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EAC Agenda 08/03/2005 ENVIRONMENTAL ADVISORY COUNCIL REVISED(7/26/05)AGENDA August 3, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of July 6,2005 Meeting minutes V. Land Use Petitions A. (Continued from July EAC) Planned Unit Development No. PUDZ-A-2004-AR-6084 "Bristol Pines PUD" Section 35,Township 48 South, Range 26 East B. Special Treatment Permit No.ST-6366 "Catarsi Single-Family Residence" Section 24, Township 51 South, Range 25 East VI. Old Business A. Assessment of the EAC: Functions and Alternative Options VII. New Business A. Oustanding Advisory Committee Member Nominations B. Proposed LDC amendments—Cycle 2 C. Proposed LDC amendments—Cycle 2a VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on July 29, 2005 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 3, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of July 6, 2005 Meeting minutes V. Land Use Petitions A. (Continued from July EAC) Planned Unit Development No. PUDZ-A-2004-AR-6084 "Bristol Pines PUD" Section 35,Township 48 South, Range 26 East B. Special Treatment Permit No. ST-6366 "Catarsi Single-Family Residence" Section 24,Township 51 South, Range 25 East VI. Old Business A. Assessment of the EAC: Functions and Alternative Options VII. New Business A. Oustanding Advisory Committee Member Nominations VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on July 29, 2005 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. • July 6, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMNETAL ADVISORY COUNCIL Naples, Florida, July 6, 2005 LET IT BE REMEMBERED, that the Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence S. Dolan Lee Horn Ken Humiston Judith Hushon (Excused) Iry Kraut Erica Lynne Nick Penniman Michael V. Sorrell (Excused) ALSO PRESENT: Susan Mason, Senior Environmental Specialist Marjorie Student-Stirling, Assistant County Attorney Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review 1 July 6, 2005 I. Meeting was called to order at 9:01 AM. II. Roll Call Introductions of new Board members Nick Penniman and Terrence S. Dolan. Roll call was taken with Judith Hushon and Michael V. Sorrell being excused. A quorum was established. Mr. Griffin a new County Attorney was introduced. III. Approval of Agenda: Ms. Mason noted that "V.A." the "3500 Corporate Plaza"was heard on June 28th by the Board of County Commissioners so it needs to be removed from the agenda along with"V.C."the"Bristol Pines PUD"which has been continued by request of the applicant. Dr. Lynne moved to approve the Agenda as amended. Second by Mr. Penniman. Carried unanimously 7-0. IV. Approval of May 4, 2005 meeting minutes: Mr. Hughes noted that they were sparse with not enough detail. Mr. Humiston moved to approve the May 4, 2005 minutes. Second by Mr. Horn. Carried unanimously 7-0. V. Land Use Petitions: A. (Continued from June EAC) (included in the June ft mailing) Planned Unit Development No. PUDA -2004-AR-6279 "Bucks Run PUD" Section 35, Township 48 South, Range 26 East - All those testifying were sworn in by Ms. Student - Disclosures—None PETITIONER Jeremy Sterk, Hoover Planning- The petitioner noted that there is a Water Permit existing on the back portion of the property. The wetlands that have been impacted are made up of Cypress and Pines. There is a narrow road that runs through the wetlands. Three quarters of a credit were purchased from Panther Island for the Army Core of Engineers. (Maps of the area were shown on overheads) The South West tract has an STP for the Church. The anticipated build out of units will be 156, which is a down zone from what was approved. County Sewage will be utilized. Drainage falls into the 951 basin. (Displayed on Map) 2 July 6, 2005 Staff recommended adding stipulations, including obtaining an Environmental Resource Permit from the Water Management District; which has been done. Dean Smith recognized that no extraordinary measures have been taken for herbicides, though they have gone through the Standard ERP Permitting process. There is an Urban Storm Water Management Plan that is part of the ERP that requires "best management practices". Mr. Hughes expressed the need to be cognizant of the designs of homes and water uses, and reclamation. Mr. Humiston moved to approve Planned Unit Development No. PUDA-2004-AR- 6279. Second by Mr. Dolan. Carried unanimously 7-0. VI. Old Business: A. Follow-up to the EAC's Information Requests from the May meeting Ms. Mason reviewed the final results of projects: • Ave Maria SRA and DRI- approved by the Board of County Commissioners 5-0. • Palermo Cove- approved by the Board of County Commissioners 5-0. • Cook Property- approved by the Board of County Commissioners 4-1. • Home Center Plaza- approved by the Board of County Commissioners 4-1. Ms. Mason reviewed the May 4th Meeting Topics: • Florida Green Building Coalition will present at an upcoming meeting. • Staff from the County and Water Management District will have a discussion on the"Lower Southwest Florida Water Resource Study" • Audio Visual is creating an educational segment on litter and roadside trash. • There will be a workshop on the Development Review Process (It was agreed that the meeting would be best not to take place in September or on Thursdays,but otherwise schedules are open.) Mr.Hughes discussed his intent on the Board Report, including housing designs, and giving credits from decreased environmental footprints. VII. New Business: A. Outstanding Advisory Committee Member Nominations -None 3 July 6, 2005 B. Audubon Country Club PUD Bald Eagle Management Plan Ms. Mason reviewed the Plan: • The plan is scheduled to go before the Board of County Commissioners in July. • The Country Club has had a history of a pair of Bald Eagles residing on this property switching between a Northern and Southern nesting site. • Both sites are considered active, with protection zones that have conflicting plans. • The U.S. Fish and Wildlife Service and Wildlife Conservation Commission created a new plan that is believed not to result in a take. • (Maps of area were displayed) • There are lots to be built on within the restricted zones. • The Eagles had moved to the North Site before construction had begun around the South Site, once construction was finished in the South Site the Eagles moved back to the South Site. • The Eagles were not disturbed while construction was going on, so they are considered urbanized. • A new committee has been formed to address Habitat Conservation. -All those testifying were sworn in by Ms. Student-Stirling SPEAKER Collin Flynn noted that the eagles have moved toward the construction activity, and there is anticipation that they will move back to the Southern Site. There are 300 acres to the west of the nests in perpetuity. There are homes that need to be completed. Dr. Lynne responded in that some eagles are becoming urbanized,though research shows they are disturbed by human behavior. She had concerns about relying on The Fish and Wildlife Service since they have admitted to using bad science for panther evaluation. The Fish and Wildlife Service are said to be under political pressure. Mr. Penniman expressed concern about congruency between all Plans coming before the Board. Dr. Lynne encouraged a University with a graduate program to set up a study of eagles. There was discussion on possible actions and a review of the definitions for"incidental take" and"take". Dr. Lynne moved to approve the Audubon Country Club PUD Bald Eagle Management Plan with section 4.5, the "take" statement is removed. Second by Mr. Penniman. 4 July 6, 2005 Mr. Dolan felt that it is Fish and Wildlife Service's place to have the document allow for a"take". Motion carries 5 yes—2 no with Mr. Dolan and Mr. Humiston voting no. Mr. Hughes asked about having a review of the Water Shed/Sewer issues East of State Road 951 and Golden Gate Estates. Mr. Chrzanowski replied that there is such a study being executed under the name of"951 Horizon Study"by the Long Range Planning Department. He will have the head of the study contact Mr. Hughes. Mr. Dolan expressed appreciation for being appointed to the Board. VIII. Council Member Comments Mr. Hughes welcomed the two new members. IX. Public Comments Ms. Burgeson informed the Board that the Environmental Advisory Council will be reviewed. It will be determined if there is a need for two meetings a month or if the Environmental Advisory Council needs to be rolled into the Planning Commission for the Land Use Petitions. A recommendation will be presented to the Board of County Commissioners during the September meeting. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:38 PM. ************ COLLIER COUNTY ENVIRONMNETAL ADVISORY COMMITTEE Chairman William Hughes 5 Item V.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 3, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDZ-A-2004-AR-6084 Petition Name: Bristol Pines PUD Applicant/Developer: Waterways Joint Venture IV Engineering Consultant: RWA, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR-951), approximately 1 mile south of Immokalee Road (CR-846) in Section 35, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: North:Warm Springs PUD, undeveloped but approved at 3.78 units per acre East: Two undeveloped five-acre tracts, then a five-acre agriculturally used tract, all have a zoning designation of Agricultural South: Land with a zoning designation of Agricultural developed with an owner occupied single-family home site West: Collier Boulevard (CR 951), then land with a zoning designation of Agricultural that is developed with agricultural businesses and a single-family home (a conditional use approval to allow a private school was approved for a 9.4 acre site abutting Brittany Bay) IV. PROJECT DESCRIPTION: The petitioner wishes to add approximately 20 acres to the original Bristol Pines Residential Planned Unit Development (RPUD) that was approved on February 24, 2004 by Ordinance 2004-10. Adding 20 acres requires a rezone of the new acreage from the Agricultural (A) zoning district to RPUD as well as an amendment of the original RPUD to include that new land. EAC Meeting Page 2 of 8 The expanded project proposes a maximum of 292 dwelling units instead of the originally approved 159 dwelling units. The original PUD allowed an overall density of seven units per acre, (4 base units plus 3 bonus density units) and this amendment would allow 6.85 units per acre. As before, the development is to consist of any combination of single-family attached, zero lot line, or single- family detached type construction. Just as in the original PUD rezone, the petitioner is seeking approval of an Affordable Housing Density Bonus Agreement (AHDBA) authorizing the developer to utilize Affordable Housing Bonus Density units. In the original PUD, the AHDBA increased the project's base density to allow 68 density bonus units. For that allowance, the developer agreed to set aside 15 owner-occupied units for low-income residents. With the 20 acre addition, the developer will receive 121 bonus units at three bonus density units per acre), and will set aside 29 owner-occupied units for low-income residents, which is the same 10 percent of the total number of units. The PUD is intended to allow development of a residential project that will have one access point serving the project from Tree Farm Road instead of the originally approved plan to construct a bridged entrance (over the canal) to Collier Boulevard approximately 330 feet south of the Tree Farm Road and Collier Boulevard intersection. Access to serve the project is proposed to be from Tree Farm Road. The subject property received Plat and Plan Approval (PPL) in PPL-2004-AR- 6057, and an Excavation Permit in AR-6838 for lands rezoned in the original PUD. The site is currently being developed under the auspices of the previous zoning approval. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. Relevant to this petition, this Subdistrict allows a variety of residential uses; essential services, and, recreation and open space uses. As to residential use, review of the Density Rating System yields the site is eligible for 4 dwelling units per acre unless the Affordable Housing Density Bonus (AHDB) is utilized, which could result in a maximum bonus of 8 dwelling units per acre, yielding a maximum eligible density of 12 dwelling units per acre. EAC Meeting Page 3 of 8 The companion AHDB Agreement demonstrates the site is eligible for a 3 dwelling units per acre bonus; when added to the base density of 4 dwelling units per acre, this results in an eligible project density of 7 dwelling units per acre. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with the surrounding area. As currently proposed, staff believes this project will be compatible with current and planned development in this area given the allowance for increased density for projects that will provide affordable housing units. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge)to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation&Coastal Management Element, for the following reasons: Twenty-five percent (25%) of the existing native vegetation is required to be retained or re-created. Twenty-five percent of the existing native vegetation has been identified in retained and re-created preserves within the PUD boundaries. In addition, there is an area that has been used for a tree farm that did not obtain a permit or Notification of Commencement for clearing. Growth Management Plan Policy 6.1.1(8) states that "Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement." The County Attorney's office provided a legal opinion on June 21, 2005 which states, "Since the parcel of land in question, was not legally cleared pursuant to ordinance Number 75-21, as amended by Ordinance Number 76-42, it is my conclusion based upon the facts presented that this parcel of land is not exempt from the native vegetation retention requirements of Policy 6.1.1". Therefore, this area EAC Meeting Page 4 of 8 must be included in preserve calculations which brings the preserve area requirement to a total of 5.08. The petitioner is providing this total amount on the PUD master plan. At the time of Site Development Plan/ Plat and Construction Plans, the preserves must be set aside as preserve areas with conservation easements prohibiting further development. In accordance with Policy 6.1.1(3), required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. A portion of the southern preserve is in a Florida Power and Light easement and will not be allowed to be used as preserve. The applicant is intending to vacate the easement and will be required to provide an area equivalent to that portion of preserve shown on the Master Plan if the easement is not vacated, by the time of the next Development Order. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Stormwater Management: According to the Drainage Atlas of Collier County, prepared by the County Stormwater Management Department, Bristol Pines outfalls to the 951 Canal North Basin and has an allowable discharge rate of 0.15 cfs. This PUD almost doubles the size of the existing 23 acre Bristol Pines PUD to 42.61 acres. The design of this phase is substantially like the design of the first Bristol Pines, i.e. a subdivision surrounding a single large lake that provides water quality retention and peak flow attenuation, that discharges into a previously approved lake, which has controlled discharge into the receiving canal. EAC Meeting Page 5 of 8 The project has exceeded the SFWMD review threshold of 40 acres and the permitting of the combined sites will be done by the SFWMD. Environmental: Site Description: The subject property is a partially developed 42.61 acre parcel located on the east side of Collier Boulevard (County Road 951), approximately 1 mile north of Vanderbilt Beach Road (State Road 862). Approximately 23 acres of the property are under construction for residential housing and amenities approved with the Bristol Pines PUD Ordinance 2004-10. The remaining native habitats on-site include pine; pine flatwoods; pine-cypress; an old tree nursery; and a single- family residence that has impacted approximately 3 acres of the property. There is a 1.0 acre upland preserve that has been previously established with the original PUD. The Natural Resources Conservation Service (NRCS) soil map for the area identifies the following soil types on the site: Holopaw fine sand, limestone substratum (Unit 2); Pineda fine sand, limestone substratum (Unit 14, hydric); Oldsmar fine sand (Unit 16); and Riviera fine sand, limestone substratum (Unit 18). Wetlands: The South Florida Water Management District found no jurisdictional wetlands on the property. Preservation Requirements: Twenty-five percent of the native vegetation on site is required to be put in a preserve tract or easement. There is a total of 11.69 acres of existing native vegetation within the original PUD boundary and the parcels being added. Since it was determined that the tree nursery, which consists of 8.63 acres, was illegally cleared, this area is also included in the twenty-five percent preservation calculation. This comes to a total of 5.08 acres. The petitioner is showing the entire 5.08 acres to be preserved and re-created. The FPL easement must be vacated in order to count that portion of vegetation as preserve. Listed Species: Gopher tortoises were located on part of the property in the boundary of the original PUD. This area was permitted with Plat and Construction Plans and EAC Meeting Page 6 of 9 could be re-located. An incidental take permit had been issued prior to this by the Florida Fish and Wildlife Conservation Commission. Fines were paid to Collier County for violating the Land Development Code. VII. RECOMMENDATIONS: Staff recommends approval of Bristol Pines PUDZ-A-2004-AR-6084 with the following stipulations: Stormwater Management: An Environmental Resource Permit or Surface Water Management Permit from the South Florida Water Management District must be obtained prior to approval of any construction plans. Environmental: The FPL easement shall be vacated or that portion of preserve with the FPL easement shall be designated elsewhere on site. EAC Meeting Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT fo, LAURA A. ROYS DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT � v 7-13-65 KA DESELEM, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1 EAC Meeting Page 8 of 8 REVIEWED BY: &hive or)----- 7-1.3 -05- BARBARA S. BURGESO DATE PRINCIPAL ENVIRONM TAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT alditit& �;r oa- 74)11/iO n 1. / z- J3-05- WILLIAM D. LORENZ, V., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 7/�q¢ o� SAN MURRAY, AICP, DIRECT R, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW lattii, IST1////b5 MARJ RIE ST ENT, ASSANT C TY ATTORNEY DATE APPROVED BY: Iiv fdadr/'i 7,0/45-- 0 EPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MINISTRATOR BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: CONSULTING 6610 WILLOW PARK DRIVE SUITE 200 NAPLES,FLORIDA 34109 And GOODLETTE COLEMAN&JOHNSON,P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES,FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL "EXHIBIT A" 7J•\1MoVIl_M S 1(1Q Rrictnl PinPc Phacv ii 7n,,;no\!1!1!12 Rp,nn;n\Rr;ctnl Pinvc PhacP Ti PT 111 Apart 752115 rine. TABLE OF CONTENTS List of Exhibits, Tables and Appendix i Statement of Compliance ii Section I Property Ownership and Legal Description I-1 Section II Project Development Requirements II-1 Section III Residential Development Standards III-1 Section IV Recreation Area IV-1 Section V Preserve Area V-1 Section VI Development Commitments VI-1 Appendix "A" Typical Cross Sections A-1 ii N•\7M7V17_M 1 110 Rrictn1 Pinc.c Plhac,.TT 7n11in°Ul0M PPonnin\Rrictnl Pinp,Mace.TT PT 111 Apart 7 J215 rinr LIST OF EXHIBITS, TABLES AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN APPENDIX "A" TYPICAL CROSS SECTIONS EXHIBIT "B" BOUNDARY SURVEY TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS N•17l1f17V17_n151 no Rr;�rnt P;n ILII I ac Phaep ii 7n.+;nn\Mrn RP,nnin rtrionl P;noe Phaco ii M in r•lPan 7-52115 Ane STATEMENT OF COMPLIANCE The development of approximately 42.6 acres of property in Collier County,Florida as a Planned Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing" as outlined by Section 2.06.00 as defined in the Collier County Land Development Code (LDC). The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.85 units per gross acre, which is provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available; 5. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the FLUE. 8. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. ii N•\7!1l17V12.fl1 ci(10 Rrictn1 Pin>c Pb .acTi 7nnino\t11102 PPPynnino\Rrictn1 Pinvc PhacP IT PIM rlPan 7_R11G Anr 9. The native vegetation provisions of the Bristol Pines RPUD implement Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and 10.02.07. of the LDC, it will implement, and further Objective 8 of the Transportation Element. i-� lll N•\7M7V17_!11 S 1 no Prieto]PinPc Phacc•II 7rmino\MM PPvnnino\Rrictnl PinPc Phaca II Pi in rlaan 712115 1nr SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: n I-1 N•\7(1T79Y17_l11 51(7Q Rrictnl Pin>c Ph...TT 7nnin\M(ri Rrinnin\Rrictnl Prov,Phaco it PIM rinan 7_12115 dnr COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35,N.89°58'25"E., A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02°14'59"E.,A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT-OF-WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY,ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89°58'25"E. FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, S 02°15'20" E FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89°59'05"E. FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89'58'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02°14'19"E. FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID PLATTED BOUNDARY LINE S.89°58'02"W. A DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02°14'43"W. A DISTANCE OF 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, 5.89°57'59"W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. � I CONTAINING 1,856,282 SQUARE FEET OR 42.61 ACRES MORE OR LESS. I-2 N•\7M17V17_M c 1 no R.-krill Prove PhacP T7 7nnin\flf)fl@ Pb .ac,TT PT IT)r1Pan SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89°58'25" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000, 00205760006, and 00205600001) 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV. All reference to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than sixty percent of the proposed project site has been cleared and utilized for agricultural purposes. Three single-family homes and associated improvements are located on the project site that will eventually be eliminated with the development of the proposed subdivision. Historically, timbering and cattle grazing have occurred on the property. The property Y is generally without topographic relief, with elevations ranging from 12.5 feet to 16.3 feet above mean sea level. The water management system consists of approximately 4.4 acres of water management areas that will receive run-off from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal right-of-way. Allowable discharge rates shall be in accordance with Collier County Ordinance Number 90-10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development consisting of attached single- family housing in a townhouse configured, multi-unit building. Each unit is intended to be sold in fee simple, including the platted lot upon which the residential unit is located. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from Tree Farm Road. n ! I-3 N•\7(1l17V17_h1 ci AQ Rrictnl Pinac Pbac..ii 7nnin\( OTY2 RP,nnino\Rrictnl Pin>c Phaca TT P1 Rl,1>an 712174,1n. • That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to �-. commence construction in the fourth quarter of 2005, with completion programmed in the third quarter of 2007 (Capital Road Project#65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the `Bristol Pines Residential Planned Unit Development Ordinance". 1-4 N•\7f1/17V17_111 51 110 Rrictnl Pinne Phaco IT 7nnin\l11f71 Po-,nnin\Rrictnl Pinoc Phaco T1 PT In rloan 7-R-Rdn." SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this Document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. n, C. Unless otherwise noted, the definitions of all terms shall be the same as the defmitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of his petition will be subject to a concurrency review under the provisions of Chapters 6.02.00. and 10.02.07., Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit"A",RPUD Master Plan. II-1 N-\7N77V17_M S 1 !10 Rrictn1 P;noc Phaco Tl 7nn;nn\1W1(11 Poonn;n\Rr;ctnl P;noc Phaco ii PI ITl r1oan 7Jt1K rine TABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT "R" RESIDENTIAL 292 34.8 TRACT "RA" RECREATION AREA 0 2.7 TRACT "P" PRESERVE 0 5.08 TOTAL 292 42.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to tie various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 292 residential dwelling units may be constructed in the total project area. The gross project area is approximately 42.6 acres. The gross project density, therefore, will be a maximum of 6.85 dwelling units per acre. A density of more than 4.0 units per acre must be deseloped in accordance with an approved Affordable Housing Density Bonus Agreement(AHDBA). 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided by said Chapter prior to the issuance of a building permit or other development order, II-2 N.\/PM\117-(11 51 no Rrictnl PinPc PhacP IT 7nnin\l1MZ RP7nnin\Rrict.1 PinPC PhacP TT PT HI rlPan 752115 1n. except in the case in which individual residential units within a multi-unit building will be conveyed fee simple, including each individual lot. Deviation from Chapter 10.02.03. of the LDC. D. Common area maintenance shall be provided by a property owners' association to be established by the developer, whose functions shall include the provision for perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Bristol Pines RPUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. E. Single-family attached units shall be constructed following the development standards set forth in Table II of this Document. Each unit may be on a separate platted lot. The developer shall submit additional pages in the Improvement Plans required by Section 10.02.05. of the LDC to show typical lots, and typical footprints of the proposed attached single-family residences, including any anticipated accessory structures to the Planning Services Department. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall conform with the requirements of Section 22-122(a) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22-112(c) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards) of the total volume unless a commercial excavation permit is received. 2.7 RIGHTS-OF-WAY A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from Section 6.06.01(0). of the LDC, for cul-de-sac and local streets, LDC Appendix B-2 and 13-3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisons C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66, which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private, and shall be classified as local streets. B. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. n II-3 m•vml17Yo2_ni 1(1Q R,;etn1 PinPc Phac.1T 7nninn\1f l RPonnin\Rrictn1 Pinoc Pba..TT PITT-la-11.2n 1. Mc,Ing, C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 10.02.13.E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for and depicted on subdivision plats and SDPs for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of the Ordinance establishing the Bristol Pines RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC. 2.10 MODEL, SALES,AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Section 5.04.04. of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan application(s) for residential models, may be submitted together, and approved pursuant to Section 5.04.04.B.5.c. of the LDC, with applications for improvement plans and final subdivision plat, so as to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. 11-4 N•\7f fl)V17_fPl G 1 no Rrkt4N1 PinPc PhacP T1 7nnin\fNN12 PPonninn\Rrictn1 Pin>c PhacP 11 PT Til rls.an 731115 Anr C. The existing single-family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single-family structures shall be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use shall cease when the project is released to the control of the homeowners' association. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases,of the development,but not to exceed the project build-out date of December 31, 2007. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections, shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved site development plan, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of the LDC. II-5 74•\7/N-no_M c 1 f10 Rrictnl Pinpc Phac.11 7nnin n\(111111 Rv7nninn\RTictn1 Pinvc Phaca ii PT In'Apart 7-2115 rind- E. Fill storage shall not be permitted in Preserve Areas. F. Fill may be stored on site for the maximum length of time of twenty-four (24) months. This period may be extended through the written permission of the Planning Services Director. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of 5.08 acres (25% of the native vegetation on site) shall be retained or replanted. This is due to the fact that of the 42.6-acre project site, only 20.3±acres of the site is "native",by definition. The two preserves, Tract "P", contain a total of 5.08 acres. For the purposes of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of Collier County. The combined southwesterly and northwesterly preserve tracts will have approximately 1.96 acres of native vegetation re-created, and approximately 0.94 acres of enhancement to an existing oak canopy. Native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts two preserve areas that will be platted as a native preserve tract. These preserve areas depicted shall consist of retained native vegetation and replanted vegetation. Native preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the native preserves may be modified. However,the remaining native preserves shall not be less than 5.08 acres in total area. Refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C. of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Bristol Pines RPUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Phn, and applicable provisions of the LDC. II-6 71-14.17\A7-111 S1 110 lirionlPirope Phac>TT 7nnino\MY%Pc7nnin\Prictnl Pi., Phacg.1T PT Ill Apar.7.RJ S Anr SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, as well as project signage will occur within this Tract"R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall not exceed 292 dwelling units and shall be established at the time of development plan review. Those dwelling units classified as affordable housing shall be developed consistent with the project's Affordable Housing Density Bonus Agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from the RMF-6 Zoning District in effect as of the date of the adoption of this RPUD: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence). 2) Single-family detached dwellings. B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes (See Section 2.10 of this RPUD Document); Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. III-1 N•\7nf17V17_nl ci n0 Rrictnl P;nPc Phac,TT 7nn;no\PPM Pn,nn;n\Rrictnl P;nPC Pha CP ii PT Tll elan 7S21K ant- B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET /'\ MIN.DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A 1/2 BH whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S '/z BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN.DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or 1/2 BH whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH:Building Height III-2 74•\7lf17Vmn,Cl (10 nricfnl PinPc PhacP 11 7nnin\!1(1(11 RPonni,.\Rricfnl PinPc PhacP ii PT PI Apart 712115 Anr Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required, 20-foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence on lands (Collier County Folio Number 00206600000) lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. 4) A 15-foot wide setback shall be maintained from any residential structure to any project perimeter property line. 5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion, or all of the referenced sidewalk. III-3 N•\7M7V17_M ci no Prictnl Pinvc Abaci.TT 7nnin\M(12 RP7nnin\R,;etnl Pinee Mace TT PT in clean 7S211S Ane SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits,when required: A. Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of building permit application. IV-1 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 7-8-05.doc SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits,when required: A. Principal Uses: Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Passive recreational uses such as pervious nature trails, shelters or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses shall be subject to approval by the appropriate permitting agencies. V-1 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 7-8-05.doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. These commitments shall be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions shall be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignees in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 10.02.13.E. of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the developer. VI-1 N:\2002`02-0151.09 Bristol Pines Phase II Zonine0003 Rezoning\Bristol Pines Phase II PUD clean 7-8-05.doc 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Bristol Pines RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 10.02.13.E. of the LDC: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve area, except as provided for in Paragraph 6.3.C.2.a. above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations in effect at the time of the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision (if required), or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 7-8-05.doc 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.D. of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Section 10.02.13.F. of the LDC and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in two phases, and is anticipated to impact public facilities with permanent occupancy dwellings in early 2006. Recreation, including playground facilities, and clubhouse facilities shall be constructed simultaneously with the development of the residential product. A proportionate amount of the recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy (CO). 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting must be provided at all development access points. Access lighting shall be in place prior to the issuance of the first CO. C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapters 6.02.00., and 10.02.07. of the LDC, as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a right-of-way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. VI-3 N:\2002102-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 7-8-05.doc G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the opinion of Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right- of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. This project and all adjacent developments shall be encouraged to provide shared access or interconnections. The developer, or assigns, of this project, shall assure that any such shared access or interconnection will be utilized. The developer shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats. L. The developer shall provide a 10-foot wide shared use path along either the east or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff M. The developer, its successors and/or assigns, shall be responsible for mitigation for noise abatement, if and when it becomes warranted. Prior to turnover to the homeowners' association the developer shall notify the future homeowners' association of the obligation and shall be responsible to provide a warrant study if the development is located on a County arterial or facility which is anticipated to be improved as shown on the Transportation Division's Long Range Plan. N. On January 11, 2005, the Board of County Commissioners adopted a Developer's Contribution Agreement pertaining to the Developer's participation in the future improvement of Phase One of Tree Farm Road from Collier Boulevard to the intersection of Davila Street. O. The developer shall be responsible for the design cost of the proposed improvements to Phase Two of Tree Farm Road, from the Davila Street intersection to the intended intersection at Massey Road, not to exceed $150,000.00. VI-4 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 RezoningkBristol Pines Phase II PUD clean 7-8-05.doc 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules. C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 04-51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service of a proposed 16 inch force main along Collier Boulevard. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting sha 11 be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI-5 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 RezoningkBristol Pines Phase I1 PUD clean 7-8-05.doc B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. In the e\ent the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to the project homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible,natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a habitat management plan for those protected species, and/or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free)plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more freg1.>ently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. The RPUD shall be consistent with the Environmental Sections of the Collier County GMP, and the Collier County LDC in effect at the time of final development order approval. G. All approved agency (SFWMD, ACOE, FFWCC)permits shall be submitted prior to final plat/construction plan approval. H. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. VI-6 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 RezoningkBristol Pines Phase II PUD clean 7-8-05.doc 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, construction operation/management office and model center which may be constructed after zoning approval. 6.11 SIGNS All signs shall be in accordance with Chapter 5.06.00. of Collier County's LDC in effect at the time of site development plan approval. 6.12 LANDSCAPE BUFFERS, BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls shall be generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.02.B. to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B. of the Collier County LDC in effect at the time of building permit application. VI-7 N:\2002`02-0151.09 Bristol Pines Phase II Zoning\0003 RezonineBristol Pines Phase II PUD clean 7-8-05.doc 6.14 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. 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'1 Ei ! is ii J I I! + • ; ° i7 = 13 a I `, • qq1i �si±�;°`dili I IIi i4 ' i iF' !hi ESI __ _ I ` i! '+ JCvnq 133tl15 VINYy,�_- IJ_yJ II 9 L „ I Ian• ti ?1 , r �-. Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 3, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Special Treatment Permit No. ST-2004-AR-6366 Petition Name: Catarsi Single-Family Residence Applicant/Developer: Edward& Grace Catarsi Architectural Consultant: Barnett Design Studio, Inc. Environmental Consultant: Turrell & Associates, Inc. II. LOCATION: The subject property is a 1.47 acre parcel located on Keewaydin Island in Section 24, Township 51 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a single-family residence to the north and an undeveloped parcels to the south. ZONING DESCRIPTION N - A-ST Developed S - A-ST Undeveloped E - A-ST Water Channel W - N/A Gulf of Mexico IV. PROJECT DESCRIPTION: The petitioner is proposing to construct a single-family residence with septic tank and drainfield, solar generator/propane tank storage shed and chickee. Also on- site are an existing dock, boardwalk, wood deck and wood shed. The wood deck ,-.� and shed will be removed when the single-family residence is constructed. EAC Meeting Page 2 of 8 V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located within the Conservation Designated Area as identified on the countywide Future Land Use Map. The FLUE states, in part, "The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are authorized in this Designation. a. For privately held lands, single family dwelling units ... at a maximum density of one dwelling unit per five gross acres ... " [if the subject property is legally non-conforming, and that is the presumption, the density may exceed the 1 DU/5 acres] "h. Essential Services necessary to serve permitted uses identified ... above such as ... septic tanks." Based upon the foregoing, Comprehensive Planning staff is of the opinion that the subject request is consistent with the FLUE. Conservation & Coastal Management Element: The project as proposed is consistent with the Policies and Objectives of the Conservation& Coastal Management Element, for the following reasons: As required in Policy 6.1.4, all prohibited exotic vegetation, as defined by County Code, shall be removed from the site and the site shall be maintained free of exotics in perpetuity. The requirement for an Environmental Impact Statement (EIS)pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. EAC Meeting Page 3 of 8 Pursuant to Policy 7.1.2 (2)(h),projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety, in order to protect sea turtles that nest on Collier County beaches. Floodlights and landscape or accent lighting shall be prohibited. Objective 10.3: "Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced." Policy 10.3.2: "Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system." Policy 10.3.5: "Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program." Policy 10.3.6: "Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system." Policy 10.3.9: "Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate." Policy 10.3.13: "These policies shall be implemented through the existing"ST" zoning procedures." Policy 10.5.10: "Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function." Policy 10.5.12: "For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate." EAC Meeting Page4of8 The project is consistent with the Policies and Objectives in Goal 10 in that the natural function of the coastal barrier and native vegetation on the site are maintained, and any native vegetation impacted during construction will be re- planted on site. VI. MAJOR ISSUES: Environmental: Site Description: The subject property is undeveloped with an existing boardwalk and dock leading to the property from the adjoining mangroves and water channel to the east. Native habitats on-site include Mixed Hardwoods (FLUCFCS Code 438), Herbaceous Dry Prairie (FLUCFCS Code 310), Mangrove Forest (FLUCFCS Code 612) and beach environment. Wetlands: Jurisdictional wetlands occur on the eastern half of the property and consist of 0.33 acres of mangrove forest. These mangroves are part of a larger fringe of mangroves along the eastern side of Keewaydin Island. No impacts to wetlands are proposed with this project. Preservation Requirements/Site Alteration: Native vegetation preservation requirements pursuant to Policy 6.1.1 of the Growth Management Plan Conservation and Coastal Management Element and the Land Development Code do not apply to single-family residences situated on individual parcels. Special Treatment permits for single-family principal structures may be approved administratively when the proposed site alteration or site development is equal to or less than fifteen percent of the site. The proposed residence will alter less than fifteen percent of the total site and will be elevated on pilings. All native vegetation outside of the development footprint will be retained (or restored if disturbed during construction). Listed Species: A transect survey was performed to determine the presence of listed species. Three gopher tortoise burrows were located on the site. EAC Meeting Page 5 of 8 The gopher tortoise burrows will be marked and protected from construction activities. Occupied burrows within the house footprint will be excavated, if deemed necessary to avoid impact, and any tortoises found will be moved outside of the building footprint. Fencing will be placed around the construction zone to prevent tortoises from entering the construction area. The fencing will also serve to contain construction activities to a delineated area to help minimize impacts to surrounding vegetation. Consultation with the Florida Fish and Wildlife Conservation Commission will be initiated and pursued regarding activities concerning gopher tortoises, if relocation is necessary. Material and equipment will be delivered outside of sea turtle nesting season, if delivered from the beach side of the island. The beach and dune area will be fully restored after construction. VII. RECOMMENDATIONS: Staff recommends approval of Special Treatment Permit No. ST-2004-AR-6366 "Catarsi Single-Family Residence"with the following stipulations: Environmental: 1. Prior to the issuance of a certificate of occupancy(CO) all exotic vegetation, as defined in the Collier County Land Development Code, shall be removed from the property. 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 3. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Section 3.04.00 of the Collier County Land Development Code. 4. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Section 3.04.00, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. n �� EAC Meeting Page 6 of 8 5. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). A Coastal Construction Setback Line Permit (CCSLP) shall be submitted and approved by Collier County Environmental Services Department Staff,prior to the issuance of a Certificate of Occupancy. 6. Petitioner shall utilize only native southern Floridian species for all on-site landscaping. 7. Petitioner shall submit copies of all necessary agency permits (i.e. FFWCC for Gopher tortoise) prior to any site improvements or obtaining any building permits. Gopher tortoise fencing shall be installed around the construction site and documentation of installation of such fencing provided to Environmental Services Department Staff prior to issuance of a Collier County Building Permit. EAC Meeting Page 7 of 8 PREPARED BY: V2COS STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT I o s- 411111rICH E MOSCA DATE PRINCIPAL PLANNER COMPREHENSIVE DEPARTMENT REVIEWED BY: fildt-L 719-05- BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 62.4-hata_ S 4 GUiikeb, LOre t 2--/V-er WILLIAM D. LORENZ, aiel.E., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT Conservation Collier Camp Mteais surrounding Lands Map --, .r ' - . ,, k,t, ,., ', ` l'*1.„7-,,,t„,...„lillittL, 044ite,,,„*.-- ,... illi . ,.,- „:,„ . ..,1 _,_ , __ .7, , 110 ' '+.-i_l Ap•16' ,,-,. Nit eGA^ •*',w.n".,, z t+r Ma}4,.-,-,...,,,,4,-,,,,,c;,,,-,'„,„„ p fir{,.. . ; ',!.-,,,,N , T wy ' ill* f '*,;','„';.'i't � ,,4 t 111 Iti \It, s � �„^.,, � ��' �.r-"% V � '�„ mac.�....•^ i" ^•�. t� Mt_� d l'e�� ` g� -_Y �' i +: ;4M bra r s, � + { " . . '-',2-`,..‘ ..--„...‘y --— ',-;.. ,,,,,,., .- .-at ..„, t *-..- . '0.• .... ...A!„,',L,' , ''''...$4,„„ ,.! .,.. . f w-+i � ' ,•ta'" � r *4 ,° :7,'", a ` " .'' '. ks ' i,r.,- ; c � *ms,',p " z z , :1.*»• sv --$ •, ; � "' ,X FLORIDA PANTHER NATIONAL WILDLIFE REDUCE' °f _ .'�_� .$ ri Legend - Camp Keais tit , Collier County Roads N ` II iiiii Camp KeaConservation Land 1 I I is 0 0.5 1 Miles Section, Township, Range: Data Source:Parcels and 2003 aerials- Collier County Properly,4ppraiser Sections and 32, T S S, R 29 E Created BY: GIS ICDES(Environmental Services G:IConservation Collier 2002\IS CRI 3rdcyclelCK2z.mxd G:1Conservation Collier 2002\ !SCR 3rdcycle1C1i2x.jR9 CT County Date: 7.1.05 -- '� � , • � .-_ EAC DISTRIBUTION Copies needed Agenda: 25 Minutes: 20 Staff Report: 20 \2 Back-up: 11 �` ry / �\ Petition Packet 12 / V 9 EAC members Full packet - Send all back-up and extra material to the following staff: Barbara Burgeson Full Packet Marjorie Student, Attorney Full Packet Pat White, Attorney Full Packet✓ Bill Lorenz, Natural Resources Agenda, minutes, staff reportv' Kathleen Martinson Agenda, minutest Communications & Relations Agenda, message to post on 1st floor For Meeting 4 copies of Agenda, staff report✓ In Folder for meeting 10 copies of Agenda V% EAC Public Notebook Binder 1 whole packet (Originals) Send E-mail to the Following people-See Barbara Burqeson for list \L Joseph K. Schmitt Susan Murray e ` (d Stan Chrzanowski Kim Hadley 1\1 Laura Roys Tom Kuck July Minor Judy Puig Maura Kraus Mac Hatcher Steve Lenberger Rebecca Jetton John Boldt, Water Management Dept Bob Mulhere Cecilia Martin Steve Seal Ray Smith, Pollution Control Dept. Dir Ellie Krier Jean Merrit, Human Resources Dept Director of Public Information Maureen Kenyon, Minutes & Records Jim Delony and Ron Hovell Eric Staats, Naples Daily News Public Utilities Admin Karen Johnson, SFWMD Margaret Embildge, Bonita Bay Properties cpeck(c�sfwmd.gov Nancy Payton fwf(c�peganet.com Rvaler(cr�SFWMD.gov Nicole Ryan nicoler(cr�conservancv.orq Petitioner's Agent, see staff report Agenda, staff report Notice to Property Owners Agenda, staff report - MEMORANDUM Community Development&Environmental Services Division Department of Zoning and Land Development Review To: Commission Members and Staff From: Catherine Fabacher, Principal Planner, LDC Date: July 26, 2005 Subject: LDC Amendments 2005 Special Cycle 2a Attached please find the draft amendments to the Land Development Code for Special Cycle 2a, 2005. Please review for discussion at the Wednesday,August 3 meeting. Should you have any questions or need further information,please let me know. I can be reached at 403-2322 or catherinefabacher@colliergov.net Herbert Rosser Savage William W. Hughes Joseph K. Schmitt Dalas Disney Ken Humiston Susan Murray Robert Mulhere Judith M. Hushon Catherine Fabacher Frederick J. Reischl Erica Lynne, Ph.D. Patrick White Blair A. Foley Michael Sorrell Margie Student Charles Morgan Abbott Lee Horn David Weeks Clay Brooker Terrey Dolan Bill Lorenz David Dunnavant Nick Penniman Barbara Burgeson Jason Hamilton Mikes Iry Kraut Susan Mason Thomas Masters George Hermanson Peter Van Arsdale Justin Martin Brian E. Jones Marco Espinar I a d a a �cd d E-i x 0 0 0 0 0 00 M M 00 01 ani 0 En y W � N 0 a _- M CI ro W 0 /- 1 N g c) . . U 44 Z1 = "5:: 2",_,0 <4° <40b f) :i c4+40 1.coq) u G1 N MW g '5' N LuA y 0- ces co g W rd g 4 �rn d -cv CS 'Ti ami UA w H H H H i o U a.) a) a W.1 O � o 4o o 14 o � � °' E b E ed I ci .o -. 2 a� v) c4 2 a� A A v GA an .5 a) N x+ U U 0.l an .5 a) � x U U W N I.) o -a U E U0 5 o a) a)VT �r 1 V] 0 a.) O E b C, 273 < E Ocu N q Cy 0 CDU a) O • 4 = o U E �' 43E z z z q q qZ u, o Qp co a) o ., b "73 U a W i ct o U a) kr) P4 C 'O N c^ ' n � ° ai a) y' 3 = cn a) a) do w ° . - c4 to en �. a) . •. O� Q W ° -a �; c W a °�' en W ° o d tin cip Z U g a a, 4 o W $ a Z Q �, a o LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE# OR DATE: Cycle 1, 2005 LDC PAGE: LDC 2:33 LDC SECTION: 2.03.07 Overlay Zoning Districts LDC SUPPLEMENT#: 2 CHANGE: Adding implementing provisions for three (3) new TDR bonuses outlined in the GMP amendment CP-2004-4 transmitted by the BCC to the DCA for Objection, Recommendations, and Comments (ORC) on January 25, 2005. REASON: The GMP amendment is the result of a joint petition CP-2004-4 of the CBIA, The Florida Wildlife Federation, Florida Audubon and County staff at the direction of the BCC. FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.03.08 Rural Fringe Zoning Districts GROWTH MANAGEMENT PLAN IMPACT: Implementing LDC for TDR bonuses to be adopted in June 2005. OTHER NOTES/VERSION DATE: Draft provided by Marti Chumbler, Esq. of Carlton Fields,P.A. This version dated February 1, 2005, and modified April 5, 2005 and April 21, 2005 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * D. Special Treatment Overlay "ST". * * * * * * * * * * * 4. Transfer of Development Rights (TDR). * * * * * * * * * * * TAL#540912.1 1 l ) c. TDR credits from RFMU sending lands: General Provisions i. Creation of TDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: #of acres x 0.2=#of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number,the number of TDR credits created shall be rounded to the nearest 1/100th. ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each 1'DR credit severed from that RFMU sending land for which a Restoration and Management Plan(RMP)has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A. and B. 3) The RMP shall provide financial assurance,in the form of a performance surety bond or similar financial security,that the RMP shall remain in place and be performed,until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County, state, or federal agency as provided in b)below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County. b) Conveyance Bonus credits. Conveyance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state,or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a)above. TAL#540912.1 c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5,2005,until three years after the adoption of this regulation. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non-RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TDR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: #TDR credits generated from property x%property subject to an approved RMP b) Conveyance Bonus credits are calculated as follows: #TDR credits generated from property x%property subject to an approved RMP and conveyed as provided in ii.b)above. c) Early Entry Bonus credits are calculated as follows: #TDR credits generated within Early Entry period x 1. iv Receipt of TDR credits or TDR Bonus credits from RFMU sending lands. TDR credits or TDR Bonus credits from RFMU sending lands may be transferred into Urban Areas,the Urban Residential Fringe, and RFMU receiving lands, as provided in Sections 2.03.07. (4)(d)and(e)below. v. Prohibition on transfer of fractional TDRS credits and TDR Bonus credits. While fractional TDR credits and TDR Bonus credits may be created, as provided in (ii)above, TDR credits and TDR Bonus credits may only be transferred from RFMU sending lands in increments of whole,not fractional, dwelling units . Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. i vi. Prohibition on transfer of development rights. a)Neither TDR credits nor TDR Early Entry Bonus credits shall not be transferred generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property,with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5, 2004, until [the effective date of this provision'. b)Neither TDR credits nor any TDR Bonus credits shall not be transferred generated from RFMU sending lands that were cleared for agricultural TAL#540912.1 operations after June 19,2002,for a period of twenty-five(25)years after such clearing occurs. d. Transfer of development rights from RFMU sending lands to non-r- t RFMU receiving areas. i. Transfers to urban areas. a) No change. b) Development-s which meet the residential infill conditions i)through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU district Sending Lands. ii. Transfers to the urban residential fringe. TDR credits and TDR Bonus credits may be transferred from RFMU sending lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate of to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. e. Transfers from RFMU sending lands to RFMU receiving lands . i. Maximum density on RFMU receiving lands when TDR credits are transferred from RFMU sending lands . a) No change. b) The density achievable through the transfer of TDR credits and IDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural villages and sections 2.03.08 (A),(2),(b),(3)(b) and 2.03.08 (A),(2),(b),(3)(c)(i) inside of rural villages . ii. Remainder uses after TDR credits are transferred severed from RFMU sending lands . Where development rights have been transferred severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. f. Procedures applicable to the severance and transfer of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. i. General. Those development-s that utilize such TDR credits or 1'DR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. aj The transfer severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require the further approval of the County if the Coun determines that information demonstratin. corn Iliance with all of the criteria set forth in ii.a)below has been s submitted. However, those development-s that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, TAL#540912.1 including but not limited to those applicable to site development plans,plat approvals, PUDs, and DRIs. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. ii. County-maintained central TDR registry. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR credit and TDR Bonus credits purchases, sales, and transfers, as well as a central listing of TDR credits and TDR Bonus credits available for sale and purchasers seeking TDR credits or TDR Bonus credits. No 1DR credit and 1'DR Bonus credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) No change. * * * * * * * * * * * b) TDR Bonus credits shall not be used to increase density in either non- RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TDR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. An sendin. lands from which TDR credits have been severed ma also be used for miti•ation .ro' ams and associated miti.ation activities and uses in con'unction with an coun _ state or federal .ermittin.. Where the Environmental Restoration and Maintenance Credit is a..lied for sendin' lands that are also bein• used title or easement for miti•ation for .ermits or a..rovals from the U. S. Arm Co .s of En•ineers U. S. Fish and Wildlife Service Florida Des artment of Environmental Protection Florida De artment of Environmental Protection Florida Wildlife Commission or the South Florida Water Mana'ement District the Coun shall acce.t as the RMP for the sendin. miti.ation lands the TAL#540912.1 (S) restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. h) c A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that portion of the development that is the subject of the site development plan or subdivision plat; and ii)No change. e) The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus credits needed for the development and of recordation of the TDR credit and TDR Bonus credit Certificates for all such TDR credits and TDR Bonus credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DRI. E) Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severance of the TDR credit from RFMU Sending Land. The County TDR Registry shall maintain a record of all TDR credits,to include a designation of those that have been expended. f) Each TDR Bonus credit shall have an individual and distinct tracking number, which shall be identified on the I'DR Certificate and which shall identify the specific TDR credit associated with the TDR Bonus credit. The County TDR Registry shall maintain a record of all TDR Bonus credits, to include a designation of those that have been expended. g) The County bears no responsibility to provide notice to any person or entity holdin' a lien or other securi interest in Sendin' Lands that TDR credits have been severed from the 'rose or that an al•lication for such severance has been filed. g. Proportional utilization of TDR credits and TDR Bonus credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits. All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall require that the rate of TDR credit and TDR TAL#540912.1 •` Bonus credits consumption be reported through the monitoring provisions of sections 10.02.12 and 10.02.07(C)(1)(b)of this Code. • TAL#540912.1 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger, Comprehensive Planning DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE#OR DATE: Cycle 1, 2005 LDC PAGE: LDC 2:62 LDC SECTION: 2.03.08 Eastern-Lands/Rural Fringe Zoning Districts LDC SUPPLEMENT#:New CHANGE: Implementing provisions for the update and corrective GMP amendment known as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. Also, further implementing LDC for the TDR bonuses and Rural Villages amendment CP-2004-4 transmitted to DCA for ORC on January 25, 2005. REASON: Required LDC to implement the "glitch" amendments and the forthcoming TDR bonuses and RuralVillages amendment to be adopted in June 2005. FISCAL& OPERATIONAL IMPACTS:None RELATED CODES OR REGULATIONS: 2.03.07 Overlay Zoning Districts GROWTH MANAGEMENT PLAN IMPACT: Implements the TDR program and RFMUD of the GMP OTHER NOTES/VERSION DATE: This draft provided by Marti Chumbler, Esq., Carlton Fields, P. A. This version updated February 24, 2005, and modified April 5, 2005, and April 21 2005 Amend the LDC as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District(RFMU District) * * * * * * * * * * * * 2. RFMU RECEIVING LANDS. a. OUTSIDE RURAL VILLAGES * * * * * * * * * * * TAL#540913.1 (2) Maximum DENSITY. (a) No change. (b) Additional DENSITY i. Additional Density Allowed Through the TDRS Process. Outside of RURAL VILLAGES, the maximum DENSITY achievable in RFMU RECEIVING LANDS through the TDR preeess credits and TDR Bonus credits is one (1) dwelling unit per acre. a)—c) No change ii. Additional DENSITY Allowed Through Other Density Bonuses. Once the-maximum a DENSITY of one (1) unit per acre is achieved through the use of TDRs credits and TDR Bonus credits, additional DENSITY may be achieved as follows: a -b) No change. (3) Allowable Uses i. —x. No change xi. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects . ' . - : - - . - _ set forth in the density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Density Rating System of the FLUE, including free standing golf courses: , - -- - - ., - a`` itienl d1elli t one TDR credit shall be required per additional five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The TDR credits used to entitle golf course development may also be used to entitle dwelling units within the same project or a future modification of the same project. At such time as the County approves a golf course development, evidence of sufficient TDR credits must be provided to the County. Those TDR credits shall then be designated as restricted and shall thereafter be available for use only to entitle residential density within the same project or a future modification of the same project. For the purposes of this provision, subsequent development shall be deemed to be the same project when they are part of a unified plan of development and are physically proximate to one another, as those terms are defined for purposes of section 380.0651(4), Florida Statutes. TAL#540913.1 i b) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of 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. c)—g) No change xii. Public .. . . . - - .. , . . - . , - _ ' - . educational plants and ancillary plants. a) Site area and school size shall be subject to the General b) The Site must comply with the STATE REQUIREMENTS FOR EDUCATIONAL FACILITIES adopted by the State Board of Ed„ r - • ., _ . . . . .. regulations. xiii. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats,where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed,the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through(12), F.A.C. xiv. Park, open space, and recreational uses. TAL#540913.1 1 0 xv. Private schools. (b) No change. (c) CONDITIONAL USES. No change. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 14, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed,the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1)through(12), F.A.C. ii. —ix. No change. (4)—(6) No change. b. RURAL VILLAGES. No change (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08-(A)_(23,(a)_(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08 (A3_{23,{a),(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. (c)—(e) No change. (2) (a) No change. (b) i. —vi. No change vii. Civic Uses and Public Parks — Minimum of 4-5% 10% of total rural village acreage. (3) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per gross acre, except TAL#540913.1 that the minimum DENSITY within a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) No change. (b) Minimum DENSITY. For each TDR CREDIT for use in a RURAL - • e a _ . The minimum gross DENSITY of in a RURAL VILLAGE is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. i. For each TDR CREDIT used to achieve the minimum required density in a RURAL VILLAGE, one RURAL VILLAGE BONUS CREDIT shall be granted. RURAL VILLAGE BONUS CREDITS may only be utilized in RURAL VILLAGES and shall not be available for use once the minimum required density is achieved. ii. The minimum DENSITY shall be achieved through any combination of TDR CREDITS, RURAL VILLAGE BONUS CREDITS, and TDR BONUS CREDITS. (c) Maximum DENSITY. A developer may achieve a The maximum gross DENSITY - - . . -- . .. . .• : ! - , - . . . . - .. •- of allowed in a RURAL VILLAGE is 3.0 units per acre;. The maximum DENSITY shall be achieved through any of the following means, either in combination or individually: i. TDR CREDITS; ii. TDR BONUS CREDITSti Renumber ii. through iv. to iii. through v. (4) Other Design Standards (a) Transportation System Design. i. No change. ii. Each RURAL VILLAGE shall be served by a primary binary-road system that is accessible by the public. Neighborhood Circulator, Local Residential Access and Residential Loop roads may and no roads shall not be gated. The primary roads system within the RURAL VILLAGE shall consist of Rural Major Collectors at a minimum and be_designed to meet County standards and shall be dedicated to the public. iii.-xiv. No change. xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shall be demonstrated through a shared parking analysis submitted with the SRA designation application as part of the rural village PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking TAL#540913.1 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. xvi-xvii. No change. (b)—(d) No change (5) No change. (6) GREENBELT. Except within the NBMO RURAL VILLAGE, a GREENBELT averaging a minimum of 500 300 feet in width,but not less than 300 200 feet in width at any location, shall be required at the perimeter of the RURAL VILLAGE. The GREENBELT is required to ensure a permanently - undeveloped edge-surrounding the RURAL VILLAGE,-thereby discouraging sprawl. GREENBELTS shall conform to the following: (a)—(d) No change. (7) OPEN SPACE: Within the RURAL VILLAGE, a minimum of 7-0%40% of OPEN SPACE shall be provided, inclusive of the GREENBELT. (8) No change. 3. NEUTRAL LANDS. No change. a. ALLOWABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. (a)—(j) No change. (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of 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. ii. -vi. No change. (1) Public :., ' . - - -- - - , - ' � - - - : educational plants and ancillary plants. _ e . . • TAL1540913.141) • * . • _ • ::. . . • (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [effective date of this provision] regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through(12), F.A.C. n. Park, open space, and recreational uses. o. Private schools. (2) No change. (3) CONDITIONAL USES. No change. (a)—b. (c) Multi-family residential structures, subject to the following development standards: ci) Building height limitation: 2 stories (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center; iii) Setbacks: 50% of the height of the building, but not less than 15 feet Renumber (d) to (e). (e) (f) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a TAL#540913.1 state permit in 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 activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S.,to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-34-005(2)(a)(1)through(12), F.A.C. - Renumber(f)to (g). b.-e. No change. 4. RFMU SENDING LANDS. No change. a. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right (a)-(f) No change. (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1)through(12),F.A.C. (2) No change. (3) CONDITIONAL USES. TAL#540913.1 (a)—(b) No change. (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (d) No change. b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED (1) Uses Permitted as of Right (a)—(g) No change. (h) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and TAL#540913.1 protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1)through(12), F.A.C. (i) Mitigation in conjunction with any County, state, or federal permitting. (2) CONDITIONAL USES (a) No change. (b) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [the effective date of this provision]S regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30,F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed,the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42,F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1)through(12), F.A.C. (c) No change. c. —e. No change. 5. No change. C. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 1.—4. No change. 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) DENSITY. (a) No change. (b) This DENSITY may be increased,through TDR CREDITS and TDR BONUS CREDITS, up to a maximum of 1 dwelling unit per gross acre. (c) Once a DENSITY of 1 dwelling unit per gross acre is achieved through TDR CREDITS and TDR BONUS CREDITS, additional density may be achieved as follows: i. —iii. No change TAL#540913.1 (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2001 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurs by June 19, 2004 2005, or such other date as the GMP is amended to provide: i. No change. ii. the mine operator commits to construct a private haul road by June 19, 2006 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (c) No change. (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands,whether inside or outside of a RURAL VILLAGE. However., any GREENBELT that is provided in a NBMO RURAL VILLAGE shall be included in the calculation of open space. (4) NBMO RURAL VILLAGE. No change. (a) DENSITY. No change. i. The minimum required DENSITY shall be achieved through TDR CREDITS, TDR BONUS CREDITS, and RURAL VILLAGE BONUS CREDITS, as provided in section 2.03.08 (A),(2)0),.(3)(C). ii. Once the minimum required DENSITY is achieved, additional DENSITY may be achieved, up to the maximum of three (3) DWELLING UNITS per gross acre through any one or combination of the following: a) TDR CREDITS; b) TDR BONUS CREDITS; Renumber b)through d) to c)to e). b. No change. TAL#540913.1 LDC Amendment Request ORIGIN: AUTHOR: Marjorie Student-Stirling DEPARTMENT: County Attorney's Office AMENDMENT CYCLE# OR DATE: Cycle 2,2005 LDC PAGE: LDC10:134 LDC SECTION: 10.02.13 Planned Unit Development(PUD)Procedures LDC SUPPLEMENT#: Supplement 1 CHANGE: PUD expiration and retirement of excess numbers of dwelling units. REASON: These processes are necessary to enable the County to plan effectively for realized transportation impacts to be evaluated by the concurrency management system (CMS) so that an orderly process of land development may continue in a predictable sequence with manageable confidence levels of the regulatory risks of a stoppage of approvals for indeterminate time periods. FISCAL& OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: July 1, 2005 Amend the LDC as follows: 10.02.13 Planned Unit Development(PUD) Procedures D. Time limits for approved PUDS. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in section 10.02.12 of this Code as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: * * * * * * * * * * * * * 8 PUD expiration and retirement of excess numbers of dwelling units. a. Purpose and intent. There is hereby established a process to evaluate all existing lawfully approved planned unit development (PUD) zoning districts to determine the actual number of residential units that have been built and the actual number of residential single-family lots that have been platted as contrasted with the number of residential dwelling units approved by the particular PUD zoning ordinances. This process shall provide a means to reduce the number of approved residential dwelling units to the actual number that have been built or for which single family residential lots have been platted. There shall also be a process to establish an expiration date for further residential development in new PUD zoning districts and for those existing PUDs for which a PUD amendment is being sought. These processes are necessary to enable the County to plan effectively for realized transportation impacts to be evaluated by the concurrency management system (CMS) so that an orderly process of land development may continue in a predictable sequence with manageable confidence levels of the regulatory risks of /'1 a stoppage of approvals for indeterminate time periods. b: Applicability. This section of the LDC shall apply to all PUD Zoning Districts within the unincorporated areas of Collier County except as provided by subsection 10.02.13.D.8.d. c: Definitions. For purposes of this Section of the LDC, the following definition shall apply: Built-out PUD—Any PUD Zoning District where all areas set aside for residential development on its Master Concept Plan have been completed either in the form of: residential dwelling units that have been constructed and received a certificate of occupancy; are under construction pursuant to a lawfully issued building permit; or lots that are part of a subdivision that has received final plat approval from the Board of County Commissioners. d: Exemptions. The following are exempt from the provisions of this Section of the LDC: PUD Zoning Districts that have also received Development of Regional Impact (DRI) approval pursuant to Section 380.06, Florida Statutes and which /'1 development orders have not exceeded the date until which the DRI is not subject 20 to unit density reduction established in the development order pursuant to subsection 380.06 (15)(c) 3, Florida Statutes. Built-out PUDs that have developed to the maximum number of residential dwelling units authorized by the regulations for the particular PUD zoning district. PUD zoning districts where the authorized number of residential dwelling units exceed the number of residential dwelling units actually constructed or single- family lots actually receiving final subdivision plat approval which excess units have been retainedby a Master Property Owners' Association, or like entity, pursuant to restrictive covenants or like documentation recorded in the Official Records of Collier County,Florida. PUD zoning districts consisting of residential dwelling units which have been determined to have vested rights pursuant to Section 9.02.01 of the LDC. e: Expiration date. All PUD zoning regulations for new PUD Zoning Districts with a residential component are required to establish an expiration date for all residential development. No further residential development shall be authorized after the expiration date established by the PUD zoning regulations. A PUD zoning ordinance may be amended prior to the expiration date to extend such date. Any such amendment shall follow the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. An expiration date shall be required for all PUD Zoning Districts for which a PUD amendment has been applied for as of[effective date of this ordinance]. The passage of the expiration date for a PUD Zoning District shall not affect the ability of a property owner to re-build, remodel or otherwise make additions to his/her residence including but not limited to, swimming pools, fences, pool and lanai cages and the like. Once the residential component of a PUD Zoning District is turned over to a homeowners' association, the passage of the expiration date for the PUD Zoning District shall not affect the right of a property owner to build on his/her platted but unimproved lot within that particular PUD Zoning District. f: Requirements for existing PUD zoning districts that have not been turned over to the Property Owners'Association. Prior to the turn over of a PUD development to the Master Property Owners' Association, or like entity, the developer shall apply for a PUD amendment for the purpose of adjusting the number of residential dwelling units from the number authorized by the PUD zoning regulations to the number of residential units actually constructed and/or the number of single- family lots for which final subdivision approval has been granted. This amendment process shall be the same as the PUD amendment process set forth in Subsection 10.02.13. B of the LDC. g: Process for amending existing built-out PUD zoning districts. Establishment of planning review communities: The 12 planning communities established by Subsection 106-42(a) of the Collier County Code of Laws and Ordinances is hereby established for the purpose of evaluating built-out PUDs. The built-out PUD zoning districts in each planning community shall be the subject of a single comprehensive ordinance amending the number of the authorized residential dwelling units from the number currently allowed by the PUD Zoning District to the actual number of units actually constructed, or under construction together with the number of lots for which final subdivision plat approval has been obtained. Such comprehensive PUD amendments shall be made on a planning community by planning community basis, commencing with the first planning community and proceeding successively until the built-out PUD zoning districts subject to this Section of the LDC have completed the amendment process. Planning staff evaluation: The County Manager, or designee, shall review each built-out PUD zoning district to determine the number of residential dwelling units constructed, or under construction together with the number of single family residential lots that have received final plat approval as compared to the number of residential dwelling units authorized by the PUD ordinance. Staff shall have days to perform the review. The review shall be made on a planning community by planning community basis. In conducting the review, staff shall also consider the exemptions set forth in Section 10.02.13 .D.8.d of the LDC. Staff shall prepare a report containing the correct number of residential dwelling units recommended for each built-out PUD pursuant to this process. Notice to the Master Property Owners' Association: Within days of completing its report, the County Manager, or designee, shall notify the Master Property Owners' Association, or like entity, of the staff findings and that the PUD ordinance shall be amended consistent with the staff report. Notice to all property owners within the PUD: Within days of completing its report, the County Manager, or designee, shall notify each person, or entity, owning property within the PUD of the staff findings and recommendations for PUD amendment. Form of notice: The notices required by subsections 10.0213.D.8.g.3 and 4 above shall be by certified USPS mail return receipt requested sent to the address shown on the then current year's tax roll on file in the Tax Collector's records. Objections to proposed PUD amendment: Any affected property owner or the property owners' association may submit written objections to the County Manager, or designee, no later than 60 days after receipt of the notification ,1 referenced in subsections10.02.13.D.8.g.3 and 4 above. 0 PUD amendment process: Planning staff shall initiate amendments to the various built-out PUD zoning district regulations consistent with the recommendation set forth in its report. The notice, advertising and public hearing process shall be the same as for the regular PUD amendment process, set forth in Section 10.02.13 of the LDC, except that no neighborhood information meeting, pursuant to Section 10.02.13 of the LDC, shall be required. The PUD amendment process shall be initiated within days of the close of the time period allowed for property owner objections and consideration by staff. h: Vested rights and takings claims. Any affected property owners' association or property owner who claims vested rights or a taking of private property rights that would result from implementation and application of this section shall follow the process set forth in Section 9.02.00 of the LDC. is Effect of moratorium. The completion date time frames referenced in Subsection 10.02.13.D.8.e of the LDC shall be tolled for the same time the County adopts any regulation imposing a moratorium affecting development within a particular PUD zoning district. The period shall be the same as the duration of the moratorium regulation. * * * * * * * * * * * * MEM NDUM Community Development&Environmental Services Division Department of Zoning and Land Development Review To: Environmental Advisory Committee Members From: Catherine Fabacher, Principal Planner, LDC Date: July 26, 2005 Subject: LDC Amendments Cycle 2, 2005. Attached please find the draft amendments to the Land Development Code for Cycle 2,2005. Please review for discussion at the Wednesday,August 3 meeting at 9:00 a.m. In the interest of saving time, staff has highlighted in grey the proposed amendments that would seem to be of greatest interest to Environmental Advisory Committee(EAC)members. In contrast to past cycles, when Land Development Code Amendment (LDCA) requests were grouped into three sections, this cycle's amendments are listed in numerically ascending order on one summary table. As in past cycles; however, LDCA requests are divided into three categories: NEW LDCA requests result in regulatory change; while Omissions and Clarifications consist largely of "clean up"matters as a result of the re-codification process and unclear language. Should you have any questions or need further information, please let me know. I can be reached at 403-2322 or catherinefabacher@colliergov.net William W. Hughes - Chair I Bill Lorenz Ken Humiston-Vice Chair Barbara Burgeson Judith M. 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Q cn c/5 Ge CD cci t-i U�,1N O": r% d"Z p a Q cn 0 N N A U , NU N ' c) ., 14 P:1 Cid 0 0 E � ~ -o N'C 0-4 U 5 U 5 C/) U o U o 0 a 8 tz4u°N '"u N E U ^U Q On s o C N CL) � y O N V. •� U z �, 1j11 35UN c wo A a.) ilH ' oc0Uagckto3 -: dap; cl 4-4 N r+ 0CA g ell G) c N N + O v U Q cn U 1'-' /'"' t-\ in 0 0 N In N U ti U N PQ -4--) N � V v4 0:1 Cd E o 0 E 4-, � � cd = N U505CA ra, C/) U oU o P4 I) E N o 0 CO 4.C EU U 3 ..st Le) 114eo N Q 0 u N . o Q 0U fl a)rV � zo U E o Sai U O Wg ' j U 1L/ -9 o 0 o cn A, - O +� • ''' +, '"' p P•1c0 4-1 0U U U A °' o Ln N 0 o0 0 C/) o o w Q 0 u A LDC Amendment Request ORIGIN: CDES AUTHOR: Fabacher DEPARTMENT: Zoning&Land Development Review AMENDMENT CYCLE #OR DATE: Cycle 2,2005 LDC PAGE: LDC1:11 LDC SECTION: 1.08.02 Definitions LDC SUPPLEMENT#: Supplement 1 CHANGE: To change the current definition;which seems somewhat unclear. REASON: Definition was altered during re-codification and meaning is confusing. FISCAL& OPERATIONAL IMPACTS: Tightens up interpretation everywhere the term appears in the LDC RELATED CODES OR REGULATIONS: Anywhere the term appears in the code. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: July 21, 2005 Amend the LDC as follows: Section 1.08.02 Definitions Abut or abutting: To share a common property line or boundary at any one point. Accent lighting: Strands or tubes of lighting that outline a structure, or to maintain a common architectural theme to attract attention to any business, service, or other related functions. Access: The means or place of ingress and egress,by pedestrian or vehicle,to a lot or parcel. Access waterways: A waterway which is developed or constructed in conjunction with the division of real property for the purpose of providing access by water to lots within a subdivision. (See Chapters 4 and 10). Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also Adjacent: To share a common property line or boundary, or to be separated by a public right of - -- Lying near or in close proximity to; sometimes abutting or being directly across a street, alley, other rights-of-way or waterways. 0 LDC Amendment Request ORIGIN: AUTHOR: C. Fabacher DEPARTMENT: Zoning&Land DeveWment Review AMENDMENT CYCLE # OR DATE: Cycle 2,2005 LDC PAGE: LDC1:20 LDC SECTION: 1.08.02 LDC SUPPLEMENT#: Supplement# 1 CHANGE: Supplement definition of Floor Area Ratio (FAR) to exclude parking areas within the building from the calculation of FAR. REASON: This exclusion was part of the LDC prior to re-codification; however, the r exclusion of interior building parking area from calculation of FAR was omitted during the re- codification process. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Existing definition of FAR GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: June 6, 2005 -initial Amend the LDC as follows: Floor area ratio (FAR): A means of measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross land area. See Figure 5. The gross floor area of a building, or any portion thereof, designed and designated for a parking facility shall not be included in the calculation of floor area ratio. LDC Amendment Request ORIGIN: Zoning &Land Development Review AUTHOR: Gochenaur/Fabacher DEPARTMENT: - Zoning&Land Development Review — AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC1:23 LDC SECTION: 1.08.02 Definitions LDC SUPPLEMENT#: 1 CHANGE: Definition of lot width measurement is being clarified and simplified from old definition and re-inserted into new code. REASON: Definition omitted during re-codification FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created June 7, 2005. Amend the LDC as follows: 1.08.02 Definitions Lot measurement, depth: The distance measured from the front lot line to the rear lot line, when the lot is rectangular. The average of the lengths of two side lot lines measured from the front lot line to the rear lot line, when the lot is irregularly shaped. Lot measurement, width: Width of a lot shall be considered the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. LDC Amendment Request ORIGIN: Z&LDR Staff Request AUTHOR: CAF&RG DEPARTMENT: Zoning&Land Development Review AMENDMENT CYCLE #OR DATE: Cycle 2,2005 LDC PAGE: LDC 1:25 LDC SECTION: Section1.08.02 LDC SUPPLEMENT#: Supplement 1 CHANGE: Returning definitions for different types of restaurants to the current LDC to clarify parking requirements. REASON: Omitted during Re-codification. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: Amend the LDC as follows: Section 1.08.02 Definitions: Restaurant, drive-through: A fast food facility with one or more drive-through lanes where food is ordered through a speaker phone and a menu board located in the drive-through lane. This type of facility has no indoor seating or food ordering but may have walk-up windows and/or outdoor seating. Restaurant,fast food: An establishment where food is prepared and served to the customers in an ready to consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises and having any combination of two or more of the �` following characteristics: a. A limited menu, usually posted on a sign rather than printed on individual sheets or booklets. b. Self-service rather than table service by restaurant employees; c. Disposable containers and utensils, d. A kitchen area in excess of 50% of the total floor area; or e. A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purposes of this Land Development Code. Restaurant, sit-down: A restaurant where food is ordered from a menu normally while seated at a table, and where table service is provided. Cafeterias are deemed sit-down restaurants for the purposes of this Land Development Code. Restaurant, walk-up: A fast food facility with one or more walk-up windows. This type of facility has no indoor eating or drive-through windows, but may have outdoor seating. LDC Amendment Request ORIGIN: AUTHOR: Kay Deselem DEPARTMENT_ Zoning& Land_Development_Review _ AMENDMENT CYCLE# OR DATE: Cycle 2,2005 LDC PAGE: LDC LDC SECTION: Section 1.08.02 and 2.04.03 LDC SUPPLEMENT#: Supplement 1 CHANGE: Amending the conditional uses in the Rural Agricultural District "A" to add Sporting and Recreational Camps (SIC 7032) that was omitted (LDC Section 2.2.2.3.20) during re-codification. REASON: Prior to re-codification, the LDC allowed Sporting and Recreational Camps (LDC Section 2.2.2.3.20) as a conditional use in the Rural Agricultural District A. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: July 20, 2005 Amend the LDC as follows: 1.08.02 Definitions Sporting and recreational camps: A facility, public or private, which may offer permanent or temporary shelters such as cabins or tents and is primarily engaged in providing camping, sporting or other recreational activities. Examples of sporting and recreational camps shall include boys' and girls' camps, hunting camps, fishing camps, or summer camps. 2.04.02 Table of Land Uses in Each Zoning District Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses 0 c-tsw 17-..1S11 £dS21 Z.fS?I I-dS11 V 01 U aPoj DIS iy N N M .-+ -4 - p\ S N o n- M M U I p ami 'd U U U O ». 9 C UY. 5 zzsa+ U o a+ vw a ai s. ai • ai E II II O o oo o hi V � /-**\ 6 ' LDC Amendment Request ORIGIN: AUTHOR: Catherine Fabacher, Principal Planner, LDC DEPARTMENT: Zoning&Land Development-Review AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC1:29 LDC SECTION: 1.08.02 Definitions LDC SUPPLEMENT#: CHANGE: Addition of definition of"yard,waterfront." REASON: Omission from Re-codification. FISCAL & OPERATIONAL IMPACTS: Provides clarification to staff and customers on where setback begins on waterfront lots. No fiscal impact. RELATED CODES OR REGULATIONS: Section 4.02.03 A. — Table 4 Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Loth. GROWTH MANAGEMENT PLAN IMPACT: None, as this is an omission from re- codification. OTHER NOTES/VERSION DATE: June 15, 2005 Amend the LDC as follows: Section 1.08.02 Definitions: * * * * * * * * * * Yard,.. waterfront: The required open space extending along the entire waterfront property with depth measured from property line,bulkhead, shoreline, seawall, mean high water(MHW)mark or access easement; whichever is the most restrictive. Waterfront property is hereby defined as property abutting on the Gulf of Mexico,bays, bayous, navigable streams and on artificial canals., lakes or impounded reservoirs. For the purposes of this ordinance,the minimum setback for any principal or accessory structure adjacent to the water shall be the same as the setback specified for the side or rear yard, as the case may be, in the particular zoning district. However,these setbacks shall never be less than 10 feet for any structure, unless specifically provided for in section 4.02.03 A.—Table 4 Dimensional Standards for Accessory Buildings and Structures on /'1 Waterfront Lots and Golf Course Lots. * * * * * * * * * * • * LDC Amendment Request ORIGIN: Environmental Services Department, Conservation Collier Program AUTHOR: Alexandra J. Sulecki DEPARTMENT: Environmental Services AMENDMENT CYCLE# OR DATE: Cycle 2, 2005 LDC PAGE: LDC 1:16 and LDC2:5-LDC2:7 LDC SECTION: 1.08.02 and 2.01.03 LDC SUPPLEMENT#: Supplement 1 CHANGE: Conservation Collier lands are added specifically as an essential service, as they are government acquired and developed facilities for the welfare of the public. Conservation Collier sites with minor improvements (i.e., a pervious parking lot with 20 or less spaces, public restrooms of less than 500 square feet, a pervious walking trail and one ground sign) are added to essential services permitted by right in all zoning districts. Conservation Collier lands with major improvements (e.g., nature center, public restrooms, equestrian paths, hiking/biking trails and off site directional drilling for oil and gas extraction) are added to essential services as a conditional use in all zoning districts. REASON: To facilitate the development of government facilities for the preservation, conservation and limited nondestructive public access to natural resource habitat and native plant communities and animal species. FISCAL & OPERATIONAL IMPACTS: This amendment will shorten the process of providing public access to Conservation Collier lands by allowing such uses and minimal improvements as are necessary and appropriate in all zoning districts. RELATED CODES OR REGULATIONS: Ordinance 2002-63 GROWTH MANAGEMENT PLAN IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Accessibility and appropriate use of conservation and open space lands by citizens is consistent with and supports Goal 1, Objective 1.3 and Policy 1.3.1 of the Recreation and Open Space Element. OTHER NOTES/VERSION DATE: This version created on June 14, 2005. June 22, 2005 DW PTh Amend the LDC as follows: 1.08.02 Definitions Conservation Collier lands: Lands acquired by Collier County under the Conservation Collier Program for the purposes of conservation, preservation and provision-of public greenspace. Parking areas, nature centers, educational kiosks hiking and/or biking trails, equestrian paths, canoe and kayak launch sites, signs and public restrooms may be constructed on these lands so that citizens and visitors may enjoy nondestructive, natural resource-based types of recreational and educational activities in a manner that will continue to conserve and protect habitat including native plant communities and wildlife species. 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands,NRPAS, HSAS,AND FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines,telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the 12 County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings. 9. Conservation Collier lands which provide for permitted nondestructive, natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign,, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed 500 square feet. B. Permitted essential services IN CON districts, RFMU sending lands, NRPAS, HSAS, AND FSAS. 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP . e. Conservation Collier lands which provide for permitted nondestructive, natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20)parking spaces; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed 500 square feet. Q C. Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services ---- -identified above in section 2.01-:03-A1, the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2.01.03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement,fire, and emergency medical services. F. Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighborhood parks shall be considered a permitted essential service. G. Conditional uses. The following uses require approval pursuant to section 10.08.00 conditional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRPAS, AND RLSA designated HSAS and FSAS. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall be allowed as conditional uses: a. Electric or gas generating plants; b. Effluent tanks; c. Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d. Hospitals and hospices; and e. Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services. f. Conservation Collier lands which provide for permitted natural resource based recreational and educational activities, when such sites require major improvements to accommodate public access. These improvements shall include, but not be limited to: parking areas of 21 parking spaces or more; nature centers; equestrian paths; hiking and/or biking trails; canoe and kayak launch sites; public restroom facilities, greater than 500 square feet; directional drilling for oil and gas extraction, under the provisions of section 2.03.05 B.l.c.(1) of this code; signage beyond that allowed in sections 2.01.03 A.9. and 2.01.03 B.l.e. of this code and other nondestructive recreational activities as identified by the County Manager or designee. 4 Sending Lands, NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 C.2., in addition to the essential services identified as allowed conditional uses in section 2.01.03 G.1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; and b. Safety Services limited to law enforcement, fire, and emergency medical services. 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands. In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential services identified as conditional uses in section 2.01.03 G.1. above, the following essential services shall also be allowed as conditional uses: a. Regional parks and community parks; b. Public parks and public library facilities; c. Safety service facilities; d. Other similar facilities, except as otherwise specified herein. 4. Conditional uses that include the installation of structures: a. Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02.03. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses. b. Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. 0 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Sharon Dantini DEPARTMENT: _ _ Code Enforcement AMENDMENT CYCLE# OR DATE: Cycle 2, 2005 LDC PAGE: LDC2: 3-4 LDC SECTION: 2.01.00 Generally LDC SUPPLEMENT#: Supplement 1 CHANGE: Scriveners Error REASON: Scriveners error in section identifications. FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version was created on July 19, 2005 8:40 am Amend the LDC as follows: 2.01.00 Generally 4,A. Parking and storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of recreational equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building. For the purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. III 27B. Parking, storage or use of major recreational equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single-family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to-exceed six_hours within a time period of seven days for loading- and unloading, and/or cleaning prior to or after a trip. For the purpose of this section the rear yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. The following exceptions may be granted by the county manager or designee: 1. Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place on the street side thereof. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitor's family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 3. Parking of commercial vehicles or commercial equipment in residential areas. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: -1-a The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. 2,12) The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and t" cannot be seen from adjacent properties or the street serving the lot. 3-,c) The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 441 Automobiles passenger-xype vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2.03.07 LM. 5:e. Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. 4. Boats or other floating equipment used as dwelling units. Boats or other floating equipment being used as dwelling units or as commercial establishments may not anchor or tie up in waters under the jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. 5. Condominiums. This Code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condominium forms of ownership shall be subject to this Code as is any other form of ownership. Condominiums of any kind, type or use shall comply with the provisions of F.S. eCh. 718, as amended, known as the "Condominium Act." 6. Deed restrictions. This Code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing and administering this Code, shall be responsible for enforcing any deed restrictions. 'S LDC Amendment Request ORIGIN: BCC Direction AUTHOR: Z&LDR staff DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC2:10 LDC SECTION: 2.03.01 Residential Zoning Districts LDC SUPPLEMENT#: Supplement 1 CHANGE: Staggered setbacks for adjacent legally nonconforming 75' wide lots in the Estates Zoning District. REASON: The Board has directed that staff create this staggered setback provision for the stated goals: 1) to provide emergency vehicle access to structures and 2) to ensure that homeowners have the capacity to park commercial and recreational vehicles in the rear yard of seventy-five (75)foot wide lots in the Estate Zoning District. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: The Restudy-based amendments included proposed policy 4.3.1, which read: "By 2005,the LDC will implement provisions to allow for staggered structural setback requirements for adjoining 75' wide lots, so as to allow parking of work vehicles, commercial vehicles and equipment in rear yards. Such provisions will also aid emergency vehicle access to the rear of structures. This policy was approved for Transmittal to DCA, without discussion. Concerns with GGAMP proposed policy language: The policy wasn't clear as to what was intended-were the lesser setbacks to be<75' or were the greater setbacks to be>75'? If the greater setbacks were to be>75',then there would be no LDCA necessary as the policy was for the LDC to "allow for staggered structural setbacks" -that is allowed right now, a property owner has no maximum front setback, up to the point where they reach the rear setback requirement. Second,with only 75'width and 7.5' side setbacks,that only leaves 60' of width in which to construct a residence AND allow access drive/path to the rear yard for vehicles --just doesn't seem to be enough width for both, given that most of the residences are elevated on fill to accommodate septic systems. If there was mandatory intent as to staggered setbacks,which was not evident in the text,then would property owners want to be located closer to the street if it means <75', esp. on collectors or arterials, e.g. GG Blvd., Everglades Blvd., Randall Blvd., Immokalee Rd.? Traffic noise might be a concern, as well as general loss of privacy from the street; and,who decides which tract is to have the lesser and which the greater setback? As to GMP consistency, the lack of any policy or provision in the GGAMP regarding this setback provision is not an issue;that is, such an LDC provision would not be inconsistent with the GGAMP. With the exception of certain subdistricts, e.g.Neighborhood Centers,the GGAMP is silent to setback requirements and other development standards. OTHER NOTES/VERSION DATE: Created on June 21,2005. Staff has the following concerns. Emergency vehicles, solid waste vehicles and delivery trucks don't typically use private drives because residential concrete drives are designed for the load of personal vehicles only and not designed to support the weight of commercial and emergency vehicles. This is a liability for service providers because, if the concrete drive is cracked or broken, then the service provider, emergency or not, is liable for repair of the damage to the driveway. On the same note, staff advises that emergency vehicles typically do not go off road to pTh answer emergency calls; therefore the staggering of front setbacks likely will not make a difference in access for emergency vehicles, since they will not drive over yards to access residences in the event of an emergency. Amend the LDC as follows: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. 1. Minimum yard Requirements. See the Table in Chapter 2.07.00 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. the setback along the longer lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) GRAPHIC LINK: Click here b. Nonconforming Corner lots. Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) GRAPHIC LINK: Click here c. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. d. The Nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. S e. Legally nonconforming lots with a width of seventy-five (75) feet shall be required to stagger their front building setback line whenever they abut other seventy-five (75) foot-wide lots on either or both side property lines, based upon the following formula. i. If abutting 75-foot wide lots are vacant, then the first principal structure may be built to the permitted minimum front yard setback. If abutting 75-foot wide lots have principal structures, then subsequent principal structures on abutting lots shall be required to provide an additional fifteen (15) feet of front yard building setback to the minimum required front building setback. ii. If a vacant 75-foot wide lot abuts 75-foot wide lots with principal structures on both side property lines, then the front building setback for the infill structure shall be required to provide an addition fifteen (15) feet of setback from the front setback line of the principal structure located closest to the public right of way., but in no case shall it be less than ninety feet from the public right of way line. iii. Fencing of any type shall be prohibited on legally nonconforming lots with a width of seventy-five (75) feet. Final Bayshore Overlay Amendment No. 3 7/25/2005 LDC Amendment Request ORIGIN: Bayshore/Gateway Triangle Area Advisory Board AUTHOR: David Jackson Executive Director,Bayshore/Gateway Triangle Area DEPARTMENT: Collier County Community Development Agency Bayshore / Gateway Triangle — Advisory Board AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC Bayshore Drive Mixed Use Overlay District: Chapter 2 and Chapter 4 LDC/UDC SECTION:LDC 2.03.07,LDC 4.02.21,4.02.22,4.02.23,4.02.24 and Section 1.8.02 LDC SUPPLEMENT#: N/A CHANGE: Format revisions, revisions of Subdistict purposes, minor edits, new Subdistrict, and adding definitions. REASON: Requested by Bayshore/Gateway Triangle Area Advisory Board FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 2: Sections 2.03.07 Overlay Districts, I Bayshore Drive Mixed Use Overlay District Chapter 4: Sections 4.02.16 through 4.02.24 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version originally created on June 10, 2005, and modified after meeting with Collier County CDES &Transportation personnel. Amend the UDC [LDC] as follows: See attached Final Bayshore Drive Overlay District Amendment No.3 1. Text red and underlined is new text to be added. 2. Text red and strikethrough is to be deleted. 3. Text blue, Italic and underline in original Bayshore Drive Mixed Use Overlay District but not in current LDC. 1.08.02 Definitions Accessory Unit-An accessory unit is a separate structure located at the rear of the property and related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or guesthouse. Streetwall-A semi-opaque freestanding wall aligned with the facade of an adjacent building for the purpose of masking parking from the street. Front Yard Build-to-Line- The location on which the front building footprint must be located. n I:\LDC Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505 .I R.doc 1 flo9:09:32 AM Final Bayshore Overlay Amendment No. 3 7/25/2005 a t . � s ' �' ''•is), its ..t 30%;ro. 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Final Bayshore Drive Overlay District Amendment No. 3 I:\LPIll DC Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 2 90 AM �,v%ir Final Bayshore Overlay Amendment No. 3 7/25/2005 New: Red and Underline CHAPTER 2 Some deleted items in Chapter 2 ZONING DISTRICTS AND USES have been moved to Chapter 4 In Original Bayshore Overlay: 2.01.00 Generally Italic not in current LDC version 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 Establishment of Zoning Districts 2.02.01 Establishment of Official Zoning Atlas 2.02.02 District Nomenclature 2.02.03 Prohibited Uses 2.02.04 Continuation of Provisional Uses 2.03.00 Zoning Districts 2.03.01 Residential Zoning Districts 2.03.02 Commercial Zoning Districts 2.03.03 Industrial Zoning Districts 2.03.04 Civic and Institutional Zoning Districts 2.03.05 Open Space Zoning District 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Eastern Lands/Rural Fringe Zoning Districts 2.03.09 Districts Under Moratorium 2.04.00 Permissible, Conditional, and Accessory Uses in Zoning Districts 2.04.01 Rules for Interpretation of Uses 2.04.02 Effect of Approvals Under the Zoning Reevaluation Ordinance 2.04.03 Table of Land Uses in Each Zoning District 2.05.00 Density Standards 2.05.01 Density Standards and Housing Types 2.05.02 Density Blending 2.06.00 Affordable Housing Density Bonus 2.06.01 Generally 2.06.02 Purpose and Intent 2.06.03 AHDB Rating System 2.07.00 Table of Setbacks for Base Zoning Districts I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 3 9: . M Final Bayshore Overlay Amendment No. 3 7/25/2005 2.03.07 /'1 Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD"on the applicable official Collier County Zoning Atlas Map or map series. 1. - -= • - • - - e --= - • _ • - - - = _ = • = -e-•e- ---- - ..• - = = - The purpose and intent of the Bayshore Drive Mixed Use Overlay District is to encourage revitalization of Bayshore Drive and it environs which is part of the Bayshore / Gateway Triangle Redevelopment Area with Traditional Neighborhood Design (TND) projects. TND's are typically human-scale, pedestrian-oriented, interconnected projects with a mix of commercial uses including retail, office and civic amenities and residential that complement each other. Residential uses are often located above retail uses, but can be separate areas of residential only with close proximately to retail uses. A grid pattern is the basis for the transportation network. Buildings are located near the street with on-street parking and off- street parking on the side or in the rear of the parcel. 2. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD"on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. . on the rear of the residence. 19, GT e- _ - _ • • _ _e =_ -- _ _ __: --. .- • _ _ . • d - - - .. -- - • . . - - - - -- -- - - •- - primary residence g The distanco from the back of the sidewalk to the garage door must be at least 23 a. Neighborhood Commercial Subdistrict(NC).The purpose and intent of this Subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 4 9:09•• �•L!J Final Bayshore Overlay Amendment No. 3 7/25/2005 b. Waterfront Subdistrict(W). The purpose of this Subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, unless set forth below. c. Residential Subdistrict 1 (R1). The purpose of this Subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods -and-allowing--for--building---additions-such-as front-porches In new development it-is-to- encourage traditional neighborhood design pattern. design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. d. Residential Subdistrict 2(R2).The purpose of this Subdistrict is to encourage the development of multi-family residences as transitional uses between commercial and single- family development.The multi-family buildings shall be compatible with the building patterns of traditional neighborhood design. e. Residential Subdistrict 3(R3). The purpose of this district is to allow the development of mobile home,modular home,townhouses and single-family residences.All new development in this Subdistrict shall be compatible with the building patterns and facado articulation-of traditional neighborhood design. The intent is to create a row of residential units with consistent front yard set backs and access to the street. a. Minimum LOT width: boundaries-. - Front Yard At Min. Side Yard Min. Rear Yard One-(Single)-Family 10 feet 5 feet 8-feet Me 10 feet 5 feet 8 feet Units Townhouse 10 feet 0 feet when 8 feet ABUTTING another ,nhouseif-Ret- r r 5 feet 10 feet 5-feet 8 feet f. Residential Subdistrict 4(R4)The purpose of this Subdistrict is the same as Residential Subdistrict R2 except only single-family detached dwelling units are permitted. g. Residential Subdistrict 5(R5)The purpose of this Subdistrict is to encourage single family development on narrow lots. h. Residential Neighborhood Commercial Subdistrict(RNC)The purpose and intent of this subdistrict is to allow limited home occupational businesses. i. Art Village Subdistrict(AV). The purpose of this Subdistrict is to allow certain appropriate commercial uses oriented towards the visual or cultural art and limited residential uses, I:\LDC Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr. 072505)HDR.doc 5 9:0 . Final Bayshore Overlay Amendment No. 3 7/25/2005 j. The current zoned commercial property within the Neighborhood Commercial and the Art Village Subdistricts will remain under current LDC commercial regulations (except for certain site development standards as stated in Chapter 4 Site Development Standards) until the property owner decides to rezone to the BMUD- NC or BMUD AV Subdistricts. 3. Future Land Use Element Mixed Use Activity Center Subdistricts Certain portions of the Overlay overlap with Mixed Use Activity Center Subdistrict #16 designated in the Future Land Use Element of the Growth Management Plan for Collier County which allows for mixed use development which may allow for more intense uses and densities than stated in--this-Overlay. Activity Center-16 boundary-lies--within- portion-of the Gateway and Bayshore Overlays Districts Mixed Use Activity Centers are intended to be mixed-use in character.The actual mix of the various land uses-which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code— shall be determined during the rezoning process. I:\LDC_Arnendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 6 9:0•. Final Bayshore Overlay Amendment No. 3 7/25/2005 BMUD Map No. 1 /00 ' — `` 0.1.4r ! J x ,40-• 1 _407000, I / 1 of-0 7 A yVe,"0 _li. . . 01 rop riOft.' 19;4/ oli4"4„4", /,,..0 L I L' o.'" 0 %`4s%ter `' ® ///// wro.lea ///10 s, /,/ 4 . 401 .4i / 0' 40 of....ijrs4. 1,,,,-__,7 m 4,4 �A0BMlW-R4 ,1 -1, d`reI,400 ,/, 1[)1 • / ........ �;_ u t I 7 swam PUD i' (RMS - �.' *VT BMUD.R1 OWE,Dal) (R1 4) � a BMUD-AV(C-5) MORI l B R5p�A Bayshore Mixed Use Overlay District. _, IBssiRIF4f etruo-R 1 s\sBNBID•R9(YH) PAM B AUDAc Neighborhood Commerclsi Subdistrict ,� BLAND-RNc Resld.nt l Neighborhood Continental'Subdistrict ,r`_/9/i { ,„——L_. -, BYUD-RS rim APZ Accessory Parking Zone BMUD-W Waterfront Subdistrict SuiaAatrid me .,.,.., BNSID-R1g BMaH UDResidential Subdistrict 1 Subdistrict BMUD-R1 p (AMF4) R$'� e..+ (RMFS)_I BNIUD.It2 R.sidentil Subdistrict 2 Subdistrict w jo.sc _ nrsseoattiw�s._ r BNIUD�tb Residential Subdistrict 8 Subdistrict(O1 { nrossuirolo corn II `p BMUD-R2(RMFS) BMOWt4 Residential Subdistrict 4Subdkhld 11 BMUD-R2(RIAF e) BNIUD.R5 Residential Subdistrict 5 Subdistrict B UD-AV Art Village Subs. h t ....it (RMF-5) (XXX) Under Lying Zoning Mg PUD. PUD's included in BIAUD Overlay District IRMUD-B1 11 i Ptll emwnrxawn�r: IAIUD-Ra �, __I-L___.r I 1 ,..... 1BMUD-R1(1411F-4 (9))_ I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 7 9:09:3 Final Bayshore Overlay Amendment No. 3 7/25/2005 2.04.03 Table of Land Uses in Each Zoning District Table 1. Permissible Land Uses in Each Zoning District P= permitted IS ra •U E= permitted with certain n a exceptions E ,-. . E Blank cell = prohibited (also ix . o 7 re r 't `, v see table of conditional and `� W .... Et Et -a > c4 ch C �. accessory uses) m 0 `m ' n n n n n = c,) 13 Lu E _ 7. 8 P In Current County Use Table. w v � -o '0 13 -0 t '-Na .0 .0 . XI .0 P This a recommended use by N x o co co co co co U) z N the Consultant. w t c �a To ev C� °� > `o C Z ea L G G G G G G P In original Bayshore Overlay ca o d ,-0a_ a 13 •'°'a_ V > not on current LDC Use Table w e . w •C ciS — S1 SI SI SI SS S :t3 S Land Use Type or Category mmm m m m mm mu) m Accounting Services 8721 P P P Administrative Service Facilities Adult Day Care Facilities& 8322 Centers Agricultural Activities Agricultural Outdoor Sales Agricultural Services 0741, 0742, 0752- 0783 Agricultural Services 0711, 0721, 0722- 0724, 0762, 0782, 0783 Agricultural Services 0723 Aircraft and Parts 3721-3728 Airport-General Aviation Amusement& Recreation 7911, 7991 P P Services Amusement& Recreation 7999 tourist guides P P Services only Ancillary Plants Apparel &Other Finished 2311-2399 Products Apparel &Accessory Stores 5611-5699 P P Appraisers Artist Studios: Painting, drawing, graphics,fine wood working, , p mixed media,fiber art (weaving), glass, custom iewelry, clay(ceramics/pottery), /"1 sculpture, photography, dance, drama, and music I:\LDC_Amendrnents\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 8 9:0% 30 Final Bayshore Overlay Amendment No. 3 7/25/2005 P= permitted E= permitted with certain H d exceptions E Blank cell =prohibited (also v- r .,:r '. v > see table of conditional and w Ix N M o a accessory uses) 0 d w -c P In Current County Use Table. v 0 ocu .0 v -o -a a�' E P This a recommended use by — m x o y co y U) U) z y the Consultant. w - c To eo o o To Ta c� d > ea P In original Bayshore Overlay o 4:1 ;a -°'a_ -°'o •-o not on current LDC Use Table m •� o aa) a) a) m m d z O z m m m W m WS. Q C2 D < 2Z X 01 2 2 2 2 2 2 2 = 2 Land Use Type or Category m m m m CO CO m CO m m Architectural, Engineering, 0781, 8711-8713 P P P Surveying Services Assisted Living Facilities Attorney Offices& Legal 8111 P P P Services Auctioneering Service,Auction 7389, 5999 Rooms and Houses Auto and Home Supply Store 5531 Automobile Parking 7521 Automotive Repair, Services, 7514, 7515, 7521, and Parking 7542 Automotive Repair, Services, 7513-7549 and Parking Automotive Services Automotive Dealers and 5511, 5531, 5541, Gasoline Service Stations 5571, 5599 Barber Shops or Colleges 7241 Beauty Shops or Schools 7231 424 424 P5. Biking Trails Boat Doalorc -1- PP Bowling Centers 7933 Building Construction 1521-1542 Building Materials 5211-5261 Building Materials, Hardware, 5231 -5261 Garden Supplies Business Associations 8621 Business Repair Service Business Services 7311, 7313, 7322- 7331, 7338, 7361, /"*%, 3 z!bid - - -- -- - - -- -- -- - -- - • - -- -- -- ---- 3[bid Ibid Ibid I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 9 AM Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted m 'i RC1 E= permitted with certain a`m exceptions E } N c-7?- Blank Blank cell =prohibited (alsot a see table of conditional and �, r� - o accessory uses) m E 41 . - --` L P In Current County Use Table. v0 H V WV c .0 .0 .0 .0 � .0 P This a recommended use by N X o N N cnn vs con coz N the Consultant. w L cTa o Taea c� p C c c c c c c Z e� P In original Bayshore Overlay a -cm ,-°'a_ ,-°'o_ ..0o ,-CD °'o ,-°'a_ -°'o > not on current LDC Use Table o Z ca L a = C o G G or G G N C a � Z 2 2 2 2 2 2 7 2 Land Use Type or Category mmm m m m m m m cn m 7371, 7372, 7374- 7346, 7379 Business Services 7311-7313, 7322- 7338, 7361-7379, 7384 Business Services 7311, 7313, 7322- P P 7338,7384 PTh Business Services 7311-7313, 7322- 7338, 7361-7379, 7384, 7389 Business Services 7311-7352, 7359, 7361-7397, 7389 Business Services 7311-7353, 7359 Business Services 7312, 7313,7319, 7334-7336, 7342- 7389 Business Services 7311 Business Services 7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371- 7384, 7389 Business Services 7311, 7313, 7322- 7331, 7335-7338, 7361, 7371, 7374- 7376, 7379 Business/Office Machines Canoe Rental P Canoeing Trails Care Units Carwashes 7542 Category II Group Care Facilities Child Care- Not for Profit Child Day Care Services 8351 I:\LDC Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 10 AM Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted IS To E= permitted with certain y m exceptions E 5 co E Blank cell =prohibited (also ci & 2 a see table of conditional and �, M — — o accessory uses) a) 0 d c c 2 IS P In Current County Use Table. v o H .�'c .�'a c�'a �c V W 0 � 13 .0 .0 .0 .o •' 13 P This a recommended use by Cl) x c Cl) N (3 (3 � Cl)' z 0 the Consultant. w s c is 7y To �o ev v °' 16 C C c C C C Z R P In original Bayshore Overlay c d -°a ,-_°'a i (71 ,-°'a_ ,-°'a not on current LDC Use Table oLLI z i lY 1 iY 12 C2 Q co 1 Land Use Type or Category m CO CO m m m CO m m Cl) m Churches& Places of Worship P_ P Collection/Transfer Sites Commercial Printing 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction-Heavy Construction -Special Trade 1711-1793, 1796, Contractors 1799 Construction-Special Trade 1711-1799 Contractors Continuing Care Retirement - Communities Depository Institutions 6011-6099 Depository Institutions 6011, 6019, 6081, 6082 Depository Institutions 6021-6062, 6091, 6099, 6111-6163 Depository Institutions 6021-6062 Drinking Establishments and 5813 Places Drug Stores 5912 P P Drugs and Medicine 2833-2836 Duplexes P P P Dwelling Units P P PPPP P P P Eating Establishments and 5812 P P1 Places Educational Plants Educational Services 8211-8231 n Educational Services 8243-8249 'Except concessions stands,contract feeding,dinner theaters,drive-in restaurants,food services(institutional),industrial feeding. 2!bid I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 11 .M Final Bayshore Overlay Amendment No. 3 7/25/2005 P= permitted 0 O 'L Ci E= permitted with certain y a.2 exceptions am E >- o ., E Blank cell =prohibited (also 75 u) IY E th th °? v see table of conditional and > •L W s -a Q v N M ` 0 accessory uses) d 0 0 t rl N E r_ —Q r. P In Current County Use Table. 0 o y IS -- •- •- s '-'Na V u V .0 .0 .s0 .0 .0 .Q P This a recommended use by m X o co coo coo coo COoCl)oz co the Consultant. tu t c �a �o ! �a v d L 0 o L C C C C C C Z = P In original Bayshore Overlay o . d V '°'a '°'a '°'a -,°'a not on current LDC Use Table Li!o z w a Land Use Type or Category m m m m Fa m m m m CO m Educational Services 8221-8299 Educational Services 8211-8244, 8299 Electronic Equipment&Other 3612-3699 Electrical Equipment Engineering,Accounting, 8711-8748 P Management and Related Services ,Th Engineering,Accounting, 8711-8713 P P P Management and Related Services Equestrian Paths Essential Services' P P PPPP Excavation Fabricated Metal Products 3411-3479, 3419- 3499 Fairgrounds Family Care Facilities Fishing Piers Fishing/Hunting/Trapping 0912-1919 Fixture Manufacturing Food Manufacturing 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099 Food Products 2011-2099 Food Stores 5411, 5421-5499 P` P Food Stores 5411-5499 Fraternal Organizations Funeral Services and 7261 Crematories Furniture& Fixtures 2511-2599 Manufacturing 1 For requirements pertaining to Essential Services,see 2.01.03 -2 Except convenience stores and supermarkets 3!bid l:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 12 6.. M 1 Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted U ' E= permitted with certain F' co" exceptions E Blank cell=prohibited (also o N -A- '2 v see table of conditional and > L N M lY o accessory uses) O w 4 W___ _ �._ _ �__�L-. •V 'V_L. .._. = s W N W N- COW __ P In Current County Use Table. v co o V W V .0 .0 .0 13 . .Q Cl) x C 3 3 7 7 .d P This a recommended use by °o m co N m m m the Consultant. W . c To To TO TO TO 62 _> 2 = z P In original Bayshore Overlay yw CD on current LDC Use Table m co m m m m a) m 2 O z a a: lr w re cew 01 Land Use Type or Category m m _, m m m m m m m m m Gasoline Services Stations 5541, 5511-5599 General Contractors 1521-5261 General Merchandise Stores 5311-5399 P P Glass and Glazing Work 1793 Golf Courses Government Offices/Buildings 9111-9222, 9224- 9229, 9311, 9411- 9451, 9511-9532, 9611-9661 Group Care Facilities Gunsmith Shop 7699 Hardware Stores 5251 Health Food Stores Health Services 8011-8049 Health Services 8011-8049, 8082 P P Health Services 8051-8059, 8062- 8069, 8071, 8072, 8092-8099 Heavy Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, 5713-2,5719, 5731- P P Equipment Store 5736 Home Furniture, Furnishings, 5712-5736 Equipment Store Home Supply Store 5531 Hotels and Motels 7011, 7021,7041 Hotels and Motels 7011' P P Houseboat Rental 7999 Individual &Family Social Services Industrial Inorganic Chemicals 2812-2819 Industrial, Commercial, 3511-3599 Computer Machinery and 'Except Hostels I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 13 9:$• Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted .. Ta E= permitted with certain exceptions E gO Cl) IM 'd ! V Blank cell =prohibited (also m I th > see table of conditional andc > N M .� �" O w, accessory uses) m O m 1. v . C .— .E L P In Current County Use Table. C) do o w :E :a :a 'r3 :a -c '5 V WV .0 .a .0 .0 .0 St -0 P This a recommended use by m o N N_ coCl) coy z _ the Consultant. w c �° eo R To es ca > 8 O C C C 48 .5 = Z R ttz P In original Bayshore Overlay o s m -°'a_ a > not on current LDC Use Table o z .17. Q gl 5 '5 S a 2 Z 2 2 2 2 2 2 2 2 Land Use Type or Category malm m m m m m m vs m Equipment Insurance Agencies, Brokers, 6311-6399, 6411 P P P Carriers Insurance agents, brokers, and 6361 and 6411 service, including Title Insurance /'1 Investment/Holding Offices 6712-6799 P Job Training &Vocational 8331 Services Justice, Public Order&Safety 9221, 9222, 9229 Labor Unions 8631 Lakes Operations 7999 Large Appliance Repair Service 7623 Legal Services 8111 P P P Leather Products 3131-3199 Libraries 8231 Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426, 2431-2499 Management& Public Relations 8741-8743, 8748 P P P Management Services 8711-8748 P P Marinas 4493,4499 P Measuring, Analyzing and 3812-3873 Controlling Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and 8071, 8072, 8092, Research & Rehabilitation 8093 Centers Membership Organizations 8611-8699 P P Membership Organizations 8311, 8631 Membership Organizations 8611 Membership Organizations 8611,8621 Misc. Manufacturing Industries 3911-3999 Miscellaneous Plastic Products I:\LDC_Arnendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 14 9•'s._ AM Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted S To E= permitted with certain H d exceptions E ct > = E Blank cell =prohibited (also ^ r rt th y ..... 0 I see table of conditional and v N M re ce c Waccessory uses) d 0 d Z o t o w Eis LP In Current County Use Table. v o H �' �' �' �' �' sV ra W (�P This a recommended use by m o y co con co co cn z the Consultant. W s �a R ea ev ea eo _> 2 OL C C C C C C ZP In original Bayshore Overlay o .c 3 3 -tea -a 3 46not on current LDC Use Table o z D -- > > > > > > > ELand Use Type or Categorym m „ m m m m m m m m Miscellaneous Repair Service 7622, 7629' P P 7631, 76992 Miscellaneous Repair Service 7622-7641, 7699 Miscellaneous Repair Service 7622-7699 Miscellaneous Retail Services 5912, 5942-5961 Miscellaneous Retail Services 5912-5963 Miscellaneous Retail Services 5912-5963, 5992- 5999 Miscellaneous Retail Services 5912, 5932-5949, P P 5912 5961, 5992- 5999? Mobile Home Dealers 5271 Mobile Homes P R Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freight Transportation 4225 and Warehousing Motor Homes Multi-Family Dwellings P' P4 P P Museums and Art Galleries 8412 P P P Nature Preserves Nature Trails Non-Depository Credit 6141-6163 Institutions Non-Depository Credit 6111-6163 Institutions Non-Depository Institutions 6011-6163 _ Non-Depository Institutions 6011, 6019, 6081, 'Except Aircraft, business and office machines, large appliances, and white goods such as refrigerators, and washing machines. 2 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only and rod and reel repair. 3 See Residential Commercial Uses Mixed 4 Ibid I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 15 ego•M Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted w, c) eo t) E= permitted with certain exceptions .o >- g Cl) N I .4Mto 0 Blank cell =prohibited (also w iY see table of conditional and > L N M - - o accessory uses) O d tj - t N E �- - �_ o P In Current County Use Table. v o N t 2 w v .0 .0 .0 .0 .0 . .0 P This a recommended use by y X o N U) co co co CO z co o the Consultant. 11 .§ L = v °' o o c c c c c = � ev P In original Bayshore Overlay o . °' v -°'a -°a ;a " > not on current LDC Use Table o • a = p 0 0 0 0 G C N G > > > > > > 72 Land Use Type or Category m m _, m m m m m m m c� m 6082 Non-Depository Institutions 6021-6062, 6091, 6099, 6111-6163 Nursing Homes 8051, 8052, 8249 Office Machine Repair Service 7629-7631 Oil &Gas Exploration Open Space Outdoor Storage Yard Paint, Glass,Wallpaper Stores 5231 Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parking Facilities P P P Parking Services P P Parks, Public or Private - P P Parochial Schools—Public or Private 8211 Party Fishing Boats Rental 7999 Performing Arts Theater' P Personal Services 7291 P P Personal Services 7212-7215, 7221- 7251, 7291 Personal Services 7212, 7215, 7221- 7251 Personal Services 7212, 7291 P P Personal Services 7211, 7212, 7215, 7216, 7291, 72992 Personal Services 7215, 7217, 7219, 7261, 7291-7299 Personal Services 7211-7219 Personal Services 7215-7231, 7241 'Performance seating limited to 200 seats P Group 7299 limited to babysitting bureaus,clothing and costume rental,dating service,depilatory salons,diet workshops,dress suit rental,electrolysis,genealogical investigation service,and hair removal. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 16 9:0•• tM Final Bayshore Overlay Amendment No. 3 7/25/2005 P= permitted o �a E= permitted with certain y d exceptions E E Blank cell = prohibited (also5 co t aM'. 1 u? v see table of conditional and w N •-•-• re o accessory uses) 'o d t P In Current County Use Table. v o •.-Na •.N—a .�� •.-Na .y-a o •-a P This a recommended use by x o cn N cnn co co cis z N the Consultant. t 0t. �o TO Ta �a 7a �o v °' > L C 2 C C C C C C Z cs P In original Bayshore Overlay c . -tea 13 13 -tea > not on current LDC Use Table c 2 •co d d a) d d o z o z lY lY lr w m ce ll se < 2 .V5 22252 Mg Land Use Type or Category m m ., m m m m m m m m m Personal Services 7221, 7291 Photographic Goods 3812-3873 Photographic Studios 7221 P P Physical Fitness Facilities 7991 Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies Plastic Materials&Synthetics 2821, 2834 Play Areas and Playgrounds PPP P Pleasure Boat Rental P Printing and Publishing 2711, 2712 Industries Printing and Publishing 2711-2796 Industries Professional Offices 6712-6799, 6411, P P P 96311-6399, 6531, 6541, 6552, 6553, 8111 Professional Organizations 8631 Public Administration 9111-9199, 9229, P P 9224, 9311, 9411- 9451, 9511-9532, _ 9611-9661 Public Service Facilities- Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 P P Real Estate 6521-6541 Real Estate 6512 n Real Estate 6512-6514, 6519, I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 17 9:I• - •M Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted IS Ta .L . cs E= permitted with certain v, `as exceptions o E >- = ,. .. E Blank cell =prohibited (also Ts .� ci re— I t 0 a see table of conditional and w '- a M -- ,– o accessory uses) d 0 d .c 15 '� y E L - .c o B In P In Current County Use Table. U 0 o o "0 -0 "0 "0 t V 0 V .0 .0 .0 .0 .0 .o .0 P This a recommended use by rn x o co CO CO CO CO CO z CO the Consultant. w L = eo �° �° �° �° V d >_ o o c c c c c 'Ow ea P In original Bayshore Overlay c ,-as °'a_ ;as as as a not on current LDC Use Table 0 z 0 a a = 0 0 0 D N 0 Cl) V > > > > > > > 2 S Land Use Type or Category m m _, m m co m m m m m m 6531-6553 Real Estate Brokers and 6531 P1 Appraisers Real Estate Offices 6531, 6541, 6552, 6553 Recreational Service Facilities Recreational Services- Indoor 7911-7941, 7991- 7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 _ Repair shops and related 76992 services,not elsewhere P P classified Research Centers 8093 Research Services 8732 Residential/Commercial Mixed P3 P4 Pb Use in NC and W Subdistricts and Residential and Arts Mixed Use related Commercial on Van Buren Ave. in AV Subdistrict Residential uses P P PP P P P Retail Nurseries, Lawn and 5261 Garden Rubber and Misc. Plastic 3021, 3052, 3053 Products Safety Service Facilities Schools, public Schools-Vocational 8243-8299 'Except mobile home brokers,on site:housing authorities,operating. /� 2 Antique repair and restoration,except furniture and automotive only,bicycle repair shops only,rod and reel repair. 3 Multi Family uses are permitted above commercial on lots fronting Bayshore Drive and Van Buren Avenue East of Bayshore Drive.No single family units are permitted on lots facing Bayshore Drive or Van Buren Avenue. °'bid Multi Family uses are permitted above arts related commercial on lots fronting Van Buren Avenue East of Bayshore Drive. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 18 9:0 . 40 Final Bayshore Overlay Amendment No. 3 7/25/2005 P = permitted o is E = permitted with certain y co" exceptions >- E Blank cell =prohibited (also r re �* ? v > sece e table of conditional and > L �, M c a accessory uses) mo d 0 2 to P In Current County Use Table. v o13 w cy—a V 13 13 .c V W V .0 .0 .c .0 .0 .0 ." .0 P This a recommended use by N o y N Cl) CO Cl)Oz y the Consultant. w s To Tu ea To To R > o o z ea 2 c c c c c c P In original Bayshore Overlay o •13 13 -o-o --oa -°'a not on current LDC Use Table o z cc w re re re re . a ,= -- > > > > > > > c Land Use Type or Category mm m m m m m m m to m Security Brokers, Dealers, 6211-6289 P P Exchanges, Services Shoe Repair Shops or 7251 Shoeshine Parlors P P Shooting range, indoor 7999 Single-Family Dwellings PPPPP P Social Services 8322-8399 Stone, Clay, Glass and 3221, 3251, 3253, Concrete Products 3255-3273, 3275, 3281 Storage Synthetic Materials 2834 Testing Services Textile Mill Products 2211-2221, 2241- 2259, 2273-289, 2297, 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parking Lots 7514, 7515, 7521 Townhouses P R P P P Transportation by Air 4512-4581 Transportation Equipment 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799 Transportation Services 4724-4783,4789 Travel Agencies 4724 Travel Trailers 5561 Two-Family Dwelling P P P United States Postal Service' 4311 P P Veterinarian's Officed 0742 P P 1 Excludes major distribution center. 2 Excludes outdoor kenneling. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 19 9:0•• AM +1 Final Bayshore Overlay Amendment No. 3 7/25/2005 P= permitted IS TCt E = permitted with certain N w exceptions i:: E Blank cell =prohibited (also ro ... r 5 E g in v see table of conditional and > •` �, M — V o accessory uses) m C" w 2 US E 4 4 w o a P In Current County Use Table. w v '0 TS -0 '0 .c P This a recommended use by m x o y U) CO � CO V) z N the Consultant. w . c ev R To a To �+ G m o 2 c c c c c cZ ev P In original Bayshore Overlay o t ,'°a ,'ma '°a TS '°'a_ not on current LDC Use Table o z ` a Ircii = 0 D G 0 C CIG 0 G ' D - > > > > > > > r2 D Q 2Z 2 2 2 2 2 2 2 = 2 Land Use Type or Category CO m m CO m m 00 1:13C0 CO Veterinarian's Office 0752 PAX P,46 Videotape Rental' 7841 P P Vocational Rehabilitation 8331 Services Welding Repair 7692 Wholesale Trade 5148 Wholesale Trade- Durable 5021, 5031, 5043- Goods 5049, 5063-5078, 5091, 5092, 5094- 5099 Wholesale Trade- Nondurable 5111-5159, 5181, Goods 5182, 5191 Wildlife Conservancies 9512 Wildlife Management 0971 Wildlife Refuge/Sanctuary Wildlife Sanctuaries Watches/Clocks 3812-3873 'Limited to 1,800 square feet of gross floor area. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 20 9:09:3 hh - Final Bayshore Overlay Amendment No. 3 7/25/2005 Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses. C = conditional use A=accessory use C or A= Recommendation M 19 - 2" 0 o w o; 3` — m 0 0 0 0 0 m °° m m m m m °m m Administrative or service buildina Adult day care 8322 Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching, or wholesale reptile breeding Agricultural 0741, 0742, 0752- Agricultural services 0783 Amusement&recreation 7911 services 7911- 7941, 7991- Amusement&recreation 7993, services 7997, 7948, 7992, Amusement&recreation 7996, services 7999 Ancillary plants Animal control Aquariums 8422 Archery ranges 7999 Assisted living facilities Auctioneering Services, 7389, auction rooms and houses 5999 5521, 5551, Automotive dealers and 5561, gasoline service stations 5599 I:\LDC_Arnendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 21 9:09:32 (45) Final Bayshore Overlay Amendment No. 3 7/25/2005 C =conditional use A= accessory use C or A= Recommendation C3 CI 010 m m m m m m m m m 7513, Automotive rental/leasing 7519 Beach chair, bicycle, boat or moped rentals Bed & breakfast facilities 7011 CCCCC Boat Rental A Boathouses A A Boat ramps A A Boat yards Botanical garden 8422 Bottle clubs 5813 Camping cabins Care Units Caretaker's residence Category II group care facilities Cemeteries 2812- Chemical products 2899 Child day care 8351 C C Churches& places of 8661 worship Civic&cultural facilities Clam nurseries Cluster development Cocktail lounges 5813 Collection/transfer sites Commercial uses 4812- Communications 4841 Communication towers I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 22 9: • 2AM Final Bayshore Overlay Amendment No. 3 7/25/2005 C =conditional use A= accessory use C or A= Recommendation d V r NM KI V >1 w I.fi IL cdQ > > > > > a� V 0 0 0 G G G G g m m m CO CO CO m Cal Community centers 7922 Community theaters Concrete or asphalt plants Continuing care/retirement centers 5411 Convenience stores Dancing establishments & staged entertainment 6011- 6099 Depository institutions Detention facilities Docks A A A 5813 Drinking establishments Driving ranges Earth mining 5812 Eating establishments 8211- Education services 8222 Education facilities; public& 8211- private schools 8231 Electric generating plants Electric, gas, &sanitary 4911- services 4971 Excavation I:\LDC_Arnendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 23 9• M Final Bayshore Overlay Amendment No. 3 7/25/2005 C=conditional use A=accessory use C or A= Recommendation �; V 6 > > > 61 > 6 � ash �� m m m m _ m m MI m 03 ._ Extraction related processing and production 3482- Fabricated metal products 3489 Farm labor housing 5153- Farm product raw materials 5159 Field crops 0912- Fishing/hunting/trapping 1919 2011, Food products 2048 Food service 5411- Food stores (over 5,000 s.f.) 5499 Fraternal lodges, private club, or social clubs 5983- Fuel dealers 5989 Fuel facilities C Funeral services& 7261 crematories Gas generating plants Gift shops 5947 A Golf club house Golf course Golf driving range Group care units Guesthouses A A Health services 8011 Homeless shelters 8322 8062- Hospitals 8069 I:\LDC Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 24 DATM Final Bayshore Overlay Amendment No. 3 7/25/2005 Building Standards Locations on Van Buren Avenue The first floor of the buildings must be utilized for commercial purposes. sidewalk. Mixed Use Building Uses Only first two floors can be used for commercial uses. Building Footprint A building with only commercial use is limited to a maximum building footprint of 20,000 square feet. Minimum Floor Area 700 square foot gross floor area for each building � —_. on the-ground-floor. Maximum Height of Structures - 2 stories, or 28 feet above the sidewalk grade to Commercial use only buildings the building eave. 3 stories or 42 feet above the sidewalk grade to the building eave.The first floor height at the Mixed-use buildings residential over sidewalk level shall be no less than 12 feet and no commercial uses more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. C. Parking Standards. 1. Four Three spaces per 1,000 square feet of floor area open to the general public for commercial use. 2. Minimum one and one half(1.5)eae parking space for each residential unit. 3. -•e_ -: - --: : - -- :- e- • - - - -• --- - :: - • . . •- came block of the project site, thon oach cpaco co providcd shall count as ono spaco 4. Lots adjacent to the Art Village Subdistrict, may be used for off-site parking lots provided the lots are under the same ownership, meet the standards of section 4.05.02 of this LDC and have been approved by the County Manager or designee a site development plan shall be submitted to the County Manager or designee. 5. The off-site parking requirements of section 4.05.02 J. of the LDC shall apply. 5 Construction or renovation of any building must occur within ninety (90) days of the SDP or SIP approval and be complctcd within six (6) months of commonccmcnt in order to cocuro the on street parking spaces. Duo to circumstances beyond the control of the applicant tho property owner may request an extension from the County Manager or designee. These spaces must be used toward the fulfillment of the parking requirements set forth herein 7. Shared parking requirements shall be consistent with those. provided in subsection '1.05.02. of the LDC except that the County Manager or designee can approve or deny requests instead of the Board of Zoning App als or Planning Commission. Shared parking spaces /"'\ If the underlying zoning is residential for example RMF-6,6 units per acre,the 10 acre development would get a base of 60 units which would be deducted from the 120 units 12 units per acre,leaving 60 units to be deducted from the 388 or remaining Bonus Pool. Once the 388 unit Density Bonus pool is allocated only the affordable housing density bonuses can be used to increase density. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 49 9:09:32 A ) Final Bayshore Overlay Amendment No. 3 7/25/2005 8. Parking Location Interior Lots 100% of required parking must be located behind the Front Yard Build-to-Line on side or rear of the buildings. Corner Lots 100% of parking must be located behind the Front Yard(s) Build-to-Line on side or rear of the buildings. GTMUD Figure 9—Parking Location Front Yard aawot:u { i 100'%Required Perking s - --leson Raw or Sides 61 ® 1111 -- j ; Interior Lots I 1 • 1 .i parking i 100%Of Pa gpemlitfeli nnimwnn Corner Lots � is on side or rear of Front Yard I ioo%of parking permitted on to-line, on side or rear of Front Yard Build-to-Line. illkle]t i Front Yard auNd-toLme L_ _ _,j 1. Frart Yard Build-to-Line i !— Public Sbset — ^ FubE-&est D. Design Standards For Awnings, Loading Docks, And Dumpsters. 1. Loading docks and service areas shall not be allowed along the street frontage. 2. All dumpsters must be located in the rear yard and not visible from Van Buren Avenue. 3. Streetwalls shall be used when surface parking lots abut the right-of-way of Van Buren Avenue. See Figure 3. a. The wall shall be constructed of the same or complementary materials as the primary buildings and be 3 to 4 feet in height, and shall have a 12 inch prosection or recess a minimum of every 10 to 15 feet. The"streetwall"can be a combination of"wall"and metal "fence" materials. b. The"streetwall" may no longer than 62 feet, and no two streetwalls shall adjoin on a common property line. E. Architectural Standards. 1. New buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. New buildings adjacent to Van Buren Avenue in the Art Village Subdistict will have the principal pedestrian entrance fronting on Van Buren Avenue. I:\LDC_Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(072505)HDR.doc 50 9:09:32 AM ib Final Bayshore Overlay Amendment No. 3 7/25/2005 3. Thirty-five (35) percent of the new building facades along Van Buren Avenue in the Art Village Subdistict will be clear glass. 4. Clear glass windows between the height of two (2) and seven (7)feet above sidewalk grade are required on the primary facade of the first floor of any new building. 5. Attached building awnings may encroach over the setback line by a maximum of five (5) feet. 6.- ---Florescent Neon colorsshall notbe used.as-aGGeRt-GAIOCS7 - -- F. Landscaping Buffer Requirements 1. As required by Chapter 4.06.00 of this Code unless specified otherwise below: 2. Special buffer requirements for commercial development areas contiguous to residentially zoned property shall be a Buffer Type B with a six feet high wall or fence.A minimum 15 foot fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a cinglo row of shrubs at least 21 inches in height at the time of planting. Landscaping 3. handscape-Screening of Mechanical Equipment. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves. G. Architectural Design Theme. Same as Neighborhood Commercial Subdistrict(NC) H. Signs.As required by division 5.06.00 unless specified below: 1. One"sandwich sign" is allowed on the public right-of-way per business establishment as long as it is no more than 10 square feet and on each side is and is removed from the right-of-way when the business is not open. 1. One wall sign shall be permitted for each single occupancy parcel, or for each establishment in a multiple occupancy parcel provided such sign does not exceed 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and 2. In addition, hanging or prosection signs are permitted provided such signs do not exceed six square feet, and shall not project more than four feet from the building on which the sign will be attached.The sign „hall be elevated to a minimum of eight feet above any pedestrian way and shall not exceed a height of 12 feet. 3. No freestanding signs shall be permitted, except for gas station signs advertising the price of fuel; these may be free standing but conform to tho requirements in Section 5.06.05 of tho LDC. �. Awnings with a vertical drip may be ,tcnciled with letters no more than eight inches in height and not to exceed one third of the length of the canopy. 5. Corner buildings or corner units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. 6. No internally lit cabinet signs shall be permitted. I:\LDC Amendments\LDC Cycle 2-2005\2.03.07 Bayshore Dr.(07250 •-.doc 51 9:09:32 AM 4410 LDC Amendment Request tm ORIGIN: BCC Directed AUTHOR: Fabacher&Bellows _ DEPARTMENT: . Zoning&Land DevelopmentReview AMENDMENT CYCLE# OR DATE: Cycle 2,2005 LDC PAGE: LDC SECTION: LDC SUPPLEMENT#: Supplement 1 CHANGE: To allow clam farms as a permitted use, rather than a conditional use in the Goodland Overlay. REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: June 17, 2005 Amend the LDC as follows: Section 2.03.07 Overlay Zoning Districts J. Goodland Zoning Overlay "GZO". To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. 1. Permitted uses. The following uses are permitted as of right in this subdistrict: I34 Reserved. a. Clam nursery, subject to the following restrictions: 1) A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through saltwater system" on the shore of a lot until the clam reaches a size of approximately one-half inch. For the purposes of this se-aim, a"race var of-"flow-through-salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. 4) The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture. 5) The nursery must not be operated on a vacant lot, unless both of the following requirements are met: i. The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to the vacant lot; and ii. The vacant lot must not be leased to another individual for purposes of operating a clam farm within the RSF-4 and VR zoning districts. 6) At-no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring naturally in the water. 7) Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off hisproperty within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery. 8) Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank 9) Establishment of a clam farming facility shall be subject to the site improvement plan process pursuant to section 10.02.03 B. 2. of this Code. The fee for a site improvement plan review shall be as set by the County Manager or designee. 2. Conditional uses. The following uses are permitted as conditional uses in this .� subdistrict: a. Clam nursery, subject to the following restrictions: " _ ,-. _ - ., . - _ , . . - _ , - clam reaches a size of approximately one half inch 2) For the purposes of this section, a "raceway" or "flow through salt water system" is defined as a piece of plywood or similar material the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that - ' .. -- aquaculture facility" as defined by the Department of Agriculture. 5) The nursery must not be operated on a vacant lot, unless both of the following requirements are met: • lot with a residence or habitable structure immediately adjacent to the vacant lot; and u. The vacant lot must not be leased to another individual for zoning districts. 6) At no time will a nursery owner be • --_ - , . -- water. 7) Only the property owner or individual in control of the property will not lease his property to another individual to use for purpeses of operating a clam nursery. 8) Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be pool or shrimp tank Reserved. 3C Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM LDC Amendment Request ORIGIN: Bayshore/Gateway Triangle Area Advisory Board AUTHOR: David Jackson Executive Director,Bayshore/Gateway Triangle Area DEPARTMENT: Collier County Community Development Agency Bayshore / Gateway Triangle Advisory Board AIVIENDMENT CYCLE#OR DATE:Cycle 2,2005_ LDC PAGE: New District Gateway Triangle Mixed use Overlay District: Chapter 2 and Chapter 4 LDC/UDC SECTION:LDC 2.03.07 N,LDC 4.02.35,4.02.36,4.02.37, and Section 1.8.02 LDC SUPPLEMENT#: N/A CHANGE: New Overlay District REASON: Requested by Bayshore/Gateway Triangle Area Advisory Board FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 2: Sections 2.03.07 Overlay Districts,N. Gateway Triangle Mixed Use Overlay District Chapter 4: Sections 4.02.35 through 4.02.36 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version originally created on June 10, 2005, and modified after meeting with Collier County CDES &Transportation personnel. Amend the UDC [LDC] as follows: See attached Final Gateway Triangle Mixed Use Overlay District(New) 1.08.02 Definitions Accessory Unit-An accessory unit is a separate structure located at the rear of the property and related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or guesthouse. Streetwall-A semi-opaque freestanding wall aligned with the facade of an adjacent building for the purpose of masking parking from the street. Front Setback Zone-The area between the back of curb and the Front Yard Build-to-Line. Front Yard Build-to-Line-The location on which the building footprint must be located. Streetscape Zone The first 8 feet of the Front Setback Zone shall be a "streetscape"zone. Sidewalk Zone The "sidewalk" zone is the 8 feet measured between the "streetscape" zone and the Front Yard Build-to-Line. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 1 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM e t� �;$'` te e ', - ' �"' `° . 4 ""` "t j,y ' '° ,..,, '�^� dew z'� .'y " . 'v'",41.„r_ , ''',.-4 '''-- viz,;>, 7,,„„..:4" :',ia-141k#10:$4.4f ,0: #40 171.!,:f.„„41f;,._ tZ---7-77_ , r, re- ms' s ,„ f..: 4,. .14„3:417.14.4 741N 11.1 -.,,- .., .4„, 5 ___.. :-.111 01.' '4**°,‘!..,N,..-.1%kvo`,*- ' 4"' ' 4''.* ' ' \ ''''' '',/-:‘' 4--'5:H''''-',14:'''''*:,!1/4.-:-';'''''vtc,..-"'' -,-;:' : ':,,,,c..-'-r-; ,2.,:;:`-1<- ----- 1 1., �-" � a;-"":',t'-''''';',1:';\`,,:-,,:,..‘;':\ a 7,,,,f,n_ . ....... , L. , „..,„. „,,, , ,, , , _ ‘ ,.......„,,,,, ..,...„,.. .„ • 1 [ "° r ill .� 2"� �' ken fi .,..,.3.-4,:v!.',. x ��IN P 121.414.1.....:, ,i.,. ,,, „*,,,,,,,, .,,,,,„ w _.,.x.... pw ;',..tIg a.. .?� ' ; �1" 1 #�Ill, y. `tea,. �, r are E_ �•s } .+'y � amity• 1'S.f - ;� "'�,+a*+aad &�'{ ......„,., 7,,,,,, . „ ,,-.., 4 ems. S .�^x� f "e Final: Gateway Triangle Mixed Use Overlay District (New) C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25720o5 2 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM CHAPTER 2 ZONING DISTRICTS AND USES 2.03.00 ZONING DISTRICTS 2.03.07 OVERLAY ZONING DISTRICTS N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT. Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD"on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore / Gateway Triangle Redevelopment Area with Traditional Neighborhood Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected projects with a mix of commercial uses including retail, office and civic amenities and residential that complement each other. Residential uses are often located above retail uses, but can be separate area of residential only with close proximately to retail uses. A grid pattern is the basis for the transportation network. Buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development, encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby Shadowlawn residential neighborhood. The types of uses permitted are hotels, retail, office, personal service and residential uses. ,-� These regulations shall apply to the Gateway Triangle Mixed Use Overlay district as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. 2.Overlay Subdistricts Mixed Use Subdistrict(GTMUD-MXD). The purpose and intent of this Subdistrict is to provide an option to current and future property owners by encouraging a mixture of medium intense commercial and residential uses on those parcels with frontage on US 41, Davis Boulevard, and Airport Pulling Road. Included also is the "triangle" formed by US 41on the South, Davis Boulevard on the North and Pine Street to the West. Developments will be pedestrian-oriented and reflect building patterns and facade articulation of traditional neighborhood design. The current zoned commercial property within the Mixed Use Subdistrict will remain under current LDC commercial regulations (except for certain site development standards as stated in Chapter 4 Site Development Standards) until the property owner decides to opt a to the GTMUD-MXD Subdistrict, which allows residential and commercial (C-1 through C-3) uses if part of a mixed development. Any property in the GTMUD Subdistrict for which the underlying zoning is RMF-6 is allowed to have commercial uses only if it is part of a mixed use development. Residential Subdistrict (GTMUD-R) The purpose of this Subdistrict is to encourage the development in the Shadowlawn neighborhood a mixture of residential housing types with the building patterns and facade articulation of traditional neighborhood design. 3. Future Land Use Element Mixed Use Activity Center Subdistricts Certain portions of the Overlay overlap with Mixed Use Activity Center Subdistrict#16 designated in the Future Land Use Element of the Growth Management Plan for Collier County which allows for mixed use development which may allow for more intense uses and densities than stated in this Overlay. C:\Documents and Settings\CatherineFabacher\Local Settings\Tem••0-a Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 3 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses-which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code—shall be determined during the rezoning process.Activity Center 16 boundary lies in portions of the Gateway and Bayshore Overlay Districts. GTMUD Map 1 ,,,,,,,'' ,.,.,,,, ,,. ,,,„Nirimr ,.. ll __ pa) • DAMS BOULEVARD w GTMUDiDm GTIII(0-5) m 1LNN ( i ®1 :C-4/ IF GTMUD-R • j) I .�_71N 1111.111m ..._. I ®I 111 i ll/ 1 ri .....11. Elul w Oro r i e'... Mill 1 - 06J%'(0- f Gateway Triangle Mixed Use Overlay District I .4-4 0-, — , r� �.� GTMUD-RDtDMixed Use Subdistrict• G711tJDdDm: P ekiI ��J� A/ ` OTTAWA Residential subdistrict I'_ ( �,'�:in 141%' // fes, 11 pooq Undue Lying Zoning Diebicis I i �0/9"��• $ PUO PUire Included In(MUD Onlay Obtrict 0/ //, V j •,/ Future Land Use r �4 i� ® /` c „ „ a . r� !®,01:***/ ' ♦ ,, •• r ' Activity Center 18 {�� %� , /--/ c: . tea . 4 r‘.../••••"'” ,-- , ,....._ lv, ,,,,41f ..,,,,,,P,. To C r n *2-7I Asaftokfr <I) i I I / 1 c — i ' i I Ire. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 4 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT Table 1. Permissible Land L Uses in Each Zoning District in o m m P= permitted GTMUD g o S m'_ N, P = permitted C-1 thru C-3 g,e o J E = permitted with certain � o exceptions 0co W y Wy d N Blank cell = prohibited (also r a v t� ci see table of conditional and W .. m z m FE O ' a accessory uses) k x ,. y . E h c u ti Lu 1-3 2c cb o. z eo W �C Qi CD• '% Nz E h Z w > E .E !0 y N D >> 0 O O d i 'a a0 a N i O Q 0 � ,�9 rn a V 5 E cp E _ • 3 m Q ToTo To 0 E vcu d v.: c..)` E E E c C1 Q x d ;V '4-'1) 0 0 0 0 O 0 Land Use Type or Category y 6.t m °° 8 0 0 c) t) 0 _ yp 9 ry z� cnm0 co Accounting Services 8721 P PPPPP Administrative Service Facilities Adult Day Care Facilities& 8322 Centers Agricultural Activities Agricultural Outdoor Sales Agricultural Services 0741, 0742, 0752- P 0783 Agricultural Services 0711, 0721, 0722- 0724, 0762, 0782, 0783 Agricultural Services 0723 Aircraft and Parts 3721-3728 Airport General Aviation Amusement&Recreation 7911, 7991 Services Amusement& Recreation 7999 tourist Services guides only Ancillary Plants P P Apparel &Other Finished 2311-2399 Products Apparel &Accessory Stores 5611-5699 P PPPP Appraisers P Architectural, Engineering, 0781, 8711-8713 P PPPPP Surveying Services Assisted Living Facilities PP PPP Attorney Offices &Legal 8111 P PPPPP Services C:\Documents and Settings\CatherineFabacher\Local Settings\Ten••rary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 5 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District o W 0 CD CO .Cn c P= permitted GTMUD 1- `m o U P= permitted C-1 thru C-3 � 'e o, e o 'e 8 G w L E= permitted with certain W ° CO-u o exceptions o 0 3 i g U V _= e2° W m WC7= e c v N r7 Blank cell-=prohibited-(also = 0 a v v cs it see table of conditional and W 23 m e- CE 0 ' accessory uses) k cw_o) 2:: r e--•ti i c:I;-....cbe22 t .i .249 .a.as; To, (..? Z e w E y ea c. ?: o 1 at J o Ez yz 2 m > E 'v eo a y H N o >> 0 O o d m .y a 9 spa N . O w i ct 3 ' �.ioX0 : a v c E E I- co u) Oj z'•3 Z 0 Q = e_v 0 E y >` a, 0 a 1.., s. U .a .co` .0 t00 o o n n . =cg ;w W Im a> m ea v ID oo, z E E E >+ , .eo > 0 Q t1 a is S y--E1 `o o E E o a d Land Use Type or Category y 0 15 z. y m 5 m U U v v 0 _ Auctioneering Service,Auction 7389, 5999 P Rooms and Houses Auto and Home Supply Store 5531 P P P P Automobile Parking 7521 P PPPP Automotive Repair, Services, 7514, 7515, 7521, E P and Parking 7542 Automotive Repair, Services, 7513-7549 P and Parking Automotive Services P P P Automotive Dealers and 5511, 5531, 5541, E P Gasoline Service Stations 5571, 5599 Barber Shops or Colleges 7241 Beauty Shops or Schools 7231 Biking Trails Bowling Centers 7933 Building Construction 1521-1542 P Building Materials 5211-5261 P Building Materials, Hardware, 5231 -5261 P P Garden Supplies Business Associations 8621 Business Repair Service P PPPP Business Services 7311, 7313, 7322- P P 7331, 7338, 7361, 7371, 7372, 7374- 7346, 7379 Business Services 7311-7313, 7322- P P 7338, 7361-7379, 7384 Business Services 7311, 7313, 7322- 7338, 7384 Business Services 7311-7313, 7322- P P 7338, 7361-7379, 7384, 7389 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 6 91:1 � Q t 1 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District V cti u m m P= permitted GTMUD w a y ozU P =permitted C-1 thru C-3 °'=m 3 3 =o mr, $ E=permitted with certain Wca a2 z v o exceptions 0 0 o U C.) Blank cell =prohibited--(also m m : c _ Ct c3 see table of conditional and o w ° z 11-"E' CC 0 ' accessory uses) X x y ;• E y 11) v 'c U L.- OSP— O C 1° ' U d LU cm " C9 •W C d z co 2 WE To z n' • N 0 Off_+ O O C d O E •C S r+ L � O-o N � O g � ia xc� d 5 E E d m z�m o L r' s' C.) 0 C Q c 0 0 . W d d m �o U W w v�.2 a E E E c V Q K d +m o °o O O O O O y Land Use Type or Category ° re z mrd 8 C0 U C0 002 _ Business Services 7311-7352, 7359, P 7361-7397, 7389 Business Services 7311-7353, 7359 P Business Services 7312, 7313, 7319, 7334-7336, 7342- 7389 Business Services 7311 Business Services 7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371- 7384, 7389 Business Services 7311, 7313, 7322- 7331, 7335-7338, 7361, 7371, 7374- 7376, 7379 Business/Office Machines Canoe Rental P P Canoeing Trails Care Units P PPPPP Carwashes 7542 P P Category II Group Care Facilities Child Care- Not for Profit Child Day Care Services 8351 P PPPP Churches & Places of Worship P PPPPP Civic and Cultural Facilities Collection/Transfer Sites Commercial Printing 2752 P Communications 4812-4841 P Communications 4812-4899 Communication Towers P Construction P C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 7 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District v03 camas mwa �? P= permitted GTMUD 3 0 o �eE�� P = permitted C-1 thru C-3 .,(1)e 0 z 8 CO E=permitted with certain ttu =ci g r exceptions p o 3 ° C.) vJ y ® � c co V N c9 Blanikcell=-prohibited-(also _ _.E a -n .1,4= 0 v see table of conditional and W ,. 0 m e m ' 0 ') ' accessory uses) X x E. .� •� m y = c v co g cr ommee o w ' U C7 o EZ h� 2 w > a Z y :a N 0 >> O p :+ O a oaf N = E °' 3 3 Ue x•� d — — E EE `� y _ =3 m '♦� Rt e0 12 0 a) >- d lO +�w V .L .e .L V O c ° z� 3° W d C> d L. O �S v W -a -�'a •=� ov0 g E E E c > V Q x m :at, co O O O O C' at Land Use Type or Category y i i CO m 0 v V v v t� _ Construction - Heavy Construction-Special Trade 1711-1793, 1796, P Contractors 1799 Construction-Special Trade 1711-1799 Contractors Continuing Care Retirement P P Communities Depository Institutions 6011-6099 Depository Institutions 6011, 6019, 6081, 6082 Depository Institutions 6021-6062, 6091, 6099, 6111-6163 Depository Institutions 6021-6062 Drinking Establishments and 5813 P P P Places Drug Stores 5912 Drugs and Medicine 2833-2836 Duplexes Dwelling Units P P Eating Establishments and 5812 P PPPP Places Educational Plants P PPPPP Educational Services 8211-8231 Educational Services 8243-8249 P Educational Services 8221-8299 P Educational Services 8211-8244, 8299 Electronic Equipment&Other 3612-3699 Electrical Equipment Engineering,Accounting, 8711-8748 P P P Management and Related Services Engineering, Accounting, 8711-8713 Management and Related C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 8 U, Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District v c z 1.2 U m m P=permitted GTMUD w o y �P = permitted C-1 thru C-3 L ,e o p U m.-m E= permitted with certain W .2.., o exceptions o 0 3 o c) yW2m� y d N Blank cell =prohibited also _ m W=.E_ 3_ �__ see table of conditional and W omm= m- Cc 0 ' UJ _ accessory uses) kx .y ;e mco vs c ti g mm � 0 ('2) eoc . Z m ea Z w N $ > O O 1) d i p a N L O cc _ uz�.k� °' v c E E co �z�3g m QTo �a o f 3 .°2 w V .0 �` .L C) O O 3if) c . 9 W d C1 G1 C) c) ti d y �� 0��e E E E c co V Q cu m m o O O O O o d Land Use Type or Category z tim m- 8 c) v c) t) 0 Services Equestrian Paths Essential Services' P P PPPPP Excavation Fabricated Metal Products 3411-3479, 3419- 3499 Fairgrounds Family Care Facilities Fishing Piers P P Fishing/Hunting/Trapping 0912-1919 P Fixture Manufacturing Food Manufacturing 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099 Food Products 2011-2099 Food Stores 5411, 5421-5499 P P Food Stores 5411-5499 P P P P Fraternal Organizations Funeral Services and 7261 Crematories Furniture & Fixtures 2511-2599 Manufacturing Gasoline Services Stations 5541, 5511-5599 P PPPP General Contractors 1521-5261 P General Merchandise Stores 5311-5399 P P P P Glass and Glazing Work 1793 P P Golf Courses Government Offices/Buildings 9111-9222, 9224- ^ 9229, 9311, 9411- 1 229, 9311, 9411-1 For requirements pertaining to Essential Services, see 2.01.03 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 9 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District W c •m a - te P= permitted GTMUD 3 o U m Umf P= permitted C-1 thru C-3 0 L o,P o U m e- m E = permitted with certain W y .o exceptions p o 3 °U t) h m �U� W 0 V N M Blank cell = prohibited (also r a U c) see table of conditional and m z e o re O ' accessory uses) X x y ° E ti c _ 2 v " g 'p�mmrn O C d ' C) 2 m ? nm c m 2 oEmmi 2 d > E To 0 y N E nSt p c ` ` Q10 0 .0 ,,, "oma N ` o c E d U e m 2 d o. C) E E 1— w w rn z 3 m Q �a o f c w W g d G1 C) C a C o C) tu „1-028., E E E m > C) Q w d ,m s y m o 0 E E E d C) W C7 2 fY o s m mo 8 V C) C) V C 2 Land Use Type or Category s►.- y CO C3 co 9451, 9511-9532, 9611-9661 Group Care Facilities P PPPPP Gunsmith Shop 7699 Hardware Stores 5251 P PPPP Health Food Stores Health Services 8011-8049 P P P P _ Health Services 8011-8049, 8082 P P Health Services 8051-8059, 8062- P 8069, 8071, 8072, 8092-8099 Heavy Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, 5713-5719, 5731- P P Equipment Store 5736 Home Furniture, Furnishings, 5712-5736 P P P P Equipment Store Home Supply Store 5531 P P P P Hotels and Motels 7011, 7021, 7041 P Hotels and Motels 7011 Houseboat Rental 7999 P P Individual & Family Social P PPPPP Services Industrial Inorganic Chemicals 2812-2819 Industrial, Commercial, 3511-3599 Computer Machinery and Equipment Insurance Agencies, Brokers, 6311-6399, 6411 P PPPPP Carriers Insurance Agencies, Brokers, 6311-6361, 6411 Carriers C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 10 Final Gateway Triangle Mixed Use Overlay Distr.ict 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District v m L m n M P=permitted GTMUD co 3o ••U permitted C-1 thru C-3 �- 5 c C a)-g o P= 'e o 10 E = permitted with certain W 51 2 i o r exceptions o 0 3 o 0 __ -- 49. co O(�� c H , N Blank cell =prohibited (also Ib m E 0 -4.--. C� "' see table of conditional and W m c W m ti accessory uses) X x y ''.,,4 m y c V a„ Cj in - pm °' mo, O ° 0 a0 ' 0 Lu v c 0 c' .Q m z •� •c N R �_ z C9 •` y O E z �. z > E ` Ti Q 2m am°22 N o`. ° c E2 a) m Et 3 ° V = m25.0 d E E F- co Oo t m Z m Q t0 l4 t0 0 -a Q = c t R z o lett •d •1 •� V 0 W 'a ,-tea „:1,5 ,--.0.g.° g E E E d 8 , U t t .-e o CC) C� C) o m.) Land Use Type or Category o.;vmw'oz i- N m° ca Insurance agents, brokers, and 6361 and 6411 service, including Title Insurance Investment/Holding Offices 6712-6799 Job Training &Vocational 8331 Services Justice, Public Order&Safety 9221, 9222, 9229 P Labor Unions 8631 Lakes Operations 7999 P P Large Appliance Repair Service 7623 P PPPP Leather Products 3131-3199 Libraries 8231 PPPP Local and Suburban Transit 4111-4121 P Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426, 2431-2499 Management& Public Relations 8741-8743, 8748 P PPPPP Management Services 8711-8748 P Marinas 4493,4499 P P P Measuring,Analyzing and 3812-3873 Controlling Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and 8071, 8072, 8092, Research & Rehabilitation 8093 Centers Membership Organizations 8611-8699 P P P P Membership Organizations 8311, 8631 Membership Organizations 8611 Membership Organizations 8611, 8621 Misc. Manufacturing Industries 3911-3999 Miscellaneous Plastic Products ,--4., Miscellaneous Repair Service 7629-7631 P P P Miscellaneous Repair Service 7622-7641, 7699 P Miscellaneous Repair Service 7622-7699 P C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 11 254 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land o Uses in Each Zoning District v 03 .... '� U m co P= permitted GTMUD 1 3 w a o o m P= permitted C-1 thru C-3 o m o, J � c0ic� c> O V CO ib E =permitted with certain uu = CO o z exceptions p o 3 °v Cr v -Blank-telt prohibited{also m In m = t2 � c3 M see table of conditional and W nc 0.. id accessory uses) Xx .S. E _ c 2v in v cm " is .N c d CD W to N o=yS= O O t d � v -a COv1 N 2 0 .+ 2 -. _ ° U 1 co xCD - a V G E L0 o E M .c �, Q w R -En-t-2 V ` 0 0 0 0 o c LzO ;° W m d m u. 0 0 0 --0 W tic.. z E E E c � _ co V ' 5 m t 3 y m o O o 0 o G) 0 Cl) 0 2 re 0.(4 2,3 otra 8 C) 0 C0 0 0 = Land Use Type or Category z 1- o m 0 m Miscellaneous Retail Services 5912, 5942-5961 P P Miscellaneous Retail Services 5912-5963 P P Miscellaneous Retail Services 5912-5963, 5992- P P 5999 Miscellaneous Retail Services 5912, 5932-5949, 5942-5961, 5992- 5999 Mobile Home Dealers 5271 P Mobile Homes Modular Built Homes Motion Picture Production 7812-7819 Motion Picture Theaters 7832 P Motor Freight Transportation 4225 P and Warehousing Motor Homes Multi-Family Dwellings P P Museums and Art Galleries 8412 P P P P Nature Preserves Nature Trails Non-Depository Credit 6141-6163 P P P P Institutions Non-Depository Credit 6111-6163 P P P Institutions . Non-Depository Institutions 6011-6163 Non-Depository Institutions 6011, 6019, 6081, 6082 Non-Depository Institutions 6021-6062, 6091, 6099, 6111-6163 Nursing Homes 8051, 8052, 8249 P PPPPP Office Machine Repair Service 7629-7631 P PPPP Oil &Gas Exploration /"'1 Open Space Outdoor Storage Yard P C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 12 85 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land L Uses in Each Zoning District W 0 P= permitted GTMUD ib- a "' Cl) 3o .0 a j m= ,. P = permitted C-1 thru C-3 >- e v o� % J w U G w ` p V W a�, E = permitted with certain w " a ci o exceptions 0 0 3 v Blank ceH =prohibited (also — m E— ~ " o `. Ca see table of conditional and W e m m m- IX 0 ' ,� accessory uses) k X �, 2.2 w E o Ti t� +� ,n .* 2 E QmT4mo C 0 d co C' 0 z :0 x, 80 1 O o 0 w+ a) L N IX = > U,-,.x0 d a ocEo E E as >- m WIz a m S (3 •i C.3 tZe gt WI To" .� 0 E o � 0 W -a ;a . �'U.E d 1� a1 � t t = � V Q X m `a:mm �mo O o 0 0 0 d Land Use Type or Category y O 15 i m co v v v v 0 _ Paint, Glass,Wallpaper Stores 5231 P PPPP Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities ,---, Parking Facilities P Parking Services P P P Parks, Public or Private P Parochial Schools—Public or P Private 8211 Party Fishing Boats Rental 7999 P P Personal Services 7291 P P Personal Services 7212-7215, 7221- 7251, 7291 Personal Services 7212, 7215, 7221- P P 7251 Personal Services 7212, 7291 Personal Services 7211, 7212, 7215, P P 7216, 7291, 72991 Personal Services 7215, 7217, 7219, P P 7261, 7291-7299 Personal Services 7211-7219 Personal Services 7215-7231, 7241 Personal Services 7221, 7291 Photographic Goods 3812-3873 Photographic Studios 7221 P PPPPP Physical Fitness Facilities 7991 P PP PPP Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies n 1 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 13 SG Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District m c Cm W P= permitted GTMUD y E e. P= permitted C-1 thru C-3 m"g m e c U "_- c y W 0 E= permitted with certain to -o C.)o exceptions p o 3 ° v e "� y Blank cell =prohibited (also w E a -- _.vN Qs v_ see table of conditional and W i m z %m accessory uses) k x Is '8•� m ti c e �j wn o� .� mW o O � i c m " n in C0 1 eo ' �+ Z to •� r p E Z NoTj Z > 3 12 Lc, oUpt N O c E a> rt �x� d E Q TO <_v eo E O E d !• m To ,c ��,S. V .L ` ` O o C 2 c �c9 a) a) a) �a U t� "r�oc�e g E E c E V Q K m ;tic) 0.a.) 0 0 0 0 a) o Land Use Type or Category y C z 0 m m v v v v O = Plastic Materials&Synthetics 2821, 2834 Play Areas and Playgrounds Pleasure Boat Rental P P Printing and Publishing 2711, 2712 P Industries Printing and Publishing 2711-2796 Industries Professional Offices 6712-6799, 6411, 96311-6399, 6531, 6541, 6552, 6553, 8111 Professional Organizations 8631 Public Administration 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611- 9661 Public Service Facilities- Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 P P P P Real Estate 6521-6541 Real Estate 6512 P Real Estate 6512-6514, 6519, 6531-6553 Real Estate Brokers and 6531 Appraisers Real Estate Offices 6531, 6541, 6552, 6553 Recreational Service Facilities Recreational Services- Indoor 7911-7941, 7991- P P P P 7993, 7999 Recreational Uses C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 14 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in.Each Zoning District v W z P= permitted GTMUD ti o P = permitted C-1 thru C-3 0 1,o p U CO�- m E= permitted with certain W y CO o `7 exceptions 0 o 3 (z.)tu co m0Ve ' c 0 V N Blank cell = prohibited (also � >n m E=� — 0 M see table of conditional and nmmFe O ' x accessory uses) k v 'c _ y o Ez 2 41 > c o ca N N 8 > > O O = Gt d v .0 a Ov N O c i -&-t Q ! cu 0 E CDa m zcWeo .` L . C O Q c w zca W m d d m C) O �S V Q -13 d vez 3-e E E E c env wo O O O O d G> Land Use Type or Category rn (7 0M-0- 8cc) v v c) c� _ CO Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related 7699' services, not elsewhere classified Research Centers 8093 Research Services 8732 P P Residential uses Retail Nurseries,Lawn and 5261 P P P Garden Rubber and Misc. Plastic 3021, 3052, 3053 Products Safety Service Facilities Schools, public P Schools-Vocational 8243-8299 P P Security Brokers, Dealers, 6211-6289 P P PPP Exchanges, Services Shoe Repair Shops or 7251 P PPPPP Shoeshine Parlors Shooting range, indoor 7999 Single-Family Dwellings P Social Services 8322-8399 P P Stone, Clay, Glass and 3221, 3251, 3253, Concrete Products 3255-3273, 3275, 3281 Storage Synthetic Materials 2834 Testing Services Textile Mill Products 2211-2221, 2241- 2259, 2273-289, Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and reel repair. C:\Documents and Settings\CatherineFabacher\Locai Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 15 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land o ,•-•Uses in Each Zoning District o co c n m CO CC 'P=permitted GTMUD 3 c E-o mc P= permitted C-1 thru C-3 >- +m..E a g ' 'CGs1 Um yvE=permitted with certain W 'v o ot �o 0exceptions o � W 0160- z 0 m N M Blank cell =-prohibited(also - m W=_E a. 0- -tv- v see table of conditional and W 2. m cCa m E2 0 d . v accessory uses) k x .S. ,. E co c e2mo v in z 2 Q 1..-„ G o_ m :a ' , LLI w' v S.m Q.m (� LA .ti m is � w N N 1 >s= O O t 0 �` 'R Q 12 . `. 0,Q N OL. V E E IZ 5 7 U e m.x0 I- co cn o,-3 g m Q eo eo o E g W000 0 w � t3a WE E E 0C) WV -0 .=wU > V ct Cli K m c U 3 y m o o E E E C d W C7 2 o. 8ina8 C) 0 0 0 0 2 Land Use Type or Category z 1- 0 CO v ca 2297, 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parking Lots 7514, 7515, 7521 P P Townhouses P P /-� Transportation by Air 4512-4581 Transportation Equipment 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799 Transportation Services 4724-4783,4789 P Travel Agencies 4724 Travel Trailers 5561 Two-Famiy Dwelling P United States Postal Service' 4311 P PPPP Veterinarian's Office` 0742 P PPPP Veterinarian's Office 0752 P P Videotape Rentals 7841 P PPPP Vocational Rehabilitation 8331 Services Welding Repair 7692 Wholesale Trade 5148 Wholesale Trade- Durable 5021, 5031, 5043- Goods 5049, 5063-5078, 5091, 5092, 5094- 5099 Wholesale Trade- Nondurable 5111-5159, 5181, Goods 5182, 5191 Excludes major distribution center. 2 Excludes outdoor kenneling. 3 Limited to 1,800 square feet of gross FLOOR AREA. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 16 Q Q Q Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Table 1. Permissible Land Uses in Each Zoning District v W z P= permitted GTMUD ti k o a M y m o -CS o)mt �+ P = permitted C-1 thru C-3 o Iv c 0403Em,- m E= permitted with certain W , c0z v o exceptions o 0 3 g v toEm•O ' y hmU' = e 0 V N eh Blank cell =prohibited(also la m E! ti m ti see table of conditional and 0 co m m• p accessory uses) k x .y_As ti E y �a - ' ,�, v ' 2 o�mmcx o g m ' 0 tu v s.0 ;Q W Z N = N R Ti C7 % NEmy= 2 ,� c E •L - cc 1 ' � x ' v —c EE 0 � 0 E- u) NnZ3 z m QTo To R 0 E O k co C w m. mw Ill et d d d co 0 0 I- m ii 6 .2,'e Z E E E EEE c c V Q K m SV3Ha�o 0 0 0 O O a) fA C9 ' of m ca'0 8 C) 0 0 V (9 m Land Use Type or Category s i- o m u m Wildlife Conservancies 9512 Wildlife Management 0971 Wildlife Refuge/Sanctuary Wildlife Sanctuaries Watches/Clocks 3812-3873 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 17 90 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM TABLE 2. LANDS USES THAT MAY BE ALLOWABLE IN EACH ZONING DISTRICT AS ACCESSORY USES OR CONDITIONAL USES. C =conditional use A=accesso use Note: X The C-1,through C-5 Zoning Districts are shown so the r _ reviewer can see what O I _p .. r, N C7 1.—Ic) —underlying commercial uses C) 0 g C) C) C) C) C.) are allowed according to the I— Bayshore/Gateway Overlay O criteria in the Growth Management Plan for Collier County.Mixed Use projects are limited to C-1 through C- Administrative or service 3 according to the Growth Management Plan for Collier building County Adult day care 8322 Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching, or wholesale reptile breeding Agricultural 0741, 0742, 0752- Agricultural services 0783 C C Amusement&recreation 7911 services 7911- 7941, 7991- Amusement&recreation 7993, services 7QQ7 C 7948, 7992, Amusement&recreation 7996, services 7999 C C Ancillary plants C C C Animal control Aquariums 8422 Archery ranges 7999 Assisted living facilities Auctioneering Services, 7389, /-"" auction rooms and houses 5999 C C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 18 1 � Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C =conditional use A=accesso use !; ' Note: The C-1,through C-5 Zoning X rt Districts are shown so the reviewer can see what 0 I 6 ' underlying commercial uses C) g C.) U C) C) (.) are allowed according to the 2 I- Bayshore/Gateway Overlay I—3 qcriteria in the Growth Management Plan for Collier Mixed Use } are limitedlto Cthrough C- 5521, 3 according to the Growth 5551, Management Plan for Collier County Automotive dealers and 5561, gasoline service stations 5599 C C 7513, Automotive rental/leasing 7519 C Beach chair, bicycle, boat or moped rentals Bed & breakfast facilities 7011 C Boathouses C Boat ramps Boat yards 8422 Botanical garden C Bottle clubs 5813 C C Camping cabins Care Units A Caretaker's residence A A A A Category II group care facilities Cemeteries 2812- Chemical products 2899 8351 C Child day care C C Churches & places of 8661 worship C Civic&cultural facilities Clam nurseries n Cluster development Cocktail lounges 5813 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 19 q Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C = conditional use N, A= accesso use Note: The C-1,through C-5 Zoning XDistricts are shown so the rt � �, .a 2 reviewer can see what 0 I ? M r N u7 underlying commercial uses g 0 C C 0 are allowed according to the 3 V 2I— Bayshore/Gateway Overlay - N I- 0 criteria in the Growth Management Plan for Collier County.Mixed Use projects are limited to C-1 through C- 3 according to the Growth Collection/transfer sites Management Plan for Collier County Commercial uses C C C 4812- Communications 4841 C Communication towers A C C Community centers 7922 Community theaters Concrete or asphalt plants Continuing care/retirement centers 5411 Convenience stores Dancing establishments& staged entertainment 6011- 6099 C Depository institutions C Detention facilities Docks 5813 Drinking establishments Driving ranges C Earthmining 5812 Eating establishments C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 20 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C =conditional use A= accesso use Note: 0 The C-1,through C-5 Zoning X• tr Districts are shown so the � reviewer can see what G6 c M ' underlying commercial uses • a V > g V 0 V V tj are allowed according to the g Bayshore/Gateway Overlay N ~ _ criteria in the Growth Management Plan for Collier County.Mixed Use projects -� ,- are limited to C-1 through C- 3 according to the Growth 8211- 8222 Management Plan for Collier County C Education services C Education facilities; public 8211- C &private schools 8231 C Electric generating plants Electric, gas, &sanitary 4911- services 4971 Excavation Extraction related processing and production 3482- Fabricated metal products 3489 Farm labor housing Farm product raw 5153- materials 5159 C Field crops C 0912- Fishing/hunting/trapping 1919 C 2011, Food products 2048 Food service C Food stores (over 5,000 5411- s.f.) 5499 Fraternal lodges, private club, or social clubs C C 5983- Fuel dealers 5989 C C Fuel facilities Funeral services & 7261 C crematories C Gas generating plants Gift shops 5947 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 21 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C = conditional use A= accesso use Note: • The C-1,through C-5 Zoning KreDistricts are shown so the . reviewer can see what I G underlying commercial uses V V V C.) C) C.) are allowed according to the V Bayshore/Gateway Overlay 4:14S ro M I— criteria in the Growth t9 Q, Management Plan for lier County.Mixed Use proColjects are limited to C 1 through C 3 according to the Growth Golf club houseManagement Plan for Collier County Golf course Golf driving range Group care units Guesthouses Health services 8011 Homeless shelters 8322 C CC C C 8062- Hospitals 8069 7011, C C /'1 Hotels and motels 7021. Hunting cabins Incinerators Jails Justice, public order& 9211- safety 9224 C C 0742, Kennels & kenneling 0752 C Kiosks C C Leather tanning &finishing 3111 Livestock 4111 Local and suburban transit 4121 C 4131- Local and suburban transit 4173 C 2411- Lumber and wood 2421, products 2429 C C Maintenance areas C Major maintenance facilities 4493, Marina 4499 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 Q 22 t Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C =conditional use A=accesso use a ? , � • Note: The C-1,through C-5 Zoning X re Districts are shown so the C 2 reviewer can see what I 6 .; cit e? ' In underlying commercial uses g C) C.) V ) V Care allowed according to the M I— Bayshore/Gateway Overlay criteria in the Growth Management Plan for Collier CountyMixed Use projects are limited to C-1 through C- 3 according to the Growth Management Plan for Collier Mental health facilities County Merchandise—outdoor sales 7999 Miniature golf course C Mixed residential and C commercial C C Model homes and model sales centers Motion picture theaters 7832 C Motion picture theaters 7833 C C 4212, 4213- Motor freight transportation 4225, and warehousing 4226 Motor freight transportation 4225, and warehousing 4226 C Noncommercial boat launching ramps Nursery—retail 5261 Nursing and personal care 8062 C facilities C Nursing homes 1321, Oil and gas extraction 1382 Oil &gas field development and C Outdoor display C Packinghouse C Paper and allied products 2611 7291 C Personal services C Petroleum refining and 2911- ^ related 2999 Pistol or rifle range C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 23 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C =conditional use A=accesso use Note: The C-1,through C-5 Zoning KDistricts are shown so the -m0 reviewer can see what O I G N ch ' 19 underlying commercial uses V G V 0 0 0 0 are allowed according to the Bayshore/Gateway Overlay criteria in the Growth Management Plan for Collier County.Mixed Use projects are limited to C-1 through C- Play areas and A 3 according to the Growth playgrounds A Management Plan for Collier County Poultry raising (small) 3312- Primary metal industries 3399 Private boathouse and docks Private clubs Private landing strips Pro shops (large) Pro shops(small) Recreational facilities Recreational services C C Refuse systems 4953 Rehabilitative centers 8093 Repair or storage areas Residential uses Resource recovery plant Restaurant(small) or 5812 snack shoo Restaurant(large) 5812 Retail shops or sales Rubber and misc. Plastic 3061- products 3089 Sanitary landfills Sawmills Schools, public or private C Schools, private C C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 q 24 { , Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C =conditional use A=accesso use Note: G The C-1,through C-5 Zoning X re Districts are shown so the 2 reviewer can see what y G = e N M ' L) underlying commercial uses 2 C) C) C) C) C) are allowed according to the V 2 I— � Bayshore/Gateway Overlay I— criteria in the Growth C7 Management Plan for Collier County.Mixed Use projects m:= are limited to C-I through C- 8243- 3 according to the Growth Schools, vocational 8299 Management Plan for Collier County Service facilities Slaughtering plants 2011 C Social association or clubs 8641 C 8322- Social services 8399 Soup kitchens C C C C Sports instructional camps or schools Staged entertainment facility 3211, 3221, 3229, 3231, 3241, 3274, Stone, clay, glass and 3291- concrete products 3299 Swimming pools- public Storage, enclosed Tennis facilities 2231, 2261- 2269, 2295, Textile mill products 2296 Transfer stations 4212 C C 0741- Veterinarian's office 0742 C 5015, 5051, Wholesale trade—durable 5052, goods 5093 C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 25 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C =conditional use A=accesso use Note: The C-1,through C-5 Zoning Districts are shown so the 2 OC reviewer can see what 0 I G N C L? underlying commercial uses A2 V V V V V are allowed according to the V 2 H Bayshore/Gateway Overlay y criteria in the Growth Management Plan for Collier County.Mixed Use projects are limited to C-1 through C- 5162, 3 according to the Growth Management Plan for Collier 5169, County 5171, Wholesale trade 5172, nondurable goods 5191 7997 Yacht club C Zoo C fTh C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 26 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM CHAPTER 4 SITE AND DEVELOPMENT STANDARDS 4.02.00 SITE DESIGN STANDARDS 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Intent The-purpose and intent of this Subdistrict is to provide an option to current and future property owners by encouraging a mixture of medium intense commercial and residential uses on those parcels with frontage on US 41, Davis Boulevard, and Airport Pulling Road. Included also is the "triangle" formed by US 41on the South, Davis Boulevard on the North and Pine Street to the West. Developments will be pedestrian-oriented and reflect building patterns and facade articulation of traditional neighborhood design. The current zoned commercial property within the Mixed Use Subdistrict will remain under current LDC commercial regulations (except for certain site development standards as stated in this section) until the property owner decides to opt a to the GTMUD-MXD Subdistrict, which allows residential and commercial (C-1 through C-3) uses if part of a mixed development. Any property in the GTMUD- Mixed Use Subdistrict for which the underlying zoning is RMF-6 is allowed to have commercial uses only if it is part of a mixed use development. B. Regulations For Outdoor Display And Sale Of Merchandise. 1. No automatic food and/or drink vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site 3. Outdoors display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors'occupational license. b. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: Vehicular and pedestrian traffic safety measures. ii. Location of sale/display of merchandise in relation to parking areas. iii. Fire protection measures. iv. Limited hours of operation from dawn until dusk. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 27 X00 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM C. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict Design Standards Mixed Use Subdistrict Front Setback Zone Davis Boulevard, US 41, Airport-Pulling Road and Commercial Drive 1. The first 8 feet of the Front Setback Zone shall be a 16 Feet "streetscape" zone". (GTMUD Figure 1) The Measured from back of curb. existing public sidewalk shall be removed at the time of redevelopment, and the area ("streetscape" The Front Setback Zone shall apply to any zone) shall be landscaped with street trees and be new buildings or structures a location for other elements such as lights, in the C-1 through C-5, Zoning Districts benches, trash receptacles, etc. which under lay the GTMUD Mixed Use Subdistrict. 2. The"sidewalk" zone" (GTMUD Figure 1) is the next 8 feet and shall be sidewalk only. 3. The property owner or developer will build the elements, which comprise the "streetscape" or "sidewalk" zones according to the design guideline. See GTMUD Figure 1, 2 and 3 and other requirements as the County or its designee consider appropriate. 4. The County will require an easement from the property owner for any portion of the "streetscape" or "sidewalk" zones, which is on the owner's property. The County or its designee shall maintain the"streetscape"or"sidewalk"easement. Front Yard Build-to-Line 16 Feet Measured from back of curb. If no curb exists the Front Yard Build-to-Line shall be 6.5 Feet from the Front Property line. 1. The Front Yard Build-to-Line shall mean an alignment which dictates the front yard setback The Front Yard Build-to-Line shall apply to from the back of curb,to be followed by buildings or any new buildings or structures in the C- structures fronting thereon and shall mean that line 1 through C-5 Zoning Districts which under to which a building facade must be built, not a lay the GTMUD Mixed Use Subdistrict. minimum distance. 2. A minimum of 70 percent of the building's front facade shall be placed on the Front Yard Build-to- Line. The additional Front Façade has to be recessed a minimum of 3 feet from the Front Yard Build-to-Line. 3. A minimum 10 feet Step-Back from the Front Build- to-Line is required at the third floor and above. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 28 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Front Setback Zone Other Streets in Mixed Use Subdistrict 9.5 Feet 1. The 9.5 feet Front Setback Zone shall be a Measured from back of curb. "streetscape" zone". (GTMUD Figure 1) The existing public sidewalks (if any) shall be removed The Front Setback Zone shall apply to any at the time of redevelopment, and the area new buildings or structures in the C-1 ("streetscape" zone) shall be landscaped with through C-5,Zoning Districts which under street trees and be a location for other elements lay the GTMUD Mixed Use_Subdistrict. -_ :_ such as lights, benches, trash receptacles, etc, 2. The property owner or developer will build the elements, which comprise the "streetscape" and "sidewalk" zones according to the design guideline. See GTMUD Figure 4 and other requirements as the County or its designee consider appropriate. feet from the Front Build to Line on all floors. Tho Front Yard Build-to-Line At the Front Property Line 1. The Front Build-to-Line shall mean that line to which a building facade must be built, not a The Front Yard Build-to-Line shall apply to minimum distance.The Front Build-to-Line shall be any new buildings or structures in the C-1 at the front property line and in most cases this will through C-5 Zoning Districts which under be the right-of-way of the street. lay the GTMUD Mixed Use Subdistrict. 2. A minimum of 70 percent of the building's front façade shall be placed on the Front Build-to-Line. The additional Front Façade must be recessed a minimum if 3 feet from the Front Build-to-Line. 3. A minimum 10 feet Step-Back from the Front Build- to-Line is required at the third floor and above. Minimum Setbacks Side yards-abutting residential 10 feet Side yards-all other 0-5 feet Rear yard 0-5 feet Waterfront" 25 feet setback 'Outdoors seating areas,canal walkway,water management facilities,and landscaping area may be located within the required setback. 2 To allow the maximum use of the waterfront,new construction building placement on a lot can vary from the required setbacks,provided such variation is recommended by the CRA Local Advisory Board and the county architect and approved by the County C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 29 � 0 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Maximum Density 1. 12 units per acre' in the"Mini Triangle"defined by US 41 East, Davis Boulevard and Commercial Drive 2. 12 units per acre for the residential with access to US 41 East to include all areas of the Mixed Use Subdistrict except: • North-side of Davis Boulevard • East Side of Airport-Pulling Road The Density Rating System andapplicableFuture Land Use Polices limit these areas. 3. Residential only projects (not part of a mixed use development) and projects not qualifying for 12du/a density will use the Density Rating System and applicable Future Land Use Polices to determine density. Minimum Floor Area 700 square foot gross floor area for each building on the ground floor. Minimum Lot Area 80,000 Square feet Minimum Lot Width 400 feet Building Footprint A building with only commercial use is limited to a maximum building footprint of 20,000 square feet. Building Height 14 feet of building height equals one story Maximum Height of Structures Commercial Use Only Buildings 3 stories or 42 feet measured from first habitable finished floor elevation, by NFIP standards. Residential Use Only Buildings 3 stories or 42 feet or 4 stories or 56 feet if fronting on US 41, measured from first habitable finished floor elevation, by NFIP standards. Mixed-Use Residential over Commercial 4 stories or 56 feet measured from first habitable Use Buildings finished floor elevation, by NFIP standards. Hotel/Motel 4 stories or 56 feet measured from first habitable finished floor elevation, by NFIP standards. Mixed Use Building Uses Only first two floors can be used for commercial uses. Ceiling Height The first floor ceiling height shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. ' In order to get the 12 units per acre the 388 unit Density Bonus pool must be used.This Bonus is allocated on first come basis. Since the under lying zoning is commercial with no density allocation the County's base density of 4 units per acre less one(1)unit because of being in Coastal High Hazard Zone applies. For example a 10-acre site would get 120 units at 12 units per acre. The base density would allow 30 units,(3 units per acre).The 90 unit difference would have to be deducted from the 388 unit allocation leaving a balance in the Density Bonus pool of 298 units for future use.Once the 388 unit Density Bonus pool is allocated only the affordable housing density bonus can be used to increase density. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 30 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM GTMUD Figure 1 —Front Setback Zone Davis Boulevard, US 41, Airport-Pulling Road and Commercial Drive Front Setback Zone Mixed Use Subdistrict and C-#through C-5 commercial cial,' ing ‘I� ,rid . Alualli 11 an an straticopt mow* ppp Z�IM T9M91F Row skthickslawisr.st GTMUD Figure 2—Design Guidelines: Streetscape and Sidewalk Zones Davis Boulevard, US 41, Airport- Pulling Road and Commercial Drive „wilt*35r Rope Milan MOM "4'4 C411949041 atom Pintab Canaffiona,such to Evattiaost et 1 f .. 0.,,,,,,,4:44,0,.� 0 :14,:.4.11.1x.1. „..1.4...p", 4 1 :1 :,'!`4:1:>.1`4,1::.#n�i <'k# t fi4i.; :: fo, 1;;74144.1,11 "A ssr'*> il. r4s r;v: IP,'::',,..4.*;41.,rrit� �.i• • '*,:�•ri°ri ii, 04 „16,1**,A 40,, , Oh ..t,.-_. ..,"..-,....»,'...,. ..-.. "..4%104,4‘..444,...,44,44.4.4%":441...P.e � 9 �`' f4444rri,°*,*s z' i%� 4i {iir *:4 4,,, . ,,, s % � i ,1rz vt1.. *z-, ..f r-,ks� *` ; : r .44,N,'4,4'41 40 -, P.:1}„...„., wry ilitiPs Sim GorxmP6taFa $.7 vxl-Vix34, : as v-. f' ad/xeRPlantalg P"..\ Pattern:ilarfingtrarte NI4 d4d raBoOsisartioad C:\Documents and Settings\CatherineFabacher\Local Settings\Tempora. . emet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 31 0 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM /"N GTMUD Figure 3-3 Story Building Height, Step Back, Projections, and Recesses --Mixed Use SubdFstrictrAU Fat= or All Residential 3 Safes Maximum mogfre 42 feet Commercial Awing Districts Heights according to affront'Lti i ;0 Feethaninume Fond Yon Bandenite 3nf Saw A'' 2= 42 R .41i.%\t C+anowndet tlesar pp.i 4 e5Fe t II And Pharr Haight 1n NdisesV,en 12 Fee[ Naowe Men IgFserlir Anadron. . I . € acted Hearin Calm e. adunniar _e. a. aFeel A/eafmunsIles I Rant Wed Einad-tolitle.and Roman ,e�ece 11"841147 613 TiPilt I GTMUD Mixed Use Subdistrict1 throughC-5 Districts: Building HeightLStepaackfFrons end Recesses C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 32 10 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM GTMUD Figure 4—4 Story Building Height, Step Back, Projections, and Recesses Allred Use SubdistriceRVBsi t above COMMOMiat or Residential Only Fronton. 41 4 Stades Maximum lbsight:SS Feet s Afiatwatibr is to LOC °`r ' • 10 w -# mlbsidgeticO the*Ili ot 4 Sado n �. mow,'.4: UalAWIWIthillOW3e, Utwollhoc nC ar IV A 1 t .. d: tl " PeElmra8 li MN 11ikon 18Ft, born j r '�1A9iari4 OAR/ 1 A ;I RO1rFioe r Conwmck0 O. V a root Oft*Fox*sum t be Ono,co I, .ne Reormses I must be s Minimum ct3 Foot I ' I l GTMUD Mixed Use Subdistrict and C-1 through Districts: Bu idin! .. - , : :c •. . - r. s end Recesses C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 33 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM D. Parking Standards. 1. Four(4) spaces per 1,000 square feet of floor area open to the general public for commercial use. 2. Minimum one and one half(1.5) parking spaces for each residential unit. 3. Outdoor cafe areas shall be exempt from parking calculations. 5. Parking Location Interior Lots 100% of required parking must be located behind the Front Yard Build-to-Line on side or rear of the buildings. Corner Lots 100% of parking must be located behind the Front Yard(s) Build-to-Line on side or rear of the buildings. The parking location requirements will also apply to new development for C-1 through C-5 zoned property, which under lay the GTMUD Mixed Use Subdistrict. GTMUD Figure 5— Parking Location Front Yard Buddao-tine GTMUD-Mixed Use Subdistiet 100%Required Padang (f/ on Rear or Sides. Location of Off Street Parking 1-1 _'+. .--, j lulnniiinn Comer Lots ` 1 • e s 100%of parking permitted interior Lots i I i on side or rear of Front 100%of parking permitted i i Yard Build-to-Line. on side or rear of Front Yard s % Front Yard Build-to-tine Buildto ie. P .74e i L_ _____ _ Front Yard Build-to-Line M - Public Street _ 6. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LDC except that the CRA Local Advisory Board shall male a recommendation for approval or denial to the Board of Zoning Appeals or Planning Commission. E. Design Standards for Awnings, Loading Docks, Dumpsters, and Streetwalls 1. Loading docks and service areas shall not be allowed on the Front Build-to-Line. 2. All dumpsters must be located in the rear yard and not visible from US 41, Davis Boulevard, Commercial Drive, or Airport-Pulling Road. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 34 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM ,-- 3. Streetwalls shall be used when surface parking lots abut the right-of-way of US 41, Davis Boulevard, Commercial Drive, or Airport-Pulling Road. The wall shall be constructed of the same or complementary materials as the primary buildings and be 3 to 4 feet in height, and shall have a 12 inch projection or recess a minimum of every 10 to 12 feet. The"streetwall" can be a combination of "wall" and metal "fence" materials, which complement the building materials. The street side of the"streetwall"will have 2 foot high shrubs planted in a 3 foot wide strip. 1 '` r__i:C3 D o Sir it ie f I �a +{ � ;�.►se SIM { Itilui tt nil iiiiii lltlitlifl sem- ;i Yit .s cio-uosain " { L m.A.. . ,1 ., } � 1 9----- -if ' �. U .1—; - . K ;. I_ GTMUD Figure 6-Streetwall F. Landscaping and Buffer Requirements. 1 1. As required by Chapter 4.06.00 of this Code unless specified otherwise below: 2. Special buffer requirements for commercial zoning districts C-4 and C-5 contiguous to GTMUD-R Residential or GTMUD- MXD Mixed Use Subdistricts (i.e. residential over commercial or residential only or commercial only) zoned property shall be a Buffer Type B with a six feet high wall or fence. G. Architectural Standards. 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. All buildings adjacent to US 41, Davis Boulevard, Commercial Drive, Airport-Pulling Road or future north-south streets will have the principal pedestrian entrance fronting US 41, Davis Boulevard, Commercial Drive, Airport-Pulling Road or future north south streets. 3. Thirty-five (35) percent of the buildings facade that faces US 41, Davis Boulevard, Commercial Drive, or Airport-Pulling Road will be clear glass. 4. Clear glass windows between the height of two (2) and seven (7)feet above sidewalk grade are "--\ required on the primary facade of the first floor of any building. 5. Attached building awnings, canopies or balconies and may encroach over the Front Build-to-Line by a maximum of five(5)feet. C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 35 1o$ Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM /'\ 6. Florescent colors shall riot be used. 7. Maximum uninterrupted building length requirements: Where a building or a series of buildings form a continuous wall that exceeds 200 feet in length, a pedestrian walkway or passageway shall be provided at the ground floor within the middle third of the length. The walkway/passageway shall be not less than 15 feet in width and not less than 10 feet in height. A walkway/passageway may be roofed.A walkway/passageway shall be open to the public. GTMUD Figure 7 Building Length Gt7MtUD-Mixed Use Sr &sine, Puilding.1-Anfith I f 1 I i � Ma Cmc � memot� ,� tiroFee* liootiMa }_ j, __ G.Architectural Design Theme. The architectural Design theme shall also to new construction in GTMUD Mixed Use Subdistrict, and the C-1 thought C-5 Commercial Zoning Districts with in the GTMUD Overlay. 1. The architectural design theme of new buildings shall reflect the"Old Florida"or"Florida Cracker" vernacular.This includes using the architectural a minimum of four elements listed below: Hip or gable roof Dormers or copulas . Porches or verandas M Balconies 4 `v` 1 Large overhangs Shutters � ' `- 4 ,.ot 2, ' '''' i :::„._,-, „ ,. .: ‘,...;,.,„„ 41-4 , 4., * CAS a � : C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 36 101 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM 2. Renovated buildings (existing structures) shall make every attempt to include/retrofit components of this style if possible within the limitations of the buildings current architecture and site area and configuration. 3. Hip or gable building roofs shall be metal seam material. 4. Windows with vertical orientation and divided glass trim. 5.---facade-wall-building materials-shall-be of-wood;c-stucco--or"cementous board products" (Hardiborad). H. Signs. As required by division 5.06.0 unless specified below: 1. One "sandwich sign" is allowed on the public right-of-way per business establishment as long as it is no more than ten (10) square feet per side and it is removed from the right-of-way when the business is not open. 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--RESIDENTIAL SUBDISTRICT(R) A. Intent The purpose of this Subdistrict is to encourage the development of a mixture of residential housing types with the building patterns of traditional neighborhood design. B. Dimensional and Design Standards Table 2. Design Standards in the GTMUD Residential Subdistrict(R) Density Density Rating System or RMF-6 6 units per Plus Affordable Housing Under Lying Zoning RMF 6 acre Bonus if applicable and the or RSF 4 RSF-4 4 units per Density Rating System acre Minimum Lot Width Single-family 50 feet Two-family 50 feet Townhouses 25 feet Multi-family 100 feet Minimum Setbacks Min. Front Yard Min. Side Yard Min. Rear Yard (feet) 7 1/2 feet One(single)family 10 feet 15 units 5 feet Two family dwelling 10 feet 15 units 0 feet when abutting another townhouse, if Townhouse 10 feet not then the same 15 standards as a two family dwelling unit 7.5 feet Multi-family(three or 10 feet 15 more) dwelling units Building Standards C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 37 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM Minimum floor area 750 square feet per unit Maximum height of principal structures 3 habitable floors or 40 feet Maximum height of accessory screen enclosures Same as principal structure, not to exceed 35 feet Maximum height of all other accessory structures 24 feet C. Specific Design Requirements 1. Minimum off-street parking requirements: Single Family two(2)spaces per unit Two Family two(2)space per unit Townhouse one and one half(1.5)space per unit Multi-Family one and one half(1.5)space per unit 2. Buildings and their elements shall adhere to the following: (See GTMUD Figure 8): a. Buildings shall be divided using articulation and/or modulation at least every sixty(60)feet. Facade modulation is stepping back or extending forward a portion of the facade at least five (5)feet measured perpendicular to the front facade for each interval.Articulation includes porches, balconies, bay windows and/or covered entries. b. The primary entrance shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. c. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes,window proportions and spacing, and door placement. d. All mechanical equipment must be screened with a three(3)-foot high hedge or an opaque /1 fence or wall at any height to completely screen the mechanical equipment. e. A maximum of two feet of fill shall be allowed on site towards meeting FEMA requirements. Additional FEMA height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the main structure. GTMUD Figure 8-Typical Front Elevation Residential Development iii. L<#.1:111 nu 6111,_ ..` 1111 1111 111111111111111111111111111111111111111111111111 11111111•111111011 .!/ 4 11 tl I1R elel 1111 MI ,1111 �m�4a� aeI JJ� ��: nrl ■ uI xui (t II11 se,w.�:= a1111111:=1:= 3 Jd' I 1 ECI: SArp FeflgpWanted IMO Say ,skve F yIe ed - Thpro egypp2RR7 Pm SWW PmAm*1DlR f 1i�.=,.�, _' LA 51 EI/1 0 51{1 111t €IYt I � 31!21, — '. �mS:S t16€11 �� ia£'i... ■'.■ in -i i� Ein ■■ sIf iiia -[iel 1111 1 0111 - ... 11 31:1E t2,, lidIIiS I -.11I1 -1 H!1 - 11ld nu f � fell Ii Et e 3bnaf�Cglnsl : &Vs Fe towhee + 3. Buildings shall adhere to the following elevation requirements: a. Open stilt-type construction is not permitted. On front yards,the facade area below the first floor must be treated with a solid facade or lattice, which is consistent with the C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 38 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM architectural style of the building. b. The garage floor shall not exceed twenty-four(24) inches above the elevation of the right-of-way from which it is accessed. 4. Front porches shall adhere to the following standards. a. Front porches that adhere to the following standards, may encroach seven (7)feet into the front yard setback b. Front porches must cover a minimum of forty(40) percent of the horizontal length of the front yard facade of the primary residence. c. Front porch design and materials shall be consistent with the architectural design and construction materials of the primary residence. d. Front porches shall not be air-conditioned or enclosed with glass, plastic, or other materials. Screening the porch is allowed as long as the moldings that hold the screen material match the material and design character of the structure. e. Steps shall encroach no more than four feet into the front yard setback. GTMUD Figure 9—Front Porches # r 1111il I- 6). is a !:j' I:, 1 _ , X111 AIL: X1.11 ' i` Dm IIIIIIIIIIIII MM. ftrzties40%of front 5. Garages and Driveways. a. The rear setback may be reduced to ten (10)feet if a front-access garage is constructed on the rear of the residence. b. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. c. For new residential construction garages and portacheres shall be recessed a minimum of ten (10)feet behind the Front Yard Setback of the primary residence. e. No freestanding carports are permitted. Carports and portachere must be attached to the main structure and of similar materials and design as the main structure. f. The distance from the back of the sidewalk to the garage door must be at least 20 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 20-foot paved area on a C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 39 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. GTMUD Figure 10 Garages ., 7,,,,,,,,,, ..,... ._,./.... . / ......,iui ,i -...„;,,,,,..; „ ,,,,- f , o :e ,,,, .,., , , -,,,,,,, f., * ,e ;(,,,,, *..7:...,,,,A g 0 .., ,,,,,..,,,,,, ,,,,4 4...1 r . n�rw ....... r.. :r: . / u.. ......... 7., ....... i GTMUD Figure 11 Portacheres 1. i F A <, j a- '''''"' N.22_.. 1. . A / rPL ),r x C:\Documents and Settings\CatherineF abacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 40 0 Final Gateway Triangle Mixed Use Overlay District 7/25/2005 8:45:23 AM 6. An accessory unit is a separate structure located at the rear of the property and related to the primary residence for uses which include, but are not limited to: studio, workshop, playroom, or guesthouse. Ownership of an accessory unit shall not be transferred independently of the primary residence. a. Only one(1)accessory unit is permitted per principal structure. b. The maximum area of an accessory unit is 550 square feet, limited to one (1) habitable floor. c. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight(8)feet in width. d. 7. Fencing forward of the front or primary facade of the structure is permitted subject to the following conditions: a. The fence shall not exceed 42 inches feet in height. b. The fence is not opaque but provides an open view. c. Chain link fence is prohibited. ,"` d. The fence material shall be wood,vinyl, composite, or metal. e. Fencing and walls must architecturally complement the primary structure as determined by the County Manager or designee. GTMUD Figure 12—Permitted Typical Fencing ''''':- <- le," , - Nt „ N,L.j.rirj.A °� 1 ni k________ - , ' , : ,,:.. e ?w o v_*,,,,, iti, ' iHi 4s F taIll ,... gal C:\Documents and Settings\CatherineFabacher\Local Settings\Temporary Internet Files\OLK7A\BW FINAL 7.22.05 GATEWAY TRIANGLE OVERLAY DISTRICT.doc 7/25/2005 41 LDC Amendment Request ORIGIN: Golden Gate Downtown Commercial Overlay Ad Hoc Committee AUTHOR: John-David Moss DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC 2:62 LDC SECTION: 2.03.07 N. LDC SUPPLEMENT #: n/a CHANGE: Include zoning overlay language to implement the Golden Gate Parkway Downtown Commercial Subdistrict. REASON: The Golden Gate Downtown Commercial Overlay Ad Hoc Committee was formed in late December 2003 as a direct result of the Golden Gate Master Plan (GGAMP) Restudy process. During the GGAMP restudy, Golden Gate community members expressed a desire to develop new land use regulations for eastern Golden Gate Parkway, from Sunshine Boulevard to Collier Boulevard, in order to create a commercial downtown district for residents of Golden Gate City and Golden Gate Estates. The original six members of the ad hoc committee were personally selected by Commissioner Tom Henning, the commissioner for the Golden Gate district, based on these members' participation on the GGAMP Restudy Committee or involvement with other Golden Gate-area civic organizations. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts associated with the zoning overlay. RELATED CODES OR REGULATIONS: n/a GROWTH MANAGEMENT PLAN IMPACT: The Golden Gate Downtown Center Commercial Overlay District was developed to implement the Downtown Center Commercial Subdistrict of the Golden Gate Area Master Plan, adopted October 26, 2004 and effective January 14, 2005. OTHER NOTES/VERSION DATE: n/a Amend the LDC as follows: t i 5 N. Golden Gate Downtown Center Commercial Overlay District(GGDCCO): Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City., as referenced in the Downtown Center Commercial Subdistrict Map (Map 17) of the Golden Gate Area Master Plan) and attached herein. 1. Purpose and intent. The purpose and intent of this overlay district is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas, such as outdoor dining areas and pocket parks, which do not impede the flow of traffic along Golden Gate Parkway. Also, emphasis shall be placed on the construction of mixed- use buildings. Residential dwelling units constructed in this overlay district are intended for employees who work within Golden Gate City or Golden Gate Estates, retirees, and seasonal residents. The provisions of this overlay district are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that is compatible with residential development within and outside of the overlay district. 2. Aggregation of properties. This overlay district allows the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this overlay district are low intensity retail, office,personal services, institutional, and residential. Non-residential development is intended to serve the needs of residents within the overlay district, surrounding neighborhoods, and passersby. 3. Applicability. These regulations apply to properties in Golden Gate City lying north of Golden Gate Parkway, generally bounded by 23rd Avenue SW and 23rd Place SW to the north, 45th Street SW to the west, and 41st Street SW and Collier Boulevard to the east. South of Golden Gate Parkway,these regulations apply to properties bounded by 25th Avenue SW to the south,47th Street SW to the west, and 44th Street SW to the east. These properties are more precisely identified on Map 17 ("Golden Gate Downtown Center Commercial Overlay District")of the Golden Gate Area Master Plan and on the overlay map herein. Except as provided in this regulation, all other use, dimensional and development requirements shall be as required or allowed in the underlying zoning categories. 4. Cessation of residential uses. Existing,non-owner-occupied residential uses located along Golden Gate Parkway shall cease to exist no later than seven years after the effective date of the adoption of the Downtown Center Commercial overlay district in the Golden Gate Area Master Plan(adopted October 26, 2004; effective January 14, 2005). This does not require the removal of residential structures that are converted to uses permitted in this overlay district within one additional year; nor does this overlay district require the removal of residential units located elsewhere in this overlay district. 5. Crime Prevention Through Environmental Design(CPTED) Standards. The Golden Gate community supports the Crime Prevention Through Environmental Design philosophy as a way to reduce crime, improve neighborhood and business environments, and increase the overall quality of life of its citizens. As such,the applicant is strongly encouraged to work with the Sheriffs Office-who will make recommendations to enhance the usage of CPTED principles such as natural surveillance,natural access control, and territorial reinforcement. These recommendations are strongly encouraged to be implemented. 6. Development criteria. The following standards shall apply to all uses in this overlay district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the growth management plan, these standards shall supersede any less stringent requirement or place additional requirements on development. 7. Permitted uses. Permitted uses within the GGDCCO shall include: a. Those uses permitted by right within the C-1, C-2 and C-3 zoning districts, as outlined in this Land Development Code (LDC). b. Residential uses permitted by right in the existing residential zoning districts. c. Commercial printing,not to exceed 5,000 square feet per floor(group 2752, excluding newspapers). d. Engineering, accounting,research, management and related services, not to exceed 5,000 square feet per floor(groups 8711- 8748). e. Miscellaneous retail,not to exceed 5,000 square feet per floor(groups 5912-5963, 5992-5999). f. Real estate (group 6512). g. Vocational schools,not to exceed 5,000 square feet per floor(groups 8243-8299). 8. Conditional uses. Conditional uses within the GGDCCO shall include: a. Those uses allowed as conditional uses within the C-1, C-2 and C-3 zoning districts, as outlined in the LDC. b. Those conditional uses allowed within the existing residential zoning districts, except as otherwise prohibited below. c. Outdoor dining areas, not directly abutting the Golden Gate Parkway right-of-way. d. Auctioneering services, auction rooms, not to exceed 5,000 square feet per floor (groups 7389, 5999). 9. Prohibited uses. The following uses are prohibited in this overlay district: a. All uses prohibited within the underlying residential and commercial zoning districts contained within this overlay district. b. Those uses identified in paragraph D. of the Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan: i. Automatic food and drink vending located exterior to building. ii. Any commercial use employing drive-up, drive-in or drive- through delivery of goods or services. iii. Enameling, painting or plating as a primary use. However, these uses are permitted if secondary to an artist's or craft studio. iv. Single-room occupancy hotels,prisons, convention facilities, halfway houses, soup kitchens or homeless shelters. v. Uses as may be prohibited in an implementing zoning overlay district. c. Automotive services (7549). d. Bars, lounges, bottle clubs (5813). e. Child day care services (8351). f. Churches and houses of worship (8661). g. Civic, social and fraternal associations (8641). h. Communication towers. �-. i. Fire protection(9224). j. Gasoline service stations (5541). /'1 k. Group care facilities; care units; nursing home; assisted-living facilities; and continuing-care retirement communities. 1. Homeless shelters or soup kitchens (groups 8322 and 8361). m. Hospitals (groups 8062-8069). n. Individual and family social services (8322). o. Kennels and veterinary services (groups 0279, 0742 and 0752). p. Labor pools (7363). q. Laundromats (7215). r. Liquor stores (5921). s. Miscellaneous personal services (7299). t. Non-depository credit institutions (groups 6111-6163). u. Pawn shops (5932). v. Personal services (7215). w. Recreational facilities not accessory to principal use. x. Retail firearm and ammunition sales (5941). y. Schools (8211). z. Sexually oriented businesses (as defined in Ordinance No. 91-83). 10. Setbacks. a. All development and redevelopment on property abutting Golden Gate Parkway shall have no front yard setback requirement; properties elsewhere in the overlay area shall utilize the underlying zoning's front yard setback requirement. b. Side yard setback shall be 5 feet. l c. Rear yard setback shall be one-half of the building height, with a 15- foot minimum. 11. Footprint. Freestanding buildings along Golden Gate Parkway must have a minimum footprint of 3,000 square feet and a maximum footprint of 12,000 square feet. 12. Maximum height. Buildings shall be a maximum height of three stories not to exceed 45 feet, measured from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. 13. Architectural standards. All buildings shall meet the requirements set forth in Section 5.05.08 except as otherwise specified below: a. Buildings with frontage on Golden Gate Parkway shall have sixty(60) percent of the ground-floor façade finished with clear or lightly tinted glass. b. The glazed area of the façade above the first-floor shall be at least twenty(20)percent but shall not exceed thirty-five (35) percent of the total area, with each façade being calculated independently. c. Design elements used to embellish the primary façade shall be similarly incorporated into the rear facade of buildings adjacent to single-family homes. d. In order to disrupt the monotony created by monolithic walls, the façades of buildings 5000 square feet or larger shall use rooflines that vary in height or architectural embellishments, such as parapets or cupolas, at least every eighty(80) feet. 14. Common architectural style. In support of the purpose and intent of the GGDCCO, all structures within the overlay district shall have a common Mediterranean architectural style, with barrel tile roofs, stucco façades, arches and wood accent members used as details. During the site development plan review process, architectural drawings shall be submitted to demonstrate adherence to this requirement. All commercial buildings and projects shall be subject to the provisions of Section 5.05.08 of the Code. 15. Access. For properties with frontage on Golden Gate Parkway, access shall be required from the rear with abutting commercial properties required to share access. Il-V 16. Parking standards. a. A minimum of three (3)public parking spaces for each 1,000 square feet of commercial floor area. b. A minimum of 1 1/2 parking spaces for each residential unit. __ No parking is allowed in the front yard. d. There shall be no parking requirement for outdoor restaurant seating areas. e. Shared parking is required,where possible and feasible, with interconnections between adjacent parking lots. f. CPTED techniques should be incorporated into the design and security of all parking areas (i.e. visibility, access and security). g. Parking facility lighting shall maintain a light level of 4.0-foot candles, and shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. h. The overnight parking of commercial vehicles with a rated load capacity of one ton is prohibited. i. The number of commercial vehicles parked overnight shall not exceed 30 percent of the required parking spaces for each use as required in LDC Sec 4.05.04.G. 17. Landscaping. As required in Section 4.06.00 of this Code unless specified otherwise below. 18. Project standards. In addition to the site design elements described in Section 5.05.08 C.5.d, all projects shall provide: a. Two accent or specimen trees above the minimum landscape code requirements for every 100 linear feet along the front and rear façades, with a minimum height of 18 feet at planting. b. Decorative landscape planters or planting areas, a minimum of five(5) feet wide, and areas for shaded seating consisting of a minimum of 100 square feet. c. For properties fronting on Golden Gate Parkway, a hedge shall be planted within the four-foot landscaping strip between the curb and the sidewalk as required by Section 4.06.05 C. 4. This hedge shall be trimmed to maintain a minimum height of 30 inches and a maximum height of 36 inches. Said landscaping strip shall also contain one four- inch caliper treeper 30 linear feet, which shall be trimmed to maintain a six-foot height clearance. 19. Signs. As required, allowed, or prohibited in Section 5.06.00 of this Code, except as specified below: a. Address number shall be no larger than 8 inches in vertical height. b. A single external sign may be applied to the facade of the building provided that it shall not exceed two (2) feet in vertical dimension by any length. The sign shall consist of letters applied directly on the façade of the building. c. External sign shall not be translucent, but may be externally lit or backlit. d. In addition,the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and not to exceed one third of the length of the canopy. e. One hanging or projection sign shall be used for each business located on the first floor. Such signs shall not exceed 6 square feet and shall not project more than four(4) feet from the building on which it is attached. The signs shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a height of 12 feet. f. Signs on the interior of a window shall be limited to no more than 20 percent of a window up to a maximum of 12 square feet in area. g. No sign, display, merchandise or window tinting shall be placed on or adjacent to any window that would interfere with the clear and unobstructed view of the interior of the establishment from the outside and, in particular, of the cash register(s) from the street. 20. Lighting. All projects shall use the same decorative lighting, identified as Figure 29 on page 5-9 of the Golden Gate Community Roadways Beautification Master Plan. If such lighting becomes unavailable, similarly themed lighting shall be used. Light fixtures must light all public use areas adjacent to the building(e.g. entryway, courtyards, etc.)to a recommended 0.5 to 1.0 ft. candle level of illumination. Lighting shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. 21. Dumpsters. Dumpsters shall be placed in a location that is not visible from any right-of-way or pedestrian walkway. �..,� LDC Amendment Request ORIGIN: AUTHOR: Kay Deselem DEPARTMENT: Zoning&Land Development Review AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC LDC SECTION: Section 1.08.02 and 2.04.03 LDC SUPPLEMENT#: Supplement 1 CHANGE: Amending the conditional uses in the Rural Agricultural District "A" to add Sporting and Recreational Camps (SIC 7032) that was omitted (LDC Section 2.2.2.3.20) during re-codification. ,-� REASON: Prior to re-codification, the LDC allowed Sporting and Recreational Camps (LDC Section 2.2.2.3.20) as a conditional use in the Rural Agricultural District A. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: July 20, 2005 Amend the LDC as follows: 1.08.02 Definitions Sporting and recreational camps: A facility, public or private, which may offer permanent or temporary shelters such as cabins or tents and is primarily engaged in providing camping, sporting or other recreational activities. Examples of sporting and recreational camps shall include boys' and girls' camps, hunting camps, fishing camps, or summer camps. 2.04.02 Table of Land Uses in Each Zoning District Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses S-.iS2I tdPI £-IS2I Z-dSX I-1S?1 Y V 01 U DO aPoj jig N N N enM M , 0 .-, .r ,--i 01 —4 O\ a., M O\ en d- en en O �h aO tO O 1..1 .174 vCy ; a ' =�i FL • . O N U O H h rr ,--4 a0 CID d U CA /) E., o U C/i � C%) V] ¢,En LDC Amendment Request ORIGIN: Z&LDR AUTHOR: Catherine Fabacher DEPARTMENT':- Z&LDR AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC2:116 LDC SECTION: 2.04.03 Table of Land Uses in Each Zoning District LDC SUPPLEMENT#: Supplement 1 CHANGE: Remove Single Family Dwellings as a permitted use in Golf Course (GC) Zoning District and restrict the permitted use of single family residences in the Residential Multiple Family-12 (RMF-12) Zoning District to existing nonconforming lots subject to Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. REASON: To correct errors to the Code that occurred during re-codification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 4.02.01 and 2.04.03 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: July 19,2005 Amend the LDC as follows: 2.04.03 Table of Land Uses in Each Zoning District [see attached copy of table 1: page LDC2:115 on next page] 112-62 (ciI)S 7aulelpgnS lepeapreag w (z11)Z 7°We1p4n6 prAeapreag M ' (III)7°111fJPgn6 1.11..P!..111 M 7°FAelpgnS 7no-9-*aieM ,CapanO aen parr/many-la a.aoga fea a. P. a, a. 6alaanO leraaammo3 e.mq.eg awes w w P. a. (aalegommp mg..nO 7..+1S 1.e1%1 (a'Pnlommp 6epan0 wammgr-ry (aalegommy)Sepan0 7a$-aew......4 I paammo0 oag}O preoleenaxa den.N-na eape1O eaPl°O M a, P. 30-Arn[i°a3 Almnmmo0 d-..I1.119..1 w NOD-vopenaaeao0 R. aH•$tea..,...ma M w P. w I-[eWe'Pnl a a w w P. a g•0•Ia[aaammoo.Cneag w M w w w w a, ¢O-leplammo0 le.maan A. M P. P. P. P. P. 6`0•a1e1pam-1a1e1 prp-aammo0 a P. P. Z-O-aanamanao0 prp-rammo0 P. P. PO-saargO 1r4-.aa0 pee leeoreaajoad prp-rammo0 A. 0 v OAULT.•Pmro.a8dme0 opmaA leaoyearaag-iape;L PAW', P. HTV-amog ollgoyq i 11A•leyoaplealy aHelpA P. 111.7 4L PrAnaPlea}I a 9I.3INlI.9T-4lP...°IdAInp4 leAnaploag • W ZI.AP121•SI-FIInm3 oldpinw PrAnapl a� CO 7 0 11-AMI-9-4P..3°IdA@IAi P..napna p P. Z 6 UF- 1 3 [� 3IeA PPmlT a 93611'TAS11• P� a el ea M N 2 N CI) 3'aie7e3 P. w J Z V.prmlprau8y pang M Z O ,--i N 05-aemo0 ROD P. e f m m m .n�L. - °'pm 'O I.1 m M H . 7 N n m M'12'1 m M i N N h � b .y� rl - • N r° O CV m N N .i d'h pert`c "i-,,,.; &: 1'' 4 5'teh'",�T'. n o .o N N N O1 r- a ' {,� } . H d •6$71 ig pp ,, 14„ k g 0 A �p 11 8 6 1 m m 4;1.;t It a �. ,Y,L!1 11 -egm l r'^"', lliri I, s ,t a 6 g ,I I.> 4, ` V a' 1 j g4 ip fir- a15T m� E " z v9 vq. w a a 5 � w , hv 4�`4 M1 I S �+ Ph q pgri �'a > t It r '�' 'w � a .'�c'gy g u' 8 8 m "e °7 .'� .9 3. w� zSxC nmv" E ntn° tnn nm nc4 m �' E� H l w r R.7` ..; k urn,IL .;, x-� c:..,' m'� y `de -9 a 9 , B 3 0 15Limited to 1,800 square fee of gross floor area 16The permissible activities include,but are not limited to:crop raising;horticulture;fruit and nut production; forestry;groves;nurseries;ranching;beekeeping;poultry and egg production;milk production;livestock raising;and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. "The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying;ranching; poultry and egg production;milk production;livestock raising;and animal breeding,raising,training,stabling or kenneling.This is not to preclude an individual property owner from the keeping of fowl or poultry,not to exceed 25 in total number,and the keeping of horses and livestock(except hogs)not to exceed two such animals for each acre and with no open feedlots,for personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size 18Except outdoor kenneling in groups 0741,0742 and 0752. 19Except that chemical treatment of soil for crops,fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district. 20Except that aerial dusting and spraying,disease control for crops,spraying crops,dusting crops,and insect control for crops(with or without fertilizing)shall be a minimum of 500 feet from a residential zoning district. 21Only when located within an activity center.If outside of an activity center,see the conditional uses table below. 22The retail services building must be 5,000 square feet or less of gross floor area,except that drug stores are not subject to this floor area limitation. 23Except pawnshops and building materials. 24Except auction rooms,awning shops,gravestones,hot tubs,monuments,swimming pools,tombstones and whirlpool baths. 25Single family dwellings are permitted only on existing nonconforming lots subject to the lot design requirements n set forth for RSF-6 in Section 4.02.01:Table 1 Lot Design Requirements for Principal Uses in Base Zoning Districts. LDC Amendment Request ORIGIN: Community Development and Environmental services AUTHOR: Mike Bosi,AICP DEPARTMENT: Zoning&Land Development Review AMENDMENT CYCLE#OR DATE: Cycle Two 2005 LDC PAGE: LDC4: 13-14 LDC SECTION: 4.02.03 LDC SUPPLEMENT#: Original LDC Recodification(04-41) CHANGE: Add language to accessory structure setback criterion to establish a benchmark for the seawall elevation from which the rear yard accessory setback is determined. REASON: To prevent builders from artificially raising the existing seawall to gain compliance with the reduced rear yard for accessory structures as provided for in section n 4.02.03.A.Table 4 of the LDC FISCAL & OPERATIONAL IMPACTS: NA RELATED CODES OR REGULATIONS: LDC section 4.02.03.A.Table 4 GROWTH MANAGEMENT PLAN IMPACT: NA OTHER NOTES/VERSION DATE: This version was created on July 7, 2005 Amend the LDC as follows: 4.02.03 Specific Standards for Location of Accessory Buildings and Structures * * * * * * * * * * * * I /2-- 1 Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots Setbacks Structure to Front Rear Side structure (If Detached) 1. Parking garage or carport, single-family SPS SPS SPS 10 feet 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/1 1 Swimming pool and/or screen enclosure (one-and SPS 10 feet4. SPS N two-family) 3 5. Swimming pool (multi-family and commercial) SPS 20 feet 15 feet N 6. Tennis courts (private) (one- and two-family) SPS 15 feet SPS 10 feet 7. Tennis courts(multi-family and commercial) SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 10 feet feet (See section 5.03.06(F)) 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS feet 12. Attached screen porch SPS 10 feet SPS SPS l3O 4 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 N/A feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 feet SPS 10 feet N=None. N/A=Not applicable. NP=structure allowed in rear of building only. SPS =Calculated same as principal structure. * = 1 foot/foot of accessory height= 1 foot/foot of building separation 1 1/foot of accessory height= 1/foot of building separation. 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall or top of bank for determining the setback for the rear yard accessory setback on a parcel shall be no greater than the average mean elevation of the top of seawall or top of bank on the two immediate adjoining parcels. 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall or top of bank for determining the setback for the rear yard accessory on a parcel shall be no greater than the average mean elevation of the top of seawall or top of bank on the two immediate adjoining parcels. 13I LDC Amendment Request ORIGIN: AUTHOR: C. Fabacher DEPARTMENT: Zoning&Land Development Review AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC4:30 LDC SECTION: 4.02.14 LDC SUPPLEMENT#: Supplement 1 CHANGE: Re-titling the section to indicate that Special Treatment (ST) District Standards are also included in this section. REASON: Staff notes that several applicants have called because they could not locate the Design Standards for ST Districts. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: June 15, 2005 Amend the LDC as follows: 4.02.14 Same—Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the ACSC-ST area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern. B. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida, Department of Community Affairs, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration. * * * * * * * * * E. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in section 4.02.14 F. below. F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. 2. Review and recommendation by planning services director, planning commission and environmental advisory council. The site alteration plan or site development plan shall be submitted to the planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the planning commission and the environmental advisory council (EAC) for review and recommendation. Neither the planning commission nor the EAC review shall require a public hearing nor notice to the abutting property owners, but shall be held in a regular meeting. The planning commission and EAC recommendations and county staff recommendations shall be forwarded to the BCC for final action. 3. Final action by board of county commissioners. Final action on the site alteration plan or site development plan lies with the BCC. The board shall review the proposed site alteration plan or site development plan in regular session and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan. 4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local, state and federal permits for the alteration or development of the subject property. 5. Commencement of site alteration or site development. Upon obtaining all required local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accordance with the conditions and requirements of said permits. Submission requirements for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. The 0 following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land: * * * * * * * * 34 n LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas E. Kuck,P.E., John Houldsworth DEPARTMENT: ___Engineering Services AMENDMENT CYCLE# OR DATE: Cycle 1,2005 LDC PAGE: LDC4:62 LDC SECTION: Section 4.03.02 LDC SUPPLEMENT#: Original LDC recodification(04-41) CHANGE: Add sentence clarifying platting requirement REASON: The platting requirement is currently assumed but is not specifically stated. This amendment provides clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177,Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version was created on December 15, 2004 at 2:15 p.m. Amend the LDC as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Anv division of land meeting the definition of subdivision which is not otherwise exempt by this section shall require the filing of a subdivision plat in accordance with the requirements of Section 10.02.04 of this code. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Ross Gochenaur DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE#OR DATE: Cycle 2, 2005 LDC PAGE: LDC 4: and 10: LDC SECTION: Sections 4.03.03 and 10.02.01 - 10.02.04 LDC SUPPLEMENT#: Original LDC re-codification(04-41) CHANGE: Various portions of the Code dealing with platting policies, procedures and submittal requirements have been altered or deleted. REASON: The LDC was previously amended to eliminate mandatory Preliminary Subdivision Plats (PSP)and allow applicants the option of submitting only the Final Subdivision Plat (FSP). The intent was to combine the PSP and FSP reviews, but the previous amendment failed to specify policies, procedures and submittal requirements for accomplishing this. The current amendment rectifies that oversight, and also deletes language referring to development orders which no longer exist(e.g., major and minor site development plans). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version was created on November 22, 2004 at 12:15 p.m. Amend the LDC as follows: 4.03.03 Exemptions * * * * * * * * * * * * C. A minor subdivision, as defined in Chapter 1 for multi family residential requirements and procedures for design requirements for access under section 1.04.00, . !, . . ' - . • . . . . .. . , . D. An integrated phased development, as defined in Chapter 1 and which has plats (Chapter 10) and improvement plans(Chapter 10); provided,however, nothing requirements and procedures for design requirements for access under section 4.04.00, - - ., _ - .. ! , . - . . ' . . . . .. . . . - �. . . . ' . --- ., . . - . . . . . . . . . development be different from the conditions in Chapter 10 applicable to site * * * * * * * * 10.02.01 Pre-Application Conference Required A. Subdivision review procedures. 1. Preapplication conference. Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. 0 a. Preapplication. A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: * * * * * * * * * * * * * b. Issues of discussion. Issues that shall be discussed at the preapplication conference -— shallinclude but are not limited to the following: * * * * * * * * * * * * iv. Application contents. In conformance with the requirements of this section, the County Manager or his designee shall establish the contents of the preliminary or final subdivision plat required to be submitted for the proposed development. This shall include descriptions of the types of reports and drawings required, the general form which the preliminary or final subdivision plat shall take, and the information which shall be contained within the preliminary or final subdivision plat and supporting documentation. n v. Application copies and fees. The County Manager or his designee shall identify the number of copies of the preliminary or final subdivision plat application that are required to be submitted for the proposed development, along with the amount of the fees needed to defray the cost of processing the application. * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * * B. Subdivision exemptions. Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or his designee. After a determination of completeness,the County Manager or his designee shall approve, approve with conditions or disapprove the request for exemption based on the terms of the applicable exemptions. To the extent indicated,the following shall be exempt from the applicability of this section. * * * * * * * * * * * * r 138 plat. 3. Minor subdivisions for multifamily rcsidcntial and nonresidential development. t. l . . • _ • . . - - - • • • - . ^ /1. Integrated phased developments. An integrated phased development, as defined in section 1.08.00 and which has been previously approved in accordance with - -- . . . . . • - !.! - - - - procedures for design requirements for access according to the Collier County Construction Standards Manual, water management plans according to the Collier performance security under sections 10.02.01 and 10.02.05, and major site different from the conditions in section 10.02.03 applicable to site development * * * * * * * * * * * 10.02.03 Submittal Requirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate � 3� land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a. Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership, provided that a fee-simple townhouse plat is approved in accordance with the provisions of section 10.02.04.B.4 Vic. Underground construction; utilities, communications and similar underground construction type activities. e—.d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. 4:e. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04.04. €g_ Project entryway signs, walls, gates and guardhouses. g h. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. 14 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. * * * * * * * * * * * 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission-requirements enumerated below. In other words,if an applicant chooses this option,the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum,the following information and materials: * * * * * * * * * * * * * t. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. _ . - ' . , . .. . . • • _ --- • .' - • . • • .. . . .• -., . . For fee-simple residential lots,the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot(example: Lots 1-20, single-family attached(patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and/or separation of structures. Also for fee simple residential lots,the illustration shall portray the location of typical units on atypical lots (such as cul-de-sac,hammerhead and all irregular lots). For non- residential lots (e.g., multi-family amenity lots or parcels, commercial/industrial lots),the illustration shall portray setbacks & building envelope. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. 141 Where more than one type of dwelling unit(e.g., single-family detached, single-family attached,zero lot line)is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Let-meas A table shall be provided showing lot area and lot width for each irregular lot; regular corner and interior lots may show only typical width and area. * * *_ -_* * - *_-- 4. Effect and limitation of approval of preliminary subdivision plat. a. Prccondition for improvcmcnt plans and final subdivision plat. Only after 13:a. No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat, and the county shall not be estopped to subsequently deny approval of the improvement plans and final subdivision plat based on changes in federal, state or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or desirability of the preliminary subdivision plat, nor shall the county be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. 6:b. Time limitations. Refer to the provisions of 10.02.05 A. houses and the like, - upon approval of the plat by the board of county enc. Relationship to zoning and planned unit developments. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision; provided,however,the zoning or planned unit development application and the preliminary subdivision plat may be processed concurrently at the written request of the applicant to the County Manager or his designee. f:d. Approval ofimprovement plans and-final-subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding,no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E. and 10.02.04 B.3. shall be the subject of a preliminary work authorization as set forth herein. A preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. * * * * * * * * * * B. Final plat requirements. * * * * * * * * * * * * * 4. Final subdivision plat submission requirements. The submittal of final plats for which no preliminary subdivision plat is contemplated must include, apart from the final plat and/or improvement plans, that information required for review of preliminary subdivision plats in accordance with Section 10.02.04 A.2. For only those final plats incorporating townhouse development on fee simple lots, the following additional information, prepared by a registered engineer and/or landscape architect, as applicable, must be provided, either separately or in conjunction with the information required by Section 10.02.04 A.2.: a. Landscape plans, signed and sealed, in accordance with Section 10.02.03.B.1.c b. Zoning data as follows,prepared on maximum size sheets measuring 24 inches by 36 inches, drawn to scale: i. A coversheet which includes: a) The name of the development. 143 b) The zoning district, and PUD name and ordinance number, if applicable. c) A legal description of the property,both prior to, and after, subdivision. d) The name, address and phone number of the agent preparing the plat, and the name, address, and phone number of the property owner. e) A vicinity map, clearly identifying the location of the development. ii. A site plan,providing the following information in table format: a) Total site acreage. b) Total square footage of impervious area(including all parking areas, drive aisles, and internal streets) and its percentage of the total site area. c) Total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable)floor area required and floor area proposed. d) All required and provided setbacks and separation between principal and accessory structures. e) Maximum building height allowed by zoning district and height proposed. f) Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement. g) A parking summary, showing number of spaces required, and number of spaces provided. h) Preserve area required and provided. i) Illustrative information(drawing) accurately depicting the following: 1) Name and alignment of existing/proposed rights-of-way of all streets bordering the development the location of all existing driveways or access points of the opposite sides of all streets bordering the development; and the location of all traffic calming devices. 44 2) Location and configuration of all development ingress and egress points. 3) Location and arrangements of all proposed principal and accessory structures. 4) Name and alignment of existing/proposed rights-of-way for all internal streets and alleys. .-.___. ...-.- 5) Directional movement of internal vehicular traffic and its separation from pedestrian traffic. 6) Location of emergency access lanes, fire hydrants and fire lanes 7) Location of all handicapped parking spaces. 8) Location of trash enclosures or compactors, if applicable. 9) Location and proposed heights of proposed walls or fences. 10) Location of sidewalks and pathways, designed in accordance with Section 10.02.03.B.1.i, xiii. 11) Location of sidewalk parking in accordance with Section . 10.02.03.B.1.i.xv. 12) Location of all required preserves with area in square feet. 13) Any additional relevant information as may be required by the County Manager or his designee. 5. Contents and Substance of Final Subdivision Plat. The final plat itself must shall be drawn on only standard size 24-inch by 36-inch sheets of mylar or other approved material in conformance with F.S. ch. 177. The final plat shall be prepared by a land surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than one inch equals 100 feet. The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform, at a minimum, to the following requirements: a. Name of subdivision. The plat shall have a title or name acceptable to the County Manager or his designee. When the plat is a new subdivision,the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision, it shall carry the same name as the existing subdivision and 145 as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the name of the subdivision is not consistent with the name utilized for any zoning action for the subject property, a general note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. b. Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision. The-subtitle shall include the. name of the county and state; the section,township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or the like. * * * 10.02.04. C Relationship of Plats to Site Development Plans No site development plan may be accepted for concurrent review with a preliminary subdivision plat. Once the preliminary subdivision plat has been approved, site development plans may be submitted for review concurrent with the submittal of the final plat. No site development plan may be approved until the final plat receives n administrative approvaland no building permits may be issued until the finalplat is recorded exce for :•-•; MM*= 'r; 7; c°te u 1016.:A121 Where no preliminary ary subdivision plat is contemplated, one(1) Site Development Plan may be submitted for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. Approval of the SDP will be withheld until the final plat has received administrative approval, and no building permits may be issued until the fmal plat has been recorded. LDC Amendment Request ORIGIN: Community Development&Environmental Services AUTHOR: Michelle Arnold DEPART-MFN-T: Code Enforcement AMENDMENT CYCLE# OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:77 LDC SECTION: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use LDC SUPPLEMENT#: 1 CHANGE: Inclusion of approved stabilized surface types for designated parking areas associated with residential use. �-. REASON: Approved stabilized surface types for designated parking areas associated with residential use were omitted in the adoption of 04-41. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Last Revision Date 7/22/05 Amend the LDC as follows: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use All automobile parking or storage of automobiles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located. The parking and/or storage of automobiles in connection with the residential dwelling .-� units they are ancillary and accessory to shall be regulated as follows: 14-1' A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized treated surface areas made of concrete, crushed stone, asphalt, or pavers specifically designed designated for the parking of automobiles. The designated parking area wish may not comprise an area greater than forty(40%)percent of any required front yard;;,which,nonetheless,may not serve to limit a driveway to a width of less than twenty(20) feet. All parked automobiles shall utilize only the designated . parking areas of the 1o . B. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to stabilized surface areas made of concrete, crushed stone, asphalt, or pavers, specifically designated for the parking of automobiles. The designated parking area shall which may not comprise an area greater than fifty(50%)percent of any required front yard, which, nonetheless will not serve to limit a driveway to a width to of less than twenty(20) feet„ and-a Separate driveways may be provided on each side of the two-family structure—but, in no case, shall the combined area of both driveways and any other designated parking areas exceed fifty(50)percent of any required front yard. C. Multi-family (i.e. three (3) or more) dwelling units: Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to pervieus-or stabilized surface areas made of concrete, crushed stone, asphalt, or pavers designated for the parking and storing of automobiles. Pervious ' - • -. -- . - aAreas designated for the parking of automobiles shall not exceed a ratio of two and one-half(2=1/2) automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. D. Where multi-family structures consist of single-family attached (i.e. row houses) dwelling units each with its own driveway to a common access-way, public or private street, all parking of automobiles shall be limited to the driveway and or garage combination. E. Automobiles parked and/or stored in connection with residential dwelling units, as described above,shall be owned by the occupants of the dwelling unit or units, unless the vehicle is owned by a firm, corporation or entity for which a dwelling unit occupant is employed. This provision shall not be construed to apply to automobile vehicles owned by persons or business firms at the site for social or business purposes. F. No other portion of a front yard may be used to park or store automobiles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. I ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE#OR DATE: 2005- Cycle 2 LDC PAGE: 4:97 LDC/UDC SECTION: LDC section 4.06.02. Table 2.4. LDC SUPPLEMENT#: Supplement 1 CHANGE: To clarify Type"A" and Type"B"Buffer within PUD's. REASON: Flexibility should be allowed in Type A and Type B landscape buffers for residential PUD'S that have lakes that occur between single family and multi-family developments. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDC as follows: 4.06.02.C.1 Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When an Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered to provide views. Clustered tree plantings shall not exceed 50 feet between clusters. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed- 50 feet between clusters and the clustered hedge plantings can-be provided as a double row of shrubs that are a minimum of 30 inches in height. 3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. b. A continuous three gallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right- of-way,pursuant to section 4.06.05 C.4. c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three gallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. r-„\ d. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve,retain and incorporate the existing native vegetation in these areas. ORIGIN: Community Development and Environmental Services tTh AUTHOR: Michael Sawyer, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE# OR DATE: 2005- Cycle 2 LDC PAGE:- 4:112 LDC/UDC SECTION: LDC section 4.06.05.C.7. LDC SUPPLEMENT#: TBD CHANGE: To clarify this section of the code and limit the use of synthetic (man made)turf REASON: Natural lawn grasses benefit our community in ways that synthetic turf can not. Synthetic turf does not allow the same degree of water to percolate into aquifers, absorb pollutants before discharge off site, produce oxygen, slow water movement in water management swales, or reduce soil erosion. Synthetic turf increases heat gain and increases the amount of water run-off into water management systems. Synthetic turf deteriorates over time requiring removal and replacement with corresponding disposal challenges. P-•, FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Other communities prohibit the use of man made (synthetic) turf products due to aesthetic, environmental, and water management issues. Amend the LDC as follows: 4.06.05.C.8 immediate - � - - - - '- •- - _ ... -- _,� -- - •: - • '- --- -- .. , --, ground coverage until permanent coverage is achieved. The use of drought tolerant 5p d ,] Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs, or seed installation methods. All water management areas and slopes steeper than 6:1 shall be sodded. The use of drought tolerant turf species is encouraged. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area. ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE# OR DATE: 2005- Cycle 2 IDC PAGE:- 4:112 LDC/UDC SECTION: LDC section 4.06.05.C.11. LDC SUPPLEMENT#: TBD CHANGE: To require specific landscape techniques and engineering standards based on slope conditions. REASON: The LDC does not link slope conditions with appropriate landscape treatments and engineering standards. The current trend in compact site development often requires the use of steep slopes. Flexibility is needed when steep slopes are used with appropriate engineering safe guards and landscape techniques to address health, safety, welfare, and aesthetic issues. FISCAL & OPERATIONAL IMPACTS: There will be additional costs for the landscape and engineering treatments required by this regulation however additional development will be possible through the proper use/T of steeper slopes. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.05.C.11. 11. than three to one. The toe of the slope shall be set back a minimum of five feet from the edge of all right of way and property lines. Existing native vegetation shall be incorporated into the I S4 • _. .. • . I : • .. 11. Treatment of Slopes: The following landscape and engineering standards are required. See: Slope Chart 4.06.05.C.11. and Slope Cross Sections 4.06.05.C.11. TC — 0 O N or lC a • C a+ 0 0 N CU Cti O ' 3 y c . — Ecasc -Na cY — C N .- — 0 6f ca co y co .Q N N L L = w L r C CO d = a) m a) d — o a> ° ,c a o L o a c a m L r T dL. N a) .cc r 6S C N -a W dto 7 d co 4.' o r C S w 'a r•. C N L v V N a. O - N 0 a) O C� =O Il. r ° 0) O. a N d = C �+ d •�' Q- a) C 3 > o c a) >. ii 0 3 c 0 0 c Nr 5t a: E .� d a) 0. 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N N „S 0 CQ N N 6) > > C a oO tiLL C w° 3 'Ca �a y C d O IaQ >- N ;O Q 8C7 UwE c 9 m ° ° - wm +, c O. ca 2L5 L_ RI al c ` 50 O ` c v ow , . c ° >, a w 0r) o d Oo Cl) C in 10 0 = c N Ow, c O � � r CaY •w.0 .0C N O -0 R N a) ty — a aN — 3 Q y 0Q `ca 6 a) ` t � �• o cp E0 AEa) 0o a) o lio ia 10 .c >° ' ++ a- °. a) 44C w v) w6V . caac.) r is dO .5a) O6 N00 0 N o o 0 r N I- V cow E C a _ t)V > N2 Od > Q oE C tNV cONr O-a - NOo a) ` c a) M d d a) N E c°i N y al T N R _ O N C N c6 C C w w C c c y Ei i0 d > > 0 L. c E = 3 +r C NJ N E 0 �_ N aci c co as _a N _ L. O O 1 v0 ° ca te.. 0) N . E O m O w 'N E C oc 0) m `m w E •a C 7 c Car N L y a) O co E L u) v N c % N ° ° c U .1" ° •_C t a1 N .0 > O N wN'- N y E .- c .E .� my R ,LL o E ` >° c — o .- Y Cc .perCE d o • Q p O . V 4. ccccOc v ro W m m .0 cad O O N a) co O c) O O ca a) aO -0 4- ,C \ c d '.- '. d d d — — N N a, C N 0 rN d N , Q '8 3 > c ° +VdNo N 0 N _ V 6 ,_ — • ' ° °i O la aC t _ Q0 E a6N o ° oL Eyc. acC _ c � � O V NNyRtaa) 0 O a tv L QQ6a .0.- Ryw • d n O ted m pn c rG r 0 1— I— x N . 1..2 xN 4 0. 11. CU rW x O. coa.+ * -1-1x › x Qi * x E N O r U LtiO • O r- r' T- to O a+ d co N co U) C d' as ca . r t Q) t-• Fes,. H c co a LL L L as Q� Cl)o Oa) a) o H A a, L Q f+ cn ate.+ ate+ Q �� O Cl) Cl) as CO Z Z Z Z i.+ cn 1 5G a. Perimeter water management walls shall not exceed 3 feet in height and shall be set back from property lines a minimum of 2 feet. In addition when water management walls are located in landscape buffers the walls shall be consistent with section 4.06.02.D of this code. All water management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4 below. b.Water management areas with continuous vertical walls or open vaults are prohibited. c.Slopes adjacent to dedicated-Preserves shall be planted with 100%Florida native species, shall provide swales to direct water flow away from preserves, and meet set backs as required by section 3.05.07.H.3. of this code. Slope Cross-Sections 4.06.05.C.11. PLANTING i y AREA 10:1 (MAX.) GABIONS ///'''EXISTING /GROUND I BE PERIMETER BERM FACE `I PROVIDE SHALL OPACITY WITHIN ONE YEAR. ALTERNATIVE "A" IF SHALNOT BE SET BACK 2'MIN.FROM PROPERTY LINE r2S 10.1(MAX.) PLANTING I AREA "ETAMRNG E%ISTI WALL �GROUNONG PERIMETER BERM ALTERNATIVE "B" MTS E S, PUNTING AREA I 10:'1(MAX.) 1 SLOPE TREATMENT' - /\'/\\I\'\\O/J//`//\\//\. \%/\✓ji> /-\ PERIMETER BERM ALTERNATIVE "C" NIS E PLANTINGPLANTING AREA 5 5` AREA 10!1(MAX,) 10:1 (MAX.) SLOPE TREATMENT ` AA�//`�//\\�I I • \\✓\\//\i\. TREATMENT _/-f%ISTiNCCROUNO PERIMETER BERM ALTERNATIVE "D" I P...� ' 41,' s. ":,-4wiAe RIP RAP '�i tokitt XISTING CEO—TEXTILE FABRIC - 411-14N,44, . II ROUND0 . FIGURE #1 NT.S. TREES. SHRUBS ®'`,14s:••••V •s• & ORNAMENTAL. GRASSES 4. eiEXISTING; 3:1`- _,A A.. yGROUND FIGURE #2 N.T.S, %sof'G! TURF S�. ;.:••�l®\✓�Z GRASS 4, EXISTING OROUTyD FIGURE #3 N.T.S. r\ [12' rg�— I ` RETAINING EXISEING in WALL >;ROUND Lii FIGURE #4 - PERIMETER WATER MANAGEMENT WALL N.T.S. SLOPE TREATMENTS N.T.S. 159 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: David Weeks DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:120 LDC SECTION: 4.07.02 LDC SUPPLEMENT #: Supplement 1 CHANGE: Provide for additional circumstances where there is no minimum size requirement for a PUD; clarify which urban fringe area is subject to no minimum PUD size requirement; clarify PUD size requirement for portion of PUD separated by intervening street; and, define "infill parcels"that are subject to the two acre minimum size requirement. REASON: Some provisions in the Future Land Use Element (FLUE), Golden Gate Area Master Plan (GGAMP), and Immokalee Area Master Plan encourage PUD zoning and/or contain criteria that are more easily implemented through rezoning to the PUD zoning district. Some properties that could implement these GMP provisions are less than ten acres in size. Also, the neighborhood centers are similar to activity centers in that they allow a variety of commercial development and mixture of uses. One PUD rezone has been approved for property less than ten acres, located in a GGAMP neighborhood center. The Urban Coastal Fringe Subdistrict in the FLUE specifically encourages PUD zoning; however, the Urban Residential Fringe Subdistrict does not. There is no compelling reason to allow PUDs less than ten acres in size within the Urban Residential Fringe Subdistrict. There is no definition of"infill parcels" in the LDC or GMP. The proposed definition reflects past implementation of that term via PUD rezone approvals. Most "infill" properties rezoned to PUD utilized the Residential Infill density bonus provided in the FLUE, or were located within a Subdistrict in the FLUE or GGAMP with the word "Infill" in the title. However, at least one property was rezoned under neither of those scenarios but was adjacent to development on both sides. The proposed definition does not include reference to the Residential Infill density bonus, as deletion of that provision is included in the pending EAR (Evaluation and Appraisal Report)- based GMP amendments. ( o This section presently provides that a portion of a PUD separated by street right-of-way has a five-acre minimum size requirement; however, it also allows an entire PUD to either have a two- acre minimum size or no size requirement at all. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County or the public. Petitioners pursuing PUD rezones allowed by this amendment are subject to payment of petition fees intended to cover the costs incurred by the County for the process and review of those petitions. RELATED CODES OR REGULATIONS: Future Land Use Element, Golden Gate Area Master Plan Element, and Immokalee Area Master Plan Element of the Growth Management Plan. GROWTH MANAGEMENT PLAN IMPACT: Approval of this amendment will help to facilitate the rezone of property to implement development provisions contained in the GMP. OTHER NOTES/VERSION DATE: This version created on July 25, 2005. Amend the LDC as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS ^ * * * * * * * * * * * * * 4.07.02 Design Requirements * * * * * * * * * * * * * A. Minimum area. 1. The minimum area required for a PUD shall be ten (10) contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban coastal fringe areas as designated on the future land use map of the GMP, or when located within a neighborhood center as designated on the golden gate area master plan future land use map or Immokalee area master plan future land use map of the GMP, or when implementing the residential mixed use neighborhood subdistrict or the commercial mixed use subdistrict in the future land use element of the GMP, where no minimum acreage requirements must be met. 2. For infill parcels, as defined in Chapter 1 and the GMP, the minimum area required for a PUD shall be two (2) contiguous acres. For purposes of the planned unit development district only, the term "infill parcels" shall refer to property implementing any of the infill subdistricts identified in the future land use element or ^ golden gate area master plan element of the GMP, or property sharing at least two common boundaries with parcels that are developed. 1r1 3. For a PUD subject to the minimum area requirement of ten (10) contiguous acres, the term "contiguous" shall include properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five (5) acres. For infill parcels, the term "contiguous" shall include properties separated by either an intervening planned or developed public street right-of-way. For a PUD with no minimum area requirement, as identified in section 4.07.02.A.1., that PUD may include properties separated by either an intervening planned or developed public street_right-of-way. LDCA 2005 cycle 2—Sec.4.07.02.A.1.and 2. PUD infill and size requirement#2 G,Comp,David,LDCAs dw/7-25-05 161 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn R.A. A.I.A.Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE# OR DATE: Cycle 2,2005 LDC PAGE: LDC5:49 LDC SECTION: 5.05.08 C. 13. b. LDC SUPPLEMENT#: Supplement 1 CHANGE: definition of colors. REASON: clarification request. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version was created on November 10, 2004, Revised on July 22, 2005. Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building Design Standards * * * * * * * * * * * * 13. Materials and colors * * * * * * * * * * * * * IG b. Exterior building colors. The use of solid black, gray, florescent, primary or secondary colored materials or finish paint is limited to no more than ten percent of the affected façade or the total roof area, except that naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. Earth tone colors are encouraged. Building trim and accent areas may feature any color. Subdued pastel illustration #la colors lighter value colors (chromatic intensity 10% ie pink rose, and pale aqua) and deep or dark tones illustration lb colors (i.e. navy blues burgundy, turquoise and terracotta) will be allowed. Refer to web site for color wheel (color illustration#1) for definition of primary and secondary colors. i. Prohibited Primary colors: reds (illustration #2) pantone colors red #32c rubine red c and matching colors blue (illustration#3) pantone colors) process hexachrome cyan c blue c #072c and matching colors yellow (illustration #4) pantone colors hexachrome yellow c, 12c and matching colors ii. Prohibited secondary colors: Orange (illustration #5) orange pantone colors hexachrome orange cz #021 c and matching colors Green (illustration #6) green pantone colors green c hexachrome green and matching colors Violet/ purple colors (illustration #7) violet pantone colors violet c and matching colors iii. Refer to LDC 5.05.08 B.2.a.iii for submittal of paint chips for paint review. * * * I (5 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn R.A. A.I.A.Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE #OR DATE: Cycle 2,2005 LDC PAGE: To be determined LDC SECTION: 5.05.08.C.13.c.i LDC SUPPLEMENT#: CHANGE: delete one word "reflective" REASON: Misunderstanding clarification. ..-. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version was created on November 10, 2004 Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building Design Standards * * * * * * * * * * * * 13. Materials and colors * * * * * * * * * * * * c. Exterior building materials. The following building finish materials are limited to no more than thirty-three (33)percent of the facade area. i. Corrugated, or reflective metal panels, and * LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn R.A. A.I.A.Urban Design Planner DEPARTMENT: Zoning and Land DevelopmentReview AMENDMENT CYCLE# OR DATE: Cycle 2,2005 LDC PAGE: To be determined LDC SECTION: 5.05.08.E.2.d. LDC SUPPLEMENT#: CHANGE: Sidewalk width from six feet to five feet. REASON: Match LDC 6.06.02 and ADA requirements. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version was created on November 10, 2004 Amend the LDC as follows: 5.05.08. E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code. 2. Pedestrian Pathways * * * * * * * * * * * * d. Minimum dimensions. Pedestrian pathways must be a minimum of six five feet wide. K)5 LDC Amendment Request ORIGIN: Building Review&Permitting AUTHOR: Diana Compagnone DEPARTMENT: --- Building Review&Permitting AMENDMENT CYCLE #OR DATE: Cycle 2,2005 LDC PAGE: LDC5:108-109 LDC SECTION: Amend 5.06.04,5.06.06 and add 5.06.07 Definitions LDC SUPPLEMENT#: Supplement 1 CHANGE: Clarify ground sign specifications by addressing pole covering and landscaping reference. Return sign definitions to the section that were omitted during recodification. REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: None Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other-roads,except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05 H. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met,as applicable: i. For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels: a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; I � d) The ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. 1) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign=and=must be located so as to not be coveredby landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots or parcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and The maximum allowable sign area is 16 square feet. g. Ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building to which the sign is appurtenant. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code. Development of sign planting area landscaping shall be pursuant to Section 4.06.03 A. of this Code. * * * * * * * * 11. Temporary signs. The erection of any temporary shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. * * * * * * * * * * * * 1 �8 d. "Coming soon signs". A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of temporary use permit a building permit or until the issuance of a permit for the permanent sign, whichever - occurs first. A- temporary use permit will not be issued until a building permit for the principal structure is applied for. The non- refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: * * * * * * * * * JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing met-ffist. KI‘JJ. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. 5.06.07 Definitions Sign: Any structure, device, vehicle, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing, and includes any symbols, letters, figures, illustrations, or forms painted or otherwise affixed to attract the attention of the public for any purpose and also any structure or device the primary purpose of which is to border, illuminate, animate or project a visual representation. However, this definition shall not be held to include official notices issued by any court or public office, or officer in the performance of a public or official duty, and traffic control signs. For the purpose of removal, signs shall also include all sign structures. (See division 2.5.) Sign, abandoned: Any sign or sign structure expressly installed for the purpose of affixing a sign which bears no sign or copy for 90 consecutive days or more; or for a period of 90 consecutive days or more, displays information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site; or which through lack of maintenance, becomes illegible or nearly so; or is in a state of disrepair. Signs displaying an "available for lease" or similar message or partially obliterated faces which do not identify a particular products service, or facility, shall be deemed abandoned.(See-division 2.5.) Sign, activated: Any sign which contains or uses for illumination any light, lighting device, or light which change color, flash, or alternate; or change appearance of said sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs,shall be considered an activated sign.(See division 2.5.E Sign, advertising: A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered, either on-premises or off-premises. (See division 2.5.) Sign, alterations: Any substantial improvement to a sign, but shall not include routine maintenance,painting or change of copy of an existing sign. (See division 2.5.) Sign, animated: Any sign which included action, motion, or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. (See division 2.5.) Sign, area: The area of a sign is the entire area within the periphery of a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all the elements of the matter displayed. The sign area shall include the aggregate sign area upon which the copy is placed and all parts of the sign structure that bear advertising matter or are constructed in such a manner as to draw attention to the matter advertised. Signs consisting of detached letters shall also be measured as defined above. (See division 2.5.) Sign, awning(aka canopy sign or marquee sign): A sign suspended from or forming part of a shelter supported partially or entirely for the exterior wall of a building or structure.(See division 2.5.) Sign, banner: A temporary sign such as used to announce open houses, grand openings or special announcements. (See division 2.5.) Sign, billboard: Any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. (See division 2.5.) Sign, bulk permit: A permit issued for any number of political signs. (See division 2.5.) Sign, bulletin board: A board for posting notices such as those found at a school, church or other civic organization. (See division 2.5.) Sign,canopy: (See Awning, sign.) Sign, changeable copy: Any permanently enframed sign illuminated or not which is principally devoted to and designed for changeable text and graphics, including electronically ( �o controlled public service, time, temperature, and date signs, message centers, or reader boards. (See division 2.5.) pm Sign, combination: A sign which is made up of two or more signs, exclusive of billboards. (See division 2.5) Sign, combinationfarm: A temporary sign placed in advance of issuance of a certificate of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors, and other:similar information_regarding the-building or structure._ Construction signs do not contain any promotional or sales material. (Sem 2.5.) Sign, Construction sign: A sign erected at a building site that displays the name of the project and identifies the owner, architect, engineer, general contractor, financial institutions and other firms involved with the design or construction of the project. Sign, copy: The letters, text, or other graphics which compose the message displayed upon the sign surface area. (See-division 2.5.) Sign, directional: An on-premises sign giving direction, instructions, or facility information such as parking or entrance or exit signs, and which may contain the name, logo, service or activity of an establishment. (See-division 2.5.) Sign, directory: An on-premises sign of permanent character indicating the name of five or more independent businesses associated with, or events conducted upon, or products or services offered upon the premises upon which the sign is maintained. This sign may be a freestanding (pole, monument or ground), awning, or wall sign as otherwise permitted by this code. Such signs may have changeable copy. 2.5.) Sign, double-faced: A sign having two display surfaces, displaying the same copy on both faces -: - - - .. - .. - _: : , which are parallel and back-to-back and not more than 24 inches apart. Double-faced signs shall be measured by only one side if both sides are advertising the same business, commodity, or service.(See division 2.5.) Sign, electric: Any sign containing electric wiring, but not including signs illuminated by exterior light sources, such as floodlights. (See division 2.5.) Sign, entrance or gate (a/k/a subdivision sign): Any community entry sign which is designed to identify a subdivision or neighborhood, including but not limited to industrial and commercial parks, multifamily projects, and single-family residential development. (See division 2.5.) Sign face: The area, display surface, or part of assign on which the copy of message is placed. (Seo division 2.5.) Sign,farm organization: A sign used for the purpose of indicatingmembership in a farm organization, such as Cattlemen's Association, 4-H Club, Farm Bureau, and the like. (See division 2.5.) Sign,flashing: A flashing sign is an activated sign on which any electric lighting by any device is either alternated on and off or raised and lowered in brightness or intensity. (See division 2.5.) Sign,freestanding:: (See Pole sign.)(See division 2.5.) Sign, ground(aka monument sign): A sign, eight (8) ft. in height or lower which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between fifty (50) percent and one hundred (100) percent of the overall sign width. Sign, Holiday decoration: An ornate embellishment placed specifically for the purpose of cflebrating a specific holiday, holiday event or holiday season. Sign, identification: A sign which contains no advertising but is limited to the name, address, and number of a building, institution, or person and the activity carried on in the building, institution, or the occupation of the person. (See division 2.5.) Sign, illuminated: An illuminated sign is on which either: (a)provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign surface; (b) emits light through transparent or translucent material from a source within the sign; or (c) reflects light from a source intentionally directed upon it. (See-division 2.5.) Sign, inflatable: Any object made of plastic, vinyl, or other similar material that, when inflated with gas or air, represents, advertises, or otherwise draws attention to a products, service, or activity. (See division 2.5.) Sign, mansard: Any sign which is attached to a mansard-style roof with the face parallel to the structure to which it is attached and which does not project more than 18 inches from such structure, or above the roofline. Mansard signs shall be considered wall signs. (See division 2.5.) Sign, marquee: (See Awning sign.)(See division 2.5.) Sign, monument: A detached sign typically containing design elements such as a base columns, borders, toppers or caps, and a sign cabinet occupying at least two-thirds of the total sign area. (See ground sign) Sign, nonconforming: Any sign or advertising structure lawfully in existence with Collier County on the effective date of this Code, which by its height, area, location, use or structural support does not conform to the requirements of this Code. This definition shall not be construed to include signs specifically prohibited by this Code. (See division 2.5.) Sign, off-premises: (See Billboard.)(See division 2.5.) Sign, on premises: A sign containing copy relating only to the principal legally licensed business, project, service or activity conducted or sold on the same premises as that on which the sign is located. (See division 2.5.) Sign, outdoor advertising: (See Billboard)(See division 2.5.) Sign, Pennant: A piece of fabric or material which tapers to a point or swallow tail,which is attached to a string or wire, either singularly or in series. Sign,permanent: A sign which is affixed to a building or the ground in such a manner as to be immobile. (See division 2.5.) Sign,pole: A sign, eight (8) or more ft. in height which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between fifty(50)percent and one hundred(100)percent of the overall sign width. Sign,political: Any sign which states the name and/or picture of an individual seeking election, or appointment, to a public office, or pertaining to a forthcoming public election, or referendum pertaining to or advocating political views or€[oripolicies. (See-division 2.5.) Sign,portable: Any sign which is designed to be transported, including by trailer or on its own wheels, even though the wheels of such signs may be removed and the remaining chassis or support constructed without wheels is converted to an A or T frame sign, or attached temporarily or permanently to the ground since this characteristic is based on the design of such sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign.-(See-di-vision 2.5.) Sign,projecting: Any sign which is attached to, and which projects, more than 18 inches from the outside wall of any building or structure, excluding wall, marquee, and canopy signs. (See:division 2.5.) Sign, Project Identification Sign: Shall mean a sign which provides identification or recognition of a development only, individual tenants or outparcels are not permitted to use this type of signage. Sign,public service: Any sign intended to promote primarily a public purpose including items of general interest to the community welfare. It may also refer to a sign designed to render a public service such as, but not limited to,time and temperature signs. (See division 2.5.) Sign, real estate: A sign which advertises the sale, lease, rental, or development of the property upon which it is located. (See division 2.5.) Sign, residential identification: A sign intended to identify a residential subdivision or other development. (See division 2.5.) Sign, revolving (a/k/a rotating sign): Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface are is oriented. (See division 2.5.) Sign, roof Any sign erected, constructed, or maintained either on the roof, or more than 18 inches above the roof of any building. (See division 2.5.) Sign, safety.: A sign used only for the purpose of identifying and warning of danger, or potential hazards. (See division 2.5.) Sign, snipe: A sign made of any material and attached to a utility pole, tree, fence post, stake, stick, mailbox, or any similar object. (See division 2.5.) Sign, special purpose::Directional, safety, and other signs of a noncommercial nature. (See division 2.5.) Sign structure: Any structure which supports or is capable of supporting any sign. Said definition shall not include a building to which a sign is attached. (See division 2.5.) Sign, temporary: A sign intended to advertise community or civic projects, construction projects, or other special events on a temporary basis, for a designated period of time. (See division 2.5.) Sign, U-pic: A sign describing a farm where the customer picks or purchases the produce directly from the premises on which they are grown or produced. (See division 2.5.) Sign, V-shaped: Two single-face freestanding signs that are constructed in the form of a "V" when viewed from above, provided the internal angle at the apex is not more than 90 degrees, and the two faces are not separated by more than six inches at the apex and displaying the same copy on both faces. (See division 2.5.) Sign, vehicle: Any sign affixed to a vehicle other than a license plate, or other identification required for access to restricted parking areas, a registered logo, trademark, or service mark. (See division 2.5) Sign, wall,fascia or parapet: A sign affixed in a manner to any exterior wall of a building or structure, and which is parallel to and projects not more than 18 inches form the building or structure wall, and which does not extend more than 18 inches above the roof line of the main building or from the point wher5e the roof line intersects the parapet wall on which the sign is located, whichever is more restrictive. (See division 2.5.) Sign, wind: Any sign or display including, but not limited to, flags, balloons, banners, streamers, and rotating devices, fastened in such a manner to move upon being subject to pressure by wind or breeze, but shall not include official flags, emblems, insignia, or pennants of any religious, educational, national, state, or political subdivision. (See division 2.5.) Sign, window: A window sign which is painted on, attached to, or visible through a window, excluding displays of merchandise, and shall not exceed 25 percent of the total window area in the same vertical plane at the same floor level on the side of the building or unit upon which the signs are displayed. (See division 2.5.) 34 LDC Amendment Request ORIGIN: AUTHOR: DEPARTMENT: AMENDMENT--CYCLE-#-OR DATE: Cycle 2,2005 LDC PAGE: LDC6:25 LDC SECTION: 6.06.03 LDC SUPPLEMENT#: Supplement 1 CHANGE REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: This version created on July 1, 2005. Amend the LDC as follows: 6.06.03 Streetlights A. Streetlights shall be designed with full cut-off fixtures and installed utilizing the IES standards for each street, intersection at required intervals along each street not to exceed 100 feet and at the end of each cul-de-sac, and may be required at - •• -••• - • • , • • • -• - , •, - - ' The IES standards for this street lighting are:(per IESNA RP 8.00}:,-except as below: 1. A minimum of 1.1 foot candles at the center of each internal project intersection is required. but not required. R'S B. At the entry/exit of any subdivision located on a publicCounty collector or arterial street, the following additional standards shall apply: 1. At the points where the edges of pavement of the entrance road meet the intersecting right-of-way line,the illumination level shall be at or between, a minimum of 2.0 foot candles and maximum of 5.0 foot candles.:- 2. , , , .. _ ... .. . -. - : -. .A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right-of-way. - -- - -'_- : - • ` =: - - -' - . All sidewalks not directly lighted by street lighting that interconnect developments must be lighted to pedestrian level standards per IESNA RP-8-00. D. Wherever, in the opinion of the County Manager or designee, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. E. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. F. Streetlights shall be designed and installed in either of two (2)ways: 1. Where streetlights are to be installed on private streets, the developer, through an electrical engineer registered in the State of Florida, shall design and install the street lighting system subject to the approval of the County Manager or designee. Upon completion of the streetlights, they shall be owned, operated, and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. 2. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taxing unit in coordination with the County Manager or designee in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the BCC, the County Manager or designee shall authorize the public utility to design, install, and maintain the street lighting system at no cost to the County's general fund. If no municipal services benefit or taxing unit is created for public streets, the provision of this section shall govern the design, construction, and maintenance of streetlights. 1 4(0 LDC Amendment Request n ORIGIN: BCC Directed AUTHOR: Marjorie M. Student-Stirling ---DEPARTMENT: County Attorneys Office AMENDMENT CYCLE# OR DATE: Cycle 2, 2005 LDC PAGE: LDC9:11 LDC SECTION: 9.04.02 LDC SUPPLEMENT#: Supplement 1 CHANGE: Establishing a variance to allow some removal of/impacts to protected mangrove stands in Plantation Island Subdivision Units One Two and Three to allow limited development pursuant to Agreement {§ 380..032(3)} between the BCC and the Florida Department of Community Affairs. REASON: To avoid a takings claim. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: June 15, 2005 Amend the LDC as follows: 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area and size of structure; height of fence; size of yards and open space; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of and minimum setback for signs; minimum requirements for off-street parking facilities; and for site alteration, on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation Island Unit Three Subdivision (unrecorded.) LDC Amendment Request ORIGIN: AUTHOR: DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2,2005 LDC PAGE: LDC SECTION: LDC SUPPLEMENT#: Supplement 1 CHANGE: REASON: �-. FISCAL& OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits D. Agricultural land clearing. 1. Land clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statues, shall be required for all agricultural operations except as exempted by 6 below. a. Application. An application for an agricultural clearing permit shall be submitted in the form established by the County Manager or his designee. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: i. If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST developmentpermt has been issued by the —- Counfy Manager or his designee. The ST or ACSC-ST permit review shall be in accordance with Collier County Land development Code Chapter 2, section 2.03.07 and may be simultaneously reviewed with the agricultural clearing permit application. ii. The application, including generalized vegetation inventory and clearing plan as outlined in section 10.02.06 C.2.a. and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. iii. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. iv. The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. v. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE)permit or exemption, if required by the ACOE. vi. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code section 3.04.00. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. vii. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee, stating that within two years from the date on which the agricultural clearing permit is approved by the County Manager or his designee, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten year twenty-five year period required by _--- _ _-. - . viii, below-If the__.clearingsis_expected_to__occur_over_a period__. greater than two years,this will be stated On the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. viii. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of tee twenty- five years from the date of approval of the agricultural clearing permit by the County Manager or his designee, unless for any such conversions in less than ten twenty-five years, the converted land shall be restored with native vegetation to the degree required by this Code. LDC Amendment Request ORIGIN: Comprehensive Planning AUTHOR: David Weeks DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE# OR DATE: Cycle 2,2005 LDC PAGE: LDC10:135 LDC SECTION: 10.02.13 LDC SUPPLEMENT #: Supplement 1 CHANGE: Correcting incorrect cite from re-codification. REASON: Above FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: N/A GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTES/VERSION DATE: June 15, 2005 Amend the LDC as follows: 10.02.13 Planned Unit Development(PUD) Procedures E. Changes and amendments 1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s)to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: * * * * * * * * * * * /'1 k. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.4-2. 13. k -- My-modification-to-the PUD master_plan-or PUD-document-or-amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.12. �- II' LDC Amendment Request ORIGIN: AUTHOR: C. Fabacher DEPARTMENT: __Zoning&Land Development Review AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC10:114 LDC SECTION: LDC Section 10.03.05 LDC SUPPLEMENT#: Supplement 1 CHANGE: Extend the area of required public notification, in those areas of Estates Zoning Classification that lie within those areas not designated in the FLUE of the GMP as urban, from 1,000 linear feet to 5,280 linear feet except when that distance intersect with the boundary line of those areas designated urban in the FLUE of the GMP and Golden Gate City. In that case, the notification range shall extend no farther than 500 feet into those areas. REASON: To increase the range of the requirement for public notification for property owners in the estates that are located within lands not designated urban on the FLUE of the GMP and outside of Golden Gate City. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: July 25, 2005 Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for 1 t5` extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * 9. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. 10. For subject properties in the Estates Zoning Classification, located within the boundaries of the Golden Gate Area Master Plan, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 5,280 linear feet of the subject property. However, where the 5,280 linear feet intersects with the boundary of properties located within areas of the future land use element of the growth management plan that are designated urban or located within Golden Gate City, property owners no more than 500 linear feet past the boundary line must be notified. 1011. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. 1412. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. 1213. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. LDC Amendment Request ORIGIN: Staff Request AUTHOR: Ray Bellows DEPARTMENT: Zoning&Land Development Review AMENDMENT CYCLE#OR DATE: Cycle 2,2005 LDC PAGE: LDC 10:175 LDC SECTION: Section 10.08.00 Conditional Use Procedures LDC SUPPLEMENT#: Supplement 1 CHANGE: Require notice of closed status of application for a conditional use by certified mail. REASON: Clarification of the notification process. FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: July 20, 2005 Amend the LDC as follows: Section 1Q.08.00 Conditional Use Procedures K. Conditional use application processing time. An application for a conditional use will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure; by certified mail, return receipt requested; however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. .. ._._... .... .. .... ....... .. .....