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Ordinance 90-068 ORDINANCE 90- ~8 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, T~{E COMPREHENSIVE ZONING REGULATIONS FOR THE ~;INCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 7.27, (PUD) PLANNED UNIT DEVELOPMENT DISTRICT, AMENDING SUBSECTION 7.27 J.P CHANGES AND AMENDMENTS, BY PROVIDING DEFINITIONS FOR SUBSTANTIAL CHANGES AND AMENDMENTS, BY PROVIDING A REVIEW PROCEDURE FOR CHANGES; BY PROVIDING PROCEDURES FOR PUD DOCUMENT A~[ENDMENTS; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida,acknowledges that changes or amendments to a Planned Unit Development are required from time to time due to market demand or market strategies; and WHEREAS, the Board of County Commissioners has previously established criteria defining a minor change or amendment to a Planned Unit Development pursuant to Subsection 7.27j. of Ordinance Number 82-2, as amended, the Collier County Zoning Ordinance; and WHEREAS, the current criteria are recognized as being overly restrictive and contrary to the flexibility of design intended for Planned Unit Developments, and; WHEREAS, a more reasonable and efficient way of assessing requested changes within an approved Planned Unit Development is required; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: AMENDMENTS TO SECTION 7.27 OF COLLIER COUNTY ZONING ORDINANCE NO. 82-2, AS AMENDED. Section 7.27, (PUD) Planned Unit Development District, Subsection 7.27 j., Changes and Amendments, of Ordinance 82-2, the Zoning Ordinance of Collier County, Florida is hereby amended to read as follows: eomm~ ss ~omT-may-a~p~Ye-m~me~-~hamges -~-~he s%rue%u~esr-flnd-~mp~oYemen~s-au~ho~zed-by-ehe adopeed-m~see=-p}am-o~-deve½opmen~-~e=-a-des~Ra~ed by-~he-a~ep~e~-~as~e~-p~an? ~---~hen~e-any-pe~e~e~-be~nda~y-c~-~he-p~amned un~-deve&e~me er 3~---Rearran~e-any-~o~:r-h~eekr-bu&~&m~-~rae~r-or ecmmen-epem-spaee-e~-eemmen-~ac~&&~M-as-shewn en-~he-a~ep~e~-mas~e~-p~amr ~---ehan~e-an~-~se-as-shewn-em-~he-a~ep~ed-mes~e~ 5~---ehamge-½eea~ien-o~-ame~s-of-½and-deve~e~-~e speeified-~and-~ses-en-~he-adcp~ed-mas~er ~'7!i' ~hanges-~-~hreugh-5~-above-sha~-~e ? eonsi~ere~-ma~er-ehan~es-~e-~he-Mas~er-P~an and-sha~-re~&re-~he-same-preee~e-as-~er ac~a~-P~B-zen&n~-Be~e~e-~heM-ean-he-appreve~ hy-~he-Bear~--Ean~a~e-ehan~es-ne~-&nve~v&n~ prece~re-as-~er-~men~&n~-~he-~en&n~ Ord~nancev chan~es a~d Amendments; A~proval Re,ui~ed: Any subs~o~ial chanceCs~ ~o an an~roved P.U.D. Mas~er Plan shall recuire ~he review and recommendation o~ ~he Planninc Commission and an~ov~l hy ~he Board o~ County Commissioners nrio~ im~lemen~a~ion. For ~he ~urpose o~ ~hi~ ~ec~ion~ a ~ubs~a~ial c~anqe shall be deemed ~o e×is~ where: (i) There is a pronosed chan~e ~n,~h~ boundary o~ ~he Planned Uni~ Development, or~ ~ii) There is a nro~osed increase in ~he ~o~al number o~ ~we!!inc units in~ensi~v o~ land use or height buildings wikhin ~he developme~ or; ~iii~ There is a nro~osed decrease in mreserva~ion, conserva~ion~ recreation, o~ open space ~eas within d~velopmen~, Do~ ~o e×ceed ~ve perce~ and ~ive (~) acres in ~he p~o~ec~ area o~ the sub~ec~ chan~e or~ ¢iv~ There is a nroposed increase in the size o~ areas use~ ~or non-residential uses, ~o include institutional, commercial and industrial land uses Ce×cludin9 preserva~io~ conservation or open sp~ces), or a proposed relocation ~on-yesiden~al land T~ere is a substantial increase i~ ~he imnac~s o~ ~he developme~ wh~cB ,~cl~de, bu~ are no~ limited increases in ~ra~ic qenera~ion; cha~es in ~ra~ic circulation. ~ Tho change will result activities that Generate a higher level of vehicq~ar traffic based upon the Trip Generation Manual published by the ~psti~Ute Of Transportation Engineers. or; (vii) The change will result in a reGuirement for increased storm water retention, or wil~ otherwise increase storm water discharges, or: Cviii%The change will bring about a relationship to an abutting land use that would be incompatible with ~Jacent land use. (ix) A~Y modification to the P.U.D. Master ?~an which is inconsistent with the Future Land Use Element of the Growth Management Plan and which modification would increase the density or intensit~ of the permitted land uses. A~v change or modification to the P.U.D. Master Plan which impact(s) any consideration deemed to be a substantial modification as described under Section ~. 1 (i) thru (x). 2) Approval Not ReGuirgd; ~DY inpUbstantial change(s) to an apDr.oved P.U.D. Master Plan based upon an evalua'cion of Subsection through {x) shall reGuire the review and approval O~ the Plann~n~ Commission, as ag action taken at a reGularlv scheduled meeting. Should the Planning Commission agree that said ~haDge ~s ~nsubstantial, it'S approval is ~inal and authorizes said cba~ges tQ be made. 3_~(i) procedure For Substantial!Insubstantial ~hapge Determination: The applicant shall provide, to the Cou]%ty Manager. or his designee, documentation which a~equately describes the proposed changes along with the appropriate review fee to be applied following the decision ruling sa~ change to be insubstantial but prior to the ~pprova~ of the Collier County ~lanDing commission, The Master Plan Map shall show all data normally reGuired for submittal of a p.u.D. Mas~er P~an unless it ~s otherwise de%ermined DO~ to be necessary, describing the proposed changes in: land use: densities: infrastructure; open space, pyeservat~og or conservation areas; area of building square footage proposed fo_r non-residential deve~opment;..chanGe in potential intensity of land use and related automobile trip moveNepts, and relationships to ab~ting ~apd uses, addition, the applicant for evaluation of P.U.D, Master P~aP revisions shall provide a detailed writte;~ narrative describinq the chanqe(s) and the reasog for the reGuest, Upon reGe~pt o~ the amended Plan. the County ManaGer. or his 39 3'81 designee, shall review said Plan acains~ ~riteria established within Subsections 7,27 ~.1) fi) thru (x) above g~d may forward the Plan to any other agency, division or authority deemed necessary for review and comment. (ii) Upon completion of the review, the County Manager, or his designee, shall provide a written determination to the applicant, 9r his legal representative, confirming that the proposed chanGeCs) do or do not constitute a substantial change to the approved P.U.D. Master Plan based upon the evaluation of the criteria described in Subsections 7.27 j.1) ([) through {ix). (iii)~h~nqes. as identified in Subsection 7.27 ~.l)[i) through [ix) above, shall be considered substantial changes to the approved P.U.D. Master Plan and shall be r~guired to submit a zoning application complete with pertinent supporting data, as set forth in Section 7.27. (iv) Any determination made by the County ManaGer or his designee may be appealed ~o the County Board of Commissioners. Language change~ 49 ~ previous%y approved Planned Unit Development document shall r~quSre the same p¥gcedure as for amending the Zoning Ordinance or other land development regulations. SECTION TWO: 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 THREE: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. ,. PASSED AND DULY ADOPTED by the Board of County Commissioners ~!~;%i:' of Collier County, Florida this llth day of September · 1990. ATTESTi '. BOARD OF COUNTY COMMISSIONERS ,-, JJ~I,~,~ C. GILES,'. Clerk COI.~IER COUNTY, F~RIDA .._~~'d · B ED AS To.'Fo~ ~D LEG~.~ U~ICIENCY',,_ . ~O~E M. STUDENT ZO-90-4 ZONING ORDIN~CE ~ENDMENTS flllngF~ei~ ~~~y STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 90-58 which was adopted by the Board of County Commissioners on the llth day of September, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this d~¥ of September, JAMES C. GILES Clerk of Courts and Clerk ";', Ex-officio to Board of County Commtssi~.' ~ Deput~ Clork -