4.08.01 - Specific Definitions Applicable to the RLSA District

As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meanings ascribed to such terms in section 1.08.00:

A.

Accessory dwelling unit. A dwelling unit that is supplemental and subordinate to a primary dwelling on the same premises, limited to 900 square feet.

B.

Baseline Standards. Baseline Standards are the allowable uses, density, intensity and other land development regulations assigned to land within the RLSA District by the GMP, Collier County Land development Regulations and Collier County Zoning Regulations in effect prior to July 25, 2000, and subject to the further provisions of section 4.08.05

C.

Building Height. Refers to the vertical extent of a building. Building height is measured in Stories.

D.

Building Height to Street Width Ratio. The maximum height of the tallest building divided by the width of the street. The street width is the distance between two building facades.

E.

Civic and Institutional Uses. Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including the arts, education, government and religion.

F.

Compact Rural development (CRD). Compact Rural developments are a form of SRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents.

G.

Context Zones. Areas that establish the use, intensity and diversity within a town, village or hamlet. Context zones specify permitted land uses, FARs, building height, setbacks, and other regulating elements to guide the establishment of the urban to rural continuum.

H.

Designation. Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations.

I.

FSA - Flow way Stewardship Area. Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA District.

J.

Hamlet. Hamlets are a form of SRA and are small rural residential areas with primarily single-family housing and a limited range of convenience-oriented services. Hamlets serve as a more compact alternative to traditional five (5) acre lot rural subdivisions currently allowed in the Baseline Standards.

K.

HSA - Habitat Stewardship Area. Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values.

L.

Incidental Clearing. Clearing of no more than 1% of the area of an SSA, which is conducted to accommodate the ability to convert from one Ag 1 use to another Ag 1 use and which connects existing Ag 1 acres, squares up existing Ag 1 farm fields, or provides access to or from Ag 1 areas.

M.

Landmark building. A prominent civic or institutional building that creates a significant community feature, focal point, or terminating vista.

N.

Land Use - Land Cover Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) (FDOT 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321, 411, 4119, 425, 434, 439, 428); Group 3 (211, 212, 213, 214, 221, 222, 241, 242, 243, 250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and Group 4 (all others).

O.

Land Use Layer (Layer). Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix.

P.

Land Use Matrix (Matrix). The tabulation of the permitted and conditional land uses within the Baseline Standards set forth in Section 4.08.06 B.4., with each Land Use Layer displayed as a single column.

Q.

Listed Species Habitat Indices. One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCFCS, as 310, 321, 411, 425, 428, 434, 617, 6172, 621, 6218, 6219, 624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat.

R.

Natural Resource Index (Index). A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover.

S.

Natural Resource Index Map Series (Index Maps). The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the GMP.

T.

Natural Resource Index Value (Index Value). The sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six (6) characteristics included in the Index.

U.

Neighborhood Edge. A defining Context Zone that includes the least intensity and diversity within the town, village or hamlet. The zone is predominantly single-family residential and recreational uses. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses.

V.

Neighborhood General. A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space.

W.

Neighborhood Goods and Services Zone. Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability.

X.

Open space. Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, flood plains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation.

Y.

Pathway. A defined corridor for the primary use of non-motorized travel.

Z.

Post Secondary Institution Ancillary Uses. Any use or facility owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses.

AA.

Proximity Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve.

BB.

Restoration Potential Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat.

CC.

Restoration Zone. Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA.

DD.

RLSA District. Rural Lands Stewardship Area Zoning Overlay District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line.

EE.

RLSA Overlay Map. The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open.

FF.

RLSA District Regulations. LDC Section 4.08.00

GG.

Soils/Surface Water Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11).

HH.

Special Districts. An area dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone.

II.

SRA - Stewardship Receiving Area. A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits.

JJ.

SSA - Stewardship Sending Area. A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers.

KK.

Stewardship Credit (Credit). A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in Section 4.08.06 B.

LL.

Stewardship Credit Database. A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County.

MM.

Stewardship Credit System. A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs.

NN.

Stewardship Credit Worksheet. An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components. The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes.

OO.

Stewardship Overlay Designation. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where Land Use Layers 1 through 3 are removed, Restoration Zone. Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations.

PP.

Story. That portion of a building included between a floor which is calculated as part of the building's habitable floor area and the floor or roof next above it.

QQ.

Story, half. The designation of a space on the upper level of a building in which the walls at the eaves are zero to four feet.

RR.

Town. Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns are comprised of several Villages and/or neighborhoods that have individual identity and character.

SS.

Town Center. A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods.

TT.

Town Core. A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally.

UU.

Village. Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities.

VV.

Village center. A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, and residential uses.

WW.

WRA - Water Retention Area. Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the SFWMD to function as agricultural water retention areas and that provide surface water quality and other natural resource value.

(Ord. No. 05-27, § 3.X)

4.08.02 - Establishment of RLSA Zoning Overlay District

In order to implement the RLSA District Regulations, an RLSA District, to be designated as "RLSAO" on the official zoning atlas, is hereby established.

A.

The lands included in the RLSA District and to which the RLSA District Regulations apply are depicted by the following map:

B.

Within the RLSA District, additional lands may be designated to implement the stewardship credit system as follows:

1.

Establishment of SSA designations. An RLSA District classification to be known as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-SSA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the board of county commissioners (BCC) as SSAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations.

2.

Establishment of SRA designations. An RLSA District classification to be known as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-SRA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the BCC as SRAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations.

4.08.03 - Establishment of land uses allowed in the RLSA District.

Land uses allowed within the RLSA District are of two types: those allowed in the baseline standards prior to designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after designation. The underlying land uses allowed within the RLSA District are included in the baseline standards. Upon designation of SSAs and SRAs pursuant to the RLSA District Regulations, the land uses allowed shall be as provided in sections 4.08.06 and 4.08.07, respectively.

4.08.04 - Implementation of Stewardship Credits

A.

Establishment of a Stewardship Credit Database. As part of the initial implementation of the RLSA Overlay, the County Manager or designee shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an electronic form that can be linked to the RLSA Overlay Map and can readily produce reports that will afford convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA Designation Application and Credit Agreement.

B.

Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing herein shall preclude the County from permanently "retiring" those credits received or held.

C.

Density. Except as provided in herein, there shall be no change to the underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the Baseline Standards, until a property owner elects to utilize the provisions of the Stewardship Credit System pursuant to the provisions of Section 4.08.04. No part of the Stewardship Credit System shall be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA District Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay for the voluntary stewardship and protection of important agricultural and natural resources. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits.

D.

Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any lands within the RLSA District from which one or more Land Use Layers are removed. These lands will be identified as SSAs. All privately owned lands within the RLSA District are candidates for designation as an SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as outlined herein. A Stewardship Agreement shall be developed that identifies those land uses, which have been removed. Once land is designated as an SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses that are not expressly identified in the Stewardship Agreement shall be allowed on such property.

E.

Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth in Section 4.08.07 A.1. and that have been designated as SRAs. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter differ from the Baseline Standards.

F.

Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or more SSAs.

G.

Five Year Comprehensive Review.

1.

Many of the tools, techniques, and strategies of the RLSA Overlay are new, innovative, and incentive-based and have yet to be tested in actual implementation. Consequently, by June 2008 and at such subsequent times as deemed appropriate by the BCC, the County shall prepare and submit to DCA for review a comprehensive analysis of the RLSA Overlay to assess the participation and effectiveness of the RLSA Overlay implementation in meeting the Goals, Objectives, and Policies of the RLSA Overlay by utilizing the measures of review delineated in Policy 1.22. The County shall encourage public participation in the review process through publicly noticed workshops and meetings and through the solicitation of public input.

2.

Subsequent to the June 2008 review, the RLSA Overlay and RLSA District Regulations may be amended in response to the County's assessment and evaluation of the participation in and effectiveness of the Stewardship Credit System.

3.

The value, exchange rate, and use of Stewardship Credits shall be governed by the RLSA Overlay and RLSA District Regulations in effect at the time the SSA from which those credits are generated is approved. The Restoration Stewardship Credits shall be governed by the RLSA Overlay and RLSA District Regulations in effect at the time that such Restoration Stewardship Credits are authorized by the BCC.

4.08.05 - Baseline Standards

All lands within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards.

A.

Purpose and intent. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits, except as to those agricultural uses subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quantity, maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development rights related to these standards.

B.

Applicability of code. Except as otherwise specifically provided in this section 4.05.00, those provisions of this Code in effect as of July 25, 2000, shall apply to all land within the RLSA District unless or until such lands become subject to the transfer or receipt of Stewardship Credits.

C.

Private lands delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or WRA on the RLSA overlay map have been identified through data and analysis as having a higher quality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely candidates for designation because of the higher credit values applied to lands with those delineations.

D.

Private lands delineated as open. Lands not otherwise classified as FSA, HSA, or WRA are delineated as "open" on the RLSA overlay map and are generally of a lower natural resource quality. Open lands may be designated as either SSAs or SRAs.

E.

Area of critical state concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA overlay map and are eligible for designation as SRAs, subject to additional standards set forth in subsection 4.08.07 A.2. All ACSC regulations continue to apply to ACSC lands within the RLSA District regardless of designation.

F.

Public or private conservation lands. Those lands within the RLSA District that are held in public ownership or in private ownership as conservation lands may be delineated on the RLSA overlay map as FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA.

G.

No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan.

H.

Allowable uses. The permitted, accessory, and conditional uses allowed shall be those set forth in section 2.03.00 in effect as of July 25, 2000, with the following exceptions:

1.

Residential Uses, General conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1—4) as listed in the Matrix at section 4.08.00 shall be eliminated in all FSAs, as provided in section 4.08.00

2.

Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less, as provided in section 4.08.00

3.

Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs and HSAs in order to minimize impacts to native habitats, when 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., 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 62-30.005(2)(a) 1 through 12, F.A.C.

4.

Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs.

I.

Standards applicable inside the ACSC. RLSA District lands within the ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non-agricultural clearing.

J.

Standards applicable outside the ACSC. Except to the extent superceded by L. or M. below, the following standards shall apply to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.14 (6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits:

1.

A wildlife survey, as set forth in Chapter 10, shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site.

2.

If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be given to preserving the habitat of such listed species a minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for incidental purposes.

3.

If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County.

a.

The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of development:

i.

Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities.

ii.

Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors.

iii.

Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors.

b.

The wildlife habitat management plan shall also incorporate the following:

i.

A description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable;

ii.

Identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white-tailed deer, consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC; and

iii.

If the development will be larger than 10 acres, a monitoring program.

c.

The following references shall be used, as appropriate, to prepare the wildlife habitat management plan:

i.

South Florida Multi-Species Recovery Plan, USFWS, 1999.

ii.

Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987.

iii.

Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987.

iv.

Ecology and development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991.

v.

Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993.

d.

The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species:

i.

Gopher tortoise. For parcels containing gopher tortoises (Gopherus polyphemus), 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 tortoise preserves.

ii.

Florida scrub jay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the USFWS South Florida Multi-Species Recovery Plan, May 1999.

iii.

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 nest season. These requirements shall be consistent with the USFWS South Florida Multi-Species Recover Plan, May 1999.

iv.

Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides 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 cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the USFWS South Florida Multi-Species Recovery Plan, May 1999.

v.

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-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 plan.

vi.

Panther. For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis 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).

4.

On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the RLSA Overlay of the GMP, consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case-by-case basis may change the requirements contained herein and any such change shall be deemed consistent with this Code.

K.

Golf course standards. Except as otherwise required by L. or M. below, all golf courses within the RLSA District that are not within an SRA shall be subject to the following requirements:

1.

Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria:

a.

In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995.

b.

To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices:

i.

The use of slow release nitrogen sources;

ii.

The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications;

iii.

The use of an integrated pest management program using both biological and chemical agents to control various pests;

iv.

The coordination of pesticide applications with the timing and application of irrigation water; and

v.

The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality.

2.

To ensure water conservation, golf courses shall incorporate the following in their design and operation:

a.

Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates.

b.

As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies;

c.

Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species.

3.

Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre-to-acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements.

L.

Standards applicable in FSAs, HSAs, and WRAs that are outside of the ACSC. The provisions of Chapters 3, 4, and 10 in effect as of July 25, 2000, shall apply to FSAs, HSAs, and WRAs outside of the ACSC, with the following exceptions:

1.

Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area.

2.

Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area.

3.

Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures.

4.

Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited.

M.

Standards applicable to wetlands outside of FSAs, HSAs, WRAs, and the ACSC. Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria:

1.

The vegetative preservation requirement set forth in J.2. above shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or greater. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unified Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65.

2.

Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site.

3.

Wetland flowway functions through the project shall be maintained.

4.

Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or off-site and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 2001.

5.

All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in section 4.06.04 of this Code.

6.

Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element.

7.

Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a berm, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards:

a.

The buffer shall be measured landward from the approved jurisdictional line.

b.

The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted.

c.

The buffer shall be maintained free of Category I Exotics.

d.

The following land uses are considered to be compatible with wetland functions and are allowed within the buffer:

i.

Passive recreational areas, boardwalks and recreational shelters;

ii.

Pervious nature trails;

iii.

Water management structures;

iv.

Mitigation areas;

v.

Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses.

8.

Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands.

a.

Priority shall be given to mitigation within FSAs and HSAs.

b.

Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland.

c.

Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plant Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities.

9.

Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs 8.a. through 8.c. above, as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 8 above, the County shall require mitigation exceeding that of the jurisdictional agencies.

10.

Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d. above.

(Ord. No. 05-27, § 3.Y)

4.08.06 - SSA Designation

Lands within the RLSA District may be designated as SSAs subject to the following regulations:

A.

Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC.

1.

May be within an SRA Boundary. A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of section 4.08.06 A.4.b. shall apply.

2.

FSA Delineated Lands.

a.

In the case where lands delineated as FSA are designated as an SSA, at a minimum, Residential uses, General conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Land Use Matrix shall be eliminated as permitted land uses.

b.

Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less.

c.

Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on June 16, 2005, regardless of whether the activity occurs within the Big Cypress Swamp 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 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, FAC. 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 protect from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 through 12, FAC. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 14, 2005, regardless of whether the FSA in which oil and gas exploration and oil and gas field development and production activities is within the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C. For those areas of Collier County outside the boundary of 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. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities.

d.

The elimination of the Earth Mining layer (Layer 3) shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA.

e.

Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in f. below.

f.

Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the event said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided.

3.

HSA Delineated Lands.

a.

In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated.

b.

General conditional uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less.

c.

In addition to the requirements imposed in the LDC for approval of a conditional use, uses listed in b. above will only be approved upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following:

(1)

Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel.

(2)

Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas.

(3)

Buffering to Conservation Land shall comply with Section 4.08.07 J.6.10.

(4)

Stormwater Management design shall base water control elevations on seasonal high water elevations of adjacent wetlands to protect wetland hydroperiods in accord with the SFWMD Basis of Review.

(5)

The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal direct impact take permit is required for the use.

(6)

Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best management practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact aquifers.

d.

As an alternative to the submittal of an EIS, the applicant may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program.

e.

Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less.

f.

Asphaltic and concrete batch making plants are prohibited in all HSAs.

g.

Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in HSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on June 16, 2005, regardless of whether the activity occurs within the Big Cypress Swamp 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, FAC. 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, FAC. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities.

h.

Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13, 2003.

i.

Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in j. below.

j.

Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the event said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided.

4.

WRA Delineated Lands.

a.

In the case where lands delineated as WRA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated as permitted land uses.

b.

During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the RLSA District that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough.

5.

Restoration Zone Delineated Lands. To further direct other uses away from and to provide additional incentive for the protection, enhancement, and restoration of the Okaloacoochee Slough and Camp Keais Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use Layers 1 through 3 are eliminated as permitted uses, such Restoration Zone shall receive a Stewardship Overlay Designation value of 0.6.

B.

SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated.

1.

Early Entry bonus credits. Early Entry bonus credits are hereby established to encourage the voluntary designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as an SSA that is within an HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as an SSA that is within an HSA located inside the ACSC.

a.

The early entry bonus shall be available until January 30, 2009.

b.

The early designation of SSAs and the resultant generation of Stewardship Credits do not require the establishment of SRAs or otherwise require the early use of Credits.

c.

Credits generated under the early entry bonus may be used after the termination of the bonus period.

d.

The maximum number of Credits that can be generated under the early entry bonus is 27,000.

e.

Early Entry bonus credits shall not be transferred into or otherwise used to entitle an SRA within the ACSC.

2.

The Stewardship Credit Worksheet, adopted as Attachment "A" of the GMP RLSA Goals, Objectives, and Policies, sets out the mathematical formula that shall be used to determine the number of credits available for each acre of land being considered for an SSA.

3.

Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet.

a.

Natural Resource Indices.

Stewardship Overlay Designation

Proximity Indices

Listed Species Habitat Indices

Soils/Surface Water Indices

Restoration Potential Indices

Land Use - Land Cover Indices

b.

Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index. The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time.

c.

Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not otherwise included in an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is designated as an SSA and retains only agricultural, recreational and/or conservation layers of land use.

d.

Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the time of designation, the Natural Resource Index Assessment required in Section 4.08.06 C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to alteration of the land prior to the designation of an SSA that either increases or decreases any Index Value shall result in a corresponding adjustment in the credit value.

e.

Restoration Potential Index Value. If the applicant asserts that the land being designated as an SSA has a Restoration Potential Index Value of greater than zero (0), an evaluation of the restoration potential of the land being designated shall be prepared by a qualified environmental consultant (per Chapter 10 of the LDC) on behalf of the applicant and submitted as part of the SSA Designation Application Package. In the event that restoration potential is identified, the appropriate Restoration Potential Index Value shall be determined in accord with the Credit Worksheet. The credit value of each acre to which the Restoration Potential Index Value is applied shall be recalculated by adding the Restoration Potential Index Value to that acre's total Index Value.

f.

Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise impeded by past activities or where additional land is needed to enhance wildlife corridors. Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations:

(1)

Priority has been given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Therefore, four (4) additional Stewardship Credits shall be generated for each acre of land dedicated by the applicant for restoration activities within any of the following areas: the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand.

(2)

Two (2) additional Stewardship Credits shall be generated for each acre of land dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee Slough.

(3)

The actual implementation of restoration improvements is not required for the owner to receive such credits referenced in (1) and (2) above.

(4)

Lands designated "Restoration" shall be restricted to Agriculture - Group 2 and conservation uses and all natural areas shall be maintained in their existing natural condition until such time as restoration activities occur. Upon completion of restoration, the land shall be managed in accordance with the applicable restoration permit conditions, which may impose further restriction on the allowed use of the property.

(5)

If the applicant agrees to complete the restoration improvements and the eligibility criteria below are satisfied, four (4) additional Stewardship Credits shall be authorized at the time of SSA designation, but shall not become available for transfer until such time as it has been demonstrated that the restoration activities have met applicable success criteria as determined by the permitting or commenting agency authorizing said restoration. One or more of the following eligibility criteria shall be used in evaluating an applicant's request for these additional Restoration Stewardship Credits:

(a)

FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be functional enhancement of the flow way or wildlife corridor;

(b)

FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor;

(c)

Documentation of state or federal listed species utilizing the land or a contiguous parcel;

(d)

Lands that could be restored and managed to provide habitats for specific listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red-cockaded woodpecker, etc.), or;

(e)

Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g., wood storks).

4.

Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below.

a.

Land Use Layers.

1 - Residential Land Uses

2 - General conditional uses

3 - Earth Mining and Processing Uses

4 - Recreational Uses

5 - Agriculture - Group 1

6 - Agriculture - Support Uses

7 - Agriculture - Group 2

8 - Conservation, Restoration and Natural Resources

b.

Land Use Matrix

Uses as listed in LDC- Rural Agricultural District

(P) principal use,
(a) accessory use,
(CU) conditional use

5.

Matrix Calculation. The maximum number of credits generated through designation as an SSA is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of its natural resources. As Land Use Layers are removed, the sum of the percentages of those Layers removed is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA.

C.

SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following:

1.

SSA Designation Application. A landowner or his/her agent, hereafter "applicant," shall submit a request for the designation of SSA for lands within the RLSA District to the County Manager or his designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section.

2.

Application Fee. An application fee shall accompany the application.

3.

Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA Designation Application a report entitled Natural Resource Index Assessment that documents the Natural Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of Credits being generated. The Assessment shall:

a.

Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as verified by field inspections.

b.

if this Assessment establishes that the Index Value scores assigned during the RLSA Study are no longer valid, document the Index Value of the land as of the date of the SSA Designation Application.

c.

Establish the suggested "Restoration Potential" Index Value for any acres as appropriate and provide evidence/documentation supporting the suggested Index Value;

d.

Quantify the acreage of agricultural lands, by type, being preserved;

e.

Quantify the acreage of non-agricultural acreage, by type, being preserved;

f.

Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and

g.

Quantify all lands, by type, being designated as SSA within the ACSC, if any.

4.

Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated:

a.

Legal description, including sketch or survey;

b.

Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA;

c.

RLSA Overlay Map delineating the area of the RLSA District being designated as an SSA;

d.

Aerial photograph(s) having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable, delineating the area being designated as an SSA;

e.

Natural Resource Index Map of area being designated as an SSA;

f.

FDOT Florida Land Use Cover and Forms Classification System (FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable;

g.

Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an SSA;

h.

United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA;

i.

Documentation to support a change in the related Natural Resource Index Value(s), if appropriate; and

j.

Calculations that quantify the number of acres by Index Values, the level of conservation being offered, and the resulting number of credits being generated.

5.

SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following:

a.

The number of acres, and a legal description of all lands subject to the SSA Credit Agreement;

b.

A map or plan (drawn at a scale of 1"= 500') of the land subject to the agreement which depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated;

c.

A narrative description of all land uses, including conditional uses, if any, that shall be removed from the land upon approval of the SSA Credit Agreement;

d.

Calculations that support the total number of SSA credits that result from the Natural Resource Index Assessment;

e.

A copy of the Stewardship easement, (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement;

f.

Land management measures;

g.

Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density or any additional uses beyond those specified in the SSA Credit Agreement on the land;

h.

Provisions requiring that, upon designation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter grant or approve any expansion or conversion of agricultural land uses in violation of sections 4.08.06 A.2 and A.3.;

i.

Provisions regarding and ensuring the enforceability of the SSA Credit Agreement; and

j.

If applicable, the number of credits to be granted for restoration (Restoration Credits), together with the following information:

(1)

A legal description of lands to be designated for restoration;

(2)

A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the applicant makes no commitment to undertake restoration, identified as Restoration I ("R I"); and the lands dedicated for restoration and for which the applicant has committed to carry out the restoration identified as Restoration II ("R II");

(3)

The number of Restoration Credits to be granted for the lands designated R I and R II;

(4)

A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary restoration efforts required to reestablish original conditions; enhance the functionality of wetlands or wildlife habitat; or remove exotics so as to enhance the continued viability of native vegetation and wetlands; and

(5)

When the restoration is to be undertaken by the applicant, a Restoration Plan that addresses, at a minimum, the following elements:

(a)

Restoration goals or species potentially affected;

(b)

Description of the work to be performed;

(c)

Identification of the entity responsible for performing the work;

(d)

Work Schedule;

(e)

Success Criteria; and

(f)

Annual management, maintenance and monitoring.

6.

Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote.

7.

Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments:

a.

The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land;

b.

The Stewardship easement Agreement on the SSA lands, describing the land uses remaining on the land;

c.

A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 4.08.06 C.5.

8.

Stewardship easement Agreement or Deed. The applicant shall prepare and submit a Stewardship easement Agreement in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency."

a.

The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the following: Florida DEP, Florida Department of Agriculture and Consumer Services, SFWMD, or a recognized land trust.

b.

The Stewardship easement Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures.

c.

In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Stewardship easement Agreement.

D.

SSA Application Review Process.

1.

Pre-application Conference with County Staff. Prior to the submission of a formal application for SSA designation, the applicant shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application is to be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as:

a.

Conformity of the proposed SSA with the goals, objectives, and policies of the GMP;

b.

Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the property;

c.

Identification of the recognized entity to be named in the covenant or perpetual restrictive easement, and;

d.

Identification of the proposed land management measures that will be undertaken and the party responsible for such measures.

2.

Application Package Submittal and Processing Fees. The required number of copies of each SSA Application and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.08.06 C.

3.

Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the County Manager or his designee shall advise the applicant in writing that the application is complete and sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the County Manager or his designee shall advise the applicant in writing that the application is complete, or, if additional or revised information is required, the County manager shall again inform the applicant what information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review.

4.

Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the County Manager or his designee will distribute it to specific County staff for their review.

5.

Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to resolve outstanding issues and confirm public hearing dates.

6.

Designation Report. Within ninety (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon written agreement by the applicant.

E.

SSA Application Approval Process.

1.

Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the meeting and be heard with respect to the proposed resolution. The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application. If it finds that one or more of the requirements for designation have not been met, it shall either deny the application or approve it with conditions mandating compliance with all unmet requirements. Approval of such resolution shall require a majority vote by the BCC.

2.

Legal Description. Following the BCC's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within thirty (30) days by the applicant in the public records.

3.

Update the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning Atlas shall be updated to reflect the designation of the SSA. Sufficient information shall be included on the updated zoning maps so as to direct interested parties to the appropriate public records associated with the designation, including but not limited to Resolution number and SSA Designation Application number. The RLSA Overlay Map shall be updated to reflect the SSA designation during a regular growth management cycle no later that twelve months from the effective date of the SSA Agreement.

F.

SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall Land Use Layers, once removed as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership.

(Ord. No. 05-27, § 3.Z)

4.08.07 - SRA Designation

SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.07 D.11. Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel of land.

A.

Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements.

1.

Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay.

a.

An SRA must contain sufficient suitable land to accommodate the planned development.

b.

Residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2.

c.

Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel.

d.

Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state.

e.

Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Gross acreage includes only that area of development within the SRA that requires the consumption of Stewardship Credits.

f.

As an incentive to encourage open space, open space on lands within an SRA located outside of the ACSC that exceeds the required thirty-five percent retained open space shall not be required to consume Stewardship Credits.

g.

An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 4.08.07 J.6. An SRA may be contiguous to, or encompass a WRA.

h.

The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards.

2.

SRAs Within the ACSC. SRAs are permitted within the ACSC subject to limitations on the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry bonus credits can be used to entitle an SRA within the ACSC.

a.

The only forms of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only forms of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, two SRAs, consisting of any combination of Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of the RLSA Overlay, had been predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing Uses (Layer 3).

b.

The Town form of an SRA shall not be located within the ACSC.

B.

Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.07 B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards.

1.

Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein.

a.

Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits can be used to entitle an SRA within the ACSC.

b.

Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and standards set forth herein.

c.

Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted.

d.

Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section.

e.

Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 4.08.04 B., and transferred to an SRA subject to the limitations contained in this Section.

2.

Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre. Lands within an SRA greater than one acre, with Index Values of greater than 1.2, shall be retained as open space and maintained in a predominantly natural, vegetated state. Any such lands within an SRA located outside of the ACSC exceeding the required thirty-five (35) percent shall not be required to consume Stewardship Credits.

3.

Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be required to consume Stewardship Credits and shall not count toward the maximum acreage limits of an SRA. For the purpose of this Section, public benefit uses are limited to public schools (preK-12) and public or private post secondary institutions, Post Secondary Institution Ancillary Uses, community parks exceeding the minimum requirement of 200 square feet per dwelling unit, municipal golf courses, regional parks, and governmental facilities excluding essential services as defined in the LDC.

4.

Mixed Land Use Entitlements. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of an SRA and the RLSA District. SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses.

C.

Forms of SRA developments. SRA developments are a compact form of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in § 163.3177 (11), F.S. and Rule 9J-5.006(5)(l), F.A.C. These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and, providing for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural development in SRAs are permitted within the RLSA District.

1.

Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.07 J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC.

2.

Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.07 J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.07 A.2.

3.

Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.07 J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.07 A.2.

4.

Compact Rural developments (CRDs). Compact Rural development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 4.08.07 J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 4.08.07 C.2. or 3.

a.

Size of CRDs limited. There shall be no more than five (5) CRDs of more than 100 acres in size.

b.

CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.07 A.2.

5.

Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres or less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5) of any combination of Hamlets and CRDs of 100 acres or less may approved for each subsequent Village or Town approved.

6.

SRAs as Part of a development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of § 380.06, F.S. and the RLSA District Regulations.

a.

An SRA Designation Application may be submitted simultaneously with a Preliminary development agreement application that occurs prior to a DRI Application for development Approval (ADA). In such an application, the form of SRA development shall be determined by the characteristics of the DRI project, as described in the ADA.

b.

The DRI may encompass more than a single SRA Designation Application. It is the intent of this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing schedule.

c.

A DRI applicant is required to demonstrate that:

(1)

The applicant has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA Designation Applications, or

(2)

The applicant owns or has a contract with an owner of enough land that would qualify as SSAs to entitle the DRI as part of subsequent SRA Designation Applications, or has the ability to obtain the necessary Stewardship Credits to entitle the entire DRI as part of subsequent SRA Designation Applications.

D.

SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the following:

1.

SRA Designation Application. An application shall be submitted by a landowner or his/her agent, hereafter "applicant," to request the designation of an SRA within the LSA District. The Application shall be submitted to the County manager or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section.

2.

Application Fee. An application fee shall accompany the application.

3.

Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall:

a.

Identify all lands within the proposed SRA that have an Index Value greater than 1.2;

b.

Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections.

c.

If the Index Value scores assigned during the RLSA Study are no longer valid, document the current Index Value of the land.

d.

Quantify the acreage of agricultural lands, by type, being converted;

e.

Quantify the acreage of non-agricultural acreage, by type, being converted;

f.

Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1.2;

g.

Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and

h.

Demonstrate compliance with the Suitability Criteria contained in Section 4.08.07 A.1.

4.

Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include:

a.

Legal Description, including sketch or survey;

b.

Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation;

c.

RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA;

d.

Aerial photograph delineating the area being designated as an SRA;

e.

Natural Resource Index Map of area being designated as an SRA;

f.

FLUCFCS map(s) delineating the area being designated as an SRA;

g.

Listed species map(s) delineating the area being designated as an SRA;

h.

Soils map(s) delineating the area being designated as an SRA, and;

i.

Documentation to support a change in the related Natural Resource Index Value(s), if appropriate.

5.

SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 4.08.07 G.

6.

SRA Development Document. A Development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Development Document shall be consistent with the requirements of Section 4.08.07 H.

7.

SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.08.07 K.

8.

SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4.08.07 L.

9.

Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation Application shall be submitted as part of an SRA Designation Application in order to track the transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation Application shall be in a form provided by the County Manager, or his designee. The application package shall contain the following:

a.

The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are being transferred;

b.

Total number of acres within the proposed SRA and the total number of acres of the proposed SRA within the ACSC (if any);

c.

Number of acres within the SRA designated "public use" that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits);

d.

Number of acres of "excess" open spaces within the SRA that do not require the consumption of credits;

e.

Number of acres of WRAs inside the SRA boundary but not included in the SRA designation;

f.

Number of acres within the SRA that consume Credits ;

g.

The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that the applicant has acquired or has a contractual right to acquire those Stewardship Credits;

h.

Number of acres to which credits are to be transferred (consumed) multiplied by eight (8) Credits / acre equals the number of Credits to be transferred (consumed);

i.

A descriptive reference to one (1) or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Copies of the reference documents, e.g., SSA Stewardship Credit Agreement, etc., shall be provided, including:

(1)

SSA application number;

(2)

Pending companion SRA application number;

(3)

SSA Designation Resolution (or Resolution Number);

(4)

SSA Credit Agreement (Stewardship Agreement);

(5)

Stewardship Credits Database Report.

j.

A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained; and

k.

A summary table in a form provided by Collier County that identifies the exchange of all Stewardship Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being obtained.

10.

Conditional SRA Designation. If at the time of the approval of the SRA Designation Application, the applicant has not acquired the number of credits needed to entitle the SRA, then the SRA Designation approval shall be conditional. The applicant shall have sixty (60) days from the date of the conditional approval to provide documentation of the acquisition of the required number of Stewardship Credits. If the applicant does not provide such documentation within sixty (60) days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit Use and Reconciliation Application shall be amended to accurately reflect the transfer of credits that occurred following the conditional approval of the SRA.

11.

SRA Credit Agreement.

a.

Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County.

b.

The SRA Credit Agreement shall contain the following information:

(1)

The number of SSA credits the applicant for an SRA designation is utilizing and which shall be applied to the SRA land in order to carry out the plan of development on the acreage proposed in the SRA development Documents.

(2)

A legal description of the SRA land and the number of acres;

(3)

The SRA master plan depicting the land uses and identifying the number of residential dwelling units, gross leaseable area of retail and office square footage and other land uses depicted on the master plan;

(4)

A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits;

(5)

The applicant's acknowledgement that development of SRA land may not commence until the applicant has recorded an SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and

(6)

The applicant's commitments, if any, regarding conservation, or any other restriction on development on any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special treatment.

c.

The SRA Credit Agreement shall be effective on the latest of the following dates:

(1)

The date that the County approves the SRA Application;

(2)

The date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or

(3)

Five (5) working days after the date on which the applicant submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to that date.

d.

Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement Memorandum, which shall include the following:

(1)

A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and

(2)

a legal description of the SRA lands.

e.

If the development provided for within an SRA constitutes, or will constitute, a development of regional impact ("DRI") pursuant to § 380.06 and 380.0651, F.S., and if the applicant has obtained a preliminary development agreement ("PDA") from the Florida Department of Community Affairs for a portion of the SRA land, the applicant may request the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized development. Commencement of the PDA authorized development may not proceed until the applicant has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum.

E.

SRA Application Review Process.

1.

Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as:

a.

Conformity of the proposed SRA with the goals, objectives, and policies of the GMP;

b.

Consideration of suitability criteria described in Section 4.08.07 A.1. and other standards of this Section;

c.

SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands;

d.

Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses, and;

e.

Consideration of impacts, including environmental and public infrastructure impacts.

2.

Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.08.07 D.

3.

Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the County manager or his designee shall notify the applicant in writing that the application is deemed sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within twenty (20) days of receipt of the additional information, the County Manager or his designee shall notify the applicant in writing that the application is deemed sufficient, or, what additional or revised information is required. If necessary, the County Manager shall again inform the applicant in writing of information needed, and the timeframe outlined herein shall occur until the application is found sufficient for review.

4.

Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the County Manager or his designee will distribute it to specific County review staff.

5.

Staff Review. Within sixty (60) days of receipt of a sufficient application, County staff shall review the submittal documents and provide comments, questions, and clarification items to the applicant. If deemed necessary by County staff or the applicant, a meeting shall be held to address outstanding issues and confirm public hearing dates.

6.

Staff Report. Within ninety (90) days from the receipt of a sufficient application, County staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon agreement of County staff and the applicant.

F.

SRA Application Approval Process.

1.

Public Hearings Required. The BCC shall review the staff report and recommendations and the recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or approve with conditions the SRA Application only after advertised public notices have been provided and public hearings held in accordance with the following provisions:

a.

Public Hearing Before the EAC, Recommendation to the BCC. The EAC shall hold one (1) public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land designated as Conservation, FSA, or HSA.

b.

Public Hearing Before the CCPC, Recommendation to BCC. The CCPC shall hold one (1) advertised public hearing on the proposed resolution to designate an SRA. A notice of the public hearing before the CCPC on the proposed resolution shall include a general description and a map or sketch and shall be published in a newspaper of general circulation in the County at least ten (10) days in advance of the public hearing.

c.

Public Hearing Before the BCC, Resolution Approved. The BCC shall hold one (1) advertised public hearing on the proposed resolution to designate an SRA. A public notice, which shall include a general description and a map or sketch, shall be given to the citizens of Collier County by publication in a newspaper of general circulation in the County at least ten (10) days prior to the hearing of the BCC. The advertised public notice of the proposed adoption of the resolution shall, in addition, contain the date, time and place of the hearing, the title of the proposed resolution and the place within the County where such proposed resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the hearing and be heard with respect to the proposed resolution.

2.

Update Stewardship Credits Database. Following the effective date of the approval of the SRA, the County shall update the Stewardship Credits Database used to track both SSA credits generated and SRA credits consumed.

3.

Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of the approval of the SRA, the County shall update the Official Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be included on the updated maps so as to direct interested parties to the appropriate public records associated with the designation, e.g., Resolution number, SRA Designation Application number, etc. The RLSA Overlay Map shall be updated to reflect the SRA designation during a regular GMP amendment cycle, no later than twelve months from the effective date of the SRA Credit Agreement.

4.

SRA Amendments. Amendments to the SRA shall be considered in the same manner as described in this Section for the establishment of an SRA, except as follows.

a.

Waiver of Required SRA Application Package Component(s). A waiver may be granted by the County Manager or his designee, if at the time of the pre-application conference, in the determination of the County Manager or designee, the original SRA Designation Application component(s) is (are) not materially altered by the amendment or an updated component is not needed to evaluate the amendment. The County Manager or designee shall determine what application components and associated documentation are required in order to adequately evaluate the amendment request.

b.

Approval of Minor Changes by County Manager or Designee. County Manager shall be authorized to approve minor changes and refinements to an SRA Master Plan or development Document upon written request of the applicant. Minor changes and refinements shall be reviewed by appropriate County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the County Manager or designee's consideration for approval. The following limitations shall apply to such requests:

(1)

The minor change or refinement shall be consistent with the RLSA Overlay, the RLSA District Regulations, and the SRA development Document's amendment provisions.

(2)

The minor change or refinement shall be compatible with contiguous land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the SRA.

(3)

Minor changes or refinements, include but are not limited to:

(a)

Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County;

(b)

Internal realignment of rights-of-way, other than a relocation of access points to the SRA itself, where water management facilities, preservation areas, or required easements are not adversely affected; and

(c)

Reconfiguration of parcels when there is no encroachment into the conservation areas or lands with an Index Value of 1.2 or higher,

c.

Relationship to Subdivision or site Development Approval. Approval by the County Manager or designee of a minor change or refinement may occur independently from, and prior to, any application for subdivision or Site development plan approval. However, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals.

G.

Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable GMP policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs, and Conservation Lands on the RLSA Overlay Map.

1.

Master Plan Requirements. A master plan shall accompany an SRA Designation Application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner who possesses an AICP certification, together with at least one of the following:

a.

A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida;

b.

A qualified environmental consultant per Chapter 10 of the LDC; or

c.

A practicing architect licensed by the State of Florida.

2.

Master Plan Content. At a minimum, the master plan shall include the following elements:

a.

The title of the project and name of the developer;

b.

Scale, date, north arrow;

c.

Location map that identifies the relationship of the SRA to the entire RLSA District, including other designated SRAs;

d.

Boundaries of the subject property, all existing roadways within and adjacent to the site, watercourses, easements, section lines, and other important physical features within and adjoining the proposed development;

e.

Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community and/or public use, and areas proposed for recreational uses including golf courses and related facilities;

f.

Identification, location and quantification of all wetland preservation, buffer areas, and open space areas;

g.

The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions;

h.

The location of all proposed major internal rights of way and pedestrian access ways;

i.

Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA;

j.

Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA; and

k.

Documentation or attestation of professional credentials of individuals preparing the master plan.

H.

Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy.

1.

The document shall be prepared by an urban planner who possesses an AICP certification, together with at least one of the following:

a.

A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida;

b.

A qualified environmental consultant per Chapter 10 of the LDC or

c.

A practicing landscape architect licensed by the State of Florida.

2.

The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to, and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following:

a.

Title page to include name of project;

b.

Index/table of contents;

c.

List of exhibits;

d.

Statement of compliance with the RSLA Overlay and the RLSA District Regulations;

e.

General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to other designated SRAs and such external facilities as highways;

f.

Property ownership and general description of site (including statement of unified ownership);

g.

Description of project development;

h.

Legal description of the SRA boundary, and for any WRAs encompassed by the SRA;

i.

The overall acreage of the SRA that requires the consumption of Stewardship Credits and proposed gross density for the SRA;

j.

Identification of all proposed land uses within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments;

k.

Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 4.08.07 J.;

l.

All proposed variations or deviations from the requirements of the LDC, including justification and alternatives proposed;

m.

The proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable;

n.

A Natural Resource Index Assessment as required in Section 4.08.04 C.3.;

o.

The location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like;

p.

A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances;

q.

Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA;

r.

Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities;

s.

Development commitments for all infrastructure;

t.

When determined necessary to adequately assess the compatability of proposed uses within the SRA to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess requests for deviations from the Design Criteria standards, the County Manager or his designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate;

u.

Development Document amendment provisions; and,

v.

Documentation or attestation of professional credentials of individuals preparing the development document.

I.

DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA Designation Application. The DRI master plan shall identify the location of the SRA being designated, and any previously designated SRAs within the DRI.

J.

Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(l), F.A.C.. The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density Bonus as referenced in the density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process.

1.

SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below.

a.

SRA Characteristics Chart

Collier County RLSA Overlay SRA Characteristics Chart

* Towns are prohibited within the ACSC, per section 4.08.07 A.2. of this Code.

** Villages, Hamlets, and Compact Rural developments within the ACSC are subject to location and size limitations, section 4.08.07 A.2. of this Code, and are subject to Chapter 28-25, FAC.

*** Density can be increased beyond the base density through the affordable housing density Bonus or through the density blending provision, per policy 4.7.

**** Those CRDs that include single or multi-family residential uses shall include proportionate support services.

Underlined uses are not required uses.

b.

Streets within SRAs shall be designed in accord with the cross-sections set forth in Figures 1-18 below, as more specifically provided in J.2 through J.5. Alternatively, Collier County Transportation Services may approve additional cross-sections as needed to meet the design objectives.

(1)

Figure 1: Town Core/Center.

(2)

Figure 2: Town Core/Center.

(3)

Figure 3: alley: Town Core/Center.

(4)

Figure 4: Town Core/Center

(5)

Figure 5: Neighborhood General

(6)

Figure 6: Neighborhood General

(7)

Figure 7: Neighborhood General.

(8)

Figure 8: Neighborhood General.

(9)

Figure 9: Neighborhood Edge.

(10)

Figure 10: Neighborhood General.

(11)

Figure 11: Neighborhood Edge.

(12)

Figure 12: Neighborhood Edge

(13)

Figure 13: Collector street: Neighborhood Edge.

(14)

Figure 14: Neighborhood Edge.

(15)

Figure 15: Neighborhood Edge.

(16)

Figure 16: Neighborhood Edge.

(17)

Figure 17: Neighborhood Edge.

(18)

Figure 18: Neighborhood Edge.

2.

Town Design Criteria.

a.

General design criteria.

i.

Shall be compact, pedestrian-friendly and mixed-use;

ii.

Shall create an interconnected street system designed to disperse and reduce the length of automobile trips;

iii.

Shall offer a range of housing types and price levels to accommodate diverse ages and incomes; Accessory dwelling unit shall not count towards the total approved number of units, provided that the total number of units does not exceed the maximum density allowed by the GMP.

iv.

Shall include school sites that are sized and located to enable children to walk or bicycle to them;

v.

Shall provide a range of open spaces including neighborhood and community parks, squares and playgrounds distributed throughout the community;

vi.

Shall include both community and neighborhood scaled retail and office uses;

vii.

Shall have urban level services and infrastructure which supports development that is compact, including water management facilities and related structures, lakes, community and neighborhood parks, trails, temporary construction, sales and administrative offices for authorized contractors and consultants, landscape and hardscape features, fill storage, and site filling and grading, which are allowed uses throughout the community.

viii.

Shall be designed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least density, intensity and diversity occurring within the Neighborhood Edge;

ix.

Shall provide sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatability through the use of buffering, open space, land use, or other means;

x.

Shall include a minimum of three Context Zones: Town Core, Town Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers;

xi.

May include the Context Zone of Neighborhood Edge; and

xii.

Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home, and temporary construction signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses.

xiii.

To the extent that section 5.05.08 is applicable within the Urban designated area, SRA Architectural Design Standards shall comply with the provisions of section 5.05.08, unless additional or different design standards that deviate from section 5.05.08, in whole or part, are submitted to the County no later than when the first SRA Site development plan is submitted for approval.

xiv.

To the extent that section 4.06.00 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of section 4.06.00, unless additional or different design and installation standards that deviate from section 4.06.00, in whole or in part, are submitted to the County no later than when the first SRA Site development plan is submitted for approval.

b.

Transportation Network.

i.

The transportation network shall provide for a high level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile.

ii.

The transportation network shall be designed in an interconnected system of streets, sidewalks, and pathways.

c.

Open space and Parks.

i.

Towns shall have a minimum of 35% open space.

ii.

Towns shall have community parks that include sports fields and facilities with a minimum level of services of 200 square feet per dwelling unit in the Town.

iii.

Towns shall have passive or active parks, playgrounds, public plazas or courtyards as appropriate within each Context Zone.

d.

Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Town, and provide for the establishment of the urban to rural continuum.

i.

Town Core. The Town Core shall be the civic center of a Town. It is the most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a primary pedestrian zone with buildings positioned near the right-of-way, wide sidewalks shall be shaded through streetscape planting, awnings and other architectural elements. Parking shall be provided on street and off street in the rear of buildings within lots or parking structures. Signage shall be pedestrian scale and designed to compliment the building architecture. The following design criteria shall apply within the Town Core, with the exception of civic or institutional buildings, which shall not be subject to the building height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards set forth in the SRA development Document and approved by the BCC that address the perspective of these buildings' creating focal points, terminating vistas and significant community landmarks.

a)

Uses - commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, residential, parks and accessory uses. Such uses may occur in shared use buildings or single use buildings.

b)

The total building area within each block shall not exceed a floor area ratio of 3.

c)

Retail and offices uses per block shall not exceed a floor area ratio of 0.5.

d)

Civic uses per block shall not exceed a floor area ratio of 0.6.

e)

Light industrial and manufacturing uses per block shall not exceed a floor area ratio of 0.45.

f)

The density of transient lodging uses shall not exceed 26 dwelling units per Town Core gross acre.

g)

The maximum building height shall be 6 stories, excluding roofs and architectural features.

h)

There shall be no minimum lot size.

i)

The maximum block perimeter shall be 2500 Ft.

j)

Minimum setbacks from all property boundaries shall be 0 feet and the maximum setback from the front boundary shall be 10 feet. The maximum setback from the front boundary may be increased in order to create public spaces such as plazas and courtyards.

k)

Overhead encroachments such as awnings, balconies, arcades and the like, shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street.

l)

Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area.

m)

Buildings within the Town Core shall be made compatible through similar massing, volume, frontage, scale and architectural features.

n)

The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape islands and tree diamonds shall have a minimum of one tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking structures fronting on a primary street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at grade, including one tree per five (5) square feet of landscaped area. Parking structures fronting on a secondary street shall have a minimum ten (10) foot wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or 25 linear feet on center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation staff and the applicant during the pre-application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SRA development document.

o)

Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. In these areas, sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided. streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings.

p)

Landscaping minimums within the Town Core shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet on-center. The five-foot minimum wide of planting area may be reduced to three (3) feet if sidewalk protection such as root barriers, continuous tree pits, and/or structural soils are provided. The street tree pattern may be interrupted by architectural elements such as arcades and columns.

q)

General signage standards. Signage requirements shall be as provided for in section 5.06.00, the "Collier County Sign Code."

ii.

Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main street area of the Town. buildings shall be positioned near the right-of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall apply within the Town Center, with the exception of civic or institutional buildings, which shall not be subject to the height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards that address these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA development Document and approved by the BCC.

a)

Commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, parks, residential and schools and accessory uses shall be permitted. These uses may occur in shared use buildings or single use buildings.

b)

The floor area ratio for the total building area within each block shall not exceed 2.

c)

The floor area ratio for retail and office uses per block shall not exceed 0.5.

d)

The floor area ratio for civic uses per block shall not exceed 0.6.

e)

The floor area ratio for light industrial and manufacturing uses per block shall not exceed 0.45.

f)

The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre.

g)

The maximum building height shall be 5 stories, excluding roofs and architectural features.

h)

The minimum lot area shall be 1,000 square feet.

i)

The maximum block perimeter shall be 2500 Ft.

j)

The minimum setbacks shall be 0 from all property boundaries and the maximum setback shall be 10 feet from the front right of way line.

k)

Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street.

l)

Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area.

m)

Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features.

n)

Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings.

o)

Parking space requirements and design are the same as in the Town Core.

p)

Landscape minimums are the same as in the Town Core.

q)

Signage requirements are the same as in the Town Core.

iii.

Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General:

a)

Residential, neighborhood scale goods and services, civic, institutional, parks, schools and accessory uses shall be permitted.

b)

The maximum allowable building height shall be 3.5 stories.

c)

The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall be allowed where an alley or pathway provides through access, or the block includes water bodies or public facilities.

d)

The SRA development Document shall set forth the development standards for all allowable types of single-family development, which shall, at a minimum, adhere to the following:

i)

The minimum lot area shall be 1,000 square feet.

ii)

Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory dwelling unit is built.

iii)

Landscaping shall include a minimum of sixty (60) square feet of shrub planting per lot, on lots that are 3,000 square feet or less in area; eighty (80) square feet on lots that are greater than 3,000 square feet but less than 5,000 square feet in area; and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property.

e)

Multi-family residential uses shall adhere to the following:

i)

Lots shall be a maximum of 4 acres.

ii)

Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the primary structure and 5 feet for any accessory structures.

iii)

Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard a maximum of 3 ft. 6 in and a maximum of 3 Ft. into side yards, but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yard.

iv)

Parking space requirements and design are the same as in the Town Core.

v)

A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf grass for the remainder of the property.

f)

Non-residential uses shall adhere to the following:

i)

All such uses shall be located at intersection corners or street bends and shall not be permitted at mid-block locations;

ii)

If the non-residential use is a restaurant, grocery store, or convenience store, it shall be located on an alley loaded site;

iii)

The minimum distance between non-residential uses shall be 1,000 feet, as measured along the street frontage at the right-of-way line.

iv)

The maximum square footage per use shall be 3,000 square feet and per location shall be 15,000 square feet;

v)

The use shall have a minimum lot area of not less than the size of the smallest adjacent lot.

vi)

The minimum setbacks shall be as follows: 0 feet from the front property boundary, a distance from the side property boundary that is equal to the setback of the adjacent property, and a minimum of 20 feet from the rear property boundary for the principal structure and 5 feet from the rear property boundary for any accessory structures.

vii)

Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line. No off-street parking shall be permitted between the side facade and the street side property line for corner lots. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping.

viii)

Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property.

g)

General signage requirements shall be as provided for in section 5.06.00

h)

Signage within Neighborhood Goods and Service Zones shall be as provided for in section 5.06.00

i)

Streets shall adhere to J.1.b and Figures 5, 6, 7, 8, or 10. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk.

iv.

Neighborhood Edge (optional). Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity within the Town. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge:

a)

The permitted uses within the Neighborhood Edge are residential, parks, open space, golf courses, schools, essential services, and accessory uses.

b)

Building heights shall not exceed 2 stories.

c)

Lots shall have a minimum area of 5000 square feed with lot dimensions and setbacks to be further defined with the SRA development Document.

d)

The perimeter of each block may not exceed 5000 feet, unless an alley or pathway provides through access, or the block includes water bodies or public facilities.

e)

Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with provision for an additional parking space if an accessory dwelling unit is built.

f)

Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per lot, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property.

g)

Streets shall adhere to J.1.b. and to Figures 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway.

v.

Special District (optional). The Special District is intended to provide for uses and development standards not otherwise provided for within the Context Zones. Special Districts would be primarily single use districts, such as universities, business parks, medical parks and resorts that require unique development standards to ensure compatability with surrounding neighborhoods. The location of Special Districts shall be illustrated on the SRA Master Plan, and uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts, etc.

3.

Village Design Criteria.

a.

General criteria.

i.

Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities.

ii.

Villages shall be designed in a compact, pedestrian-friendly form.

iii.

Create an interconnected street system designed to disperse and reduce the length of automobile trips.

iv.

Offer a range of housing types and price levels to accommodate diverse ages and incomes. Accessory dwelling units shall not count towards the maximum allowed density.

v.

Be developed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the village center, to the least density, intensity and diversity occurring within the Neighborhood Edge.

vi.

The SRA document shall demonstrate the urban to rural transition occurring at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatability through the use of buffering, open space, land use, or other means.

vii.

Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home and temporary constructions signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses.

viii.

To the extent that section 5.05.08 is applicable within the Urban designated area, SRA Architectural Design Standards shall comply with the provisions of section 5.05.08, unless additional or different design standards that deviate from section 5.05.08, in whole or part, are submitted to the County no later than when the first SRA Site development plan is submitted for approval.

ix.

To the extent that section 4.06.00 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of section 4.06.00, unless additional or different design and installation standards that deviate from section 4.06.00, in whole or in part, are submitted to the County no later than when the first SRA Site development plan is submitted for approval.

b.

Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town.

c.

Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each Context Zone and Special District.

d.

Context Zones.

i.

General.

a)

Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General.

b)

Each Zone shall blend into the other without the requirements of buffers.

c)

Villages may include the Context Zone of Neighborhood Edge.

d)

Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones.

e)

The SRA Master Plan shall designate the location of each Context Zone and each Special District. The village center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District may be designated in multiple locations.

f)

Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the establishment of the urban to rural continuum.

ii.

Village center.

a)

The allowable uses within a village center are commercial, retail, office, civic, institutional, essential services, parks, residential and schools and accessory uses.

b)

Uses may occur in shared use buildings or single use buildings.

c)

The floor area ratio of any use shall not exceed 2 for the total building area within each block, shall not exceed 0.5 for retail and office uses per block shall not exceed 0.6 for civic uses per block.

d)

Transient Lodging - 26 dwelling units per village center gross acre

e)

Maximum building height - 5 Stories, excluding roofs and architectural features.

f)

Minimum lot area: 1,000 SF

g)

Block Perimeter: 2,500 Ft. max

h)

Front setbacks - 0 to 10 feet from the right-of-way line

i)

Side setbacks - 0 feet

j)

Rear setbacks - 0 feet

k)

Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street.

l)

Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area.

m)

The design of civic or institutional buildings shall not be subject to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage but, instead, shall be subject so specific design standards that address the perspective of these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA development Document and approved by the BCC.

n)

Buildings within the village center shall be made compatible through similar massing, volume, frontage, scale and architectural features.

o)

Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings.

p)

General parking criteria

i)

On-street parking spaces within the limits of the front property line, as projected into the right-of-way, shall count towards the required number of parking spaces.

ii)

The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets). Parking is prohibited in front of buildings.

iii)

Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree.

iv)

Parking lots shall be accessed from alleys, service lanes or secondary streets.

q)

The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a secondary street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or twenty-five (25) lineal feet on-center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time.

r)

Landscaping minimums within the village center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width. In these areas, sidewalk protection such as root barriers, continuous three pits, and/or structural soils shall be provided. Trees shall be planted forty (40) feet on-center. The street tree pattern may be interrupted by architectural elements such as arcades and columns.

s)

Signage standards within the village center shall comply with those provided in the Town Center.

iii.

Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town.

iv.

Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town.

v.

Special District (optional). The Special District is intended to provide for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff.

4.

Hamlet Design Criteria.

a.

General.

i.

Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services.

ii.

Hamlets may include the Context Zones of Neighborhood General and Neighborhood Edge.

iii.

Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorporate the community green.

b.

Open spaces and parks. At a minimum, Hamlets shall provide a public green equal to a minimum of 1% of the total Hamlet gross acreage.

c.

Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum.

i.

Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The street grid is maintained through the Neighborhood General to disperse traffic. sidewalks and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows:

a)

Uses -residential, neighborhood scale goods and services, civic, institutional, parks and schools.

b)

Building height - 3.5 Stories

c)

Block Perimeter: 3500 Ft. max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities.

d)

For single-family residential uses:

i)

Minimum lot area: 1,000 SF

ii)

Setbacks and encroachments to be defined in the SRA development Document

iii)

Parking space requirements and design are the same as in the Town Core, with provision for an additional parking space if an accessory dwelling unit is built.

iv)

Landscaping - Minimum of 60 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property.

e)

For multi-family residential uses:

i)

Maximum lot area: 4 acres.

ii)

Front yard setbacks - 10 Ft.

iii)

Minimum side yard setbacks - 10 Ft.

iv)

Minimum rear yard setbacks - 20 Ft. for primary structure, 5 Ft. for accessory structures

v)

Encroachments: Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard 3 Ft. 6 In. These same elements may encroach 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In. except that overhangs may encroach 2 Ft. into any yard.

vi)

Parking space requirements and design are the same as in the Town Core.

vii)

Landscaping- Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property.

f)

Non-residential uses:

i)

Location: at intersection corner. Mid-block locations are not allowed.

ii)

Maximum square footage per use is 5,000.

iii)

Maximum square footage per location is 20,000.

iv)

Min. lot area: No less than the min. lot area of the smallest adjacent lot.

v)

Front setbacks - Equal to the smallest utilized setback of the adjacent lot

vi)

Side setbacks - Equal to the smallest utilized setback of the adjacent lot

vii)

Rear setbacks - minimum 20 feet for the principal structure and 5 feet for any accessory use

viii)

Parking. Parking space requirements and design are the same as in the Town Core. On-street parking must be provided along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping.

ix)

Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property.

x)

Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General.

xi)

Streets shall adhere to J.1.b. and Figures 5, 6, 7, 8, or 10. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 foot streetscape area between the back of curb and the sidewalk.

ii.

Neighborhood Edge. Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses.

a)

Uses - residential, parks, golf courses, schools, essential services

b)

Building height - 2 Stories

c)

Minimum lot area 5000 square feet

d)

Setbacks to be further defined within the SRA development Document

e)

Block Perimeter: 5000 feet max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities.

f)

Parking. Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built.

g)

Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property.

h)

Streets shall adhere to J.1.b and Figures 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway.

5.

Compact Rural development Criteria.

a.

General.

i.

Compact Rural development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and development standards, but shall otherwise comply with the design standards of a Hamlet or Village.

ii.

A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents.

iii.

Except as described above, a CRD will conform to the design standards of a Village or Hamlet as set forth herein based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services shall be provided.

b.

Example. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services that necessary to support permanent residents.

6.

Design Criteria Common to SRAs.

a.

Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as open space and maintained in a predominantly naturally vegetated state.

b.

A minimum of thirty-five (35) percent of the SRA land designated as Town or Village shall be kept in open space.

c.

SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the hydroperiods of adjacent FSA, HSA, WRA or Conservation Land and will not adversely affect the water use rights of either adjacent developments or adjacent agricultural operations and will comply with the SFWMD Basis of Review. Detention and control elevations shall be established to protect natural areas and be consistent with surrounding land and project control elevations and water tables.

d.

Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. Best management practices shall include the following:

i.

The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose.

ii.

Open space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map. open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet.

e.

Where a WRA is incorporated into the stormwater system of an SRA, the provisions of Section 4.08.04 A.4.b. apply.

f.

Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses.

7.

Infrastructure Required. An SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand as identified in Chapter 6 of the LDC. The level of infrastructure required will depend on the type of development, accepted civil engineering practices, and the requirements of this Section.

a.

The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Chapter 6 of the LDC in effect at the time of SRA designation.

b.

Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste.

c.

Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community development District, other special districts the Immokalee Water Sewer Service District, Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit innovative alternative water and wastewater treatment systems such as decentralized community treatment systems provided that they meet all applicable regulatory criteria.

d.

Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD are permitted on an interim basis until services from a centralized/decentralized community system are available.

e.

Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size.

8.

Requests for Deviations from the LDC. The SRA Development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied:

a.

The deviations are consistent with the RLSA Overlay;

b.

The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria from which Section 4.08.07 J.2.—5. expressly prohibits deviation; and

c.

It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(L), F.A.C.

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:

1.

Transportation. A transportation impact assessment meeting the requirements of Chapter 10 of the LDC or its successor regulation or procedure, shall be prepared by the applicant as component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package.

a.

In addition to the standard requirements of the analyses required above, the transportation impact assessment shall specifically consider, to the extent applicable, the following issues related to the highway network:

(1)

Impacts to the level of service of impacted roadways and intersections, comparing the proposed SRA to the impacts of conventional Baseline Standard development;

(2)

Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding transportation system; and

(3)

Impacts to agri-transport issues, especially the farm-to-market movement of agricultural products.

b.

The transportation impact assessment, in addition to considering the impacts on the highway system, shall also consider public transportation (transit) and bicycle and pedestrian issues to the extent applicable.

c.

No SRA shall be approved unless the transportation impact assessment required by this Section has demonstrated through data and analysis that the capacity of County/State collector or arterial road(s) serving the SRA to be adequate to serve the intended SRA uses in accordance with Chapter 6 of the LDC in effect at the time of SRA designation.

2.

Potable Water. A potable water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Florida Administrative Code for private and limited use water systems, or for Public Water Systems. In addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The applicant shall identify the sources of water proposed for potable water supply.

3.

Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods of water conservation.

4.

Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Standards for Onsite Sewage Treatment and Disposal Systems, contained in Florida Administrative Code for systems having a capacity not exceeding 10,000 gallons per day or for wastewater treatment systems having a capacity greater than 10,000 gallons per day. In addition to the standard requirements of the analyses required above, the wastewater assessment shall specifically consider, to the extent applicable, the disposal of waste products generated by the proposed treatment process.

5.

Solid waste. A solid waste assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall identify the means and methods for handling, transporting and disposal of all solid waste generated including but not limited to the collection, handling and disposal of recyclables and horticultural waste products. The applicant shall identify the location and remaining disposal capacity available at the disposal site.

6.

Stormwater Management. A stormwater management impact assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation Application Package. The stormwater management impact assessment shall, at a minimum, provide the following information:

a.

An exhibit showing the boundary of the proposed SRA including the following information:

(1)

The location of any WRA delineated within the SRA;

(2)

A generalized representation of the existing stormwater flow patterns across the site including the location(s) of discharge from the site to the downstream receiving waters;

(3)

The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjoining properties.

b.

A narrative component to the report including the following information:

(1)

The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from the site will ultimately outfall;

(2)

The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County Ordinance 90-10 or its successor regulation;

(3)

If applicable, a description of the provisions to be made to accept stormwater flows from surrounding properties into, around, or through the constructed surface water management system of the proposed development;

(4)

The types of stormwater detention areas to be constructed as part of the surface water management system of the proposed development and water quality treatment to be provided prior to discharge of the runoff from the site; and

(5)

If a WRA has been incorporated into the stormwater management system of an SRA, the report shall demonstrate compliance with provisions of Section 4.08.04 A.4.b.

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:

a.

School Impact Analysis (SIA) for a determination of school capacity only (refer to section 10.04.09 for SIA requirements); and

b.

The potential for locating a public educational facility or facilities within the SRA, and the location(s) of any site(s) that may be dedicated or otherwise made available for a public educational facility.

L.

SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services, fire, and schools. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the Chapter 6 of the LDC.

1.

Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base, at the end of each phase, or every five (5) years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each unit of government responsible for the services listed below, using one of the following methodologies:

a.

Collier County Fiscal Impact Model. The fiscal impact model officially adopted and maintained by Collier County.

b.

Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Collier County. The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing.

2.

Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report") every five (5) years until the SRA is ninety (90) percent built out. The Report will provide a fiscal impact analysis of the project in accord with the methodology outlined above.

3.

Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing.

4.

Special Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation, the special district will enter into an Interlocal agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA.

M.

The BCC may, as a condition of approval and adoption of an SRA development, require that suitable areas for parks, schools, and other public facilities be set aside, improved, and/or dedicated for public use. When the BCC requires such a set aside for one or more public facilities, the set aside shall be subject to section 2.03.06, in the same manner as are public facility dedications required as a condition of PUD rezonings.

(Ord. No. 05-27, § 3.AA; Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.AA)

4.08.08 - Reserved.

Editor's note—

Ord. No. 05-27, § 3.BB, repealed § 4.08.08 in its entirety. Formerly, said section pertained to baseline standards as enacted by Ord. No. 04-41.