Backup Documents 06/08/2010 LDCBCC
S pecial
(LDC)
Meeting
BACK -UP
DOCUMENTS
June 8, 2010
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 8, 2010
1:00 PM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice - Chairman Commissioner, District 2 (Absent)
Jim Coletta, BCC Commissioner, District 5
Donna Fiala, BCC Commissioner, District 1
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS
WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUINTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24,
REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME
OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL 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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER
TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA,
34112, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE.
Page 1
PLEDGE OF ALLEGIANCE
2. CONSENT AGENDA
A. Land Development Code (LDC) Amendments
Adopted — 4/0
3. ADVERTISED PUBLIC HEARINGS
A. Land Development Code (LDC) Amendments
Land Development Code (LDC) Amendments — Not previously heard on May 17, 2010.
Subsection
Description
Author
Publication
Sum.
Pub.
Ord.
Sheet
Page
Page
Environmental
5.05.02
Marinas (MPP
S. Lenberger
BCC 0520 -Book
DD
1
126
Shoreline
2
Calculations)
Adopted — 4/0
Private Petitions
203.07
lmmokalee
R. Mulhere
BCC 0520 -Book
1
7
17
Deviation
2
Process /Interi
no Standards
Adopted — 4/0
CDES Business Management & Budget/ Transportation Planning
10.02.07 C
Submittal
Patterson /
BCC 0520 -Book
II
17
178
Requirements
Casalanguida
2
Adopted — 4/0
for COAs
n. Aquactuture (trom Consent Agenda)
Motion to approve Option A — Failed 311 (Commissioner Henning opposed); Motion to bring
back to the next LDC Cycle after review by DSAC, EAC, and CCPC — Approved 410
C. Ordinance 2010 -23 Adopted w /changes 4/0
D. Motion to Adjourn — Approved 4/0
4. ADJOURN
Approved - 4/0
Page 2
C0fier C MHty
Board of County Commissioners
LAW
DeM ielo "* Code
Amendrr mb
2009 Circle 1
LDC Packzet No. 2
Wednesday, June 2 at 9:00 a.m.
Board Meeting Room
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 2, 2010
9:00 AM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice - Chairman Commissioner, District 2
Jim Coletta, BCC Commissioner, District 5
Donna Fiala, BCC Commissioner, District 1
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS
WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUINTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24,
REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME
OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL 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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA,
34112, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
I: \09 Amend the LDC\2009 -Cycle Mchedules and Summaries\BCC Agenda (0602I0).doc
1. PLEDGE OF ALLEGIANCE
2. CONSENT AGENDA — All matters listed under this item are considered to be routine and action will be taken
by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that
item will be removed from the Consent Agenda and considered separately. All items referenced herein were
previously heard and approved, with changes to be made, by the BCC on May 17, 2010; this agenda evidences
those specific changes.
A. Items heard on Mav 17. 2010: annroved with chnnorc m hr ..,a.i, a � 1-- ;.,
=1, '
2.03.08 A.4 A uaculture
4 J. Wright BCC 0505 -Book 1 L 63
-
27
�rohibit1TtwhhinRFMU,Sending�— 4 -1
(
RELOCATED TO REGULAR AGENDA SEE BELOW (Item 3 B )
2.04.00, 2.04.01
Scrivener's errors, multiple (strike -outs from S. Istenes for BCC 0505 -Book 1 M 71
29,
2.04.02, 2.04.03
table de- conversion were not entered in Fabacher
81
4.02.02, 4.02.29
ordinance version). 5 -0
88
And 5o5 10
_- __ —_. __.....__ — _._..._ ... - ___ .__Re __...... —_...
❑ P e 72 Line 48: staff requested to strike "2 04.03 served "
1.08.02,
Private Petition (PL2009 -467) Duane/Yovanovich BCC 0505 -13ook 1 N 83
8,
2.05.01
Definitions - Density Standards and Housing Types 5 -0
- --
29
❑ The BCC's motion to approve included adding largo e to restrict to Port of the Islands."
3.05.0711.1.g
Preservation Standards S. Lenberger BCC 0505 -Book 1 S 141
62
Preserve Management Plans 5 -0
❑ The BCC's motion for approval included adding "hunting" to the Management Plans section.
3.06.06 F
Regulated Wellfields — Orange Tree R. Smith BCC 0505 -Book t T 169
78
---- ----- 5 -0
__ - -- --. ...__ ..-- ---. ------ _ ------- ..._ ------
❑ Page 170 Add title "Oran e Tree Well Field," above a hie illustration
5.04.01, 5.04.05
Re -write of Temporary Use Permit section S. Istenes for Kelly BCC 0505 -Book I CC 215
116,
5.04.06, 5.04.07
.. -._. .._ -_ 0
117,
5.04.08, 10.02 0
_ ___.. _ .....____ —_ ....... __..........____.
❑ Page 219 & 220: underline subsections 5.04.05 A.2 & A3 re located text.
123,
G, and
Appendix G
❑ Page 224, line 2: strike "Reserved"
125,
Ll Page. 233, line 18: change "of' to "or"
126,
O Page 236,1ine 10: strike "his"
164,
194
1003 05
Notice Requirements for Public Hearings Befor S. Istenes BCC 0505 -11ook 1 JJ 331
188
the BCC, CCPC, BZA, EAC, etc... S -0
El Page 331, line 42 & Page 332 line 15: staff requested to underline "Conditional Use Extensions"
C \09 Amend the LDC\2009 -Cycle I \Schedules and Summaries\BCC Agenda (060210).doe
3.05.07 H. Ld
Conservation Mechanisms
5 -0
BCC 0505 -Book 1
121
51
3.05.07 H.1.e
Preservation Standards – created reserves
5 -0
BCC 0505 -Book 1
R
125
52
3.05.07 H.l.h.i
Preservation Standards
5 -0
BCC 0505 -Book I
S
147
66
– Recreational Uses in Preserves
3.05.07 H.l.h.ii
Preservation Standards
5 -0
BCC 0505 -Book 1
T
159
69
– Stormwater Uses in Preserves
3.06.06 C
Regulated Well relds – GG
5 -0
BCC 0505 -Book I
T
165
74
3.06.06 E
Regulated Well fields – FGUAGGC
5 -0
BCC 0505 -Book I
T
167
76
3.06.06 H
Regulated Well fields –AM
5 -0
BCC 0505 -Book 1
T
171
80
3.06.06 H
Regulated Well fields –Ave Maria
5 -0
BCC 0505 -Book 1
T
173
73
4.02.01 D.9
Dimensional Standards for Principal Uses in
5 -0
BCC 0505 -Book l
W
175
81
Base Zoning Districts —Pool Pumps
4.02.35 B.2
GTMUD, figures 1 -3 -4 -5
5 -0
BCC 0505 -Book 1
X
179
90
4.05.02 M
T ical Off- Street Parkin Desi – Exhibit A
5 -0
BCC 0505 -Book 1
Z
187
97
4.05.04
Parking Space Requirements
5 -0
BCC 0505 -Book 1
Z
191
101
4.06.01
Generally
5 -0
BCC 0505 -Book 1
AA
195
102,
6.06.05
Clear Site Distance
131
4.06.05 D.4
General Landscaping Requirements
5 -0
BCC 0505 -Book 1
AA
199
105
– Plant Material Standards
5.03.02
Fences and Walls
5 -0
BCC 0505 -Book 1
BB
201
106
5.04.04
Model Homes and Sales Centers
5 -0
BCC 0505 -Book 1
BB
213
117
5.05.05
Automobile Service Stations – Returning
5 -0
BCC 0505 -Book 1
EE
243
127
portions of code lost during re- codification;
DSAC found that side and rear setbacks for
properties abutting non - residential to be extrem
and had desire to change them, requesting that
such SBs be brought back next cycle to evaluat
8.03.00,
Deletion of Advisory Boards
4 -1
BCC 0505 -Book t
FF
249
131
8.03.01, 8.03.02
8.03.03, 8.03.04
8.03.05, 8.03.06
8.03.07, 8.03.08
8.04.00, 8.04.01
8.04.02, 8.04.03
8.04.04, 8.04.05
8.04.06, 8.05.00
8.05.01, 8.05.02
8.05.03, 8.05.04
8.05.05, 8.06.00
8.06.01, 8.06.02
8.06.03, 8.06.04
8.06.05, 8.06.06
8.06.07, 8.06.08
8.06.09, 8.06.10
8.0200, 8.07.01
8.07.02, 8.07.03
8.07.04, 8.07.05
10.02.02 A
Submittal Requirements
5 -0
BCC 0505 -Book 1
HH
146
– Environmental Impact Statements EIS
10.02.06 I
Change the requirement for annual vehicle on
5 -0
BCC 0505 -Book I
HH
169
the beach (VOB permits to a one -time permit
1.08.01, 1.08.02
School Board Concurrency
5 -0
BCC 0505 -Book 1
MK
335
6, 7,
4.08.07, 6.02.09
105,
10.02.04,
130,
10.02.07,
162,
10.04.09,
174,
10.02.12,
190,
10.02.13,
186,
10.04.00
187,
190
10.02.13
Planned Unit Development (PUD Procedures
5 -0
BCC 0505 -Book 1
II
329
187
10.03.05 B & F
Notice Re uirements for Public Hearin s
5 -0
BCC 0505 -Book I
KK
333
189
1: \09 Amend the LDC\2009 -Cycle I\Schedules and Summaries\BCC Agenda (060210).doe
3. ADVERTISED PUBLIC HEARINGS
A. Land Development Code (LDC) Amendments —Not previously heard on May 17, 2010.
Environmental
5.05.02 Marinas (MPP Shoreline Calculations ):::S. Lenber er BCC 0520 -Book 2 DD 1 126
_ Private Petitions
2.03.07 Immokatee Deviation Process /Interim Standard R. Mulhere BCC 0520 -Book 2 I 7W 17
CDES Business Mana ement &Bud et /Trans ortation Plannin
10.02.07 C Submittal Requirements for COAs Patterson / BCC 0520 -Book 2 II 17 178
4. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 252 -8383.
NEXT MEETING DATE
BCC LDC MEETING 4 — JUNE 10, 2010 at 9:00 a.m.
4
I A09 Amend the LDC2009 -Cycle i \Schedules and SummariesWC Agenda (060210).doc
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LDC Amendment Request
ORIGIN: Scrivener's Error from Ordinance No. 08 -11
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC2:1; and on.
LDC SECTION(S): 2.04.00 Permissible, Conditional and Accessory Uses in Zoning
Districts
2.04.01 Rules for Interpretation of Uses
2.04.02 Effect of Approvals Under the Zoning Reevaluation
Ordinance
2.04.03 Table of Land Uses in Each Zoning District
4.02.02 Dimensional Standards for Conditional Uses and Accessory
Uses in Base Zoning Districts
4.02.29 Same -- -Farm Market Overlay Subdistrict
CHANGE: Strike various provisions from the LDC which were duplicated when Ordinance
No. 08 -11 was adopted. The permitted, accessory, conditional and prohibited uses were
converted back from the table form, developed under the re- codification, to the original lists of
permitted, accessory, conditional and prohibited uses, as they appeared in the old code. In
addition, the lists were brought up to date by including the subsequent LDC Amendment
changes.
REASON: Scrivener's errors from Ordinance No. 08 -11.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Ordinance No. 08 -11
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESIVERSION DATE: Created November 4, 2008.
Revised October 28, 2009; Outdated citations removed, March 16, 2010; corrections April 8,
2010; BCC - change read into record May 17, 2010.
Amend the LDC as follows:
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses.
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TPA strketh Fa gh is
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x x
x x x x x x x x x x
2.03.01
Agricultural Zoning Districts
2.03.02
Residential Zoning Districts
2.03.03
Commercial Zoning Districts
2.03.04
Industrial Zoning Districts
2.03.05
Civic and Institutional Zoning Districts
2.03.06
Planned Unit Development Districts
2.03.07
Overlay Zoning Districts
2.03.08
Rural Fringe Zoning Districts
2.03.09
Open Space Zoning Districts
2.03.10
x x
Districts Under Moratorium IReservedl
x x x x x x x x x x
The following pertains to LDC page LDC2:1, Chapter 2 table of contents:
x
2.04.00 •rrrnra= - Conditional, and AGressery Uses in Zoning Distrirts Reserved
...
... ■
x x x x t > x x x ♦ x x
The following pertains to LDC page LDC2:124.5 and LDC2:124.6
2.04.00 Reserved
Iffeiz-9.9. ■
2.04.03 Resemed-
4.02.02 2 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
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1 LDC Amendment Request
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3
4
5 ORIGIN: Private Petition (PL2009 -467)
6
7 AUTHOR: Robert L. Duane, AICP and Richard D. Yovanovich, Esquire
8
9 DEPARTMENT: N/A
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11 AMENDMENT CYCLE: 2009 Cycle 1
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13 LDC PAGE: LDC2:124.7
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15 LDC SECTION(S): 1.08.02 Definitions
16 2.05.01 Density Standards and Housing Types
17
18 CHANGE: 1. Add the "old" definitions relating to timeshares that were inadvertently left out
19 of the LDC when it was recodified (Ord. No. 04 -41) in order to amend them as proposed
20 (although they do not physically exist in the current LDC they are still in effect). 2. Strikeout
21 the "old" definitions because they are being modified. 3. Add the definitions back re -written as
22 proposed. 4. Add superscript number 17 referencing lockoff units and clarify that they are to be
23 counted as a dwelling unit for density calculation purposes should they exist. 5. Add the density
24 allowances for the VBRTO (they were missing from the table) per the current LDC (note the
25 density allowances and the proposed structure of this amendment will and is intended to
26 preclude timeshare units located within the Vanderbilt Beach RT Overlay district from exceeding
27 the densities for timeshares as proposed to be modified in this amendment (up to 26 units per
28 acre in the RT district) even if they are built to the room size of hotel and motel rooms. Therefore
29 the maximum density for timeshares in VBRTO will remain as it currently exists in the Land
30 Development Code and will not be changed as a result of this amendment. 5. Amend section
31 2.05.01, notes 3 and 4 including table and adding definitions from the old LDC Div 6.3 into the
32 new LDC Section 1.08.02 pertaining to timeshare.
33
34 REASON: Clarify density for hotels /motels with timeshare units in the RT District.
35
36 FISCAL & OPERATIONAL IMPACTS: This request will not cost the County additional
37 Staff or resources and will help create revenue in the private sector.
38
39 RELATED CODES OR REGULATIONS: None
40
41 GROWTH MANAGEMENT PLAN IMPACT: None
42
43 OTHER NOTES/VERSION DATE: Modified February 16, 2010; February 23, 2010;
44 March 16, 2010; April 02, 2010; April 6, 2010; April 16, 2010 (CAO); May 21, 2101 (per BCC
45 by CAO).
46
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Amend the LDC as follows:
1.08.02 Definitions
Timeshare estate: Any interest in a dwelling unit under which the exclusive right of use
ownership, possession, or occupancy of the unit circulates among the various owners of
timeshare estates in such unit in accordance with a fixed time schedule on a periodically
recurring basis for a period of time established by such schedule.
Timeshare estate facility: Any dwelling in which timeshare estates have been created
Timeshare unit: A dwellinq unit in which timeshare estates have been created.
2.05.00 DENSITY STANDARDS
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and housing type
criteria shall aoDly.
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Housing
�
Maximum
Type:
Type:
E
Density 2
Zoning
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per gross
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unit per
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✓
1
RSF -2
✓
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J
2
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RSF -3
J
J
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3
RSF -4
J
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5
RSF -6
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6
RMF -6
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J
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RMF -12
S
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RMF -16
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16
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RT 4,117
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VR 6
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On
16
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C -5
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I
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CON "
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0.2(1
unit per 5
acres)
0.33 (1
unit per 3
acres)
Big
Cypress
BMUD 12
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S
S
S
12
GTMUD 12
S
S
S
S
12
R -1
✓
✓
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R -2
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GZO
Per underlying zoning district
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a
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Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and motor
homes.
2 Density is calculated as the number of residential dwelling units per gross acre (see
definition of density, residential ). Generally, in all zoning districts except for A, E and CON,
this indicates the maximum allowable density, including any applicable density bonuses per
the density rating system in the growth management plan. Density may be restricted by the
board of county commissioners at the time of rezoning to something less than the maximum, as
indicated parenthetically on the official zoning atlas maps. For example, "RMF -6(4)" allows all
uses and development standards of the RMF -6 zoning district but density is limited to 4
dwelling units per acre.
3 A maximum of hweRty- SOX (26) dwelling units per acre are allowed for hotels and
For RT zoning located inside Activity Centers as designated on the Growth Management
Plan's Future Land Use Map, residential units (including those for timeshares and multifamily
uses) are allowed at a maximum ofsi)4een (16) dwelling units per acre. Similarly for RT zoning
not located within Activity Centers but in existence at the time of adoption of the LDC (October
30, 1991), residential units are allowed at a maximum of sgxteBR (16) units per acre.
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timeshare,
mf &
VB -RTO17
✓
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twnhses:
26 for
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motels
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GGDCCO
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underlying
zoning
district
0.025(l
RFMU 13
J
J 16
unit per 40
acres)
0.2 (1 unit
RFMU 14
J
✓
J
✓
J 16
✓
✓
✓
per 5
acres)
0.2 (1 unit
RFMU 15
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✓
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✓16
J
✓
✓
✓
per
acres)
0.2 (1 unit
MHO
J,
per 5
acres)
Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and motor
homes.
2 Density is calculated as the number of residential dwelling units per gross acre (see
definition of density, residential ). Generally, in all zoning districts except for A, E and CON,
this indicates the maximum allowable density, including any applicable density bonuses per
the density rating system in the growth management plan. Density may be restricted by the
board of county commissioners at the time of rezoning to something less than the maximum, as
indicated parenthetically on the official zoning atlas maps. For example, "RMF -6(4)" allows all
uses and development standards of the RMF -6 zoning district but density is limited to 4
dwelling units per acre.
3 A maximum of hweRty- SOX (26) dwelling units per acre are allowed for hotels and
For RT zoning located inside Activity Centers as designated on the Growth Management
Plan's Future Land Use Map, residential units (including those for timeshares and multifamily
uses) are allowed at a maximum ofsi)4een (16) dwelling units per acre. Similarly for RT zoning
not located within Activity Centers but in existence at the time of adoption of the LDC (October
30, 1991), residential units are allowed at a maximum of sgxteBR (16) units per acre.
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1 ' For RT zoning not located within Activity Centers and not in existence at the time of
2 adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to
3 si)deen (16-)-dwelling units per acre. The calculation of density shall be based on the land area
4 defined by a lot(s) of record.
5 6 Density for single - family and mobile home, with or without clustering.
6 7 Density for duplex, with or without clustering.
7 8 Density for multi - family, with or without clustering.
8 9 In the MH district, modular homes are allowable.
9 10 Properties zoned C -1 through C -3 may have associated residential densities in instances
10 of mixed -use development pursuant to the Future Land Use Element of the Growth
11 Management Plan.
12 11 The density of 1 dwelling unit per 3 gross acres only applies to private in- holdings
13 within the Big Cypress National Preserve that were in existence prior to October 14, 1974.
14 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the
15 Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays.
16 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending
17 Lands (see section 2.03.08).
18 14 One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral
19 Lands (see section 2.03.08).
20 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving
21 Lands located outside of a Rural Village with redemption of Transfer of Development Rights
22 (TDR) credits; 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands
23 without redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre
24 in RFMU Receiving Lands located within a Rural Village with the redemption of TDR credits
25 (see section 2.03.08).
26 16 Only if Mobile Home Overlay exists.
27 17 Lock -off unit: Where the floor area of a timeshare unit or hotel room contains lock -off
28 accommodations which can be occupied separately from the main living unit, each lock -off
29 accommodation shall be counted as a full timeshare unit when computing the allowable
30 density.
31
32 B. Acreage associated with historical /archaeological resources preserved within the
33 boundaries of a project shall be included in calculating the project's permitted density.
34 (Ord. No. 06 -08, § 3.H; Ord. No. 07 -67, § 3.F)
35
36
37
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
Zoning Services
AMENDMENT CYCLE: 2009 cycle
LDC PAGE: LDC3:38 — LDC3:39
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Implement requirements of the GMP with regard to preserve management plans and
how they address natural diversity, stormwater management and agency approved listed species
management plans.
REASON: Required as part of the EAR -based GMP amendments to the Conservation and
Coastal Management Element (CCME).
Policy 6.1.1 (6) states the following (underlined/strike through version provided):
"A management plan shall be submitted for preserve areas identified by specific criteria in the
land development regulations to identify actions that must be taken to ensure that the preserved
areas will maintain natural diversity and will function as proposed. The plan shall include
methods to address control and treatment of invasive exotic species, fire management,
stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a
listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and
federal management plans consistent with the requirements of the LDC will be accepted."
FISCAL & OPERATIONAL IMPACTS: Additional costs may be incurred on the part of the
applicant, where applicable, to address additional monitoring and maintenance requirements
associated with the requirements of the GMP. Basic costs associated with preserve management
plans are provided below (Summary of information obtained from three environmental firms in
the area).
Cost of a basic preserve management plan for the County ranges from $400 to $3,500, based on
the size and complexity of preserve. An average preserve management plan for the County costs
about $1,200. The average hourly cost to implement the plan, once approved, are around $120
per hour. Electronic ground water monitoring wells (Piezometers) cost about $1,500 installed.
These are usually checked on a quarterly basis by consultants to download the information and to
check the battery in the Piezometer.
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1
2 Properties with less than 5 acres of preserve, where listed species are not utilizing the preserve or
3 where preserves do not contain habitat requiring management for fire, will not be required to
4 submit a preserve management plan, but only be required to implement basic maintenance and
5 signage requirements, and stormwater monitoring if applicable. Time and expense will be saved
6 on the part of the applicant and staff in not having to prepare and review management plans for
7 preserves which fit these criteria.
8
9 Preserve management plans are currently included on Site Development Plans (SDP) and final
10 plat construction plans (PPL), and processed through the Zoning and Land Development Review
11 Department. Amendments to preserve and listed species management plans are considered
12 "Insubstantial Changes" and cost $400 to process with the County. If more than one plan sheet is
13 involved, then an additional fee of $100 per sheet is charged. Rarely is more than one plan sheet
14 required for a preserve management plan. Additional fees are charged for 3`d and subsequent re-
15 submittals ($1,000 for 3`d submittal, $1,500 for 4d' submittal, $2,000 for 5th and subsequent
16 submittals). Preserve management plans in themselves do not trigger other amendments to a SDP
17 or PPL.
18
19 RELATED CODES OR REGULATIONS: LDC Subsection 3.05.05 (M). Not affected.
20
21 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP
22 amendments to CCME Policy 6.1.1 (6)
23
24 OTHER NOTES/VERSION DATE: Created September 10, 2009. Amended September 17,
25 2009, November 4, 2009, March 1, 2010; May 21, 2010 per BCC by CAO.
26
27
28 Amend the LDC as follows:
29
30
31 3.05.07 Preservation Standards
32
33 H. Preserve standards.
34
35 1. Design standards.
36
37 g. Preserve management plans. Criteria i, ii, vii and viii below are
38 required for all preserves whether a management plan for the
39 preserve is required or not. Preserve Management Plans shall be
40 required for all properties with 5 acres or more of preserve or
41 where listed species are utilizing the preserve or where the
42 preserve contains habitat which requires management for fire
43 (such as pine flatwoods, palmetto prairie or scrub). The Preserve
44 Management Plan shall identify actions that must be taken to
45 ensure that the preserved areas will maintain natural diversity and
46 function as proposed. A Preserve Management Plan shall include
47 the following elements:
48
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General Maintenance. Preserves shall be maintained in
their natural state and must be kept free of refuse and
debris.
5
ii. Exotic vVegetation Removal, Non - native vVegetation,
6
and Nuisance or Invasive Plant Control. eExotic
7
vegetation removal and maintenance plans shall require
8
that Category I Exotics be rpmovved eradicated from all
9
preserves. All exotics within the first 75 feet of the outer
10
edge of every preserve shall be physically removed, or the
11
tfee vegetation cut down to grade, cut debris removed and
12
the stump treated. Exotics within the interior of the
13
preserve may be approved to be treated in place if it is
14
determined that physical removal might cause more
15
damage to the native vegetation in the preserve. When
16
prohibited exotic vegetation is removed, but the base of
17
the vegetation remains, the base shall be treated with an
18
U.S. Environmental Protection Agency approved herbicide
19
and a visual tracer dye shall be applied. Any person who
20
supervises up to eight people in the application of
21
pesticides and herbicides in the chemical maintenance of
22
eXGtiG exotic vegetation in preserves, required
23
retained native vegetat;a; native vegetation areas,
24
wetlands, or LSPA shall maintain the Florida Dept. of
25
Agriculture and Consumer Services certifications for
26
Natural Areas Pesticide Applicators or Aquatic Herbicide
27
Applicators dependent upon the specific area to be
28
treated. Control of exotics shall be implemented on a
29
yearly basis or more frequently when required, and shall
30
describe specific techniques to prevent reinvasion by
31
prohibited exotic vegetation of the site in perpetuity.
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NeR native vegetation and nNuisance or invasive plants
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and non - native ornamental vegetation shall be rzFRG:ed
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eradicated from all Preserves.
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Ill Designation of a Preserve ManageF. a Preserve nnananer
37
shall he identified as tho r c'hle na d.. Ln o 0 4ha4
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the Precen.e management Plan is heir GGPRplied .. ;th
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The 'A.diy d A"r n address and nhnne n ...her shall he
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I+sted MR the TeseFve MaRagernent Plan The sairne
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nFor at on shall he PFOYided regarding the .de. eloper
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Rnth a.i'e will he r sible RN r oh tirne that 4he
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homnn...nero at'on takes nr the .. eat of
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the e At that time the homeowners assGGi
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^lsha.l— a,—.,end the plan — toprov;aP the o hn — „ neaa,.,ne.
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and nfor at'o a ar.d'n the
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PeFSOR hired by the a iatinn to m a the n
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The homen...ner's a iat'o n.d the n o
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shall he e c'hle For annual Fnai.RtPR.;;RAP of the
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......... et t., At a m nimum, the P.n e
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iii. Designation of a Preserve Manager. A Preserve Manager
5
shall be responsible for providing the developer /property
6
owner with technical assistance regarding management
7
needs for the preserve and compliance with the Preserve
8
Management Plan. At a minimum the Preserve Manager
9
shall have academic credentials and experience in the
10
area of environmental sciences or natural resource
11
management. Academic credentials and experience shall
12
be a bachelor's or higher degree in one of the biological
13
sciences with at least two years of ecological or biological
14
professional experience in the State of Florida. The
15
individual's name, address and phone number shall be
16
listed on the Preserve Management Plana The same
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contact information shall be provided regarding the
18
developer /property owner. Changes in the Preserve
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Manager hired to manage the preserve shall be
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documented in the monitoring report for the preserve.
21
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iv. Wildlife Habitat Management. Where habitats must be
23
managed with regards to the species utilizing them,
24
Wildlife Habitat Management strategies may be required to
25
provide for specialized treatment of the preserve. Where
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protected species are identified, management strategies
27
shall be developed and implemented in accordance with
28
section 3.04.00. `^tiz^•° °'t^ ^^^d"F:
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r a r.^ ^^t ^i^^ will be
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0 ^Rd The County will accept state and federal
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management plans that are consistent with the
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requirements of the LDC. Hunting is permissible < in
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preserves where expressly approved by the Board of
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CountV Commissioners.
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V. Fire Management. Special land management practices to
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control fire or to maintain species diversity in the absence
38
of fire must be included as part of the Preserve
39
Management Plan, for those habitats requiring these
40
practices. Fire Management plans may include removal of
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dead vegetation or periodic thinning of living vegetation, to
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improve forest health and mimic the natural effects of fire.
43
as appropriate for the habitat type and surrounding land
44
uses. Fuel and fire breaks shall be kept to a minimum
45
necessary to control fire and should be coordinated with
46
the State of Florida, Division of Forestry, as part of a fire
47
suppression plan. The annual inspection monitoring report
48
required pursuant to ix (below) shall document, with
49
photographs, the coverage and types of vegetation to be
50
cleared for fuel management prior to clearing. Where
51
listed species have been documented within the preserve.
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the annual inspection monitoring report shall require
surveys for the nests, burrows or cavities of listed species
that may be affected by the land management practices
no more than six months prior to clearing, if gopher
tortoises occur in the area, or within the time frames
recommended by the FFWCC and USFWS. Fire
Management plans shall be consistent with wildlife habitat
management plans approved by Collier County.
vi. Vegetation Removal Permits. Vegetation Removal Permits
shall not be required to implement Preserve Management
Plans and firewise safety. plans that specify land
management practices for clearing for fuel management or
fire lines in accordance with normal forestry practices and
which have been approved pursuant to this section. State
and Federal agency permits or approvals shall be required,
where applicable, prior to clearing.
Vegetation Removal Permits shall not be required to
remove dead, dying or leaning trees which pose a safety
concern, unless they contain a nest or cavity of a listed
animal species or bald eagle. The annual inspection
monitoring report required pursuant to ix (below) shall
document with photographs, trees to be removed for
safety concerns.
vii. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction and
signage during and after construction that are consistent
with section 3.05.04.
viii. Monitoring for Preserves Receiving Treated Stormwater. A
monitoring program must be implemented for preserves
that will receive stormwater pursuant to the requirements
of section 3.05.07. The monitoring program must include
protocols to conduct vegetation surveys and monitoring for
ground and surface water levels. The Preserve
Management Plan shall include a schedule requiring a
baseline monitoring report followed by 5 annual monitoring
reports. Monitoring reports for stormwater within preserves
shall be included as part of the annual inspection
monitoring reports pursuant to ix (below). The County will
includes all of the Preserves receiving stormwater.
Compatible vegetation must be planted to replace upland
vegetation that may be lost as a direct result of the
introduction of stormwater into the preserve.
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1 ix. Inspections and Monitoring. The property owner shall
2 provide for inspections of all on -site preserves by the
3 Preserve Manager on an annual basis, at a minimum or
4 more frequently when required to insure the preserve
3 functions as intended. The results of the inspections and
6 recommendations of the Preserve Manager, must be
7 included in a monitoring report on an annual basis at a
8 minimum. The propertv owner shall retain copies of the five
9 most recent years of monitoring reports and make them
10 available to Collier County upon request.
11
12 X. Preserve Site Plan. A Preserve Site Plan with FLUCFCS
13 Codes for each of the habitat types within the preserve
14 must be included as part of the Preserve Management
15 Plan. The location of pathways and other approved uses
16 within the preserve must be included on the Preserve Site
17 Plan.
18
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LDC Amendment Request
ORIGIN: Revised in GMP Future Land Use Element
Deferred from 2008 LDC Cycle 1
AUTHOR: Ray Smith
DEPARTMENT: Pollution Control & Prevention Department
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC3:48 -52
LDC SECTION(S): Section 3.06.06 Regulated Well Fields
CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange
Tree Well Field Illustration.
REASON: Remodeled the Well field Risk Management Special Treatment Overlay Zones
around the Orange Tree Well Field.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The
Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge
Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective
3.3.
OTHER NOTESNERSION DATE: August 14, 2009; April 27, 2010 replaced outdated
graphic illustration with that previously intended; May 17, 2010 BCC — added title above graphic
illustration.
Amend the LDC as follows:
it *1
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ORANGE TREE
WELL FIELD
9 Illustration 3.06.06 F.
10 For more detailed information, refer to the Collier County Zoning Map at
11 lieraov.net/Index,aspx ?page =9M
12
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC5:21 -24
LDC SECTION(S): 5.04.05 Temporary Events
CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions
inserted from section 5.06.00.
REASON: The sign code was revised as a result of provisions found to be in violation of the
First Amendment by federal circuit court. Provisions for temporary signs have been removed
from the sign code and relocated in section 5.04.06 Temporary Signs. When the new provisions
were inserted during the sign code revision, the rest of section became disjointed and confusing;
therefore, the section has been reorganized.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND
STANDARDS BY LAND USE CLARIFICATION.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE: Created on June 26, 2009. Revised August 23, 2009.
Revised March 15, 2010. Revised April 27, 2010 by CAO — Proof Changes approved by BCC on
May 17, 2010.
Amend the LDC as follows:
CHAPTER 5 SUPPLEMENTAL STANDARDS
5.04.00 Temporary Uses and Structures
5.04.01
Temporary Use Permits
5.04.02
Interim Agricultural Uses
5.04.03
Temporary Uses During Construction
5.04.04
Model Homes and Model Sales Centers
5.04.05
Temporary Events
5.04.06
Temporary Signs
5.04.07
Annual Beach Event Permits
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5.04.08 fReservedl
+ + + + +
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+ + + + + + +
5.04.00 TEMPORARY USES AND STRUCTURES
5.04.01 Temporary Use Permits.
A. Purpose and intent. Based upon the nature of some uses their impact on adjacent
and to provide for their permitting. [Relocated, was 10.02.06 G.1, see page 17 of this
document]
operation and the impacts of the proposed temporary use on adjacent properties —AA
mit shall indude n eptual site plan or a oi4
simultaneously with the bmis ^n of building e .^'+ appliration, t a
[Partially relocated, was 10.02.06 G.2 (remainder is 10.02.06 G.4.), see page 17 of
this document]
5.04.02 Interim Agricultural Uses
+ + + + + x + + + x + + x
5.04.03 Temporary Uses During Construction
+ x x + + x x x + + x + +
5.04.04 Model Homes and Model Sales Centers
5.04.05 Temporary Events
A. Ten;peraq-Sales Special Events.
1. Sales and Promotional Events.
a. in +„ -the case Gf -A temporary use permit is required for temporary sales
and /or promotional events on non - residential property, such as grand
openings, going out of business sales, special promotional sales,
sidewalk sales, overstock sales tent sales or other similar uses
(curl a eF n ..e ale le ale and ilaic private home sales),
the re ne
nt„ ars ger r de .. epee rent n e able permits for may
sales and promotional events related to the principal activities in
operation at the subject property, unless otherwise provided for in this
section. ee +e .e„r+een nn\ rin.,� rf r..te eti th..+ rl
rle et P)CAPP121 twenty eight (28) days. A multi to nt building teR.
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b.
A temporary use permit for sales or promotional events shall meet the
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procedural requirements of Section 10.02.06 G.
13
14
C.
Te Fspemry sales e mits may, iR suppert of the use heir permitted,
15
L le 4he of Haman{ of a 11 of thiFty twe (32)
16
squape feet or two (2) S Gh SigRS ferproperties GOntaiRing more fhaR o e
18
temporary Strictures, and equipment may be lased OR the site —A4
19
temporary structures and equipment, mershand.'se, GF ela enf and
20
PnapkiRg of VehiGleS OR GOP�WRGWR With the eMPOFary shall oonform
21
to the miRimum aFd re eRtS of fhe distr nt On which it is ler;ated If
22
the temporary use is not ra c not n eri non pirati9 . of the perm'{
23
shall he ripprnpirl vonintinn of th'-; I DG and shall he S h'e i M the
24
r e e alties hin.
25
In support of the proposed temporary sale or event, temporary signs,
26
merchandise, structures, and equipment may be placed subiect to
27
approval of a site plan depicting same.
28
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i. Temporary signage shall be subject to the restrictions set forth in
30
section 5.04.06.
31
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ii. All temporary structures and equipment, merchandise. or
33
placement and parking of vehicles in conjunction with the
34
temporary sale, shall conform to the minimum yard requirements
35
of the zoning district in which it is located.
36
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iii. A building permit may be required for the erection of temporary
38
structures.
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3. d.
Temporary-sales use permits for sales may be issued to the owner(s) of a
41
commercial establishment, or to the tenant(s) operating within a
42
commercial establishment with the approval of the property owner or
43
property manager, provided said tenant provides documentation of a
44
current annual lease with the property owner. Uses permitted by an
45
approved temporary sales permit shall be operated by the property owner
46
or tenant(s), except as provided for in sections 5.04.05(A)(5) 5.04.05
47
AAA. and 5.04.05(A)(6) 5.04.05 A.1.h. below.
48
49
4 e.
Temporary alas use permits for sales shall be restricted to those zoning
50
districts in which the sale of the items would normally be permitted.
51
Further, the sales activity permitted by the temporary use permit shall be
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related to the principal commercial activities in operation on the subject
property, except as provided for in subsections 5.0405(A)(5) 5.04.05
A.1.g. and 5.04.05(A)(5) 5.04.05 A.1.h. below. The ^'
temnerane .n't ..hall not be issued for RdeyelaneA n erFec
6 f. Special event temporary use permits shall not be issued for undeveloped
7 properties, with exception to pre - construction ground breaking events with
8 a valid development order. [old /struck portion of 5.04.05 A.4. with
9 added provision for ground breaking ceremonies which would otherwise
10 be prohibited (above)]
11
12 5gThe County Manager or designee may issue temporary use permits for
13 satellite locations subject to the applicable restrictions set forth in this
14 section, provided the applicant currently operates a business from a
15 permanent, approved commercial location within the County. Additionally,
16 the purpose of the temporary sale shall be the same as the principal
17 purpose of the existing commercial business of the applicant.
18
19 6.h. The County Manger Manager or designee may, in determining a specific
20 benefit to the public, grant a temporary use permit to facilitate the sale of
21 an item or items not generally available within a specific planning
22 community, subject to the applicable restrictions set forth in this section.
23
24 7. A temporary sales permit shall meet the proGeduFal ' tsef Gha ^ter
25 The nnlinant Shall .d - mAnstrate that ppevisien will he made to a.den atel
26 address ea ^h Of the f^ "^• ^^: [Relocated to 10.02.06 G.4 (see page 18)]
27
28 a. Veh".. lar and pedestrian traffic measures.
29
30 b. AdditiAnal paFk;Rg reg6l FBr ^eRts. n maximun; of ten (10) perceptf the
31
32 otherwise rendered unusable by the pla pt of tempemry str n4
33 equipment, signs and mershand se. The MiR;MHI .Tequ:red Rurnner- of
34 handicapped spaces pursuant to section 4.04.00 shall rprnain ;;vailahle
35 for- usage
36
37 6. maed anti. d{. heirs
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39 d.. A.( atrh�hFAP_^,ffeFl6.Pg, andlig*t.Rg
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41 e Fire roteat p measures.
42
43 f. Sa ltaRRZyfao.'ities
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45 g If re rod a faithful pe.fpr...apne bapd ton antee p pl'a a i.vith the
46 GGnditioRs ef this peFmit.
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48 [Re- located; 5.04.05 C (page 7), 5.04.06 A.3.f (page 8), and 5.04.06 B.1.d (page 8)]
49 8. GaFage 691e6 In the ^�.se�f -ga� sales, lawn eT- uPd - anh er s R;'lar
50 temporary sales to be held at private homes, rhurGhes and GtheF Plane-S 0
51 WOFship, GOMMURity GeRteFs, OF other RORPFGfit FesideRtially ZGRed iRStitUtOGRG,
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2. Te�e nts.
[Relocated w/ modification, was old 10.02.06 GA (see page 22 of this document)]
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calendar year per organization are eligible for this -- exemption- permit.
3. Special Event time limits.
[Re- formatted, from 5.04.05 A.1 (above)]
1, Cnr`m nlii nle nnnnnenna ..�M- 41, 4r1 er mere 40.. -...4c 4L.e 4-H-I d rntiee
B. Temporary seasonal sales. A nonrenewable five (5) 5 -week temporary use permit may
be issued for seasonal and holiday - related temporary sales subject to the following
restrictions.
1. Temporary use permits for seasonal sales may be issued only for the following
seasonal /holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
C. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties:, provided t�;e— appliGant submits a GSP wlaiG14
deme..o4m4en 44...4 PFeViSiGRS will be made to adequately address each of the
following:
[Struck portions of subsection mostly relocated to 10.02.06 G.4 (Page 18)]
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3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for the
temporary seasonal sales.
4. Temporary use permits for seasonal and /or holiday sales may, in support of the
use being permitted, include the placement of one (1) Si9R, n Maximum of th'.t.,
(32) c e feet OF twe /O\ n nh signs fnr n e.f'e GGRtaiRing more tha
signs, merchandise, temporary
structures, and equipment may be nlaGed nn the rite if the temnnr^^• use is not
.dionnnti Rued upon expiration of the permit, it shall be deemed o vielatieR of this
r'•nrl....nd chnll he c h'enf to the .. ..It'en ho
i. Temporary signage is subject to the restrictions set forth in subsection
5.04.06 A & B.
ii. A building permit may be required for the erection of temporary
structures.
to be held at private homes, churches and other places of worship community centers
or other nonprofit residentially zoned institutions, the County Manager or designee may
issue one 2 -day permit for such events during each 6 month period.
5.04.06 Temporary Signs. [Ord. 09 -55, page 6 of 12]
A Resewed [Ord. 09 -55, page 6 of 12]
A. A temporary use permit is required for the placement of any temporary ground sign
snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be
allowed subject to the restrictions imposed by this section.
1. The County Manager or designee may issue temporary sign permits classified
by use, as necessary to adequately address each of the temporary signs
described within this section. For each permit type the nonrefundable fee shall
be as established in the fee schedule for the services performed by the
Community Development and Environmental Services Division.
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2 3. Standards applicable to all temporary signs.
a. Temporary signs and banners permitted by authority of this section shall
not be placed within any public right -of -way.
7 i. Sign placement shall not obstruct or impair the safe visibility,
8 ingress, or egress of pedestrians and motorists.
9
10 b. The occupant of a lot, parcel, multi- tenant parcel or mixed use building,
11 may display 1 on -site temporary sign: a second such sign may be
12 displayed on a property having a second street frontage.
13
14 C. Absent specific standards to the contrary, temporary signs shall be
15 located onsite and no closer than 10 feet to any property line.
16
17 d. Temporary signs and banners used on nonresidential or mixed use
18 properties shall not exceed 32 square feet in sign area or 8 feet in height.
19
20 e. Temporary signs used on residentially zoned properties shall not exceed
21 4 square feet in area or 3 feet in height.
22
23
24 B. Temporary Sign Permit Types and Standards. [Ord. 09 -55, page 6 of 12]
25
26 1. Temporary Events. A temporary use permit for a temporary event, issued per
27 section 5.04.05., shall allow for the placement of temporary signage as classified
28 and regulated herein. [Ord. 09 -55, page 6 of 12]
29
30 a. A "sign only' temporary use permit may be issued for temporary ground
31 signs and banners used to promote a sale, event, or activity not requiring
32 a temporary event temporary use permit per section 5.04.05 of this Code.
33 Such uses include, however are not limited to, study or course offerings,
34 vacation camp, non - public indoor events, and sales events occurring
35 within the confines of an established business. [Ord. 09 -55, page 6 of 12]
36
37 i. "Sign only' temporary use permits will be allowed, regulated, and
38 enforced as special event signs. [Ord. 09 -55, page 6 of 12]
39
40 ii. Time limits for 'sign only' temporary use permits shall be the same
41 as those for special events, see subsection 5.04.05 A.3.
42 [Ord. 09 -55, page 6 of 12]
43
44 b. Special event signs. [Ord. 09 -55, page 6 of 12]
45
46 i. Special event signs shall be erected not more than 15 calendar
47 days prior to the supporting event and shall be removed within 7
48 calendar days after the event has taken place.
49 [Ord. 09 -55, page 6 of 12]
50
51 C. Seasonal sales signs.
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1 [authorized by 5.04.05 BA., (see page 7 of this document)]
2
3 [A portion of 5.04.05 A.B. (see page 4 of this document)l
4 d. Garage sales signs. Two temporary signs may be placed on the property
5 where the sale is being conducted.
6
7 2. Grand Opening signs. A one -time 14 -day nonrenewable grand opening sign
8 only temporary use permit may be issued upon the opening of a new business,
9 or the approved relocation of an existing business. [Ord. 09 -55, page 6 of 12]
10
11 a A current valid Collier County Business Tax Receipt or an approved Land
12 Use and Zoning Certificate (Non - Residential) may serve as evidence of
13 the new business, or location, opening. [Ord. 09 -55, page 6 of 12]
14
15 b. A separate permit is not required for a grand opening sign if being placed
16 in conjunction with a special event temporary use permit issued per
17 subsection 5.04.05 A.1. [Ord. 09 -55, page 6 of 12]
18
19 C. A grand opening sign- temporary use permit may only be obtained within
20 the first 3 months of establishing a new business or location.
21 [Ord. 09 -55, page 7 of 12]
22
23 d. A grand opening sign is limited to an anchored banner.
24 [Ord. 09 -55, page 7 of 12]
25
26 e. A "sign only' temporary use permit for a grand opening sign shall be
27 exempt from the annual time limitations identified in subsections 5.04.05
28 A.3.a. and 5.04.06 C.1.a.ii. [Ord. 09 -55, page 7 of 12]
29
30 3. "Coming Soon Signs." A onetime non - renewable temporary use permit may be
31 granted, for a coming soon sign located within a non - residential zoning district,
32 subject to the following: [Ord. 09 -55, page 7 of 121
33
34 a. As applied in this section, a coming soon sign is defined as a ground
35 sign used to inform the public of the intended opening of a new business.
36 [Ord. 09 -55, page 7 of 12]
37
38 b. A temporary use permit for a sign shall not be issued until the applicant
39 has applied for a building permit for the principal structure.
40 [Ord. 09 -55, page 7 of 12]
41
42 C. The temporary use permit number shall be placed at the base of the sign
43 not less than'/ inch from the bottom. [Ord. 09 -55, page 7 of 12]
44
45 d. The sign shall not be displayed for a period more than 6 months from the
46 issuance of the temporary use permit or until the issuance of a permit for
47 the permanent sign, whichever occurs first. The nonrefundable fee for
48 this temporary use permit shall be as set forth in the fee schedule for the
49 services performed by the Community Development and Environmental
50 Services Division. [Ord. 09 -55, page 7 of 12]
51
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4. Reserve J Temporary business identification signs. A temporary use permit
allowing for the temporary placement of a sign solely for the purpose of
displaying a business name for an existing business undergoing a permitted
renovation remodel or repair that would require the temporary removal of an
existing legally conforming sign.
a. As applied in this section, the sign must be constructed of wood, plastic,
or other similar material may not be a banner sign, and is limited to 16
square feet.
b. If placed in a shopping center or multiple occupancy building, the
temporary sign for each business must be of similar color, lettering, and
style.
C. The sign may be affixed to the building or free - standing in front of the
d. The sign may remain in place for no longer than 120 days, until
construction has been completed, or a permanent sign is install ed
whichever occurs first.
[This subsection was changed and relocated from 5.06.04 F.9.b. (page 15 of this
document)l
5. Temporary sign covers. A non - renewable temporary use permit is required to
this section.
a. A sign cover made from white vinyl or canvas may be authorized for an
existing ground or pole sign for 120 days or when the permanent sign is
installed whichever occurs first, after which time the cover shall be
removed regardless of whether or not the sign face has been replaced.
6. Election and Referendum signs. Signs for elections and referendums shall be
permitted subject to the following requirements: [Ord. 09 -55, page 7 of 121
a. A bulk temporary permit shall be obtained prior to the erection,
installation, placement, or display of signage before elections and
referendums. The fee for the bulk permit shall be as set forth in the fee
schedule for the services performed by the Community Development and
Environmental Services Division. [Ord. 09 -55, page 7 of 12]
b. The bulk permit number shall appear on every sign or on the pole
supporting the sign. [Ord. 09 -55, page 7 of 12)
C. All signs for which the permit is issued shall be removed within 7 days
after the event. Each sign not removed within the required time shall
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1 constitute a separate violation of this Code. The permittee will be subject
2 to issuance of a citation for each violation from the Collier County Code
3 Enforcement Board. [Ord. 09 -55, page 7 of 121
4
5 d. Signs erected within residentially zoned or used property shall not
6 exceed 4 square feet in area and 3 feet in height, and shall be located
7 on -site and no closer than 5 feet to any property line.
8 [Ord. 09 -55, page 8 of 121
9
10 e. In all other zoning districts; such signs shall not exceed a maximum sign
11 area of 32 square feet peF -sign and 8 feet in height, except when affixed
12 to the surface of a building wall, and shall be located no closer than 10
13 feet to any property line. The quantity of such signs shall be limited to 1
14 sign for each lot or parcel per bulk permit issued.
15 [Ord. 09 -55, page 8 of 12]
16
17 t. In addition 4e a bulk tem erg Use permit, a bw Id ^ permit sha4
18 her re,d f ^r each installed ^. [Ord. 09 -55, page 8 of 121
19
20 II. All supports shall he oe rely built, n tr ^lerd and a .d .d ±
21
22 [Ord. 09 -55, page 8 of 12]
23
24 III. The mM^ um height of aRy GigR poster T hall he limited 4 9
25 feet o 8pt fer gRs affixed to the su rfar° of .^.. build II
., I... .`�..�. .. ... building -.rarer
26 [Ord. 09 -55, page 8 of 12]
27
28
29 5.04.07 Annual Beach Events Permits [Ord. 09 -55, page 8 of 121
30
31 A. The owner of beach -front commercial hotel -resort property shall apply for an annual
32 beach events permit. The County Manager or his designee, or - ...v -QasigRee, may grant
33 the permit following review of an application for such permit. The application shall be
34 submitted on the form prescribed by Collier County together with the applicable fee for
35 the number of planned annual beach events as indicated on the permit form and
36 exhibits thereto. Permits issued pursuant to this section are not intended to authorize
37 any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of
38 1973, as it may be amended.
39
40 B. For purposes of this section, a "beach event' shall mean and refer to any social,
41 recreational or entertainment event (whether public or private), conducted on the beach
42 and satisfying one or more of the following criteria:
43
44 1. The event involves the use of dining /picnic tables and chairs, serving tables, or
45 other ancillary equipment typically used to serve an on -site meal; or
46
47 2. The event involves the use of staging equipment, amplified music, or the use of
48 other types of electrical equipment for purposes of enhanced light and /or sound;
49 or
50
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1 3. The event:
2
3 (a) Is attended by 25 or more people and is organized by or with the help of
4 the commercial property owner; and
5
6 (b) Is of a nature not commonly associated with the day -to -day use of the
7 beach by the general public.
8
9 C. Notice of scheduled events:
10
11 1. On or before the 25th day of each calendar month, the holder of such permit
12 shall cause Collier County to be furnished with written notice of all beach events
13 scheduled for the following month, in the form and content made a part of the
14 annual beach events permit application. The notice shall indicate the date, time
15 and duration of each event.
16
17 2. If a beach event is scheduled after the monthly notification has been furnished
18 to Collier County, the property owner shall furnish the county with a separate
19 written notice at least 48 -hours prior to such event.
20
21 3. All notices or documents furnished to Collier County pursuant to the permit or
22 these regulations shall be sent to Collier County Planning Services Department
23 and for events that occur during sea turtle nesting season, to the Collier County
24 Natural Resource Department as well.
25
26 D. Event cancellations and postponements:
27
28 1. If a scheduled beach event is canceled or postponed, the property owner shall
29 furnish Collier County with written notification of such cancellation or
30 postponement. It is understood that weather conditions may cause last minute
31 cancellations, however the property owner shall make every effort to notify the
32 county staff a minimum of four hours prior to the scheduled event time. If such
33 event is rescheduled, notice of the date and time of the rescheduled event shall
34 be provided.
35
36 2. If a beach event is canceled or postponed, and no other beach events are
37 scheduled for the date of the canceled /postponed event, and Collier County has
38 been notified of such cancellation or postponement, then the canceled or
39 postponed event shall not count towards the maximum number of beach events
40 authorized by the permit.
41
42 E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting
43 season (May 1st through October 31st of each year) are also subject to the following
44 regulations:
45
46 1. All required Florida Department of Environmental Protection (FDEP) field
47 permits, shall be obtained and a copy furnished to Collier County prior to the time
4 8 of the scheduled event as set forth in sections 04 06(G) 5.04.07(C).
49
50 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no
51 structure set up, or beach raking or mechanical cleaning activity for any
vim;
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particular beach event shall commence until after monitoring conducted by
2
personnel with prior experience and training in nest surveys procedures and
3
possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
4
Permit has been completed.
5
6
3.
Prior to all scheduled beach events, every beach event permit holder is required
7
to rope off (or otherwise identify with a physical barrier) an area with no less than
8
a 15 -foot radius out from each sea turtle nest that has been identified and
9
marked on a beach, unless a greater distance is required by an applicable state
10
permit.
11
12
4.
Use of vehicles on the beach is prohibited, except as may be permitted under
13
Section 10.02.06 I.
14
15
5.
Consistent with section 10.02.06, all materials placed on the beach for the
16
purpose of conducting permitted beach events: 1) must be removed from the
17
beach by no later than 9:30 p.m. of the date of the event; and 2) no structures
18
may be set, placed, or stored on, or within ten feet of any beach dune, except
19
that materials may remain in an identified staging area until 10:00 p.m. The
20
location and size of all staging areas will be as identified in the permit.
21
22
6.
All lights that are visible from the beach and cast a shadow thereon shall be
23
turned off by no later than 9:00 p.m. of the date of the event.
24
25
7.
Identification of sea turtle nests on the beach may cause the beach event to be
26
relocated from its planned location or to have additional reasonable limitations
27
placed on the event pursuant to the recommendation of Collier County staff in
28
order to protect the identified sea turtle nests in this permit; except that county
29
staff may relocate a staging area as provided for in section 5.54:86 5.04.07, as
30
part of its daily sea turtle monitoring.
31
32
8.
Pole lighting, and any other object or structure designed to penetrate the beach
33
surface by more than three inches shall be subject to the approval of the FDEP
34
and Collier County.
35
36
9.
A copy of all notices required by any permit or these regulations must also be
37
provided by the permit holder to the County Manager or designee.
38
Note: When a state permit is more restrictive than the Code requirements, the
39
State requirements shall supersede, and the county shall enforce these
40
requirements.
41
42 F.
Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following
43
violations of this section are subject to the following penalties, except that the annual
44
beach events permit may not be suspended or revoked:
45
46
1.
Violations which do not occur during sea turtle nesting season, i.e., occur outside
47
of sea turtle nesting season, are subject to up to a $500.00 fine per violation.
48
49
2.
Violations which occur during sea turtle nesting season and are:
50
51
a. Any activity that may cause immediate harm to sea turtles or their nesting
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activities; which include, but are not limited to the following: 1) setting up
a beach event prior to daily sea turtle monitoring; 2) failing to remove
beach event materials from the beach by 9:30 p.m.; 3) failing to have
lights, so required, turned out by 9:00 p.m.; or 4) not placing additional
barriers around nests as required by section 5.04.06; are subject to the
following penalties:
First violation: $1,000.00 fine.
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
b. Any activity that would not cause immediate harm to sea turtles or their
nesting activities; which include, but are not limited to the following: 1)
failing to notify the county of a beach event; 2) failing to provide the
county with copies of Florida Department of Protection permits prior to
each beach event, or 3) having beach event materials or related
structures set, placed, stored on, or within ten feet of any beach dune; are
subject to up to a $500.00 fine.
(Ord. No. 05 -27, § 3.CC)
x x • >
5.04.08 rReservedl
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5.06.04 Development Standards for Signs in Nonresidential Districts.
[This subsection was struck, in its entirety, by Ord. 09 -43 (page 42 of 89), Elements
returned as new 5.05.06 B.6. by Ord. 09 -55 (page 7 of 12); now page 10 of this document]
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9 FV All s vets shall he s rely bUdR nstn Usted and o eGte 1 to
10 enferm a :4b the . enM of this Code.
11
12 V. The maximurR height of a ol't'oal Garnpaign sign or oster,
13 e)(Gept these that may be affixed to a wall, shall be limited to 9
14 feet-
15
16 A D.J'4'oal SigRG shall net be voted nFl the ..lase date of the
17 FIGFida Statutes as
18 it may be Amended and shall he r red within 7 ealendar days -
19 Or
20 elesV'on to the of iG after a .al OF eGt'n of the issue Leas
21 Occurred:
22
23
24
25 F. On- premise signs. On- premises pole signs, ground signs, projecting signs, wall
26 signs, and mansard signs shall be allowed in all nonresidential zoning districts subject
27 to the restrictions below:
28
29
30 [The following subsections were added by Ord. 09 -43, page 71 -74 of 89) and are
31 now being re- located to 5.04.06 (page 7 of this document)]
32 [See 5.04.06 A. (page 7 of this document)]
33 9. Temporary signs. A temporary use peFFR,r is FequiFed te erect aternpora:--sign
34 As sett f�rsentma 100:2013 r_ uglesso#erwse— provided herein
35 Annlaants For { .. . .. sign permits shall the fee esha hGs had For pay
36 temnora Fy sign perrRit. Ternnorar.e SigRS shall be allowed sLlbjeGt to the
37 restrictions imposed by this est n.. and other releVa Rt arts of this Go de
38 Temporary use permits Fnr s al events signs e located in seation 5 04 05
39
40 a. Te.nnoran. signs. An o nt of a paFGel, It' tenant n el OF mixed
41 use building, may display 4 on site 4emnerany oommerofal sign or 2 c oh
42 Signs far properties __nta :n n more than 1 _treat frontage not t..
._. �._�_. ..__ ._ :'.� error. .. __. .......��_,
43 eXGeed 32 ° F c atio 5.04.
n�
ogcor °c eat m area or eat m height. subseo
44 A. far tine I'm'ts on the display of te;npoFaFy signs.
45
46 I. SUGh signs shall be Insated a m' 'm m of 10 Feet From any
47 PFGPeFty IiRs-
48
49 [the subsection appearing below was modified (time limits changed for
50 consistency and graphics references removed) and relocated to 5.04.06 B.5
229
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1 (page 10 of this document)]
2 b. Temporary S made of .: n.d o GaRvas . he authorized for an
3
4
5 A blaRk Sign GGVeF made from All
6 for 90 days after ,.hiGh time the Govpr shall he removed,
7 Fegardless of whether or not the sign faGe has been r nlaGed A
8 perm t is not required.
9
10 ii n Sign • made from all white material displaying gFaphiGS
11 I mited to °3 square r —vet shall she permitted for 14 days. p,.
12 temporary use perrai��t4R) is required. ° of 2
13 tempGFa Fy use mits may he ed i.VithiR 12 en t'a
14 Months. If the o nh'.. ape a .ed from the GeveF, it may remain
15 feF the baIaRGe of the 90 days.
16
17
18
19 may appear on both sides ef the
20 Gover, and the n m't fee nd'onied 'o the rncc fee
21 °ohedule..
22
23 9. On- premises directional signs may be permitted within nonresidential zoning
24 districts intended to facilitate the movement of pedestrians and vehicles within
25 the site upon which such signs are posted. On- premises directional signs
26 shall not exceed 6 square feet in area and 4 feet in height. On- premises
27 directional signs shall be limited to 2 at each vehicle access point and a
28 maximum of 4 internal to the development. Internal signs are not intended to
29 be readily visible from the road. [Ord. 09 -55, page 10 of 12]
30
31 a. Directional signs located internal to the subdivision or development
32 shall maintain a minimum setback of 10 feet from the edge of the
33 roadway, paved surface or back of the curb, as applicable.
34
35 b. Directional signs may be combined into a single sign not to exceed 6
36 feet in height and 64 square feet in area. Such signs shall require a
37 building permit.
38
39 10. On- premise signs within agricultural districts. [Ord. 09 -55, page 10 of 12]
40
41 a. In the rural agricultural area designated on the future land use map of the
42 growth management plan. On- premises signs shall be permitted within
43 agriculturally zoned or used property, for agri - commercial uses defined
44 within the Collier County zoning ordinance only, and subject to the
45 following restrictions:
46
47 i. One pole or ground sign, located at the entrance or gate of each
48 street frontage. The maximum allowable sign area for each pole
49 or ground sign shall not exceed 100 square feet with a maximum
50 height of 20 feet, and shall be located a minimum of 15 feet from
51 any property line, public or private right -of -way or easement.
41f,
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b. On- premises signs within agricultural zoning districts in the urban area
shall comply with the requirements of section 5.06.04 of the Land
Development Code.
C. Wall, mansard canopy or awning signs within agricultural districts.
Wall, mansard, canopy or awning signs shall be permitted within
agriculturally zoned or used property, for agri - commercial uses defined
within the Collier County Land Development Code, and subject to the
following restrictions:
One wall or mansard, canopy or awning sign shall be permitted
for each principal use structure on the parcel. Corner parcels
or double- frontage parcels shall be allowed 1 sign per street
frontage, but such signs shall not be combined for the purpose
of placing the combined area on one wall. The maximum
allowable display area for any sign shall not be more than 20
percent of the total square footage of the wall to which it is affixed,
and shall not in any case exceed 250 square feet in area per sign.
11. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and
all other applicable federal, state, and local codes and regulations. Further,
lighted signs shall be shielded in such a manner as to produce no glare, hazard
or nuisance to motorists or occupants of adjacent properties; nor be reflective or
fluorescent; and shall have a steady non - fluctuating or non - undulating light
source. [Ord. 09 -55, page 10 of 12]
12. Mobile billboard. It shall be unlawful for any person to display any mobile
billboard. [Ord. 09 -55, page 10 of 121
13. See section 5.05.05 of this Code for signage regulations for automobile service
stations. [Ord. 09 -55, page 10 of 12]
10.02.00 APPLICATION REQUIREMENTS
10.02.06 Submittal Requirements for Permits
� . .
G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the
LDC- for temporary use permit classifications and restrictions.
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1 [Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and
2 Relocated to 5.04.01 A., see page 2 of this document]
3
4 1. Applications for temporary use permits shall be submitted to the County Manager
5 or designee in writing on a form provided by the Community Development and
6 Environmental Services Division.
7
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[Although struck by Ord. 09-43 (Page 88 of 89) is being modified and
Relocated to 5.04.01 B., see page 2 of this document]
2 Submittal Requirements. The temporary use permit application and aAprepriaie
required plan shall be submitted together with the applicable nonrefundable fee,
as indicated in the CDES fee schedule and approved prior to or simultaneously
with the submission of a building permit application if required.
3-.-10. [Relocated in entirety, see new 10 below.]
3 Each temporary use permit application shall be accompanied by authorization of
the property owner or leasing agent and a current valid Business Tax Receipt in
the case of temporary sale when required.
4 A conceptual site plan (CSP) or a site development plan (SDP) is required for
special events and seasonal sales. For improved and unimproved properties the
site plan must demonstrate that provisions will be made to adequately address
each of the following:
[refer to struck portions of 5.04.05 A.7. & 6.2 (pages 4 & 6, respectively)]
a. Vehicular and pedestrian traffic safety measures.
b. Adequate on -site or additional off -site parking areas shall be provided as
follows.
unusable by the placement of temporary structures, equipment,
and merchandise.
ii. The minimum required number of handicapped parking spaces
pursuant to section 4.05.07 shall remain available for use.
C. Limited activity hours.
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d. Watchmen. fencina and liahtin
e. Fire protection and emergency measures.
f. Sanitary facilities.
q If required a faithful performance bond to guarantee compliance with the
conditions of the permit.
5. Review procedures.
a. Based upon the information contained in the application the Countv
may attach conditions to the permit.
b. In the event an application is denied by the County Manager or designee
the reason(s) shall be noted on the application and returned promptly.
6. Indemnification. The applicant shall be required to indemnifv and hold harmless
Collier County, its officers agents and employees from and against all claims
suits actions damages liabilities expenditures or causes of action arising out of
or occurring during the activities of applicant under a permit issued hereupon in
the form and manner provided by the County Manager or designee
7. Cancellations and postponements.
a If a permitted event is canceled or postponed the applicant shall furnish
of the date and time of the rescheduled event shall be provided
b. If a permitted event is postponed the permit will be amended to reflect
the rescheduled event dates and a copy will be provided to the applicant
prior to the event.
C. If an event is cancelled and the County is notified Drior to the initially
proposed commencement date the number of days used will not count
towards the maximum number of authorized days afforded for events by
the Code.
8. Suspension or revocation. Failure to comply with the terms and conditions of the
temporary use permit once issued, shall be grounds for immediate suspension
of the permitted activity until such time as the noncompliance is remedied A
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1 comply with the terms and conditions of a previously suspended permit may
2 result in the revocation of said permit.
4 9 Violations The failure to obtain a required Temporary Use Permit and /or the
5 failure to cease activities authorized by such a temporary use permit including
6 the removal of any displays structures merchandise equipment signs or
7 banners authorized by said permit upon expiration suspension or revocation
8 shall establish a violation of this Code and shall be subject to the penalties
9 established within this Code.
pull
11 10. 3- Film Permit.
12
13 a. Permit required. A permit shall be required for the following activities
14 taking place, in conjunction with commercial motion picture, film,
15 television, video or still photography production: the use of set scenery,
16 temporary structures or other apparatus, special effects, or closure of
17 public streets or accessways. This Code shall not apply to bona fide
18 newspaper, press association, newsreel or television news media
19 personnel, nor to properties that have been zoned to allow motion
20 picture /television filming as a permitted use.
21
22 b. Application forpermit, contents. Any person, firm, corporation, association
23 or governmental entity desiring to obtain a permit shall apply to the
24 County Manager or his designee; and said application shall include but
25 not be limited to the following -:
26
27 i. Name, address (including local address) and telephone number of
28 applicant.
29
30 ii. Proof of comprehensive general liability insurance coverage in the
31 amount of at least $1,000,000.00 combined single limit, with
32 Collier County named as an additional insured. The applicant shall
33 provide to the County Manager or his designee a certificate of
34 insurance evidencing that said insurance is in effect and certifying
35 that Collier County be given 30 days' notice prior to the expiration
36 or cancellation of the policy.
37
38 iii. Special effects to be utilized, especially incendiary or explosive
39 devices, with proof of not less than $5,000,000.00 comprehensive
40 general liability insurance combined single limit with Collier County
41 listed as additional insured. In addition, the application shall list
42 the person in charge (pyrotechnician) of such special effects,
43 together with his qualifications and license from the applicable
44 federal and /or state agencies, and authorization from the local fire
45 district permitting the event.
46
47 iv. Locations, dates and hours of filming.
48
49 V. The following information is required by the County Manager or
50 his designee, unless waived:
51
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a) A conceptual plan indicating the location of film events and
parking facilities provided.
b) Plans for construction or utilization of structures on subject
site(s).
C) Number, type and location of sanitation facilities to be
provided. Plans for disposal of refuse and debris, and
restoration of the site(s) to its original condition.
d) A description of any lighting facilities that would be
necessary and /or the need to disconnect any public
lighting.
e) A description of any use which may encroach into
environmentally sensitive areas.
f) Approximate number and type of vehicles and /or
equipment to be used and any special parking
requirements. The number of personnel to be on location
with the production.
g) Necessity for closures of public streets or sidewalks and
for what duration and location.
h) An indication of any utilization of aircraft/fixed -wing,
helicopter, or balloons at the subject site(s).
i) List of county personnel or equipment requested, and an
agreement to pay for extraordinary services provided by
Collier County.
j) Provisions for traffic control, fire safety and security
precautions.
k) If located on private property, not under the county's
ownership or control, a written notarized agreement from
the property owner to allow the filming to occur on his
property.
1) Additional information requested to assist Collier County in
obtaining future film production.
C. Insurance requirements. The applicant shall maintain in force at all times
during the permit period, a comprehensive general liability policy with
limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii.
above of this Code as determined by the risk management director upon
a review of the particular circumstances involved. Said applicant shall
provide to the County Manager or his designee a certificate of insurance
as evidenced that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30 days'
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1
notice prior to the expiration or cancellation of the policy. Any additional
2
insurance requirements for filming on private property will be at the
3
discretion of the affected property owner.
4
5
d.
Indemnification. The applicant shall be required to indemnify and hold
6
harmless Collier County, its officers, agents and employees from and
7
against all claims, suits, actions, damages, liabilities, expenditures or
8
causes of action arising out of or occurring during the activities of
9
applicant under a permit issued hereupon in the form and manner
10
provided by the County Manager or Ws- designee.
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e.
Permit fee. No permit fee shall be required. Any additional license or user
13
fees which have been established for county -owned land or facilities shall
14
be in effect.
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16
f.
Issuance of permit. Upon presentation of the completed application, proof
17
of insurance, payment of permit fee, surety bond or cash payment in lieu
18
of the bond and review by the County Manager or tafs designee, the
19
permit may be issued. If the County Manager or his designee determines
20
that the use of public or private property could affect the public's use of
21
the property, or have potential adverse impacts on surrounding
22
properties, then he /she may require that the permit application be
23
scheduled for a public hearing before the Board of County
24
Commissioners. The special circumstances could include, but are not
25
limited to, closure of a public street or accessway, use of special effects,
26
including incendiary or explosive devices; a large production crew or
27
crowd control; and increased liability insurance required. The notice for
28
the public hearing shall be advertised in a newspaper of general
29
circulation in the county at least 1 time 15 days prior to the hearing.
30
31
g.
Suspension of permit. Failure to comply with the terms and conditions of
32
the temporary use permit once issued shall be grounds for immediate
33
suspension of the permitted activity until such time as the noncompliance
34
is remedied. The suspension shall be initially communicated verbally,
35
followed by a written suspension order; and continued failure to comply
36
with the terms and conditions of the permit may result in revocation of the
37
permit.
38
39
h.
Costs for extraordinary services. The county shall recover direct costs for
40
extraordinary services rendered in connection with a production. Such
41
costs shall include, but not be limited to, charges for personnel and /or
42
equipment committed in support of the production which are outside the
43
normal scope of government services. Based on the information
44
contained in the permit application, an estimate of these costs will be
45
provided to the applicant prior to issuance of this permit. The county may
46
require prepayment of all or a portion of these estimated costs prior to
47
issuance of the permit. At the conclusion of the production, actual costs
48
below or in excess of the estimates will be refunded by the county or paid
49
by the applicant, respectively.
50
51
i.
Surety bond. A surety bond in an amount to be determined by Collier
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Te)d Striketh�.. gh is N tG he d.. sited
�. �.....� ..may.. �.
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1
County and issued by a company authorized to issue bonds in Florida or
2
cash payment in lieu of the bond may be required by the County Manager
3
or his designee to provide for cleanup and /or restoration of the subject
4
site(s).
5
6
4: Tempomny c ortc events, religiG146 a epic pd g Rita•
event
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[Subsection relocated to page 5 of this document, new 5.04.05 A.2.]
8
9
In the 92138 of ° nrtg a pig eligie a eRtS other
a events, GOMMURity 9F
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similar eventsSPensered by Prefit, nonprefit, sh^ ^t^h (
11
membepship eF9ani;zatimn.q the County MaR °r r his desig Re. may
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aRy calendaF year the n -i.h total of all permits fee si inh Pyents does °t
14
eXGeed 28 days Temporary p mils may he allowed fnr An addifinn.l
15
16
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nrld't'n al nongtra nts deemed p pp n
to the
.._____ and ate request-.
18
C gh st'p lat'ops nstra nts deemed by the beard
.°. Of
19
.pt.yVg _hall he noted as
t^ the
_ Vnd't.n.a umn. .
to sign
m
said Fits and the nerm'ttee shall be
required a notarized
21
agF188MeRt to said stip IaFo OF nstra'nts
22
23 b. Temporary permits may, in support of the use being Permitted; i ^'e
Iageme { hand. structures and equipment, and 2 4 e�,�.,,�nt- ors�gfls�ers.,�,mse, ,
25 ohae home as a.. GffiGe, but not For r °.depg.y if the tempera. use is
26 not d's pnt:p_nd 61POR a ratio of the permit it shall he deam_d _
27 .;elat'an of the Land development Sede and shall be sWbjeet to the
2 8 peRalties R.
29
30 6 Temli p mits 'n this GategGiry shall he rest :gted to these
31 disidgis ;n ..,high the use .yo- Id normally he permitted unless th
32
33 request:
34
35 d. The -01-111ty : aRagBF or his designee -s Ihfl„ asGept without fee, temperary
36
37
38 the p ..__. of the Lavei:! is a bena Fla nonprofit ,,,zat.on and thy.
.s.I...^. '�pr.a .^arm.^.
39 Pvcnt 4; ;ntti to benefit the r .. unity at largo a eg'f'g gFOUP Of
40
41 Galendar year per OFganizatien eligible fer this exemption.
42
43
44
45 APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
46
47
48
49 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through
50 October 31st of each year) are also subject to the following regulations:
51
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1 A. All required Florida Department of Environmental Protection (FDEP) Field
2 Permits, shall be obtained and a copy furnished to Collier County prior to the time
3 of the scheduled event as set forth in section 5 -9486. 5.04.07.
4
5 B. Consistent with section 5.0486. 5.04.07. no structure set up, or beach raking, or
6 mechanical cleaning activity for any particular Beach Event shall not commence
7 until after monitoring conducted by personnel with prior experience and training
8 in nest surveys procedures and possessing a valid Fish and Wildlife
9 Conservation Commission Marine Turtle Permit has been completed.
10
11 C. Prior to all scheduled beach events, every beach event permit holder is required
12 to rope off (or otherwise identify with a physical barrier) an area with no less than
13 a 15 -foot radius around each sea turtle nest that has been identified and marked
14 on a beach, unless a greater distance is required by an applicable State permit.
15
16 D. Use of vehicles on the beach is prohibited, except as may be permitted under
17 section 5.04 06. 5.04.07.
18
19 E. Consistent with section 5 -04:06 5.04.07 all materials placed on the beach for the
20 purpose of conducting permitted Beach Events must be: 1) removed from the
21 beach by no later than 9:30 p.m. the date of the event; and 2) no structures may
22 be set, placed, or stored on, or within ten feet of any beach dune, except that
23 materials may remain in an identified staging area until 10:00 p.m. The location
24 and size of all staging areas will be as identified in the annual beach events
25 permit.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC10:143 -144
LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the
Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation
Board
CHANGE: Add notification requirements for conditional use extensions.
REASON: There are none in the existing LDC.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation
Board
z z z z z z z z z z z z z
B. Notice and public hearing where proposed amendment would change zoning
classification of land and for conditional uses and variances, for planned unit
development (PUD) rezoning extensions, conditional use extensions and for small -
scale or other site - specific comprehensive plan amendments. In the case of a small -
scale or other site - specific comprehensive plan amendment, an application for extension
of PUD zoning status or the rezoning of land, to include re- zonings, conditional uses and
variances initiated by other than the Board of County Commissioners or amendments to
planned unit developments, such provisions shall be enacted or amended pursuant to
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the following public notice and hearing requirements by the planning commission and
the Board of County Commissioners as applicable. Small -scale or other site - specific
comprehensive plan amendments, PUD extensions, rezoning, conditional uses
conditional use extensions and variance petitions initiated by the Board of County
Commissioners or its agencies for county owned land shall be subject to these
provisions.
1. Applications for a PUD extension and a conditional use extension, whether
initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to
the notice and advertising requirements set forth in sections 10.03.05 B.10. and
11. of this Code.
2. In the case of PUD extensions pursuant to sections 10.02.13 DA., 10.02.13
D.5.a. and 10.02.13 D.6. of this Code, and conditional use extensions, a sign
shall be posted at least 15 days prior to the date of the hearing before the BCC
and shall conform to the applicable sign requirements listed below.
a. The sign advising of the PUD extension or conditional use extension
hearing shall be in substantially the following format:
PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD)
and /or CONDITIONAL USE EXTENSION
TO PERMIT: (set forth alternatives going to the BCC)
DATE:
TIME:
b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM,
COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER
BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
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1 LDC Amendment Request
2
3
4 ORIGIN: Board of County Commissioners
5
6 AUTHOR: Stephen Lenberger, Senior Environmental Specialist
7
8 DEPARTMENT: Land Development Services
9
10 AMENDMENT CYCLE: 2009 Cycle
11
12 LDC PAGE: LDC5:28 -5.30
13
14 LDC SECTION(S): 5.05.02
15
16 CHANGE: To clarify how the County will treat the length of shoreline within conservation
17 easements when calculating the amount of wetslips according to the Manatee Protection Plan.
18
19 REASON: The rating system used in calculating the maximum number of wetslips in
20 accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum
21 number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is
22 to help determine the maximum wet slip densities in order to improve existing Manatee
23 protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline
24 within conservation easements.
25
26 State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised
27 County staff that the total length of shorelines, including that which is within conservation
28 easements, is used in the calculations for maximum allowable wetslips where the purpose of the
29 conservation easement is vegetation management. However, where the conservation easement
30 prohibits "in -water structures ", the length of shoreline within the conservation easement is
31 excluded from the calculations and thus, the number of allowable wetslips are reduced in
32 proportion to the length of the excluded shoreline. State staff indicate that "in -water structures"
33 can be characterized as the construction and operation of future docks, wet or dry slips, piers,
34 launching facilities or structures other than existing on the property, or activities detrimental to
35 drainage, flood control, water conservation, erosion control, soil conservation, or fish and
36 wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing.
37
38 In January 2006 during evaluation of a project, staff from the Office of the County Attorney
39 reviewed various documents including the existing conservation easement on the project, the
40 GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine
41 whether shoreline length in the conservation easement area should be excluded from the
42 calculation to determine the number of allowable boat slips. The result of this review essentially
43 provided staff with a procedure that specified that staff should review the actual language of a
44 conservation easement to determine if the easement language includes or excludes the use of the
45 easement shoreline to calculate the amount of wetslips. Inspecting the conservation easement to
46 determine its prohibitions is also consistent with the State's application.
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1
2 During the April 22, 2008 BCC meeting, item 8B, the BCC provided direction to staff on how to
3 treat shoreline within conservation easements in calculating the number of wetslips pursuant to
4 the Manatee Protection Plan. The Board direction was to exclude shoreline within County
5 required preserve areas and State and Federal conservation easements which do not allow
6 wetslips within their conservation easements when calculating the maximum allowable number
7 of wetslips pursuant to the Manatee Protection Plan and add a Conditional Use to allow more
8 boat slips if you provide public access (50 %) available to the public. 'The proposed amendment is
9 in accordance with the BCC's direction.
10
11 Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 13, 2009, with
12 no common ground among the stakeholders.
13
14 The Environmental Advisory Council (EAC) approved the amendment with the following
15 changes:
16
17 1. Replace the words "50 percent or more of their" with "some ", in the second sentence
18 under subsection "G" in the amendment.
19 2. Replace the word "ordinance" with "subsection" in the last sentence under subsection
20 "G" in the amendment. Also to request from the County Attorney Office to define what is
21 meant by "existing and vested right" in the sentence.
22 3. Add the following sentence immediately before the last sentence under subsection "G" in
23 the amendment: "This ordinance is not intended to allow publically owned wetslips
24 within a NRPA."
25
26 The Development Services Advisory Committee (DSAC) recommended that the language in
27 subsection "G" in the amendment be replaced with the following language:
28
29 "The definition of shoreline for the purpose of the Manatee Protection Plan shall be the interface
30 of land and water at mean high water, as established using standard survey techniques. All of the
31 shoreline will be used for calculating the maximum allowable number of wetslips pursuant to the
32 Manatee Protection Plan, except for shoreline within conservation easements where the
33 conservation easement expressly and specifically excludes the use of the easement shoreline to
34 calculate the amount of wetslips."
35
36 The Collier County Planning Commission (CCPC) recommended the following:
37
38 1. Drop the LDC amendment entirely since it would apply to very few projects within the
39 County. The amendment was also based on a prior staff interpretation which was never
40 codified.
41 2. Review the number of slips allowed, in accordance with the Manatee Protection Plan, on
42 a case by case basis. The number of slips could then be evaluated during PUD or BD
43 extension process, both of which are required to go through public hearings.
44 3. Staff will be required to review the County's Manatee Protection Plan in accordance with
45 recommendations from the State. The Florida Manatee Management Plan approved in
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December 2007 requires the Florida Fish and Wildlife Conservation Commission to
review all existing Manatee Protection Plans to assess whether revisions are needed.
FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the
conservation easement in order to determine if it includes or excludes the shoreline from
calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement
for applicable language should take no more than one hour of staff time.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the
Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy
7.2.3.
OTHER NOTESNERSION DATE: Created April 14, 2010. Amended May 6, 2010, May 24,
2010
Amend the LDC as follows:
5.05.02 Marinas
A. The following standards are for the purpose of manatee protection and are applicable to
all multi -slip docking facilities with ten slips or more, and all marina facilities.
B. Proposed developments will be reviewed for consistency with the Manatee Protection
Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the
proposed development is consistent with the MPP, then the developer will submit a
"Manatee Awareness and Protection Plan," which shall address, but not be limited to,
the following categories:
1. Education and public awareness.
2. Posting and maintaining manatee awareness signs.
3. Information on the type and destination of boat traffic that will be generated from
the facility.
4. Monitoring and maintenance of water quality to comply with state standards.
5. Marking of navigational channels, as may be required.
C. A rating system is established to evaluate proposed marina facilities. The purpose of the
marina site rating system is to help determine the maximum wet slip densities in order to
improve existing Manatee protection. The marina site rating system gives a ranking
based on three (3) criteria: water depth, native marine habitat, and manatee abundance.
In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the
boat traffic must be designated. For the proposed marina facility, an on -water travel
distance of five (5) miles is considered the sphere of influence.
K?
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1. A preferred rating is given to a site that has or can legally create adequate water
depth and access, will not impact native marine habitats, and will not impact a
high manatee use area (See Table 5.05.02(C)(5)).
2. A moderate ranking is given to a site where: there is a adequate water depth and
access, no impact to a high manatee use area, but there is an impact to native
marine habitat; there is adequate water depth, no impact to native marine
habitat, but impacts a high manatee use area, and when the water depth is less
than four (4) feet mean low water (MLW), no impact to native marine habitat, and
no impact to a high manatee use area.
3. A protected ranking is given to a site where: there is adequate water depth and
access, but there is an impact to native marine habitat and there is an impact to
a high manatee use area; there is not adequate water depth, there is impact to
or destruction of native marine habitat, and there is impact to a high manatee
use area; there is not adequate water depth, no impact to marine habitat, but
there is impact to a high manatee use area, or there is not adequate depth, there
is impact to marine habitat, and no impact to a high manatee use area.
4. The exact areas will depend on site specific data gathered during the site
development process reviews.
5. Table of Siting Criteria
For shoreline vegetation such as mangroves, "no impact' is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means
than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
1. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of up to eighteen (18) boat slips for every 100 feet of
shoreline. Expansion of existing and construction of new dry storage facilities is
allowed. Expansion of existing and construction of new boat ramps is allowed.
2. Moderate development sites. New or expanded wet slips and multi - family
facilities shall be allowed at a density of up to ten (10) boat slips for every 100
feet of shoreline. Expansion of existing dry storage facilities is allowed.
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Water Depth
Measured at MLW
Native Marine Habitat
Manatee Use
4 ft. or
more
Less than 4
ft.
No
Impact'
Impact
Not High
High
Preferred
X
X
X
Moderate
X
X
X
Moderate
X
X
X
Moderate
X
X
X
Protected
X
X
X
Protected
X
X
_
X
Protected
X
X
X
Protected
X
X
X
For shoreline vegetation such as mangroves, "no impact' is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means
than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
1. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of up to eighteen (18) boat slips for every 100 feet of
shoreline. Expansion of existing and construction of new dry storage facilities is
allowed. Expansion of existing and construction of new boat ramps is allowed.
2. Moderate development sites. New or expanded wet slips and multi - family
facilities shall be allowed at a density of up to ten (10) boat slips for every 100
feet of shoreline. Expansion of existing dry storage facilities is allowed.
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1 Construction of new dry storage facilities is prohibited. Expansion of existing boat
2 ramps is allowed. Construction of new boat ramps is prohibited.
3
4 3. Protected sites. New or expanded wet slip marinas and multi - family facilities shall
5 be allowed at a density of one (1) boat slip for every 100 feet of shoreline.
6 Expansion of existing dry storage facilities or construction of new dry storage
7 facilities is prohibited. Expansion of existing boat ramp or construction of new
8 boat ramps is prohibited.
10 E. If a potential boat facility site is ranked as moderate or protected because of its
11 proximity to a high use manatee area, its ranking can be increased if slow speed zones
12 are established that account for a significant portion of the expected travel route of the
13 boats using the proposed facility. In that case, the manatee criteria in the three (3) way
14 test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow
15 speed zones are not existing, the County may establish, with DEP approval, additional
16 slow speed zones in order to mitigate the proposed additional boat traffic.
17
18 F. Existing facilities and facilities which had state or federal permits prior to adoption of the
19 MPP shall be exempt from these provisions, but will be subject to all other requirements
20 of this Code.
21
22 G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the
23 interface of land and water at mean high water, as established using standard survey
24 techniques. Shoreline within County required preserves or within State and Federal
25 conservation easements which do not allow wetslips within their conservation
26 easements shall not be used in calculating the maximum allowable number of wetslips
27 pursuant to the Manatee Protection Plan, except that projects which make 50 percent or
28 more of their wetslips available for public use may request additional boat slips as a
29 Conditional Use. AnV existing or vested right with respect to wetslips shall be exempted
30 from this ordinance.
31
32
33 (Ord. No. 05 -27, § 35F)
MLAI
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1 LDC Amendment Request
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3
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6 ORIGIN: Immokalee CRA (through contract with RWA, Inc.)
7
8 AUTHOR: Robert J. Mulhere, AICP, RWA, Inc.
9
10 DEPARTMENT: Immokalee CRA
11
12 AMENDMENT CYCLE: 2009 -1 Cycle
13
14 LDC PAGE: LDC 2:40.3
15
16 LDC SECTION(S): Section 2.03.07 G Immokalee Overlay
17
18 CHANGE: The proposed amendment creates an interim process allowing for deviations from
19 various existing LDC provisions for properties located within the Immokalee Urban Area
20 through the processing procedures of the existing administrative variance process pursuant to the
21 conditions stated below or by approval of the Collier County Planning Commission in a public
22 hearing. The purpose of Section 2.03.07 G, Immokalee Overlay is "To create the Immokalee
23 Overlay District with distinct subdistricts for the purpose of establishing development criteria,
24 suitable for the unique land use needs of the Immokalee Community. "
25
26 Presently, substantial amendments to the Immokalee Area Master Plan (IAMP) are being
27 developed with specific Goals, Objectives and Polices to fulfill this purpose. Once such
28 amendments have been adopted by the Board of County Commissioners, comprehensive
29 Immokalee- centered and IAMP -based LDC amendments will be developed for inclusion in this
30 section of the LDC. It is anticipated that this process will take approximately 24 months from
31 adoption of the IAMP to complete. This amendment proposes an interim process to allow for
32 deviations from various LDC provisions for properties being improved within the Immokalee
33 Overlay District. This section is interim in nature and will be in effect for 24 months from the
34 date of adoption of this amendment and will be eliminated once the comprehensive Immokalee
35 Overlay LDC amendments have been adopted. A further extension of this interim deviation
36 process may be granted by the BCC if such extension is warranted. This section addresses the
37 specific permissible deviations, limitations thereon, and the review and approval process. This
38 interim amendment will establish a process that will allow for deviations from the various LDC
39 provisions within the existing Immokalee Urban Designated Area. The deviations will be
40 administratively reviewed and approved if they fall under certain thresholds, or otherwise will
41 require a public hearing before the CCPC. The deviations are limited to specific LDC provisions,
42 and specific evaluative criteria have been established.
43
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1 REASON: The lmutokalee CRA Advisory Board and the IMPVC advocates the creation of
2 Immokalee- specific LDRs, which will be different from those applicable in Coastal Collier
3 County. They will be consistent with and further the Goals, Objectives and Policies of the LAMP
4 and the CRA Redevelopment Plan. The primary Goal is expressed in the current draft LAMP as
5 follows:
6
7 Encourage future growth in Immokalee that will promote economic diversity and prosperity,
8 while providing adequate infrastructure and services, protecting important natural resources,
9 and promoting the creation of safe, affordable housing. The design of new development and
10 the compatibility of land uses will be important considerations in protecting and enhancing
11 quality of life in the community.
12
13 Given that this goal recognizes the importance of design as it relates to new development and
14 compatibility of land uses as essential considerations in protecting and enhancing the quality of
15 life in Immokalee, this interim deviation process has been developed to be limited in its
16 applicability and to require full consideration of the compatibility issues associated with any
17 deviation request.
18
19 FISCAL & OPERATIONAL IMPACTS:
20
21 This LDC amendment will have a fiscal impact on the County in that Community Development
22 and Environmental Services (CDES) staff time and resources are required to review and process
23 deviation requests. Given the narrow focus of the proposed interim deviation process, impacts to
24 other County departments or independent districts should be minimal.
25
26 It is anticipated that deviations will be requested on average 10 to 15 times per year.
27 CDES staff estimates that the cost to process, review and comment on administrative deviation
28 requests will not be much different than the staff time required to process and review an
29 administrative variance, the current cost of which is $1,000. The requested deviations will have
30 to be analyzed for impacts to surrounding properties and the subject site and a separate written
31 analysis and conclusion will have to be drafted with respect to the approval or denial of a
32 deviation. Staff can monitor the time and probably should as multiple deviations could be
33 considered under one application thus necessitating additional staff review time. Any that are
34 required to go to the CCPC for approval will incur costs currently associated with a dimensional
35 variance petition which is currently CDES application costs of $5,000 and the costs of required
36 advertising.
37
38 RELATED CODES OR REGULATIONS: None.
39
40 GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment is consistent with the
41 Collier County GMP (including the IAMP).
42
43 OTHER NOTESNERSION DATE: March 11, 2010; April 26,2010; April 28,2010; May 12,
44 2010.
45
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2.03.07 Overlay Zoning Districts
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps Map -4 below.
A -MIN
IMMOKALEE OVERLAY DISTRICT
! -1
t� R
(Replace Existing Immokalee Overlay Map with the following two maps]
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k
uaato_ _
p�
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t� R
(Replace Existing Immokalee Overlay Map with the following two maps]
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2
LAKE
TRAFFORD
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IMMOKALEE URBAN AREA OVERLAY
WEST HALF
A MHO
A -MHO
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z IMMOKALEE URBAN AREA OVERLAY
— EAST HALF
U
ti
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Puo ' IMMOKALEE REGIONAL
i AIRPORT
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7. Interim Deviations: Property owners within the Immokalee Urban Overlay District
may request deviations from specific dimensional requirements as described in
this section. A deviation request may be reviewed administratively or by the
Planning Commission depending upon its scope. This section addresses the
permissible deviations limitations thereon and the review process.
11
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1 a. Review Process. Insubstantial deviations will be reviewed administratively
2 by the County Manager or designee. Substantial deviations will be
3 reviewed by the Planning Commission. This section is not intended to
4 replace the current established process of requesting deviations through
5 the PUD rezoning process. Any deviations from the LDC which are not
6 expressly provided for in this section shall be processed as variances in
7 accordance with Section 9.04.00 of the LDC.
9 b. Concurrent Deviation Application required. All deviation requests shall be
10 made concurrently with an application for an SDP or amendment, SIP or
11 amendment or Final Subdivision Plat, or in the case of sign deviations,
12 with a building permit. The applicant shall list all requested deviations
13 on the required site plan(s), and shall depict the deviation(s) graphically
14 on the plan(s). Additional graphic information may also be required by
15 staff, on a case -by case basis.
10
17
C. Insubstantial Deviations. Requested deviations that do not exceed 10
18
percent of the required dimension, amount, size, or other applicable
19
dimensional standard, with the exception of the required number of
20
parking spaces, which may not exceed 20 percent of the LDC
21
requirement (not more than 10 spaces), are — insubstantial. To be
22
approved, the following criteria must be considered:
23
24
i. The proposed deviation is compatible with adjacent land uses
25
and structures, achieves the requirements of the regulations as
26
closely as is practicable, and meets the intent of the related Land
27
Development Code regulations; and
28
29
ii. The applicant proposes equitable tradeoffs for the proposed
30
diminution in development standards, such as increased open
31
space, landscaping, pedestrian spaces, buffering or architectural
32
features, in order to meet the intent of the regulation being
33
diminished.
34
35
d. Substantial Deviations. Requested deviations that do not qualify as
36
insubstantial deviations are substantial deviations:
37
38
i. Considerations for Review and Approval: The CCPC shall
39
consider the following:
40
41
a). Whether or not the proposed deviation is compatible with
42
adjacent land uses and achieves the requirements and /or
43
intent of the regulations as closely as is practicable; and
44
45
b). Whether the proposed deviation is the minimum amount
46
necessary to allow for reasonable use of the propert y
47
and /or address the issue necessitating the deviation
48
request; and
49
50
c). Whether the reduced or increased standard requested by
51
the deviation is mitigated for. either on the subiect site or
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1 by providing a public benefit on the subject site. Examples
2 of such on -site mitigation include but are not limited to:
3 increasing setbacks from the adjacent road right -of -way
4 when proposing to deviate from sign size limitations; — -
5 increasing plantings or planting sizes or installing a fence
6 or wall where a reduced buffer width is proposed;
7 providing public pedestrian and /or bicycle pathway
8 easements or other similar mobility improvements
9 including transit enhancements; providing public parking;
10 providing beautification in the public realm, including
11 street trees, street furniture, lighting and other similar
12 public benefits.
13
14 e. Applicability — List of Development Standards Eligible for Deviation
15 Requests. Property owners shall be eligible to seek a deviation from the
16 dimensional requirements of the following Code provisions unless
17 otherwise noted.
18
19 i. 2.03.01 Agricultural Zoning Districts, limited to subsection
20 A.1. b.4. ii.
21
22 J. 2.03.03 Commercial Zoning Districts, limited to the following
23 subsections:
24 a) A.1.c.11.vii. limited to a maximum of three stories. viii.
25 and ix.; and
26 b) E.1.c.4.iv.
27
28 iii. 2.03.04 Industrial Zoning Districts, limited to subsection
29 A.1.c.2.iv., minimum lot area only.
30
31 iv. 3.05.07 B.1 Preservation Standards, Specific Standards
32 Applicable Outside the RMFU and RLSA districts. Required
33 Preservation Percentages (Table 1 inset).
34
35 V. 4.02.01 A Dimensional Standards for Principal Uses in Base
36 Zoning Districts:
37
38 a) Table 1. Lot Design Requirements for Principal_Uses in
39 Base Zoning Districts:
40
41 b) Table 2. Building Dimension Standards for Principal
42 Uses in Base Zoning Districts, excluding building height
43 and in the case of commercial parcels, no deviation shall
44 be granted, for new development, from the required 50-
45 foot building setback when abutting residentially zoned
46 properties, or from the minimum 10 -foot wide landscaped
47 strip between the abutting road right -of -way and the off -
48 street parking area for new development, but deviations
49 from these requirements may be considered in the case of
50 redevelopment where existing structures and /or
51 encroachments are proposed to remain;
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2
c) Table 2.1 - Table Of Minimum Yard Requirements
3
(Setbacks) for Base Zoning Districts-
4
5
vi.
4.02.02 Dimensional Standards for Conditional Uses and
6
Accessory Uses in Base Zoning Districts, limited to subsection E
7
(Table Inset), except building height.
8
9
vii.
4.02.03 A Specific Standards for Location of Accessory
10
Buildings and Structures, Dimensional Standards (Tables 3 and
11
4), except that in the case of new development on commercial
12
parcels, no deviation shall be granted from the required 50 -foot
13
building setback when abutting residentially zoned properties,
14
or from the minimum 10 -foot wide landscaped strip between the
15
abutting road right -of -way and the off - street parking area.
16
Deviations from these requirements may be considered in the
17
case of redevelopment where existing structures and /or
18
encroachments are proposed to remain.
19
20
viii.
4.02.03 B Accessory Building Lot Coverage.
21
22
ix.
4.02.27 C Specific Design Standards for the Immokalee- -State
23
Road 29A Commercial Overlay Subdistrict, Building Design
24
Standards.
25
26
X.
4.02.28 A Same -- Jefferson Avenue Commercial Overlay
27
Subdistrict, Building Design Standards.
28
29
xi.
4.02.29 A Same - -Farm Market Overlay Subdistrict, Dimensional
30
Standards.
31
32
xii.
4.02.32 Same - -Main Street Overlay Subdistrict, limited to the
33
following subsections: A.; C.1; D.3 and DA; and E.1, E.2, and E.3.
34
35
xiii.
4.05.04 H (Spaces Required) Table 17 and 4.05.06 B Loading
36
Space Requirements, utilizing the existing administrative deviation
37
process set forth in LDC Section 4.05.04 G.2., recognizing that
38
the reduced need for off - street parking in Immokalee may be
39
offered as a viable basis for such administrative deviation.
40
41
xiv.
4.06.02 C Buffer Requirements (limited to required width) except
42
that in the case of new development on commercial parcels, no
43
deviation shall be granted from the required 50 -foot building
44
setback when abutting residentially zoned properties, or from the
45
minimum 10 -foot wide landscaped strip between the abutting
46
road right -of -way and the off - street parking area. Deviations
47
from these requirements may be considered in the case of
48
redevelopment where existing structures and /or encroachments
49
are proposed to remain.
50
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1 xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas
2 and Rights -of -Way. Standards for Landscaping in Vehicular Use
3 Areas.
4
5 xvi. 4.06.05 B General Landscaping Requirements, Landscaping
6 requirements for industrial and commercial development limited
7 to subsection B.3.
8
9 xvii. 4.06.05 C General Landscaping Requirements Building
10 Foundation Planting Requirements (including Table Inset).
11
12 xviii. 5.05.08 C Architectural and Site Design Standards, Building
13 Design Standards. Deviations from non - dimensional provisions of
14 this section are also allowed as substantial deviations.
15
16 xix. 5.05.08 D Design Standards for Specific Uses. Deviations from
17 non - dimensional provisions of this section are also allowed as
18 substantial deviations.
19
20 xx. 5.05.08 E Architectural and Site Design Standards, Site Design
21 Standards, limited to subsections 1.b; 2' 3; 4; 5 and 7. Deviations
22 from non - dimensional provisions of this section are also allowed
23 as substantial deviations. Note: Nothing in LDC Section 5.05.08
24 Architectural and Site Design Standards shall be deemed to
25 prohibit the use of murals on exterior walls of commercial
26 buildings in the Immokalee Urban Overlay District provided that:
27 1) such murals are reviewed and accepted by the Collier County
28 Redevelopment Agency staff' and 2) such murals do not contain
29 text for the purpose of advertising any business or commercial
30 activity.
31
32 xxi. 5.06.04 Development Standards for Signs in Nonresidential
33 Districts, limited to subsection F.
34
35
36 f. Duration of these provisions. These provisions are interim in nature and
37 will be in effect until the earlier of either the effective date of the
38 Comprehensive Immokalee Overlay LDC amendments or 24 months
39 from [the effective date of this ordinancel. An extension of these
40 provisions may be granted by the BCC by Resolution if the BCC deems
41 an extension is warranted.
42
43 g. Public Notice. Public notice, including signage notice to property owners
44 and an advertised public hearing is required for substantial deviation
45 requests and shall be provided in accordance with the applicable
46 provisions of Section 10.03.05 B, for Variances.
47
48 h. Appeals. Within 30 days of the issuance of the decision of staff or of the
49 CCPC, the owner or any aggrieved person may appeal the decision to
50 the Board of Zoning Appeals pursuant to Section No. 250 -58 of the
51 Codes of Laws and Ordinances.
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LDC Amendment Request
ORIGIN: BCC - Directed
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AUTHOR: Amy Patterson and Nick Casalinguida
DEPARTMENT: Business Management & Budget /ODES and Transportation Planning
AMENDMENT CYCLE: 2009, Cycle 1
LDC PAGE: LDC10:100 -124
LDC SECTION(S): 10.02.07 C. Submittal Requirements for Certificates of Public Facility
Adequacy
CHANGE: Currently payment provisions for issuance of a Certificate of Public Facility
Adequacy of 50% of the estimated transportation impact fees are being paid upon approval of a
final local development order with the balance of the fees due in three years; changing to 20%
payment of the estimated transportation impact fees each year for five years.
REASON: To comply with Ordinance Amendment 2009 -09 adopted by the BCC on March
10, 2009.
FISCAL & OPERATIONAL IMPACTS: The provisions may provide additional stability to
the revenue structure as applicants are able to make smaller upfront payments over the five year
period and may be encouraged to pay for their Certificate of Adequate Public Facility (COA)
rather than foregoing the project and allowing their COA to expire.
RELATED CODES OR REGULATIONS: Code of Laws and Ordinances Section 74 -302
GROWTH MANAGEMENT PLAN IMPACT: The provisions to allow the payment of the
required upfront road impact fees in five (5) annual equal payments to obtain or extend a COA
would maintain the integrity of the Capital Improvement Element but may require a rebalancing
of the schedule.
OTHER NOTES /VERSION DATE: July 1, 2009. Revised 9/24/09,5/12/2010.
Amend the LDC as follows:
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
17
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2
3 C. Certificate of public facility adequacy.
4
5 1. General.
6
7 a. A ce t;f;sate of publie facility adequacy (COA)— shall— be - -issued
8
9 development order, At the time a GeFtifiGate ef pubk facility adeqUaGy is
10 0ss ue.d fifty nernnnt of the eotirnate.d trap Ftati impaGt fees must be
11 paid iRtO the applioable trust fund pursuant to 10.Oi.0-�� and -SuGh
12 Funds will be immediately available Fnr a rn FiatiGn Ie impleMeRt Gap; I
13 road faG lity imppevements,
14
15 a. Payment of road impact fees to obtain a certificate of adequate public
16 facilities.
17
18 i. A five -year temporary certificate of public facility adequacy (COA)
19 shall be issued concurrent with the approval of the next to occur
20 final local development order. At the time a temporary certificate
21 of public facility adequacy is issued 20% of the estimated
22 payment based on the impact fee rate in effect at the time of the
23 pre - approval letter will be due and deposited into the applicable
24 impact fee trust fund. The funds will then be immediately available
25 for appropriation by the Board of County Commissioners for
26 transportation capital improvements, except that for those non -
27 residential (i.e., typically commercial or industrial) developments
28 otherwise required to obtain approval of an SDP prior to the
29 issuance of a building permit, applicants for a final subdivision
30 plat may elect to:
31
32 al comply with the applicable regulations of this section as to
33 1 or more of the lot(s) of the FSP and obtain a COA
34 specifically for just that lot or lots at a specified intensity of
35 development; or
36
37 ii- M delay submitting a TIS and obtaining a COA for all of the
38 proposed lots, or just those remaining lots not then already
39 complying with this section, until a required SDP is applied
40 for and the terms of this section are then complied with
41 including payment of estimated transportation impact fees.
42
43 The subject development is not allocated any available road
44 system capacity or considered eligible to be vested for
45 transportation concurrency purposes, however, until approval of
46 a TIS, payment of 50% estimated Transportation Impact Fees in
47 accordance with this subsection and issuance of a COA in
48 accordance with Chapters 3, 6, and 10 of this Code and Rule 9J-
49 560055, F.A.C.
50
51 Final calculation of impact fees due will be based on the intensitv
iK"
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1 of development actually permitted for construction and the
2 impact fee schedule in effect at the time of the building permit(s)
3 application such that additional impact fees may be due prior to
8
ii. Impact fees for all other Category "A" capital improvements will be
9
paid at the time of issuance of building permits at the rate then
10
currently applicable.
11
12
iii. At the time a temporary COA is issued and the first 20% of the
13
estimated payment is paid the applicant will deposit with the
14
County sufficient security, the form of which has been approved
15
by the Board of County Commissioners, for a term of four years,
16
in an amount equal to the 20% payment.
17
18
iv. Upon payment of 100% of the estimated impact fees, the
19
certificate will be issued in perpetuity and the dedicated security
20
will be released. No further advance payments will be due once
21
actual road impact fees are paid equal to the initial estimated
2.2
impact fees.
23
24
V. Once the initial 20% of the estimated payment has been paid, the
25
security has been deposited with the County, and a temporary
26
COA has been issued failure to submit the remaining additional
27
installments in accordance with the provisions of this subsection
28
shall result in the following:
29
30
a) Upon failure to cure following 10 days written demand, the
31
County will exercise its payment rights to the dedicated
32
security: and
33
34
b) The matter will be referred to the Board of County
35
Commissioners for review. Absent the Board finding
36
exceptional circumstances the temporary certificate of
37
public facility adequacy shall be revoked.
38
39
40
vi. For those developments that have secured a three -year COA, in
41
order to extend the vesting period for an additional five years, the
42
balance of the estimated transportation impact fees, based on the
43
impact fee rate in effect at the time of the pre - approval letter,
44
must be paid in five additional annual installments of 20% with the
45
first payment being made prior to the expiration date of the three-
46
year certificate. For those developments that have secured a
47
three -year certificate that has expired, in order to extend the
48
vesting period for an additional five Vears the balance of
49
estimated transportation impact fees based on the impact fee rate
50
in effect at the time of the pre - approval letter must be paid in five
51
additional annual installments of 20 %, with the first payment being
19
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1
made within 30 days of the effective date of this Ordinance. At the
2
time the first 20% of the estimated payment is paid the applicant
3
will deposit with the County sufficient security, the form of which
4
has been approved by the Board of County Commissioners for a
5
term of four years, in an amount equal to the 20% payment. Upon
6
payment of 100% of the balance of the estimated impact fees the
7
certificate will be issued in perpetuity and the dedicated security
8
will be released. No further advance payments will be due once
9
actual road impact fees are paid equal to the balance of the
10
estimated transportation impact fees. Once the first additional
11
annual installment has been paid the security has been deposited
12
with the County, and a temporary COA has been issued failure to
13
submit payment in accordance with the provisions of this
14
subsection shall result in the following:
15
16
a) Upon failure to cure following 10 days written demand the
17
County will exercise its payment rights to the dedicated
18
security: and
19
20
b) The matter will be referred to the Board of County
21
Commissioners for review. Absent the Board finding
22
exceptional circumstances, the temporary certificate of
23
public facility adequacy shall be revoked.
24
25
vii. Offsets for road impact fees assessed to building permits for
26
impact fees paid in accordance with this subsection as well as
27
any remaining balance of payments related to the original three -
28
year certificate, will be applied equally to the new or remaining
29
units or square footage and will run with the subject land.
30
31
viii. This provision is to be read in conjunction with section 74- 302(h)
32
of the Collier County Code of Laws and Ordinances.
33
34
x
35
36
C. Where the proposed development has been issued final subdivision
37
plat approval or final site development plan approval pne to the
38
39
effective date of this sestien, ii.e., en or abewt NevembeF 3, 1993, a
certificate of public facility adequacy shall be obtained prior to approval of
40
the next development order required for the proposed development.
41
42
d. Est mated tpaRspertatiaR mpart fees for a development shall be paid
43
iRta the n liGable aGt fee trust fund 'n the R t' at J tM be
44
due UPOR of the fir-al le al development order(s) f the
45
46
adequaGy fGF the development.
47
48
ne elopmer.ts that have a d estimated , IMPaGt fees fE)F all Gategery "
49
fo..11lties pFier to CehrwaFy R 2003 nd :.ghlg � P -,IPnt to w,,,��thL
50
as
pr °1r SiOR6 .of this : t, o,. vy t of estimated impact fees
51
into the - ....J'rohle tr;.....mnr1M' r.......d f..p tr t flind h Fhnt
20
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I previously paid estimates may be applied as a GFedit towards the impact
_
2003, shall be
aGGE)FnpaRmed by the F-i-irrend-er of the GFi9iRaI certificate of publiG facility
i
• -'
11 to Februwy 6, 2003, in aGG9FdaRGe with the applicable consolidAtp-d
12 rnpaGt f8e Fegulations in Chapter 74 of thp C:Ade of Laws and
13 O-Rdinwnc:PF; shall be F8fWRdable pursuant to the PFeViGiGR6 of such
Feg6latiGR6 upon wFitteR Feque6t to the Finance DireGtGF, _
15
16
e: d. Assessment and application of transportation impact fees and surrender
17
of certificate of public facility adequacy. `^ 4WR 90 .teas of written
18
aetificatier -Upon notice by facsimile or other approved electronic format
19
that an application for a final local development order and a certificate
20
has-have been approved and ^ ne'f f n^te ss ed ^r prior to expiration of
21
the temporary, 1 -year capacity reservation previously secured by the
22
applicant upon the County's acceptance of the TIS pursuant to section
23
10.02.07 CA.f., pFovided said n t„ r e ,^tiep has m e thpp on
24
days r .. aini^a ..,h'nheyer of the 2 occurs Liter an applicant may pick
25
up the certificate upon payment of 112 (fin ^er ^e ^t` Df the estimated
26
transportation impact fees due in accordance with section 10.02.07
27
C.1 .a . Such estimates shall be based on the currently approved
28
transportation impact fee rate schedule. If the certificate is not picked up
29
within the timeline set forth above and the applicable estimated
30
transportation impact fees paid, the application will be deemed denied
31
and the appliGant must enter the application PFOGess from the
32
beginniRg. certificate will be voided. In such a case the applicant shall
33
then be required to applV for an extension of the capacity reservation in
34
accordance with section 10.02.07 CAA. If the size of the residential units
35
is not known at the time of payment, the tTransportation impact fees for
36
residential development will be estimated using the fee based on the
37
le the ,��'ela� qualifies
mid -range housing size;_�.;,�ss n,� —;e �Qa....�� —aa
38
im-ming nffGFdable housing estimated transportation
affei.••lvw:°—
39
impaGt fees shall he based the limitations for
_.. ..__. –affordable
40
41
Additionally, developments
appliGatiOR. previously Vested may, p61rsL4aRt
42
ta spnfign 10 02 07 C 1 °lent to hpae PsGrAwpel fees p plied n psi the
43
V2 of enti mat.° t e; ation fees. Payment of
(50 peFGeRt) n rnpaGt
44
fer h the neFt Poete
thpse fees gists the development ^ t tlemept ...h
45
46
p rs tp the rep rem n p
vets _f thin section prior to the eprl
relinquished aRt ,,
ti
47
the thiFd neap the initial imam fee The 'p'Fpl 50 pernept
aper
Gf payment
48
iMpaGt fee pp„mept ;° Road impact fees paid to obtain a certificate of
49
adequate public facilities are non - refundable after payment and receipt of
50
the certificate of public facility adequacy certificate.
51
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r' ethrn gh 'n ent InN to be Are . tAd
.... may... .,......��. .ten. .., .... .,..�..
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1 Not later than 45 days prior to the due date of the next to occur annual
2 installment for certificates issued subsequent to the effective date of this
3 amendment, or nNot later than 90 days prior to the expiration of the 3
4 year period for sash -- certificates issued prior to the effective date of this
5 amendment, the county shall notify the nertiflrate holder via reg sLte;e-I
6 then current owner via certified mail of the amount due calculated in
7 accordance with section 10.02.07 C.1.a. �alanc� d ° far th.,
��a
8 estimated transpertatiOR imparA fees n !e 60 nemo + h. a OR the I
9 of building permits already issued. The halan f !h V FRPaGt fees due
10 will be . IG61lated at the Fatesehedule then surrently applisable. she
11 m ay o develo..Y�. per eleet t pay the bal�,w Af Lhe estimated L a rt ti
„ p..
12 „ n,paGt fees For the eRtitIPFnPnw for 1. ' h applies GF modify
13 thp .,pr f.,...t,. to R IeSSPF PRtitlPMRRt PIRCI ARIGI ";;tp- the h I F the
14 trap nertat'o i aGt fees on the revised entitlements Thp, nizirtifirntp- of
15
16 for wh'sh the — estimated transpertatien impaGt fees —are Pmd: he
17 vY n date ate For the F8MaiRiRg, Y to 50 Ye + , ba1aRGe of the
18
19
20 26 PFOv de,d in vo!'nn 111 02 07 r 1 of this Code, Il lat hack to the
21 date Of ..,..... RGe of the , iRal Gert finates O !h h I of the
22 estimated ! r+ !' impaGt fees are paid, those estimatad fBal; are
23
24
25 , aGt fees have been paid . As building permits area a down. the
26 entitlements, the as! mated trap vpvr Ftatie iFnpaGt fees al ad .d ' shall
27 he debited at the rate of Lhe .npaGt fees ff GL at Lh +' of +'I' F r
28 If the estimated transportation impact fee account becomes depleted, the
29 developer shall pay the currently applicable transportation impact fee for
30 each building permit in full prior to its issuance. In the event that upon
31 build -out of the development estimated transportation impact fees are
32 still unspent, the remaining balance of such estimated fees may be
33 transferred to another approved project within the same, or adjacent,
34 transportation impact fee district, provided any vested entitlements
35 associated with the unspent and transferred transportation impact fees
36 are relinquished and the certificate of public facility adequacy is modified
37 to delete those entitlements.
38
39 2. Rules of general applicability for certificate of public facility adequacy.
40 Certificates of public adequacy issued for roads under section 10.02.07 C.1. of
41 this Code will remain in effect until the expiration date of the certificate
42 subsequent to the [effective date of this amendment] Will Fun in
43 perpetuity provided provisions of subsection 10.02.07 CA.e d. of this Code are
44 met and that annual mid -year monitoring reports are filed which comply with
45 section 10.02.07 C.I. of this Code and all developer requirements established
46 during zoning or as part of a developer contribution agreement are completed or
47 are being constructed consistent with the current development infrastructure
48 improvement construction commitment schedule.
49
50 a. Timing. An application for a certificate of public facility adequacy may
51 only be submitted as part of an application for a final local development
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1 order subject to section 10.02.07 C.1. of this Code.
2
3 b. Impact Fees. A complete application for a certificate of public facility
4 adequacy will include the calculation of the total amount of transportation
5 impact fees estimated to be due by the applicant on the development
6 for which a final local development order application has been
7 submitted. Impact fee calculations will be reviewed and the amount
8 estimated to be paid pursuant to section 10.02.07 C.1.e:d. of this Code
9 finally determined by the impact fee coordinator. One half (50 P8FG8Rt) 0
10 the estimated pa ^ ° ^' Payment in accordance with Section C.1-a. will be
11 due at the time of notification of approval of the final local development
12 order and will be deposited into the applicable impact fee trust fund and
13 will be immediately available for appropriation by the Board of County
14 Commissioners for transportation capital improvements. Final calculation
15 of impact fees due will be based on the intensity of development actually
16 permitted for construction and the impact fee schedule in °ff°^' at the
17 time of the ..,..__.._e of building peen t &` rate then currently applicable;
18 such that additional impact fees may be due prior to issuance of the
19 building permit(s). The balance of transportation impact fees shall be
20 due as provided for in section 10.02.07 C.1 of this Code.
21
22 C. Consolidated application. A final local development order shall receive
23 final approval only to the extent to which the proposed development
24 receives a certificate of public facility adequacy. The application for a
25 certificate of public facility adequacy may only be submitted with an
26 application for final local development order approval, where
27 appropriate under this section. An application for a certificate of public
28 facility adequacy will receive final approval and a certificate will be issued
29 concurrently with approval of a final local development order as set
30 forth in section 10.02.07 C.1.e d. of this Code.
31
32 d. Assignability and transferability. An approved certificate of public facility
33 adequacy shall run with the land associated with the corresponding
34 development approval, and shall be assignable within the corresponding
35 land of the approved development, and shall not be assignable or
36 transferable to other development, except as may otherwise be provided
37 for under an approved development agreement. This provision does not
38 preclude the re- allocation of capacity between lots or parcels comprising
39 the land that is the subject of the same consolidated application for
40 development approval so long as the original certificate is surrendered
41 along with a written request by the then current owner to re- allocate no
42 more than that certificate's previously approved capacity in a re- issued
43 certificate.
44
45 e. Expiration. A certificate of public facility adequacy for "Category A"
46 facilities, except roads, shall expire 3 years from the date of its approval
47 except to the extent that building permits have been issued for the
48 proposed development for which the certificate is approved or a final
49 subdivision plat has been approved and recorded, and the proposed
50 development is then completed pursuant to the terms of the Collier
51 County Building Code or as provided in section 10.02.07 C.1. of this
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1 Code, refund of impact fees, except for certificates issued pursuant to
2 section 10.02.07 C.1. of this Code, will be subject to the provisions of the
3 consolidated impact fee trust fund ordinance. The expiration date of a re-
4 - issued certificate re- allocating capacity to different lots or parcels in the
5 same development will relate back to, and be calculated from, the original
6 certificate's date of issuance.
8
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11
12
13
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For large developments as indicated below, a 5 year certificate of
public facility adequacy for "Category A" facilities, except roads,
may be obtained provided the developer enters into an
enforceable development agreement with the county.
Developments comprised of more than 500 residential dwelling
units, or a phased increment of development comprised of more
than 150 residential dwelling units, or a commercial /industrial
development of more than 100,000 square feet of gross leasable
area is considered to be a large development. A certificate of
public facility adequacy for a large development shall expire 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.
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. Application for
approval of a certificate of public facility adequacy for subsequent or
continuing development once a certificate has expired shall be based on
public facility availability at the time of the new application. Under no
circumstances shall a certificate of public facility adequacy be
automatically renewed.
Effect of development agreement in conjunction with a certificate of public facility
adequacy. Upon approval by the Board of County Commissioners, any applicant
shall enter into an enforceable development agreement with Collier County
pursuant to the provisions of F.S. §§ 163.3220 -- 163.3242 or other agreement
acceptable to the Board of County Commissioners, 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
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Text underlined is new tent to be added.
TnN st kethre nA is n not tp;d to be dp ptpd
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of the development occur on the public facilities.
4. Procedure for review of application.
a. Submission of applications and fees. The application for a certificate of public
facility adequacy for road facilities only shall be submitted in duplicate to the
Community Development and Environmental Services Division Administrator.
Such applications shall be submitted at the filing for the next final local
development order as specifically provided for under section 10.02.07 C.1. All
other applications for a certificate (i.e., except for road facilities) shall be
submitted at building permit application aleng -wit# and final payment for any
impact fees owed, including any road impact fees-, will be due prior to building
permit issuance. Application fees in an amount to be determined by the Board of
County Commissioners shall accompany and be part of the applications.
e. Approval of certificate; payment for, and cancellation of certificates. Upon
notification by facsimile by the Community Development and
Environmental Services Division Administrator or hisBesignee and the
Transportation Services Division Administrator or his- designee, that an
application for a certificate of public facility adequacy for road facilities
has been approved, „r' (60 ^°.ce ^t) of the ectimatpel transportation
impact fees shall be paid in accordance with section CA.a. If the
applicant does not pick up the certificate and pay all applicable
transportation impact fees prior
to expiration of the temporary 1 -year capacity reservation previously
secured by the applicant upon the County's acceptance of the TIS
pursuant to section 10.02.07 C.4.f., the certificate will be voided. In such
a case, the applicant shall then be required to apply for an extension
;ssuanGe of a new the capacity reservation se# +fixate -in accordance with
section 10.02.07 C.4.f. All Collier County impact fees are due and
payable at building permit issuance based on the applicable rate
structure in effect at the time the building permit application is submitted
at that tome.
Traffic Capacity Reservation for all or part of the proposed development
may be approved and secured at application pending approval of the final
sub - division plat, site development plan or building permit upon
acceptance of the TIS by the Transportation Administrator as part of a
complete Application Request (AR) deemed sufficient for review for the
proposed development by the CDES Division. The Transportation
Administrator will notify the applicant of any traffic capacity reservation
via facsimile per section 10.02.07 C.4.c. Traffic capacity reservations will
be awarded to the development upon: approval of the COA and final
development order per section 10.02.07 C.4.e. payment of road impact
fees in accordance with section 10.02.07 CA.a. and 10.02.07 C.4.e., and
Proportionate Share Payment, if applicable, in accordance with section
6.02.01. Traffic capacity reservations approved under this section will
expire in 1 year, from TIS approval and determination of available
capacity, unless the final local development order for the development
is approved, or the Board approves an extension to the 1 year time
period.
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ORDINANCE NO. 2009. 09 6X
N Si "
q�C RDI14ANCE OF THE BOARD OF COUNTY COMMISSIONERS
F[ `Q LLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE"F�
nitto 6 COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT
ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED ^i ": Os
IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED, PROVIDING
FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE
STUDY ENTITLED "COLLIER COUNTY TRANSPORTATION IMPACT
FEE UPDATE STUDY'; AMENDING THE ROAD IMPACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, AS SET
FORTH IN THE IMPACT FEE PDATE STUDY; UPDATING THE
GENERAL DEFINITIONS SECTION; PROVIDING FOR REMOVAL OF
OBSOLETE LANGUAGE RELATED TO THE PROVISIONS FOR
REIMBURSEMENT OF IMPACT FEES WITHIN FOUR YEARS OF
PAYMENT; PROVIDING FOR THE REMOVAL OF AN OBSOLETE
REFERENCE TO THE "EDUCATIONAL IMPACT FEE TRUST FUND ";
PROVIDING FOR REMOVAL OF AN OBSOLETE REFERENCE TO
THE "DIRECTOR OF FINANCIAL ADMINISTRATION AND
HOUSING "; PROVIDING FOR THE INCLUSION OF PROVISIONS
RELATED TO OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC
FACULTIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
A DELAYED EFFECTIVE DALE OF JUNE 8, 2009,
WHEREAS, Collier County has used impact fees as a funding source for growth - related
capital improvements for transportation since 1985; and
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted
Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code "); and
WHEREAS, on April 25, 2006, the Board adopted Ordinance No. 2006 -19, thereby
amending Schedule One of Appendix A of Chapter 74 of the Code, and establishing the
County's then current Road Impact Fee rates; and
WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007 -57 incorporating
the "Collier County Impact Fee Indexing Study" through which Road Impact Fee were indexed
in accordance with the prescribed methodology, thereby establishing the rates that are currently
in effect; and
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WHEREAS, as Section 74 -502 of the Code states that impact, fee studies should be
reviewed at least every three years, the County retained Tindale- Oliver and Associates,
Incorporated (the "Consultant'), to review the existing Road Impact Fees and recommend
changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County
Transportation Impact Fee Update Study," dated February 19, 2009 (the "Study'); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to the Road Impact Fee rate schedule, as
set forth in Schedule One of Appendix "A" of Chapter 74 of the Collier County Code of Laws
and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed impact fee rates in
order to equitably distribute the costs of acquiring and constructing public facilities based upon a
rational nexus relating costs incurred by fee payers to infrastructure impacts created by
commercial and residential land uses; and
WHEREAS, on February 10, 2009, the Board of County Commissioners directed that
the provisions related to the upfront payment of road impact fees to obtain or extend a Certificate
of Adequate Public Facilities be amended . to allow for payments over a five -year period and
therefore such language has been included in this Ordinance consistent with that direction; and
WHEREAS, this Ordinance also updates the general definitions provided for in Section
74 -108 of Chapter 74 of the Collier County Code of Laws and Ordinances for consistency with
the updated Study and rate schedule and removes obsolete provisions related to the
reimbursement of impact fees, an obsolete reference to the Director of the Financial
Administration and Housing Department and an obsolete reference to the Educational Impact
Fee Trust Fund; and
WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies
that will be imposed in an equitable and non - discriminatory manner; and
WHEREAS, Section 163.3180 1, Florida Statutes, which is the Florida Impact Fee Act,
requires the most recent and localized data be used in impact fee calculations and this study
complies with that requirement; and -
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WHEREAS, the study methodology has been reviewed and approved by Collier
County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with
the recommended changes to the Road Impact Fee rate schedule, and recommends that the Board
of County Commissioners adopt this Ordinance to implement the recommended changes,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74 -106, Adoption of impact fee studies, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -106. Adoption of impact fee studies.
(1) Transportation facilities: "Collier County Transportation Impact Fee Update
Study," prepared by Tindale- Oliver and Associates, Incorporated (ApFil --1806
February 19 20 09)
SECTION TWO. Article 1, General, Section 74 -108, General definitions, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -108. General definitions.
When used in this chapter, the following terms shall have the following meanings, unless
the context clearly indicates otherwise. Terms contained in article III or the rate schedules
supercede these general definitions to the extent of any conflict(s).
Access improvements shall mean improvements designed and constructed to provide safe
and adequate ingress and/or egress to and /or from the respective development, which
include, but are not limited to, rights -of -way, easements, paving of adjacent or connecting
roadways, turn lanes; deceleration and/or acceleration lanes, traffic control devices,
signage and markings, drainage facilities, and utility facilities. An access improvement is
a site related improvement.
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All suites hotel shall mean Places of lodging that provide steeping accommodations,a
small restaurant and lounge and a small amount of meeting space Each suite includes a
bedroom a sitting room and /or limited kitchen facilities may be provided within the
suite.
Automated car wash shall mean a use that allows for the mechanical cleaninp of the
exterior of vehicles. Manual cleaning and car detailing may also take place at these
facilities.
Ban shall mean a space where a vehicle can be serviced.
Boat berth shall mean a wet or dry space to dock or store vessels
Condominium shall mean an single flunily or time sh ;ng ownership unit that has at least
one other similar owned unit within the same building structure.
Dance studio /gym shall .mean privately owned facilities that offer dance gymnastics,
ballet or similar activity classes.
Elementary school (private) shall mean a school typically serving students attending
kindergarten through the fifth or sixth grade. Elementary schools are usually centrally
located in residential communities in order to facilitate student access, and they have no
student drivers. This land use consists of pubhe private schools where bus service is
usually provided to students living beyond a specified distance from the school.
Fueling Position shall mean the number of vehicles that can be fueled simultaneously at a
service station.
storage areas.
Fxaaeral-- industti9l %tnd
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General light industrial shall mean facilities that generally employ fewer than so0
persons They have an emphasis on activities other than manufacturing and twically
have minimal offices ace. T ical light industrial activities include printing, material
testing and assembly of data processing equipment
Medical office shall mean
heakh minted .::Yuue„t .lint s :idental ._ ...h .ca_.. hledieel AffiAn uses shall
Ae- nedisa{
pfiletitienees,
..h'_h ape Feguiated by he eh.um of tet ,_ c d, ffice space that provides
diagnoses and outpatient care on a routine basis generally operated by one or more
private physicians or dentists.
Impact fee rate shall mean the formula or calculation that when applied to the respective
development determines the applicable impact fee that results because of the impacts
deemed by this chapter to be applicable to tilt respective public facility caused by
particular development. Impact fees are assessed using the rates in effect when the
building permit application is submitted.
area shall mean actual square footage of the housing unit h' ., _,,,,t.. b„—a,r
Luzurv_ auto sales shall mean a dealership that sells high -end luxury vehicles such as
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Mobile home shall mean a detached dwelling unit with all of the following
characteristics; (a) designed for occupancy and containing sleeping accommodations, a
flush toilet, a tub or shower and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems; (b) designed for transportation
after fabrication on streets or highways on its own wheels; and (c) arriving at the site
where it is to be occupied as a dwelling complete, including major appliances and
furniture, and ready for occupancy except for minor and incidental unpacking and
assembly operations, location on jacks or other temporary or permanent foundations,
connection to utilities and the like. Although a travel trailer, recreational vehicle, or park
model is not generally considered a mobile home, the applicable impact fee in some
instances may be the same as for a mobile home. For the purposes of computing the
impact fee, a mobile home on a single - family lot (i.e., not located in a mobile home or
similar park) shall be considered a single- family detached house for the ourooses of
assessing Road Impact Fees.
Multiple family dwelling units shall mean apartments that are rental dwelling units
five
apaElffients. it may ins!
fsliam
(3) For the purpose of calculating water and/or sewer impact fee, the following
shall be considered to be multiple family dwelling units: guesthouse, servants,
quarters, in -law apartment, townhouse and adult congregate living facility.
Restaurant (law-- nH9never ualit shall mean a land use consisting of eating
establishments of high quality and with turnover rates usually of at least one hour or
longer. Generally, quality restaurants do not serve breakfast; some do not serve lunch; all
serve dinner. Often the restaurants in this land use are not a chain and reservations are
required.
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health clubs. Shopping centers. in addition to the integrated unit of shoos in one building,
often include outoarcels These buildings are typically drive-in banks retail stores or
restaurants. A marina, hotel or motel with accessory retail shoos is not considered a
shopping center.
Specialty retail shall mean small strip shopping centers that contain a variety of retail
shops and specialize in quality apparel; hard goods; and services such as real estate
offices, dense stedies, florists and small restaurants.
Square footage shall mean the gross area measured in feet from the exterior faces or
exterior walls or other exterior boundaries of the building including mezzanines,
corridors and lobbies within the Principal outside faces of the exterior walls not
including architectural setbacks or oroiections. For the calculation of road impact fees,
square footage excludes areas within the interior of the building which are utilized for
parking.
Timeshare shall be considered under the definition of All- suites hotel for the purpose of
this chapter and the assessment of impact fees
University /junior college (urivaul shall mean r °_d _d -
institniiens private two -year iunior, community and technical cone es as well as private
four -year universities and prvate colleges that mayor may not offer graduate Programs.
Vehicle miles oftrovel (VMT) shall mean the average new navel added to the road system
by the development, computed by multiplying the new net trips generated by
development by the average trip length.
SECTION THREE. Article il, Impact Fees, Section 74 -201, Imposition of impact fees, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -201. Imposition of impact fees
(g) Immokatee Enterprise Zone Deferral Area.
kkx
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(3) As used in this subsection, (g) of section 74 -201, "qualifying development," means
an owner - occupied dwelling unit and its associated lot or land. "Sale" includes each and
every voluntary and/or involuntary sale of any part of the fee title to any part of the real
property that is subject to the respective deferred impact fees (as described in the
agreement). "Transfer' includes each and every transfer, voluntary or involuntary
(including transfer by court order or order of any administrative agency or administrative
body, and including whether the transferee is a government or agency of a government,
excepting only the following: Transfer of fee title of the property from one original tenant
by the entireties to the other original tenant by the entireties; transfer of any part of the
fee title between (or among) the original joint tenants; or between or among the original
tenants in common. "Refinancing" .includes any extension of the payment term or any
increase in the amount financed, of any original mortgage(s) or other financing document
that has as security for the payment obligation any fee title to the real property that is
subject to the deferred impact fees. "Original" refers to the parties to the relevant
document on the effective date of the applicable impact fee deferral agreement.
Notwithstanding anything in this subsection (g) of section 74 -201, the "m-tef e the
isn"ice al ......:.,..�ivision county manager may waive the triggering of the
obligation to pay deferred impact fees due to a sale, .a transfer or refinancing if, in the
judgment of the direetee county manager, the respective sale, transfer or refinancing is of
such a nature as not to justify that the deferred impact fees should become due and
payable because of the sale, transfer, or refinancing,
.es
SECTION FOUR Article 1I, Impact Fees, Section 74 -202, Payment, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -202. Payment.
(b) In the event a building permit issued for a development: (i) expires prior to commencement
of any part of the development for which the building permit was issued, (ii) is officially
cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a
reduction in the impact fees applicable for the development, or (iv) results in the impact fees
being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior
payment within the same subject property, the then current owner /applicant may, within four
years of payment OF approved revision (a the
building ia, apply for a reimbursement of a portion of or the entire impact fee, depending on
the basis for the request for reimbursement. All such requests for reimbursement shall be
calculated by applying the impact fee rate schedule that was in effect on the date of the
respective building permit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimbursement.
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SECTION FIVE. Article 11, impact Fees, Section 74203, Use offunds, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -203. Use of funds.
(a) The board bereby establishes or reaffirras the establishment of separate impact fee trust
funds for each of the public facilities, designated as follows:
(1) Road: "Road Impact Fee Trust Fund ";
(2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds ": The
county hereby establishes or reaffirms the establishment of two separate trust funds, one
entitled "Water Impact Fee Trust Fund' for water and a second entitled "Sewer impact
Fee Trust Fund' for sewer;
(3) Parks and recreational: The county hereby establishes or reaffirms the
establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust
Fund" (into which the portion of the impact fee allocated to parks and recreational
services paid by development located in municipalities within the county will be
deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into
which the portion of the impact fee allocated to parks and recreational services paid by
development located in the unincorporated areas of the county will be deposited);
(4) Library: "Library Impact Fee Trust Fund ";
(S) Emergency medical: "Emergency Medical Services Impact Fee Trust Fund;
(6) 9A46060NOP i'Ed
FaFl(
(7 6) Correctional.: "Correctional Impact Fee Trust Fund;
(& Z) Fire: "Fire Impact Fee Trost Fund."
(4-8) General government : "General Government Impact Fee Trust Fund."
(I&9) Law Enforcement :"Law Enforcement Impact Fee Trust Fund."
wa•
SECTION SIX. Article III, Special Requirements for Specific Types of Impact Fees, Section
74 -302, Special requirements for road impact fees, of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Section 74 -302. Special requirements for road impact fee.
a >.
(h) Payment of road impact fees to obtain a certificate of adequate public facilities
4VPJUVUJ ,ouor Will De cue ana oe osnea into me licable im ac[ fee trust fund. The
funds will then be immediately available for appropriation by the Board of County
Commissioners for transportation capital improvements Final calculation of impact fees
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(4) Failure to submit payment in accordance with the provisions of this subsection shall
result in the following:
(i) UPon failure to cure following 10 days written demand the County will
exercise its payment rights to the dedicated security: and
(ii) The matter will be referred to the Board of CottnN Commissioners for review.
Absent the Board finding exceptional circumstances the temporary certificate of
public facility adequacy shall be revoked
Commissioners for review. Absent the Board finding exceptional Circumstances. the
temoorary certificate of public facility adequacy shall be revoked.
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the original three -year certificate will be applied equally to the new or remaining units or
square footage and will run with the subjcct land.
control.
SECTION SEVEN. CONFLICT AND SEVERABMITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION EIGHT. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida- The sections of the Ordinance may be renumbered or re-
lettered and internal cross - references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section; "article," or any other appropriate word.
SECTION NINE. EFFECTIVE DATE.
This Ordinance shall be effective June 8, 2009, subject to filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 10 tin day of 4Ych, 2009.
ATTEST
Dwight E..$Ybck, Clerks
By: 4C .
M[�3� Mp i Ikulty -lerk.
Aobrove8hM,
BOARD OF COUNTY COMMISSIONERS
OF COLLIE COUNTY, FLORIDA
DONNA FIALA, Chairman
This ordirence filed with the
of State's Offf +h
`Vv"It
and aeMrVpledg trN
�t
offing received N day
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APPENDIX A
SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE
Effective 3aneary 1, 2008 June 8, 2009
Residential Rate
Single Family Detached House
(Annual Household than Went! -ey
than than tt, ' _ _ -
Less than 1,500 sq. ft.
1,500 to 2,499 sq. ft.
2,500 Sq. Ft. or larger
Multi-Family (Apartments) 1 -10 Studes
Multi - Family (Apartments) Above 10 Stories
Assisted Living Facility (ALF)
Condominium/Townhouse (1 -2. Stories)
Mobile Home
Retirement Community
High -Rise Condominium (3+ Stories)
Lodging
Hotel
Motel
kesm4 !late
All Suites Hotel
RV Park
Recreation
Golf Course
Movie Theaters
Marina
Dance Studios /Gymnastics
Institutional
Hospital
Nursing Home
Church
Private Elementary School
Private Middle School
Privat e High School
Private University /Jr. College < 7,501 students
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7 652.00 /dwelling unit
$10:372.00 /dwelling unit
111,M9 00/dwelling unit
$7.464.00 /dwelling unit
$4,954.54 $4.794.00 /dwelling unit
Pte, 03141 $1.347.00 /dwellingunit
$7,838.5 $7,725. 00 /dwelling unit
$4,314. welling unit
$3,754.0 welling unit
$5,526.00 /dwelling unit
$7;763 -1-4 $6,578.00 per room
$4,964.92 $4,222.
00 per room
$6 >917.0 -3- per -Teem
$3,891.00 per room
$4,280 10 $2,299.00 y site
$1,043,392.4 nn $749,894.00/ 18 holes
S54,978.53 $46,217.00/ per screen
$4;643.26 $3,5).7.00 /boatberth
$11,339.0011,000 sq. ft.
$49,41451 $18,034.0071,000 sq, ft.
$1,48636 1 261.00 per bed
$10.404,33 $8,619.0 0 1,000 sq. ft.
$.] -7-133 $1,005.00 per student
$1;540.94 $1,439.00 per student
$1;740.57 $1.526.00 per student
$2,926 -03 $2,374. per student
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Private University /Jr. College> 7,500 students
$2;13 3;02 $ 1.766.00 per student
Day Care
a+ C 1e 2 23'.15 $1,445.00 per student
Office
Office 50,000 sq ft or less
$20,074.97 $16,763.00/ 1000 sq. ft.
Office 50,001 - 100,000 sq, ft. er -4ass
" ""._- ' $14.257.00/ 1000 sq. ft.
Office 100,001 - 200,000 sq. ft of less
$14,",x- 419.56 $12,115.00/ 1000 sq. ft.
Office 200,001 - 400,000 sq. ft.er -less
$12,206.0-' $10.296.00/ 1000 sq. ft.
Office Greater than 400,000 sq. ft
$11,054.33 59,.148.00/ 1000 sq. ft.
Medical Office
$47,38 -5.63 $40.517.001 1000 sq, ft.
Retail
Specialty Retail
$28,,- 1T-'. . ^ $26 877.0 / 1,000 sq. ft.
Retail 50,000 sq. ft. or less
$18,097.04 $19,823.0 1,000 sq. ft.
Retail 50,001- 100,000 sq. ft.
$17' -1-7.8} $20.041.00/ 1,000 sq, ft.
Retail 100,001- 150,000 sq. ft.
816,486.17 $18.661.001 1,000 sq. R.
Retail 150.001- 200,000 sq. ft.
$- 1-6;385.00 $17,883.00/ 1,000 sq, ft.
Retail 200,001 - 400,000 sq. ft.
$15,195.65 $16,893 00/ 1,000 sq. ft.
Retail 400,001- 600,000 sq. ft.
$16,487.46 $16,847.00 / 1,000 sq. ft.
Retail 600,001 - 1,000,000 sq. R.
$17,608,07 118,255.0 0/ 1,000 sq, ft.
Retail greater than 1,000,000 sq. ft.
$21�� - X00, s 112-187.00/ 1,000 sq. fl.
Furniture Store
$3.545.00/ 1,000 sq. fl
Phamuacy /Ding Store w /Drive -Thru
$ -1748 $13.958.0011,000 sq. ft.
Home Improvement Superstore
$1' 1 -,- 141.15 $9.901.00/ 1,000 sq. ft.
Restaurant: High Turnover
T''',,,- , 28°.x^0 $2.440.0071,000 seat
Restaurant:'. owT,A.. Tufne.�r- '°• ^ ^- ualit
558;}88,61 $t 553.00/•11OO--P. seat
Restaurant: Drive -in $1-
7193 -76 $137 444.00 1,000 sq. ft.
Gasoline/Service Station
$9,791 -85 S8,221.0 per fiiel position
SupermarketaO
1,8 $26.570.00/ 1,000 sq. ft.
Quick Labe
$17,491,34 $14.522.00 per bay
Convenience Store 24 hours $116,6-56.07
$97.636.0011,000 sq, ft.
Convenience Store w /Cms Pumps
$48,734.1 137,6510 0 per Fuel position
Services
Tire Store
$ "a, ^5 29 $10,930.00 pet bay
New/Used Auto Sales
$33,637,70 $27,131,0 1,000 sq. ft
Luxury Auto Sales
$17,920.65 $[4.99600 /I000 sq. ft
Bank/Savings: Walk -in
a75-381.90 $39.429.00/ 1,000sq. ft.
Bank /Savings: Drive -in
P13'T98,5 "`T' $40,158.00/ 1,000 sq. fl.
Self- Service Car Wash
$43;976.08 $36.367.00 per bay
Automated Car Wash
$39,066.00/ 1,000 sq. ft
Industrial and Agricultural
General _;_ht Industrial
$9,14 28 $7,732.0 1,000 sq, ft.
Business Park (Flex - space)
$16855,91 $14.021.00/ 1,000 sq. ft.
Mini - Warehouse
$1- ,77&4 -1 $1.436.00/ 1,000 sq. ft.
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STATE OF FLORIDA)
COGNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009 -09
Which was adopted by the Board of County Commissioners
on the 10th day. of March, 2009, during Regular session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of March,. 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of
County Commissioners' -
By: Ann Jen jor'k 2
Deputy Clerk'
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LDC Amendment Request
ORIGIN: BCC - directed
AUTHOR: Jeff E. Wright, Assistant County Attorney
DEPARTMENT: County Attorney's Office
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC2:114 -116
LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts
CHANGE: Limits excavation for aquaculture and removal of fill dirt from Rural Fringe Mixed -
Use District Sending Lands.
REASON: Concern about abandonment of excavations in RFMU sending lands, once
aquaculture business has ceased to operate.
FISCAL & OPERATIONAL IMPACTS: Adoption of this amendment would not
result in any immediate fiscal impacts to the County.
There are no immediate fiscal impacts to the County. However, based on the excavation limits
and fill removal prohibition, in some cases the proposed regulation could have the effect of
limiting (1) the size of an operation and (2) the owner's ability to sell fill dirt, both of which
could have an adverse fiscal impact on landowners (and/or facility operators). The impact is not
certain in all cases, and would vary depending on operational details (including the prevailing
market price for fill dirt).
RELATED CODES OR REGULATIONS: n/a
GROWTH MANAGEMENT PLAN IMPACT: n/a
OTHER NOTESIVERSION DATE: First created August 18, 2009; revised December 21,
2009, January 28, 2010, February 26, 2010, March 10, 2010, and March 24, 2010; May 17, 2010;
May 21, 2010.
Amend the LDC as follows:
2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed Use District (RFMU District)
4. RFMU sending lands. RFMU sending lands are those lands that have the
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highest degree of environmental value and sensitivity and generally include
significant wetlands, uplands, and habitat for listed species. RFMU sending
lands are the principal target for preservation and conservation. Density may be
transferred from RFMU sending lands as provided in section 2.03.07 DA.c. All
NRPAs within the RFMU district are also RFMU sending lands. With the
exception of specific provisions applicable only to NBMO neutral lands, the
following standards shall apply within all RFMU sending lands:
a. Allowable uses where TDR credits have not been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and
823.14(6) Florida Statutes (Florida Right to Farm Act).
to the environmentally sensitive nature of sending lands,
fill removal from the site is prohibitedd., ' . h removal
is fh d d tat OF federal lal.y
[On May 17, 2010, the Board approved the language above, and instructed staff to look
into options involving bonding. The options below include a bonding requirement.
Changes to the approved language are highlighted.]
[(a) Alternative #1 (No fill removal allowed / bond
required): Agricultural uses consistent with Sections
163.3162 and 823.14(6) Florida Statutes (Florida Right to
Farm Act). Excavation for new aquaculture shall be limited
in quantity to the amount necessary for construction of
facilities Due to the environmentally sensitive nature of
[(a) Alternative #2 (Fill removal allowed / bond required):
(a) Agricultural uses consistent with Sections 163.3162
and 823.14(6) Florida Statutes (Florida Right to Farm Act),
including water management facilities, to the extent and
intensity that such operations exist at the date of any
transfer of development rights. Excavation for new
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reclaimed and restored following cessation of aouaculture
activit .
(b) Detached single - family dwelling units, including mobile
homes where the mobile home Zoning Overlay exists,
(c) Habitat preservation and conservation uses.
(d) Passive parks and other passive recreational uses.
(e) Sporting and Recreational camps, within which the lodging
component shall not exceed 1 unit per 5 gross acres.
(f) Those essential services identified in section 2.01.03(B).
(g) Oil and gas exploration, subject to applicable state and
federal drilling permits and Collier County non -
environmental site development plan review procedures.
Directional - drilling and /or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to
native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in
Chapter 62C -25 through 62C -30, F.A.C., as such rules
existed on Sept. 27, 2005 [the effective date of this
provision], regardless of whether the activity occurs within
the Big Cypress Watershed, as defined in Rule 62C-
30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable
federal and /or state oil and gas permits for proposed oil
and gas activities in Collier County, so long as the state
permits comply with the requirements of Chapter 62C -25
through 62C -30, F.A.C. For those areas of Collier County
outside the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with Chapter
62C -25 through 62C -30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access
roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
(2) Accessory uses. Accessory uses and structures that are
accessory and incidental to uses permitted as of right in section
2.03.08 (A)(2)(a)(1) above.
(3) Conditional uses.
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1 (a) Those essential services identified in section 2.01.03 G.2.
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Public facilities, including solid waste and resource
recovery facilities, and public vehicle and equipment
storage and repair facilities, shall be permitted within
Section 25, Township 49S, Range 26E, on lands adjacent
to the existing County landfill. This shall not be interpreted
to allow for the expansion of the landfill into Section 25 for
the purpose of solid waste disposal.
(c) Oil and gas field development and production, subject to
applicable state and federal field development permits and
Collier County non - environmental site development plan
review procedures. Directional - drilling and /or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied
upon issuance of a state permit in compliance with the
criteria established in Chapter 62C -25 through 62C -30,
F.A.C., as those rules existed on Sept. 27, 2005 [the
effective date of this provision], regardless of whether the
activity occurs within the Big Cypress Watershed, as
defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier
County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all
applicable federal and /or state oil and gas permits for
proposed oil and gas activities in Collier County, so long
as the state permits comply with the requirements of
Chapter 62C -25 through 62C -30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for
convening the Big Cypress Swamp Advisory Committee as
set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C -25 through 62C -30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and gas
access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
(d) Commercial uses accessory to permitted uses 1.a, 1.c.
and 1.d above, such as retail sales of produce accessory
to farming, or a restaurant accessory to a park or
preserve, so long as restrictions or limitations are imposed
to insure the commercial use functions as an accessory,
subordinate use.
b. Uses allowed where TDR credits have been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and
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823.14(6) Florida Statutes (Florida Right to Farm Act),
including water management facilities, to the extent and
intensity that such operations exist at the date of any _
transfer of development rights. Due to the environmentally
sensitive nature of sending lands fill removal from the site
is prohibited nl° °° h rp
autho-d-zeed URder
state nr fe d.. ..1 L.
(b) Cattle grazing on unimproved pasture where no clearing is
required;
(c) Detached single - family dwelling units, including mobile
homes where the mobile home Zoning Overlay exists, at a
maximum density of one dwelling unit per 40 acres. In
order to retain these development rights after any transfer,
up to one dwelling must be retained (not transferred) per
40 acres.
(d) One detached dwelling unit, including mobile homes
where the mobile home zoning overlay exists, per lot or
parcel in existence as of June 22, 1999, that is less than
40 acres. In order to retain these development rights after
any transfer, up to one dwelling must be retained (not
transferred) per each lot or parcel. For the purposes of this
provision, a lot or parcel shall be deemed to have been in
existence as of June 22, 1999, upon a showing of any of
the following:
the lot or parcel is part of a subdivision that was
recorded in the public records of the County on or
before June 22, 1999;
i. a description of the lot or parcel, by metes and
bounds or other specific legal description, was
recorded in the public records of the County on or
before June 22, 1999; or
ii. an agreement for deed for the lot or parcel, which
includes description of the lot or parcel by limited
fixed boundary, was executed on or before June
22, 1999.
(e) Habitat preservation and conservation uses.
(f) Passive parks and passive recreational uses.
(g) Those essential services identified in section 2.01.03 B.
(h) Oil and gas exploration, subject to applicable state and
federal drilling permits and Collier County non -
environmental site development plan review procedures.
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1
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areas shall be utilized in order to minimize impacts to -- -
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native habitats, where determined to be practicable. This
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requirement shall be deemed satisfied upon issuance of a
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state permit in compliance with the criteria established in
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Chapter 62C -25 through 62C -30, F.A.C., as those rules
7
existed on Sept. 27, 2005 [the effective date of this
8
provision], regardless of whether the activity occurs within
9
the Big Cypress Watershed, as defined in Rule 62C-
10
30.001(2), F.A.C. All applicable Collier County
11
environmental permitting requirements shall be considered
12
satisfied by evidence of the issuance of all applicable
13
federal and /or state oil and gas permits for proposed oil
14
and gas activities in Collier County, so long as the state
15
permits comply with the requirements of Chapter 62C -25
16
through 62C -30, F.A.C. For those areas of Collier County
17
outside the boundary of the Big Cypress Watershed, the
18
applicant shall be responsible for convening the Big
19
Cypress Swamp Advisory Committee as set forth in
20
Section 377.42, F.S., to assure compliance with Chapter
21
62C -25 through 62C -30, F.A.C., even if outside the
22
defined Big Cypress Watershed. All oil and gas access
23
roads shall be constructed and protected from
24
unauthorized uses according to the standards established
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in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
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(i) Mitigation in conjunction with any County, state, or federal
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(b) Oil and gas field development and production, subject to
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review procedures. Directional - drilling and /or previously
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minimize impacts to native habitats, where determined to
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be practicable. This requirement shall be deemed satisfied
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upon issuance of a state permit in compliance with the
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criteria established in Chapter 62C -25 through 62C -30,
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F.A.C., as those rules existed on Sept. 27, 2005 [the
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effective date of this provision], regardless of whether the
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activity occurs within the Big Cypress Watershed, as
46
defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier
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County environmental permitting requirements shall be
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considered satisfied by evidence of the issuance of all
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applicable federal and /or state oil and gas permits for
50
proposed oil and gas activities in Collier County, so long
51
as the state permits comply with the requirements of
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1 Chapter 62C -25 through 62C -30, F.A.C. For those areas
2 of Collier County outside the boundary of the Big Cypress
3 Watershed, the applicant shall be responsible for
4 convening the Big Cypress Swamp Advisory Committee as
5 set forth in Section 377.42, F.S., to assure compliance
6 with Chapter 62C -25 through 62C -30, F.A.C., even if
7 outside the defined Big Cypress Watershed. All oil and gas
8 access roads shall be constructed and protected from
9 unauthorized uses according to the standards established
10 in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
11
12 (c) Conditional use approval criteria: In addition to the criteria
13 set forth in section 10.08.00 of this Code, the following
14 additional criteria shall apply to the approval of conditional
15 uses within RFMU sending lands:
16
17 i. The applicant shall submit a plan for development
18 that demonstrates that wetlands, listed species
19 and their habitat are adequately protected as
20 specified in Chapters 3, 4 and 10.
21
22 ii. Conditions may be imposed, as deemed
23 appropriate, to limit the size, location, and access
24 to the conditional use.
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26 C. Density.
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28 (1) 1.0 dwelling units per 40 gross acres, or
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30 (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of
31 June 22, 1999. For the purpose of this provision, a lot or parcel
32 which is deemed to have been in existence on or before June 22,
33 1999 is:
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35 (a) A lot or parcel which is part of a subdivision recorded in
36 the public records of Collier County, Florida;
37
38 (b) A lot or parcel which has limited fixed boundaries,
39 described by metes and bounds or other specific legal
40 description, the description of which has been recorded in
41 the public records of Collier County Florida on or before
42 June 22, 1999, or
43
44 (c) A lot or parcel which has limited fixed boundaries and for
45 which an agreement for deed was executed prior to June
46 22, 1999.
47
48 d. Native vegetation retention. As required in Chapter 4.
49
50 e. Other dimensional design standards. Dimensional standards set forth in
51 section 4.02.01 of this Code shall apply to all development in Sending
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1 designated lands of the RFMU district, except as follows:
3 (1) Lot Area and Width.
4 - -
5 (a) Minimum lot Area: 40 acres.
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7 (b) Minimum lot Width: 300 Feet.
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9 (2) Parking. As required in Chapter 4.
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11 (3) Landscaping. As required in Chapter 4.
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13 (4) Signs. As required in section 5.06.00.
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15 5. Specific vegetation standards for the RFMU district. For these specific
16 standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code.
17
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DRAFT 5/21/10
ORDINANCE NO. 10-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION
1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES,
INCLUDING TABLE OF CONTENTS, SECTION 2.01.00
GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS,
SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS,
SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND
ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES
FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT
OF APPROVALS UNDER THE ZONING REEVALUATION
ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01
DENSITY STANDARDS AND HOUSING TYPES; CHAPTER
THREE - RESOURCE PROTECTION, INCLUDING SECTION
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR
LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION
3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING
SECTION 3.04.03 REQUIREMENTS FOR PROTECTED
PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION:
RESORT TO OTHER REMEDIES, SECTION 3.05.07
PRESERVATION STANDARDS, SECTION 3.06.06
REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION
4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES
IN BASE ZONING DISTRICTS, SECTION 4.02.02
DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND
ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION
4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29
SAME -FARM MARKET OVERLAY SUBDISTRICT, SECTION
4.02.32 SAME -MAIN STREET OVERLAY SUBDISTRICT,
SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT
IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION
4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING
SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY,
SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS,
SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE -
Page t of 196
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DRAFT 5/21/10
SUPPLEMENTAL STANDARDS INCLUDING TABLE OF
CONTENTS, SECTION 5.03.02 FENCES AND WALLS,
SECTION 5.04.01 GENERALLY (TO BE PROVIDED)
[RENAMED TO TEMPORARY USE PERMITS], SECTION
5.04.04 MODEL HOMES AND MODEL SALES CENTERS,
SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06
TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH
EVENTS PERMITS, ADDING SECTION 5.04.08 [RESERVED],
SECTION 5.05.02 MARINAS, 5.05.05 AUTOMOBILE SERVICE
STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND
RECREATIONAL VEHICLE PARK DESIGN STANDARDS,
CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS,
INCLUDING ADDING SECTION 6.02.09 PUBLIC SCHOOL
FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION
6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT -
DECISION- MAKING AND ADMINISTRATIVE BODIES,
INCLUDING SECTION 8.03.01 [PLANNING COMMISSION]
ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02
MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING,
SECTION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05
COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION
8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01
[BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS
AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND
VOTING, SECTION 8.04.04 RULES OF PROCEDURE, SECTION
8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS,
SECTION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND
APPEALS] ESTABLISHMENT AND PURPOSE, SECTION
8.05.02 POWERS AND DUTIES, SECTION 8.05.03
MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05
RULES OF PROCEDURE, SECTION 8.06.01
[ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT,
SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND
DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05
QUORUM AND VOTING, SECTION 8.06.06 RULES OF
PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION
8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE
EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01
[HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD]
ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES,
SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04
COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER
TEN - APPLICATION, REVIEW, AND DECISION - MAKING
PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION
10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL
REQUIREMENTS FOR PERMITS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF
Page 2 of 196
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PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED
[RENAMED TO SUBMITTAL REQUIREMENTS FOR NON -PUD
RESIDENTIAL REZONES], SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE
THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC, AND THE HISTORIC
PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND
ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS
AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09
REQUEST FOR CONTINUANCE OF PUBLIC HEARING
(RESERVED) [RENAMED TO SCHOOL CONCURRENCY
PROCEDURES FOR REVIEW AND APPROVAL OF
RESIDENTIAL SUBDIVISION PLAT AMENDMENTS];
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT
CONDITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development
Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June
22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No.
91 -102, as amended, the Collier County Land Development Code, which had an
effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar
year unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the first amendment to the LDC for the calendar year 2010;
and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97 -177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold advertised public hearings on May 17, 2010 and June 2, 2010 and did take
action concerning these amendments to the LDC; and
Page 3 of 196
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DRAFT 5/21/10
WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
local government comprehensive planning and land development regulation act (F.S. §
163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home
rule powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law
have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after the "Act'), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations for the
total unincorporated area shall be based on, be related to, and be a means of
implementation for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent.
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5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its
comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat.,
and Rule 9J -5 F.A.C.
7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive
plan, or element or portion thereof, has been adopted in conformity with the Act, all
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such comprehensive plan, or
element or portion thereof shall be consistent with such comprehensive plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the comprehensive plan if the land uses,
densities or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved
or undertaken by a local government shall be consistent with the comprehensive plan if
the land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses,
densities, or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be
amended twice annually. The Land Development Code adopted in Ordinance 91 -102
was recodified and superseded by Ordinance 04 -41.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
to encourage the most appropriate use of land, water and resources consistent with the
public interest; to overcome present handicaps; and to deal effectively with future
problems that may result from the use and development of land within the total
unincorporated area of Collier County and it is intended that this Land Development
Code preserve, promote, protect and improve the public health, safety, comfort, good
order, appearance, convenience and general welfare of Collier County; to prevent the
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overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks,
recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to maintain through
orderly growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
CSA Concurrence Service Areas
FISH Florida Inventory of School Houses
. . . . . . . . . . . .
SCADL School Capacity Availability Determination Letter
SIA School Impact Analysis
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SUBSECTION 3.6. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
x x x x x x x x x x x x
Ancillary Facility A building or other facility necessary to provide district -wide
x x x x x x x • x x x x
Concurrency Service Area (CSA): A geographic area in which the level of
service standard for each type of school is measured when an application for residential
development is reviewed for school concurrence purposes.
x x x x • x • x x x x x
Dwelling multi - family A group of 3 or more dwelling units within a single
building.
a. Multiple - family dwelling uses may involve dwelling units intended to be rented
common base of ownership.
shall apply:
a. Any multiple - family dwelling in which dwelling units are available for rental for
9
designated.
C.
x x x x x x x x x • x x
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Florida Inventory of School Houses (FISH) — Permanent Capacity The report of
eacn program.
Lot. interior. A lot other than a corner lot with only one frontaqe on a street. See
Figure S.
Lot, through: A lot other than a corner lot with frontage on more than one street
Through lots abutting two streets are considered double- frontage lots. See Figure 8.
and whether the proposed development is conceptually approved or vested
School Impact Analysis (SIA): A detailed report which evaluates a development
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Timeshare estate facility' Any dwelling in which timeshare estates have been
created.
Timeshare unit A dwelling unit in which timeshare estates have been created.
Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references such as those listed ideati€ied in
section 4.06.05Q WhPre ti il; GAdP Fef8F6 t9, aF FequiFes F8teRfigR Of, 's4'n Rative
vagetatien, OF less GaROPY G9YeFa98 of rnelalellGa OF AthPF eXatiG plaRt speGies.
having
TMOUH j
oT
TF� I.T
Figure 8
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SUBSECTION 3.C. AMENDMENTS TO CHAPTER 2 ZONING DISTRICTS AND USES —
TABLE OF CONTENTS
Chapter 2 Zoning Districts and Uses Table of Contents, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
CHAPTER 2 ZONING DISTRICTS AND USES
2.01.00 Generally
2.01.01 Purpose
2.01.02 Miscellaneous Structures
2.01.03 Essential Services
2.01.04 Polling Places
2.02.00 Establishment of Zoning Districts
2.02.01
Establishment of Official Zoning Atlas
2.02.02
District Nomenclature
2.02.03
Prohibited Uses
2.02.04
Continuation of Provisional Uses
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses
2.03.01
Agricultural Zoning Districts
2.03.02
Residential Zoning Districts
2.03.03
Commercial Zoning Districts
2.03.04
Industrial Zoning Districts
2.03.05
Civic and Institutional Zoning Districts
2.03.06
Planned Unit Development Districts
2.03.07
Overlay Zoning Districts
2.03.08
Rural Fringe Zoning Districts
2.03.09
Open Space Zoning Districts
2.03.10
Districts Under Moratorium [Reserved]
2.04.00 PeFFnissible, Conditional, and A.- J .. Uses in Zoning DistFints Reserved
2.05.00 Density Standards
2.05.01 Density Standards and Housing Types
2.05.02 Density Blending
2.06.00 Affordable Housing Density Bonus
2.06.01
Generally
2.06.02
Purpose and Intent
2.06.03
AHDB Rating System
2.06.04
Limitations on Affordable Housing Density Bonus
2.06.05
Affordable Housing Density Bonus Monitoring Program
2.06.06
Violations and Enforcement
2.07.00 Reserved
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SUBSECTION 3.D. AMENDMENTS TO SECTION 2.01.00 GENERALLY
Section 2.01.00 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.01.00 GENERALLY
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Min-
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611 PRIOR
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.rr_rsrus>rrra
2.01.01 - PURPOSE
It is the intent and purpose of this Chapter to establish and adopt zoning districts to
govern the use of land and water in the unincorporated areas of Collier County, Florida.
SUBSECTION 3.E.
AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS
Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Zoning Districts.
: .
B. Estate District (E). The purpose and intent of the estates district (E) is to provide
lands for low density residential development in a semi -rural to rural
environment, with limited agricultural activities. In addition to low density
residential development with limited agricultural activities, the E district is also
designed to accommodate as conditional uses, development that provides
services for and is compatible with the low density residential, semi -rural and
rural character of the E district. The E district corresponds to and implements the
estates land use designation on the future land use map of the Collier County
GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be
consistent with and not exceed the density permissible or permitted under the
estates district of the future land use element of the Collier County GMP as
provided under the Golden Gate Master Plan.
1. The following subsections identify the uses that are permissible by right
and the uses that are allowable as accessory or conditional uses in the
estates district (E).
. . . . . . . . . . .
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to
uses permitted as of right in the (E) district.
2. Field crops raised for the consumption by persons residing
on the premises.
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3. Keeping of fowl or poultry, not to exceed 25 in total
number, provided such fowl or poultry are kept in an
enclosure located a minimum of 30 feet from any lot line,
and a minimum of 100 feet from any residence on an
adjacent parcel of land.
4. Keeping of horses and livestock (except for hogs), not to
exceed two such animals for each acre, and with no open
feedlots. Any roofed structure for the shelter and feeding of
such animals shall be a minimum of 30 feet from any lot
line and a minimum of 100 feet from any residence on an
adjacent parcel of land.
On lots /parcels of 1.25 acres and greater. section
5.04.05 D.1. provides for the issuance of a 16 -week
temporary use permit (TUP) to keep a maximum of
2 hogs while engaged in a bona fide 4 -H youth
development program.
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
Campground F. Trav . el . Trailer- Recreational Vehicle
Purpose and intent. The provisions of this district are intended to apply to
trailer lots for travel trailers, park model travel trailers and recreational
vehicles, not exceeding 499 500 square feet in gross floor area. Such
trailer lots are intended to accommodate travel trailers, model travel
trailers, pickup coaches, motor homes, and other vehicular
accommodations which are suitable for temporary habitation, used for
travel, vacation, and recreational purposes. Campsites are intended to
accommodate temporary residency while camping, vacationing or
recreating, TTRVC vehicles may be permanently located on a lot;
however, no person or persons may occupy said vehicles as permanent
places of residence.
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* * * * * # # # * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 Industrial Zoning Districts
A. Industrial District (1). The purpose and intent of the Industrial district (1) is to
provide lands for manufacturing, processing, storage and warehousing,
wholesaling, and distribution. Service and commercial activities that are related
to manufacturing, processing, storage and warehousing, wholesaling, and
distribution activities, as well as commercial uses relating to automotive repair
and heavy equipment sales and repair are also permissible in the I district. The I
district corresponds to and implements the industrial land use designation on the
future land use map of the Collier County GMP.
1. The following uses, as identified within the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this
section, are permitted as a right, or as accessory or conditional uses
within the industrial district (1).
a. Permitted uses.
such uses may be rebuilt to their pre- disaster condition.
# # * * * * * # # * * #
SUBSECTION 3.1-1. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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2.03.07 Overlay Zoning Districts
D. Special Treatment Overlay (ST).
4. Transfer of Ddevelopment Rights (TDR).
C. TDR credits from RFMU sending lands: General Provisions
ii. Creation of TDR Bonus credits. TDR Bonus credits
shall only be generated from RFMU sending land
property from which TDR credits have been severed.
The three types TDR Bonus credits are as follows:
x + x x + + x + + x + +
c) Early Entry Bonus credits. Early Entry Bonus
credits shall be generated at a rate of 1 additional
credit for each TDR credit that is severed from
RFMU sending land for the period from March 5,
2004 Z8 , until March 27, 2012 'three ycaFs a#e
the @d9Pt'0 of this FegulatiGn. Early Entry Bonus
credits shall cease to be generated after the
termination of this early entry bonus period.
However, Early Entry Bonus credits may
continue to be used to increase density in RFMU
and non -RFMU Receiving Lands after the
termination of the Early Entry Bonus period.
f. Procedures applicable to the severance and redemption of
TDR credits and the generation of TDR Bonus credits from
RFMU sending lands.
ii. In order to facilitate the County's monitoring and
regulation of the TDR Program, the County shall serve
as the central registry for all TDR severances, transfers
(sales) and redemptions, as well as maintain a public
listing of TDR credits available for sale along with a
listing of purchasers seeking TDR credits. No TDR
credit generated from RFMU sending lands may be
utilized to increase density in any area unless the
following procedures are complied with in full.
b) TDR Bonus credits shall not be used to increase
density in either non -RFMU receiving areas or
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RFMU receiving lands until a TDR
credit certificate reflecting the TDR Bonus
credits is obtained from the County.
1) Early Entry Bonus credits. All TDR
credit certificates issued by the County for
the period from the effective date of this
provision until March 27. 2012 #*ee ;car -s
Afl;PF _h _ff_= :_ _ date shall include one
Early Entry Bonus credit or fractional Early
Entry Bonus credit for each TDR credit or
fractional TDR credit reflected on the TDR
credit certificate. Where TDR credits were
severed from March 5, 2004, until the
effective date of this provision, the County
shall, upon receipt of a copy of the TDR
credit certificate reflecting those previously
severed TDR credits, issue a TDR credit
certificate entitling Early Entry Bonus
credits equal in number to the previously
severed TDR credits.
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay
District with distinct subdistricts for the purpose of establishing development
criteria suitable for the unique land use needs of the Immokalee Community. The
boundaries of the Immokalee Urban Overlay District are delineated on the maps
Map T below.
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WAMOKALEE OVERLAY DtSMCr
..............
.-MM a\,v ; .M
A -MM
FMI
1IIIIINKMA! "li INR /s�..T -
h
X1Mvp :
G E"SZ -2 rr��r=M
A-UK
(Replace existing Immokalee Overlay Map with the following two maps j
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IMMOKALEE URBAN AREA OVERLAY
WEST HALF
AJ RO
PUD
i
1WE11 0
JAHO
LAKE
TRAFFORD
AW80
/J
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i IMMOKALEE URBAN AREA OVERLAY
x
EAST HALF
U
F
\ El .J
Puo IMMOKALEE REGIONAL
AIRPORT
J i
O
P
FF
I
M4
l �G -6z
t I'
t r !I c5 _
F 1 (tY
`7 x ! AJAHO
L�. VR
1=
E
u
I
W A# o
Z
J
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scope This section addresses the permissible deviations, limitations
thereon and the review process.
of requesting deviations throuqh the PUD rezoning process Any
deviations from the LDC which are not expressly provided for in
this section shall be processed as variances in accordance with
Section 9.04.00 of the LDC.
b Concurrent Deviation Application required All deviation requests
C. Insubstantial Deviations Requested deviations that do not exceed
considered:
The proposed deviation is compatible_ with adjacent land
uses and structures achieves the requirements of the
regulations as closely as is practicable and meets the
intent of the related Land Development Code regulations:
and
increased open space landscaping pedestrian spaces
buffering or architectural features in order to meet the
intent of the regulation being diminished.
cl Substantial Deviations. Requested deviations that do not qualify
as insubstantial deviations are substantial deviations:
i Considerations for Review and Approval: The CCPC shall
consider the following:
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a) Whether or not the Proposed deviation is
compatible with adjacent land uses and achieves
the requirements and /or intent of the regulations as
closely as is practicable: and
b) Whether the proposed deviation is the minimum
amount necessary to allow for reasonable use of
the property and /or address the issue necessitating
the deviation request: and
G) Whether the reduced or increased standard
requested by the deviation is mitigated for either
on the subject site or by providing a public benefit
on the subiect site. Examples of such on -site
mitigation include but are not limited to increasing
setbacks from the adjacent road right -of -way
when proposing to deviate from sign size
limitations: increasing plantings or planting sizes or
installing a fence or wall where a reduced buffer
width is proposed providing public pedestrian
and /or bicycle pathway easements or other similar
mobility improvements including transit
enhancements providing public parking providing
beautification in the public realm including street
trees, street furniture lighting and other similar
public benefits.
e Applicability — List of Development Standards Eligible for
Deviation Requests Property owners shall be eligible to seek a
deviation from the dimensional requirements of the following Code
provisions, unless otherwise noted.
2.03.01 Agricultural Zoning Districts limited to subsection
A.1. b.4. ii.
2.03.03 Commercial Z_onnq Districts, limited to the
following subsections:
al A.1.c.11.vii. limited to a maximum of three stories viii
and ix.; and
b) E.1.c.4.iv.
iii. 2.03.04 Industrial Zoning Districts limited to subsection
A.1.c.2.iv., minimum lot area only.
V. 4.02.01 A Dimensional Standards for Principal Uses
in Base Zoning Districts:
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a) Table 1 Lot Design Requirements for Principal
Uses in Base Zoning Districts:
n) Table 2 Building Dimension Standards for
Principal Uses in Base Zoning Districts, excluding
building height and in the case of commercial
parcels no deviation shall be granted, for new
development from the required 50 -foot building
setback when abutting residentially zoned
properties or from the minimum 10 -foot wide
landscaped strip between the abutting road right -
of -way and the off - street parking area for new
development but deviations from these
requirements may be considered in the case of
redevelopment where existing structures and /or
encroachments are proposed to remain;
C) Table 2.1 - Table Of Minimum Yard Requirements
(Setbacks) for Base Zoning Districts.
(Tables 3 and 4) except that in the case of new
development on commercial parcels no deviation shall be
granted from the required 50 -foot building setback when
abutting residentially zoned properties or from the
minimum 10 -foot wide landscaped strip between the
abutting road right -of -way and the off - street parking area.
Deviations from these requirements may be considered in
the case of redevelopment where existing structures
and /or encroachments are proposed to remain.
viii. 4.02.03 B Accessory Building Lot Coverage
ix 4 02 27 C Specific Design Standards for the Immokalee --
State Road 29A Commercial Overlay Subdistrict, Building
Design Standards.
X. 4M.28 A Same -- Jefferson Avenue Commercial Overlay
Subdistrict Building Design Standards.
xi 4 02 29 A Same —Farm Market Overlay Subdistrict,
Dimensional Standards.
E.2 and E.3.
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xiii. 4.05.04 H (Spaces Required) Table 17 and 4 05 06 B
Loading Space Requirements utilizing the existing
administrative deviation process set forth in LDC Section
4.05.04 G.2., recognizing that the reduced need for off-
street parking in Immokalee may be offered as a viable
basis for such administrative deviation.
xiv. 4.06.02 C Buffer Requirements (limited to required width
except that in the case of new development on
commercial parcels no deviation shall be granted from
the required 50 -foot building setback when abutting
residentially zoned properties or from the minimum 10 -foot
wide landscaped strip between the abutting road right -of-
way and the off - street parking area Deviations from these
requirements may be considered in the case of
redevelopment where existing structures and /or
encroachments are proposed to remain
Vehicular Use Areas.
xvi. 4 06 05 B General Landscaping Requirements
Landscaping requirements for industrial and commercial
development, limited to subsection B.3.
xvii 4 06 05 C General Landscaping Requirements Building
Foundation Planting Requirements (including Table Inset)
dimensional provisions of this section are also allowed as
substantial deviations.
xix. 5.05.08 D Design Standards for Specific Uses Deviations
from non - dimensional provisions of this section are also
allowed as substantial deviations.
7. Deviations from non - dimensional provisions of this
section are also allowed as substantial deviations. Note:
Nothing in LDC Section 5.05.08 Architectural and Site
Design Standards, shall be deemed to prohibit the use of
murals on exterior walls of commercial buildings in the
Immokalee Urban Overlay District provided than 1) such
murals are reviewed and accepted by the Collier Courtty
Redevelopment Agency staff and 2) such murals do not
contain text for the purpose of advertising anv business or
commercial activi
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for Variances.
h Appeals Within 30 days of the issuance of the decision of staff or
of the CCPC the owner or any aggrieved person may appeal the
I. Bayshore Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced
on BMUD Map 1; and further identified by the designation "BMUD" on the
applicable official Collier County Zoning Atlas Map or map series.
6. Bayshore Mixed Use District (BMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and
intent of this subdistrict is to encourage a mix of low intensity
commercial uses and residential uses (see 2.03.07 1.6. Tables 1
and 2). Developments will be human -scale and pedestrian -
oriented. For mixed use projects only, subject to the MUP
approval process in section 2.03.07 1.3., refer to Tables 1 and 2
for permitted uses. Otherwise, permitted uses are in accordance
with the underlying zoning district.
b. Waterfront Subdistrict (W). The purpose of this subdistrict is to
allow maximum use of the waterfront for entertainment while
enhancing the area for use by the general public. Development
standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards
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set forth in section 4.02.17. For mixed use projects only, subject to
the MUP approval process in section 2.03.07 1.3., refer to
subsection 2.03.07 1.6. Tables 1 and 2 for permitted uses.
Otherwise, permitted uses are in accordance with the underlying
zoning district.
Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts
P = permitted
E = permitted with certain exceptions
2
Blank cell = prohibited (also see table of
conditional and accessory uses)
E
E
2
o
U
y
�
SIC Code
o
0
L
�
o U
o
t Z
Z�
0 N
2 U
0
m
Land Use Type or Category
to
to
Performing Arts Theater
7922
PE a
NOTES FOR TABLE 1
s Performance seating limited to-7W 500 seats.
J. Goodland Zoning Overlay (GZO). To create design guidelines and development
standards that will assure the orderly and appropriate development in the
unincorporated area generally known as Goodland. The Goodland Zoning
Overlay district (GZO) is intended to provide regulation and direction under which
the growth and development of Goodland can occur with assurance that the
tropical fishing village and small town environment of Goodland is protected and
preserved, and that development and /or redevelopment reflect the unique
residential and commercial characteristics of the community. The boundaries of
the Goodland Zoning Overlay district are delineated on Map 1 below.
4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain
any sheds that were constructed prior to October 17, 2003. Storage
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sheds for fishing and boat equipment on the boat dock parcels off of
Bayshore Way constructed after October 17, 2003 are permissible if they
comply with the following requirements:
a. The appropriate building permit must be obtained.
b. Bayshore drive- Way setback: ten feet.
C. Waterfront setback: ten feet.
d. Side yard setback: 0 feet.
e. Maximum size of shed: 144 square feet.
SUBSECTION 3.1. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed Use District (RFMU District)
4. RFMU sending lands. RFMU sending lands are those lands that have
the highest degree of environmental value and sensitivity and generally
include significant wetlands, uplands, and habitat for listed species.
RFMU sending lands are the principal target for preservation and
conservation. Density may be transferred from RFMU sending lands as
provided in section 2.03.07 DA.c. All NRPAs within the RFMU district
are also RFMU sending lands. With the exception of specific provisions
applicable only to NBMO neutral lands, the following standards shall
apply within all RFMU sending lands:
a. Allowable uses where TDR credits have not been severed
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections
163.3162 and 823.14(6) Florida Statutes (Florida
Right to Farm Act). Excavation for new aquaculture
shall be limited in quantity to the amount necessary
for construction of facilities. Due to the
environmentally sensitive nature of sending lands,
fill removal from the site is prohibited.
Page 27 of 196
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[Note: On May 17, 2010, the BCC approved the language above, and instructed
staff to look into options involving bonding. The options below include bonding
requirement. Changes to the approved language are highlighted.]
*Alternative #1 (No fill removal allowed / bond
required):
(a) Agricultural uses consistent with Sections
163.3162 and 823.14(6) Florida Statutes (Florida
Right to Farm Act). Excavation for new aquaculture
shall be limited in quantity to the amount necessary
for construction of facilities. Due to the
environmentally sensitive nature of sending lands
fill removal from the site is prohibited Sufficient
security must be provided prior to commencement
of any excavation for new aquaculture to insure
that the area disturbed by such excavation is
properly stabilized, reclaimed, and restored
following cessation of aquaculture activity .1
*Alternative #2 (Fill removal allowed / bond required):
(a) Agricultural uses consistent with Sections
163.3162 and 823.14(6) Florida Statutes (Florida
Right to Farm Act), including water management
facilities, to the extent and intensity that such
operations exist at the date of any transfer of
development rights. Excavation for new
aquaculture shall be limited in quantity to the
b. Uses allowed where TDR credits have been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162
and 823.14(6) Florida Statutes (Florida Right to
Farm Act), including water management facilities,
to the extent and intensity that such operations
exist at the date of any transfer of development
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rights. Due to the environmentally sensitive nature
of sending lands fill removal from the site is
prohibited.
SUBSECTION 3.J. AMENDMENTS TO SECTION 2.04.00 PERMISSIBLE, CONDITIONAL
AND ACCESSORY USES IN ZONING DISTRICTS / RESERVED
Section 2.04.00 Permissible, Conditional and Accessory Uses in Zoning Districts / Reserved, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
2.04.00 Reserved
SUBSECTION 3.K. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES
Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and
housing type criteria shall apply.
Page 29 of 196
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Page 30 of 196
Words straslFtltreegh are deleted, words underlined are added
Housing
Maximum
Type:
!E
Density Z
Zoning
Zoning
a)
a>
'E o
>
17 (units
District:
E
v°'
?
E
>
>
per gross
w
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E
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=
Y
m
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acre)
m
2
a
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m
a
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m
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7
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7
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lz
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GC
Two
0.2(l
A
J
S
J
unit per 5
acres)
0.44(l
E
J
✓
unit per
2.25
acres)
RSF -1
✓
✓
/
1
RSF -2
✓
✓
✓
2
RSF -3
J
J
J
3
RSF -4
J
J
✓
4
RSF -5
✓
✓
✓
5
RSF -6
✓
✓
J
6
RMF -6
J
✓
✓
J
J
J
6
RMF -12
S
J
J
✓
12
RMF -16
✓
J
16
RT''"
✓
26
RT 4,17
J
✓
✓
16
RT 5"
J
J
J
16
VR s
✓
J
✓
7.26
VR 7
J
✓
8.71
VR e
J
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14.52
MH e
✓
One
7.26
Page 30 of 196
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TTRVC
One
J
12
C -1 t0
One
16
C -210
One
16
C -310
On
16
C -4
One
C -5
One
One
BP
One
0.2 (1 unit
per 5
acres)
CON "
✓
0.33(l
unit per 3
acres) Big
Cypress
BMUD 12
S
S
S
S
12
GTMUD'Z
S
S
S
S
12
R -1
J
✓
✓
J
R -2
J
J
J
J
GZO
Per underlying zoning district
16 for
timeshare,
mf &
VB- RTO117
✓
J
J
twnhses;
26 for
hotels and
motels
Per
G GDCCO
,/
underlying
zoning
district
0.025(l
RFMU "
J
J t6
unit per 40
acres)
0.2 (1 unit
RFMU 14
J
J
✓
J
J 16
✓
J
✓
per 5
acres)
0.2 (1 unit
RFMU 16
J
J
✓
J
✓t6
✓
J
J
✓
per
acres)
Page 31 of 196
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0.2 (1 unit
MHO J per 5
acres)
Legend:
S = permitted subject to supplemental standards
Recreational vehicles include travel trailers, park models, pickup coaches, and
motor homes.
2 Density is calculated as the number of residential dwelling units per gross acre
(see definition of density, residential). Generally, in all zoning districts except for A, E
and CON, this indicates the maximum allowable density, including any applicable
density bonuses per the density rating system in the growth management plan.
Density may be restricted by the board of county commissioners at the time of rezoning
to something less than the maximum, as indicated parenthetically on the official zoning
atlas maps. For example, "RMF -6(4)" allows all uses and development standards of the
RMF -6 zoning district but density is limited to 4 dwelling units per acre.
' A maximum of b -.eRty six (26) dwelling units per acre are allowed for hotels and
For RT zoning located inside Activity Centers as designated on the Growth
Management Plan's Future Land Use Map, residential units (including those for
timeshares and multifamily uses) are allowed at a maximum of sixteen (16) dwelling
units per acre. Similarly for RT zoning not located within Activity Centers but in
existence at the time of adoption of the LDC (October 30, 1991), residential units are
allowed at a maximum of SbdeeR (16) units per acre.
5 For RT zoning not located within Activity Centers and not in existence at the time
of adoption of this LDC (October 30, 1991), allowed density is per the density rating
system up to sixteen (16) dwelling units per acre. The calculation of density shall be
based on the land area defined by a lot(s) of record.
6 Density for single - family and mobile home, with or without clustering.
' Density for duplex, with or without clustering.
' Density for multi - family, with or without clustering.
9 In the MH district, modular homes are allowable.
10 Properties zoned C -1 through C -3 may have associated residential densities in
instances of mixed -use development pursuant to the Future Land Use Element of the
Growth Management Plan.
" The density f 1 dwelling unit
ty g per 3 gross acres only applies to private in-
holdings within the Big Cypress National Preserve that were in existence prior to
October 14, 1974.
12 Maximum allowable density in the BMUD and GTMUD overlays is attained
through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in
the Overlays.
"One dwelling unit per 40 acres is the maximum density permitted in RFMU
Sending Lands (see section 2.03.08).
14 One dwelling unit per 5 acres is the maximum density permitted in RFMU
Neutral Lands (see section 2.03.08).
15 One dwelling unit per acre is the maximum density permitted in RFMU
Receiving Lands located outside of a Rural Village with redemption of Transfer of
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Development Rights (TDR) credits; 0.2 units per acre is the maximum density permitted
in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per
acre is the maximum density per acre in RFMU Receiving Lands located within a Rural
Village with the redemption of TDR credits (see section 2.03.08).
t6 Onlv if Mobile Home Overlay exists.
B. Acreage associated with historical /archaeological resources preserved within the
boundaries of a project shall be included in calculating the project's permitted
density.
SUBSECTION 3.L. AMENDMENTS TO SECTION 3.04.00 PROTECTION OF
ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION
3.04.01 GENERALLY
Section 3.04.00 Protection of Endangered, Threatened, or Listed Species, Section 3.04.01
Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including
measures for protection and /or relocation of endangered, threatened, or species
of special concern listed by:
1. Florida Fish and Wildlife Conservation Commission (FFWCC) as
endangered, threatened, or species of special concern and as provided
for the bald eagle in F.A.C. 68A- 16.002.
2. United States Fish and Wildlife Service (USFWS) as endangered or
threatened and as provided for by the Bald and Golden Eagle Protection
Act.
3. Q9nVPntiQR of i t t' i TF;;dp OR F a a SpeGieS Of Wild Fauna
aad Flera (GITFS).
B. Applicability and Exemptions.
General Applicability: Except as provided in 2 below, all new
development shall be directed away from listed species and their
habitats by complying with the guidelines and standards set forth in this
section.
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2. Exemptions: The following are exempt from the provisions of this Section:
Agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes;
b. All development within the RLSA District, except as specifically
provided in section 4.08.00; and
C. All development within the NBMO, except as specifically provided
in section 2.03.08.
C. ES^„a FnManagement plans.
Exemption. Single- family platted lots or construction of a single- family
home, including accessory uses and structures on a lot of record t#at
shall not be
required to prepare aR EIS -o a management plan, but shall comply with
approved management plans for the subdivision in which they are
located.
32. Management Plans.
a. General Requirements. A wildlife management plan shall be
required for all projects where the wildlife survey indicates listed
species are utilizing the site, or where bald eagle nests occur on
Management Plan utilized by the FFWCC. These plans shall
describe how the project directs incompatible land uses away from
listed these species and their habitats and shall incorporate proper
techniques to protect listed these species and their habitat
the nests of bald eagles from the negative impacts of proposed
development. Incompatible land uses and proper techniques to
of any listed species that may be discovered
b. References.
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D. Protective measures. All developments subject to this section shall adhere to
the following:
1. General.
a. In those areas where clustering is permitted, all developments
shall be clustered to discourage impacts to listed species
habitats.
b. Open space and vegetation preservation requirements shall be
used to establish buffer areas between wildlife habitat areas and
areas dominated by human activities.
C. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize development impacts to the wildlife and to
facilitate and encourage wildlife to use wildlife corridors.
d. Appropriate roadway crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
shall be given to preserving the habitat of that listed species, as
provided in section 4.06.04.
f. Management Plans shall contain a monitoring program for
developments greater than 10 acres.
g. Letters of technical assistance from the FFWCC and /or
recommendations from the USFWS shall be deemed to be
consistent with the GMP. Other forms of technical assistance from
nature of the evaluation.
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E. Single- family platted lots or construction of a single - family home including
accessory uses and structures on a lot of record,
AnFps AF less on size, shall be exempt from the requirements set forth in sections
3.04.02 A, C, E, F, G & and 3.04.03, but shall comply when required as Dart of
D. Other
agency approvals may be required in accordance with 10 02 06 C
SUBSECTION 3.M. AMENDMENTS TO SECTION 3.04.02 SPECIES SPECIFIC
REQUIREMENTS
Section 3.04.02 Species Specific Requirements, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.04.02 Species Specific Requirements
OR ppeperty where the wildlife survey establishes that listed speGieS are UtiliZiRg
the ';4P AF 1.Aq9hPrP the Site is Gapable Df suppGrting listed speGies and SUGh listed Species
Fi h end Wildlife SeFViGe iR iSSUiRg a,. el f a it is FeGegRized . en a Gase by case ageRGY f
69FltAiRpd he Rd a Gh ha shall be a basis, to ti
Wildlife habitat management plans for listed species shall be submitted for County
approval A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site (other than for occasional use by non - resident species
such as wading birds) or if required by state and federal permit requirements These
consider and utilize recommendations and letters of technical assistance from the
such change shall be deemed consistent with the Growth Management Plan The
following specific species management and protection plans shall be applicable, in
addition to those required by other provision in this section 3.04.00:
A. Gopher Tortoise (Gapherus polyphemus Gopherus polyphemus).
All native habitats occupied by gopher tortoises, their habitats, and
the associated listed commensals are hereby protected.
It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, molest, pursue or
attempt to engage in any such conduct, any gopher tortoise, and
to alter, destroy, or degrade the functions and values of their
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burrows or natural habitat, unless otherwise provided for in this
section.
3. All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means,
unless otherwise provided for in this section.
OEM __—
5. When gopher tortoises are identified on -site, a habitat protection
and /or management plan or off -site relocation plan as prepared
by a FFWCC permitted Authorized Gopher Tortoise Relocation
Agent, shall be submitted to the County Manager or designee for
review and approval.
6. The on -site habitat protection and /or management plan shall
include, but not be limited to, the following items:
a. A surreat gopher tortoise survey no more than 6 months
old or within the time frame recommended by the FFWCC,
which shall may be field - verified by
the County Manager or designee.
b. A proposal for either maintaining the habitat for the
population is place on site or relocating it the existing
population to a gopher tortoise recipient site permitted by
the FFWCC.
C. A If preserved on site, a site plan identifying the
boundaries of the gopher tortoise preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Details of the construction and maintenance of gopher
tortoise preserve fencing to protect tortoises during
construction.
g. An annual maintenance plan describing exotic removal
and vegetation management.
h. Identification of persons responsible for the initial and
annual protection and /or management of the tortoises and
the preserve area. Suitable gopher tortoise habitat shall
and maximum allowable density of gopher tortoises shall
be in accordance with the parameters identified in Gopher
Tortoise Management Plan and Gopher Tortoise
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Permitting Guidelines utilized by the FFWCC be
Suitable gopher tortoise
habitat preserved on site shall be designated on the site
plan at the time preserves are established and shall be
credited to the preservation requirement as specified in
section 3.05.00 of this W9.
Habitat management and monitoring to ensure habitat
within the preserve is maintained in accordance with the
parameters identified in Gopher Tortoise Management
Plan and Gopher Tortoise Permitting Guidelines utilized by
the FFWCC.
I. Methods identified to protect tortoises from roadways
domestic animals or other possible dangers if needed
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Rig
NOW
744. When identifying the native vegetation preservation requirement
of section 3.05.07 of this IPo for parcels containing gopher
tortoises, priority shall be given to protecting the largest, most
contiguous gopher tortoise habitat with the greatest number of
active burrows, and for providing a connection to off -site adjacent
All heF taFteis....Fe6e Fyes shall be
gopher tortoises' preserves. ......_.__ �.___. ___ shall
It
shall be a priority to preserve scrub habitat, when it exists on -site,
for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether gopher
tortoises are relocated off -site.
8-1-2. All g6opher tortoises shall be feraeved captured and relocated
from within the development footprint Pill Alto•^ and iRA
prior to any site
improvement, in accordance with FFWCC guidelines and the
protection /management plan approved by County Manager or
designee. High densities of hatchlings and juvenile tortoises are
areas where relocation of gopher tortoises is required the location
relocated.
B. Sea Turtle Protection.
The purpose of this section is to protect the threatened and
endangered sea turtles that nest along the beaches of the
County, by safeguarding sea turtle hatchlings from sources of
artificial light, and adult and hatchling sea turtles from injury or
harassment. The County shall adhere to state and federal
guidelines for the protection of sea turtles.
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2. The requirements of this section apply when development or
lighting associated with development is located within three
hundred (300) feet of coastal mean high water; when parking
lots, dune walkovers, or other outdoor lighting is proposed; and
when reflective surfaces that will be illuminated by outdoor lighting
will be visible from the beach.
Outdoor lighting shall be held to the minimum necessary
for security and safety. Floodlights and landscape or
accent lighting shall be prohibited.
b. All lighting, including wall- mounted fixtures, pole lighting,
lights on balconies, and any other type of lighting not
specifically referenced by this section, shall be of low
intensity, and shall be fitted with hoods or positioned so
that the light sources, or any reflective surfaces illuminated
by such sources, shall not be visible from the beach.
C. Low profile luminaries shall be used in parking lots, and
such lighting shall be fitted with hoods or positioned so that
the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
d. Dune crosswalks shall utilize low profile shielded
luminaries directed and positioned so that light sources, or
any reflective surfaces illuminated by such sources shall
not be visible from the beach. dDune crossover lighting
shall be limited to the area landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium
vapor luminaries shall be used and fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach.
f. Plates of tinted glass are required for windows that are
visible from the beach. The tinted glass shall be any
window or glazing that has an industry- approved light
transmittance value of #arty five (45) percent or less. Such
transmittance shall be limited to the visible spectrum (400
to 700 nanometers), and shall be measured as the
percentage of light that is transmitted through the glass,
inside to outside.
g. Temporary security lights at construction sites shall not be
mounted more than fifteen (154 feet above the ground.
Light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
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5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade
any dirt within 100 feet of the nesting zone of a beach where sea
turtles nest or may nest, without obtaining a construction in sea
turtle nesting area permit from the County Manager or designee.
d. Construction or repair of any structure, including, but not
limited to, dune walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during
sea turtle nesting season on any County beaches, except
if permitted structures are damaged by a named storm or
other declared natural disaster and the following conditions
are met:
i 4-. Minor Repair Work. Minor repair work (boards need
to be nailed back to the existing intact structure, or
a few less than 10 percent of the boards need to be
replaced) that can be performed completely from
atop the structure is authorized after obtaining the
necessary approval of the FDEP and notifying
the Courtty
Manager or designee of that work. Work must be
completed within 12 months of the named storm or
declared natural disaster.
ii 2. Major Repair Work. Prior to any repair work
(greater than that described in i T above) or
reconstruction of any part of the structure, the
following information shall be provided so that staff
can determine if the major repair or reconstruction
can occur prior to the end of sea turtle nesting
season:
al- The appropriate permit or authorization from
FDEP, if required.
bZ- The location of all known sea turtle nests.
G_..:'ewneRt_l o.,..,:Ges rrnEo) .-ta The
County Manager or designee will provide
assistance in locating nests. Construction
activities shall not occur within 10 feet of
these boundaries fer of viable nests.
cl- A survey by a qualified coRsultant FFWCC
Dermitted Authorized Gopher Tortoise
Relocation Agent locating any gopher
tortoise burrows on site within 50 feet of the
sifustafe proposed construction. Relocation
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of gopher tortoises will be required when the
burrows are in harm's way of the
construction activity.
d)- Photographs of the site as it existed after
the storm to document the conditions of the
property.
e)- An aerial of the property showing the CCSL
line.
f)- A copy of a CCSL variance or CCSL permit,
if required, and building permit approving
the original construction of the structure.
g)3, Sea turtle nest locations will be
reestablished using their previously
recorded GPS locations and accuracy data
to identify a 95% confidence boundary.
Construction activities shall not occur within
10 feet of these boundaries for viable nests.
Nests will be considered viable for 80 days
from the time the nest was recorded unless
it can be proven that a particular nest has
been damaged by the storm and there is no
chance of any hatchlings.
e -4-. Minor structures, as defined by Florida Statutes
Subsection 161.055, of the Coastal Zone Protection Act of
1985, shall be approved provided that they also comply
with:
i a. Federal requirements for elevations above the 100 -
year flood level,
ii d. Collier County Building Code requirements for flood
proofing,
iii G. Current building and life safety codes,
iv d. Collier County and State of Florida Department of
Environmental Protection CCSL/CCCL regulations,
ve. Applicable disability access regulations of the
American Disability Act (ADA), and
vi f. Any required Collier County zoning and other
development regulations with the exception of
existing density or intensity requirements
established, unless compliance with such zoning or
other development regulations would preclude
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reconstruction otherwise intended by the Build back
Policy as determined by the Emergency Review
Board established herein.
C. Florida Scrub Jay.
(Aphelocoma coerulescens) shall GGRfOFM to the , idel ReS "t' in in
Commission, I.QA . The required management plan shall also provide for
a maintenance program and specify an appropriate fire or mechanical
protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-
site preserve and the need to maintain the scrub vegetation. These
D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required
habitat management plans shall establish protective zones around the
eagle nest restricting certain activities. The plans shall also address
restricting certain types of activities during the nesting season. These
E. Red onnkaded vinadpe6ke Red- Cockaded Woodpecker. For the red -
cockaded woodpecker (Picoides borealis), the required habitat protection
plan shall outline measures to avoid adverse impacts to active clusters
and to minimize impacts to foraging habitat. Where adverse effects can
not be avoided, measures shall be taken to minimize on -site disturbance
and compensate or mitigate for impacts that remain. These requiFemeRtS
_;hg hp Pensigent with the UFWS SA
PaaR May 1999 =
Flnrq '- mar Florida Black Bear. In areas where the Florida black
bear (Ursus americanus floridanus) may be present, the management
plans shall require that garbage be placed in bear - resistant preef
containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting
habitat suitable for black bear shall be considered in the management
plan.
G. Panther. For projects located in
areas Primary and Secondary zones, the management plan shall
discourage the destruction of undisturbed, native habitats that are
preferred by the Florida panther (Fells concolor cory4 by directing
intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood hammocks. In turn, these areas
shall be buffered from the most intense land uses of the project by using
low intensity land uses (e.g., parks, passive recreational areas, golf
courses). Golf courses within the RFMU district shall be designed and
managed using standards found in that district. The management plans
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shall identify appropriate lighting controls for these permitted uses and
shall address the opportunity to utilize prescribed burning to maintain fire -
adapted preserved vegetative communities and provide browse for white -
tailed deer. Thrice eRt hall bp nonsmF;tp-t with the i ionic c and With the PFGVi6i0RG
Florida Multi SpeGieS ReGoveFy set fa Fth lR thiss.mac vtie R.. , ,
H. West Indian Manatee. The management and protection plans
requirements based upon the Manatee Protection Plan for the West
Indian Manatee manatee (Trichechus manatus) are set forth in section
5.05.02.
SUBSECTION 3.N. ADDITION OF NEW SECTION 3.04.03 REQUIREMENTS FOR
PROTECTED PLANTS
Section 3.04.03 Requirements for Protected Plants, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby added to the Land Development Code to read as
follows:
3.04.03 Requirements for Protected Plants
When habitat containing the following listed plants is proposed to be impacted plants
listed as Rare and Less Rare (below) shall be relocated to on -site preserves if the on-
within eight feet of the ground. Plants listed as Less Rare shall be relocated to the on-
site preserves only if the preserves do not already contain these species When
available only two plants per species per acre of plants listed as Less Rare are required
Tillandsia species. Plants listed in this section shall not require the land in which they are
located to be placed in a preserve
Rare Plants
Cowhorn orchid
Cyrtopodium punctatum
Curtiss's milkweed
Asclepias curtissff
Florida clamshell orchid
Encvclia cochleata
Ghost orchid
Polvrrhiza linden
West coast prickly apple
Harrisia gracilis
Less Rare Plants:
Butterfly orchid
Encvclia tampensis
Giant wild -pine
Tillandsia utriculata
Inflated wild -pine
Tillandsia balbisiana
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Stiff - leaved wild -pine Tillandsia fasciculata
Twisted air plant Tillandsia flexuosa
removed as part of an approved preserve management plan.
SUBSECTION 3.0. AMENDMENT AND RENUMBERING OF FORMER SECTION 3.04.03
PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES
Former Section 3.04.03 Penalties for Violation: Resort to Other Remedies, of Ordinance 04 -41,
as amended, the Collier County Land Development Code, is hereby renumbered and amended to
read as follows:
3-0403 3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
section or fails to comply with any of its requirements shall upon conviction thereof be
fined, or imprisoned, or both, as provided by law. Each day such violation continues shall
be considered a separate offense. Each taking of a gopher tortoise shall constitute a
separate violation. It is not the intent to include tortoises that may be accidentally injured
or killed during an approved relocation procedure that is done by a qualified GeRsultaRt
FFWCC permitted Authorized Gopher Tortoise Relocation Agent, in accordance with
their protection /management plan. Any other person, who commits, participates in,
assists in, or maintains such violation may each be found guilty of a separate offense
and suffer the penalties herein provided. The county, in addition to the criminal sanctions
contained herein, may take any other appropriate legal action, including but not limited to
injunctive action, to enforce the provisions of this section.
SUBSECTION 3.P. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. General standards and criteria. The following criteria shall be used to
administer the preservation standards in all unincorporated areas of the
County:
1. Native vegetative communities. The preservation of native
vegetation shall include all naturally occurring strata including
canopy, understory and ground cover emphasizing the largest
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contiguous area possible, except as otherwise provided in section
3.05.07 H.1.e. The term native vegetation is further defined as a
2. Native trees. Where a property has been legally cleared and only
greater, or palms with a minimum of 8 foot of clear trunk shall be
additional tree (18 inch DBH = 1 tree 24 inch DBH = 2 trees 26
inch DBH = 3 trees etc.). Slash pine trees and cabbage palms
shall only be retained on portions of the property with a density of
qualifications in 3.05.07 H.1.g.iii shall not be retained or used for
calculation. Native slash pine trees shall be retained in clusters if
the trees occur in clusters with no encroachment (soil
disturbance) within the drip line or within 30 feet of the trunk
whichever is greater, of any slash pine or hardwood tree
native canopy trees. Areas of retained trees shall not be subject to
the requirements of 3.05.07 R
planted open space shall be in addition to the area used to satisfy
the minimum landscape requirements pursuant to 4.06.00. In lieu
of using actual canopy coverage the following average diameter
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and impervious parking areas.
23. Areas that fulfill the native vegetation retention standards and
criteria for native vegetative communities of this sSection shall be
set aside as preserve areas, subject to the requirements of
section 3.05.07 H.
34. Native vegetation to be retained as preserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.:
a. Wetland or upland areas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
C. Onsite wetlands having an accepted functionality WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
45. Preservation areas shall be interconnected within the site and to
adjoining off -site preservation areas or wildlife corridors.
6 Where vegetation has been illegally cleared the amount of native
vegetation used to calculate the preservation requirement will be
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i. The parcel was issued a County permit to clear
vegetation and remains cleared of native
vegetation.
The parcel was issued a County permit to clear
vegetation for agricultural purposes prior to July
1993 (the date at which the 10 year agricultural
clearing rezone limitation previously identified in the
GMP is achieved) and which remains cleared of
native vegetation.
Iii. If no clearing permit can be found demonstrations
of continuous bona fide agricultural operation along
with issuance of an after - the -fact agricultural
clearing permit from the County will be evidence of
legal clearing. Demonstrations of continuous bona
fide agricultural activities may include but are not
limited to, agricultural classification records from
the property appraiser's office dated aerial
photographs occupational license for agricultural
operation: SFWMD consumptive use permits for
the ongoing agricultural use or other information
such as sworn testimony from previous owners
which establishes the commencement date and the
location of the agricultural operation The rezone
limitation pursuant to 10 02 06 shall apply
requirements and from having on site preserves Setbacks to
preserves shall be in accordance with 3 05 07 H
9. Created preserves are allowed subject to the criteria in 3.05-07 H
10. Fire and fuel breaks within preserves kept to the minimum
requirement.
B. Specific standards applicable outside the RFMU and RLSA districts.
GlAside the RFAA l and RLSA rYe1'.N native
94WFP I .Rd I Ino ge Fnent shall apply. This RpGtion ;hg" Rot apply tG
single family dwelling URitS situated en illdil-g lAt,; 9F paFGe!S.
Outside the RFMU and RLSA Districts native vegetation shall be
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standards and criteria The single family exception is not to be used as an
Required preservation.
2. Exceptions. An exception from the vegetation retention standards
above shall be granted in the following circumstances:
where the parcel was legally cleared of native vegetation
prior to January 1989 and remains cleared of native
vegetation;
b. where the parcel cannot reasonably accommodate both
the application of the native vegetation retention
standards and the proposed uses allowed under this Code,
subject to the criteria set forth in section 3.05.07(H)(1)(e).
H.1.e.
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Coastal High
Non - Coastal High
Development Type
Hazard Area
Hazard Area
Less than
10%
Less than 5
10%
2.5 acres
acres
Equal to or
Equal to or
greater than 5
15%
Residential and Mixed
greater
greater
25%
acres and less
Use development
than
than 20 acres
acres
Equal to or
25%
greater than
20 acres
35%
35%
Golf Course
Less than 5
10%
Less than 5
10%
Commercial and
acres
acres
Industrial development
and all other non-
Equal to or
greater
o
15%
Equal to or
15%
specified development
greater than 5
types
than 5
acres
acres
Industrial development
50 %, not to exceed
50 %, not to exceed
(Rural - Industrial District
25% of the project
25% of the project
only)
site
site.
2. Exceptions. An exception from the vegetation retention standards
above shall be granted in the following circumstances:
where the parcel was legally cleared of native vegetation
prior to January 1989 and remains cleared of native
vegetation;
b. where the parcel cannot reasonably accommodate both
the application of the native vegetation retention
standards and the proposed uses allowed under this Code,
subject to the criteria set forth in section 3.05.07(H)(1)(e).
H.1.e.
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C. Right -of -way acquisitions by any governmental entity for
all purposes necessary for roadway construction including
ancillary drainage facilities and including utilities within the
right -of -way acquisition area.
d. Existing utility easements and easements for ingress or
egress required for neighboring properties
e Previously cleared parcels for support of public
infrastructure and which remain cleared of native
vegetation.
f. Trees and other vegetation planted for landscaping and
which have not been used to satisfy the native vegetation
preservation requirement.
8 inch DBH or palms with less than 8 foot of clear trunk)
and less than 75 percent aerial coverage of native
vegetation. Marshes and similar type environments (640
FLUCFCS Codes) shall not be included in this exception
H. Preserve standards.
Design standards.
b. Minimum dimensions. The .mini., urn ::;d *.h F��e
shall e: Thin linear and perimeter °picture frame - shaped"
preserves are discouraged unless such preserve shapes
are dictated by environmental or environmental regulatory
considerations. Connections to other preserves
conservation areas, natural flowways natural water
bodies water management lakes estuaries government
owned or targeted lands for preservation purposes or
existing listed wildlife habitat when present are
encouraged to establish the largest contiguous natural
area possible.
The following minimum widths shall apply'
twenty feet, for property less than ten acres.
an average of thirty feet in width but not less than
twenty feet in width, for property equal to ten acres
and less than twenty acres.
an average of fifty feet in width but not less than
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twenty feet for property of twenty acres and greater.
iv. If the existing native vegetation does not meet the
minimum dimensions specified above and is
required to be preserved pursuant to the preserve
selection criteria in section 3.05.07 then the
existing native vegetation may be used to satisfy
the preservation requirement.
On -site County required preserves shall be dedicated to
the County as non - exclusive conservation easements
without placing on the County the responsibility for
maintenance of the preserve area and the easement
conveyance to the County shall include the right of access
from existing road right -of -way. The easement shall
dedicate the responsibility of maintenance to a property
owners association or similar entity, and it shall contain
allowable uses and limitations to protect the preserve. All
preserve areas shall be shown on the preliminary and final
plats in accordance with section 10.02.04 with language
similar to Section 704.06 F. S.
No individual residential or commercial lot parcel lines, or
other easements including but not limited to, utility or
access easements that are not compatible with allowable
uses in preserve areas may proiect into a preserve area
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State and federal parks and preserves shall not be
required to place their preserves in a conservation
easement.
Any conservation easement or other document restricting
uses in a preserve area shall contain the following
statement (consistent with CCME GMP Policy 1 1 6)'
"Oil extraction and related processing operations are uses
which are exempt from the restrictions herein and shall
remain allowed uses on the lands described herein,"
Created. preserves. Although the primary intent of GMP
CCME Policy 6.1.1 is to retain and protect existing native
vegetation, there are situations where the application of
the retention requirements of this Policy is not possible In
these cases creation or restoration of vegetation to satisfv
all or a portion of the native vegetation retention
requirements may be allowed In keeping with the intent of
this policy, the preservation of native vegetation off site is
preferable over creation of preserves Created Preserves
shall be allowed for parcels that cannot reasonably
accommodate both the required on -site preserve area and
the proposed activity.
Applicability. Criteria for determining when a parcel
cannot reasonably accommodate both the required
on -site preserve area and the proposed activity
altoa ^^ ^ eated PFeServes include:
(a) Where site elevations or conditions requires
placement or removal of fill thereby harming
or reducing the survivability of the native
vegetation in its existing locations,
(b) Where the existing vegetation required by
this policy is located where proposed site
improvements are to be located and such
improvements cannot be relocated as to
protect the existing native vegetation;
(c) iAther�
saans
plan -
seram
cover
plaRt
create
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aFe $ Sh@11 hP idRRtAnd as aFeated
pFesewes To provide for flood plain
compensation as required by the LDC
(d) When a State or Federal permit requires
creation of native habitat on site. The
created preserve acreage may fulfill all or
part of the native vegetation requirement
when preserves are planted with all t Fee
the appropriate strata; using the criteria set
forth in Created Preserves. This exception
may be granted, regardless of the size of
the project.
(e) When small isolated areas (of less than 1/2
acre in size) of native vegetation exist on
site. In cases where retention of native
vegetation results in small isolated areas of
1/2 acre or less, preserves may be planted
with all three strata; using the criteria set
forth in Created Preserves and shall be
created adjacent existing native
vegetation areas on site or contiguous to
preserves on adjacent properties. This
exception may be granted, regardless of the
size of the project.
(f) When an access point to a project cannot
be relocated. To comply with obligatory
health and safety mandates such as road
alignments required by the State, preserves
may be impacted and created elsewhere on
site.
(g) To provide for connections to on or off site
preserves.
(h) In the RFMU District where upland buffers
required by the LDC lack native vegetative
communities.
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Li(b) Approved created preserves may be used to
recreate:
91() not more than one acre of the required
preserves if the property has less than
twenty acres of existing native vegetation.
!21(23 not more than two acres of the required
preserves if the property has equal to or
greater than twenty acres and less than
eighty acres of existing native vegetation.
cIR not more than 10% of the required
preserves if the property has equal to or
greater than eighty acres of existing native
vegetation.
LY,$) The minimum dimensions shall apply as set forth in
3.05.07 H.1.b.
iv.(d3 All perimeter landscaping areas that are requested
to be approved to fulfill the native vegetation
preserve requirements shall be labeled as
preserves and shall comply with all preserve
setbacks.
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V. Preparation of required planting plans for
preserves.
Preserve olantinq plans shall_ be designed by an
individual with academic credentials and
experience in the area of environmental sciences or
natural resource management. Academic
credentials and experience shall be a bachelor's or
higher degree in one of the biological sciences with
at least two years of ecological or biological
professional experience in the State of Florida.
vi Planting requirements for created preserves.
Soils compatible with the habitat to be created shall
be used to create the preserve. Where compatible
soils are not present a minimum of 6 to 8 inches of
compatible soil shall be used.
Where created preserves are approved, the
planting plan shall re- create a native plant
community in all three strata (ground cover, shrubs
and trees) utilizing larger plant materials to more
quickly re- create the lost mature vegetation.
Environments which do not normally contain all
three strata shall only be required to plant the strata
found in the habitat to be created. Plant material
shall be planted in a manner that mimics a natural
plant community and shall not be maintained as
landscaping Such re- vegetation shall include the
following minimum sizes: one gallon ground cover
7 gallon shrubs canopy trees in the following sizes:
25 percent at 10 feet 50 percent at 8 feet and 25
percent at 6 feet Spacing requirements for
calculating the number of plants shall be as follows:
20 to 30 foot on center for trees with a small
canopy (less than 30 feet mature spread) and 40 to
50 foot on center for trees with a large canopy
(greater than 30 feet mature spread). 10 foot on
center for shrubs 3 foot on center for ground
covers which spread by rhizomes or creeping
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stems or which have a mature height of 2 feet or
more, excluding the bloom and 2 foot on center for
ground covers with a mature height of less than 2
feet, excluding the bloom and which reproduce
Primarily by seed.
Minimum sizes for plant material may be reduced
for scrub and other xeric habitats in order to
promote diversity or where smaller size plant
material is better suited for re- establishment of the
native plant community. Coverage of pine and
hardwoods in scrub habitats shall occupy no more
than 70% of the area of a scrub preserve in order
to create natural open areas for wildlife and native
ground covers. In south Florida slash pine
dominated environments where fire is a concern
the amount of mid -story vegetation planted may be
reduced to promote the growth of native ground
covers reduce the threat of wildfire and to promote
use of the preserve by listed species
Three gallon container saw palmetto (Serenoa
repens) may be used in lieu of seven gallon
containers. South Florida slash pine (Pines OWN
var densa) trees may be planted in the following
sizes: 25 percent at 6 feet and 75 percent at 4 feet
with a spacing requirement of 40 feet on center for
calculating the number of slash pines to be planted
Mangrove trees may be planted as three gallon
size containers but must be planted a minimum of
five to seven foot on center for calculating the
number of mangroves to be planted if planted at
this size. Ground covers in estuarine and other
aquatic environments may be planted as liners or
bare root plants.
Upland or seasonally wet preserves with extended
dry periods shall detail a method of providing water
until the plants are established
vii Supplemental planting requirements within
preserves.
Supplemental plantings in the strata required to
restore the habitat to its natural condition shall be
added to preserves where prior clearing or
disturbance or the removal of non - native and /or
nuisance vegetation has created open areas with
little or no native vegetation Plant material shall
be planted in a manner that mimics a natural plant
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community and shall not be maintained as
landscaping Supplemental plantings must be of the
species typical of the native habitats being restored
and take into consideration the requirements of any
listed species using the preserve.
Areas defined as "native vegetation" pursuant to
this section and required to be retained as
preserves shall only be required to plant material in
the sizes specified in this subsection and not in the
sizes required for created preserves Supplemental
plantings within preserves shall be in accordance
with requirements specified in approved state and
federal permits for a project Where not specified in
the State and Federal permits for a project,
supplemental plantings within County required
preserves shall adhere to the following minimum
standards one gallon or liner ground covers, three
gallon shrubs and four foot high trees. Ground
covers in aquatic environments may be planted as
bare root plants.
Natural recruitment of native groundcovers may be
used in areas where native groundcovers would be
expected to regenerate on their own If within a
two -year period the coverage of ground covers is
less than that typically found in environments
containing these species then supplemental
planting with native ground covers or distribution of
native seed shall be required. A planting plan with
schedule for planting or distributing native seed
shall be included as part of the preserve
management plan in case sufficient natural
recruitment of groundcovers has not occurred.
Natural recruitment of south Florida slash pine
(Pinus elliottii var densa) may be used where south
Florida slash pine would be expected to regenerate
on their own If within a two -year period the number
of pine seedlings is less than that needed to
regenerate the habitat type then supplemental
planting with south Florida slash pine or distribution
of south Florida slash pine seed shall be required.
A backup planting plan with schedule for planting or
distributing seed shall be included as part of the
preserve management plan in case sufficient
natural recruitment has not occurred. South Florida
slash pine trees may be planted as seedlings in lieu
of planting four foot high trees for individual
preserves 100 or more acres in size.
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Restoration of mangroves shall be with one to three
gallon container mangroves unless otherwise
permitted by State and Federal permitting
agencies.
Minimum sizes for plant material may be reduced
for scrub and other xeric habitats in order to
promote diversity or where smaller size plant
material is better suited for re- establishment of the
native plant community. Coverage of pine and
hardwoods in scrub habitats shall occupy no more
than the 70% of the area of a scrub preserve in
order to create natural open areas for wildlife and
indigenous ground covers.
viii. Success criteria.
Success shall be demonstrated for created
preserves and supplemental planting within
preserves 5 years after installation of plant material
and shall be included with the monitoring report
Before and after photos taken from specific or
permanent field markers to identify the locations
within the preserve shall be included in the above
mentioned monitoring report Demonstration of
success shall include the following
a) 80% vegetative coverage has been attained
within the preserve.
b) Native vegetation is within the range of
species diversity, density and distribution
documented within either reference sites or
from literature references for the specific
habitat types.
C) Native vegetation characteristic of the
habitat are reproducing in the vegetative or
seeding manner typical of the species
d) When permitted through the Water
Management District using UMAM overall
UMAM scores must indicate that the
preserves have attained or are clearly
trending toward the "with - mitigation" scores
used to determine success.
f. Off -site vegetation retention
E Applicability A property owner may request that all
or a portion of the Collier County on -site native
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vegetation preservation retention requirement be
satisfied offsite for only the following situations and
subject to restrictions listed below.
a) Properties zoned commercial or industrial
where the on -site preserve requirement is
less than 2 acres in size.
b) Park sites where the on -site preserve
requirement is less than one acre in size.
C) Essential service facilities other than
parks for anv size preserves.
d) Preserves less than one acre in size.
e) Affordable housing projects. The
maximum percent of native vegetation
retention allowed offsite shall be equal to
the percent of affordable housing units
without limitation as to size of the preserve.
f) Existing or proposed preserves with 75
percent or more coverage with exotic
vegetation Existing preserves not
previously overrun with this type vegetation
and which arrive at this state due to lack of
management of the preserve shall mitigate
off site at a ratio of 2 to 1.
q) Created preserves which do not meet the
success criteria in 3.05.07 H.1.e.viii or
where preserves have not been planted in a
manner which mimics a natural plant
community.
h) Preserves which do not meet the minimum
dimensional requirements of this section.
i) Portions of preserves located within platted
single - family lots.
j) Right of Way acquisitions to be conveyed
or in the process of being conveyed to the
County by non - governmental entities for all
purposes necessary for roadway
construction including ancillary drainage
facilities and including utilities within the
right of way acquisition area.
k) All criteria listed for created preserves.
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ii. Restrictions, when one or more of the following
situations occur.
a) Xeric scrub and hardwood hammocks which
are one acre or more in size mangrove
(excluding mangrove fringes less than 40
feet in width on artificially created
shorelines) coastal dune and strand
environments, and listed species habitat or
corridors per the requirements or
recommendations of the FFWCC or
USFWS shall not be allowed to have the
on -site native vegetation preservation
retention requirement provided offsite
b) Preserves_ shall remain onsite if located
contiguous to natural flowways required to
be retained per the requirements of the
SFWMD, natural water bodies estuaries
government required preserves (not
meeting the offsite preservation criteria
herein) NRPAs or contiguous to property
designated for purchase by Conservation
Collier or purchased by Conservation
Collier, or contiguous to properties
containing listed species nests buffers
corridors and foraging habitat per the
requirements or recommendations of the
FFWCC or USFWS. For the purpose of this
section, natural flowways shall also include
those identified during wetland permitting
with applicable state and federal agencies
regional drainage studies or surface water
management permits.
C) Remaining portions of on -site preserves
must be a minimum of one acre in size and
shall not meet the offsite criteria of sub-
section 3.05.07 H.1.f.i.(f) and (g) above
unless preserved with higher quality habitat
not qualifying for the off -site native
vegetation retention alternative.
iii. Off -site Alternatives Off -site native vegetation
retention requirements may be met by monetary
payment or by land donation
a) Applicants shall make monetary payment
to Collier County. Such funds will be used
by the County for the purchase and
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management of off -site conservation lands
within the county. The monetary payment
shall be based on the location of the land to
be impacted and be equal to 125 percent of
the average cost of land in the Urban
Designation or 125 percent of the average
cost for all other Designations, as
applicable as defined by the FLUE,
purchased by Collier County, through the
Conservation Collier program. This
monetary payment shall be made prior to
the preconstruction meeting for the SDP or
final plat construction plans.
b) In lieu of monetary payment applicants may
choose to donate land for conservation
purposes to Collier County or to another
government agency. In the event of
donation to Collier County, the applicant
may acquire and subsequently donate land
within the project boundaries of Winchester
Head North Golden Gate Estates Unit 53,
another multi - parcel project or any other
land designated by Conservation Collier
donation acceptance procedures.
Applicants who choose to donate land
shall be required to demonstrate that the
land to be donated contains native
vegetation communities equal to or of
higher priority (as described in subsection
3,05-07 A) than the land required to be
preserved onsite. In no case shall the
acreage of land donated be less than the
acreage of land required to be preserved
onsite. Land donated to satisfy the off -site
vegetation retention requirement must be
located entirely within Collier County.
Donations of land for preservation shall be
made to a federal state or local government
agency established or authorized to accept
lands for the conservation and management
of land in perpetuity, subject to the policies
and procedures of the receiving entity.
Lands donated to Collier County must
include a cash payment for management of
the land The amount of this payment shall
be equal to 25 percent of the average cost
of land in the Urban Designation or 25
percent of the average cost in all other
Designations as applicable as defined by
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the FLUE, purchased by Collier County,
through the Conservation Collier program
Applicants shall provide evidence that
donations of land for preservation and
endowments for management have been
accepted by and donated to the entity
stated above, at the time of the
preconstruction meeting for the SDP or final
Plat construction plans Exotics shall be
removed in accordance with the time frames
provided in 3.05.07 H.2. State and Federal
agency requirements for mitigation
remediation and monitoring for the donated
land shall be the responsibility of the
applicant.
iv. PUD zoning. Where the off -site native vegetation
retention alternative is used for portions of
preserves not identified on a PUD master plan a
PUD amendment is not required Preserves or
portions of preserves identified on a PUD master
plan shall require an amendment to the PUD
master plan to use the native vegetation retention
alternative subject to 10 02 13 E unless the option
to use the off -site native vegetation retention
alternative is included in the PUD.
Preserve management plans. Criteria i, ii, vii and viii below
are required for all preserves whether a management plan
for the preserve is required or not Preserve Management
Plans shall be required for all properties with 5 acres or
more of preserve or where listed species are utilizing the
preserve or where the preserve contains habitat which
requires management for fire (such as pine flatwoods
palmetto prairie or scrub). The Preserve Management Plan
shall identify actions that must be taken to ensure that the
preserved areas will maintain natural diversity and function
as proposed. A Preserve Management Plan shall include
the following elements:
General Maintenance. Preserves shall be
maintained in their natural state and must be kept
free of refuse and debris.
i. Exotic vVegetation Removal, Non - native
vVegetation, and Nuisance or Invasive Plant
Control. Exotic vegetation removal and
maintenance plans shall require that Category I
Exotics be ferneved eradicated from all preserves.
All exotics within the first 75 feet of the outer edge
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of every preserve shall be physically removed, or
the free vegetation cut down to grade cut debris
removed and the stump treated. Exotics within the
interior of the preserve may be approved to be
treated in place if it is determined that physical
removal might cause more damage to the native
vegetation in the preserve. When prohibited
exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with
an U.S. Environmental Protection Agency approved
herbicide and a visual tracer dye shall be applied.
Any person who supervises up to eight people in
the application of pesticides and herbicides in the
chemical maintenance of exetiG vegetat:en exotic
vegetation in preserves, required retained native
vegetaiiert native vegetation areas, wetlands, or
LSPA shall maintain the Florida Dept. of Agriculture
and Consumer Services certifications for Natural
Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be
treated. Control of exotics shall be implemented on
a yearly basis or more frequently when required,
and shall describe specific techniques to prevent
reinvasion by prohibited exotic vegetation of the
site in perpetuity. NGR native vegetation and
nNuisance or invasive plants and non - native
ornamental vegetation shall be removed eradicated
from all I? preserves.
•_
�
.��
shall be pFevided FegaFding the developeF. Path
FRaRagemeRt of the presewe. At that time, the
m;n6murn, the PFeserve MaRageF shall have the
02 QX3.
Designation
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Manager shall be responsible for providing the
developer /property owner with technical assistance
regarding management needs for the preserve and
compliance with the Preserve Management Plan
At a minimum the Preserve Manager shall have
academic credentials and experience in the area of
environmental sciences or natural resource
management. Academic credentials and
experience shall be a bachelor's or higher degree
in one of the biological sciences with at least two
years of ecological or biological professional
experience in the State of Florida The individual's
name, address and phone number shall be listed
on the Preserve Management Plan The same
contact information shall be provided regarding the
developer /property owner. Changes in the Preserve
Manager hired to manage the preserve shall be
documented in the monitoring report for the
preserve.
iv. Wildlife Habitat Management. Where habitats must
be managed with regards to the species utilizing
them, Wildlife Habitat Management strategies may
be required to provide for specialized treatment of
the preserve. Where protected species are
identified, management strategies shall be
developed and implemented in accordance with
section 3.04.00. Where tp diti
PFeSGFdb8d bLIFRS, a fire Rt plan 1 be
developed and Ple neRte d
The County will
accept state and federal management plans that
are consistent with the requirements of the LDC
Hunting is permissible in preserves where
expressly approved by the Board of County
Commissioners.
Fire Management Special land management
practices to control fire or to maintain species
diversity in the absence of fire must be included as
part of the Preserve Management Plan for those
habitats requiring these practices Fire
Management plans may include removal of dead
vegetation or periodic thinning of living vegetation
to improve forest health and mimic the natural
effects of fire as appropriate for the habitat type
and surrounding land uses Fuel and fire breaks
shall be kept to a minimum necessary to control fire
and should be coordinated with the State of Florida
Division of Forestry, as part of a fire suppression
plan The annual inspection monitoring report
required pursuant to ix (below) shall document with
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photographs the coverage and types of vegetation
to be cleared for fuel management, prior to
clearing Where listed species have been
documented within the preserve the annual
inspection monitoring report shall require surveys
for the nests burrows or cavities of listed species
that may be affected by the land management
practices no more than six months prior to
clearing if gopher tortoises occur in the area or
within the time frames recommended by the
FFWCC and USFWS Fire Management plans shall
be consistent with wildlife habitat management
plans approved by Collier County.
vi Vegetation Removal Permits. Vegetation Removal
Permits shall not be required to implement
Preserve Management Plans and firewise safety
plans that specify land management practices for
clearing for fuel management or fire lines in
accordance with normal forestry practices and
which have been approved pursuant to this section
State and Federal agency permits or approvals
shall be required where applicable prior to
clearing.
Vegetation Removal Permits shall not be required
to remove dead dying or leaning trees which pose
a safety concern unless they contain a nest or
cavity of a listed animal species or bald eagle. The
annual inspection monitoring report required
pursuant to ix (below) shall document with
photographs trees to be removed for safety
concerns.
vii. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction
and signage during and after construction that are
consistent with section 3.05.04.
viii. Monitoring for Preserves Receiving Treated
Stormwater. A monitoring program must be
implemented for preserves that will receive
Stormwater pursuant to the requirements of section
3.05.07. The monitoring program must include
protocols to conduct vegetation surveys and
monitoring for ground and surface water levels. The
Preserve Management Plan shall include a
schedule requiring a baseline monitoring report
followed by 5 annual monitoring reports. Monitoring
reports for Stormwater_ within preserves shall be
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included as part of the annual inspection monitoring
reports pursuant to ix (below) The County will
accept wetland monitoring reports submitted to the
South Florida Water Management District as long
as the reports conform to the minimum
requirements provided herein and includes all of
the Preserves receiving stormwater. Compatible
vegetation must be planted to replace upland
vegetation that may be lost as a direct result of the
introduction of stormwater into the preserve
ix. Inspections and Monitoring The property owner
shall provide for inspections of all on -site preserves
by the Preserve Manager on an annual basis at a
minimum or more frequently when required to
ensure the preserve functions as intended The
results of the inspections and recommendations of
the Preserve Manager, must be included in a
monitoring report on an annual basis at a
minimum. The property owner shall retain copies of
the five most recent years of monitoring reports and
make them available to Collier County upon
request.
X. Preserve Site Plan. A Preserve Site Plan with
FLUCFCS
Codes for each of
the habitat types
within the
preserve must be included as part of the
Preserve
Management Plan
The location
of
Pathways
and other approved
uses within
the
Preserve must be included on
the Preserve
Site
Plan.
xi. The requirements of criteria v, vi, viii, ix, and x shall
not apply to projects with County permits or
approvals including approved Preserve
Management Plans issued prior to reffective date of
this Ordinance].
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the preserve as long as any clearing required to facilitate
these uses does not impact the minimum required native
vegetation or cause loss of function to the preserve. Loss
of function to the preserve includes unacceptable changes
in vegetation within the preserve or harming any listed
of harm to listed species shall be made by FFWCC or
USFWS and pathways structures or improvements
within preserves containing listed species shall be in
accordance with permits or authorizations from these
agencies.
The following passive uses are allowed within
preserves.
a) Pervious and impervious pathways and
boardwalks subiect to the following criteria:
Recommended widths_ for
pedestrian pathways is 5 feet.
Widths greater than 8 feet may be
allowed where pathways serve as
fire breaks in accordance with a fire
suppression plan approved by the
State of Florida Division of Forestry.
Minimum widths for shared use
paths for use by golf carts trams
bicycles loggers etc. is 10 feet.
Widths greater than 12 feet may be
allowed where pathways serve as
fire breaks in accordance with a fire
suppression plan approved by the
State of Florida Division of Forestry.
Golf cart paths for golf course use
shall be designed for golf course
access only.
NO Impervious pathways shall be
limited to no more than one percent
of the area of the preserve.
Pathways over this amount shall be
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either pervious pathways or
boardwalks.
iv) Where feasible pathways shall be
designed to maintain existing
vegetation and larger trees
Pathways in scrub habitat lacking
canopy should be avoided
V) Where a minimum preserve width of
20 feet cannot be maintained on
either side of pathways the
pathway shall be located alonq the
side of the preserve.
vi) Pathways shall not interfere with the
nests, dens, burrows or roosts of
listed species or the nests of bald
eagle, unless permitted or
authorized by the FFWCC or
USFWS.
vii) Pathways other than boardwalks
shall be at or on natural grade
unless constructed on berms for the
stormwater management system
Slopes for stormwater management
berms in or adjacent to preserves
shall be stabilized and planted with
100% south Florida native species
compatible with the habitat present
in the preserve.
b) Shelters without walls
C) Educational siqnaqe and bulletin boards
located on or immediately adjacent to the
pathway.
d) Benches for seating
e) Viewing platforms
f) Wildlife sanctuaries for indigenous free
roaming wildlife. Wildlife parks wildlife
rehabilitation centers and similar type uses
with non- indigenous wildlife or caged or
enclosed wildlife, shall not be allowed within
preserves.
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q) Conservation- related and recreational
activities comparable in nature with the
aforementioned uses as determined by the
County Manager or designee.
h. The requirements of this subsection
(3.05.07 H.1.h.i) shall not apply to preserve
Pathways, structures or improvements
that had permits prior to [effective date of
this OrdinancM. Existing pathways
structures or improvements that had
Permits may be repaired maintained and
replaced within the existing footprint of the
Pathway, structure or improvement
ii Stormwater subject to the following criteria
a) Nothing in this section shall exempt any
system from complying with the stormwater
management design standards as set forth
by the South Florida Water Management
District.
b) Preserve areas shall not be used to meet
water quality requirements as set forth in
Section 5.2.1(a) of the Basis of Review for
Environmental Resource Permit
Applications for the South Florida Water
Management District or the Watershed
Management regulations of Section 3.07.00.
C) Discharge of stormwater into a preserve
shall be in a controlled manner to prevent
erosion, scour, and to promote even
distribution.
d) Stormwater may be discharged into
Preserves comprised of:
1 jurisdictional wetlands and the
minimum required upland buffer
around these wetlands in
accordance with an approved
SFWMD Environmental Resource
Permit (ERP)
ii I uplands comprised primarily (greater
than 50 percent by area) of hydric
soils as mapped by the Natural
Resources Conservation Service
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(NRCS) or as determined by in situ
hydric indicators;
iii non - jurisdictional areas dominated
by hydrophytic (Obligate (OBL) &
Facultative Wet (FACW)) vegetation;
jyj or a combination thereof.
e) Where preserves include uplands
comprised of greater than 50% by area of
non - hydric soils and not addressed in
subsection 3 05 07 H.1.h.ii.d (above),
stormwater may be discharged into said
preserves provided the following criteria are
met,
1 If gopher tortoise red - cockaded
woodpecker, Big Cypress fox
squirrel scrub jay or the nests of
bald eagle are present technical
assistance from the FFWCC or
USFWS shall be provided indicating
that no harm to these species or
their habitat will occur due to
discharge of stormwater into the
preserve Technical assistance must
be site specific;
i Demonstration that the upland
portion of the preserve is not
inundated for more than 30
consecutive days during a reference
wet season as demonstrated
through stormwater modeling For
the purpose of this subsection, the
reference wet season is May 1996
through October 1996 In this
context inundation means water
levels averaging greater than 2"
above the average ground surface of
the preserve;
or. if on -site groundwater data exists
during a normal wet season the
applicant must demonstrate that the
addition of stormwater to the
preserve will not cause the
groundwater elevation in the
preserve to exceed the existing
recorded peak groundwater
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elevation A wet season typically
spans June through November, and
rainfall is considered normal if the
monthly totals during a given wet -
season fall within 25 percent of the
average rainfall volume per month
as computed using nearby long -term
regional rainfall data:
ii Stormwater shall not be directly
discharged into land designated as
322, 413, or 421 FLUCFCS Codes
f) When stormwater discharges are allowed in
preserves, the associated stormwater
facilities such as berms swales or outfall
structures, may be located within the
preserve, but the area of such facilities
cannot count towards the native vegetation
preservation requirement pursuant to
section 3.05.07. These facilities are not
subject to setback requirements as found in
subsection 3.05.07 H.3. These facilities may
be placed in a drainage easement
g) Where stormwater discharges are allowed
in preserves the Preserve Management
Plan as required in 3.05.07 must include a
monitoring program. In the event
stormwater introduced into a preserve
results in unacceptable changes in
vegetation within the preserve then a
remediation plan must be provided and the
Preserve Management Plan revised
accordingly. Unacceptable changes in
vegetation within preserves include
replacement of indigenous vegetation with
non - native species changes in vegetative
composition which are inconsistent with
target plant communities or die -offs of
vegetation which are inconsistent with target
Plant communities.
h) Stormwater shall be allowed in preserves in
the RLSA - WRA areas in accordance with
section 4.08 00 Rural Lands Stewardship
Area Overlay District standards and
procedures.
i) A property owner may request deviations
from the above regulations 3 05 07 H 1 h ii.
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Staff shall review the plans and proposed
deviations to ensure that uplands in the
preserve will suffer no adverse impact
resulting from the proposed deviations The
process for obtaining deviations shall follow
the procedure as set forth in Chapter 2
Article VIII Division 23 of the Code of Laws
and Ordinances appeal before the EAC,
and shall be heard at a public hearing of the
EAC No deviations shall be granted for
322 413 or 421 FLUCFCS Codes.
The requirements of this subsection
(3 05 07 H 1 h ii) shall not apply to
discharge of stormwater into preserves
pursuant to South Florida Water
Management District or County permits or
approvals issued prior to [effective date of
this OrdinanceL
iii. No setback from preserves is required for fences
or retaining walls permitted as part of the
stormwater management system Decorative walls
must be set back a minimum of five feet from the
boundary of preserves Permanent fences and
walls are prohibited within preserves unless
approved by the FFWCC or USFWS as part of an
approved wildlife management plan in accordance
with 3.04.00. Where construction of such
structures impacts native vegetation in the
preserve a restoration plan shall be provided and
included as part of the preserve management plan
No trenching for wall /fence installation is allowed
within 10 feet from preserve boundary, unless
adjacent to a fire break in the preserve. Trenching
is allowed for installation of gopher tortoise fencing
pursuant to FFWCC Gopher Tortoise Permitting
Guidelines and for retaining walls designed to
minimize impacts to native habitat and wetlands
such as those permitted as part of the stormwater
management system.
iv. No setback from preserves is required for
impervious or pervious pathways or other
structures allowed within preserves pursuant to
this section.
V. In those areas of Collier County where oil
extraction and related processing is an allowable
use such use is subject to applicable state and
federal oil and gas permits and Collier County non -
Page 72 of 196
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environmental site development plan review
procedures. Directional - drilling and /or previously
cleared or disturbed areas shall be utilized in order
to minimize impacts to native habitats, where
determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in
Chapter 62C -25 through 62C -30 F.A.C., as those
rules existed on January 13, 2005, regardless of
whether the activity occurs within the Big Cypress
Watershed as defined in Rule 62C- 30.001(2),
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered
satisfied by evidence of the issuance of all
applicable federal and /or state oil and gas permits
for proposed oil and gas activities in Collier County,
so long as the state permits comply with the
requirements of Chapter 62C -25 through 62C -30
F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set
forth in Section 377.42. F.S. to assure compliance
with Chapter 62C -25 through 62C -30, F.A.C. even
if outside the defined Big Cypress Watershed. All
access roads to oil and gas uses shall be
constructed and protected from unauthorized uses
according to the standards established in Rule
62C- 30.005(2)(a)(1) through (12) F.A.C.
SUBSECTION 3.Q. AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS
Section 3.06.06 Regulated Wellfelds, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones, as defined in
section 3.06.03, and criteria specified herein shall be applied to the following wellfields:
A. City of Naples East Golden Gate Well Field.
B. City of Naples Coastal Ridge Well Field.
Page 73 of 196
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C. Collier County Utilities Golden Gate Well Field.
D. Everglades City Well Field.
E. Florida Governmental Utility Authority Golden Gate City Well Field.
F. Orange Tree Well Field.
G. Immokalee Well Field.
H. Ave Maria Utility Company Well Field.
COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
Page 74 of 196
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COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
Illustration 3.06.06 C.
For more detailed information refer to the Collier County Zoning Map at
vdww collieraov net /Index asox ?oaae =992
Page 75 of 196
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FLORIDA GOVERNMENTAL
UTILITY AUTHORITY
GOLDEN GATE CITY
WELL FIELD
Page 76 of 196
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FLORIDA GOVERNMENTAL UTILITY AUTHORITY
GOLDEN GATE CITY WELL FIELD
Illustration 3.06.06 E.
For more detailed information, refer to the Collier County Zoning Map at
lieroov. net/[ ndex. aspx ?oaae =99
Page 77 of 196
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ORANGE TREE
WELL FIELD
$
H ♦ v tl
M � 13
���� OL NFLL 1030 R'RIOq
li o
IZ2 � 13 24 ,,.....� .- ..
Page 78 of 196
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ORANGE TREE
WELL FIELD
10
11
12
7
°
0
14
w
13
srrwa
18
15
STM -2
E
STN! -3
STMA
STN! -2
5TM4
ST/W -3
OIL WELL ROAD
STM'4
ST/W -2
STV -3
22
23
24
19
RANDALL BOULEVARD
Illustration 3.06.06 F.
For more detailed information, refer to the Collier County Zoning Map at
wvvw.colliergoy.net/Index.aspx?pa = 992
Page 79 of 196
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AVE MARIA UTILITY
COMPANY WELL FIELD
Page 80 of 196
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SUBSECTION 3.R. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance
04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
D. Exemptions and exclusions from design standards.
_ .
9. Fences, walls and hedges, subject to section 5.03.02, round
(slab on grade) mounted air conditioners, unenclosed pool equipment and
well pumps, are permitted in required yards, subject to the provisions of
section 4.06.00. (For permanent emergency generator setbacks see
Article IV, section 54 -87 of the Collier Countv Code of Laws and
Ordinances.)
SUBSECTION 3.S. AMENDMENTS TO SECTION 4.02.02 DIMENSIONAL STANDARDS
FOR CONDITIONAL USES AND ACCESSORY USES IN BASE
ZONING DISTRICTS
Section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
A. GC District.
:te 89616PMeRt sales aFe allowable,
p.--.--- - -- aFe RE) - - --- square
- e Re lateFthat ....
Shops excess of
...
words Page 81 of 196
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DRAFT 5/21/10
rr
A District. [RESERVEI
1/TMIMMT
MINN. mumangunim
911 M"MI_ ON
'
NINO-
Page 82 of 196
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rm ■. _
Page 83 of 196
Words stf sk t4sug{i are deleted, words underlined are added
M�e
Ima—
rm ■. _
Page 83 of 196
Words stf sk t4sug{i are deleted, words underlined are added
DRAFT 5/21/10
11111- MMMMM"MMM�
W.M. WIN
.
1 11100
G. C -1 District.
Page 84 of 196
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DRAFT 5/21/10
low -11
- - . --
H. C -2 District.
ma_* asr. �rrr_ asr�r.. iar_�a�rr_tr�:e:u+�- .srr_�r. +nr ...
• " - - • - ' _- .:_:,:: " ... - •.::_.:.fie -
Page 85 of 196
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DRAFT 5/21/10
r1m
MING
C-5 District. [RESERVEDI Child day
Em M-
_ . 38P1Td
•M
Page 86 of 196
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DRAFT 5/21/10
K. I District. 1RESERVEDI
4-
c r� Morenrsrrrm. _
- - - - V -
nn �:en�. ...•
SUBSECTION 3.T. AMENDMENTS TO SECTION 4.02.12 SAME — OUTDOOR STORAGE
Section 4.02.12 Same — Outdoor Storage, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.02.12 Same — Outdoor Storage
r. .irtrrr.�axr. err may be permissible
n- G-Ies- ep than hventy five (25) feet W any PWbIiG street and that
OF yaFds used n whole eF paFt feF SGFaP F2,1 621V2--
SteFage, display, 9F sales ef aRY SGFap, salvage, 9F 6eGGRdhand bull—ding,
Page 87 of '.
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G A. All permitted or conditional uses allowing for outdoor storage, including but not
limited to storage of manufactured products, raw or finished materials, or vehicles
other than vehicle intended for sale or resale, shall be required to screen such
storage areas with a fence, or equivalent landscaping or combination thereof, not
less than seven (7) feet in height above ground level. Said fence or wall shall be
opaque in design and made of masonry, wood, or other materials approved by
the County Manager or designee.
SUBSECTION 3.U. AMENDMENTS TO SECTION 4.02.29 SAME —FARM MARKET
OVERLAY SUBDISTRICT
Section 4.02.29 Same —Farm Market Overlay Subdistrict, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.29 Same Farm Market Overlay Subdistrict
Page 88 of 196
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SUBSECTION 3.V. AMENDMENTS TO SECTION 4.02.32 SAME —MAIN STREET
OVERLAY SUBDISTRICT
Section 4.02.32 Same —Main Street Overlay Subdistrict, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.32 Same —Main Street Overlay Subdistrict
Page 89 of 196
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.frrn��rrsrs
M: 126-01
x + x x x x + x + x + x
SUBSECTION 3.W. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD)
Section 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD),
of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict
(MXD)
+ + x + x x + x + x + x
B. Regulations For Outdoor Display and Sale of Merchandise.
+ x + + x • x x x x x x
GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport- Pulling
Road and Commercial Drive
(For illustrative purposes only)
Page 90 of 196
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Fw Satb.*Zone
M&ad UM Subdistrict
and Gt Uvough CS
ComnMtatal Zonhp
WShlcb
R
From SeUwck zone
Mbrad Use Subdhblct
and C-1 through F5 - -
Commreial Zoning
Disbi
i
i
!� t
Davis Boulevard, US 41 Commercial Drive
and Airport- Pulling Road
Root Seta Zone Front Sefi,& KZone
Mbrad Use Subdfsblct ML <ed Usa S d diswat
and C-1 Through F and C-1 through C S
Convngf Jal Zoning Commercial Zoning
D1s ft e< Districts
I III
Davis Boulevard, US 41 Commercial Drive
and Airport- Pulling Road
Page 91 of 196
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.,
'
.,,�..
,3 u
an iii
ii
■
Davis Boulevard, US 41 Commercial Drive
and Airport- Pulling Road
Root Seta Zone Front Sefi,& KZone
Mbrad Use Subdfsblct ML <ed Usa S d diswat
and C-1 Through F and C-1 through C S
Convngf Jal Zoning Commercial Zoning
D1s ft e< Districts
I III
Davis Boulevard, US 41 Commercial Drive
and Airport- Pulling Road
Page 91 of 196
Words stfeek throng la are deleted, words underlined are added
DRAFT 5/21/10
GTMUD Figure 3. 3 -Story Building Height, Step Back, Projections, and Recesses
(For illustrative purposes only)
Mixed Use Subdistrict/ Residential
above Commercial or Residential
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
a stories
Maximum Actual Height: 126 Feet
fteWm.xbn«n 4/eMA Root
Commercial Zoning Districts
Heights according to current LDC
i
+o FaefMWrtx,n Rw Vw U. C*
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GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step -Back Projections and Recesses
Page 92 of 196
Words are deleted, words underlined are added
DRAFT 5/21/10
Mixed Use Subdistrict/Residential
above Commercial or Residential
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Pe..Pelm.Imum 4F .a .Raul
Commercial Zoning Districts
Bohom o/Eava Llne w7op oiBmdvp Raa/
Heights according to current LDC
g
fO PaetMNlmum
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GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step -Back, Projections and Recesses
Page 93 of 196
Words sti �^1. dire g are deleted, words underlined are added
2�
d
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9
DRAFT 5/21/10
GTMUD Figure 4. 4 -Story Building Height, Step Back, Projections, and Recesses
(For illustrative purposes only)
Mixed Use Subdistrict(Residential
above Commercial or Residential
Only Fronting on US 41:
4 Stories
Maximum Actual Height., 70 Feet
Mini Triangle Mixed Use,,,,,,,,,,,,,,,e,,,m,.,
a stoles
Bottom o/Em /LesnTap alBUR+pR
Maximum Actual Height 126 Feet
Commercial Zoning Distrfcts
..,,.,
Heights accorrlingto current t.DC
-
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GTMUD
Mixed Use Subdistrict and C -1 through C-5 Districts:
Building Height Step -Back Projections and Recesses
Page 94 of 196
Words stmok thFaugh are deleted, words underlined are added
Mixed Use SubdistrietResldential
above Commercial or Residential
Only Fronting on US 41:
4 stories
Maximum Actual Height: 70 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height 126 Feet
Commercial Zoning Districts RmJxlfort,
Heights according to current LDC .AlI a w
Wkanla L
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DRAFT 5/21/10
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GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step -Back, Projections and Recesses
Page 95 of 196
Words strdsk thf�augh are deleted, words underlined are added
y�
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DRAFT 5/21/10
C. Parking Standards
* * * * * * * * * * *
1. Mixed Use Projects
d. Parking Location
i. Off - street parking in front of buildings abutting US 41,
Davis Boulevard or Airport- Pulling Road shall not exceed
50% of that building's parking requirement.
a) The design shall be a single -aisle double - loaded
parking lot.
b) The remaining parking required shall be located on
the side or rear of the building.
QTMUD • Mixed Use Subdisdet:
Loeatlon of Of SimW Panting
u OMR4ENHUC I
Parking Location
(For illustrative purposes only)
i rear of Front Yard
Bu11d4o Une.
rnaf Yaa euwlotaa
rmtYadewn+oua
__II aPB1�n
Corner Loft
100 % ofpaddng
parmided on side or
a
Su!!d- fo-Llne.
�Y" auna.rourr
Page 96 of 196
Words gtFUGIE : are deleted, words underlined are added
DRAFT 5/21/10
GTMUD -Mixed Use Subdistrict
Location of OH Street Parking
,mz
L MIF / • L 1 •
I s
i
Pnticdbwf
GTMUD Figure 5
SUBSECTION 3.X. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS
Section 4.05.02 Design Standards, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.05.02 Design Standards
M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in
size or sixteen (16) feet in depth measured from the aisle width to the face of the wheel
Page 97 of 196
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DRAFT 5/21/10
stop except in the case of parallel parking where the dimension of the space shall be
nine (9) feet by twenty -three (23) feet for spaces running parallel to the driveway which
affords access to said spaces. As an alternative, nine (9) feet by eighteen (18) feet
spaces may be used in which case there must be a six (6) foot marked clear zone space
in front of or in back of every space. See Exhibit "A" for typical off - street parking design.
All parking spaces for the exclusive use of compact vehicles indicated on an approved
site development plan, and any subsequent amendments thereto, shall be counted as
standard parking spaces.
Page 98 of 196
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L
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DRAFT 5/21/10
Page 99 of 196
Words s#uek through are deleted, words underlined are added
mm off -amu r
p.>. ,Y
PAWNC 9SSICM
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Sum= MaMme
EXHIBIT A
Page 99 of 196
Words s#uek through are deleted, words underlined are added
•_' IIT,
t `—ice
L
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0
V_
TYPICAL OFF- STREET
_
PARKING DESIGN
1
DIVISION 2.3
we
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SERVICES DEPARTMENT
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19 ]AN 96
N.T.S.
EXHIBIT A
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DRAFT 5/21/10
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_
PARKING DESIGN
1
DIVISION 2.3
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SERVICES DEPARTMENT
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DRAFT 5/21/10
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TYPICAL OFF- STREET
_
PARKING DESIGN
1
DIVISION 2.3
9
te.url
COLLIER COUNTY DEVELOPMENT
SERVICES DEPARTMENT
f
19 ]AN 96
N.T.S.
EXHIBIT A
dp
TYPICAL OFF- STREET
_
PARKING DESIGN
DIVISION 2.3
9
tEF
COLLIER COUNTY DEVELOPMENT
SERVICES DEPARTMENT
f
19 ]AN 96
N.T.S.
EXHIBIT A
Page 100 of 196
Words sEla ek thmugh are deleted, words underlined are added
DRAFT 5/21/10
SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE
REQUIREMENTS
Section 4.05.04 Parking Space Requirements, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.05.04 Parking Space Requirements
E. Required off - street parking shall be located so that no automotive vehicle when
parked shall have any portion of such vehicle overhanging or encroaching on
public right -of -way or the property of another. If necessary, wheel stops or
barriers may be required in order to enforce this provision.
F. Required off - street parking according to the requirements of this Code shall not
be reduced in area or changed to any other use unless the permitted or
permissible use that it serves is discontinued or modified, or equivalent required
off - street parking is provided meeting the requirements of this Code.
G. Minimum requirement.
1. Irrespective of any other requirement of this LDC, each and every
separate individual store, office, or other business shall be provided with
at least one (1) off - street parking space, unless specific provision is
made to the contrary.
2. The County Maaanager or designee may determine the minimum parking
requirements for a use which is not specifically referenced below or for
which an applicant has provided evidence that a specific use is of such a
unique nature that the applicable minimum parking ratio listed in this LDC
should not be applied. In making such a determination the County
Manager or designee may require submission of parking generation
studies; evidence of parking ratios applied by other counties and
municipalities for the specific use; reserved parking pursuant to section
4.05.05; and other conditions and safeguards deemed to be appropriate
to protect the public health, safety and welfare.
H. Spaces required.
Table 17. Parking space requirements.
Page 101 of 196
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SUBSECTION 32. AMENDMENTS TO SECTION 4.06.01 GENERALLY
Section 4.06.01 Generally, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION
4.06.01 Generally
D. Landscaping with Sight Design Triangles.
Safe sight distance triangles at intersection and access points. (Refer to
Figure 4.06.01 D., Sight Distance Triangles). Where a driveway /access
way intersects a right -of -way or when a property abuts the intersection
of two or more rights -of -way, a minimum safe sight distance triangular
area shall be established. Within this area, vegetation shall be planted
and maintained in a way that provides unobstructed visibility at a level
between 30 inches and 8 feet above the crown of the adjacent roadway.
Landscaping shall be located in accordance with the roadside recovery
area provisions of the State of Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance of streets and Highways (DOT Green Book) where
appropriate. Posts for illuminating fixtures, traffic control, and street name
signs shall also be permitted, so long as the sign or equipment is not
within the prescribed clear space.
Where an accessway enters a right -of -way, two safe distance triangles
shall be created diagonally across from each other on both sides of the
accessway. Two sides of the triangle shall extend 10 feet each way from
the point of intersection from the edge of pavement and the right -of -way
line. The third side of the triangle shall be a line connecting the ends of
the other 2 sides.
Page 102 of 196
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A
Shr"I PrvwnalL
Icr
1
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DRAFT 5/21/10
Ara of Rkso .- J+�
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TIS. wnk
3li ht. mos. Ipe
la EOgr of Porrmurt 1�t W�
CROSS SECTION A-A' ;JnLeraecticn of Orivener and Street
Sant
2v —I
at Rights
(P,.*. Liter)
PLAN : Street WWOM60"
Page 103 of 196
Words st+ualEtzhFeug are deleted, words underlined are added
Right of Way
(Prep. Link)
Buffer
Triangles of Required
Cross Visobility
(Hatched Areas)
Street Pavement
Driveway
-8' hl. min.
clear trunk
10'
-30- nt. ma..
DRAFT 5/21/10
I
PLAN : Intersecton of Drivewoy and Street
Area of Required. ti
Cross Nsibilily
I
B truk
30" ht. ma.. nI
sod Driveway 3' V« —�
sod
of Pavement -- 10'
CROSS SECTION A —A' Intersection of Driveway and Street
I
I
CLEAR AREA FOR fl
SIGHT DISTANCE tl„
I
/ v
J/ R W
i
PAVEMENT
I �I
I I
I I
LOCAL ROADWAY IN SUBDIVISION
Figure 4.06.01 D — Sight Distance Triangles
A
r- -Right of Way
(Prop. Line)
Where a property abuts the intersection of two rights -of -way, a safe
distance triangle shall be created. Two sides of the triangle shall extend
30 feet along the abutting right -of -way lines, measured from the point of
intersection. The third side of the triangle shall be a line connecting the
Page 104 of 196
Words .><,u.,'-t,'^ g are deleted, words underlined are added
A
Swale
Sidewalk
Buffer
Triangles of Required
Cross Visobility
(Hatched Areas)
Street Pavement
Driveway
-8' hl. min.
clear trunk
10'
-30- nt. ma..
DRAFT 5/21/10
I
PLAN : Intersecton of Drivewoy and Street
Area of Required. ti
Cross Nsibilily
I
B truk
30" ht. ma.. nI
sod Driveway 3' V« —�
sod
of Pavement -- 10'
CROSS SECTION A —A' Intersection of Driveway and Street
I
I
CLEAR AREA FOR fl
SIGHT DISTANCE tl„
I
/ v
J/ R W
i
PAVEMENT
I �I
I I
I I
LOCAL ROADWAY IN SUBDIVISION
Figure 4.06.01 D — Sight Distance Triangles
A
r- -Right of Way
(Prop. Line)
Where a property abuts the intersection of two rights -of -way, a safe
distance triangle shall be created. Two sides of the triangle shall extend
30 feet along the abutting right -of -way lines, measured from the point of
intersection. The third side of the triangle shall be a line connecting the
Page 104 of 196
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DRAFT 5/21/10
ends of the other 2 sides.
The developer shall comply with all of the provisions of the applicable
landscape requirements and this section 4.06.00 at the time of
subdivision or development approval or when applicable.
SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
t
D. Plant Material Standards.
4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained
at a minimum height as specified in Section 4.06.02.C.4- except where
street visibility at street and driveway intersections is required and where
pedestrian access is provided. Shrubs and hedges shall screen the
adjacent pavement surface or developed property required to be
buffered and /or screened. Hedges, where required, shall be maintained
so as to form a continuous, unbroken, solid visual screen within a
minimum of one year after time of planting.
SUBSECTION 3.613. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION
Section 4.08.07 SRA Designation, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.08.07 SRA Designation
K. SRA Public Facilities Impact Assessments. Impact assessments are intended to
identify methods to be utilized to meet the SRA generated impacts on public
facilities and to evaluate the self- sufficiency of the proposed SRA with respect to
these public facilities. Information provided within these assessments may also
indicate the degree to which the SRA is consistent with the fiscal neutrality
requirements of Section 4.08.07 L. Impact assessments shall be prepared in the
following infrastructure areas:
7. Public Schools. The applicant shall coordinate with the Collier County
School Board to provide information and coordinate planning to
accommodate any impacts that the SRA has on public schools. As part
of the SRA application, the following information shall be provided:
Page 105 of 196
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DRAFT 5/21/10
a Number of resadeRtial uRitr by School Impact Analysis
(SIA) for a determination of school capacity only (refer to section
10.04.09 for SIA requirements); and
h. AR ..n #;Fn;;4e of the n rRbeF of sGheal aged children b.r __Gh type
G b. The potential for locating a public educational facility or facilities
within the SRA, and the sites locations of any siteisl that may be
dedicated or otherwise made available for a public educational
facility.
SUBSECTION3.CC. AMENDMENTS TO CHAPTER 5 SUPPLEMENTAL STANDARDS
TABLE OF CONTENTS
Chapter 5 Supplemental Standards Table of Contents, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.03.00 Accessory Uses and Structures
5.03.01
Canopy Tents and Shades
5.03.02
Fences and Walls, Excluding Sound Walls
5.03.03
Guesthouses
5.03.04
Dumpsters and Recycling
5.03.05
Caretaker Residences
5.03.06
Dock Facilities
5.04.00 Temporary Uses and Structures
5.04.01
GeneFall„ (Te Be oroyrlo�Temporary Use Permits
5.04.02
Interim Agricultural Uses
5.04.03
Temporary Uses During Construction
5.04.04
Model Homes and Model Sales Centers
5.04.05
Temporary Events
5.04.06
Temporary Signs
5.04.07
Annual Beach Event Permits
5.04.08
IReservedl
SUBSECTION 3.DD. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS
Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 106 of 196
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DRAFT 5/21/10
5.03.02 Fences and Walls, Excluding Sound Walls
Page 107 of 196
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DRAFT 5/21/10
Page 108 of 196
Words strusk through are deleted, words underlined are added
DRAFT 5/21/10
... _ . ... _ . r_rs— p9r_ZrnRr..r_rsav_srnm�rsr. tar _
Page 09 of 196
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DRAFT 5/21/10
A. Fences or walls shall be permitted principal uses in all districts, subject to the
restrictions set forth in this section, unless specifically exempted, however, a
Page I10 of 196
Words .,a- e hfeugh. are deleted, words underlined are added
DRAFT 5/21/10
B. A fence or wall may be located on a lot line but no fence or wall (including
foundation) shall protrude in full or part on adjacent property or right -of -way.
C. Residential (RSF RMF RT VR MH) and TTRVC zoning districts and
designated residential components of PUDs shall be subject to the following
maximum fence and wall heights:
a. Required front yard
i. lots greater than 1 acre: 6 feet
ii. non - waterfront interior lots 1 acre or less: 4 feet
iii. waterfront lots 1 acre or less: 4 feet
M corner lots 1 acre or less: fences closer than 10 feet to the
longest lot line frontage of a corner lot 4 feet: when placed at
10 feet or greater from the longest lot line frontage, than 6 feet.
b. Required side and /or rear yard(s)
i. lots greater than 1 acre: 6 feet
Ii. non - waterfront interior lots 1 acre or less: 6 feet
iiL waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear
yards
iv. Public Utility Ancillary Systems: 8 feet
V. corner lots 1 acre or less: 4 feet (there is no rear yard on a
corner lot)
D. Commercial and Industrial zoning districts excluding the TTRVC zoning district;
Business Park zoning districts; and designated commercial, industrial and
business park components of PUDs shall be subiect to the following maximum
fence and wall heights:
1. Fences or walls shall be limited to a maximum heiqht of 8 feet
2. The Countv Manaaer or desianee may approve an administrative
variance from the height limitations of fences and walls in commercial and
industrial zoning districts provided that at least one (1) health, safety, or
welfare hazard peculiar to the property is identified, and that such
approval does not address a generic problem more properly corrected by
an amendment to this Code.
E. Agricultural and Conservation zoning districts
Page 111 of 196
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DRAFT 5/21/10
1. Fences and walls within agricultural districts shall be exempt from height and
type of construction.
F. Fence and wall design standards in all districts
1. Measurement of fence or wall height
a. Existing ground levels shall not be altered for the purpose of
increasing the height of a proposed fence or wall except as
provided for in this section and section 4.06.00.
b. Determination of around level. The height of a fence or wall shall
be measured from the ground level at the fence or wall location.
The County Manager or designee shall determine the ground level
for the purposes of measuring the height when it has been
determined that the ground level has been altered for the
purposes of increasing the height. In such determinations, the
County Manager or designee may consider, but is not limited to
the following facts:
i. General ground elevation of the entire lot.
Ii. In the case of a lot with varying ground elevations, the
average elevation over the length of the fence or wall and
at points in the vicinity of the fence or wall.
C. The ground elevation on both sides of the fence or wall. In
measuring the height, the ground elevation on the side of the
fence or wall location that is at the lowest elevation shall be used
as a point from which the height is to be measured.
2. Fences and walls shall be constructed of conventional building materials
such as but not limited to, precast concrete, composite fencing materials,
concrete masonry, brick wood decorative iron or steel wire or chain link
as specified herein.
3. Fences and walls shall be constructed and maintained in a manner as to
not create a safety hazard or a public nuisance.
4. Safe Distance Sight Triangle
a. A safe distance sight triangle shall be maintained where any
property abuts the intersection of 2 rights -of -way (see subsection
6.06.05 C.). The triangle is created from the point of intersection
height of 3 feet. (See Figure 5.03.02 F.4).
Page 112 of 196
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DRAFT 5/21/10
CLEAR AREA FOR j�
SIGHT DISTANCE -ti
_________
PAVEMENT
ill
LOCAL ROADWAY IN SUBDIVISION
Figure 5.03.02 FA
5. Fences and walls shall be constructed to present a finished side of the
fence or wall to the adjoining lot or any abutting right -of -way.
a. If a fence, wall, or continuous landscape hedge exists on the
adjoining parcel, this provision may be administratively waived by
filing the appropriate application for consideration by the County
Manager or designee.
b. Barbed wire. razor wire. spire tips. sharp obiects. or electronicall
charged fences are prohibited, except that the County Manager or
designee may allow the use of barbed wire in conjunction with a
fence for facilities where a security hazard may exist, such as a
utility substation sewage treatment plant or similar use.
G. Supplemental Standards
1. Fences on sites with structures which are subject to section 5.05.08
Architectural & Site Design Standards must comply with the following
additional standards:
a. Chain link (including wire mesh) and wood fences are prohibited
forward of the primary facade and shall be a minimum of 100 feet
from a public right -of -way. If these types of fences face a public
or private street then they shall be screened with an irrigated
Page 113 of 196
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I
I
I
_________
PAVEMENT
ill
LOCAL ROADWAY IN SUBDIVISION
Figure 5.03.02 FA
5. Fences and walls shall be constructed to present a finished side of the
fence or wall to the adjoining lot or any abutting right -of -way.
a. If a fence, wall, or continuous landscape hedge exists on the
adjoining parcel, this provision may be administratively waived by
filing the appropriate application for consideration by the County
Manager or designee.
b. Barbed wire. razor wire. spire tips. sharp obiects. or electronicall
charged fences are prohibited, except that the County Manager or
designee may allow the use of barbed wire in conjunction with a
fence for facilities where a security hazard may exist, such as a
utility substation sewage treatment plant or similar use.
G. Supplemental Standards
1. Fences on sites with structures which are subject to section 5.05.08
Architectural & Site Design Standards must comply with the following
additional standards:
a. Chain link (including wire mesh) and wood fences are prohibited
forward of the primary facade and shall be a minimum of 100 feet
from a public right -of -way. If these types of fences face a public
or private street then they shall be screened with an irrigated
Page 113 of 196
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DRAFT 5/21/10
hedge planted directly in front of the fence on the street side.
Plant material shall be a minimum of 3 gallons in size and planted
no more than 3 feet on center at time of installation. This plant
material must be maintained at no less than three - quarters of the
height of the adjacent fence (See Illustration 5.03.02 M.a. - 1).
b. Fences forward of the primary facade, excluding chain link, wire
mesh and wood are permitted under the following conditions:
I. Fences shall not exceed 4 feet in height.
ii. The fence provides either an open view at a minimum of
25 percent of its length or provides variation in its height for
a minimum of 15 percent of its lenqth with a deviation of at
least 12 inches.
iii. The fence style must complement building style through
material color and design.
2. Use of chain link or wire mesh fencing (the requirements of this section
are not applicable to single family dwellings):
a. If located adiacent to an arterial or collector road in the urban
coastal area the fence shall be placed no closer than three feet to
the edge of the right -of -way or property line.
b. The fence shall be screened by an irrigated living plant hedge at
least thirty (30) inches in height at planting and spaced a distance
apart that will achieve opacity of 80 percent sight - obscuring
screen within one year of planting.
3. Barbed wire is onlv authorized within agricultural, commercial, industrial
districts and on fences surrounding public utility ancillary systems in
all districts. Razor or concertina wire is not permitted except in the case of
an institution whose purpose is to incarcerate individuals i.e. a jail or
penitentiary or by application and decision by the County Manager or
designee.
H. Wall requirement between residential and nonresidential development
Whenever a nonresidential development lies contiguous to or opposite a
residentially zoned district a masonry wall concrete or pre- fabricated concrete
wall and /or fence shall be constructed on the nonresidential property consistent
with the following standards.
1. Height and Location.
a. If located on a contiguous property, then height shall be 6 feet to 8
feet and placement shall be no less than 6 feet from the
residentially zoned district.
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placement shall be a minimum of 3 feet from the rear of the right -
of -way landscape buffer line.
C. If a property fronts on more than 1 street then height shall be 6
feet and placement shall be required along the street which is
opposite the primary ingress and egress point of the project along
the street frontage which is adjacent to the rear of the project.
d. These regulations shall not be construed to require a masonry
provisions of section 5.05.08(B) of this Code.
2. Landscaping requirements.
a. When the placement is within the required landscape buffers
vegetative material.
b. When the placement is outside of a required landscape buffer
then the wall and /or fence shall be screened with an abutting,
continuous irrigated hedge on the external side such that 50
percent of the wall and /or fence is screened within 1 year of the
installation of the vegetative material.
3. Timing of installation.
a. The wall and /or fence shall be constructed following site plan
approval but prior to the occurrence of any vertical construction or
other site improvements. At the County Manager or designee's
discretion, if site conditions warrant, the wall may be constructed
in phases and /or after vertical construction or site improvements
commence, depending upon the location of affected residential
areas.
4. Deviation from wall requirement.
a. At the applicant's request, the County Manager or designee ma
determine that a masonry wall and /or fence is not warranted
particularly where the local street lies contiguous to the rear of a
residence or some other physical separation exists between the
residential development and the nonresidential development or
for other good cause including the existence of a wall on an
adjacent residential development. The applicant shall
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demonstrate that the intent of this section can be effectively
accomplished without constructing a wall by submitting for
approval of an alternative design and a descriptive narrative
through the administrative variance process set forth in subsection
L Special fences and walls
1. Sound Walls
a. Sound wa
collector or arterial roadway shall be exempt from height
restrictions.
2. Public utility ancillary facilities.
a. See subsection 5.05.12.
SUBSECTION 3.EE. AMENDMENTS TO SECTION 5.04.01 GENERALLY (TO BE
PROVIDED)
Section 5.04.01 Generally (To Be Provided), of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.04.01 Temporary Use Permits.
B General The County Manager or designee may grant a temporary use permit
for requests that demonstrate compliance with the intent of this section and
adjacent properties.
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SUBSECTION 3.FF. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND MODEL
SALES CENTERS
Section 5.04.04 Model Homes and Model Sales Centers, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.04.04 Model Homes and Model Sales Centers
A. Model homes and model sales centers are intended to facilitate the sale of the
model design or of products similar in design to the model. Model homes and
model sales centers shall be of a temporary nature and may be allowed in the
following zoning districts:
Any residential zoning district or residential component of a PUD, in the
estates zoning district, and in the agricultural zoning district as part of a
moral subdivision, by the issuance of a temporary use permit.
2. However, a model center as a permitted use within a PUD, and not
located within a dwelling unit or a temporary structure, such as a trailer,
shall not require a temporary use permit.
B. Model homes and model sales centers located within residential zoning districts,
er within a residential component of a PUD, the estates (E) zoning district or the
agricultural (A) zoning district shall be restricted to the promotion of a product or
products permitted within the residential zoning district or PI in which the model
home or model sales center is located and further subject to the following:
SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04.05 Temporary Events, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
A. aFy Sales. Special Events.
1. Sales and Promotional Events.
'^ 'hp nn °^ ^f A temporary use permit is required for temporary
sales_ and /or promotional events on non - residential prooertv. such
as grand openings, going out of business sales, special
promotional sales, sidewalk sales, overstock sales tent sales or
other similar uses '^Xc!::c ?:e of garage sales, la^.WR -sales and
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or ..-
OWN IMMI
b A temporary use permit for sales or promotional events shall meet
the procedural requirements of Section 10.02.06 G.
2 c. _Tempepa�y sales PeFmits may, iR support of the use being
GGRjURGtiGR with the tempemFy sale, shall GGRfG�M to the minimum
:.
shall be deemed a V GlatieR of this PeRalties here n-.
In support of the proposed temporary sale or event, temporary
signs, merchandise, structures, and equipment be l
subiect to approval of a site plan depicting same.
Temporary signage shall be subject to the restrictions set
forth in section 5.04.06.
ii. All temporary structures and equipment merchandise, or
placement and parking of vehicles in conjunction with the
temporary sale shall conform to the minimum yard
requirements of the zoning district in which it is located.
iii. A building permit may be required for the erection of
temporary structures.
3. Temporary ales use permits for sales may be issued to the
owner(s) of a commercial establishment, or to the tenant(s)
operating within a commercial establishment with the approval of
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the property owner or property manager, provided said tenant
provides documentation of a current annual lease with the
property owner. Uses permitted by an approved temporary sales
permit shall be operated by the property owner or tenant(s),
except as provided for in sections 5.04.95(A)(5) 5.04.05 A.1.g.
and 5.04.05(A)(5) 5.04.05 A. 1.h. below.
4e. Temporary -ales use permits for sales shall be restricted to those
zoning districts in which the sale of the items would normally be
permitted. Further, the sales activity permitted by the temporary
use permit shall be related to the principal commercial activities in
operation on the subject property, except as provided for in
subsections 5.04,05(A)(5) 5.04.05 A.1.g. and 5:04.05(A)(5)
5.04.05 A.1.h. below. The ' Of a .n...nGFaFy WGe P8FMIt
shall Rot be issued Fn. nde. nlnne d propeFties.
f. Special event temporary use permits shall not be issued for
undeveloped properties with exception to pre- construction ground
breaking events with a valid development order.
5 g The County Manager or designee may issue temporary use
permits for satellite locations subject to the applicable restrictions
set forth in this section, provided the applicant currently operates
a business from a permanent, approved commercial location
within the County. Additionally, the purpose of the temporary sale
shall be the same as the principal purpose of the existing
commercial business of the applicant.
r} —h. The County Manger Manager or designee may, in determining a
specific benefit to the public, grant a temporary use permit to
facilitate the sale of an item or items not generally available within
a specific planning community, subject to the applicable
restrictions set forth in this section.
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2. Sports religious and communitV events.
a. A temporary use permit is required for sports religious
community, or other similar events sponsored bV profit nonprofit
charitable, civil, or membership organizations, on lands not
specifically developed and approved for such activities on a
regular basis. The County Manager or designee may grant a
nonrenewable temporary use permit of up to 14 days duration for
such events.
b. Temporary use permits of this type may, in support of the use
being permitted, include the placement of temporary signs
merchandise, structures and equipment, and a mobile home as
an office, but not for residency.
i. Temporary signage shall be subject to the restrictions set
forth in section 5.04.06.
ii. A building permit may be required for the placement and /or
erection of temporary structures.
C. Temporary use permits in this category shall be restricted to those
zoning districts in which the use would normally be permitted
unless otherwise approved by the Board of County
Commissioners via a public petition request.
d. The County Manager or designee shall accept without fee
temporary use permit applications for sports religious community,
or other similar events, upon presentation of documentation that
the sponsor of the event is a bona fide nonprofit organization and
the event is intended to benefit the community at large or a
specific group of individuals. Two such events per calendar vear
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per organization are eligible for this permit.
3. Special Event time limits.
a The County Manager or designee may grant nonrenewable
events for that location does not exceed 28 days.
b For multiple occupancy parcels with 10 or more tenants the total
duration of all such permits shall not exceed 42 days per calendar
year.
C. Temporary use permits for special events may be extended up to
additional constraints which shall be noted as conditions of the
permit and the permittee will be required to sign a notarized
agreement to abide by such conditions.
B. Temporary seasonal sales. A nonrenewable #ve45) week temporary use permit
may be issued for seasonal and holiday related temporary sales subject to the
following restrictions.
Temporary use permits for seasonal sales may be issued only for the
following seasonal /holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
C. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties. ,
GlPMQArtFAtPS that r
the fGIIGWORg
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d. WatGhMerl, f^nm„y- a„d light R.g
e. PiFe nFn +nn. nn .......,ure
The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for
the temporary seasonal sales.
4. Temporary use permits for seasonal and /or holiday sales may, in support
of the use being permitted, include the placement of one (1) SigR, a
maximum Gf thiFty (32) squaFe feet, 9F Nye (2) SUGh Signs fGF PFE)PeFtiBS
ef— signs, merchandise, temporary structures, and equipment - -rnay be
pl.. 8d the site,
vY .-d'n of the m'4 it shall be deemed ViGlatiGR of this r` d d
shall be , bjeGf to then .hies heFeiR.
I. Temporary signage is subject to the restrictions set forth in
subsection 5.04.06 A & B.
ii. A building permit may be required for the erection of temporary
structures.
C. Garage sales: In the case of garage sales, lawn sales, and other similar
temporary sales to be held at private homes churches and other places of
worship, community centers or other nonprofit residentially zoned institutions
the County Manager or designee may issue one 2 -day permit for such events
during each 6 month period.
D. Temporary Uses not elsewhere classified At the direction of the BCC the
County may, from time to time be called upon to allow certain uses for specific
periods of time. After public hearing the County Manager or designee may issue
1. Bona fide 4 -H Youth Development Programs A non - renewable 16 week
Permit may be issued to allow for the keeping of up to 2 hogs on Estates
zoned property of 1.25 acres or greater, in preparation for showing and
sale at the annual Collier County Fair.
a. Pastures shall be fenced and maintained Any roofed structure
land.
b. Structures as described above shall be maintained in a clean
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healthful and sanitary condition.
C. Once removed for showing and /or sale the hog(s) shall not be
returned to the property.
d This permit may be revoked with cause.
SUBSECTION 3.1-11H. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS
Section 5.04.06 Temporary Signs, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.06 Temporary Signs
A. oe ed
services performed by the Growth Management Division.
2 Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit and shall be removed on or before the
expiration date of the temporary use permit authorizing said sign
3 Standards applicable to all temporary signs.
a Temporary signs and banners permitted by authority of this
section shall not be placed within any public right -of -way.
i Sign placement shall not obstruct or impair the safe
visibility, ingress or egress of pedestrians and motorists.
C. Absent specific standards to the contrary , temporary signs shall
be located onsite and no closer than 10 feet to any property line.
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d. Temporary signs and banners used on nonresidential or mixed
use properties shall not exceed 32 square feet in sign area or 8
feet in height.
e. Temporary signs used on residentially zoned properties shall not
exceed 4 square feet in area or 3 feet in height.
B. Temporary Sign Permit Types and Standards.
Temporary Events. A temporary use permit for a temporary event, issued
per section 5.04.05., shall allow for the placement of temporary signage
as classified and regulated herein.
C. Seasonal sales signs.
d. Garage sales signs. Two temporary signs may be placed on the
property where the sale is being conducted.
4. ReeFv^ ed Temporary business identification signs. A temporary use
permit allowing for the temporary placement of a sign solely for the
a. As applied in this section. the sign must be constructed of wood
plastic, or other similar material, may not be a banner sign and is
limited to 16 square feet.
b. If placed in a shopping center or multiple occupancy building
the temporary sign for each business must be of similar color,
lettering, and style.
C. The sign may be affixed to the building or free - standing in front of
the building so long as the sign does not obstruct or interfere with
pedestrian or vehicular traffic, parking or fire lanes, or access to
adjacent units.
d. The sign may remain in place for no longer than 120 days until
construction has been completed or a permanent sign is installed
whichever occurs first.
5. Reserved Temporary sign covers. A non - renewable temporary use
permit is required to erect a temporary sign cover over an existing sign
unless otherwise provided herein. Temporary signs shall be allowed
subject to the restrictions imposed by this section.
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a. A sign cover made from white vinyl or canvas may be authorized
for an existing ground or pole sign for 120 days, or when the
permanent sign is installed, whichever occurs first, after which
time the cover shall be removed, regardless of whether or not the
sign face has been replaced.
6. Election and Referendum signs. Signs for elections and referendums
shall be permitted subject to the following requirements:
e. In all other zoning districts such signs shall not exceed a
maximum sign area of 32 square feet per sign and 8 feet in
height, except when affixed to the surface of a_ building wall, and
shall be located no closer than 10 feet to any property line. The
quantity of such signs shall be limited to 1 sign for each lot or
parcel per bulk permit issued.
SUBSECTION 3.11. AMENDMENTS TO SECTION 5.04.07 ANNUAL BEACH EVENTS
PERMITS
Section 5.04.07 Annual Beach Events Permits, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.04.07 Annual Beach Events Permits
A. The owner of beach -front commercial hotel -resort property shall apply for an
annual beach events permit. The County Manager or #is designee, ep h
designee; may grant the permit following review of an application for such permit.
The application shall be submitted on the form prescribed by Collier County
together with the applicable fee for the number of planned annual beach events
as indicated on the permit form and exhibits thereto. Permits issued pursuant to
this section are not intended to authorize any violation of F.S. § 370.12, or any of
the provisions of the Endangered Species Act of 1973, as it may be amended.
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. . . . . . . . . . . .
E. Sea turtle nesting season. Annual beach events which occur during sea turtle
nesting season (May 1st through October 31st of each year) are also subject to
the following regulations:
1. All required Florida Department of Environmental Protection (FDEP) field
permits, shall be obtained and a copy furnished to Collier County prior to
the time of the scheduled event as set forth in section 5.04.06(G)
5.04.07 C.
7. Identification of sea turtle nests on the beach may cause the beach event
to be relocated from its planned location or to have additional reasonable
limitations placed on the event pursuant to the recommendation of Collier
County staff in order to protect the identified sea turtle nests in this permit,
except that county staff may relocate a staging area as provided for in
section 6 04 06 5.04.07, as part of its daily sea turtle monitoring.
SUBSECTION 3.JJ. ADDING SECTION 5.04.08 RESERVED
Section 5.04.08 Reserved, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby added to read as follows:
5.04.08 [Reserved
SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.05.02 MARINAS
[PLEASE NOTE; THE AMENDMENT LANGUAGE IN THIS SUBSECTION HAS
NOT YET BEEN REVIEWED BY THE BCC. The CCPC voted not to include
this language in the ordinance.]
Section 5.05.02 Marinas, of Ordinance 04 -41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
�111-XrPIAI§F1=1 —
F. Existing facilities and facilities which had state or federal permits prior to adoption
of the MPP shall be exempt from these provisions, but will be subject to all other
requirements of this Code.
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G. The definition of shoreline for the purpose of the Manatee Protection Plan shall
be the interface of land and water at mean high water, as established using
standard survey techniques. Shoreline within County required preserves or
within State and Federal conservation easements which do not allow wetslips
within their conservation easements shall not be used in calculating the
maximum allowable number of wetslips pursuant to the Manatee Protection Plan,
except that protects which make 50 percent or more of their wetslips available for
# * * # * * * * * * * *
SUBSECTION 3.1-L. AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE
STATIONS
Section 5.05.05 Automobile Service Stations, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.05 Automobile Service Stations
* * * * * * * * * * * *
B. Table of site design requirements:
P. Exceptions
1 The site design standards set forth in 5.05.05 B. (table) shall not apply to,
nor render non - conformina. anv existing automobile service station or
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Site
Standards
Minimum lot area (sq. ft.)
30,000
Minimum lot width (ft.)
150
Minimum lot depth (ft.)
180
Separation from adjacent automobile service stations (ft.) (based on
500
distance between nearest points)
Minimum setbacks, all structures:
Front yard
50
Side yard
40
Rear yard
40
P. Exceptions
1 The site design standards set forth in 5.05.05 B. (table) shall not apply to,
nor render non - conformina. anv existing automobile service station or
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any automobile service station within a PUD in which a specific
architectural rendering and site plan was approved as part of a rezoning
action prior to July 5, 1998.
2. The site design standards set forth in 5.05.05 F. - M. or any other
applicable development standard shall apply to existing automobile
service stations pursuant to the provisions of 9.03.00 Nonconformities,
and all other applicable sections of the Land Development Code.
SUBSECTION 3.MM. AMENDMENTS TO SECTION 5.05.10 TRAVEL TRAILER AND
RECREATIONAL VEHICLE PARK DESIGN STANDARDS
Section 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
C. Required facilities for campsites and TTRV lots.
Ffi'.�TS�T1t�RSrJ
�1.791TST.�{ 711{ S�/ �3LTLT. T. �TJS�{ i7T. �ST..T��7P.tILT.7.^LSRJG7�T.T.1
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:U
..
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. srainm�
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SUBSECTION 3.NN. ADDITION OF SECTION 6.02.09 PUBLIC SCHOOL FACILITIES
LEVEL OF SERVICE (LOS) REQUIREMENTS
Section 6.02.09 Public School Facilities Level of Service (LOS) Requirements, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby added to read as follows:
6.02.09 Public School Facilities Level of Service (LOS) Requirements
A. The LOS for public school facilities varies by type of school. The LOS for
elementary and middle schools is 95 percent of the Concurrency Service Area
(CSA) Enrollment/Florida Inventory of School Houses (FISH) Capacity and
the LOS for high schools is 100 percent of the CSA Enrollment/FISH Capacity.
B. The LOS standard for public school facilities will be achieved and maintained if
any one of the following is met:
1. The necessary facilities and services are in place at the time a final site
development plan or final subdivision plat is approved; or
2. The necessary facilities and services are under construction or the contract
for such facilities and services has been awarded accepted and duly
executed by all parties, at the time a final site development plan or final
subdivision plat is approved; or
3. The necessary facilities and services are found in the first, second or third
year of the School District of Collier County's financially feasible Five -Year
Capital Improvement Plan as identified in CIE Policy 4.2, and as formally
adopted by the School Board between July 1 and October 1 each year, and
as adopted by reference each year by December 1 st, at the time a final site
development plan or final subdivision plat is approved; or
4. The necessary facilities and services are the subject of a binding
commitment with the developer to contribute proportionate share funding
as provided for in Policy 2.4 of the Public School Facilities Element, if
applicable, or to construct the needed facilities.
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development.
SUBSECTION 3.00. AMENDMENTS TO SECTION 6.06.05 CLEAR SIGHT DISTANCE
Section 6.06.05 Clear Sight Distance, of Ordinance 04-41, as amended, the Collier County Land
Development Cade, is hereby amended to read as follows:
6.06.05 Clear Sight Distance
E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or
structure shall be erected, planted, or allowed to grow in such a manner as to
obstruct vision between a height of 30 inches and 8 feet above the centerline
grades of the intersecting streets in the area bounded by the right -of -way lines
of such corner lots and a line joining points along said right -of -way lines 2-5-30
feet from the point of intersection. Parking is prohibited in this area. Trees are
permitted, so long as the foliage is cut away and maintained within the 30 inch
and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control,
fences and street name signs are permitted, so long as the sign or equipment is
not within the prescribed clear space and the fence does not visually impede the
clear sight of the intersection.
SUBSECTION 3.PP. AMENDMENTS TO CHAPTER 8 DECISION- MAKING AND
ADMINISTRATIVE BODIES
Chapter 8 Decision- Making and Administrative Bodies, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
Reserved
8.03.01 Estab"ShMeRt; PeweFs and Duties
Them h h y established .-n n o DIn' Gommis6iaR, wh'nh shall have the
F Il9Wn powers and d to
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I ON
'IN WIN
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-
-
-
le
.....
-
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ONION
•
Mrp
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ONION
•
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...
fill
rzR --m. _ lrm •._.,•.. ..
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fill
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■
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SUBSECTION 3.QQ. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS
Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental '^^^^' _� Data Submittal Requirements
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phOtOgFaPh Of the Site e)(teRdiRg at least 290 feet eutsi
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.. RUFRbeF Of aGFeG of GalldeF QGURtY jUFOG&MATM
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1. Purpose. The purpose of this section is to identify the types and format of
data that is required to review a proposed proiect to ensure it meets the
land development standards contained within the Land Development
Code.
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2 Preparation of Environmental Data Environmental Data Submittal
Requirements shall be prepared by an individual with academic
in the State of Florida.
3 Environmental Data The following information shall be submitted where
applicable to evaluate projects.
a. Wetlands
to the Florida Land Use Cover and Forms Classification
System (FLUCFCS) and include this information on the
SDP or final plat construction plans. Wetlands must be
verified by the South Florida Water Management District
WRAP or 0.7 UMAM) and their location within the
proposed development plan Sites with high quality
wetlands must have their functionality scores verified by
the SFWMD or DEP prior to first development order
approval Where functionality scores have not been
verified by either the SFWMD or DEP scores must be
reviewed and accepted by County staff, consistent with
State regulation.
potential water quality impacts of the project by evaluating
water quality loadings expected from the project (post
development conditions considering the proposed land
uses and stormwater management controls) compared
with water quality loadings of the project area as it exists in
its pre- development conditions. The analysis shall be
performed using methodologies approved by Federal and
State water quality agencies and must demonstrate no
increase in nutrients (nitrogen and phosphorous) loadings
in the post development scenario.
iii. Where treated stormwater is allowed to be directed into
preserves show how the criteria in 3 05 07 H have been
met.
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iv. Where native vegetation is retained on site provide a
topographic map to a half foot and where possible
provide elevations within each of the FLUCFCS Codes
identified on site For SDP or final plat construction plans
include this information on the site plans.
b. Listed Species and Bald Eagle Nests and Nest Protection Zones
I. Provide a wildlife survey for the nests of bald eagle and for
listed species known to inhabit biological communities
similar to those existing on site. The survey shall be
conducted in accordance with the guidelines or
recommendations of the Florida Fish and Wildlife
Conservation Commission ( FFWCC) and the U.S. Fish and
Wildlife Service (USFWS). Survey times may be reduced
or waived where an initial habitat assessment by the
environmental consultant indicates that the likelihood of
listed species occurrence is low, as determined by the
FFWCC and USFWS. Where an initial habitat assessment
by the environmental consultant indicates that the
likelihood of listed species occurrence is low, the survey
time may be reduced or waived by the County Manager or
designee, when the proiect is not reviewed or technical
assistance not provided by the FFWCC and USFWS
Additional survey time may be required if listed species are
discovered.
Ii. Provide a survey for listed plants identified in 3.04.03.
species are utilizing the site or where wildlife habitat
management and monitoring plans are required by the
FFWCC or USFWS. These plans shall describe how the
project directs incompatible land uses away from listed
species and their habitats. Identify the location of listed
species nests, burrows dens foraging areas and the
location of any bald eagle nests or nest protection zones
on the native vegetation aerial with FLUCFCS overlay for
the site. Wildlife habitat management plans shall be
included on the SDP or final plat construction plans Bald
eagle management plans are required for sites containing
bald eagle nests or nest protection zones copies of which
shall be included on the SDP or final plat construction
plans.
C. Native vegetation preservation
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compliance with the 25 year rezone limitation pursuant to
section 10.02.06. For sites permitted to be cleared prior to
July 2003 provide documentation that the parcei(s) are in
compliance with the 10 year rezone limitation previously
identified in the GMP Criteria defining native vegetation
and determining the legality, process and criteria for
clearing are found in 3.05.05, 3 05.07 and 10 02.06.
Ii. Identify on a current aerial the acreage location and
community types of all upland and wetland habitats on the
proiect site according to the Florida Land Use Cover and
Forms Classification System (FLUCFCS) and provide a
legend for each of the FLUCFCS Codes identified. Aerials
and overlay information must be legible at the scale
provided Provide calculations for the acreage of native
vegetation required to be retained on -site. Include the
above referenced calculations and aerials on the SDP or
final plat construction plans In a separate report
demonstrate how the preserve selection criteria pursuant
to 3 05 07 have been met. Where applicable include in
this report an aerial showing the project boundaries along
with any undeveloped land preserves natural flowways
or other natural land features located on abutting
properties.
iii. Include on a separate site plan the project boundary and
the land use designations and overlays for the RLSA
RFMU ST and ACSC -ST districts. Include this information
on the SDP or final plat construction plans.
iv. Where off -site preservation of native vegetation is
proposed in lieu of on -site demonstrate that the criteria in
section 3 05 07 have been met and provide a note on the
SDP or final plat construction plans indicating the type of
donation (monetary payment or land donation) identified to
satisfy the requirement. Include on the SDP or final plat
construction plans a location map(s) and property
identification number(s) of the off -site parcei(s) if off -site
donation of land is to occur.
d. General environmental requirements
i Provide the results of any Environmental Assessments
and /or Audits of the property, along with a narrative of the
measures needed to remediate if required by FDEP.
occupy farm fields (crop fields cattle dipping ponds,
chemical mixing areas) golf courses, landfill or junkyards
or for sites where hazardous products exceeding 250
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gallons of liquid or 1,000 pounds of solids were stored or
processed or where hazardous wastes in excess of 220
pounds per month or 110 gallons at any point in time were
generated or stored. The amount of sampling and testing
shall be determined by a registered professional with
experience in the field of Environmental Site Assessment
and shall at a minimum test for organochlorine pesticides
(U.S. Environmental Protection Agency (EPA) 8081) and
Resource Conservation and Recovery Act (RCRA) 8
metals using Florida Department of Environmental
Protection (FDEP) soil sampling Standard Operating
Procedure (SOP) FS 3000 in areas suspected of being
used for mixing and at discharge point of water
management system. Sampling should occur randomly if
no points of contamination are obvious Include a
background soil analysis from an undeveloped location
hydraulically upgradient of the potentially contaminated
site. Soil sampling should occur lust below the root zone
about 6 to 12 inches below ground surface or as otherwise
agreed upon with the registered professional with
experience in the field of Environmental Site Assessment
Include in or with the Environmental Site Assessment the
acceptable State and Federal pollutant levels for the types
of contamination found on site and indicate in the
Assessment, when the contaminants are over these levels
If this analysis has been done as part of an Environmental
Audit then the report shall be submitted. The County shall
coordinate with the FDEP where contamination exceeding
applicable FDEP standards is identified on site or where an
Environmental Audit or Environmental Assessment has
been submitted.
iii. Shoreline development must provide an analysis
demonstrating that the project will remain fully functional
for its intended use after a six -inch rise in sea level.
requested.
V. Where applicable provide evidence of the issuance of all
applicable federal and /or state oil and gas permits for
proposed oil and gas activities in Collier County. Include
all state permits that compiv with the requirements of
Chapter 62C -25 through 62C -30 F.A C as those rules
existed on January 13 2005.
e. Other code requirements
Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM -ST) within the protect area and
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provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs and will comply with the WRM -ST pursuant to 3.06.00.
Include the location of the Wellfield Risk Management
Special Treatment Overlay Zones on the SDP or final plat
construction plans. For land use applications such as
standard and PUD rezones and CUs provide a separate
site plan or zoning map with the project boundary and
Wellfield Risk Management Special Treatment Overlay
Zones identified.
i Demonstrate that the design of the proposed stormwater
management system and analysis of water quality and
quantity impacts fully incorporate the requirements of the
Watershed Management regulations of 3.07.00.
standards and regulations in 4.02.14.
iv. For multi -slip dock facilities with ten slips or more, and for
all marina facilities show how the project is consistent with
5.05.02. Refer to the Manatee Protection Plan for site
specific requirements of the Manatee Protection Plan not
included in 5.05.02.
applicable Objectives and Policies of the Conservation and
Coastal Management Element of the GMP.
f. Additional data
The County Manager or designee may require additional
data or information necessary to evaluate the project's
compliance with LDC and GMP requirements.
reviews are complete Copies of the EIS shall be provided to the County
Manager or designee prior to public hearings.
-75. Exemptions.
a. The €4S Environmental Data Submittal Requirements exemption
shall not apply to any parcel with a ST or ACSC -ST overlay,
unless otherwise exempted by section 4.02 .14 u e)(Gepti R6) OF
4.02.14 1. (exeMpt GRS s this C;Gd
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b. Single family OF duplex uses .,n a siRgle 10t OF FGel Single
family detached and two- family housing structure(s) on a lot(s)
of record except as otherwise provided at section 4.02.04 (cluster
development), and townhouses developed on fee simple lots
under individual ownership, provided that a fee simple townhouse
plat is approved in accordance with the provisions of section
10.02.04.B.4. These exemptions shall not apply to the following.
I. Wetland delineations and permitting.
Ii. Retention of native vegetation in accordance with 3.05.07
C.
iii. Listed species protection in accordance with 3.04.01.
C. Agricultural uses. Agricultural uses that fall within the scope of
sections 163.3214(4) or 823.14(6), Florida Statutes, provided that
the subject property will not be converted to a nonagricultural use
use or considered for any type of rezoning petition for a period of
25 years after the agFisultural uses agricultural uses commence
and provided that the subject property does not fall within an
ACSC or ST zoning overlay.
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Geurity.
f d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1).
9. Single family lots OR aGGerdanoe with seGt oR 3.04.01 C. 1.
# e. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
f In those areas of Collier County where oil extraction and related
shall be utilized in order to minimize impacts to native habitats,
whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier
County environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable federal
and /or state oil and gas permits for proposed oil and gas activities
convening the Big Cypress Swamp Advisory Committee as set
forth in Section 377 42 F.S. to assure compliance with Chapter
62C -25 through 62C -30 F.A.C. even if outside the defined Big
Cypress Watershed. All access roads to oil and gas uses shall be
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constructed and protected from unauthorized uses according to
the standards established in Rule 62C- 30.005(2)(a)(1) through
(12), F.A.C.
SUBSECTION 3.RR. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows,
10.02.03 Submittal Requirements for Site Development Plans
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B. Final Site development plan procedure and requirements. A pre - application
meeting shall be conducted by the County Manager or his derigneo or his /her
designee, prior to the submission of any site development or site improvement
plan for review. This meeting may be waived by the County Manager or lais
designee upon the request of the applicant.
1. Site development plan submittal packet: The site development
submittal packet shall include the following, if applicable:
a. Ownership: A copy of the recorded 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. The applicant shall also present a notarized letter of
authorization from the property owner(s) designating the
applicant as the agent acting on behalf of the owner(s).
b. Site development plan. A site development plan and a
coversheet prepared on a maximum size sheet measuring 24
inches by 36 inches drawn to scale.
ii. The following information shall be set forth on the site
development plan and /or on a separate data sheet used
exclusively for that purpose.
# # * # # # * # * # *
(q) For residential projects subject to the provisions of
Section 10 04.09 a completed School Impact
Analysis (SIA) application location map and
review fee.
SUBSECTION 3.SS. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS
FOR PLATS
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements.
# * * * * * # * * # * *
2. Preliminary subdivision plat submission requirements. The preliminary
subdivision plat process is optional. The optional nature of this process
will in no way affect the submission requirements enumerated below. In
other words, if an applicant chooses this option, the applicant must
follow all of the submission requirements. The mandatory nature of the
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final subdivision plat process is likewise not affected by the optional
nature of the preliminary subdivision plat submission process.
A preliminary subdivision plat application shall be submitted for the
entire property to be subdivided in the form established by the County
Manager or tai& designee and shall, at a minimum, include ten copies of
the preliminary subdivision plat unless otherwise specified by the County
Manager or #+s designee. The preliminary subdivision plat shall be
prepared by the applicant's engineer and surveyor. Land planners,
landscape architects, architects, and other technical and professional
persons may assist in the preparation of the preliminary subdivision plat.
The preliminary subdivision plat shall be coordinated with the major
utility suppliers and public facility providers applicable to the
development. Provisions shall be made for placement of all utilities
underground, where possible. Exceptions for overhead installations may
be considered upon submission of sound justification documenting the
need for such installation. The preliminary subdivision plat shall include
or provide, at a minimum, the following information and materials:
Z. All plans and platting documents shall be prepared fully in
compliance with the Interim Watershed Management regulations
of LDC section 3.07.00.
location map and review fee.
B. Final plat requirements.
4. Final subdivision plat submission requirements. The submittal of final
plats for which no preliminary subdivision plat is contemplated must
include, apart from the final plat and /or improvement plans, that
information required for review of preliminary subdivision plats in
accordance with Section 10.02.04 A.2. For only those final plats
incorporating townhouse development on fee simple lots, the following
additional information, prepared by a registered engineer (and landscape
architect for landscape plan), must be provided either separately or in
conjunction with the information required by section 10.02.04 A.2. of this
Code:
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SUBSECTION 33T. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS
Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.02.06 Submittal Requirements for Permits
G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the
LDG for temporary use permit classifications and restrictions.
Development and Environmental Services Division.
prior to or simultaneously with the submission of a building permit
application if required.
3 Each temporary use permit application shall be accompanied by
authorization of the property owner or leasing agent and a current valid
Business Tax Receipt in the case of temporary sale when required
4 A conceptual site plan (CSP) or a site development plan (SDP) is
required for special events and seasonal sales. For improved and
unimproved properties the site plan must demonstrate that provisions will
be made to adequately address each of the following:
a Vehicular and pedestrian traffic safety measures.
b Adequate on -site or additional off -site parking areas shall be
provided as follows.
i A maximum of 10 percent of the parking required by
section 4 05 04 of this Code may be occupied or otherwise
rendered unusable by the placement of temporary
structures equipment and merchandise.
for use.
C. Limited activity hours.
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d. Watchmen, fencing and lighting.
e. Fire protection and emerqencv access measures
f. Sanitary facilities.
g. If required, a faithful performance bond to guarantee compliance
with the conditions of the permit.
5. Review procedures.
a. Based upon the information contained in the application the
County Manager or designee may approve approve with
conditions relative to the health, safety and welfare of the public
or deny an application, and maV attach conditions to the permit.
b. In the event an application is denied by the County Manager or
designee the reason(s) shall be noted on the application and
returned promptly.
6. Indemnification. The applicant shall be reauired to indemnifv and hold
harmless Collier County, its officers agents and employees from and
against all claims, suits actions damages liabilities expenditures or
causes of action arising out of or occurring during the activities of
applicant under a permit issued hereupon in the form and manner
provided by the County Manager or designee.
7. Cancellations and postponements.
a. If a permitted event is canceled or postponed the applicant shall
furnish Collier County with written notification of such cancellation
or postponement and the reason(s) for same. It is understood that
weather conditions may cause last minute cancellations: however,
the applicant shall make every effort to notify the county staff
prior to the scheduled commencement of said event. If the event
is to be re- scheduled, notice of the date and time of the
rescheduled event shall be provided.
the applicant prior to the event.
C. If an event is cancelled and the County is notified prior to the
8. Suspension or revocation. Failure to comply with the terms and
conditions of the temporary use permit once issued shall be grounds for
immediate suspension of the permitted activity until such time as the
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noncompliance is remedied A permit may be revoked without refund for
established public safety and welfare issues The suspension or
9. Violations. The failure to obtain a required Temporary Use Permit, and /or
be subject to the penalties established within this Code.
10. 3- Film Permit.
a. Permit required. A permit shall be required for the following
activities taking place, in conjunction with commercial motion
picture, film, television, video or still photography production: the
use of set scenery, temporary structures or other apparatus,
special effects, or closure of public streets or accessways. This
Code shall not apply to bona fide newspaper, press association,
newsreel or television news media personnel, nor to properties
that have been zoned to allow motion picture /television filming as
a permitted use.
b. Application for permit; contents. Any person, firm, corporation,
association or governmental entity desiring to obtain a permit shall
apply to the County Manager or kris designee; and said application
shall include but not be limited to the following -;
Name, address (including local address) and telephone
number of applicant.
ii. Proof of comprehensive general liability insurance
coverage in the amount of at least $1,000,000.00
combined single limit, with Collier County named as an
additional insured. The applicant shall provide to the
County Manager or his designee a certificate of insurance
evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the
expiration or cancellation of the policy.
iii. Special effects to be utilized, especially incendiary or
explosive devices, with proof of not less than
$5,000,000.00 comprehensive general liability insurance
combined single limit with Collier County listed as
additional insured. In addition, the application shall list the
person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the
applicable federal and /or state agencies, and authorization
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from the local fire district permitting the event.
iv. Locations, dates and hours of filming.
The following information is required by the County
Manager or #is designee, unless waived:
C. Insurance requirements. The applicant shall maintain in force at
all times during the permit period, a comprehensive general
liability policy with limits other than those described in sections
10.02.06 G.3.1b.ii. and b.iii. above of this Code as determined by
the risk management director upon a review of the particular
circumstances involved. Said applicant shall provide to the County
Manager or #is- designee a certificate of insurance as evidenced
that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30
days' notice prior to the expiration or cancellation of the policy.
Any additional insurance requirements for filming on private
property will be at the discretion of the affected property owner.
d. Indemnification. The applicant shall be required to indemnify and
hold harmless Collier County, its officers, agents and employees
from and against all claims, suits, actions, damages, liabilities,
expenditures or causes of action arising out of or occurring during
the activities of applicant under a permit issued hereupon in the
form and manner provided by the County Manager or kris
designee.
e. Permit fee. No permit fee shall be required. Any additional license
or user fees which have been established for county -owned land
or facilities shall be in effect.
Issuance of permit. Upon presentation of the completed
application, proof of insurance, payment of permit fee, surety bond
or cash payment in lieu of the bond and review by the County
Manager or 4is designee, the permit may be issued. If the County
Manager or 4is designee determines that the use of public or
private property could affect the public's use of the property, or
have potential adverse impacts on surrounding properties, then
he /she may require that the permit application be scheduled for a
public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure
of a public street or accessway; use of special effects, including
incendiary or explosive devices; a large production crew or crowd
control; and increased liability insurance required. The notice for
the public hearing shall be advertised in a newspaper of general
circulation in the county at least 1 time 15 days prior to the
hearing.
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g. Suspension of permit. Failure to comply with the terms and
conditions of the temporary use permit once issued shall be
grounds for immediate suspension of the permitted activity until
such time as the noncompliance is remedied. The suspension
shall be initially communicated verbally, followed by a written
suspension order; and continued failure to comply with the terms
and conditions of the permit may result in revocation of the permit.
Costs for extraordinary services. The county shall recover direct
costs for extraordinary services rendered in connection with a
production. Such costs shall include, but not be limited to, charges
for personnel and /or equipment committed in support of the
production which are outside the normal scope of government
services. Based on the information contained in the permit
application, an estimate of these costs will be provided to the
applicant prior to issuance of this permit. The county may require
prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual
costs below or in excess of the estimates will be refunded by the
county or paid by the applicant, respectively.
Surety bond. A surety bond in an amount to be determined by
Collier County and issued by a company authorized to issue
bonds in Florida or cash payment in lieu of the bond may be
required by the County Manager or 4 s designee to provide for
cleanup and /or restoration of the subject site(s).
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Vehicle on the beach regulations.
9
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Unlawful to drive on sand dunes or beach or to disturb sand dune.
It shall be unlawful:
To operate or cause to be operated a hand -, animal -, or engine -
driven wheel, track or other vehicle or implement on, over or
across any part of the sand dunes, hill or ridge nearest the gulf, or
the vegetation growing thereon or seaward thereof, or to operate
or drive such a vehicle on the area seaward thereof, commonly
referred to as "the beat Florida.
b. To alter or cause to be altered any sand dune or the vegetation
growing thereon or seaward thereof, make any excavation,
remove any material, trees, grass or other vegetation or otherwise
alter existing ground elevations or condition of such dune without
first securing a permit as provided for in this Code.
Exceptions, permit. All permits to allow operation of vehicles on county
beaches shall eXPiFe OR ApFil 30 Gf Gh year, t. GGIRGide With the
begiRRiRg of sea turtle Resting seaSGR be subject to the following. During
sea turtle nesting season, May 1 through October 31, of each year, all
permits shall be subject to section 10.02.06 1.3 below. Permits issued in
a. Sheriff, city, state and federal police, emergency services, and the
Florida Fish and Wildlife Conservation Commission vehicles
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operated or authorized by officers of these departments operating
under orders in the normal course of their duties, and government
entities responding to emergency situations, shall be exempt from
the provisions of this section.
b. Vehicles which must travel on the beaches in connection with
environmental maintenance, conservation, environmental work,
and /or for purposes allowed by Collier County Ordinance No. 89-
16, providing that the vehicle(s) associated with the permitted
uses of Collier County Ordinance No. 89 -16 remain stationary,
except to access and egress the beach, shall be exempt from the
provisions of this section if a permit has been obtained from the
RnvirpnMPRtal aepaFtmeRt diFe,.ter or County
Manager or designee, and said [perm" e tly displayed
on the rt h' ld of n rh . eh'nle and kept wth the . ehi.dp. ;;.Rd
A%'A'l2blP for The procedure for obtaining such a permit
shall be by application on the form prescribed by Collier County to
the eRViF9HFRental seFViGes depaFtment d;Fe.A.. ,Ming stating
r
the reason or reasons why it is necessary for such vehicle or
vehicles to be operated on the beaches in connection with an
environmental maintenance, conservation, environmental purpose
and /or for purposes allowed by Collier County Ordinance No. 89
16, taking into consideration the vehicular use restriction
previously stated as a criterion for an exception, and permit feF
Saoh •chime ,-. YPIliGIRIS _hall be issued . by the __.__.__meptal
seMGes depaFtFnpnt�Pster if the eRV FORMeRtal seFVGeS
depa4me.,t diFP .tQ if the County Manager or designee is satisfied
that a lawful and proper environmental maintenance,
conservation, environmental purpose and /or purpose as described
above and allowed by Collier County Ordinance No. 89 -16 will be
served thereby. All permits issued are subject to the following
conditions and limitations:
All vehicles shall be equipped with tires havinq a maximum
around -to -tire pressure of ten PSI (pounds per square
inch) as established by the Standard PSI Formula
provided below. Calculations for tire pressure using the
standard formula shall be included with each permit
application.
PSI = vehicle weight (Ibs) + equipment (including
maximum debris load for beach raking equipment and
rider weight (Ibs) / total tire footprint (square inches)
C. Baby buggies (perambulators), toy vehicles, toy wagons,
wheelchairs or similar devices to aid disabled or non - ambulatory
persons and hand pulled or pushed carts /dollies /hand trucks or
similar type equipment for personal use shall be exempt from the
provisions of this section.
Vehicle -on- the -beach permits issued in conjunction with special or
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annual beach events, in conjunction with permanent concession
facilities, or for other routine functions associated with permitted
uses of commercial hotel property. Vehicles which are used in
conjunction with functions on the beach, are exempt from the
provisions of this section if a vehicle -on the -beach permit has
been granted by the County Manager or designee. All permits
issued are subject to the following conditions and limitations:
i. The use of vehicles shall be limited to set -up and removal
of equipment for the permitted function.
ii. Said permits shall be prominently displayed on the vehicle
and kept with the vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include
ATVs, non - motorized handcarts or dollies, and small utility
wagons, which may be pulled behind the ATVs.
iv. All vehicles shall be equipped with 'arm^ p.ney at;s tires
having a maximum ground -to -tire pressure of ten PSI
(pounds per square inch), as established by the Standard
PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit
application.
V. Permits shall only be issued for ATVs when eRV;ra nMeRta;
seFviGes depaptme ^t ctcff the County Manager or designee
has determined that: 1) evidence has been provided that
there is a need to move equipment, which, due to the
excessive weigh and distance of equal to or greater than
200 feet, would be prohibitive in nature to move with, push
carts or dollies; or 2) a limited designated work area has
been established at the foot of the dune walkover for
loading and unloading and the ATV use is restricted to that
limited identified area.
vi. When not in use all vehicles shall be stored off the beach.
Vii. During sea turtle nesting season, the following shall apply:
1) no vehicle may be used on the beach until after
completion of daily sea turtle monitoring conducted by
personnel with prior experience and training in nest
surveys procedures and possessing a valid Fish and
Wildlife Conservation Commission Marine Turtle Permit; 2)
there shall be no use of vehicles for set up of chairs or
hotel or commercial beach equipment, etc. until after the
beach has been monitored; 3) one ingress /egress corridor
onto and over the beach, perpendicular to the shoreline
from the owner's property, shall be designated by the
County Manager or designee; additional corridors may be
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approved when appropriate and necessary as determined
by the E�9 County Manager or designee; a staging area
may be approved for large events as determined by the
E-&9 County Manager or designee and 4) except for
designated corridors, all motorized vehicles shall be
operated below the mean high water line (MHW), as
generally evidenced by the previous high tide mark. If at
anytime €�&B the County Manager or designee determines
that the designated corridor may cause adverse impacts
to the beach, nesting sea turtles, or the ability of hatchlings
to traverse the beach to the water, an alternative corridor
shall be designated. If no alternative is available, as
determined by the €SB County Manager or designee, the
vehicle -on- the -beach permit may be suspended for the
remaining period of the sea turtle season.
vii -viii. These vehicles may not be used for transportation of
people or equipment throughout the day. The permit shall
designate a limited time for equipment set up and for the
removal of the equipment at the end of the day.
e. Permit for construction (excluding beach re- nourishment and
maintenance activities). Prior to beginning construction in
proximity to a sand dune for any purpose whatsoever, including
conservation, a temporary protective fence shall be installed a
minimum of ten feet landward of the dune. It shall be unlawful to
cause or allow construction and related activity seaward of such
fence. Each permit for work shall clearly indicate the provisions of
this Code and the protective measures to be taken and shall be
subject to the provisions of section 10.02.06 1.3.
f. Beach raking and mechanical beach cleaning.
i. Beach raking and mechanical beach cleaning shall be
prohibited on undeveloped coastal barriers unless a state
permit is obtained.
ii. Beach raking and mechanical beach cleaning must
comply with the provisions of section 10.02.06 1. of this
Chapter.
iii. Beach raking and mechanical beach cleaning shall not
interfere with sea turtle nesting, shall preserve or replace
any native vegetation on the site, and shall maintain the
natural existing beach profile and minimize interference
with the natural beach dynamics and function.
iv. Beach raking and mechanical cleaning shall not occur
below MHW'on the wet sand area of beach which is
covered by high tide and which remains wet during low
tide. Bbeach raking and mechanical beach cleaning shall
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not operate or drive within 15 feet of dune vegetation and
endangered plant and animal communities, including sea
turtle nests. Surface grooming equipment that does not
penetrate the sand may operate or drive to within ten feet
of dune vegetation and endangered plant and animal
communities, including sea turtle nests.
V. Beach raking and mechanical beach cleaning devices
shall not disturb or penetrate beach sediments by more
than the minimum depth necessary, not to exceed two
inches, in order to avoid a potential increase in the rate of
erosion.
vi. Vehicles with greater than ten psi ground to tire pressure,
shall not be used to conduct beach raking. Vehicles with
less than ten psi ground to tire pressures, in conjunction
with the attachment of a screen, harrow drag or other
similar device used for smoothing may be used to conduct
beach raking upon approval of the ESP County Manager
or designee.
vii. Mechanical beach cleaning involving sand screening or a
combination of raking and screening shall only be
conducted on an "as needed" basis as determined by the
public; utilities engineering department and the
,, nPrital department County Manager or
designee. Necessity will include when large accumulations
of dead and dying sea -life or other debris remains
concentrated on the wrack -line for a minimum of two tidal
cycles following a storm event, red tide or other materials
which represent a hazard to public health.
g. Vehicles associated with beach nourishment and inlet
maintenance.
i. Heavy equipment used in conjunction with beach
nourishment, inlet maintenance, to accomplish FDEP
permit requirements, or other unusual circumstance as
determined by the GDES adrn RiStFat9F County Manager or
designee, which cannot meet the standard PSI, will require
compaction mitigation. Mitigation shall be accomplished by
tilling to a depth of 36 inches or other FDEP approved
methods of decreasing compaction. Beach tilling shall be
accomplished prior to April 15 following construction and
for the next two years should compaction evaluations
exceed state requirements.
ii. Utilization of equipment for the removal of scarps, as
required by FDEP, shall be limited to an ingress /egress
corridor and a zone parallel to the MHW. Scarp removal
during sea turtle season shall have prior FDEP approval
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and coordinated through the FDEP, FWCC, GGESID the
County Manager or designee, and the person possessing
a valid Fish and Wildlife Conservation Commission Marine
Turtle Permit for the area.
iii. No tilling of the beaches shall occur during sea turtle
nesting season.
SUBSECTION 3.UU. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY
Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of
Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
No building or land alteration permit or certificate of occupancy shall be issued
except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord.
No. 90 -24 (Chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. Regulatory
program: Review of development to ensure adequate public facilities are available,
including the Transportation Concurrency Management System and the Public School
Facilities Concurrency.
A. General. In order to ensure that adequate potable water, sanitary sewer, solid
waste, drainage, park, school 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.
B. Exemptions. The following development orders and development shall be
exempt from the terms of this section:
6. For public school facilities the following shall be exempt from the terms of
this section.
between Collier County and the District School Board of Collier
County.
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C. Any amendment to any previously approved residential
development order that does not increase the number of
dwelling units or change the dwelling unit type (e.g. , single
family to multi - family).
d. Age- restricted communities with no permanent residents under
the age of 18 years. Exemption of an age- restricted community
will be subject to a restrictive covenant limiting the age of
permanent residents to 18 years and older.
e. All new residential subdivision plats and site development plans
or amendments to previously approved residential development
orders, which are calculated to generate less than 1 student.
f. Development that has been authorized as a Development of
Regional Impact (DRI) pursuant to Ch. 380, F.S. as of July 1,
2005.
67. Developments that claim vested status from the Growth Management
Plan adopted January 10, 1989 and its implementing regulations, and
properly obtains a determination of vested rights for a certificate of public
facility adequacy in accordance with the provisions of this section, as
follows:
a. Application. An application for determination of vested rights for a
certificate of public facility adequacy 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:
i. Name, address, and telephone number of the owner and
authorized applicant if other than the owner;
ii. Street address, legal description, and acreage of the
property, and
III. All factual information and knowledge reasonably available
to the owner and applicant to address the criteria
established in subsection 10.02.07 B.67.g. of this Code.
C. 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 a certificate of public facility
adequacy, the Community Development and Environmental
Services Division Administrator and the County Attorney shall
review and evaluate the application in light of all of the criteria in
subsection 10.02.07 B. 6 7. g. Based on the review and
evaluation, the Community Development and Environmental
Services Division Administrator and the County Attorney shall
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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 subsection 10.02.07
13.67.g. 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
County Attorney agree based on the review and evaluation that
the application for determination of vested rights for a certificate of
public facility adequacy so clearly should be granted or granted
with conditions, then they may enter into a written stipulated
determination of vested rights for a certificate of public facility
adequacy with the owner, in lieu of the written recommendation to
the hearing officer and the provisions in subsections 10.02.07
B.67.d., 10.02.07 B.67.e. and 10.02.07 B.&7.f. 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
subsection 10.02.07 B.&7.g., 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.
d. Review and determination of vested rights determination for a
certificate of public facility adequacy by hearing officer. Upon
receipt by the hearing officer of the application for determination of
vested rights for a certificate of public facility adequacy 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
subsection 10.02.07 B.657.g. of this Code, and shall follow the
rules of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8,
F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the
extent that the hearing officer is empowered to swear witnesses
and take testimony under oath. The hearing officer shall follow the
procedures established for administrative hearings in Rules 60Q-
2.009, 2017, . 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031,
F.A.C. except as expressly set forth herein. The parties before the
hearing officer shall include the county, the owner or applicant,
and the public. Testimony shall be limited to the matters directly
relating to the standards set forth in subsection 10.02.07 B.6.7.g.
of this Code. The County Attorney shall represent the county, shall
attend the public hearing, and shall offer such evidence as is
relevant to the proceedings. The owner of the property and its
authorized agents, may offer such evidence at the public hearing
as is relevant to 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
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applicant witnesses and evidence; 3) public witnesses and
evidence; 4) county rebuttal, if any, and 5) applicant rebuttal, if
any.
e. Issuance of vested rights determination for a certificate of public
facility adequacy by hearing officer. Within 15 working days after
the completion of the public hearing under subsection 10.02.07
B.6 7.g. of this Code the hearing officer shall consider the
application for determination of vested rights for a certificate of
public facility adequacy, the recommendation of the Community
Development and Environmental Services Division Administrator
and the County Attorney, and the evidence and testimony
presented at the public hearing, in light of all of the criteria set
forth in subsection 10.02.07 B.67.g. of this Code, and shall deny,
grant, or grant with conditions the application for determination of
vested rights for a certificate of public facility adequacy 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 subsection 10.02.07 B.67.g. of this Code,
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.
Appeal to the Board of County Commissioners. Within 30 days
after issuance of the hearing officer's written determination of
vested rights for a certificate of public facility adequacy, 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 a certificate of public facility adequacy 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 a certificate of
public facility adequacy, with or without modifications or
conditions, or reject the hearing officer's determination of vested
rights for a certificate of public facility adequacy. The Board of
County Commissioners shall not be authorized to modify or reject
the hearing officers determination of vested rights for a certificate
of public facility adequacy 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 hearing or that the hearing officer's
determination of vested rights for a certificate of public facility
adequacy is contrary to the criteria established in subsection
10.02.07 B.67.g. of this Code.
h. Limitation on determination of vested rights for a certificate of
public facility adequacy. A determination of vested rights for a
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certificate of public facility adequacy which grants an application
for determination of vested rights for a certificate of public facility
adequacy 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 2 years
after the issuance of the determination of vested rights for a
certificate of public facility adequacy under subsection 10.02.07
13.67.g. 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 2 years after
issuance of the determination of vested rights for a certificate of
public facility adequacy under subsection 10.02.07 13.657.g., 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 2 -year time limitation
on the determination of vested rights for a certificate of public
facility adequacy 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 section.
C. Certificate of public facility adequacy.
General.
A five -year temporary certificate of public facility adequacy
(COA) shall be issued concurrent with the approval of the
next to occur final local development order. At the time a
temporary certificate of public facility adequacy is issued
20% of the estimated payment based on the impact fee
rate in effect at the time of the pre - approval letter will be
due and deposited into the applicable impact fee trust
fund The funds will then be immediately available for
appropriation by the Board of County Commissioners for
transportation capital improvements, except that for those
non - residential (i.e., typically commercial or industrial)
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developments otherwise required to obtain approval of an
SDP prior to the issuance of a building permit, applicants
for a final subdivision plat may elect to:
comply with the applicable regulations of this
section as to one or more of the lot(s) of the FSP
and obtain a COA specifically for just that lot or
lots at a specified intensity of development; or
v- delay submitting a TIS and obtaining a COA for all
of the proposed lots, or just those remaining lots
not then already complying with this section, until a
required SDP is applied for and the terms of this
section are then complied with including payment of
estimated transportation impact fees.
The subject development is not allocated any available
road system capacity or considered eligible to be vested
for transportation concurrency purposes, however, until
approval of a TIS, payment of 50°6 estimated
Transportation Impact Fees in accordance with this
subsection, and issuance of a COA in accordance with
Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055,
F.A.C.
Final calculation of impact fees due will be based on the
intensity of development actually permitted for
construction and the impact fee schedule in effect at the
time of the building permit(s) application such that
additional impact fees may be due prior to issuance of the
building permit(s) The balance of transportation impact
fees shall be paid in four additional annual installments of
20 %, beginning one year after the initial 20% payment
ii. Impact fees for all other Category "A" capital improvements
will be paid at the time of issuance of building permits at
the rate then currently applicable.
At the time a temporary COA is issued, and the first 20% of
the estimated payment is paid the applicant will deposit
with the County sufficient security, the form of which has
been approved by the Board of County Commissioners for
a term of four years in an amount equal to the 20%
payment.
iv. Upon payment of 100% of the estimated impact fees. the
certificate will be issued in perpetuity and the dedicated
security will be released. No further advance payments will
be due once actual road impact fees are paid equal to the
initial estimated impact fees.
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V. Once the initial 20% of the estimated payment has been
paid the security has been deposited with the County, and
a temporary COA has been issued, failure to submit the
remaining additional installments in accordance with the
provisions of this subsection shall result in the following:
a) Upon failure to cure following 10 days written
demand the County will exercise its payment rights
to the dedicated security, and
b) The matter will be referred to the Board of Coun
Commissioners for review. Absent the Board
finding exceptional circumstances, the temporary
certificate of public facility adequacy shall be
revoked.
impact fees based on the impact fee rate in effect at the
time of the pre - approval letter, must be paid in five
additional annual installments of 20% with the first
payment being made prior to the expiration date of the
three -year certificate. For those developments that have
secured a three -year certificate that has expired, in order
to extend the vesting period for an additional five years,
the balance of estimated transportation impact fees based
on the impact fee rate in effect at the time of the pre -
approval letter must be paid in five additional annual
installments of 20% with the first payment being made
within 30 days of the effective date of this Ordinance. At
the time the first 20% of the estimated payment is paid, the
applicant will deposit with the County sufficient security,
the form of which has been approved by the Board of
County Commissioners for a term of four years, in an
amount equal to the 20% payment. Upon payment of
100% of the balance of the estimated impact fees, the
certificate will be issued in perpetuity and the dedicated
security will be released. No further advance payments will
be due once actual road impact fees are paid equal to the
balance of the estimated transportation impact fees. Once
the first additional annual installment has been paid, the
security has been deposited with the County, and a
temporary COA has been issued failure to submit
payment in accordance with the provisions of this
subsection shall result in the following:
a) Upon failure to cure following 10 days written
demand the County will exercise its payment rights
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to the dedicated security and
b) The matter will be referred to the Board of Court
Commissioners for review. Absent the Board
finding exceptional circumstances, the temporary
certificate of public facility adequacy shall be
revoked.
vii. Offsets for road impact fees assessed to building permits
for impact fees paid in accordance with this subsection as
well as any remaining balance of payments related to the
original three -year certificate will be applied equally to the
new or remaining units or square footage and will run with
the subject land.
Viii. This provision is to be read in conjunction with section 74-
302(h) of the Collier County Code of Laws and
Ordinances.
C. Where the proposed development has been issued final
subdivision plat approval or final site development plan
approval PFieF to the sues'.,,__ date of this SeGti „ or about , a certificate of public facility adequacy shall be
obtained prior to approval of the next development order
required for the proposed development.
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..
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regulatORS iR GhapteF 7-4 of the Cade of Laws and QFdiRaRGes
e- d. Assessment and application of transportation impact fees and
surrender of certificate of public facility adequacy. WithR, R 90 days
of Upon notice by facsimile or other approved
electronic format that an application for a final local development
order and a certificate has -have been approved and as mate
issued, ^ prior to expiration of the temporary, 1 -year capacity
reservation previously secured by the applicant upon the
County's acceptance of the TIS pursuant to section 10.02.07
CAA.,
whichever of the 2 ncGHFs lateF, an applicant may pick
up the certificate upon payment of "' 's^ ^^ ^F` of the
estimated transportation impact fees due in accordance with
section 10.02.07 C.1.a. Such estimates shall be based on the
currently approved transportation impact fee rate schedule. If the
certificate is not picked up within the timeline set forth above and
the applicable estimated transportation impact fees paid, the
application will be deemed denied and the ^^^"^wont must reeRtep
the app! GatiOR ^. F.^ the begiRR ng. certificate will be
voided In such a case the applicant shall then be required to
apply for an extension of the capacity reservation in accordance
with section 10.02.07 CAA. If the size of the residential units is not
known at the time of payment, the t -Transportation impact fees for
residential development will be estimated using the fee based on
the mid -range housing size;_ unless the deRtia' use qualifies
affnrdable housing Afferdable housing estimated
F this seGtiGR pFiGF 4 the d Gf the 4h' d year afteF the ^ 1tial
Road impact fees paid to obtain a certificate of adequate public
facilities are non - refundable after payment and receipt of the
certificate of public facility adequacy certificate.
Not later than 45 days prior to the due date of the next to occur
annual installment for certificates issued subsequent to the
effective date of this amendment, or nNot later than 90 days prior
to the expiration of the 3 year period for sast certificates issued
prior to the effective date of this amendment, the county shall
notify the nprfif:_ct_ hPIdaF via registered then current owner via
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certified mail of the amount due calculated in accordance with
section 10.02.07 C.1.a. ...a,.. c� ^ ...,
bc!c_ due for the
trannnprtatiG Pact fees p to 50 n ° _ n4 ba .I the I f
r r i
building perm ts alread y issued. The hplann of th a 4 f
due —will be calculated at the rate n ^h d I theR .. tl
pl'cahle The developer may elesl 4.. • the hala RGe of the
estimated Vrannnertat'e n : mp act fees f the t'tl ! feF whioh
the e.t'f'sate pl'o edify the Ftif' at 4 a lesseF
fe%c an the rovirpel en1'tlee..ept`.. The e3ert'f'na4 f NI fa 'I'4
adea y nJ shall be ed'f'od W el d I the 4'41 t f
wh'nh the estimated tFaRS .n.b.4i9 aet fees id The aFe
eXpirat'nn date for the FemaiRiRg, 4n 50 percent, LaL�fF4l.
estimated tFanspeFtatien iFnpaGt fees due from a pFevieusly vested
development a o
r
that opts 'nte the r ed r f' d' a4
PFOGess as Y'
.: ded e,nf'e Mn no 07 C.I. f this C d will
relate hack to the date of .v.ea. "Ge of the U I .4'F 4
ORGe the baleRGG of the estimated tFa cpn'tat•eR n . t fees aFe pa `lies^ estimated fees are pen refundable Hewevep, the
Gertif Gate ef public faGility adequaGy FURS GGRt1R61GUSIy With the
I^nd et 'he after all estimated trap ortat' impaGt fees in
have beep aid An building 'f dravin down the
entitlements, the est mated tFaRSPeFtat GR impaGt fees already
.,_.,., r...... , .,e .e.........y pe,,,,�,., are
paid shall he debited at the rate of the impact fees H ff 4 at the
r mr
time of utiliz ^t AR If the estimated transportation impact fee
account becomes depleted, the developer shall pay the currently
applicable transportation impact fee for each building permit in
full prior to its issuance. In the event that upon build -out of the
development estimated transportation impact fees are still
unspent, the remaining balance of such estimated fees may be
transferred to another approved project within the same, or
adjacent, transportation impact fee district, provided any vested
entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the certificate of
public facility adequacy is modified to delete those entitlements.
2. Rules of general applicability for certificate of public facility adequacy.
Certificates of public adequacy issued for roads under section 10.02.07
C.1. of this Code will remain in effect until the expiration date of the
certificate s bseq_ ^t to the reffeet'.•e elate of this qpntion',; „d.. . t,
Will FUR in perpetuity provided provisions of subsection 10.02.07 C.1.e: d4
of this Code are met and that annual mid -year monitoring reports are filed
which comply with section 10.02.07 C.I. of this Code and all developer
requirements established during zoning or as part of a developer
contribution agreement are completed or are being constructed consistent
with the current development infrastructure improvement construction
commitment schedule.
a. Timing. An application for a certificate of public facility adequacy
may only be submitted as part of an application for a final local
development order subject to section 10.02.07 C.1. of this Code.
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b. Impact Fees. A complete application for a certificate of public
facility adequacy will include the calculation of the total amount of
transportation impact fees estimated to be due by the applicant
on the development for which a final local development order
application has been submitted. Impact fee calculations will be
reviewed and the amount estimated to be paid pursuant to section
10.02.07 C.1.e- d. of this Code finally determined by the impact
fee coordinator.
Payment in accordance with Section C.1.a. will be due at the time
of notification of approval of the final local development order
and will be deposited into the applicable impact fee trust fund and
will be immediately available for appropriation by the Board of
County Commissioners for transportation capital improvements.
Final calculation of impact fees due will be based on the intensity
of development actually permitted for construction and the impact
fee sr-;hPdule in P#eGt at the t Af the of build"
permFt(&) rate then currently applicable; such that additional
impact fees may be due prior to issuance of the building
permit(s). The balance of transportation impact fees shall be due
as provided for in section 10.02.07 C.1 of this Code.
C. Consolidated application. A final local development order 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
only be submitted with an application for final local development
order approval, where appropriate under this section. An
application for a certificate of public facility adequacy will receive
final approval and a certificate will be issued concurrently with
approval of a final local development order as set forth in
section 10.02.07 C.1.e d. of this Code.
d. Assignability and transferability. An approved certificate of public
facility adequacy shall run with the land associated with the
corresponding development approval, and shall be assignable
within the corresponding land of the approved development, and
shall not be assignable or transferable to other development,
except as may otherwise be provided for under an approved
development agreement. This provision does not preclude the
re- allocation of capacity between lots or parcels comprising the
land that is the subject of the same consolidated application for
development approval so long as the original certificate is
surrendered along with a written request by the then current
owner to re- allocate no more than that certificate's previously
approved capacity in a re- issued certificate.
Page 184 of 196
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4. Procedure for review of application.
a. Submission of applications and fees. The application for a
certificate of public facility adequacy for road facilities only shall be
submitted in duplicate to the Community Development and
Environmental Services Division Administrator. Such applications
shall be submitted at the filing for the next final local
development order as specifically provided for under section
10.02.07 C.1. All other applications for a certificate (i.e., except for
road facilities) shall be submitted at building permit application
aleflg w44 and final payment for any impact fees owed, including
any road impact fees -, will be due prior to building permit
issuance. Application fees in an amount to be determined by the
Board of County Commissioners shall accompany and be part of
the applications.
e. Approval of certificate; payment for, and cancellation of
certificates. Upon notification by facsimile by the Community
Development and Environmental Services Division Administrator
or #is designee and the Transportation Services Division
Administrator or his designee, that an application for a certificate
of public facility adequacy for road facilities has been approved,
V2 (Gn ^^.^o. t) of the estimated- transportation impact fees shall
be paid in accordance with section C.1.a. If the applicant does
not pick up the certificate and pay all applicable transportation
impact fees wth^ n^ days of ^ctifcatiOR by faG ,,;,' prior to
expiration of the temporary 1 -year capacity reservation previously
secured by the applicant upon the County's acceptance of the
TIS pursuant to section 10.02.07 C.4.f. , the certificate will be
voided. In such a case, the applicant shall then be required to
apply for ssuaRGe of ^ R8W GeFt fi^ ^t ^ an extension of the capacity
reservation in accordance with section 10.02.07 C.4.f. All Collier
County impact fees are due and payable at building permit
issuance based on the applicable rate structure in effect at the
time the building permit application is submitted -4 `��.
Traffic Capacity Reservation for all or part of the proposed
development may be approved and secured at application
pending approval of the final sub - division plat, site development
plan or building permit upon acceptance of the TIS by the
Transportation Administrator as part of a complete Application
Request (AR) deemed sufficient for review for the proposed
development by the CDES Division. The Transportation
Administrator will notify the applicant of any traffic capacity
reservation via facsimile per section 10.02.07 CA.c. Traffic
capacity reservations will be awarded to the development upon:
approval of the COA and final development order per section
10.02.07 CA.e., payment of road impact fees in accordance with
section 10.02.07 C.1.a. and 10.02.07 C.4.e., and Proportionate
Share Payment, if applicable, in accordance with section 6.02.01.
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Traffic capacity reservations approved under this section will
expire in 1 year, from TIS approval and determination of available
capacity, unless the final local development order for the
development is approved, or the Board approves an extension to
the 1 year time period.
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,
schools and roads).
g. Public school facilities The determination of public facility
development Public facility adeguacV for school facilities shall be
granted if any of the following conditions are met.
The necessary facilities and services are under
construction or the contract for such facilities and services
has been awarded accepted and duly executed by all
parties at the time a final site development plan or final
subdivision plat is approved
iii. The necessary facilities and services are found in the first,
second or third Vear of the School District of Collier
County's Five -Year Capital Improvement Plan; or
iv. The necessary facilities and services are subject of a
development agreement to contribute proportionate share
funding as provided for in Policy 2.4 in the Public School
Facilities Element of the Growth Management Plan or to
construct the needed facilities.
SUBSECTION 3.VV. AMENDMENTS TO SECTION 10.02.12 RESERVED
Section 10.02.12 Reserved, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 186 of 196
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10.02.12 °s ^red Submittal Requirements for Non -PUD Residential Rezones
A.
review for a determination of school capacity. Refer to section 10 04 09 for SIA
requirements.
SUBSECTION 3.WW. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT(PUD)PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04 -41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
A. Application and PUD master plan submission requirements. Applications for
amendments to, or rezoning to PUD shall be in the form of a PUD master plan of
development along with a list of permitted and accessory uses and a
development standards table. The PUD application shall also include a list of
developer commitments and any proposed deviations from the Land
Development Code. The PUD master plan shall have been designed by an urban
planner who possesses the education and experience to qualify for full
membership in the American Institute of Certified Planners, and /or a landscape
architect who possesses the education and experience to qualify for full
membership in the American Society of Landscape Architects, together with
either a practicing civil engineer licensed by the State of Florida, or a practicing
architect licensed by the State of Florida, and shall be comprised, at a minimum,
of the following elements:
School District's review for a determination of school capacity. Refer to
section 10.04.09 for SIA requirements
D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or
"sunsetting" shall be the term used to describe a PUD which has, through a
determination made by the planning services department director, not met the
time frames and development criteria outlined in this section of the Code as
applicable. For all PUDs, the owner entity shall submit to the planning services
department director a status report on the progress of development annually
Page 187 of 196
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from the date of the PUD approval by the board of county commissioners. The
purpose of the report will be to evaluate whether or not the project has
commenced in earnest in accordance with the following criteria:
8. PUD time limit extensions. Extensions of the time limits for a PUD may be
approved by the board of county commissioners. An approved PUD may
be extended as follows:
a. Maximum extension: There may be one PUD extension granted
for a maximum of two years from the date of original appreval
sunset.
SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS
FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD
OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board
B. Notice and public hearing where proposed amendment would change zoning
classification of land and for conditional uses and variances, for planned unit
development (PUD) rezoning extensions, conditional use extensions and for
small -scale or other site - specific comprehensive plan amendments. In the case
of a small -scale or other site - specific comprehensive plan amendment, an
application for extension of PUD zoning status or the rezoning of land, to include
re- zonings, conditional uses and variances initiated by other than the Board of
County Commissioners or amendments to planned unit developments, such
provisions shall be enacted or amended pursuant to the following public notice
and hearing requirements by the planning commission and the Board of County
Commissioners as applicable. Small -scale or other site- specific comprehensive
plan amendments, PUD extensions, rezoning, conditional uses, conditional
use extensions and variance petitions initiated by the Board of County
Commissioners or its agencies for county owned land shall be subject to these
provisions.
1. Applications for a PUD extension and a conditional use extension,
whether initiated by the applicant or the BCC, shall only be heard by the
BCC pursuant to the notice and advertising requirements set forth in
sections 10.03.05 B.10. and 11. of this Code.
2. In the case of PUD extensions pursuant to sections 10.02.13 D.4.,
Page 188 of 196
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10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use
extensions, a sign shall be posted at least 15 days prior to the date of the
hearing before the BCC and shall conform to the applicable sign
requirements listed below.
a. The sign advising of the PUD extension or conditional use
extension hearing shall be in substantially the following format:
PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT
(PUD) and /or CONDITIONAL USE EXTENSION
TO PERMIT: (set forth alternatives going to the BCC)
DATE:
TIME
THE ABOVE TO BE HELD IN COMMISSIONERS MEETING
ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON
TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES,
FLORIDA, 34112.
Public participation requirements for small -scale or other site - specific
comprehensive plan amendments, rezonings, PUD amendments, conditional
uses, Mixed Use Projects (MVPs), variances and parking exemptions.
Written notice of the meeting shall be sent to all property owners who are
required to receive legal notification from the county pursuant to
subsection 10.03.05 B.10. or 11. Written notice of the meeting shall be
sent to all property owners within 500 feet of the property lines of the land
for which the amendment to zoning is sought. The 500 -foot distance shall
be measured from the boundaries of the entire ownership or PUD. For
properties located within areas of the future land use element of the
growth management plan that are not designated urban, the foregoing
notice requirements apply, except that written notification must be sent to
all property owners within 1,000 linear feet of the subject property. For the
purposes of this requirement, the names and addresses of property
owners shall be deemed those appearing on the latest tax rolls of Collier
ceaaty County. The applicant shall provide written notice of the
Neighborhood Information meeting (NIM) to property owners,
condominium and civic associations whose members may be impacted
by the proposed land use changes and who have formally requested the
county to be notified.
Page 189 of 196
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SUBSECTION 3.YY. AMENDMENTS TO SECTION 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR
THE GMP
Section 10.04.00 Review and Action on Applications For Development Orders and Petitions for
Amendments to the Official Zoning Map, the LDC, or the GMP, of Ordinance 04 -41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT
ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC, OR THE GMP. AND FOR SCHOOL
CONCURRENCY DETERMINATIONS
SUBSECTION 3.ZZ. AMENDMENTS TO SECTION 10.04.09 REQUEST FOR
CONTINUANCE OF PUBLIC HEARING [RESERVED]
Section 10.04.09 Request for Continuance of Public Hearing [Reserved], of Ordinance 04 -41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
--
A Definitions Applicable to School Concurrency Reviews.
Adjacent Concurrence Service Areas Concurrence Service Areas which are
contiguous and touch along one side of their outside geographic boundary.
Available Capacity' Existing school capacity which is available within a
School District's Five Year Capital Improvement Plan.
Proportionate Share Mitigation (Schools): An Applicant improvement or
contribution identified in a binding and enforceable agreement between the
F.S.
School Board The governing body of the School District a political subdivision
of the State of Florida and a corporate body pursuant to Section 1001.40, F.S.
Page 190 of 196
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School District of Collier County The School District created and existing
pursuant to Section 4 Article IX of the State of Florida Constitution
Type of School. Schools providing the same level of education i.e. elementary,
middle high school or other combination of grade levels
B. School Concurrence Established
achieved and maintained.
2. Applicability. No residential subdivision plat or residential site
Mat adequate school capacity exists within a Concurrence
Service Area (CSA) for each Tvpe of School
a. The County may condition the approval of the application
to ensure that necessary schools are in place in order to
validate or render effective the approval This shall not
limit the authority of the County to deny a residential plat
residential site plan or its functional equivalent pursuant to
its home rule regulatory powers.
3. Exemptions The following shall be exempt from the terms of this
subsection:
WI:
"I:
dwelling units or change the dwelling unit type (e.g.,
single - family to multi - family).
community will be subiect to a restrictive covenant limiting
the age of permanent residents to 18 years and older.
Page 191 of 196
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e All new residential subdivision plats and site development
plans or amendments to previously approved residential
development orders which are calculated to generate less
than one student.
f Development that has been authorized as a Development
of Regional Impact pursuant to Chapter 380 F.S. as of July
1 2005.
10 04 09 for SIA requirements.
1.
review. The process is as follows:
a. An application for residential development is submitted to the
application fee payable to the School District to meet the cost or
review.
b Within 20 working days of receipt of a sufficient SIA application
the School District representative shall review the application and
provide written comments to the County Each SIA shall be
reviewed in the order in which it is received.
enter into a negotiation period to allow time for the mitigation
into an enforceable and binding agreement with the County and
the applicant.
Page 192 of 196
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d When capacity has been determined to be available the School
District representative shall issue a SCADL verifying available
reyoKetl and when its school impact fees have been paid
D. School Concurrence Approval Issuance of a SCADL by the School District
identifying that capacity exists within the adopted LOS standard indicates oniv
be performed by the School District
3. The County shall not issue a building permit for a non - exempt residential
development without confirming that the development received a COA
at plat or site plan approval and that the COA is still valid Once the
E. Proportionate Share Mitigation In the event there is not sufficient school
proportionate share mitigation options and if accepted shall enter into an
enforceable and binding agreement with the Applicant and the County to
mitigate the impact from the development through the creation of additional
school capacity.
F. Mitigation If mitigation is agreed to the School District shall issue a new SCADL
subdivision plat or site plan approval the mitigation measures shall be
memorialized in an enforceable and binding agreement with the County, the
is not agreed to the SCADL shall detail why any mitigation proposals were
Page 193 of 196
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available or that there is no available capacity following a 90 day negotiation
period constitutes final agency action by the School District.
SUBSECTION 3.AAA. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT
STANDARD PERMIT CONDITIONS
Appendix G, Annual Beach Event Standard Permit Conditions, of Ordinance 04 -41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st
through October 31st of each year) are also subject to the following regulations:
A. All required Florida Department of Environmental Protection (FDEP) Field
Permits, shall be obtained and a copy furnished to Collier County prior to
the time of the scheduled event as set forth in section 5.04.06. 5.04.07.
B. Consistent with section 5:84 -G6- 5.04.07. no structure set up, or beach
raking, or mechanical cleaning activity for any particular Beach Event
shall not commence until after monitoring conducted by personnel with
prior experience and training in nest surveys procedures and possessing
a valid Fish and Wildlife Conservation Commission Marine Turtle Permit
has been completed.
C. Prior to all scheduled beach events, every beach event permit holder is
required to rope off (or otherwise identify with a physical barrier) an area
with no less than a 15 -foot radius around each sea turtle nest that has
been identified and marked on a beach, unless a greater distance is
required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted
under section 5.9406. 5.04.07.
E. Consistent with section 5.94.06 5.04.07 all materials placed on the beach
for the purpose of conducting permitted Beach Events must be: 1)
removed from the beach by no later than 9:30 p.m. the date of the event;
and 2) no structures may be set, placed, or stored on, or within ten feet
of any beach dune, except that materials may remain in an identified
staging area until 10:00 p.m. The location and size of all staging areas will
be as identified in the annual beach events permit.
Page 194 of 196
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SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
Section not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re- lettered to accomplish such, and the word 'ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of
State, Tallahassee, Florida; with the exception that the amendments to Section 2.05.01,
as proposed in subsection 3.K of this Ordinance, shall become effective 45 days after
rendition of this Ordinance to the Department of Community Affairs, the Southwest
Florida Regional Planning Council and owner in accordance with Sections 9J -1 -002 and
9J -1 -003 F.A.C.; and with the exception that the amendments to Section 2.01.00, as
proposed in subsection 3.D of this Ordinance, shall become effective upon repeal of
Ordinance No. 08 -64.
Page 195 of 196
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of June, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: BY
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
Heidi Ashton - Cicko, Esq.
Section Chief, Land UsefTransportation
04 -CMD -01077 /1016 -HFAC DRAFT 5/21/10
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F 3W-1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. At to original document Original documents should he hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Of only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines 41 through 44 as appropriate for additional signatures, dates, and /or information needed. If INe document is already complete with the
e ee non of the Chairman's si nature draw a line throu h routing lines 4 i throu h 44 complete the checklist, an d forward to Sue Filson line #5).
x
Route to Addressee(s)
List in routing order
Office
Initials
Date
I.
appropriate.
(Initial)
Applicable)
2.
June 8, 2010 (continued from 6/2/2010)
Agenda Item Number
2 A[ 3
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Heidi Ashton - Cicko,
Asst. County Attorney
County Attorney
Number of Original
6/8/2010
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION 1- --- �, -,,`,f -
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including s need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's siguomre are to be delivered to the BCC office only after the BCC has acted to approve the
item
Name of Primary Staff
Heidi Ashton -Cicko
Phone Number
252 -8400
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
June 8, 2010 (continued from 6/2/2010)
Agenda Item Number
2 A[ 3
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Ordinance — LDC Amendments Z
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 04, Revised 1.26.05, Revised 2 24.05
04 -CMD- 01077/1025
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
C
f `�
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties exce t the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain�'>\°
r
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on ,June 8, 2010 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 04, Revised 1.26.05, Revised 2 24.05
04 -CMD- 01077/1025
3C'11
ORDINANCE NO. 10 -23
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION
1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES,
INCLUDING TABLE OF CONTENTS, SECTION 2.01.00
GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS,
SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND
ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES
FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT
OF APPROVALS UNDER THE ZONING REEVALUATION
ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01
DENSITY STANDARDS AND HOUSING TYPES; CHAPTER
THREE - RESOURCE PROTECTION, INCLUDING SECTION
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR
LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION
3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING
SECTION 3.04.03 REQUIREMENTS FOR PROTECTED
PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION:
RESORT TO OTHER REMEDIES, SECTION 3.05.07
PRESERVATION STANDARDS, SECTION 3.06.06
REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION
4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES
IN BASE ZONING DISTRICTS, SECTION 4.02.02
DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND
ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION
4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29
SAME -FARM MARKET OVERLAY SUBDISTRICT, SECTION
4.02.32 SAME -MAIN STREET OVERLAY SUBDISTRICT,
SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT
IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION
4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING
SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY,
SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS,
SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE -
SUPPLEMENTAL STANDARDS INCLUDING TABLE OF
Page I of 194
Words stFuek through are deleted, words underlined are added
CONTENTS, SECTION 5.03.02 FENCES AND WALLS,
SECTION 5.04.01 GENERALLY (TO BE PROVIDED)
[RENAMED TO TEMPORARY USE PERMITS], SECTION
5.04.04 MODEL HOMES AND MODEL SALES CENTERS,
SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06
TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH
EVENTS PERMITS, ADDING SECTION 5.04.08 [RESERVED],
5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10
TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK
DESIGN STANDARDS, CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, INCLUDING ADDING SECTION 6.02.09
PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE
REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE;
CHAPTER EIGHT - DECISION - MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01
[PLANNING COMMISSION] ESTABLISHMENT; POWERS AND
DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03
QUORUM AND VOTING, SECTION 8.03.04 RULES OF
PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION
8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION
8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING
APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02
MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION
8.04.04 RULES OF PROCEDURE, SECTION 8.04.05
COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION
8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND
APPEALS] ESTABLISHMENT AND PURPOSE, SECTION
8.05.02 POWERS AND DUTIES, SECTION 8.05.03
MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05
RULES OF PROCEDURE, SECTION 8.06.01
[ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT,
SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND
DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05
QUORUM AND VOTING, SECTION 8.06.06 RULES OF
PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION
8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE
EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01
[HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD]
ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES,
SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04
COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER
TEN - APPLICATION, REVIEW, AND DECISION- MAKING
PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION
10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL
REQUIREMENTS FOR PERMITS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF
PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED
Page 2 of 194
Words 5tFuek t=hrough are deleted, words underlined are added
3C
[RENAMED TO SUBMITTAL REQUIREMENTS FOR NON -PUD
RESIDENTIAL REZONES], SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE
THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC, AND THE HISTORIC
PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND
ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS
AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09
REQUEST FOR CONTINUANCE OF PUBLIC HEARING
(RESERVED) [RENAMED TO SCHOOL CONCURRENCY
PROCEDURES FOR REVIEW AND APPROVAL OF
RESIDENTIAL SUBDIVISION PLAT AMENDMENTS];
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT
CONDITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development
Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June
22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No.
91 -102, as amended, the Collier County Land Development Code, which had an
effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar
year unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the first amendment to the LDC for the calendar year 2010,
and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97 -177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold advertised public hearings on May 17, 2010 and June 2, 2010 and June 8, 2010
and did take action concerning these amendments to the LDC; and
Page 3 of 194
Words struck through are deleted, words underlined are added
3C
WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
local government comprehensive planning and land development regulation act (F.S. §
163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home
rule powers of Fla. Const. Art. VIII, § 1(f); and
WHEREAS, all applicable substantive and procedural requirements of the law
have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after the "Act'), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations for the
total unincorporated area shall be based on, be related to, and be a means of
implementation for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent.
Page 4 of 194
Words '-aa�,a'k thfoug are deleted, words underlined are added
3 C e
5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its
comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat.,
and Rule 9J -5 F.A.C.
7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive
plan, or element or portion thereof, has been adopted in conformity with the Act, all
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such comprehensive plan, or
element or portion thereof shall be consistent with such comprehensive plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the comprehensive plan if the land uses,
densities or intensities permitted by such regulation are compatible with and further the
objectives, policies, land use densities and 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. The Land Development Code adopted in Ordinance 91 -102
was recodified and superseded by Ordinance 04 -41.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
to encourage the most appropriate use of land, water and resources consistent with the
public interest; to overcome present handicaps; and to deal effectively with future
problems that may result from the use and development of land within the total
unincorporated area of Collier County and it is intended that this Land Development
Code preserve, promote, protect and improve the public health, safety, comfort, good
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order, appearance, convenience and general welfare of Collier County; to prevent the
overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks,
recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to maintain through
orderly growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
CSA Concurrence Service Areas
FISH Florida Inventory of School Houses
SCADL School Capacity Availability Determination Letter
SIA School Impact Analysis
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SUBSECTION 3.13. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
Ancillary Facility A building or other facility necessary to provide district -wide
Concurrency Service Area (CSA): A geographic area in which the level of
Dwelling multi - family: A group of 3 or more dwelling units within a single
building.
a. Multiple - family dwelling uses may involve dwelling units intended to be rented
ownership of land beneath each dwelling unit following development from a
common base of ownership.
a. Anv multiple - family dwelling in which dwellinq units are available for rental for
periods of less than one week shall be considered a tourist home a motel
motor hotel or hotel as the case may be and shall only be permitted in
districts where specifically designated.
b. Timeshare estate facilities shall be considered as intended primarily for
transient occupancy and shall only be permitted in districts where specifically
designated.
c. Guesthouses and employee quarters shall not be considered as dwelling
units in the computation of density.
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Florida Inventory of School Houses (FISH) — Permanent Capacity: The report of
each program.
Lot corner A lot located at the intersection of two or more streets. A lot abutting
angle of less than 135 degrees.
Lot interior A lot other than a corner lot with only one frontage on a street. See
Figure 8.
Lot through A lot other than a corner lot with frontage on more than one street.
Through lots abuttinq two streets are considered double - frontage lots. See Figure 8.
capacity is available to serve a residential project if capacity exists for each school type
and whether the proposed development is conceptually approved or vested.
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Timeshare estate facility' Any dwelling in which timeshare estates have been
created.
Timeshare unit A dwelling unit in which timeshare estates have been created.
Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references such as those listed ideai+iied in
section 4.06.050. ` h this Code s te, 9F reqU Fes eteRti of exist R atiye
Vegetation, having
2008 Interlocal Agreement: the Interlocal Agreement between the Collier County
School Board and Collier County as recorded in Official Record Book 4492, Page 1107,
et seg., which bears an effective date of October 14 2008 establishing processes for
public school facility planning and public school concurrence
TMI
Figure 8
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SUBSECTION 3.C. AMENDMENTS TO CHAPTER 2 ZONING DISTRICTS AND USES —
TABLE OF CONTENTS
Chapter 2 Zoning Districts and Uses Table of Contents, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
CHAPTER 2 ZONING DISTRICTS AND USES
2.01.00 Generally
2.01.01
Purpose
2.01.02
Miscellaneous Structures
2.01.03
Essential Services
2.01.04
Polling Places
2.02.00 Establishment of Zoning Districts
2.02.01
Establishment of Official Zoning Atlas
2.02.02
District Nomenclature
2.02.03
Prohibited Uses
2.02.04
Continuation of Provisional Uses
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses
2.03.01
Agricultural Zoning Districts
2.03.02
Residential Zoning Districts
2.03.03
Commercial Zoning Districts
2.03.04
Industrial Zoning Districts
2.03.05
Civic and Institutional Zoning Districts
2.03.06
Planned Unit Development Districts
2.03.07
Overlay Zoning Districts
2.03.08
Rural Fringe Zoning Districts
2.03.09
Open Space Zoning Districts
2 03 10
Districts Under Moratorium [Reservedl
2.04.00 Permissible, Conditional, and AGcessery Uses in Zoning nintrints Reserved
2.05.00 Density Standards
2.05.01 Density Standards and Housing Types
2.05.02 Density Blending
2.06.00 Affordable Housing Density Bonus
2.06.01
Generally
2.06.02
Purpose and Intent
2.06.03
AHDB Rating System
2.06.04
Limitations on Affordable Housing Density Bonus
2.06.05
Affordable Housing Density Bonus Monitoring Program
2.06.06
Violations and Enforcement
2.07.00 Reserved
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SUBSECTION 3.13. AMENDMENTS TO SECTION 2.01.00 GENERALLY
Section 2.01.00 Generally, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.01.00 GENERALLY
i. wt:
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2
W20-10 02
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2.01.01 - PURPOSE
It is the intent and purpose of this Chapter to establish and adopt zoning districts to
govern the use of land and water in the unincorporated areas of Collier County, Florida.
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS
Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Zoning Districts.
B. Estate District (E). The purpose and intent of the estates district (E) is to provide
lands for low density residential development in a semi -rural to rural
environment, with limited agricultural activities. In addition to low density
residential development with limited agricultural activities, the E district is also
designed to accommodate as conditional uses, development that provides
services for and is compatible with the low density residential, semi -rural and
rural character of the E district. The E district corresponds to and implements the
estates land use designation on the future land use map of the Collier County
GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be
consistent with and not exceed the density permissible or permitted under the
estates district of the future land use element of the Collier County GMP as
provided under the Golden Gate Master Plan.
1. The following subsections identify the uses that are permissible by right
and the uses that are allowable as accessory or conditional uses in the
estates district (E).
b. Accessory Uses.
Uses and structures that are accessory and incidental to
uses permitted as of right in the (E) district.
2. Field crops raised for the consumption by persons residing
on the premises.
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3. Keeping of fowl or poultry, not to exceed 25 in total
number, provided such fowl or poultry are kept in an
enclosure located a minimum of 30 feet from any lot line,
and a minimum of 100 feet from any residence on an
adjacent parcel of land.
4. Keeping of horses and livestock (except for hogs), not to
exceed two such animals for each acre, and with no open
feedlots. Any roofed structure for the shelter and feeding of
such animals shall be a minimum of 30 feet from any lot
line and a minimum of 100 feet from any residence on an
adjacent parcel of land.
On lots /parcels of 1.25 acres and greater, section
5.04.05 D.1. provides for the issuance of a 16 -week
temporary use permit (TUP) to keep a maximum of
2 hogs while engaged in a bona fide 4 -H youth
development program.
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
Campground F Travel Trailer-Recreational Vehicle
feet an gFoss floor area. Such trailer lots are intended tn aGrornmadate tFavel
tFamleFs, model travel trailers, piGkup GoaGhes, moteF homes, and other vehigular
aGGOMModatiens which aFe suitable for ternpeFary habitat on, used f9F travel,
may be permanently leGated on a let; heweveF, no peMeR or pemans ma
Purpose and intent. The provisions of this district are intended to apply to
trailer lots for travel trailers, park model travel trailers and recreational
vehicles, not exceeding 469 500 square feet in gross floor area. Such
trailer lots are intended to accommodate travel trailers, model travel
trailers, pickup coaches, motor homes, and other vehicular
accommodations which are suitable for temporary habitation, used for
travel, vacation, and recreational purposes. Campsites are intended to
accommodate temporary residency while camping, vacationing or
recreating, TTRVC vehicles may be permanently located on a lot,
however, no person or persons may occupy said vehicles as permanent
places of residence.
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SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04 Industrial Zoning Districts, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 Industrial Zoning Districts
A. Industrial District (1). The purpose and intent of the Industrial district (1) is to
provide lands for manufacturing, processing, storage and warehousing,
wholesaling, and distribution. Service and commercial activities that are related
to manufacturing, processing, storage and warehousing, wholesaling, and
distribution activities, as well as commercial uses relating to automotive repair
and heavy equipment sales and repair are also permissible in the I district. The I
district corresponds to and implements the industrial land use designation on the
future land use map of the Collier County GMP.
1. The following uses, as identified within the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this
section, are permitted as a right, or as accessory or conditional uses
within the industrial district (1).
a
Permitted uses.
54 Existing retail uses that were in operation on January 1,
2009 in the Industrial zoning district and which have been
retail use. These existing retail businesses shall be treated
as legal non - conforming uses in accordance with the LDC,
provided however that in the event of destruction or
damage due to natural disaster, the structures housing
such uses may be rebuilt to their pre- disaster condition.
SUBSECTION 3.1-11. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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2.03.07 Overlay Zoning Districts
. . . . . . . . . . . .
D. Special Treatment Overlay (ST).
4. Transfer of Ddevelopment Rights (TDR).
C. TDR credits from RFMU sending lands: General Provisions
ii. Creation of TDR Bonus credits. TDR Bonus credits
shall only be generated from RFMU sending land
property from which TDR credits have been severed.
The three types TDR Bonus credits are as follows:
c) Early Entry Bonus credits. Early Entry Bonus
credits shall be generated at a rate of 1 additional
credit for each TDR credit that is severed from
RFMU sending land for the period from March 5,
2004 2 until March 27. 2012 three rears ane
the adeptien of this Fegulation. Early Entry Bonus
credits shall cease to be generated after the
termination of this early entry bonus period.
However, Early Entry Bonus credits may
continue to be used to increase density in RFMU
and non -RFMU Receiving Lands after the
termination of the Early Entry Bonus period.
f. Procedures applicable to the severance and redemption of
TDR credits and the generation of TDR Bonus credits from
RFMU sending lands.
ii. In order to facilitate the County's monitoring and
regulation of the TDR Program, the County shall serve
as the central registry for all TDR severances, transfers
(sales) and redemptions, as well as maintain a public
listing of TDR credits available for sale along with a
listing of purchasers seeking TDR credits. No TDR
credit generated from RFMU sending lands may be
utilized to increase density in any area unless the
following procedures are complied with in full.
b) TDR Bonus credits shall not be used to increase
density in either non -RFMU receiving areas or
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RFMU receiving lands until a TDR
credit certificate reflecting the TDR Bonus
credits is obtained from the County.
1) Early Entry Bonus credits. All TDR
credit certificates issued by the County for
the period from the effective date of this
provision until March 27, 2012 thFee - yea=s
aftpr sunh °"°c': a date shall include one
Early Entry Bonus creditor fractional Early
Entry Bonus credit for each TDR credit or
fractional TDR credit reflected on the TDR
credit certificate. Where TDR credits were
severed from March 5, 2004, until the
effective date of this provision, the County
shall, upon receipt of a copy of the TDR
credit certificate reflecting those previously
severed TDR credits, issue a TDR credit
certificate entitling Early Entry Bonus
credits equal in number to the previously
severed TDR credits.
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay
District with distinct subdistricts for the purpose of establishing development
criteria suitable for the unique land use needs of the Immokalee Community. The
boundaries of the Immokalee Urban Overlay District are delineated on the maps
Map below.
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IMMOKALEE OVERLAY DISTRICT
A-MUD I \'.' / IUD
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F
hill
A-MAO
[Replace existing Immokalee Overlay Map with the following two maps.]
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IMMOKALEE REGIONAL
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thereon and the review process.
deviations will be reviewed by the Planning Commission. This
section is not intended to replace the current established process
of requesting deviations through the PUD rezoning process Any
deviations from the LDC which are not expressly provided for in
this section shall be processed as variances in accordance with
Section 9.04.00 of the LDC.
b Concurrent Deviation Application required. All deviation requests
shall be made concurrently with an application for an SDP or
shall list all requested deviations on the required site plan(s), and
case basis.
C. Insubstantial Deviations. Requested deviations that do not exceed
10 percent of the required dimension, amount, size, or other
percent of the LDC requirement (not more than 10 spaces) are
insubstantial. To be approved the following criteria must be
considered:
The proposed deviation is compatible with adiacent land
uses and structures achieves the requirements of the
regulations as closely as is practicable, and meets the
intent of the related Land Development Code regulations:
and
increased open space, landscaping, pedestrian spaces,
buffering or architectural features in order to meet the
intent of the regulation being diminished.
d Substantial Deviations. Requested deviations that do not qualify
as insubstantial deviations are substantial deviations:
I. Considerations for Review and Approval: The CCPC shall
consider the following:
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closely as is practicable; and
the property and /or address the issue necessitating
the deviation request; and
C) Whether the reduced or increased standard
requested by the deviation is mitigated for, either
on the subject site or by providing a public benefit
on the subject site. Examples of such on -site
mitigation include but are not limited to: increasing
setbacks from the adjacent road right -of -way
when proposing to deviate from sign size
limitations increasing plantings or planting sizes or
installing a fence or wall where a reduced buffer
width is proposed providing public pedestrian
and /or bicycle pathway easements or other similar
mobility improvements including transit
enhancements providing public parking; providing
beautification in the public realm including street
trees street furniture lighting and other similar
public benefits.
deviation from the dimensional requirements of the following Code
provisions unless otherwise noted.
i. 2.03.01 Agricultural Zoning Districts, limited to subsection
A.1.b.4.ii.
ii. 2 03 03 Commercial Zoning Districts limited to the
a) A.1.c.11.vii.
and ix.; and
b) E.1.c.4.iv.
V. 4.02.01 A Dimensional Standards for Principal Uses
in Base Zoning Districts:
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b) Table 2 Building Dimension Standards for
Principal Uses in Base Zoning Districts, excluding
building height and in the case of commercial
parcels, no deviation shall be granted, for new
development from the required 50 -foot building
setback when abutting residentially zoned
properties or from the minimum 10 -foot wide
landscaped strip between the abutting road right -
of -way and the off - street parking area for new
development but deviations from these
requirements may be considered in the case of
redevelopment where existing structures and /or
encroachments are proposed to remain;
C) Table 2.1 - Table Of Minimum Yard Requirements
(Setbacks) for Base Zoning Districts.
and /or encroachments are proposed to remain.
viii 4.02.03 B Accessory Building Lot Coverage.
ix 4.02.27 C Specific Design Standards for the Immokalee --
State Road 29A Commercial Overlay Subdistrict Building
Design Standards.
X. 4 02 28 A Same -- Jefferson Avenue Commercial Overlay
Subdistrict Building Design Standards.
xii 4 02 32 Same - -Main Street Overlay Subdistrict, limited to
the following subsections: A. C.1; D.3 and D.4; and E.1,
E.2. and E.3.
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xiii 4 05 04 H (Spaces Required) Table 17 and 4 05 06 B
4 05 04 G.2., recognizing that the reduced need for off-
street parking in Immokalee may be offered as a viable
basis for such administrative deviation.
xiv. 4 06 02 C Buffer Requirements (limited to required width)
requirements may be considered in the case of
redevelopment where existing structures and /or
encroachments are proposed to remain.
Vehicular Use Areas.
xvii 4 06.05 C General Landscaping Requirements, Building
Foundation Planting Requirements (including Table Inset).
xviii 5 05 08 C Architectural and Site Design Standards,
Building Design Standards. Deviations from non -
dimensional provisions of this section are also allowed as
substantial deviations.
xx. 5.05.08 E Architectural and Site Design Standards, Site
Design Standards limited to subsections 1.b; 2; 3; 4; 5 and
7 Deviations from non - dimensional provisions of this
section are also allowed as substantial deviations. Note:
Nothing in LDC Section 5.05.08 Architectural and Site
Immokalee Urban Overlay District provided that: 1) such
murals are reviewed and accepted by the Collier County
Redevelopment Agency staff and 2) such murals do not
contain text for the purpose of advertisinq any business or
commercial activit
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xxi 5 06 04 Development Standards for Signs in
Nonresidential Districts, limited to subsection F.
extension of these provisions may be granted by the BCC by
Resolution if the BCC deems an extension is warranted.
q Public Notice Public notice including signage notice to property
owners and an advertised public hearing is required for
for Variances.
250 -58 of the Codes of Laws and Ordinances.
I. Bayshore Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced
on BMUD Map 1; and further identified by the designation "BMUD" on the
applicable official Collier County Zoning Atlas Map or map series.
6. Bayshore Mixed Use District (BMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and
intent of this subdistrict is to encourage a mix of low intensity
commercial uses and residential uses (see 2.03.07 1.6. Tables 1
and 2). Developments will be human -scale and pedestrian -
oriented. For mixed use projects only, subject to the MUP
approval process in section 2.03.07 1.3., refer to Tables 1 and 2
for permitted uses. Otherwise, permitted uses are in accordance
with the underlying zoning district.
b. Waterfront Subdistrict (W). The purpose of this subdistrict is to
allow maximum use of the waterfront for entertainment while
enhancing the area for use by the general public. Development
standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards
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J
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set forth in section 4.02.17. For mixed use projects only, subject to
the MUP approval process in section 2.03.07 1.3., refer to
subsection 2.03.07 1.6. Tables 1 and 2 for permitted uses.
Otherwise, permitted uses are in accordance with the underlying
zoning district.
Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts
P = permitted
E = permitted with certain exceptions
co
Blank cell = prohibited (also see table of
E
conditional and accessory uses)
o
w
U
�
SIC Code
W
0
0 U
o
t Z
Z 'y
Land Use Type or Category
m cn
m
Performing Arts Theater
7922
PE'
NOTES FOR TABLE 1
e Performance seating limited to-290 500 seats.
Goodland Zoning Overlay (GZO). To create design guidelines and development
standards that will assure the orderly and appropriate development in the
unincorporated area generally known as Goodland. The Goodland Zoning
Overlay district (GZO) is intended to provide regulation and direction under which
the growth and development of Goodland can occur with assurance that the
tropical fishing village and small town environment of Goodland is protected and
preserved, and that development and /or redevelopment reflect the unique
residential and commercial characteristics of the community. The boundaries of
the Goodland Zoning Overlay district are delineated on Map 1 below.
4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain
any sheds that were constructed prior to October 17, 2003. Storage
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sheds for fishing and boat equipment on the boat dock parcels off of
Bayshore Way constructed after October 17, 2003 are permissible if they
comply with the following requirements:
a. The appropriate building permit must be obtained.
b. Bayshore drive Way setback: ten feet.
C. Waterfront setback: ten feet.
d. Side yard setback: 0 feet.
e. Maximum size of shed: 144 square feet.
SUBSECTION 3.1. AMENDMENTS TO SECTION 2.04.00 PERMISSIBLE, CONDITIONAL
AND ACCESSORY USES IN ZONING DISTRICTS / RESERVED
Section 2.04.00 Permissible, Conditional and Accessory Uses in Zoning Districts / Reserved, of
Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
2.04.00 Reserved
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SUBSECTION 3.J. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES
Section 2.05.01 Density Standards and Housing Types, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and
housing type criteria shall apply.
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Maximum
Housing
a
Density 2,
Type:
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per gross
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30
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E
a)
U
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U
F
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GC
Two
0,2(l
A
✓
S
J
unit per 5
acres)
0.44(l
E
J
J
unit per
2.25
acres)
RSF -1
J
J
✓
1
RSF -2
J
J
J
2
RSF -3
✓
✓
✓
3
RSF -4
✓
J
J
4
RSF -5
J
J
✓
5
RSF -6
✓
✓
J
6
RMF -6
✓
J
J
✓
✓
✓
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RMF -12
S
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RMF -16
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RT 3.117
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26
Page 28 of 194
Words stfaek through are deleted, words underlined are added
3 C iA.
RT 4, L7
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J
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16
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16
VR 6
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7 .26
7
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8.71
e
rVR
✓
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14.52
9
✓
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7.26
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12
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16
C -210
One
16
C -3 10
On
16
C -4
One
C -5
One
I
One
BP
One
CON "
J
0.2 (1 unit
per 5
acres)
0.33(l
unit per 3
acres) Big
Cypress
BMUD 12
S
S
S
S
12
GTMUD 12
S
S
S
S
12
R -1
✓
J
J
J
R -2
✓
✓
J
✓
GZO
Per underlying zoning district
VB- RTO' —'
✓
✓
J
16 for
timeshare
mf &
twnhses;
26 for
hotels and
motels
GGDCCO
/
Per
underlying
zoning
district
Page 29 of 194
Words u^': are deleted, words underlined are added
3 C . w
Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and
motor homes.
2 Density is calculated as the number of residential dwelling units per gross acre
(see definition of density, residential). Generally, in all zoning districts except for A, E
and CON, this indicates the maximum allowable density, including any applicable
density bonuses per the density rating system in the growth management plan.
Density may be restricted by the board of county commissioners at the time of rezoning
to something less than the maximum, as indicated parenthetically on the official zoning
atlas maps. For example, "RMF -6(4)" allows all uses and development standards of the
RMF -6 zoning district but density is limited to 4 dwelling units per acre.
' A maximum of twenty six (26) dwelling units per acre are allowed for hotels and
motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the
-4 For RT zoning located inside Activity Centers as designated on the Growth
Management Plan's Future Land Use Map, residential units (including those for
timeshares and multifamily uses) are allowed at a maximum of s)(teeR (16) dwelling
units per acre. Similarly for RT zoning not located within Activity Centers but in
existence at the time of adoption of the LDC (October 30, 1991), residential units are
allowed at a maximum of sixteen (16) units per acre.
5 For RT zoning not located within Activity Centers and not in existence at the time
of adoption of this LDC (October 30, 1991), allowed density is per the density rating
system up to sixtee (16) dwelling units per acre. The calculation of density shall be
based on the land area defined by a lot(s) of record.
6 Density for single - family and mobile home, with or without clustering.
' Density for duplex, with or without clustering.
a Density for multi - family, with or without clustering.
e In the MH district, modular homes are allowable.
"Properties zoned C -1 through C -3 may have associated residential densities in
instances of mixed -use development pursuant to the Future Land Use Element of the
Growth Management Plan.
Page 30 of 194
Words `- c'., kthr
through are deleted, words underlined are added
0.025(l
RFMU "
✓
✓ 16
unit per 40
acres)
0.2 (1 unit
RFMU 14
✓
✓
J
J
✓ 16
✓
✓
J
per 5
acres)
0.2 (1 unit
RFMU'S
✓
✓
✓
J
J16
J
✓
J
✓
per
acres)
0.2 (1 unit
MHO
J
per 5
acres)
Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and
motor homes.
2 Density is calculated as the number of residential dwelling units per gross acre
(see definition of density, residential). Generally, in all zoning districts except for A, E
and CON, this indicates the maximum allowable density, including any applicable
density bonuses per the density rating system in the growth management plan.
Density may be restricted by the board of county commissioners at the time of rezoning
to something less than the maximum, as indicated parenthetically on the official zoning
atlas maps. For example, "RMF -6(4)" allows all uses and development standards of the
RMF -6 zoning district but density is limited to 4 dwelling units per acre.
' A maximum of twenty six (26) dwelling units per acre are allowed for hotels and
motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the
-4 For RT zoning located inside Activity Centers as designated on the Growth
Management Plan's Future Land Use Map, residential units (including those for
timeshares and multifamily uses) are allowed at a maximum of s)(teeR (16) dwelling
units per acre. Similarly for RT zoning not located within Activity Centers but in
existence at the time of adoption of the LDC (October 30, 1991), residential units are
allowed at a maximum of sixteen (16) units per acre.
5 For RT zoning not located within Activity Centers and not in existence at the time
of adoption of this LDC (October 30, 1991), allowed density is per the density rating
system up to sixtee (16) dwelling units per acre. The calculation of density shall be
based on the land area defined by a lot(s) of record.
6 Density for single - family and mobile home, with or without clustering.
' Density for duplex, with or without clustering.
a Density for multi - family, with or without clustering.
e In the MH district, modular homes are allowable.
"Properties zoned C -1 through C -3 may have associated residential densities in
instances of mixed -use development pursuant to the Future Land Use Element of the
Growth Management Plan.
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" The density of 1 dwelling unit per 3 gross acres only applies to private in-
holdings within the Big Cypress National Preserve that were in existence prior to
October 14, 1974.
12 Maximum allowable density in the BMUD and GTMUD overlays is attained
through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in
the Overlays.
13 One dwelling unit per 40 acres is the maximum density permitted in RFMU
Sending Lands (see section 2.03.08).
14 One dwelling unit per 5 acres is the maximum density permitted in RFMU
Neutral Lands (see section 2.03.08).
15 One dwelling unit per acre is the maximum density permitted in RFMU
Receiving Lands located outside of a Rural Village with redemption of Transfer of
Development Rights (TDR) credits; 0.2 units per acre is the maximum density permitted
in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per
acre is the maximum density per acre in RFMU Receiving Lands located within a Rural
Village with the redemption of TDR credits (see section 2.03.08).
16 Only if Mobile Home Overlay exists.
17 1 --1, „ff ,,,,;�. 1Nhe.e fhe fl.,.,. ,.� .,f � inif nr hnful rnnm rnntnins
each lock -off accommodation shall be counted as a full timeshare unit when computing
the allowable density.
B. Acreage associated with historical /archaeological resources preserved within the
boundaries of a project shall be included in calculating the project's permitted
density.
SUBSECTION 3.K. AMENDMENTS TO SECTION 3.04.00 PROTECTION OF
ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION
3.04.01 GENERALLY
Section 3.04.00 Protection of Endangered, Threatened, or Listed Species, Section 3.04.01
Generally, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including
measures for protection and /or relocation of endangered, threatened, or species
of special concern listed by:
Florida Fish and Wildlife Conservation Commission (FFWCC) as
endangered, threatened, or species of special concern and as provided
for the bald eagle in F.A.C. 68A- 16.002.
United States Fish and Wildlife Service (USFWS) as endangered or
threatened and as provided for by the Bald and Golden Eagle Protection
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law
Act.
B. Applicability and Exemptions.
General Applicability: Except as provided in 2 below, all new
development shall be directed away from listed species and their
habitats by complying with the guidelines and standards set forth in this
section.
2. Exemptions: The following are exempt from the provisions of this Section:
Agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes,
b. All development within the RLSA District, except as specifically
provided in section 4.08.00; and
C. All development within the NBMO, except as specifically provided
in section 2.03.08.
C. EIS and .Management plans.
Exemption. Single- family lap tted lots or construction of a single - family
home including accessory uses and structures, on a lot of record that
shall not be
required to prepare an a management plan but shall comply with
approved management plans for the subdivision in which they are
located.
32. Management Plans.
a. General Requirements. A wildlife management plan shall be
required for all projects where the wildlife survey indicates listed
species are utilizing the site or where bald eagle nests occur on
tha city or within distances to the site identified in the Bald Eagle
Management Plan utilized by the FFWCC. These plans shall
describe how the project directs incompatible land uses away from
l sted these species and their habitats and shall incorporate proper
techniques to protect listed these species and their habitat, and
the nests of bald eagles from the negative impacts of proposed
development. Incompatible land uses and proper techniques to
protect listed species and their habitat and the nests of bald
eagles shall be in accordance with the guidelines management
plans and recommendations of the FFWCC or USFWS.
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of any listed species that may be discovered.
b. References. Management guidelines contained in publications
shall be used for developing required management plans. The to pFepaFe the
management pion
Fed used, ,
requ .d
37:1►- 71:f7.
D. Protective measures. All developments subject to this section shall adhere to
the following:
General.
a. In those areas where clustering is permitted, all developments
shall be clustered to discourage impacts to listed species
habitats.
b. Open space and vegetation preservation requirements shall be
used to establish buffer areas between wildlife habitat areas and
areas dominated by human activities.
C. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize development impacts to the wildlife and to
facilitate and encourage wildlife to use wildlife corridors.
d. Appropriate roadway crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
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shall be given to preserving the habitat of that listed species, as
provided in section 4.06.04.
Management Plans shall contain a monitoring program for
developments greater than 10 acres.
Letters of technical assistance from the FFWCC and /or
recommendations from the USFWS shall be deemed to be
consistent with the GMP. Other forms of technical assistance from
the FFWCC and /or USFWS shall be acceptable based on the
nature of the evaluation.
Single- family platted lots or construction of a single - family home, including
accessory uses and structures, on a lot of record, seven and ORe hall (' ""
aG °c OF A66 iR size, shall be exempt from the requirements set forth in sections
3.04.02 A C E F, G B and 3.04.03, but shall comply when required as part of
the subdivision in which thev are located.
g. HoweveF, gopher t9FtGi6es shall be pFeteGted puFGuant te this seGtioR. Other
agency approvals may be required in accordance with 10.02.06 C.
SUBSECTION 31. AMENDMENTS TO SECTION 3.04.02 SPECIES SPECIFIC
REQUIREMENTS
Section 3.04.02 Species Specific Requirements, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.04.02 Species Specific Requirements
On pFepepty wheFe the wildlife suFvey establishes that listed speGie6 aFe utiliziRg
thp site or i_vhera the Site 66 capable of supporting listed 6PBGdes and 6uGh 1 sted 6peGie6
Gan be antiGipated to p0teRtially GGGUPY the site, the County shall, Gen6i6tent with the
plans shall describe how the proiect directs incompatible land uses away from listed
species and their habitats The County shall consistent with applicable GMP policies,
consider and utilize recommendations and letters of technical assistance from the
Florida Fish and Wildlife Conservation Commission and recommendations from the US
Fish and Wildlife Service in issuing development orders on property containing listed
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following specific species management and protection plans shall be applicable, in
addition to those required by other provision in this section 3.04.00:
A. Gopher Tortoise (Gapherus pelyphemus Gooherus Polyphemus).
1. All native habitats occupied by gopher tortoises, their h s, and
the associated listed commensals are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, molest pursue, or
attempt to engage in any such conduct, any gopher tortoise, and
to alter, destroy, or degrade the functions and values of their
burrows or aatural habitat, unless otherwise provided for in this
section.
3. All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means,
unless otherwise provided for in this section.
4. PArrnnnP1 nutheFized by the FP_A_fG_C ar the County may house
.J relegate teptaises, as ReGe6sary and .;.ded f... iR this
seciiOR. Relocation shall be permitted and executed according to
FFWCC Gopher Tortoise Permitting Guidelines.
5. When gopher tortoises are identified on -site, a habitat protection
and /or management plan or off -site relocation plan as prepared
by a FFWCC permitted Authorized Gopher Tortoise_ Relocation
Agent, shall be submitted to the County Manager or designee for
review and approval.
6. The on -site habitat protection and /or management plan shall
include, but not be limited to, the following items:
a. A current gopher tortoise survey no more than 6 months
which shall may be field- verified by
the County Manager or designee.
b. A proposal for either maintaining the habitat for the
population in —glace on site or relocating it the existing
population to a gopher tortoise recipient site permitted by
the FFWCC.
C. A If preserved on site, a site plan identifying the
boundaries of the gopher tortoise preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Details of the construction and maintenance of gopher
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tortoise preserve fencing to protect tortoises during
construction.
An annual maintenance plan describing exotic removal
and vegetation management.
h. Identification of persons responsible for the initial and
annual protection and /or management of the tortoises and
the preserve area. Suitable gopher tortoise habitat shah
and maximum allowable density of gopher tortoises shall
be in accordance with the parameters identified in Gopher
Tortoise Management Plan and Gopher Tortoise
Permitting Guidelines utilized by the FFWCC be
development order submittal Suitable gopher tortoise
habitat preserved on site shall be designated on the site
plan at the time preserves are established and shall be
credited to the preservation requirement as specified in
section 3.05.00 of this LD6.
i Habitat management and monitoring to ensure habitat
within the preserve is maintained in accordance with the
parameters identified in Gopher Tortoise Management
i Methods identified to protect tortoises from roadways,
domestic animals or other possible dangers, if needed.
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ON
744. When identifying the native vegetation preservation requirement
of section 3.05.07 of ', is I DC for parcels containing gopher
tortoises, priority shall be given to protecting the largest, most
contiguous gopher tortoise habitat with the greatest number of
active burrows, and for providing a connection to off -site adjacent
gopher tortoises' preserves. All gGPheF '.orto:c° preserves shall be
pFevide suGh langua e on the approved site development plan. It
shall be a priority to preserve scrub habitat, when it exists on -site,
for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether gopher
tortoises are relocated off -site.
84-2. All�6opher tortoises shall be removed captured and relocated
from within the development footprint all antive and
prior to any site
improvement, in accordance with FFWCC guidelines and the
protection /management plan approved by County Manager or
designee. High densities of hatchlings and juvenile tortoises are
areas where relocation of gopher tortoises is required, the location
of these thickets shall be identified in the protection /management
plan and any gopher tortoises within these areas shall also be
relocated.
I Me
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B. Sea Turtle Protection.
1. The purpose of this section is to protect the threatened and
endangered sea turtles that nest along the beaches of the
County, by safeguarding sea turtle hatchlings from sources of
artificial light, and adult and hatchling sea turtles from injury or
harassment. The County shall adhere to state and federal
guidelines for the protection of sea turtles.
2. The requirements of this section apply when development or
lighting associated with development is located within three
hundred (300) feet of coastal mean high water; when parking
lots, dune walkovers, or other outdoor lighting is proposed; and
when reflective surfaces that will be illuminated by outdoor lighting
will be visible from the beach.
a. Outdoor lighting shall be held to the minimum necessary
for security and safety. Floodlights and landscape or
accent lighting shall be prohibited.
b. All lighting, including wall- mounted fixtures, pole lighting,
lights on balconies, and any other type of lighting not
specifically referenced by this section, shall be of low
intensity, and shall be fitted with hoods or positioned so
that the light sources, or any reflective surfaces illuminated
by such sources, shall not be visible from the beach.
C. Low profile luminaries shall be used in parking lots, and
such lighting shall be fitted with hoods or positioned so that
the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
d. Dune crosswalks shall utilize low profile shielded
luminaries directed and positioned so that light sources, or
any reflective surfaces illuminated by such sources shall
not be visible from the beach. dDune crossover lighting
shall be limited to the area landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium
vapor luminaries shall be used and fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach.
f. Plates of tinted glass are required for windows that are
visible from the beach. The tinted glass shall be any
window or glazing that has an industry- approved light
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transmittance value of feF'f:ve (45) percent or less. Such
transmittance shall be limited to the visible spectrum (400
to 700 nanometers), and shall be measured as the
percentage of light that is transmitted through the glass,
inside to outside.
g. Temporary security lights at construction sites shall not be
mounted more than fifteea (15) feet above the ground.
Light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade
any dirt within 100 feet of the nesting zone of a beach where sea
turtles nest or may nest, without obtaining a construction in sea
turtle nesting area permit from the County Manager or designee.
d. Construction or repair of any structure, including, but not
limited to, dune walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during
sea turtle nesting season on any County beaches, except
if permitted structures are damaged by a named storm or
other declared natural disaster and the following conditions
are met:
i T. Minor Repair Work. Minor repair work (boards need
to be nailed back to the existing intact structure, or
a few less than 10 percent of the boards need to be
replaced) that can be performed completely from
atop the structure is authorized after obtaining the
necessary approval of the FDEP and notifying
Collier GGURty ERViFORrRental Sew the County
Manager or designee of that work. Work must be
completed within 12 months of the named storm or
declared natural disaster.
ii 2. Major Repair Work. Prior to any repair work
(greater than that described in i 4 above) or
reconstruction of any part of the structure, the
following information shall be provided so that staff
can determine if the major repair or reconstruction
can occur prior to the end of sea turtle nesting
season:
al-. The appropriate permit or authorization from
FDEP, if required.
bj. The location of all known sea turtle nests.
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Community Development and
G_..:___.___._i SeFyoGes (rnEc) staff The
County Manager or designee will provide
assistance in locating nests. Construction
activities shall not occur within 10 feet of
these boundaries fer of viable nests.
cl. A survey by a qualified Gensultant FFWCC
permitted Authorized Gopher Tortoise
Relocation Agent locating any gopher
tortoise burrows on site within 50 feet of the
sirusiure proposed construction. Relocation
of gopher tortoises will be required when the
burrows are in harm's way of the
construction activity.
d1- Photographs of the site as it existed after
the storm to document the conditions of the
property.
e1- An aerial of the property showing the CCSL
line.
fZ- A copy of a CCSL variance or CCSL permit,
if required and building permit approving
the original construction of the structure.
g)3-. Sea turtle nest locations will be
reestablished using their previously
recorded GPS locations and accuracy data
to identify a 95% confidence boundary.
Construction activities shall not occur within
10 feet of these boundaries for viable nests.
Nests will be considered viable for 80 days
from the time the nest was recorded unless
it can be proven that a particular nest has
been damaged by the storm and there is no
chance of any hatchlings.
e -4. Minor structures, as defined by Florida Statutes
Subsection 161.055, of the Coastal Zone Protection Act of
1985, shall be approved provided that they also comply
with:
i a. Federal requirements for elevations above the 100 -
year flood level,
ii b. Collier County Building Code requirements for flood
proofing,
iii s. Current building and life safety codes,
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iv d. Collier County and State of Florida Department of
Environmental Protection CCSUCCCL regulations,
v_a. Applicable disability access regulations of the
American Disability Act (ADA), and
vi f. Any required Collier County zoning and other
development regulations with the exception of
existing density or intensity requirements
established, unless compliance with such zoning or
other development regulations would preclude
reconstruction otherwise intended by the Build back
Policy as determined by the Emergency Review
Board established herein.
C. Florida Scrub Jay.
(Aphelocoma coerulescens) shall confoFPA tG the guidelines Gentained in
T shaisal —Report No. S, Florida Game and Frerh Water Fish
. The required management plan shall also provide for
a maintenance program and specify an appropriate fire or mechanical
protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-
site preserve and the need to maintain the scrub vegetation. These
4 shall h 'stent Afth the I N
IC \C South 'Fleri ela Multi
7
SpeGies ReGovery Plan, May 1999.
D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required
habitat management plans shall establish protective zones around the
eagle nest restricting certain activities. The plans shall also address
restricting certain types of activities during the nesting season. These
reqU reMeRtS shall he consistent with the UFVVS South FIGrFda Multi-
Red - Cockaded Woodpecker. For the red -
cockaded woodpecker (Picoides borealis), the required habitat protection
plan shall outline measures to avoid adverse impacts to active clusters
and to minimize impacts to foraging habitat. Where adverse effects can
not be avoided, measures shall be taken to minimize on -site disturbance
and compensate or mitigate for impacts that remain. These ren 'reme ^t°
Florida Black Bear. In areas where the Florida black
bear (Ursus americanus floridanus) may be present, the management
plans shall require that garbage be placed in bear - resistant proof
containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting
habitat suitable for black bear shall be considered in the management
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plan
G. Panther. For projects located in
areas Primary and Secondary zones, the management plan shall
discourage the destruction of undisturbed, native habitats that are
preferred by the Florida panther (Fells concolor coryi) by directing
intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood hammocks. In turn, these areas
shall be buffered from the most intense land uses of the project by using
low intensity land uses (e.g., parks, passive recreational areas, golf
courses). Golf courses within the RFMU district shall be designed and
managed using standards found in that district. The management plans
shall identify appropriate lighting controls for these permitted uses and
shall address the opportunity to utilize prescribed burning to maintain fire -
adapted preserved vegetative communities and provide browse for white -
tailed deer. These Feeluirements shall be nonsisteRt with the UFWS South
f f
of fe.ih in th'ec Section.
H. West Indian Manatee. The management and protection pla44s
requirements based upon the Manatee Protection Plan for the West
Indian Manatee manatee (Trichechus manatus) are set forth in section
5.05.02.
SUBSECTION 3.M. ADDITION OF NEW SECTION 3.04.03 REQUIREMENTS FOR
PROTECTED PLANTS
Section 3.04.03 Requirements for Protected Plants, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby added to the Land Development Code to read as
follows:
3.04.03 Requirements for Protected Plants
site preserves are able to support the species of plants Relocation of epiphytic species
site preserves only if the preserves do not already contain these species. When
Tillandsia species Plants listed in this section shall not require the land in which they are
located to be placed in a preserve.
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Rare Plants
Cowhorn orchid
Cyrtopodium punctatum
Curtiss's milkweed
Asclepias curtissii
Florida clamshell orchid
Encyclia cochleata
Ghost orchid
Polyrrhiza lindenii
West coast prickly apple
Harrisia gracilis
Less Rare Plants:
Butterfly orchid
Encyclia tampensis
Giant wild -pine
Tillandsia utriculata
Inflated wild -pine
Tillandsia balbisiana
Stiff - leaved wild -pine
Tillandsia fasciculata
Twisted air plant
Tillandsia flexuosa
Where clearing of vegetation is needed for habitats requiring fire or for activities needed
SUBSECTION 3.N. AMENDMENT AND RENUMBERING OF FORMER SECTION 3.04.03
PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES
Former Section 3.04.03 Penalties for Violation: Resort to Other Remedies, of Ordinance 04 -41,
as amended, the Collier County Land Development Code, is hereby renumbered and amended to
read as follows:
3.04.93 3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
section or fails to comply with any of its requirements shall upon conviction thereof be
fined, or imprisoned, or both, as provided by law. Each day such violation continues shall
be considered a separate offense. Each taking of a gopher tortoise shall constitute a
separate violation. It is not the intent to include tortoises that may be accidentally injured
or killed during an approved relocation procedure that is done by a
FFWCC permitted Authorized Gopher Tortoise Relocation Agent, in accordance with
their protection /management plan. Any other person, who commits, participates in,
assists in, or maintains such violation may each be found guilty of a separate offense
and suffer the penalties herein provided. The county, in addition to the criminal sanctions
contained herein, may take any other appropriate legal action, including but not limited to
injunctive action, to enforce the provisions of this section.
SUBSECTION 3.0. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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1,
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. General standards and criteria. The following criteria shall be used to
administer the preservation standards in all unincorporated areas of the
County:
Native vegetative communities. The preservation of native
vegetation shall include all naturally occurring strata including
canopy, understory and ground cover emphasizing the largest
contiguous area possible, except as otherwise provided in section
3.05.07 H.1.e. The term native vegetation is further defined as a
vegetative community having 25 percent or more canopy
coverage or highest existing vegetative strata of native plant
species In the absence of other native strata herbaceous
vegetation not typically associated with the re- growth of native
2 Native trees Where a property has been legally cleared and only
native trees remain and the native ground cover replaced with
inch DBH or greater, hardwood trees with a 18 inch DBH or
greater, or palms with a minimum of 8 foot of clear trunk shall be
used for calculating this requirement. For hardwood trees, every 6
inches of fraction thereof over 18 inch DBH shall count as an
nA,Aifinnnl fr== !1R inch r1RH = 1 trpp 94 inch DRH = 7 trees 26
shall only be retained on portions of the property with a density of
8 or more trees per acre Trees which are unhealthy or dying as
calculation Native slash pine trees shall be retained in clusters, if
the trees occur in clusters with no encroachment (soil
disturbance) within the drip line or within 30 feet of the trunk,
whichever is greater, of any slash pine or hardwood tree
Encroachment may occur within these distances where evaluation
native canopy trees Areas of retained trees shall not be subject to
the requirements of 3.05.07 H.
Where trees cannot be retained the percent requirement of trees
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MIT
shall be made up elsewhere on -site with trees planted in clusters
be retained a minimum of three 10 -foot high native canopy trees
shall be planted per tree removed of this size Trees planted to
satisfy this requirement shall be planted in open space areas
equivalent in size to the area of canopy of the trees removed. This
and cabbage palm 10 feet. Open space areas not normally
planted with trees such as stormwater retention areas or lake
banks not planted to meet the LSPA requirement may be used to
satisfy this requirement Trees planted to satisfy this requirement
shall be set back a minimum of 30 feet from principal structures
and impervious parking areas.
33. Areas that fulfill the native vegetation retention standards and
criteria for native vegetative communities of this sSection shall be
set aside as preserve areas, subject to the requirements of
section 3.05.07 H. SiRgle family FesideRGes are exempt frem the
34. Native vegetation to be retained as preserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3- and 3.05.07 G.3.G:
a. Wetland or upland areas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife,
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
C. Onsite wetlands having an accepted functionality WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
45. Preservation areas shall be interconnected within the site and to
adjoining off -site preservation areas or wildlife corridors.
-
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a Re- creation of native vegetation shall not be required
when any one of the following criteria is met:
i The parcel was issued a County permit to clear
vegetation and remains cleared of native
vegetation.
The parcel was issued a County permit to clear
vegetation for agricultural purposes prior to July
1993 (the date at which the 10 year agricultural
clearing rezone limitation previously identified in the
GMP is achieved) and which remains cleared of
native vegetation.
iii. If no clearing permit can be found demonstrations
of continuous bona fide agricultural operation along
with issuance of an after - the -fact agricultural
clearing permit from the County will be evidence of
legal clearing. Demonstrations of continuous bona
fide agricultural activities may include, but are not
limited to agricultural classification records from
the property appraiser's office: dated aerial
photographs occupational license for agricultural
operation SFWMD consumptive use permits for
the ongoing agricultural use or other information
such as sworn testimony from previous owners
which establishes the commencement date and the
location of the agricultural operation. The rezone
limitation pursuant to 10.02.06 shall apply.
7 Unless otherwise required in the RFMU District, single - family
preserves shall be in accordance with 3.05.07 H.
9 Created preserves are allowed subject to the criteria in 3.05.07 H.
10 Fire and fuel breaks within preserves kept to the minimum
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necessary in accordance with standard forestry practice, shall
count toward the minimum native vegetation retention
requirement.
Required preservation.
2. Exceptions. An exception from the vegetation retention standards
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Coastal High
Non - Coastal High
Development Type
Hazard Area
Hazard Area
Less than
10%
Less than 5
10%
2.5 acres
acres
Equal to or
Equal to or
greater
25%
greater than 5
15%
Residential and Mixed
than 2.5
acres and less
Use development
than 20 acres
acres
Equal to or
250
greater than
20 acres
35%
35%
Golf Course
Less than 5
10%
Less than 5
10%
Commercial and
acres
acres
Industrial development
and all other non-
Equal to or
Equal to or
specified development
greater
o
15%
greater than 5
15%
types
than 5
acres
acres
Industrial development
50 %, not to exceed
50 %, not to exceed
(Rural - Industrial District
25% of the project
25% of the project
only)
site
site.
2. Exceptions. An exception from the vegetation retention standards
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r 301
above shall be granted in the following circumstances:
a. where the parcel was legally cleared of native vegetation
prior to January 1989 and remains cleared of native
vegetation,
b. where the parcel cannot reasonably accommodate both
the application of the native vegetation retention
standards and the proposed uses allowed under this Code,
subject to the criteria set forth in section 3.05.07ru�e).
H. 1.e.
d Existing utility easements and easements for ingress or
egress required for neighboring properties.
e Previously cleared parcels for support of public
infrastructure and which remain cleared of native
vegetation.
preservation requirement.
q Previously cleared fallow farm fields and pastures with no
and less than 75 percent aerial coverage of native
H. Preserve standards.
1. Design standards.
b. Minimum dimensions. The minimum um idth of the preserve
shall bw Thin linear and perimeter "picture frame - shaped"
preserves are discouraged unless such preserve shapes
are dictated by environmental or environmental regulatory
considerations. Connections to other preserves,
conservation areas natural flowways natural water
bodies water management lakes estuaries, government
owned or targeted lands for preservation purposes or
existina listed wildlife habitat, when present are
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encouraged to establish the largest contiguous natural
area possible.
The following minimum widths shall apply:
twenty feet, for property less than ten acres.
i. an average of thirty feet in width but not less than
twenty feet in width, for property equal to ten acres
and less than twenty acres.
an average of fifty feet in width but not less than
twenty feet for property of twenty acres and greater.
iv. If the existinq native vegetation does not meet the
minimum dimensions specified above and is
required to be preserved pursuant to the preserve
selection criteria in section 3.05.07 then the
existing native vegetation may be used to satisfy
the preservation requirement.
d Preserve mechanisms. All preserve areas shall be
designated as preserves on all site plans.
On -site County required preserves shall be dedicated to
the County as non- exclusive conservation easements
without placing on the County the responsibility for
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owners association or similar entity, and it shall contain
allowable uses and limitations to protect the preserve. All
preserve areas shall be shown on the preliminary and final
No individual residential or commercial lot parcel lines, or
other easements including but not limited to, utility or
access easements that are not compatible with allowable
uses in preserve areas may protect into a preserve area
State and federal parks and preserves shall not be
required to place their preserves in a conservation
easement.
Any conservation easement or other document restricting
uses in a preserve area shall contain the following
statement (consistent with CCME GMP Policy 1.1.6):
"Oil extraction and related processing operations are uses
which are exempt from the restrictions herein and shall
remain allowed uses on the lands described herein."
Created preserves. Although the primary intent of GMP
CCME Policy 6.1 .1 is to retain and protect existing native
vegetation there are situations where the application of
the retention requirements of this Policy is not possible. In
preferable over creation of preserves. Created Preserves
shall be allowed for parcels that cannot reasonably
accommodate both the required on -site preserve area and
the proposed activity.
Applicability. Criteria for determining when a parcel
cannot reasonably accommodate both the required
on -site preserve area and the proposed activity
include:
(a) Where site elevations or conditions requires
placement or removal of fill thereby harming
or reducing the survivability of the native
vegetation in its existing locations,
(b) Where the existing vegetation required by
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k 3 C "£
this policy is located where proposed site
improvements are to be located and such
improvements cannot be relocated as to
protect the existing native vegetation;
plan shall Fe Greate a
plant materials so as te Fner
arPRA shall hp irlizntifiPd as Great
.. . ... . .
compensation as db �
(d) When a State or Federal permit requires
creation of native habitat on site. The
created preserve acreage may fulfill all or
part of the native vegetation requirement
when preserves are planted with all three
the appropriate strata; using the criteria set
forth in Created Preserves. This exception
may be granted, regardless of the size of
the project.
(e) When small isolated areas (of less than 1/2
acre in size) of native vegetation exist on
site. In cases where retention of native
vegetation results in small isolated areas of
1/2 acre or less, preserves may be planted
with all three strata; using the criteria set
forth in Created Preserves and shall be
created adjacent existing native
vegetation areas on site or contiguous to
preserves on adjacent properties. This
exception may be granted, regardless of the
size of the project.
(f) When an access point to a project cannot
be relocated. To comply with obligatory
health and safety mandates such as road
alignments required by the State, preserves
may be impacted and created elsewhere on
site.
(g) To provide for connections to on or off site
preserves.
(h) In the RFMU District where upland buffers
required by the LDC lack native vegetative
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communities.
ii.(#) Approved created preserves may be used to
recreate:
a (4 not more than one acre of the required
preserves if the property has less than
twenty acres of existing native vegetation.
121k24 not more than two acres of the required
preserves if the property has equal to or
greater than twenty acres and less than
eighty acres of existing native vegetation.
c.E not more than 10% of the required
preserves if the property has equal to or
greater than eighty acres of existing native
vegetation.
ii. fo} The minimum dimensions shall apply as set forth in
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3.05.07 H.1.b.
iv.�4} All perimeter landscaping areas that are requested
to be approved to fulfill the native vegetation
preserve requirements shall be labeled as
preserves and shall comply with all preserve
setbacks.
V. Preparation of required planting plans for
preserves.
Preserve olantina plans shall be desiqned by an
individual with academic credentials and
experience in the area of environmental sciences or
natural resource management. Academic
credentials and experience shall be a bachelor's or
higher degree in one of the biological sciences with
at least two years of ecological or biological
professional experience in the State of Florida.
vi Planting requirements for created preserves.
Soils compatible with the habitat to be created shall
be used to create the preserve. Where compatible
soils are not present a minimum of 6 to 8 inches of
compatible soil shall be used.
Where created preserves are approved, the
planting plan shall re- create a native plant
community in all three strata (ground cover, shrubs
and trees) utilizing larger plant materials to more
quickly re- create the lost mature vegetation.
Environments which do not normally contain all
three strata shall only be required to plant the strata
found in the habitat to be created. Plant material
shall be planted in a manner that mimics a natural
plant community and shall not be maintained as
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landscaping Such re- vegetation shall include the
following minimum sizes: one gallon ground cover
7 gallon shrubs canopy trees in the following sizes:
25 percent at 10 feet 50 percent at 8 feet and 25
percent at 6 feet Spacing requirements for
calculating the number of plants shall be as follows:
20 to 30 foot on center for trees with a small
canopy (less than 30 feet mature spread) and 40 to
50 foot on center for trees with a large canopy
(greater than 30 feet mature spread) 10 foot on
center for shrubs 3 foot on center for ground
covers which spread by rhizomes or creeping
stems or which have a mature height of 2 feet or
more excluding the bloom and 2 foot on center for
ground covers with a mature height of less than 2
feet excluding the bloom and which reproduce
primarily by seed.
Minimum sizes for plant material may be reduced
for scrub and other xeric habitats in order to
promote diversity or where smaller size plant
material is better suited for re- establishment of the
native plant community. Coverage of pine and
hardwoods in scrub habitats shall occupy no more
than 70% of the area of a scrub preserve in order
to create natural open areas for wildlife and native
ground covers. In south Florida slash pine
dominated environments where fire is a concern,
the amount of mid -story vegetation planted may be
reduced to promote the growth of native ground
covers reduce the threat of wildfire and to promote
use of the preserve by listed species.
Three gallon container saw palmetto (Serenoa
repens) may be used in lieu of seven gallon
containers South Florida slash pine (Pinus elliotth
var densa) trees may be planted in the following
sizes 25 percent at 6 feet and 75 percent at 4 feet,
with a spacing requirement of 40 feet on center for
calculating the number of slash pines to be planted.
Mangrove trees may be planted as three gallon
size containers but must be planted a minimum of
five to seven foot on center for calculating the
number of mangroves to be planted, if planted at
this size. Ground covers in estuarine and other
aquatic environments may be planted as liners or
bare root plants.
Upland or seasonally wet preserves with extended
dry periods shall detail a method of providing water
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until the plants are established.
vii Supplemental planting requirements within
preserves.
Supplemental plantings in the strata required to
restore the habitat to its natural condition shall be
added to preserves where prior clearing or
disturbance or the removal of non - native and /or
nuisance vegetation has created open areas with
little or no native vegetation. Plant material shall
be planted in a manner that mimics a natural plant
community and shall not be maintained as
landscaping Supplemental plantings must be of the
species typical of the native habitats being restored
and take into consideration the requirements of any
listed species using the preserve.
Areas defined as "native vegetation" pursuant to
this section and required to be retained as
preserves shall only be required to plant material in
the sizes specified in this subsection and not in the
sizes required for created preserves. Supplemental
plantings within preserves shall be in accordance
with requirements specified in approved state and
federal permits for a project. Where not specified in
the State and Federal permits for a project,
supplemental plantings within County required
preserves shall adhere to the following minimum
standards: one gallon or liner ground covers, three
gallon shrubs and four foot high trees Ground
covers in aquatic environments may be planted as
bare root plants.
Natural recruitment of native groundcovers may be
used in areas where native groundcovers would be
expected to regenerate on their own If within a
two -year period the coverage of ground covers is
less than that typically found in environments
containing these species then supplemental
planting with native ground covers or distribution of
native seed shall be required. A planting plan with
schedule for planting or distributing native seed
shall be included as part of the preserve
management plan in case sufficient natural
recruitment of groundcovers has not occurred.
Natural recruitment of south Florida slash pine
(Pinus elliotth var. densa) may be used where south
Florida slash pine would be expected to regenerate
on their own. If within a two -year period the number
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of pine seedlings is less than that needed to
reqenerate the habitat type then supplemental
planting with south Florida slash pine or distribution
of south Florida slash pine seed shall be required.
A backup planting plan with schedule for planting or
distributing seed shall be included as part of the
preserve management plan in case sufficient
natural recruitment has not occurred. South Florida
slash pine trees may be planted as seedlings in lieu
of planting four foot high trees for individual
preserves 100 or more acres in size.
Restoration of mangroves shall be with one to three
gallon container mangroves unless otherwise
permitted by State and Federal permitting
agencies.
Minimum sizes for plant material may be reduced
for scrub and other xeric habitats in order to
promote diversity or where smaller size plant
material is better suited for re- establishment of the
native plant community. Coverage of pine and
hardwoods in scrub habitats shall occupy no more
than the 70% of the area of a scrub preserve, in
order to create natural open areas for wildlife and
indigenous ground covers.
viii. Success criteria.
Success shall be demonstrated for created
preserves and supplemental planting within
preserves 5 years after installation of plant material
and shall be included with the monitoring report.
Before and after photos taken from specific or
permanent field markers to identify the locations
within the preserve shall be included in the above
mentioned monitoring report. Demonstration of
success shall include the following:
a) 80% vegetative coverage has been attained
within the preserve.
b) Native vegetation is within the range of
species diversity, density and distribution
documented within either reference sites or
from literature references for the specific
habitat types.
C) Native vegetation characteristic of the
habitat are reproducing in the vegetative or
seeding manner typical of the species.
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d) When permitted through the Water
Management District using UMAM overall
UMAM scores must indicate that the
preserves have attained or are clearly
trending toward the "with - mitigation" scores
used to determine success.
f Off -site vegetation retention.
vegetation preservation retention requirement be
satisfied offsite for only the following situations and
subject to restrictions listed below.
a) Properties zoned commercial or industrial
where the on -site preserve requirement is
less than 2 acres in size.
b) Park sites where the on -site preserve
requirement is less than one acre in size.
C) Essential service facilities other than
parks for any size preserves.
d) Preserves less than one acre in size.
e) Affordable housing proiects. The
maximum percent of native vegetation
retention allowed offsite shall be equal to
the percent of affordable housing units,
without limitation as to size of the preserve.
f) Existing or proposed preserves with 75
percent or more coverage with exotic
vegetation. Existing preserves not
Previously overrun with this type vegetation
and which arrive at this state due to lack of
management of the preserve shall mitigate
off site at a ratio of 2 to 1.
g) Created preserves which do not meet the
success criteria in 3.05.07 H.1.e.viii or
where preserves have not been planted in a
manner which mimics a natural plant
community.
h) Preserves which do not meet the minimum
dimensional requirements of this section.
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i) Portions of preserves located within platted
single- family lots.
Riaht of Wav acquisitions to be conveyed
or in the process of being conveyed to the
County by non - governmental entities for all
purposes necessary for roadway
construction including ancillary drainage
facilities and including utilities within the
right of way acquisition area.
k) All criteria listed for created preserves.
ii. Restrictions when one or more of the following
situations occur.
a) Xeric scrub and hardwood hammocks which
are one acre or more in size mangrove
(excluding mangrove fringes less than 40
feet in width on artificially created
shorelines) coastal dune and strand
environments and listed species habitat or
corridors per the requirements or
recommendations of the FFWCC or
USFWS, shall not be allowed to have the
on -site native vegetation preservation
retention requirement provided offsite.
b) Preserves shall remain onsite if located
contiguous to natural flowways required to
be retained per the requirements of the
SFWMD natural water bodies, estuaries,
government required preserves (not
meeting the offsite preservation criteria
herein) NRPAs or contiguous to property
designated for purchase by Conservation
Collier or purchased by Conservation
Collier, or contiguous to properties
containing listed species nests, buffers,
corridors and foraging habitat per the
requirements or recommendations of the
FFWCC or USFWS. For the purpose of this
section natural flowways shall also include
those identified during wetland permitting
with applicable state and federal agencies,
regional drainage studies, or surface water
management permits.
C) Remaining portions of on -site preserves
must be a minimum of one acre in size and
shall not meet the offsite criteria of sub-
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section 3.05.07 H.1.f.i.(f) and (g) above
unless preserved with higher quality habitat
not qualifying for the off -site native
vegetation retention alternative.
iii. Off -site Alternatives. Off -site native vegetation
retention requirements may be met by monetary
Payment or by land donation.
a) Applicants shall make monetary payment
to Collier County. Such funds will be used
by the County for the purchase and
management of off -site conservation lands
within the county. The monetary payment
shall be based on the location of the land to
be impacted and be equal to 125 percent of
the average cost of land in the Urban
Designation or 125 percent of the average
cost for all other Designations as
applicable, as defined by the FLUE
purchased by Collier County, through the
Conservation Collier program. This
monetary payment shall be made prior to
the preconstruction meeting for the SDP or
final plat construction plans.
b) In lieu of monetary payment applicants may
choose to donate land for conservation
purposes to Collier County or to another
government agency. In the event of
donation to Collier County, the applicant
may acquire and subsequently donate land
within the project boundaries of Winchester
Head, North Golden Gate Estates Unit 53
another multi - parcel project or any other
land designated by Conservation Collier
donation acceptance procedures.
Applicants who choose to donate land
shall be required to demonstrate that the
land to be donated contains native
vegetation communities equal to or of
higher priority (as described in subsection
3.05.07 A.) than the land required to be
preserved onsite. In no case shall the
acreage of land donated be less than the
acreage of land required to be preserved
onsite. Land donated to satisfy the off -site
vegetation retention requirement must be
located entirely within Collier County.
Donations of land for preservation shall be
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made to a federal, state or local government
agency established or authorized to accept
lands for the conservation and management
of land in perpetuity, subject to the policies
and procedures of the receiving entity.
Lands donated to Collier County must
include a cash payment for management of
the land. The amount of this payment shall
be equal to 25 percent of the average cost
of land in the Urban Designation or 25
percent of the average cost in all other
Designations, as applicable, as defined by
the FLUE, purchased by Collier County,
through the Conservation Collier program.
Applicants shall provide evidence that
donations of land for preservation and
endowments for management have been
accepted by and donated to the entity
stated above, at the time of the
preconstruction meeting for the SDP or final
plat construction plans. Exotics shall be
removed in accordance with the time frames
provided in 3.05.07 H.2. State and Federal
agency requirements for mitigation
remediation and monitoring for the donated
land shall be the responsibility of the
applicant.
iv. PUD zoning. Where the off -site native vegetation
retention alternative is used for portions of
preserves not identified on a PUD master plan a
PUD amendment is not required. Preserves or
portions of preserves identified on a PUD master
plan shall require an amendment to the PUD
master plan to use the native vegetation retention
alternative, subject to 10.02.13 E. unless the option
to use the off -site native vegetation retention
alternative is included in the PUD.
g. Preserve management plans. Criteria i, ii, vii and viii below
are required for all preserves whether a management plan
for the preserve is required or not. Preserve Management
preserve or where the preserve contains habitat which
requires management for fire (such as pine flatwoods
palmetto prairie or scrub). The Preserve Management Plan
shall identify actions that must be taken to ensure that the
preserved areas will maintain natural diversity and function
as proposed. A Preserve Management Plan shall include
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NMI
the following elements:
General Maintenance. Preserves shall be
maintained in their natural state and must be kept
free of refuse and debris.
ii. Exotic vVegetation Removal, Non - native
vVegetation, and Nuisance or Invasive Plant
Control. Exotic vegetation removal and
maintenance plans shall require that Category I
Exotics be removed eradicated from all preserves.
All exotics within the first 75 feet of the outer edge
of every preserve shall be physically removed, or
the tree vegetation cut down to grade, cut debris
removed and the stump treated. Exotics within the
interior of the preserve may be approved to be
treated in place if it is determined that physical
removal might cause more damage to the native
vegetation in the preserve. When prohibited
exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with
an U.S. Environmental Protection Agency approved
herbicide and a visual tracer dye shall be applied.
Any person who supervises up to eight people in
the application of pesticides and herbicides in the
chemical maintenance of e'^= :egetatio,n exotic
vegetation in preserves, required retained native
vegetatien native vegetation areas, wetlands, or
LSPA shall maintain the Florida Dept. of Agriculture
and Consumer Services certifications for Natural
Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be
treated. Control of exotics shall be implemented on
a yearly basis or more frequently when required,
and shall describe specific techniques to prevent
reinvasion by prohibited exotic vegetation of the
site in perpetuity. NOR native vegetation and
aNuisance or invasive plants and non - native
ornamental vegetation shall be removed eradicated
from all Rpreserves.
addFess and phGRe number rhall be listed on, the
Preserve Management Plan. Thp same RfOrmation
shall be pFGvqded regardiRg the developeF. Both
parties will be Fespensible URN suGh time that the
maRageF,qeRt of the preserve. At that time, thee
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iii. Designation of a Preserve Manager. A Preserve
Manager shall be responsible for providinq the
developer /property owner with technical assistance
regarding management needs for the preserve and
compliance with the Preserve Management Plan.
At a minimum the Preserve Manager shall have
academic credentials and experience in the area of
environmental sciences or natural resource
management. Academic credentials and
experience shall be a bachelor's or higher degree
in one of the biological sciences with at least two
years of ecological or biological professional
experience in the State of Florida. The individual's
name, address and phone number shall be listed
on the Preserve Management Plan. The same
contact information shall be provided regarding the
developer /property owner. Changes in the Preserve
Manager hired to manage the preserve shall be
documented in the monitoring report for the
preserve.
iv. Wildlife Habitat Management. Where habitats must
be managed with regards to the species utilizing
them, Wildlife Habitat Management strategies may
be required to provide for specialized treatment of
the preserve. Where protected species are
identified, management strategies shall be
developed and implemented in accordance with
section 3.04.00. . here a;te ^nd finnr rpai tarp
Y
devel^ e and plem^^'^^ The County will
"
accept state and federal management plans that
are consistent with the requirements of the LDC.
Hunting is permissible in preserves where
expressly approved by the Board of County
Commissioners.
Fire Management. Special land management
practices to control fire or to maintain species
diversity in the absence of fire must be included as
Page 62 of 194
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mow:
�
_ -� .
-
ff N �
iii. Designation of a Preserve Manager. A Preserve
Manager shall be responsible for providinq the
developer /property owner with technical assistance
regarding management needs for the preserve and
compliance with the Preserve Management Plan.
At a minimum the Preserve Manager shall have
academic credentials and experience in the area of
environmental sciences or natural resource
management. Academic credentials and
experience shall be a bachelor's or higher degree
in one of the biological sciences with at least two
years of ecological or biological professional
experience in the State of Florida. The individual's
name, address and phone number shall be listed
on the Preserve Management Plan. The same
contact information shall be provided regarding the
developer /property owner. Changes in the Preserve
Manager hired to manage the preserve shall be
documented in the monitoring report for the
preserve.
iv. Wildlife Habitat Management. Where habitats must
be managed with regards to the species utilizing
them, Wildlife Habitat Management strategies may
be required to provide for specialized treatment of
the preserve. Where protected species are
identified, management strategies shall be
developed and implemented in accordance with
section 3.04.00. . here a;te ^nd finnr rpai tarp
Y
devel^ e and plem^^'^^ The County will
"
accept state and federal management plans that
are consistent with the requirements of the LDC.
Hunting is permissible in preserves where
expressly approved by the Board of County
Commissioners.
Fire Management. Special land management
practices to control fire or to maintain species
diversity in the absence of fire must be included as
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part of the Preserve Management Plan, for those
habitats requiring these practices. Fire
Management plans may include removal of dead
vegetation or periodic thinning of living vegetation
to improve forest health and mimic the natural
effects of fire, as appropriate for the habitat type
and surrounding land uses. Fuel and fire breaks
shall be kept to a minimum necessary to control fire
and should be coordinated with the State of Florida
Division of Forestry, as part of a fire suppression
plan. The annual inspection monitoring report
required pursuant to ix (below) shall document with
photographs, the coverage and types of vegetation
to be cleared for fuel management prior to
clearing. Where listed species have been
documented within the preserve the annual
inspection monitoring report shall require surveys
for the nests, burrows or cavities of listed species
that may be affected by the land management
practices, no more than six months prior to
clearing, if gopher tortoises occur in the area or
within the time frames recommended by the
FFWCC and USFWS. Fire Management plans shall
be consistent with wildlife habitat management
plans approved by Collier County.
vi. Vegetation Removal Permits. Vegetation Removal
Permits shall not be required to implement
Preserve Management Plans and firewise safety
plans that specify land management practices for
clearing for fuel management or fire lines in
accordance with normal forestry practices and
which have been approved pursuant to this section.
State and Federal agency permits or approvals
shall be required, where applicable prior to
clearing.
Vegetation Removal Permits shall not be required
to remove dead, dying or leaning trees which pose
a safety concern, unless they contain a nest or
cavity of a listed animal species or bald eagle. The
annual inspection monitoring report required
pursuant to ix (below) shall document with
photographs, trees to be removed for safety
concerns.
vii. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction
and signage during and after construction that are
consistent with section 3.05.04.
Page 63 of 194
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3 �I
viii. Monitoring for Preserves Receiving Treated
Stormwater. A monitoring program must be
implemented for preserves that will receive
stormwater pursuant to the requirements of section
3.05.07. The monitoring program must include
protocols to conduct vegetation surveys and
monitoring for ground and surface water levels. The
Preserve Management Plan shall include a
schedule requiring a baseline monitoring report
followed by 5 annual monitoring reports. Monitoring
reports for stormwater within preserves shall be
included as part of the annual inspection monitoring
reports pursuant to ix (below). The County will
accept wetland monitoring reports submitted to the
South Florida Water Management District as long
as the reports conform to the minimum
requirements provided herein and includes all of
the Preserves receiving stormwater. Compatible
vegetation must be planted to replace upland
vegetation that may be lost as a direct result of the
introduction of stormwater into the preserve.
ix. Inspections and Monitoring. The property owner
shall provide for inspections of all on -site preserves
by the Preserve Manager on an annual basis at a
minimum, or more frequently when required to
ensure the preserve functions as intended. The
results of the inspections, and recommendations of
the Preserve Manager, must be included in a
monitoring report on an annual basis at a
minimum. The property owner shall retain copies of
the five most recent years of monitoring reports and
make them available to Collier County upon
request.
X. Preserve Site Plan. A Preserve Site Plan with
FLUCFCS
Codes for each of
the habitat types
within the
preserve must be included as part of the
Preserve
Management Plan.
The location
of
pathways
and other approved
uses within
the
preserve must be included on
the Preserve
Site
Plan.
xi. The requirements of criteria v, vi, viii, ix, and x shall
not apply to promects with County permits or
approvals including approved Preserve
Management Plans issued prior to [effective date of
this Ordinancel.
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h. Allowable uses within County required preserves. Passive
uses are allowed within preserves to provide for access to
the preserve, as long as any clearing required to facilitate
these uses does not impact the minimum required native
vegetation or cause loss of function to the preserve. Loss
of function to the preserve includes unacceptable changes
vegetation within preserves include replacement of
indigenous vegetation with non - native species changes in
inconsistent with target plant communities. Determinations
within preserves containing listed species shall be in
accordance with permits or authorizations from these
agencies.
i. The following passive uses are allowed within
preserves.
a_) Pervious and impervious pathways and
boardwalks, subject to the following criteria:
Recommended widths for
Pedestrian pathways is 5 feet.
Widths greater than 8 feet may be
allowed where pathways serve as
fire breaks in accordance with a fire
suppression plan approved by the
State of Florida. Division of Forestry.
Minimum widths for shared use
paths for use by golf carts, trams,
bicycles, joggers, etc. is 10 feet.
Widths greater than 12 feet may be
allowed where pathways serve as
Page 65 of 194
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3C ` "j .
fire breaks in accordance with a fire
suppression plan approved by the
State of Florida, Division of Forestry.
Golf cart paths for golf course use
shall be designed for golf course
access only.
iii) Impervious pathways shall be
limited to no more than one percent
of the area of the preserve.
Pathways over this amount shall be
either pervious pathways or
boardwalks.
iv) Where feasible, pathways shall be
designed to maintain existing
vegetation and larger trees.
Pathways in scrub habitat lacking
canopy should be avoided.
V) Where a minimum preserve width of
20 feet cannot be maintained on
either side of pathways, the
Pathway shall be located along the
side of the preserve.
vi) Pathways shall not interfere with the
nests, dens, burrows or roosts of
listed species or the nests of bald
eagle, unless permitted or
authorized by the FFWCC or
USFWS.
vii) Pathways, other than boardwalks,
shall be at or on natural grade
unless constructed on berms for the
stormwater management system.
Slopes for stormwater management
berms in or adjacent to preserves
shall be stabilized and planted with
100% south Florida native species
compatible with the habitat present
in the preserve.
b) Shelters without walls.
C) Educational signage and bulletin boards
located on or immediately adiacent to the
pathway.
d) Benches for seating
Page 66 of 194
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p 3C
e) Viewing platforms
fl Wildlife sanctuaries for indigenous free
roaming wildlife. Wildlife parks wildlife
rehabilitation centers and similar type uses
with non- indigenous wildlife, or caged or
enclosed wildlife, shall not be allowed within
preserves.
g) Conservation - related and recreational
activities comparable in nature with the
aforementioned uses, as determined by the
County Manager or designee.
h. The requirements of this subsection
(3.05.07 H.1.h.i) shall not apply to preserve
pathways, structures or improvements
that had permits prior to [effective date of
this Ordinancel. Existing pathways
structures or improvements that had
permits may be repaired, maintained and
replaced within the existing footprint of the
pathway, structure or improvement.
ii Stormwater subiect to the following criteria.
a) Nothing in this section shall exempt any
system from complying with the stormwater
management design standards as set forth
by the South Florida Water Management
District.
b) Preserve areas shall not be used to meet
water quality requirements as set forth in
Section 5.2.1(a) of the Basis of Review for
Environmental Resource Permit
Applications for the South Florida Water
Management District or the Watershed
Management regulations of Section 3.07.00.
C) Discharge of stormwater into a preserve
shall be in a controlled manner to prevent
erosion, scour, and to promote even
distribution.
d) Stormwater may be discharged into
preserves comprised of:
0 jurisdictional wetlands and the
minimum required upland buffer
Page 67 of 194
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around these wetlands in
accordance with an approved
SFWMD Environmental Resource
Permit (ERP);
ii I uplands comprised primarily (greater
than 50 percent by area) of hvdric
soils as mapped by the Natural
Resources Conservation Service
(NRCS) or as determined by in situ
hydric indicators;
iii non -jurisdictional areas dominated
by hydrophytic (Obligate (OBL) &
Facultative Wet (FACW)) vegetation
iv or a combination thereof.
e) Where preserves include uplands
comprised of greater than 50% by area of
non - hvdric soils and not addressed in
subsection 3.05.07 H.1.h.ii.d (above)
stormwater may be discharged into said
preserves provided the following criteria are
met:
If gopher tortoise, red - cockaded
woodpecker, Big Cypress fox
squirrel, scrub jav or the nests of
bald eagle are present, technical
assistance from the FFWCC or
USFWS shall be provided indicating
that no harm to these species or
their habitat will occur due to
discharge of stormwater into the
preserve. Technical assistance must
be site specific:
ii) Demonstration that the upland
portion of the preserve is not
inundated for more than 30
consecutive days during a reference
wet season, as demonstrated
through stormwater modeling. For
the purpose of this subsection, the
reference wet season is May 1996
through October 1996. In this
context, inundation means water
levels averaging greater than 2"
above the average ground surface of
the preserve;
Page 68 of 194
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or, if on -site groundwater data exists
during a normal wet season, the
applicant must demonstrate that the
addition of stormwater to the
preserve will not cause the
groundwater elevation in the
preserve to exceed the existing
recorded peak groundwater
elevation. A wet season typically
spans June through November, and
rainfall is considered normal if the
monthly totals during a given wet -
season fall within 25 percent of the
average rainfall volume per month,
as computed using nearby long -term
regional rainfall data:
iii Stormwater shall not be directly
discharged into land designated as
322, 413, or 421 FLUCFCS Codes.
f) When stormwater discharges are allowed in
preserves, the associated stormwater
facilities such as berms, swales, or outfall
structures, may be located within the
preserve, but the area of such facilities
cannot count towards the native vegetation
preservation requirement pursuant to
section 3.05.07. These facilities are not
subject to setback requirements as found in
subsection 3.05.07 H.3. These facilities may
be placed in a drainage easement.
Where stormwater discharges are allowed
in preserves, the Preserve Management
Plan as required in 3.05.07 must include a
monitoring program. In the event
stormwater introduced into a preserve
results in unacceptable changes in
vegetation within the preserve, then a
remediation plan must be provided and the
Preserve Management Plan revised
accordingly. Unacceptable changes in
vegetation within preserves include
replacement of indigenous vegetation with
non - native species, changes in vegetative
composition which are inconsistent with
target plant communities or die -offs of
vegetation which are inconsistent with target
plant communities.
Page 69 of 194
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h) Stormwater shall be allowed in preserves in
the RLSA - WRA areas in accordance with
section 4.08.00 Rural Lands Stewardship
Area Overlay District standards and
procedures.
i) A property owner may request deviations
from the above regulations. 3.05.07 H.1.h.ii.
Staff shall review the plans and proposed
deviations to ensure that uplands in the
preserve will suffer no adverse impact
resulting from the proposed deviations. The
process for obtaining deviations shall follow
the procedure as set forth in Chapter 2
Article VIII, Division 23 of the Code of Laws
and Ordinances: appeal before the EAC
and shall be heard at a public hearing of the
EAC. No deviations shall be granted for
322, 413, or 421 FLUCFCS Codes.
The requirements of this subsection
(3.05.07 H.1.h.ii) shall not apply to
discharge of stormwater into preserves
pursuant to South Florida Water
Management District or County permits or
approvals issued prior to (effective date of
this Ordinancel.
iii. No setback from preserves is required for fences
or retaining walls permitted as part of the
stormwater management system. Decorative walls
must be set back a minimum of five feet from the
boundary of preserves. Permanent fences and
walls are prohibited within preserves unless
approved by the FFWCC or USFWS as part of an
approved wildlife management plan in accordance
with 3.04.00. Where construction of such
structures impacts native vegetation in the
preserve, a restoration plan shall be provided and
included as part of the preserve management plan.
No trenching for wall /fence installation is allowed
within 10 feet from preserve boundary unless
adjacent to a fire break in the preserve. Trenching
is allowed for installation of gopher tortoise fencinq
pursuant to FFWCC Gopher Tortoise Permitting
Guidelines and for retaining walls designed to
minimize impacts to native habitat and wetlands
such as those permitted as part of the stormwater
management system.
Page 70 of* 194
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iv. No setback from preserves is required for
impervious or pervious pathways or other
structures allowed within preserves pursuant to
this section.
use, such use is subject to applicable state and
federal oil and gas permits and Collier County non -
environmental site development plan review
procedures. Directional - drilling and /or previously
cleared or disturbed areas shall be utilized in order
to minimize impacts to native habitats where
determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in
Chapter 62C -25 through 62C -30 F.A.C. as those
rules existed on January 13 2005 regardless of
whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C- 30.001(2)
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered
satisfied by evidence of the issuance of all
applicable federal and /or state oil and gas permits
for proposed oil and gas activities in Collier County,
so long as the state permits comply with the
requirements of Chapter 62C -25 through 62C -30
F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed the
applicant shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set
forth in Section 377.42, F.S. to assure compliance
with Chapter 62C -25 through 62C -30 F.A.C. even
if outside the defined Big Cypress Watershed. All
access roads to oil and gas uses shall be
constructed and protected from unauthorized uses
according to the standards established in Rule
62C- 30.005(2)(a)(1) through (12) F.A.C.
SUBSECTION 3.P. AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS
Section 3.06.06 Regulated Wellfields, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 71 of 194
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3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones, as defined in
section 3.06.03, and criteria specified herein shall be applied to the following wellfields:
A. City of Naples East Golden Gate Well Field.
B. City of Naples Coastal Ridge Well Field.
C. Collier County Utilities Golden Gate Well Field.
D. Everglades City Well Field.
E. Florida Governmental Utility Authority Golden Gate City Well Field.
F. Orange Tree Well Field,
G. Immokalee Well Field.
H. Ave Maria Utility Company Well Field.
Page 72 of 194
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3C,
COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
Page 73 of 194
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'3C pm
Illustration 3.06.06 C.
For more detailed information, refer to the Collier County Zoning Map at
www.collieraov.net/]ndex,aspx?paae=992
Page 74 of 194
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II
2d
12
2J
r
'.
9AXDU,
LSOJLEVARD
' MMOknI FE
RrrM
l
m
25 i
2>
26
A`.
?
�
ZB
2E D I
II
rP !
}6
31
-- STW -1 `
STEW -2\
1
-
-1
ST W-3
-
S:W-4
L.,
(mLObry WTE B
I
r
,
)
fi
j
12
STW9-
a
12
i
r5
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a
t' IP
� 8TIW -1
STW3
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FF
4
13
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27
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2�
I
q
wregsiPlE - +s
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ALLiCAIOR
LLEY IS 5p)
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1
Illustration 3.06.06 C.
For more detailed information, refer to the Collier County Zoning Map at
www.collieraov.net/]ndex,aspx?paae=992
Page 74 of 194
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'3C
FLORIDA GOVERNMENTAL
UTILITY AUTHORITY
GOLDEN GATE CITY
WELL FIELD
Page 75 of 194
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3C';`;
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
GOLDEN GATE CITY WELL FIELD
s
m
H0
,8,
T3
77 1 -\, 23 24
77 1 -\, 23 24
<n
Illustration 3.06.06 E.
For more detailed information, refer to the Collier County Zoning Map at
www.collierao)z.netllodex.aspx?p ace =992
Page 76 of 194
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27
p
<p
ST-1
j
STM-2 ,
ST W-3
`
m
$TW-3
<n
Illustration 3.06.06 E.
For more detailed information, refer to the Collier County Zoning Map at
www.collierao)z.netllodex.aspx?p ace =992
Page 76 of 194
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'3C
ORANGE TREE
WELL FIELD
121 ` 33 t,
Page 77 of 194
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3C
ORANGE TREE
WELL FIELD
Illustration 3.06.06 F.
For more detailed information, refer to the Collier County Zoning Map at
www,collieraov.net/Index.aspx? nacre =992
Page 78 of 194
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f 3C
AVE MARIA UTILITY
COMPANY WELL FIELD
Illustration 3.06.06 H.
For more detailed information, refer to the Collier County Zoning Map at
collieraov .net /Index.aspx ?pane =99
Page 79 of 194
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SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance
04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
D. Exemptions and exclusions from design standards.
9. Fences, walls and hedges, subject to section 5.03.02, and -pad round
(slab on grade) mounted air conditioners, unenclosed pool equipment and
well pumps, are permitted in required yards, subject to the provisions of
section 4.06.00. (For permanent emergencv generator setbacks see
Ordinances.)
SUBSECTION 3.R. AMENDMENTS TO SECTION 4.02.02 DIMENSIONAL STANDARDS
FOR CONDITIONAL USES AND ACCESSORY USES IN BASE
ZONING DISTRICTS
Section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
A. GC District. IRESERVEDI
Page 80 of 194
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3 C ��' 1 F;11
B. A District.
- ars,. a. �r_ rzrrrn�sr _.:rrr++�aarr.�:rrrrrmsrn:r�n. _
Page 81 of 194
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3 C 4
Page 82 of 194
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3 C 1�14
EI
q)FI► �P- 157/,1- TSJ.L11�:\ _ _
......
. _
G. C -1 District.
Page 83 of 194
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°3C OF
.::
1}
H. C -2 District. [RESERVEDI
4
use to a PeFFRitted Use, the fGIIGWiRg Genditions shall apply:
the prinGipal StFUGtUre, hewever an emeFgeRGY exit from the play
Page 84 of 194
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i 2 M-7
.::
1}
H. C -2 District. [RESERVEDI
4
use to a PeFFRitted Use, the fGIIGWiRg Genditions shall apply:
the prinGipal StFUGtUre, hewever an emeFgeRGY exit from the play
Page 84 of 194
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3C.a.
N,•T K,,:.:z,.,,� �. Il7T'.'S -T�►: A:S7C,
J. C -5 District. fRESERVEDI Child day Gare may be allowable as a nenelfien-al
use, subjeGt to the f49ll9WiRg standards.
Page 85 of 194
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3G
K. I District. (RESERVEDI
MIMM
SUBSECTION 3.S. AMENDMENTS TO SECTION 4.02.12 SAME— OUTDOOR STORAGE
Section 4.02.12 Same — Outdoor Storage, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.02.12 Same — Outdoor Storage
A-. OutdOOF StGFage yards rRay be peRnissible in the G 4 distpiGt, provided that thin
YaFd s leGated no Ginger than tweRty five (25) feet to aRY publiG street and that
egress, pur-suaRt to the Fequirements of this LIDG. This pFev sieR shall Rot be
or yards used in whole 9F paFt for SGFap eF salvage opeFati9Rs or for prOGeSSFRg,
storage, display, eF sales of any sGrap, salvage, OF SeGORdhand building
Page 86 of 194
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:'3C
G: A. All permitted or conditional uses allowing for outdoor storage, including but not
limited to storage of manufactured products, raw or finished materials, or vehicles
other than vehicle intended for sale or resale, shall be required to screen such
storage areas with a fence, or equivalent landscaping or combination thereof, not
less than seven (7) feet in height above ground level. Said fence or wall shall be
opaque in design and made of masonry, wood, or other materials approved by
the County Manager or designee.
SUBSECTION 3.T. AMENDMENTS TO SECTION 4.02.29 SAME —FARM MARKET
OVERLAY SUBDISTRICT
Section 4.02.29 Same —Farm Market Overlay Subdistrict, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.29 Same —Farm Market Overlay Subdistrict
,.qhdd�. deffleRstFates that PFOVi6iORG won be made to adequate,
Page 87 of 194
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`3C f
I WNW!
44, A. minimum 5-foot landsGape buffer shall be Feq6l Fed adjacent to any Fead
rights of way.
SUBSECTION 3.U. AMENDMENTS TO SECTION 4.02.32 SAME —MAIN STREET
OVERLAY SUBDISTRICT
Section 4.02.32 Same —Main Street Overlay Subdistrict, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.32 Same —Main Street Overlay Subdistrict
Page 88 of 194
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rma0
q
SUBSECTION 3.V. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD)
Section 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD),
of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict
(MXD)
B. Regulations For Outdoor Display and Sale of Merchandise.
GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport - Pulling
Road and Commercial Drive
(For illustrative purposes only)
Page 89 of 194
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OC
Front Setback Zone Front Setback Zone
Mixed Use Subdistict Mixed Use Subdistrict
and C•1 through 45 and 47 through "
Commercial Zoning Commercial Zoning
Districts Districts
i
i I
I
I I
I
i
i
I I
Ir. 1 I', I Af- Cap 1 I I
Davis Boulevard, US 41 Commercial Drive
and Airport- Pulling Road
Front Setback Zone Front Setback Zone
Mixed Use Subdistrict Mired Use Subdistrict
and C-1 through 65 and G1 through C-5
Commercial Zoning Commercial Zoning
Districts Districts
I ilk >_
Davis Boulevard, US 41 Commercial Drive
and Airport- Pulling Road
Page 90 of 194
Words struelc J through are deleted, words underlined are added
`3C.
GTMUD Figure 3. 3 -Story Building Height, Step Back, Projections, and Recesses
(For illustrative purposes only)
Mixed Use SubdisWct(Resldentlal
above Commercial or Residential_
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
6 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
Pmjecrien Moved.
/W A.mq%
Gmrplee, and
B.km
8 Fe# e✓edmum
g'
m�
70 %olFw4Fecede must be p/amd m
FmN Yemd BubdbJJne, end Reosesss
mu# M • Nlmdmum o!3 Fef
9 Fe#
GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step-Back Projections and Rec_ess_es
Page 91 of 194
Words ^'.n,z. 'h^^ � gh are deleted, words underlined are added
1
Pempe[me #mum 4 bet ebo2Rcd
Bdbm o /Eeve Llne W Tm olBUMrg Ruo/
10Po #MblmNn
Re#dwrtleiUm OMY
Fm,d Y loran
Front Ud
6uUd- b,Lbie
R
Mava a�
I
W,[mum Hfthr. 42 R
N)
C wml#Umo,
!. 4
A
OMy
70 %olFw4Fecede must be p/amd m
FmN Yemd BubdbJJne, end Reosesss
mu# M • Nlmdmum o!3 Fef
9 Fe#
GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step-Back Projections and Rec_ess_es
Page 91 of 194
Words ^'.n,z. 'h^^ � gh are deleted, words underlined are added
Mixed Use SubdlstricbResidential
above Commercial or Residential
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
sraat
10 Feet Minimum
Stopbaak (ton'
Franc Yard
Build - to -Une
3rd Story and
Above
r rwi
3C �;
Nropet maximum 4 Feet be ve Roof
GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step -Back Projections and Recesses
Page 92 of 194
Words struck through are deleted, words underlined are added
RoOdentlel Use Only
gg
B
Uselmum Height 42 Ft
Commemlel 0.0 ar
Realdentlal Use Building,
OnN
gp
e:.
..
gyp!
a
GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height, Step -Back Projections and Recesses
Page 92 of 194
Words struck through are deleted, words underlined are added
r 3C
GTMUD Figure 4. 4 -Story Building Height, Step Back, Projections, and Recesses
(For illustrative purposes only)
Mixed Use Subdistrict/ Residential
above Commercial or Residential
Only Fronting on US 41:
4 Stones
Maximum Actual Height: 70 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts Frame '6Rw
Heights according to current LDC Aft ^
Awrtlrpe, w
Belawtlaa
10 MMlmum Fwd
10Few Miwmwn �J _ - --
Sm0-BecXlron
F
BuddALNe w
ad.ds .nasro Y
end Aeo`e
lam:
RaagawNr10wr
Conxro2M wRaeManpw UU Owy Ofoy mN w Rewd41
I
ParepefmWmuml Mw above Raw
Bdevn olEeva tine wrap MBUM11+a Raw
uuuuuuuaaau.aeaauaaeaauu F / —I
RW Ow Ufa CNy
J
I'I
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[iS L.0
IR
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RaaH IUSO y
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II8
', Rgg
4s
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f
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70%wFnw Fx muw Ea Fbwdan
Fwd Yard BwWAUrw,eWR.
I '. nwwb a MlNmwn al3 Feel
/--- I9Feef
m �
GTMUD
Mixed Use Subdistrict and C -f through C -5 Districts:
Building Height, Step -Backr Projections and Recesses
Page 93 of 194
Words struek through are deleted, words underlined are added
I
`6FM
I
uuuuuuuaaau.aeaauaaeaauu F / —I
No NU pun ll Few
[iS L.0
No mwa pren 1p Faw
Pf(pKtbn Ae0wed
(wAwrWpe,
FNiwwd Floarb l%w'LR Z S
Cagdae aed
9woavea
Fhw Fbor Commercial Uae O Iy Fn dFpe.
70%wFnw Fx muw Ea Fbwdan
Fwd Yard BwWAUrw,eWR.
I '. nwwb a MlNmwn al3 Feel
/--- I9Feef
m �
GTMUD
Mixed Use Subdistrict and C -f through C -5 Districts:
Building Height, Step -Backr Projections and Recesses
Page 93 of 194
Words struek through are deleted, words underlined are added
Mixed Use SubdistrictlResldentlal
above Commercial or Residential
Only Fronting on US 41:
4 Stories
Maximum Actual Height: 70 Feet
Mini Trian fie M_Ixed Use
8 Stories
Maximum Actual Height: 128 Feet
Commercial Zoning Districts Pn /eMfkne
Heights according to current LDC Awb a
BekOnlu I
.} 10Mlnlml— um` —F!!I
tOFesl Mlnlmum
BIepOSMM IMU
Fnnf YeN
BvIMAOdln..I
3,d, d burry
aMAhow
3F.
!FKK
PSnpH maxhnumlFSNShow FOOI
v of Esw Llne mTap 01 Buldap 8001
RSSkaB1l We Ony
Resld.00 Use Only
COmm. W.I RUldW f hI Use Only
!FM
3C
191mI.W u
MS HelBhA ldn
Mlxsd U"
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Ony ftn FnnllnB on U8S1
MWib
Flnl FkOr {kohl
Bo
Rommrelh mOnit Fai
On 11 Fael
mm
flnlsAM Floor f, Coldrg
Only JMNw
GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height Step- Backz_Projectlons and Recesses
Page 94 of 194
Words struck through are deleted, words underlined are added
Sssssss�
�tp
€ g
$ i�aEyErr
i
A R
191mI.W u
MS HelBhA ldn
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MWib
Flnl FkOr {kohl
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Rommrelh mOnit Fai
On 11 Fael
mm
flnlsAM Floor f, Coldrg
Only JMNw
GTMUD
Mixed Use Subdistrict and C -1 through C -5 Districts:
Building Height Step- Backz_Projectlons and Recesses
Page 94 of 194
Words struck through are deleted, words underlined are added
3V
C. Parking Standards
1. Mixed Use Projects
d. Parking Location
i. Off - street parking in front of buildings abutting US 41,
Davis Boulevard or Airport- Pulling Road shall not exceed
50% of that building's parking requirement.
a) The design shall be a single -aisle double - loaded
parking lot.
b) The remaining parking required shall be located on
the side or rear of the building.
Parking Location
(For illustrative purposes only)
GTMUD - Mixed use Subdlstict
Locadon of OM Street Parking
�T7M_MM LP7M7JiI7PL_
N }flfONt+,f+fCkNN+µON+D
lll Intenor Lots
_ _ f
Pam tted o"81 or
,rear of Front Yard
uild -to -Line.
— � croar gam euurtra�ure
rear rwanro -roue.
roow aea�uon Penma
I- oa aa.wsn..
! IJITTTTIT L_JP�Ir]LJJFI�f�l�i�L��
(,.__FIrI
' IUTI?IJiIIIIITi1_1iiPIIIII.fPIV -�',
COMMLots
+111ilLL1 - Z.li.!11�Wllif"LLilllf>
100 %ofparking
,�
permldetl on side or
rearo r n
NOW
Build-lo-Um.
_ r-mru Yeva�
Page 95 of 194
Words stFuek,through are deleted, words underlined are added
3C 01 ,
GTMUD - Mixed Use Subdistrict.,
Location of Off Stmt Parking
I I .W %RWUhNPMl+S
�I I I LI —? ILrl "�. I I I I j �, �,T"— `111LW'111LLLL�LL_Jlf-LWI�'
I
d li
_ __._._ _..._._..___..a
P„MIe 94wf 1 P"c SO
GTMUD Figure 5
* * x * x * * x * * x x
SUBSECTION 3.W. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS
Section 4.05.02 Design Standards, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.05.02 Design Standards
* * * * * * * * * * * *
M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in
size or sixteen (16) feet in depth measured from the aisle width to the face of the wheel
Page 96 of 194
Words s4 �-'�,- �,�- t"rthrough are deleted, words underlined are added
3C
stop except in the case of parallel parking where the dimension of the space shall be
nine (9) feet by twenty -three (23) feet for spaces running parallel to the driveway which
affords access to said spaces. As an alternative, nine (9) feet by eighteen (18) feet
spaces may be used in which case there must be a six (6) foot marked clear zone space
in front of or in back of every space. See Exhibit "A" for typical off - street parking design.
All parking spaces for the exclusive use of compact vehicles indicated on an approved
site development plan, and any subsequent amendments thereto, shall be counted as
standard parking spaces.
Page 97 of 194
Words StRi6k thFOug are deleted, words underlined are added
I 1
Y
g�
b
Y
A
i
F
s
F
�I 1
Page 98 of 194
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3 C
%m.—F
S
TYPICAL OR -SnM
_
�Gey�Yy
PAMNC DEMGN
D
DIMON AO
♦♦7pp
!i!7
COLDER COUNTY DRVRLOPUM
SERVICES DEPARTMUR
— - —'
t9 JAN 00 MT.S.
EXHIBIT A
Page 98 of 194
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3 C
-r- o-
�I
T�`u
ail
3C'I
�
Nrts _ l
a
0
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u
a x
L�7 � I
c > a
ail II j / ;WI II Tr` m
(BLUE)
rt
a f
004 / a
(RI OF)
11 1 n
(W1111 L) / �+
Page 99 of 194
Words struok through are deleted, words underlined are added
TYPICAL OFF—STREET
PARKING DESIGN
DIVISION 2.3
COLLIER COUNTY DEVELOPMENT
SERVICES DEPARTMENT
IA ]AN 96 N.T.S.
EXHIBIT A
Page 99 of 194
Words struok through are deleted, words underlined are added
3C01
x x x x x • x x + x +. x
SUBSECTION 3.X. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE
REQUIREMENTS
Section 4.05.04 Parking Space Requirements, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.05.04 Parking Space Requirements
• x x + • x x x + x
E. Required off - street parking shall be located so that no automotive vehicle when
parked shall have any portion of such vehicle overhanging or encroaching on
public right -of -way or the property of another. If necessary, wheel stops or
barriers may be required in order to enforce this provision.
F Required off - street parking according to the requirements of this Code shall not
be reduced in area or changed to any other use unless the permitted or
1= G. Minimum requirement.
1. Irrespective of any other requirement of this LDC, each and every
separate individual store, office, or other business shall be provided with
at least one (1) off - street parking space, unless specific provision is
made to the contrary.
2. The County Mmanager or designee may determine the minimum parking
requirements for a use which is not specifically referenced below or for
which an applicant has provided evidence that a specific use is of such a
unique nature that the applicable minimum parking ratio listed in this LDC
should not be applied. In making such a determination the County
Manager or designee may require submission of parking generation
studies; evidence of parking ratios applied by other counties and
municipalities for the specific use; reserved parking pursuant to section
4.05.05, and other conditions and safeguards deemed to be appropriate
to protect the public health, safety and welfare.
G- H. Spaces required.
Table 17. Parking space requirements.
x ♦ • x x + + • x + x
Page 100 of 194
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F-1 3 C `s
SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.06.01 GENERALLY
Section 4.06.01 Generally, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION
4.06.01 Generally
D. Landscaping with Sight Design Triangles.
Safe sight distance triangles at intersection and access points. (Refer to
Figure 4.06.01 D., Sight Distance Triangles). Where a driveway /access
way intersects a right -of -way or when a property abuts the intersection
of two or more rights -of -way, a minimum safe sight distance triangular
area shall be established. Within this area, vegetation shall be planted
and maintained in a way that provides unobstructed visibility at a level
between 30 inches and 8 feet above the crown of the adjacent roadway.
Landscaping shall be located in accordance with the roadside recovery
area provisions of the State of Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance of streets and Highways (DOT Green Book) where
appropriate. Posts for illuminating fixtures, traffic control, and street name
signs shall also be permitted, so long as the sign or equipment is not
within the prescribed clear space.
Where an accessway enters a right -of -way, two safe distance triangles
shall be created diagonally across from each other on both sides of the
accessway. Two sides of the triangle shall extend 10 feet each way from
the point of intersection from the edge of pavement and the right -of -way
line. The third side of the triangle shall be a line connecting the ends of
the other 2 sides.
Page 101 of 194
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4/ �--
A
Sir"I pwvemenL . 114/
1 A.
DOM
ht, mi
ear lian
T'j"g$.' of Rowie4o 31Y ht. r
Goes Yhobvily IT
("I"Od "now)
PLAN I IMYLSKE6 Of RHYMY and 51MOI
Cross V4MAY
Iro
Tc�
30' ht. Mo.
MAL ,' aa
soa
Iy --9 Eop of Imt
CROSS SECTION A—A' ; InLersection of brivewov and Stract
PLAN : Street InLersecti
Page 102 of 194
op. Lin*
Words struelc throbigh are deleted, words underlined are added
01 Way
line)
Street Pavement
-,a — +I
I I
..... _.: Swale .:.
Sidewalk Driveway }
Landscape -8' ht, min.
Buffer clear trunk
D'
Triangles of Required 30" ht. max. —
Cross Visibility _ JI
(Hatched Areas)
PLAN Intersection of Driveway and Street
�— To'
I
Area of Required F
Cross Visibility `
� 8 trunk
30" ht. max. ACE
3' Driveway 3'
I sod
I�-10' sod Edge of Pavement t0'
CROSS SECTION A —A' : Intersection of Driveway and Street
� I
CLEAR AREA FOR 0
SIGHT DISTANCE I I
I
I
/
I
I- -�=1-- --E-
- —
_PAVEMT
I/I
tl
LOCAL ROADWAY IN SUBDIVISION
Figure 4.06.01 D — Sight Distance Triangles
3iC OR
— — — Right of Way
(Prop. Line)
Where a property abuts the intersection of two rights -of -way, a safe
distance triangle shall be created. Two sides of the triangle shall extend
30 feet along the abutting right -of -way lines, measured from the point of
intersection. The third side of the triangle shall be a line connecting the
Page 103 of 194
Words struck thicetig: are deleted, words underlined are added
301
ends of the other 2 sides.
The developer shall comply with all of the provisions of the applicable
landscape requirements and this section 4.06.00 at the time of
subdivision or development approval or when applicable.
SUBSECTION 32. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
D. Plant Material Standards.
4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained
at a minimum height as specified in Section 4.06.02.C.1- except where
street visibility at street and driveway intersections is required and where
pedestrian access is provided. Shrubs and hedges shall screen the
adjacent pavement surface or developed property required to be
buffered and /or screened. Hedges, where required, shall be maintained
so as to form a continuous, unbroken, solid visual screen within a
minimum of one year after time of planting.
SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION
Section 4.08.07 SRA Designation, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.08.07 SRA Designation
K. SRA Public Facilities Impact Assessments. Impact assessments are intended to
identify methods to be utilized to meet the SRA generated impacts on public
facilities and to evaluate the self- sufficiency of the proposed SRA with respect to
these public facilities. Information provided within these assessments may also
indicate the degree to which the SRA is consistent with the fiscal neutrality
requirements of Section 4.08.07 L. Impact assessments shall be prepared in the
following infrastructure areas:
7. Public Schools. The applicant shall coordinate with the Collier County
School Board to provide information and coordinate planning to
accommodate any impacts that the SRA has on public schools. As part
of the SRA application, the following information shall be provided:
Page 104 of 194
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301
OMME
10 04.09 for SIA requirements): and
G b. The potential for locating a public educational facility or facilities
within the SRA, and the sites location(s) of any site�sj that may be
dedicated or otherwise made available for a public educational
facility.
SUBSECTION 3.1313. AMENDMENTS TO CHAPTER 5 SUPPLEMENTAL STANDARDS
TABLE OF CONTENTS
Chapter 5 Supplemental Standards Table of Contents, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
. . . . . . . . . . . .
5.03.00 Accessory Uses and Structures
5.03.01
Canopy Tents and Shades
5.03.02
Fences and Walls Excluding Sound Walls
5.03.03
Guesthouses
5.03.04
Dumpsters and Recycling
5.03.05
Caretaker Residences
5.03.06
Dock Facilities
5.04.00 Temporary Uses and Structures
5.04.01
Temporary Use Permits
5.04.02
Interim Agricultural Uses
5.04.03
Temporary Uses During Construction
5.04.04
Model Homes and Model Sales Centers
5.04.05
Temporary Events
5.04.06
Temporary Signs
5.04.07
Annual Beach Event Permits
5.04.08
[Reservedl
SUBSECTION 3.CC. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS
Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 105 of 194
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3C14
5.03.02 Fences and Walls, Excluding Sound Walls
Page 106 of 194
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"3C11
NO
NNW
Page 107 of 194
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VY
Page 108 of 194
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� 3C PON
PM
A. Fences or walls shall be permitted principal uses in all districts, subject to the
restrictions set forth in this section unless specifically exempted; however, a
Page 109 of 194
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3C ..
C. Residential (RSF RMF RT VR MH) and TTRVC zoning districts and
designated residential components of PUDs shall be subject to the following
maximum fence and wall heights:
a
a. Required front yard
I. lots greater than 1 acre: 6 feet
ii. non - waterfront interior lots 1 acre or less: 4 feet
iii. waterfront lots 1 acre or less: 4 feet
iv. corner lots 1 acre or less: fences closer than 10 feet to the
b. Required side and /or rear vard(s)
i. lots greater than 1 acre: 6 feet
ii. non - waterfront interior lots 1 acre or less: 6 feet
iii waterfront lots 1 acre or less: 6 feet side yard(s): 4 feet in rear
yards
iv. Public Utility Ancillary Systems: 8 feet
V. corner lots 1 acre or less: 4 feet (there is no rear yard on a
corner lot)
Commercial and Industrial zoning districts excluding the TTRVC zoning district;
1. Fences or walls shall be limited to a maximum height of 8 feet.
2. The County Manager or desiqnee may approve an administrative
variance from the height limitations of fences and walls in commercial and
industrial zoning districts provided that at least one (1) health, safety, or
welfare hazard peculiar to the property is identified and that such
approval does not address a generic problem more properly corrected by
an amendment to this Code.
E. Agricultural and Conservation zoning districts
Page 1 10 of 194
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1.
F. Fence and wall design standards in all districts
1. Measurement of fence or wall height
a. Existing ground levels shall not be altered for the purpose of
increasing the height of a proposed fence or wall except as
provided for in this section and section 4.06.00.
91
Determination of ground level. The height of a fence or wall shall
be measured from the ground level at the fence or wall location.
the following facts:
i. General ground elevation of the entire lot.
ii. In the case of a lot with varying ground elevations, the
average elevation over the length of the fence or wall and
at points in the vicinity of the fence or wall.
fence or wall location that is at the lowest elevation shall be used
as a point from which the height is to be measured.
2. Fences and walls shall be constructed of conventional building materials
as specified herein.
3.
4. Safe Distance Sight Triangle
a.
height of 3 feet. (See Figure 5.03.02 F.4).
Page I I I of 194
Words tr cugh are deleted, words underlined are added
P3C
49
�I
CLEAR AREA FOR
SIGHT DIST AN CE�� II
I I
I I
LOCAL ROADWAY IN SI,HIHWISION
Figure 5.03.02 FA
5 Fences and walls shall be constructed to present a finished side of the
fence or wall to the adjoining lot or any abutting right -of -way.
a. If a fence wall or continuous landscape hedge exists on the
adjoining parcel this provision may be administratively waived by
filing the appropriate application for consideration by the County
Manager or designee.
a
utility substation sewage treatment plant, or similar use.
G. Supplemental Standards
1. Fences on sites with structures which are subject to section 5.05.08
Architectural & Site Design Standards must comply with the following
additional standards:
a.
Page 112 of 194
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R W
_
'0 I`AVEM
ENT
I I
I I
LOCAL ROADWAY IN SI,HIHWISION
Figure 5.03.02 FA
5 Fences and walls shall be constructed to present a finished side of the
fence or wall to the adjoining lot or any abutting right -of -way.
a. If a fence wall or continuous landscape hedge exists on the
adjoining parcel this provision may be administratively waived by
filing the appropriate application for consideration by the County
Manager or designee.
a
utility substation sewage treatment plant, or similar use.
G. Supplemental Standards
1. Fences on sites with structures which are subject to section 5.05.08
Architectural & Site Design Standards must comply with the following
additional standards:
a.
Page 112 of 194
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a
3C41
Fences forward of the primary facade excluding chain link, wire
mesh and wood are permitted under the following conditions:
i Fences shall not exceed 4 feet in height.
ii. The fence provides either an open view at a minimum of
25 percent of its length or provides variation in its height for
a minimum of 15 percent of its length with a deviation of at
least 12 inches.
iii. The fence style must complement building style through
material color and design.
2. Use of chain link or wire mesh fencing (the requirements of this section
are not applicable to single family dwellings):
3.
a. If located adjacent to an arterial or collector road in the urban
coastal area the fence shall be placed no closer than three feet to
the edge of the right -of -way or property line.
b. The fence shall be screened by an irrigated living plant hedge at
screen within one year of planting.
all districts Razor or concertina wire is not permitted except in the case of
an institution whose purpose is to incarcerate individuals i.e., a fail or
penitentiary, or by application and decision by the County Manager or
designee.
H. Wall requirement between residential and nonresidential development
Whenever a nonresidential development lies contiguous to or opposite a
with the following standards.
1. Height and Location.
a. If located on a contiguous property, then height shall be 6 feet to 8
Page 113 of 194
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y 3 C 1.0
separated by a platted alley, then height shall be 4 feet and
placement shall be a minimum of 3 feet from the rear of the right
of-way landscape buffer line.
C. If a property fronts on more than 1 street then height shall be 6
feet and placement shall be required along the street which is
d. These regulations shall not be construed to require a masonry
wall and /or fence for properties used as golf courses or preserve
areas and non - residential development fronting on an arterial or
collector roadway where the opposite side of such roadway is
2. Landscaping requirements.
a When the placement is within the required landscape buffers
vegetative material.
installation of the vegetative material.
3. Timing of installation.
other site improvements. At the County Manager or designee's
commence depending upon the location of affected residential
areas.
4. Deviation from wall requirement.
a. At the applicant's request the County Manager or designee may
residence or some other physical separation exists between the
Page 114 of 194
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3C IN
intent of this section and if the administrative variance is
Special fences and walls
1. Sound Walls
a.
restrictions.
2. Public utility ancillary facilities.
a. See subsection 5.05.12.
SUBSECTION 3.DD. AMENDMENTS TO SECTION 5.04.01 GENERALLY (TO BE
PROVIDED)
Section 5.04.01 Generally (To Be Provided), of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.04.01 Temporary Use Permits.
temporary uses such as special events sales and promotions. It is the intent of
this section to classify temporary uses and to provide for their permitting
of the use hours of operation and the impacts of the proposed temporary use on
adjacent properties.
« .
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SUBSECTION 3.EE. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND MODEL
SALES CENTERS
Section 5.04.04 Model Homes and Model Sales Centers, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.04.04 Model Homes and Model Sales Centers
A. Model homes and model sales centers are intended to facilitate the sale of the
model design or of products similar in design to the model. Model homes and
model sales centers shall be of a temporary nature and may be allowed in the
following zoning districts:
1. Any residential zoning district or residential component of a PUD, in the
estates zoning district, and in the agricultural zoning district as part of a
rufa4 subdivision, by the issuance of a temporary use permit.
2. However, a model center as a permitted use within a PUD, and not
located within a dwelling unit or a temporary structure, such as a trailer,
shall not require a temporary use permit.
B. Model homes and model sales centers located within residential zoning districts,
of with +n a residential component of a PUD, the estates (E) zoning district, or the
agricultural (A) zoning district, shall be restricted to the promotion of a product or
products permitted within the ,tiGiGIR-rt:a4 zoning district of PlJD in which the model
home or model sales center is located and further subject to the following:
SUBSECTION 3.FF. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04.05 Temporary Events, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
A. Temporary- Sales. Special Events.
1. Sales and Promotional Events.
In thenase of -A temporary use permit is required for temporary
sales and /or promotional events on non - residential property, such
as grand openings, going out of business sales, special
promotional sales, sidewalk sales overstock sales, tent sales, or
other similar uses (eXG16164Ve of gaFage sales, lawn
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ti
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II h rl d A ViA]Atinrl F thiR I n(` ., d shall her KeGt to the
PeRalt as here's
In suoport of the proposed temporary sale or event, temporary
subject to approval of a site plan depicting same
ii. All temporary structures and equipment merchandise or
requirements of the zoning district in which it is located
iii. A building permit may be required for the erection of
temporary structures.
3. d. Temporary-sales use permits for sales may be issued to the
owner(s) of a commercial establishment, or to the tenant(s)
operating within a commercial establishment with the approval of
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the property owner or property manager, provided said tenant
provides documentation of a current annual lease with the
property owner. Uses permitted by an approved temporary sales
permit shall be operated by the property owner or tenant(s),
except as provided for in sections 5.04.05(A)(5) 5.04.05 5.04.05 A.1.g.
and 5.04.05(A)(5) 5.04.05 A. 1.h. below.
4. e. Temporary sales use permits for sales shall be restricted to those
zoning districts in which the sale of the items would normally be
permitted. Further, the sales activity permitted by the temporary
use permit shall be related to the principal commercial activities in
operation on the subject property, except as provided for in
subsections 5.04,05(A)(5) 5.04.05 A.1.g. and 5.04.05(A)(5)
5.04.05 A.1.h. below. The isFwanne of a temporary use peFrnit
.;hall not be OF;Aued fer undeveloped PFOperVes.
f Special event temporary use permits shall not be issued for
5 —&_The County Manager or designee may issue temporary use
permits for satellite locations subject to the applicable restrictions
set forth in this section, provided the applicant currently operates
a business from a permanent, approved commercial location
within the County. Additionally, the purpose of the temporary sale
shall be the same as the principal purpose of the existing
commercial business of the applicant.
6. h. The County Manger Manager or designee may, in determining a
specific benefit to the public, grant a temporary use permit to
facilitate the sale of an item or items not generally available within
a specific planning community, subject to the applicable
restrictions set forth in this section.
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2 Sports religious and community events.
specifically developed and approved for such activities on a
regular basis The County Manager or designee may -grant a
nonrenewable temporary use permit of up to 14 days duration for
such events.
merchandise structures and equipment and a mobile home as
an office but not for residency.
C. Temporary use permits in this category shall be restricted to those
d The County Manager or designee shall accept without fee
temporary use permit applications for sports religious community,
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per organization are eligible for this permit
3 Special Event time limits.
a The County Manager or designee may grant nonrenewable
events for that location does not exceed 28 days.
b For multiple occupancy parcels with 10 or more tenants the total
duration of all such permits shall not exceed 42 days per calendar
year
C. Temporary use permits for special events may be extended up to
permit and the permittee will be required to sign a notarized
agreement to abide by such conditions.
B. Temporary seasonal sales. A nonrenewable f+ve45j week temporary use permit
may be issued for seasonal and holiday related temporary sales subject to the
following restrictions.
1. Temporary use permits for seasonal sales may be issued onlv for the
following seasonal /holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
C. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties_ ,
dPrnAnstrAtP,4 that pFevisleRs will be made to adequately address eaGh Gf
the fGIIewiflg
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f. Sanit. , teG'rt eG.
3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for
the temporary seasonal sales.
4. Temporary use permits for seasonal and /or holiday sales may, in support
of the use being permitted, include the placement of te
one ('ti r; sign, a
of— signs, merchandise, temporary structures, and equipment may be
expiratiOR ef the permit, it shall be deemed a volatieR of this Code and
shall be sul 'eGt to thepenalties her
I. Temporary signage is subject to the restrictions set forth in
subsection 5.04.06 A & B.
ii A building permit may be required for the erection of temporary
structures.
during each 6 month period.
D Temporary Uses not elsewhere classified. At the direction of the BCC, the
a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations
and /or requirements have been satisfied.
zoned property of 1.25 acres or greater, in preparation for showing and
sale at the annual Collier County Fair.
a Pastures shall be fenced and maintained. Any roofed structure
used for the sheltering feeding or confinement of such animals
land.
b Structures as described above shall be maintained in a clean,
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healthful and sanitary condition.
C. Once removed for showing and /or sale the hog(s) shall not be
returned to the property.
d This permit may be revoked with cause.
SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS
Section 5.04.06 Temporary Signs, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.06 Temporary Signs
Aoese..,ed
A A temporarV use permit is required for the placement of any temporary ground
1 The County Manager or designee may issue temporary sign permits
classified by use as necessary to adequately address each of the
services performed by the Growth Management Division.
2 Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit and shall be removed on or before the
expiration date of the temporary use permit authorizing said sign
3 Standards applicable to all temporary signs.
i Sign placement shall not obstruct or impair the safe
visibility, ingress or egress of pedestrians and motorists.
sign may be displayed on a property having a second street
frontage.
C. Absent specific standards to the contrary, temporary signs shall
be located onsite and no closer than 10 feet to any property line.
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RON
d Temporary signs and banners used on nonresidential or mixed
use properties shall not exceed 32 square feet in sign area or 8
feet in height.
e Temporary signs used on residentially zoned properties shall not
exceed 4 square feet in area or 3 feet in height.
B. Temporary Sign Permit Types and Standards.
IN
Temporary Events. A temporary use permit for a temporary event, issued
per section 5.04.05., shall allow for the placement of temporary signage
as classified and regulated herein.
C. Seasonal sales signs.
d Garage sales signs. Two temporary signs may be placed on the
property where the sale is being conducted.
purpose of displaying a business name for an existing business
a As applied in this section the sign must be constructed of wood,
plastic or other similar material may not be a banner sign, and is
limited to 16 square feet.
b. If placed in a shopping center or multiple occupancy building,
the temporary sign for each business must be of similar color,
lettering, and style.
C. The sign may be affixed to the building or free - standing in front of
the building so long as the sign does not obstruct or interfere with
pedestrian or vehicular traffic, parking or fire lanes, or access to
adjacent units.
5. °eserred Temporary sign covers. A non - renewable temporary use
permit is required to erect a temporary sign cover over an existing sign
unless otherwise provided herein. Temporary signs shall be allowed
subiect to the restrictions imposed by this section.
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a A sign cover made from white vinyl or canvas may be authorized
time the cover shall be removed regardless of whether or not the
sign face has been replaced.
6. Election and Referendum signs. Signs for elections and referendums
shall be permitted subject to the following requirements:
e. In all other zoning districts, such signs shall not exceed a
maximum sign area of 32 square feet per sign and 8 feet in
height, except when affixed to the surface of a buildinsa wall, and
shall be located no closer than 10 feet to any property line. The
quantity of such signs shall be limited to 1 sign for each lot or
parcel per bulk permit issued.
i I dd't' to a bulk teFnpeFaFy use permit, a h 'Id'..
+t-
,,re Geed to GGRfGFFR y the q 8Rt6 of the Florida
Building CTCbtG<:F r ^�° y
Cove
SUBSECTION 3.HH. AMENDMENTS TO SECTION 5.04.07 ANNUAL BEACH EVENTS
PERMITS
Section 5.04.07 Annual Beach Events Permits, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.04.07 Annual Beach Events Permits
A. The owner of beach -front commercial hotel -resort property shall apply for an
annual beach events permit. The County Manager or his designee,or his
designee, may grant the permit following review of an application for such permit.
The application shall be submitted on the form prescribed by Collier County
together with the applicable fee for the number of planned annual beach events
as indicated on the permit form and exhibits thereto. Permits issued pursuant to
this section are not intended to authorize any violation of F.S. § 370.12, or any of
the provisions of the Endangered Species Act of 1973, as it may be amended.
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E. Sea turtle nesting season. Annual beach events which occur during sea turtle
nesting season (May 1st through October 31st of each year) are also subject to
the following regulations:
1. All required Florida Department of Environmental Protection (FDEP) field
permits, shall be obtained and a copy furnished to Collier County prior to
the time of the scheduled event as set forth in section 5.04.06(G)
5.04.07 C.
7. Identification of sea turtle nests on the beach may cause the beach event
to be relocated from its planned location or to have additional reasonable
limitations placed on the event pursuant to the recommendation of Collier
County staff in order to protect the identified sea turtle nests in this permit;
except that county staff may relocate a staging area as provided for in
section 5.0406 5.04.07, as part of its daily sea turtle monitoring.
SUBSECTION 3.11. ADDING SECTION 5.04.08 RESERVED
Section 5.04.08 Reserved, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby added to read as follows:
5.04.08 rReservedl
SUBSECTION 3.JJ. AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE
STATIONS
Section 5.05.05 Automobile Service Stations, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.05 Automobile Service Stations
B. Table of site design requirements:
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f i,�
P. Exceptions
and all other applicable sections of the Land Development Code.
SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.05.10 TRAVEL TRAILER AND
RECREATIONAL VEHICLE PARK DESIGN STANDARDS
Section 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
C. Required facilities for campsites and TTRV lots.
44D-. Assessery -uses
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Standards
Minimum lot area (sq. ft.)
30,000
Minimum lot width (ft.)
150
Minimum lot depth (ft.)
180
Separation from adjacent automobile service stations (ft.) (based on
500
istance between nearest points)
Minimum setbacks all structures:
Front yard
50
Side yard
40
Rear yard
40
P. Exceptions
and all other applicable sections of the Land Development Code.
SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.05.10 TRAVEL TRAILER AND
RECREATIONAL VEHICLE PARK DESIGN STANDARDS
Section 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
C. Required facilities for campsites and TTRV lots.
44D-. Assessery -uses
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.
mr�rrrrlirrrRrr�arrrr+sr�
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SUBSECTION 3.LL. ADDITION OF SECTION 6.02.09 PUBLIC SCHOOL FACILITIES
LEVEL OF SERVICE (LOS) REQUIREMENTS
Section 6.02.09 Public School Facilities Level of Service (LOS) Requirements, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby added to read as follows:
6.02.09 Public School Facilities Level of Service (LOS) Requirements
A. The LOS for public school facilities varies by type of school. The LOS for
elementary and middle schools is 95 percent of the Concurrence Service Area
(CSA) Enrollment /Florida Inventory of School Houses (FISH) Capacity and
the LOS for high schools is 100 percent of the CSA Enrollment/FISH Capacity.
B. The LOS standard for public school facilities will be achieved and maintained if
any one of the following is met:
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1. The necessary facilities and services are in place at the time a final site
development plan or final subdivision plat is approved; or
2. The necessary facilities and services are under construction or the contract
subdivision plat is approved: or
3. The necessary facilities and services are found in the first, second or third
year of the School District of Collier County's financially feasible Five -Year
as adopted by reference each year by December 1s`, at the time a final site
development plan or final subdivision plat is approved: or
4. The necessary facilities and services are the subject of a binding
commitment with the developer to contribute proportionate share funding
as provided for in Policy 2.4 of the Public School Facilities Element, if
applicable or to construct the needed facilities.
C. The determination of public facility adequacy for school facilities shall occur only
after the School District has issued a School Capacity Availability
Determination Letter (SCADL) verifying available capacity to serve the
development.
SUBSECTION 3.MM. AMENDMENTS TO SECTION 6.06.05 CLEAR SIGHT DISTANCE
Section 6.06.05 Clear Sight Distance, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.06.05 Clear Sight Distance
E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or
structure shall be erected, planted, or allowed to grow in such a manner as to
obstruct vision between a height of 30 inches and 8 feet above the centerline
grades of the intersecting streets in the area bounded by the right -of -way lines
of such corner lots and a line joining points along said right -of -way lines 25-30
feet from the point of intersection. Parking is prohibited in this area. Trees are
permitted, so long as the foliage is cut away and maintained within the 30 inch
and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control,
fences and street name signs are permitted, so long as the sign or equipment is
not within the prescribed clear space and the fence does not visually impede the
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clear sight of the intersection.
SUBSECTION 3.NN. AMENDMENTS TO CHAPTER 8 DECISION - MAKING AND
ADMINISTRATIVE BODIES
Chapter 8 Decision - Making and Administrative Bodies, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
9.03.00 Planning GoFnFn0ss0en Reserved
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pip
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MKO
RM
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••
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i3
SUBSECTION 3.00. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS
Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04 -41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental ;FnpaGt statements Data Submittal Requirements
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30
kwmat, shall be submitted to GOURty Manager or his designee fGF
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J_
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-- M�e
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03 CU
OFF
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WIN
OFF
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2 -- MMIN
RUN
'.q. Provide an analysis clemenstmt;Rg that the PFOjeGt WiA
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1 Purpose The purpose of this section is to identify the types and format of
Code.
2 Preparation of Environmental Data. Environmental Data Submittal
Requirements shall be prepared by an individual with academic
3 Environmental Data The following information shall be submitted, where
applicable to evaluate projects.
a. Wetlands
( SFWMD) or Florida Department of Environmental
Protection (DEP) prior to SDP or final plat construction
plans approval. For sites in the RFMU district, provide an
the SFWMD or DEP prior to first development order
approval Where functionality scores have not been
verified by either the SFWMD or DEP scores must be
reviewed and accepted by County staff, consistent with
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State regulation.
performed using methodologies approved by Federal and
State water quality agencies and must demonstrate no
iii. Where treated stormwater is allowed to be directed into
preserves show how the criteria in 3.05.07 H have been
met.
iv. Where native vegetation is retained on site, provide a
topographic map to a half foot and where possible
include this information on the site plans.
b Listed Species and Bald Eagle Nests and Nest Protection Zones
L Provide a wildlife survey for the nests of bald eagle and for
listed species known to inhabit biological communities
Wildlife Service (USFWS). Survey times may be reduced
or waived where an initial habitat assessment by the
environmental consultant indicates that the likelihood of
by the environmental consultant indicates that the
likelihood of listed species occurrence is low, the survey
time may be reduced or waived by the County Manager or
Additional survey time may be required if listed species are
discovered.
ii. Provide a survey for listed plants identified in 3.04.03.
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project directs incompatible land uses away from listed
species and their habitats Identify the location of listed
species nests burrows dens foraging areas and the
eagle management plans are required for sites containing
bald eagle nests or nest protection zones, copies of which
shall be included on the SDP or final plat construction
plans,
C. Native vegetation preservation
For sites or portions of sites cleared of native vegetation
July 2003 provide documentation that the parcel(s) are in
vegetation required to be retained on -site. Include the
above referenced calculations and aerials on the SDP or
final plat construction plans. In a separate report,
demonstrate how the preserve selection criteria pursuant
to 3 05 07 have been met. Where applicable, include in
or other natural land features located on abutting
properties.
iii. Include on a separate site plan the project boundary and
the land use designations and overlays for the RLSA,
RFMU ST and ACSC -ST districts. Include this information
on the SDP or final plat construction plans.
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donation of land is to occur.
d General environmental requirements
measures needed to remediate if required by FDEP.
occupy farm fields (crop fields cattle dipping ponds
pounds per month or 110 gallons at any point in time were
and shall at a minimum test for organochlorine pesticides
(U.S. Environmental Protection Agency (EPA) 8081) and
no points of contamination are obvious. Include a
background soil analysis from an undeveloped location
hydraulically upgradient of the potentially contaminated
site Soil sampling should occur iust below the root zone
about 6 to 12 inches below ground surface or as otherwise
agreed upon with the registered professional with
experience in the field of Environmental Site Assessment.
Include in or with the Environmental Site Assessment, the
Assessment when the contaminants are over these levels.
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for its intended use after a six -inch rise in sea level.
requested.
V. Where applicable provide evidence of the issuance of all
all state permits that comply with the requirements of
Chapter 62C -25 through 62C -30 F.A.C. as those rules
existed on January 13 2005.
e Other code requirements
provide an analysis for how the proiect design avoids the
most intensive land uses within the most sensitive WRM-
STs and will comply with the WRM -ST pursuant to 3.06.00.
construction plans For land use applications such as
standard and PUD rezones and CUs provide a separate
Zones identified.
ii. Demonstrate that the design of the proposed stormwater
Watershed Management regulations of 3.07.00.
iii For sites located in the Big Cypress Area of Critical State
standards and regulations in 4.02.14.
specific requirements of the Manatee Protection Plan not
included in 5.05.02.
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f. Additional data
The County Manager or designee may require additional
Manager or designee prior to public hearings
7-5. Exemptions.
a. The €ls Environmental Data Submittal Requirements exemption
shall not apply to any parcel with a ST or ACSC -ST overlay,
unless otherwise exempted by section ^.02 14 u exeeptio 6) e
4.02.14- I. .
a
10.02.04.B.4. These exemptions shall not apply to the following.
i Wetland delineations and permitting.
Retention of native vegetation in accordance with 3.05.07
C.
iii. Listed species protection in accordance with 3.04.01.
C. Agricultural uses. Agricultural uses that fall within the scope of
sections 163.3214(4) or 823.14(6), Florida Statutes, provided that
the subject property will not be converted to a nonagricultural use
use or considered for any type of rezoning petition for a period of
25 years after the agricultural - -uses agricultural uses commence
and provided that the subject property does not fall within an
ACSC or ST zoning overlay.
past usage, prior te the adeptiOR of th s Code, OR SU
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IM
past usage, prior te the adeptiOR of th s Code, OR SU
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f d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1
h e. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
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where determined to be practicable. This requirement shall be
deemed satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C -25 through 62C -30,
County environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable federal
and /or state oil and gas permits for proposed oil and gas activities
in Collier County, so long as the state permits comply with the
forth in Section 377 42 F S to assure compliance with Chapter
constructed and protected from unauthorized uses according to
the standards established in Rule 62C- 30.005(2)(a)(1) through
(12), F.A.C.
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SUBSECTION 3.PP. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04 -41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.03 Submittal Requirements for Site Development Plans
� .
B. Final Site development plan procedure and requirements. A pre - application
meeting shall be conducted by the County Manager or his designee, er his /her
designee, prior to the submission of any site development or site improvement
plan for review. This meeting may be waived by the County Manager or his
designee upon the request of the applicant.
1. Site development plan submittal packet: The site development
submittal packet shall include the following, if applicable:
a. Ownership: A copy of the recorded 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. The applicant shall also present a notarized letter of
authorization from the property owner(s) designating the
applicant as the agent acting on behalf of the owner(s).
b. Site development plan. A site development plan and a
coversheet prepared on a maximum size sheet measuring 24
inches by 36 inches drawn to scale.
it. The following information shall be set forth on the site
development plan and /or on a separate data sheet used
exclusively for that purpose.
Analysis (SIA) application location map and
review fee.
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SUBSECTION 3.QQ. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS
FOR PLATS
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements
2. Preliminary subdivision plat submission requirements. The preliminary
subdivision plat process is optional. The optional nature of this process
will in no way affect the submission requirements enumerated below. In
other words, if an applicant chooses this option, the applicant must
follow all of the submission requirements. The mandatory nature of the
final subdivision plat process is likewise not affected by the optional
nature of the preliminary subdivision plat submission process.
A preliminary subdivision plat application shall be submitted for the
entire property to be subdivided in the form established by the County
Manager or his designee and shall, at a minimum, include ten copies of
the preliminary subdivision plat unless otherwise specified by the County
Manager or #is designee. The preliminary subdivision plat shall be
prepared by the applicant's engineer and surveyor. Land planners,
landscape architects, architects, and other technical and professional
persons may assist in the preparation of the preliminary subdivision plat.
The preliminary subdivision plat shall be coordinated with the major
utility suppliers and public facility providers applicable to the
development. Provisions shall be made for placement of all utilities
underground, where possible. Exceptions for overhead installations may
be considered upon submission of sound justification documenting the
need for such installation. The preliminary subdivision plat shall include
or provide, at a minimum, the following information and materials:
� .
Z. All plans and platting documents shall be prepared fully in
compliance with the Interim Watershed Management regulations
of LDC section 3.07.00.
location map and review fee.
B. Final plat requirements.
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4. Final subdivision plat submission requirements. The submittal of final
plats for which no preliminary subdivision plat is contemplated must
include, apart from the final plat and /or improvement plans, that
information required for review of preliminary subdivision plats in
accordance with Section 10.02.04 A.2. For only those final plats
incorporating townhouse development on fee simple lots, the following
additional information, prepared by a registered engineer (and landscape
architect for landscape plan), must be provided either separately or in
conjunction with the information required by section 10.02.04 A.2. of this
Code:
location map and review fee.
SUBSECTION 3.RR. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS
Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.02.06 Submittal Requirements for Permits
G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the
LDC- for temporary use permit classifications and restrictions.
1. Applications for temporary use permits shall be submitted to the County
Manager or designee in writing on a form provided by the Community
Development and Environmental Services Division.
nonrefundable fee, as indicated in the CDES fee schedule and approved
prior to or simultaneously with the submission of a buildina permit
application, if required.
3 Each temporary use permit application shall be accompanied by
4. A conceptual site plan (CSP) or a site development plan (SDP) is
required for special events and seasonal sales. For improved and
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a. Vehicular and pedestrian traffic safety measures
b. Adequate on -site or additional off -site parking areas shall be
provided as follows.
i. A maximum of 10 percent of the parking required by
ii. The minimum required number of handicapped parking
spaces pursuant to section 4.05.07 shall remain available
for use.
C. Limited activity hours.
d. Watchmen, fencing and lighting.
e. Fire protection and emeraencv access measures
f. Sanitary facilities.
g. If required, a faithful performance bond to guarantee compliance
with the conditions of the permit.
5. Review procedures.
a. Based upon the information contained in the application the
or deny an application, and may attach conditions to the permit.
b. In the event an application is denied by the County Manager or
designee, the reason(s) shall be noted on the application and
returned promptly.
6. Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, agents and emplovees from and
provided by the County Manager or designee.
7. Cancellations and postponements.
or postponement and the reason(s) for same. It is understood that
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rescheduled event shall be provided.
b. If a permitted event is postponed the permit will be amended to
reflect the rescheduled event dates and a copy will be provided to
the applicant prior to the event.
C. If an event is cancelled and the County is notified prior to the
initially proposed commencement date the number of days used
will not count towards the maximum number of authorized days
afforded for events by the Code.
8. Suspension or revocation. Failure to comply with the terms and
noncompliance is remedied. A permit may be revoked without refund for
suspension or revocation order. The continued failure to comply with the
terms and conditions of a previously suspended permit may result in the
revocation of said permit.
9. Violations. The failure to obtain a required Temporary Use Permit and /or
the failure to cease activities authorized by such a temporary use permit
including the removal of any displays, structures merchandise
be subject to the penalties established within this Code.
10. 3: Film Permit.
a. Permit required. A permit shall be required for the following
activities taking place, in conjunction with commercial motion
picture, film, television, video or still photography production: the
use of set scenery, temporary structures or other apparatus,
special effects, or closure of public streets or accessways. This
Code shall not apply to bona fide newspaper, press association,
newsreel or television news media personnel, nor to properties
that have been zoned to allow motion picture /television filming as
a permitted use.
b. Application for permit, contents. Any person, firm, corporation,
association or governmental entity desiring to obtain a permit shall
apply to the County Manager or 4ios designee; and said application
shall include but not be limited to the following -:
Name, address (including local address) and telephone
number of applicant.
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h
Proof of comprehensive general liability insurance
coverage in the amount of at least $1,000,000.00
combined single limit, with Collier County named as an
additional insured. The applicant shall provide to the
County Manager or his designee a certificate of insurance
evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the
expiration or cancellation of the policy.
iii. Special effects to be utilized, especially incendiary or
explosive devices, with proof of not less than
$5,000,000.00 comprehensive general liability insurance
combined single limit with Collier County listed as
additional insured. In addition, the application shall list the
person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the
applicable federal and /or state agencies, and authorization
from the local fire district permitting the event.
iv. Locations, dates and hours of filming.
The following information is required by the County
Manager or his designee, unless waived:
C. Insurance requirements. The applicant shall maintain in force at
all times during the permit period, a comprehensive general
liability policy with limits other than those described in sections
10.02.06 G.3.b.ii. and b.iii. above of this Code as determined by
the risk management director upon a review of the particular
circumstances involved. Said applicant shall provide to the County
Manager or his- designee a certificate of insurance as evidenced
that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30
days' notice prior to the expiration or cancellation of the policy.
Any additional insurance requirements for filming on private
property will be at the discretion of the affected property owner.
Indemnification. The applicant shall be required to indemnify and
hold harmless Collier County, its officers, agents and employees
from and against all claims, suits, actions, damages, liabilities,
expenditures or causes of action arising out of or occurring during
the activities of applicant under a permit issued hereupon in the
form and manner provided by the County Manager or his
designee.
e. Permit fee. No permit fee shall be required. Any additional license
or user fees which have been established for county -owned land
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or facilities shall be in effect.
Issuance of permit. Upon presentation of the completed
application, proof of insurance, payment of permit fee, surety bond
or cash payment in lieu of the bond and review by the County
Manager or his designee, the permit may be issued. If the County
Manager or his designee determines that the use of public or
private property could affect the public's use of the property, or
have potential adverse impacts on surrounding properties, then
he /she may require that the permit application be scheduled for a
public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure
of a public street or accessway; use of special effects, including
incendiary or explosive devices; a large production crew or crowd
control; and increased liability insurance required. The notice for
the public hearing shall be advertised in a newspaper of general
circulation in the county at least 1 time 15 days prior to the
hearing.
Suspension of permit. Failure to comply with the terms and
conditions of the temporary use permit once issued shall be
grounds for immediate suspension of the permitted activity until
such time as the noncompliance is remedied. The suspension
shall be initially communicated verbally, followed by a written
suspension order; and continued failure to comply with the terms
and conditions of the permit may result in revocation of the permit.
Costs for extraordinary services. The county shall recover direct
costs for extraordinary services rendered in connection with a
production. Such costs shall include, but not be limited to, charges
for personnel and /or equipment committed in support of the
production which are outside the normal scope of government
services. Based on the information contained in the permit
application, an estimate of these costs will be provided to the
applicant prior to issuance of this permit. The county may require
prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual
costs below or in excess of the estimates will be refunded by the
county or paid by the applicant, respectively.
Surety bond. A surety bond in an amount to be determined by
Collier County and issued by a company authorized to issue
bonds in Florida or cash payment in lieu of the bond may be
required by the County Manager or his designee to provide for
cleanup and /or restoration of the subject site(s).
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Vehicle on the beach regulations.
Unlawful to drive on sand dunes or beach or to disturb sand dune.
It shall be unlawful:
To operate or cause to be operated a hand -, animal -, or engine -
driven wheel, track or other vehicle or implement on, over or
across any part of the sand dunes, hill or ridge nearest the gulf, or
the vegetation growing thereon or seaward thereof, or to operate
or drive such a vehicle on the area seaward thereof, commonly
referred to as "the beach" within Collier COURty, Florida.
b. To alter or cause to be altered any sand dune or the vegetation
growing thereon or seaward thereof; make any excavation,
remove any material, trees, grass or other vegetation or otherwise
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3 MI
alter existing ground elevations or condition of such dune without
first securing a permit as provided for in this Code.
2. Exceptions; permit. All permits to allow operation of vehicles on county
beaches shall
beginning of sea tUFtle Resting seasGp be subject to the following. During
sea turtle nesting season, May 1 through October 31, of each year, all
permits shall be subject to section 10.02.06 1.3 below. Permits issued in
accordance with this section shall be valid for the time the vehicle is used
inspection. Permits issued for construction vehicles engaged in beach
nourishment, inlet maintenance and general construction activities shall
expire on April 30 of each year, to coincide with the beginning of sea
turtle nesting season. Vehicle on the beach permits are not transferable
a. Sheriff, city, state and federal police, emergency services, and the
Florida Fish and Wildlife Conservation Commission vehicles
operated or authorized by officers of these departments operating
under orders in the normal course of their duties, and government
entities responding to emergency situations shall be exempt from
the provisions of this section.
b. Vehicles which must travel on the beaches in connection with
environmental maintenance, conservation, environmental work,
and /or for purposes allowed by Collier County Ordinance No. 89-
16, providing that the vehicle(s) associated with the permitted
uses of Collier County Ordinance No. 89 -16 remain stationary,
except to access and egress the beach, shall be exempt from the
provisions of this section if a permit has been obtained from the
en iFORFnental services department direGtGF � hi6 County
Manager or designee,
on the vi6ndsh6eld Of GLIGh vehide and kept with the vehicle and
The procedure for obtaining such a permit
shall be by application on the form prescribed by Collier County to
stating
the reason or reasons why it is necessary for such vehicle or
vehicles to be operated on the beaches in connection with an
environmental maintenance, conservation, environmental purpose
and /or for purposes allowed by Collier County Ordinance No. 89-
16, taking into consideration the vehicular use restriction
previously stated as a criterion for an exception, and permit fef
$I_JF_.h yphi nle or :ehinips chvll he issued by the eRVirenmental
6e^' aes department dire-star if the
if the County Manager or designee is satisfied
that a lawful and proper environmental maintenance,
conservation, environmental purpose and /or purpose as described
above and allowed by Collier County Ordinance No. 89 -16 will be
served thereby. All permits issued are subject to the following
conditions and limitations:
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standard formula shall be included with each permit
application.
rider weight (lbs) / total tire footprint (square inches)
C. Baby buggies (perambulators), toy vehicles, toy wagons,
wheelchairs or similar devices to aid disabled or non - ambulatory
persons and hand pulled or pushed carts /dollies /hand trucks or
similar type equipment for personal use shall be exempt from the
provisions of this section.
Vehicle -on- the -beach permits issued in conjunction with special or
annual beach events, in conjunction with permanent concession
facilities, or for other routine functions associated with permitted
uses of commercial hotel property. Vehicles which are used in
conjunction with functions on the beach, are exempt from the
provisions of this section if a vehicle -on the -beach permit has
been granted by the County Manager or designee. All permits
issued are subject to the following conditions and limitations:
The use of vehicles shall be limited to set -up and removal
of equipment for the permitted function.
Said permits shall be prominently displayed on the vehicle
and kept with the vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include
ATVs, non - motorized handcarts or dollies, and small utility
wagons, which may be pulled behind the ATVs.
iv. All vehicles shall be equipped with ;a:g pneumatic tires
having a maximum ground -to -tire pressure of ten PSI
(pounds per square inch), as established by the Standard
PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit
application.
Permits shall only be issued for ATVs when dal
the County Manager or designee
has determined that: 1) evidence has been provided that
there is a need to move equipment, which, due to the
excessive weigh and distance of equal to or greater than
200 feet, would be prohibitive in nature to move with, push
carts or dollies; or 2) a limited designated work area has
been established at the foot of the dune walkover for
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loading and unloading and the ATV use is restricted to that
limited identified area.
vi. When not in use all vehicles shall be stored off the beach.
vii. During sea turtle nesting season, the following shall apply:
1) no vehicle may be used on the beach until after
completion of daily sea turtle monitoring conducted by
personnel with prior experience and training in nest
surveys procedures and possessing a valid Fish and
Wildlife Conservation Commission Marine Turtle Permit; 2)
there shall be no use of vehicles for set up of chairs or
hotel or commercial beach equipment, etc. until after the
beach has been monitored, 3) one ingress /egress corridor
onto and over the beach, perpendicular to the shoreline
from the owner's property, shall be designated by the
County Manager or designee; additional corridors may be
approved when appropriate and necessary as determined
by the END County Manager or designee; a staging area
may be approved for large events as determined by the
END County Manager or designee and 4) except for
designated corridors, all motorized vehicles shall be
operated below the mean high water line (MHW), as
generally evidenced by the previous high tide mark. If at
anytime E&D the County Manager or designee determines
that the designated corridor may cause adverse impacts
to the beach, nesting sea turtles, or the ability of hatchlings
to traverse the beach to the water, an alternative corridor
shall be designated. If no alternative is available, as
determined by the €-&D County Manager or designee, the
vehicle -on- the -beach permit may be suspended for the
remaining period of the sea turtle season.
vii viii. These vehicles may not be used for transportation of
people or equipment throughout the day. The permit shall
designate a limited time for equipment set up and for the
removal of the equipment at the end of the day.
e. Permit for construction (excluding beach re- nourishment and
maintenance activities). Prior to beginning construction in
proximity to a sand dune for any purpose whatsoever, including
conservation, a temporary protective fence shall be installed a
minimum of ten feet landward of the dune. It shall be unlawful to
cause or allow construction and related activity seaward of such
fence. Each permit for work shall clearly indicate the provisions of
this Code and the protective measures to be taken and shall be
subject to the provisions of section 10.02.06 0.
f. Beach raking and mechanical beach cleaning.
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i. Beach raking and mechanical beach cleaning shall be
prohibited on undeveloped coastal barriers unless a state
permit is obtained.
ii. Beach raking and mechanical beach cleaning must
comply with the provisions of section 10.02.06 I. of this
Chapter.
iii. Beach raking and mechanical beach cleaning shall not
interfere with sea turtle nesting, shall preserve or replace
any native vegetation on the site, and shall maintain the
natural existing beach profile and minimize interference
with the natural beach dynamics and function.
iv. Beach raking and mechanical cleaning shall not occur
below MHW on the wet sand area of beach which is
covered by high tide and which remains wet during low
tide. Bbeach raking and mechanical beach cleaning shall
not operate or drive within 15 feet of dune vegetation and
endangered plant and animal communities, including sea
turtle nests. Surface grooming equipment that does not
penetrate the sand may operate or drive to within ten feet
of dune vegetation and endangered plant and animal
communities, including sea turtle nests.
V. Beach raking and mechanical beach cleaning devices
shall not disturb or penetrate beach sediments by more
than the minimum depth necessary, not to exceed two
inches, in order to avoid a potential increase in the rate of
erosion.
vi. Vehicles with greater than ten psi ground to tire pressure,
shall not be used to conduct beach raking. Vehicles with
less than ten psi ground to tire pressures, in conjunction
with the attachment of a screen, harrow drag or other
similar device used for smoothing may be used to conduct
beach raking upon approval of the E- DCounty Manager
or designee.
vii. Mechanical beach cleaning involving sand screening or a
combination of raking and screening shall only be
conducted on an "as needed" basis as determined by the
en„ Fonmental depa trneRt County Manager or
designee. Necessity will include when large accumulations
of dead and dying sea -life or other debris remains
concentrated on the wrack -line for a minimum of two tidal
cycles following a storm event, red tide or other materials
which represent a hazard to public health.
g. Vehicles associated with beach nourishment and inlet
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maintenance.
Heavy equipment used in conjunction with beach
nourishment, inlet maintenance, to accomplish FDEP
permit requirements, or other unusual circumstance as
determined by the GIDES administrataF County Manager or
designee, which cannot meet the standard PSI, will require
compaction mitigation. Mitigation shall be accomplished by
tilling to a depth of 36 inches or other FDEP approved
methods of decreasing compaction. Beach tilling shall be
accomplished prior to April 15 following construction and
for the next two years should compaction evaluations
exceed state requirements.
Utilization of equipment for the removal of scarps, as
required by FDEP, shall be limited to an ingress /egress
corridor and a zone parallel to the MHW. Scarp removal
during sea turtle season shall have prior FDEP approval
and coordinated through the FDEP, FWCC, SG€S9 the
County Manager or designee and the person possessing
a valid Fish and Wildlife Conservation Commission Marine
Turtle Permit for the area.
iii. No tilling of the beaches shall occur during sea turtle
nesting season.
SUBSECTION 3.SS. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY
Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of
Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
No building or land alteration permit or certificate of occupancy shall be issued
except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord.
No. 90 -24 (Chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. Regulatory
program: Review of development to ensure adequate public facilities are available,
including the Transportation Concurrency Management System and the Public School
Facilities Concurrency.
A. General. In order to ensure that adequate potable water, sanitary sewer, solid
waste, drainage, park, school 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
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3
development.
B. Exemptions. The following development orders and development shall be
exempt from the terms of this section:
6. For public school facilities, the following shall be exempt from the terms of
this section.
a. Single family and mobile home lots of record existing as of
October 14, 2008, the effective date of the public school
County.
b. Any new residential development that had a final subdivision
plat or site development plan approval as of the effective date of
school concurrence, October 14, 200&
d. Age- restricted communities with no permanent residents under
permanent residents to 18 years and older.
orders, which are calculated to generate less than 1 student.
2005.
67. Developments that claim vested status from the Growth Management
Plan adopted January 10, 1989 and its implementing regulations, and
properly obtains a determination of vested rights for a certificate of public
facility adequacy in accordance with the provisions of this section, as
follows:
Application. An application for determination of vested rights for a
certificate of public facility adequacy 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:
Name, address, and telephone number of the owner and
authorized applicant if other than the owner;
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ii. Street address, legal description, and acreage of the
property; and
iii. All factual information and knowledge reasonably available
to the owner and applicant to address the criteria
established in subsection 10.02.07 B.67.g. of this Code.
C. 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 a certificate of public facility
adequacy, the Community Development and Environmental
Services Division Administrator and the County Attorney shall
review and evaluate the application in light of all of the criteria in
subsection 10.02.07 B. 6 7. g. 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 subsection 10.02.07
B.67.g. 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
County Attorney agree based on the review and evaluation that
the application for determination of vested rights for a certificate of
public facility adequacy so clearly should be granted or granted
with conditions, then they may enter into a written stipulated
determination of vested rights for a certificate of public facility
adequacy with the owner, in lieu of the written recommendation to
the hearing officer and the provisions in subsections 10.02.07
B.67.d., 10.02.07 B.67.e. and 10.02.07 B.67.f. 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
subsection 10.02.07 B.67.g., 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.
d. Review and determination of vested rights determination for a
certificate of public facility adequacy by hearing officer. Upon
receipt by the hearing officer of the application for determination of
vested rights for a certificate of public facility adequacy 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
subsection 10.02.07 B.67.g. of this Code, and shall follow the
rules of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8;
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F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the
extent that the hearing officer is empowered to swear witnesses
and take testimony under oath. The hearing officer shall follow the
procedures established for administrative hearings in Rules 60Q-
2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031,
F.A.C. except as expressly set forth herein. The parties before the
hearing officer shall include the county, the owner or applicant,
and the public. Testimony shall be limited to the matters directly
relating to the standards set forth in subsection 10.02.07 B.6 7.g.
of this Code. The County Attorney shall represent the county, shall
attend the public hearing, and shall offer such evidence as is
relevant to the proceedings. The owner of the property and its
authorized agents, may offer such evidence at the public hearing
as is relevant to 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.
e. Issuance of vested rights determination for a certificate of public
facility adequacy by hearing officer. Within 15 working days after
the completion of the public hearing under subsection 10.02.07
B.6-7.g. of this Code the hearing officer shall consider the
application for determination of vested rights for a certificate of
public facility adequacy, the recommendation of the Community
Development and Environmental Services Division Administrator
and the County Attorney, and the evidence and testimony
presented at the public hearing, in light of all of the criteria set
forth in subsection 10.02.07 B.67.g. of this Code, and shall deny,
grant, or grant with conditions the application for determination of
vested rights for a certificate of public facility adequacy 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 subsection 10.02.07 B.67.g. of this Code,
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.
f. Appeal to the Board of County Commissioners. Within 30 days
after issuance of the hearing officer's written determination of
vested rights for a certificate of public facility adequacy, 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 a certificate of public facility adequacy 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
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3G� °t
hearing officer's determination of vested rights for a certificate of
public facility adequacy, with or without modifications or
conditions, or reject the hearing officer's determination of vested
rights for a certificate of public facility adequacy. The Board of
County Commissioners shall not be authorized to modify or reject
the hearing officer's determination of vested rights for a certificate
of public facility adequacy 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 hearing or that the hearing officer's
determination of vested rights for a certificate of public facility
adequacy is contrary to the criteria established in subsection
10.02.07 B.67.g. of this Code.
h. Limitation on determination of vested rights for a certificate of
public facility adequacy. A determination of vested rights for a
certificate of public facility adequacy which grants an application
for determination of vested rights for a certificate of public facility
adequacy 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 2 years
after the issuance of the determination of vested rights for a
certificate of public facility adequacy under subsection 10.02.07
B.67.g. 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 2 years after
issuance of the determination of vested rights for a certificate of
public facility adequacy under subsection 10.02.07 B.67.g., 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 2 -year time limitation
on the determination of vested rights for a certificate of public
facility adequacy 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 section.
C. Certificate of public facility adequacy.
General.
Words stFueli thfeugh are deleted, words underlined are added
Z " 0
V ` -�
a. Payment of road impact fees to obtain a certificate of adequate
public facilities.
i. A five -year temporary certificate of public facility adequacy
(COA) shall be issued concurrent with the approval of the
next to occur final local development order. At the time a
temporary certificate of public facility adequacy is issued,
20% of the estimated payment based on the impact fee
rate in effect at the time of the pre - approval letter will be
due and deposited into the applicable impact fee trust
fund. The funds will then be immediately available for
appropriation by the Board of County Commissioners for
transportation capital improvements, except that for those
non - residential (i.e., typically commercial or industrial)
developments otherwise required to obtain approval of an
SDP prior to the issuance of a building permit, applicants
for a final subdivision plat may elect to:
pJ comply with the applicable regulations of this
section as to one or more of the lot(s) of the FSP
and obtain a COA specifically for just that lot or
lots at a specified intensity of development, or
ii-. 1?1 delay submitting a TIS and obtaining a COA for all
of the proposed lots, or just those remaining lots
not then already complying with this section, until a
required SDP is applied for and the terms of this
section are then complied with including payment of
estimated transportation impact fees.
The subject development is not allocated any available
road system capacity or considered eligible to be vested
for transportation concurrency purposes, however, until
approval of a TIS, payment of 50°6 estimated
Transportation Impact Fees in accordance with this
subsection, and issuance of a COA in accordance with
Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055,
F.A.C.
Final calculation of impact fees due will be based on the
intensity of development actually permitted for
construction and the impact fee schedule in effect at the
time of the building permit(s) application, such that
additional impact fees may be due prior to issuance of the
building permit(s). The balance of transportation impact
fees shall be paid in four additional annual installments of
20 %, beginning one year after the initial 20% payment.
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R
ii. Impact fees for all other Category "A" capital improvements
will be paid at the time of issuance of building permits at
the rate then currently applicable.
iii. At the time a temporary COA is issued, and the first 20% of
the estimated payment is paid, the applicant will deposit
with the County sufficient security, the form of which has
been approved by the Board of County Commissioners, for
a term of four years, in an amount equal to the 20%
payment.
iv. Upon pavment of 100% of the estimated impact fees. the
certificate will be issued in perpetuity and the dedicated
security will be released. No further advance payments will
be due once actual road impact fees are paid equal to the
initial estimated impact fees.
V. Once the initial 20% of the estimated pavment has been
paid, the security has been deposited with the County, and
a temporary COA has been issued failure to submit the
remaining additional installments in accordance with the
provisions of this subsection shall result in the following:
a) Upon failure to cure following 10 days written
demand, the County will exercise its payment rights
to the dedicated security: and
b) The matter will be referred to the Board of Count
Commissioners for review. Absent the Board
finding exceptional circumstances, the temporary
certificate of public facility adequacy shall be
revoked.
vi. For those developments that have secured a three -year
COA, in order to extend the vestinq period for an additional
five years, the balance of the estimated transportation
impact fees, based on the impact fee rate in effect at the
time of the pre- approval letter, must be paid in five
additional annual installments of 20% with the first
Payment being made prior to the expiration date of the
three -year certificate. For those developments that have
secured a three -year certificate that has expired, in order
to extend the vesting period for an additional five years,
the balance of estimated transportation impact fees based
on the impact fee rate in effect at the time of the pre -
approval letter must be paid in five additional annual
installments of 20 %, with the first payment being made
within 30 days of the effective date of this Ordinance. At
the time the first 20% of the estimated payment is paid, the
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d �1
applicant will deposit with the County sufficient security,
the form of which has been approved by the Board of
County Commissioners, for a term of four years, in an
amount equal to the 20% payment. Upon payment of
100% of the balance of the estimated impact fees, the
certificate will be issued in perpetuity and the dedicated
security will be released. No further advance payments will
be due once actual road impact fees are paid equal to the
balance of the estimated transportation impact fees. Once
the first additional annual installment has been paid, the
security has been deposited with the County, and a
temporary COA has been issued, failure to submit
payment in accordance with the provisions of this
subsection shall result in the following:
a) Upon failure to cure following 10 days written
demand, the County will exercise its payment rights
to the dedicated security, and
b) The matter will be referred to the Board of Count
Commissioners for review. Absent the Board
finding exceptional circumstances, the temporary
certificate of public facility adequacy shall be
revoked.
vii. Offsets for road impact fees assessed to building permits
for impact fees paid in accordance with this subsection, as
well as any remaining balance of payments related to the
original three -year certificate, will be applied equally to the
new or remaining units or square footage and will run with
the subject land.
viii. This provision is to be read in coniunction with section 74-
302(h) of the Collier County Code of Laws and
Ordinances.
C. Where the proposed development has been issued final
subdivision plat approval or final site development plan
approval
November -3, 1893, a certificate of public facility adequacy shall be
obtained prior to approval of the next development order
required for the proposed development.
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e d. Assessment and application of transportation impact fees and
surrender of certificate of public facility adequacy. Within -90 -days
of �.vrittan Upon notice by facsimile or other approved
electronic format that an application for a final local development
order and a certificate has -have been approved and a GeFtifiwte
issued - or prior to expiration of the temporary, 1 -year capacity
reservation previously secured by the applicant upon the
County's acceptance of the TIS pursuant to section 10.02.07
CA.f.,
h Gheve~ of the 2 GGGUFS late~ an applicant may pick
up the certificate upon payment of the
estimated transportation impact fees due in accordance with
section 10.02.07 C.1.a. Such estimates shall be based on the
currently approved transportation impact fee rate schedule. If the
certificate is not picked up within the timeline set forth above and
the applicable estimated transportation impact fees paid, the
application will be deemed denied and the ^nnll^^nt must ~°° ^t°~
the appliGation n~^^°^G from the begiRRiRg. certificate will be
apply for an extension of the capacity reservation in accordance
with section 10.02.07 CAA. If the size of the residential units is not
known at the time of payment, the tTransportation impact fees for
residential development will be estimated using the fee based on
the mid -range housing size,. 61RIeGG the res dent ^' use qualifies-asi
at..s.avve ,.vaa..,g— v.vwee housing — c °omncRCv
traRSPGFtat ^n irRpaGt fees shall te ti -e based OR the '.,e
prev ou6ly vested developments may, pursuant to 68GtiGR
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facilities are non - refundable after payment and receipt of the
certificate of public facility adequacy certificate.
Not later than 45 days prior to the due date of the next to occur
annual installment for certificates issued subsequent to the
effective date of this amendment, or nNot later than 90 days prior
to the expiration of the 3 year period for such certificates issued
prior to the effective date of this amendment, the county shall
notify the GeFtifiGate holder via FegiSteFed then current owner via
certified mail of the amount due calculated in accordance with
section 10.02.07 C.1.a.
tFaRSPGrtat*en iMPaGt fees up to 50 peFGeRt, based eR the level of
due w ii b e ovloYlated at the rate __herd ^le they eMh.
The .developer m eleot to pay the halanne of th
the eFtf'aata plied or e.d'Ay the eFtfiaate to A lesser
fees Gin the Fevised ept'Hements The oert'f'nate of pub! G facility
Fe' ate ha k to the .dal of of the original ert'f'aates
Paid, these estimated fees RFR Ron refundable the
land n peFpetuqty after all estimated transpertat'o p impaGt fen
have been pa .d As building permits are drawn ' own an the
entitlements, the estimatedd trap s pertat'ep impact fees already
dial shall he debited at the rate of the impact fees in cffeot at the
tifno- A f et:s ZEE; ti9R If the estimated transportation impact fee
account becomes depleted, the developer shall pay the currently
applicable transportation impact fee for each building permit in
full prior to its issuance. In the event that upon build -out of the
development estimated transportation impact fees are still
unspent, the remaining balance of such estimated fees may be
transferred to another approved project within the same, or
adjacent, transportation impact fee district, provided any vested
entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the certificate of
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public facility adequacy is modified to delete those entitlements.
2. Rules of general applicability for certificate of public facility adequacy.
Certificates of public adequacy issued for roads under section 10.02.07
C.1. of this Code will remain in effect until the expiration date of the
certificate subsequent to the (effeGtive date of this serAien's arnendment)
will Fun in peFpetuity provided provisions of subsection 10.02.07 CA.e. d.
of this Code are met and that annual mid -year monitoring reports are filed
which comply with section 10.02.07 C.1. of this Code and all developer
requirements established during zoning or as part of a developer
contribution agreement are completed or are being constructed consistent
with the current development infrastructure improvement construction
commitment schedule.
a. Timing. An application for a certificate of public facility adequacy
may only be submitted as part of an application for a final local
development order subject to section 10.02.07 C.1. of this Code.
b. Impact Fees. A complete application for a certificate of public
facility adequacy will include the calculation of the total amount of
transportation impact fees estimated to be due by the applicant
on the development for which a final local development order
application has been submitted. Impact fee calculations will be
reviewed and the amount estimated to be paid pursuant to section
10.02.07 C.1.e d. of this Code finally determined by the impact
fee coordinator. One half (50 , e„«) of the estimated i eR
Payment in accordance with Section C.1.a. will be due at the time
of notification of approval of the final local development order
and will be deposited into the applicable impact fee trust fund and
will be immediately available for appropriation by the Board of
County Commissioners for transportation capital improvements.
Final calculation of impact fees due will be based on the intensity
of development actually permitted for construction and the impact
fee snhed le in P#er;t ;# ♦he t rnp of the a of h - -4d ag
permit(s) rate then currently applicable; such that additional
impact fees may be due prior to issuance of the building
permit(s). The balance of transportation impact fees shall be due
as provided for in section 10.02.07 CA of this Code.
C. Consolidated application. A final local development order 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
only be submitted with an application for final local development
order approval, where appropriate under this section. An
application for a certificate of public facility adequacy will receive
final approval and a certificate will be issued concurrently with
approval of a final local development order as set forth in
section 10.02.07 C.1.e. d. of this Code.
Assignability and transferability. An approved certificate of public
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facility adequacy shall run with the land associated with the
corresponding development approval, and shall be assignable
within the corresponding land of the approved development, and
shall not be assignable or transferable to other development,
except as may otherwise be provided for under an approved
development agreement. This provision does not preclude the
re- allocation of capacity between lots or parcels comprising the
land that is the subject of the same consolidated application for
development approval so long as the original certificate is
surrendered along with a written request by the then current
owner to re- allocate no more than that certificate's previously
approved capacity in a re- issued certificate.
4. Procedure for review of application.
a. Submission of applications and fees. The application for a
certificate of public facility adequacy for road facilities only shall be
submitted in duplicate to the Community Development and
Environmental Services Division Administrator. Such applications
shall be submitted at the filing for the next final local
development order as specifically provided for under section
10.02.07 C.1. All other applications for a certificate (i.e., except for
road facilities) shall be submitted at building permit application
along -wlth and final payment for any impact fees owed, including
any road impact fees.- will be due prior to building permit
issuance. Application fees in an amount to be determined by the
Board of County Commissioners shall accompany and be part of
the applications.
Approval of certificate; payment for, and cancellation of
certificates. Upon notification by facsimile by the Community
Development and Environmental Services Division Administrator
or his designee and the Transportation Services Division
Administrator or his designee, that an application for a certificate
of public facility adequacy for road facilities has been approved,
Rio (60 ^°rce^" ^f the estimated transportation impact fees shall
be paid in accordance with section C.1.a. If the applicant does
not pick up the certificate and pay all applicable transportation
impact fees prior to
TIS pursuant to section 10.02.07 C.4.f., the certificate will be
voided. In such a case, the applicant shall then be required to
apply for issuance of a new rertif rate an extension of the capacity
reservation in accordance with section 10.02.07 C.4.f. All Collier
County impact fees are due and payable at building permit
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issuance based on the applicable rate structure in effect at the
time the building permit application is submitted at that ti e.
Traffic Capacity Reservation for all or part of the proposed
development may be approved and secured at application
pending approval of the final sub - division plat, site development
plan or building permit upon acceptance of the TIS by the
Transportation Administrator as part of a complete Application
Request (AR) deemed sufficient for review for the proposed
development by the CDES Division. The Transportation
Administrator will notify the applicant of any traffic capacity
reservation via facsimile per section 10.02.07 CA.c. Traffic
capacity reservations will be awarded to the development upon:
approval of the COA and final development order per section
10.02.07 CA.e.. payment of road impact fees in accordance with
section 10.02.07 C.1.a. and 10.02.07 CA.e.; and Proportionate
Share Payment, if applicable, in accordance with section 6.02.01.
Traffic capacity reservations approved under this section will
expire in 1 year, from TIS approval and determination of available
capacity, unless the final local development order for the
development is approved, or the Board approves an extension to
the 1 year time period.
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,
schools and roads).
q. Public school facilities. The determination of public facility
adequacy for school facilities shall occur only after the School
District has issued a school capacity availability determination
The necessary facilities and services are under
construction or the contract for such facilities and services
has been awarded, accepted, and duly executed by all
parties, at the time a final site development plan or final
subdivision plat is approved;
Page 184 of 194
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H
iii. The necessary facilities and services are found in the first,
second or third year of the School District of Collier
County's Five -Year Capital Improvement Plan; or
funding as provided for in Policy 2.4 in the Public School
Facilities Element of the Growth Management Plan or to
construct the needed facilities.
SUBSECTION 3.TT. AMENDMENTS TO SECTION 10.02.12 RESERVED
Section 10.02.12 Reserved, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
10.02.12 Reserved Submittal Requirements for Non -PUD Residential Rezones
A. Submittal of School Impact Analysis (SIA) application for residential proiects.
The applicant shall submit a completed SIA application for the School District's
review for a determination of school capacity. Refer to section 10.04.09 for SIA
requirements.
SUBSECTION 3.UU. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT(PUD)PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
A. Application and PUD master plan submission requirements. Applications for
amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of
development along with a list of permitted and accessory uses and a
development standards table. The PUD application shall also include a list of
developer commitments and any proposed deviations from the Land
Development Code. The PUD master plan shall have been designed by an urban
planner who possesses the education and experience to qualify for full
membership in the American Institute of Certified Planners, and /or a landscape
architect who possesses the education and experience to qualify for full
membership in the American Society of Landscape Architects, together with
either a practicing civil engineer licensed by the State of Florida, or a practicing
architect licensed by the State of Florida, and shall be comprised, at a minimum,
Page 185 of 194
Words strueli through are deleted, words underlined are added
of the following elements:
4. Submittal of School Impact Analysis (SIA) application for residential
projects. The applicant shall submit a completed SIA application for the
School District's review for a determination of school capacity. Refer to
section 10.04.09 for SIA requirements.
D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or
"sunsetting" shall be the term used to describe a PUD which has, through a
determination made by the planning services department director, not met the
time frames and development criteria outlined in this section of the Code as
applicable. For all PUDs, the owner entity shall submit to the planning services
department director a status report on the progress of development annually
from the date of the PUD approval by the board of county commissioners. The
purpose of the report will be to evaluate whether or not the project has
commenced in earnest in accordance with the following criteria:
8. PUD time limit extensions. Extensions of the time limits for a PUD may be
approved by the board of county commissioners. An approved PUD may
be extended as follows:
a. Maximum extension: There may be one PUD extension granted
for a maximum of two years from the date of original appreval
sunset.
SUBSECTION 3.VV. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS
FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD
OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of
Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board
B. Notice and public hearing where proposed amendment would change zoning
classification of land and for conditional uses and variances, for planned unit
development (PUD) rezoning extensions, conditional use extensions and for
small -scale or other site - specific comprehensive plan amendments. In the case
of a small -scale or other site - specific comprehensive plan amendment, an
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1 --
application for extension of PUD zoning status or the rezoning of land, to include
re- zonings, conditional uses and variances initiated by other than the Board of
County Commissioners or amendments to planned unit developments, such
provisions shall be enacted or amended pursuant to the following public notice
and hearing requirements by the planning commission and the Board of County
Commissioners as applicable. Small -scale or other site - specific comprehensive
plan amendments, PUD extensions, rezoning, conditional uses, conditional
use extensions and variance petitions initiated by the Board of County
Commissioners or its agencies for county owned land shall be subject to these
provisions.
Applications for a PUD extension and a conditional use extension,
whether initiated by the applicant or the BCC, shall only be heard by the
BCC pursuant to the notice and advertising requirements set forth in
sections 10.03.05 B.10. and 11. of this Code.
2. In the case of PUD extensions pursuant to sections 10.02.13 D.4.,
10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use
extensions, a sign shall be posted at least 15 days prior to the date of the
hearing before the BCC and shall conform to the applicable sign
requirements listed below.
a. The sign advising of the PUD extension or conditional use
extension hearing shall be in substantially the following format:
PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT
(PUD) and /or CONDITIONAL USE EXTENSION
TO PERMIT: (set forth alternatives going to the BCC)
DATE:
TIME:
b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING
ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON
TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES,
FLORIDA, 34112.
Public participation requirements for small -scale or other site - specific
comprehensive plan amendments, rezonings, PUD amendments, conditional
uses, Mixed Use Projects (MUPs), variances and parking exemptions.
2.
subsection 10.03.05 B.10. or 11. Written notice of the meeting shall be
sent to all property owners within 500 feet of the property lines of the land
for which the amendment to zoning is sought. The 500 -foot distance shall
be measured from the boundaries of the entire ownership or PUD. For
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3C
properties located within areas of the future land use element of the
growth management plan that are not designated urban, the foregoing
notice requirements apply, except that written notification must be sent to
all property owners within 1,000 linear feet of the subject property. For the
purposes of this requirement, the names and addresses of property
owners shall be deemed those appearing on the latest tax rolls of Collier
county County. The applicant shall provide written notice of the
Neighborhood Information meeting (NIM) to property owners,
condominium and civic associations whose members may be impacted
by the proposed land use changes and who have formally requested the
county to be notified.
SUBSECTION 3.WW. AMENDMENTS TO SECTION 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR
THE GMP
Section 10.04.00 Review and Action on Applications For Development Orders and Petitions for
Amendments to the Official Zoning Map, the LDC, or the GMP, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT
ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC, OR THE GMP, AND FOR SCHOOL
CONCURRENCY DETERMINATIONS
SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.04.09 REQUEST FOR
CONTINUANCE OF PUBLIC HEARING [RESERVED]
Section 10.04.09 Request for Continuance of Public Hearing [Reserved], of Ordinance 04 -41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.04.09
A. Definitions Applicable to School Concurrence Reviews.
Adjacent Concurrence Service Areas: Concurrence Service Areas which are
contiguous and touch along one side of their outside geographic boundary.
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3C'-IV
Available Capacity: Existing school capacity which is available within a
Concurrence Service Area including any new school capacity that will be in
place or under actual construction, as identified in the first three years of the
School District's Five Year Capital Improvement Plan.
the approval of the plat, site plan or functional equivalent to provide
F. S.
School District of Collier County: The School District created and existing
pursuant to Section 4, Article IX of the State of Florida Constitution.
Type of School: Schools providing the same level of education, i.e. elementary,
middle high school or other combination of grade levels.
B. School Concurrence Established
achieved and maintained.
Service Area (CSA) for each Type of School.
a. The Countv may condition the approval of the application
to ensure that necessary schools are in place, in order to
validate or render effective the approval. This shall not
limit the authority of the County to deny a residential plat,
residential site plan or its functional equivalent, pursuant to
its home rule regulatory powers.
3. Exemptions. The following shall be exempt from the terms of this
subsection:
a. Single family and mobile home lots of record, existing as of
the effective date of school concurrence. October 14,
2008.
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the effective date of school concurrence. October 14,
2008.
C. Any amendment to any previously approved residential
f. Development that has been authorized as a Development
10.04.09 for SIA requirements.
1.
review. The process is as follows:
School District may charge the applicant a non - refundable
application fee payable to the School District to meet the cost of
review.
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1.�f1: A
District County and the applicant then those parties shall enter
into an enforceable and binding agreement with the County and
the applicant.
e The County shall be responsible for notifying the School District
representative when a residential development has received a
revoked and when its school impact fees have been paid.
be performed by the School District.
3. The County shall not issue a building permit for a non - exempt residential
E Proportionate Share Mitigation In the event there is not sufficient school
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N 41
mitigate the impact from the development through the creation of additional
school capacity.
F Mitigation If mitigation is agreed to the School District shall issue a new SCADL
subdivision plat or site plan approval the mitigation measures shall be
If
rejected and why the development is not in compliance with school
SUBSECTION 3.YY. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT
STANDARD PERMIT CONDITIONS
Appendix G, Annual Beach Event Standard Permit Conditions, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st
through October 31 st of each year) are also subject to the following regulations:
A. All required Florida Department of Environmental Protection (FDEP) Field
Permits, shall be obtained and a copy furnished to Collier County prior to
the time of the scheduled event as set forth in section 5. 04.05- 5.04.07.
B. Consistent with section 5, 04.05- 5.04.07. no structure set up, or beach
raking, or mechanical cleaning activity for any particular Beach Event
shall not commence until after monitoring conducted by personnel with
prior experience and training in nest surveys procedures and possessing
a valid Fish and Wildlife Conservation Commission Marine Turtle Permit
has been completed.
C. Prior to all scheduled beach events, every beach event permit holder is
required to rope off (or otherwise identify with a physical barrier) an area
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IRL- N
with no less than a 15 -foot radius around each sea turtle nest that has
been identified and marked on a beach, unless a greater distance is
required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted
under section 5 04 OR 5.04.07.
E. Consistent with section 5 94 96 5.04.07 all materials placed on the beach
for the purpose of conducting permitted Beach Events must be: 1)
removed from the beach by no later than 9:30 p.m. the date of the event;
and 2) no structures may be set, placed, or stored on, or within ten feet
of any beach dune, except that materials may remain in an identified
staging area until 10:00 p.m. The location and size of all staging areas will
be as identified in the annual beach events permit.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
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 Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re- lettered to accomplish such, and the word 'ordinance" may be
changed to "section," "article," or any other appropriate word.
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5
3
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of
State, Tallahassee, Florida; with the exception that the amendments to Section 2.05.01,
as proposed in subsection 3.J of this Ordinance, shall become effective 45 days after
rendition of this Ordinance to the Department of Community Affairs, the Southwest
Florida Regional Planning Council and owner in accordance with Sections 9J -1 -002 and
9J -1 -003 F.A.C.; and with the exception that the amendments to Section 2.01.00, as
proposed in subsection 3.D of this Ordinance, shall become effective upon repeal of
Ordinance No. 08 -64.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 8`h day of June, 2010.
ATTEST:
DWIGHT�E'bROQ,K, CLERK
A�� t Jerk
4 �gM�11P! 611•�'�
Approved as to form and
legal sufficiency:
H idi Ashton- Cicko, Esq.
Section Chief, Land Use/Transportation
04- CMD- 01077/ 1024 - r INAL 6/8/10
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
W.
By:
FRED W. COYLE, CHAIRMAN
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010 -23
Which was adopted by the Board of County Commissioners
on the 8th day of June, 2010, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th
day of June, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of
County Commiss.loners
By: Martha Vergar ,
Deputy Clerk