom to maneuver are severely restricted, ~ tl~e
13 i
driver or pedestrian experiences a generally poor level of comfort and
convenience. Small increases in traffic flow will generally cause
operational problems at this level. LOS "D" peak season, peak hour, is
based on the '100th highest hourly traffic volumes during a calendar year
for the various types of roads defined by Special Report 209, "Highway
Capacity Manual," Transportation Research Board, National Research
Council, Washington, D.C., 1985, or subsequent revisions thereto.
3.15.43.29.1. LOS "E"peak season, peak hour represents operating conditions at or near
capacity. All speeds are significantly reduced. Freedom to maneuver is
difficult. Comfort and convenience is extremely poor, and motorist
frustration is generally high. LOS "E" peak season, peak hour, is based on
the 100th highest hourly traffic volumes during a calendar year for the
various types of roads defined by Special Report 209, "Highway Capacity
Manual", Transportation Research Board, National Research Council,
Washington, D.C. 1985, or subsequent revisions thereto.
3.15.43.30. Peak season, peak hour is considered to be the 100th highest volume hour
of the year, and is the basic time reference used to calculate levels of
service using the definitions and methodologies of the 1985 Highway
Capacity Manual (or its current edition). For planning and concurrency
applications, peak season, peak hour conditions are converted to annual
average daily traffic (AADT) level of service maximum volumes and are
presented in a series of look-up tables adopted in the traffic circulation
element of the growth management plan.
3.15.43.31. Major road network system means all arterial and collector roads within
the total unincorporated Collier County. The major road network system
is depicted in the traffic circulation element of the Collier County Growth
Management Plan.
3.15.43.32. Person means an individual, corporation, governmental agency, business
trust, estate, trust, partnership, association, two or more persons having a
joint or common interest, or any other entity, and its designated agents,
successors or assigns.
/
3.15.43.33. Potentially deficient road segment means the following:
3.15.43.33.1. A county or state road segment on the major road network system whose
adopted LOS standard is LOS "C" or LOS "D", peak season, peak hour,
that is presently operated at its adopted LOS, or whose adopted LOS is
LOS "D" peak season, peak hours, and has operated at LOS "E" peak
season, peak hour, for two years or less, based on the AUIR. A potentially
deficient road segment which has an adopted LOS "D" peak season, peak
hour, may operate at LOS "E", peak season, peak hour, for-~, ~,
before it shall become a deficient road segment. No. ~
JAN g 7 1999
14
p..
3.15.43.33.2. A county or state road segment on the major road network system whose
adopted LOS standard is "E", peak season, peak hour, that is presently
operating at LOS "E" peak season, peak hour, based on the AUIR.
3.15.43_.33.3. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whether it is a potentially deficient
road segment, the county shall consider:
3.15.43_.33.3.1. Any capital road improvement currently in place;
3.15.43_.33.3.2. Any capital road improvement that is under construction;
3.15.43_.33.3.3. Any capital road improvement guaranteed in an enforceable development
agreement that includes the provisions in subsections 3.15.43.33.3.1 and
3.15.43_.33.3.2;
3.15.43.33.3.4. The actual construction of the required capital road improvement is
included and is scheduled to commence in or before the third year of the
state's five-year work program and the county's current five-year capital
improvement schedule adopted as part of the growth management plan;
and
..-. 3.15.43_.33.3.5. The board of county commissioners has made an express finding, after a
public hearing, that the current five-year capital improvement schedule is
based on a realistic, financially feasible program of funding from existing
revenue sources.
3.15.43_.34. Public facilities mean capital drainage facilities, capital park facilities,
capital potable water facilities, capital road facilities, capital sanitary seer
facilities, and capital solid waste facilities.
(Ord. No. 94-27, §3, 5-18-94)
See. 3.15.~4~ Rules of construction.
In the construction of this division, the rules set out in this section shall be observed unless such
construction is inconsistent with the manifest intent of the Collier County Bo~ard of County
Commissioners. The rules of construction and definitions set forth herein shall not be applied to
any provisions which expressly exclude such construction, or where the subject matter, Content
or context of such provisions would make such construction internally inconsistent or.
inconsistent with other provisions of this division.
3.15.~J.1. Generally. All provisions, terms, phrases and expressions contained in
this division shall be liberally construed in order that the true intent and
meaning of the Collier County Board of County Commissioners may be
fully carried out. Terms used in this division, unless otherwise speci~
provided shall have the meanings prescribed by the statutes f thi~°s~~--
for the '
same terms.,
JAN g 7 1999
15
~.
In the interpretation and application of any provision of this division it
shall be held to be the minimum requirement adopted for the promotion of
the public health, safety, comfort, convenience and general welfare.
Where any provision of this division imposes greater restrictions upon the
subject matter than a general provision imposed by the growth
management plan or another provision of this division, the provision
imposing the greater restriction or regulation shall be deemed to be
controlling.
3.15.~!.2. Text. In case of any difference of meaning or implication between the text
of this division and any figure, the text shall control.
3.15.F~.3. Computation of time. The time within which an act is to be done shall be
computed by excluding the first and including the last day; if the last day
is Saturday, Sunday or legal holiday, that day shall be excluded.
3.15.~_.4. Day. The word "day" shall mean a calendar day, unless "business" day is
indicated.
3.15.~_.5. Delegation of authority. Whenever a provision appears requiring a
division administrator, the head of a department or some other county
officer or employee to do some act or perform some duty, it is to be
construed to authorized the division administrator. head of the department
or some other county officer or employee to designate, delegate and
authorize professional level subordinates to 'perform the required act or
duty unless the terms of the provision or section specify otherwise.
3.15.$,t.6. Gender. Words importing the masculine gender shall be construed to
include the feminine and neuter.
3.15.~!.7. Month. The word "month" shall mean a calendar month.
3.15.g~!.8. Non-technical and technical words. Words and phrases shall be construed
according to the common and approved usage of the language, but
technical words and phrases and such others as may have acquired a
peculiar and appropriate meaning in law shall be construed and understood
/
according to such meaning.
3.15.$,t.9. Number. A word importing the singular number only, may extend and be
applied to several persons and things as well as to one person and thing.
The use of the plural number shall be deemed to include any single person
or thing.
3.15.$,!1.10. Shall, may. The word "shall" is mandatory; "may" is permissive.
3.15.~_.11. Tense. Words used in the past or present tense include the future as
as the past or present. ! 3fin B 7 1999
16
3.15.~.12. Week. The word "week" shall mean seven calendar days.
3.15.~,1.13. Written or in writing. The term "written" or "in writing" shall be
construed to include any representation of words, letters, or figures
whether by printing or other form or method of writing.
3.15.,f~t.14. Year. The word "year" shall mean a calendar year, unless a fiscal year is
indicated or 365 days is indicated.
(Ord. No. 94-27, {}3, 5-18-94)
Sec. 3.15.1i5. Establishment of management and monitoring program and
regulatory program: the annual update and inventory report (AUIR),
CIE amendments, and annual budget.
In order to implement the mandate of the Collier County Growth Management Plan to ensure
that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities
are available to accommodate development in Collier County concurrent with when the impacts
of development occur on such public facilities, the board of county commissioners establishes,
pursuant to the terms of this division, (1) a management and monitoring program that evaluates
the conditions of public facilities to ensure they are being adequately planned for and funded to
maintain the LOS for each public facility, and (2) a regulatory program that ensures that each
public facility is available to serve development orders which are subject to the provisions of this
division.
(Ord. No. 94-27, {}3, 5-18-94)' ..
See. 3.15.-76. Management and monitoring program.
3.15.-76.1. General. In order to ensure that adequate potable water, sanitary sewer,
solid waste, drainage, park and road public facilities are available
concurrent with when the impacts of development occur on such public
facilities, the county shall establish the following management and
monitoring practices. Their purpose is to evaluate and coordinate the
timing, proX(ision, and funding of potable water, sanitary sewer, solid
waste, drainage, park and road public facilities (1) to ensure adequate
planning and funding to maintain the LOS for the public fagilities, and (2)
to evaluate the capacity of the public facilities for use in the regulatory
program to ensure that no development orders subject to concUrrency
regulation are issued unless adequate public facilities are available to serve
the development concurrent with when the impacts of that development
occur.
3.15.-76.2. Annual update and inventory report on public facilities (AUIR). On or
about ~tfast December 1 of each year, the Community Development and
Environmental Services Division Administrator shall complete ~.'. ~,~ ,T "'
update and inventory report on public facilities (hereinafier "A ' R"~.°.~
AUIR shall determine the existing conditions of all capital pg~le water,
capital sanitary sewer, capital solid waste, capital drainage, c~pit~!liatlltrl~, 7 ~999
27
p~. /.~0
and capital road public facilities determine and summarize the available
capacity of these capital improvements (public facilities) based on their
LOS, forecast the capacity of existing and planned public facilities
identified in the five-year capital improvement schedule for each of the
five succeeding years, and ten succeeding years, and identify new projects
needed to maintain adopted LOS. The forecasts shall be based on the
most recently updated schedule of capital improvements (public facilities)
for each public facility. The AUIR shall be based on the most recent
bureau of economic and business research (BEBR) ~,;_~, ..... population
projections, updated public facility inventories, updated unit costs and
revenue projections, and analysis of the most recent traffic count data.
The findings of the AUIR shall form the basis for the preparation of the
pd ....... ;~+~
next annual u ate and amendment to the CIE,
;_ ,h ...... ~.., ....... ~ *""~-~* the determination of any area of significant
influence (ASI) and the review of and issuance of development orders
subject to the provisions of this division during the next year.
3.15.:Z6.2.1 Annual determination of adequate "Category A" public facilities
(concurrency). On or about August December 1 of each year, the
Community Development and Environmental Services Division
Administrator will present the AUIR report to the board of county
commissioners identifying deficiencies pr potential deficiencies in
"Category A" public facilities and remedial action options including but
not limited to the following:
1. Establishment of areas of significant influence (ASrs);
2. Public facility project additions to the CIE;
3. Deferral of development order issuance in affected areas
pending:
a. Lowering of LOS via growth management plan amendment;
b. Inclusion of necessary public facility projects in the next
adopted annual budget and next annual CIE update and
amendment;
c. Approval of new or increased revenue sources for
needed public facility projects by the board of
county commissioners, the state legislature or the
county voters.
3.15.Gtli.3 Recommendations on the annual CIE update and annual budget. Based
upon the AUIR analysis, the Community Development and Em irom'Xg~t~
Services Division shall propose to the Collier Count:Planning
Commission and the Board of County Commissioners on or ab, ,ut ~b~r
:1_8
1 of each year, the annual update and amendment to the CIE as part of the
annual growth management plan amendment cycle transmittal public
hearings. It will include the public facilities needed to maintain LOS as
directed by the board of county commissioners upon presentation of the
AUIR. The annual budget, which is to be adopted by October 1 of each
year shall also include projects and firedinn as directed by the board upon
presentation of the prior AUIR.
3, 15.:/6.4 Establishment of area of sign i~cant influence (ASI) for roads.
3.15.:/6.4.1 Establishment of area(s) of significant influence (ASI). If the finding of
the AUI analysis identify additional road improvement projects needed to
maintain adopted LOS, they may be included in the road component of the
proposed annual CIE update and amendment at the discretion of the board.
Based upon board direction on inclusion of additional road projects, the
Community Development and Environmental Services Division
Administrator, in conjunction with the MOP chief and transportation
services department director may propose and identify one or more areas
of significant influence (ASI) around any deficient or potentially deficient
road segment (except where such potentially deficient road segment is
projected not to exceed its adopted LOS within the first three years of the
five-year schedule of capital improvements in the CIE up date and
amendment purposed for transmittal on or about October 1, and the
estimated annual residual capacity trips that would be allocated to those
applicants for certificates of public facility adequacy within the ASI
encompassing such potentially deficient road segment during the next year
does not exceed the remaining trip capacity). The boundaries of any ASI
shall be established pursuant to the standards in subsection 3.15.56.4.2. of
this division along with the annual residual capacity trips covering
potentially deficient road segments for each ASI by ~ January_ 1
of each year. No residual capacity trips shall be allotted for development
in an ASI encompassing a deficient road segment.
3.15.:/Ii.4.2. Standards in establishing area of significant influence (ASI).
3.15.:/6.4.2.1. General The boundaries for an ASI shall be based upon an "envelope"
that surrounds major road segments. In general, the ASI surrounding a
road segment will radiate out from the segment a distance of one tO three
miles, depending upon natural or manmade features, roadway facility type.
Additionally, there may be an overlap of ASI's due to the effect of adjacent
land uses upon a roadway segment or segments.
3.15.~6.4.2.2. Standards in determining area of significant influence (ASI). The
Community Development and Environmental Services Division
Administrator in conjunction with the MPO chief and transpert.~tj_~':~
services department director shall examine traffic movement !atterffi.
shall then prepare a map(s) that details the location of the prop sed ASI(s).
7 999
t
Such map(s) shall then be presented to the board of county commissioners
at a regularly scheduled meeting for its review.
The following standards shall guide the Community Development and
Environmental Services Division Administrator MPO chief and
transportation services department director in developing these proposed
ASrs:
Type of Roadway Facility Scope of ASI
Principal Arterial Three miles on each side of
affected segment and three miles
from each end of affected segment.
Minor Arterial Two miles on each side of
affected segment and two miles
for each end of affected
segment.
Collector One mile on each side of
affected segment and one mile
from each end of affected
segment.
Rural Minor Collector One mile on each side of
affected segment and one mile
from each end of affected
segment.
Limited Access Facility One mile from each side of the
affected segment and three (3)
miles from any access point · and
each segment end.
3.15.:J!i.4.2.3. Determining annual residual capacity trips. The Community
Development and Environmental Services Division A~drninistrator in
conjunction with the MPO chief and transportation services department
director shall complete a detailed conditions analysis of the deficient or-
potentially deficient road segment within each proposed ASI boundary
prior to proposing the boundaries of the ASI. The analysis shall take into
consideration characteristics of the road segment (such as traffic control,
signal spacing, timing, and phasing) using procedures documented in the
1985 Highway Capacity Manual (or its current edition). The annual
residual capacity trips for the proposed ASI covering the potentially
deficient road segment shall be based upon up to 100 percent of the
potentially deficient road segment's remaining capacity, measured ir~f~"
p~.
which generate one peak hour trip per day or less, based on the most
recent ITE Trip Generation Rate Manual.
3.15.56.4.3. Review and approval by board of county commissioners. After receipt of
the proposed boundaries of a potential ASI and the proposed residual
capacity trips of the ASI ~'om the Community Development and
Environmental Services Division Administrator the board of county
commissioners, by Ootob~ January_ 1 of each year, shall hold a public
hearing noticed pursuant to the requirements of F.S. § 125.66(5), and after
consideration of the proposal and public comment, approve the boundaries
(including a map of the boundaries) and the annual residual capacity trips
of the ASI, with or without modifications, or determine that competent
substantial evidence has been placed on the record to show that the road
segment is not potentially deficient and determine that the establishment
of an ASI is not necessary to ensure that development orders are served by
adequate road public facilities. The approved boundaries and annual
residual capacity trip allotments for each ASI will become effective on
Oetob~ January. 1 of each year if additional road improvements are not
added to the capital improvement element at that time.
3.15.56.4.4. Map of areas of significant influence (ASI). A map showing the
boundaries of each ASI established by the board of county commissioners
._. shall be kept in the Community Development and Environmental Service
Division and the office of the clerk to the board of county commissioners
for review an inspection by the public during normal business hours.
3.15.56.4.5. Duration of established area of significant influence (ASI). Once the
boundaries of an ASI are approved by the board of county commissioners,
they are valid for one year, unless otherwise dissolved.
3.15.-~6.4.6. Duration of residual capacity trips. Once the road facility residual
capacity trips are approved by the board of county commissioners, they are
valid for one year.
3.15.56.4.7. Dissolution of area of significant influence ASI. If the additional needed
road improvements identified in the AUIR are added to the CIE or funds
are available for, and committed for construction of, the needed road
improvements to eliminate the classification of a road as a deficient or
potentially deficient road segment, then the area of significant influence
(ASI) established for that deficient or potentially deficient road segment
shall be dissolved in the same manner in which it was established.
(Ord. NO. 94-27, §3, 5-18-94)
JAN 2 7 1999
21
Sec. 3.15.87. Regulatory program: review of development to ensure adequate
public facilities are available.
3.15.87.1. General In order to ensure that adequate potable water, sanitary sewer,
solid waste, drainage, park and road public facilities are available
concurrent with when the impacts of development occur on each public
facility, Collier County shall establish the following development review
procedures to ensure that no development orders subject to concurrency
regulation are issued unless adequate public facilities are available to serve
the proposed development.
3.15.87.2. Exemptions. The following development orders and development shall be
exempt from the terms of this division:
3.15.87.2.1. All valid, unexpired final development of regional impact (DRI)
development orders which were issued prior to adoption of the Collier
County Growth Management Plan on January 10, 1989, except where:
3.15.87.2.1.1. Development conditions or stipulations applicable to concurrency, or the
provision of adequate public facilities concurrent with the impacts of
development, exist in the DRI development order;
3.15.87.2.1.2. Substantial deviations are sought for a DRI development order, and then,
this division shall apply only to those portions of the development for
which the deviation is sought;
3.15.87.2.1.3. An overriding concern for public health, safety, or welfare exists;
3.15.87.2.1.4. The county can demonstrate pursuant to F.S. §380.06, that substantial
changes in the conditions underlying the approval of the development
order have occurred or the development order was based on substantially
inaccurate information provided by the developer or that the application of
this division to the development order is clearly established to be essential
to the public health, safety and welfare; or ,
3.15.87.2.1.5. The new requirements would not so change or alter a DRI development
order that they would materially or substantially affect the developer's
ability to complete the development authorized by the DRI development
order.
3.15.87.2.2. Construction of public facilities that are consistent with the Collier County
Growth Mana. gement Plan.
3.15.87.2.3. Any development orders determined by the Community Devel?pme/~[t~
Environmental Services Division Administrator not to im' act public
facilities as evaluated against the standards contained in this diTisio N
, 2 7 999
"' 3.15.87.2.4. Original temporary construction and development permits and any
subsequent renewals not to exceed a cumulative period of one year.
3.15.81.2.5. Development orders permitting replacement, reconstruction or repair of
existing development consistent with all elements of the growth
management plan.
3.15.81.2.6. Original temporary use permits and any subsequent renewals not to exceed
a cumulative period of one year.
3.15.87.2.7. Any development order or development whose current owner is entitled to
receive, and who properly obtains, a determination of vested rights for
adequate public facilities CAPF") in accordance with the provisions of this
section 3.15.82.2.7.
3.15.87.2.7.1. Application. An application for determination of vested rights for APF
shall be submitted in the form established by the Community
Development and Environmental Services Division Administrator. An
application fee in an amount to be determined by the board of county
commissioners shall accompany and be part of the application. The
application shall, at a minimum, include:
3.15.87.2.7.1.1. Name, address, and telephone number of the owner and authorized
applicant if other-than the owner;
3.15.87.2.7.1.2. Street address, legal description, and acreage of the property; and
3.15.87.2.7.1.3. All factual information and knowledge reasonably available to the owner
and applicant to address the criteria established in section 3.15.82.2.7.7.
3.15.87.2.7.2. Determination of completeness. After receipt of an application for
determination of vested rights for APF, the growth management chief shall
determine xi,,hether the application submitted is complete. If he determines
that the application is not complete, the Community Development and
Environmental Services Division Administrator shall notiCy the applicant
in writing of the deficiencies. The Community Development and
Environmental Services Division Administrator shall take no further steps'
to process the application until the deficiencies have been remedied.
3.15.82.2.7.3. Review and determination or recommendation by Community
Development and Environmental Services Division Administrator and the
county attorney. After receipt of a completed application for
determination of vested rights for APF, the Community Development and
----- Environmental Services .Division Administrator and the county a~i,~iniii ,T
shall review and evaluate the application in light of all of th' criteria iii
23
Administrator and the . county attorney shall prepare a written
recommendation to the heating officer that the application should be
denied, granted or granted with conditions by the hearing officer. Such
recommendation shall include findings of fact for each of the criteria
established in section 3.15.87.2.7.7. to the extent that information is
presented or obtained or inclusion feasible or applicable. If the
Community Development and Environmental Services Division
Administrator and the county attorney agree based on the review and
evaluation that the application for determination of vested rights for APF
so clearly should be granted or granted with conditions, then they may
enter into a written stipulated determination of vested rights for APF with
the owner, in lieu of the written recommendation to the hearing officer and
the provisions in sections 3.15.82.2.7.4, 3.15.82.2.7.5. and 3.15.82.2.7.6.
However, any such stipulated determination shall be in writing, signed by
the Community Development and Environmental Services Division
Administrator the county attorney and the owner, and shall include
findings of fact based on the criteria established in section 3.15.8_7.2.7.7,
conclusions of law for such criteria, and the determination granting or
granting with conditions, in whole or in part, the vested rights for adequate
public facilities.
3.15.87.2.7.4 Review and Determination of Vested Rights Determination for APF by
hearing officer. Upon receipt by the Heating Officer of the Application
for Determination of Vested Rights for APF and the written
recommendation of the Community Development and Environmental
Services Division Administrator and the County Attorney, the Hearing
Officer shall hold a public heating on the application. At the heating, the
Heating Officer shall take evidence and swom testimony in regard to the
criteria set forth in Section g2.2.7.7, and shall follow the rules of
procedure set forth in Section 120.57(1)(b), 4, 6, 7, and 8. Florida Statutes,
and Section 120.58(1)(a),(d) and (f), Florida Statutes, and Section
120.58(1)(b), Florida Statutes, only to the extent that the Heating Officer
is empowered to swear witnesses and take testimony under oath. The
Hearing Officer shall follow the procedures established for administrative
hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025,
2.027, and 2.031, Florida Administrative Code except as expressly set
/
forth herein. The parties before the Heating Officer shall include the
County, the owner or applicant, and the public. Testimony shall be..
limited to the matters directly relating to the standards set forth in Section
87.2.7.7. The County Attorney shall represent the County, shall attend the
public heating, and shall offer such evidence as is relevant to the
proceedings. The owner of the property and its authorized agents, may
offer such evidence at the public hearing as is relevant to the proceedings
and criteria. The order of presentation before the Hearing Officer at the
public heating shall be as follows: 1) the County's summa,'~- c~e~,~,.r -
application, written recommendation, witnesses and other e~ridene~;~
owner or applicant witnesses and evidence; 3) public withesses and
evidence; 4) County rebuttal, if any; and 5) applicant rebuttal, it any[AN 2 7 1999
24
' ~. /3?
3.15.8ZZ.2.7.5. Issuance of vested rights determination for APF by hearing officer.
Within fifteen (15) working days after the completion of the public
heating under Section 8ZZ.2.7.4, the Hearing Officer shall consider the
Application for Determination of Vested Rights for APF, the
recommendation of the Community Development and Environmental
Services Division Administrator and the County Attorney, and the
evidence and testimony presented at the public heating, in light of all of
the criteria set forth in Section 82.2.7.7, and shall deny, grant, or grant
with conditions the Application for Determination of Vested Rights for
APF for the property or properties at issue. The determination shall be in
writing and shall include findings of fact for each of the applicable criteria
established in Section 87.2.7.7, conclusions of law for each of such
criteria, and a determination denying, granting, or granting with
conditions, in whole or in part, the vested rights for adequate public
facilities.
3.15.87.2.7.6 Appeal to the board of county commissioners. Within thirty (30) days
after issuance of the Hearing Officer's written determination of vested
rights for APF, the County Attorney, the Community Development and
Environmental Services Division Administrator, or the owner or its
authorized attorney or agent, may appeal the determination of vested rights
for APF of the Heating Officer to the Board of County Commissioners. A
fee for the application and processing of an owner-initiated appeal shall be
established at a rate set by the Board of County Commissioners from time
to time and shall be charged to and paid by the owner or its authorized
agent. The Board of County Commissioners shall adopt the Hearing
Officer's determination of vested tights for APF, with or without
modifications or conditions, or reject the Hearing Officer's determination
of vested rights for APF. The Board of County Commissioners shall not
be authorized to modify or reject the Heating Officer's determination of
vested rights for APF unless the Board of County Commissioners finds
that the Heating Officer's determination is not supported by substantial
competent evidence in the record of the Hearing Officer's public hearing
or that the Heating Officer's determination of vested rights for APF is
contrary to the criteria established in Section 87.2.7.7. ,
3.15.87.2.7.7. Criteria for Vested Rights. This section is intended to strictly adhere to-
and implement existing case law and statutory law as they relate to the
doctrine of vested rights and equitable estoppel as applied to a local
government exercising its authority and powers in zoning, the provision of
adequate public facilities concurrent with development (concurrency), and
related matters. It is the express intent of Collier County to require
application of the provisions of this Ordinance to as much development
""" and property in the unincorporated areas of the County as ~'regatlFA
particularly Section 163.3167(8), Florida Statutes. The cri~ria'Jr~l~e~7 1999
25
provided shall be considered in rendering a vested rights determination
under this section. It is intended that each case be decided on a case by
case factual analysis. An owner shall be entitled to a positive
determination of vested rights for APF only if he demonstrates by
substantial competent evidence that he is entitled to complete his
development without regard to the otherwise applicable provisions of this
Ordinance based on the provisions of Section 163.3167(8), Florida
Statutes, or all three of the following requirements of the three-part test
under Florida common law: 1) Upon some act or omission of the County,
2) a property owner relying in good faith, 3) has made such a substantial
change in position or has incurred such extensive obligations and expenses
that it would be highly inequitable and unjust to destroy the rights
acquired.
3.15.87.2.7.8. Limitation on determination of vested rights for APF. A Determination of
Vested Rights for APF which grants an application for determination of
vested rights for APF shall expire and be null and void unless construction
is commenced pursuant to a final development order, final subdivision
plat, or final site development plan, within two (2) years after the issuance
of the determination of vested fights for APF under this Section 87.2.7, or
unless substantial permanent buildings have been, or are being constructed
or installed pursuant to a valid, unexpired, final development order of
Collier County within two (2) years after issuance of the determination of
vested rights for APF under this Section 82.2.7. and such development
pursuant to a final development order, final subdivision plat, final site
development plan, final subdivision master plan, or planned unit
development master plan is continuing in good faith. The aforementioned
two (2) year time limitation on the determination of vested fights for APF
shall be stayed during any time periods within which commencement of
construction pursuant to a final development order, final subdivision plat,
or final site development plan is prohibited or deferred by the County
solely as a result of lack of adequate public facilities to serve the property,
pursuant to this Ordinance.
3.15.87.3. Certificate of Public Facility Adequacy.
/
3.15.82.3.1. General.
3.15.82.3.1.1. A valid, unexpired Certificate of Public Facility Adequacy shall be
obtained at the filing for the earliest or next to occur of final subdivision
plat, final site development plan or building permit, provided however,
any development orders except a final local development order may be
approved or issued provided they are expressly conditioned on the
issuance of a Certificate of Public Facility Adequacy prior to building
permi! approval and provi.ded the owner and applic.ant pr.oFe, ed"
own nsk and expressly waive and release the County ~n writ =!!fror~ any
· ' ' stoppel res tindg~or~ 7 ]999
~ 3.15.87.3.1.2. At the applicant's request, the County shall review and approve, or deny,
an Application for a Certificate of Public Facility Adequacy prior to the
consideration of an Application for Development Approval for any
development order needed for a proposed development prior to receipt of a
final subdivision plat approval, final site development plan approval, or
building permit approval.
3.15.87.3.1.3. Where the proposed development has been issued final subdivision plat
approval or final site development plan approval prior to the effective date
of this Ordinance, a Certificate of Public Facility Adequacy shall be
obtained prior to approval of the next development order required for the
proposed development.
3.15.87.3.1.4. All applicable impact fees and system development fees for a development
shall be paid into the Impact Fee Escrow Trust Fund in the amount
estimated to be due upon issuance of the building permit(s) for the
development upon or prior to issuance of a Certificate of Public Facility
Adequacy for the development, except in the instance of a simultaneous
application for a building pennit(s) and a Certificate of Public Facility
Adequacy in which case(s) all applicable impact fees and system
development fees will be paid directly into the appropriate impact fee fund
at the time the building pennit(s) and Certificate are picked up by the
applicant. The payment of the estimated impact and system development
fees into the Impact Fee Escrow Trust Fund shall be applied as a credit
towards the impact and system development fees calculated and due upon
issuance of the building pennit(s) for the development. Impact and system
development fees paid into the Impact Fee Escrow Trust Fund shall be
refundable upon written request to the Community Development and
Environmental Services Division Administrator accompanied by the
surrender of the original Certificate of Public Facility Adequacy obtained
prior to issuance of building permit(s) for the development. Fees paid
upon issuance of building pennit(s) in accordance with the applicable
impact fee or system development fee ordinances shall be refundable
pursuant to the provisions of such ordinances upon written request to the
Finance Director, Clerk of Courts. ~
3.15.82.3.2. Rules of general applicability for certificate of public facility adequacy.
3.15.87.3.2.1. Timing. An Application for a Certificate of Public Facility Adequacy may
be submitted at any time, subject to Section 87.3.1.1.
3.15.82.3.2.2. Consolidated application. A building permit, final subdivision plat or
final site development plan shall receive final approval only to the extent
to which the proposed development receives a Certi~,:ate ~f P;,b!ic -
Facility Adequacy. The Application for a Certificate of Publi~-~~
Adequacy may be submitted with an Application for Development
Approval, where appropriate under this Ordinance. JAN 2 7 1999
27
3.15.87.3.2.3. Assignability and transferability. A Certificate of Public Facility
Adequacy shall run with the land, shall be assignable within a proposed
development, and shall not be assignable or transferable to other
development.
3.15.87.3.2.4. Expiration. A Certificate of Public Facility Adequacy shall expire three
(3) years from the date of its approval except to the extent that building
permits have been issued for the proposed development for which the
Certificate is approved, .and the proposed development is then completed
pursuant to the terms of the Collier County Building Code, provided:
3.15.87.3.2.4.1. For development comprised of more than five hundred (500) residential
dwelling units, or for a phased increment of development comprised of
more than one hundred and fifty (150) residential dwelling units, or for a
commercial/industrial development of more than 100,000 square feet of
gross leasable area, a Certificate of Public Facility Adequacy shall expire
five (5) years from the date of its approval except to the extent that
building permits have been issued for the proposed development for which
the Certificate is approved, and the proposed development is then
completed pursuant to the terms of the Collier County Building Code,
provided the certificate holder:
3.15.87.3.2.4.1.1. Obtains approval of its Final Subdivision Plat and Final Site Development
Plan, whichever is applicable, within twelve 02) months from the date of
issuance of the Certificate of Public Facility Adequacy; and
3.15.87.3.2.4.1.2. Commences construction of the infrastructure for the Final Subdivision
Plat and Final Site Development Plan, whichever is applicable, within
twenty-four (24) months from the date of issuance of the Certificate of
Public Facility Adequacy; and
3.15.87.3.2.4.1.3. Completes the construction of the infrastructure for the Final Subdivision
Plat and Final Site Development Plan, whichever is applicable, and
records the Final Subdivision Plat in the public records of Collier County,
if applicable, within thirty-six (36) months from the date of~issuance of the
Certificate of Public Facility Adequacy.
3.15.87.3.2.4.2. For purposes of determining the expiration of a Certificate of Public
Facility Adequacy for a mixed use development, the size of the mixed use
development shall be determined by aggregating the percentage of the
threshold for each land use component identified in Section 87.3.2.4.1 that
is proposed for the mixed use development.
3.15.87.3.2.5. Effect. Issuance of a Certificate of Public Facility Adequ~
demonstrate proof of adequate public facilities to serve the dtevelo[5~-~~
development order. A subsequent Application for e , 7 1999
28
Iql
for development approved in a development order for which a Certificate
of Public Facility Adequacy has been approved shall be determined to
have adequate public facilities as long as the Certificate of Public Facility
Adequacy is valid and unexpired. When a Certificate of Public Facility
Adequacy expires, any subsequent Application for Development Approval
shall require a new Certificate of Public Facility Adequacy to be issued
pursuant to the terms of this section prior to approval of any subsequent
development order for the proposed development.
3.15.82.3.2.6. Anything in this Ordinance to the contrary notwithstanding, all
Certificates of Public Facility Adequacy approved or issued from the date
that the Community Development and Environmental Services Division
Administrator presents the proposed ASI boundary maps to the Board of
County Commissioners, as provided by Section 82.4.2.3, through the date
that the boundaries and the Annual Residual Capacity Trip Allotments for
each ASI are approved by the Board shall be expressly conditioned upon
any and all restrictions, limitations, provisions, boundaries and allotments
adopted by the Board of County Commissioners pursuant to Section 6.4.3.
3.15.8'7.3.3. Effect of Development Agreement in Conjunction with a Certificate of
Public Facility Adequacy. Upon approval by the Board of County
Commissioners, any applicant may enter into a Development Agreement
--- with Collier County pursuant to the provisions of Section 163.3220-3242,
Florida Statutes, in conjunction with the approval of a development order
and/or a Certificate of Public Facility Adequacy. The effect of the
Development Agreement shall be to bind the parties pursuant to the terms
and conditions of the Development Agreement and the Certificate of
Public Facility Adequacy in order to insure that adequate public facilities
are available to serve the proposed development concurrent with when the
impacts of the development occur on the public facilities. Development
Agreements may address conditional development order approvals and
conditions for renewal of the Certificate of Public Facility Adequacy
beyond five (5) years, however, the duration of any Certificate of Public
Facility Adequacy shall not exceed five (5) years. Development
Agreements may also provide for private provision of public facilities or
for a joint endeavor between the private sector and Collier County to
provide public facilities. Any public facility in the Five (5) Year Schedule
of Capital Improvements in the CIE on which such a Certifidate of
Adequate Public Facilities is made in conjunction with the approval of a
development order and a Development Agreement shall not be delayed,
deferred, or removed from the Five (5) Year Schedule of Improvements in
the CIE.
3.15.8'7.3.4. Procedure for Review of Application.
3.15.8'7.3.4.1. Submission of application and fee. An Application for a C ,'rtific~~
Public Facility Adequacy shall be submitted to the ._,ommunity
Development and Environmental Services Division Admini: trat~y./~bl ~7 1999
29
application shall be submitted at the filing of the earliest or next to occur
of final subdivision plat, final site development plan, or building permit.
An application fee in an amount to be determined by the Board of County
Commissioners shall accompany and be part of the application.
3.15.87.3.4.2. Application contents. The form and contents for the Application for
Public Facility Adequacy shall be established by the Community
Development and Environmental Services Division Administrator and
shall be published and made available to the general public.
3.15.82.3.4.3. Determination of completeness and review. After receipt of an
Application for Certificate of Public Facility Adequacy, the Community
Development and Environmental Services Division Administrator shall
determine whether it is complete within three (3) business days. If it is
determined that the application is not complete, written notice shall be
served on the applicant specifying the deficiencies. The Community
Development and Environmental Services Division Administrator shall
take no further action on the application unless the deficiencies are
remedied. Within five (5) business days after the application is
determined to be complete, the Community Development and
Environmental Services Division Administrator shall review and grant, or
deny each public facility component in the application pursuant to the
standards established in Section 87.3.5.
3.15.87;3.4.4. Appeal to Public Facilities Determination Appeal Committee. Within
thirty (30) days after issuance of the determination of the Community
Development and Environmental Services Division Administrator on the
Application for a Certificate of Public Facility Adequacy, the applicant
may appeal the determination of the Community Development and
Environmental Services Division Administrator on the Application for a
Certificate of Public Facility Adequacy to the Public Facilities
Determination Appeal Committee. A fee for the application and
processing of an appeal shall be established at a rate set by the Board of
County Commissioners from time to time and shall be charged to and paid
by the applicant. The Public Facilities Determination Appeal Committee
shall hold a hearing on the appeal and shall consider the d~etermination of
the Community Development and Environmental Services Division
Administrator and public testimony in light of all the criteria set forth in
Section 87.3.5 of this Ordinance. The Public Facilities Determination
Appeal Committee shall adopt the Community Development and
Environmental Services Division Administrator's determination on the
.Application for a Certificate of Public Facility Adequacy with or without
modifications or conditions, or reject the Community Development and
Environmental Services Division Administrator's determination. The
Public Facilities Determination Appeal Committee shall not be ~ ~T~_
to modify or reject the Community Development and En~ironrtlenta! '-
Services Division Administrator's determination unless he Public
Facilities Determination Appeal Committee finds that the dete'. ain~i~ t~ 7 1999
30
not supported by substantial competent evidence or that the Community
Development and Environmental Services Division Administrator's
determination is contrary to the criteria established in Section 82.3.5 of
this Ordinance. The decision of the Public Facilities Determination
Appeal Committee shall include findings of fact for each of the criteria.
3.15.87.3.4.4.1. Composition of Public Facilities Determination Appeal Committee. The
Public Facilities Determination Appeal Committee shall be comprised of
three (3) members: the nm~ ~c r,~:+~ ~,,;~,~ x~ ........ + Public
Works Division Director, or his designee; Metropolitan Planning
Organization (MPO) Coordinator, or his designee; and the
Engineering Review Services Manager, or his designee.
3.15.87.3.4.5. Cancellation of certificates. Upon notification by the Community
Development and Environmental Services Division Administrator or his
designee, that an application for a Certificate of Public Facility Adequacy
has been approved and a Certificate issued, the applicant shall have thirty
(30) calendar days to pick up the Certificate and pay all applicable impact
and system development fees. If the applicant fails to pick up the
Certificate and pay the appropriate fees within twenty (20) calendar days
of notification of approval, a second notification of pending cancellation
of the Certificate will be sent to the applicant by certified mail. If the
applicant does not pick up the Certificate and pay all applicable fees
within ten (10) calendar days of notification by certified mail, the
Certificate will be voided. In such a case, the applicant shall then be
required to apply for issuance of a new Certificate. Certificates issued
simultaneously with building permits shall be voided if the applicant fails
to pick up the building permit and fails to pay all applicable fees within
the time period during which such building permit(s) remain(s) valid.
3.15.87.3.5. Standards for review of application. The following standards shall be
used in the determination of whether to grant or deny a Certificate of
Public Facility Adequacy. Before issuance of a Certificate of Public
Facility Adequacy, the application shall fulfill the standards for each
Public Facility component (Potable Water, Sanitary Sewer, Solid Waste,
Drainage, Parks and Roads).
3.15.87.3.5.1. Potable water facilities.
3.15.82.3.5.1.1 The Potable Water component shall be granted if any of the following
conditions are met:
3.15.82.3.5.1.2. The required Public Facilities are in place at the time a building permit is
issued.
3.15.87.3.5.1.3. The required Public Facilities are under construction at the time a but~8~
permit is issued.
JAN 7 999
3'1
/-/'-/
3.15.87.3.5.1.4. The required Public Facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
~ '~ ~ ~ 3.15.7.3.5.1.3.
~ '~ ~ ~ ~ ~ 3.15.7.3.5.1.2 and ........1 '~
3.15.82.3.5.2. Sanitary Sewer Facilities.
3.15.87.3.5.2.1. The Sanitary Sewer component shall be granted if any of the following
conditions are met:
3.15.82.3.5.2.1.I. The required Public Facilities are in place at the time a building permit is
issued.
3.15.87.3.5.2.1.2. The required Public Facilities are under construction at the time a building
pennit is issued.
3.15.~.3.5.2.1.3. The required Public Facilities are guaranteed in an enBrce~le
development agreement that includes the provisions of Subsections
o~'~3.15.7.3.5.2.1.1. andv.2 ..... 1.23.15.7.3.5.2.1.2.
3.15.82.3.5.3. Solid Waste Facilities.
3.15.87.3.5.3.1. The solid waste component shall be granted if any of the following
conditions are met:
3.15.87.3.5.3.1.1. The required Public Facilities are in place at the time a building permit is
issued.
3.15.87.3.5.3.1.2. The required Public Facilities are under construction at the time a building
permit is issued.
3.15.87.3.5.3.1.3. The required Public Facilities are guaranteed in an enforceable
development that includes the provisions of Subsections 8.2.5.2.1.1
3.15.7.3.5.3.1.1 and 8.2.5.2.1.2 3.15.7.3.5.3.1.2.
3.15.87.3.5.4. Drainage facilities. The Drainage component shall be granted if the
proposed development has a drainage and water managemgnt plan that has
been approved by the Environmental Services Division that meets the
LOS for Capital Drainage Facilities defined in Subsection 43.22.
3.15.87.3.5.5. Park and Recreation Facilities.
3.15.87.3.5.5.1. The Parks and Recreation component shall be granted if any of the
following conditions are met:
3.15.87.3.5.5.1.1. The required Public Facilities are in place at the time a building~~~
issued.
· JAN ~, 7 1999
3.15.82.3.5.5.1.2. The required Public Facilities are under construction at the time a building
---- permit is issued.
3.15.87.3.5.5.1.3. The required Public Facilities are the subject of a binding contract
executed for the construction of those Public Facilities which provides for
commencement of actual construction within one year of issuance of a
building permit.
3.15.~.3.5.5.1.4. The required public Facilities are guaranteed in an enBrce~le
development agreementthat.includes the provisions of Subsections
g.2.5.5.1.1,8.3.5.5.!.2andg.3.5.5.1.2.3.15.7.3.5.5.1.1..3.15.7.3.5.5.1.2.
~d3,15,7.3.5.5.1.3.
3.15.87.3.5.6. Road Facilities. The Road component shall be considered based upon
whether the proposed development is outside a designated ASI or within a
designated ASI.
3.15.81.3.5.6.1. Development Outside Designated Area of Significant Influence (ASI)or
Where No ASI Exists. For development outside a designated ASI, or
where no ASI exists, the Road component shall be granted.
3.15.81.3.5.6.2. Development Within Designated Area of Significant Influence (ASI). For
development within a designated ASI covering a potentially deficient road
segment, the Road component shall be approved, subject to available
capacity, if it is demonstrated the proposed development will not make the
potentially deficient road segment within the ASIa deficient road
segment. In the instance where the proposed development will create a
deficient road segment, a Certificate of Public Facility Adequacy for the
road component shall be approved only for that portion of the
development that does not create the deficient road segment. For
development within a designated ASI covering a deficient road segment,
the road component shall be approved only for that portion of the
development that does not increase the net trips on the deficient road
segment and does not further degrade the LOS of the deficient road
segment.
(Ord. No. 94-27, §3, 5-18-94)
Sec. 3.15.91t. Liberal construction, severability, and penal provision.
3.15.98.1. The provisions of this division shall be liberally construed to effectively
carry out its purpose in the interest of the public health, safety, welfare and
convenience.
f
--- 3.15.98.2. I any section, phrase, sentence or portion of this division is for ~tny r%~.w~,~au
t
33 ~
provision, and such holding shall not effect the validity of the remaining
portion.
3.15.~8.3. A violation of this division shall be misdemeanor punishable according to
law; however, in addition to or in lieu of any criminal prosecution, Collier
County shall have the power to sue in civil court to enforce the provisions
of this division.
(Ord. No. 94-27, §3, 5-18-94)
3.15 ADEQUATE PUBLIC FACILITIES LDC AMENDMENT/SL/md/H:LDC Cycle 2 - 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 5.7
LDC SECTION: 5.2.11.
CHANGE: Amend Section 5.2.11. Appeal to board of zoning appeals or building board of
adjustments and appeals for the purpose of including appeals to decisions of the count planning
commission where the planning commission is empowered with final decision making authority.
REASON: The Land Development Code grant approval authority to the County Planning
commission for certain types of land uses related petitions. These include preliminary
subdivision master plans and minor revisions to PUD Master Plans. Since the board of county
commissioners is ultimate decision making authority the proposition is made that any decisions
of an administrative official or appointed advisory body should be subject to an appeal from any
aggrieved party. Section 5.2.11. provides for an appeal from the decision of the planning
commission but does not currently include any aggrieved party. This amendment would add
final decisions made by the county planning commission and any aggrieve party as subject to
appeal.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend the LDC as follows:
Sec. 5.2.1 1. Appeals.
As to any land development petition or application upon which the planning commission takes
final action, the petitioner or applicant or ag_m'ieved party may appeal such final action to the
board of county commissioners. An aggrieved or adversely affected party is defined as any
person or _m'oup of persons which will suffer an adverse affect to an interest protected or
furthered by the Collier County Growth Management Plan. Land Development Code, or building
code(s). The board of county commissioners may affirm, affirm with conditions, reverse or
reverse with conditions the action of the planning commission. Such appeal shall be filed with
the development services director within 30 days of the date of the final action by the planning
commission and shall be noticed for heating with the board of county commissioners, as
applicable, in the same manner as the petition or application was noticed for hearing with the
"" planning commission. The cost of notice shall be borne by the petitioner or applicant or __
5.2.11. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
, JAN g 7 1999
1
ORIGIN: Community Development and Environmental Services
AUTHOR: William D. Lorenz, P.E., Director
DEPARTMENT: Natural Resources Department
LDC PAGE NUMBER: LDC5:20
LDC SECTION: 5.13.1
CHANGE: Consolidate the functions of the EAB and the EPTAB into one environmental
advisory board now known as the "Environmental Advisory Council".
REASON: Provides the BCC with a single advisory committee regarding environmental
matters. Allows staff to brief and receive input from only one environmental committee thus
improving staff productivity.
FISCAL & OPERATIONAL IMPACTS: The creation of a single advisory board will
reduce the need for staff to brief two separate boards on environmental issues, especially land
development regulations. The generation of minutes, issuing public notices and other
administrative duties will be reduced. The additional efficiency gained will result in saving the
County approximately $1,000 in staff time.
RELATED CODES OR REGULATIONS: Requires the repeal of Ordinance 91-26 which
established the Environmental Policy Technical Advisory Board (EPTAB).
JAN 2 7 1999
created *" .....k ,~ .....; ......+"' "clio" tec~mical .a.,; .....board ~-~ ~-*~ ~-'
JAN 2 7 1999
After
p../~"/
....................................... -q
,-h,,ll ko ~,I,:,,-,,,~A ~,-,- rk,,1
~1 1~ A ~ TK~ r.h.',;~rr, n,', Phnll ~,~;rl~ nt nil 'n,~-'~f;r,,~t. ~lr fha ]tj2A D Th~ ~,;r.,~ .'.h.~;,.mn~ ,-hnll
elect a new
fha I~ A D ,~k~ll
mant;,-,r, qnr, h ~!,:,r,f;nf,
--- e,~,-513 5 x~.,,; .............
','naaf,;'.nn'o n,~ tha 1,:' A 12
· ,-,, ,-,.,.~ i.,,--,iJv,.,v v-
f, hnll ka ,..,,a,-.aoc, n,,,
o, ............... J
v'~,,',rl;,r,c, an,.4 rlafa. rml.nnt;n,-,r, ThD. E A D ,~.',,, nofnkl;,',h o,',k.'.~t',-,,~lff~ac, ~nmr,,.r;oa,q
· ,,,~,,-,,f::,~ ,,,u ~',..-,.v,,,a,x,.-,.,.,v**o.
{ 1 ~ ~ A I Drill ~qll
~' "' .......... I"F ....... ""~
JAN 2 7 {999
~e;~.ie,,
,..,-- ,.,-.,.,-,.-.,. ',--,., · '~-,~,.u---,,-,.,.-.- 1-,~-,,-:,~,--,-, -, ,-,.,.~.. ....'~1--- ~.. ~- --. ...... .,-.,----~.,-,,.,.., ....1-~,,-
nil A,=,,~,I
;,',fa,.1..xr..-.1 ........fo any ,,a+;f; ...... k;~h ..... + ,, ..... ,,,~A bet;veen the
,-an,,;,-at,
place uhat such appeal shall k~ k~.,$ .....
60 days of the submission of the ..... '
appeal U ....
!ntcnds to use !n ,h!s . pan
com~ ~ cncr~, kn regular ~css~en,
JaN 2 7 1999
Sec. 5.13.1. Establishment of the environmental advisory council.
5, 13,1.1, There is hereby established "The Environmental Advisory Council" which shall
herein be referred to as the EAC. The Environmental Advisory Board is hereby abolished as
of 120 days after the effective date of this amendment or the first meeting of the EAC.
whichever OCCurs earlier. At the date and time of the first meeting of the EAC as provided all
matters still pending before the EAB ipso facto shall be transferred to the EAC and shall be
the first matters of consideration by the EAC.
5.13.1.2, Any references within the Land Development Code to the Environmental Advisory
Board shall now refer to the Environmental Advisory Council.
Sec. 5.13.2. Authority. functions. powers and duties.
5, 13,2, 1, The EAC obtains its jurisdiction. powers. and limits of authority from the board of
county. commissioners. hereinafter referred to as the board. and pursuant to this code. shall act
in an advisory capacity. to the board in matters dealing with the regulation. control.
management. use or exploitation of any or all natural resources of or within the county and the
review and evaluation of specific zoning and development petitions and their impact on those
resources.
5.13.2.2. The EAC will function to:
(1) Advise on the preservation. conservation. protection. management and beneficial
use of the physical and-biological natural resources (atmospheric. terrestrial,
aquatic and hydrologic) of the coun.ty in regard to the safety. health and general
well-being of the public:
/
(2) Advise and assist the county staff and board toward developing the purpose. intent
and criteria of all county. ordinances. policies. programs and other initiatives
dealira, with natural resourceS,
\
(3) Provide written and oral reports directly to the Board regarding recommendations
on matters dealing with the protection of natural resources,
(4) Review and recommend stipulations addressing the preservation. conservation.
protection. management and beneficial use of the county's physical and biol )giCaLAO?E~D,~TEM
natural resources (atmospheric. terrestrial. aquatic and hydrologic) for petiti Dns
JAN 2 7 1999
and/or plans for selected development orders. including but not limited to rezones.
developments of regional impact. provisional use. subdivision master plans and
planned unit development amendments that are directed to the EAC by cOUnty staff,
the board or the provisions of this code.
5.13.2.3. The powers and duties of the EAC are as follows;
(1) Identify_, study. evaluate. and provide technical recommendations to the board on
programs necessary for the conservation. management and protection of air. land.
and water resources and environmental quality. in the county.
(2) Advise the board in establishing goals and objectives for the county'$
environmental conservation and management programs.
(3) Advise the board in developing and revising. as appropriate. local ruleS,
Ordinances. regulations. programs and other initiatives addressing the use,
conservation and preservation of the county's natural resources.
(4) Advise the board in the implementation and development of the growth
management plan regarding environmental and natural resource issues.
(5). Advise the board in identifying and recommending solutions to existing and future
environmental issues.
(6) Serve as the technical advisory committee to advise and assist the county_ in the
activities involved in the development and implementation of the county
.environmental resources management program as stated in Policy 1.1.1 of the
conservation and coastal management element of the growth management plan.
(7) Implement the water policy pursuant to chapter 90. article II of this Code.
(8) Provide an opportunity for public comment on environmental issues. ordinances
and programs.
(9~ Implement the provisions of the conservation and coastal management element of
the county. 's comprehensive plan during the review process for development
petitions and/or plans.
(10) Participate in the review and recommendation process for excavations over
1.000.000 C.Y.. as provided for in division 3.5.
(11) Assist in the implementatiola of any new programs. ordinanCes and/or policies
adopted bv the board of county commissioners which deal with the conserw
JAN g 7 1999
_ p~.
management and protection of air. land. water and natural resources an0
environmental quality. in Collier County.
(12) Provide an appeals forum and process to hear disputes between county staff an,d,
applicants concerning land development projects and recommend proposed
stipulations for project approval or grounds for project denial for board
consideration.
(13) Function as an environmental impact statement (EIS) review board pursuant
division 3.8.
(14) The EAC shall present an annual report to the Board at a regular Board meeting in
May of each year. The report shall list the EAC's achievements for the prior year,
present its objectives for the coming year and highlight environmental issues that
need further study.
Sec. 5.13.3. Membership,
5.13.3.1. Nine members of the EAC shall be appointed by and serve at the pleasure of the
board. Appointment to the EAC shall be by resolution of the board and shall set forth the date
of appointment and the term of office.
5.13.3.2. Vacancies on the EAC shall be publicized in a publication of general circulation
within the county. and vacancy notices shall be posted in the county libraries and cour~ty
courthouse. Along with the applicant responses. the board' s staff shall provide the boar~l with
a list outlining the qualifications and demographic background of each candidate. includin~ the
present members seeking reappointment. Applications submitted within one year Of an
advertised EAB vacancy. may be considered for the current position,
5.13.3.3. Members shall be permanent residents and electors of Collier County. and should be
reputable and active in community service.
5.13.3.4. The primary consideration in appointing EAC members shall be to provide the
board with technical expertise and other viewpoints that are necessary to effectively
accomplish the EAC's purpose. In appointing members. the Board should consitter a
membership guideline of 6 technical members and 3 non-technical members, Technical
members shall demonstrate evidence of expertise in one or more of the following areas related
to environmental protection and natural resources management: air quality. biology (including
any of the subdisciplines such as botany. ecology. zoology. etc.). coastal processes. estuarine
processes. hazardous waste. hydrogeology. hydrology. hydraulics. land use law. land use
planning. pollution control. solid waste. stormwater management. water resources. wildlife
management. or other representative areas deemed appropriate by the boar~l,
5.13.3.5. The initial terms of office of the members of the EAC shall be as follows:
JAN 2 7 1999
5.13.3.5.1. Two members will serve until September 30. 1999;
5.13.3.5.2. Two members will serve until September 30.2000:
5.13.3.5.3. Two members will serve until September 30. 2001:
5,13.3,5.4. Three members will serve until September 30. 2002.
After the initial term of appointment. each appointment or reappointment shall be for a term Of
four years. All terms of office shall expire on the 30th day of September. Terms of office
shall be limited to one term unless waived by the board by a unanimous vote. A member may
be re-appointed by the board for only one successive term and shall apply with other
applicants. Terms shall be staggered so that no more than a minority. of such members'
appointments will expire in any one year.
5.13,3.6. Any member Of the EAC may be removed from office by a majority vote of the
Board of County Commissioners.
5.13,3,7. The Board of County CommissiOners may consider removal of any member of the
EAC in accordance with Ordinance No. 92-44. as amended.
Sec. 5.13.4. Officers and support staff.
5.13.4.1. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms
shall be for one year. with eligibility_ for reelection. The chairman and vice-chairman shall be
elected by a majority vote at the organizational meeting and thereafter at the first regular
meeting of the EAC in October of each year.
5.13.4.2. The chairman shall preside at all meetings of the EAC. The vice-chairman shall
perform the duties Of the chairman in the absence or incapacity of the chairman. In case Of
removal. reSignatiOn or death of the chairman, the vice-Chairman shall perform such duties as
are imposed on the chairman until such time as the EAC shall elect a new chairman. Should
the offices of chairman and/or vice-chairman become vacant. the EAC shall elect a successor
from its membership at the next regular meeting. Such election shall be for the unexpired term
of said office. ~
5.13.4.3. Professional support staff for the EAC Shall be provided by the Community
Development and Environmental Services DivisiOn and such other county staff from elsewhere
within the county_ government as may. from time to time. be requested by the EAC and
deemed necessary by the county administrator,
Sec. 5.13.5. Meetings. quorum and rules of procedure.
5.13~5.1. Regular meetings of the EAC shall be held on the first Wednesday of each = tonth.~pEN°~EM
9:00 a,m. or otherwise as determined by the Community Development and Environme: ttal
JAN 2 7 1999
Services Administrator. in the Commissioner's Meeting Room. Third Floor. Building "F."
Collier County Government Complex. Naples. Collier County. Florida, Special meetings of
the EAC may be called by the chairman or by a majority.. of the membership.
5.13.5,2. A simple majority of the appointed members of the EAC shall constitute a quorum
for the purpose of conducting business. An affirmative vote of five or more members shall be
necessary in order to take official action. regardless of whether five or more members of the
EAC are present at a meeting.
5, 13.5.3. The EAC shall. by majority vote of the entire membership. adopt rules of
procedure for the transaction of business and shall keep a record of meetings. resolutions.
finding~ and determinations. The following standing subcommittees comprised solely of it~
membership shall exist to advance the duties and responsibilities of the EAC:
(1) Growth Management.
The EAC may e~tablish other subcommittees comprised solely of its membership to facilitate
its functions. Meetings of the subcommittees shall conform to the same public notice
requirements as that of the EAC
5.13.5.4. At the regular meetings of the EAC. the following shall be the order of business:
5.13.5.4, 1. Roll call.
5, 13.5,4,2. Approval of the minutes of previous meeting.
5.13.5.4.3. Old business.
5.13.5.4,4, New business,
5.13.5.4.5. Public comments.
5.13.5.4,6. Ad_iourltlment,
Items shall come before the EAC as scheduled On the support staff prepared agenda unless
specific request arises which justifies deviation by the
/
Sec. 5.13.6. Scope of land development project reviews,
The EAC shall review all land development petitions which require an environmental impact.
statement (EIS) per Section 3.8 of the LDC. all developments of regional impact (DRI). lands
with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning
overlays. areas of the county_ covered bv interlocal agreements. any petitions which cannot be
resolved between the applicant and staff and which is requested to be heard by the EAC by
either party and any petition which requires approval of the Collier County planning
commission or the board of county commissioners and staff receives a request for the p
JAN 2 7 1999
to be heard by the EAC from the chairman of the EAC or chairman Of the board of county
commissioners.
Any petitioner may request a waiver to the EAC hearing requirement, when the following
considerations are met: 1) no protected species or wetland impacts are identified on the site,
2) an EIS waiver has been administratively granted. 3~ ST zoning is present and an
administrative approval has been granted or 4~ an EIS was previously completed and
reviewed by Staff and heard by a predecessor Environmental Board. and that EIS is less than
five years old (or if older than five years. has been updated within six months Of submittal)
and the Master Plan for the site does not show greater impacts to the previously designated
preservation areas.
The surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD). are exempt from review
by the EAC.
Sec. 5.13,7. Appeal.
Any person aggrieved by the decision of the county administrator regarding any section of
division 5.13 may file a written request for appeal. not later than ten days after said derision,
with the EAC. The EAC will notify_ the aggrieved person and the county adminiStratOr Of the
date. time and place that such appeal shall be heard: such notification will be given 21 days
prior to the hearing unless all parties waive this requirement. The appeal will be heard by the
EAC within 60 days of the submission of the appeal. Ten days prior to the hearing the
aggrieved person shall submit to the EAC and to the county administrator copies of the data
and information he intends to use in his appeal. Upon conclusion of the hearing the EAC will
submit to the board of county commissiOnerS its facts. findings and recommendationS, The
board of county commissioners. in regular session. will make the final decision to affirm.
overrule or modify. the decision of the county administrator in light of the recommendations of
the EAC.
Sec. 5.13.8. Reimbursement of expenses.
Members of the EAC shall serve without compensation. but shall be entitled to receive
reimbursement for expenses reasonably incurred in the performance of their duties upon prior
approval of the board of county commissioners.
Sec. 5.13.9. Review process.
This board shall be reviewed for major accomplishments and whether the board is serving the
purpose for which it was created once every four years commencing with 2003 in accordance
with the procedures contained in Collier County Ordinance No, 86-41 [COde ch. 2. art. VIII,
div. 2].
JAN g 7 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 6.67
LDC SECTION: 6.3.
CHANGE: Amend the definition of Zero lot line housing to clarify that it applies only to single
family detached housing.
REASON: Development regulations in PUD's which provide for zero lot line housing have
become administratively difficult because their application is unclear. Traditionally zero lot line
housing was instituted to allow creative use of land for single family detached housing structures
on platted lots. This was subsequently extended to multi-family dwelling units when associated
with ownership of the land beneath the structure. Current definitions for single family attached
and two family housing provides for these types of housing to have ownership of land as part of
the housing unit. In view of this it follows that there will be common walls and this zero lot line
development. It is unnecessary to include these as unique development regulations and only the
perimeter development reputations need identification. For these reasons it is administratively
better to single out zero lot line housing standards as applicable only to single family detached
housing structures.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
Amend the LDC as follows:
Zero lot line housing: a single-family attac, hod-~ detached dwelling structure on individually
platted lots which provides a side yard or patio on one side of the dwelling and ~no yard on the
other. (See section 2.6.27.)
6.3. LDC AMENDMENT/RFN/md/H:LDC CYCLE 2-1998 NAo~ENDe~fEM_
JAN ~ 7 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 6.65
LDC SECTION: 6.3.
CHANGE: Amend for the purposes of allowing the setback from the long side of a comer lot to
be equal to one-half (1/2) the required setback, with the exception that in the "E" Estates District
the setback cannot be less than fifteen (15) feet.
REASON: wording of the definition has resulted in conflicting interpretation as to whether the
15 foot minimum applies to all residential zoning districts plus the Estates, or only to Estates
zoning.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
Amend the LDC as follows:
Yard, front: the required open space extending across the entire width of the lot between the
front building line and street right-of-way line. Where double-frontage lots exist, the required
front yard shall be provided on both streets except as otherwise provided for herein.
Where comer lots or record existed prior to the date of adoption of Collier County Ordinance No.
82-2 [January 5,1982], which lots do not meet minimum lot width or area requirements
established in this code, (1) only one full depth front yard shall be required, (2) all other front
yards shall be not less than 50 percent of the otherwise required front yard depth
,~; ....; ........ · ~,~ ~ ,~,n., ~ < c~, exclusive of any right of-way right of-way easement
in t,h,c E eatales aiatrlct except that in the ~ estates district this depth may not be less than t 5 feet
exclusive of any right-of-way or right-of-way easement and the full depth front yard shall be
located along the shorter lot line along the street.
\
In the case of shoulder lots which conform to the minimum lot width and area requirements of
the zoning district, the required front yard adjacent tot he longest street may be reduced by five
feet providing that in no case may this yard be less than 25 feet.
AGENDA ITEM 1
No.
JAN 7 1999
Pq. ~____,
In the case of through lots, unless the prevailing front yard pattern on the adjoining lots indicates
otherwise, a full depth front yard shall be provided on all frontages. Where one of the front yards
that would normally be required on a through lot is not in keeping with the prevailing yard
pattern, the development services director may waive the requirement for the normal front yard
and substitute therefore a special yard requirement which shall not exceed the average of the
yards provided on adjacent lots.
6.3. DEFINITIONS LDC AMENDMENT/RFN/md/H:LDC CYCLE 2 - 1998
JAN g 7 1999
2
pg.
PROPOSED LDC AMENDMENT SUMMARY
A summary of the proposed amendments to the Land Development Code
are as follows:
JAN 2 7 1999
~'--DC SECTION PROPOSED AMENDMENT DSAC CCPC
RECOMMENDATION RECOMMENDATON
2.2.2. This amendment changes the minimum area Recommended for approval Approved as recommended
requirement from 5 acres to 20 acres for with changes to make more
certain agricultural practices as uses understandable revisions made
permitted by right and provides that these
same uses may be allowed as conditional
uses on property less than 20 acres.
2.2.2.4.5. Increaseb height of structures in Ag. DistrictRecommended for approval as Approved as recommended
from 30 feet to 35 feet same as RSF presented by staff
districts.
Sections 2.2.4.1, For the purpose of amending the maximum Recommended for approval as Approved as recommended
2.2.4.4.1, 2.2.5.1, density permitted in residential zoning presented by staff
2.2.5.4.5, 2.2.6.1, districts (expressed in the Purpose and
2.2.6.4.5, 2.2.7.1, Intent, and Maximum Density sections) so
2.2.7.4.5, 2.2.9.1, as to clarify some existing zoned properties
2.2.9.4.5, 2.2.10.1, are not subject to the Density Rating
2.2.10.4.5, 2.2.20.1, System, and to otherwise clarify allowed
2.2.20.3.1.1.1, densities. This amendment does not
2.2.20.3.2.2. increase or decrease permitted density
--- beyond that which has been implemented
since the LDC was adopted in 1991.
2.2.4.4.5 & 2.2.5.4.5 This amendment will allow screen Recommended for approval Approved as recommended
enclosures to assume the same height as the with revision to limit height to
principal structures or 35 feet where same as principal structure but
building heights exceed 3 stories. not more than 35 feet
revisions made.
2.23 - 2.25 This amendment clarifies the distinction Recommended for approval as Approved as recommended
between a duplex and a two family structure presented by staff.
by referencing them in the RMF-6 district
as distinct uses as defined in Article 6.
JAN g 7 1999
2
2.2.13.2.1 & Delete Caretaker's residence as a permitted Recommended for approval as Approved as recommended
2.22.13.2.2 use and place under uses accessory to presented by staff.
permitted uses. Amend the reference to the
criteria for a caretaker's residence from
section 2.6.10 to section 2.6.16.
The C-2 zoning district is the only
commercial district which allows a
caretaker's residence as a permitted use.
All other commercial districts (C-l, C-3, C-
4, C-5) and the Industrial (1) zoning district
allow a caretaker's residence as an
accessory use to permitted uses. The
section reference 2.6.10 is incorrect. The
correct section is 2.6.16. the C-2 zoning
district is the only section where this error
OCCURS.
2.2.14.2.1 Adds Automotive Services as permitted use Recommended for approval as Approved as recommended
to C-3 district (quick lubricating, detailing presented by staff
and window tinting).
2.2.23.3.3 Amend Sub-section 2.2.23.3.3. Airport Recommended for approval as Approved as recommended
Overlay District for the purposes of presented by staff.
qualifying variance application to the Board
of Zoning appeals providing that no
variance may be granted in an airport
hazard area except in compliance with
subsection 333.03(1 )(c) Florida Statutes.
2.3.16 This amendment adds the requirement for Recommended for approval Approved as recommended
bicycle parking facilities at all non- with changes to #4 and #6
residential developments. revisions made.
2.6.7.2 This amendment reduces the amount of Recommended for approval Approved as recommended
time one may park an R.V. vehicle to clean, with further refinement of
load or unload and requires a temporary use Section
permit for a visitor storing said R.V. at a
residence for a period of time not exceeding
7 days.
/
2.7.3.5.2. This amendment provides that the Planning Recommended for approval as Approved as recommended
Services Director makes a recommendation presented by staff.
to the CCPC following a scheduled public
hearing with respect to his determination
and recommendation regarding
insubstantial changes to PUD's.
Division 2.8 (i) clarifies applicability by including (i) Recommended for approval Approved as recommended
industrial uses fronting arterial or collector as presented by staff.
roads (2.8.2)
(ii) Interior parking lot landscaping may (ii) Recommended for Approv~ d as re
not be grass (2.8.3.1.3). approval as presented by staff
3
sion 2.8 (iii) Where parking is provided in excess of (iii) Recommended for Approved as recommended
,.ontinued) 20% of required parking additional approval as presented by staff.
landscaping as provided at Section 2.3.10
applies (2.8.3.1.3).
(iv) Removes setback requirement from (iv) Recommended for Approved as recommended
street for cases where 100% parking is rear approval as presented by staff.
oriented. (2.8.3.1.4)
(v) Requires lighting to be in harmony with (v) Recommended for Approved as recommended
landscaping (2.8.3.2.1). approval as presented by staff.
(vi) Lighting to be consistent in design with (vi) Recommended as Approved as recommended
landscaping through use of colors presented by staff.
(2.8.3.2.4)
(vii) Redefines Service Function Areas (vii) Recommended as
(2.8.3.3) presented by staff
(viii) Clarifies application of buffering and (viii) Recommended as Approved as recommended
screening standards (2.8.3.3.2) approval with changes (new
and used cars)
(ix) Addition of subsection dealing with (ix) Recommended with Approved subject to revision
fences when located forward of the building changes with max. ht. 4 ft. which have been made
(2.8.3.3.3.1). with 12 inch deviation change
made.
(x) Clarifies provision for a single drive (x) Recommended for Approved as recommended
through facility (2.8.3.3.4.2) approval as presented by staff.
(xi) Clarifies provision for establishing (xi) Recommended for Approved as recommended
shade along pedestrian walkways approval as presented by staff.
(2.8.3.4.7)
(xii) Adds provisions for allowing (xii) Recommended for Approved as recommended
automobile dealerships to utilize approval with changes to
prefabricated metal subject to defined shade structures (color).
criteria and provide for car sliading
structures.
(xiii) Revision to Building Orientation (xiii) Recommended for Approved as recommended
Standards relative to the degree plain walls approval as presented by staff.
must be interrupted with windows or fac;ade
treatment (2.8.3.5.2)
(xiv) Adds specification to "fa~;ade (xiv) Recommended for Approved as recommended
standards" to require that attached facades approval with changes to
are architecturally consistent with the make more understandable.
primary fa{;ade (2.8.3.5.4).
4 JAN 2 7 1999
Division 2.8 (xv) Adds window standard which provide (xv) Recommended for Approved as recommended
(continued) that windows shall not be fake or applied approval with changes to
(2.8.3.5.4.1 ). clarify.
(xvi) Adds standards for awnings and (xvi) Recommended for Approved subject to
provides they are limited in applicaton approval with changes to modifications which have
(2.8.3.5.4.2). delete last sentence and revise been made
changes made.
(xvi) Adds provision for overhead doors (xvi) Recommended for Approved as recommended
facing one another as interior space approval as presented by staff
(2.8.3.5:4.3).
(xvii) Clarifies application of standards for (xvii) Recommend for Approved as recommended
features required of primary facades approval with changes.
(2.8.3.5.5.5).
(xviii) Adds specificity and additional (xviii) Recommended for Approved as recommended
features to project standards as applied to approval.
those features (2.8.3.5.6).
(xix) Clarifies treatment of blank walls as (xix) Recommended for Approved as recommended
applying to primary facades as opposed to approvals as presented by
any fa~:ade (2.8.3.5.7.2). staff.
(xx) Revision to standards for repeating (xx) Recommended for Approved as recommended
fa{~ade treatments (2.8.3.5.7.3). approval as presented by staff.
(xxi) Requirements for windows on (xxi) Recommended for Approved as recommended
primary faq:ade extended to all buildings approval as presentd by staff.
(multi-use and single occupant)
(2.8.3.5.8.2.1).
(xxii) Requirement for additional roof (xxii) Recommended for Approved as recommended
change for buildings larger than 50,000 sq. approval as presented by staff.
ft. (2.8.3.5.10.2).
(xxiii) Revisions to roof treatment and (xxiii) Recommended for Approved as recommended
design (2.8.3.5.10.3). approval as presented by staff.
(xxiv) Adds requirement that front entry be (xxiv) Recommended for Ap~roved as recommended
set back from driveway 15 foot approval as presented by staff.
(2.8.3.5.11.2.1).
(xxv) Adds provision to require minimum (xxv) Recommended for Approved as recommended
setback from driveway to front entry of any approval as presented by staff.
building in multiple use building project
(2.8.3.5.11.2).
(xxvi) Adds requirement for front entry (xxvi) Recommended for Approved as recommended
setback for multiple use buildings approval as presented by staff AGENDA ITEM
(2.8.3.5.1 1.2.2).
JAN g 7 1999
5
Pg- _
sion 2.8 (xxvii) Further clarifies the use of colors (xxvii) Recommended for Approved as recommended
~continued) (2.8.3.5. i 2.3.1 ). approval as presented by staff.
(xxviii) Adds the same amendments to (xxviii) Recommended for Approved as recommended
buildings and project under 20.000 sq. ft. approval as presented by staff.
(xxix) Adds provisions for allowing (xxix) Recommended for Approved as recommended
automobile dealerships to utilize approval as presented by staff.
prefabricated metal subject to defined
criteria and provide for car shading
structures.
(xxx) Amends requirements for prohibited (xxx) Recommended for Approved as recommended
colors (2.8.3.5.12.3.1 ). approval with changes to
shade structures (color).
(xxxi) Amends improvements to be made (xxxi) Recommended for Approved as recommended
in conjunction with man-made bodies of approval as presented by staff.
water (2.8.7.4).
(xxxii) Amendments for buildings under (xxxii) Recommended for Approved as recommended
20,000 square feet, repeals the above approval as presented by staff.
modifications (2.8.4).
2k2.8.4.8. Amendment to change reference standard Recommended for approval as Approved as recommended
from National Fire Underwriters to Fire presented by staff.
Suppression Rating Schedule of the
Insurance Service Office
Division 3.3 This amendment is intended to repeal the Recommended for approval as Approved as recommended
current regulations and replace them with presented by staff.
the same requirements however having the
effect of removing the distinction between
minor and major submissions and
preliminary approvals in favor of one final
approval submission. This recognizes
actual practice for the past several years.
The opportunity to obtain at the petitioners
request a conceptual approval is provided.
Division 3.15 The Adequate Public Facilities Ordinance Recommended for approval as AplSroved as recommended
(APFO) is being amended to reflect 1995 presented by staff.
organizational changes in the
Environmental Services and Community
Development Division which resulted in the
combination of the Growth Management
and Long Range Planning Sections into the
Comprehensive Planning Section. As a
result, the position of Growth Management
Chief was eliminated and the authority
"- delegated to that position in the APFO has
accrued to the Division Administrator. NOAGEN~ITEM
Also, other minor corrections and updates
reflecting BCC actions are included. Ifikl 9 '/1QQQ
6
5.2.1 1. Extends the right of appeal to any aggrieved Recommended for approval as Approved as recommended
party. presented by staff.
Division 5.13 This amendment serves to abolish the EAB Recommended for approval as Approved as recommended
and create the EAC and introduces policies presented by staff.
to more fully address the functions of the
EAC.
Division 6.3 Defines zero lot line housing as single Recommended for approval as Approved as recommended
family detached housing and deletes duplex presented by staff.
definition.
11/18/98 PROPOSED LDC AMENDMENT SUMMARY/RFN/md
JAN 2, 7 1999
7
ORDINANCE NO. 98-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; ARTICLE 3, DIVISION J.2, SUBDIVISIONS;
DIVISION J.3. SITE DEVELOPMENT PLANS; DIVISION 3.15.
ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION
MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2,
PLANNING COMMISSION, DIVISION 5.13. ENVIRONMENTAL
ADVISORY BOARD; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF
ZERO LOT LINE HOUSING, FRONT YARD, AND DUPLEX;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION
FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
WHEREAS. on October 30. 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102. the Collier County Land Development Code (heroinafter LDC), which has been
subsequently amended: and
WHEREAS. the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1.. LDC: and
WHEREAS. this is the first amendment to the LDC. Ordinance 91 - 102. in this calendar year; and
WHEREAS. on March 18. 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC: and
WHEREAS. all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners. in a manner prescribed by law, did hold
advertised public hearings on 1998 and 1998, 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:
JAN g 7 1999
Words s*..".:c~ :hrc::F,h are deleted, words underlined are added. t/Tt~
I ., Pg. ,
SECTION ONE: RECITALS
The tbregoing recitals are true and correct and incorporated by rel~rence herein as if fully set
forth.
SECTION TWO: F|NDINGS 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.~q., Fla. Star.. the Florida Local Government
Comprehensive Planning and Land Development Regulations 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. Stat.. provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations l~r the total unincorporated area shall be
based on: be related to. and be a means of implementation 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. Slat.. 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 sea. Fla. Star.. and Rule 9J-5. F.A.C.
7. Sec. 163.3194(1)(a). Fla. Slat., mandates that after a Comprehensive Plan. or element or
portion thereof has been adopted in conformity with the Act. all development undertaken by. and all
actions taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a). Fla. Star.. a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses. densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
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.
1 I. Collier County finds that the Land Development Code is inten led an io
preserve and enhance the present advantages that exist in Collier County: encourag: the most appropriate
use of land. water and resources. consistent with the public interest: overcome pres~. lan~ ~w~in the
effectively with future problems that may result from the use and development ,t ha ~ p~,a?d
Words s.'T',:r,k thr~.::g~ are deleted, words underlined are added.
unincorporated are of Collier County and it is intended that this Land Development Code preserve.
promote, protect. and improve the public health. sali:ty, comli~n, 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
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Star., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2. Zoning Districts. Permitted Uses. Conditional Uses. Dimensional Standards,
of 0rdinance 91-102. as amended. the Collier County Land Development Code, is hereby amended
to read as li311ows:
DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
D!I~IENSIONAL STANDARDS
Sec. 2.2.2. Rural agricultural district (A).
'~ ~ '~ '~ 1 Permitted uses.
2. Agricultural activities. including, but not limited to: crop raising;
horticulture; fruit and nut production: ti3restry: groves; nurseries;
ranching beekeeping; poultry. and egg production_.-: milk production=~
livestock raising= :and and aquaculture Ii3r native species subjedt to
State of Florida game and freshwater fish commission permits. The
following permitted uses shall only be allowed on parcels 20 acres in
size or greater: dairying, ranching. animal breeding, raising, training,
stabling or kenneling. This is not to preclude an individual property
owner from the keeping of fowl or poultry. not to exceed 25 in total
number. and the keeping of horses and livestock {except for hogs) not
to exceed two such animals for each acre. and with no open feedlots,
ti~r personal use and not in association with a commercial agricultural
activity on parcels less than 20 acres in size.
3. Wholesale reptile breeding and raising (non-venomous). subject to
the following standards:
a. Minimum ~/i twentv acre parcel size:
b. Any roofed structure used for the shelter and/or feeding of
such reptiles shall be located a minimum of 100 feet from
any lot line.
'~ '~ '~ 3 Conditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A). subject to the standards
established in division 2.7.4.
Words ::.-.:"'!: :.h.r:"gb are deleted. words underlined are added.
3
pa. .
6. Wholes.ale reptile breeding or raising (venomous) .subject to
the lbllowing standards:
a. Minimum 20 acre parcel size.
b. Any roofed structure used for the shelter and/or feeding of
such reptiles shall be located a minimum of 100 feet from
any lot line.
24_.~. Dairying, ranching, livestock raising, poultry and egg production,
milk production, livestock raising, animal breeding. raising, training,
stabling or kermeling on parcels less than 20 acres in size. This is not
to preclude an individual property owner from the keeping of fowl or.
poultry, not to exceed 25 in total number, and the keeping of horses
and livestock {except for hogs) not to exceed two such animals for
each acre, and with no open feedlots, for personal use and not in
association with a commercial agricultural activity on parcels less
than 20 acres in size.
2.2.2.4. Dimensional standards. The following dimensional standards shall apply to all
permitted. accessory, and conditional uses in the rural agricultural district (A).
2.2.2.4.5. Maximum height. :34) 35 feet. except as provided in section 2.6.3.
See. 2.2.4. Residential single-family districts (RSF).
2.2.4. I. Purpose and intent. The purpose and intent of the residential single-family
districts (RSF) is to provide lands primarily for single-family residences.
These districts are intended to be single-family residential areas of low
density. The nature of the use of property is the same in all of these districts.
Variation among the RSF-I. RSF-2, RSF-3. RSF-4. RSF-5 and RSF-6
districts is in requirements for density, lot area. lot width, yards. height, floor
area, lot coverage, parking, landscaping and signs. Certain structures and
uses designed to serve the immediate needs of the single-family residential
development in the RSF districts such as governmental. educational,
religious. and noncommercial recreational uses are permitted as conditional
uses as long as they preserve, and are compatible with the single-family
residential character of the RSF district[s]. The RSF districts correspond to
and implement the urban mixed use land use designation on the future land
use map of the Collier County growth management plan. The maximum
densit>' permissible in the residential-single family districts and the urban
mixed use land use designation shall be guided. in pan. by the density rating
system contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a
district shall not exceed the densit)' permissible under the density rating
system, except as permitted by policies contained in the future land use
element.
2.2.4.4.1. Maximum density.
I. RSF-1: One unit for each gross acre.
2. RSF-2: Two units for each gross acre.
3. RSF-3: Three units for each gross acre.
4. RSF-4: Four units for each gross acre.
5. RSF-5: Five units for each gross acre.
6. RSF-6: Six units for each gross acre.
Actual maximum density shall be determined through the application of the
density rating system established in the Collier County growth mana el~nt~fEu
plan, or applicable policies contained in the future land use elel nen ~P:Pt°h -
t e
plan, not to exceed the above specified density for each distric
JAN g 7 1999
2.2.4.4.5. Maximum height.
Words c~_'ck t~rc'_'g.~. are deleted, words underlined are added.
4
1. Principal structures. '35 feet.
2. Accessor.}, structures. 20 feet except for screen enclosure structures
which may be the same hei.~ht as the principal structure.
Sec. 2.2.5. Residential multiple-family - 6 district (RMF-6).
2.2.5.1. Purpose and intent. The purpose and intent of the residential multiple-
family-6 district (RMF-6) is to provide for single-family, two-family and
multifamily residences having a low profile silhouette. surrounded by open
space, being so situated that it is located in close proximity to public and
commercial services and has direct or convenient access to collector and
arterial roads on the county major road network.
The RMF-6 district corresponds to and implements the urban mixed use land
use designation on the future land use map of the Collier County growth
management plan. The maximum density permissible in the RMF-6 district
and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier
County growth management plan. The maximum density permissible or
permitted in this district shall not exceed the density permissible under the
density rating system. except as permined b,r' policies contained in the future
land use element.
2.2.5.4. Dimensional standards: The following dimensional standards shall apply
to all permitted housing structure types. accessory, and conditional uses in
the RMF-6 district.
2.2.5.4.1. Minimum lot area.'
Single-Family:6.500 square feet except as provided at Section 2.2.5.4.7.
and 2.6.27.
Duplex: 12.000 square feet except as provided at Section 2.6.27
Two-Familv: !2.099 6.000 square feet per dwelling unit except as provided
at Section 2.6.27
Three or more Dwelling Unit Structures: 5,500 square J~et per dwelling unit
except as herein further provided.
2.2.5.4.2. Minimum Lot Width:
Single-Family: 60 feet
Duplex: 80 feet
Two Family: 80 feet combined lot width.
Three or more D~'elling Unit Structures: 100 feet
2.2.5.4.3. Minimum Yard Requirements (except as further provided at Section
2.6.27.)
The following minimum yard requirements are in relation to platted
boundaries:
Front Yard D ....;-~ Side Yard Rear Yard
One (Single) Family - 25' 7 V2' 20'
Dwelling Units
Duplex 25' 10' 20'
Dwelling Units
Two Unit/Family 25' 10'* 20'
Dwelling Units
Three or More Family 30' 15'* 20'
Dwelling Units dru~ZU~lien.
yards are meas t i i t JAN 2 7 199g
Words at.-~c!: :.h.r~'-'g.". are deleted. words underlined are added.
5
""' 2.2.5.4.4. Maximum height of structures.
· 1. Principal structures. Three habitable floors.
2. Accessor3., structures. 15 feet except for screen enclosure structures
which may be the same height as the principal structure but in no
event greater than 35 feet.
' 2.2.5.4.5. Maximum densir)'. Actual maximum density shall be determined through
application of the density rating system established in the Collier County
growth management plan, or applicable policies contained in the future land
use element, not to exceed six dwelling units per gross acre.
2.2.5.4.7. Development Standards for Non-Conforming Lots of Record:
Nothing herein contained shall prohibit the use of a platted lot of record for a
single family detached dwelling unit. irrespective of its dimensional and area
measurements. Combinations of platted lots of record are otherwise
permitted to achieve the minimum dimensional and area requirements for
each housing structure type as described in the foregoing sections,, except
that the number of dwelling units that may be constructed on any lot of record
(the original platted lot) shall be determined by dividing the area of the lot by
6,500 square feet being the minimum lot area for each dwelling unit and
further providing that when calculating the density on these non-conforming
lots. a fractional unit of 0.50 or greater of a unit shall entitle the applicant to
an additional unit.
Section 2,2,6 Residential multiple-family-12 district (RMF-12),
2.2.6.1. Purpose and intent. The purpose and intent of the residential multiple family
- 12 district (RMF-12) is to provide lands for multiple-family residences
having a mid-rise profile. generally surrounded by lower structures and open
space, located in close proximity to public and commercial services, with
direct or convenient access to collector and arterial roads on the county' major
road network. Governmental, social. and institutional land uses that serve the
immediate needs of the multiple-family residences are permitted as
conditional uses as long as they preserve and are compatible with the mid-rise
multiple-family character of the district. The RMF-12 district corresponds to
and implements the urban mixed use land use designation on the Ii~ture land
use map of the Collier County growth management plan. The maximum
density permissible in the RMF-12 district and the urban mixed use land use
designation shall be guided. in part. by the densit>' rating system contained in
the future land use element of the Collier Count>' growth management plan.
The maximum density permissible or permitted in the RMF-12 district shall
not exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element.
2.2,6.4.5. Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County
growth management plan. or applicable policies contained in the future land
use element, not to exceed 12 units for each gross acre.
Section 2,2,7 Residential multiple-family-16 district (RMF-16),
2.2.7.1. Purpose and intent. The purpose and intent of the residential multiple- ,,
~ family-16 district (RMF-16) is to provide lands for medium lF6high t!~ ~
Itt I ~ . ,
mu p e- arefly residences, generally surrounded by open sF ace, locate~I in
close. proximity to public and commercial services. with dire ct or convenient
access to te al and nector roads on the county major net3 / . 2 7 1999
Governmental. social, and institutional land uses that serve t: immediate
Words s.,'r'.:ck :,h. rcuE, h are deleted. words underlined are added.
needs of the multiple-family residences are permitted as conditional uses as
long as the5' preserve and are compatible with the medium to high density
multiple-family character of the district. The RMF-16 district corresponds to
and implements the urban mixed use land use designation on the future land
use map of the Collier County growth management plan. The maximum
density permissible in the RMF- 16 district and the urban mixed use land use
designation shall be guided. in pan. by the density rating system contained in
the future land use element of the Collier County growth management plan.
The maximum density permissible or permitted in the RMF-16 a district shall
not exceed the density permissible under the densit>' rating system, except as
permitted by policies contained in the future land use element.
2.2.7.4.5. Maxirnum density. Actual maximum densit}' shall be determined through
application of the density rating system established in the Collier County
growth management plan, or applicable policies contained in the future land
use element. not to exceed 16 dwelling units for each gross acre.
Section 2.2.9 Village residential district (VR).
2.2.9.1. Purpose and intent. The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist.
Additionall>'. uses are located and designed to maintain the village residential
character of the VR district. The VR district corresponds to and implements
the mixed residential land use designation on the lmmokalee future land use
map of the Collier Count}' growth management plan. It is intended for
application in those urban areas outside of the coastal urban area designated
on the future land use map of the Collier Count}, growth management plan:
though there is some existing VR zoning in the coastal urban area. The
maximum density permissible in the village residential district and the urban
mixed use land use designation shall be guided. in part. by the density rating
system contained in the future land use element of the Collier County growth
management plan. The maximum densit}' permissible or permitted in the VR
a district shall not exceed the density permissible under the density rating
system. except as permitted bv policies contained in the t~ture land use
element. or as designated on the Immokalee t~ture land use map of the
growth management plan.
2.2.9.4. Dimensional standards. The following dimensional standards shall apply to
all permitted. accessoD'. and conditional uses in the village residential district
(VR).
Single-Fanli0' Duplex .'~hdtiple-Famt~ Accesson' Conditional
Dwethng and D~.ellinl~ Uses Uses
.%lobde Home
5 Maximum densiD 7.26 units/cross 8.7| unitsteross 1452 units/gross N'A N/A
,As Aclual maximum density shall be determined throueh the application ol'b~. the density rating
system. or applicable policies contained in the future land use element. or the Irnmokalee l~ture land
use map established in the Collier County growth management plan. not to exceed the above specified
densit~ tbr each use. I~ ::m:~ :~r each acre.
Section 2.2.10 Mobile home district (MH).
2.2.10. 1. Purpose and intent. The purpose and intent of the mobile home district (MH)
is to provide lands for mobile homes that ensure the}' are consistent and
/ compatible with surrounding land uses. The MH district corresponds to and
implements the urban mixed use land use designation on the future land use
map of the Collier County growth management plan. The maxi mum dca~il,.~A
permissible in the mobile home district and the urban mixed usi land t~°e
. , S S
designation shall be guided. in part. by the density rating y ten contained in
-- the future and .se element of the Collier County growth 2 7 1999
Words ~,.*r_'ck =hr="~h are deleted, words underlined are added.
Po.
The maximum density permissible or permitted in the MH a district shall not
_--- exceed the density permissible under the density rating system. except as
permitted by policies contained in the future land use element. or as identified
in the lmmokalee future land use map of the growth management plan
2.2.10.4.5. Maximum density. Maximum density shall be determined through
application of the density rating system established by the Collier County
growth management plan, or applicable policies contained in the future land
use element, not to exceed 7.26 units per gross acre ( 1 unit per 6.000 square
feet of land area) - except as provided for legal non-conforming lots of record
in Section 2.2.10.4.1.
Section 2.2.13. Commercial Convenience District (C-2).
2.2.13.2.1. Permitted uses.
A r~ .....t,~., ....;,~ ....~;ect re, =ectic, n 2.6. tO.
--5~_. Eating places (5812 except contract feeding. dinner theaters, food
service (institutional), industrial feeding).
65. Food stores (groups 5411 except supermarkets. 5421--5499).
-7-62_. Gasoline service stations (5541 subject to section 2.6.28).
g2. General merchandise stores (5311--5399).
~)8. Group care facilities (category I and II, except for homeless shelters);
care units, except for homeless shelters; nursing homes; assisted
'~ living facilities pursuant to § 400,402 F.S. and ch. 58A-5 F.A.C.: and
continuing care retirement communities pursuant to § 651 F.S. and ch.
4-193 F.A.C.: all subject to section 2.6.26.
4-09. Hardware stores (5251 ).
4410. Health services (groups 8011--8049, 8082).
-I-2-_1--1.Home furniture. furnishing and equipment stores (groups 5713--5719.
573 l--5736).
4~12. Libraries (8231 ),
441--3. Miscellaneous repair services. except aircraft. business and office
machines, large appliances. and white goods such as refrigerators and
washing machines (7629o-7631).
4-51--4.Miscellaneous retail services (5912, 5942--5961).
4.61.~5.Museums and art galleries (8412).
441._fi6.Paint, glass and wallpaper stores (5231).
4-g 1--7.Personal services (groups 7212, 7215, 7221 --7251. 7291 ).
44t1__8.Security and commodity brokers. dealer, exchanges and services
(groups 6211--6289).
/ -2-01--9. United States Postal Service (4311 except major distributic Ccent GEND ITEM
~l-2_.Q0. Veterinary services (0742 excluding outside kenneling).
JAN 2 7 1999
Words z..*r'.:;k :Srz"g.~. are deleted, words underlined are added.
8
Po.._ZZZ--__
~2-_21. Videotape rental (7841).
_-2-~22. Any other convenience commercial use which is comparable in nature
with the foregoing uses including buildings for retail. service and
office purposes consistent with the permitted uses and purpose and
intent statement of the district.
2.2.13.2.2. Uses accessory to permitted uses.
3. Caretaker's residence, subject to section 2.6.16.
Section 2.2.14. Commercial intermediate district (C-3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory. stores (groups 5611--5699).
3. Auto and home supply stores (5531 ).
4_. Automotive services (7549).
~ 7y~..7338,
~ 5_:. Business services (groups 7311,7~13. ,, 7361--7379, 7384, 7389
except auctioneering service. field warehousing, bottle labeling, packaging
and labeling. salvaging of damaged merchandise. scrap steel cutting and
slitting).
Eating places (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
6:.7--. Food stores (groups 5411--5499).
~.8_. General merchandise stores (groups 5311 --5399).
g:.9_. Group care facilities (category 1 and II. except for homeless shelters); care
units. except lbr homeless shelters: nursing homes: assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.: and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
~.10~ [Reserved.]
4~.11.._: Home fumiture. furnishing, and equipment stores (groups 5712--5736).
4-b. 12_...~. Libraries (8231 ).
4-:~..13_~. Marinas (4493), subject to section 2.6.22.
-I-~.14~ Membership organizations (8611--8699).
44:.15~ Miscellaneous repair services (groups 7629--7631 ).
-I-~.16_~. Miscellaneous retail (groups 5912--5963 except pawnshops and building
materials. 5992--5999). ] NAOGENDA~EM
4-6:.17._=. Museums and an galleries (8412).
4-%.18; Nondepository, credit institutions (groups 6111--6163). J~IXI 2 7'i999
Words st.-,:~k ',krc"gk are deleted, words underlined are added.
9 . __-
4&. l 9__:. Paint. glass and wallpaper stores (5231).
4-9:.20.._: Personal services (groups 7211, 7212. 7215.7216 nonindustrial dry. cleaning
only. 7221--7251. 7291).
_-24~.21_.= Public administration (groups 9111--9199. 9229, 9311. 9411--9451,
9511--9532.9611--966l).
~1~.22._= Retail nurseries, lawn and garden supply stores (5261).
-2-~..23__.:. Veterinary services (groups 0742, 0752 excluding outside kennellag).
4~.24_.~. Videotape rental (7841).
~-4=25__:. United States Postal Service (4311 except major distribution centers).
_-24:.26_.= Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this code.
_26:.27__,. Any other general commercial use which is comparable in nature with the
~bregoing uses including buildings for retail. service and office purposes
consistent with the permitted uses and purpose and intent statement of the
district.
Section 2.2.20 Planned unit development district (PUD).
2.2.20.1 Purpose and intent. The purpose and intent of establishing the planned unit
development district (PUD) is to provide procedures and standards to
encourage mixed use planned developments that may be instituted at
appropriate locations. or planned developments that may or may not be mixed
use in the urban fringe areas, all in accordance with the planning and
development objectives of the county under the code and the growth
management plan. It is further the purpose and intent of these PUD
regulations to encourage ingenuity, innovation and imagination in the
planning, design, and development or redevelopmeat of relatively large
tracts of land under unified ownership or control. PUDs produced in
compliance with the terms and provisions of this code and the growth
management plan may depart from the strict application of setback. height.
and minimum lot requirements of conventional zoning districts while
maintaining minimum standards by which flexibility may be accomplished.
and while protecting the public interest. so that:
1. A more creative approach may be taken to the development of
contiguous tracts of land and to encourage development of in~ll
parcels of contiguous tracts of land in certain circumstances.
2. A more desirable environment may' be accomplished than would be
possible through strict application of the minimum requirements of
this zoning code.
3. Land may be used more efficiently. resulting in smaller networks of
utilities and streets with consequent lower construction and future
maintenance costs.
4. The impact of a particular PUD on the present and projected
population. economy, land use pattern. tax base. street sy: ;tcm,
public facility network(s) of the county mav be carefully
.
relative to the various costs and benefits that may be ass~ :iated with
such development. JAN e 7 1999
Words :~.:'-'k *.kre"gk are deleted, words underlined are added.
I0
5. The development employs techniques featuring amenities and
excellence in the form of variations in siting, mixed land uses and/or
varied dwelling types. as well as adaptation to and conservation of the
topography and other natural characteristics of the land involved.
Exceptions to variations in siting, mixed land uses and/or varied
dwelling types may be granted on PUD in~ll development.
The maximum density permissible in the PUD district and the urban mixed
use land use designation shall be guided. in part. by the density' rating system
contained in the future land use element of the Collier County' growth
management plan. The maximum density permissible or permitted in a PUD
a district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use
element. Anything to the contrary. notwithstanding, all PUD development
shall be consistent with the Collier County growth management plan.
2.2.20.3.1.1 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 dMding 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. industrial. or other land use
having an established equivalent residential density in this Land
Development Code. The maximum density permissible or permitted
in a PUD shall not exceed the density permissible under the density
rating system. or applicable policies contained in the future land use
element.
2.2.20.3.2 Mull!family entry level rental housing areas.
2. McL~imum density. The maximum residential density permissible
shall be guided. in part. by the density rating system contained in the
tXtture land use element of the growth management plan. The
maximum density permissible or permitted shall not exceed the
density permissible under the density rating system. except as
permitted bv policies contained in the future land use element.
Sec. 2.2.23 Airport overlay district (APO): special regulations for specified areas in and around the
airports in Collier Count).'.
2.2.23.3.3. l~ariances. Any person desiring to erect or increase the height of any structure or
use his propen>' not in accordance with the regulations prescribed in this ordinance
may apply to the board of zoning appeals for a variance from such regulations
pursuant to section 2.7.5. except as provided by subsection 333.03(1)(c}, Florida
Statutes.
SUBSECTION 3.B: AMENDMENTS TO OFF-STREET PARKING AND LOADING
Division 2.3., Off-Street Parking and Loading. of Ordinance 91-102. as amended,
the Collier County Land Development Code. is hereby amended to read as follows:
DIVISION 2.3. OFF-STREET PARKING AND LOADING
Sec. 2.3.16. Off-street parking and stacking; required amounts. NOAGEND~.4TEM
2.3.16. t. Bicycle parking [or non-residential developments.
JAN 7 1999
Words st.-.:ck t~rc"g~ are deleted. words underlined are added.
11
1. Provisions for the safe and secure parking of bicycles shall be
furnished at a ratio of five percent of the requirements for
motor vehicles as set forth in Sec. 2.2.16. but not to exceed a
ratio of 10% of the required number of parking spaces. A
minimum of two bicycle parking spaces shall be provided.
2. A bicycle parking facility suited to a single bicycle ("parking
space") shall be of a stand-alone inverted-U design measuring
a minimum of 36 inches high and 18 inches wide [of 1½ inch
Schedule 40 pipe, ASTM F 1083] bent in one piece ("bike
rack") mounted securely to the ground [by a 3/8 inch thick
steel base plate, ASTM A 36] so as to secure the bicycle frame
and both wheels.
3. Each parking space shall have a minimum of three feet of
clearance on all sides of the bike rack.
4. Bicycle spaces shall be paved, lighted and located no greater
than 100 feet from the main building entrance.
5. Extraordinary bicycle parking designs which depart from the
bike rack standard but are consist with the development's
design theme shall be considered bv the County architect.
Bike racks which function without securing the bicycle frame,
require the use of a bicycle kick stand. or which may be freely
reoriented are not allowable.
6. Substitutions of up tO five percent of the parking required by
section 2.3.16. are allowable by providing additional bicycle
parking on a five-to-one basis.
SUBSECTION 3.D: Amendments to Supplemental Regulations Division
Division 2.6.. Supplemental District Regulations. of Ordinance 91-102. as amende& the Collier
County Land Development Code. is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
See. 2.6.7. Parking and storage of certain vehicles.
2.6.7.2. Parking, storage or use of major recreational equipment.
2.6.7.2.1. No recreational equipment shah be used t~>r living, sleeping, or housekeeping
purposes when parked or stored on a residentially zoned lot.-residential
districts, or any location not approved for such use. In districts permitting
single-family homes or mobile homes. major recreational equipment may be
parked or stored only in a rear yard. or in a completely enclosed building, or
in a carport. or on davits or cradtcs adjacent to waterways on residcntially
zoned property; provided, however, that such equipment may be parked
anywhere on residential premises, other than on County rights-of-way or
right-of-way easements for a period not to exceed ~4 6 hours ~u~ng within a
time period of seven (7) days for loading and unloading, and/or cleaning prior
to or after a trip. For the purpose of this section the rear yard for a comer lot
shall be considered to be that portion of the lot opposite the street with the
least frontage. For through lots the rear yard shall be considered to be that
portion of the lot lying between the rear elevation (by design) of the residence
and the street.
2.6.7.2.2. The following exceptions may be granted by the site development review
director:
1. Such recreational equipment may be parked upon the ~remi~sG~
resident for a period not exceeding seven days for the purpose of
temporary use permit must be obtained to authorize .
Words a:r::k :.h. re'.:'g.': are deleted, words underlined are added.
12
permit for such period shall be affixed to the vehicle in a conspicuous
place on the street side thereof. No more than two consecutive
permits may be issued and the maximum number of permits issued
during one calendar year shall be restricted to four.
2. Nonresident: SuCh car. trailer. bus or motor home. when used for
transportation of visitors to this count>' to visit friends or member of
the visitor's family residing in this Count>, may be parked upon the
premises of the visited family for a period not exceeding seven days.
A temporary use permit must be obtained to authorize this activity.
The permit for such period shall be affixed to the vehicle in a
conspicuous place or on the street side thereof. This does not allow
for living, sleeping, or housekeeping purposes. No more than two
consecutive permits may be issued and the maximum number of
permits issued during one calendar year shall be restricted to four.
SUBSECTION 3.D: AMENDMENTS TO ZONING ADMINISTRATION AND PROCEDURES
DIVISION
Division 2.7.. Zoning Administration and Procedures. of Ordinance 91-102. as amended, the
Collier County Land Development code. is hereby amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.3. Planned Unit Development (PUD) procedures.
Sec. 2.7.3.5.2.
SUBSECTION 3.E: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR COMMERCIAL
BUILDINGS AND PROJECTS DIVISION.
Division 2.8., Architectural and Site Design Standards and Guidelines for Commercial Buildings
and Projects. of Ordinance 91-102. as amended, the Collier County Land Development Code. is hereby
amended to read as follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS.
Sec. 2.8.2. Applicability.
Provisions of this division are applicable in all commercial zoning districts. commercial
components of PUD districts, ira4 DRIs. and business park districts. industrial zoned areas
fronttrig on arterial or collector roads as described bv the Transportation Circulation Element
to the ~rowth management plan, as provided below:
Renovations and redevelopment: In the case o s or r, lo,
2.8.2.1. faddirt n AGEENDA
renovations to, or redevelopment of, an existing build ng or project.' '
where the cost of such addition. renovation. or rede~, e opment exceeds
50 percent of the value of the existing structure(s), or 0 pe, l~o~
Words zr.:'.ck *_h.:z::g~ are deleted, words underlined are added.
13
the square footage of the existing structures. the provisions of this
division shall apply.
2.8.2.2. Discontinuance: The provisions of section 1.8.3.3. of this code do not
apply to the provisions of section 2.8. which require structural
alterations and are superseded by the Ibllowing. Where the use of a
structure ceases for any reason. except where governmental action
impedes access to the premises. for a period of more than 365
consecutive days, the provisions of this code which may require
structural alterations shall be adhered to prior to reoccupancy of the
structure. With respect to vehicular use and required landscape areas,
the provisions of this section shall apply where the use of a structure
ceases for any reason, except where governmental action impedes
access to the premises, for a period of more than 180 consecutive
days.
2.8.2.3. Required site development or improvement plan. Compliance with the
standards set forth in this division shall be demonstrated by submittal
of architectural drawings and a site development plan or site
improvement plan in accordance with division 3.3 of this code.
2.8.2.4. Iljustrations. Iljustrations provided in division 2.8. are intended to
provide a graphic example of a specific provision or provisions set
forth herein. Variations from these iljustrations which nonetheless
adhere to the provisions of this division, are encouraged.
Sec. 2.8.3. Architectural and site design standards and guidelines for commercial
buildings and projects with a gross building area of 20,000 square feet
or larger.
Compliance with the standards set lbHh in this section shall be
demonstrated by submittal of architectural drawings and a site
development plan in accordance with division 3.3 of this code.
2.8.3.1. Off street parking design. As provided for in division 2.3. and subject
to the following provisions:
2.8.3.1.2. Purpose and intent. Commercial buildings and projects. including
their outparcels shall be designed to provide safe. convenient. and
efficient access for pedestrians and vehicles. Parking shall be
designed in a consistent and coordinated manner for the entire site.
The parking area shall be integrated and designed so as to enhance the
visual appearance of the community.
2.8.3.1.3. Design standards. Parking, utilizing the same degree of angle, shall
be developed throughout the site to provide efficient and safe traffic
and pedestrian circulation. A single bay of parking provided along the
perimeter of the site may vary. in design in order to maximize the
number of spaces provided on-site. The mixture of one-way and two-
way parking aisles, or different degrees of angled parking within any
parking area is prohibited. except as noted above. or where individual
parking areas are physically separated from one another by a
continuous landscape buffer. a minimum five feet in width with
limited access. Landscape buffers for these locations shall use
landscape material other than grass tbr separation of parking areas.
(See Iljustrations 1 and 2)
AGENDA ITEM
J A N 2 7 1999
Words s,.':'::ck :hrc"gh are deleted, words underlined are added.
14
Iljustration 1
2.8.3.1.3.1. - .%laximum Parking.' Parking in excess of the minimum parking
requirements bv twentv (20} percent shall provide additional
landscaping as described in section 2.3.10. of the LDC.
2.8.3.1.4. Parking for ;i::g!c :~;c projects. c:_M ..... Projects shall be designed
to adhere to the following standards:
(a)lnterior lots. No more than 50 percent of the off-street parking for
the entire commercial building or project shall be located between any
primary, facade of the commercial building or project and the abutting
street or navigable waterway., ~ .... h ........ b;,~; ...... :A,A
:;'ater,;'ay, ,.~_ ,._ _;_; ...... , I-,~1, 4c'~ d-,~ ~;~ht ~tc' ....... h. II I.,~ ~
(See Iljustration 3 below)
JAN 2 7 1999
Words s,~,~ck tL=cu~L are deleted, words underlined sre ~dded.
15
Iljustration 3
(~) C~r~r/~H. No more them ~0 percent ~ t~c ~ff-strect ~in~ ~
t~c em~rc c~e~ci~t buildin~ or p~ject s~ll ~c loc~te~ ~ct~cen ~
prim~ facade of the commercial building or project ~d the abusing
street or navigable wate~ay area. with no single side to contain more
th~ 65 percent of the required p~king, cr "'" ........ ~'~ ~s
· ~,'sZ,' sb, s![ ~c s m~njmum cf ~0 feel (See iljustration 4 below)
JAN 2 7 1999
Words s,,'r,:cL t,~,:c'-'g~ are deleted, words underlined are added.
16
I
STRF, E~
~: BO~'o OF REQUlP, F_~
A~ 20- G5~ oF
A~A~ zo-~5% OF
' ~U~RSD PA~N~
Hjustration 4
2.8.3.1.5. Parking structure standards.' a minimum of 60 percent of any primary
facade of a parking structure or covered parking facility shall
incorporate two of the following (see Iljustration 5 below for
examples):
(a) transparent windows. with clear or lightly-tinted glass, where
pedestrian oriented businesses are located along the facade of
the parking structure:
(b) display windows:
(c) decorative metal grille-work or similar detailing which
provides texture and partially and/or full>' covers the parking
structure opening(s):
(d) art or architectural treatment such as sculpture. mosaic, glass
block, opaque art glass. relief work, or similar features: or,
(e) trellis or other landscaping or pedestrian plaza area.
JAN 2 ? 1999
Words :..,:._.:.b. :hr:ugh are deleted. words underlined arc added.
17
Tsr.,RTMr..,N'r
Iljustration 5
2.8.3.2. Lighting.
2.8.3.2.1. Purpose and intent. Commercial buildings and projects, including
their outparcels shall be designed to provide safe. convenient, and
efficient lighting for pedestrians and vehicles. Lighting shall be
designed in a consistent and coordinated manner for the entire site.
The lighting and lighting fixtures shall be integrated and designed so
as to enhance the visual impact of the project on the community and
or blends into the landscape.
2.8.3.2.2. Shielding standards. Lighting shall be designed so as to prevent direct
glare, light spillage and hazardous interference with automotive and'
pedestrian traffic on adjacent streets and all adjacent properties.
2.8.3.2.3. Fixture height standards. Lighting fixtures shall be a maximum of 30
feet in height within the parking lot and shall be a maximum of 15
feet in height within non-vehicular pedestrian areas (see Iljustration 6
below).
Iljustration 6
2.8.3.2.4. Design standards. Lighting shall be used to provide safer while
accenting key architectural elements and/or to emphasize I ~dscagl~GaN~#TIIM
features. Light fixtures shall be designed as an integral des gn element ' '
that complements the design of the project 'u ..... u .... ~ ~ .... ~ ~r
calar. This c~'be accomplished t~ough style, material oi col~dfiN e 7 1BB~
words :T~zk ~raug~ are deleted. words underlined are added.
18
(excludina ~orescent and primarv/secondar3' colors) or be designed to
blend into the landscape through the use of dark colors such as
bronze. Mill finish is not permined.
2.8.3.3. t ~d, ............. ~.;~ .... ; ....... s;,~ .......~, .....
faci!i:ics a.".d c:h~ .....;"~ ~' ....' .........Sen, ice Function Areas
(SFA) including but not limited to loading, storage, mech~ical
equipment. and solid waste disposal.
2.8.3.3.1. Purpose and intent. To diminish, in a safe m~ner. the vis~l impacts
of se~ice letions that may de~act or have a negative impact on ~e
streetsca~, l~dsca~ ~or the overall co~i~ image.
2.8.3.3.2. Buffering and screening stan&rds. In accord$ce with the provisions
of division 2.6. of this code, loading ~eas or docks, outdoor storage,
tr~h collection. mech~ical equipment, tr~h compaction,
~-~-:~- vehicular storage excludin~ new and used c~s. recycling,
roof top equipment and other se~ice function areas shall be ~lly
screened ~d out of view from adjacent properties at gro~d view
.~; ~,;~n ...... ~ ...... ;~ and in view of roadway co~idors.
2.8.3.3.3. Materials and design standards. Screening material ~d design shall
be consistent with design treatment of the prim~ facades of the
commercial building or project ~d the landscape plan.
2.8.3.3.3.1. Fencing stan&rds: Chain link and wood fencing are prohibited
B~d of the prima~ hcade and must be a minimum of one h~dred
(100) feet from a public right-of-way. Chain li~ and wood fencing
hcing a public right-of-way shall provide at a minimum an i~gated
hedge directly in front of the fence on the side of the right-of-way.
Plant material shall be a minimum of three gallon and pl~ted t~ee
feet on center at time of installation. This plant material shall be
maintained at a minimum of three quarter the height of the fencing.
(See Iljustration 6.1 )
Fencing fo~ard of the prim~ facade is pemitted under the
following conditions:
Fencing does not exceed four feet in height.
The fencinR provides either an open view at a minimum of
twenty five percent of its length or provides variation in its
height tbr a minimum of fifteen percent of its length with a
deviation of at least twelve (12) inches.
The fence style must complement building style t~ough
material, color $~or design.
JAN g 7 1999
Words s.'T'.:ck '&rc:gk are deleted. words underlined are added.
19
Po./B
HTS.
IljustraIion 6,1
2.8.3.3.4. Driv~4hro~gh window ~t~nd~rds. DHve-[~ou~h windows ~d l~es
shall be designed to adhere to ~he following st~dards:
1. Drive-t~ough windows shall not be placed between the tight-
of-way ofa pfim~ collector or ~erial roadway ~d the
associated building. unless the vegetation required by a Type
"B" l~dscape buffer is installed within the buffer width
required for the project ~d maintained along the entire leng~
of the drive-t~ough I~e between the drive-t~ough l~e ~d
the adjacent right-of-way. As ~ alternative to the vegetative
buffer referenced above. a pem~ent covered pone-cochere
type stmct~e, o~her th~ a~ing/c~v~s type stmc~e(s),
may ~ installed extending the width of the dfive-t~ough ~d
covering the se~ice window(s). Such structure shall be
integrated stmcturally ~d ~chitecturally into the design of the
building·
2. Only a single d~ve-t~ough l~e facility is pe~iued: unleas
................. ] ....................... ~ ...... ;. l~,~ EN ITEM
..... , ,- ..... ? 1999
Words sm;:~ *~ ..... ~ ~c dclcIcd, words underlined ~e added.
c. ggr~gate ........... e ............... e .......
2.8.3.4. Pedestrian walkwaS,s.
2.8.3.4.1. Purpose and inlent. To provide safe opportunities for alternative
modes of transportation by connecting with existing and future
pedestrian and bicycle pathways within the county and to provide safe
passage from the public right-of-way to the commercial building or
project, and between alternative modes of transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths
shall be provided from the building entry(s) to surrounding streets,
external sidewalks, and outparcels. Pedestrian ways shall be designed
to provide access between parking areas and the building entrance(s)
in a coordinated and safe manner. Pedestrian ways may be
incorporated within a required landscape perimeter buffer. provided
said buffer is not less than ten feet in width on average. Shared
pedestrian walkways are encouraged between adjacent commercial
projects.
2.8.3.4.3. Minimum ratios. Pedestrian ways shall be provided at a minimum
ratio of one for each public vehicular entrance to a project. excluding
ingress and egress points intended primarily for service. delivery or
employee vehicles.
2.8.3.4.4. Minimum dimensions. Pedestrian walkways shall be a minimum of
five feet wide.
2.8.3.4.5. Materials. Pedestrian walkways shall be consistent with the
provisions of section 4.5 of the Americans with Disabilities Act
(ADA), Accessibility Guidelines. Materials may include specialty
pavers. concrete. colored concrete or stamped pattern concrete.
2.8.3.4.6. Pedestrian crosswalks at building perimeter. Building perimeter
crosswalks shall be designed and coordinated to move people safely
to and from buildings and parking areas by identi~'ing pedestrian
crossings with signage and variations in pavement materials or
markings.
2.8.3.4.7. Shade. Pedestrian walkways shall provide intermittent shaded areas
when the walkway exceeds 100 linear feet in length at a minimum
ratio of 100 square feet of shaded area per every 100 linear feet of
walkway. Shade structures may be natural. manmade or a
combination of both.
2.8.3.5. Building design.
2.8.3.5.1. Purpose and intent. To maintain and enhance the attractiveness of the
streetscape and the existing architectural design of the community.
Buildings shall have architectural features and patterns that provide
visual interest from the perspective of the pedestrian: reduce masstrig
aesthetic; recognize local character. and be site responsive. Facades
shall be designed to reduce the mass/scale and uniform monolithic
appearance of large unadomed walls. while providing visual interest
that will be consistent with the community's identity and ch~clr~o
through the use of detail and scale. Articulation is acco ' plishettcby
varying the building's mass in height and width so that ' appears to be
·
Words :t.'--zk t~re::g~ are deleted, words underlined are added.
Comer tots at an intersection of tw'o or more arterial or collector roads
shall be designed with additional architectural embellishments. such
as comer towers. or other such design features. to emphasize their
location as gateways and transition points within the community.
~ Mo't'l'm6
kLT.~,.
Iljustration 7
2.8.3.5.2. Building orientation standards. Facades/elevations that are adjacent to
an arterial or collector street. or a navigable watem,ay. shall have
-~; ......... :--~- w~tcr b~ two ~2) of the following te
feat~es~ ;
Windows at a minimum of 40%~fthe affected f$ ~defl
Words ~ are deleted, words underlined are added.
Projected covered public entry with a minimum of 25% of the
wall space devoted to windows:
3. Covered walkway (excluding canvas type) unless provided
with six (6} inch columns or better attached to the building at a
minimum of eight feet wide with a 60% minimum coverage
for the affected facade.
2.8.3.5.3. Facade/wall height transition. New developments that are located
within 300 feet of an existing building, and are more than twice the
height of any existing building within 300 feet shall provide
transitional massing elements to transition between the existing
buildings of lower height within 300 feet, and the proposed
development. The transitional massing element can be no more than
100 percent taller than the average height of the adjacent buildings
(see Iljustration 8 below).
~Jo ~F-.LATtOH..~H if- 1"O
I',~T 'THE
Iljustration 8
2.8.3.5.4. Facade standard All primal' l~cades ofa buildin~ shali be designed
with consistent architectural style, detail and trim features. Facades
auached to a primary ~cade shall incorporat= ~eatures o~the pri'mary
Ea~ad~ for a minimum of 33 percent of the overall wall length
measured Erom the attached primary facade. In the case of outparcel
buildings, all exterior Eacades shall adhere to the requkements of this
divisio~ with respect to architec~ral d~si~n treatments ~or primary
facades.
2.8.3.5.4. l. Window st~ndGrd&' Windows shall not appear to be fa~e or applied.
.2.8.3.5.4.2. ,4wning ~tGnd~rds.' (Appli~s to a~in~s associated and a~ch~ to a
JAN 2 7 1999
Words ctrc:~ :h.-s::gh are dclcmd, words underlined arc added.
Iljustration 8.1
Mansard Awning: (As defined by an awning that is more than 90% of
a facade or one that connects two facades) shall adhere to all roof
standards in section 2.8 of the L.D.C.
Other Awnings: (As defined by 90% unless other than a facade and
which does not provide a connection between facades) shall adhere to
the following standards:
a) Awning may be backlighted provided illuminated portion of
awning with graphics does not exceed sign code, size limitation and
standards.
b) Awnings In Automobile Sales Parking Lots: Shade awning
may be erected in automobile sales parking lots subject to the
following requirements and standards:
1) No shade awning structure shall be constructed within
seventy-five (75) feet of any public or private street.
2) No one shade awning structure may exceed an area
sufficient to provide cover for more than twenty (20)
automobiles.
3) The minimum separation between shade awning
structures shall be one hundred (100) feet.
4) Multi-colored shade awning structures are prohibited
and the .use of black, gray, florescent and primary, secondary
colors are prohibited. Earth tone colors are encouraged.
· treated as interior space provided that the o er
requirements of'section 2.8 of the LDC. {See Iljustration ~.2)
Words :-':",:ok thre'-'gh are deleted, words underlined are added.
Iljustration
2.8.3.5.5. Massing standards. Exterior facades shah be designed to
bllowing design treatments on the ground floor:
(]) No horizontal length or unin~e~p~ed cun'e of a bailcling facade
shall exceed ]00 linear feet. For ~caded facades, no horizontal
length or uninte~pted cu~e of the arcaded ~acade shall exceed
] 20 feet, bu~ vmed )enBtbs ~c desirable. ~rojections ~d recesses
shah have a minimum depth or t~ee Feet with 25 perce~t
having a v~ed length wi~h a minimum differential o~one hot
(See H]ustration 9 bdow).
Iljustration 9
(2) Exterior wall planes shall not constitute more than 60 percent
of each affected ground floor facade. The wall plane shall be
measured at one foot off the exterior wall surface on each side
of the wall.
(3) Primary facades on the ground floor shall have features al~oo~no~T~
arcades. a minimum or'eight six t6) feet clear in width; ~ifiq~y2 7 ggg
Words :.,':,:':k ;L::'T,L are deleted, words underlined are added.
25
windows: entry areas: or other such design elements. Awnings
are exclude~ included from in this calculation at 1.5 times the
window width un!c.~a when associated ,Mth windows/doors
and are in increments often twenty {20) feet in length or less.
2.8.3.5.6. Project standards. Both single and multi-use buildings and projects
shall also be required to provide a minimum of t,h, ree Ii~ur of the
following building design treatments {see Iljustrations 10 and 11
below):
(a) Canopies or portico, integrated with the buildings massing and
style;
(b) Overhangs, (minimum of three feet };
(c) Arcades, minimum of eight feet clear in width:
(d) Sculptured artwork:
(e) Raised comice parapet~ ever doers or building banding with a
minimum of two reliefs;
(f) Peaked roof forms:
(g) Arches;
(h) Display windows;
.--- (i) Ornamental and structural architectural details. other than
cornices: which are integr. ated into the building structure and
overall design:
(j) Clock: o~ bell towers or other such roof treatment (i.e.
dormers, belvederes, cupolas}
(k) Projected and covered entry (five foot minimum}
Emphasized building base (minimum of three feet high and
minimum projection from the wall of two inches).
{m} Additional roof articulation above the minimum standards.
(see roof section}
L~ Metal or tile roof as the dominant roof material.
Any other treatment which, in the opinion of the planning
services director. meets the intent of this section:
JAN 7 1999
Words s,,~,:'~k t~rc'--'gk are deleted, words underlined are added.
JAN g 7 1999
Words s..*T'.';k *..~..-;"~,h ~rc deleted. words underlined are added.
l-l.T.~.
Iljustration I I
and one of the following site design elements:
(a) Decorative l~dscape pl~ters or plating ~eas~ a minimm of
five feet wide, ~d ~eas for shaded seating consisting of a
minimum of 100 square feet:
(b) Integration of specialty pavers. or s~ped concrete along the
building's walkway. Said treatment shall constitute a minimum
of 60 percent of walkway ~ea: or.
(c) Water elements, a minimm of 150 squ~e feet in ~ea.
Provide two accent or specimen trees (above the minimm
l~dscape code) along the ~ont facade with a minimm height
of eighteen t~et at plsting.
2.8.3.5.7. Detail Features
2.8.3.5.7.1. Purpose and intent. The design elements in the following st~d~ds
shall be integral p~s of $e building's exterior facade ~d sh~l be
integrated into the overall ~chitect~al style. These elements shall not
consist solely of applied graphics, or paint.
2.8.3.5.7.2. Blank wall areas. BI~ wall ~e~ sh~l not exceed ten feet in vertical
direction nor twenty ~20~ feet in th3 horizontal direction of
~y pfim~ facade. For facades co~ected to a pfim~ facade this
shall apply to a minim~ of ~i~-t~ee percent of the a~ehed facade
me~ed ~om ~e co~ection point. Control ~d e p$: 'on joi~osu°~
X t
within ~is ~ea sh~l constitute bla wall ~ea unless u~ ~d ~ a
decorative panera ~d spaced at inte~als of six feet or ss. Relief ~d
reveal work depm must be a minimm of one-half inch s~
Words :r;:k ~r~ub~ ~e deleted, words underlined ~e added.
28
Iljustration 12 below). Blank w~ll area may utilized landscaping to
assist in reducing the blank wall area, but shall not be in lieu of
architectural treatment. (See Iljustration 12.1 )
Iljustration 12
Iljustration 12.1
2.8.3.5.7.3. Repeating facade treatments. Building facades shall include a
repeating panera and shall include no less than t~ee of the design
elements listed below. At least one of these design elements shall
repeat horizontally. All design elements shall repeat at inte~als of no
more th~ ~ fifty (50) feet. either horizontally ~ and a m~imum of
fifteen ( 15} feet vertically.
1. Color ch~ge;
2. Text~e ch~ge;
3. Material module chage;
4. Expression of ~chitec~al or stmct~al bays. t~ough a
chage in plae of no less th~ 12 inches in width. such ~ a
reveal, ~ offset. or a projecting rib (see Iljustration 13 below);
3~N 2 7 1999
Words z~:zk t~rzugh ~e deleted. words underlined are added. . 29
Iljustration 13
5. Architectural banding;
6. Building setbacks or projections, a minimum of three feet in
width on upper level(s) or,
7. Pattern change
2.8.3.5.8. Additional facade design treatments for multiple use buildings.
2.8.3.5.8.1. Purpose and intent. The presence of buildings with multiple tenants
creates variety, breaks up large expanses of uninterTupted facades, and
expands the range of the site's activities. Windows and window
displays of such stores shall be used to contribute to the visual interest
of exterior facades. The standards in this section are directed toward
those situations where more than one retailer. with separate exterior
customer entrances, are located within the principal building.
2.8.3.5.8.2. First floor primary facade treatments.
2.8.3.5.8.2.1. The first floor of the primary. facades c,f zt:ch multi t:ze ~:i!dings
shall, at a minimum. utilize windows between the heights of three feet
and eight feet above the walkway grade for no less than ;%) thirty (30)
percent of the horizontal length of the building t~cade.
2.8.3.5.8.2.2. Windows shall be recessed, a minimum ofoneohalf inch. and shall
include visually prominent sills. shutters. stucco reliefs. or other such
forms of framing.
2.8.3.5.9. Outparcels.
2.8.3.5.9. I. Purpose and intent. To provide unified architectural design and site
planning between outparcel structures and the main structure on the
site in order to enhance the visual impact of the structures and to
provide for safe and convenient vehicular and pedestrian access and
movement within the site.
/ 2.8.3.5.9.2. Outparcel design.' All exterior facades of an outparcel structure shall
be considered primary. facades and Shall employ architectural, site,
common design elements shall include colors and mat~w'~!ls associated
. with inWh:i, ;bo Za:fe:%%%oo ,s, i,i Iie.dde g 7 1999
devel Po.
Words :_"':ok *-.~.r~:~,h are delet3:)d, words underlined are added.
for several businesses on one parking lot may be used. Outparcel
structures that are adjacent to each other shall provide for vehicular
connection between their respective parking lots and provide for
interconnection of pedestrian walkways.
2.8.3.5.1 0. Roof treatments.
2.8.3.5.10.1. Purpose and intent. Variations in roof lines shall be used to add
interest to, and reduce the massing of buildings. Roof features shall be
in scale with the building's mass and complement the character of
adjoining and/or adjacent buildings and neighborhoods. Roofing
material should be constructed of durable high quality material in
order to enhance the appearance and attractiveness of the community.
The following standards identify appropriate roof treatments and
features.
LlO Roof c4V~,<:-~E
MoT THI6
iljustr~tio- 14
2.8.3.5.10.2. Roof edge and parapet treatment. At a minimum of two locations, the
roof edge and/or parapet shall have a vertical change from the
dominant roof condition, a minimum of three feet. At least one such
change shall be located on a primary facade adjacent to a collector or
arterial right-of-way (see Iljustration 14 below). One additional roof
change must be provided for evere' 25,000 square foot increment over
fifty thousand square feet of ground floor space.
2.8.3.5.10.3. Roofs shall meet at le~t tv'c .~f the following requirements: (see
iljustration 15)
( 1 ) Parapets shall be used to conceal roof top equipment and flat
roofs:
(2) Where overhanging eaves are used. overhangs s: all be no less
than t,~:ec two (2) feet beyond the supporting walls with:
rainimp= f-"-:h ^,_:_~., ;_,~,,o Where overban; are,lJ~i~Nha'~ 7 1999
Words :.."'.::k *.-~..-:."gh are deleted. words ,underlined are added.
two feet they shall be provided with a band or cornice
(minimum of eight inches) under the soffit at the wall.
(3)
n. .......;~, ~ ~ k~ ....~ Facia shall be a minimum ofeiRht
inches:
/~ A a~;+:~' -,~--:~ -~; ~u ........ :,h a minimum ..... e ....
ele':atic~ ~ft':,'c feet.
WOT THI~
IUustraUon 15
2.8.3.5.10.4. Prohibited roof types and materials. The following types of materials
are prohibited:
(1)Asphalt shingles, except laminated, 320 pound, 30 year
architectural grade asphalt shingles or better;
(2) Mansard roofs and canopies without a minimum vertical
distance of eight feet and at an angle not less than 25 degrees,
and not greater than 70 degrees;
(3) Roofs utilizing less than or equal to a two to 12 ,itch u~ ~:5ff2
utilizing full parapet coverage; and
(4) Back-lit awnings used as a mansard or canopy of. J~N ~ 7 1999
Words s~.:-ek -'-':rz::g~ are deleted, words underlined are added.
2.8.3.5.11. Entryways/customer entrance treatments.
2.8.3.5.11.1. Purpose and intent. Entryway design elements and variations are
intended to give protection from the sum and adverse weather
conditions. These.elements are to be integrated into a comprehensive
design style for the project.
2.8.3.5.11.2. Entryways/customer entrance standards. These standards identify
appropriate entry features.
2.8.3.5.11.2.1. Single use buildings. Single use buildings shall have clearly defined,
highly visible customer entrances which shall include the following:
(a) An outdoor patio area adjacent to the customer entrance, a
minimum of 200 square feet in area which incorporates the
following:
( 1 ) benches or other seating components;
(2) decorative landscape planters or wing walls which
incorporate landscaped areas: and
(3) structural or vegetative shading.
(4) front entry shall be set back from the drive a minimum
distance of fifteen (15) feet.
2.8.3.5.11.2.2. Multiple use buildings andprojects. Multi-use structures shall include
the following:
( 1 ) Anchor tenants shall provide clearly defined, highly visible
customer entrances.
(2) A provision for intermittent shaded outdoor community space
at a minimum of one percent of the total gross floor area of the
building or commercial project. Said community space shall
be locmed off or adjacent to the circulation path of the
complex or main structure and shall incorporate benches or
other seating components.
(3) Front entry shall be set back from the drive a minimum of
fifteen (15) feet.
2.8.3.5.12. Materials and color.
2.8.3.5.12.1. Purpose and intent. Exterior building colors and materials contribute
significantly to the visual impact of a building on the community.
They shall be well-designed and integrated into a comprehensive
design style for the project.
2.8.3.5.12.2. Exterior building materials standards.
2.8.3.5.12.2.1. Predominant exterior building materials shall include, but are not
limited to:
( 1 ) Stucco;
(2) Brick;
JAN 2, 7 1999
Words s..'r,:ck :hrc::g5 are deleted, words underlined are added.
33
(3) Tinted. textured. other than smooth or ribbed. concrete masonry
units: or
(4) Stone. excluding an ashlar or rubble construction look.
2.8.3.5.12.2.2. Predominant exterior building material that are prohibited include:
(1) Plastic siding;
(2) Corrugated or reflective metal panels;
(3) Tile;
(4) Smooth or rib faced concrete block; and
(5) Applied stone in an ashlax or rubble look.
2.8.3.5.12.2.3. Automotive and other special type service buildings may utilize
prefabficated metal buildings under the following conditions:
Metal buildings are more than two hundred and fifty feet from
any right-of-way;
(2) Metal buildings axe located directly behind the main
showroom/sales center so as not to be a dominant facade along
the street;
(3) No more than twenty (20) percent of the building can be
beyond the main building.
2.8.3.5.12.3. Predominant exterior color(~).
2.8.3.5.12.3.1. The use of black~ gray, or fluorescent. primary, seconda~. colors is
prohibited as the predominant exterior building or roof color(s). Earth
tone colors axe encouraged.
2.8.3.5.12.4. Building trim color(s).
2.8.3.5.12.4. l. Building trim and accent areas may feature any color(s). limited to ten
percent of the affected facade segment. with a maximum trim height
of 24 inches total for its shortest distance.
2.8.3.5.12.4.2. Neon or neon type tubing shall be permitted provided for in sections
2.5.6.21. and 2.5.6.22. of this code. An approved lighting plan
consistent with the provisions of section 2.5.8.1.5.2. of this code shall
be provided.
2.8.3.6. Signage.
2.8.3.6.1. Purpose ana intent. Signs axe intended to be designed to complement
rather than detract from the visual impact of a commercial
development by utilizing design elements consistent with those
employed in the structure's architecture and by minimizing conflicts
with on-site landscaping axeas and vehicular use axeas.
2.8.3.6.2. Development standards. In addition to the provisions se. farth in ,,,
t I AGENDA TEM
division 2.5., of this code, the following standards shall pp . o. ~
YN
2.8.3.6.2.1. Unified sign plan. Where multiple on-premise signs axe proposed for
a single site or project. or in the case of a shopping cenl ,r or OIl~-u~ 7 1999
building, a unified signage plan shall be employed. An .pplication for
Words sw,:z,k :.".rz;:g,~, are deleted, words underlined are added.
site development or ~ite improvement plan approval shall be
accompanied by a graphic and narrative representation of the unified
signage plan to be utilized on the site. The unified sign plan may be
amended and resubmitted for approval to reflect style changes or
changing tenant needs. Design elements which shall be addressed in
both graphic and narrative form include:
(a) adherence with the provisions of division 2.5. of this code;
(b) colors;
(c) construction materials and method;
(d) architectural design;
(e) illumination method;
(f) copy style;
(g) sign type(s) and location(s); and,
(h) in the case of multi-use buildings, and parcels with multiple
structures on site. including outparcels. the unified sign plan
shall indicate conlbrmance with the following:
(1) No wall sign shall exceed 80 percent of the width of
the unit(s) occupied by a business with a minimum of
ten percent clear area on each outer edge of the unit(s);
(2) All wall signs for multi-use buildings shall be located
at a consistent location on the building facade, except
that anchor tenants may vary from this locational
requirement in scale with the anchor's larger primary
facade dimensions. All signs shall adhere to the
dimensions provided for in the unified signage plan:
and
(3) Pole signs shall provide a pole cover with architectural
design features. including colors and/or materials
common to those used in the design of the building the
sign is accessory to. A minimum 100 square foot
planting area shall be provided around the base of any
ground or pole sign, consistent with the provisions of
division 2.5. of this code (see Iljustration 16 below).
JAN 2 7 1999
Words r.t.-_'ck :hrc'.:'g.h. are deleted, words underlined are added.
Co~cE~t. ~ENT OF
GtC-xN WtPTt4
FLA!qT AR: -A -
Iljustration 16
2.8.3.6.2.2. Ou/parce/s. In addition to the above requirements, unified sign plans
for outparcels, regardless of the size of the outparcel, shall be limited
to the following:
(a) a wall sign for any facade adjacent to a public fight-of-way
and a wall sign for any facade facing the main commercial
center, not to exceed a maximum of two wall signs for any
single use; and,
(b) a single ground or pole sign not to exceed 60 square feet. Pole
signs shall be limited to 15 feet in height.
2.8.3.6.2.3. Building permit requests. Requests for building permits for permanent
on-premise signs shall adhere to the unified signage plan. which shall
be kept on file in the community development and environmental
services division. Requests to permit a new sign, or to relocate,
replace or structurally alter an existing sign shall be accompanied by a
unified sign plan for the building or project the sign is accessory to.
Existing permitted signs may remain in place: however. all future
requests for permits, whether for a new sign, or relocation. alteration,
or replacement of an existing sign, shall adhere to the unified sign
plan for the property.
2.8.3.7. Landscaping. In addition to the requirements of section 2.4.,
"Landscaping and Buffering" the following requirements shall apply.
2.8.3.7. I. Purpose and intent. To provide enhanced landscaping within the
vehicular and pedestrian use areas of large commercial buildings and
projects. Such landscaping is intended to enhance the visual
experience of the motering and pedestrian public, commonly referred
to as the "streetscape", while adhering to the purpose and intent set
forth in division 2.4. of this code. Landscaping should b-~ L, sed to .
enhance and complement the site design and building m :hitect~eN°t~Eu
JAN 2 7 T999
Words :..*r_':k thre-::gh are deleted, words underlined are added.
36
2.8.3.7.2. Landscaping. The following requirements. with the exception of
building perimeter plantings, shall be counted toward the required
greenspace and open space requirements of division 2.4. of this code.
1. At time of planting. trees in vehicular use areas shall be a
minimum of 12 to 14 feet height with a six-foot spread and a
two and one-half inch caliper and shall have a clear trunk area
to a height of seven feet.
2. The first row of landscape islands located closest to the
building front and sides shall be landscaped with trees, palms,
shrubs and groundcovers and shall have a clear mink area to a
height of seven feet (see Iljustration 17 below).
lll~on 17
3. Tree ~d lighting locations shall be designed so ~ not to
conflict with one ~other (see Iljustration 18 ~low).
JAN Z 7 1999
eot,4PA'T[ L-p__,,
llhslration 18
2.8.3.7.3. Locational requirements for building perimeter planrings as required
by section 2.4.6.5. of this code:
1. Perimeter landscape plantings shall be located adjacent to the
primary building facade, including building entrance areas, plaTa~,
and courtyards. These areas shall be landscaped with any
combination of trees, palms, shrubs and ground covers (see
Iljustrations 19 and 20 below).
JAN 2 7 1999
Words st~ are deleted, words underlined are added.
3,
t ' ~LIiLPlNCa FBFdld~'T~r-4t
FLAtd, TINC_~
laustration 20
J/~N 2 7 1999
Words s-.~,'ck :~:c"~u- are deleted, words underlined are added.
Building perimeters shall include planrings at a ratio of 100
square feet of planters per 1,000 square feet of building ground
floor area. Planters shall either be raised or at ground level and
be a minimum of ten feet wide. Seating courtyards. eating
areas and plazas may be incorporated within them {see
Iljustration 21 below).
Iljustration
2.8.3.7.4. Natural and manm ade bodies of water including wet and dr)~
retention areas (e. xceeding twelve (12t feet in width2.
The shape of a manmade body of water. including wet and d~
retention areas. shall be designed to appear natural by having off-sets
in the edge alignment that are a minimum often feet and spaced 50
tentic, r.
feet apart. All bodies of water, including wet ~ r~ated
exceeding 20,000 square feet in area. an__d which are Io~
to a public fight-of-way, shall ~ incomor ate into the
. J/ N 2 7 1999
Words :tr',:'ck t."-rs'-'g.h. are deleted, words underlined, are added,
40
overall design of the project m at least o~e two { 2) of the following
v:aya items: (see Iljustration 22 below).
ICZ::)q* ·
llluslralion 22
1. Prc;'ide a A five-foot wide walkway with trees an average of
50 feet on center and shaded benches a minimum of six feet in
length or picnic tables with one located even.' 150 feet.
2. Pr,3;'ide a A public access pier with covered structure and
seating.
3. Pra:'iA_,e a,q A.__QB intermittent shaded plaza/courtyard, a
minimum of 200 square feet in area. with benches and/or
picnic tables adjacent to the water body.
4= A permanent fountain structure.
Sec. 2.8.4. Architectural and site design standards and guidelines for commercial
buildings and projects under 20,000 square feet in size.
2.8.4.1. Lighting.
2.8.4.1.1. Purpose and intent. Commercial buildings and projects, including
their outparcels shall be designed to provide safe, convenient, and
efficient lighting for pedestrians and vehicles. Lighting shall be
designed in a consistent and coordinated manner for the entire site.
The lighting and lighting fixtures shall be integrated and designed so
as to enhance the visual impact of the project on the col amunaty~GEND^ 'rEM
and/or should be designed to blends into the landscape.
J/ N 2 7 1999
Words str.:'ck :.h. rc::gh are deleted, words underlined are added.
4 1
2.8.4.1.2. Shielding standards. Lighting shall be designed so as to prevent direct
glare. light spillage and hazardous interference with automotive and
pedestrian traffic on adjacent streets and all adjacent properties.
2.8.4.1.3. Fixture height standards. Lighting fixtures shall be a minimum of 30
feet in height within the parking lot and shall be a maximum of 15
feet in height within non-vehicular pedestrian areas (see Iljustration
23 below).
Iljustration 23
2.8.4.1.4. Design standards. Lighting shall be used to provide safety while
accent key architectural elements and/or to emphasize landscape
features, Light fixtures shall be designed as an integral design element
that complements the design of the project through style, material or
color (excluding ~orescent and primary/secondary colors) or be
designed to blend into the landscape through the use of dark color
such as bronze. Mill finish is not permitted,
2.8.4.2. t ~,.a; ............ ~.;../ ....., ....... nd ........,~._,0~
r,,~;~;,; ....,~ .,u ......;~" ~""-'~ .........Service Function Areas
(SFA} including but not limited to loading, storage, mechanical
equipment, and solid waste disposal.
2.8.4.2.1. Purpose and intent. To diminish. in a safe manner. the visual impacts
of service functions that may distract or have a negative impact on the
streetscape, landscape and/or the overall community image.
2.8.4.2.2. Buffering and screening standards. In accordance with the provisions
of division 2.6. of this code, loading areas or docks, outdoor storage,
trash collection, mechanical equipment trash compaction, vehicular
storage, recycling, roof top eauipment and other service function areas
shall be fully screened and out of view from adjacent properties at
ground view level and in view of roadway corridors. '.v~en located
2.8.4.2.3. Materials and design standards. Screening material and desigm~aEl~D~-~M
be consistent with design treatments of the primary faca les of the
commercial building or project and the landscape plan.
JAN 2 ? 1999
Words :.."'.:;k *-.~..'~."g.~. are deleted, words underlined are added.
42
2.8.4.2.3.1. Fencing standards: Chain link and wood fencing are prohibited forward of
the primary facade and must be a minimum of one hundred (100) feet from a
public right-of-way. Chain link and wood fencing facing a public right-of-
way shall provide at minimum an irrigated hedge directly in front of the fence
on the side of the right-of-way. Plant material shall be a minimum of three
gallon and planted three feet on center at time of installation. This plant
material shall be maintained at a minimum of three quarter the height of the
fencing. (See Iljustration 6.1 )
Fencing forward of the primary thcade is permitted under the following
conditions:
1) Fence does not exceed four feet 4 feet in height.
2_) The fencing provides either an open view at a minimum of
twenty five percent of its length or provides variation in its
h_eight for a minimum of fifteen percent of it length with a
deviation of at least twelve (12) inches.
3_.) The fence style must complement the building style through
material, color and or design.
2.8.4.2.4. Drive-through window standards. Drive-through windows and lanes
· shall be designed to adhere to the following standards;
1. Drive-through windows shall not be placed between the right-
of-way of a primary collector or arterial roadway and the
associated building, unless the vegetation required for a Type
"B" landscape buffer is installed within the buffer width
required for the project and maintained along the entire length
of the drive-through lane between the drive through lane and
the adjacent right-of-way. As an alternative to the vegetative
buffer referenced above. a permanent covered porte-cochere
type structure, other than awning/canvas type structure(s). may
be installed, extending the width of the drive-through and
covering the service window(s). Such structure shall be
integrated structurally and architecturally into the design of the
building.
2. Only a single drive-through lane tiacility is permitted
....................... ~ ....................... ~. averag:rig
2.8.4.3. Pedestrian walkways.
2.8.4.3.1. Purpose and intent. To provide safe opportunities for alternative
modes of transportation by connecting with existing and future
pedestrian and bicycle pathways within the count)' and to provide safe
passage from the public right-of-way to the commercial building or
project, and between alternative modes of transportation.
shall be provided from the building entry(s) to surrounc ~ng streets,
extemal sidewalks. and outparcels. Pedestrian ways sh~ be B~j~i~e~ 7 1909
to provide access between parking areas and the buildir entrance(
Words :~-:k '--~.rc-~:r,~ are deleted. words underlined are added.
43 p.. _ _
in a coordinated and safe manner. Pedestrian ways may be
incorporated within a required landscape perimeter buffer, provided
said buffer is not less than ten feet in width on average. Shared
pedestrian walkways are encouraged between adjacent commercial
projects.
2.8.4.3.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of
one for each ~u~lic :'eb, ict:lar e:~trance
parcel.
2.8.4.3.4. Minimum dimensions. Pedestrian walkways shall be a minimum of
five feet wide.
2.8.4.3.5. Materials. Pedestrian walkways shall be consistent with the
provisions of section 4.5 of the Americans with Disabilities Act
(ADA) Accessibility Guidefines. Materials may include specialty
pavers. concrete, colored concrete or stamped pattern concrete.
2.8.4.3.6. Pedeslrian crosswal~ at building perimeter. Building perimeter crosswalks
shall be designed and coordinated to move people safely to and from
buildings and parking areas by identifying pedestrian crossings with signage
and variations in pavement materials or markings.
2.8.4.3.?. Shade pedestrian walkways shall provide intermittent shaded areas when the
walkway exceeds 100 linear feet in length at a minimum ratio of one hundred
(100) sguare feet of shaded area Per ever), 100 linear I~et of walkway. Shade
structures can be natural or manmade or a combination of both.
2.8.4.4. Building design.
2.8.4.4.1. Purpose and intent TO maintain and erlhance the attractiveness of the
streetscape and the existing architectural design of the community.
Buildings shall have architectural features and patterns that provide
visual interest from the perspective of the pedestrian: reduce massing
aesthetic: recognize local character: and be site responsive. Facades
shall be designed to reduce the mass/scale and uniform monolithic
appearance of large unadorned Walls. while providing visual interest
that will be consistent with the community's identity and character
through the use of detail and scale. Articulation is accomplished by
varying the buildings mass in height and width so that it appears to be
divided into distinct mass/rig elements and details that can be
perceived at the scale of the pedestrian (see Iljustration 24 below).
JfiN 7 1999
Words z..':-.:ck :~rc::F,h are deleted, words underlined are added.
E.k ~.VAT I 0 ~l
Do
Iljustration 24
Comer lots at an intersection of two or more anerials or major collector roads
shall be designed to emphasize their location. Buildings and structures on
comer lots shall be designed with additional architectural embellishments
such as comer towers, or other such design ~atures, to emphasize their
location as gateways and transition points within the community.
2.8.4.4.2. Building Orienla/ion standards. ,A,+, t,e,~,' +,,,~,e p~,2,! fac~c~ e~ ~::~]~ng~
Building facades facing a public street between 5,000 square feet and 19,999
square feet in gross buiWing area shall have two of the following:
1_. Windows at a minimum of 33% of the effected facade.
~ Covered public entry_ with a minimum of 20% of the wall
space devoted to windows.
3~ Covered walkway (excluding. Canvas type) u less provided
with six (6) inch columns or better attached to tl e buiW~u~a at~
Words =:~,:e~. ;~.*.~:~, are deWted~ words underlined are added.
-minimum of six (6).feet wide with a fifty (50) percent
minimum coverage fpr the affected facade.
buildings less th$ 5.000 square feet in area. Facades facin~ a public street
shall have one (1) Ofyhe Following:
Windows at a minimum of 25% of the effected facade.
Covered public ent~ with a minim~ of 20% 0f ~e wall
sp~e devoted to windows.
2.8.4.4.3. Facade/wall height transition. New developments that ~e located
~in 300 feet of ~ existing building, ~d ~e more th$ ~ce ~e
height of ~y existing building within 300 feet sh~i provide
~sitio~l massing elements to tr~sifion between the existing
buildings of lower height within 300 feet, ~d the proposed
development. The transitional massing element can be no more th~
100 percent tuber th~ the average height of the adjacent buildings
(see Iljustration 25 below).
lll~ation ~
2.g .4.4.4. Facade standards. All prim~ facades o[ a building shall ~ designed
~ ~onsistent ~¢hite¢t~al style ad detail ad ~m fea~es.
Facades a~ached tQ a p~m~ [~¢~e shall inCo~oate feared. of~e
p6m~ facade for .a.m~nimum .of ~.3 percent of.the .overall wall ien~h
meas~ed ~om the atached ~6ma~ facade, In the c~e of outp~¢el
buildings, all exte~or faGades shall adhere to ~he requi~menU o[ ~is
division wit~ respect to ~¢hite¢t~al design treatments for
facades.
~ 2.a.4.4.5. MassinS standards. ~xte~or facades shall be designed t~ emDl~a~
following design treatments:
JaN 2
~ Words ~'~ '~ ..... ~ arc deleted, woras unaerlined ~e added.
( 1 ) No horizonta! length, or uninterrupted curve. of the ground
floor of any primary. facade, for buildings between 10,000 and
19,999 square feet in gross building area. shall exceed 50 feet,
with the maximum being 80 feet for arcades. projections and
recesses shall have a minimum depth of two (2) feet and a
minimum total width of twenty percent of the facade ba~ with
varied lengths are desirable. For buildings under I0,000 square
feet, no horizontal length, or uninterrupted curve. of any
primary facade shall exceed 35 feet. with the maximum being
60 feet for arcades, projections and recesses shall have a
minimum depth of one ( 1 ) foot and a minimum total width of
twenty percent of the facade ba~ with varied lengths: are
buildings shall provide a minimum of one offset per public
street or navigable waterway.
(2) For buildings between 5,000 10,000 square feet and 19,999
square feet in gross building area. exterior wall planes shall
not constitute more than 50 percent of each affected ground
floor facade over 30 feet. The wall plane shah be measured at
one foot off the exterior wall surface on each side of the wall.
(3) Primary. facades on the ground floor for buildings between
5.000 square feet and 19.999 square feet in gross building area
shall have arcades a minimum of six feet clear in width,
display windows. entry. areas. or other such features along no
less than 33 percent of the horizontal length for each primary
facade. Awnings are exel',:~zd frcm included in this
calculation at 1.5 times the window x¥idth ',:r, lzs.~ when
associated with windows/doors in increments less than ten
feet.
2.8.4.4.5.1. [Vindow standards.' ~;indows shall not be fake or applied.
2.8.4.4.5.2. Awning Standards.' (Applies to awnings associated and attached to a
building/structure).
Mansard Awning: {.As defined bv an awning, that is more than 90% of
a facade or one that connects two facades) shall adhere to all roof
standards in section 2.8 of the L.D.C. (See Iljustration 8. l)
Other Awnings: (As defined by 90% unless other than a facade and
which does not provide a connection betx~'een facades} shall adhere to
the lbllowing standards:
a} Awning may be backlighted provided illuminated portion of
awning with graphics does not exceed sign code, size
limitation and standards.
b) Awnings In Automobile Sales Parking Lots: Shade awnings
shade may be erected in automobile sales parking lots subject
to the following requirements and standards:
1 ) No shade awning structure shall be constructed within
seventy-five {75) feet of any public or private street.
2) No one shade awning structure may ex[eeed AGENDA i,TEM
a~o~rea
sufficient to provide cover for more tha~ twenty (20)
automobiles.
Words :~.:':~ :~.-=::~.~. are deleled, words underlined are added.
3) The minimum separation between awning shade
structures shall be one hundred (100) feet.
4) Multi-colored shade awning structures are prohibited
and the use of black, gray, ~orescent and primary.
secondary colors are prohibited. Earth tone colors are
encouraged.
..29.8.4.4.5.3. Overhead doors: Overhead doors facing into one another may be
treated as interior space provide that the buildings meet all other
requirements of section 2.8 of the LDC. (See Iljustration 6.2)
2.8.4.4.6. Project standards. Both single and multi-use buildings and projects
shall also be required to provide a minimum oft-hr-ee four of the
following building design treatments (see Iljustration 26 below).
(a) Canopies or porticos, integrated with the building's massing
and style;
(b) Overhangs: (minimum of three feet);
(c) Arcades. a minimum of six feet clear in width:
(d) Sculptured artwork;
(e) Raised cornice parapet~ ever dc, c,r~ or building banding with a
minimum of two reliefs;
(f) Peaked roof forms:
(g) Arches:
(h) Display windows:
(i) Ornamental and structural architectural details. other than
cornices; which are integrated into the building structure and
overall design;
(j) Clock o~ bell towers or other such roof treatment (i.e. dormers,
belvederes, cupolas): or.
(k) Any other treatment which. in the opinion of the planning
services director. meets the intent of this section:
Projected entrv.
m) Emphasized building base (minimum of three feet high add
minimum projection from the wall of two inches).
n) Additional roof articulation above the minimum standards.
and one of the following site design elements;
(a) Decorative landscape planters or planting areas. a minimum of
five feet wide. and areas for shaded seating consisting of a
minimum of 100 square feet:
buildings walkway. Said treatment shall constit~ tea minimum
of 60 percent ofwalkway area: or. ,J~N ~ 7 1999
Words ,%""_'ek ',,h, reugk are deleted, words underlined are added.
48 ,,217
(c) Water element(s), a minimum of 150 square feet in area;
(d} Provide two accent or specimen trees {above the minimum
landscape code) along the front fagade with a minimum height
of eighteen feet at planting.
Iljustration 27
2.8.4.4.7. Detail features.
2.8.4.4.7.1. Purpose and intent. The design elements in the following standards
shall be integral parts of the building's exterior facade and shall be
integrated into the overall architectural style. These elements shall not
consist solely of applied graphics. or paint.
2.8.4.4.7.2, Blank ~4,all areas. Blank wall areas shall not exceed ten feet in th__ge
vertical direction nor 20 feet in th.~e horizontal direction of e~'ly fazade
any primare' facade.. For facades connected to a primary facade this
shall apply to a minimum of thirty three percent of the attached facade
and measured for the connection {C--control and expansion joints
within this area shall constitute blank wall area unless used as a
decorative pattern and spaced at intervals of six feet or less. Relief and
reveal work depth must be a minimum of one-half inch (see
Iljustration 27 below). Blank wall area may utilize landscaninu to
assist in reducing the blank wall area, but shall not be in lieu of
architectural treatment. (See Iljustration 12.D
2.8.4.4.7.3. Repeating facade treatments. Building facades shall include a
repeating pattern and shall include no less than tv~ three {3~ of the
shall repeat horizontally. All ~ elements shall rep
of no more than 25 feet. =~ther horizontally o~ and a___._.~m mum o__._~f
fifteen (15) feet vertically. JAN g 7 1999
Words a.."---'=!: *--~.r-=:g-k· are deleted, words underlined are added.
49 Pg-
1. Color change:
Texture change:
3. Material module change;
4. Expression of architectural or structural bays. through a
change in plane of no less than 12 inches in width, such as a
reveal, an offset. or a projecting rib (see Iljustration 28
below.):
C]~uU-niU(~ i~l~,t., ~tt~du'rtu~ '
IHustratio-
5. Architectural banding;
6. Building setbacks or projections. a minimum of three feet in
width, on upper level(s); .or,
7. Pattern change.
2.8.4.4.8. Outparcels.
2.8.4.4.8.1. Purpose and intent. To provide unified architectural design and site
planning between outparcels and the main structure on site in order to
enhance the visual experience for the vehicular and pedestrian public.
and to provide for safe and convenient vehicular and pedestrian access
and movement within the site.
2.8.4.4.8.2. Outparcel design. All exterior facades of an outparcel building shall
be considered primary facades and shall employ architectural, site,
and landscaping design elements which are integrated with and
common to those used on the primary structure on site. These
common design elements shall include colors and materials associated
with the main structure. When the use of comrnon wall, side by side
development occurs, continuity of facades and consolidated parking
for several businesses on om parking lot may be used. Outparcels that
are adjacent to each other are encouraged provide for vehicular
connection between parking lots and provide for pedestrian
interconnection. Outparcels shall be designed and integrated with the
main project.
2.8.4.4.9. Roof treatments.
2.8.4.4.9. I. Purpose and intent. Variations in roof lines shall be us .'d to a~EN°A
interest to, and reduce the massing of buildings. Roof eatures sh~
in scale with the building's mass and complement the ,~haracter of
adjoining and/or adjacent buildings and neighborhood Ro~J/J~ 2 7
Words $..'r'.:ck '..",re::gb. are deleted. words underlined are added.
50
material should be constructed of durable high quality material in
order to enhance the appearance and attractiveness of the community.
The following standards identify. appropriate roof treatments and
features.
2.8.4.4.9.2. Roof edge and parapet treatment. At a minimum of two locations, the
roof edge and/or parapet shall have a vertical change from the
dominant roof condition, a minimum oft~ee two (2) feet. At least
one such change shall be located on a primary facade adjacent to a
collector or arterial fight-of-way (see Iljustration 29 below).
Mo'T TH|5
Iljustration 29
2.8.4.4.9.3. Roofs shall meet at lea= t:;'c of the following requirements:
(1) Parapets shall be used to conceal roof top equipment and flat
roofs:
(2) Where overhanging caves are used, overhangs shall be no less
than t,h, ree two (2} feet beyond the supporting walls_. ':At,h, a
minimum facia cf ,q: 'e inche. z: Where overhangs are less than
two feet they shall be provided with a band or cornice
{minimum of eight inches} under the soffit at the wall.
(3) Facia shall be a minimum of eight inches. Three cr ,,-:~re r~f
, JAM ? 7999
Words ,~t:",:c,b, *,hr~"~ are deleted, words underlined are added.
51
P!ULTI- PLA~3~
Iljustration 30
(4) ~l~_; ..... r~ ,,!t,;~l~ A^ ,^, ..... A ,1~ .........
..................... every,
Tbxec dimensional camic~ treatment ':.'~ic5 5ha!l be a
2.8.4.4.9.4. Prohibited roQfOpes and materials. The following types of materials
are prohibited:
( l ) Asphalt shingles. except l~inated. 320 pound. 30 year
architectural grade asphalt shingles or better:
(2) M~s~d roofs ~d c~opies without a minimum vertical
disrace of six feet ~d at ~ ~gle not less th~ 23 degrees.
~d not greater th~ 70 degrees:
(3) Roofs utilizing less th~ or equal to a two to 12 pitch unless
utilizing ~ll p~apet coverage; ~d
(4) Back-lit a~ings used ~ a m~sard or c~opy rooE
2.8.4.4.10. Ent~ayskustomer entrance treatments.
2.8.4.4,10.1. Purpose and intent. Ent~ay design elements ~d v~ia'ions ~e
intended to give protection from the sun ~d adverse we~ ther
2 7 999
Words :~=:k '" ..... k ~e deleted, words underlined are added.
S2
conditions. These elements are to be integrated into a comprehensive
design style for the project.
2.8.4.4.10.2. Entryways/customer entrance standards. These standards identify
appropriate entry features.
2.8.4.4.10.2. I. Single use buildings. Single occupancy use buildings between 10,000
square feet and 19.999 square feet in area shall have clearly defined,
highly visible customer entrances which shall include the following:
(a) An outdoor patio area adjacent to the customer entrance, a
minimum of 50 square feet in area and which incorporates two
of the following:
(1) Benches or other seating components;
(2) A provision for intermittent shaded outdoor
community space at a minimum of one percent of the
total gross floor area of the building or commercial
project. Said community space shall be located off or
adjacent to the circulation path of the complex or main
structure and shall incorporate benches or other seating
components.
(b) Front entry, shall be set back from the drive a minimum of
fifteen (15) feet.
2.8.4.4.11. Miscellaneous structures.
2.8.4.4.11.1. Outside play structures. Outside play structures shall not exceed 50
percent of coverage along the affected facade. No portion of any play
structure located between the front building line and any adjacent
right-of-way shall exceed a height of 12 feet as measured from
existing ground elevation. In all other cases. no portion of any play
structure shall exceed a maximum height of 16 feet as measured from
existing ground elevation. Play structures shall be limited to earthtone
colors. with a maximum of three color variations.
2.8.4.5. Materials and color.
2.8.4.5.1. Purpose and intent. Exterior building colors and materials contribute
significantly to the visual impact of a building on the community.
They shall be well-designed and integrated into a comprehensive
design style for the project.
2.8.4.5.2. Exterior building materials standards.
2.8.4.5.2.1. Predominant exterior building materials shall include, but are not
limited to:
( 1 ) Stucco:
(2) Brick:
(3) Tinted. textured. other than smooth or ribbed. concrete
masonry. units: or
(4) Stone, excluding an ashlar or rubble constructio~ look. ~4AoLEUO,
2.8.4.5.2.2. Predominant exterior building material that are prohibited incjt~:ie'
Words ..... ~, ,h .....~' are deleted, words underlined are added.
(1) Plastic sidingi, unless associated with Florida cracker style and
-"- utilizes trim with a minimum of six (6) inches for its length:
(2) Corrugated or reflective metal panels:
(3) Tile;
(4) Smooth or rib faced concrete block: and
(5) Applied stone in an ashlar or rubble look.
2.8.4.5.2.3. AutOmotive and other special type service buildings may utilize
prefabricated metal buildinl~s under the following conditions.
(1) Metal buildings are more than two hundred and fifty feet from
any fight-of-way;
~ Metal buildings are located directly behind the main
showroom/sales center so as not to be a dominant facade alo..ng
the streetl
(3) No more than twenty (20) percent of the building can be
beyond the main auto sales center and showroom.
2.8.4.5.2.3. Predominant exterior color(s).
2.8.4.5.2.3.1. The use of black, grey, or fluorescent or primary/secondary colors is
prohibited as the predominant ,exterior building or roof color(s).
Earthtone colors are encouraged.
2.8.4.5.2.4. Building trim color(s).
2.8.4.5.2.4.1. Building trim and accent areas may feature any color(s), limited to ten
percent of the affected facade segment. with a maximum trim height
of 24 inches total for its shortest distance.
2.8.4.5.2.4.2. Neon or neon type tubing shall be permitted provided for in sections
2.5.6.21. and 2.5.6.22. of this code. An approved lighting plan
consistent with the provisions of section 2.5.8.1.5.2. of this code shall
be provided.
2.8.4.6. Signage. The provisions of section 2.8.3.6. shall also apply to
commercial buildings and projects with less than 20.000 square feet
of building area.
2.8.4.7. Natural and manmade bodies of water (including retention areas
exceeding twelve (12)feet in width).
2.8.4.7.1. The shape of a manmade body of water, including wet and dry
retention areas, shall be designed to appear natural by having off-sets
in the edge alignment that are a minimum often feet and spaced 50
feet apart. Natural and manmade bodies of water, including wet and
dry retention areas, exceeding 20,000 square feet in area, an. rid which
are located adjacent to a public right-of-way, shall be incc~arate~
incorporate into the overall design of the project m at least o~ two (2)
of the following :vayz items: (see Iljustration 31 below):
JAN 2 7 7999
Words :_':':.::k thrc'.:gh are deleted, words underlined are added.
54 ~
Iljustration 31
1. Providing a minimum of five-foot wide walkway with trees an
average of 50 feet on center and shaded minimum of six-foot
long benches or picnic tables even,' 150 linear feet.
2. Providing a public access pier with covered structure and
seating.
3. Providing a plaza/courtyard, 200 square feet minimum. with
shaded benches and/or picnic tables adjacent to the water
body.
4= Permanent fountain structure.
SUBSECTION 3.G: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivisions, of Ordinance 91-102. as amended. the Collier County Land
Development Code, is hereby mended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.8.4.8. Fire hydrants. All hydrants shall be connected to water systems
having sufficient storage or emergency pumping facilities to provide
for the minimum fire flows to be maintained for at least four hours or
the current recommendation of the N&tic.q.~l F~rc Undcr::;.~srs Fir__g
""' Su resston Rating of the Insurance Sen, ices Of~c' Whicl, e~tO~s~T
PP ' "' N ·
greater. H.ydrants shall be placed on commo.n lot ines w~in mc
ir t · 1999
Words ~ ~e deleted. words underlined are added.
55
Hydrants shall be installed and placed in a manner complying with the
requirements set forth in the latest edition of NFPA No. 24 entitled
"Standard for the Installation of Private Fire Service Mains and Their
Appurtenances." published by the National Fire Protection
Association. Hydrants to be installed within subdivided lots for fire
protection purposes shall be evaluated during the site development
plan review process as required in division 3.3. Those installations
shall be in compliance with the standards set forth in the latest edition
of NFPA 1141 entitled "Standard for Fire Protection in Planned
Building Grcu::ds Groups."
1. · Residential land development. In one and two-family .~tc:'y
land developments with not more than ten dwelling units per
acre, fire hydrants shall be spaced not greater than 500 feet
apart and not more than 250 feet from the center of any lot in
the suMivision and shall be connected to mains no less than
six inches in diameter. The system shall provide capacity for
fire flows of at least 500 gallons per minute or greater, as
required by the Fire Suppression Rating Schedule of the
Insurance Services Office, in addition to maximum day
domestic requirements at residual pressures of not less than 20
pounds per square inch unless otherwise required by the
applicable fire code.
9 Commercial, industrial, ~..z,; ...... and multifamily developments.
Fire hydrants located in these areas shall be connected to water
mains no less than eight inches in diameter. In no case shall the
spacing of hydrants be greater than 500 feet apart and not more than
250 feet from the center of any lot in the subdivision. Hydrant
spacing and size shall be capable of providing water flows adequate
to meet the requirements of the Fire Suppression Rating Schedule of
the Insurance Services Office. c~..~. .............
shall the flow be less than 750 gallons per minute with the residual
pressure of 20 pounds per square inch at the most remote point of
discharge.
SUBSECTION 3.H: AMENDMENTS TO SITE DEVELOPMENI PLANS DIVISION
Division 3.3.. Site Development Plans. of Ordinance 91-102. as amended. the Collier
County Land Development Code. is hereby amended to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
See. 22.1. Tit!: r.r.~ :iraflat..
................................... ~ ................. a;;r~pr:ate ...........
inc!'--'din~ dri;'e-:,'a;': 'xzf~c ca!rain- de"ices. -arkin~ are,?.s c~d emeryeric',' aciess: ,,.h ~AGENDA I M
............ ....... ....... ..... t' 1999
Words :t.-::!: thrs:gh are deleted, words underlined are added.
.............. r-~, ........... require .......................... e ................ , .......
Words ::=~:k :~rc;~ are deleted, words underlined arc added.
.....
....... ' ...."~ ~ ....' .......' .........~ ..........~ '~ 1999
Words ;~:k :~2::~ ~e deleted, words underlined ae added.
3. North ~ow, scale and da:c.
.11 ...................... ;"~*~ StTCCtS ~.A
a. T~ta] site acreage.
g~CeS.
~ ' / ............~ ..... I N
._ ., ,,, _..,.; .........~ ~-; ....~'-- JAN 2 7 1999
Words strJck thrs:gh ~e deleted, words underlined are added.
q. A.%' additicnal tel=rant in.%._~aticn as may ~c required by the ~lanning scr.'icea director,
0r ~iz a~o;
a. '/~ ~ncb ~al~d ~lev~t~n fcr =II zlde~ cftk~ %i
drawin~ zu~m!~ed ~_~ ........ ~ r~, .~ en~ _.
l. Bu,,%ring ~d screening .~, .............. a ................. ~ ......... :
~ Buffcrin~ ~d ' ' .~: ..... to: ....:~. .
3ecticn 2.4.7.
........ r ..... rcqu:rcment ......... * tc acelien ~ a a ~
, ~6 ........ :x;'cxlcry. ,, ~ ........... vegetat:on !Eve~to~' ~'~ ......
~" *~ Site
catc-crie2 of: ..... ; ...... A ....... ;,h ....;,, ~ , ~ ~ ~
3.3.5.4.7. n._.;., ~ ..... In '~ ........... :A...;., ......... ;" ~ ..... is
r .............. Sgr.'ey , .......... :
~,;,,;,,, k~.A o~11 k ......;~d '~ AGENO ITEM
....... ~ ............. ~ ...... I No.
1t5.5. E~,:~/3~:C _~:cLT,.~c,::F]~.: a~-Hc=Hc,: x~;iTc,,~:,::s. The ~=vclo-,mc,~
Worn 2~=:k :kr:=g~ ~e deleted, words underlined are added.
..................................... ~. ~r ............ ~ ............. apprcpr:a~e ~..~ ....
d. Przviaian~ for :i:a ixiaati0n.
A .... ~:,;~_.1 .~1 ..... . ;_c~,:~_ as ..may ~ ...... ;-~ ~" *~ ~ .... : ..... ·
FaFS~I :$ di%'!sic,~ 3.7. N~GEND~E~
-- ; ............' .....~ .........;~"~ ................~; .....~ ........;"'~""""2 7 1999
Words ctP:ck :hrc=;h are deleted, words underlined are added,
........... : ma~.
refer:nce~ in .... ;~- 2.2.~.~ t3 ":'~bdivi~icn" ~hcu!d kc read *~ mean ...... v ........·
33.5.5.5.~
b. Exiztin- ccntcur~ cr rc~rczcnta::vc ~ ....................
c~ BanaLmark t~+; ..... ~ ~ .....:~_
conztrdcticn
7. Intarim %vastewatcr m~/cr water treatment pla~t ccnst.~ction or interim septic
10. All ct.~er pe,~inent da;, cc,,~F=mticn;, p!;~:, repc~:. ;~d Lhe like neccs:;%' for
'"" ...... JAN ~ 7 1999
Words :~ack thr~h ge deleted, words underlined are added.
62
zc, n~itions:
........... ;'~'-'~ ........~ ....' ..........;--; .....~;- ~=~,N 2 7 1999
Words :~2:k :~;;;% ~e deleted, words underlined ~e added.
63 pg.
............ E A ITE
Words :~;:~ :h=c=~ ~e d~l~ted, words underlined are added,
64
Sec. 3.3.]. Title 8rid citation,
This division shall be ~o~ and may be cited as the "Collier County Site Development ~d
Site Improvement PI~ Code."
See. 3.3.2. Purpose.
The intent of this division is to ensure compli~ce with the appropriate l~d development
regulations prior to the iss~ce of a building petit. This division is ~Hher intended to
ensure that ~e proposed development complies with ~nd~enml plying ~d design
principles such ~: consistency with the counW's gro~h m~agement pl~; ~e layout,
~gement of buildings. architectural design ~d open spaces; the configuration of ~e
traffic circulation system, including driveways, traffic calming devices, p~king ~e~ ~d
emergency access; the availability and capacity of drainage ~d utility facilities; ~d, ove~l
compatibility with adjacent development within the jurisdiction of Collier Co~W ~d
consideration of natural resources and proposed impacts thereon.
See. 3.3.3. Applicabili~.
All development, except as othe~ise provided herein, is subject to the provisions of this
division. The provisions of this division shall not apply to the following land use activities
and represents the sole exceptions therefrom:
1)Single-family detached and two-familv housin~ st~cture{s) on a lot(s) of record
except as othe~ise provided at section 2.6.27 (cjuster development). -
2)Underground const~ction: utilities. communications and similar undergro~d
const~ctiOn type activities.
3) Accesso~ ~d ancill~ facilities for a golf course such as restrooms, iragallon
systems, pumphouses where a prelimina~ work authorintion has been entered into
with the County.
4) Const~ction trailers and storage of equipment and materials following issu~ce of a
building petit for the use to which said activities ~e a function of, except as
otheB~ise provided by section 2.6.33.
5)Model homes ~d sales centers, except as othe~ise provided by section 2.6.33.
Project eatS, way signs, walls, gates and gu~dhouses.
%ile the above land use activities shall be exempt from the provisions of division 3.3, these
land use activities are subject to all other provisions of the land development code such as
but not limited to landscaping, tree removal, development standards and the submission
requirements aHeadant to obtaining tempora~~ use and building peEits.
See. 3.3.4. Exemptions.
Due to its location or minimal impact on s~ounding properties ~d probable minimal
impacts under the site development plan review st~d~d contained in section 3.3.5.,
st~d~d application requirements ~ described in section 3.3.6. may be waived in pm or in
full by the PImdng Se~ices Director for ag~cult~ally related development ~ identified in
the periled ~d accesso~ uses section of the ~ral agricultural zoning district; however, a
site improvement pl~ as required by Section 3.3.7. addressing the application requirements
deemed necess~ by the Pl~ing Semieel Director shall be submiRed to the pl~ing
dep~ment for review ~d approval.
SECTION 3.3.5. Site Development and Site Improvement Plan standards.
The pl~ing seaices director shall review ~d consider all site improveme ~d s~~
development pl~s in accord~ce with the following standards:
Words ::r2:~ :~re=g~ are deleted, words underlined are added.
65
3.'3.5.1. Statements regarding ownership and control of the property and the
development as well as sufficiency of conditions regarding ownership and
control, use and permanent maintenance of common open space, common
facilities, conservation/preservation areas, or common lands to ensure the
preservation of such lands and facilities will not become a future liability of
the county.
3.3.5.2. Development compliance with all appropriate zoning regulations and the
growth management plan. The ingress and egress to the proposed
development and its proposed improvements, vehicular and pedestrian safety,
separation of vehicular traffic from pedestrian and other traffic, traffic flow
and control, traffic calming devices, provision of services and servicing of
utilities and refuse collection, and access in case of fire, catastrophe or other
emergency.
3.3.5.3. The location and relationship of parking and loading facilities to
thoroughfares and internal traffic patterns within the proposed development~
considering vehicular and pedestrian safety, traffic flow and control, access in
case of fire or catastrophe, screening and landscaping.
3.3.5.4. Adequacy of recreational facilities and open spaces considering the size,
location, and development of these areas with regard to adequacy, effect on
adjacent and nearby properties as well as uses within the proposed
' development, and the relationship to community-wide open spaces and
recreation facilities.
3.3.5.5. Adequacy of the proposed landscape screens and buffers considering
preservation of the development's internal land uses as well as compatibility
with adjacent land uses.
3.3.5.6. Water management master plan on the property, considering its effect on
adjacent and nearby properties and the consequences of such water
management master plan on overall county capacities. Water management
areas shall be required to be maintained in perpetuity according to the
approved plans. Water management areas not maintained shall be corrected
according to approved plans within 30 days. The engineer of record, prior to
final acceptance, shall provide documentation from the stormwater
maintenance entity; indicating that said entity has been provided information
on how the stormwater systems functions and indicating responsibility for
maintenance of the system.
3.3.5.7. Adequacy of utility service, considering hook-in location and availability and
capacity for the uses projected.
3.3.5.8. Signage proposed for the project in conformity with division 2.5. and a
unified sign permit shall be applied for with the subminal packet for the Site
Development or Site Improvement Plan.
3.3.5.9. Architectural design of the building for all commercial developments located
in any commercial zoning district.
3.3.5.10. Such other standards as may be imposed by this code, the growth
management plan or other applicable regulations for the particular use or
activity proposed.
3.3.6. Conceptual site development plan review and approval:
At the request of the applicant and subiect to the applicable fee set forth in t[ schedule of
fees, planning services department will complete a conceptual review and is ;ue a written
summary of issues ofconcem and conceptual approval. This conceptual app. oval~h~h~n~
Words :-'-.:':k '&rz:b~. are deleted, words underlined are added.
66
mean that the project has received final approval, it shall only indicate that the proiect is in
substantial compliance with the requirements of the code and may be approved subject to
further review, changes and modifications.
See. 3.3.7. Site development plan review (SDP) procedures.
A pre-application meeting shall be conducted by the planning services director prior to the
submission of any site development or site improvement plan for review. This meeting may
be waived by the planning services director upon the written request of the applicant.
3.3.7.1. Site development plan submittal packet.' The site development submittal
packet shall include the following, if applicable:
3.3.7.1.1 Ownership.' A copy of the deed, contract for sale or agreement for sale or a
notarized statement of ownership clearly demonstrating ownership and
control of the subject lot or parcel of land.
3.3.7.1.2. Site development plan. A site development plan prepared on a maximum size
sheet measuring 24 inches by 36 inches drawn to scale and setting forth the
following information when applicable:
1. The project title and the name, address and phone number of the firm
or agent preparing the plans and the name, address and telephone
number of the property owner.
2. Zoning designation and land uses on the subject and adjacent
properties.
3. North arrow, scale and date.
4. Vicinity map clearly identifying the location of the development and
its relationship to the surrounding community.
5. A narrative statement on the plan identifying the provisions of
ownership and maintenance of all common areas, open space, private
streets and easements.
6. A site summary in chart form which shall include the following:
a. Total site acreage.
b. Total square footage of impervious area (including all parking
areas, drive-aisles, and internal streets) and its percentage of
the total site area.
c. Total square footage of landscape area/open space and its
percentage of the total site area.
d. For residential proiects, total number of units. units per acre,
and a unit breakdown by square footage and number of
bedrooms.
e. For nonresidential projects, total building footage and a square
footage breakdown by use (i.e., office, retail, storage, etc.) and
its percentage of the total building.
f. All required and provided setbacks and separations between
buildings and structures in matrix form.
7. A parking summary in matrix form which shall include:
a. Type of use.
b. Total square footage per use.
c. Required parking ratio.
d. Number of spaces required per use.
e. Number of spaces provided per use.
f. Total number of required and provided spaces including regular,
handicapped and reserved spaces.
8. The following information must be included in the SDP packet:
a. Information in the Standard Building Code, tVFreff---~ E~
construction, number of stories, total square f{ ~tage ~dr ;,~ _
roof, occupancy/use and fire sprinkler intentie ~s of all
proposed structures so that a needed fire flow lay bJflkN ~ 7 1999
determined. NFPA ! 141,
Words a..'r_'~k '..h.r~,'-F~,h are deleted, words underlined are added.
67
o73 tl
b. A fire hydrant flow test report from the applicable fire district
for the closest hydrant(s) to the project so that the available
fire flow may be determined. NFPA 1141.
9. Iljustrative information accurately depicted on the site development
plan shall be as follows unless waived at the pre-application meeting:
a. A boundary survey, prepared by a professional surveyor,
showing the location and dimensions of all properly lines,
existing streets or roads, easements, rights-of-way, and areas
dedicated to the public.
b. Name, alignment and existing/proposed rights-of-way of all
streets which border the development (including raised
islands, striping, right/left turn lanes, median cuts and nearby
intersections}, the location of all existing driveways or access
points on the opposite sides of all streets which border the
development, and the location of all traffic calming devices.
c. Location and configuration of all development ingress and
egress points.
d. Locatiorl and arrangement of all proposed buildings
(including existing buildings that are to remain).
e. Location and configuration of all parking and loading areas.
f. Name, alignment and existing/proposed right-of-way of all
internal streets and alleys.
g. Directional movement of internal vehicular traffic and its
separation from pedestrian traffic.
h. Location and configuration of recreational facilities (including
related buildings, golf course areas, tennis courts, pools, etc.).
i. Location and general configuration of all water and drainage
retention/detention areas as well as all existing and proposed
easements, and water and sewer lines intended to serve the
development.
j. Location and general configuration of such natural features as
preservation/conservation areas, water bodies, and wetlands.
k. Location of emergency access lanes, fire hydrants and fire
lanes.
I. Location of all handicapped parking spaces.
m, Location of trash enclosures.
n. Location and heights of proposed walls or fences.
o. Accurate dimensions which include the following:
{1) All building setbacks.
{2) Distance between buildings and accessory structures.
(3) Width of all internal streets.
(4) All parking areas and drive-aisles.
(5} Landscape areas adjacent to all vehicular drives, interior
property lines and all parking areas.
p. Any additional relevant information as may be required by the
planning services director.
10. For projects subject to the provisions of Division 2.8., five sets of
architectural drawings, signed and sealed by a licensed architect,
registered in the state of Florida,
a. scaled elevation for all sides of the building;
b. scaled wall section from top of roof to grade deoictin~ typical
elevation with details and materials noted, and rendered to
show materials and color scheme with paint chips and roof
color samples;
c. site sections showing the relationship to adjacent structures;
d. a unified sign plan as required division 2.8. AGENDA ITE~
Representations made on the site development plan shall become conditions of; pproval.
Architectural drawings submitted in conjunction with an application for a build insz
g 7 999
Words :~-zt: tbou?,~ are deleted. words underlined are added.
68 __. Pet.
shall be consistent with the architectural drawing submitted and approved for the SDP or
SIP.
3.3.7.1.3 Landscapingplan.. A landscape plan which shall contain the following:
1. Landscape summary. A landscape summar3' in matrix form which shall
include:
a. Graphic symbol to indicate each type of plant material.
b. Botanical name.
C. Common nalTle.
d. Total number of each type of plant material.
e. Height and spread of each type of plant material.
f.. Spacing of each type of plant material.
2. Iljustrative information. Iljustrative information consisting of the
following shall be accurately depicted on the landscape plan:
a. The location, configuration and arrangement of all proposed
buildings, internal streets and parking areas as reflected on the
site plan.
b. The location and dimensions of all proposed landscaped areas
with appropriate graphic symbols including existing trees that
are being credited toward the development's landscaping
requirements.
c. Location and configuration of all special or textured paving
areas.
d. Provisions for site irrigation.
e. Any additional relevant information as may be required by the
planning services director.
3.3.7.1.4. b~getation inventorV:
~ A generalized vegetation inventory of the property shall be required to the extent necessary,
as determined at the pre-application meeting, indicating the approximate location, densities
and species of the following:
1. Upland, wetland and estuarine vegetation including prohibited exotic
vegetation, mapped using FLUCCS terminology.
2. Any type of vegetation identified for preservation.
3. Projects containing the following shall provide a survey of identifying
species and locations on a current aerial photograph at a scale of one
inch equals 200 feet or larger or superimposed on the site plan:
a. Plants specified to remain in place or to be transplanted to
other locations on the property as specified in the applicable
development order.
b. Specimen trees designated bv the board of county
commissioners, pursuant to section 3.9.6.7.
c. State or federal rare, threatened or endangered plant species
surveyed according to accepted Florida game and freshwater
fish commission or U.S. fish and wildlife methods.
d. Existing trees that may be credited toward the development's
landscaping requirements.
4. For proposed site alteration(s} within the coastal zone as depicted on
the future land use map, in addition to the foregoing requirements, the
vegetation inventory_ shall depict the categories of impact in
accordance with section 3.12.5.1.
3.3.7.1.5. Aerialphoto. A recent aerial photo shall be provided at the same scale as the
plan delineating the development boundaries, unless waived at the pre-
application meeting.
3.3.7.1.6. Density bonus. In the event a residemial bonus is requested, as provided for
~-- in the growth management plan, a certified survey that clearly iljustrates the
location and relationship of the development to the appropri,' :e
and the related activity band shall be required.
3.3.7.1.7. Building plans. Plans showing proposed building footprints, ;patial
relationship to one another when there are multiple building, and ~.~ii.~in~
heights.
.., Words :_'r-:~ :."..-~,~:gh are deleted, words underlined are added.
69 PO.
3.3.7.1.8. Soil erosion and sediment controlplan. A soil erosion and sediment control
plan pursuant to division 3.7.
3.3.7.1.9. Infrastructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance
with the design standards of division 3.2 and any current county ordinances,
regulations, policies and procedures which consist of, but are not limited to,
the following items:
1. A cover sheet setting forth the development name, applicant name..,
name of engineering tinn, and vicinity map.
2. Improvements for water and sewer service as needed or as may have
been specified during a preliminary site development plan review
prepared in conformance with Collier County Ordinance No. 88-76,
as amended.
3. Improvements for roadway, motor vehicle and non-motorized
circulation, ingress and egress, parking and other transportation needs,
including traffic calming devices, required or as may have been
specified during the preliminary site development plan review,
prepared in conformance with section 3.2.8.4 subdivision design
requirements (for purposes of this requirement, all references in
section 3.2.8.4 to "subdivision" should be read to mean development,
where applicable and appropriate).
4. Non*motorized circulation is defined as movement by persons on
foot, bicycle or other human*powered device. Non-motorized
circulation depicting sidewalks and bicycle facilities consistent with
sections 2.8.3.4. and 3.2.8.
5. The absence of obstructions in the public right of way shall be
demonstrated, including provisions for safe and convenient street
crossing. Sidewalks and bike paths at intersections shall continue to
the edge of curb as depicted by Iljustration.
TP .~t~t-,4~F g. zzF6
JAN g ? 1999
Words c_~-ck t~rcug.h· are deleted, words underlined are added. ,
,.. 6. Two curb ramps shall be provided for sidewalks and bike paths at
each street comer of an intersection. Curb ramps shall be a minimum
of 36 inches in width and shall not rise at a ratio greater than as
outlined by the florida accessibility code for buildin~ construction.
L
__ _ Thll '-
Crosswalks shall be required at any intersection where the dist~ce to
the nearest crosswalk is greater than 1000 feet.
6. Improvements for water management pu~oses as needed or as may
have been specified during the preliminaB' site development pl~
review, prepped in confo~ance with section 3.2.8.4 subdivision
design requirements (for pu~oses of lhis requirement. all references
in section 3.2.8.4 to "subdivision" should be read to me~
development. where applicable and appropriate), and pursuit to
South Florida Water Management District rules~ chapter 40E-4, 40E-
40 ~d 40E-41. Florida Administrative Code.
7. All necessa~ standard and special details associated with sections
3.3.6.2.9.2. through 3.3.6.2.9.6. above.
8.Written technical specifications t~r all inffast~cture improvements to
be peffo~ed.
9. Engineering design computations and reports for water~ sewer, roads
~d water m~agement facilities, as required by federal, state ~d
local laws ~d regulations.
10.Topo~raphica] map of the property which shall include the following:
a. Existing features, such as. watercourses. drainage ditches,
l~es, m~shes.
b. Existing contours or representative ground elevations at spot
locations and a minimum of 50 feet beyond the property line.
~ c. Benchark locations and elevations ~NGVD).
11. Site Clearing pl~ and method of vegetation disposal. ' AG~DA TEM
Words ztT~zh thr2=~h ~e deleted, words underlined are added.
not limited to the following, shall be submitted and approved with the site
development plan:
· I. Florida Department of Environmental Protection water and sewer
facilities construction permit application.
2. Excavation permit application.
3. Florida Department of Transportation utilities construction application
and/or rights-of-way construction permits.
4. Collier County Right-of-Way Permit at the time of building permit
approval.
5. Blasting permit prior to commencement of any blasting operation.
6. South Florida Water Management District permit, if required,
Collier County general permit for water management prior to site
development plan approval.
7. Interim wastewater and/or water treatment plant construction or
interim septic system and/or private well permits prior to building
permit approval.
8. Any additional state and federal permits which may be required prior
to commencement of construction, addressing the impacts on
jurisdictional wetlands and habitat involving protected species.
10. All other pertinent data. computations, plans, reports. and the like
necessary for the proper design and construction of the development
that may be submitted.
11. All necessary performance securities required by Collier County
ordinances in effect at the time of construction.
3.3.8. Site improvement plan review. Submittal of a site plan may be reviewed
under the Site Improvement Plan (SIP) review process if the development
proposal meets all of the following conditions:
3.3.8.1. The project involves a site which is currently improved with principal
structures, parking facilities, water and sewer services. and defined
ingress/egress.
3.3.8.2. The proposed use will not require an expansion of the existing impervious
areas to degree which would require engineering review or otherwise affect
on-site surface water management facilities as may be documented by waiver
letters from the South Florida Water Management District or Collier County
where applicable.
3.3.8.3. Written documentation from appropriate agencies acknowledging that water
and sewer services are available at the site and are adequate to serve the
proposed use.
3.3.8.4. Site improvement plan submittal and review. A site improvement plan (SIP)
shall be prepared on a 24-inch by 36-inch sheet drawn to scale and setting
forth the following information:
1. The project title, property owner, address and telephone number.
2. Legal description, scale, and north arrow.
3. Zoning designation of the subject site and adiacent sites and the
proposed use of the subject site.
4, Location, configuration and dimensions of all building and lot
improvements.
5. Location and configuration of parking and loading areas, and the
directional movement of internal vehicle traffic.
6. Location and dimension of access point(s) to the site.
7. Parking summary in matrix form, indicating the required and provided
parking for each existing and proposed use.
8. Location and configuration of handicapped parking facilities and
building accessibility features.
9. Location, dimension and configuration of existing water manag_e__ment
facilities. I
10. Locatio~n of tras___.__.hhh enclosures..__...__.__~
s cifications as
11. Location of existing and proposed landscaping with ,J A
to size, quantity and type of vegetation.
Words :~_'~k ~.re. uF, h are deleted, words underlined are added.
72
12.All required and pro. vided setbacks and separations between structures
in matrix form.
13. Any additional relevant information as may be required bv the
planninR services director.
Sec. 3.3.9. Amendments.
Any proposed change or amendment to a previously approved site
development plan shall be subject to review and approval by the planning
services director. Upon submittal of a plan clearly iljustrating the proposed
change, the planning services director shall determine whether or not it
constitutes a substantial change. In the event the planning services director
determineslthe change is substantial, the applicant shall be required to follow
the review procedures set forth for a new site development plan. A
substantial change shall be defined as:
3.3.9.1. Any change which substantially affects existing transportation circulation,
parking or building arrangements, drainage, landscaping, buffering, identified
preservation/conservation areas and other site development plan
considerations; or
3.3,9.2. Any other change the planning services director may determine as
significantly altering the general layout, configuration and arrangement of the
project.
3.3.9.3. In the event the planning services director determines the change to be less
than substantial, the applicant shall not be required to follow the review
procedures set forth for a new site development plan.
Sec. 3.3.10. Site development plan time limits.
Approved site development plans shall remain in force for two years. If no
development/actual construction has commenced within two years, the site
development plan shall expire. A one-year extension may be granted for good
cause shown upon written application submitted to the planning services
director prior to expiration of the preceding approval. When extending the
site development plan approval, the planning services director shall require
the approval to be modified to bring the plan into compliance with any new
provisions of this code in effect at the time of the extension request.
See. 3.3.11. Violations.
No building permit or certificate of occupancy shall be issued except in
compliance with the approved site development plan. Violation of the terms
identified in the approved site development plan shall constitute a violation of
this code.
SUBSECTION 3.1: AMENDMENTS TO ADEQUATE PUBLIC FACILITIES DIVISION
Division 3.15.. Adequate Public Facilities. of Ordinance 91-102. as amended. the Collier
County Land Development code, is hereby amended as follows:
DIVISION 3.1: ADEQUATE PUBLIC FACILITIES DIVISION
E::. ~.!~.!. F-"nd!ng:.
Words :frisk thre:gk are deleted, words underlined are added.
73
2. !5. !.2. The CIE is required to:
~ ~ ' ~ A~cr "~-';~- ~r +~ ....... h~_~: .... ,~. *~ Act __..A
3. l 5.1.5. F.S, ~ 153.3177(! O)(h), provides t,~at public facilities ~:~ =.wices
=ccJeJ t~ suFpo~ Jc','claFmcnt must ~ available ca=cu~cnt with the
not ;~"" a ...... F
~ ~ ~ ~ ~ ~. c ..... ~- 1990, cc~ain provisions ~c,u, ---~ .... r .....
3.!5.1.2. n, x~ ..... K~, ~ ~n~n +~ A ......... t ....... ; ....
_~ .....A I AGENDA ~EM
~ ~ ~ ~ ~ ~ O= Decemir & 1990. the ~e-a=me=t cf :smmu=itv affairs iss'a2~ its
i
Words s:::k L~rs:gh are deleted, words underlined are added.
74 I po. ~q3
ccmm~sslcncrs find that this d~v~s~cn is consistent ':,'hh -~ fullers
Sec. 3.1S.~!. Short title, authori~' and applicabili~.
3.15.~L I. ~hon lil/e. This division shall be kno~ and may be cited as the
'Collier County Adequate Public Facilities Ordinance."
AGEND ITEM
3. ] 5.~L 2. Aulhor~. The board of county commissioners of Collie Coun~°h~
the authority to adopt this division pursuit to A~icl¢ 'III. Section
l(D, m. co.~t.. Es. ~2s.01 ~t. ~q., ~.s. ~6z.3~6~ t. sg~.s2 ? 1999
Words ::r=:k th;c=~h arc deleted, words underlined arc added.
§163.3161(8). F.S. §§163.3177(10)(h) AND F.S. §I163.3202(2)(g),
and Rule 9J-5, F.A.C.
3.15.~1.3. Applicability. This division shall apply to all development in the total
unincorporated area of Collier County, and to all public facilities
owned by Collier County in the incorporated or unincorporated areas
of Collier County. and to all privately-owned public facilities where
the level of service has been established by the county.
Sec. 3.15.32. Intent and purpose.
3.15.32.1. Intent. This division is intended to implement and be consistent with
the Collier CounW Growth Management Plan, F.S. § 163.3161 et. seq.,
and Rule 9J-5, F.A.C., by ensuring that all development in Collier
Count>' be served by adequate public facilities.
3.15.32.2. Purpose. This objective is accomplished by (I) establishing a
management and monitoring system to evaluate and coordinate the
timing and provision of the necessary public facilities to service
development. and (2) by establishing a regulatory program that
ensures that each public facility is available to serve development
concurrent with when the impacts of development occur on the public
facilities.
3.15.32.3. Minimum requirements. The provisions of this division in their
interpretation and application are declared to be the minimum
requirements necessary to accomplish the stated intenU purposes. and
objectives of this division.
Sec. 3.15.43.1. Definitions.
3.15.43.1. Annual update and inventory report or AUIR means the county report
on public facilities described in section 3.15.7-,6_.2.
3.15.43_.2. Application for development approval means an application submitted
to Collier County requesting the approval of a development order.
3.15.43_.3. Capital drainage facilities means the planning of, engineering for,
acquisition of land for, or the construction of drainage and water
management facilities necessary. tbr proposed development to meet
the LOS for drainage facilities.
3.15.43_.4. Capital park facilities means the planning of, engineering for,
acquisition of land for. or construction of buildings and park
equipment necessar,.' to meet the LOS for park facilities.
3.15.43_.5. Capital road facilities or capital road improvement shall include
transportation planning for, right-of-way acquisition for, engineering
for, and construction of any project eligible for inclusion as a road
project in the road component of the CIE of the Collier County
Growth Management Plan or the Five-Year Florida Department of
Transportation Plan.
3.15.43_.6. Capitalpotable water facilities mean the planning of. engineering for,
acquisition of land for. or construction of potable water facilities
necessa~ to meet the LOS for potable water facilities.
3.15.43_.7. Capital sanitary sewer facilities mean the planning oL er~g~r~n~dTE~--
for, acquisition of land for, or construction of sanitar3 sewer facilities
necessary to meet the LOS for sanitary. sewer facilitie.,
JAN 2, 7 1999
Words :t:".:'ck :hrsugh are deleted, words underlined are added.
76
3.15.43.8. Capital solid waste ,facilities mean the planning oL engineering for.
~ acquisition of land ibr. or construction of solid waste facilities
necessary to meet the LOS for solid waste facilities.
3.15.43.9. Comprehensive plan means a plan that meets the requirements of F.S.
§§163.3177 and 163.3178. and shall mean the Collier County Growth
Management Plan, where referenced in this dMsion.
3.15.43.10. Reserved
3.15.43.11. Deficient road segment means the following:
3.15.43. I 1.1. A county or state road segment on the major road network system that
either:
3.15.43.11.1.1. Has an adopted LOS "C" peak season. peak hour, that has operated
below LOS "C" peak season, peak hour. based on the annual update
and inventory report CAUIR"): or
3.15.43.11.1.2. Has an adopted LOS "D" peak season. peak hour, that has operated
below' LOS "D" peak season. peak hour. for two years or more based
on the AUIR: or
3.15.43.11.1.3. Has an adopted LOS "D" peak season, peak hour. that is operating
below' LOS "E". peak season, peak hour. based on the AUIR; or
3.15.43_.11.1.4. Has an adopted LOS "E" peak season. peak hour, that is operating
worse than LOS "E" peak season, peak hour. based on the AUIR.
3.15.43.11.2. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whether it is a deficient road
segment. the county shall consider:
3.15.43.11.2.1. Any capital road improvement currently in place:
3.15.43.11.2.2. Any capital road improvement that is under construction:
3.15.43_.11.2.3. Any capital. road improvement guaranteed in an enforceable
development agreement that includes the provisions in subsections
3.15.43_.10.2.1 and 3.15.43.10.2.2.:
3.15.43.1 ].2.4. The actual construction of the required capital improvement is
included and is scheduled to commence in or betbre the third >'ear of
the state's five-year work program and the county's current five-year
capital improvement schedule adopted as pan of the growth
management plan: and
3.15.43_.11.2.5. The board of county commissioners has made an express finding,
after a public hearing, that the current five-year capital improvement
schedule is based on a realistic. financially feasible program of
funding from existing revenue sources.
3.15.43_.12. Developer means any person. including a govemrnental agency,
undertaking any development as defined in this division.
,---- 3.15.43_.13, Development agreement has the meaning contemplated in F.S.
§163.3220 el. seq.
3.15.43_.14. Development has the meaning given it in F.S. §380.04
JAN g 7 1999
Words s:.".:c~ :hrc::~,h are deleted. words underlined are added.
77
....
3.15.43_. 15. De~,elopment order means any order, pen'nit. determination. or action
granting, denying, or granting with conditions an application for any
final local development order. building permit. temporary. use permit.
temporary construction and development permit. sign permit. well
permit. spot survey. electrical permit. plumbing permit. occupational
license. boat dock permit. HVAC permit. septic tank permit. fight-of-
way permit. blasting permit, excavation permit. construction approval
for infrastructure (including water. sewer. gradtng, paving), approved
development of regional impact (DRI). zoning ordinance amendment,
comprehensive plan amendment. flood variance. coastal construction
control line variance, tree removal permits, site development plan
approval, suMivision approval (including plats, plans. variances, and
amendments), rezoning, PUD amendment. certification, conditional
use (provisional use), variance, or any other official action of Collier
County having the effect of permitting development as defined in this
division,
3.15.43.16. Final development order means a final local development order or a
final DRI development order.
3.15.43.17. Final DRI development order means a development order. as
amended from time to time. adopted by the board of county
commissioners of Collier County and approved by the state pursuant
to F.S. §380.06. notice of which is recorded pursuant to F.S.
§380.06(15)(f).
3.15.43.18. Final local development order means any valid. unexpired building
permit or mobile home tie-down permit issued by the county.
3.15.43.19. Gro~,th management plan or GMP means the most recently adopted
and effective comprehensive plan of Collier County. as amended from
time to time.
3.15.43.20. Land development regulations mean ordinances enacted by Collier
County pursuant to F.S. §163/:3161 et. seq.. for the regulation of
development, and includes any zoning. subdivision. impact fee,
building construction, or sign regulations. or any other regulations
controlling the development of land.
3.15.43.21. Level ~/'ser~'ice eLOSt means an indicator of the extent or degree of
service provided by. or proposed to be provided by a public facility
based on and related to the operational characteristics of the public
facility. as adopted in the Collier Count)' growth management plan.
LOS shall indicate the capacity per unit of demand tbr each public
facility.
3.15.43_.21.1. Level of service calculations for roads mean calculations that are
performed annually following the end of the calendar year by
comparing average annual daily traffic counts to the annual average
daily traffic service volume look-up tables in the traffic circulation
element. These tables are calculated to express the annul average
daily traffic volumes based upon the 100th highest volume hour of the
year, or peak season. peak hour. Annual average daily traffic (AADT)
is generally calculated as the average of a daily 24-hour two-way
volume. counted in each of the four seasons of the year. On some low
volume roads. a single annual count may be taken and factored to the
annual average daily traffic volume using a mon~hJ.·
3.15.43_.22. LOS for capital drainage .facilities ,.'aries among 11 · ' '
Words s,m_'c~ t~;c=;h are deleted, words underlined are added.
78
,A other public entity, 2) existing capital drainage facilities owned or
operated by private persons. and 3) new capital drainage facilities
owned or operated by private persons. For those capital drainage
facilities (publicly or privately owned) that are in existence on the
effective date of this dMsion and for those new capital drainage
facilities owned or operated by a local government or other public
entity, the LOS is the existing LOS as identified (by design storm
retum frequency event) in the Collier County Water Management
Master Plan. For new capital drainage facilities owned or operated by
private persons. the LOS is identified in the drainage sub-element and
capital improvement element policy 1.1.5.A.3 (present requirements
are .a 25-year, three-day storm event) and is based on those standards
and requirements for renewal and approval of drainage and
stormwater management plans established in the Collier County
Water Management Policy Ordinance. No. 74-50, as amended and
Ordinance No. 90-10 which are incorporated herein by reference.
3.15.43.23. LOS ,for capital park facilities means 2.9412 acres per 1,000 persons
for regional park land: 1.2882 acres per/1.000 persons for community
park land: and $179.00 of capital investment per capita (at current
cost) for recreational facilities.
3.15.43_.24. LOS for capital potable water ji~cilities varies between public water
systems and private water systems. For public water z;,'atemz, th__e
county water and sewer district the LOS is 135 18__5 gallons per capita
per dav (GPCD): plus 21 percent .~br
_. .,4: ......... For the Goodland water district the
"' (with he, '~ ~ percent ._j
LOS is 163 GPCD. For the city of Naples unincorporated service
area the LOS is 163 GPCD. For the Everglades Citv unincorporated
sen*ice area the LOS is 163 GPCD. For private potable water
systems. the LOS is as tbllows. except that approved private wells are
exempt from these LOS requirements:
Type o/Establishment Galhms Per D~x' /GPDJ
Airports
(a) Per passenger 5
(b) Add per employee 20
Barber and beauty shops ~per chair) I00
Boy, ling alleys {.toilet wastes only per I00
lane )
CountD' club
(a) Per resident meml~er 100
(b) Per member present 25
(c) Per employee 20
Dentist offices
(a) Per ~et chair 200
(b) Per non-wet chair 50
Doctors office (per doctor) 250
Factories, exclusive of industrial
wastes (gallons per person per shift)
(a) No showers provided 20
(b) Showers provided 35
Food service operations
(a) Ordinary. restaurant (per seat) 50
{b) 24-hour restaurant (per seat) 75
(c) Single service articles only (per 25
¢~ person )
(d) Bar and cocktail lounge (per 30 A~GEN~2TEM
person) N
(e) Drive-in restaurant (per car 50
space)
Ca .oouton y JAN 2 7 1 99
1. Per 100 square tbet of floor 50
Words s:.-,:'zk ',Srz"g.% are deleted, words underlined are added,
79 _
space
2. Add per employee 20
(g) Institutions (per meal) 5
Hotels and motels
(a) Regular (per room) 150
(b) Resort hotels. camps. cottages 7.~
T)~ve of Establishment Gallons Per Den, (GPDJ
(per person)
(c) Add for establishments with self 40'0
service laundry. facilities (per machine)
Office building (per employee per 8 20
hour shift)
Service stations (per water closet and 250
per urinal)
Shopping centers without food or 0.1
laundry (per square foot of floor space)
Stadiums, race tracks, ball parks (per 5
seat)
Stores per square foot of floor space 0.1
Theatres
(a) Indoor. auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) I 0
Trailer/mobile home park (per trailer 200
space
Travel trailer/recreational vehicle
park
(a) Travel trailer (overnight), 75
without water and sewer hook-up iper
trailer space)
(b) Travel trailer (overnight). with 100
water and sewer hook-ups (per trailer
space)
Swimming and bathing facilities. 10
public (per person)
Churches ~per seat) 3
Hospitals (per bed ) 200
Nursing, rest homes (per bed) 100
Parks, public picnic
(a) With toilets only (per personl 5
(b) With bathhouse, showers and I 0
toilets (per person ~
Public institution s other than schools 100
and hospitals (per person)
Schools (per student)
(a) Day-type 15
(b) Add for showers 5
(c) Add for cafeteria 5
(d) Add for day school workers 15
(e) Boarding-t~pe 75
WorL'Construction camps
Sere i-permanent ( per worker) 50
Residences
(a) single or multiple family (per 150
dwelling unit) one bedroom and 600
square feet or less heated or cooled
area
Two bedrooms and 601-1,000 300
square feet heated or cooled area
Three bedrooms and 1.001-2.000 450
square feet heated or cooled area
Four or more bedrooms and more 600
than 2.000 square feet heated or
cooled area
(b) Other (per occupant) 75
, 5 5 7,oi
ho~r: !. J g N 2 7 1999
Words s,,*:",:'ck tkrc::~ are deleted, words underlined are added. :
80 PcL o~q~'
'~ Road Segment
Airport Road Pine Ridge Road to Golden Gate Parkway
Golden Gate Pkwy Airport Rd. to Santa Barbara Blvd.
Goodlene-Frank Rd. Pine Ridge Rd. to Golden Gate Parkway
Goodlene-Frank Rd. Golden Gate Parkway to U.S. 4 I
Pine Ridge Road Airport Road to 1-75
The County has declared as "constrained" the foliowine; segment:
Vanderbilt Beach Rd. U.S. 4] to Gulfshore Drive
On all other county roads on the major road network system. the LOS is "D"
peak season, peak hour; however such a county road segment may operate at
LOS "E", peak season, peak hour, for a period not to exceed two fiscal years
so as to provide Collier County time to make the capital road improvements
needed to restore the road to LOS "D" peak season. peak hour. or better.
The LOS on state and federal roads shall be as follows based on peak season,
peak hour:
Rural Existing Urbanized Transttioning Urbanized
Road .4tea Rural Area Area
1-75 C-B ~
U S41 C D C-D
SR-84 C D C-;_.D
SR-951 D GD
SR-29
SR-82
3.15.41.26. LOS for capital sanitary sewer facilities varies bev~veen public sanitary sewer
systems and private sanitary sewer systems. The LOS for public sanitary
""' sewer systems is 100 gallons per capita per day (gpcd). plus 21 percent for
nonresidential development. making the LOS 121 gpcd.
The LOS for private sanitary sewer systems is as required by the State of
Florida in Chapter 10-D-6. F.A.C. These standards vary according to the
type of land use. They are as follows. except that approved private septic
systems are exempt from these LOS requirements:
T)~e of Establishmem Gallons Per Dqv (GPD)
Airports
(a) Per passenger 5
(b) Add per employee 20
Barber and beauty shop {per chair) 100
bowling alleys (toilet wastes onl.x per 100
lane)
Count~ club
(a) Per resident member 100
(b) Per member present 25
(c) Per employee 20
Dentist office
(a) Per wet chair 200
(b) Per non-wet chair 50
Doctors offices (per doctor) 250
Factories, :xclusive of industrial wastes
(gallons per person per shift)
(a) No showers provided 20
(b) Showers provided 35
Food service operations
(a) Ordinary restaurant (per seat) 50
(b) 24-hour restaurant (per seat) 75
(c) Single service articles only (per personl 25
(d) Bar and cocktail lounge (per person) 30 i ~AGEN'~TIiM
(e) Drive-in restaurant (per car space) 50 N
(f) Carry out only':
1. Per 100 square feet of floor space 50
2. Add per employee 20
Words ':tr'-_.k :.h. rz;:F,~ are deleted. words underlined are added.
7:vpe of Establishment Gallons Pcr DcO' tGPD~
Hotels and motels
(a) Regular tper room) 100
(b) Resort hotels. camps. cottages (per personl 75
(c) Add for establishments with self service laundry 400
facilities (per machine)
Office building (per worker) 20
Service stations (per bay) 500
Shopping centers without food or laundr2,.' (per 0.1
square foot of floor space)
Stadiums, race tracks. ball parks (per seat) 5
Stores (without food service)
(a) Private toilets, for employees only (per employee) 20
(b)'Public toilets (per square foot of floor space) 0.1
Theaters
(a) Indoor, auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) 10
Trailer/mobile home park (per trailer space) 200
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight), without ~ater and 50
sewer hookup (per trailer space)
(b) Travel trailer (overnight), with 100
water and sewer hook-ups (per trailer
space)
Swimming and bathing facilities. 10
public (per person]
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per person) 100
Parks. public picnic
(a) With toilets only (per person) 5
(b) With bathhouse, showers and I 0
toilets (per person)
Public institutions other than schools 100
and hospitals iper person)
Schools (per student)
(a) Day-type 15
(b) Add for showers ~
(c) Add for cafeteria 5
(d) Add for da.x school workers 15
(e) Boarding type 75
Workjconstruction camps semi- 50
permanent (per worker)
Residences
(a) Single-family (per bedroom) 150
(b) Apartment Iper bedroom) 150
(c) Mobile home not in a trailer 150
park (per bedroom)
(d) Other (per occupantl 75
3.15.43.27. LOS for capital solid waste .fadlilies requires sufficient capital solid
waste l~cilities to dispose of !.29 1.10 tons of solid waste per capita
per year. In addition. the LOS requires two >'ears of landfill lined cell
disposal capacity at present fill rates and ten >'ears of landfill raw land
capacity at present fill rates.
3.15.43.28. LOS "C"peak season, peak hour is in the range of stable flow, but
marks the beginning of the range of flow in which the operation of
individual users becomes significantly afti:cted by interactions with
others in the traffic stream. The selection of speed is affected by the
presence of other. and maneuvering either the traffic stream requires
substantial vigilance on the pan of the user. The general level of
comfort and convenience declines noticeably at this level. LOS "C"
peak season. peak hour. is based on the 100th highest hourly traffic
volumes during a calendar year for the ','arious types of road~easett
by Special Report 209. "Highway Capacity Manual Trallsportauun
Research Board. National Research Council. Washin ton. D.C.. 1985.
or subsequent re,,'isions thereto. ,.J~N ~ 7
Words gtr.:r,!: t~rz"gk are deleted. words underlined are added.
82
3.15.43_.29. LOS "D"peak season. peak hour represents a high-density, but stable,
flow. Speed and freedom to maneuver are severely restricted. and the
driver or pedestrian experiences a generally poor level of comfort and
convenience. Small increases in traffic flow will generally cause
operational problems at this level. LOS '*D" peak season. peak hour,
is based on the 100th highest hourly traffic volumes during a calendar
year for the various types of roads defined by Special Report 209,
"Highway Capacity Manual." Transportation Research Board.
National Research Council, Washington. D.C., 1985, or subsequent
revisions thereto.
3.15.43.29.1. LOS "E"peak season, peak hour represents operating conditions at or
near capacity. All speeds are significantly reduced. Freedom to
maneuver is difficult. Comfort and convenience is extremely poor,
and motorist frustration is generally high. LOS "E" peak season, peak
hour, is based on the 100th highest hourly traffic volumes during a
calendar year for the various types of roads defined by Special Report
209, "Highway Capacity Manual". Transportation Research Board,
National Research Council. Washington. D.C. 1985. or subsequent
revisions thereto.
3.15.43.30. Peak season, peak hour is considered to be the 100th highest volume
hour of the year. and is the basic time reference used to calculate
levels of service using the definitions and methodologies of the 1985
Highway Capacity Manual (or its current edition). For planning and
concurrency applications. peak season. peak hour conditions are
converted to annual average daily traffic (AADT) level of service
maximum volumes and are presented in a series of look-up tables
adopted in the traffic circulation element of the growth management
. plan.
3.15.43.31. Major road network system means all arterial and collector roads
within the total unincorporated Collier County. The major road
network system is depicted in the traffic circulation element of the
Collier County Growth Management Plan.
3.15.43.32. Person means an individual. corporation. governmental agency,
business trust. estate. trust. partnership. association. two or more
persons having a joint or common interest. or any other entity, and its
designated agents. successors or assigns.
3.15.43_.33. Potentially deficient road segment means the tbllo~ing:
3.15.43.33.1. A count>' or state road segment on the major road network system
whose adopted LOS standard is LOS "C" or LOS "D". peak season,
peak hour. that is presently operated at its adopted LOS, or whose
adopted LOS is LOS "D" peak season. peak hours. and has operated
at LOS "E" peak season. peak hour, for two years or less, based on the
AUIR. A potentially deficient road segment which has an adopted
LOS "D" peak season. peak hour, may operate at LOS "E", peak
season, peak hour. for two years before it shall become a deficient
road segment.
3.15.4_3.33.2. A county or state road segment on the major road network system
whose adopted LOS standard is "E". peak season. pe mk hour,Alit~djt
presently operating at LOS "E" peak season. peak ho~r. basd~on the ~r.~.
AUIR.
J,a,N 2 7 1999
Words s::"-'-z~ ~,",r~',:'~,", are deleted, words underlined are added.
83 Pcl.
3.15.43.33.3. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whether it is a potentially
deficient road segment. the count>' shall consider:
3.15.43.33.3.1. Any capital road improvement currently in place:
3.15.43.33.3.2. Any capital road improvement that is under construction:
3.15.43.33.3.3. Any capital road improvement guaranteed in an enforceable
development agreement that includes the provisions in subsections
3.15.43.33.3.1 and 3.15.43.33.3.2:
3.15.43.33.3.4. The actual construction of the required capital road improvement is
included and is scheduled to commence in or before the third year of
the state's five-year work program and the county's current five-year
capital improvement schedule adopted as pan of the growth
management plan: and
3.15.43.33.3.5. The board of county commissioners has made an express finding,
after a public hearing, that the current five-year capital improvement
schedule is based on a realistic. financially feasible program of
funding from existing revenue sources.
3.15.43.34. Public facilities mean capital drainage facilities. capital park facilities,
capital potable water facilities. capital road facilities. capital sanitary
seer facilities, and capital solid waste facilities.
Sec. 3.15.F~4_. Rules of construction.
In the construction of this division. the rules set out in this section shall be observed unless
such construction is inconsistent with the manifest intent of the Collier County Board of
Count>, Commissioners. The rules of construction and definitions set forth herein shall not
be applied to any provisions which expressly exclude such construction. or where the subject
matter. content or context of such provisions would make such construction internally
inconsistent or inconsistent with other provisions of this dMsion.
3.15.~_. 1. Generally. All provisions. terms. phrases and expressions contained
in this division shall be liberally construed in order that the true intent
and meaning of the Collier County Board of County Commissioners
may be fully carried out. Terms used in this division, unless
otherwise specifically provided. shall have the meanings prescribed
by the statutes of this state for the same terms.
In the interpretation and application of an>' provision of this division it
shall be held to be the minimum requirement adopted for the
promotion of the public health. safety. comfort, convenience and
general welfare. Where any provision of this division imposes greater
restrictions upon the subject matter than a general provision imposed
by the growth management plan or another provision of this division,
the provision imposing the greater restriction or regulation shall be
deemed to be controlling.
3.15 .=54_.2. Text. In case of any difference of meaning or implication between the
text of this division and any figure. the text shall control.
3.15.1~_.3.Computation of time. The time within which an act is to be done shall
be computed by excluding the first and including _. _
t a
last day is Saturday, Sunday or legal holiday, t d
excluded.
" JAN 2 7 1999
Words szr-'-ck thrs"r,h are deleted. words underlined are added.
84
3.15._-!4_.4. Day, The word "day'' shall mean a calendar day. unless "business"
day is indicated.
3.15..i/_.5. Delegation of authori.ty. Whenever a provision appears requiring a
division administrator. the head of a department or some other county
officer or employee to do some act or perlbrm some duty, it is to be
construed to authorized the division administrator= head of the
department or some other county officer or employee to designate,
delegate and authorize professional level subordinates to perform the
required act or duty unless the terms of the provision or section
specify otherwise.
3.15.~_.6. Gender. Words importing the masculine gender shall be construed to
include the feminine and neuter.
3.15.~_.7. Month. The word "month" shall mean a calendar month.
3.15.:,q4_.8. Non-technical and technical words. Words and phrases shall be
construed according to the common and approved usage of the
language, but technical words and phrases and such others as may
have acquired a peculiar and appropriate meaning in law shall be
construed and understood according to such meaning.
3.15.-54__.9. Number. A word importing the singular number only, may extend
and be applied to several persons and things as well as to one person
and thing. The use of the plural number shall be deemed to include
any single person or thing.
3.1534_. 10. Shall, may. The word "shall" is mandatory: "may" is permissive.
3.15.:54_. 11. Tense. Words used in the past or present tense include the future as
well as the past or present.
3.15.:54_. 12. Week. The word "week" shall mean seven calendar days.
3.1534_.13. I~'?itten or in writing The term "written" or "in x~Titing" shall be
construed to include any representation of words. letters. or figures
whether by printing or other form or method of writing.
3.15.-5'4_. 14. J'ear. The word "year" shall mean a calendar >,ear. unless a fiscal year
is indicated or 365 days is indicated.
Sec. 3,15.65. Establishment of management and monitoring program and
regulatoR' program: the annual update and inventor>' report
(AUIR), CIE amendments, and annual budget.
In order to implement the mandate of the Collier Count>' Growth Management Plan
to ensure that adequate potable water, sanitary. sewer. solid waste. drainage, park and road
public facilities are available to accommodate development in Collier County concurrent
with when the impacts of development occur on such public facilities. the board of county
commissioners establishes. pursuant to the terms of this division. (1) a management and
monitoring program that evaluates the conditions of public facilities to ensure they are being
adequately planned for and funded to maintain the LOS for each public facility. and (2) a
regulatory program that ensures that each public facility is available to serve development
orders which are subject to the provisions of this division.
AGENDA ITEM
See. 3.15;7-6. Management and monitoring program. ~
- No
3.15.-7-6_.1. General. In order to ensure that adequate potabl water. sanita~.'
sewer. solid waste. drainage, park and road pu~ tic f~l~Niee ~e 1999
available concurrent with when the impacts of deve 3pment occur on
Words :t~.:'ck :~re-;:g~ are deleted. words underlined are added.
such public lhcilities. the county shall establish the tbllowing
management and monitoring practices. Their purpose is to evaluate
and coordinate the timing, provision. and funding of potable water,
sanitary. sewer. solid waste. drainage. park and road public facilities
(1) to ensure adequate planning and funding to maintain the LOS for
the public facilities. and (2) to evaluate the capacity of the public
facilities for use in the regulator}.' program to ensure that no
development orders subject to concurrency regulation are issued
unless adequate public facilities are available to serve the
development concurrent with when the impacts of that development
occur.
3.15.~_.2. Annual update and inventory report on public facilities (AUIR). On
or about " ....... December l of each year. the Community
Development and Environmental Services Division Administrator
shall complete an annual update and inventory report on public
facilities (hereinafter "AUIR"). The AUIR shall determine the
existing conditions of all capital potable water. capital sanitary sewer,
capital solid waste. capital drainage, capital park. and capital road
public facilities to determine and summarize the available capacity of
these capital improvements (public facilities) based on their LOS.
forecast the capacity of existing and planned public facilities
identified in the five-year capital improvement schedule for each of
the five succeeding years, and ten succeeding years. and identify new
projects needed to maintain adopted LOS. The forecasts shall be
based on the most recently updated schedule of capital improvements
(public facilities) for each public facility. The AUIR shall be based
on the most recent bureau of economic and business research (BEBR)
hi-h range population projections. updated public facility inventories,
~ -
updated unit costs and revenue projections. and analysis of the most
recent traffic county data.
The findings of the AUIR shall form the basis lbr the preparation of
the next annual update and amendment to the CIE. an>' projzct~ tc be
;~oh,,~,~ in ,t, ......... , ....... ~ t,..a~, the determination of any area
of significant influence (ASI) and the review of and issuance of
development orders subject to the provisions of this dMsion during
the next >'ear.
3.15.36.2. l Annual determination qf adequate "Category .-I" pub'lic ./bcilities
(concurrencv). On or about/' ....... December 1 of each year. the
Community Development and Environmental Services Division
Administrator will present the AUIR report to the board of count>'
commissioners identifying deficiencies pr potential deficiencies in
"Category A" public facilities and remedial action options including
but not limited to the following:
1. Establishment of areas of significant influence (ASFs):
2. Public facility project additions to the CIE:
3. Deferral of development order issuance in afti:cted areas pending:~
a. Lowering of LOS via growth management plan amendment:
b. Inclusion of necessary public facilitv projects in
adopted annual budget and next annGal CIE updal and
amendment:
JAN 2 7 1999
c. Approval of new or increased revenue sources fo
Words ~rr,:ck L~.~c::~h arc deleted. words underlined ar~ added.
needed public facility' projects by the board of
county commissioners. the state legislature or the
county voters.
3.15.:7-6.3 Recommendations on the annual CIE update and annual budget.
Based upon the AUIR analysis. the Community Development and
Environmental Services Division Administrator shall propose to the
Collier County Planning Commission and the Board of County
Commissioners on or about October I of each year. the annual update
and amendment to the CIE as pan of the annual grovah management
plan amendment cycle transmittal public hearings. It will include the
public facilities needed to maintain LOS as directed by the board of
county commissioners upon presentation of the AUIR. The annual
budget, which is to be adopted by October I of each year shall also
include projects and funding as directed by the board upon
presentation of the prior AUIR.
3.15 .-7fi.4 Establishment of'area of significant influence (ASI).for roads.
3, 15.-7-6_.4.1 Establishment c~f arears~ of significant influence (ASI). If the finding
of the AUIR analysis identify. additional road improvement projects
needed to maintain adopted LOS. the>' may be included in the road
component of the proposed annual CIE update and amendment at the
discretion of the board. Based upon board direction on inclusion of
additional road projects. the Community Development and
Environmental Services Division Administrator, in conjunction with
the MPO chief and transportation services department director may
propose and identify one or more areas of significant influence (ASI)
around any deficient or potentially deficient road segment (except
where such potentially deficient road segment is projected not to
exceed its adopted LOS within the first three years of the five-year
schedule of capital improvements in the CIE update and amendment
proposed for transmittal on or about October 1. and the estimated
annual residual capacity trips that would be allocated to those
applicants for certificates of public facility adequacy within the ASI
encompassing such potentially deficient road segment during the next
year does not exceed the remaining trip capacity). The boundaries of
any ASI shall be established pursuant to the standards in subsection
3.15.:;t6.4.2. of this division along with the annual residual capacity
trips covering potentially deficient road segments for each ASI by
c ..... ~,,r January l of each year. No residual capacity trips shall be
allotted for development in an ASI encompassing a deficient road
segment.
3.15.36.4.2. Standards in establishing area Of signilicant influence (ASD.
3.15.;16.4.2.1. General. The boundaries tbr an ASI shall be based upon an
"envelope" that surrounds major road segments. In general. the ASI
surrounding a road segment will radiate out from the segment a
distance of one to three miles. depending upon natural or mamade
ti:atures. roadway facility type. Additionally, there may be an overlap
of ASI-'s due to the effect of adjacent land uses upon a roadway
segment or segments.
3.15.:7-fi.4.2.2. Standards in determining area ~f signScant influence (ASD. The
Community Development and Environmental Services Division
Administrator in conjunction with the MPO chief and transportation
services department director shall examine traffic me gement
and shall then prepare a map(s) that details the ocanon oi tile
proposed ASI(s). Such map(s) shall then be presente, to the board of
county commissioners at a regularly scheduled meetin foriot~ttNvi~Lln7
Words s:r.:."k :.h.r~.;:~ are deleted. words underlined are added.
87
The tbllowing standards shall guide the Community Development and
Environmental Services Division Administrator: MPO chief and
transportation services department director in developing these
proposed ASI'-s:
Type of Roadw~' FaclliO' Scope of .4SI
Principal Arterial Three miles on each side of
affected segment and three miles from
each end of affected segment.
Minor Arterial Two miles on each side of
affected segment and two miles
for each end of affected segment.
Collector One mile on each side of affected
segment and one mile from each end
of affected segment.
Rural Minor Collector One mile on each side of affected
segment and one mile from each end
of affected segment.
Limited Access Facility One mile from each side of the
affected segment and three (3)
miles from any access point
and each segment end.
3.15.-7-6_.4.2.3. Determining annual residual capaciD' trips. The Community
Development and Environmental Services Division Administrator in
conjunction with the MPO chief and transportation services
department director shall complete a detailed conditions analysis of
the deficient or potentially deficient road segment within each
proposed ASI boundat).' prior to proposing the boundaries of the ASI.
The analysis shall take into consideration characteristics of the road
segment (such as traffic control, signal spacing, timing, and phasing)
using procedures documented in the 1985 Highway Capacity Manual
(or its current edition). The annual residual capacity trips for the
proposed ASI covering the potentially deficient road segment shall be
based upon up to 100 percent of the potentially deficient road
segment's remaining capacity, measured in peak hour. peak season
trips. Thiny percent of the potentially deficient road segment's
remaining capacity shall be reserved for only those land uses which
generate one peak hour trip per day or less. based on the most recent
ITE Trip Generation Rate Manual.
3.15.g6.4.3. Review and approval by board of counn' commissioners. After
receipt of the proposed boundaries of a potential ASI and the
proposed residual capacity trips of the ASI from the Community
Development and Environmental Services Division Administrator the
board of county commissioners, by October January 1 of each year,
shall hold a public heating noticed pursuant to the requirements of
F.S. §125.66(5), and after consideration of the proposal and public
comment, approve the boundaries (including a map of the boundaries)
and the annual residual capacity trips of the ASI, with or without
modifications, or determine that competent substantial evidence has
been placed on the record to show that the road segment is not
potentially deficient and determine that the establishment of an ASI is
not necessary. to ensure that development orders are served by
adequate road public facilities. The approved boundarieg and an
residual capacity trip allotments for each ASI will t ecome~tC~~
on Octchef January I of each year if additional roa I improvements
are net added to the capital improvement element at tl at time.
JAN 2 7 1999
Words s.tr.:ck :.h. rc"g,~ are deleted. words underlined are added.
88
3.15.-7-6.4.4. Map o.f areas of sigmficant ir?fiuence (.451~. A map showing the
boundaries of each ASI established by the board of county
commissioners shall be kept in the Community Development and
Environmental Service Division and the office of the clerk to the
board of county commissioners for review an inspection by the public
during normal business hours.
3.15.-7fi_.4.5. Duration of established area of significant influence (AS1). Once the
boundaries of an ASI are approved by the board of county
commissioners, they are valid for one year, unless otherwise
dissolved.
3.15.:76_.4.6. Duration of residual capacity trips. Once the road facility residual
capacity trips are approved by the board of count>, commissioners,
they are valid for one year.
3.15.-74_.4.7. Dissolution of area of significant influence {ASI). If the additional
needed road improvements identified in the AUIR are added to the
CIE or funds are available for, and committed for construction of, the
needed road improvements to eliminate the classification of a road as
a deficient or potentially deficient road segment. then the area of
significant influence (ASI) established for that deficient or potentially
deficient road segment shall be dissolved in the same manner in
which it was established.
Sec. 3.15.8_7. Regulator)' program: review of development to ensure adequate
public facilities are available.
3.15.8_7.1. General. In order to ensure that adequate potable water, sanitary
sewer. solid waste. drainage. park and road public facilities are
.. available concurrent with when the impacts of development occur on
each public facility, Collier County shall establish the following
development review procedures to ensure that no development orders
subject to concurrency regulation are issued unless adequate public
facilities are available to serve the proposed development.
3.15.87.2. Exemptions. The following development orders and development
shall be exempt from the terms of this dMsion:
3.15.87.2.1. All valid. unexpired final development of regional impact (DR1)
development orders which were issued prior to adoption of the Collier
County Growth Management Plan on January 10. 1989. except where:
3.15.8_7.2. l. 1. Development conditions or stipulations applicable to concurrency, or
the provision of adequate public facilities concurrent with the impacts
of development, exist in the DRI development order:
3.15.g7.2.1.2. Substantial deviations are sought for a DRI development order, and
then, this division shall apply only to those portions of the
development for which the deviation is sought;
3.15.8_7.2.1.3. An overriding concern for public health. safety. or welfare exists',
3.15.87.2.1.4. The county can demonstrate pursuant to F.S. §380.06. that substantial
changes in the conditions underlying the approval of the development
order have occurred or the development order was based on
substantially inaccurate information provided bv the
the application of this dMsion to the developmen
established to be essential to the public health. safer md welfare; or
JAN g 7 1999
Words s..tr_'ck thrs"g,h, are deleted, words underlined are added.
89
3.15.82.2.1.5. The new requirements would not so change or alter a DRI
development order that the3' would materially or substantially affect
the developer's ability to complete the development authorized by the
DRI development order.
3.15.87.2.2. Construction of public facilities that are consistent with the Collier
County Growth Management Plan.
3.15.g7.2.3. Any development orders determined by the Community Development
and Environmental Services Division Administrator not to impact
public facilities as evaluated against the standards contained in this
division.
3.15.g7.2.4. Original temporat'>' construction and development permits and any
subsequent renewals not to exceed a cumulative period of one year.
3.15.g7.2.5. Development orders permitting replacement. reconstruction or repair
of existing development consistent with all elements of the growth
management plan.
3.15.8_7.2.6. Original temporary use permits and any subsequent renewals not to
exceed a cumulative period of one 3'ear.
3.15.87.2.7. Any development order or development whose current owner is
entitled to receive. and who properly obtains. a determination of
vested rights for adequate public facilities CAPF") in accordance with
the provisions of this section 3.15.g2.2.7.
3.15.82.2.7.1. Application. An application for determination of vested rights for
APF shall be submitted in the form established by the Community
Development and Environmental Services Division Administrator.
An application fee in an amount to be determined by the board of
county commissioners shall accompany and be pan of the application.
The application shall, at a minimum, include:
3.15.87.2.7.1.1. Name. address, and telephone number of the owner and authorized
applicant if other than the owner:
3.15.87.2.7.1.2. Street address. legal description. and acreage of the properly: and
3.15.87.2.7.1.3. All factual information and knowledge reasonably available to the
owner and applicant to address the criteria established in section
3.15.87.2.7.7.
3.15.82.2.7.2. Determination of completeness. After receipt of an application for
determination of vested rights for APF. the Community Development
and Environmental Services Division Administrator shall determine
whether the application submitted is complete. If he determines that
the application is not complete. the Community Development and
Environmental Services Division Administrator shall notify. the
applicant in writing of the deficiencies. The Community
Development and Environmental Services Division Administrator
shall take no further steps to process the application until the
deficiencies have been remedied.
3.15.87.2.7.3. Review and determination or recommendation bv Community
Development and Environmental Services Division
the county attorney. After receipt of a compleielt' appl~:~.t'o~
determination of vested rights for APF. the Commud!~ty Development
criteria in section 3:15.g7.2.7.7. Based on the review and evaluation,
the Community Development and Environmental Services Division
Administrator and the county attorney shall prepare a written
recommendation to the hearing officer that the application should be
denied. granted or granted with conditions by the hearing officer.
Such recommendation shall include findings of fact for each of the
criteria established in section 3.15.82.2.7.7. to the extent that
information is represented or obtained or inclusion feasible or
applicable. If the Community' Development and Environmental
Services Division Administrator and the count>' attorney agree based
on the review and evaluation that the application for determination of
vested rights for APF so clearly should be granted or granted with
conditions, then they may enter into a written stipulated determination
of vested rights for APF with the owner, in lieu of the written
recommendation to the hearing officer and the provisions in sections
3.15.87.2.7.4. 3.15.g7.2.7.5. and 3.15.g7.2.7.6. However, any such
stipulated determination shall be in writing, signed by the Community
Development and Environmental Services Division Administratoh the
count>' attorney and the owner, and shall include findings of fact
based on the criteria established in section 3.15.87.2.7.7., conclusions
of law for such criteria. and the determination granting or granting
with conditions. in whole or in part, the vested rights for adequate
public/hcilities.
3.15.82.2.7.4 Review and Determination of Fested Rights Determination for APF
by hearing ~[~cer. Upon receipt by the Hearing Officer of the
Application tbr Determination of Vested Rights Ibr APF and the
written recommendation of the Community Development and
"" Environmental Services Division Administrator and the County
Attorney. the Hearing Officer shall hold a public hearing on the
application. At the hearing. the Hearing Officer shall take evidence
and sworn testimony in regard to the criteria set forth in Section
87.2.7.7, and shall follow the rules of procedure set forth in Section
120.57(I)(b). 4. 6. 7. and 8. Florida Statutes. and Section
120.58(l)(a).(d) and (t), Florida Statutes. and Section 120.58(1)(b),
Florida Statutes. only to the extent that the Hearing Officer is
empowered to swear wimesses and take testimony under oath. The
Hearing Officer shall follow the procedures established for
administrative hearings in Rules 60Q-2.009. 2.017. 2.020. 2.022,
2.023.2.024. 2.025.2.027. and 2.031. Florida Administrative Code
except as expressly set tbrth herein. The parties before the Hearing
Officer shall include the Count>'. the owner or applicant. and the
public. Testimony shall be limited to the matters directly relating to
the standards set tbrth in Section 87.2.7.7. The Count>' Attorney shall
represent the County. shall attend the public hearing. and shall offer
such evidence as is relevant to the proceedings. The owner of the
property' and its authorized agents. may offer such evidence at the
public hearing as is relevant to the proceedings and criteria. The order
of presentation before the Hearing Officer at the public hearing shall
be as follows: 1) the County's summary of the application, written
recommendation. witnesses and other evidence: 2) owner or applicant
witnesses and evidence: 3) public witnesses and evidence: 4) County
rebuttal. if any: and 5) applicant rebuttal. if any'.
3.15.87.2.7.5. Issuance of vested rights determination jbr APF by hearing officer.'
-~ Within 15 working days after the completion of the public hearing
under Section 87.2.7.4, the Hearing Officer shall consider the
Application for Determination of Vested Righi ~f~,
recommendation of the Community Development a .d Env!~~
Services Division Administrator and the County ~ ~ttomey. and the
evidence and testimony presented at the public hear ng,
Words :tr~:z,k :kr-7,ug~ are deleted. words underlined are added.
91
of the criteria set forth in Section 87.2.7.7. and shall deny, grant. or
grant with conditions the Application for Determination of Vested
Rights for APF for the property or properties at issue. The
determination shall be in writing and shall include findings of fact for
each of the applicable criteria established in Section 87.2.7.7,
conclusions of law for each of such criteria, and a determination
denying, granting, or granting with conditions, in whole or in part, the
vested rights for adequate public facilities.
3.15.87.2.7.6 Appeal to the board of county commissioners. Within 30 days after
issuance of the Heating Officer's written determination of vested
rights for APF, the County Attorney, the Community Development
and Environmental Services Division Administrator, or the owner or
its authorized attorney or agent, may appeal the determination of
vested rights for APF of the Hearing Officer to the Board of County
Commissioners. A fee for the application and processing of an
owner-initiated appeal shall be established at a rate set by the Board
of County Commissioners from time to time and shall be charged to
and paid by the owner or its authorized agent. The Board of County
Commissioners shall adopt the Hearing Officer's determination of
vested rights for APF. with or without modifications or conditions, or
reject the Hearing Officer's determination of vested rights for APF.
The Board of County Commissioners shall not be authorized to
modify or reject the Hearing Officer's determination of vested rights
for APF unless the Board of County Commissioners finds that the
Hearing Officer's determination is not supported by substantial
competent evidence in the record of the Hearing Officer's public
heating or that the Hearing Officer's determination of vested tights for
APF is contrary, to the criteria established in Section 87.2.7.7.
3.15.87.2.7.7. Criteria for I~sted Rights. This section is intended to strictly adhere
to and implement existing case law as they relate to the doctrine of
vested rights and equitable estoppel as applied to a local government
exercising its authority and powers in zoning, the provision of
adequate public facilities concurrent with development (concurrency),
and related matters. It is the express intent of Collier County to
require application of the provisions of this division to as much
development and property in the unincorporated areas of the county as
is legally possible without violating the legally vested rights which
the owner may have obtained in accordance with Florida common law
and statutory. law', particularly F.S. §163.3167(8). The criteria herein
provided shall be considered in rendering a vested rights
determination under this section. It is intended that each case be
decided on a case by case factual analysis. An owner shall be entitled
to a positive determination of vested rights for APF only if he
demonstrates by substantial competent evidence that he is entitled to
complete his development without regard to the otherwise applicable
provisions of this division based on the provisions of F.S.
§163.3167(8), or all tkree of the following requirements of the
three-pan test under Florida common law: 1) Upon some act or
omission of the county, 2) a property owner relying in good faith, 3)
has made such a substantial change in position or has incurred such
extensive obligations and expenses that it would be highly inequitable
and unjust to destroy the rights acquired.
3.15.87.2.7.8. Limitation on determination of vested rights for APF. A
determination of vested rights for APF which grants a.-. o,-~;~,;~ c~-
determination of vested rights for APF shall expire and b~n;u~l~Y an~
void unless construction is commenced purs~ tnt to a final
development.order, final subdivision plat, or final ;ire development
plan, within two years after the issuance of the teterdh/~io~ ~f
Words s.,'t-,:ck t~r~"g~ are deleted, words underlined are added.
92
vested rights for APF under this section 3.15.82.2.7. or unless
substantial permanent buildings have been. or are being constructed or
installed pursuant to a valid. unexpired. final development order of
Collier County within two years after issuance of the determination of
vested rights lbr APF under this Section 3.15.gZ.2.7.. and such
development pursuant to a final development order. final subdivision
plat. final site development plan. final subdivision master plan. or
planned unit development master plan is continuing in good faith.
The aforementioned two-year time limitation on the determination of
vested rights for APF shall be stayed during any time periods within
which commencement of construction pursuant to a final development
order, final subdivision plat, or final site development plan is
prohibited or deferred by the county solely as a result of lack of
adequate public facilities to serve the property, pursuant to this
division.
3.15 .g7.3. Certificate of public facility adequaO'.
3.15.87.3.1. General.
3.15.8_7.3.1.1. A valid. unexpired certificate of public thcility adequacy shall be
obtained at the filing for the earliest or next to occur of final
subdivision plat, final site development plan or building permit,
provided however, any development orders except a final local
development order may be approved or issued provided they are
expressly conditioned on the issuance of a certificate of public facility
adequacy prior to building permit approval and provided the owner
and applicant proceed at their own risk and expressly waive and
release the county in writing from any and all future claims of vested
rights and equitable estoppel resulting from such conditional approval
or actions relying thereon.
3.15.8_7.3.1.2. At the applicant's request. the count)' shall review and approve. or
deny. an application for a certificate of public facility adequacy prior
to the consideration of an application tbr development approval for
any development order needed for a proposed development prior to
receipt of a final subdivision plat approval. final site development
plan approval. or building permit approval.
3.15.g_7.3.1.3. Where the proposed development has been issued final subdivision
plat approval or final site development plan approval prior to the
effective date of this division. a certificate of public facility adequacy
shall be obtained prior to approval of the next development order
required for the proposed development.
3.15.g_7.3.4,1.-1-:4. All applicable impact fees and system development l~es for a
development shall be paid into the Impact Fee Escrow Trust Fund in
the amount estimated to be due upon issuance of the building
permit(s) for the development upon or prior to issuance of a
Certificate of Public Facility Adequacy for the development, except in
the instance of a simultaneous application for a building permit(s) and
a Certificate of Public Facility Adequacy in which case(s) all
applicable impact t~es and system development fees will be paid
directly into the appropriate impact fee fund at the time the building
permit(s) and Certificate are picked up by the applicant. The payment
of the estimated impact and system development lbes into the Impact
Fee Escrow Trust Fund shall be applied as a credit t'wardsttohO~tx~f~l:gff,
and system development fees calculated and due upL!. issuance of the
building permit(s) for the development. Im ct and system
development tees prod into the Impact Fee Escrow Trusj~l~dg~ll1999
be refundable'upon iwcTi~ten request to the Comm 'ty Development
Words st,'"-:!: t,h,r,?,ug~ are deleted, words underlined are added.
and Environmental Services Division Administrator accompanied by
the surrender of the original Certificate of Public Facility Adequacy
obtained prior to issuance of building pennit(s) for the development.
Fees paid upon issuance of building pennit(s) in accordance w'ith the
applicable impact fee or system development l~e ordinances shall be
refundable pursuant to the provisions of such ordinances upon wTitten
request to the Finance Director. Clerk of Courts.
3.15.87.3.2. Rules of general applicabili.ty _for cert!ticate qf public facility
adequacy'.
3.15.g7.3.2.1. Timing. An application for a certificate of public facility adequacy
may be submitted at any time, subject to Section 3,15.82.3.1.1.
3.15.8_7.3.2.2. Consolidated application. A building permit, final subdivision plat or
final site development plan shall receive final approval only to the
extent to which the proposed development receives a certificate of
public facility adequacy. The application for a certificate of public
facility adequacy may be submitted with an application for
development approval. where appropriate under this division.
3..15.87.3.2.3. Assignabili.ty and tran.~ferabiliO'. A certificate of public facility
adequacy shall run with the land. shall be assignable within a
proposed development. and shall not be assignable or transferable to
other development.
3.15.8_7.3.2.4. Expiration. A certificate of public facility adequacy shall expire three
years from the date of its approval except to the extent that building
permits have been issued for the proposed development for which the
certificate is approved. and the proposed development is then
completed pursuant to the terms of the Collier County Building Code,
provided:
3.15.82.3.2.4.1. For development comprised of more than 500 residential dwelling
units. or for a phased increment of development comprised of more
than 150 residential dwelling units. or for a commercial/industrial
development of more than 100,000 square feet of gross leasable area,
a certificate of public facility adequacy shall expire five years Ii'om
the date of its approval except to the extent that building permits have
been issued for the proposed development for which the certificate is
approve& and the proposed development is then completed pursuant
to the terms of the Collier County Building Code. provided the
certificate holder:
3.15.82.3.2.4.1.1. Obtains approval of its final subdivision plat and final site
development plan. whichever is applicable. within 12 months from
the date of issuance of the certificate of public facility adequacy: and
3.15.87.3.2.4.1.2. Commences construction of the infrastructure tbr the final subdiviston
plat and final site development plan. whichever is'applicable, within
24 months from the date of issuance of the certificate of public facility
adequacy; and
3.15.82.3.2.4.1.3. Completes the construction of the infrastructure for the final
subdivision plat and final site development plan, whichever is
applicable. and records the final subdivision plat in the public records
' ,, ' ' . " ' ' ' C,m .... A"~"~D~A'I
i li t. , No. L~
3.15.87.3.2.4.2. For purposes of determinin~ the expiration of a certificate of ublic
' facility adequacy tbr a mixe~t use development. the si/ze od~r~i~'
Words ~tr.:ck ,t. ..... ~. ~
...... =,.. are deleted. words underlined are added.
use development shall be determined by aggregating the percentage of
the threshold for each land use component identified in section
3.15.87.3.2.4.1 that is proposed for the mixed use development.
3.15.87.3.2.5. Effect. Issuance of a certificate of public facility adequacy shall
demonstrate proof of adequate public facilities to serve the
development approved in the development order, subject to the
conditions in the development order. A subsequent application for
development approval for development approved in a development
order for which a certificate of public facility adequacy has been
approved shall be determined to have adequate public facilities as
long as the certificate of public facility adequacy is valid and
unexpired. When a certificate of public facility adequacy expires, any
subsequent application for development approval shall require a new
certificate of public facility adequacy to be issued pursuant to the
terms of this section prior to approval of any subsequent development
order for the proposed development.
3.15.87.3.2.6. Anything in this Ordinance to the contrary notwithstanding, all
Certificates of Public Facility Adequacy approved or issued from the
date that the Community Development and Environmental Services
Division Administrator presents the proposed ASI boundary.' maps to
the Board of County Commissioners. as provided by Section g7.4.2.3,
through the date that the boundaries and the Annual Residual
Capacity Trip Allotments for each ASI are approved by the Board
shall be expressly conditioned upon any and all restrictions,
limitations, provisions. boundaries and allotments adopted by the
~ Board of Count>,,' Commissioners pursuant to Section :,~45_.4.3.
3.15.g7.3.3, Effect Of development agreement m conjunction with a certificate of
· public j~cility adequacy. Upon approval by the board of county
commissioners. any applicant may enter into a development
agreement with Collier County pursuant to the provisions of F.S.
§163.3220-3242. in conjunction with the approval of a development
order ancb'or a ceni ticate of public faci lit>' adequacy. The effect of the
development agreement shall be to bind the parties pursuant to the
terms and conditions of the development agreement and the certificate
of public facility adequacy in order to insure that adequate public
facilities are available to serve the proposed development concurrent
with when the impacts of the development occur on the public
facilities. Development agreements may address conditional
development order approvals and conditions for renewal of the
certificate of public facility adequacy beyond five >'ears. however. the
duration or' any certificate of public facility adequacy shall not exceed
five >'ears. Development agreements may also provide for private
provision of public facilities or for a joint endeavor between the
private sector and Collier Count>' to provide public facilities. Any
public facility in the five year schedule of capital Improvements in the
CIE on which such a certificate of adequate public facilities is made
in conjunction with the approval of a development order and a
development agreement shall not be delayed. deferred. or removed
fi'om the five year schedule of improvements in the CIE.
3.15.g7.3.4. Procedure for review of application.
""' 3.15.8_7.3.4.1. Submission qfapplication and fee. An Application for a Certificate of
Public Facility Adequacy shall be submitted to theL~L,,Q,Q..V3mnnitv
Development and Environmental Services DivisiC/i Ad~lilPa~dr~.li~q,
An application shall be submitted at the filing of the earliest or hext to
occur of final subdivision plat. final site devei ~pment plan. or
building permit. An application fee in an amount to be ded4t~n/~t l~y
Words c',.-,:zk t.h. rz-'-'gh are deleted, words underlined are added.
95 :
the Board of Count)' Commissioners shall accompany and be part of
the application.
3.15.87.3.4.2. Application contents. The form and contents for the Application for
Public Facility Adequacy shall be established by the Community
Development and Environmental Services Division Administrator and
shall be published and made available to the general public.
3.15.82.3.4.3. Determination of completeness and review. After receipt of an
Application tbr Certificate of Public Facility Adequacy, the
Community Development and Environmental Services Division
Administrator shall determine whether it is complete within three
business days. If it is determined that the application is not complete,
written notice shall be served on the applicant specifying the
deficiencies. The Community Development and Environmental
Services Division Administrator shall take no further action on the
application unless the deficiencies are remedied. Within five business
days after the application is determined to be complete, the
Community Development and Environmental Services Division
Administrator shall review and grunt. or deny each public facility
component in the application pursuant to the standards established in
Section g2.3.5.
3.15 .g7.3.4.4. Appeal to Public Facilities Determination Appeal Committee. Within
30 days after issuance of the determination of the Community
Development and Environmental Services Division Administrator on
the Application for a Certificate of Public Facility Adequacy, the
applicant may appeal the determination of the Community
Development and Environmental Services Division Administrator on
the Application Ibr a Certificate of Public Facility Adequacy to the
Public Facilities Determination Appeal Committee. A fee for the
application and processing on an appeal shall be established at a rate
set by the Board of County Commissioners from time to time and
shall be charged to and paid by the applicant. The Public Facilities
Determination Appeal Committee shall hold a hearing on the appeal
and shall consider the determination of the Community Development
and Environmental Services Division Administrator and public
testimony in light of all the criteria set forth in Section g7.3.5 of this
Ordinance. The Public Facilities Determination Appeal Committee
shall adopt the Community Development and Environmental Services
Division Administrator's determination on the Application for a
Certificate of Public Facility Adequacy with or without modifications
or conditions. or reject the Community Development and
Environmental Services Division Administrator's determination. The
Public Facilities Determination Appeal Committee shall not be
authorized to modify or reject the Community Development and
Environmental Services Division Administrator's determination
unless the Public Facilities Determination Appeal Committee finds
that the determination is not supported by substantial competent
evidence or that the Community Development and Environmental
Services Division Administrator's dete: nination is contrary to the
criteria established in Section 82.3.5 of this Ordinance. The decision
of the Public Facilities Determination Appeal Committee shall
include findings of fact for each of the criteria.
3.15.82.3.4.4.1. Composition of public facilities determination appeal committee. The
public facilities determination appeal committee shall I~; com. l~fised of
three members: the ^r~"- ^r .._;+., ..~: .... :=ai-.agcm~..~tl~:fli~'%~'
works division director. or his designee: metro'olitan planning
~za~PO) coordinator, or his designee:Fand the ~raje.~t
re;'ie::' engineerin~ review services manager. or his ddesigrLel~N
Words at.-_'_~k :~r~A:F,k are deleted, words underlined are added.
96
3.15.g7.3.4.5. Cancellation of ce~zt!ficates. Upon notification by the Community'
Development and Environmental Services Division Administrator or
his designee. that an application for a Certificate of Public Facility
Adequacy' has been approved and a Certificate issued. the applicant
shall have 30 calendar days to pick up the Certificate and pay all
applicable impact and system development fees. If the applicant fails
to pick up the Certificate and pay the appropriate fees within 20
calendar days of notification of approval. a second notification of
pending cancellation of the Certificate will be sent to the applicant by
certified mail. If the applicant does not pick up the Certificate and
pay all applicable fees within ten calendar days of notification by
certified mail, the Certificate will be voided. In such a case, the
applicant shall then be required to apply' for issuance of a new
Certificate. Certificates issued simultaneously with building permits
shall be voided if the applicant fails to pick up the building permit and
fails to pay all applicable fees within the time period during which
such building permit(s) remain(s) valid.
3.15.87.3.5. Standards for review Of application. The following standards shall be
used in the determination of whether to grant or deny a certificate of
public facility adequacy. Before issuance of a certificate of public
facility' adequacy, the application shall/~lfill the standards for each
public facility, component (potable water, sanitary. sewer. solid waste.
drainage, parks and roads).
3.15.82.3.5,1. Potable water./acilities.
"" 3.15.87.3.5.1. l The potable water component shall be granted if any of the follow'ing
conditions are met:
3.15.82.3.5.1.1. I. The required public facilities are in place at the time a building permit
is issued.
3.15.gZ.3.5.1.1.2. The required public hcilities are under construction at the time a
building permit is issued.
3.15.87.3.5.1.1.3. The required public iixcilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections
8.2.5.1.1;13.15.7.3.5.1.1.1. andS..'-.5.!.!.2 3.15.7.3.5.1.1.2.
3.15 .gZ.3.5.2. Sanitary sewer fiwilities.
3.15.82.3.5.2.1. The sanitaD' sewer component shall be granted if any' of the following
conditions are met:
3.15.82.3.5.2.1. I. The required public facilities are in place at the time a building permit
is issued.
3.15.8Z.3.5.2,1.2. The required public facilities are under construction at the time a
building permit is issued,
3.15.gZ.3.5.2.13, The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
g.2.5.2.1.13.15.7.3.5,2.1.1. and 2,2.5.2.!.2 3.15.7.3.5.2.1.2.
3.15-gZ.3.5.3. Solid waste.facilities. NoAGENr~TEM
3.15.gZ.3.5.3.1. The solid waste component shall be granted if any }f the following
conditions are met: JAN P~ 7 1999
Words =tr'--"'.b, :~,-~ug~ are deleted. words underlined are added.
3.15.82.3.5.3.1.1. The required public facilities are in place at the time a building permit
is issued.
3.15.87.3.5:3.1.2. The required public facilities are under construction at the time a
building permit is issued.
3.15.82.3.5.3.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
`0.2.5.2.!.! 3.15.7.3.5.3.1.1 and ,°.2.5.2.1.2 3.15.7.3.5.3.1.2.
3.15.g7.3.5.4. Drainage facilities. The drainage component shall be granted if the
proposed development has a drainage and water management plan
that has been approved by the environmental services division that
meets the LOS for Capital Drainage Facilities defined in Subsection
3.15.43.22.
3.15.82.3.5.5. Park and recreation .facilities.
3.15.87.3.5.5.1. The parks and recreation component shall be granted if any of the
following conditions are met:
3.15.82.3.5.5.1. t. The required public facilities are in place at the time a building permit
is issued.
3.15.87.3.5.5.1.2. The required public facilities are under construction at the time a
building permit is issued.
3.15.g7.3.5.5.1.3. The required public facilities are the subject of a binding contract
executed for the construction of those public t~cilities which proi, ides
for commencement of actual construction within one >,ear of issuance
of a building permit.
3.15.g_7.3.5.5.1.4. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of 8--subsections
8.3.5.5.!.!. `0.2.5.5.1.2 and `0.3.5.5.!.~. 3.15.7.3.5.5.1.1.,
3.15.7.3.5.5.1.2, and 3.15.7.3.5.5.1.3.
3.15.87.3.5.6. Road facilities. The road component shall be considered based upon
whether the proposed development is outside a designated ASI or
within a designated ASI.
3.15.87.3.5.6.1. Development outside designated area o['sign!ficant influence L-ISI)or
where no ASI exisLv. For development outside a designated ASI. or
where no ASI exists. the road component shall be granted.
3.15.87.3.5.6.2. Development within designated area 0[' significant ir~fluence (,-tSI).
For development within a designated ASI covering a potentially
deficient road segment. the road component shall be approved. subject
to available capacity, if it is demonstrated the proposed development
will not make the potentially deficient road segment within the ASIa
deficient road segment. In the instance where the proposed
development will create a deficient road segment. a certificate of
public facility adequacy ti~r the road component shall be approved
only for that portion of the development that does not create the
deficient road segment. For development within a designated ASI
covering a deficient road segment. the road component shall be ._
approved only for that portion of the development thaho.~thlc]'ly~
increase the net trips on the deficient road segm:nt and does not
further degrade the LOS of the deficient road segmel It.
JAN g 7 1999
Sec. 3.15.~8_. Liberal construction, severabiliW, and penal provision.
Words str.:"k :~rc::gh are deleted. words underlined are added.
98 ;
3.15.98.1, The provisions of this division shall be liberally construed to
effectively can)., out its purpose in the interest of the public health,
safety, welfare and convenience.
3.15.9_8.2. If any section..phrase. sentence or portion of this dMsion is for any
reason 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 effect the validity
of the remaining portion.
3.15.9_8.3. A violation of this division shall be misdemeanor punishable according to
law; however. in addition to or in lieu of any criminal prosecution, Collier
Count>, shall have the power to sue in civil court to enforce the provisions of
this division.
SUBSECTION 3.J: AMENDMENTS TO PLANNING COMMISSION DIVISION
Division 5.2,. Planning Commission. of Ordinance 91-102. as amended. the Collier county
Land Development Code. is hereby amended to read as follows:
DIVISION 5.2 PLANNING COMMISSION
Sec. 5.2.11. Appeals.
As to any land development petition or application upon which the planning
commission takes final action. an aggrieved petitioner. o~ applicant or an
aggrieved party may appeal such final action to the board of county
commissioners. An aggrieved or adversely aftlected party is defined as any
person or group of persons which will suffer an adverse affect to an interest
protected or furthered bv the Collier County Grox~h Management Plan,
Land Development Code, or bulldine codeis). The board of county
commissioners may, affirm. affirm with conditions. reverse or reverse with
conditions the action of the planning commission. Such appeal shall be filed
with the development sere'ices director within 30 days of the date of the final
action by the planning commission and shall be noticed for hearing with the
board of county' commissioners. as applicable. in the same manner as the
petition or application was noticed for hearing with the planning
commission. The cost of notice shall be borne by the petitioner: ~ applicant
or aggrieved party.
SUBSECTION 3.K: AMENDMENTS TO ENVIRONMENTAL ADVISORY BOARD
DIVISION
Division 5.13..Environmental Advisory. Board. of Ordinance 91-102. as amended, the
Collier County kand Development Code. is hereby amended to read as follows:
DIVISION 5.13 ENVIRONMENTAL ADVISORY BOARD
c^~: ~ ~ ~'~,Ahl:~-~^--, C.f*.~e er.'~'i:'~.~:ller. t'd. ~A..: .... ~.~._..~.
~f .*b.c W~A~ and EAC.
v'hich shall herein be .~c~_~ tc ~o .~ c ~ n
~ ~: , -~ q-,. .....; ........, .4_; ..........:' (EAC) and tee ',
.... ; ........ .... ............. 1999
Words ::rack tkrcug.h· are deleted. words underlined are added.
99
5.13.2.3.1. imFlcm~at
5.13.2.3.3. Assist in
5.13.2.3 .,1. Provide an
circula:icn wkh~n the county,
"'~ ....... ] J~N 2 7 1999
Words ;~J;k
~,,,1:~;-.- d. ..... ,:c..~.,; ..... '~ '~--~qr~u;~ background of each
5.12.2.3. x,~_t. .... t.^,, k ............ ;~ ...... ~ clcctcra of Collier
............. ~ ...... : ............... a""cintin EAB mereberg shall be to
..... :~ ,h~ ~.~ witk tecbmical cxpc~ize nccessaE. tc
accomplish t,he EAB'z pu,~csc. Members s.hall de.manstratc evidence
~f ..... ':~ in one or more ~"*~ followin ....
envirar~ental protee:ion and natural rezcurces management: air
.... ! lid
......... * .... * ............... ;IJl;r~ mL~agament. cr
representative =:as deemed appropriate w ...............
5.D.3.5. The initial te~s ofcffice of the members of the EAB
5.!3.2.5.3. T ....... ~ ...... ;,, ......... ;, c ..... ~. :a ,...~.
5.!3.3.5.'!. T ....... k ...... ;11 ......... ;I C ..... ~. ~a 1On~
5.13.3.6. ~ ...... ~. ~r.~ r ,~ n .... ~ ........ a r. .....~'+;~. ..... ;~-;.-,
vote of the board.
5.13.3.7. ~,{._.~ .... ~n ~ ......... ;~. .......... ~ ;e. ........ ~ .... e. .......
absent from more th-~ one fou~h of the meeting: in a given fiscal
year. Members shal] be deemed absent from a .........
.... ;,~ ~e,~ c A n in October of each year.
.,,e c..zi~=~. t.,s vice c,,ai~an s,,a,, -$r,~ sue,, _ ',leg
Words sir;oh through are deleted. words underlined are added.
Frojcc: review san'ices sac:ion
5.13.5. !. D ....,.. ' _c ,~. r ~ u shall bcheld cn *~- n.., nz.A...A .... C
...u .... u .. n.nn. _ :' '~' Cammi:zioner': Meeting ..............
i 13.5.3. Thc EAB .uM, ~., ' ' . .....
.......... : majority .
5.13.5 .,I .5. Public commentL
Eec. ~.13.6. S;~ af !and dcvdapmcnt project raylaw=
":': ......~:'~ ......~ .....""~ .........~ ....': ~?j~2~ 7 1999
Words ;:~:k :krau;h are deleted. words underlined are added.
102
A ............. ; ....A ~,, ,k~ ~;~;~_ ~;,k~ county
county commissioners.
VHI. ~iv. 2].
See. 5.13.1. Establishment of the environmental advison' council.
5.13.1.1. There is hereby established "The Environmental Advisor' Council"
which shall herein be refesed to as the EAC. The Enviroaennl
Adviso~ Board is hereby abolished as of 120 days after the effective
date of this aendment or the first meeting of the EAC, whichever
occurs earlier. At the date ad time of the first meeting of the SAC
provided all matters still pending before the EAB ipso facto shall be
tr~sfe~ed to the EAC ad shall be the first mauers of consideration
bv the EAC.
5.13.1.2. Any references within the lad development code to the
,~- Environmental AdvisoB, Bo~d shall now refer to the enviroaental
adviso~ council.
Sec. 5.13.2. Authori~', functions, powea and duties.
JAN 2 7 1999
Words s~c~ thrs=~ are d~let~d, ~ords underlined are added.
103
PQ.
5.13.2.1. The EAC obtains its jurisdiction. powers, and limits of authority from
the board of county commissioners. hereinafter referred to as the
board, and pursuant to this code, shall act in an advisory capacity to
the board in matters dealing with the regulation. control, management,
use or exploitation of any or all natural resources of or within the
county and the review and evaluation of specific zoning and
development petitions and their impact on those resources.
5.13.2.2. The EAC wilt function to:
(1) Advise on the preservation, conservation, protection,
management and beneficial use of the physical and biological
natural resources (atmospheric, terrestrial, aquatic and
hydrologic) of the county in regard to the safety, health and
general well-being of the public;
(2) Advise and assist the county staff and board toward
developing the purpose, intent and criteria of all county
ordinances, policies, programs and other initiatives dealing
with natural resources.
(3) Provide written and oral reports directly to the board regarding
recommendations on matters dealing with the protection of
natural resources.
(4) Review and recommend stipulations addressing the
preservation, conservation, protection, management and
beneficial use of the county's physical and biological natural
resources (atmospheric, terrestrial, aquatic and hydrologic) for
petitions and/or plans for selected development orders,
including but not limited to rezones. developments of regional
impact, provisional uses. subdivision master plans and planned
unit development amendments that are directed to the EAC by
county staff, the board, or the provisions of this code.
5.13.2.3. The powers and duties of the EAC are as follows:
(1) Identify, study, evaluate, and provide technical
recommendations to the board on programs necessary for the
conservation, management and protection of air, land, and
water resources and environmental quality in the county.
(2) Advise the board in establishing goals and objectives for the
county's environmental conservation and management
programs.
(3) Advise the board in developing and revising, as appropriate,
local rules, ordinances, regulations, programs and other
initiatives addressing the use, conservation and preservation of
the county's natural resources.
(4) Advise the board in the implementation and development of
the growth management plan regarding environmental and
natural resource issues.
(5} Advise the board in identifying and recomm ~dinU,
to existing and future environmental issues. rq~.' --~
(6) Serve as the technical advisory committee to ~ , ' _ '
the county in the activities involved in the de ,edl~I~p~q~9~
Words .~:r.:~,k t~r~"g~ are deleted, words underlined are added.
104
implementation of the countv environmental resources
management program as stated in policy 1. I. 1 of the
conservation and coastal management element of the growth
management plan.
(7) Implement the water policy pursuant to chapter 90, article lI of
this code.
(8) Provide an opportunity for public comment on environmental
issues, ordinances and programs.
(9). Implement the provisions of the conservation and coastal
management element of the county's comprehensive plan
during the review process for development petitions and/or
plans.
(10) Participate in the review and recommendation process for
excavations over 1~000,000 C.Y., as provided for in division
3.5__~.
(11) Assist in the implementation of any new programs, ordinances
and/or policies adopted by the board which deal with the
conservation, management and protection of air, land, water
and natural resources and environmental quality in Collier
County.
(12) Provide an appellate forum and process to hear disputes
between county staff and applicants concerning land
""" development proiects and recommend proposed stipulations
for project approval or grounds fbr project denial for board
consideration.
(13)Function as artenvironmental impact statement (EIS) review
board pursuant to division 3.8.
(14) The EAC shall present an annual report to the board at a
regular board meeting in May of each year. The report shall
list the EAC's achievements lbr the prior ','ear. present its
objectives lbr the coming year and highlight environmental
issues that need further study.
See. 5.13.3. Membership.
5.13.3.1. Nine members of the EAC shall be appointed by and serve at the
pleasure of the board. Appointment to the EAC shall be by resolution
of the board and shall set forth the date of appointment and the term
of office.
5.13.3.2. Vacancies on the EAC shall be publicized in a publication of general
circulation within the county, and vacancy notices shall be posted in
the county libraries and county courthouse. Along with the applicant
responses, the board's staff shall provide the board with a list
outlining the qualifications and demographic background of each
candidate, including the present members seeking reappointment.
Applications submitted within one year of an advertised EAB
--'-- vacancy, may be considered for the current position.
5.13.3.3. Members shall be permanent residents and electors o C lh~
' o ' r County
and should be reputable and active in communitv ser ice.
°' JfiN 7 1999
Words st.-,:ck :k."c:~h are deleted. words underlined are added.
105
5.13.3.4. The primary consideration in appointing EAC members shall be to
provide the board with technical expertise and other viev~?oints that
are necessary to effi.~ctively accomplish the EAC's purpose. In
appointing members, the board should consider a membership
guideline of six technical members and three non-technical members.
Technical members shall demonstrate evidence of expertise in one or
more of the following areas related to environmental protection and
natural resources management: air quality, biology (including any of
the subdisciplines such as botany, ecology, zoology, etc.), coastal
processes, estuarine processes, hazardous waste. hydrogeology,
hydrology, hydraulics, land use law, land use planning, pollution
control, solid waste, stormwater management, water resources,
wildlife management, or other representative areas deemed
appropriate by the board.
5.13.3.5. The initial terms of office of the members of the EAC shall be as
follows:
5.13.3.5.1. Two members will serve until September 30, 1999;
5.13.3.5.2. Two members will serve until September 30. 2000;
5.13.3.5.3. Two members will serve until September 30. 2001:
5.13.3.5.4. Three members will serve until September 30. 2002.
After the initial term of appointment, each appointment or
reappointment shall be for a term of four years. All terms of office
shall expire on the 30th day of September. Terms of office shall be
limited to one term unless waived by the board bv a unanimous vote.
A member may be re-appointea by the board for only one successive
term and shall apply with other applicants. Terms shall be staggered
so that no more than a minority of such members' appointments will
expire in any one year.
5.13.3.6. Any member of the EAC may be removed fi'om office by a majority
vote of the board of county commissioners.
5.13.3.7. The board of county commissioners may consider removal of any
member of the EAC in accordance with Ordinance No. 92-44. as
amended.
Sec. 5.13.4. Officers and support staff.
5.13.4.1. The officers of the EAC shall be a chairman and a vice-chairman.
Officers' terms shall be for one year, with eligibility for reelection.
The chairman and vice-chairman shall be elected by a majority vote at
the organizational meeting and thereafter at the first regular meeting
of the EAC in October of each year.
5.13.4.2. The chairman shall preside at all meetings of the EAC. The vice-
chairman shall perform the duties of the chairman in the absence or
incapacity of the chairman. In case of removal, resignation or death of
the chairman, the vice-chairman shall perform such duties as are
imposed on the chairman until such time as the EAC shall elect a new
chairman. Should the offices of chairman and/or vice-chairman
become vacant, the EAC shall elect a successor fror ira
d
at the next regular meeting. Such election shall be ~ r the u~
term of said office.
JAN g 7 1999
Words s,w',:'ck *,,h, rc:zgh are deleted, words underlined are added.
106
5.13.4.3. Professional support staff for the EAC shall be provided bv the
community development and environmental services division a~d
such other county staff from elsewhere within the county government
as may, from time to time. be requested by the EAC and deemed
necessary bv the county administrator.
See. 5.13.5. Meetings, quorum and rules of procedure.
5.13.5.1. Regular meetings of the EAC shall be held on the first Wednesday of
each month at 9:00 a.m. or otherwise as determined by the
Community Development and Environmental Services Administrator,
in the commissioner's meeting room, Third Floor, Building "F,"
Collier County Government Complex, Naples~ Collier County,
Florida. Special meetings of the EAC may be called by the chairman
or by a maioriW of the membership.
5.13.5.2. A simple majority of the appointed members of the EAC shall
constitute a quorum for the purpose of conducting business. An
affirmative vote of five or more members shall be necessary in order
to take official action~ regardless of whether five or more members of
the EAC are present at a meeting.
5.13.5.3. The EAC shall, by maioritY vote of the entire membership, adopt
rules of procedure for the transaction of business and shall keep a
record of meetings, resolutions, findings and determinations. The
following standing subcommittees comprised solely of its
membership shall exist to advance the duties and responsibilities of
the EAC:
l 1 ) Growth management.
The EAC may establish other subcommittees comprised solely of its
membership to facilitate its functions. Meetings of the subcommittees
shall conlbrm to the same public notice requirements as that of the
EAC
5.13.5.4. At the regular meetings of the EAC~ the following shall be the order
of business:
5.13.5.4.1. Roll call.
5.13.5.4.2. Approval of the minutes of previous meeting.
5.13.5.4..~. Old business.
5.13.5.4.4. New business.
5.13.5.4.5. Public comments.
5.13.5.4.6. Adiourmnent.
hems shall come before the EAC as scheduled on the support staff
prepared agenda unless a specific request arises which justifies
deviation by the EAC.
See. 5.13.6. Scope of land development proiect reviews.
The EAC shall review all land development petitjot ~tr~'
environmental impact statement (EIS) per section 3 of th~%c~c,
developments of regional impact (DRI)~ lands with ~ecial treatment
,ST} or Area or Critical State Co.ce.VSpecial Trea' 1999
overlayst areas of the county covered by interlocal
Words s*,r'.:~j; *-h~o;E,~ are deleted, words underlined arc added.
I07
petitions which cannot be resolved between the applicant and staff
and which is requested to be heard by the EAC by either party and
any petition which requires approval of the Collier County planning
commission or the board of county commissioners and staff receives a
request for the petition to be heard by the EAC from the chairman of
the EAC or chairman of the board of county commissioners.
Any petitioner may request a waiver to the EAC hearing requirement,
when the following considerations are met: 1 ) no protected species or
wetland impacts are identified on the site, 2) an EIS waiver has been
administratively granted, 3) ST zoning is present and an
administrative approval has been granted or 4) an EIS was
previously completed and reviewed by staff and heard by a
predecessor environmental board, and that EIS is less than five years
old (or if older than five years, has been updated within six months of
submittal) and the master plan for the site does not show greater
impacts to the previously designated preservation areas.
The surface water management aspects of any petition, that is or will
be reviewed and permitted bv South Florida Water Management
District (SFWMD). are exempt from review by the EAC.
See. 5.13.7. Appeal.
Any person aggrieved by the decision of the county administrator, or
his designee regarding any section of division 5.13 may file a written
request for appeal. not later than ten days after said decision, with the
EAC. The EAC will notify the aggrieved person and the county
administrator. or his desiSZnee of the date, time and place that such
appeal shall be heard: such notification will be given 21 days prior to
the hearing unless all parties waive this requirement. The appeal will
be heard bv the EAC within 60 days of the submission of the appeal.
Ten days prior to the hearing, the aggrieved person shall submit to the
EAC and to the county administrator, or his designee, copies of the
data and information he intends to use in his appeal. Upon conclusion
of the heating the EAC will submit to the board of county
commissioners its facts, findings and recommendations. The board of
county commissioners, in regular session, will make the final decision
to affirm, overrule or modify the decision of the county administrator,
or his designee, taking into account of the recommendations of the
EAC.
Sec. 5.13.8. Reimbursement of expenses.
Members of the EAC shall serve without compensation, but shall be
entitled to receive reimbursement for expenses reasonably incurred in
the performance of their duties upon prior approval of the board of
county commissioners.
See. 5.13.9. Review process.
This EAC shall be reviewed for major accomplishments and whether
it is serving the purpose for which it was created once every four
years commencing with 2003 in accordance with the procedures
contained in Collier County Ordinance No. 86-41 [Code ch. 2, art.
VII1, div. 2].
SUBSECTION 3.L: AMENDMENTS TO DEFINITIONS SECTION NA°GEND~'~EM
.JAN 2 7 1999
Words stp--':k thrc-'-'g.h. are deleted, words underlined are added.
108
Division 6.3.. Definitions. of Ordinance 91-102. as amended the Collier County Land
Development Code. is hereby amended to read as follows:
DIVISION 6.3 DEFINITIONS
}~trd. front.' The required open space extending across the entire
width of the lot between the front building line and street fight-of-way
line. Where double-frontage lots exist, the required front yard shall be
provided on both streets except as otherwise provided for herein.
Where comer lots or record existed prior to the date of adoption of
Collier County Ordinance No. 82-2 [January 5,1982], which lots do
not meet minimum lot width or area requirements established in this
code, (1) only one full depth front yard shall be required, (2) all other
front yards shall be not less than 50 percent of the otherwise required
front yard depth except .t,:~ ,~:
...................... .,
exclusive of any fight-of-way, or fight-of-way easement in tke E
ezratea dist.'4.ct except that in the E estates district this depth may not
be less than 15 feet exclusive of any right-ot:wav or right-of-way
easement and the full depth front yard shall be located along the
shorter lot line along the street.
In the case of shoulder lots which conform to the minimum lot width
and area requirements of the zoning district. the required front yard
adjacent to the longest street may be reduced bv five feet providing
that in no case may this yard be less than 25 feet.
In the case of through lots. unless the prevailing front yard pattern on
the adjoining lots indicates otherwise. a full depth front yard shall be
provided on all frontages. Where one of the front yards that would
normally be required on a through lot is not in keeping with the
prevailing yard pattern, the development services director may waive
the requirement for the normal front yard and substitute therefore a
special yard requirement which shall not exceed the average of the
yards provided on adjacent lots.
Zero lot line housing: A single-family attache~ c,r detached dwelling
structure on individually platted lots which provides a side yard or
patio on one side of the dwelling and no yard on the other. (See
section 2.6.27.)
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
"" The provisions of this Ordinance shall become and be made a part of the
of Collier County, Florida. The sections of the Ordin~ce may be renumbered o'. 'ele~ered to accomplish
such. and the word "ordin~ce" may be ch~ged to "section". "article". or any othe app~r~t~dl~
Words ztr~:l: tkr:=;h are deleted. words underlined are added.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED bv the Board of County Commissioners of Collier County,
Florida, this ~ day of .1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COt~/TY, FLORIDA
BY:
ATTEST: BARBARA B. BERRY, CHAIRMAN
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
NOVEMBER 98 OKDINANCE/mcl/f:
.JAN ~ 7 1999
Words str,:c!: t,~rc::gh are deleted, words underlined are added.
l,o _ pq. o27q
EXECUTIVE SUMMARY
REPEAL OF ORDINANCE 91-26, AS AMENDED, WHICH ESTABLISHED THE COLLIER
COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD.
OBJECTIVE:
To adopt the attached ordinance to repeal Ordinance 91-26 as amended which established the Collier
County Environmental Policy Technical Advisory Board.
CONSIDERATION:
On August 4, 1998, the BCC directed staff to consolidate the functions of the Environmental
Advisory Board (EAB) and the Environmental Policy Technical Advisory Board (EPTAB) by
repealing these two existing boards and creating a new environmental advisory committee.
The new environmental advisory committee, the Environmental Advisory Council (EAC), has been
proposed as part of the current cycle of amendments to the Land Development Code. Once the BCC
approves the proposed EAC, then there is no further need to retain EPTAB. Upon the creation of the
EAC, staff recommends that the BCC adopt the proposed ordinance to abolish EPTAB.
FISCAL IMPACT:
Funds are budgeted in the Natural Resources Department (001-178980) to support EPTAB. The
majority of these funds will be used to support the operations of the proposed EAC. Personnel costs
of approximately $1,000 will be reallocated to other NRD projects when EPTAB is abolished.
GROWTH MANAGEMENT IMPACT:
EPTAB functions as the technical advisory committee that advises the County regarding the
development and implementation of the County's environmental program as required in Policy 1.1.2
of the Conservation and Coastal Management Element. Staff recommends that this function become a
specific responsibility of the proposed Environmental Advisory Council. The proposed LDC
amendments provide for this responsibility of the EAC.
RECOMMENDATION:
That the Board of County Commissioners approve the attached ordinance repealing Ordinance 91-26
as amended.
PREPARED B · ' Date: //'
or
Natural Resources Department
APPROVED BY: ~u ~7. ~.. Date:/(/"
tero, AICP, Administrator
Community Development & Environmental Services
JAN 7 1999
;' C ' ORDINANCE NO. 99-
2
3 AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER
4 COUNTY ORDINANCE NO. 91-26, AS AMENDED, WHICH
5 ESTABLISHED THE COLLIER COUNTY ENVIRONMENTAL
..... 6 POLICY TECHNICAL ADVISORY BOARD; PROVIDING FOR
7 INCLUSION IN CODE OF LAWS AND ORDINANCES;
' 8 PROVIDING FOR CONFLICT AND SEVERABILITY; AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, on March 12, 1991, the Board of County Commissioners adopted Ordinance No. 91-
12 26, as amended, which created the Collier County Environmental Policy Technical Advisory Board; and
13 WHEREAS, the Board of County Commissioners desires to terminate the Collier County
14 Environmental Policy Technical Advisory Board.
15 NOW, THE,REFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMIV/ISSIONERS
16 OF COLLIER COUNTY, FLORIDA that:
17 SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 91-26, AS AMENDED.
18 Collier County Ordinance No. 91-26, as amended, is hereby repealed in its entirety.
19 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
20 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
21 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to
22 accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate
23 word.
24 EhfCZFaD/L~IlZE2i: CONFLICT AND SEVERABILITY
25 In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
26 law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or
27 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
28 and independent provision and such holding shall not affect the validity of the remaining portion.
29 E2.~: EFFECTIVE DATE
30 This Ordinance shall be effective upon filing with the Florida Department of State.
31 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
32 Florida, this day of ., 1999.
33 ATTEST: BOARD OF COUNTY COMMISSIONERS
34 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
35
36
37 BY: BY:
38 PAMELA S. MAC'KIE, Chairman
39
40 Approved as to form and legal sufficiency:
41
?-. 44 Heidi F. Ashton
45 Assistant County Attorney NAO?EI~'D""~ITEM
46 h:/hennidhfa/ordinancd99/Repeal-CC Environmental Policy Tcch Advisory Bd
JAN 2 7 1999
pg. ~'~