§ 10.02.03. Requirements for Site Development, Site Improvement Plans and Amendments thereof

A.

Generally.

1.

Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings , architectural design and open spaces ; the configuration of the traffic circulation system, including driveways , traffic calming devices, parking areas and emergency access ; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts on those resources.

2.

Applicability. All development , except as identified in LDC section 10.02.03 A.3, is subject to the provisions of this section.

a.

No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan , site improvement plan, amendment thereof, or pursuant to an approved Early Construction Authorization permit.

b.

No final local development order shall be issued or renewed for any regulated development that would allow development or change in use in violation of the LDC.

c.

All final local development orders issued in violation of the LDC are deemed invalid, and shall not confirm or vest any development right or property interest on the owner/operator or regulated development .

d.

Violation of the terms identified in the approved site development plan, site improvement plan, and amendments thereof shall constitute a violation of the LDC.

3.

Exemptions from Site Development Plans and Site Improvement Plans. While the following land use activities shall be exempt from the provisions of LDC section 10.02.03, they are not exempt from other provisions of the LDC such as, but not limited to, landscaping, tree removal, development standards, and the submission requirements attendant to obtaining temporary use and building permits, unless otherwise stated in subsection 10.02.03 A.3.

a.

Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 ( cluster development ).

b.

Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of LDC subsection 10.02.04 B.2.a.4

c.

Underground construction; utilities, communications and similar underground construction type activities.

d.

Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where an early work authorization has been entered into with the county except where a land alteration permit is required by the LDC.

e.

Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, pursuant to LDC subsection 5.04.03. Model homes and sales centers, except as otherwise provided by LDC section 5.04.04.

f.

Project entryway signs, walls, and gates.

g.

Signage proposed for the project in conformity with LDC section 5.06.00, sign regulations and standards.

h.

Neighborhood parks , subject to the approval of a conceptual site plan depicting, on a 24″ by 36″ sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan , and the applicable review fee shall apply.

i.

Minimum landscape buffering . Under certain circumstances with neighborhood parks , there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 4.06.02. The County Manager or designee will determine, on a case-by-case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the applicant , which must include all reasons that would justify the deviation. The County Manager or designee will use factors including, but not limited to, the following when making a determination for deviation:

(a)

The geographic location of the neighborhood park ;

(b)

The effects that a lack of buffering will have on neighboring uses; and

(c)

The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises.

4.

Agricultural Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standards contained in section 10.02.03 B., standard application requirements as described in section 10.02.03 D., may be waived in part or in full by the County Manager or designee for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 E. addressing the application requirements deemed necessary by the County Manager or designee shall be submitted to the Planning and Zoning Department for review and approval.

5.

School Board ReviewExemption.

a.

School board review ("SBR") application contents. The SBR application submittal will be in accordance with section 10.02.03 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of educational facilities and ancillary plants , as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building.

b.

The expedited site plan for school board review , as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist of the following areas of review:

i.

Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following requirements must be met:

(a)

That portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy.

(b)

All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested.

(c)

Chapters 3 and 10 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply.

(d)

Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities.

(e)

The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps.

(f)

South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval.

ii.

Compatibility review. The County will conduct a compatibility review that will take into account the Architectural and Site Design Standards contained within Section 5.05.08 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, The Utility Billing and Customer Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this compatibility review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in this section 10.02.03(A)(3)(c) of the Code in the event that the County denies the application based on non-compliance with the items listed in this paragraph.

iii.

Landscaping and buffering. . Chapter 4.06.00 of the Code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and ancillary plants . Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this section can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in this Chapter 10 of the code, but the deviation shall be in the format required by Section 5.05.08 of the code.

iv.

Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows:

(a)

On a site by site basis, County Staff will determine the necessity for an environmental impact statement ("EIS") to be submitted.

(b)

The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review.

(c)

Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits.

(d)

A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/ wetlands preserve or protected species preserves.

(e)

The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation.

(f)

An exotic vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and ancillary plant prior to the issuance of a Certificate of Occupancy.

(g)

All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review.

v.

All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements.

vi.

Collier County Stormwater Management Policies as follows:

(a)

A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities .

(b)

SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review.

(c)

Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development .

(d)

If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement (s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded.

(e)

All proposed development activities will be fully in compliance with the Interim Watershed Management regulations of LDC section 3.07.00.

vii.

Public educational plants and ancillary plants are deemed to be essential public services and as such are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis.

viii.

Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms.

ix.

Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows:

(a)

The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the educational plant or ancillary plant . The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the educational plant or ancillary plant . Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division.

(b)

Turn Lanes. The School District will be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to issuance of the first permanent certificate of occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations.

(c)

Sidewalks . As part of the SBR process, the School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks . The School Board shall collect funds through school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks .

(d)

The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an educational plant or ancillary plant , when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of the traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation and Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact.

(e)

All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes.

(f)

All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes.

(g)

The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes.

(h)

Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations.

(i)

In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion.

c.

School board review ("SBR") process. The SBR for School Board projects shall be reviewed under the following expedited process:

i.

The SBR application will be reviewed only as to the criteria set forth in section 10.02.03 A.3.a.

ii.

The SBR application submittal must be in accordance with section 10.02.03 of the Code, but only as to those submittal requirements which are consistent with the review criteria set out in section 10.02.03 A.3.

iii.

The parties will develop a checklist that defines the items to be submitted for a SBR review application.

iv.

Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District within 3 weeks of a request being submitted to the County.

(a)

The County will review the development proposal for compliance with the Letter of Consistency.

(b)

The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code or the interlocal agreement.

v.

At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed educational plant or ancillary plant to the County for SBR approval.

(a)

The County will have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District.

(b)

Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been rendered, the School District may obtain building permits and commence construction.

(c)

Failure by the County to issue a Letter of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal.

vi.

Letter of Compliance. After the expedited review and the County's determination of compliance with the terms of the Code and the interlocal agreement, the County Manager or his designee, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the County Manager or his designee shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the County Manager or his designee as described in the Appeals process below.

vii.

The parties agree that the School District shall not request reviews and that County review is not requested or required for the following:

(a)

The placement of temporary or portable classroom facilities; or

(b)

Proposed renovation or construction on existing school sites, with the exception of construction that:

(i)

changes the primary use of a facility;

(ii)

includes a stadium;

(iii)

results in a greater than 5 percent increase in K-12 student capacity; or

(iv)

encroaches upon the established setbacks as set forth in this Agreement.

viii.

Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities.

ix.

SBR and consistency review Fees. The County will develop a review fee for the processing of the SBR and consistency review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services.

x.

Appeals. In the event that the County denies the application based on non-compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the County Manager or his designee disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board.

(a)

The request for appeal shall be filed in writing with the County Manager or his designee and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal.

(b)

The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the County Manager or his designee, the position of the School District and public testimony. If the BCC upholds the decision of the County Manager or his designee, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the County Manager or his designee, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing.

d.

Consistency review. The following process will be followed with respect to future educational plant and ancillary plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use , or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be reviewed during the aforementioned SBR process.

i.

The consistency review will be conducted as follows:

(a)

Prior to the purchase of a site for an Educational or ancillary plant , the school district will request a pre-application meeting with the County.

(b)

The County will schedule a pre-application meeting with the School District within 3 weeks of a request being submitted to the County.

(c)

The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complimentary pattern of development , landscaping and buffer ing concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility:

(i)

Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property.

(ii)

Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation.

(iii)

Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site.

(iv)

Growth Management. Identification of any Area of Critical State Concern and development of Regional Impact.

(v)

Timing and Impact of development . Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year.

(vi)

Public Facilities and Transportation. The School Board will indicate the proposed existing level of service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and collector roads , drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site.

(vii)

The School Board will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site.

(d)

Within 45 days of the submission of the information outlined in Section 10.02.03 A.3.d. i.(c) of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational consistency review .

(e)

Letter of Consistency. After the County review, the County Manager or his designee, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes.

(f)

After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to 1 year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC.

(g)

After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in section 10.02.03 A.3.c.iv.(6) of the code, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements.

B.

Standards for Site Development and Site Improvement Plans. The County Manager or designee shall review and consider all site development plans and site improvement plans in accordance with the following standards:

1.

Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space , common facilities, conservation/preservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county.

2.

Development compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe, or other emergency.

Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval.

3.

The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development , considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping.

4.

Adequacy of recreational facilities and open spaces considering the size, location, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development , and the relationship to community-wide open spaces and recreation facilities.

5.

Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land uses as well as compatibility with adjacent land uses.

6.

Water management master plan on the property, considering its effect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained shall be corrected according to approved plans within 30 days. The engineer of record, prior to final acceptance, shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system.

7.

Adequacy of utility service, considering hook-in location and availability and capacity for the uses projected.

8.

Signage proposed for the project in conformity with LDC section 5.06.00, and a unified sign permit shall be applied for with the submittal packet for the site development or site improvement plan.

9.

Architectural design of the building for all commercial developments located in any commercial zoning district.

10.

Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs, tables, benches, bars and other serving area features as may be requested. The plan shall clearly indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music/amplified sound will be provided as entertainment and the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location.

a.

The County Manager or designee may require additional landscape buffering beyond LDC requirements, the relocation of the outdoor serving area to another part of the development , the installation of sound attenuation devices, limitations to hours of operation and further restrictions on outdoor entertainment and amplified sound which, in their professional judgment, will help to mitigate the impacts of the outdoor serving area on adjacent residential zoning districts and/or residential uses.

b.

Within 30 days from an applicant's first designation of the use in a site development plan , it shall be within the discretion of the County Manager or designee to deny approval of such site development plan if, in the professional judgment of the County Manager or designee, such use is believed to be not compatible with or has the potential to cause a deleterious effect upon an adjacent residential use.

c.

Notice of such denial shall be promptly mailed to the applicant for the site development plan . The applicant and staff will meet at their earliest convenience to discuss and attempt to resolve the compatibility issues, which can include, but is not limited to, moving the questioned use to another location within the development .

d.

Should the parties be unable to reach a solution, the matter will be promptly referred to the Collier County Planning Commission. At a publicly noticed hearing, the Planning Commission will review the proposed use and make a finding as to: (1) whether the proposed use was intended for this site, and (2) whether such use can be made compatible with the adjacent residential zoning districts and/or uses through the imposition of certain conditions or restrictions, including but not limited to locating the use to another location within the development , additional buffering, sound attenuation devices, limitations on hours of operation, requirement of a vestibule, walls, and relocation of dumpsters.

e.

Should either the County or the applicant be unwilling to abide with the findings and recommendations of the Planning Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearing, to be conducted in the same manner as LDC Section 10.08.00, except that for notice purposes 10 days prior notice by publication will be sufficient.

11.

Such other standards as may be imposed by the LDC, the growth management plan or other applicable regulations for the particular use or activity proposed.

C.

Conceptual site development plan review and approval. At the request of the applicant and subject to the applicable fee set forth in the schedule of fees, the Planning and Zoning Department will complete a conceptual review and issue a written summary of issues of concern and conceptual approval. This conceptual approval shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the requirements of the LDC and may be approved subject to further review, changes and modifications.

D.

Site Development Plan Requirements (SDP). A pre-application meeting shall be conducted by the County Manager or designee prior to the submission of any site development plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant.

1.

Application. The Administrative Code shall establish the process and submittal requirements for a site development plan. A site development plan application shall include, but not be limited to, the following information in order to illustrate compliance with LDC standards and other State, Federal, and local agency requirements.

a.

Zoning designation of the subject and adjacent properties.

b.

Site plan with existing and proposed buildings and structures, including equipment, permanent emergency generators and related fuel storage and screening, dimensions, heights, setbacks, and separations. Parking, open space, preserves, and other applicable land uses shall be identified on the site plan.

c.

Architectural plans.

d.

Environmental Data, as applicable.

e.

Landscape plans.

f.

Streetlight plans.

g.

Transportation system, sidewalks , and pathways , including all ADA information.

h.

Stormwater management plan including all technical specifications and design computations.

i.

Utility information, including existing and proposed facilities.

j.

Trash and recycling information.

k.

Building plans.

l.

Information from the Fire Code, including Fire Hydrant Flow test report, if applicable.

m.

Information from the Standard Building Code, including type of construction, number of stories, total square footage under roof, occupancy/use and fire sprinkler intentions of all proposed structures so that a fire flow may be determined.

n.

Site construction plans, including all technical specifications and design computations.

o.

Any additional relevant information as may be required by the County Manager or designee.

2.

Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida.

3.

The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida.

4.

The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida.

5.

Construction and Completion of Site Development Plan Improvements.

a.

Pre-construction meeting. A pre-construction meeting shall be held prior to construction. All necessary permits and necessary applications requiring county approval and other permitting and construction related items, including but not limited to the items noted below, shall be submitted prior to the pre-construction conference. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre-construction meeting:

i.

Florida Department of Environmental Protection water and sewer facilities construction permit application.

ii.

Excavation permit application.

iii.

A Notice of Intent (NOI) to issue either a Florida Department of Transportation and/or a Collier County right-of-way permit.

iv.

Blasting permit prior to commencement of any blasting operation.

v.

South Florida Water Management District permit, if required, or, Collier County general permit for water management prior to site development plan approval.

vi.

Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits prior to building permit approval.

vii.

Any additional state and federal permits which may be required prior to commencement of construction, addressing the impacts on jurisdictional wetlands and habitat involving protected species.

viii.

All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the development that may be submitted.

ix.

All necessary performance securities required by Collier County ordinances in effect at the time of construction.

x.

The following permits, if applicable require final approval and issuance prior to the County pre-construction meeting:

(a)

Florida Department of Transportation right-of-way Construction Permit.

(b)

Collier County right-of-way permit.

b.

Performance securities for site development plans . In the case of multi-family the developments with individually owned units which are served by subdivision type improvements, i.e. driveways which function as access roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in LDC section 10.02.04 F. Calculations for the amount of the security shall be determined as outlined in LDC section 10.02.04 F. The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site development plan . Upon a satisfactory final inspection of the improvements, which shall be no later than 24 months from approval of the site development plan , the performance security shall be returned to the developer. One year extensions may be granted by the Engineering Services Director.

c.

Completion of site development plans . Upon completion of the infrastructure improvements associated with a site development plan , and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued.

E.

Site Improvement Plan Requirements (SIP).

1.

Criteria for site improvement plan review. A site improvement plan may be reviewed if the development proposal meets all of the following criteria:

a.

The project involves a site which is currently improved with principal structures , parking facilities, water and sewer services, and defined ingress/egress.

b.

The proposed use will not require an expansion of the existing impervious areas to a degree which would require an engineering review or otherwise affect on-site surface water management facilities as may be documented by waiver letters from the South Florida Water Management District or Collier County where applicable.

c.

Written documentation from appropriate agencies acknowledging that water and sewer services are available at the site and are adequate to serve the proposed use.

d.

Public utility ancillary systems in Collier County will be permitted as insubstantial changes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant, wastewater treatment plant or other facility to which the public utility ancillary systems are subordinate, provided that the requirements of Section 5.05.12 are met. More than one (1) ancillary use may be permitted with one (1) application provided that all uses are connected by the same pipeline. The insubstantial change submittal shall include a signed and sealed boundary survey of the property or lease parcel ; a copy of recorded deed or lease agreement; a recent aerial photograph of the project area; a master plan showing all public utility ancillary systems subordinate to the main water treatment plant, wastewater treatment facility, or irrigation quality (IQ) system; and a site plan prepared on a twenty-four inch by thirty-six inch sheet drawn to scale and setting forth the following information:

i.

The project title, utility owner, address and telephone number.

ii.

Legal description, scale, and north arrow.

iii.

Zoning designation of the subject site(s) and adjacent sites and the proposed use of the subject site.

iv.

Location, configuration and dimensions of all building and lot improvements.

v.

Location and dimension of access point(s) to the site.

vi.

Location of existing and proposed landscaping with specifications as to size, quantity and type of vegetation.

vii.

All required and provided setbacks and separations between structures in matrix form.

viii.

Any additional relevant information as may be required by the County Manager or designee.

2.

Application for site improvement plans. A pre-application meeting shall be conducted by the County Manager or designee, prior to the submission of any site improvement plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant .

a.

The Administrative Code shall establish the process and submittal requirements for site improvement plans.

b.

Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida.

c.

The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida.

d.

The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida.

3.

Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the applicant's engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued.

F.

Site plan with deviations for redevelopment projects.

1.

Purpose. A site plan with deviations shall provide a means for a redevelopment project to seek dimensional deviations, excluding height, architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures or site features nonconforming .

2.

Applicability. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan , site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site development plan or site improvement plan shall comply with LDC section 10.02.03. For purposes of this section, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure , or required infrastructure, in whole or in part, where the existing buildings , structures or infrastructure were legally built and installed.

3.

Application. The Administrative Code shall establish the process and submittal requirements for a site plan with deviations for redevelopment projects application.

a.

Requested deviations shall be clearly delineated and justified in the petition. Project enhancements to offset or minimize the deviations shall also be clearly stated.

b.

Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida.

c.

The site construction plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida.

d.

The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida.

e.

The survey shall be signed and sealed by the applicant's professional surveyor and mapper, registered in the State of Florida.

4.

Staff review and recommendation. Based upon evaluation of the factors set forth in LDC section 10.02.03.F.8, County Staff shall prepare a report containing their review findings and a recommendation of approval, approval with conditions, or denial.

5.

Public notice. Public notice of the hearing shall be as required by the LDC section 10.03.06 Q and Chapter 6 of the Administrative Code.

6.

Public hearing. The Hearing Examiner shall hold at least one public quasi-judicial hearing to review the proposed site plan with deviations.

a.

Review. The Hearing Examiner shall hear the petition following receipt of the staff report and application by the Office of the Hearing Examiner. At the public hearing, the Hearing Examiner shall consider the applicant's justification for the requested deviations, the staff report, the standards of approval and any other relevant testimony and evidence.

b.

Decision. The Hearing Examiner shall render a decision to approve, approve with conditions, or deny the requested deviations within 30 days of the public hearing. If approved, or approved with conditions, the decision shall specifically note the deviations and the basis for their approval. A decision by the Hearing Examiner shall be rendered prior to the issuance of the approval letter by the County Manager or designee for the site plan.

7.

Standards for approval. The petition shall be reviewed for consistency with the following standards:

a.

Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district.

b.

The proposed development is consistent with the Growth Management Plan.

c.

The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole.

d.

The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose.

e.

Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved.

f.

Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted.

g.

Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee.

h.

Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards.

i.

The petitioner has provided enhancements to the development .

j.

Approval of the deviation will not have an adverse effect on adjacent properties.

8.

Timeframe. Time limits for site plans will be pursuant to LDC section 10.02.03 H.

G.

Amendments and insubstantial changes. Any proposed change or amendment to a previously approved site development plan shall be subject to review and approval by the County Manager or designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or designee shall determine whether or not it constitutes a substantial change. In the event the County Manager or designee determines the change is substantial, the applicant shall be required to follow the review procedures set forth for a new site development plan .

1.

Site development plan amendments (SDPA). A substantial change, requiring a site development plan amendment, shall be defined as any change which substantially affects existing transportation circulation, parking or building arrangements, drainage, landscaping, buffering, identified preservation/conservation areas and other site development plan considerations.

2.

Site development plan insubstantial changes (SDPI). The County Manager or designee shall evaluate the proposed change in relation to the following criteria; for purposes of this section, the insubstantial change procedure shall be acceptable where the following conditions exist with respect to the proposed change:

a.

There is no South Florida Water Management District permit, or letter of modification, needed for the work and there is no major impact on water management as determined by the Engineering Services Director.

b.

There is no new access proposed from any public street , however minimal right-of-way work may be permitted as determined by the Transportation Planning Director.

c.

There is no addition to existing buildings (air-conditioned space) proposed, however a maximum area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will be permitted.

d.

There is no proposed change in building footprint or relocation of any building on site beyond that needed to accommodate storage areas as described in LDC section 10.02.03 G.2.c, above.

e.

The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the Natural Resource Director.

f.

The change does not result in a need for additional environmental data regarding protected species as determined by the Natural Resources Director.

g.

The change does not include the addition of any accessory structure that generates additional traffic as determined by the Transportation Planning Director, impacts water management as determined by the Engineering Services Director, or contains air-conditioned space.

h.

There are no revisions to the existing landscape plan that would alter or impact the site development plan (as opposed to only the landscape plan) as determined by the landscape architect.

H.

Time limits for review, approval, and construction of site development plans , site improvement plans, and amendments thereof.

1.

Site development plans , site improvement plans, and amendments thereof, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant . If a response is not received within this time, the application for the site development plan , site improvement plan, and amendments thereof will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current LDC.

2.

Approved site development plans , site improvements plans, and amendments thereof shall remain in force for 3 years from the date of approval, as determined by the date of the approval letter. If construction has not commenced within 3 years, the approval term will expire and the approval of the site development plan , site improvement plan, and amendments thereof is of no force or effect. An amendment to the SDP may be applied for and may be granted prior to the original expiration date, so long as the proposed amendment complies with the LDC requirements in force at the time of the SDP amendment submittal. Two-year extensions for the approved site development plan, site improvement plan, and amendments thereof may be granted. A maximum of 2 extensions may be granted before an amendment is required.

3.

Once construction has commenced, the approval term shall be determined as follows. The construction of infrastructure improvements approved under a site development plan , site improvement plan, or amendments thereof shall be completed, and the project engineer's completion certificate provided to the Engineering Services Director, within 30 months of the pre-construction conference, which will be considered the date of commencement of construction. Two-year extensions to complete construction may be granted. A maximum of two extensions may be granted before an amendment is required and the extension is reviewed for LDC compliance. Each request should provide written justification for the extension and shall be submitted to, and approved by the County Manager or designee prior to expiration of the then effective approval term. Thereafter, once the site development plan , site improvement plan, or amendments thereof approval term expires the site development plan , site improvement plan, or amendments thereof is of no force or effect.

I.

Electronic data requirements for sitedevelopment plans, site improvement plans, and amendments thereof. After the final site plan has been approved by the County Manager or designee for compliance with the LDC, as provided in this section, the applicant's professional engineer shall also submit digitally created construction/site plan documents, 1 disk (CDROM) of the master plan file, including, where applicable, easements , water/ wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way —ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information ( parcels , lots , and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions—Lottxt layer.

(Ord. No. 05-17, § 3; Ord. No. 05-27, § 3.UU; Ord. No. 06-07, § 3.T; Ord. No. 06-63, § 3.QQ; Ord. No. 07-67, § 3.S; Ord. No. 08-10, § 3.F; Ord. No. 08-11, § 3.O; Ord. No. 08-63, § 3.II; Ord. No. 09-43, § 3.B; Ord. No. 10-23, § 3.PP; Ord. No. 12-38, § 3.EE; Ord. No. 13-56, § 3.KK; Ord. No. 13-58, § 1.B; Ord. No. 16-27, § 3.V; Ord. No. 18-32, § 3.E)