§ 4.04.02. Access Management

A.

Purpose and intent.

1.

This section pertains to transportation access within mixed-use activity centers as designated on the Future Land Use Map of the GMP. The location and type of access (existing and future) points shall be based upon the Collier County Access Control Policy (Res. No. 01-247) as may be amended, existing and future land use conditions, with the objective to minimize the number of access points to the roadway network. This section restricts the location and type of ingress and egress points and median openings; restricts the location of traffic signals; identifies areas appropriate for shared access and interconnection; and otherwise regulates transportation access , all within mixed-use activity centers. access to all properties is controlled by the access Control Policy (Res. No. 01-247, and as may be amended), the Collier County Construction Standards, for work within rights-of-way (Ordinance No. 93-64 and as may be amended), and any other applicable regulations.

2.

Nothing in this section of the LDC (shall preclude Collier County from enforcing conditions of a right-of-way permit issued pursuant to Ordinance No. 93-64, the Collier County Construction Standards for Work Within rights-of-way , as it may be amended or superceded, e.g. removal of an access point, etc.

3.

Access points, median openings, etc., on state controlled roads are subject to approval by the FDOT.

B.

Regulations.

1.

Future development orders within mixed-use activity centers can only be approved if the access location(s) and type(s) comply with the Collier County Access Control Policy and the Collier County Construction Standards for work within the right-of-way and any other regulations as may be amended.

2.

For the purposes of this section, mixed-use refers to a project with a residential component and one or more of the following components: commercial, industrial, and institutional. Future mixed-use projects are required to provide an internal interconnection among major project phases, sections, or types of uses, unless one or more of the four circumstances listed below is applicable.

a.

It is not physically possible to provide the interconnection.

b.

The location of environmentally sensitive lands precludes the interconnection.

c.

During development or re development of commercial lots , shared access or interconnection shall be encouraged and may be required as a condition of site development plan approval.

d.

The interconnection provides minimal or no benefit, e.g. the non-residential component contains a single low traffic generating use such as a small general office building .

3.

During the development or redevelopment of commercial or residential projects and all rezone petitions shared access and interconnection shall be required. Should the shared access or interconnection require the removal of existing parking spaces, the applicable development will not be required to mitigate for the parking spaces. The County Manager or designee shall require the shared access and interconnection unless in the professional judgment of the County Manager, or designee, one of the following criteria prohibits this requirement.

a.

It is not physically or legally possible to provide the shared access or interconnection.

b.

The cost associated with the shared access or interconnection is unreasonable. For this application unreasonable will be considered when the cost exceeds the cost of a typical local road section or is above ten (10) percent of the value of the improvements being made to the development.

c.

The location of environmentally sensitive lands precludes it and mitigation is not possible.

d.

The abutting use is found to be incompatible with the existing or proposed use.

4.

The County Manager or designee may approve, or impose, a variation in the ingress/egress points and/or median openings shown on the access management plan maps, without necessitating a map amendment (other than information update amendment,, generated by staff), under any of the following circumstances:

a.

Approved ingress/egress unbuilt: For existing PUDs (approved prior to the adoption of this amendment) which contain language providing flexibility in the location or type of access point(s) and/or median opening(s), the County Manager or designee may approve or require the utilization of this flexibility if such change to the access point(s) and/or median opening(s) will cause one or more of the following conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s):

i.

Interconnection of projects

ii.

Shared access

iii.

Alignment of access points on opposite sides of the roadway where there is no restricted median

iv.

Reduce the number of authorized access points on the abutting roadway(s)

v.

Promote safer traffic conditions on the abutting roadway(s)

vi.

Facilitate improved traffic flow on the abutting roadway(s)

vii.

Preservation/conversation of a variable environmentally sensitive area.

b.

A minor change (10% of the parcel frontage ) to the location of a new ingress/egress point(s), and any accompanying median opening(s), may be approved during review of a development order (the same development orders identified in Chapter 10 if such minor change one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s).

c.

Where multiple parcels under single ownership are identified to each have their own access point, and 1 or more parcels are undeveloped, during review of a development order (the same development orders are identified in Chapter 10.), the number, type and location of access points, and any accompanying median openings, authorized by the County Manager or designee may be more restrictive than that identified on the access management plan maps if such change(s) will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s).

d.

For existing access points being monitored (monitoring consists of review and analysis of accident reports, traffic volumes and operating conditions within close proximity to the site), the County Manager or designee may, whether during review of a development order (the same development orders identified in Chapter 10or independent of development order review, approve or required the modification or removal of the access point(s), if such modification or removal is deemed appropriate and necessary based upon monitoring; and if such modification or removal will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s).

e.

During review of a development order (the same development orders identified in Chapter 10) the County Manager or designee may approve or require elimination of the separate entrance and exit points and their replacement with a single ingress/egress point if such change will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s).

(Ord. No. 06-63, § 3.Y)