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Agenda 09/25/2012 Item # 9B 9/25/2012 Item 9.B. t•-• EXECUTIVE SUMMARY Recommendation to consider the following Land Development Code Amendments: An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter 2 — Zoning Districts and Uses, including Section 2.03.01 Agricultural Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three—Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards, Section 3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields, Section 3.06.12 Regulated Development; Chapter Four — Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, Section 4.05.02 Design Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02 Buffer Requirements, Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Section 4.06.04 Trees and Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five—Supplemental Standards, including Section 5.03.02 Fences and Walls, Section 5.06.02 Development Standards for Signs within Residential Districts, Section 5.06.03 Development Standards for Signs for Institutional Uses, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six— Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally, Section 6.02.03 Transportation Level of Service Requirements, Section 6.06.01 Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine — Variations from Code Requirements, including Section 9.03.02 Requirements of Continuation of Nonconformities, Section 9.04.02 Types of Variances Authorized; Chapter Ten — Application, Review, and Decision-making Procedures, including Section 10.01.02 Development Orders Required, Section 10.02.03 Submittal Requirements for Site Development Plans, Section 10.02.05 Submittal Requirements for Improvements Plans, Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, The Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures; Appendix A — Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six,Effective Date. And Page 1 of 4 Packet Page-469- 9/25/2012 Item 9.B. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter 2 — Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four — Site Design and Development Standards, including Section 4.02.16 Design Standards for Development in the BMUD-Neighborhood Commercial Subdistrict, Section 4.02.17 Design Standards for Development in the BMUD- Waterfront Subdistrict, Section 4.02.18 Design Standards for Development in the BMUD- Residential Subdistrict (R1), Section 4.02.19 Design Standards for Development in the BMUD-Residential Subdistrict (R2), Section 4.02.20 Design Standards for Development in the BMUD-Residential Subdistrict(R3), Section 4.02.21 Design Standards for Development in the BMUD-Residential Subdistrict (R4), Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD), Section 4.02.36 Design Standards for Development in the GTMUD-Residential Subdistrict (R); Chapter Ten — Application, Review, and Decision-making Procedures, including, Adding Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC) to serve the best interest of the public. CONSIDERATIONS: The Board of County Commissioners approved the 2012 LDC Amendment Cycle 1 during the summer of 2011. The LDC Amendment Cycle was requested by Staff to address several Code matters, including: 1. To propose corrections or clarify "glitches" which were inadvertently omitted or changed during the re-codification of the LDC in 2004. 2. To propose amendments which originated from the County Manager's invitation to the Collier Building Industry Association (CBIA) in late 2009 to suggest possible amendments to the LDC that would spur economic activity without sacrificing high quality development in 2009. As a result, CBIA established an advisory committee made up of professional consultants to identify areas of the LDC which they believed could be improved upon. Recommendations were forward to Staff. Staff has reviewed and discussed the proposed changes with CBIA and those not supported by Staff have been removed from the cycle. Those remaining, while initiated by CBIA, are Staff supported and considered Staff sponsored amendments coordinated with CBIA requests. Page 2 of 4 Packet Page -470- 9/25/2012 Item 9.B. 3. To propose amendments that will improve efficiency within the LDC. 4. To present LDC amendments prepared at the direction of the Board of County Commissioners on September 27, 2011 among other dates. Staff has worked with stakeholder groups, community members, and advisory boards, to propose a wide array of amendments. The proposed change, the reason for the change, and pertinent background information is identified on each individual amendment. Beginning in the late fall of 2011, amendments were presented to, and reviewed by, the Development Services Advisory Committee, the Environmental Advisory Council, and the Collier County Planning Commission. Advisory board review of the amendments to be discussed concluded September 2012. The Summary Sheet, which describes each LDC amendment, outlines the recommendations from each of the advisory boards, and includes these bodies proposed revisions to Staff's proposed changes. Land Development Code amendments have been scheduled for consideration at three Board hearings. The first Board hearing was held on Tuesday, July 24th and the second was on Tuesday, September 11th. It is anticipated that the cycle will conclude with the third hearing on Tuesday, September, 25th Land Development Code section 10.03.05 E requires that amendments which propose changes to the zoning map involving ten contiguous acres or more and which propose changes to the list of permitted, conditional, and prohibited uses of land are considered at two Board hearing dates, with one hearing scheduled after 5:00 p.m. The wellfield amendments propose changes to the zoning map involving ten contiguous acres or more and the Bayshore Gateway Triangle Community Redevelopment Agency amendment proposes changes to the list of permitted, conditional, and prohibited uses of land. For these reasons, these amendments were presented for consideration on September 11th and will be heard for the second time with a time certain of 5:05pm on September 25th. Additionally, several continued and new amendments will be presented at the September 25th hearing. Two Ordinances will be presented to the Board at the September 25th hearing date. One Ordinance will be specific to the Bayshore Gateway Triangle Redevelopment Agency's amendment and the other Ordinance will comprise the remaining amendments in the cycle. The LDC Amendments and related materials scheduled to be presented on September 25th to the Board will be available to download from the LDC Amendment webpage on the Collier County Website, http://www.colliergov.net/Index.aspx?page=772 one week prior to the meeting. LDC Amendment binders for September 25, 2012 will be available for viewing at the following locations one week prior to the meeting: 1) The Business Center, Growth Management Division Building, 2800 North Horseshoe Dr., Naples, FL 34104 2) The County Manager's Office, 3299 Tamiami Trail East, Suite 202,Naples, FL 34112 Page 3 of 4 Packet Page -471- 9/25/2012 Item 9.B. 3) Minutes and Records Department, Clerk of the Circuit Court for the Board of County Commissioners, 3299 Tamiami Trail East, Suite 401,Naples, FL 34112 FISCAL IMPACT: As noted for each individual amendment. GROWTH MANAGEMENT IMPACT: As noted for each individual amendment. LEGAL CONSIDERATIONS: The LDC Amendments are ready for Board consideration. A four-fifths vote is required for approval. At the conclusion of the hearings for this LDC cycle, the BCC will adopt two Ordinances containing these amendments. -- HFAC RECOMMENDATION: That the Board of County Commissioners approve the proposed amendments to the LDC and provide direction to Staff as to any modifications to the proposed text. Further, that the Board adopt the two proposed Ordinances containing these amendments. PREPARED BY: Caroline Cilek, Senior Planner, Operations and Regulatory Management Growth Management Division, Planning&Regulation Attachments: 1) LDC Amendment Agenda for Tuesday, September 25, 2012 2) 2012 Cycle 1 LDC Amending Ordinance 3) 2012 Cycle 1 Bayshore Gateway Ordinance 4) LDC Amendment Binder, to be delivered on Tuesday, September 18, 2012. The Binder will include the Summary Sheet. Page 4 of 4 Packet Page-472- 9/25/2012 Item 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.B. Item Summary: Recommendation to consider the following Land Development Code Amendments: (Bayshore Triangle CRA Amendments and Welifield and related Amendments will be heard at 5:05 p.m.time certain) An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended,the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1—General Provisions, including Section 1.08.02 Definitions; Chapter 2— Zoning Districts and Uses, including Section 2.03.01 Agricultural Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three— Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards, Section 3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields, Section 3.06.12 Regulated Development; Chapter Four—Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, Section 4.05.02 Design Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02 Buffer Requirements, Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Section 4.06.04 Trees and Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five—Supplemental Standards, including Section 5.03.02 Fences and Walls, Section 5.06.02 Development Standards for Signs within Residential Districts, Section 5.06.03 Development Standards for Signs for Institutional Uses, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six— Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally, Section 6.02.03 Transportation Level of Service Requirements, Section 6.06.01 Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine—Variations from Code Requirements, including Section 9.03.02 Requirements of Continuation of Nonconformities, Section 9.04.02 Types of Variances Authorized; Chapter Ten—Application, Review, and Decision-making Procedures, including Section 10.01.02 Development Orders Required, Section 10.02.03 Submittal Requirements for Site Development Plans, Section Packet Page -473- 9/25/2012 Item 9.B. 10.02.05 Submittal Requirements for Improvements Plans, Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Notice Requirements for Public Hearings Before the BCC,The Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures; Appendix A—Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. And An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended,the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1—General Provisions, including Section 1.08.02 Definitions; Chapter 2— Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four—Site Design and Development Standards, including Section 4.02.16 Design Standards for Development in the BMUD-Neighborhood Commercial Subdistrict, Section 4.02.17 Design Standards for Development in the BMUD-Waterfront Subdistrict, Section 4.02.18 Design Standards for Development in the BMUD-Residential Subdistrict (R1), Section 4.02.19 Design Standards for Development in the BMUD-Residential Subdistrict (R2), Section 4.02.20 Design Standards for Development in the BMUD-Residential Subdistrict (R3), Section 4.02.21 Design Standards for Development in the BMUD-Residential Subdistrict (R4), Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD), Section 4.02.36 Design Standards for Development in the GTMUD-Residential Subdistrict (R); Chapter Ten— Application, Review, and Decision-making Procedures, including, Adding Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Meeting Date: 9/25/2012 Prepared By Packet Page -474- 9/25/2012 Item 9.B. Approved By Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 8/30/2012 3:37:34 PM Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 9/4/2012 11:41:33 AM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 9/7/2012 2:09:08 PM Name: FrenchJames Title: Manager-CDES Operations,Operations&Regulatory Management Date: 9/10/2012 12:10:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/14/2012 4:04:46 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 9/18/2012 11:09:07 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/18/2012 12:07:33 PM Name: KlatzkowJeff Title: County Attorney Date: 9/18/2012 3:25:32 PM Name: OchsLeo Title: County Manager Date: 9/19/2012 9:43:31 AM Packet Page-475- 9/25/2012 Item 9.B. Collier County Board of County Commissioner Tuesday, September 25,2012 Agenda for Land Development Code(LDC)Amendment review LDC Amendment Description Summary Section' fT a , a . �; Sheet rage Board Directed Amendment 10.02.13 Planned Unit Development(PUD)Procedures(affordable housing monetary 9 contribution removal option) Environmental Amendment 3.05.02 E Exemptions from Requirements for Vegetation Protection and Preservation 2 3.05.05 Criteria for Removal of Protected Vegetation(Mangrove Permit) GMD Efficiency Amendment 10.02.04 J Submittal Requirements for Plats 8 Bayshore Triangle Comm unity Redevelopment Agency Amendment, Will be presented at 5:05 p.m., time certain 2.03.07 G Overlay Zoning Districts(Bayshore CRA— revisions) 1 1.08.02 Definitions 4.02.16 Design Standards for the BMUD—Neighborhood Commercial Subdistrict; 4.02.17 Design Standards for the BMUD—Waterfront Subdistrict; 4.02.18 Design Standards for the BMUD—Residential Subdistrict(RI); 4.02.19 Design Standards for the BMUD—Residential Subdistrict(R2); 4.02.20 Design Standards for the BMUD—Residential Subdistrict(R3); 4.02.21 Design Standards for the BMUD—Residential Subdistrict(R4); 4.02.35 Design Standards for the GTMUD—Mixed Use Subdistrict(MXD); 4.02.36 Design Standards for the GTMUD—Residential Subdistrict(R); 10.02.00 Application Requirements Wellfield and Related Amendments t Will be presented at 5:05 p.m., time certain A Regulated Wellfields—City of Naples East Golden Gate Wellfield 3 3.06.06 B Regulated Wellfields—City of Naples Coastal Ridge Wellfield 3 3.06.06 C Regulated Wellfields—Collier Co.Utilities Golden Gate Wellfield 4 3.06.06 D Regulated Wellfields—Everglades City Wellfield 4 3.06.06 E Regulated Wellfields—FGUA Golden Gate City Wellfield 5 3.06.06 F Regulated Wellfields—Orange Tree Wellfield 5 3.06.06 G Regulated Wellfields—Immokalee Wellfield 6 3.06.06 H Regulated Wellfields—Ave Maria Utility Comp Wellfield 6 3.06.06 I Regulated Wellfields—Add Port of the Islands 7 3.06.06 I. Regulated Wellfields—Port of the Islands Wellfield 7 1 9/13/2012 2:18 PM Packet Page-476- 9/25/2012 Item 9.B. DRAFT—9/17/12 ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN — APPLICATION, REVIEW, AND Page 1 of 90 Words are deleted,words underlined are added Packet Page -477- 9/25/2012 Item 9.B. DRAFT-9/17/12 DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 otiow DEVELOPMENT ORDERS REQUIRED, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on July 24, 2012 and September 11, 2012 and September 25, 2012, and did take action concerning these amendments to the LDC; and ogiob Page 2 of 90 Words s e trough are deleted,words underlined are added Packet Page -478- 9/25/2012 Item 9.B. DRAFT—9/17/12 WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. Page 3 of 90 Words struck through are deleted,words underlined are added Packet Page-479- 9/25/2012 Item 9.B. DRAFT-9/17/12 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage Alrwt the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or"GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities , capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect Page 4 of 90 Words struck through are deleted,words underlined are added - 6 ' Packet Page -480- 9/25/2012 Item 9.B. DRAFT-9/17/12 human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Hazardous Product or Waste: Solid waste or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. Hazardous Product means any hazardous substance designated pursuant to 40 Code of Federal Regulations part 302, as amended or superseded. In general a hazardous product is a hazardous substance that has a reactive, ignitable, corrosive, or toxic characteristic, and if released or misused, can harm people, other living organisms, property, or the environment. Hazardous Waste shall have the meaning provided in 40 Code of Federal Regulations 261 and Florida Administrative Code 62-730, as amended or superseded. In general a hazardous waste is a waste material that has a reactive, ignitable, corrosive, or toxic characteristic, and if released or misused, can harm people, other living organisms, property, or the environment. * * * * * * * * * * * * * Kenneling:An establishment licensed to operate as a facility housing dogs, cats, or other household pets_ or the keeping of more than 3 dogs, 6 months or older, on premises used for residential purposes, or the keeping of more than 2 dogs on property used for industrial or commercial security purposes. Page 5 of 90 Words are deleted,words underlined are added Packet Page -481- 9/25/2012 Item 9.B. DRAFT—9/17/12 * * * * * * * * * * * * * Open space: Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas and which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and; plazas, atriums, courtyards and other similar public spaces. Open space, common: Those areas within or related to a development, not in individually owned lots, designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public. Open space, usable: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation, required yards (setbacks) and Of landscaped areas, which are accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and eff- street loading areas, shall not be counted in determining towards required {Usable eOpen sSpace. * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Zoning Districts * * * * * * * * * * * * * B. Estate District (E). * * * * * * * * * * * * * 2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 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 lien 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) Apsok * * * * * * * * * * * * Page 6 of 90 Words struck through are deleted,words underlined are added x Packet Page-482- 9/25/2012 Item 9.B. DRAFT—9/17/12 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. i. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Reduced Ffrontage 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. d. Nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case the required side yard shall be computed at the rate of ten (10) percent of the width of the lot. * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts * * * * * * * * * * * * * B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * * * * * * * Page 7 of 90 Words dough are deleted,words underlined are added Packet Page-483- 9/25/2012 Item 9.B. DRAFT 9/17/12 SUBSECTION 3._. AMENDMENTS TO 3.05.02 EXEMPTIONS FROM opttko REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * D. Pre-existing uses. Exemptions from tho The requirements of subsection 3.05.07F 3.05.07 C shall not apply to, affect or limit the continuation of uses within the RFMUD which existed prior to June 19, 2002. No changes in location of preserves shall be required for protects identified by this exemption. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. Page 8 of 90 Words strtt��aaannn are deleted,words underlined are added Packet Page-484- 44 ...... ,. . 9/25/2012 Item 9.B. DRAFT—9/17/12 that the: iant of 3 v�riancc will be,oonsistcnt with the '�g a will intont��i` this�,drvi°ion and the _-t Mangrove trimming and alteration thatis exclusrvely;governed by the. State3ttitrsuant, to.•the -Mangrove Trimming an+ P'reservation Act, Sections 403.9321`throtiif`403.9333, F.S. F. Exce £i • I• unde:Ve ed coastal barrier is1ands,' and an project proposing to for creSiiii0acre'or less of land is nod requi • T.r.removal of prottected vegetation, other ttta 'a specimen tree on a parcel of` q • . ■ res9denttal, -!ZS VRy_AA dr mot other°nok,lq ltural, non sending lands, rior P oncomme'rctal zonrng districts -family:lots Lave been ri subdivided psiflgle-family use onlW.wfiere the following,coi ditions_ ave been met: ,1. Ai ii m permit has beensued' for,, the permitted pr ncVal structure (the buildiigpetmit serves:as the clearing permit); or 2. The perm fitted•principal structure has been constructed, and the property owner agent Cleared oon.site ages not, conductin the removal and the tot al area that will be lea exceed on acre. ll needed environmental, permits or management plans have been obtained rom Vthe._appropriate local, state and.federal agencies., These permits may include but are not limited to permits for wetland impacts, or for listed species protection. 4 here;greater,vegetation protection is required in the Rural Fringe Mixed Use istnct, a:;higher-,native;vegetation protection requirement may not allow for the full one acre of clearing. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final development order. 2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A. 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. Page 9 of 90 Words 4FuelE-thr-eueh are deleted,words underlined are added **highlighted language not het approved by BCC9 Packet Page-485- 9/25/2012 Item 9.B. DRAFT-9/17/12 6. After a right-of-way for an electrical transmission line or public utility distribution Amok line has been established and constructed, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established and constructed right-of-way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1- of the Code. All needed environmental permits must be obtained from the appropriate agencies and management plans must comply with agency regulations and guidelines. These may include but are not limited to permits for wetland impacts and management plans for listed species protection. 7. After a publicly owned road right-of-way has been legally secured, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established road right-of-way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1- of the Code. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 8. Vegetation removal for environmental restoration projects on publically owned land designated as parks, preserves, forests or mitigation areas. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing. 9. Vegetation removal to implement Preserve Management Plans and firewise safety plans that specify land management practices for clearing for fuel ,M management or fire lines in accordance with normal forestry practices and which have been approved as part of a Preserve Management Plan pursuant to 3.05.07 H. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.05 Criteria for Removal of Protected Vegetation ® �° e °�° r a Page 10 of 90 Words stFuelc-threugh are deleted,words underlined are added Packet Page-486- 9/25/2012 Item 9.B. DRAFT—9/17/12 would be expected to survivOin:°open space areas or buffers, wher=e'site improvements or chances iri'elevatiori'are'notproposed orlequired.A vege,tatiori removal permit may be issued under the following conditions: prohibited 4n all_:pre. , or reas j e_d„to fulfill the native vegetation, preservrvation requircncnts. f#G ` RemoVa1 of-vegetation,fO17a•proryve mitigation bank•sites idefined by the Florida AdministrativegCode 4sta �f ede� Qr county,,approyed of e orsed environmental pre elect*, eriti ' a be)permitted ',Vegetation p ors-re�ora , projects �sh � g removal perrpiis issu .finder these cry ena are Valid for the period of time authorizedby such agency permits. I-H., Vegetationrel'ocation plan'. If:vegetation relocation.is proposed by the applicant prior to site development:-plan;; construction; plan or other finale: approvals, a vegetation relocation,permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it'can be demonstrated that early transplantation will enhance the survivalyof the relocated vegetation. The vegetation relocation plan shall document methods of relocation,:tinning of relocation; watering provisions, maintenance and other information as required by the County Manager or his designee. J-l.7 Landscape plant. removal or:replacement:,,The removal or replacement of approved landscapingTshall be done.in:accordance with the regulations that guide the landscape plans reviews'and:apprwvafs in section'406.00 A,vegetation removal permit will not be issued for thetremovaror•repiacement'of landscape plants: That approval must be obtained, through, an. amendment`process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. I -J. Removal of vegetation. for firebreaks approved by the State of.Florida, Division of Forestry,'shall be perrnitted' The width of the approved clearing"shall be limited to the mini A� _ idth,dete ':red'necessarybythe Division of Forestry. L-K. A State or Federal permit issuance depends on data that cannot be. obtained without preliminary removal of some'protected vegetation. The clearing shall be minimized and shall not allow any greater impacts:to the'native vegetation; on site than is absolutely necessary. Clearing shall'be limited to-areas'thatare outside any on-site preserves, as identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. M L. In conjunction with, a-Colliier. .County:approved Preserve: Management Plan, native vegetation:clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. AIM. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals. a. Environmental Services Review Staff approves the necessary components of the project to ensure the appropriate environmental protection and preservation on site. This can Page 11 of 90 Words struck h are deleted,words underlined are added **hig_hiigkited language n vtemo,ed by BCC** Packet Page-487- 9/25/2012 Item 9.B. DRAFT—9/17/12 and protcction of the preserve is complete, 2) the conservation casements arc completed and approved by both the environmental review staff and the county approved, the property owner will be responsible for revegetation of the site in accordance with Section 4.06.04.A.1.a.vii. N. Early clearing as part of a final review of an SDP, SIP or PPL, in accordance with Sections 4.06.04 and 10.01.02. The following criteria shall apply. 1. Final configuration of preserves is complete. 2. Conservation easements are complete and have been recorded in the public records. 3. The site clearing/preservation plan for the SDP, SIP or PPL is approved. 4. All applicable Federal, State, and local permits have been submitted. • a - • � ° • a .* - f a �*o - m -? r t * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Asok Page 12 of 90 Words struck through are deleted,words underlined are added Packet Page -488- 9/25/2012 Item 9.B. DRAFT—9/17/12 Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * * F. Wetland preservation and conservation. * * * * * * * * * * * * * 3. RFMU district. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of section 3.05.07 {C3 above and the following standards: a. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. b. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in section 3.05.07{-l ) C. c. Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in section 3.05.07(C). d. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. e. Single family residences shall follow the requirements contained within Section 3.05.07(F)(5) F_5. Page 13 of 90 Words struck through are deleted,words underlined are added 1 , Packet Page-489- 9/25/2012 Item 9.B. DRAFT-9/17/12 f. Preserved wetlands shall be buffered from other land uses as follows: i. A minimum 50-foot vegetated upland buffer adjacent to a natural water body. ii. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. iii. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. iv. The buffer shall be measured landward from the approved jurisdictional line. v. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. vi. The buffer shall be maintained free of Category invasive exotic plants, as defined by the Florida Exotic w,w Pest Plant Council. vii. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: {1)) Passive recreational areas, boardwalks and recreational shelters; {2) Pervious nature trails; (3)pj Water management structures; {4)d) Mitigation areas; {-5-)e) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 4. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: i_ Mitigation Requirements: a) Loss of storage or conveyance volume resulting Page 14 of 90 Words struck through are deleted,words underlined are added Packet Page -490- 9/25/2012 Item 9.B. DRAFT—9/17/12 from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. i Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a) and b-abeve d) of this subsection. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. ,c.) Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Sec-tie-n-(54 subsection 3.05.07 F.4 below. d) Preserved or created wetland or upland vegetative communities offered as mitigation shall be placed in a conservation easement in accordance with 3.05.07 H.1.d, provide for initial removal of Category I Invasive Exotic Vegetation as defined by the Florida Exotic Pest Plant Council and provide for continual removal of exotic vegetation. I} H. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: 17 a) Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; i4 Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or ++ c) Create, enhance or restore habitat for other listed species, in a location and amount mutually Page 15 of 90 Words stFuek-thr-eugh are deleted,words underlined are added Packet Page-491- 9/25/2012 Item 9.B. DRAFT—9/17/12 agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies. e iii. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above. d. Exotic vegetation Removal. exotic vegetation removal shall not 5-4. Estates, rural-settlement areas, and ACSC. In the case of lands located within Estates Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following: a. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland- related permits before Collier County issues a building permit. b. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 6-5. RLSA district. Within the RLSA District, wetlands shall be preserved pursuant to section 4.08.00. 7-6. Submerged marine habitats. The County shall protect and conserve submerged marine habitats as provided in section 5.03.06 I-J. * * * * * * * * * * * * * H. Preserve standards. 1. Design standards. * * * * * * * * * * * * * e. Created preserves. Although the primary intent of GMP COME Policy 6.1.1 is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. oomkg Page 16 of 90 Words struc-lcheugh are deleted,words underlined are added Packet Page -492- 9/25/2012 Item 9.B. DRAFT-9/17/12 i. Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include: * * * * * * * * * * * * * (h) In the RFMU District where upland buffers required by the LDC, lack native vegetative communities. (i) Archeological/historical sites where such sites are authorized by the BCC as part of a PUD rezone, to be planted with native vegetation in accordance with the criteria herein. * * * * * * * * * * * * * vi. Planting requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present, a minimum of 6 to 8 inches of compatible soil shall be used. Where created preserves are approved, the planting plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials to more quickly re-create the lost mature vegetation. Environments which do not normally contain all three strata shall only be required to plant the strata found in the habitat to be created. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Such re- vegetation shall include the following minimum sizes: one gallon ground cover; 7 gallon shrubs; canopy trees in the following sizes: 25 percent at 10 feet, 50 percent at 8 feet and 25 percent at 6 feet. Spacing requirements for calculating the number of plants shall be as follows: 20 to 30 foot on center for trees with a small canopy (less than 30 feet mature spread) and 40 to 50 foot on center for trees with a large canopy (greater than 30 feet mature spread), 10 foot on center for shrubs, 3 foot on center for ground covers which spread by rhizomes or creeping stems or which have a mature height of 2 feet or more, excluding the bloom, and 2 foot on center for ground covers with a mature height of less than 2 feet, excluding the bloom, and which reproduce primarily by seed. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re- establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than 70% of the area of a scrub preserve, in order to Page 17 of 90 Words struck through are deleted,words underlined are added Packet Page -493- 9/25/2012 Item 9.B. DRAFT—9/17/12 create natural open areas for wildlife and native ground covers. In south Florida slash pine dominated environments, where fire is a concern, the amount of mid- story vegetation planted may be reduced to promote the growth of native ground covers, reduce the threat of wildfire and to promote use of the preserve by listed species. Three gallon container saw palmetto (Serenoa repens) may be used in lieu of seven gallon containers. South Florida slash pine (Pinus elliottii var. densa) trees may be planted in the following sizes: 25 percent at 6 feet and 75 percent at 4 feet, with a spacing requirement of 40 feet on center for calculating the number of slash pines to be planted. Mangrove trees may be planted as three gallon size containers but must be planted a minimum of five to seven foot on center for calculating the number of mangroves to be planted, if planted at this size. Ground covers in estuarine and other aquatic environments may be planted as liners or bare root plants. Where archeological/historical sites are counted towards the minimum native vegetation retention requirement and where such sites have no native vegetation or the native vegetation is authorized to be cleared and excavated by the BCC as part of a PUD rezone, these sites shall be re- vegetated with native vegetation similar to or compatible with the native vegetation in the preserve or on the archeological/historical site. Re-vegetation shall only be with ground covers in one-gallon containers unless otherwise approved by the BCC. Upland or seasonally wet preserves with extended dry periods shall detail a method of providing water until the plants are established. Aloft * * * * * * * * * * * * * Page 18 of 90 Words struck through are deleted,words underlined are added Packet Page-494- 9/25/2012 Item 9.B. DRAFT-9/17/12 SUBSECTION 3._ AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field. B. City of Naples Coastal Ridge Well Field. C. Collier County Utilities Golden Gate Well Field. D. Everglades City Well Field. E. Florida Governmental Utility Authority Golden Gate City Well Field. F. Orange Tree Well Field. G. Immokalee Well Field. H. Ave Maria Utility Company Well Field. I. Port of the Islands Well Field. (remainder of this page purposely left blank) Page 19 of 90 Words struck through are deleted,words underlined are added Packet Page-495- 9/25/2012 Item 9.B. DRAFT-9/17/12 CITY OF NAPLES EAST GOLDEN GATE WELL FIELD •QL VEU.ROAD(CA NA I 1 .L KU-ROAD.(C It.u!) 1 — — ------ — — i RAHUNL tl0UlEVM I I 27 I I ,1 I'Jy JI 32 34 I 3 � II� a ---\ f` � .: a ...�: n `F 4 T Oft R LEV .4 ,4 ..._.f...... ...... ODDER OA1E !901;3,VJ120 1 9 112 I _,:„„____... _.:...,...:,.:... it I ppg J\ p•1s ” a fe 13 of _...,_�..... 1 11_____ ,:...., IW lo 1 20 r r n Page 20 of 90 Words struck through are deleted,words underlined are added Packet Page-496- 9/25/2012 Item 9.B. DRAFT-9/17/12 CITY OF NAPLES COSTAL RIDGE WELL FIELD �-- �� _ t ANpERA,,i' i• ('"s 119 .• ,19f::"µOAF! a5 36��f3 . ; '1 : ir. \ 0\ \ i. t .......7._ _ ....i , (1 a J ., J 1 i {11 9 - r. ..10 v ' I ' 11 - { 12 , , I\ ! . • 12. I• -- t _ k ` 1 F P :E--R1DC" ROAD y _ (4 N.----1195)_" 7 . . 1 /� 4 lb(..S! i ,: ii 21 i f4,Iozr ' 1 [I .) I R ptl ('y t u 5 1..i_. e) ---:':14 .. )1' 1 'Y . � JO �, '(.(' � �IL.....'" III 2 \\'''. i.: y .1 S it . r//., 1'(. '' v i j 31 is .y,. ?. :,Ac 3 i Z _ : NAPLES , '{.7 �.:,: RADIO RO . Page 22 of 90 Words stmelc-thr-eugh are deleted,words underlined are added Packet Page-498- 9/25/2012 Item 9.B. DRAFT—9/17/12 North BTa .. tRA,r., _ ISTAM BT N-0 a 2 1 6 r i .,„,.._,,,lk- ...„..,. .� J . : y Il ST A" � ■� 9 11 12 � HT/Oa i ifill BTAW PINE RIDGE ROAD ?, `1�� 17-2 1 l IA 16 i +� 14 13 18 � � w �� BTM/a P BTM41 r 23 24 9 i��i m BTAM it_ Ili pk-B-Nirrr- 1 s 26 25 j 30 1 AmoLAWAliiiiiiil k —STP* =vi ' BTPMa �4 Nvol, 36 31 aTNra /� RADIO ROAD —\IIW wJo. 4 13 2 1 6 MNe 4 1 Illustration 3.06.06 B. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 Page 23 of 90 Words struck are deleted,words underlined are added Packet Page -499- 9/25/2012 Item 9.B. DRAFT 9/17/12 COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD C 858 I [ --—— — T - —T- r 1 1 22 "c 24 19 20 71 22 23 24 '3 3 —1 IMMOKALEE ROAD I«l _ I RI I 2/ 76 75 30 29 25 27 26 tS 30 1 T I I ' 3 34 - 36 1 31 32 34 �I 36 31 I I I 3 0111STrW-1 II 1 �1 STrW-2 ` `1 1 4.II 1 STW-9 6 4 II ST!W-4 I 2 I 1 ,\ 6 1' GOLDEN GATE BOULEVARD 1 II \ 11, -- I — _ --L---- 1 1U w '1 12 7 --`— `----'7 ir 1.17AL it �111� I oo 17 / 0 I WijiM41-;/%;_+,/ 13 ,6 17 4,4 Ar/ ST;W-2 / 1 4 3 S ■ 1________T______ U sTw-1 �. ` — zz � 23 7� 19 sT,w-2 � ST.'W-3 23 c --- ----- :1- STIW-4 0 a 27 26 25 a ------- — ------ 1 w 30 25 `7 26 25 1 3J z6 z6 31 32 33 34 INTERSTATE 75 35 36 31 —— ALLIGATOR LLD((5.R.84) 3 2 1 6 g 4 3 I 1 2 I 6 I Page 24 of 90 Words stfuek-thretgh are deleted,words underlined are added Packet Page-500- 9/25/2012 Item 9.B. DRAFT—9/17/12 13 15 Rath 1 15 14 13 1e 17 L CR B68 22 23 24 19 IIII 28 .•': ARD I►MOIfALEE RQRO 11111111111#te *� 6TI�F7� � 6TAo ,(CR 818) �71 R�,p 5 227 29 25 ' ` g 34 arnw MI 1111 I I T 1/14 1111 QrIIFd ratilins 8 GOLDEN GATE BOULEVARD _ ° Ma "VP WW1 7 4110,4 4.11,6Nr- 14 13 15 11100111hir 16 io•L df W7 22 23 24 19 •• ' , 19 OTA94 11111111bigglimi 27 28 25 30 pq 111111101111 30 ,111111.11- 35 38 31 32 33 34 33 31 I RSTATE-75 ALLIGATOR (S.R 84) 1 6 3 d 2 5 4 3 2 1 5 Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 Page 25 of 90 Words struck through are deleted,words underlined are added Packet Page -501- 9/25/2012 Item 9.B. DRAFT—9/17/12 EVERGLADES CITY WELL FIELD S'3 11-1 31 .. ..- i ' 1 11 1L, .� 7 li North 35 36 31 32 2 A11H arnw nsn►a TW 11 °1ry1' 9 14 13 18 17 tom♦ Illustration 3.06.06 D. For more information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 Page 26 of 90 Words struelc-threugh are deleted,words underlined are added Packet Page-502- 9/25/2012 Item 9.B. DRAFT—9/17/12 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD �� 23 24 21 f 116 75 r sr 11° sT: m.� xvre�rnre.>s _ 36 a4 PIPE RON NMI NOrti 16 15 14 13 17 aami BOULEVARD 23 24 I20 21 22 Q�+ ■C . mwa 26 25 "IPS 36 32 Illustration 3.06.06 E. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992 Page 27 of 90 Words stfuelc-thfeugh are deleted,words underlined are added Packet Page -503- 9/25/2012 Item 9.B. DRAFT-9/17/12 ORANGE TREE WELL FIELD „x 1 j i ST..w., .,, Y? srw.z ? STwa ,,,� // srw., ST w. 1' e � STwa a4 N€LL ROAD I #yam. ST-�t/l-t i 'd STW.3 \\\\ St t2ANt L SIXILEVARD North 10 11 12 7 15 "A" `, 13 18 Rnw� �41 ��' srnra DL wai row kr? srmt ' srnw Srnra Sma4 22 3 24 19 ...............2 _2----vaKi BOULEVARD Illustration 3.06.06 F. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 Page 28 of 90 Words strums are deleted,words underlined are ad ded Packet Page-504- 9/25/2012 Item 9.B. DRAFT—9/17/12 IMMOKALEE WELL FIELD • is 19 Ts 12 23 30 26 j/ 37 z a� J 21I i 'or S li - j it ,_I � `EAR. a.' i 1,'4' l� 7 s;,, \\,......,,s_. y...: :'":11 ' 0 If ', ,:\:':. ,.. .--. a.::_. - t t LL ff i i it R a. .. MA 6 6 ✓ 1 i. I - .... r f.... ......._. 2 a Aliali \. ltliiiit It'' ""." _.:1. 'k.2. I _ 11111:4410, \,411 Page 29 of 90 Words struck through are deleted,words underlined are added Packet Page -505- 9/25/2012 Item 9.B. DRAFT-9/17/12 North 7 $R82 8 9 10 11 18 17 16 15 14 R1 m 19 20 21 2 23 1 30 29 28 27 26 , (io)A l► A FORD-• 35 ,. . WilliffriV srn•t Iii .MMO srmt 41110 nir \, srma C.R.ma 2 iftlialik 11.,..%Wi,") 1 6 111111. 6T/w•7 'W �1 7 sows 1 9 10 11 4' srnvi 1 Mile Illustration 3.06.06 G. For more information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 Page 30 of 90 Words stFuek-tlir-eugh are deleted,words underlined are added Packet Page -506- 9/25/2012 Item 9.B. DRAFT—9/17/12 AVE MARIA UTILITY COMPANY WELL FIELD '9 20 2' 22 24 IMMOKALEE ROAD —————— 25 30 29 28 27 —4— T-- rt �I STEW-a\ f 36 31 .32 I ==' 34 I I I � I I I sTIW-1 ST/W-2 ST/W3 1 6 5 4 3 ST/W-1 ST/W- STAV. ST/W.1 ST'W-, ST1W-2 ST�W-2 � :TT:: 12 ism-3 STIW-1 —,ws i —AL STIN-3 �'` STNV-4 / ► ��` � ‘4' ST/W-2 ST/W-3 I STN!-4 13 '8 1/ 16 "5 OIL WELL ROAD Page 31 of 90 Words struck through are deleted,words underlined are added Packet Page-507- 9/25/2012 Item 9.B. DRAFT-9/17/12 North 24 19 20 II 22 Be EE ROAD 25 30 29 28 27 36 31 32 33 34 1 1 6 4 3 AM t 8T/W1 -•t � Bra St:.12 7�� •'�� 9nnE+ 10 erns * I 8TJW.1 AllikIMIll .4111110111I 13 18 17 16 15 OE_WELL ROAD C .B66 24 19 20 21 22 1 Mlle Illustration 3.06.06 H. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992 Page 32 of 90 Words ;-. .. are deleted,words underlined are added s Packet Page-508- 9/25/2012 Item 9.B. DRAFT—9/17/12 PORT OF THE ISLANDS WELL FIELD North 21 22 23 24 19 28 27 25 30 26 33 ernes, 4111 36 31 XL" eriwa ernes 4 3 2 1 6 9 10 11 12 7 1 Mie Illustration 3.06.06 I. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992 * * * * * * * * * * * * Page 33 of 90 Words struck through are deleted,words underlined are added �,.,. w Packet Page-509- 9/25/2012 Item 9.B. DRAFT-9/17/12 SUBSECTION 3._ AMENDMENTS TO SECTION 3.06.07 UNREGULATED WELLFIELDS Section 3.06.07 Unregulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.07 Unregulated Wellfields the criteria specified in 3.06.12 shall not be applied to Port of the Islands Wellfield. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 3.06.12 REGULATED DEVELOPMENT Section 3.06.12 Regulated Development, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.12 Regulated Development * * * * * * * * * * * * * I. Existing and future nonresidential use, handling, storage, generation, transport, or processing of hazardous products. 1. In zones W-1, W-2, and W-3, future nonresidential development and the continued operation or use of existing nonresidential development, which, at any point in time, uses, handles, stores, generates, transports, or processes hazardous products that are not gaseous at 105 degrees Fahrenheit and ambient pressure, and are not in quantities that exceed 250 gallons for liquids or 1,000 pounds for solids, shall be allowed pursuant to the owner and/or operator of such development obtaining a certificate to operate issued by the County. The certificate to operate shall incorporate the following conditions: * * * * * * * * * * * * * e. Upon discovery of any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe the actions to be taken by the owner and/or operator in the event of a discharge or accidental release of a hazardous product under this section;. Actions shall include first response steps to control and prohibit the discharge or accidental release of the hazardous product; remedial actions consistent with applicable state and federal laws; and proper disposal of the hazardous product. Emergency telephone numbers shall be provided for local and state response units, and the owner and/or operator's designated emergency response personnel. The Ask Page 34 of 90 Words 4Fuelc-tlireugh are deleted,words underlined are added Packet Page-510- 9/25/2012 Item 9.B. DRAFT-9/17/12 plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms for reporting of discharges or accidental releases. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principle Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principle Principal Uses in Base Zoning Districts. * * * * * * * * * * * * Table 2. Building Dimension Standards for Principle Principal Uses in Base Zoning Districts. * * * * * * * * * * * * B. Usable °Open space requirements. Usable open space shall be provided as follows, except as required in the Rural Fringe Mixed Use District within the Future Land Use Element of the Growth Management Plan. shall include active and pa- ive recreation plains, nature trails, and other similar open spaces. Open space areas shall also include those areas set aside for preservation of native vegetation and landscaped determining usable open space 1. In residential developments, at least sixty-(60) percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual single-family lots less than 2.5 acres in size. 2. In developments of commercial, industrial and mixed use including residential, at least thirty (303 percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual parcels less than five (5) acres in size. 3. Historical/archaeological resources that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or Page 35 of 90 Words stFuelf-threugh are deleted,words underlined are added Packet Page-511- 9/25/2012 Item 9.B. DRAFT—9/17/12 archaeological resources shall qualify for any open space requirements mandated by the development regulations. * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * * 9. Fences, walls and hedges, subject to section 5.03.02, ground (slab on grade) mounted air conditioners, unenclosed pool equipment and well pumps, are permitted in required yards, subject to the provisions of section 4.06.00. This includes air conditioners that are ground mounted and those required to be elevated to meet flood elevation, including their supporting structures, provided the minimum separation of structures is maintained. {For permanent emergency generator setbacks see Article IV, section 54 87 of the Collier County Code of Laws and Ordinances.) * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.04 Standards for Cluster Residential Design * * * * * * * * * * * * * Table 5.Table of Design Standards for Cluster Development Design Standard Minimum lot area per single-family unit 3,000 sq. ft. Minimum lot width Cul-de-sac lots 20 feet All other lots 40 feet Minimum setbacks Front yard 20 feet front entry garage side entry garage 10 feet Side yards zero lot line on one side 10 feet remaining side no zero lot line 5 feet each side Rear yard principle principal structure 10 feet A Page 36 of 90 Words strums are deleted,words underlined are added ;« Packet Page -512- . .n .. _ .�. -. ._� . . = e._ ._ _.. 9/25/2012 Item 9.B. DRAFT-9/17/12 accessory structure 3 feet * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 - Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the Big Cypress Area of Critical State Concern Special Treatment Overlay (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 Cyprccc Area of Critical State Co ACSC-ST shall be transmitted to the State of Florida, Department of Community Affair: Economic Opportunity, 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 within the ACSC-ST. * * * * * * * * * * * * 5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into unaltered areas of vegetation. aAccess roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the fifty (50)-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. * * * * * * * * * * * * * D. Port of the Islands, Copeland, and Plantation Island mobile-home-sites. Port of the Islands, Copeland, and Plantation Island mobile-home-sites are developments located within the urban designated area Urban Designated Area, but are also located tetatly within the Big Cypress Area of Critical State Concern. A portion of the Port of the Islands development was determined "vested" by the State of Florida, thus exempting it from the requirements of F.S. ch. 380, F.S. There is an existing development agreement between Port of the Islands, Inc., and the State of Florida, Department of Community Page 37 of 90 Words struck through are deleted,words underlined are added Packet Page-513- 9/25/2012 Item 9.B. DRAFT-9/17/12 Affairs, d--. - ---- - -:----_- _ • dated July 2, 1985, which regulates land uses at Port of the Islands. Development development within Port of the Islands shall be 0. regulated by the development agreement and the residential density and commercial intensities shall not exceed that permitted under zoning at time of adoption of the GMP. Development within the urban designated areas Urban Designated Areas of Copeland and Plantation Island mobile-home sites shall be -- - . - - _ _ -_ -•-• - • - approval reviewed and approved administratively by the County Manager or his designee for compliance with Area of Critical State Concern regulations. Development will within the Urban Designated Areas of Copeland and Plantation Island shall not be required to go through the process of filing a petition for site alteration or site development plan approval, pursuant to section 4.02.14 G, and not be required to follow the procedures for site alteration plan or site development plan approval pursuant to 4.02.14 E, 4.02.14 F.2 and 4.02.14 F.3. This does not exempt site development plans required in section 10.02.03 development orders required pursuant to Chapter 10 of the Code. There is also an agreement for Plantation Island, between the Board of County Commissioners and the Department of Community Affairs, to allow site alteration, including dredging and filling of up to 2,500 square feet, regardless of the predevelopment vegetation. This Agreement is recorded in the Official Records, Book 3788, Page 3788, in the public records of Collier County. 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 owners or his their 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-Ibelow). 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 County Manager or designee. 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. Ne allowed for this phase of the review proces. County staff shall visit the site, where appropriate. 2. Review and recommendation by - - - _ - . - _ - - , _ _ - _ _ ••- - - ••-- - -- . " - --. the County Manager or designee, Planning Commission and Environmental Advisory Council. The site alteration plan or site development plan shall be submitted to the : _- -'-: - .' - _ - = County Manager or designee who shall have it reviewed by the appropriate county staff. The planning services director County Manager or designee shall then forward the site alteration plan or site development plan and the county staff recommendations to the planning commie 1on Planning Commission (CCPC) and the -. • --••-- _ __ • _ -e-- • Environmental Advisory Council (EAC) for review and recommendation. Neither the planning commie ion nor the Page 38 of 90 Words dough are deleted,words underlined are added is Packet Page-514- 9/25/2012 Item 9.B. DRAFT—9/17/12 Hearings before the CCPC and EAC review shall require a public hearing are not required to be legally advertised and not required to provide her notice to the abutting property owners, but shall be held in a regular meeting. The planning Recommendations from the CCPC, EAC and staff shall be forwarded to the BCC for final action. 3. Final action by :-- : - -- -- ••- - - - Board of County Commissioners (BCC). Final action on the site alteration plan or site development plan lies with the BCC. The board BCC shall review the proposed site alteration plan or site development plan in a regular session meeting 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. G. Submission requirements for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. The following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land, where applicable: containing the following as determined applicable to the petition by the planning services director: a. Title of the project. b. Names of the project planner and developer. c. Date. d. North directional arrow. watercourses or easements within or adjacent to the proposed vegetative communities and wildlife habitat. Habitats and their boundaries will be consistent with the Florida Department of Transportation Florida on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at I act one inch equal to 400 feet is acceptable. Information obtained by ground Page 39 of 90 Words struck through are deleted,words underlined are added Packet Page -515- 9/25/2012 Item 9.B. DRAFT 9/17/12 identification shall comply with the siting criteria in accordance with chapter 10 of this Code. f. Location of all proposed buildings and structures with dimensions showing setbacks to property lines, roads, watercourses and other g. Access and traffic flow plan. h. Off street parking and off street loading areas. I. Proposed screening and buffering. j. Refuse collection area and solid waste. k. Access to utilities and points of utilities hookups. 1. Location for beach access as required the Beach Access Ordinance No. 76 20 [Code ch. 146, art. Ill] or its successor in function. appropriate to the particular item. Submission requirements pursuant to 10.02.00 and 10.08.00, as applicable. 2. Tabulation of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses; ground coverage by - - - •••-- -- - - -- ---. Locations for beach access as required the Beach Access Ordinance No. 76-20 [Code ch. 146, art. 1111 or its successor in function. dwelling units, sizes, and types, together with typical floor plans of each type. Document that the project is consistent with 3.03.00 and the Objectives and Policies in Goal 10 of the Conservation and Coastal Management Element of the GMP. /1. Computation sheet including the following data: a. Lot ar b. Totally enclosed area of each floor. c. Number and floor area of units by type. d. Landscaped areas to be provided including any existing ar as of native vegetatio-nT c. Parking area. Page 40 of 90 Words .-. .- are deleted,words underlined are a dded Packet Page-516- 9/25/2012 Item 9.B. DRAFT—9/17/12 f. Number of parking spaces. g. Indoor and outdoor recreation areas. i. Storm drainage and sanitary sewage plans. j. Plans for signs, if any. k. Such additional data as the planning services director may believe is surveyor, engineer, or architect or practicing land planner or I. Transfer of development rights data required in section 4.02.14 J. data as required by the LDC. n. The developer shall be subject to Chapter 3, tree/vegetation removal regulations, in existence at the time of permitting, requiring a tree removal extent practical and how roads, buildings, lakes, parking lots, and other be a consideration of the land use. o. Submission and approval of an excavation plan as required by the Collier County Code of Laws and Ordinances, if applicable. p. A development of regional impact review as required by F.S. § 380.06, as amended, if applicable. r. All exotic plants as defined in section 1.08.02 shall be removed during and preserve ar as. Following site development, a maintenance - . -• . . -, - - • =-scribe control techniques and inspection intervals, shall be filed with and subject to approval by the community Page 41 of 90 Words stimelc-thr-eugh are deleted,words underlined are added Packet Page -517- 9/25/2012 Item 9.B. DRAFT-9/17/12 planning services director in accordance with the standards established in ACC Chapter 3. H. Exceptions from public hearing requirements. The planning services director County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: 1. The area of the proposed alteration or development is five (5) acres or less in gross area; there are no transfer of development rights involved, and the following conditions, where applicable, exist: a. The proposed site alteration or site development will occur on land that was lawfully cleared and no more than ten percent of the cleared lands have re-grown with native vegetation. b. Where the proposed alteration or development involves a single-family principal structure or the renovation or replacement of a single-family structure and the proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site. "Significant modification" shall mean modification greater than 15 percent of the site. c. No pollutants will be discharged from the area that will further degrade the air, water or soil below the levels existing at the time of application. d. Water management berms and structures proposed for the protection and/or enhancement of the ST areas will meet the minimum dimensions permitted by the South Florida Water Management District. 2. Temporary site alteration for oil and gas geophysical surveys and testing. "Temporary site" alteration shall mean only those alterations involving and cutting of vegetation for surveys and equipment entry, drill shot holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimming of vegetation for access routes shall be kept to the minimum width necessary for surveying and testing. The site shall be restored as required by federal, state and county permits within 90 days of t-he the start of the project. 3. Where a A conditional use has been approved„ _ *-e • - _ - • _ ---- _ impact statement (EIS), or an exemption from the requirement for an EIS has been granted pursuant to section 10.02.02 of this Code. 4. Site alteration or site development around existing communication towers to expand or construct accessory structures associated with an already existing tower, not to exceed five acres. 5. All other site alteration or site development plan approvals of any size shall be as required to comply with the provisions in sections 4.02.14 D-, E and F., as applicable. Page 42 of 90 Words stFuek-thr-eugh are deleted,words underlined are added y r . . Packet Page -518- 9/25/2012 Item 9.B. DRAFT—9/17/12 I. Exemptions. The following activities shall be exempt from the requirements of section 4.02.14 E-and F. 1. Removal and control of exotic vegetation as defined in Chapter 3 of this Code. 2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. 3. Removal of non-native vegetation pursuant to Chapter 3 of this Code. J. Modification of site alteration plan or site development plan. Any modification of the site if for a new petition. * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4.05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.02 Design Standards * * * * * * * * * * * * * 1. Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well graded condition. Upon approval of the County Manager or designee, a suitable material (lime rock excluded) with a suitable 2. Up to seventy (70%) percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn. When the County Manager or designee determines that the paving of some or all parking spaces for houses of paved, 3. Spaces that are not paved shall be compacted, stabilized, well drained and surfaced with a durable grass cover. 4. Driveways, handicapped spaces and access aisles shall be paved. Page 43 of 90 Words struck through are deleted,words underlined are added Packet Page-519- 9/25/2012 Item 9.B. DRAFT-9/17/12 B. Parking lots and spaces shall meet the following surfacing standards: sow 1. Be surfaced with asphalt, bituminous, concrete or dustless material and in smooth, well-graded condition. Upon approval of the County Manager or designee, a suitable material (lime rock excluded) with a suitable stabilized subgrade may be substituted for the above materials. Driveways, handicapped spaces, and access aisles shall be paved. a. Grass Parking Spaces. Grass parking spaces may be used to satisfy the required off-street requirements of Section 4.05.04 in the following circumstances: Grass parking spaces shall be compacted, stabilized, well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. ii. Grass parking spaces in excess of 15 percent of the total required off-street parking shall be considered as an impervious surface in water management calculations for quality and quantity standards per the South Florida Water Management District and Collier County regulations. iii. Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn, when the County Manager or designee determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts. iv. Parking lots in excess of 200 parking spaces may surface 15 percent of the required off-street parking spaces in grass. Such grass parking spaces shall be located along the outlying perimeter of the parking lot. b. Re-establishment of paved parking. If in the opinion of the County Manager or designee, the grass parking spaces create an unsafe condition as evidenced by documented injuries or accidents, then the owner of any property may be required to replace some or all of the grass parking spaces with improved parking spaces that meet the standards of B.1 above upon receipt of written notice from the County. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 44 of 90 Words stfuek-threugh are deleted,words underlined are added Packet Page -520- � , 9/25/2012 Item 9.B. DRAFT—9/17/12 4.05.04 Parking Space Requirements * * * * * * * * * * * * * D. Developers providing parking lots in excess of 200 parking spaces may surface fifteen parking spaces shall be located along the outlying perimeter of the parking lot. pl. D. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of- way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. E. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. L F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision is made to the contrary. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. G. Spaces required. * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 45 of 90 Words strue-lchrough are deleted,words underlined are added xa Packet Page-521- 9/25/2012 Item 9.B. DRAFT—9/17/12 4.06.02 Buffer Requirements A. Applicability of buffer requirements. The buffering and screening shown in table 2.4 below shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded lexcept for restriping of lots/drives), the building square footage is changed, or there has been a discontinuance of use for a period of 1 year 60 consccutivc days or more and a request for an occupational license to resume business is made. Subdivisions or Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section 4.06.00. buffers Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. buffers Buffers shall be installed during construction as follows and in accordance with this section 4.06.00: * * * * * * * * * * * * * C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Aviv * * * * * * * * * * * * * Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (Al) - B B B B B A A AA D A - A 2. Residential (E, RSF) single-family A A B B B B B C B * D B - C 3. Residential (RMF-6, RMF-12, RMF-16) multifamily A B A A A B B B B * D B - C 4. Residential tourist (RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B * D B - B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial3 (C-1, C-1/T, C-2, C-3, C-4, C-5); A B B B B B A A A * D B B B Business Park (BP) 8. Industrial2 (I) A C B B B B A A2 A * D B B B 9. Public use (P), community facility (CF), Golf Course AB B B B B A A A * D B - C Clubhouse, Amenity Center 10. Planned unit development (PUD) * * * * * * * * * * D * * * 1 1. Vehicular rights-of-way D D D D D D D D DD - B - D 12. Golf course maintenance building B B B B B B B B BB B A B C 13. Golf course - - - B - C Page 46 of 90 Words sauelc-thr-eugh are deleted,words underlined are added Packet Page -522- 9/25/2012 Item 9.B. DRAFT-9/17/12 14. Automobile service station A C C B B B B B C * D CC D Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum 5-foot-wide type A landscape buffer adjacent to the side and rear property lines.Thia The buffer area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with Section 4.06.02 C.7. This exception to buffers shall not apply to buffers abutting to vehicular rights-of-way. 3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared buffer 15 feet wide with each adjacent abutting property contributing 7.5 feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with Section 4.06.02 C.7. This doea These provisions shall not apply to right-of- way buffers. * * * * * * * * * * * * * 6. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. 7. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met: a. A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code, and shall be submitted as either a single SDP or SIP consisting of both parcels, or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b. The following are eligible for a joint project plan. One outparcel shall be no greater than 3 acres and the combined parcel acreage shall not exceed 5 acres: Page 47 of 90 Words stfuelc-thr-eugh are deleted,words underlined are added §a pal - `' Packet Page -523- 9/25/2012 Item 9.B. DRAFT-9/17/12 Abutting commercial outparcels located within a shopping Agow- center. ii. Abutting commercial parcels in a Business Park. iii. Abutting commercial parcels with the same zoning designation. iv. Abutting industrial parcels with the same zoning designation. c. The eliminated buffer shall be reallocated to the remaining landscape buffers and/or internal landscaped areas of the proposed joint project. There shall be no net loss of landscape material or square footage of the buffer as a result of the eliminated buffer on the shared property line. d. The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives. * * * * * * * * * * * * * SUBSECTION 3._. AMENDMENTS TO SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90days 1 year or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single- family, two-family, mobile home dwelling unit, public utility ancillary system, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application on this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. Allok Page 48 of 90 Words dough are deleted,words underlined are added Packet Page -524- 9/25/2012 Item 9.B. DRAFT—9/17/12 * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 4.06.04 TREES AND VEGETATION PROTECTION Section 4.06.04 Trees and Vegetation Protection, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or a. Permitted removal of vegetation or site filling with an approved Vegetation or Plat and Construction Plans (PPL). i. For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation ii. To allow for safety during tree removal, if a developer owns directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to 100 acres of residential, commercial, or industrial lots or building sites to store project where the excavation is taking place when the following towards the lot preparation of not more than 50 acres, per section of the infrastructure, such as road rights of way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Page 49 of 90 Words dough are deleted,words underlined are added Packet Page -525- 9/25/2012 Item 9.B. DRAFT—9/17/12 i) The limits of each separate stockpile must be section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. ii) The type of vegetation to be removed must be shown on the drawinn iii) The source of the material, such as lake number (lake#) for each stockpile must be indicated on the drawing and the amount of material excavated Plans (SIPs): i) Commercial and industrial: Clearing for all shall be approved on the SDP or SIP site clearing plans. Alek ii) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights of way, and approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. iii) Preliminary Clearing and Excavation Permits {PCEP): Once the environmental review iv complete and approved, the applicant may submit ova-the applicant's site plan. All requirements of section 3.05.05.C.1. must be met. iv) The limits of each separate stockpile must be clearly delineated and the area, height, crow, section, and volume of ach individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. v) The type of vegetation to be removed must be shown on the drawing ter, vi) The source of the material, such as lake number Page 50 of 90 Words struck through are deleted,words underlined are added Packet Page-526- 9/25/2012 Item 9.B. DRAFT—9/17/12 (lake it) for each stockpile must be indicated on the c) A portion of the 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to 100 acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional new VRSFP application. residential, commercial, or industrial lots to store exce-s fill canopy of exotics. bond and in the amount of$5,000.00 per acre must be posted. a) Whcn fill is used to bring building lots to desired silt fencing. c) Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 11 fine of$10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and mid story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. An Page 51 of 90 Words struelc-tlifeugh are deleted,words underlined are added Packet Page -527- 9/25/2012 Item 9.B. DRAFT-9/17/12 exceeds current thresholds contained in the Land Development Code. To be in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. All criteria in 1.06.01 approved permit A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat (PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance with Section 3.05.05 and the following criteria. The following shall not apply to the Golden Gate Estates subdivision. 1. SDP, SIP and PPL. Clearing and filling for residential, commercial or industrial lots or building sites where lakes are excavated within a PUD or project, where the SDP, SIP or PPL has been approved, subject to the following: a. Clearing and filling of native vegetation shall be limited to 100 acres and shall be shown on the approved site plans for the SDP, SIP or PPL. Fill dirt may be imported to the site. b. Clearing and filling in excess of 100 acres shall be allowed where land has been previously cleared or the vegetation is not native vegetation. c. Lots cleared must, at minimum, be filled and graded in accordance with the approved plans to ensure the stormwater management system will function as designed and to insure the health, safety and welfare of the public. Best Management Practices (BMP) for erosion control shall be implemented and lots cleared must be stabilized with vegetation within six months. If desired by the applicant, lots may be partially cleared to retain existing native vegetation. d. The limits of each stockpile of excavated material along with height and cross-sections must be included on the approved plans for the SDP, SIP or PPL. Slopes shall not be steeper than a ratio of 4:1, or as otherwise approved by the County Manager or designee where vegetation on the stockpile does not require mowing or the 4:1 ratio is not practicable. Such determination shall be based on the type of material to be excavated and other information as provided by the applicant. e. The limits of clearing shall be shown on site plans for the SDP, SIP or PPL. 2. VRSFP. Issuance of a VRSFP, subject to the following: a. Clearing and filling of individual single family lots where a completed building permit application has been submitted and deemed sufficient by the County. Page 52 of 90 Words stru are deleted,words underlined are added 1 3 k 3 � 6 C gry �k �r�t_lf Packet Page-528- 9/25/2012 Item 9.B. DRAFT—9/17/12 b. On adjacent single-family lots where a building permit for a single-family home for one of the lots has been issued. Up to five lots may be cleared and filled per application. c. Temporary access in previously cleared areas, areas not containing native vegetation or areas of future development identified in a PUD, where the need and location for such temporary access has been approved by the County Manager or designee. d. Clearing and filling of up to 100-acres of native vegetation within a PUD or project, where the SDP, SIP or PPL has been approved, and where storage of fill from the previous development order authorizing clearing and filling is nearing capacity (75 percent complete). e. No work may commence until State and Federal permits are obtained. 3. Stabilization: a. Best Management Practices (BMP) for erosion control shall be implemented and areas cleared shall be stabilized within six months. b. Stockpiles in place for more than six months shall be stabilized. Stabilization shall be with one or more of the following: vegetation, watering, covering of stockpiles or other methods as approved by the County Manager or designee. Such determination shall be based on the type of material to be excavated and other information as provided by the applicant. Failure to do so within 14 calendar days of notification by the County will result in a fine of$10.00 per acre, per day. c. Stockpiles located one half mile or more from residences are not required to be stabilized unless the County or developer receive complaints of dust from residents. Where valid complaints are received, stabilization shall be required in accordance with 4.06.04 A.3.b (above). d. Stockpiles shall not be placed in areas used to satisfy the native vegetation retention requirements of the LDC. e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for clearing and filling of 5 lots or less or for temporary access pursuant to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. Bonds shall be released to the applicant on a prorated basis based upon issuance of building permits or stabilization of fill. 4. BCC approval. Deviations from the thresholds contained herein may be obtained from the BCC through PUD rezone or BCC approved VRSFP. The applicant must demonstrate to the Board, through a schedule of development activities, that the project will be completed in a reasonable amount of time so as to Page 53 of 90 Words ; . �� are deleted,words underlined are added %�k Packet Page-529- 9/25/2012 Item 9.B. DRAFT-9/17/12 minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. Except as explicitly exempted by the Board, all other criteria in Section 4.06.04 shall apply. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 4.07.02 DESIGN REQUIREMENTS Section 4.07.02 Design Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.02 Design Requirements * * * * * * * * * * * * * G. Open space requirements. Usable open space for PUDs shall be provided as follows, except as required in the Rural Fringe Mixed Use District within the Future Land Use Element of the Growth Management Plan. 1. Usable open space shall include active and passive recr ation ar as such as water areas beyond the perimeter of the site, internal street rights of way, counted in determining usable open space. 2-1. Within PUD districts composed entirely of residential dwelling units and accessory uses;, at least sixty (60) percent of the gross area shall be devoted to usable open space. 3-2. Within PUD districts containing commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to usable open space. 4-3. An appropriate percentage of the gross project area shall may be required to be dedicated to public use as usable open space for all development after a determination by the BCC that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impacts or needs created by the proposed development. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS Section 5.03.02 Fences and Walls, Excluding Sound Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 54 of 90 Words stpuek-thr-eugh are deleted,words underlined are added ma�y. x .. 1, Packet Page-530- 9/25/2012 Item 9.B. DRAFT—9/17/12 5.03.02 Fences and Walls, Excluding Sound Walls * * * * * * * * * * * * * G. Supplemental Standards. * * * * * * * * * * * * * 1. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three- quarters of the height of the adjacent fence {See Illustration 5.03.02 A.1.a. 1). * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS Section 5.06.02 Development Standards for Signs within Residential Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.02 Development Standards for Signs within Residential Districts * * * * * * * * * * * * * B. Applicability. Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section. * * * * * * * * * * * * * 11. Flags & Flagpoles. Residential properties including Estates, Con &Agricultural zoned districts with residential uses that have been issued a certificate of occupancy are permitted up to three flags on a single flag pole flagpole. * * * * * * * * * * * * * Page 55 of 90 Words Gtruck through are deleted,words underlined are added Packet Page-531- 9/25/2012 Item 9.B. DRAFT-9/17/12 d. Flagpoles in excess of 15 feet shall have the flagpole foundation or flagpole attachment design/construction plan signed and sealed by a professional engineer licensed in the State of Florida. The design/construction plan shall indicate the maximum flag area that the flagpole is capable of supporting, with the following exception: Single family and duplex lots with a flagpole less than 15 feet in height. No permit required. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES Section 5.06.03 Development Standards for Signs for Institutional Uses, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.03 Development Standards for Signs for Institutional Uses A. Applicability. These requirements apply to signs for institutional use facilities where signs are informational and contain no commercial message. 1. Signage for these facilities is exempt from the requirements provided in section 5.06.02 B.8 Conditional uses within residential and agricultural districts. 2. In addition, the number of signs, location and distance restrictions per section 5.06.04€ F. shall not apply to institutional use signage. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Development Standards for Signs in Nonresidential Districts * * * * * * * * * * * * * C. Development Standards * * * * * * * * * * * * * 3. The use of accent lighting as defined by the Land Development Code is prohibited en-sips. Aoski Page 56 of 90 Words struek---thr-eugh are deleted,words underlined are added Packet Page -532- 9/25/2012 Item 9.B. DRAFT—9/17/12 * * * * * * * * * * * * * 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit or clearing permit has been issued, with the exception of real estate signs_ which may be allowed on parcels Iccc than 10 acres. * * * * * * * * * * * * * D. Real estate signs shall be permitted in nonresidential districts subject to the following: 1. One ground sign with a maximum height of 40 8 feet or wall sign with a maximum sign area of 12 square feet per street frontage for each parcel, or lot less than 1 acre in size. No building permit is required. 2. One ground sign with a maximum height of 49 8 feet or wall sign with a maximum area of 32 square feet per street frontage for each parcel, or lot of 1- 10 acres in size. No building permit is required. * * * * * * * * * * * * * E. Construction signs. Signs may be erected and located upon a site under construction. Such signs shall be securely built, and allowed under the following: 1. Signs shall be located a minimum of 10 feet from any property line. 2. One ground sign with a maximum height of 8 49 feet or wall sign with a maximum sign area of 12 square feet is allowed within each front yard for each parcel less than one acre in size. No building permit is required. 3. One ground sign with a maximum height of 8 40 feet or wall sign with a maximum sign area of 32 square feet is allowed within each front yard for each parcel 1-10 acres in area. No building permit is required. * * * * * * * * * * * * * F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: * * * * * * * * * * * * * 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, 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 2 per street frontage. * * * * * * * * * * * * * d. Pole signs and, where applicable, 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 accessory. Page 57 of 90 Words struck through are deleted,words underlined are added Packet Page-533- 9/25/2012 Item 9.B. DRAFT-9/17/12 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple- occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. * * * * * * * * * * * * * e. In addition, any non-illuminated, non-reflective signs located in a window shall not exceed 25 percent of each window area. No building permit required. * * * * * * * * * * * * * 9. On-premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall not exceed 6 square feet in area. On-premises directional signs shall not exceed and 4 feet in height unless located on the side of the building. On- premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property ce t line. -the of b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. * * * * * * * * * * * * * 14. Sandwich Board/Sidewalk Signs may be permitted subject the following conditions: a. One nonilluminated sandwich board/sidewalk sign is allowed per business establishment. Page 58 of 90 Words struelc-thr-eugh are deleted,words underlined are added • Packet Page-534- 9/25/2012 Item 9.B. DRAFT—9/17/12 b. The sign must be placed on the private property and within 10 feet of the front door of the business or within a designated outdoor eating area. Signs shall allow a 3 foot passage way for pedestrian accessibility and shall not block access to an entrance. c. The size of the sign shall be no more than 30 inches wide and 42 inches in height. The sign must be weighted at the base to provide stability. A maximum of 2 sign faces are allowed per skin. d. The sign must be moved inside the business when the business is closed. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS Section 5.06.05 Exemptions from These Regulations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.05 Exemptions from These Regulations The following signs and actions are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs authorized to be displayed by law or by governmental order, rule or regulation. 1. Prohibitory signs (e.g., no dumping, no trespassing) 3 square feet in size or less and no more than 6 ft in height unless mounted to a building may be allowed without a permit. 2. Reasonable repairs and maintenance. 3. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per side, per sign. Signs shall be oriented along the fence or wall to face the fields(s) or playing area, and away from any adjacent public or private roads. * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 6.02.01 GENERALLY Section 6.02.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 59 of 90 Words struck through are deleted,words underlined are added Packet Page-535- 9/25/2012 Item 9.B. DRAFT-9/17/12 6.02.01 Generally * * * * * * * * * * * * * D. For the purposes of this section only, the following terms are defined as follows: * * * * * * * * * * * * * 12. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new development to be approved, in whole or part, as proposed development plans are submitted. Application of this system is limited to the following final local development orders: site development plan, site development plan amendment, site improvement plan, and subdivision plat and plan application. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS Section 6.02.03 Transportation Level of Service Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.03 Transportation Level of Service Requirements * * * * * * * * * * * * E. Potentially deficient road segments. 1. A County or State road segment shall be considered potentially deficient when •1 • H " _ _ - -- e_, - - - -0 e a "s" e-- -c. , - -a operated at LOS "E" peak s ason, peak hour, for 2 y ars or less, based on the AUIR. c ason, p ak hour, may operate at LOS "E," peak season, p ak hour, for 2 years before it shall become a deficient road segment. 3. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is "E," peak hour, based on the AUIR. Page 60 of 90 Words .-. . are deleted,words underlined are added Packet Page -536- 9/25/2012 Item 9.B. DRAFT—9/17/12 1. In determining the capacity of a County road segment or a State road segment for the purpose of determining whether it is a potentially deficient road segment, the County shall consider: a. Any capital road improvement currently in place. b. Any capital road improvement that is under construction. c. Any capital road improvement guaranteed in an enforceable 6.02.03 E.1. and 6.02.03 E.3. d. The actual construction of the required capital road improvement is included and is scheduled to commence in or before the third year of the capital improvement schedule adopted as part of the GMP. c. The BCC has made an express finding, after a public hearing, that the current five (5) year capital improvement schedule is based on a realistic, E. The LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the Transportation Element of the GMP. whether the proposed development is outside a designated ASI or within a designated ASI. 1. For development outside a designated ASI, or where no ASI exists, the road 2. For development within a designated ASI covering a potentially deficient road where the proposed development will create a deficient road segment, a only for that portion of the development that does not create the deficient road development that does not increase the net trips on the deficient road segment and does not further degrade the LOS of the deficient road segment. * * * SUBSECTION 3._ AMENDMENTS TO SECTION 6.06.01 STREET SYSTEM REQUIREMENTS Page 61 of 90 Words struck through are deleted,words underlined are added Packet Page-537- 9/25/2012 Item 9.B. DRAFT—9/17/12 Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.01 Street System Requirements * * * * * * * * * * * * * K. Where a subdivision or development abuts or contains existing limited access (re-letter paragraphs L through S accordingly) * * * * * * * * * * * * * R. Traffic control devices shall be provided by the developer when the engineering study indicates traffic control is justified at any street intersection within the subdivision or development or where the additional traffic flow results from the proposed subdivision or development onto any collector or arterial street. Traffic control devices are subject to County approval. If more than 1 development or subdivision is involved, each shall be required to make a pre-rata proportionate share contribution for the installation cost of the traffic control devices, as defined by the Traffic Impact Study Guidelines, as may be amended or superseded. The cost of all required traffic control devices shall be included in the amount of subdivision performance security furnished for the required improvements. * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.02 Sidewalks, Bike Lane and Pathway Requirements * * * * * * * * * * * * * F. Sidewalk, Bike Lane, and Pathway Design & Construction/Materials. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction and FDOT Design Standards. 1. All sidewalks shall be designed and constructed in accordance with the following: - - -_ _ _ e e ' !• _• - --2- - A II sidewalks sh+ll be constructed of Portland cement concrete, or paver brick in conformance with the standard—right-of way cross sections contained in appendix B in locations Aft Page 62 of 90 Words struck tlhrough are deleted,words underlined are added Packet Page-538- 9/25/2012 Item 9.B. DRAFT-9/17/12 a. Concrete sidewalks for roads with a functional classification as an arterial or collector or that is County maintained shall be a minimum of 4 inches thick, with a 28 day compre:civc strength of 3,000 psi and be constructed over a compacted four inch limerock base, or a minimum of 6 inches thick of concrete - - - - e' - • -- - ••- -- base but must be and constructed over a compacted subgrade;_ b. Concrete sidewalks for non-County maintained roads with a functional classification as local or with no functional classification (i.e., drive or accessways) may be constructed of shall be a minimum of 4 inches thick of such concrete and constructed over a compacted subgrade. Expansion materials, methods of placement, curing, forms, foundation finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction. c. Paver brick; sidewalks,—or paver brick accents in sidewalks must be installed over a 4-inch thick, compacted limerock base and sand cushion per manufacture specifications, except as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook") requirements. 3. All pathways shall be designed in accordance with the most current FDOT Bicycle Facilities Planning and Design Handbook as it pertains to shared use pathways. Below are the preferred standards for pathway construction; however, if the applicant can demonstrate that a lesser cross-section will meet the requirements of the County, then upon the approval of the County Manager, or designee, it may be permitted. Pathways may be constructed of the following types of materials: a. Concrete - County maintained pathways shall be constructed of a minimum of 6 inches of Portland cement concrete over a compacted subgrade. Pathways on non-County maintained roads with a functional classification as local or with no functional classification shall be constructed of a minimum of 4 inches of Portland cement concrete over a compacted subgrade. A - . • - - - - 'e" - - -•--- compacted subgrade. Expansion joints shall be one half inch preformed bituminous conforming to the latest edition of ASTM. Contraction joints shall be saw cut joints with longitudinal spacing equal to the width of the pathway. The saw cut depth shall equal or exceed '/t the concrete Page 63 of 90 Words struck through are deleted,words underlined are added Packet Page-539- 9/25/2012 Item 9.B. DRAFT—9/17/12 thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Spccifications for Road and Bridge b. Asphalt-All pathways constructed of asphalt shall contain a minimum of 1-2 6 inches stabilized subgrade (LBR 40), 6 inches compacted lime-rock base, and 1.5 inches Type S-III asphaltic concrete, unless an alternate cross-section is otherwise determined to be acceptable by the County Manager, or designee. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES Section 9.03.02 Requirements of Continuation of Nonconformities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.02 Requirements of Continuation of Nonconformities * * * * * * * * * * * * * F. Discontinuance or destruction. 1. If any such nonconforming use ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 180 consecutive days 1 year, any subsequent use of land shall conform to the regulations specified by the LDC for the district in which such land is located. 2. Notwithstanding the above definitions of discontinuance relative to a nonconforming use of land or water or structure, where the use of land, water or a structure has ceased for a period of more than 1 year ninety (90) consecutive days, and where such property or use is deficient in the required amount of paved, striped parking, including parking and access to the structure for the disabled; water management facilities; landscaping; and other site improvements as required in Chapter Four of the LDC, prior to the recommencement of any use of land, water or structure, said deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Chapter Ten, or as otherwise required by the LDC. * * * Page 64 of 90 Words stfuelc--tlifeugh are deleted,words underlined are added Packet Page -540- 9/25/2012 Item 9.B. DRAFT—9/17/12 SUBSECTION 3._ AMENDMENTS TO SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED Section 9.04.02 Types of Variances Authorized, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read 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 spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities; and for site alterations, regardless of predcvclopmcnt vegetation, on lots within the Subdivision (unrecorded.)_ A. Variances for signs. The variance procedure for signs is provided in section 5.06.00, the Collier County Sign Code. B. Variances for site alterations, regardless of predevelopment vegetation, on lots, within 1. Pursuant to the § 380.032(3) Agreement between the Board of County State Concern, a variance from the requirement of subsection 4.02.14 C.4. of the Land Development Code shall be authorized for site alterations, including single lot if only one lot is owned, within Units One, Two and Thrcc of the South, Range 29 East, in Collier County, Florida utilizing the procedure as set - - - •.94.! - -- _ -- -- --- —--- --e - - -- - --- Administrative Code. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED Section 10.01.02 Development Orders Required, Excluding Sound Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 65 of 90 Words struck through are deleted,words underlined are added t Packet Page-541- 9/25/2012 Item 9.B. DRAFT—9/17/12 10.01.02 Development Orders Required Alitsv A. Development Order Required. No on-site or off-site development or development ti related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to: SDP, SIP, Construction Drawings, or clearing permit SCP, except where early work authorization or early construction authorization has been approved. B. Early Work Authorization (EWA). * * * * * * * * * * * * * 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with Section 3.05.05,_0,; b. County right-of-way permit has been approved; c. A determination of native vegetation to be retained for landscaping which would comply with Section 4.06.00; d. An excavation permit has been approved; e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02.-C-; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office;•h. - - - - - -- - - - - - - - _ .. ... .. - - - $5,000.00 per acre dependent on the character of vegetation being d; A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of$2,000.00 per acre is posted for stabilization with vegetation in accordance with 4.06.04 A.3; Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); j. This approval is good The EWA permit is valid for 60 days with the possibility of 2 ea. 30 day two 60-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded. Where more time is needed, a new EWA may be requested; k. The developer must clearly state his understanding that all such All preliminary construction activities are at his own risk; the risk of the developer. Page 66 of 90 Words strueli-thr-eugh are deleted,words underlined are added t Packet Page-542- 9/25/2012 Item 9.B. DRAFT—9/17/12 accordance with the VRSFP, will commcncc at the timc the EWA is Section 4.06.04 A 1.a.vii.d. C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a conditional building permit prior to development order approval subject to the criteria, limitations, and procedure established in this section. 1. The ECA may be approved by the County Manager or their designee if the following criteria are met: a. A form provided by the Collier County Growth Management Division is submitted that clearly states the developer understands that all such preliminary construction activities are at his/her own risk. b. The zoning designation allows the use. c. The proposed vegetation removal complies with Section 3.05.05.0, if applicable. d. The site development plan, improvement plan or amendment application has been submitted and reviewed and the first review comments are posted. e. The building permit application and plans have been submitted, reviewed and the portion of work to be authorized by the permit has been approved by the Collier County Building Department. f. The portion of work to be authorized for the permit has been approved by the Office of the Fire Code Official and under the Florida Fire Prevention Code. q. Posting of a bond or other surety acceptable to the County, naming the County as the insured, to make certain that any construction improvements, for all phases, will be removed if the development does not receive the necessary final development order approval. The bond or surety shall be in an amount equal to an estimated cost prepared by the developer and approved by the County Manager or designee to remove improvements granted by the ECA permit. If phased permits are approved, the initial bond or surety shall be increased to cover the construction authorized by the phased permit or a subsequent bond or surety shall be posted. 2. Limitations on construction activity. a. The ECA permit allows approved construction to commence up to the first building code inspection. Construction may continue following phased or complete building permit approval by the Collier County Building Department and Office of the Fire Code Official. All construction is subject Page 67 of 90 Words stfuek-thr-eugh are deleted,words underlined are added t . Packet Page-543- 9/25/2012 Item 9.B. DRAFT—9/17/12 to the time limitations identified in section 105.4.1 Permit intent, of the Florida Building Code. b. If the site development plan, improvement plan or amendment is denied by the County, then the developer shall remove any improvements permitted by the ECA's conditional building permit within thirty (30) days of the denial. Failure to remove the improvements within thirty (30) days will result in the forfeiture of the Bond or surety provided for in 10.01.02 C.1.g. 3. Procedure. a. The ECA permit application shall be reviewed by the Collier County Planning and Zoning Department, the Building Department and the Office of the Fire Official through a combined submission process. b. Failure to receive an approved site plan prior to the expiration of the building permit shall result in the forfeiture of the bond or surety provided for in 10.01.02 C.1.g. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * * B. Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: * * * * * * * * * * * * * j. Permits. All necessary permits and necessary applications requiring county approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the site development plan: Florida Department of Environmental Protection water and sewer facilities construction permit application. Page 68 of 90 Words staielc-thfeugh are deleted,words underlined are added Packet Page-544- 9/25/2012 Item 9.B. DRAFT—9/17/12 ii. Excavation permit application. iii. A Notice of Intent [N011 to issue either a Florida Department of Transportation and/or a Collier County right-of-way permit. permits. iv. Collier County right of way permit, if required, prior to or at site iv v. Blasting permit prior to commencement of any blasting operation. v v+. South Florida Water Management District permit, if required, or, Collier County general permit for water management prior to site development plan approval. vi vii. Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits prior to building permit approval. vii vi++. Any additional state and federal permits which may be required prior to commencement of construction, addressing the impacts on jurisdictional wetlands and habitat involving protected species. viii ix. All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the development that may be submitted. ix x. All necessary performance securities required by Collier County ordinances in effect at the time of construction. x. The following permits, if applicable, require final approval and issuance prior to the County pre-construction meeting: (a) Florida Department of Transportation Right-Of-Way Construction Permit. (b) Collier County right-of-way [ROW1 permit. * * * * * * * * * * * * * 4. Site development plan time limits for review, approval and construction. * * * * * * * * * * * * * b. Approved site development plans (SDPs) shall remain in force for three (3) years from the date of approval, as determined by the date of the SDP approval letter. If construction has not commenced within 3 years, the site development plan approval term will expire and the SDP approval is of no force or effect. One An amendment to the SDP may be applied for and may be granted prior to the original expiration date, so long as the proposed amendment complies with the LDC requirements in force at the time of the SDP amendment submittal. The SDP amendment shall remain Page 69 of 90 Words struck through are deleted,words underlined are added Packet Page -545- 9/25/2012 Item 9.B. DRAFT 9/17/12 in effect for 3 years from the date of approval, as determined by the date Ask of the SDP amendment approval letter. i. A one time, one year Two year extensions of the three year limit of for the approved SDP or the approved SDP amendment may be granted. A maximum of two (2) extensions may be granted before a SDP amendment is required. Applications for an c. Once construction has commenced, the approval term shall be determined as follows. The construction of infrastructure improvements approved under an SDP or SDP Amendment shall be completed, and the project engineer's completion certificate provided to the Engineering and Environmental Services Director, within 30 months of the pre-construction conference, which will be considered the date of commencement of construction. A singic 12 month Two year extensions to complete construction may be granted, for good cause shown. A maximum of two extensions may be granted before an amendment is required and the extension is reviewed for LDC compliance. Each request should provide written justification for the extension and A written request shall be submitted to, and approved by the County Manager or designee prior to expiration of the then effective approval term. Thereafter, once the SDP or SDP Amendment approval term expires the SDP is of no force or effect. * * * * * * * * * * * * * } r i IY m n . s ®.e o pp F r Page 70 of 90 Words are deleted,words underlined are added Packet Page-546- 9/25/2012 Item 9.B. DRAFT—9/17/12 * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS Section 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Submittal Requirements for Improvement Plans * * * * * * * * * * * * * B. Construction of required improvements. * * * * * * * * * * * * * 11. Expiration. If improvements are not completed within the prescribed time period as specified in section 10.02.04 B.3.b and a subdivision performance security has been submitted, the engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the bBoard of eCounty cCommissioners within 36 months from the date of the original board approval. The developer may request one two-year extensions for completion and acceptance of the required improvements. A maximum of 2 extensions may be granted. Each request should provide written justification for the extension. Additional extensions at the discretion of the County Manager or designee. * * * * * * * * * * * * * F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. * * * * * * * * * * * * * 2. SIP submission requirements, preparation standards and notes. * * * * * * * * * * * * * h. A right-of-way permit shall be required, subject to subsection 10.02.03 B.1.j. This permit shall be obtained prior to approval of the SIP. A copy of came shall be submitted to the assigned planner. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Page 71 of 90 Words struck through are deleted,words underlined are added Packet Page-547- 9/25/2012 Item 9.B. DRAFT-9/17/12 Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Aft 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * * D. Agricultural land clearing. 1. Land clearing notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the County Manager or designee that the removal will occur. Said notice shall include the 1. Agricultural 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 Statutes, shall be required for all agricultural operations except as exempted by 10.02.06 D.1.f (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 Florida Forest Service, private or industrial) as part of the application. An application fee in an amount to be determined by the Aft 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: * * * * * * * * * * * * * vi. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to the Collier County growth management plan, conservation and coastal management element __ - .• . e - - - • - - - - policie& and Collier County Land Development Code section 3-94.00. 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. * * * * * * * * * * * * * 2. hand Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: Page 72 of 90 Words dough are deleted,words underlined are added Packet Page-548- 9/25/2012 Item 9.B. DRAFT—9/17/12 * * * * * * * * * * * * * E. Enforcement and penalties. * * * * * * * * * * * * * 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: i. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. iii. All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a 7 foot crown spread and have a minimum dbh of 3 inches. iii Replacement vegetation shall meet the following criteria, at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies, the following minimum sizes shall apply: one gallon or liner ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. Page 73 of 90 Words struck through are deleted,words underlined are added Packet Page -549- 9/25/2012 Item 9.B. DRAFT-9/17/12 e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or his designee to allow for any deviation from the above specified ratio criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or his designee. * * * * * * * * * * * * * 3. Corrective measures for environmental violations. a. Mitigation. * * * * * * * * * * * * * iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Covers and Forms Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. * * * * * * * * * * * * * b. Requirements for a mitigation plan. Page 74 of 90 Words struck through are deleted,words underlined are added Packet Page-550- 9/25/2012 Item 9.B. DRAFT—9/17/12 i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 10.02.02 A.3 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The plan shall designate the preparer's person's name, address and telephone number that prepared shall be included on the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest(provide type), farm, natural buffer area, lake, etc. c. Site-specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery pest or mechanical damage, (5) heavily branched and densely sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of 3 inches. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. Page 75 of 90 Words stFuek-threugh are deleted,words underlined are added Packet Page-551- 9/25/2012 Item 9.B. DRAFT-9/17/12 iii. The plants proposed for planting must be temperature tolerant to Amok- the areas they are to be planted in. The ---- - - -- - - • --•-• Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. d. County review of mitigation plan. Development Development—seMees The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A 1 ycar intcrvals. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on-site conditions within one month prior to the anniversary/due date for the re-inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two- year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring ogook Page 76 of 90 Words she threugh are deleted,words underlined are added Packet Page-552- 9/25/2012 Item 9.B. DRAFT—9/17/12 schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. f. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 E.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or his designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). 6. Existing Code Enforcement cases. The requirements of 10.02.06 E.2.a.iii and 10.02.06 E.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to (effective date of Ordinance', unless the respondent elects to use the new criteria. Page 77 of 90 Words 1.- are deleted,words underlined are added -4-1C2713 ir+t Packet Page -553- 9/25/2012 Item 9.B. DRAFT 9/17/12 SUBSECTION 3._ AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * * C. Certificate of public facility adequacy. 1. General. a. Payment of road impact fees to obtain a certificate of adequate public facilities. This section is to be read in conjunction with Section 74-302(h) of the Collier County Code of Laws and Ordinances. ii. A five-year temporary certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a temporary certificate of public facility adequacy is issued, 20% of the estimated payment based on the impact fee rate in effect at the time of the pre approval letter will be duo upon payment of the estimated road impact fees in accordance with the provisions of Section 74- 302(h) of the Collier County Code of Laws and Ordinances. Such payments will be and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements, except that for those non- residential (i.e., typically commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: a) Comply with the applicable regulations of this section as to one or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or b) Delay submitting a TIS and obtaining a COA for all of the Page 78 of 90 Words struelc-thfeugh are deleted,words underlined are added ? ; . .? s t fib. Packet Page-554- 9/25/2012 Item 9.B. DRAFT—9/17/12 proposed lots, or just those remaining lots not then already complying with this section, until a required SDP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of estimated Transportation Impact Fees in accordance with this subsection, and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055, F.A.C. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application, such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be paid in four additional annual installments of 20%, beginning one year after the initial 20% payment. i - iii. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. iii. At the time a temporary COA is issued, and the first 20% of the estimated payment is paid, the applicant will deposit with the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years, in an amount equal to the 20% payment. iv. Upon payment of 100% of the estimated impact fees, the certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the initial estimated impact fees. v. Once the initial 20% of the estimated payment has been paid, the COA has been issued, failure to submit the remaining additional installments in accordance with the provisions of this subsection a) Upon failure to cure following 10 days written demand, the sec,irity• and f b) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of Page 79 of 90 Words stFuelc-tlifeugh are deleted,words underlined are added Packet Page-555- 9/25/2012 Item 9.B. DRAFT-9/17/12 vi. For those developments that have secured a three year COA, in impact fee rate in effect at the time of the pre approval letter, must year certificate that has expired, in order to extend the vesting period for an additional five years, the balance of estimated the time of the pre approval letter must be paid in five additional annual installments of 20%, with the first payment being made within 30 days of the effective date of this Ordinance. At the time the first 20% of the estimated payment is paid, the applicant will deposit with the County sufficient security, the form of which has of four years, in an amount equal to the 20% payment. Upon certificate will be issued in perpetuity and the dedicated security actual road impact fees are paid equal to the balance of the estimated transportation impact fees. Once the first additional annual installment has been paid, the security has been deposited submit payment in accordance with the provisions of this a) Upon failure to cure following 10 days written demand, the security; and b) The matter will be referred to the Board of County Commi-sioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. vii. Offsets for road impact fees assessed to building permits for any remaining balance of payments related to the original three year certificate, will be applied equally to the new or remaining viii. This provision is to be read in conjunction with section 74 302(h) of the Collier County Code of Laws and Ordinances. b . Annual Traffic/PUD Monitoring Report. Planned Unit Developments (PUDs) that are less-than one hundred (100) percent "built out", must development. The traffic report shall be submitted as part of the annual Page 80 of 90 Words struck through are deleted,words underlined are added Packet Page-556- 9/25/2012 Item 9.B. DRAFT—9/17/12 -- - - -- _ approval by the Board per LDC section 10.02.13 F. i. The written report shall be submitted to, and be in a format established by thc County Manager, or designee, unless payment ii. The report shall provide any revised estimates to the initial build out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. iii. The traffic reporting requirements arc thc responsibility of the entity or entities that: a. Retains the development rights to any density or intensity; Of b. Has obtained a new certificate of occupancy since the iv. Traffic/PUD Monitoring Reports which are more than thirty (30) days past due will result in the suspension of final local development order issuance for the PUD or portion of the PUD v. The county manager or designee may waive the traffic counts for the annual monitoring period for the entire PUD or portions of the PUD under the following conditions: a) If portions of the PUD have remaining un built approved (25) PM peak trips, b) If the PUD or portions of the PUD are completely built out or are still vacant c) If there has been no activity in portions of the PUD since the previous monitoring report. vi. A notarized statement is required to request a traffic count waiver stating one (1)of the reasons above. b. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of"built-out" status. Page 81 of 90 Words.struck through are deleted,words underlined are added Packet Page-557- 9/25/2012 Item 9.B. DRAFT—9/17/12 c. Where the proposed development has been issued final subdivision plat approval or final site development plan approval, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. d. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Upon notice by facsimile or other approved electronic format that an application for a final local development order and a certificate have been approved and prior to expiration of the temporary, 1-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., an applicant may pick up the certificate upon payment of the estimated transportation impact fees due in accordance with section 10.02.07 C.1.a. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the certificate will be voided. In such a case, the applicant shall then be required to apply for an extension of the capacity reservation in accordance with section 10.02.07 C.4.f. If the size of the residential units is not known at the time of payment, the transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size. Road impact fees paid to obtain a certificate of adequate public facilities are non-refundable after payment and receipt issuance of the certificate of public facility adequacy certificate. Not later than 4-5 days prior to the due date of the next to occur annual installment for certificates issued subsequent to the effective data of this the county shall notify the then current owncr via ccrtificd mail of the amount duc calculated in accordance with section 10.02.07 C.1.a. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1. of this Code will remain in effect -- ' -- - - - - -- - - -- -- _ - provided provisions of subsection 10.02.07 C.1. d. of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed Aimotz Page 82 of 90 Words struck through are deleted,words underlined are added Packet Page-558- 9/25/2012 Item 9.B. DRAFT—9/17/12 consistent with the current development infrastructure improvement construction commitment schedule. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures * * * * * * * * * * * * * E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards'affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantiab4 changes. n , su"bstantial'change(s) f7Trapproved PUD master plan Ordinance shall,require the review,,and recommendation of the Planning Commission and approval by the,Board of.County Commissioners as a PUD amendment prior to implementation:Applicants'shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. Any insubstantial'change(s) to an approved _ e •• - _ - - -- . - s . - e --• cion. For the purpose of this section, a substantial change shall be'deemed to exist where: * * * c ..*- -.-'7*s. ,, ..,_ * ,* * * * 2, - - -- _ - - Insubstantial'change determination. An Insubstantial change includes an■ichange that is not considered a substantial or minor change. An insubstantial change(s) to an approved PUD Ordinance based upon an evaluation of subsection 10.02.13 El shalt require the review and approval of the Planning Commission based on the findings and criteria used for original applications as an action taken at a reqularlwsoheduied meeting. a. The applicant shall provide the Planning Services Department Director documentation which adequately describes.the proposed changes along with the appropriate',.review, fee prior, to review by the Planning Commission, The PUD .master plan map shall show all data normally required for submittal of PUD master plan unless it is otherwise determined not to be necessary, describingg'the proposed changes in land use; densities; . infrastructure; open space, preservation or conservation areas, area of building square footage proposed for nonresidential development, change in potential intensity of land use and related automobile tripjnovements, and relationships to abutting land uses. on; the applicant, for evaluation of PUD master plan Page 83 of 90 Words struelc--thr-e>h are deleted,words underlined are added **highlighted lan e n ei approved by BCC * Packet Page -559- 9/25/2012 Item 9.B. DRAFT—9/17/12 revisions, shati i:6vide a detailed wri' e "narrative describing 'all of the changes) andthe-`easons for the'ret `est 'Upon receipt of the amended PUD master lan i4 Planning Servicelepartment Director shall review �` said plan agamsl;c t na'established`wity section,10.02.134 El above and may ,forwar `plan to anyoth .agency,` division or authority) deemed necessa,�,,folreview and commen �� .,4 4 _ irii. --- - - ,7.- - - - -- r' : _ . . • 4. Insubstantial changes -pr -oce lures. Any insubstantial Change(s) to an approved -- -. - ....._ . tion taken at a regularly;scheduled meeting: -.,. - e--:- . --- •e- . --e- _•.-e- a -. _. --- a -s PUD doc ent 6 3. Minor changes_ not otherwise pro. a-: .. The following are considered minor changes, and maybe approved by the ounty Manager or designee under the procedures established in this'section. .-. .1- . •••• eee •- , • .. - . ' - P. ' --• ---• - - - • - - - - - -- - • - , opproxima - - - - - a a •• -- , -•- • - - • .e '. •• adjjacent'' land uses, tin `r`Y changes may : become necessary during the 7-, a",1`. Education' ar and.ancillary plaiiii-exce,ition. When a PUD is amended for the sole purposet_oj;adding an Educational and/or ancillary plant, that PUD will not subject to the. reyi0i process outlined in section 10.0212 E.13 E'1 The,'review conduct will be limited to the impacts that the Educational„or ancillary plant will have on the surrounding uses. e, b. The County Manager or his designee shall also be authorized to allow minor changes ',to- the PUD master.;!.plan during its subdivision improvements plan or site development plan process to accommodate topography, ',vegetation and other- site''conditions not identified or accounted fotr during its original submittal and review and when said changes have been determined to be,-compatible with adjacent land uses, have no'impacts external to the, site, existing or proposed, and is otherwise' consistent with the provisions of this code and the growth management plan. Such changes shall include: a: i. Internal realignment of rights-of-way, including a relocation of access, points to the PUD itself; where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. Page 84 of 90 Words AtFnelc-thfeugh are deleted,words underlined are added **liighijhted Tian.:r .r!'`,: Miff* . 1 by BCC** Packet Page-560- 9/25/2012 Item 9.B. DRAFT—9/17/12 II Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. Relocation: of facilities sWuiting sclubhous s' Or other recreation wher 's • ielocation, will:not afl;ect adjacent properties or land uses: ' 7 Relocation ''or reconfiguration of lakes "ponds,~or. other "water . ,. � F, ? � sy, rR: p. t Rte;:. facilities''subject ,to tjie submittal of evil i later management plans, or approval of tbe EAC where applicable: Nlmor changes�of, thetype {described ab e +alieyertheless. be reviewed by appropriate staff to ensure that said changes are otherwise incompliance.;with all�ticounty`o_rdiriances a�nregulations prior to the or's con'sideratiog r approval.fo planning Services Department Direct c. Affordable fiousin hill q commitments: Beginnmq- {effective date of this Ordinance',the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in =' PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: i. The applicant-notices property owners in writing in accordance with sections 10.03.05 B.10 or 10.03.05 B.11 as may be applicable. 'wri en 6•1ec ion is 'received, the reguestrirWard commitments is deemed approved. . iii. If a property' owner who receives notice submits a written objection within 30 days of the mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall . comply' with. subsection 10.'03.05 B.13 of the LDC. * * * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or lais designee. 1. The monitoring report must be prepared in a County approved format as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete. These Page 85 of 90 Words stiFaelc-threugh are deleted,words underlined are added **hig111i�gbted language not yet approNed by B ** Packet Page -561- 9/25/2012 Item 9.B. DRAFT—9/17/12 reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). A tract or parcel of a PUD that has completed construction within that tract may be considered built-out and not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built-out status does not exempt the tract owner(s)from commitments applicable to the entire PUD. * * * * * * * * * * * * * 6. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. * * * * * * * * * * * * * SUBSECTION 3. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * . * * * * * * * * * S. Site development plan time limits. Approved final site development plans (SDPs) only remain valid and in force for 2 3 years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code. If no development, i.e., actual construction, has commenced within 2 3 years, measured from the date of such site development plan approval, the site development plan approval term expires and the SDP; is of no force or effect; however, 1 amendment to the SDP; may be approved; prior to the expiration date, which would allow the SDP as amended to remain valid for 2 Page 86 of 90 Words struck through are deleted,words underlined are added : Zit If L7r - ti Packet Page -562- 9/25/2012 Item 9.B. DRAFT-9/17/12 3 years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code. * * * * * * * * * * * * * SUBSECTION 3._ AMENDMENTS TO SECTION 10.08.00 CONDITIONAL USES PROCEDURES Section 10.08.00 Conditional Uses Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.08.00 Conditional Uses Procedures * * * * * * * * * * * * * E. Conditions and safeguards. In recommending approval of any conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code. 1. Any conditional use shall expire 3 5 years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. 2. Any conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The Board of Zoning Appeals may grant a maximum of one 1 year 2-year extension of an approved conditional use upon written request of the petitioner. * * * * * * * * * * * * * Page 87 of 90 Words stpuelk-tlreugh are deleted,words underlined are added Packet Page -563- 9/25/2012 Item 9.B. DRAFT-9/17/12 SUBSECTION 3._ AMENDMENTS TO APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS Appendix A — Standard Performance Security Documents for Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS * * * * * * * * * * * * * IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue), and shall thereafter be automatically renewed for successive one-year periods on the Avow anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current business address). BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") do Engineering Review Services, 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be Page 88 of 90 Words struck through are deleted,words underlined are added Packet Page -564- 9/25/2012 Item 9.B. DRAFT—9/17/12 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the followinci address (list Florida address). This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 2007 Revision) International Chamber of Commerce Publication No. 500 600. (Name of Issuer) By: Printed Name/Title (President, Vice President, or CEO) (Provide proper Evidence of Authority) * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 89 of 90 Words struelc-difeugk are deleted,words underlined are added Packet Page-565- 9/25/2012 Item 9.B. DRAFT—9/17/12 SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Aok Approved as to form and legal sufficiency: ***DRAFT*** Heidi Ashton-Cicko, Esquire Managing Assistant County Attorney 04-CMD-01077/1037 (9/17/12) Page 90 of 90 Words ;-. ,, are deleted,words underlined are added <.;.. 44. .° 4, °,° Packet Page -566- 9/25/2012 Item 9.B. DRAFT—9/17/12 ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as Page 1 of 124 Words struck through are deleted,words underlined are added Packet Page-567- 9/25/2012 Item 9.B. DRAFT—9/17/12 amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on September 11, 2012 and September 25, 2012, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act(F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. Aft Page 2 of 124 Words struck through are deleted,words underlined are added Packet Page-568- 9/25/2012 Item 9.B. DRAFT-9/17/12 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or"GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 3 of 124 Words struck through are deleted,words underlined are added Packet Page-569- 9/25/2012 Item 9.B. DRAFT—9/17/12 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to Aft implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Artist Village: A residential development intended exclusively for the housing of artists, such as painters, sculptors and jewelry makers, and that consists of one or more multifamily attached dwellings, clustered single-family detached dwellings, or a combination thereof, with shared studio and/or gallery space that may be used by all residents. Asok Page 4 of 124 Words struck through are deleted,words underlined are added Packet Page -570- 9/25/2012 Item 9.B. DRAFT-9/17/12 * * * * * * * * * * * * * Community Garden: A single piece of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops such as flowers, for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. * * * * * * * * * * * * * Live-Work Units: A dwelling unit in which a significant portion of the space includes a non-residential use that is operated by the tenant. * * * * * * * * * * * * * Mixed use project approval process: A process by which a land owner may petition the BGG for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus density pool units. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * I. Bayshore Drive Mixed Use Overlay District. "- Ii to - - County Zoning Atlas Map or map series. 1. Purpose and Intent. a. Bayshore Drive Mixed Use Overlay District is to encourage revitalization :- _ ■ ! _ :.- ■ ! . - - . •- - - oriented, interconnected projects with a mix of residential and commercial other. Residential uses are often located above commercial uses, but can Page 5 of 124 Words struck through are deleted,words underlined are added Packet Page-571- 9/25/2012 Item 9.B. DRAFT-9/17/12 commercial uses. An interconnected street system is thc basis for the transportation network. When possible buildings, both commercial and and/or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay Maps. Except as otherwise provided by this section of the LDC, other b. Existing Planned Unit Developments (PUDs) arc not subject to the Bayshore Overlay District requirements; however, PUD applications herein, c. Amendments or boundary changes to PUDs that existed prior to March 3, !!: _ - _ . _ - _ -- _. _ . . - _ -e .• - ••-• . d. Property owners within the BMUD Neighborhood Commercial (NC) or classification, or may elect to develop/redevelop under the mixed use (W) Subdistricts of this overlay, through a mixed use project approval from the BCC. However, in either instance, BMUD site development section 2.03.07 I.6.h. of this Code. c. Renovations to thc interior or exterior of nonconforming buildings in the 9.03.00, of the LDC. Page 6 of 124 Words struck through are deleted,words underlined are added Packet Page-572- 9/25/2012 Item 9.B. DRAFT—9/17/12 Illls. ante-a e.Ma Ma oiMu t � 1 tm Gateway Triangle Mixed Use Overlay Dab. GTMUD-M.Wad Use GuEdMd GTMUD-R Peodeneel Subfuse. i 1 \ OM) Under lrep zodre 1 _ \ V\V \w M'nl Tnen6b \�� \ er' Se: APL Ammon,Perimane vY Future Lend.Use r I S �� 7-1 Ace.iq Center le .! � \ ••..CM Sou., OverteY BOVAery ,-- RAWD-Map4 a. Owners of property in the Neighborhood Commercial (BMUD NC) and MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C 1 through C-3 zoning districts. The application shall be accompanied by a conceptual site plan demonstrating compliance with the criteria in section 10.03.05.G. b. There shall be a public hearing before the Planning Commission. legally noticed and advertised pursuant to section 10.03.05.G.1. and posted as provided for in subsection 10.03.05 G.3. The Planning Commission shall make a recommendation to the Board of County Commissioners based public hearing before the BCC, legally noticed and advertised pursuant to resolution. c. Once a Mixed Use Project has been approved by the BCC, the applicant shall submit a cite development plan (SDP), based on the conceptual site plan approved by the BCC and meeting the requirements of section 10.02.03 B.1. of this Code, to the Community Development and Environmental Services Division within six months of the date of approval. the Division within 30 days of submittal. After the SDP has been approved, the approved project shall be identified on the Collier County official zoning atlas map, using the map notation MUP. If a MUP approval expires, as set forth below, the map notation shall be removed from the SDP application in a timely manner, to be responsive to the County's Page 7 of 124 Words struck through are deleted,words underlined are added Packet Page -573- 9/25/2012 Item 9.B. DRAFT 9/17/12 Amok d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submitta iii. The SDP under review is deemed withdrawn and cancelled, 9.9 iv. The SDP is considered no longer valid, pursuant to section 1-0-.02.03.B.4.b. and c. c. Once a property owner, through a MUP approval, elects to develop or Waterfront (W) Subdistricts, then the property shall be developed in Underlying zoning district. 4. Bon-us-Density-Roo 1441eGation Under the Collier County Future Land Use Element, 388 bonus density units are available for r allocation within the Bayshore/Gateway Triangle Redevelopment balance as the units are used. These 388 bonus density units may be allocated between this BMUD overlay and the Gateway Triangle Mixed Use Overlay District (GTMUD), and shall only be allocated through the MUP approval process. following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within either the Neighborhood Commercial or Waterfront Subdistricts, and shall be a mixed use project mix of commercial and residential uses, as set forth in 1.a., above. b. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project being sought. The difference in units per acre determines the bonus density allocation requested for the project. Allott Page 8 of 124 Words struck through are deleted,words underlined are added Packet Page -574- 9/25/2012 Item 9.B. DRAFT—9/17/12 - -- A • - - 9-- - provided in the Density Rating System, is allowed in addition to the the Coastal High Hazard Area (CHHA). d. The project shall comply with the standards for mixed use development set forth in the Bayshorc Mixed Use Overlay District. c. For projects that do not comply with the requirements for this density System and applicable FLUE Policies. 5,---Administrative-Deviations. a. Authority. The County Manager or designee is hereby authorized to utilize approval from the Board of County Commissioners from the following eligible land development standards that meet their associated criteria. b. Applicability List of Development Standards Eligible for deviation i. 4.02.16.A.Table 11.Front Yard(including build to line). a) These deviation requests shall be subject to the prose-., and procedures of Sec. 5.05.08. F. Deviations and one of the following conditions or circumstances: i) If constructed where otherwise required, the building(s) or structure(s) would conflict with encroach into an associated public utility easement, sonably be relocated or vacated based on physical or legal restrictions, as applicable. ii) parcel configurations of unique or challenging boundary geometry such as when a parcel's acr age has limited frontage relative to its acr age - - _ 1.194- - - - • • - --- - - - - •e- vehicular and pedestrian circulation pathways at a minimum of 110% of the parcel frontage. Page 9 of 124 Words struck through are deleted,words underlined are added Packet Page -575- 9/25/2012 Item 9.B. DRAFT—9/17/12 b) In order for the conditions or circumstances under b), Alow immediately above, to be approved for a deviation, the i) the proposed alternative shall be integrated into the circulation pattern of the neighborhood and, ii) the proposed alternative shall demonstrate compliance with the intent of the standards to proposed alternative building(s) location(s) and their a-sociated pedestrian and vehicular pathways, and associated parking facilities. ii. Building and architectural standards, as specified below. These deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance: a) 4.02.16.A. Table 11. Building Design; pertaining to the building façades facing the intersecting east west streets Auk c) 5.05.08 Architectural and Site Design Standards. iii. 4.02.16 F. Landscape and Buffer Requirements and 4.06.00 The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the percent of the open space requirement for Mixed Use Projects in deems necessary. iv. 4.02.16. E. Design Standards For Awnings, Loading Docks, and a) deviation requests for individual structures with curbside provisions of subsection 5.03.04 G. Curbside Pickup. b) requests fer locational deviations from the subsection /1.02.16. E. shall be subject to the process and procedures of 5.05.08 F. Deviations and Alternate Compliance and comply with the provisions of subsection 5.03.04 A. omit Page 10 of 124 Words struck through are deleted,words underlined are added Packet Page -576- 9/25/2012 Item 9.B. DRAFT—9/17/12 v. Notwithstanding the process and procedures set forth above for paragraphs i. through iv., any appeals from these administrative . - ` - - - -- - . -- - -- .'- -- - - subject to the process and procedures of 4.05.04. F.2. - _ - •' - - - a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses (see 2.03.07 1.6. Tables 1 and 2). Developments will be human scale and pedestrian oriented. For mixed use projects only, subject to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow - - - _ -- _--- - e.: . . '- . __ --- -- - - -- _ arc the same as those set forth for the Neighborhood Commercial mixed use projects only, subject to the MUP approval process in Sec.• - - c - - - - - - - •- - zoning district. c. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which arc Permitted uses. The following uses are allowed in the R1 Subdistrict. a) Residential Uses. 1. Single family dwelling units. 2. Two family dwelling units. 3. Duplexes. 4. Townhouses. 5. Multi family Dwelling Units. 6. Mobile homes, when permitted by the underlying g 7. Essential Services as provided for in section 2.01.03 8. Parks, Public or Private, Play Areas and Playgrounds. Page 11 of 124 Words struck through are deleted,words underlined are added Packet Page-577- 9/25/2012 Item 9.B. DRAFT—9/17/12 b) Accessory uses. 1. Private boathouses and docks. 2. Garages. 3. Guesthouses. 4. Swimming pools private. d. Residential Subdistrict 2 (R2). The purpose of this subdistrict is to uses between commercial and single family development. The multi family buildings shall be compatible with the building patterns of Permitted uses. The following uses are allowed in the R2 Subdistrict. a) Residential Uses. 1. Single family dwelling units. 2. Two family dwelling units. 3. Duplexes. 4. Townhouses. 5. Multi family Dwelling Units. 6. Essential Services as provided for in section 2.01.03 7. Parks, Public or Private, Play Areas and Playgrounds. b) Accessory uses. 1. Garages. 2. Guesthouses. 3. Swimming pools private. 4. Private boathouses and docks. c. Residential Subdistrict 3 (R3). The purpose of this subdistrict is to allow townhouses and single family residences. All new development in thk Subdistrict shall be compatible with the building patterns of traditional Permitted uses. The following uses are allowed in the R3 Subdistrict. a) Residential Uses. 1. Single family dwelling units. 2. Two family dwelling units. 3. Duplexes. 4. Townhouses. Page 12 of 124 Words stFuelc-thfeugh are deleted,words underlined are added Packet Page-578- 9/25/2012 Item 9.B. DRAFT-9/17/12 5. Multi family Dwelling Units. 6. Mobile & Motor homcs, when permitted by the underlying—zoning, 7. Essential Services as provided for in section 2.01.03 8. Parks, Public or Private, Play Areas and Playgreunds, b) Accessory uses. 1. Garages. 2. Guesthouses. 3. Swimming pools private. 4. Private boathouses and docks. same as Residential Subdistrict R1 except only single family detached dwelling units are permitted. Subdistrict. a) Residential Uses. 1. Single Family Dwelling Units. 2. Essential Services as provided for in section 2.01.03 3. Play Areas and Playgrounds. b) Accessory uses. 1. Garages. 2. Guesthouses. 3. Swimming pools private. 4. Private boathouse and docks. g. Mixed Use Activity Center Subdistrict. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center tt16 designated in the Future Land Use Element (FLUE) of the Collier County Growth requirements of the underlying zoning district and the mixed use activity standards as stated in section 4.02.16 of this Code. - __ S- - __• - - - --- - -- - • - shall also apply to property developed in conformance with the underlying zoning classification. Page 13 of 124 Words struck through are deleted,words underlined are added Packet Page-579- 9/25/2012 Item 9.B. DRAFT-9/17/12 P=-permitted - - SIC Cede - - BMUD BMUD Neighborhood Waterfront Commercial Subdistrict Subdistrict (W E- permitteal-with-cortain-exeeptiens E assessery-uses} 8721 P P Adult Day Care Facilities&Centers 8322 - - Agricultural Soryiee° 0741,0742,0752 - - 0711,0721,0722 0724,0762, - - 0782,0783 Aircraft and Parts 3721 3728 - - _ 7911,7991 - - - 7999 tourist quidcs only - - Ancillary-Plants - - - Apparel&Other Finished Products 2311 2399 - - Apparel&Accessory Stores 6641-5699 P P Appraisers - - - _ dance,drama,and music 7922 0781,8711 8713 P P Assisted 1 g Fael ities Attorney Offices&Legal Services 8111 P P 7389,5990 - - 5a31_ - - 7521 €} - Automotive Repair,Services,and Parking 7513 7549 - - _ 5511,5531,5541,5571,5599 - - Barber Shops or Colleges 7241 P P 7231 P P Biking Trails - - - Bowling-Centers 7933 - - 1521 1542 - - = 5211 5261 - - 8621 - - Businese.Repair Service Business Services 7311,7313,7322 7338,7381- P P Business Services 7312 7379,7381,7389,7312 - - Sane-Rental - - P Canoeing Trails - - - Care Units - - - Sarwashes 7542 - - Clbtegory II Group Care Facilities _ - - 8361- - - Civic and Cultural Facilities - P P Gellection/Transfer Cites Page 14 of 124 Words struck through are deleted,words underlined are added Packet Page -580- 9/25/2012 Item 9.B. DRAFT—9/17/12 2752 - - Co - Geminunleatiens 4812 1899 - - Construction - - - 1711 1703 - - 60144999 - - . 6843 - - Drug-Stores 5942 P P 2833--2836 - - Eating Establishments and Places 5842 82244299 - - _. _ :_ _ t • . 3642-3699 - - _ . 8711 8713 P P Equestrian-Paths - - - Essential Services4 - P P Excavation - - - 3411 3179,34-10 3499 - - - - - Family Care Facilities. - - - Fishing Piers - - - Fishing/HFishing/Hunting/Trapping 0312 1010 - - Fixture Manufacturing - - - 2031,2038,2053,2064,2066, - - 2068,2036,2008,2000 Feed-Products 2011 2099 - - Food Stores 5411,5421 5199 €° P Fraternal Organizations - - - Funeral Services and Crematories 7261 - - -- - - 251-1-2599 - - - - Ccncral Contractors 1521 5261 - - Cencral Merchandise Stores 634-1-6399 P P Class and Glazing Work 1733 - - Golf-Courses - - - Govemniont Of ices Buildings 0111 0222,9224 3223,9311, - - 0411 3451,9511 0532,0611 9664- Group Care Facilities - - - Cunemith Shop 7-699 - - Hardware Stores 62-64 - - Health Food Stores - - - Health Services P P Health Services 8051 8059,8062 8063,8071, - - 807 8wT2�0092 809 1611 1620 - - Hiking Trails - - - Home Furniture,Furnishings,Equipment Store 5712,5719,5731 5736 P P 6634 - - Hotelsand Motels 7011,7021,7041 - - 7011 €b €' Houseboat Rental 7399 - - 2812 2813 - - Equipment 364-1--3699 Insurance Agencies,Brokers,Carriers 6311 6399,6111 P P Page 15 of 124 Words struck through are deleted,words underlined are added Packet Page-581- 9/25/2012 Item 9.B. DRAFT-9/17/12 6712 6709 - - = 8334 - AO*- 0221,0222,0229 - - LabeF-Reel 3 - - Laber-Unions 8934- - - Lakes-Operations 7099 - - 7623 - - 1 Legal-Services 8441- P Loather Products 3131 3199 - - Libraries 8231 - - 4111 1121,4131 4173 - - 2426,2431 2100 - - Management Services 8711 8748 P Marinas 44-93 P P 3812-3873 - - 3842-3873 - - - -- --- - - - - - - - -- - - - Centers 8071,8072,8092,8093 8641-8699 P P 3911 3999 - - 7622,7620&7631,76002 €4 €` Miseel aneeuc Reta❑Services 5912,5932 5010,5992 5999 P P Mobile Home Bealero 5271 - - 7812 7810 - - Motion Picture Theaters 7832 - - = 1225 - - Motor-Homes - - - - P P Museums and Art Galleries 8412 P P Nature Preserves - - Nature Trails - - = 6111 6163,6011,6081,6082, - - 6019,6021,6001,6099 8061,8062,8249 - - 7629 7631 - - Open-Space - - - Paint,Glass,Wallpaper Stores 5231 - - Paper and Allied Products 2621 2670 - - - Park Service Facilities _ - - Parking-Facilities _ P P Parking Services _ P P Parka Public r Private P -- 8211 - - PartyFishing Boats Rental 7999 - P Performing Arts Theater 7922 P€" - Personal Services 7212,7291 P P Personal Services 7215 7231,7221 7251,7241, - - 7261,7209 Photographic Cooda 3842,38-73 - - 7221 P Physical Fitness Facilities 7991 - - Physical Fitness Facilities _ - - Pinkun Coaches Page 16 of 124 Words struck through are deleted,words underlined are added Packet Page -582- 9/25/2012 Item 9.B. DRAFT-9/17/12 2821,2834 - - Play nreas end Playgrounds - R Pleas-we-Boat-Rental _ - 27-1-1-2796 - 6712 6799,6111,6311 6399, P P 6631,6641,6662,6563,8111 Professional Organizations 8631- - - 0111 0190,0224,0220,0311, P P 0411 0151,0511 0632,9611 96644 4011,4013 - - Real Estate 653-1-6541- P Real Estate Offices 6512 6514,6519,6552,6663 - - 7911 7941,7991 7003,7909 - - Recreational Uses - - - Resreational Vehicles - - 8093 - - P P classified 7699 Research Centers 090 - - Res arch Services 8732 - - Residential Uses - R P 5261 - - - - Safety Service Facilities - - - - - - 8213 8200 - - Security Brokers,Dealers,Exchanges,Services 6211 6280 P 7251 P P 7999 - - P - Social Services 83229 - - _ 3221,3251,3253,3255 3273, - - 3275,3281 Storage - - - Synthetic Materials 2834 - - Testing Services - - - Textile Mill Products 2211 2221,2241 2259, - - Timeshare Facilities - - - Title Abstract Offices 6544 - - Tow in Parking Lots 7511,7515,7521 - - Townhouses - P P 4512 1581 - - Transpertation Equipment 3714,3716,3731,3732,3751, - - Transportation Services 4721 4783,4789 - - Travel Agencies 4724 - - Travel Trailers 5564 - - P P United States Postal Service 4311 €& €e Veterinarian's Office 742 €" Veterinarian's Office 752 P P Videotape Rental 7844 €44 €" 8334 - - Welding-Repair 7692 - - Whole. adete Trade 5445 - - Wholesale Trade Durable Coeds - - 6021,5031,5013 5049,5063 Page 17 of 124 Words struck through are deleted,words underlined are added Packet Page -583- 9/25/2012 Item 9.B. DRAFT—9/17/12 8078,6001,5092,5094 5099 8111 6169,6181,5182,5191 - - Wildlife Gen. 9512 - - Y Wildlife-Management Wildlife Sonctuanee WatehesIGlecks 3842—a87-3 - NOTES FOR TABLE 1 4 2 Except concession stands, contract feeding,dinner theaters, drive in restaurants,food services For requirements pertaining to Essential Services,see section 2.01.03 of this Codc. 4 Except convenience stores and supermarkets. 5 Except hostels. 6 rod and reel repair. Performance seating limited to 500 seats. 8 Excludes major distribution center. 40 Excl udes outdoor kennelin "Limited to 1,800 square feet of gross floor area. Uses. C -conditional usc SIC Cede BMUD-NC BMUD-W A-accessory usc Adult day care 8322 - Agricultural - - - Agricultural" 0741,0742,0752 0783 - - Amucement&recreation services 7911 - - 7911 7911,7991 7993,7997, - - Amusement&recreation services 7948,7992,7006,7000 -Ansillacy-plants - - nt Anima-control - - - ms 8122 - - Archery ranges 7909 - - - Auctioncering services,auction rooms and houses 7389,5094 - - = 6621,5551,5561,5699 - - 7513,7514 - - Beach chair,bicycle,boat or moped rentals - - - Bed&breakfast facilities 7011 G C Boat Rental - - A Boathouses - A4.2 A Boat ramps - - A Boat yards - A'4 A Botanical-ga 8122 - - Bottle clubs 9843 - - - - Gam-ping-cabins . Page 18 of 124 Words stpuelf-flifeugh are deleted,words underlined are added Packet Page-584- 9/25/2012 Item 9.B. DRAFT—9/17/12 Care Units - - - Caretaker's residence - - - Cemeteries - - - 2812 2890 - - Child-day-care 8364 C 8664 - - - - Clam-nurseries - - - Cluster ., deelepmont - Cocktail-lounges 6843 - - Collo...:,.n/tranefor cites - - - Gammersial uses - - - Communications 4812 4811 - - Community theater.. 7922 - - Continuing care/retirement centers - - - Convenienco stores 6111 - - • C^^A Degesitery i 6011 Cn stitutions 99 - - detention facilities - - - A A Drinking establishments 6843 - - r �Tg�' D - - - Driving-ranges Earth-mining - - - Latin establishments 684 - - Education-services 8211 8222 - - "' 8211 8231 Electric atin plants - - - Elestric,gas,&sanitary services 4911 4971 - - Excavation - - - Fabricated metal products 3482 3489 - - Farm labor housing - - - Farm prod,et. materials 5153 5159 - - Ficld crops - - - Fich•ngih,nt•ng/trapping 0912 1910 - - Food-products 2011,2048 - - Feed-service - - - Food stores(over 5,000 s.f.} 5111 5100 - - Fuel dealers 5983--5989 - - Fuel facilities - - C" Funeral services&crematories 7261 - - Garage - A - Ga atin plants - - - Cift shops 5947 - - Golf-club house - - - Colf course - - - Gelf driving r - - - Croup care units - - - Cuesthouscs - - - Health services 89-44 - - Homeless shelters 8322 - - Hospitals 8062-0669 - - Hotels and motels 7011,7021,7041 - - - - - Incinerators - - - Page 19 of 124 Words struck through are deleted,words underlined are added Packet Page-585- 9/25/2012 Item 9.B. DRAFT-9/17/12 Jails - - - ustine public order Q safety 0211 9224 - 0712,0752 - - Kiosks - - - Leather tannin..D finishin a1-44 - - Livestock - - - 1111 4121 - - 1131 4173 - - i111 2421,2120 - - Marina 1193,1199 - - Mental health feel-1 es Merchandise utdeer salon - - - 7-899 - - Mixed r sidential and c al Motion n cture theaters 7832 - - Motion n cture theaters 7863 - - 4212,4213 4225,4226 - - 4226,1226 - - Nursery retail 5261 - - 8862 NUfsillThhomes - - - Oil and n extraction 1321, 1382 - - Outdoor display - - - oackinghouse *-wRm9rrvcac - - - 2611 - - oeraanal 7291 - - Petrole...n refining and related 2911 2999 - - Pistel-er-rifle-range - - - Poultry r n(small) Primary metal industries 3312 3390 - - Private-boathouse-and-docks - - A Private clubs Private-landing-strips Pro shops(large) - - - Pro shops(small) - - - Recreational Refuse systems 4963 - - Rehabilitative centers 8093 - - Re ste Residential-uses - - - Resource recovery plant - - - Restaurant(small)or snack shop 68.4-2 - - Resta„rant(large) 6842 - - Retail shops or sales - - - 3061--3089 - - Sanitary-tandfills - - - Sawrnilis - - - Schools,private - - - 8243 8299 - - - - - 2011 - - Social association or clubs 8644 - - Page 20 of 124 Words stFuelt-thfeugh are deleted,words underlined are added Packet Page -586- 9/25/2012 Item 9.B. �+��' o'�^�n] DRAFT—9/17/12 Serial :;� 8322 8300 - - Soup-kitehens - - C1.......1 entert..�.. ..t F.,...1 it.. - - - : .:•_ - : ::_. 3211,3221,3229,3231,3241, - - A A Sterage,enclesed - - - Tenn{s-fanitities - - Textile . .11......1u cts - , , -.r - - - .. 4212 - - V^.^:^ .:^ ^K:^^ 0741 0742 - hollecWe-tra.le .,.able. ..d.. - - \ ,/ Wholesale trad^ ^^`l able goods 6162,5169,5171,5172,5191 - - Yacht club 7997 - - Zee - - - NOTES-TABLE-2 For watercraft only. (Not as an auto gas station or fueling center). I. Bayshore Mixed Use Overlay District (BMUD). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian-oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity, including a mix of residential, civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings, both commercial and residential, are located near the street, and may have front porches and/or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Bayshore Overlay District requirements. Page 21 of 124 Words struck through are deleted,words underlined are added Packet Page -587- 9/25/2012 Item 9.B. DRAFT-9/17/12 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the BMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County GMP. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the LDC. b. Property owners within the BMUD may establish uses, densities and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply. 4. Bayshore Mixed Use District (BMUD) Subdistricts a. The BMUD consists of the following subdistricts: Neighborhood Commercial Subdistrict (BMUD - NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in a single building. This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including galleries, artists' studios, and live-work units. Developments will be human-scale and pedestrian-oriented. ii. Waterfront Subdistrict (BMUD -W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is indented to allow a mix of residential and commercial uses including limited marina and boatyard uses. iii. Residential Subdistrict 1 (BMUD - R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street. iv. Residential Subdistrict 2 (BMUD - R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage Page 22 of 124 Words struck through are deleted,words underlined are added Packet Page -588- 9/25/2012 Item 9.B. DRAFT-9/17/12 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. v. Residential Subdistrict 3 (BMUD - R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single-family dwellings. All new development in this subdistrict shall be compatible with the building patterns of traditional neighborhood design. vi. Residential Subdistrict 4 (BMUD - R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached single-family dwelling units, while allowing for building additions such as front porches. b. Use Categories and Table of Uses. All uses permitted in the BMUD subdistricts have been divided into 9 general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. q) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. Page 23 of 124 Words struck through are deleted,words underlined are added Packet Page -589- 9/25/2012 Item 9.B. DRAFT—9/17/12 h) Infrastructure: Uses and structures dedicated to iosv transportation, communication, information, and utilities, including Essential Services. ii. Interpretation of the Table of Uses a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD- NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all Atow projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts BMUD SUBDISTRICTS USE TYPE RESIDENTIAL MIXED ADDITIONAL USE STANDARDS R1 I R2 I R3 I R4 NC W a) RESIDENTIAL 1) Dwelling,Single-Family P P P P P 2) Dwelling, Duplex P P P 3) Dwelling,Two-Family P P P P P 4) Dwelling,Rowhouse P P P P P 5) Dwelling,Multi-Family(3 or more) P P P P P *If allowed by 6) Dwelling,Mobile Home P` underlying zoning 7) Home Occupations A A A A A A 5.02.03 8) Live-Work Units CU P P 4.02.16 C.6. 9) Artist Village CU CU CU P P 4.02.16 C.3. b) LODGING 1) Bed&Breakfast Facilities CU CU CU 4.02.16 C.4. 2) Hotels and Motels P P c) OFFICE/SERVICE Altikk Page 24 of 124 Words struck through are deleted,words underlined are added Packet Page -590- 9/25/2012 Item 9.B. DRAFT—9/17/12 1) Banks,Credit Unions, Financial Services P 2) Business Support Services P P 3) Child Care Services CU CU CU CU CU 4) Community Service Organization P P ) Drive Thru Service(banks) ) Government Services P P 7) Family Care Facility/Nursing Home P P 8) Medical Services—Doctor Office P P ) Medical Services—Outpatient/Urgent Care P j) Personal Care Services P P 11) Post Office P P 12) Professional Office or Service P P 13) Rental Services—EquipmentNehicles P P A) Studio—Art,Dance,Martial Arts,Music P P 151 Studio—Motion Picture CU 16) Vehicle Services—Maintenance/Repair 17) Veterinarians Office P P 18 Video Rental P P d) RETAIURESTAURANTS 1) Auto Parts Sales 2) Bars/Tavern/Night Club P P 3) Drive Thru Retail/Restaurant 4) _ Gas Station with Convenience Store P P 5.05.05 5) Neighborhood Retail—<2.000 sf P P 6) General Retail—<15,000 sf P P 1) General Retail— >15,000 sf CU CU 8) Restaurant P P 9) Shopping Center CU CU 10) Vehicle/Boat/Heavy Equipment Sales CU 4.02.16 C.7. e) ENTERTAINMENT/RECREATION 1) Gallery/Museum P P 2) Meeting Facility P P 3) Cultural or Community Facility P P 4) Theater,Live Performance P P 5)__ Theater,Movie CU CU 6) Recreation Facility, Indoor P P 7) Recreation Facility,Outdoor CU CU 8) Amusements,Indoor P P 9) Amusements,Outdoor CU CU 10) Community Garden P P P P P P 4.02.16 C.S. f) MANUFACTURING/WHOLESALE/ STORAGE 1) Laboratory—Medical,analytical,research P 2) Laundries and Dry Cleaning P 3) Media Production P 4) Metal Products Fabrication P 5) Mini-Warehouses 6.) Repair Shops P P 7) Research and Development P P 8) Storage—Outdoor A 4.02.16 C.9. 9) Storage—Warehouse a) CIVIC INSTITUTIONAL 1) College/University P P 2) Educational Plant P P P P P P 3) Hospital 4) Membership Organizations P P ) Public Safety Facility CU CU 6) Religious Institution CU CU CU CU CU CU Page 25 of 124 Words struck through are deleted,words underlined are added Packet Page-591- 9/25/2012 Item 9.B. DRAFT-9/17/12 D Schools—Elementary and Secondary 8) Schools—Vocational and Technical 41001k..,. h) INFRASTRUCTURE 1) Automobile Parking Facilities CU 2) Boat Launch A Essential Services P P PP P P 4) Marinas and Boatyards P P 4.02.16 C.7. 5) Transit Station Wireless Telecommunication Facility Note: The Table of Uses identifies uses as permitted uses(P);accessory uses(A);conditional uses(CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however,such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses,densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. * * * * * * * * * * * * * N. Gateway Triangle Mixed Use Overlay District Special conditions for the properties in and adjacent to the Gateway Triangle as• - - -• 4 4 . 4, - - •- - -- 11 ', .O -- - 1. Purpose and Intent Gateway Triangle portion of the Baychore / Gateway Triangle Redevelopment Area with Traditional Neighborhood Design (TND) projects. TNDs are typically human scale, pedestrian oriented, interconnected projects with a mix of residential that complement ach other. Residential uses arc often located above 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. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay designation "GTMUD" on the applicable official Collier County Zoning Page 26 of 124 Words stfuelc-threugh are deleted,words underlined are added Packet Page -592- 9/25/2012 Item 9.B. DRAFT—9/17/12 Atlas Maps. Except as otherwise provided by this section of the LDC, all uses, dimensional and development requirements shall be as required in _ - . - _ _ e __ •-- _ - _ _ . - _ -- ■' -e. ----- P applications submitted, and found sufficient, after March 3, 2006 arc included in the Gateway Triangle Overlay District and must comply with the requirements stated herein. c. Amendments or boundary changes to PUDs that existed prior to March 3, 2006 are not subject to the Gateway Triangle Overlay District requirements. d i i i i i r r 011leaJlm aTYU()auto Ietruw:r■ao> i tul teal cny Id lul..� _ K II 1 f ! , "411 ? (arcs) 'u t.._k_.. iraF y i- `' \t s it i ,---- Gateway - Tneng M ed Use D stict s V� GTMUD-MXD Mixed Use Subda net rvit \ \ : rm \GTMUD-R Residential Subdistrct i lul \� \\t , (XXX) Under Lyng Zoning t \ \ \ \ ., v i i ',I Mini Tnarrgle \ \ 4,� \y / APZ Accessory Parking Zone .... - \> ‘'„,• , 4," Future Land Use ■ f i . A r„1 Activity Center 16 -��o'� \\� ��, ---- CRA Boundary •�' 1 ..\ $ \'• 'vv., \� .. Overlay Boundary .-*' 1 s\ ■ it d. Property owners may follow existing Collier County Land Development develop/redevelop under the mixed use provisions of the GTMUD Mixed approval from the BCC. However, in either instance, GTMUD site development standards are applicable, as provided for in section 2.03.07 N.5.d. of this Code. However, in either instance, GTMUD site provided for in subsection 2.03.07 N.6.d. of this Code. C 1 through C 5 zoning districts shall be in accordance with section 9.03.00 of the LDC. Page 27 of 124 Words struck through are deleted,words underlined are added Packet Page-593- 9/25/2012 Item 9.B. DRAFT—9/17/12 Allow 3. Mixed Use Project Approval Process. a. Owners of property in the Mixed Use Subdistrict (GTMUD MXD) may petition the Board of County Commissioners for mixed use project owner shall not seek or request, and the County shall not thereafter grant C 3 zoning districts. The application shall be accompanied by a conceptual site plan demonstrating compliance with the criteria-in-scetien 1-0.03.05.G. b. There shall be a public hearing before the Planning Commission, legally as provided for in subsection 10.03.05 G. 3. The Planning Commission based upon the criteria provided in subsection 10.03.05 G.B. There shall pursuant to section 10.03.05 G. If approved by the BCC, such approval shall be by resolution. c. Once a Mixed Use Project has been approved by the BCC, the applicant shall submit a site development plan (SDP), based on the conceptual site plan approved by the BCC and meeting the requirements of section 10.02.03 B.1. of this Code, to the Community Development and Environmental Services Division within six months of the date of approval. the Division within 30 days of submittal. After the SDP has been approved, the approved project shall be identified on the Collier County — B . __. _- _ •• _ ••- _ -- , e be responsive to the County's d. MUP approval shall expire and any residential density bonus units shall following occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submittal. iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. iv. The SDP is considered no longer valid, pursuant to section 10.02.03.B.4.b. and c. Page 28 of 124 Words struck through are deleted,words underlined are added Packet Page-594- 9/25/2012 Item 9.B. DRAFT—9/17/12 c. Once a property owncr, through a MUP approval, elects to develop or redevelop a mixed use project under the Mixed Use Subdistrict (GTMUD MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. '1. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units arc Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this GTMUD overlay and the Bayshore Mixed Use Overlay District following criteria. The density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within the Mixed Use Subdistrict, and shall be a mixed use project mix of commercial and residential uses. b. Base density shall be as per the underlying zoning district. The maximum density of the underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. the FLUE, are in addition to the eligible density bonus provided herein. d. For proposed projects within the CHHA, only the Affordable Housing Density Bonus, as provided in the Density Rating System of the FLUE, is allowed in addition to the eligible bonus density units provided herein. c. Properties must be lying south of Davis Blvd. and west of Airport Pulling Road. f. The project shall comply with the standards for mixed use development set forth in the Gateway Triangle Mixed Use Overlay District. g. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 5. Administrative Deviations. Page 29 of 124 Words struck through are deleted,words underlined are added Packet Page -595- 9/25/2012 Item 9.B. DRAFT—9/17/12 a. Authority. The County Manager or designee is hereby authorized to utilize this MUP Administrative Deviation process to grant administrative deviations for proposed developments which have obtained a MUP b. Applicability List of Development Standards Eligible for deviation requests shall be eligible to seek an administrative -- -• - • -- - • 4.02.35.A. Table 1.Front Yard(including build to line). 1) These deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance, except that in order to be eligible for an administrative deviation the site shall meet at least one of the following conditions or circumstances: a) If constructed where otherwise required, the building(s) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an a-.,ociated public utility asement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) Parcel configurations of unique or challenging boundary geometry such as when a parcel's as defined by a ratio of acreage to frontage in excess of 0.0045 and which is proposing to provide frontage and/or alternative frontage along internal minimum of 110 percent of the parcel frontage. 2) In order for the conditions or circumstances under b), immediately above, to be approved for a deviation, the • • e • - •- - - e be--met: a) the proposed alternative shall be integrated into the existing and future vehicular and pedestrian circulation pattern of the neighborhood and, b) the proposed alternative shall demonstrate compliance with the intent of the standards to create a connective and walkable environment by demonstrating a comparable relationship between proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and associated parking facilities. AMOr Page 30 of 124 Words stFuelc-thr-eugh are deleted,words underlined are added Packet Page-596- 9/25/2012 Item 9.B. DRAFT-9/17/12 ii. Building and architectural standards, as specified below. These a) 4.02.35.G. Architecture Design Theme;and b) 5.05.08 Architectural and Site Design Standards. iii. 4.02.35. E. Landscape and Buffer Requirements and 4.06.00 The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of 5.05.08.F. Deviations and Alternative percent of the open space requirement for Mixed Use Projects in deems necessary. iv. 4.02.35. D. Design Standards For Awnings, Loading Docks, and - . .. - - -. a) Deviation requests for individual structures with curbside pickup, that shall be subject to the process and procedures provisions of subsection 5.03.04 G. Curbside Pickup. b) Requests for locational deviations from the subsection /1.02.35. D shall be subject to the process and procedures of 5.05.08.F. Deviations and Alternate Compliance and comply with the provisions of subsection 5.03.04 A. paragraphs i. through iv., any appeals from these administrative decisions of the County Manager or designee shall be made solely under the provisions of section 250 58 of the Collier County Code of Laws and Ordinances. Al• •-• •- - - - •:- - -- - -- •_ _• -..- _ subject to the process and procedures of 4.05.04. F.2. 6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts -- - - -- -- •- - L i- . L i . -- -- -- - - - . - - • those parcels with frontage on US 41, the south side of Davis Boulevard, formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East. Developments will be pedestrian oriented Page 31 of 124 Words struck through are deleted,words underlined are added Packet Page-597- 9/25/2012 Item 9.B. DRAFT-9/17/12 permitted uses are in accordance with the underlying zoning district. b. Residential Subdistrict (GTMUD R). The purpose of this Subdistrict is to encourage the development in the Shadowlawn neighborhood a mixture of residential housing types. a) Residential Uses: 1. Single family dwelling units; 2. Two family dwelling units; 3. Townhouses; and 1. Multi family dwelling units. b) Essential services as provided for in section 2.01.03 c) Parks, public or private, play areas and playgrounds. d) Museums and art galleries. f) Schools, public. ii. Accessory uses. a) Garages residential. b) Guesthouses. c) Swimming pools private. d) Play areas and playgrounds. iii. Conditional Uses: a) Bed & breakfast facilities. b) Schools, private. c) Churches. c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Triangle Mixed Use District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Development in the activity center is governed by the underlying zoning district requirements and the mixed use activity standards as stated in Chapter 4.02.35 of this Code. d. All Subdistricts. Development within all Subdistricts of the GTMUD shall be subject to the site development standards as stated in sections X1.02.35 and 1.02.36, as applicable. The subdistrict site development standards shall also apply to property developed in conformance with the underlying zoning classification. Page 32 of 124 Words struck through are deleted,words underlined are added Packet Page-598- 9/25/2012 Item 9.B. DRAFT—9/17/12 • • P-permitted(GTMUD) SIC-code GATEWAY Mixed-Use TRIANGLE Subdistrict ASS (MX0) OVER AY DISTRICT ads; 8721 - - - - 0741,0742,0752 0783 - - 0711,0721,0722 0721 - - Aircraft and Parts 3721 3728 - - 7811,7001 - - Amusement&Rccrction Services 7980 tourist guides only - - Ancillary Plants - - - Apparol&Other Finished Products 2311 2399 - - - P Appraisers - - P 0781,8711 8713 - P Assisted-Living-Facilities - - - e 8111 - P 7-2,89,5598 - P 5534 - P Autemobilc Parking 7521 - Automotive Repair,Services,and Parking 7513 7519 -Autemetivecerviaes - - - e 5511,5531,5591,5571,5500 - - 7241 - - 7231 - - Siking grails - - - Bowling-Centers 7933 - - 1521 1542 - - Building-Materials errials 5211 5261 - - __ 5231 5261 - - Business Associations 862-1- - - Business Repair Service - - P Business Seryi es 7311 7313,7322 7338,7361 - P Q ^incs' Sorvicos 7310,7352,7359,7307,7342, - - Q s/Offico Machines - - - Canoe Rental- - - - Canoeing Trails - - - Care Units - - P Carwashes 7542 - - tegory II Croup Care Facilities - - - Child Care Not for Profit - - - Child Day Care Services 8354 - - Civic and Cultural Facilities - - - Colloct•o.,/Trancfer Site - - - 2752 - - Gemmunisatiens 1812 4890 - - Construction - - - Constr,cti, Heavy - - - Page 33 of 124 Words dough are deleted,words underlined are added Packet Page-599- 9/25/2012 Item 9.B. DRAFT 9/17/12 Construction Special Trade Contractors 1711 1709 - - 6011 6099,6111 6163 6843 - Drug Stores 5912 - - 2833 2836 - - Duplcxes - - - Dwelling-units - - P _• _ - 6842 - P - P 8221 8241,8221 8209 - - .. 3612-3699 - .'.-- 8711 8718 - Equestrian Paths cgve�mvm-te�no - - - Essential Services} - - Excavation - - - 3411 3179,3149--3499 - - Fairgrouncis - - - Family Care Fae4 iticr Fishing Piers - - - FichinggHuntingTrappinn 0912 1910 - - 2031,2038,2053,2061,2066, - - €eed-Products 2011 2099 - - Food Stores 5111 5199 - P Fraternal O rgon i:nti one -. 7261 - 2511 2500 - - - P General Contractors 1521 5261 - - 5311 5390 P "„s• Class and Glazing Work 1793 - - Colf Courses - - - P Gunsmith Shop 7699 - - Hardware Stores 5251 - P Health Services - P Health Services 8051 8059,8062 8069,8071, - - Heavy Construction 1611 1624 - - I-liking Trails - - Home Furniture,Furnishings,Equipment Store 6712 5736 - P 5534 - P 7011,7021,7041 - P Haucob et Rental 7399 - - _. . - 2812 2819 - - 3511 3599 Insurance Agencies,Brokers,Carriers 6311 6399,6111 - P investmentiuolding Offices 6712 6799 - - 8334- - - Justice,Public Order&Safety 0221,9222,9229 - - Labor Unions 86.34 - - LaberPeel3 - - Lakes-Operations 7999 - - 7623 - P Loather strn t„stn s 3131 3199 - - Libraries 8231 - - Local and Suburban Transit 4111 4121 - - Page 34 of 124 Words struck through are deleted,words underlined are added Packet Page -600- 9/25/2012 Item 9.B. DRAFT—9/17/12 4131 4173 - - 2126,2131 2109 - - 8711 8718 - P Marinas 4193,4490 - P 3842-3873 - - 3812 3873 - - = - = 8071,8072,8092,8003 - Membe.ship Organizations 8641-8999 - P'1 3911 3090 - - Migeellaneees Plastic Rr-educte - - Miseeuanee Repair service 7620 7631 - P 5912 5963 - Missell neees Retail Senages 5902 5999 - - Mehile Home Dealers 5274 - - Mebies - - - - 7812 7810 - - Motion Picture Theaters 7832 - - __ 4225 - Meter-Homes - - - Multi Family Dwellings - - P, Museums and Art Galleries 8412 - P Nature Preserves - - - Nature Trails - - - 6111 6163 - P Non Depository Institutions 6011,6013,6021 6062,6082, - - 805174052r 2457 8249G�7n - Office Machine Repair Servico 7629 7631 - P Oil&Gas Exploration - - - Open-Space - - - Paint,Class,Wallpaper Stores 5231 - P Paper and Allied Products 2621 2670 - - Park Model Travel Trailers - - - Park Service Facilities - - - Parking F i{ties - - R Parking Services - - P Parks,Public or Private - - - 82-1- - - Party-Fishing-Beats-Rental 7999 - - Personal Services 7291,7212,7215,7221 7251 - P Personal Services 72902 - €� 3812 3873 - - 7221 - P Physical Fitness Facilities 7001 - P Physical Fitness,Facilities - - - Pickup Coaches - - - Plant and Wildlife Conservancies - - - Plastic Materials&Synthetics 2821,2834 - - Rla Hasse and Playgrounds - - ., Pleasure Boat Rental - - - Printing and Publishing Industries 2711,2712 - - Printing and Publishing Industries 274-1-2796 - - 6712 6799,6111,6311 6399, - - Professional Organizations 6 - - 0111 9109,9229,9311,9111 - - Public Service Facilities Essential - - - Railroad Transportation 4011,4013 - - Re\al Estate 6531--6544 - Real Estate 6512 6514,6519,6531 6510 - - Page 35 of 124 Words struck through are deleted,words underlined are added Packet Page -601- 9/25/2012 Item 9.B. DRAFT-9/17/12 Recreational Scrvicc Facilities - -Recreational Services Indoor 7911 7011,7001 7003,7999 - - ,'ate Recreational Uses - - - Rehabilitative—Centers 8093 - - 76.993 - - Rescarch Centers 8093 - - Rescarch Services 8732 - - Retail Nurseries I e nd Garden 6261 - - Rubber and seise Plastic Producte - - Safety Service Facilitiee - - Schools public - - - Schools Vocational. 8243 8209 - - 6211 6289 - R _•: 7251 - Sheetiog-raoger'Meer 7999 - - Social Services 8322-8399 - - Storage - - Synthetic Materials 2834 - - Testing Cervices - - - Textile Mill Products 2211 2221,2241 2259,2273 - - Timeshare Facilities - - - Title Abstract Offices 5544 - - Tow in Parking Lots 7514,7515,7521 - - Townhouses - - P 1512 1581 - - Transpertatio..Equipment 3714,3716,3731,3732,3751, - - Travel Agencies 4721 - - Travel r..ilers 5564 - - AtlItc United States Postal Service 4311 - 6` Veterinarian's Offices 742 - €s Veterinarian's Office 762 - P Videotape ttal° 7844 - l=s 8331- - 7692 - - Wholesale Traa a 5448 - - e 5021,5031,5043 5019,5063 - - _ _• - -==- 5111 5159,5181,5182,5191 - - Wildlife Cenc 9542 - - Wildrfe Men n■ 974 - - Watches/Clock:, 3842-3873 - - } •• - • • 2 Croup 7299 uses limited to babysitting bureaus, clothing and costume rental, dating service, depilatory 3 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only and rod and reel repair. 4 Excludes major distribution center. _Excludes outdeer-kennolinn 6 Limited to 1,800 square feet of gross floor area. Page 36 of 124 Words struck through are deleted,words underlined are added Packet Page -602- 9/25/2012 Item 9.B. DRAFT—9/17/12 • • Conditional-Uses: C-conditional uco SIC-Cede GCB A=assessery-dse Adult day care 832 - Agrisultural - Agricultural" 0741,0742,0752 0783 7011 - 7811 7011,7001 7003,7007,7900 - 7948,7992,7006,7900 - Ancillary plants - C Animal-central - - Aquariums 8122 - Archery ranges 7999 - - - Assisted-PAN-facilities 5521,6651,5561,5599 - Automotive reetailloasin 7513,7519 - Beach chair,bicycle,boat or moped rentals - - Bed&breakfast facilities 7011 - Boathouses - - Boat-ramps - - Boat yards - C Botanical ea 8422 C Bettie-slues 5848 - Gampieg-cabins - - Care Units - - Caretaker's. siden.e - A Cemeteries Chemical products 2812 2890 - Child day sore 8364- C Churches 8664 - - Clam nurseries - - Cluster development - - Cocktail lounges 5843 - C - - ll ti u. sf .silos Commercial uses - - emunications 4812 4811 - Cm - - Community centers - - 7922 - - - Continuing care/retirement centers - - Convenience stores 54-14 - Dancing establishments&staged - tcrtaisimeet 6011--6099 - Detention facilities - - geea<s Drinking eestati❑shments 5843 - Driving ranges - - Earth mining - - Eating establishments 5943 - Page 37 of 124 Words struck through are deleted,words underlined are added Packet Page-603- 9/25/2012 Item 9.B. DRAFT—9/17/12 Education servicca 8211 8222 G ... -:: 8211 X041 G .,. 4911 4971 - €xsavatien - - 3182 3480 - Farm labor housing - - b153 5160 - €ieid-craps - - 0912 1910 - Feed-products 2011,2048 - Feed n - Food stores(over 5,000 s.f.) 5111 5100 - :. . G stubs - Fuel dcalcra 6983-5989 - Fuel facilitie& - - Funcral services&crematories. 7261 G Cift shops 5947 - Golf-stub-house - - Golf course - - Golf driving-range - - Group care units - - cucsthousca - - Health services 80-14 - Homele^c shelters 8322 - Hespitals 8082-8969 - Hotels and motels 7011,7021,7041 - Hunting cabins - - insineraters - - Jails - - Justice,public order&safety 0211 9224 - Kennels&kenneling 0712,0752 - Kiosks - - Leather tanning 4.finishing 84-14 - Livestesk - - t.ocal and suburban transit 4111 4121 - 1131 1173 - 2411 2121,2120 - Maintenance arcs - G Major m ntenan a facilities - - Marina 4193,1199 - Montal health facilities - - Merchandise tdo sr salese al - - 7990 - Motion picture theater.. 7832 - warehousing Nursery retail 5261 - 8062 G Nursing homes - - Oil and gas extraction 1421,1 382 - e' t - -- - ------ --- - ---- : - - Outdoor display - G Paskinghouse - - 2611 - Page 38 of 124 Words struck through are deleted,words underlined are added Packet Page-604- 9/25/2012 Item 9.B. DRAFT-9/17/12 Personal services 7291 G Petroleum refining and related 2011 2009 - Pistol or Poultry. g(email\ 3312--3390 - Private clubs - - Pfe-shops-( e) - - Pro shops(small) - - Recreational facilities Recreational Refuse systems 4953 - Rehabilitative enters 8Q93 - Residential uses - - Reco plant Restaurant(small)or snack shop 6842 - Restaurant(large\ 684-2 - Retail chops a ales 3064-3089 - Sanitary landfills - - Sawraills - - Schools, private - - Scheeler vocational 8242-8299 - Serviae facilities vcrcrvv-ravnvv - - Slaughterin plants 2011 - Sacial-asseciation-OFelabs 8644 G Social services 8322-8399 - Staged entertainment facility Stone,clay,glass and concrete products 3211, 3221,3229,3231,3241,3274,3201 3299 - - - Storage,enclosed - - Tennis facilities - - Te"tile mill pre,t„ats 2231,2261 2269,2295,2296 - Transfer stations 4212 - Veterinarian s office 0711 0712 - Wholesale trade durable goods - Wholesale trade nondurable goods 5162,5169,5171,5172,5191 - Zee - - N. Gateway Triangle Mixed Use Overlay District (GTMUD). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human-scale, pedestrian-oriented, interconnected projects that are Page 39 of 124 Words stitruek-threugh are deleted,words underlined are added Packet Page -605- 9/25/2012 Item 9.B. DRAFT-9/17/12 urban in nature and include a mix of residential types and commercial uses. imomik Development in this District should encourage pedestrian activity through the construction of mixed-use buildings, an interconnected street system, and connections to adiacent neighborhoods. When possible, 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; promote traditional urban design; encourage on street parking and shared parking facilities; provide appropriate landscaping and buffering; and protect and enhance the Shadowlawn residential neighborhood. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Gateway Triangle Mixed Use District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the Collier County Land Development Code (LDC). b. Property owners may establish uses, densities and intensities in accordance with the existing LDC requlations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.16 shall apply. 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The Gateway Triangle Mixed Use District consists of the following subdistricts: Page 40 of 124 Words struck through are deleted,words underlined are added Packet Page -606- 9/25/2012 Item 9.B. DRAFT—9/17/12 Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian-oriented commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi-story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. ii. Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non- residential uses in a walkable context. b. Use Categories and Table of Uses. All uses permitted in the GTMUD subdistricts have been divided into nine general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. ci) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. Page 41 of 124 Words struck through are deleted,words underlined are added Packet Page-607- 9/25/2012 Item 9.B. DRAFT 9/17/12 h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. ii. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD subdistrict, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses Table 2. Table of Uses for the Gateway Triangle Mixed Use District Subdistricts GTMUD. ADDITIONAL USETYPE SUBDISTRICTS R � MXD `STANDARDS a) RESIDENTIAL 1) Dwelling, Single-Family P P 2) Dwelling, Duplex P P 3) Dwelling,Two-Family P P 4) Dwelling, Rowhouse P P 5) Dwelling. Multi-Family(3 or more) P P 6) Dwelling, Mobile Home P' 'If permitted by underlying zoning 7) Guesthouse A A 5.05.04 and 4.02.16 C.2. 8) Home Occupations A A 5.02.03 9) Live-Work Units CU P 4.02.16 C.6. 10) Artist Village CU P 4.02.16 C.3. Page 42 of 124 Words struck through are deleted,words underlined are added Packet Page -608- 9/25/2012 Item 9.B. DRAFT-9/17/12 b) LODGING Bed & Breakfast Facilities CU CU 4.02.16 C.4. 2) Hotels and Motels c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services — 2) Business Support Services P 3) Child Care Services CU CU 4) Community Service Organization 5) Government Services 6) Family Care Facility/Nursing Home CU 2) Medical Services—Doctor Office 8) Medical Services—Outpatient/Urgent Care — 9) Personal Care Services P 10 Post Office P 'n Professional Office or Service P 12) Rental Services—Equipment/Vehicles P 13) Studio—Art, Dance, Martial Arts, Music — Studio—Motion Picture CU 15) Vehicle Services— CU Maintenance/Repair 16 Veterinarians Office 17) Video Rental d) RETAIL/RESTAURANTS 1) Auto Parts Sales 2) Bars/Tavern/Night Club 2) Drive Thru Retail/Restaurant P 4) Gas Station with Convenience Store P 5.05.05 5) Neighborhood Retail -<2,000 sf 6) General Retail—<15,000 sf P 7) General Retail -> 15,000 sf P 8) Restaurant P 9) Shopping Center CU 10) Vehicle/Boat/Heavy Equipment Sales P e) ENTERTAINMENT/RECREATION 1) Gallery/Museum P 2) Meeting Facility CU P 3) Cultural or Community Facility CU P 4) Theater, Live Performance P 5) Theater, Movie CU 6) Recreation Facility, Indoor 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P 9) Amusements, Outdoor CU CU Page 43 of 124 Words struck through are deleted,words underlined are added Packet Page-609- 9/25/2012 Item 9.B. DRAFT'—9/17/12 10) Community Garden P P 4.02.16 C.5. f) MANUFACTURING/WHOLESALE/STORAGE 1) Boat Yards CU 2) Laboratory—Medical, analytical, research — 3) Laundries and Dry-cleaning P 4) Media Production P 5) Metal Products Fabrication CU 6) Mini-Warehouses 7) Repair Shops P a) Research and Development P 9) Storage—Outdoor CU 4.02.16 C.9. 10) Storage-Warehouse P 11) Lawn and Garden Services in conjunction with a Nursery CU q) CIVIC/INSTUTIONAL 1) College/University CU 2) Educational Plant P P 2) Hospital CU 4) Membership Organizations P 5) Public Safety Facility CU 6) Religious Institution CU CU 7) Schools—Elementary and Secondary P a) Schools—Vocational and Technical CU h) INFRASTRUCTURE 1) Automobile Parking Facilities P 2) Boat Launch 3) Essential Services 4) Marinas P 5) Transit Station CU 6) Wireless Telecommunication Facility CU Note: The Table of Uses identifies uses as permitted uses(P); accessory uses(A);conditional uses(CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. * * * * * * * * * * * * * Page 44 of 124 Words Gtruck through are deleted,words underlined are added Packet Page-610- 9/25/2012 Item 9.B. DRAFT—9/17/12 SUBSECTION 3.C. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD COMMERCIAL SUBDISTRICT Section 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area - -- --- -- ---- -- 2e• • A. Dimensional Standards . . _ . . _ . .. . . Site development standards Front yard setback 5 feet the C 1 through C 3 Zoning Districts which underlay the BMUD Neighborhood Commercial Subdistrict. 2. Properties developed in conformance with the underlying C /1 and C 5 zoning classifications are restricted to building 4 .9 . . c - 15 feet residential Side yards all other 5 feet Rear yard 20 feet Waterfront 44 25 feet Building-Standards Building-Design 1. Building facades facing the intersecting east west streets with Bayshorc Dr. shall have the same facing Bayshore Drive. 2. Buildings containing commercial or residential uses are required to have a minimum depth of 35 feet. The remaining depth of the lot may be used for parking. A building with commercial use only is limited to a maximum building foot print of 20,000 square feet 700 square foot gross floor area for each unit, residential or commercial. Maximum-height Commercial use only: Maximum /12 feet, not to exceed 3 stories height of buildings Residential use only: Maximum 42 feet, not to exceed 3 stories Mixed use: 56 feet, not to exceed 4 stories. Only the first two floors Residential on top of commercial shall be used for commercial uses. uses Page 45 of 124 Words stfaEk-threugh are deleted,words underlined are added Packet Page-611- 9/25/2012 Item 9.B. DRAFT-9/17/12 . 56 feet, not to exceed 4 stories Hete-I/Metel Maximum-height-of-buildings:- classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height The first floor ceiling 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 Maxi-mum-density 12 units per acre for mixed use projects. B. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses subdistrict. 2. BMUD NC land immediately abutting Haldeman Creek may cngage in boat rental operations. 3. Lots abutting the Neighborhood Commercial (NC) and Waterfront (W) ■ -- - - - --e- -- . -- - - • - -- .e.. -- - - • _ . . designee and must succeed in gaining approval. C. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic flood and drinking vending machines or public pay phones arc permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable). 3. Outdoor 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. O. Parking Standards. 1. Four spaces per 1,000 square feet of floor area open to the general public for commercial use. 2. Minimum two parking spaces for each residential unit. 3. Outdoor cafe seating shall be exempt from parking calculations. Page 46 of 124 Words struck through are deleted,words underlined are added Packet Page-612- 9/25/2012 Item 9.B. DRAFT-9/17/12 /1. On street parking on local streets excluding Bayshore Drive requires an•. - -. - - c--• -- - _ - ' - - - • _- -- •- - -- - - -- • - County standards. • -- - -- - -_ - _ - -- --- -- ---- • • , - - - A _ -• _• _ • a•-- -- •- , -- - - -- ' - - - - - - - •e-• - • -- -- - the same ownership or legal control (i.e., I ace or asemcnt, ctc), and meet the - -- - - - -" --- -- - o r � o v �. `-tit• n ✓✓mawv.•••• /.m..ory P..Mq \i .Y,'.Mmp Lfl t e it1iJt` .114 orn ` -Sn P ,y�itH 4t — It Nep.ehocd 1t wT'i I.• smvu _ ,� s.maxi s , — '-. ` ter* 4 D * O � -4 ® a1) ICE = ME • -- e. - - - - -- - - . e. - Z. - - - - - •- - e- • • -e - - - °• - - --• - -' -- - --• ----- . a. The design shall be a single aisle double loaded parking lot. b. The remaining parking requirement shall be located on the side or rear of the building. 7. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LDC, except that the County Manager or designee can approve or deny requests instead of the Zoning & Land Development Review E. 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, for new developments of less than 2 acres, must be located in the•-- - - - -- - -- - - - • - - -•• Z. - - ` • -. Page 47 of 124 Words struck through are deleted,words underlined are added Packet Page-613- 9/25/2012 Item 9.B. DRAFT—9/17/12 F. Landscaping and Buffer Requirements 1. As required by section 4.06.00 of this Code, unless specified otherwise below: 2. Buffers are required between mixed use PUDs, BMUD NC and BMUD W Subdistricts that abut residential property. A minimum 10 foot wide landscaped ar a shall be required. This area shall include: a six foot high opaque masonry shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall. abutting commercial zoned districts or abutting BMUD NC or BMUD W /1. Building Foundation Planting The foundation planting shall be a minimum of 50% of the ground floor building be landscaped with trees and/or palm trees in the amount of one tree or palm per equivalent of one tree. 5. Water Management Ar a Trees shall be provided at the rate of 1 tree per 250 square feet, with the balance of the area landscaped with shrubs, ground covers and ornamental gra°ses. 6. Parking Perimeter shared 10 foot perimeter landscaped buffer, with each side contributing a feet on center. 7. Right of Way Buffers External rights of way (ROW)adjacent to the Neighborhood Commercial Subdistrict (NC) are not required to have ROW buffers. a. The strectscape and landscaping standards in the ROWs abutting C 1 based on Streetscape Design Guidelines to be prepared by Bayshore/ Ask Page 48 of 124 Words struck through are deleted,words underlined are added Packet Page-614- 9/25/2012 Item 9.B. DRAFT—9/17/12 - - A A - -- - z. a. The wall shall be constructed of the same materials as the primary streetwall shall have trees at 30 feet on center and shrubs I ast 24 inches covers other than grass in a minimum 5 foot wide strip. No streetwall is b. No two streetwalls shall adjoin on a common property line. c. The streetwall shall be set back the appropriate distance from the front triangles (Section 4.06.01, D.1.)for egress from parking lots. 9. These landscaping and buffer requirements shall apply to all new buildings in the through C 5 zoning districts. No RN LIL MI 11 1I1 ■ - nn ■■l""" t"" ■ ARM IN iill Ihmniillmmull —6iuiiiiMI — ""°" Side Parking Lot with Streetwall Pesturount I j I j =INN —__■ — — JLI— G. Architectural Design Theme. which underlay the BMUD Neighborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suggested architectural design theme is used then the elements of the buildings should reflect the architectural vernacular of the "Florida Cracker" style. "Old Florida"or"Florida Cracker"Vernacular Page 49 of 124 Words struck through are deleted,words underlined are added Packet Page -615- 9/25/2012 Item 9.B. DRAFT—9/17/12 " as 1. All buildings shall meet the requirements set forth in section 5.05.08 unless nth •ri a specified below vcrr 2. Regardless of the architectural theme chosen, the following design elements are required. a. Buildings shall be designed to reduce mass and scale through the treatments. b. Hip or gable building roofs shall be metal seam ( 5v Crimp, standing seam or similar design) c. Windows with vertical orientation and the appearance of divided gla" trim. d. Facade wall building materials shall be of wood, stucco finish or cement board products. c. All buildings immediately abutting to Bayshorc Drive shall have the principal pedestrian entrance fronting Bayshorc Drive. Exceptions may be granted for mixed use projects of 2 acres or greater through the administrative deviation process per section 2.03.07 1.5. f. Thirty five (35) percent of the buildings facade along Bayshore Drive will be clear glass. facade of the first floor of any building. h. Attached building awnings may encroach over the setback line by a maximum of five (5)feet. i. Florescent colors shall not be used. Page 50 of 124 Words struck through are deleted,words underlined are added Packet Page-616- 9/25/2012 Item 9.B. DRAFT—9/17/12 H. Signs. As required by division 5.06.00 unless specified below: Specific Standards for Bed And Breakfast Lodging as a Conditional Use. 1. Minimum number of guest rooms or suites is 2 with a maximum number of 6. bedrooms for guest occupancy shall be 100 square feet. 2. No cooking facilities shall be allowed in guest rooms. 3. Separate toilet facilities for the exclusive use of guests must be provided. At least 1 bathroom for each 2 guestrooms shall be provided. /1. All automobile parking areas shall be provided on site, based upon a minimum of 2 spaces plus 1 space for each bedroom. All other applicable provisions of the LDC relative to parking facilities shall apply. 5. One sign with a maximum sign area of 4 square feet containing only the name of the proprietor or name of the residence. Sign lettering shall be limited to 2 inches in height and shall not be illuminated. 6. An on site manager is required. A. Dimensional and Design Standards for the BMUD 1. Neighborhood Commercial Subdistrict (BMUD — NC) a. Specific District Provisions: Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 1. Dimensional Requirements in the BMUD — NC 1 2 Mixed- Civic& House Rowhouse Apartment Commercial Use Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Page 51 of 124 Words struck through are deleted,words underlined are added Packet Page-617- 9/25/2012 Item 9.B. DRAFT-9/17/12 Max. Front Yard 20 15 20 20 20 20 Amott (ft) Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq 700 700 700 per 700 per 700 per unit n/a ft.) unit unit Min. Building n/a n/a 10 10 10 10 Separation Max. Building 42 42 42 56 56 42 Height (ft)4 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building s Property zoned C-3 shall have a minimum lot width of 75 feet 2. Waterfront Subdistrict (BMUD—W) a. Specific District Provisions: Amor i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUD —W Mixed- Civic& House' Rowhouse2 Apartment Commercial Use Institutional Min. Lot 50 253 100 100 1005 100 Width (ft) Min. Front 10 10 10 5 5 10 Yard (ft) Max. Front 20 15 20 20 20 20 Yard (ft) Min. Side 5 5 5 5 5 10 Yard (ft) Page 52 of 124 Words suaielc-thxeugh are deleted,words underlined are added Packet Page-618- 9/25/2012 Item 9.B. DRAFT–9/17/12 Min. Rear 15 15 20 20 20 20 Yard (ft) Waterfront 25 25 25 25 25 25 Yard (ft) Min. Floor 700 700 700 per 700 per 700 per unit n/a Area (sq ft) unit unit Min. n/a n/a 10 10 10 10 Building Separation Max. 42 42 42 56 56 42 Building Height (ft)4 Notes: ' See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 5 Property zoned C-3 shall have a minimum lot width of 75 feet 3. Residential 1 Subdistrict (BMUD– R1) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUD – R1 Civic& House' Rowhouse2 Apartment Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building n/a n/a 10 10 Separation Max. Building Height 35 35 35 35 (ft)4 — — — — Page 53 of 124 Words struck through are deleted,words underlined are added Packet Page -619- 9/25/2012 Item 9.B. DRAFT 9/17/12 Notes: ' See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 4. Residential 2 Subdistrict (BMUD– R2) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 4. Dimensional Requirements in the BMUD – R2 Civic& House' Rowhouse2 Apartment Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 25 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building Separation n/a n/a 10 10 Max. Building Height 35 35 35 35 (ft)4 — — — — Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 5. Residential 3 Subdistrict (BMUD– R3) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Agek Page 54 of 124 Words struck through are deleted,words underlined are added Packet Page -620- 9/25/2012 Item 9.B. DRAFT—9/17/12 Table 5. Dimensional Requirements in the BMUD— R3 Mobile Civic& House Rowhouse 2 Apartment Home Institutional Min. Lot Width (ft) 40 40 253 100 100 Min. Front Yard (ft) 10 25 10 10 10 Min. Side Yard ft 5 7.5 5 7.5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per n/a unit Min. Building Separation n/a n/a n/a 10 10 Max. Building Height (ft)4 35 30 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 6. Residential 4 Subdistrict (BMUD— R4) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 6. Dimensional Requirements in the BMUD— R4 House1 Civic& Institutional Min. Lot Width (ft) 50 100 Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Floor Area (sq ft) 1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft)2 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 Zoned Height of Building Page 55 of 124 Words struek-threugh are deleted,words underlined are added Packet Page-621- 9/25/2012 Item 9.B. DRAFT 9/17/12 7. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. c. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 50 feet. d. Two Family dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: Front porches in the BMUD - R1 and BMUD — R3 subdistricts that comply with the design criteria of 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, and stairs are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2. vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof shall be no more than 5 feet in height at its highest point. B. Dimensional and Design Standards for the GTMUD 1. Mixed Use Subdistrict (GTMUD-MXD) Aok Page 56 of 124 Words struek-thr-eugh are deleted,words underlined are added Packet Page -622- 9/25/2012 Item 9.B. DRAFT-9/17/12 a. Specific District Provisions: Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 7. Dimensional Requirements in the GTMUD-MXD 1 2 Mixed- Civic& House Rowhouse Apartment Commercial Use Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 6.56 6.56 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront 25 25 25 25 25 25 Setback (ft) Min. Floor Area (sq 1,100 1,000 750 per 700 700 per unit n/a unit per unit Min. Building n/a n/a 10 10 10 10 Separation Max. Building 42 42 42 56' 56' 42 Height (ft)4 Notes: ' See 4.02.16.B.3 regarding Duplexes 2 See 4.02.16.B.3 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 5 Property zoned C-3 shall have a minimum lot width of 75 feet 6 Development in the Mini-Triangle Area of the GTMUD—MXD subdistrict shall have a maximum setback of 20 feet MUPs in the Mini-Triangle Area of the GTMUD—MXD subdistrict shall have a maximum zoned building height of 112 feet. Page 57 of 124 Words struck through are deleted,words underlined are added Packet Page -623- 9/25/2012 Item 9.B. DRAFT—9/17/12 2. Residential Subdistrict (GTMUD R) a. Specific District Provisions: Maximum Density is based on maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D, Building Types and Architectural Standards. Table 8. Dimensional Requirements in the GTMUD R House' Rowhouse2 Apartment Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 Notes: ' See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 3. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or party wall, is provided. Page 58 of 124 Words struck through are deleted,words underlined are added Packet Page -624- 9/25/2012 Item 9.B. DRAFT-9/17/12 c. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: Front porches in the GTMUD - R subdistrict that comply with the design criteria of section 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, stairs and raised doorways are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2 vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flaqpoles, masts and antennas. Parapets on a flat roof can be no more than 5 feet in height. C. Additional Standards for Specific Uses Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. 1. Accessory Parking Zones Page 59 of 124 Words stmek4hreugh are deleted,words underlined are added Packet Page -625- 9/25/2012 Item 9.B. DRAFT-9/17/12 a. Lots adjacent to the Neighborhood Commercial (BMUD-NC), Waterfront olook (BMUD-W) and Mixed Use (GTMUD-MXD) Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the Collier County Zoning Map, may be used for off street parking or water retention and management areas, in the following manner: As an accessory use to an adjacent non-residential principal use under the same ownership or legal control; or ii. As a public parking lot designated as a principal use. b. A buffer must be provided between the APZ and adjacent residential lots as provided in section 4.02.16 E.2.a.i. 2. Accessory Uses to Residential Structures An accessory structure located on the property and related to the primary residence (single-family detached only)for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage, swimming pool or guesthouse. a. Ownership of an accessory structure shall not be transferred independently of the primary residence. b. Accessory building(s), excluding swimming pools and screen enclosures, may be located on up to 30 percent of the side or rear yards. Atikk For the purposes of this provision, the yard shall be the area between the principal structure and the side or rear property line. c. The maximum area of a guesthouse is 750 square feet, limited to 1 habitable floor; the minimum area is 500 square feet. d. The guesthouse must be of new construction and must meet National Flood Insurance Program (NFIP) first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. e. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: The fence or wall shall not exceed 42 inches in height. ii. Fence material shall be wood picket, wrought iron or material of similar appearance and durability. Garden or decorative walls may be brick, stone stucco block. f. Height: The maximum zoned height of an accessory structure is 26 feet. Screen enclosures may exceed the maximum height, but in no case be higher than the principal structure or 35 feet, whichever is less. Page 60 of 124 Words statelc-t re gh are deleted,words underlined are added Packet Page-626- 9/25/2012 Item 9.B. DRAFT—9/17/12 q. Location: Accessory structures shall not be located in the front yard, except that accessory structures located on corner lots may be located in the front yard with the longer street frontage. Accessory structures shall be setback a minimum of 10 feet from the rear property line and shall have the same side setback as required for the principal structure for the overlay subdistrict in which it is located. 3. Artist Village a. Artist village is limited to the housing of artists, such as painters, sculptors, iewelry makers, in one or more multifamily attached dwellings, clustered single-family detached dwellings, or a combination thereof. b. Dwellings shall not be leased for periods less than 30 days. c. Artist village consisting of clustered, single-family detached dwellings, shall be designed consistent with the provisions for cluster residential design in section 4.02.04. d. Shared studio and/or gallery space shall be provided for the use of all residents of the artist village. 4. Bed and Breakfast Facilities a. Minimum number of guest rooms or suites is 2 with a maximum number of 6. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for quest occupancy shall be 100 square feet. b. No cooking facilities shall be allowed in guest rooms. c. Separate toilet facilities for the exclusive use of guests must be provided. At least 1 bathroom for each 2 guestrooms shall be provided. d. Parking: 2 spaces plus 1 space for each bedroom. All other applicable provisions of this LDC relative to parking facilities shall apply. e. Signage: 1 sign with a maximum siqn area of 4 square feet containing only the name of the proprietor or name of the residence. Signs shall not be illuminated in residential subdistricts. f. A 24 hour on-site manager is required. 5. Community Garden a. The property shall be maintained in good condition consistent with the County's property maintenance standards. All planting materials, tools, and equipment must be removed from the site each day or secured in a permitted accessory structure. b. Hours of operation shall be limited to dawn to dusk. Page 61 of 124 Words Siftlek-thr-eugh are deleted,words underlined are added Packet Page -627- 9/25/2012 Item 9.B. DRAFT—9/17/12 c. The sale of items from the property shall be prohibited, except by an approved special event. d. Any use of fertilizer must comply with provisions set forth in Collier County Code of Ordinances, Article II: Florida-Friendly Use of Fertilizers on Urban Landscapes. e. Required Yards: Accessory buildings, includinq storage sheds or qreenhouses, are permitted on site and must meet the principal structure setback requirements for the subdistrict in which it is located. ii. All plantings shall be setback a minimum of 10 feet from the street right-of-way and five feet from the rear and side property lines. f. Operating Procedures: A community garden must have a set of operating rules addressing the following: Identification of, and contact information for, a garden coordinator to perform the coordinating role for the management of the community gardens; ii. Maintenance and security requirements and responsibilities; iii. Identification of how garden plots are assigned in a fair and impartial manner. 6. Live-Work Units a. All live-work units must fully comply with any and all Building Code requirements. b. The non-residential use areas shall meet accessibility requirements of the applicable Building Code (including site access and parking) and be oriented to the street. c. Size: The live-work unit shall have a minimum total size of 1,000 square feet and a maximum total size of 3,000 square feet and three stories in height. The non-residential use area must occupy less than 50 percent of total unit. d. The same individual(s) must occupy the non-residential use area and living area. e. The live-work unit may employ a maximum of 1 non-resident worker/employee on premise at any one time. g Page 62of124 Words Hugh are deleted,words underlined are added Packet Page-628- 9/25/2012 Item 9.B. DRAFT-9/17/12 f. Live-work units in non-residential subdistricts (BMUD-NC, BMUD-W and GTMUD-MXD) shall be established through the mixed use project approval process. q. Limitations on use. The non-residential component of a live-work unit shall be limited in the following manner: Live-work units in a non-residential subdistrict (BMUD-NC, BMUD-W and GTMUD-MXD) limited to uses permitted within the applicable subdistrict or underlying zoning district. ii. Live-work units approved as a conditional use in a residential subdistrict (BMUD-R3 and GTMUD-R) shall be limited to non- residential uses including artist studio, professional office, professional service such as hair salon or tailor, or any other use deemed to be similar in nature by the BZA during the conditional use process. Non-residential uses may include ancillary retail, such as galleries selling artwork and hair salons selling hair products. iii . Prohibited uses include Vehicle Maintenance or Repair, Entertainment, Drinking and Public Eating Establishment, the sale of food and beverages, Sexually-Oriented Businesses, veterinary services, and activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. h. Parking: 1 parking space per 500 square feet of the non-residential portion of the live-work unit plus 1 space for the residential unit. Signage: Sicinaqe for live-work units in a commercial subdistrict shall be limited to wall signs in accordance with section 5.06.04. Live-work units located in a residential subdistrict shall be limited to 1 non-illuminated wall sign with a maximum sign area of 8 square feet. 7. Marinas and Boatyards a. Repair and dry storage areas shall not be visible from the street. b. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and adjacent residential lots and shall not be visible from Bayshore Drive. c. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. d. Height of structures may be increased to a maximum actual height of 50 feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. Page 63 of 124 Words struck through are deleted,words underlined are added Packet Page-629- 9/25/2012 Item 9.B. DRAFT 9/17/12 Ask e. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: All areas used for boat display activities shall occupy no more than 35 percent of the linear frontage of the property. ii. All boat sale areas shall not be closer to the frontage line than the primary building they serve. iii. All boats located within an outdoor sales area shall not exceed the height of 17 feet above existing grade. iv. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. v. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at three feet on center at the time of planting. f. One parking space per 5 dry boat storage spaces. q. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. Allow 8. Mixed Use Project a. Mixed Use Projects are typically human-scale, pedestrian-oriented, interconnected projects with a mix of residential and commercial uses such as retail, office and civic amenities that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, siqnage, and street furnishings. b. Mixed Use Projects in the BMUD-NC, BMUD-W and GTMUD-MXD shall be reviewed and permitted in accordance with section 10.02.15. c. A minimum of 60 percent of all commercial uses within a mixed use project shall provide retail, office and/or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. d. A maximum of 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial Page 64 of 124 Words struck through are deleted,words underlined are added Packet Page -630- 9/25/2012 Item 9.B. DRAFT-9/17/12 uses so as to insure actual development of a mixed use project, or otherwise in accordance with a development schedule approved for the project and made a condition of the MUP approval. e. MUPs shall provide connection to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street pattern is preferred; however, modifications may be approved, provided the vehicular network provides interconnections between internal uses and external connections to adjoining neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle, and transit. f. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. q. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. h. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land, cash, or other in-kind contribution may be accepted by the CRA, where it has been demonstrated to sufficiently mitigate for the reduction of required on-site usable open space. This cash or in-kind contribution may be used to enhance the public realm (public art, plaza, fountains, etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. 9. Outdoor Display and Sale of Merchandise a. No automatic food and drinking vending machines are permitted outside of any structure. b. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable). c. Outdoor display and sale of merchandise, within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. D. Building Types and Architectural Standards 1. Purpose and Intent The purpose of this section is to supplement the provisions of section 5.05.08 of the LDC by identifying and providing design standards for the building types Page 65 of 124 Words struck through are deleted,words underlined are added Packet Page-631- 9/25/2012 Item 9.B. DRAFT- 9/17/12 allowed within the Bayshore Gateway Triangle Redevelopment Area. The standards are intended to attach the same importance to the overall building design as is placed on the use contained therein, and to ensure that proposed development is consistent with the CRA's goals for building form, character and quality. Buildings within the BMUD and GTMUD are expected to be added as long-term additions to the architectural vibrancy of the community. 2. Applicability Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions. The uses permitted within the building are determined by the underlying zoning district or overlay subdistrict in which it is located. All buildings shall meet the design requirements set forth in section 5.05.08 unless otherwise specified in this section. 3. General Architectural Standards a. Architectural Style: The building design standards of this section do not mandate a particular building style and permit a wide variety of architectural expressions. When a building exhibits a known architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details shall be consistent throughout the building and any accessory structures on the same site. b. Frontage: The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street or square. This requirement shall not to mobile homes or to buildings that are interior to a site that has other buildings that meet this provision. c. Compatibility: Proposed buildings should relate to adjacent buildings in similarity of scale, height, architectural style, and/or configuration. Exceptions to this provision include civic and institutional buildings such as churches and schools. d. Facade Treatment: Architectural elements such as windows and doors, bulkheads, masonry piers, transoms, cornices, window hoods, awnings, canopies, and other similar details shall be used on all facades facing a public right-of-way. Asek Page 66 of 124 Words stfuelc—thr-etgh are deleted,words underlined are added Packet Page-632- 9/25/2012 Item 9.B. DRAFT—9/17/12 [® _ DECORATIVE U LI -11-1, U CORNICES A l l (//am"-, / i � WINDOW TRIM j (MINIMUM 4" GABLES 0 " — ' ' ` MI _i, ,f ,, WIDE) EAVES fd o „ BALCONIES t, iE 1 1 1 1 OPEN ARCADE , OR COVERED ( _. ______.,_ _. ------ __ 1 IJ Lit Li L"Li U << WALKWAY y KKUTICJE ti' BUILDING _ AWNINGS TRANSOMS/ i l I — l' E;—p I ALONG FIRST TRANSOM f ■`I 1 E I FLOOR LIGHTS 1 ' t i� € i EI 1� l' is ENTRY SSED _. 3 ` ] I _ II ,) I• PILLARS OR .1—, POSTS BGT Redevelopment Area Figure 1 Facade Treatments (For illustrative purposes only) 4. Building Type: HOUSE a. Description: The predominant building type in the Bayshore Gateway Triangle Redevelopment Area and is intended for use as a single-family detached dwelling located on its own lot, although it may also accommodate duplexes, small multi-family dwellings, home occupations, and professional offices. Page 67 of 124 Words statelc-threugh are deleted,words underlined are added Packet Page-633- 9/25/2012 Item 9.B. DRAFT-9/17/12 MISS a/ r 1 ,. ,,a 111111111111111 l �i�t�i•it �iiil, fipt ems, .1: of= a ilk m...: a I;Ir -"ft � ,_-; fib ' BGT Redevelopment Area Figure 2 Building Type: House (For illustrative purposes only) b. Yards: The typical House has four yards: front, sides, and rear. Corner lots shall have two front yards and two side yards, with the front yards along each street frontage. � I I I i Property Line-I t 1 I friiP I 1 2 NKr House i House I a 3 a i 1 s 1 Primary Facade Primary Street 0 F rrarrt Ya td Side Yard rpar Yard BGT Redevelopment Area Figure 3 House Yard Diagram (For illustrative purposes only) Page 68 of 124 Words struelc-thretgh are deleted,words underlined are added Packet Page-634- 9/25/2012 Item 9.B. DRAFT-9/17/12 c. Elevation Requirements: A maximum of two feet of fill shall be allowed on site towards meeting National Flood Insurance Program (NFIP) requirements. Additional NFIP finished habitable floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal structure. ii. Open stilt-type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the building and the floodplain protection standards of section 3.02.00. iii. Parking is permitted under the principal structure. The garage floor shall not exceed 24 inches above the elevation of the crown of road from which it is accessed. d. Front Porches: Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with section 4.02.16 A.7.e.i. ii. Front porches must cover a minimum of 40 percent of the horizontal length of the front yard facade of the primary residence and be at least 5 feet deep. 1 t I I I I I I House I I I 0 Minimum Front Yard 1 Q Porch encroachment c 1 =7' max. E I 0 Minimum Porch Width b a 1 =40%ofc 1 Porch 1 0 Front Facade Length _..,..I._._. ._._._._._._._.J._._._._ Sidewalk BGT Redevelopment Area Figure 4 House Porch Diagram For illustrative purposes only) Page 69 of 124 Words struck through are deleted,words underlined are added Packet Page-635- 9/25/2012 Item 9.B. DRAFT-9/17/12 iii. ANSW 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 matches the material and design character of the structure. iv. Front second-story porches are encouraged, but no enclosed room is permitted above the front porch. e. Garages, Carports, and Driveways: Garage doors shall have a maximum width of 16 feet. ii. The driveway shall have a maximum width of 18 feet in the right- of-way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. iii. Freestanding carports are prohibited. Carports and porte-cochere must be attached to the principal structure and be of similar materials and design as the principal structure. Detached garages must meet the side and rear setback requirements for an accessory structure. Carports and detached garages shall be no closer than 23 feet from the front yard setback line. iv. The distance from the back of the sidewalk to the garage door must be at least 23 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 23 foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. Detached Garage I Front Loaded Garage Side Loaded Garage I I I I I I I I I I I I I I I I ! I I I I 1 1 I I I I I I I I I v Minimum N Driveway I I I Depth Street BGT Redevelopment Area Figure 5 Garages, Carports, and Driveways Diagram (For illustrative purposes only) Page 70 of 124 Words struck through are deleted,words underlined are added Packet Page -636- 9/25/2012 Item 9.B. DRAFT-9/17/12 5. Building Type: ROWHOUSE a. Description: A building with two or more residential units that are attached by a common wall. A rowhouse is typically a fee simple unit from ground to roof with no units above or below. A rowhouse may be used as a live-work unit. 11 11 11 O 11"iii it 11 1., 11 11, ° -,, II II 1s (� '. tea• 1! II Il 1 11~y I11 m 111,`"" f! ip ,ii.,, ,. -1°' ;,,:, 111 111 r� . s 'ill +, 0. BGT Redevelopment Area Figure 6 Building Type: Rowhouse fFor illustrative purposes only) b. Yards: The rowhouse building typically has one primary yard located to the rear of the structure with the potential for a small landscaped front yard. A side yard is required for end units. Corner lots shall have a front yard on each street frontage. Page 71 of 124 Words struelk-thfough are deleted,words underlined are added Packet Page-637- 9/25/2012 Item 9.B. DRAFT 9/17/12 Property Ones' I 3 i i i 1 9 r i i 1 i i i i 1 Y i i '1 I t l l Primaryroide UJ hik Primary Facade Ihr Street 0 Front Yard 0 Side Yard 0 Rear YAW BGT Redevelopment Area Figure 7 Rowhouse Yard Diagram (For illustrative purposes only) c. Front Porches and Stoops: Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with section 4.02.16 A.7.e.i. 1 1 1 ' 1 1 Townhouse Minimum Front Yard 1 1 Porch encroachment 1 s a 1 =T max. b o Minimum Porch Width 1" 1—Porch -3O%ofc _._._._.t...,•_. _ _._.._..] . _ ,_,_ Front Facade Length Sidewalk BGT Redevelopment Area Figure 8 Rowhouse Porch Diagram (For illustrative purposes only) dirrft Page 72 of 124 Words struck through are deleted,words underlined are added Packet Page -638- 9/25/2012 Item 9.B. DRAFT 9/17/12 d. Elevation Details: All building elevations visible from the street shall provide doors, porches, balconies, terraces and/or windows along a minimum of 60 percent of the front elevation and 30 percent of the side elevation for each building story. "Percent of elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and/or windows in relation to the total horizontal plane of the building elevation. II i I I I . IIII 1111 lit I u�1a1 II o1II I! I' I�Ill�InI i ICI �u� �II�II 11��I� �u� �� Mom 0 o 0+0+0= X60%of 0 BGT Redevelopment Area Figure 9 Building Elevation Diagram (For illustrative purposes only) ii. All rowhouse buildings are encouraged to provide design details and architectural features to provide visual interest. The types of features may vary on adjacent rowhouse facade that share a common wall, and may include: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoating i) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) e. Garages and Driveways: Page 73 of 124 Words struck through are deleted,words underlined are added Packet Page -639- 9/25/2012 Item 9.B. DRAFT-9/17/12 i. Garages and off-street parking spaces are encouraged to be Afft located to the rear of the building. ii. Garage provided along the front facade of the building shall meet the following design standards: a) Garages shall be recessed from the front facade of the building by a minimum of 5 feet. Driveways shall be designed to provide sufficient room for a parked vehicle without interfering with sidewalks. b) Garage doors shall not exceed more than 30 percent of the front elevation. 6. Building Type: APARTMENT a. Description: A multiple-unit building with units arranged vertically and/or horizontally and with parking located below or behind the building. Units may be for rental or for sale in condominium ownership or may be designed as continuing care facilities or lodging (hotel). 11111 No Ill L �,_u ______= ,. ■ I __ I�m ; in I h i e a BGT Redevelopment Area Figure 10 Building Type: Apartment (For illustrative purposes only) b. Yards: The apartment building typically has a primary yard located to the rear of the structure with secondary side yards and the potential for a small landscaped front yard. Corner lots shall have a front yard along each street frontage. Buildings located internal to a site may be arranged in a courtyard setting provided the site has at least 1 building oriented toward the street. Page 74 of 124 Words stfaek-difeugh are deleted,words underlined are added Packet Page-640- 9/25/2012 Item 9.B. DRAFT—9/17/12 1 1 Property Line I Primaryacadle i 1 , f �1 f9 J 1 1 1 i • 1 1 1 1 • 2 (oarty.d 4 + 1 1 1 I 1 rimaryifacade Street 0. Errant Yard Side Yard 0 fear Yard BGT Redevelopment Area Figure 11 Apartment Building Yard Diagram (For illustrative purposes only c. Elevation Details: All apartment building elevations visible from the street shall provide doors, porches, balconies, terraces and/or windows along a minimum of 60 percent of the front elevation and 30 percent of the side elevation for each building story. "Percent of elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and/or windows in relation to the total horizontal plane of the building elevation. ii. All apartment buildings are encouraged to provide design details and architectural features to provide visual interest, which may include the following: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves q) Bay windows h) Balconies i) Decorative finish, such as wainscoatinq j) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) Page 75 of 124 Words smock through are deleted,words underlined are added Packet Page -641- 9/25/2012 Item 9.B. DRAFT-9/17/12 I) Canopies, porticos, or porte-cocheres (integrated with the building's massing and scale) d. Massing and Scale: Apartment buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. Buildings over 10,000 square feet in gross building area shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed 60 linear feet. Facade variations shall be provided through projections and recesses with a minimum depth of 5 feet and may include porches, balconies, bay windows and/or covered entries. I ry ra Appropriate — Building includes inappropriate — Building lacks roofdine offsets and façade roof}ire offsets and façade variattrr varratorl BGT Redevelopment Area Figure 12 Massing and Scale Diagram (For illustrative purposes only) 7. Building Type: MIXED-USE a. Description: A building which can accommodate a variety of uses, typically with the ground floor dedicated to non-residential uses and upper story floor(s) dedicated to office and/or residential uses. Ask Page 76 of 124 Words struck through are deleted,words underlined are added Packet Page-642- 9/25/2012 Item 9.B. DRAFT—9/17/12 itie yi NI �� 1 Nl NN � N q � U t l I U ,11 b rl p tl � M4 0)1 4111111 r O. BGT Redevelopment Area Figure 13 Building Type: Mixed-Use (For illustrative purposes only) b. Yards: The mixed-use building typically has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. ' I Property Line -_--'j 111:0.i Building Building - Primary Facade Primary Facade 4 L _410 Street 0 Front Yarn 431Side Yard 0 Rear Yarn BGT Redevelopment Area Figure 14 Mixed-Use Building Yard Diagram (For illustrative purposes only) Page 77 of 124 Words struck through are deleted,words underlined are added Packet Page-643- 9/25/2012 Item 9.B. DRAFT 9/17/12 Amok c. Multi-Story: Mixed-use buildings shall have a minimum of two stories. The first floor shall have a minimum floor-to-ceiling height of 14 feet. d. Street Facades: The first floor of all mixed-use buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: i. The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) for a minimum of 60 percent of lot width. i Building'; i I ��*** Max.Front Setback Mn F.omsetback I 0 Facade Width=>60%of b Lines I I 0 Lot Width I I O Street BGT Redevelopment Area Figure 15 Mixed-Use Building Façade Diagram (For illustrative purposes only) ii. Glazing, consisting of transparent windows and doors, shall be provided along a minimum of 35 percent of the length of first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide 30 percent glazing. iii. Expanses of blank walls may not exceed 20 feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows, doors, arcades, stairs or similar features. e. Windows: Windows along the first floor building elevation shall meet the following standards: i. Clear glass windows shall not exceed a tint of more than 25%. Page 78 of 124 Words struck-through are deleted,words underlined are added Packet Page-644- 9/25/2012 Item 9.B. DRAFT—9/17/12 ii. Windows shall be located between 2 and 7 feet above sidewalk grade. f. Building Entrances: All mixed-use buildings shall have a clearly defined principal pedestrian entrance fronting the street. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. q. Elevation Details: All mixed-use buildings shall provide a minimum of 4 of the following design details and architectural features: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoatinq I) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) I) Canopies, porticos, or porte-cocheres (integrated with the building's massing and scale) m) Open arcade or covered walkway n) Bulkheads o) Transoms p) Window hoods a) Building awnings along first floor h. Massing and Scale: Mixed-use buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. Mixed-use buildings shall include facade variations so that the maximum length, or uninterrupted curve, of any façade does not exceed 75 linear feet. Facade variations shall be provided through projections and recesses with a minimum depth of 4 feet. ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 75 linear feet. Materials: Mixed-use buildings exteriors shall consist of wood clapboard, stucco finish, cement fiber board products, brick or stone. Page 79 of 124 Words struck through are deleted,words underlined are added Packet Page-645- 9/25/2012 Item 9.B. DRAFT—9/17/12 ii. Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles. 8. Building Type: COMMERCIAL a. Description: A single or multi-story building which accommodates non- residential and automobile oriented uses, such as retail and office uses. This building type provides convenient vehicle access from the fronting roadway while minimizing the negative impacts of parking lots on an active pedestrian realm. It gar onus 's : :j , ! dIV- h, I i _j::. BGT Redevelopment Area Figure 16 Building Type: Commercial Amok (For illustrative purposes only) b. Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. �._..._._.! i._ Property Line - ''1 i U i � Building i Building i 21 i i Primary Facade EPdmsry Facade Street 0 Front Yard 0 Side Yard 0 R2.11 Yard Page 80 of 124 Words stfuelc-thfetgh are deleted,words underlined are added Packet Page -646- 9/25/2012 Item 9.B. DRAFT—9/17/12 BGT Redevelopment Area Figure 17 Commercial Building Yard Diagram (For illustrative purposes only) c. Street Facades: The first floor of all commercial buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) as provided in section 4.02.16 A.1.a.ii. for a minimum of 50 percent of lot width. ii. Glazing, consisting of transparent windows and doors, covering a minimum of 30 percent of the length of first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide 25 percent glazing. iii. Expanses of blank walls may not exceed 20 feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows, doors, stairs or similar features. d. Windows: Windows along the first floor building elevation shall meet the following standards: Clear glass windows shall not exceed a tint of more than 25 percent. ii. Windows shall be located between 2 and 7 feet above sidewalk grade. iii. Buildings over 20,000 square feet in floor area may utilize spandrel glass, or other faux window treatment, for up to 25 percent of the glazing requirement. e. Building Entrances: All commercial buildings along Bayshore Drive shall have a clearly defined principal pedestrian entrance fronting Bayshore Drive. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. f. Elevation Details: All commercial buildings shall provide a minimum of 4 of the following design details and architectural features: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts Page 81 of 124 Words Gtruck through are deleted,words underlined are added Packet Page -647- 9/25/2012 Item 9.B. DRAFT-9/17/12 f) Eaves Al Mk g) Bay windows h) Balconies i) Decorative finish, such as wainscoatinq j) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) I) Canopies, porticos, or porte-cocheres (integrated with the building's massing and scale) m) Open arcade or covered walkway n) Bulkheads o) Transoms p) Window hoods q) Building awnings along first floor q. Massing and Scale: Commercial buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. Commercial buildings shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed 100 linear feet. Facade variations shall be provided through proiections and recesses with a minimum depth of 4 feet. ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 100 linear feet. h. Materials and Colors: Commercial buildings shall be of wood clapboard, stucco finish, cement fiber board products, brick or stone. ii. Pitched roofs shall be metal seam (5v crimp, standing seam or similar design), slate, copper, or wood shingles. iii. Exterior building color: Applicants may request a deviation from the exterior building color requirements of section 5.05.08 C.13.b. if 50 percent or more of the facade consists of glazing in the form of transparent windows or doors. These deviation requests shall be subject to the procedures established in section 5.05.08 F. following the review and approval by the CRA Advisory Board to ensure consistency with CRA goals and objectives and community character. Awning: For awnings spanning less than 25 percent of a facade, an applicant may request a deviation from the color restriction identified in section 5.05.08 C.11.c.iv. These deviation requests shall be subject to the procedures established in section 5.05.08 Page 82 of 124 Words struck through are deleted,words underlined are added Packet Page -648- 9/25/2012 Item 9.B. DRAFT—9/17/12 F. following the review and approval by the CRA Advisory Board to ensure consistency with CRA goals and objectives and community character. 9. Building Type: CIVIC & INSTITUTIONAL a. Description: A building that serves as a public gathering place and a focal point of the community. These buildings should be constructed as permanent long term additions to the area and include uses dedicated to religious, cultural, governmental or educational missions. b. General Requirements: Because of the unique characteristics of civic and institutional buildings, it is generally exempt from the standards imposed on other building types in this section and the architectural standards of section 5.05.08. The following standards shall apply: Buildings should be of sufficient design to serve as a visual anchor to the community. ii. All rooftop equipment shall be screened from view. E. Landscaping and Buffer Requirements 1. Applicability: Landscaping and buffering in the BMUD and GTMUD shall be provided in accordance with section 4.06.00, unless as specified in this section. 2. Buffer Requirements: Buffers shall be provided to give spatial separation and visual screening between incompatible uses. a. Perimeter Buffers: The following buffer standards shall be required for MUPs, PUDs, commercial developments and other non-residential developments in the BMUD-NC, BMUD-W and GTMUD-MXD subdistricts. Buffers adjacent to residential uses and residentially zoned properties shall be consistent with one of the following: a) Ten foot wide buffer including a 6 foot high opaque masonry wall and a row of trees spaced no more than 30 feet on center: or b) Fifteen foot wide buffer including trees spaced no more than 25 feet on center and a hedge consisting of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at the time of planting. ii. Buffers adjacent to non-residential uses shall include a shared 10 foot wide buffer. Each property must contribute a minimum of 5 feet to the buffer. This buffer area may be provided in the form of landscaped area with plantings consistent with the Type A buffer requirements and/or hardscaped courtyards, mini-plazas, Page 83 of 124 Words shrtelc-thr-eugh are deleted,words underlined are added Packet Page-649- 9/25/2012 Item 9.B. DRAFT-9/17/12 outdoor eating areas, and building foundation planting areas. This buffer requirement is not required in the side yard between non-residential uses that share a common wall or between shared parking facilities. • • I I Alley or Joint Access Easement I I I I I I i I I I I I © Sharedi Parking I I I I I I m I I I 4 co 01 I I I I I I Street 0 Front Yard a)Side Yard Rear Yard BGT Redevelopment Area Figure 18 Shared Buffer Diagram (For illustrative purposes only) iii. Road Right-of-Way Buffers: Road right-of-way buffers for multi- family (excluding house and rowhouse building types) and non- residential developments are encouraged to coordinate with and complement the Bayshore Gateway Triangle Streetscape Guidelines. a) Developments within an Activity Center must provide a 20 foot Type D buffer adjacent to US 41, Tamiami Trail, meeting the design standards of section 4.06.02 C.4. b) All other developments shall provide a buffer consisting of one of the following: 1) Minimum 10 foot wide Type D buffer meeting the design standards of section 4.06.02 C.4. 2) A hardscaped area extending from the back of the street planting zone to the primary front facade. The hardscaped area shall perform as an Page 84 of 124 Words sough are deleted,words underlined are added Packet Page-650- 9/25/2012 Item 9.B. DRAFT—9/17/12 expanded public realm and may include benches, outdoor eating areas, plazas, fountains, and art iieces. Buffer—Option(a) Buffer—Option(b) I I I I I I 4 s $ d Hardsca e — —� Type D Buffer• .1 � P ---- Street BGT Redevelopment Area Figure 19 Road Right-of-Way Buffer Diagram (For illustrative purposes only) 3. Parking Lot Landscaping: a. A maximum of 30 percent of the landscape islands may have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. b. Minimum tree size shall be 1-%" caliper and a minimum of 10 feet in height. c. Parking lot perimeter: Parking lots shall include perimeter planting areas that are a minimum of 5 feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year-round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree/palm per 25 feet of linear frontage. ii. Streetwalls shall be used when surface parking lots for non- residential uses abut the right-of-way of Bayshore Drive, Van Buren Avenue, Thomasson Drive in the BMUD and US 41, Davis Boulevard, and Commercial Drive in the mini-triangle portion of the GTMUD. a) The wall shall complement the materials and colors of the primary buildings and be 3 to 4 feet in height and shall Page 85 of 124 Words utruck through are deleted,words underlined are added Packet Page -651- 9/25/2012 Item 9.B. DRAFT-9/17/12 have a 12 inch projection or recess a minimum of every 15 feet. b) The streetwall shall be set back the same distance as the primary building facade; however, the streetwall shall meet County standards for site distance triangles per section 4.06.01 D.1. c) The street side of the streetwall shall have trees at 30 feet on center planted within tree wells or a minimum 5 foot wide strip with ground covers other than grass. d) The streetwall structure shall be protected through the use of a root barrier system as identified by LDC section Figure 4.06.05.H.A. e) No streetwall is required if all of the parking is located in rear of the development. 4. Building Foundation Planting: Building foundation plantings shall be required per section 4.06.05 of the LDC, except as follows. The building shall provide the equivalent of 10 percent of its gross ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per section 4.06.05 of the LDC. However, the foundation plantings shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. 5. Water Management Area: The water management area may be located within any required buffer area provided all buffer plantings can be accommodated. 6. Plant Materials: Landscaping in the BMUD and GTMUD shall utilize tree and shrub plants that are identified in the Collier County Native Plant List in order to minimize maintenance and water demands after establishment. Ornamental plantings should be drought-tolerant in nature, consistent with Florida Yards & Neighborhoods Program, and cross-referenced with the latest Florida Exotic Pest Plant Council (FLEPPC) listing of invasive species (Categories I and II). F. Parking Standards The purpose of the parking standards for the BMUD and GTMUD is to regulate the location, siting, and design of on-street and off-street parking in a manner that provides convenient access to adjoining uses, reduces increased surface level heat and glare, and enhances pedestrian, bicyclist and motorist safety and visibility within the built environment. Parking in the BMUD and GTMUD shall be as provided for in section 4.05.00, except as specified in this section. 1. Parking Space Requirements: Parking spaces shall be provided in accordance with the following table. For uses not specifically listed, the most similar category shall be used to calculate the minimum parking requirements. Net Floor Area is defined as total floor area excluding mechanicals and core space. Page 86 of 124 Words struck through are deleted,words underlined are added Packet Page -652- 9/25/2012 Item 9.B. DRAFT-9/17/12 Table 1. Parking Space Requirements in the BMUD and GTMUD Use Type Minimum Parking Spaces Single-Family Residential 2.0/dwelling unit Multi-family Residential 1-bedroom 1.0/dwelling unit 2-bedroom 1.5/dwelling unit 3 or more bedrooms 2.0/dwelling unit Lodging 1.0/room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly/Museum/Gallery 1/500 sq.ft. of net floor area open to the public Institutional 1/300 sq.ft. of net floor area General Office 1/350 sq.ft. of net floor area Retail 1/300 sq.ft. of net floor area Restaurant ' 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial/Manufacturing 1/500 sq.ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area Note: ' Outdoor café seating shall be exempt from parking calculations. 2. Adjustments to Parking Space Requirements: Developments which meet any of the following standards may be exempted from the minimum parking_ requirements of this section. a. Public parking facilities. The CRA can make parking on CRA owned property available to meet the minimum parking requirements for new construction or redevelopment projects. An applicant must provide documentation stating the parking allocation has been approved by the CRA as part of the MUP, site development or site improvement plan process. The public parking facility must be located within one-half mile of the development. Once spaces are allocated to a specific property through the approval of the MUP, SDP or SIP, the applicant has one year to begin utilizing the parking. If the spaces are not used within one year, and an extension is not granted by the CRA, the spaces will be made available for reallocation and all development orders shall be revised accordingly. b. Off-site parking. Off-site parking may be used in order to meet the minimum parking requirements, provided the off-site parking is located no farther than 1,200 feet from the use it will serve. The location and design of the off-site parking will be shown on the SDP or SIP and approved as Page 87 of 124 Words laugh are deleted,words underlined are added Packet Page -653- 9/25/2012 Item 9.B. DRAFT 9/17/12 part of the SDP or SIP review and approval process. The required parking spaces will be committed by a recordable covenant, lease, or other agreement. c. Shared parking. Shared parking is permitted for new development if the applicant establishes that the peak parking demands for the new uses clearly occur at different times. A shared parking agreement must be recorded by a recordable covenant, lease, or other agreement. Shared parking lots must be within 600 feet of each use and may not be separated from the use by a street right-of-way or easement exceeding 60 feet in width. d. On-street parking. Where on-street parking exists or is permitted, a development may count the spaces directly along the site's frontage toward the minimum parking requirement, however the on-street parking spaces are considered public spaces and are not for the exclusive use of the adjacent use. e. Tree preservation. The minimum number of spaces required may be adjusted by the County Manager or designee when it has been determined that the reduction is necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. f. Connectivity. Parking lots are encouraged to connect to adjacent lots through the use of a joint access easement. If a joint access easement is provided for connectivity, then the minimum parking requirement for the use may be reduced by 10 percent. Alley or Joint Access Easement _._._.i._._._._._._._._._._._.t._._._._._._._._._._.1 I I i I I I I © Shared Parking I I I m I I I Street 0 Front Yard ©Side Yard ©Rear Yard BMUD and GTMUD Figure 20 Parking Diagram (For illustrative purposes only) Page 88 of 124 Words struck through are deleted,words underlined are added Packet Page-654- 9/25/2012 Item 9.B. DRAFT—9/17/12 3. On-Street Parking a. On-street parking may be allowed on local streets subject to an approved right-of-way permit to construct parking spaces in the public right-of-way. b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every 5 on-street parking spaces provided, a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. c. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 on-street parking spaces provided, a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off-Street Parking Location: Off-street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Off-street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUD and US 41, Davis Boulevard and Commercial Drive in the mini-triangle area of the GTMUD shall not exceed 50 percent of that building's parking requirements and shall be limited to a single- aisle double loaded parking lot. 5. Bicycle Parking: Bicycle parking shall be required as provided for in section 4.05.08, except as provided below. a. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in section 4.05.08 B. b. Location: Bicycle parking shall have access via sidewalks, pathways or driveways to the public right-of-way and be located as provided below: Parking Structures: Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. Page 89 of 124 Words struck through are deleted,words underlined are added Packet Page-655- 9/25/2012 Item 9.B. DRAFT—9/17/12 ii. On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. iii. Right-of-Way: Bicycle parking may be located in the public right- of-way subject to an approved right-of-way permit. iv. Shared Bicycle Parking: Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. G. Signage Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated by this section for specific uses. H. Murals Murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment Area subject to the following conditions: 1. Murals are only allowed on commercial, civic or institutional buildings. 2. Building must be located within the proposed Cultural District boundary, Community Redevelopment Agency Resolution 08-60, and cannot be located along U.S. 41. 3. One mural is allowed per building. 4. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. 5. The mural cannot exceed 200 square feet unless specifically approved by the CRA Advisory Board. 6. The mural shall not contain text for the purpose of advertising any business or commercial activity. 7. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. 8. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. Nonconforming Provisions The purpose of this section is to supplement the provisions of section 9.03.00 of the LDC and regulate and limit the continued existence of nonconforming lots, uses, structures Page 90 of 124 Words struck through are deleted,words underlined are added Packet Page-656- 9/25/2012 Item 9.B. DRAFT 9/17/12 and features in the Bayshore Gateway Triangle Redevelopment Area while allowing opportunities for appropriate redevelopment and reinvestment. The provisions of this section are intended and designed to bring about the eventual elimination of nonconformities and/or lessen their impact upon surrounding conforming uses, while providing flexibility for the reuse of existing lots and structures that contain nonconforming features without requiring unreasonable expenses to bring the property fully into compliance with the LDC. These nonconforming provisions apply to all of the Bayshore Mixed Use and Gateway Triangle Mixed Use Districts, except for the mini- triangle portion of the Gateway Triangle Mixed Use Overlay, which will be governed by section 9.03.00 of the LDC. 1. Nonconforming Lots a. Nonconforming lots are subject to the provisions of section 9.03.03 A. 2. Nonconforming Uses a. Nonconforming uses of land, structures or waters shall be subject to the provisions of section 9.03.02. 3. Nonconforming Structures a. A nonconforming principal structure may continue only in accordance with the provisions of this section. b. Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure. c. A nonconforming structure may not be enlarged or altered in any way which increases its nonconformity, except that the replacement of nonconforming residential structures may be permitted in accordance with section 9.03.03 B.4. d. Replacement of a nonconforming structure that is damaged or destroyed by any means to an extent of more than 50 percent of its actual replacement cost at the time of destruction, as determined by a cost estimate submitted to the site development review director, may be rebuilt after issuance of a permit subject to the following standards: A building permit must be applied for no later than 180 days from the date of the destruction. ii. If possible, the structure shall be rebuilt on the same lot and meet all subdistrict and building type requirements. iii. If the structure cannot be rebuilt at the same size (ground floor area) in accordance with the minimum standards of the subdistrict in which it is located then it shall be placed on the lot in a manner that minimizes the nonconformities, and in no case shall it be rebuilt in a manner that increases its nonconformity. Page 91 of 124 Words struck through are deleted,words underlined are added Packet Page-657- 9/25/2012 Item 9.B. DRAFT—9/17/12 iv. The reconstruction of a nonconforming non-residential structure at the same or smaller size shall require the installation of sufficient parking, landscaping and buffering in accordance with the provisions of section 4.02.16. e. A nonconforming structure may establish a new use that is permitted by the underlying zoning or overlay subdistrict designation in which it is located, provided that all other requirements of this section are met. The establishment of a new use in an existing structure shall not require improvements to other site related nonconformities unless the County Manager or designee determines that existing site related conditions create an unsafe condition. 4. Nonconforming Features a. Site related nonconformities, including stormwater management facilities, landscaping, open space, native vegetation, conservation areas, buffers and preserves, on- or off-site parking, vehicle stacking, driveway locations, throat lengths or non-structural architectural design standards shall be brought into compliance with requirements of the applicable design standards for all redevelopment projects except as provided in this section. b. The following types of redevelopment projects may be permitted without bringing all site related nonconformities into compliance. Improvements to an existing developed site, including interior renovations, where the total value of the proposed improvements is less than 50 percent of the total replacement value of the structures and site improvements on the lot existing at the time of improvement. The replacement value shall be calculated by a Florida licensed property appraiser. Replacement value shall not include the following: a) costs to bring structure(s) into compliance with the most recent building code, unless there is a change in occupancy type; b) costs to bring the structure(s) into compliance with the most recent flood proofing standards; c) costs associated with improved energy efficiency measures, such as high efficiency windows, solar panels, green roofs. ii. Existing structures may establish a new use that is allowed in the underlying zoning district or overlay subdistrict in which it is located, including the reestablishment of a use that has been discontinued as defined in section 9.03.02 F.1., provided the new use does not increase the number of parking spaces by more than Page 92 of 124 Words stfuelc-thfeugh are deleted,words underlined are added Packet Page -658- 9/25/2012 Item 9.B. DRAFT—9/1 7/12 25 percent or increase the required buffer width and/or type from the previous use. iii. If the County Manager or designee determines that existing nonconforming features create an unsafe condition, then the nonconforming features shall be remedied to the greatest extent possible given the physical constraints on the property. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - WATERFRONT SUBDISTRICT Section 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: A. Design Standards for the Subdistrict are the same as those set forth for the BMUD Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. B. Special conditions for Marinas. 1. Repair and dry storage areas shall not be visible from the street. 2. Boats available for rental purposes shall be located in the water or screened with a fcncc or wall from the local side streets and not visible from Bayshore Drive. 3. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. /1. Height of structures may be increased to a maximum actual height of fifty (50) -- _ -- _-- - - e": ' ---- _ --- --- - . - - - - 5. Outdoor displays of boats for sale on properties fronting Bayshorc Drive shall be limited to 4he following• a. All areas used for boat display activities shall occupy no more than thirty b. All boat sale areas shall not be closer to the frontage line than the primary building they serve. Page 93 of 124 Words struck through are deleted,words underlined are added Packet Page-659- 9/25/2012 Item 9.B. DRAFT-9/17/12 c. All boats located within an outdoor sales area shall not exceed the height of seventeen (17)feet above existing grade. d. Outdoor sales areas shall be connected to the parking arca and primary c. An additional landscape 10 foot buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum timeanting 6. (Reserved) 7. One (1) parking space per five (5)dry boat storage spaces. 8. On site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R1) Section 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Subdistrict design standards encourage the development of a variety of housing types which are intent is to create a row of residential units with uniform front yard setbacks and access to the street. A. Dimensional and Design Standards Design Standards unless affordable housing density bonuses are granted. Minimum 1 of Width (feet) Single famin„ 50 feet dook Page 94 of 124 Words s throug t are deleted,words underlined are added Packet Page -660- 9/25/2012 Item 9.B. DRAFT-9/17/12 Duplex 50 feet Two-family 50 feet Townhouses 100 feet 25 feet Iti-family 100 feet — rerr G Ir v i 1 pi,Vi20 Minimum Setbacks Min. front yard Min. side yard �",Y,m . rear yard (feet) Single-family 10 feet 7.5 feet 1-5 Twe-family 10 feet 5 feet Duplex-dwelling-units 10 feet 5 feet 1-5 Townhouse 10 feet 5 feet �5 Mull icy 10 feet 5 feet unless 1-5 (three-or-mere-) abutting cinglc dwelling-units family unit, then 7.5 feet Bu fdiiingStan =., Single family 1300 square feet per unit Duplex 1000 square feet per unit unit Townhouses 1000 square feet per unit Multi family 750 square feet per unit • - -- - - - ' -- - - - 35 feet not to exceed 3 habitable floors Maximum height of accessory screen Not to exceed 35 feet, but in no case higher enclosures than-the-main-building • - •- - - - - •- - - 26 feet but in no case higher that the main structures building Parking Standards Parking standards as required by sections /1.05.02 and 11.05.03 of this Code. B. Specific Design Requirements •- - - - - - - - - • _ -. 2. Buildings and their elements shall adhere to the following: a. Street facing facades of multi family buildings shall be divided using covered entries. b. The primary entrance shall be oriented to the street, with the exception of including an entry door that faces the street. Page 95 of 124 Words struck through are deleted,words underlined are added Packet Page-661- 9/25/2012 Item 9.B. DRAFT-9/17/12 c. On corner lots, both street facades of a building shall have placement. d. All mechanical equipment must be screened with a opaque fence or wall at a hcight which is 18 inches above the top of the equipment. required by section 4.06.00 of this Code. nn nu aaaa 1111 1111 li!":„41 tin ■ ■ un uu ■ ■ uu • Single Family Detached Two Story Single Family Detached Two Family/Duplex/Two Story Two Feeney/Duetnc 0 0 „a01hi 1111 h IIIIkIIIIIIII I !,Illlilll_III IIIIdIIIIIIm iiii ■l■lmI, IIIII IIkIII1 E O iII l I N i IIIuu m ■ III iIii IWHI I I I MI nii nu IIIIi II ® d I 111 III 1 ill 9111 mm + 11111114111 dllllnllil III.IIII.I"I (IIII N.II anal It le ill 114 I I.I Iala I11I IIII ImoI 1111 1111 IIII Ilan 1111 Townhouse:Single Family Attached Apartments M- ultl-Family BAWD-Ficiure-4 411** a. The first habitable floor at the street facade may not be greater than three (3)feet over the minimum first floor elevation designated in the National Flood Insurance Program (NFIP) Flood Insurance Rate Map. e. walls shall be finished in material and color complementary to the principal structure. c. Open stilt type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. d. The garage floor shall not exceed twenty four(24) inches above the elevation of the crown of road from which it is accessed. 4. Front porches shall adhere to the following. Page 96 of 124 Words struck through are deleted,words underlined are added Packet Page -662- 9/25/2012 Item 9.B. DRAFT-9/17/12 a. Front porchcs may encroach seven (7)feet into the front yard setback if the structure is located on the minimum front yard setback (10 feet)with (1) 1111 1111' DI Sidewalk 1111 === =CD=11.11; oou uaa IIIIIIIIIIIII °r'� ern --- =El= nao Sawn Porches 40%of Front Facade Front Porches b. Front porches must cover a minimum of forty (40)percent of the c. Front porch design and material shall be consistent with the architectural d. Front porches shall not be air conditioned nor enclosed with glass, character of the structure. c. Front second story porches arc encouraged, but no enclosed room is permitted above the front porch. 5. Garages and driveways. a. Garage doors shall have a maximum width of sixteen (16)feet. b. The driveway shall have a maximum width of eighteen (18) feet in the right ofway area. Other than the permitted driveway, the front yard may Page 97 of 124 Words dough are deleted,words underlined are added Packet Page -663- 9/25/2012 Item 9.B. DRAFT-9/17/12 Garage j 4 Garage Minimun 23 Feet from Back of Sidewalk / mM Poh D� 0 Sidewalk Garage-Driveway {For illustrative purposes only) be attached to the principal structure and of similar materials and design the front yard setback line. d. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side loaded there must door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. Page 98 of 124 Words struck through are deleted,words underlined are added Packet Page-664- 9/25/2012 Item 9.B. DRAFT—9/17/12 Pere cochere 6. Accessory Unit An accessory unit is a separate structure located on the property and related to arc not limited to: library, studio, workshop, playroom, screen enclosure, garage, a. Ownership of an acce°sory unit shall not be transferred independently of the primary residence. b. Only one (1)accessory unit of each type of use is permitted per principal structure. c. The maximum area of an accessory unit is 570 square feet, limited to one (1) habitable floor. d. The accessory unit may be above a garage or may be connected to the eight (8)feet in width. c. The maximum height of a structure containing a guesthouse over a building height of twenty six (26)feet to the top of the roof. f. A structure containing only a guest unit must meet the NFIP first habitable exceed twenty six (26)feet to the top of the roof. Page 99 of 124 Words struck through are deleted,words underlined are added Packet Page-665- 9/25/2012 Item 9.B. DRAFT-9/17/12 omit Building4-Strueture Front Rear Side Library SRS* 10 feet SRSI Studio SPS*- 10 feet SPS* Workshop SP-S* 15 feet SPS SRS* 10 feet SPS* enclosure Playroom SRS* 10 feet SRS* Garage SRS* 10 feet SRS* SRS* 15 feet SPS* Guesthouse SRS*- 15 feet SRS* * 7. Fencing forward of the 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 shall have an opacity range of 18%-to-50%. c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, composite, stucco block or metal s ' 111111 til ' f f rs,4 id flr iA s l3 ist+� l 7f!' I111111 ,ti II BAWD-Reure-8 Permitted Typical Fencing (For illustrative purposes only) * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL SUBDISTRICT (R2) Page 100 of 124 Words struck through are deleted,words underlined are added Packet Page-666- 9/25/2012 Item 9.B. DRAFT—9/17/12 Section 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: A. Design Standards for the subdistrict are the same as those set forth for Residential Subdistrict 1, unless specified below. Setbacks Mi... front yard Min,side yard One (Single) Family 25 feet 7.5 feet 15 feet Detached-Dwelling Units Duplex Dwelling Units 25 feet 6 feet unless 15 feet abutting-single-family unit, then 7.5 fect 25 feet 6 fect unless 15 feet unit abutting-single-family unit, then 7.5 feet Townhouses 25 feet 6 feet unless 15 feet abutting-single-family unit, then 7.5 feet 25 feet 6 feet unless, 15 feet (thYee or more) abutting single family dwelling units unit, then 7.5 feet * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL SUBDISTRICT (R3) Section 4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: A. Development standards for this subdistrict arc the same as those set forth for the Page 101 of 124 Words struck through are deleted,words underlined are added Packet Page -667- 9/25/2012 Item 9.B. DRAFT-9/17/12 B. Minimum Lot Width 40-feet _ _. - •- - • - _ _ . 100 feet 80- eet _ _ -_ - - - -e- - - - 40-feet allows) C. Building Standards Minimum Floor Ar Duplex 1000 square feet per unit per-unit Townhouses 1000 square feet per unit Multi family 750 square feet per unit D. Yard Requirements. Frent4ard Min.Sirle Yard Mini--Rear-Yard One (Single)_ 10 feet* 5 feet 8 feet Family Detached Units Townhouses 10 feet* 0 feet when abutting &feet not then 5 feet. Two fm y 10 feet* 0 feet when abutting 8feet d g Q1{ another d dolling uni+ if not then 5 feet. Mobile homes - (where /1.02.01 Table 2.1 underlying zoning allows) *Shall be 10 feet from the property line to the outer wall of the building footprint. * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL SUBDISTRICT (R4) Section 4.02.21 Design Standards for Development in the BMUD--Residential Subdistrict (R4), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page 102 of 124 Words struck through are deleted,words underlined are added Packet Page-668- 9/25/2012 Item 9.B. DRAFT—9/17/12 A. Development standards for the Residential Subdistrict R4 are the same as those set * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD) Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: A. Dimensional Standards Site development standards for Mixed Use Projects on Davis Boulevard (south Front streetscape zone—for—new - --- - - - - - construction 1. If no curb exists, as on Commercial Drive, the front See GTMUD Figure 1 strectscapc zonc shall bcgin a minimum of 6.5 feet from the Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C 1 and C-5 zoning clarifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. /1. Steps, and or ramps may encroach into thc strcctscape zone but no more than 3 feet. Front-yard-set-back Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from thc front property line into the Y, buildings in the C 1 through C 3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. /1 and C 5 zoning classifications are restricted to building setbacks per section 1.02.01 A. Table 2.1. first and second stories is required at the third story and above, Site Development Standards for mixed use projects for other streets Page 103 of 124 Words st:Fuek-thfeugh are deleted,words underlined are added Packet Page-669- 9/25/2012 Item 9.B. DRAFT—9/17/12 Front-setback 10 feet GTMUD Mixed Use Subdistrict. setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step back from the front facade is Side-yards--abutting 10 feet residential Side yards all other 10 feet minimum Rear yard 5-feet Waterfront Watecfrenes 25 feet setback 700 square foot gross floor area for each Minimum building separation 10 Feet Minimum lot area 80,000 Square feet Minimum-lot-width Building-footprint , _ .• _ - ...- _ - . 20,000 square feet, except in the "Mini Triangle", defined by US 41 East, Davis Boulevard and Commercial Drive, where the Maximum height __ •••- - _ • - _ 42-feet, not to exceed 3 stories of bu ildings - - - - - - - 42 feet, not to exceed 3 stories of-buildings Mixed use: Residential on top of 56 feet, not to exceed 4 stories. commercial uses. Maximum height of buildings. 56 feet, not to exceed 4 stories Hotel/Motel "Mini Triangle" Mixed Use 112 feet, not to exceed 8 stories. Maximum-height-of-buildings; The maximum building height of properties developed in conformance with underlying C 4 and C 5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Mixed use building uses Only first two floors can be used for commercial Uses Ceiling height The first floor ceiling shall be no leaf than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and Page 104 of 124 Words struck through are deleted,words underlined are added Packet Page-670- 9/25/2012 Item 9.B. DRAFT—9/17/12 Maximum-density 1. Fora mixed use project, 12 units per acre in the "Mini Triangle," defined by US 41 East, These bonus density units are not deducted from the Boe. Denei/y Pool 2. For a mixed use project, 12 units per acre to include all areas of the Mixed Use Subdistrict except: • North side of Davis Boulevard • East side of Airport Pulling Road 3. Residential only projects (not part of a zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. B. Regulations For Outdoor Display And Sale Of Merchandise. • permitted outside of any structure. • 3. Outdoors display and sale of merchandise, within front yards on improved /1. The outdoor display/sale of merchandise is limited to the sale of comparable Page 105 of 124 Words struck through are deleted,words underlined are added Packet Page-671- 9/25/2012 Item 9.B. DRAFT-9/17/12 *ow Front Setback Zone Front Setback tone Mired Use Subdistrict / lbod Use Subdistrict aod C-1 throug h ed an d C4 through C4 Commercial Zoning Commercial Zoning Disticti Distr / I *,‘ ,a4„,. i i 1 , ' 1 A = Si OM I is fa 1 1 1 I,,54. ...1 i 4.1 MA i Oa 8. ■ z 1 )4 b. ■ ftelavassalke mOblattrr NW Davis Boulevard,US 41 Commercial Drive and AirportPulling Road -.4., Puiling-Read-and-CommerGial-Drive (For illustrative purposes only specific Design Guidelines will prepared by Bayshore/Gateway Triangle CRA Advisory Board) 25R10 35 Ft • Metope Concrete Paws Spacing Vanes to Meet Existing Rood Pelms 1840 Ft Conditions,such as Driserarya Sae.3-7/As 7-7/8 s 3-1/8 inches Pattern.lianas/bone Haight Color To Be Datemsried ---\\ e Trowel Finish /— Concrete&DOM FT\1\1klfr ?„,„,.: ■11r.,..),,!,,tr, , ! 1 IMMIIIIIEI:_ 1,MFAMilM111,1%\.wri r,o_00.1■ :.., L■IN,Iiiomimi_■.•1•N.-.1--,,,,,...---,---,... .,_..........i,-...-------:_-,---:." . :-.-.;.,:: • .-;:s-z,r--titi,g,-,-4-„,:t.l. , , --, ".--vie,' -yip' t■illiiii nil= IIIIIHIIIIIIIIIIhla..i.. AdliaEl■Yd dl SINN light Spacing as 5 Ft it 5 Ft Planting / Needed Opening ■ / ANA* Page 106 of 124 Words struck through are deleted,words underlined are added Packet Page-672- 9/25/2012 Item 9.B. DRAFT—9/17/12 - * Mixed Use Subdistrictilleeklential above Commercial or Residential Onlyfiondng on US 41: Maximum Actual Height:56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height:126 Feet Commercial Zoning Districts ham riga.1.44.04,011.110144 Heights according to cunent LDC -5 10.4061.14, 01.0.0100.00.104 Awe rad 11.43.111, .411N4ry4.4 1 - - *1$ Woo.o bekb.tate o ROW11.71.YAW. ; 0* I ; Mot I ,17 J1.0.04 re11.* CTPV'D Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height,Step-Back,Projections and Recesses • _ _ .e- . ■. ■ _ Z . _ • -•Mord the SubsestriebReablenbal above Geboserentor Resoleatial ONY F.0.6,9 0.US 41; 4 SW. 1- •Mot Moab,.Alkyd U.* SWAP Meaboom Actual HOW:IX Feet Cenoroark Zook%Mae*. MolgAlg.Ccording to nose,LOG am** ti...earoat re410."1,7. II .040 Mamma.** I lurtak.O. 1 '1 Bo*ene FA, ow.*a no g g reeeoreoeboo ; i MUDD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height,Step-Back Projections and Recesses Page 107 of 124 Words struck through are deleted,words underlined are added Packet Page -673- -.�-~_ 012 Item 9.B. DRAFT— — _ _ C. Parking Standards. Property in conformance with underlying zoning . . . � - developed - 4.05.81 of this Code. ~~ 1. Mixed Use P a. Four(4) spaces per 1,000 square feet of floor area open to the general public for commercial use. b. Minimum one and one half(1.5)parking spaces for each residential unit. c. Outdoor cafe areas shall be exempt from parking calculations. Off-street parking in front of buildings abutting US 41, Davis Road shall not exceed 50% of that building's parking requirement. a) The design shall be a single aisle double loaded parking let, b) The remaining parking requirement shall be located on the cidc or rear of the building. Akt. (For illustrative purposes only) GYMUU'Mixed Use Subdistrict Location of Off Street Parking �*tieaarkiv ort Reza aides "' _ni ''" '""' ^ `/ '"'� �> n � 1 " i • 11:i i ��__-__ ---� ` Pubic Street Pubic Met .0; Page |O8of(24 Words struck through are deleted,words underlined are added Packet Page -674- 9/25/2012 Item 9.B. DRAFT-9/17/12 c. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LDC. 2. C 1 through C 5 Zoned Properties a. The parking location requirements will also apply to new development for abutting property_ a. •. • �. •. - - 2. All dumpsters must be located in the r ar yard and screened from US 41, Davis Boulevard, Commercial Drive, or Airport Pulling Road. E. Landscaping and Buffer Requirements. 1. Landscaping and buffer requirements shall be pursuant to section 4.06.00 of the Code unless specified otherwise below: 2. Buffers are required between GTMUD MXD Subdistricts and abutting residential commercial side of the wall.•-e 11 -- - - - -- e. • - _ • .. _ - -- - -- - a minimum of 5 feet is required between GTMUD MXD Subdistricts abutting - "- • „ . - -- and hardscaped courtyards, mini plazas, outdoor eating areas and building row of trees spaced no more than 30 feet on center. 5. Building foundation planting will only be required on the rear and sides yards. perimeter measured in linear feet and an average of five feet (5)wide. This area must be landscaped with trees and/or palm in the amount of one tree or palm shall be planted in areas that are a minimum of 8 feet wide. Palm trees, when - - - - -- - -- -- - - - - - - palm is the equivalent of one tree. Page 109 of 124 Words struck through are deleted,words underlined are added Packet Page -675- 9/25/2012 Item 9.B. DRAFT-9/17/12 6. A minimum of 50% of the surface water management area shall be landscaped. -- - -- - - ---- - • - - - : , ground covers and ornamental grasses.• - _ - .. - - -- _ -- •- - -.•: - -- - -- - -- - Z. The wall shall be constructed of the same or complementary materials as the or recess a minimum of every 10 to 12 feet. The streetwall can be a combination a. Complement the building materials. The street side of the streetwall shall wide strip. b. No two streetwalls shall adjoin on a common property line. c. The streetwall shall be set back the appropriate distance from the Front _- -- - - e- ..__ --- - .-e- - - - • _ - Triangle (Section 4.06.01, D.1.)for egress from parking lots. 9. The Landscaping and buffer requirements of this section shall apply to all new Zoning regardless of height. Streetwall li i1! 11_11 1 Ill 1 111 Vol~immlllimniii —Gmieilo ii;- now&books ! Side Parking Lot with Streetwall �eSC°`�� I ui F. Architectural Standards. Architectural design theme. The "Old Florida" or"Florida - _ -though C 5 Commercial Zoning Districts within the GTMUD Overlay. Page 110 of 124 Words struck through are deleted,words underlined are added Packet Page-676- 9/25/2012 Item 9.B. DRAFT—9/17/12 Old Florida or Florida Cracker Style • ;'• `F A r GTA4 ID Cieure 7 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise-specified-below, 2. Regardless of the chosen architectural theme the following design elements arc required. a. Buildings shall be designed to reduce mass and scale through the provision of arcades, windows, entry features, and other design treatments. b. All buildings adjacent to US 41, Davis Boulevard, Commercial Drive, Airport Pulling Road or future north south streets will have the principal pedestrian entrance frontingUS 41, Davis Boulevard, Commercial Drive, Airport Pulling Road or future nort h south streets. c. Thirty five (35) percent of the buildings facade that faces US 41, Davis Boulevard, Commercial Drive, or Airport Pulling Road will be cI ar glass with a maximum tint of 25%. d. Clear glass windows (with a maximum tint of 25%) 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. c. Attached building awnings, canopies or balconies may encroach over the Front Build to Line by a maximum of five (5)feet. f. Florescent colors shall not be used. Page 111 of 124 Words struck through are deleted,words underlined are added Packet Page -677- 9/25/2012 Item 9.B. DRAFT-9/17/12 g. Maximum uninterrupted building length requirements: Where a building or a series of buildings form a continuous wall that exceeds 200 feet in passageway shall be not less than 15 feet in width and not less than 10 h. Hip or gable building roofs shall be metal material (5v Crimp, Standing Seam or similar design) 1. Have windows with vertical orientation and the appearance of divided glass trim. j. Facade wall building materials shall be of wood, natural stone, stucco Building-Length (For illustrative purposes only) a ? m a � a "-. GTMUD-Mize ngtd h lse Subdistrict- , "'w > a i 1 I ' - -1,' % .f: "Pk I''' oir i- - -,—.. 4 11 thus. s AMC fi ,„.a - i_._._aim 'py�y�'y3 ltmNnvywq.ssge-ey M hnun WaM 15Fe Alhrmun tfegM 10 Poef R a �'r Rd non ' 1, # T-- ... I t ' !'"µ 1 Maas 1.a m,-.Vrt G. Signage shall be as required by division 5.06.00 unless specified below: 1. One sandwich board sign is allowed on the public right of way between the curb or travel lane and the private property line per business establishment as long as it is no more than ten (10) square feet per side, allows fora passageway on the sidewalk of 36 inches * * * * * * * * * * * * * SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R) Page 112 of 124 Words struck through are deleted,words underlined are added Packet Page-678- 9/25/2012 Item 9.B. DRAFT-9/17/12 Section 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R)of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: A. Dimensional and Design Standards Density Per Under Lying Zoning RMF RMF 6 6 units per acrc Per new zoning district 6 or RSF 4 or as may be RSF 4 4 units pew a consistent with the Future allowed by ezoning Land Use Element pursuant to the Future Land Use Element S i�,„gle family 50 feet Two-family 804eet Duplex 50 feet Townhouses 40-0-feet 25 feet Multi family Mm .n side and Ain and (-feet) One-(sing-le)-family 10 feet 7.5 feet 15 feet units Two-family 10 feet 5 feet 45 Duplex 10 feet 5 feet 15 feet Townhouse 10 feet 5 feet 15 feet 10 feet 7.5 feet 15 feet more\dwelling , nits Building Standards Single family 1,300 square feet per unit Two family 1,000 square feet per unit Duplex 1,000 square feet per unit Townhouses 1,000 square feet per unit Multi family 750 square feet per unit - •• -- _ . . • .- . .• . . 35 feet not to exceed 3 habitable floors Maximum actual height of accessory screen -- •- - - - - --- -- -- enclosures structures B. Parking Standards Page 113 of 124 Words struck through are deleted,words underlined are added Packet Page-679- 9/25/2012 Item 9.B. DRAFT—9/17/12 C. Architectural Standards ifeoft 1. Buildings and their elements shall adhere to the following: covered entries. b. The primary entrance shall be oriented to the street with the exception of placement. d. All mechanical equipment must be screened with a three (3) foot high equipment, 2. (Reserved) {For illustrative purposes only) 1111 , 1111 1111 1111 \ II-{I IHI ^ f u11 1111 ... illi■1111 �i--- --- '1111" �------,- '1111_ _ "1111 1111 1111 1111 i... ... 1111 1 ::: I: 1111 1111 1111 1111 IIII�IIi l■ ... ... Hull 111 ��• :::: : ell III IiII11111i111 1,111111111 II a l N, dim, I , Single Family Detached Two Story Single Family Detached Two Family/Duplex/Two Story Two Family/Duplex O ,,,....-"'../; alllllllum,,,. lllllllllu.,. IIIIIIIIIMI II 111111 IIIIIIL'llllll iIIIIIIIIIIIw,. ,immlllllumo,. nmaIIIIIIIIIa,,,, nu iiii 0 iiii iiii lllllllIlll IIIIIIIIIIIIII Iuluulllllll uuolllIII III�IiIlllli(II ,, IIIIIIIpI1111I IIIIIIIIIIIIIII I iiii IIIII■ mu I■ nil iiii ills iiii iiii }I sill — _I IIIC Till I_ _I MI Hill_ _il61' nlillio ...ntllllluo:,.. liii11 11 111 II''_III-ul ''1I11 IALI (im am I.I 1,III liliili Townhouse:Single Family Attached Apartments: Multi-Family v-TTAU Ci ■•e9 Page 114 of 124 Words struck ugh are deleted,words underlined are added Packet Page -680- 9/25/2012 Item 9.B. DRAFT—9/17/12 a. A maximum of two feet of fill shall be allowed on site towards meeting NFIP requirements. Additional NFIP hcight requirements shall be b. Open stilt type construction is not permitted. On front yards, the facade c. The garage floor shall not cxcccd twenty four(24) inchcs above the • a. Front porches may encroach seven (7)feet into the front yard setback if with an additional three (3)foot encroachment allowable for entry stairs. b. Front porches must cover a minimum of forty (40)percent of the 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, character of the structure. c. Steps shall encroach no more than three feet into the front yard setback, set1. ck, Front Porches 1 A 1 A } p A A •111 '� I II f A A j Po rches can eh 7FT into Front Yard SelFk A A P anaa+Frgk♦Md ; saw.* 11 , \ 11111 i uuu uu &dews" Ill lI1 Mill, I D II I f II ii I Parkway i- y Ann Ann Porches 40%of sa.ee Front Facade Page 115 of 124 Words stFuelc-thr-eugh are deleted,words underlined are added Packet Page -681- 9/25/2012 Item 9.B. DRAFT-9/17/12 5. Garages and Driveways. a. Other than the permitted driveway, the front yard may not be paved or • c. The distance from the back of the sidewalk to the garage door(GTMUD Figure 10) must be at least 23 feet to allow room to park a vehicle on the not interfere with pedestrian traffic. Garages (For illustrative purposes only) Garage y Garage Minima 23F.,t nom LL — 7 Back of I Sidewalk ' 5 /Front Preh` I y Sidewalk GTMUD Figure 11 Page 116 of 124 Words struck through are deleted,words underlined are added Packet Page -682- 9/25/2012 Item 9.B. DRAFT—9/17/12 Porte eeehere iii •\\ t in A N _. � ♦ i ;a=r fy GTM1 D Cigure 12 6. An accessory unit is a separate structure located at the rear of the property and related to the primary residence (single family detached only)for uses which unit shall not be transferred independently of the primary residence. 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. The maximum height of a structure containing an accessory unit over a garage is limited to a maximum of twenty (20)feet, m asured from the height of twenty six (26)feet to�be4op of the roof. A structure containing only a guest unit must meet NFIP first habitable floor height requirement. Page 117 of 124 Words struck through are deleted,words underlined are added Packet Page -683- DRAFT 9/25/2012-9/17/12 Item 9.B. Front Rear Side Library SRS* 10 feet S� Studio SRS* 10 feet SPS* yep SRS* 15 feet SRS* SRS* 10 feet SRS* cnclocure eer SIBS- 10 feet SRS* Garage SPS* 10 feet SPS* Garage Guesthouse above SPS* 15 feet SPS* Guesthouse SPS* 15 feet SPS*- a. The fence shall no.t exceed 42 inches feet in height. - •o _ ao c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, composite, stucco block or metal. c. Fencing and walls must architecturally complement the primary struct rye Permitted Typical Fencing; (For illustrative purposes only) 11/1 1, ..,. _ - 'a z�' +� �. Y"e .� 111{itii iM l tl' i ,, .8. Landscaping and buffer requirements for new residential development as required i i , . 1 4 1 ' ' by section 4.06.00 of the Code. Page 118 of 124 Words struck through are deleted,words underlined are added Packet Page-684- 9/25/2012 Item 9.B. DRAFT-9/17/12 * * * * * * * * * * * * SUBSECTION 3.K. ADDITION OF SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added as follows: 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W), and Mixed Use (GTMUD-MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre-application meeting is required for all MUP applications. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: The MUP complies with all site development standards as outlined in section 4.02.16 of the LDC; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and iii. The MUP does not seek additional density through the Bonus Density Pool provisions of section 10.02.15 C. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the Board of Zoning Appeals (BZA) through a public hearing process. Page 119 of 124 Words struck through are deleted,words underlined are added Packet Page -685- 9/25/2012 Item 9.B. DRAFT—9/17/12 b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures set forth in section 10.08.00, for conditional use submittal and review. The application shall be accompanied by a conceptual site plan depicting the proposed mixed-use development and noting all requested deviations. In addition to the conditional use findings as set forth in section 10.08.00 D., the following shall be considered: Whether or not the requested use or uses are consistent with and further the redevelopment goals and/or objectives of the Collier County Community Redevelopment Agency (CRA) for the subdistrict(s) in which it is located. In addition to the typical staff analysis for land use petitions, the Collier County Planning Commission (CCPC) may also be guided by written or verbal input from CRA staff. ii. Whether or not the proposed use or uses are appropriate in terms of scale and/or size when considered in the context of the overall MUP and subdistrict. iii. Whether a requested deviation is (1) justified in that the subject LDC provision is not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The applicant shall provide an analysis so the CCPC may consider the existing conditions related to the need for the requested deviation or conversely, strict adherence to the subject LDC provision, in terms feasibility and/or need. iv. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. c. There shall be a public hearing before the BZA, legally noticed and advertised pursuant to section 10.03.05.G. d. After a Mixed Use Project has been approved by the BZA, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BZA and meeting the requirements of section 10.02.03 B.1. of the LDC. The SDP may be submitted concurrent with the MUP application at the applicant's risk. e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: The SDP is not submitted and deemed sufficient for review within one year and approved within two years of MUP approval. ii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. Page 120 of 124 Words struck through are deleted,words underlined are added Packet Page-686- 9/25/2012 Item 9.B. DRAFT-9/17/12 iii. The SDP is considered no longer valid, pursuant to section 10.02.03.B.4.b. and c. f. An approved MUP may be amended subject to the same procedures provided in this section. B. MUP Deviations. 1. Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting, or which have obtained, MUP approval through a public hearing process. Deviations to the following land development standards may be granted, providing such deviation requests demonstrate compliance with the applicable criteria. 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following LDC provisions: a. Front Setback. These deviation requests shall be subject to the process and procedures of sections 5.05.08 F.1. - 3. Deviations and Alternate Compliance, except that in order to be eligible for an administrative deviation the site shall meet at least one of the following conditions or circumstances: a) If constructed where otherwise required, the building(s) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) The property has a unique or challenging parcel shape or boundary, such as a narrow lot frontage on the public street. ii. In order to administratively approve a front setback deviation, the proposed design shall create a connective and walkable environment by demonstrating a comparable relationship between proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and associated parking facilities and transit alternatives. b. Architectural and Site Design Standards. These deviation requests shall be subject to the process and procedures of sections 5.05.08 F.1. — 3. and 5. Deviations and Alternate Compliance. c. Landscape and Buffer Requirements. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be Page 121 of 124 Words struek4hreugh are deleted,words underlined are added Packet Page -687- 9/25/2012 Item 9.B. DRAFT-9/17/12 subject to the process and procedures of sections 5.05.08 F.1. — 3. Deviations and Alternate Compliance, and must additionally provide a minimum of 110 percent of the open space requirement for mixed use projects in addition to other conditions that the County Manager or designee deems necessary. d. Parking Standards. These deviation requests shall be subject to the process and procedures of section 4.05.04. F.2. 3. In order to provide for maximum flexibility, an applicant may request a deviation in addition to the administrative deviations specifically identified in section 10.02.15 B.2 as part of a MUP Public Hearing process. Requests to deviate from LDC provisions where compliance is not practical, feasible, desirable, or warranted in a mixed use project shall include a written justification for any such deviation. The review of these deviations shall be guided by the following considerations: a. Whether a requested deviation is (1) justified in that the subject LDC provision is either not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The application shall provide an analysis of existing conditions and the impact of either the requested deviation or strict adherence to the subject LDC provision, in terms feasibility and/or need. b. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. 4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the provisions of section 250-58 of the Collier County Code of Laws and Ordinances. C. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These bonus density units may be allocated between the BMUD and GTMUD overlays, and shall only be allocated through a public hearing approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. 1. The project shall be within the Neighborhood Commercial (BMUD-NC), Waterfront (BMUC-W), or Commercial Mixed Use (GTMUD-MXD) Subdistricts, and shall be a mixed use project. 2. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the Page 122 of 124 Words struck-through are deleted,words underlined are added Packet Page -688- 9/25/2012 Item 9.B. DRAFT-9/17/12 underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. 3. For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area (CHHA). 4. The project shall comply with the standards for mixed use development set forth in section 4.02.16 C.B. 5. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. Page 123 of 124 Words struck through are deleted,words underlined are added Packet Page -689- 9/25/2012 Item 9.B. DRAFT-9/17/12 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ***DRAFT*** Heidi Ashton-Cicko, Esquire Managing Assistant County Attorney 04-CMD-01077/1036 (9-17-12) Page 124 of 124 Words struck through are deleted,words underlined are added Packet Page-690- • 9/25/2012 Item 9.B. • • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE '. September 25, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS • NOTICE OF LAND DEVELOPMENT CODE CHANGE ' ' LDC AMENDMENT CYCLE 2012-1 . Notice is hereby given that on September 23,2012,In the Board of County Commissioners Meeting Room,3rd Floor,Building•F,-Collier ' County Government Center,3299 Tanlami Trail East,Naples,Florida 34112,the Collier County Board of County Commissioners wiH 4 consider amendments to the Collier"County Land Development Code.The meeting will commence at 9:00 A.M.The titles of the proposed ' ordinances are as follows: . • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, . AS AMENDED,THE COWER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR • THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION.TWO,FINDINGS OF FACT,SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FDL- - LOWING:CHAPTER 1-GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS,SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS;CHAPTER THREE -RESOURCE PROTECTION,INCLUDING SECTION 3.06.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRES- ERVATION,SECTION 3.05.06 CRIIENA FOR REMOVAL OF PROTECTED VEGETATION,SECTION 3.06.07 PRESERVATION STANDARDS,SECTION 3.06.06 REGULATED WELLFELDS, SECTION 3.0687 UNREGULATED WELLRELDS,SECTION 3.06.12 REGULATED DEVELOPMENT;CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4,02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS,SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN,SECTION 4.02.14 DESIGN STANDARDS FOR DE- VELOPMENT IN THE ST AND ACSC-ST DISTRICTS,SECTION 4.05.02 DESIGN STANDARDS,SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS,SECTION 4.08.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY,SECTION 4.06..04 TREES AND VEGETATION PROTECTION,SECTION 4.07.02 DESIGN REQUIREMENTS;CHAPTER FIVE-SUPPLEMEN- TAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND WALLS,SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN • ' . RESIDENTIAL DISTRICTS,SECTION 6.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES,SECTION 5.06.04 DEVELOP- MENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION 686.06 EXEMPTIONS FROM THESE REGULATIONS;CHAPTER SIX -INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBUC FACILRES REQUIREMENTS,INCLUDING SECTION 6.02.01 GENERALLY,SEC- 4 TIM 8.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS,SECTION 6.06.01 STREET SYSTEM REQUIREMENTS,SECTION 6.0802 • in SIDEWALKS,BIKE LANE AND PATHWAY REQUIREMENTS;CHAPTER NNE-VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMTNES,SECTION 604.02 TYPES OF VARIANCES AUTHORIZED;CHAPTER TEN- SA - APPUCATION,REVIEW,AND DECISION-NWLMG PROCEDURES,INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED,SECTION ' • N 10.0203 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS,SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS OPLANS,SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS,SECTION 1002.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF N PUBLIC FACILITY ADEQUACY,SECTION 10.02.13 PLANNED UNIT DEVELOPMENT(PUD)PROCEDURES,SECTION 10.03.05 NOTICE REQUIRE- . RENTS FOR PUBUC HEARINGS BEFORE THE BCC,THE PLANNING COMMISSION,THE BOARD OF ZONING APPEALS,THE PAC,AND THE HIS- N.. TORIC PRESERVATION BOARD,SECTION 1088.00 CONDITIONAL USES PROCEDURES;APPENDIX A-STANDARD PERFORMANCE SECURITY i DOCUMENTS FOR REQUIRED IMPROVEMENTS;SECTION FOUR,CONFLICT AND SEVERABILRY SECTION FIVE,INCLUSION IN THE COWER CD COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE . and E AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA, AMENDING.ORDINANCE 11 NUMBER 04-41,AS AMENDED,THE COWER COUNTY LAND DEVELOPMENT CODE,WHICH INCWOES THE COMPREHENSIVE • Q LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDIN)FOR:SECTION ONE, _ -N • RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT . U) CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER 1-GENERAL PROVISIONS,INCLUDING SECTION 1.06.02. y, DEFINITIONS;CHAPTER TWO- ZONING DISTRICTS AND USES,INCLUDING SECTION 203.67 OVERLAY ZONING DISTRICTS; • ID. CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DE- •a- VELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT,SECTION 4.02.17 DESIGN STANDARDS FOR DEVEL= N. OPMENT IN THE BMUD-WATERFRONT SUBDISTRICT,SECTION 4.0218 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- C RESIDENTIAL SUBDISTRICT(R1),SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAUD.-RESIDENTIAL' -p SUBDISTRICT(R2),SECTION 4.0220 DESIGN STANDARDS FOR DEVELOPMENT"IN THE BAUD-REINDENTIIAL SUBDISTRICT(FFi),' N SECTION 4.0221 DESIGN STANDARDS FOR DEVELOPMENT 04 THE BMUD-RESIDENTIAL SUBDISTRICT(R4),SECTION 4.0E35 DE= SIGN STANDARDS FOR DEVELOPMENT IN THE CTMUD-MIXED USE SUBDISTRICT(MID),SECTION 4.0238 DESIGN STANDARDS FOR DEVELOPMENT IN THE OTMUD-RESIDENTIAL SUBDISTRICT(FIG;CHAPTER TEN-APPLICATION,REVIEW,AND DECISION- ....:I.- OO MAKING PROCEDURES,INCLUDING ADDING SECTION 10.02.15 MIXED USE PROJECT,PROCEDURES WITHIN THE BAYSHORE, GATEWAY TRIANGLE REDEVELOPMENT AREA; SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,'.INCLUSION IN in THE COWER COUNTY LAND DEVELOPMENT CODE;AND SECTION SOX,EFFECTIVE DATE. W • '! . Z The proposed changes are pri- easily County-wide. The maps ;;,44111111:',:'. iE6 �' } below show the areas affected -3. (iI1 Q-- - by the changes to the Welltield y ': .-.. .Frisk Management Special Treat- ems• pc 1 {BFI, D went Overlay zones under Sec- :�_ . � �i�UI Non 3.06.06 of the LDC,the arms W affected by the charges to the 1!e� II. �i as ore Oath Mixad Lim Over- `t � 1, �® 1�D- lay Dstrict and Gateway Triangle )S� -Q Mixed Use Overlay District In Sec- Y� 141, si - Z ton 2.03.07 of the LDC,all w thin • C- �the Bayshore Getaway Triangle _ . CRA. _,tliMemsmINe161liiiiI0111MIIM .. All interested parties are Invited to appear and be heard. Copies of the proposed ordinances we available for public inspection in the Business Center,Growth Management Division,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M., . Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East,Naples,one week prior to the scheduled hearing. . If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter conaid- . ered at such meeting or hearing,he wE need a record of the proceedings,end for such purpose he may need to ensure that a verbatim record of the proceedings Is made,.which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to . you,to the provision of certain assistance.Phase contact the Collier County Facilities Management Department,at 3335 Tartiami Trail East, Suite 101,Naples,FL 34112-5358,(239)252-8380,at least two days prior to the meeting,Assisted listening devices for the hewing Impaired . are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners-Collier County,Florida - Fred W.Coyle,Chairman-Dwight E.Frock,Clerk . . By:Martha Vergara,Deputy Clerk-(SEAL) No.240192949 Seotember 12.2012 • Packet Page-691- , Collier County Board of County Commissioner Tuesday, September 25,2012 Agenda for Land Development Code(LDC)Amendment review LDC Amendment Description Summary Section . Sheet Page, Board Directed Amendment 10.02.13 Planned Unit Development(PUD)Procedures(affordable housing monetary 9 contribution removal option) Environmental Amendment 3.05.02 E Exemptions from Requirements for Vegetation Protection and Preservation 2 3.05.05 Criteria for Removal of Protected Vegetation(Mangrove Permit) GMD Efficiency Amendment 10.02.04 Submittal Requirements for Plats 8 Bayshore Triangle Community Redevelopment Agency Amendment Will be presented at 5:05 p.m., time certain 2.03.07 G Overlay Zoning Districts(Bayshore CRA— revisions) 1 1.08.02 Definitions 4.02.16 Design Standards for the BMUD—Neighborhood Commercial Subdistrict; 4.02.17 Design Standards for the BMUD—Waterfront Subdistrict; 4.02.18 Design Standards for the BMUD—Residential Subdistrict(RI); 4.02.19 Design Standards for the BMUD—Residential Subdistrict(R2); 4.02.20 Design Standards for the BMUD—Residential Subdistrict(R3); 4.02.21 Design Standards for the BMUD—Residential Subdistrict(R4); 4.02.35 Design Standards for the GTMUD—Mixed Use Subdistrict(MXD); 4.02.36 Design Standards for the GTMUD—Residential Subdistrict(R); 10.02.00 Application Requirements Wellfeld and Related Amendments Will be presented a t.5:05 p.m.,'time certain 3.06.06 A Regulated Wellfields—City of Naples East Golden Gate Wellfield 3 3.06.06 B Regulated Wellfields—City of Naples Coastal Ridge Wellfield 3 3.06.06 C Regulated Wellfields—Collier Co.Utilities Golden Gate Wellfield 4 3.06.06 D Regulated Wellfields—Everglades City Wellfield 4 3.06.06 E Regulated Wellfields—FGUA Golden Gate City Wellfield 5 3.06.06 F Regulated Wellfields—Orange Tree Wellfield 5 3.06.06 G Regulated Wellfields—Immokalee Wellfield 6 3.06.06 H Regulated Wellfields—Ave Maria Utility Comp Wellfield 6 3.06.06 I Regulated Wellfields—Add Port of the Islands 7 3.06.06 I. 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Q w r cn O � II p N N O I U flNNN © p d' a ,� = _'' N - - "C 44 2 -6 V. •L ' z U CD C3 el C, N if N U 'CS O > ° n N 01 w''g Q cd 0 0 U by N a N � Q0 � o z5 U � � 0 i T by > . a 0 tin c ? `� � � a ° -0 � cn a i ai cn �U et .r. '. 0 aN Ta, S a U 0 0 — toU c°y ltcs' Q U .:'a Growth Management Division Board Directed Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board Directed AUTHOR: Nick Casalanguida, Administrator, Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.02.13 Planned Unit Development(PUD) Procedures CHANGE: The LDC outlines procedures for substantial and insubstantial changes to a Planned Unit Development (PUD) in subsection 10.02.13 E. This amendment proposes to add a minor change provision which authorizes the County Manager or designee to make a text change to remove an affordable housing monetary contribution requirement within a PUD Ordinance, Development Agreement, or Settlement Agreement. The procedure would be an administrative approval process with a public notice requirement. If a notified property owner submits a letter of objection to the minor change, the text change would be reviewed by the Collier County Planning Commission. Reformatting and correction of citation errors. REASON: The Board of County Commissioners has requested a method for PUDs to be able to remove affordable housing monetary contribution requirements within a PUD Ordinance, Development Agreement, or Settlement Agreement. FISCAL & OPERATIONAL IMPACTS: The Planning and Zoning staff will process the applications for the proposed process and prepare the appropriate materials for the Board of County Commissioners should an application receive a letter of objection. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: The County is required to provide affordable housing for persons in the very-low, low and moderate income ranges (Objective 1 of the Housing Element). The removal of the affordable housing monetary contribution requirement from PUD Ordinances, Development Agreements, or Settlement Agreements will reduce the available dollars dedicated for future "restricted" affordable housing units within the County. This amendment does not impact affordable housing approved as part of a PUD, with or without the affordable housing density bonus, as provided in the Future Land Use Element density rating system. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services on March 6, 2012, Edited March 29, 2012, May 29, 2012, June 19, 2012, June 27, 2012,August 3, 2012 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\10 02 13 E PUD procedures_PDI change 083012.docx 9/13/2012 4:46 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Amend the LDC as follows: 1 10.02.13 Planned Unit Development(PUD) Procedures 2 3 E. Changes and amendments. There are three types of changes to a PUD Ordinance: 4 Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD 5 document shall require the same procedure as for amending the official zoning atlas, 6 except for the removal of a commitment for payment towards affordable housing which 7 is considered to be a minor change as described in Section 10.02.13 E.3.c. 8 1. Substantial/insubstantial changes. Any substantial change(s) to an approved 9 PUD master plan Ordinance shall require the review and recommendation of the 10 Planning Commission and approval by the Board of County Commissioners as a 11 PUD amendment prior to implementation. Applicants shall be required to submit 12 and process a new application complete with pertinent supporting data, as set 13 forth in sections 10.02.13 A and B. A . - _ _ . -e- _ _ - __ _ -0 14 _ - _ . - _ __ _ - _ - - -• _ __ - -- _ . For the 15 purpose of this section, a substantial change shall be deemed to exist where: 16 a. There is a proposed change in the boundary of the PUD; or 17 b. There is a proposed increase in the total number of dwelling units or 18 intensity of land use or height of buildings within the development; 19 c. There is a proposed decrease in preservation, conservation, recreation or 20 open space areas within the development not to exceed 5 percent of 21 the total acreage previously designated as such, or 5 acres in area; 22 d. There is a proposed increase in the size of areas used for nonresidential 23 uses, to include institutional, commercial and industrial land uses Atow 24 (excluding preservation, conservation or open spaces), or a proposed 25 relocation of nonresidential land uses; 26 e. There is a substantial increase in the impacts of the development which 27 may include, but are not limited to, increases in traffic generation; 28 changes in traffic circulation; or impacts on other public facilities; 29 f. The change will result in land use activities that generate a higher level of 30 vehicular traffic based upon the Trip Generation Manual published by the 31 Institute of Transportation Engineers; 32 g. The change will result in a requirement for increased stormwater 33 retention, or will otherwise increase stormwater discharges; 34 h. The change will bring about a relationship to an abutting land use that 35 would be incompatible with an adjacent land use; 36 i. Any modification to the PUD master plan or PUD document or 37 amendment to a PUD ordinance which is inconsistent with the future land 38 use element or other element of the growth management plan or which 39 modification would increase the density or intensity of the permitted land 40 uses; 41 j. The proposed change is to a PUD district designated as a development 42 of regional impact (DRI) and approved pursuant to F.S. § 380.06, where 43 such change requires a determination and public hearing by Collier 44 County pursuant to F.S. § 380.06(19). Any change that meets the 45 criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master 46 plan that clearly do not create a substantial deviation shall be reviewed 47 and approved by Collier County under this section 10.02.13 of this Code; Amw, 48 or 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\10 02 13 E PUD procedures_PDI change 083012.docx 9/13/2012 4:46 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 k. Any modification in the PUD master plan or PUD document or 2 amendment to a PUD ordinance which impact(s) any consideration 3 deemed to be a substantial modification as described under this section 4 10.02.13 5 2. Proccdurc for substantial/insubstantial Insubstantial change determination. An 6 insubstantial change includes any change that is not considered a substantial or 7 minor change. An insubstantial change(s) to an approved PUD Ordinance based 8 upon an evaluation of subsection 10.02.13 E.1 shall require the review and 9 approval of the Planning Commission based on the findings and criteria used for 10 original applications as an action taken at a regularly scheduled meeting. 11 a. The applicant shall provide the Planning Services Department Director 12 documentation which adequately describes the proposed changes along 13 with the appropriate review fee prior to review by the Planning 14 Commission. The PUD master plan map shall show all data normally 15 required for submittal of a PUD master plan unless it is otherwise 16 determined not to be necessary, describing the proposed changes in: 17 land use; densities; infrastructure; open space, preservation or 18 conservation areas; area of building square footage proposed for 19 nonresidential development; change in potential intensity of land use and 20 related automobile trip movements, and relationships to abutting land 21 uses. In addition, the applicant, for evaluation of PUD master plan 22 revisions, shall provide a detailed written narrative describing all of the 23 change(s) and the reasons for the request. Upon receipt of the amended 24 PUD master plan, the Planning Services Department Director shall review 25 said plan against criteria established within section 10.02.131-2 E.1 above 26 and may forward the plan to any other agency, division or authority 27 deemed necessary for review and comment. 28 3. Substantial changes procedures. Changes, as identified in section 10.02.12 E.1, 29 - - -- - - - - - - -- - - - - - .-e 30 the applicant shall be required to submit and process a new application 31 complete with pertinent supporting data, as set forth in sections 10.02.12 A. and 32 33 /1. Insubstantial changcs proccdurcs. Any insub^ - - - _- _ _ .55 _ . - 34 PUD master plan based upon an evaluation of subsection 10.02.12 E.1 shall 35 36 - - - - - - - - - - -- -- - - - - - -37 regularly scheduled meeting. 38 5. Language changes. Language changes to a previously approved PUD document 39 _ -- -- - - '- - - - - - - 40 83. Minor changes_ not otherwise provided for. The following are considered minor 41 changes, and may be approved by the County Manager or designee under the 42 procedures established in this section. - _- _-5- ___ - 43 '- - - - e - - - _ - - -- - _- , 44 _ __ _ _ - ._ -._- _ - - _ _ _ _ - _ _ . _ • 45 adjacent land uses, minor changes may become necessary during the 46 - - 47 a. Educational and ancillary plants exception. When a PUD is amended 48 for the sole purpose of adding an Educational and/or ancillary plant, 49 that PUD will not be subject to the review process outlined in section 50 10.02.1342 E.1. The review conducted will be limited to the impacts that 51 the Educational or ancillary plant will have on the surrounding uses. 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\10 02 13 E PUD procedures_PDI change 083012.docx 9/13/2012 4:46 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 b. The County Manager or his designee shall also be authorized to allow 2 minor changes to the PUD master plan during its subdivision 3 improvements plan or site development plan process to accommodate 4 topography, vegetation and other site conditions not identified or 5 accounted for during its original submittal and review and when said 6 changes have been determined to be compatible with adjacent land 7 uses, have no impacts external to the site, existing or proposed, and is 8 otherwise consistent with the provisions of this code and the growth 9 management plan. Such changes shall include: 10 a i. Internal realignment of rights-of-way, including a relocation of 11 access points to the PUD itself, where no water management 12 facility, conservation/preservation areas, or required easements 13 . are affected or otherwise provided for. 14 b ii. Relocation of building envelopes when there is no encroachment 15 upon required conservation or preservation areas. 16 E iii. Relocation of swimming pools, clubhouses, or other recreation 17 facilities when such relocation will not affect adjacent properties 18 or land uses. 19 d iv. Relocation or reconfiguration of lakes, ponds, or other water 20 facilities subject to the submittal of revised water management 21 plans, or approval of the EAC where applicable. 22 Minor changes of the type described above shall nevertheless be 23 reviewed by appropriate staff to ensure that said changes are otherwise 24 in compliance with all county ordinances and regulations prior to the 25 Planning Services Department Director's consideration for approval. 26 c. Affordable housing commitments. Beginning [effective date of 27 Ordinance), the County Manager or designee shall be authorized to make 28 minor text changes to remove affordable housing commitments to pay 29 an affordable housing contribution in PUDs, Development 30 Agreements, and Settlement Agreements if the following conditions are 31 met: 32 i. The applicant notices property owners in writing in accordance 33 with sections 10.03.05 B.10 or 10.03.05 B.11 as may be 34 applicable. 35 ii. If no written objection is received, the request to remove 36 commitments is deemed approved. 37 iii. If a property owner who receives notice submits a written 38 objection within 30 days of the mailing of the notice, the matter 39 shall be scheduled for public hearing before the Board of County 40 Commissioners. Public notice shall comply with subsection 41 10.03.05 B.13 of the LDC. 42 # # # # # # # # # # # # # 4 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\10 02 13 E PUD procedures_PDI change 083012.docx 9/13/2012 4:46 PM ca per cort-Hty Growth Management Division Environmental Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division–Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Natural Resources Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected Vegetation CHANGE: Revise exemption and permitting requirements for mangroves, for consistency with State law. Revise general language for clearing to address the concerns of stakeholders and the Planning Commission. Re-letter remaining subsections. REASON: Under Section 403.9321, F.S. et seq, the County may not regulate trimming and alteration of mangroves per Section 403.9324, F.S., unless permitting has been delegated to the County from the State. Subsections 403.9324(1-3), F.S., state the following: 403.9324 Mangrove protection rule; delegation of mangrove protection to local governments.— (1) Sections 403.9321-403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration of mangroves on privately or publicly owned lands. All other state and local regulation of mangrove is as provided in subsection(3). (2) The department shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation, if the local government meets the requirements of this section. To receive delegation, a local government must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a delegated mangrove-regulatory program. When a county receives delegation from the department, it may, through interlocal agreement, further delegate the authority to administer and enforce regulation of mangrove trimming and alteration to municipalities that meet the requirements of this section. In no event shall more than one permit for the alteration or trimming of mangroves be required within the jurisdiction of any delegated local government. 1 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term (3) A local government that wants to establish a program for the regulation of mangroves may request delegation from the department at any time. However, all local government regulation of mangroves, except pursuant to a delegation as provided by this section, is abolished 180 days after this section takes effect. The Mangrove Trimming and Preservation Act does allow governments to restrict trimming or alteration of mangroves on uninhabited islands which are publicly owned or on lands which have been set aside for conservation and preservation, or mitigation. Subsection 403.9323(2), F.S., states the following: 403.9323 Legislative intent.— (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans. The definitions from 403.9325, F.S.,provide further clarification. 403.9325 Definitions.—For the purposes of ss. 403.9321-403.9333,the term: (1) "Alter"means anything other than trimming of mangroves. (2) "Local government"means a county or municipality. (3) "Mangrove" means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4) "Mangroves on lands that have been set aside as mitigation" means mangrove areas on public or private land which have been created, enhanced, restored, or preserved as mitigation under a dredge and fill permit issued under ss. 403.91-403.929, Florida Statutes (1984 Supplement, as amended), or a dredge and fill permit, management and storage of surface waters permit, or environmental resource permit issued under part IV of chapter 373, applicable dredge and fill licenses or permits issued by a local government, a resolution of an enforcement action, or a conservation easement that does not provide for trimming. (5) "Professional mangrove trimmer" means a person who meets the qualifications set forth in s. 403.9329. (6) "Public lands set aside for conservation or preservation"means: (a) Conservation and recreation lands under chapter 259; (b) State and national parks; (c) State and national reserves and preserves, except as provided in s. 403.9326(3); (d) State and national wilderness areas; (e) National wildlife refuges (only those lands under Federal Government ownership); 2 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term (f) Lands acquired through the Water Management Lands Trust Fund, Save Our Rivers Program; (g) Lands acquired under the Save Our Coast program; (h) Lands acquired under the environmentally endangered lands bond program; (i) Public lands designated as conservation or preservation under a local government comprehensive plan; (j) Lands purchased by a water management district, the Fish and Wildlife Conservation Commission, or any other state agency for conservation or preservation purposes; (k) Public lands encumbered by a conservation easement that does not provide for the trimming of mangroves; and (1) Public lands designated as critical wildlife areas by the Fish and Wildlife Conservation Commission. (7) "Riparian mangrove fringe" means mangroves growing along the shoreline on private property, property owned by a governmental entity, or sovereign submerged land, the depth of which does not exceed 50 feet as measured waterward from the trunk of the most landward mangrove tree in a direction perpendicular to the shoreline to the trunk of the most waterward mangrove tree. Riparian mangrove fringe does not include mangroves on uninhabited islands, or public lands that have been set aside for conservation or preservation, or mangroves on lands that have been set aside as mitigation, if the permit, enforcement instrument, or conservation easement establishing the mitigation area did not include provisions for the trimming of mangroves. (8) "Trim" means to cut mangrove branches, twigs, limbs, and foliage, but does not mean to remove, defoliate, or destroy the mangroves. This proposed LDC amendment was drafted with assistance from staff from the County Attorney Office. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County as trimming of mangroves is currently regulated by the State of Florida. The County cannot regulate trimming or alteration of mangroves unless permitting has been delegated to the County by the State. RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no impact on the GMP. OTHER NOTES/VERSION DATE: November 23, 2011. Amended December 16, 2011, March 12, 2012, June 26, 201, July 27, 2012, August 3, 2012, August 10, 2012, August 22, 2012,August 27, 2012 Amend the LDC as follows: 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 2 •3 E. ---e - - - - - - - - - e - - ee - - - - - - - - _ _ - - -• _ -_ 4 - • - -- -- - - ••-- _ _ __ _ __ .. -- --•-- - - -- 5 • • - - --- . ! - - --- e - • - - - . .e- ..e. - - -- 6 mangrove trees, unle°s they are a part of a preserve. This exemption shall not apply to 7 mangrove alterations or removal in any preserve or in any area where the mangrove 8 _--- - _ --- - - -- - - - - .■ -- -- - --- - 9 Advisory Council (EAC) may grant a variance to the provisions of this section if 10 - - - - -- - - - - - -- - - - - - - -- - - - -- - 11 - - - -- - - - - - - • - - - - - - - - - - 12 affected property. Mangrove trimming or removal for a view shall not be considered a 13 _ _ -• . - - -- - - -- - - -- ----e- - - - -.se - - - - 14 -- _ - - - • - - - _ - -- - - - - - - -- - -15 that the grant of a variance will be consistent with the intent of this division and the 16 growth management plan. Mangrove Trimming and alteration that is exclusively 17 governed by the State pursuant to the Mangrove Trimming and Preservation Act, 18 Sections 403.9321 through 403.9333, F.S. 19 F. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter 20 mangrove trees, a vegetation removal permit for clearing 1 acre or less of land is not 21 required for the removal of protected vegetation, other than a specimen tree on a 22 parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non-sending 23 lands, non-NRPA, noncommercial zoning districts in which single-family lots have been 24 subdivided for single-family use only, where the following conditions have been met: 25 1. A building permit has been issued for the permitted principal structure (the 26 building permit serves as the clearing permit); or 27 2. The permitted principal structure has been constructed, and the property owner 28 or authorized agent is conducting the removal, and the total area that will be 29 cleared on site does not exceed on acre. 30 3. All needed environmental permits or management plans have been obtained 31 from the appropriate local, state and federal agencies. These permits may 32 include but are not limited to permits for wetland impacts or for listed species 33 protection. 34 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use 35 District, a higher native vegetation protection requirement may not allow for the 36 full one acre of clearing. 37 # # # # # # # # # # # # 38 3.05.05 Criteria for Removal of Protected Vegetation 39 40 -•- - - _ -- - - -- - - - - -- - - - -- - _ 44 e e - - • e . .e- e -- _ -.•-- - --- . .e- - - . _- -- - - - - - - -- 45 ' _. - _ _ _ _e _ _ •- -ccordance with the criteria set forth in this section. In addition, a 46 Native vegetation shall be retained within proposed developments where existing vegetation 47 would be expected to survive in open space areas or buffers, where site improvements or 48 changes in elevation are not proposed or required. A vegetation removal permit may be issued 49 under the following conditions: 50 51 G. The proposed mangrove alteration has a DEP permit, or meets the permitting 52 _ __ _ - _ _. . . - -- - _ - . - , • - - -- - - 4 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 '. - 2 vegetation preservation requirements. 3 14G. Removal of vegetation for approved mitigation bank sites (as defined by the 4 Florida Administrative Code); state, federal or county approved or endorsed 5 environmental preservation, enhancement, or restoration projects, shall be 6 permitted. Vegetation removal permits issued under these criteria are valid for 7 the period of time authorized by such agency permits. 8 Vegetation relocation plan. If vegetation relocation is proposed by the applicant 9 prior to site development plan, construction plan or other final approvals, a 10 vegetation relocation permit (vegetation removal permit) may be issued by the 11 County Manager or his designee provided that it can be demonstrated that early 12 transplantation will enhance the survival of the relocated vegetation. The 13 vegetation relocation plan shall document methods of relocation, timing of 14 relocation, watering provisions, maintenance and other information as required 15 by the County Manager or his designee. 16 di. Landscape plant removal or replacement. The removal or replacement of 17 approved landscaping shall be done in accordance with the regulations that 18 guide the landscape plans reviews and approvals in section 4.06.00. A 19 vegetation removal permit will not be issued for the removal or replacement of 20 landscape plants. That approval must be obtained through an amendment 21 process to the landscape plan or as otherwise authorized by permit by the Collier 22 County Landscape Architect. 23 KJ. Removal of vegetation for firebreaks approved by the State of Florida, Division of 24 Forestry, shall be permitted. The width of the approved clearing shall be limited 25 to the minimum width determined necessary by the Division of Forestry. 26 LK. A State or Federal permit issuance depends on data that cannot be obtained 27 without preliminary removal of some protected vegetation. The clearing shall be 28 minimized and shall not allow any greater impacts to the native vegetation on 29 site than is absolutely necessary. Clearing shall be limited to areas that are 30 outside any on-site preserves, as identified on the PUD master plan, 31 Plat/Construction Plans or Site Development Plan. 32 AIL. In conjunction with a Collier County approved Preserve Management Plan, 33 native vegetation clearing may be approved only when it is to improve the 34 native habitat or to improve listed species habitat. 35 NM. Conservation Collier projects which may need minimal clearing for parking, 36 pathways for walking, or structures that may not require site plan approvals. 37 ON. Early clearing will be allowed as part of a final review of an SDP or PPL, after the 38 Environmental Services Review Staff approves the necessary components of the 39 project to ensure the appropriate environmental protection and preservation on 40 site. This can only be allowed after the following are completed and approved: 1) 41 final configuration and protection of the preserve is complete, 2) the conservation 42 easements are completed and approved by both the environmental review staff 43 and the county attorney's office, 3) the environmental review staff has approved 44 the clearing of the site through the site clearing/preservation plan, 4) copies of all 45 applicable Federal, State, and Local permits must be submitted and reviewed 46 against the site clearing/preservation plan. This early clearing does not authorize 47 approval for excavation, spreading fill, and grading. That must be approved 48 through a preliminary work authorization process in accordance with section 49 10.02.04.4.f. If for any reason the underlying SDP or PPL is not approved, the 50 property owner will be responsible for revegetation of the site in accordance with 51 Section 4.06.04.A.1.a.vii. 52 PO. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if 5 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions'Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 required, shall be provided from the Florida Fish and Wildlife Conservation 2 Commission and U.S. Fish and Wildlife Service authorizing the removal of the 3 nest, in accordance with state and federal permit requirements, prior to issuance 4 of a County permit. Removal of vegetation containing an active, inactive or 5 abandoned nest may be allowed when: 6 1. The vegetation is located on a single-family lot, and is located in such a 7 manner that either: 8 a. the principal structure cannot be constructed, or 9 b. access to the property is impeded. 10 2. The protected vegetation poses an imminent threat to human safety or 11 an adjacent principal or accessory building. 12 3. The vegetation is located outside of a preserve or an area used to fulfill 13 the native vegetation preservation requirements of this Code. 14 # # # # # # # # # # # # # 6 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx O 7tr �r07itlYi�y Growth Management Division Efficiency Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Nick Casalanguida, Administrator, Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.02.04 Submittal Requirements for Plats CHANGE: Currently, a developer has the option of submitting a Preliminary Subdivision Plat or a Final Plat. Most often, applicants prepare a Final Plat for review by the County. The Preliminary Subdivision Plat option is utilized when the division of land is more complicated, such as incorporating easements or environmentally sensitive lands. Following a Preliminary Subdivision Plat approval,the applicant proceeds to a Final Plat application, The LDC allows for one site development plan (SDP) to be submitted concurrently with the second review of the Final Plat. The amendment proposes to remove the limitation of submitting one SDP and allow more than one SDP to be submitted concurrently with the second review of the Final Plat. The proposed multi-step process is as follows: 1) Applicant submits the Final Plat to Collier County for approval. 2) Collier County Staff provide the first set of review comments on the Final Plat. 3) Applicant submits responses to staff's first set of review comments on the Final Plat and submits one or more site development plans(s). REASON: In the past, the volume of SDPs submitted to the County was much greater than current levels. The proposed change will allow a developer to submit multiple SDPs concurrently with the second review of the Final Plat. For example, an applicant may wish to submit the Club House and Multi-family SDPs at the same time Currently, these would be submitted separately. FISCAL & OPERATIONAL IMPACTS: County staff will likely see an increase in staff time dedicated to the tracking the SDPs submitted with the secondary review of the Final Plat. Fees will remain the same for all submittals. This limitation on the number of SDPs is viewed as a hindrance to the development time frame. The proposed change will allow a shorter review time for applicants. Please see the attached letter provided by a member of the development community. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: N/A I I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\10 02 04 Submittal Requirements for Plats 082712.docx Caroline Cilek 9/13/2012 11:34:33 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, August 6, 2012, August 27, 2012 Amend the LDC as follows: 1 10.02.04 Submittal Requirements for Plats 2 * * * * * * * * * * * * 3 C. Relationship of Plats to Site Development Plans. No site development plan may 4 be accepted for concurrent review with a preliminary subdivision plat. Once the 5 preliminary subdivision plat has been approved, site development plans may be 6 submitted for review concurrent with the submittal of the final plat. No site 7 development plan may be approved until the final plat receives administrative 8 approval, and no building permits may be issued until the final plat is recorded, 9 except for those development amenities which are excluded from the provisions of 10 section 10.01.01 in accordance with section 10.02.03.A.2. of this Code. Where no 11 preliminary subdivision plat is contemplated, one Site Development Planfal may 12 be submitted for concurrent review with the final plat at such time as the applicant 13 submits the response to the first staff review comments. Approval of the SDP will be 14 withheld until the final plat has received administrative approval, and no building 15 permits may be issued until the final plat has been recorded. 16 # # # # # # # # #' # # # # 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512\10 02 04 Submittal Requirements for Plats 082712.docx Caroline Cilek 9/13/2012 11:34:33 AM Cc) per cou �y Growth Management Division Bayshore Gateway Triangle Redevelopment Agency Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: Fiscal and operational impacts for the County will be minimal and limited to increased time in becoming familiar with new regulations. Many regulations have been modified to allow for administrative approvals, which should minimize the staff time dedicated to organizing and preparing for a public hearing. RELATED CODES OR REGULATIONS: Collier County Land Development Code (LDC) GROWTH MANAGEMENT PLAN IMPACT: The amendments will not have any impacts on the GMP. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1 1.08.02 Definitions 2 * * * * * * * * * * * * * 3 Artist Village:A residential development intended exclusively for the housing of artists, 4 such as painters, sculptors and jewelry makers, and that consists of one or more multifamily 5 attached dwellings, clustered single-family detached dwellings, or a combination thereof, with 6 shared studio and/or gallery space that may be used by all residents. 7 * * * * * * * * * * * * * 8 Community Garden:A single piece of land managed and maintained by a group of 9 individuals to grow and harvest food crops and/or non-food, ornamental crops such as flowers, 10 for personal or group use, consumption or donation. Community gardens may be divided into 11 separate plots for cultivation by one or more individuals or may be farmed collectively by 12 members of the group and may include common areas maintained and used by group 13 members. 14 * * * * * * * * * * * * * 15 Live-Work Units: A dwelling unit in which a significant portion of the space includes a 16 non-residential use that is operated by the tenant. 17 * * * * * * * * * * * * * 18 Mixed use project approval process: A process by which a land owner may petition the 19 BCC for approval of a mixed use project — a mix of commercial and residential uses, as 20 provided for in certain zoning overlay districts. If located within certain subdistricts in the 21 Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, 22 such a petition may include a request for increased density by use of bonus density pool units. 23 # # # # # # # # # # # # 24 2.03.07 Overlay Zoning Districts 25 * * * * * * * * * * * * * 26 27 --- -•- - - -- - ee-- - -e... -- e E. _ - S .. - - - - -- -- _ _ . 28 - - • - - - _-- -- - •- -- - - - "_„ - •- - -- . - - - - -- - 29 County Zoning Atlas Map or map series. 30 1. Purpose and Intent. 31 a Bayshore Drive Mixed Use Overlay District is to encourage revitalization 32 33 - - --_- . - __•--. e . - _ . • -- - - ■ - - -- --- 34 Design (TND) projects. TNDs are typically human scale, pedestrian 35 _ -- -_, • - _ - - - _ .. _ - _-- - - - ..._ 2 !AMC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 2 3 be separate areas of residential use only with close proximity to 4 commercial uses. An interconnected street system is the basis for the 5 transportation network. When po-sible buildings, both commercial and 6 residential, are located near the street, and may have front porches 7 and/or balconies. 8 2. Applicability 9 a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay 10 • - -- - ■ _ _ _-- ' -_ _ -- 11 - e . -• " -• -- - -- - - -- - --- e": ' - 12 -- • - - -- - - --- - - - _• _ -- •-, e -- 13 uses, dimensional and development requirements shall be as required in 14 the applicable underlying zoning category. 15 b. Existing Planned Unit Developments (PUDs) are not subject to the 16 Bayshore Overlay District requirements; however, PUD applications 17 -- - - - - -- - - , . •- - --- - - • ---- - -- 18 Bayshore Overlay District and must comply with the requirements stated 19 herreeiiinn.- 20 c. Amendments or boundary changes to PUDs that existed prior to March 3, 21 2006 are not subject to the Bayshore Overlay District requirements. 22 d.P erty owners within the BMUD Neighborhood Commercial (NC) or 23 A _ -- — A . - — - — - - - --- - -- - 24 County Land Development Code regulations of the underlying zoning 25 classification, or may elect to develop/redevelop under the mixed use 26 provisions of the BMUD Neighborhood Commercial (NC) or Waterfront 27 (W) Subdistricts of this overlay, through a mixed use project approval 28 _ - -- _ - -• -- - . - - - - - - _- . - __ •-- 29 - -- - - - - -- - - - - - --.. _- . - __ •-- , - -30 section 2.03.07 1.6.h. of this Code. 31 c. Renovations to the interior or exterior of nonconforming buildings in the 32 - - --- - - - - _- - _--- -- -33 9.03.00, of the LDC. 34 s '27417 tt.41 a 7 11 s II 1 jIli IIII L --1 IIIILs ,._L —7 — hihl it is ' iJ 12 IL, 1_1 IITj�;[I a u ihI t91 N I I J . . u I Ir�j a rTlilr «.; 11 a r l i , te- h l �� I I I I I Gam Songk.MAO.the.QmtlaY.Raft(.... 'i .4 GTNUD MI6,1.4.Vae Subchstrka � . UoG9 Umar L,Lg ZOKp kZ-.r[II V kw Tmva SSI , III FrIrl!II II I LLJ l` � • MZ/May Parking ZS_ Fops Lrx.hv. L rj 4 1 I Z I II� \irk :.. ....can gourAVy r I _ I 36 3 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 3. Mixed Use Project Approval Process. 2 a. Owners of property in the Neighborhood Commercial (BMUD NC) and 3 .I _ -- - _'' - ' ' ---- --- _• -- -:- - - --- 4 __ . .. C" _ .. - - • - - . --- - C' 5 - - - - - - -- - - - - _ -- 6 -- - , - - --- - - -- -- - - - - --- -7 --- - - - - - - - - - -_ ._ - - --- - -8 districts. The application shall be accompanied by a conceptual site plan 9 10 b. There shall be a public hearing before the Planning Commi°lion. legally 11 - • -- - - - -- -- -- - - - - - • - - -- -• 12 - - _-- - - - - - - 9.9-.9 _ . -- ' - - -- . .. - - 13 _ _ _ _ _ ...- -- - - _-- - - --- -- •-- _ - -_ 14 upon the criteria provided in subsection 10.03.05 G.8.There shall be a 15 -. : - •-- - -- - - -- _ - -, -- - - • -- - - - --• __ -- -- - 16 section 10.03.05.G. If approved by the BCC, such approval shall be by 17 resolution. 18 c. Once a Mixed Use Project has been approved by the BCC, the applicant 19 - --•• - ' - _- **••-- e. . - - •" -- -- - - -- -- • - 20 - - - -- -- : - - - - - -- -_ .' ----- - -- 21 10.02.03 B.1. of this Code, to the Community Development and 22 23 This SDP must be determined as sufficient and accepted for review by 24 the Division within 30 days of submittal. After the SDP has been 25 -- - -:, -- - - -- •-_. -- -- - '- -e.- Am*, 26 official zoning atlas map, using the map notation MUP. If a MUP approval 27 - 28 - - , - - - - - • - - - - - - - - _ - - - - - -- -- - - -- - - - - - 29 SDP application in a timely manner, to be responsive to the County's 30 -•- 31 - - - - -- - - - ---- _ _ - . 32 d. MUP approval shall expire and any residential density bonus units shall 33 - - - - - - - - - --- - -- -- - --- - - -- 34 following occur: 35 i. The SDP is not submitted within six months of MUP approval by 36 the BCC. 37 ii. The SDP is not deemed sufficient for review within 30 days of 38 submittal. 39 iii. The SDP under review is dcemed withdrawn and cancelled, 40 pursuant to section 10.02.03.B.A.a. 41 iv. The SDP is considered no longer valid, pursuant to section 42 1 n n2 n3 Q ^ h and 43 c. Once a property owner, through a MUP approval, elects to develop or 44 -_- . - -- - •- -- - - - *•- - ' - - -- --- -- ..._ - - 45 _ -- - '' -- -- --- -- - --- _ _- e- - __-_ 47 underlying zoning district. 48 4. 49 Under the Collier County Future Land Use Element, 388 bonus density units are 50 - - - - - --- - - • _- - - -- - - - __ •-- 51 Overlay. The County Manager or designee will track the Bonus Density Pool 4 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 -- - ' - -- _ - - . - -- - __ -- - -'- - - - -' - - - '- 2 between this BMUD overlay and the Gateway Triangle Mixed Use Overlay 3 a. _ - ' - - - - - e • s. s -se e 4 process. 5 - - - -- - 2 - _ - - - -- 6 - - - - -- - - - - _ 7 applicable until the bonus density pool has been depleted. 8 a. The project shall be within either the Neighborhood Commercial or 9 - ---- - - - -- -- - - - -- _ 10 commercial and residential uses, as set forth in 1.a., above. 11 5. 12 _-- - - - - - - - -- --- - - - - 13 - '- -- - - - - - - - - - -- - -- 14 _-- " . _ -- - - - - - - - - • _ - . - _ 15 being sought. The difference in units per acre determines the bonus 16 density allocation requested for the project. 17 c. For proposed projects, only the Affordable Housing Density Bonus, as 18 - - - -- -- " . - - - • --- - - 19 20 the Coastal High Hazard Area (CHHA). 21 d. The project shall comply with the standards for mixed use development 22 set forth in the Bayshore Mixed Use Overlay District. 23 c. For projects that do not comply with the requirements for this density 24 _ - _-- ' . ' •- - - - - - - •- >•-- ' . -- - 25 System and applicable FLUE Policies. 26 5. Administrative Deviations. 27 a. Authority. The County Manager or designee is hereby authorized to utilize 28 this MUP Administrative Deviation process to grant administrative 29 deviations for proposed developments which have obtained a MUP 30 approval from the Board of County Commissioners from the following 31 eligible land development standards that meet their associated criteria. 32 b. Applicability List of Development Standards Eligible for deviation 33 requests and Associated Criteria. At the time of SDP application an 34 _ __ _ -_ • - _- - •_•_ - _ -- __ ••-• - •. - _- _ _ - 35 the following Code provisions that may apply. 36 I. 1.02.16.A.Table 11.Front Yard(including build to line). 37 a) These deviation requests shall be subject to the process 38 and procedures of Sec. 5.05.08. F. Deviations and 39 Alternative Compliance, except that in order to be eligible 40 - - -- • • - - _ - - _ ---- _ -_ 41 one of the following conditions or circumstances: 42 i) If constructed where otherwise required, the 43 building(s) or structure(s)would conflict with 44 regulatory standards for existing public utilities or 45 cncroach into an associated public utility casement, 46 which cannot reasonably be relocated or vacated 47 -- - - - - --- _ - , - 48 applicable. 49 ii) parcel configurations of unique or challenging 50 boundary geometry such as when a parcel's 51 _ _ •--• -__- 5 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions Author Revisions\BCC Amendments for 091112/2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 2 - - _ . ...- - - - - --- e. - - - 3 4 -- -- - - - - - - -- -5 minimum of 110% of the parcel frontage. 6 b) In order for the conditions or circumstances under b), 7 -- -•-- - - -- - - -- - - -- 8 following criteria shall also be met: 9 i) the proposed alternative shall be integrated into the 10 - - - - - - - - 11 -- - - -- - - -- -- - -- ---12 ii) the proposed alternative shall demonstrate 13 - - - - -- - -- _ -- - -- -14 -. - _ - -- - - -•-• _ 15 16 - --- - - . '. - -- - - - - - -17 - - 18 pathways, and associated parking facilities. 19 ii. Building and architectural standards, as specified below. These 20 _ - -- -- - - - - " - - - - - - --- 21 5 -- . .' .e z. . !-. - - - A A. -- - - 22 a) 4.02.16.A. Table 11. Building Design; pertaining to the 23 -- - - - - -_ - - - - _ -_ -- 24 with Bayshore shall have the same architectural design 25 26 b) 4.02.16.G. Architecture Design Theme; and•27 . - ' - - - - - - - - - - - - -- - . 28 iii. 4.02.16 F. Landscape and Buffer Requirements and 4.06.00 29 - - ..- =- •- - - - - - -- 30 -- _ - _ '. - - - -- - - -- - - - - - - 31 - - -- - - - -. - -_ _' ----- - -- - _ 32 prose-s and procedures of 5.05.08.F. Deviations and Alternative 33 34 -- --- - -- ---- -- - -•--- _ -_ _ - • _ - •- 35 --- - - - -- - - - . -- -5. --' e _ -- 36 deems nece cary. 37 iv. 4.02.16. E. Design Standards For Awnings, Loading Docks, and 38 e. - _ - - - - -• 39 a) deviation requests for individual structures with curbside 40 - - -e, - - -- - - - - - - - - --- 41 - - • - - -e -- - - - . 42 b) requests for locational deviations from the subsection 43 A - - - e e - - - - - --- - 44 _ e •_ . • - A - ■.:AA2 45 -e - - -- _ _ . - - -- - e e . 46 v. Notwithstanding the process and procedures set forth above for 47 -- -- - - - --- - - - - - -- - __ - - _ '. - 48 -- ' - - --- - - - -- - -- • --- 49 solely under the provisions of section 250 58 of the Collier County 50 6 !AMC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 . _. '. - - . :- ds. These deviation requests shall be 2 subject to the process and procedures of 1.05.01. F.2. 3 - - - - - - _ - - - - 4 a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of 5 this subdistrict is to enceurage a mix of low intensity commercial uses and 6 residential uses (see 2.03.07 1.6. Tables 1 and 2). Developments will be 7 human scale and pedestrian oriented. For mixed use projects only, 8 subject to the MUP approval prose in Sec. 2.03.07.1.3., refer to Tables 9 1 and 2 for permitted uses. Otherwise, permitted uses arc in accordance 10 with the underlying zoning district. 11 b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow 12 maximum use of the waterfront for entertainment while enhancing the 13 area for use by the general public. Development standards for the district 14 are the same as those set forth for the Neighborhood Commercial 15 Subdistrict, except for the standards set forth in section 1.02.17. For 16 mixed use projects only, subject to the MUP approval prose-s in Sec. 17 2.03.07.1.3., refer to subsection 2.03.07 1.6. Tables 1 and 2 for permitted 18 _ - . e -- -, _- -- •-- - - - - - ---- -- - - -- . _ 19 zoning district. 20 c. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to 21 encourage the development of a variety of housing types which are 22 compatible with existing neighborhoods and allow for building additions 23 - 24 -- - - - -- --- - -- - 25 i. Permitted uses. The following uses are allowed in the R1 26 Subdistrict. 27 a) Residential Uses. 28 1. Single family dwelling units. 29 2. Two family dwelling units. 30 3. Duplexes. 31 4. Townhouses. 32 5. Multi family Dwelling Units. 33 6. Mobile homes, when permitted by the underlying 34 zoning 35 -- - _ - - - - -36 2.01.03 37 8. Parks, Public or Private, Play Areas and 38 Playgrounds. 39 b) Accessory uses. 40 1. Private boathouses and docks. 41 2. Garages. 42 3. Guesthouses. 43 4. Swimming pools private. 44 d. Residential Subdistrict 2(R2). The purpose of this subdistrict is to 45 encourage the development of multi family residences as transitional 46 uses between commercial and single family development. The multi 47 family buildings shall be compatible with the building patterns of 48 -- - - --•e - e: --- e- - 49 i. Permitted uses. The following uses are allowed in the R2 50 Sues 51 a) Residential Uses. 7 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Bold text indicates a defined term 1 1. Single family dwelling units. 2 2. Two family dwelling units. 3 3. Duplexes. 4 1. Townhouses. 5 5. Multi family Dwelling Units. 6 6. Essential Services as provided for in section 7 2.01.03 8 7. Parks, Public or Private, Play Areas and 9 Playgrounds. 10 b) Accessory uses. 11 1. Garages. 12 2. Guesthouses. 13 3. Swimming pools private. 14 9. Private boathouses and docks. 15 c. Residential Subdistrict 3(R3). The purpose of this subdistrict is to allow 16 -- _- . - __ --- _ • _ 17 18 -- -- - - - -- - - - -- -- - - -- - - - --19 20 �. Permitted uses. The following uses are allowed in the R3 21 Subdistrict. 22 a) Residential Uses. 23 1. Single family dwelling units. 24 2. Two family dwelling units. 25 3. Duplexes. 26 4. Townhouses. 27 5. Multi family Dwelling Units. 28 6. Mobile & Motor homes, when permitted by the 29 underlying zoning. 30 -- -- -- - - - - - -31 2.01.03 32 8. Parks, Public or Private, Play Ar as and 33 Playgrounds. 34 b) Accessory uses. 35 1. Garages. 36 2. Guesthouses. 37 3. Swimming pools private. 38 4. Private boathouses and docks. 39 f. Residential Subdistrict 4(R4). The purpose of this subdistrict is the 40 _ -- _ - -- -- - - - - - ' -- - --_ 41 dwelling units are permitted. 42 i. Permitted uses. The following uses are allowed in the RI 43 Subdistrict. 44 a) Residential Uses. 45 1. Single Family Dwelling Units. 46 2. Essential Services as provided for in section 47 2.01.03 48 3. Play Areas and Playgrounds. 49 b) Accessory uses. 50 1. Garages. 51 2. Guesthouses. 8 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 3. Swimming pools private. 2 4. Private boathouse and docks. 3 g. Mixed Use Activity Center Subdistrict. Portions of the Bayshore Overlay 4 District coincide with Mixed Use Activity Center tt16 designated in the 5 Future Land Use Element (FLUE) of the Collier County Growth 6 Management Plan. Development in the activity center is governed by 7 requirements of the underlying zoning district and the mixed use activity 8 center subdistrict requirements in the FLUE, except for site development 9 standards as stated in section 4.02.16 of this Code. 10 h. All subdistricts. Development within all subdistricts of the BMUD shall be 11 subject to the site development standards as stated in sections 4.02.16•12 - --- - --- - e . __• • - .- .- __ - --13 shall also apply to property developed in conformance with the underlying 14 zoning classification. 15 P-pem,;ned SIG-Cede €MUO BMW) Neighborhood Waterfront Gemreersiat Subdistrict: Subdistrict (W) Blank cell-prohibited(also see table of conditional and aeoeesory—u- Accounting Services 8721 P P Administrative Service Facilities - - - Adult Day Care Facilities&Centers 8322 - - Agricultural Activities - - - Agricultural Outdoor Sales - - - Agricultural Services 0711,0742,0752 - - Agricultural Services 0711,0721,0722 0724,0762, - - 0782,0783 Aircraft and Parts 3721 3728 - - Airport General Aviation - - - Amusement&Recreation Services 7911,7991 - - Amusement&Recr ation Services 7999 tourist guides only - - Ancillary Plants - - - Apparel&Other Finished Products 2311 2390 - - Apparel&Acce'-cory Stores 6614-5699 P P Appraisers - - - jewelry,clay(ceramics/pottery),sculpture,photography, dance,drama,and music 7922 Architectural,Engineering,Surveying Services 0781,8711 8713 P P A'listed Living Facilities - - - Attorney Offices&Legal Services 8111 P P Auctioneering Service,Auction Rooms and Houses 7389,5111 - - Auto and Homc Supply Store 5531 - Automobile-Parking 7521 €} - -" 7513 7549 - - Automotive Dealers and Gasoline Service Stations 5511,5531,5541,5571,5519 - - Barber Shops or Colleges 7241 la P Beauty Shops or Schools 7231 P P Biking-Trails - - Bewiing-Centers 7-933 - - 1521 1512 - - 9 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term _ - - 5211 5261 - - Busine-c Associations 8624 - AO*- Sucinesc Repair Service - - - 444 Business Services 7311,7313,7322 7338,7384 P P Bucinc's Services 7312 7379,7384,7389,7312 - - - - Canoe Rental - - Canoeing Trails - - - Care Units - - Carwashcs 7542 - - Category II Croup Care Facilities _ - - Child Day Care Services 8 - - Churches&Places of Worship - - - Civic and Cultural Facilities - P P Collection/Transfer Sites _ - 2752 - - Communications X18121899 - - Communication Towers - - - Construction - - - Construction Heavy - - - Construction Special Trade Contractors 1711 1799 - - 6041099 - - 5813 - - Drug-Stsres 694 P P Drugs and Medicine 2833 2836 - - Eating Establishments and Places 58 €2 €2 Educational Plants - - - Educational Services 8221 8299 - - _ 3612 3609 - Engineering,Accounting, Management and Related 8711 8713 P P Equestrian Paths - - - Essential Scrvicesa - fz fz Excavation - - - Fabricated Metal Products 3411 3479,3119 3499 - - Fairgrounds - - - Family Carc Facilities - - - Fishing Piers - - - Fishing/Hunting/Trapping 0912 1919 - - Fixture Manufacturing - - - 2034,2038,2053,2064,2066, - - 2068,2096,2098,20 9 Food Products 2011 2099 - - Food Stores 5111,5421 5499 €4 P Fraternal Organizations - - - Funeral Services and Crematories 7261 - - 2511 2509 - - -- - - - - 5541,5511 5599 - - Ceneral Contractors 1521 5261 - - _ 5311 5399 P P Class and Glazing Work 1793 - - Colf Courses - - - _- - - 9111 9222, 9224 0229,9311, - - 9411 9451,9511 9532,9611 9661 Group Care Facilities - - - Gunsmith-Step 7699 - - Hacdwafe-Steres 5251 - - Health Food Stores - - - 10 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. 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Bold text indicates a defined term H Ith Services 8011 8049,8082 P p Health Services 8051 8059,8062 8069,8071, - - 8072,8092 8009 H avy Construction 1611 1629 - - Hiking Trails _ - - Home Furniture,Furnishings,Equipment Store 5712,5719,5731 5736 p p Home Supply Store 5534 - - Hotels and Motels 7011,7021,7011 - - Hotels and Motels 7011 €§ €5 Houseboat Rental 7ggg - - Individual&Family Social Services _ - - Industrial Inorganic Chemicals 2812 2819 - - Equipment 3511 3599 Insurance Agencies,Brokers,Carriers 6311 63°9,6411 p g 6712 6799 - - Job Training&Vocational Services 8331 - - Justice,Public Order&Safety 9221,9222,9229 - - Labor Pool 733 - - Labor Unions 8631- - - Lakes Operations 7999 - - Large Appliance Repair Service 7623 - - Legal Services 8111 p p Leather Products 3131 3199 - - Libraries 8231 - - Local and Suburban Transit /1111 1121,1131 4173 - - Lumber and Wood Products 2426,2431 2499 - - Management Services 8711 8748 P p Marinas /1193 p p 3812 3873 - - Medical and Optical Coods 3812 3873 - - Centers 8071,8072,8092,8093 Membership Organizations 861-1-8699 p p Misc.Manufacturing Industries 3911 3099 - - Miscellaneous Plastic Products - - - - 7622,7629s 7631,76991 _ 5912,5932 5910,5902 5999 p p Mobile-Home-Dealers 5271 - - Motion Picture Production 7812 7819 - - Motion Picture Th esters _ 7832 - - /1225 - - Mote �emes - - - N - P p Museums and Art Galleries 8442 P p Nature Preserves - - - Nature Trails - - - Non Depository Credit Institutions 6111 6163,6011,6081,6082, - - 6019,6021,6091,6009 ^ 8051- 8052-,-8249 - 7629 7631 - - Oil&Gas Exploration _ - - Open Space _ - Paint,Class,Wallpaper Stores 5234 - - Pape.and Awea oreduots 2621 2679 - - Park Model Travel Trailers - - 11 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. 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Bold text indicates a defined term Park Service Facilities _ - Parking Facilities _ P p Parking Services _ P P Parks, Public or Private _ R _ 8211 - - Party Fishing Boats Rental 7999 - Performing Arts Theater 7-922 l 8 Personal Services 7212 7291 P P Personal Services 7215 7231,7221 7251,7241, - - 7261,7299 3812 3873 - - Photographic Studios 7221 P P Physical Fitness Facilities 7991- - Physical Fitnecc Facilities _ - - Pickup Coaches _ Plastic Materials&Synthetics 2821,2831 - - Play Ar as and Playgrounds _ P - Pleasure-Beat-Rental - - P - .. .. - 2741-2796 - - Professional Offices 6712 6799,6111,6311 6399, P P 6531,6541,6552,6553,8111 Professional Organizations 8631- - - 9111 9199,9224,9229,9311, P P 9661 4011,4013 - - R al Estate 6531 6511 P P Real Estate Offices 6512 6514,6519,6552,6553 - - Recreational Service Facilities - Recr ational Services Indoor 7911 7911,7991 7993,7909 - - Recr ational Uses - - - Recreational Vehicles - - - Rehabilitative Centers 8093 - - Repair Shops and related services,not elsewhere P R classified 7699 Research Centers 8893 - Research Services 8732 - Residential Uses _ P P 5264- - - Rubber and Misc.Plastic Products 3021,3052,3053 - - Safety Service Facilities _ - - Schools,public _ - - Schools Vocational 8243 8299 - - _ ' 6211 6289 P P 7251 P R 7999 - - Social-Services 8322 8399 - - Stone,Clay,Class and Concrete Products 3221,3251,3253,3255 3273, - - 3275,3281 Storage - - - Synthetic Materials 2834 - - Testing Services - - - Textile Mill Products 2211 2221,2211 2259, - - Timeshare Facilities - Title Abstract Offices 6544 - 12 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. 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Bold text indicates a defined term Tow in Parking Lots 7511,7515,7521 - - Townhouses - P P Transportation by Air 4512 1581 - - Transportation Equipment 3714,3716,3731,3732,3751, - - Transportation Services 4721 4783,4780 - - Travel Agencies 4724 - - Travel Trailers 3364 - - P P United States Postal Service 4311 €e €9 Veterinarian's Office 712 €'e € ' Veterinarian's Office 752 P P Videotape Rental 7841 €'4 €}' Vocational Rehabilitation Services 8331 - - Welding Repair 7692 - - Wholesale Trade 5148 - - Wholesale Trade Durable Coods 5021,5031,5043 5019,5063 - - 5078,5091,5092,5094 5090 5111 51595181,5182,5191 - - Wildlife Conservancies 9.42 - - Wildlife Management 971 - - Wildlife Refuge/Sanctuary _ - - Watches/Clocks 3812 3873 _ - - 1 2 NOTES FOR TABLE 3 4-This use does not include tow in parking lots or storage. 4 2 - - - --_ -- --. - - - -- - --5 institutional), industrial feeding. 6 For requirements pertaining to E'sential Services, see section 2.01.03 of this Code. 7 4 8 5 Except hostels. 9 6 - •- - - . - . .- , - - - - , - --10 - - - • - - -- 11 12 rod and reel repair. 13 @ Performance seating limited to 500 seats. 14 8 Excludes major distribution center. 15 ae Excludes outdoor kenneling. 16 14 Limited to 1,800 square feet of gross floor area. 17 18 Table 2. Land Uses that May be Allowed in Each Subdistrict as Accessory or Conditional 19 Uses. 20 C -conditional use SIC-Cede BMUD NC W A- accessory use Adult day care 8322 - - Agricultural:animal&livestock breeding,exotic - - - Agricultural - - - Agricultural services 0741,0742,0752 0783 - - Amusement&recreation services 7911 - - Amusement&recr ation services 7911 7941,7991 7993,7997, - - Amusement&recreation services 7918,7992,7996,7999 - - Ancillary plants - - - Animal control - - - 13 I:\LDC Amendment 2012 Cycle 11Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Aquariums 8122 - - Archery ranges 7999 - - Auctioneering services, 7389,5099 - - Automotive dealers and gasoline service stations 5521,5551,5561,5509 -Automotive-rental/leasing 7513,7519 - - Beach chair,bicycle, boat or moped rentals - - - Bed&br akfast facilities 7011 C C Boat Rental - - A Boathouses - A'2 A Boat ramps - - A Boat-yards - A'2 A Virden 8422 - - Bottle-ems 5813 - - Camping-cabins - - - Care Units - - - Caretaker's residence - - - Category II group care facilities - -Cemeteries Chemical-products 2812 2809 - - Child day care 8351- C C Churches&places of worship 8664 - - Civic&cultural facilities - - - Clam nurseries - - - Cocktail lounges 5813 - - Collection/transfer sites - - - Commercial uses - - - Cemmunications 4812 4841 - - Community,theaters 7922 - - Continuing care/retirement centers - - - Convenience stores 5111 - - - - 6011 6009 - - Detention facilities - - - Docks&dock facilities - A A Drinking establishments 5813 - - Driving ranges - - - Earth mining - - - Eating establishments 5812 - - Education services 8211 8222 - - Education facilities;public&private schools 8211 8231 - - Elentrie n rating plants Electric,gas,&sanitary services 4911 1971 - - Excavation - - - Fabricated metal products 3482 3189 - - Farm-labor-housing - - - Farm product raw materials 5153 5159 - - Field crops - - - 0912 1019 - - Food products 1 2011,2018 - - Food service - - - Food stores(over 5,000 s.f.) 5111 5409 - - Fraternal lodges,private club,or social clubs - - - Fuel d alcrs sag3. 5989 - 14 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. 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Bold text indicates a defined term Fuel facilities - - G Funeral services&crematories 7261 - - Garage - A - Cas generating plants - - - Gift-shops 5917 - - Gel€-slut-house - - Colf course - - - Colf driving range - - - Croup care units - - - Guesthouses - - - Health services 8011 - - Homeless shelters 8322 - - Hospitals 8962-8o69 - - Hotels and motels 7011,7021,7011 - - Hunting cabins - - - Iflsinerators - - - Jails - - - 0211 9224 - - Kennels n. kenneling 0712,0752 - - Kiosks - - - Leather tanning&finishing 3111 - - Livestock - - - Local and suburban transit 4111 4121 - - Local and suburban transit 4131 1173 - - 2411 2121,2429 - - Maintenance ar - - - Major maintenance facilities - - - Marina 4193,4499 - - Mental health facilities - - - Merchandise outdoor sales - - - Miniature golf course 7991 - - Mixed residential and commercial - - - Model homes and model sales centers - - - Mntien t re+heaters 7832 - - 7833 - - 4225,1226 - - Nursery retail 5261 - - Nursing and personal care facilities 8062 - - Nursing homes - - - Oil and gas extraction 1321, 1382 - - may - -Packinghouse Paper and allied products 2611 -n s - Pero�r� eryices 7291 - - 2911 2919 - - Pistol or rifle range - - - Play or as and playgrounds - - - Poultry raising(small) - - - Primnn.metal ind str;es 3312 3309 - - - A Private clubs - - Pfivate-landing-strips - - n o shops(large) - - Pro shops(small) - - - Recreational facilities - - - Recreational services - - - 15 1:1LDC Amendment 2012 Cycle 1Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Refuse systems 4953 - - Reha litatiye,.e..ters 8093 Re st. Residential uses - - - Resouree- plant Restaurant(small)or snack shop 581-2 - - Restaurant(large) 5812 - - Retail shops or sales - - - Rubbcr and misc.Plastic products 3061 3089 - - Sanitary landfills - - - Sawa�ills - - - Schools,public or private - - - Schools,private - - - 8243 8209 - - Scrvicc facilities - - - 2011 - - Social a°sociation or clubs 8641 - - Social services 8322 8399 - - Soup kitchens - - - Sports instructional camps or schools - - - Staged entertainment facility - - - Stone,clay,glass and concrete products 3211,3221,3229,3231,3241, - - Swimming-pools—public - Swimming-peels—private - A A Storage,enclosed - - - Tennis-facilities - - - Textile mill products 2231,2261 2269,2295,2296 - - Transfer stations 4212 - - Vete-in rian s office 0741 0712 - - Wholesale trade durable goods 5015,5051,5052,5093 - - Wholesale trade nondurable goods 5162,5169,5171,5172,5191 - - Yacht club 7997 - - Zee - - - 1 2 NOTES TABLE 2 3 4 - - - - - - - - - - - --• - . 5 6 I. Bayshore Mixed Use Overlay District (BMUD). 7 This section provides special conditions for the properties adjacent to Bayshore Drive 8 as identified by the designation "BMUD" on the applicable official Collier County Zoning 9 Atlas Map or map series. 10 1. Purpose and Intent 11 The purpose and intent of this District is to encourage revitalization of the 12 Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area 13 with pedestrian-oriented, interconnected projects. The Overlay encourages uses 14 that support pedestrian activity, including a mix of residential, civic and 15 commercial uses that complement each other and provide for an increased 16 presence and integration of the cultural arts and related support uses. When 17 possible buildings, both commercial and residential, are located near the street, 18 and may have front porches and/or balconies. 19 2. Applicability 20 a. These regulations shall apply to the Bayshore Mixed Use Overlay District 21 as identified by the designation "BMUD" on the applicable official Collier 22 County Zoning Atlas Maps. 16 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, 2 and properties with Provisional Uses (PU) approved prior to March 3, 3 2006, including amendments or boundary changes to these PUDs and 4 Provisional Use properties, are not subject to the Bayshore Overlay 5 District requirements. 6 3. Relationship to the Underlying Zoning Classification and Collier County Growth 7 Management Plan 8 a. The purpose of the BMUD is to fulfill the goals, objectives and policies of 9 the Collier County Growth Management Plan (GMP), as may be 10 amended. Specifically, the BMUD implements the provisions of section 11 V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future 12 Land Use Element. Portions of the Bayshore Overlay District coincide 13 with Mixed Use Activity Center#16 designated in the Future Land Use 14 Element (FLUE) of the Collier County GMP. Development in the activity 15 center is governed by requirements of the underlying zoning district and 16 the mixed use activity center subdistrict requirements in the FLUE, except 17 for site development standards as stated in section 4.02.16 of the LDC. 18 b. Property owners within the BMUD may establish uses, densities and 19 intensities in accordance with the LDC regulations of the underlying 20 zoning classification, or may elect to develop/redevelop under the 21 provisions of the applicable BMUD Subdistrict. In either instance, the 22 BMUD site development standards as provided for in section 4.02.16 23 shall apply. 24 4. Bayshore Mixed Use District (BMUD) Subdistricts 25 a. The BMUD consists of the following subdistricts: 26 i. Neighborhood Commercial Subdistrict (BMUD - NC). The purpose 27 and intent of this subdistrict is to encourage a mix of low intensity 28 commercial and residential uses, including mixed use projects in a 29 single building. This subdistrict provides for an increased 30 presence and integration of the cultural arts and related support 31 uses, including galleries, artists' studios, and live-work units. 32 Developments will be human-scale and pedestrian-oriented. 33 ii. Waterfront Subdistrict (BMUD -W). The purpose of this subdistrict 34 is to encourage a mix of low intensity commercial and residential 35 uses and allow maximum use of the waterfront for entertainment 36 while enhancing the area for use by the general public. 37 Development in this subdistrict is indented to allow a mix of 38 residential and commercial uses including limited marina and 39 boatyard uses. 40 iii. Residential Subdistrict 1 (BMUD - R1). The purpose of this 41 subdistrict is to encourage the development of a variety of 42 housing types which are compatible with existing neighborhoods 43 and allow for building additions such as front porches. The intent 44 in new development is to encourage a traditional neighborhood 45 design pattern and create a row of residential units with uniform 46 front yard setbacks and access to the street. 47 iv. Residential Subdistrict 2 (BMUD - R2). The purpose of this 48 subdistrict is to allow for a variety of housing types and encourage 49 the development of multi-family residences as transitional uses 50 between commercial and single-family development. The multi- 17 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 family buildings shall be compatible with the building patterns of 2 traditional neighborhood design. 3 v. Residential Subdistrict 3 (BMUD - R3). The purpose of this 4 subdistrict is to allow for a variety of housing types and encourage 5 the development of townhouses and single-family dwellings. 6 All new development in this subdistrict shall be compatible with 7 the building patterns of traditional neighborhood design. 8 vi. Residential Subdistrict 4 (BMUD - R4). The purpose of this 9 subdistrict is to protect the character of existing neighborhoods 10 comprised of detached single-family dwelling units, while 11 allowing for building additions such as front porches. 12 b. Use Categories and Table of Uses. 13 i. All uses permitted in the BMUD subdistricts have been divided 14 into 9 general categories, which are summarized below: 15 a) Residential: Premises available for long-term human 16 habitation by means of ownership and rental, but excluding 17 short-term leasing or rental of less than one month's 18 duration. 19 b) Lodging: Premises available for short-term human 20 habitation, including daily and weekly rental. 21 c) Office and Service: Premises available for the transaction 22 of general business and the provision of services, but 23 excluding retail sales and manufacturing, except as a 24 minority component. 25 d) Retail and Restaurant: Premises available for the 26 commercial sale of merchandise, prepared foods, and food 27 and drink consumption, but excluding manufacturing. 28 e) Entertainment and Recreation: Premises for the gathering 29 of people for purposes such as arts and culture, 30 amusement, and recreation. 31 f) Manufacturing, Wholesale and Storage: Premises 32 available for the creation, assemblage, storage, and repair 33 of items including their wholesale or retail sale. 34 g) Civic and Institutional: Premises available for organizations 35 dedicated to religion, education, government, social 36 service, and other similar functions. 37 h) Infrastructure: Uses and structures dedicated to 38 transportation, communication, information, and utilities, 39 including Essential Services. 40 ii. Interpretation of the Table of Uses 41 a) The Table of Uses identifies uses as permitted uses (P); 42 accessory uses (A); conditional uses (CU), or a 43 combination of the three. Blank cells indicate that a use is 44 not allowed in the corresponding subdistrict; however, such 45 use may be permitted by the underlying zoning 46 designation. 47 b) Any use not listed in the Table of Uses is prohibited unless 48 the County Manager or designee may determine that it 49 falls within the same class as a listed use through the 50 process outlined in LDC section 1.06.00, Rules of 41",. 51 Interpretation. 18 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 c) Mixed Use Projects shall be limited to the permitted, 2 accessory and conditional uses allowed in the BMUD- 3 NC and BMUD-W subdistricts, and subject to the MUP 4 approval process as outlined in Section 10.02.15. All 5 other projects may elect to establish uses, densities and 6 intensities in accordance with their underlying zoning or in 7 accordance with the Overlay Subdistrict. However, all 8 projects must comply with site development standards as 9 provided in section 4.02.16. 10 iii. Table of Uses 19 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 0. C N , a� • (Q a N _0• ' L a) U) > a_c -c_ " o -a "' -0 •- a) I- a) o m O C T co 73 -o O N O O J C N > ' a) 0u1 a N . V O .0 D O Z >• d co"o' o U p� _0 co S. m C CD 13 '3 N co co CO CO o ir) ' ..Q CO a) _0 o o � � = ° m E O a a o000 o Y_ _ . o L Ofn x . 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N AO Mc O o O U O Ca U 2 Cl) I, nj N o' rn • U O) CO c c c) U a) X CO U * m c' CD e N p N c •, m p I- g U a.Ia.l a.Ia-I n_IvIUl <io-la.l * o ca m L a-Ialal alai Qf 0_10_1 0_0101 0 al al * 5 0 T a) IC > O CL UI 0-1 c) M K O CV N a l UI °-I o 0 N .V3 Allik N c 0_.i UI 0_.l * a E 0 it 0 CO D.1 vl a.l N 0 Cl, * N c2 O L -C ca -E-/ = g O C 0 * c U U V_ •N N N > CS.', U C H O c as U O a) m L c'• 'i U N >. — LL Rf D c 0 -Q O J C O C a N J m ca 1 C L- a woe _` Z .>;__= c ° ° dJbJ * 3 L as L E (Q 2 O T a —. cw > * v "1 ! ' h N U V IJ.J 1 G a. LL vJ Q m W C �' O N Nc, a _ _J c, t • ,_.., N Text underlined is new text to be added. Text ctrikcthrough is current text to be deleted. Bold text indicates a defined term 1 2 N. Gateway Triangle Mixed Use Overlay District 3 - - - - - - ---- - - _ - -- _ -- __ - _ - _ - - -- -_•4 - - - - ; - e - •- --- • - - - - "- f.• .- --- • -• 5 • -- - --- - - ' - -- - -- - 6 1. Purpose and Intent 7 8 - _ -- - - -- _ - -- - - --_- . - __ •-- -_ .. . 9 Traditional Neighborhood Design (TND) projects. TNDs arc typically human scale, 10 11 _ ---- - - - - - - - ' - - _ •-- - - ' 12 complement each other. Residential uses arc often located above commercial uses, 13 -- _ - - - - - - - - •• - - ---- 14 •15 -- -- - -- - - - - - - -- --- -- • - e- -- _ ..e e• 16 street parking on the side or in the rear of the parcel. 17 - - - - - - _ •--- - - - - - __ ._. ,• 18 -- --- - -- -- - - - - - - - - - - - - -19 - - -- - - - - -- - - -- --- - -- - - - ; - - - - ' -20 - 21 permitted are hotels, retail, office, personal service and residential uses. 22 2. Applicability 23 a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay•24 - - - -- - - - -- -'• . -- - -- 25 - - - "- - - -- _- - - • - -- --- - '6 - - - •- - - e e-- e - - - - • -, - - - , 28 applicable underlying zoning classification. 29 b. Existing Planned Unit Developments (PUDs) are not subject to the Gateway 30 - - - - -- -••-- _ - .- - --- - -•31 --•.• - - - -- - - - - ,,- - --- - - - ---- - -- 32 33 stated herein. 34 c. Amendments or boundary changes to PUDs that existed prior to March 3, 35 36 37 23 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term if ll'_ =1n Illli 11 °E _ • I lulil '. ill I JLI � /� X14■' R i'I"1a 1'1 11, FILMI L 171 °wn I w�w- w ,� — _=.I,,� "'•'• I,_..: j ll� � ...Liu T�H I�.I . � — '33 _ >' IM aa,s /A J if rill T, �.;�> I , , I '1 X11 .. vv ceiewe.rneeele n+aee u:o-n..wme pooq weer Lying mub _C(IL � •s \� ED Lea TrMine ,vz Accessory Paddy zee. LH sktm FeWre Lend Use 111W n NN, - ®MIVXy Center 18 rrf__ 1 —rI \ \Aa 1 2 3 4 d. Property owners may follow existing Collier County Land Development Code 5 regulations of the underlying zoning classification, or may elect to 6 develop/redevelop under the mixcd use provisions of the GTMUD Mixed 7 _ _ --ee e - - - - e-: - -- -- - - - - - --- - g _ . .- _- -• - - - . - - - - - - _ _ e - . _ _ • - ••9 _ -- - - - -- - - - - - - - - - - - - i . _ -• 10 Code. However, in either instance, GTMUD site development standards are 11 applicable to all new development, as provided for in subsection 2.03.07 12 N.6.d. of this Code. 13 c. Renovations to the interior or exterior of nonconforming buildings in the C 1 14 through C 5 zoning districts shall be in accordance with section 9.03.00 of 15 the LDC. 16 3. Mixed Use Project Approval Proce 17 a. Owners of property in the Mixed Use Subdistrict (GTMUD MXD) may 18 -- • - -- _-- - - -s. _- . .. -•_ _ - - . e*- . _s . 19 •- - S e - - - - ' --- - - - - - -- - •- - _ - •- 20 -- - -- - - - -- - - -- -- - - - - - -- - 21 additional uses beyond those allowed in the C 1 through C 3 zoning 22 districts. The application shall be accompanied by a conceptual site plan 23 - - - - -- - - - - - - - _ •.■ _. 24 b. There shall be a public hearing before the Planning Commission, legally 25 - • - e - -- -- - - - - - '.' .'- • - - -- - 26 provided for in subsection 10.03.05 G. 3. The Planning Commicion shall 27 make a recommendation to the Board of County Commissioners based 28 upon the criteria provided in subsection 10.03.05 G.8. There shall be a 29 -- - - -- - - -- : - - -- -: • -- - - - -- _- -- --30 - - •' - e: - -- - -- : - - - - - -- - - •- e- 31 resolution. 32 c. Once a Mixed Use Project has been approved by the BCC, the applicant 33 shall submit a site development plan (SDP), based on the conceptual site 34 - - --- - - - •- : - - - - - -_ _' -••-- - -_ - 35 10.02.03 B.1. of this Code, to the Community Development and 24 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 Environmental Services Division within six months of the date of approval. 2 3 Division within 30 days of submittal. After the SDP has been approved, the 4 approved project shall be identified on the Collier County official zoning atlas 5 - - - -- --e - - - - - ee s . - - - - _• - 6 below, the map notation shall be removed from the official zoning atlas map. 7 8 • - e - -- _ -- _ _. - . - __ ..._. - -9 ---- 10 granted, 11 d. MUP approval shall expire and any residential density bonus units shall be 12 null and void and returned to the bonus density pool if any of the following 13 occur: 14 i. The SDP is not submitted within six months of MUP approval by the 15 C C- 16 li. The SDP is not deemed sufficient for review within 30 days of 17 submittal. 18 iii. The SDP under review is deemed withdrawn and cancelled, pursuant 19 to section 10.02.03.B.4.a. 20 iv. The SDP is considered no longer valid, pursuant to section 21 �nn� n� anh ands 22 c. Once a property owner, through a MUP approval, elects to develop or 23 redevelop a mixed use project under the Mixed Use Subdistrict (GTMUD 24 MXD), then the property shall be developed in compliance with all provisions 25 of the overlay and cannot revert back to the underlying zoning district. '6 /1. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are 28 29 Overlay. The County Manager or designee will track the Bonus Density Pool 30 -- - - _ -- _ - - - - __ -- - - • - - --- 31 between this GTMUD overlay and the Bayshore Mixed Use Overlay District 32 _ - - - -- - - - -e - --- - ' - see - e - - . 33 To qualify for up to 12 dwelling units per acre, projects shall comply with the 34 following criteria. The density of up to 12 dwelling units per acre is only applicable 35 until the bonus density pool has been depleted. 36 a. The project shall be within the Mixed Use Subdistrict, and shall be a mixed 37 _ - _ _ - 38 b. Base density shall be as per the underlying zoning district. The maximum 39 density of 12 units per acre shall be calculated based upon total project 40 acreage. The bonus density allocation is calculated by deducting the base 41 _-- _ -- - - - - - - - - • _ - _ - .42 being sought. The difference in units per acre-determines the bonus density 43 allocation requested for the project. 44 c. For proposed projects outside the Coastal High Hazard Area (CHHA), as 45 --- - -- -• - - - - - - - - - - -- — _ ---•-• - _ _•46 - - e - --- • es-- - , - - - --_ •- .- •-• • . - - -•- _ --• 48 e. --- -- - - - • • • •- - - - A, e -- A - e- - - --- - •-- •• 49 == - - - --_ - -- �- - --• _ _ _ SO addition to the eligible bonus density units provided herein. 25 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Bold text indicates a defined term 1 ' **--•-- - - -- - - _ . - _ - r.*- ". AM* 2 Road. 3 f. The project shall comply with the standards for mixed use development set 4 5 g. For projects that do not comply with the requirements for this density 6 7 --• . . - -- - - - -8 5. Administrative Deviations. 9 a. Authority. The County Manager or designee is hereby authorized to utilize 10 - • . _ - - - _ - - - -- • - - '. - _11 - - see -_ -- . - __ --- -- - - -•- --- _ - - • -- 12 ::- - _ --- -e•• -• e--13 _- . - -- - -- - - - - - 14 b. Applicability List of Development Standards Eligible for deviation requests 15 and Associated Criteria. At the time of SDP application an approved MUP 16 - - - - - - -' - -- • - ---- 17 - - - - - -- 18 1. 4.02.35.A. Table 1.Front Yard(including build to line). 19 1) These deviation requests shall be subject to the process and 20 - ---- - - e . . • _ . •_ A • •_ 21 -- --, - - - - - 22 __ •• -- 23 following conditions or circumstances: 24 25 -- - - - - - -- - - 26 -- - - - -- - - - -- - _ 27 --- • - - - - - --- - --- 28 - 29 -- - - - - '-- - - , - - -- - - -. 30 b) Parcel configurations of unique or challenging 31 --- -- --_ •- -- - __32 33 - - - •- - -- --e- - - --- - - - _ ._.!• _ 34 - - - • - --- - - - - -- - --- - - 35 36 -- - - - -- - - -- - • _ ! 37 percent of the parcel frontage. 38 2) In order for the conditions or circumstances under b), 40 following criteria shall also be met:- 41 a) the proposed alternative shall be integrated into the 42 - - - - - - ' -- - - - - - 43 __ _ _ _ __ __ _ __ ___ 44 b) the proposed alternative shall demonstrate 45 - - - - - -- _ - -- - - - - 46 _ - - - - - - •--- _ 47 --• - - - - - -- _ - - - - _ • _ _- . --- 48 - see -- - - - '. - -- - _ - - - - - -- 49 associated pedestrian and vehicular pathways, and 50 - -- - -- - - " 26 I:1LDC Amendment 2012 Cycle 11Amendment RevisionsWuthor Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 ii. Building and architectural standards, as specified below. These 2 deviation requests shall be subject to the proce^-s ^d procedures of 3 4 a) 1.02.35.G. Architecture Design Theme; and 5 b) 5.05.08 Architectural and Site Design Standards. 6 iii. 1.02.35. E. Landscape and Buffer Requirements and 1.06.00•7 - -- :_ - . . - - - - -- •-• - -e- --- -- 8 - - - - - -- - --- - - - - - - - - --9 - - -. - -__ -••-- - -- - - - - - -10 - - --- - - -•' •' - . A - . • -- - - - - 11 - --- e-- - - . -- - .- - - _ _ ! _- - _ -- __-- 12 space requirement for Mixed Use Projects in addition to other 13 - - - - --- - - _ -- _-- - - _ 14 . . •. - • - - •:. - - • - --- - - 15 e. _. - _ _ •. •. _ - _ -. -- -_ 16 a) Deviation requests for individual structures with curbside 17 pickup, that shall be subject to the process and procedures 18 provisions of subsection 5.03.01 G. Curbside Pickup. 19 20 1.02.35. D shall be subject to the proce and procedures of 21 .•_. . •- . .. - - - A - - • -- - - - - - - 22 with the provisions of subsection 5.03.01 A. 23 v. Notwithstanding the process and procedures 24 -- -- -- --- - ----- - -- - __ • - 25 decisions of the County Manager or designee shall be made solely '6 - -- - - e - ' -= - -- - --- ---- - _7 Laws and Ordinances. 28 vi. 1.02.35.C. Parking Standards. These deviation requests shall be 29 -- - e -- - - - - -e e ---e. - - •.e .••. 30 6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts • 31 '''- -- - ---- •- - 1.1 - ! ,,I • -- -- -- - - - - -- - - 32 --- - -- - - - - - - - - --- - - 33 -- -- -- - - •• - - - - - -- ' . _ • --- - - - - --- - - -34 those parcels with frontage on US 11, the south side of Davis Boulevard, 35 - e - ' -- - " e- - .e-e - - • -- „-- - - -„ _ ..-_ 36 - - • e- --- , • ==- - - - - -- ' e- - - - -- ...- 37 _ _ ! __ •-- _- _-_- _ -- -- - _ - - -- _ _ 38 -- - - -- - - -- - -- ---39 For mixed use projects scaly, subject to the MUP approval process in Sec. 40 .• . . ., - - - - - - - - - -- -- -_ . - . e -- -, e- -- _ 41 - - -- -- - - - 42 b. Residential Subdistrict (GTMU-D R). The purpose of this Subdistrict is to 43 -- - -- _- . - __ --- - -- - ___ - -- - -- --- - -- - -44 residential housing types. 45 i. Permitted uses. The fsllewing uses are-allowed in the GTMUD 46 Residential Subdistrict. 47 a) Residential Uses: 48 1. Single family dwelling units; 49 2. Two family dwelling units; c0 3. Townhouses; and 1 1. Multi family dwelling units. 27 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 b) Essential services as provided for in section 2.01.03 2 c) Parks, public or private, play areas and playgrounds. 3 d) Museums and art galleries. 4 -- - --et '- - • - - • - -. 5 f) Schools, public. 6 ii. Accessory uses. 7 a) Garages residential. 8 b) Guesthouses. 9 c) Swimming pools private. 10 d) Play areas and playgrounds. 11 iii. Conditional Uses: 12 a) Bed & breakfast facilities. 13 b) Schools, private. 14 c) Churches. 15 c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Triangle 16 Mixed Use District coincide with Mixed Use Activity Center#16 designated 17 in the Future Land Use Element (FLUE) of the Collier County Growth 18 --.._. • _ ._ . - __ --- - -- _ -- - - --_ _ -- 19 underlying zoning district requirements and the mixed use activity center 20 subdistrict requirements in the FLUE, except for site development standards 21 as stated in Chapter 4.02.35 of this Code. 22 d. All Subdistricts. Development within all Subdistricts of the GTMUD shall be 23 subject to the site development standards as stated in sections 1.02.35 and 24 4.02.36, as applicable. The subdistrict site development standards shall also 25 - -- - - --- _- . - ---- - - - • - - .- - - -26 classification. 27 _ P-permitted(GTMUD) a GATEWAY Mixed-Esc TRIANGLE Subdistrict MIXED USE (MXD) OVERLAY DISTRICT Land 1 Ise Type or Category Accounting Services 8721 - P Administrative Service Facilities - - - Adult Day Care Facilities&Centers 8322 - - Agricultu.al Activtie - - Agricultural Outdoor Sales - - - 0741,0742,0752 0783 - - Agricultural Services 0711,0721,0722 0724 - - Aircraft and Parts 3721 3728 - - Airport Ceneral Aviation - - - Amusement&Recreation Services 7911,7991 - - Ancillary Plants - - - Apparel&Other Finished Products 2311 2399 - - Apparel&Accessory Stores 5611 5699 - P Appraisers - - Architectural,Engineering,Surveying Services 0781,8711 8713 - P Assisted Living Facilities - - - Attorney Offices&Legal Services 8111 - P Auctioneering Service,Auction Rooms and Houses 7389,5900 - Auto and Home Supply Store 5531 - P 28 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Automobile-Perking 7521 - P Automotive Repair,Services,and Parking 7513 7549 - - Automotive Dealers and Gasoline Service Stations 5511,5531,5541,5571,5599 - - Barber Shops or Colleges 7211 - - Beauty Shops or Schools 7231 - Biking-Trails - - - Bowling Centers 7933 - - 1521 1542 - - Building Materials 5211 5261 - - Building Materials,Hardware,Garden Supplies 5231 5261 - - 8621 - - Business Repair Service - - P Business Services 7311 7313,7322 7338,7361 - P Bucinens Services 7319,7352,7359,7397,7312, - - Busine°s/Office Machines - - - Canee-Rental - - - Canoeing Trails - - - Care-U ts - - P Canwashes 7342 - - Category II Croup Care Facilities - - - Child Care Not for Profit - - - Child Day Care Services 8354 - - Churches&Places of Worship - - - Civic and Cultural Facilities - - - Collection/Transfer Sites - - Commercial-Printing 2752 - - Communications 4812 18°9 - - Construction - - - - 1711 1799 - - Continuing Care Retirement Communities - - - 584-3 - Drug Stores 6942 -Drugs-and-Medicine 2833.2836 - - Duplexes - - - Dwelling units - - P Eating Establishments and Places 5842 - P Educational Plants - - P Educational Services 8221 8244,8221 8299 - - Electronic Equipment S.Other Electrical Equipment 3612 3699 - - Engineering,Accounting,Management and Related 8711 8748 - P Equestrian Paths - - - Essential Services} - - P Excavation - - - Fabricated Metal Products 3411 3470,3419 3499 - - Fairgrounds - - - Family Care Facilities - - - Fishing Piers - - - Fishing/Hunting/Trapping 0912 1919 - - Fixture Manufacturing - - 2034,2038,2053,2061,2066, - - Food Products 2011 2099 - - Food Stores 5411 5499 - P Fraternal Organizations - - - Funeral Services and Crematories 7261- - - Furniture&Fixtures Manufacturing 2511 2599 - - 29 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term Gasoline Services Stations 5541,5511 5509 - P General Contractors 1521 5261 - - _ 5311 5399 - P Glass-and-Glazing-Work 4793 - - Colf Courccs - - - - 9111 9222,9224 9229,9311, - - Group Carc Facilities - - Gunsmith-Sbop 7699 - - Hardware Stores 5254 - P Health Food Stores - - - Health Services 8011 8019,8082 - P Health Services 8051 8059,8062 8069,8071, - - Heavy Construction 1611 1629 -Hiking-Trails - - - - Home Furniture, Furnishings,Equipment Store 5712 5736 - P Home 553-1- - P Hotels-and-Motels 7011,7021,7041 - P Houseboat-Rental 7999 - - - P 2812 2819 - - - - 3511 3599 - - Insurance Agencies,Brokers,Carriers 6311 6399,6411 - P 6712 6700 -. . - 8334 - - Justice,Public Order&Safety 0221,0222,0220 - - Labor Unions 8631 - - Labor-Pool 7363 - - Lakes Operations 7999 - - Large Appliance Repair Service 7623 - Leather Products 3131 3103 - Aft*- Libraries 8234 - - Local and Suburban Transit 4111 4121 - - - 4131 4173 - - 2426,2431 2499 - - Management Services 8711 8748 - P Marinas 4193,1409 - P - 381-2-3873 - - 3812 3873 - - = 8071,8072,8092,8093 Membership-Organ-izations. 8641--8699 - P 3911 3999 - - 7629 7631 - P - 5912 5963 - P 5992 5999 -Mobile-Home-Dealers 5271 - - Mobile-Homes 7812 7810 - - Motion Picture Theaters 7832 -4226 - Motor Freight Transportation and Warehousing 4 - Meter--Homes - - - nn„u: - - Museums and Art Galleries 8112 - P Nature Prescrvcs - - - Nature Trails - - - °° 6111 6163 - P 6011,6019,6021 6062,6082, - - Nursing Homes 8051,8052,8210 - P '' 30 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Office Machine Repair Service 7629 7631 - P - - - - Paint,Class,Wallpaper Stores 5231 - P Paper and Allied Products 2621 2673 - - Park Model Travel Trailers - - - Park Service Facilities - - - Parking Facilities - - P Parking Services - - P Parks,Public or Private - - - Parochial Schools Public or Private 8211 - - Party Fishing Boats Rental 7993 -Personal-Services - P Personal Services 72992 - €2 3812 3873 - - Photographic Studios 7221 - P Physical Fitness Facilities 7°91 - P Physical Fitness Facilities - - - Pickup Coaches - - Plastic Materials&Synthetics 2821,2834 - - Pleasure Boat Rental - - - Printing and Publishing Industries 2711,2712 - - Printing and Publishing Industries 77+�, r-- 279 - - Professional Offices 6712 6799,6411,6311 6399, - Professional Organizations 8631 - - Public Administration 9111 9199,9229,9311,9411 - - Railroad Transportation 4011,4013 - - Real Estate 6531 6541 - P R al Estate 6512 65145 6519,6531 8540 - - Recr ational Service Facilities - - - Recreational Services Indoor 7911 7941,7001 7003,7033 - - Recr ational Uses - - - Recreational Vehicles - - - Rehabilitative Centers 8093 - - Repair Shops and related services, not elsewhere 76993 - - Res arch Centers 8993 - - Research Services 8732 - - - 5264 - - Rubber and Misc.Plastic Products 3021,3052,3053 - - Safety Service Facilities - - - Schools,public - - - 8243 8209 - - Security Brokers,D alers,Exchanges,Services 6211 6280 - P Shoe Repair Shops or Shoeshine Parlors 7251 - P 7999 - - Social Services 8322 8300 - - Stone,Clay,Class and Concrete Products 3221,3251,3253,3255 3273, - - Stefage - - - Synthetic Materials 2434 - - Testing Services - - - Te.,tile M•ll Rfe cts Timeshare Facilities - - - Title Abstract Offices 6541 - - Tow in Parking Lots 7514,7515,7521 - - Townhouses - P 31 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Transportation by Air 4512 1581 - - Transportatien Eq . ent 3714,3716,3731,3732,3751, - - Transportation Services 4721 4783,1789 - - Travel Agencies .1721 - - Travel Trailers 5561 - - United States Postal Service"' 4311 - €° Veterinarian's Office° 742 - €" Veterinarian's Office 752 - R Videotape Rental 7841 - €� Vocational Rehabilitation Services 8331 - - Welr 7692 - - Wholesale Trade 6448 - - Wholesale Trade Durable Goods 5021,5031,5043 5019,5063 - - - ---- 5111 5159,5181,5182,5191 - - Wildlife Cone 9512 - - WildlifeMan of 071 - - Wildlife Sanctuaries - - - Watches/Clocks 3812 3873 - - 1 2 - -.. •••_ -_ •• -. . .. -- - -- • •- --. -4 - - - - - -- , - - - --- - - - -5 hair removal. 6 7 rod and reel repair. 8 4 Excludes major distribution center. 9 5 Excludes outdoor kenneling. 10 s Limited to 1,800 square feet of gross floor area. 11 12 - - - . - - - - - - • - - - -13 C-conditional use 6F13—AAXB A-accessory use .- .. SIC-cede Adult day care 8322 - Agricultural:animal&livestock breeding, - - Agricultural - - Agricultural services 0711,0742,0752 0783 - 7911 - Amusement&recr ation services 7911 7911,7901 7993,7997,7990 - Amusement&recreation services 7948,7992,7996,7999 - Ancillary plants - S Animal control - - Aquariums 8122 - Archery ranges 7-898 - Assisted living facilities - - Automotive d alers and gasoline service 5521, 5551,5561,5599 - Automotive rental/leasing 7513,7519 - Beach chair,bicycle,boat or moped rentals - - Bed&breakfast facilities 784-1- - Boathouses - - Boat ramps -Beat-yards - C ,d4004 Botanical garden 8422 C Bottle clubs 5843 - 32 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Camping cabins - - Care Units - - Garetakerls side..ee - A Category II group care facilities - - Cemeteries - - Chemical products 2812 2809 - Child day care 8351 G Chufehes 8664- - Civic&cultural facilities - - Clam nurseries - - Cluster development - - GoGMa+Neanges 684-3 - Collection/transfcr sites - - Commercial - Gommunioations 4812 1811 - Community-centers Community-theaters 7922 - Concrete or asphalt plants - - Continuing care/retirement centers - - Convenience stores 5111 - Dancing establishments&staged - entertainment - E304-1--6898 - Detention facilities - - Desks - - 66843. - Driving--ranges - - Earth-mining - - 684 2 - Education services 8211 8222 G Education facilities;public&private schools 8211 8231 G Electric generating plants - - Electric,gas,&sanitary services 4911 1971 - Excavation - - Extraction related processing and - Fabricated metal products 3482 3489 - Farm labor housing - - Farm product raw materials 5153 5159 - Field crops - - Fishing/ anting/trapping 0912 1919 - Food products 2011,2018 - Feed-service - - Food stores(over 5,000 s.f.) 5111 5499 - Fraternal lodges,private club,or social G clubs - Fuel d alers 5983 5989 - Fuel facilities - - Funeral services&crematories 7261 G Cift shops 5947 - Colf club house - - Colf course - - Golf-driving-range - - Group c��.^is - - Cuesthouses - - Health services 8011 - Homeless shelters 8322 - Hospitals 8862-8069 - Hotels-and-motels 7011,7021,7041 - 33 I:\LDC Amendment 2012 Cycle 1Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Hunting cabins _ - Incinerators _ - Jails - - Justice,public order&safety 9211 9224 - Kennels&kenneling 0742,0752 - Kiosks _ - 3111 - 1 .esto k �ivc�cocrc - - Local and suburban transit 1111 4121 - Local and suburban transit 1131 4173 - 2111 2421,2429 - Maintenan Marina 1193,1409 - Mental health facilities - - 7999 - Model homes and model sales centers _ - Motion picture th aters 7832 - Motor freight transportation and - warehousing - • Nursery retail 5261 - Nursing and personal care facilities 8862 G Nursing homes - - Oil and gas extraction 1321, 1382 - e" -- - . . - --• - Outdoer-display - O Packinghouse - - Paper and allied products 2614 Personaleervices s 7291 G -•: 2911 2999 Pistol or rifle range - - Poultry raising(small) - - Primary metal industries 3312 3399 - Private clubs - - Privateland'. .-trips Pro- ops((llarge) - Pfe-shops l) - - Recreational facilities - - Recreational services - - Refuse systems 4.953 - Rehabilitative centers 8093 - Repair or storage or as - - Residential uses - - Restaurant(small)or snack shop 581.2 - Restaurant(large) 5812 - Retail shops or sales - - Rubber and misc.Plastic products 3061 3089 - SanitaF-landflls - - Sawmills - - Schools,public or private - - SSchools,private - - Schools,vocational 8243 8299 - Service facilities - - Slaughtering plants 2011 - Social association or clubs 8641 G 34 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Social cervices 8322 8399 - Soup--kitchens - - Sports instructional camps or schools - - Staged entertainment facility - - Stone,clay,glass and concrete products 3211,3221,3229,3231,3241,3274,3291 3299 - Swimming pools public - - Sterage,enclosed - - Tennis-facilities - - Textile mill products , _ _ , _ - Transfer stations 1212 - Vetcrinarian's office 0741 0742 - Wholesale trade durable goods 5015,5051, 5052,5093 - 5162,5169,5171,5172,5191 - Zee 1 2 N. Gateway Triangle Mixed Use Overlay District (GTMUD). 3 This section contains special conditions for the properties in and adjacent to the Gateway 4 Triangle as identified by the designation "GTMUD" on the applicable official Collier County 5 Zoning Atlas Map or map series. 6 1. Purpose and Intent 7 The purpose and intent of this District is to encourage revitalization of the Gateway 8 Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with 9 human-scale, pedestrian-oriented, interconnected projects that are urban in nature 10 and include a mix of residential types and commercial uses. Development in this 11 District should encourage pedestrian activity through the construction of mixed-use 12 buildings, an interconnected street system, and connections to adjacent 13 neighborhoods. When possible, buildings are located near the street with on 14 street parking and off street parking on the side or in the rear of the parcel. 16 This District is intended to: revitalize the commercial and residential development; 17 promote traditional urban design; encourage on street parking and shared parking 18 facilities; provide appropriate landscaping and buffering; and protect and enhance 19 the Shadowlawn residential neighborhood. 20 2. Applicability 21 a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay 22 District as identified by the designation "GTMUD" on the applicable official 23 Collier County Zoning Atlas Maps. 24 b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and 25 properties with Provisional Uses (PU) approved prior to March 3, 2006, 26 including amendments or boundary changes to these PUDs and Provisional 27 Use properties, are not subject to the Gateway Triangle Mixed Use District 28 requirements. 29 3. Relationship to the Underlying Zoning Classification and Collier County Growth 30 Management Plan 31 a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of 32 the Collier County Growth Management Plan (GMP), as may be amended. 33 Specifically, the GTMUD implements the provisions of section V.F, Bayshore 34 Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. 35 Portions of the Gateway Triangle Mixed Use District that coincide with Mixed 36 Use Activity Center #16 as designated in the FLUE of the Collier County 37 GMP. Development standards in the activity center is governed by 38 requirements of the underlying zoning district requirements and the mixed 9 use activity center subdistrict requirements in the FLUE, except for site 35 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term 1 development standards as stated in section 4.02.35 of the Collier County 2 Land Development Code (LDC). 3 b. Property owners may establish uses, densities and intensities in 4 accordance with the existing LDC regulations of the underlying zoning 5 classification, or may elect to develop/redevelop under the provisions of the 6 applicable GTMUD Subdistrict. In either instance, the GTMUD site 7 development standards as provided for in section 4.02.35 shall apply. 8 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts 9 a. The Gateway Triangle Mixed Use District consists of the following 10 subdistricts: 11 i. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this 12 subdistrict is to provide for pedestrian-oriented commercial and 13 mixed use developments and higher density residential uses. 14 Developments will reflect traditional neighborhood design building 15 patterns. Individual buildings are encouraged to be multi-story with 16 uses mixed vertically, with street level commercial and upper level 17 office and residential. Included in this District is the "mini triangle" 18 formed by US 41 on the South, Davis Boulevard on the North and 19 Commercial Drive on the East, which is intended to serve as an entry 20 statement for the Bayshore Gateway Triangle CRA and a gateway to 21 the City of Naples. 22 ii. Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is 23 to encourage the continuation and revitalization of the Shadowlawn 24 neighborhood. The subdistrict provides for a variety of compatible 25 residential housing types and a limited mix of non-residential uses in 26 a walkable context. 27 b. Use Categories and Table of Uses. 28 i. All uses permitted in the GTMUD subdistricts have been divided into 29 nine general categories, which are summarized below: 30 a) Residential: Premises available for long-term human 31 habitation by means of ownership and rental, but excluding 32 short-term leasing or rental of less than one month's duration. 33 b) Lodging: Premises available for short-term human habitation, 34 including daily and weekly rental. 35 c) Office and Service: Premises available for the transaction of 36 general business and the provision of services, but excluding 37 retail sales and manufacturing, except as a minority 38 component. 39 d) Retail and Restaurant: Premises available for the 40 commercial sale of merchandise, prepared foods, and food 41 and drink consumption, but excluding manufacturing. 42 e) Entertainment and Recreation: Premises for the gathering of 43 people for purposes such as arts and culture, amusement, 44 and recreation. 45 f) Manufacturing, Wholesale and Storage: Premises available 46 for the creation, assemblage, storage, and repair of items 47 including their wholesale or retail sale. 48 g) Civic and Institutional: Premises available for organizations 49 dedicated to religion, education, government, social service, 50 and other similar functions. 36 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 h) Infrastructure: Uses and structures dedicated to 2 transportation, communication, information, and utilities, 3 including Essential Services. 4 ii. Interpretation of the Table of Uses 5 a) Any uses not listed in the Table of Uses are prohibited. In the 6 event that a particular use is not listed in the Table of Uses, 7 the County Manager or designee may determine that it falls 8 within the same class as a listed use through the process 9 outlined in LDC section 1.06.00, Rules of Interpretation. 10 b) The Table of Uses identifies uses as permitted uses (P); 11 accessory uses (A); conditional uses (CU), or a 12 combination of the three. Blank cells indicate that a use is not 13 allowed in the corresponding subdistrict; however, such use 14 may be permitted by the underlying zoning designation. 15 c) Mixed Use Projects shall be limited to the permitted, 16 accessory and conditional uses allowed in the GTMUD- 17 MXD subdistrict, and subject to the MUP approval process 18 as outlined in section 10.02.15. All other projects may elect 19 to establish uses, densities and intensities in accordance 20 with their underlying zoning or in accordance with the Overlay 21 Subdistrict. However, all projects must comply with site 22 development standards as provided in section 4.02.16. 23 iii. Table of Uses 37 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM a c -0 ..- E p c N O ''0 C r m a . N v L _0 L _c p c Q) C x. a) c 70� � _c = (6 O •' v � ) a WI Cl) D (D 'CT) .� J D nj oNo c ' c C 2 0 U 4 >• O o v X 0 co U Z m c. '" c a) c Cfl M d 2 8 „ cv O .0 I- (v 0 (.) 0 c " a >✓ U p co CO co Cfl Y 3 • O L z N E c) t- 00N- - - T– CO a a) co U) co 0000 O 0 ' > ' CU co 0 o O 0 • m cil 0 4) 4 m I CO en C -C U o D Q o o U p DX aiaalaIai <I<Iala lai al al VIaIa i al 0-1 o L v • o• Pr 0 U CO O O - - N r• O S p 0 O X o U O U) u) F. o = C •c C Q j O O L .O .,—L.. — c�0 O U C C - `o 8 .c p .— Cn N u) -o -0 N D 46 co w O • c U) • U) ••L p Cr) a N c O c c . �-. E L L 0 a) �' al al al a1 al Lt QI QI Ul U UI UI U a • L- U N L U -a co 0 (6 0 •0 X c r ' •N = ca N D C s co a: O- a) L-• _co C s C U) c N LO as £ g O O . 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O c C C — E U O O as C U CO E )) .L O O N O N >. g U (J.?i L N C >C ililUH t O O 0 J .V .O C 4E' ca z O WW € i CF U N N •'C co a) L a) a �� co U) U a) a) C v H ? o i U N O CD to U E r) O -0 as tII, O: O C fn O cu U •.� O O':F— —J C C U O m o m � � col.is cn, `o O 1 .. z a) 0 5 E � � � �,� 0 ai 'L c2a m Q� N;_ � 2 � � re cnw � ci) V UW22acemrn!,ceQmW 51— > U x:: 0 Md' LaCOI� is-ala) .-- , U NM -• toCiJtico .... NM � tot:fl ,-, N 1 # # # # # # # # # # # # # 2 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment 3 Area BMUD Neighborhood Commercial Subdistrict 4 A. Dimensional Standards 5 6 - . ` - _ - • - - - - _ „ _ . • - - - - - - - e • -- - - -Site development standards Front yard setback 5 feet 1. The front setback shall also apply to any new buildings in the C 1 through C 3 Zoning Districts which underlay the BMUD Neighborhood Commercial Subdistrict. /1 and C 5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. Side yards abutting 15 feet residential Side alr- other 5 feet Rear yard 20 feet Waterfront 1844 25 feet - - streets with Bayshore Dr. shall have the same facing Bayshore Drive. are required to have a minimum depth of 35 feet. The Maximum square footage A building with commercial use only is limited to a maximum building foot print of 20,000 square feet Minimum floor area 700 square foot gross floor area for each unit, residential or commercial. Maximum height Commercial use only: Maximum /12 feet, not to exceed 3 stories height-Of-buildings Residential use only: Maximum /12 feet, not to exceed 3 stories height of buildings Mixed use: 56 feet, not to exceed 11 stories. Only the first two floors Residential on top of commercial shall be used for commercial uses. uses • - - - - 56 feet, not to exceed 1 stories uuotel gateel Maximum height of buildings in conformance with - -- - - - • - • _ classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height -- • 1** - - - •- -• -- - • uses only Maximum-density 41 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 2 B. Special Requirements for Accessory Uses. 3 1. Uses and structures that are accessory and incidental to the permitted uses 4 allowed within this subdistrict are allowed unless otherwise prohibited in this 5 subdistrict. 6 2. BMUD NC land immediately abutting Haldeman Creek may engage in boat rental 7 operations. 8 3. Lots abutting the Neighborhood Commercial {NC) and Waterfront (W)•9 ..,. :s - e - -- e - . - - , e. --- - - - -- s - c-- f f 10 the lots are under the same ownership as the adjacent BMUD NC or BMUD W 11 -- - • ' - -- - - - -- • - --- - 12 designee and must succeed in gaining approval. 13 C. The following regulations govern the outdoor display and sale of merchandise. 14 1. No automatic flood and drinking vending machines or public pay phones arc 15 permitted outside of any structure. 16 2. Newspaper vending machines will be limited to two machines per project site and 17 shall be permanently affixed (not portable). 18 3. Outdoor display and sale of merchandise, within front yards on improved 19 properties, are permitted subject to the following provisions: 20 a. The outdoor display/sale of merchandise is limited to the sale of 21 - -- - - - .._ - - - - - - _ --- - . 22 O. Parking Standards. 23 1. Four spaces per 1,000 square feet of floor area open to the general public for 24 commercial use. 25 2. Minimum two parking spaces for each residential unit. 26 3. Outdoor cafe seating shall be exempt from parking calculations. 27 '1. On street parking on local streets excluding€ayshore Drive requires an 28 agreement with the county to use the public right of way for parking. Angle or 29 parallel parking (as depicted on BMUD Figure 1) is permi^„ible based on the site•30 _- . - __ --- - - - - -- - -- --. - - - -- - - - - 31 County standards. 32 5. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) 33 Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the•34 -- -e - -- - - ' - - - S. - - -• -- -- - - - - 35 retention and management areas. The accessory parking zone must be under 36 the same ownership or legal control (i.e., lease or ascmcnt, etc), and meet the 37 - .. - - - 38 approved by the County Manager or designee. (See BMUD Figure 1) 39 �r 1 11 U I I l6 U - u -'--+ LJ . e ot , WA _ I7 010.2 a : , •n, 77, !:I; :....'ft :',. L.--r” A-0-000 1, " ' '-,..,:-,-,-N i-----r-' atg i11 It It° .. . _ \`:`'7_4° -V-C s-/-- 4'/' .!It' em r_3- rt m sc. — 40 - 41 - - - 42 43 42 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 a. - -- -- - • - - -- - - --- - _- e _ - - - e - e- • - 2 _ _ - --e !o. - - -- - -- - - -.._- 3 a. The design shall be a single aisle double loaded parking lot. 4 b. The remaining parking requirement shall be located on the side or rear of 5 the-building, 6 7. Shared parking requirements shall be consistent with those provided in•7 - - - '.e .' _ -- D - - --- - - - -- 8 - -- - - - • --- - - - - - - `- .- __ --- 9 Director with review by the CDES Administrator, Board of Zoning Appeals or 10 ' - - - -- --- - • - - -- - -- - - _ . _- --- - - =- _11 Drive or any east west street intersecting Bayshore Drive provided the two 12 properties are located within the BMUD. 13 E. Design Standards For Awnings, Loading Docks, and Dumpsters 14 1. Loading docks and service areas shall not be allowed along the street frontage. 15 2. All dumpsters, for new developments of le than 2 acres, must be located in the 16 -- - - - •- - a:-- , -: - .' e - _•• __ . _ - '. - 17 F. Landscaping and Buffer Requirements 18 1. As required by section 1.06.00 of this Code, unless specified otherwise below: 19 2. Buffers are required between mixed use PUDs, BMUD NC and BMUD W 20 21 _ _ -_ _' - - -. - ---• - _ -- - _ -- -22 23 row of shrubs at least 21 inches in height, and 3 feet on center at the time of 24 - - - - - - - - - - •--- _ •- - . 25 3. A shared 10 foot wide landscape buffer with each adjacent property contributing•26 - -- - - _ . _ -- ' -e --- _ -.ee • 27 abutting commercial zoned districts or abutting BMUD NC or BMUD W 28 29 •- -- - -• - - - - --- - - - - .a-a a. - a , -- - _ - - -- --- 30 -- - - -. - -- - - -- -- - - - - - -- . 31 4. Building Foundation Planting 32 -- -- -- - - - - - -- . •-•-•••--- a °. - -- - -- - -- -- - - 33 perimeter measured in linear feet and an average of 5 feet wide. This area must 34 - - - - -- - - - -- •• -- - -- - -- - - - -- - -- •• _- 3 5 - -- - -- - - -- e. - - - - _- --- - ; - - • a.. - • -- 36 37 planted in areas that are a minimum of 8 feet wide. Palm trees, when used to 38 •--- - -- - - -- -- - -- - - --- - - - -- •• 39 equivalent of one tree. 40 5. Water Management/fir a 41 A minimum of 50% of the surface water management area shall be landscaped. 42 -- - - - -'- - _ - _ -- ! - -- - -- , - -- -- - 43 _ - - - - -- , - -- - - - - - - - --- - - - - . 44 6. Parking Perimeter 45 - 46 - -- e at --- - --e - -- - , • • -- • - e- - 47 •- - - . _ -- • _ '- - - --- - - - -- -- -- - • - - - 48 feet on center 49 7. Right of Way Buffers 50 - - - - - gi A -e•- _ -- ' a: •-_- 51 Subdistrict (NC) are not required to have ROW buffers. 43 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 a The streetscape and landscaping standards in the ROWs abutting C 1 2 - --- - - ...- •- _,, _ e , - . -e e- - __ •-- _- 3 based on Streetscape Design Guidelines to be prepared by Bayshore/ 4 5 Beautification MSTU. 6 8. Streetwalls. Streetwalls shall be used when surface parking lots abut the right of 7 8 a The wall shall be constructed of the same materials as the primary 9 10 or recess a minimum of every 10 to 15 feet. The streetwall may be a 11 combination of wall and metal fence materials. The street side of the 12 streetwall shall have trees at 30 feet on center and shrubs least 24 inches 13 - -- - - - -- -- _ -- - _ •-- - - - =, • - -- 14 covers other than grass in a minimum 5 foot wide strip. No streetwall is 15 "- - - -- - - - -_ - e -- . - __ •-- . 16 b. No two streetwalls shall adjoin on a common property line. 17 c. The streetwall shall be set back the appropriate distance from the front 18 yard setback line in order to meet County standards for site distance 19 triangles (Section 4.06.01, D.1.) for egress from parking lots. 20 9. These landscaping and buffer requirements shall apply to all new buildings in the 21 , - - -- --- -- . ..- - - - - - " -- -- • - -e - 22 through C 5 zoning districts. 23 111 1 111111 1111 1 1 1 1 1 1 1111111 —1 i i i i I ii ii`- - - "" S i d e P a r k i n g Lot w i t h S t r e e t w a/t R°s'.,^°^, 1 1 1 1 I —ice I- r _jr _ I— .. �_�_� 1111111 h ►�._.��I - :— J_ 't 24 25 - - • • _ 26 G. Architectural Design Theme. 27 The "Florida Cracker" architectural theme is encouraged for any new developments or 28 - - - • - - - - - - - - - - -- - - --- - - - -•29 - - - ' ' ' - • ee eee - - ' - - - 1 . "- e 30 -- -- -' ---- - - - - - _ ---•- ' _ --- -- - ----- _• 31 the buildings should reflect the architectural vernacular of the "Florida Cracker" style. 32 "Old Florida" or"Florida Cracker" Vernacular 33 {For illustrative purposes only) 44 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM ' w a ti I 11.1-- rF �.__' b a, '•�ti. �-\L`.-L �� l x.1.8 1 � 1 --_ 2 3 4 1. All buildings shall meet the requirements set forth in section 5.05.08 unless 5 otherwise specified below. • 6 -- - - - -- _ - -- - - - - - - - -- - - ----- _ 7 required. • •8 . - - - - --- - - - - - - - • --- -- 9 _ _ - - - - -- , -• - - , - - - 10 treatments. 11 b. Hip or gable building roofs shall be metal seam ( 5v Crimp, standing 12 scam or similar design) 13 c. Windows with vertical orientation and the appearance of divided glass 14 trim. 15 d. Facade wall building materials shall be of wood, stucco finish or cement 16 board-produots, 17 c. All buildings immediately abutting to Bayshore Drive shall have the 18 1 9 - - - •• -- - - - - - - - - - - --- -20 -- • • - _ _ - - - _ . . 21 f. Thirty five (35) percent of the buildings facade along Bayshore Drive will 22 be clear glass. 23 - _- - - __ • . - _ °. - - -- --- •- -- - -24 25 façade of the first floor of any building. 26 h. Attached building awnings may encroach over the setback line by a 27 maximum of five (5) feet. 28 i. Florescent colors shall not be used. 29 H. Signs. As required by division 5.06.00 unless specified below: 30 a-- - - - --- - - - - - -- - _ _ - - - - 31 32 I. Specific Standards for Bed And Breakfast Lodging as a Conditional Use. 33 1. Minimum number of guest rooms or suites is 2 with a maximum number of 6. 34 --- -- --- -• - - - - ' - _ _ 35 5-5 -- • • - _ -_- _ .. _ -- - -- 36 2. No cooking facilities shall be allowed in guest rooms. 37 3. Separate toilet facilities for the exclusive use of guests must be provided. At least 38 1 bathroom for each 2 guestrooms shall be provided. 45 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 '1. All automobile parking areas shall be provided ota site, based upon a minimum of 2 _. - - - -- - - -- - 5-5 -- . A - -- - -- - e - - - - -- 3 LDC relative to parking facilities shall apply. 4 5. One sign with a maximum sign area of 1 square feet containing only the name of 5 the proprietor or name of the residence. Sign lettering shall be limited to 2 inchc, 6 in height and shall not be illuminated. 7 6. An on site manager is required. 8 A. Dimensional and Design Standards for the BMUD 9 1. Neighborhood Commercial Subdistrict (BMUD — NC) 10 a. Specific District Provisions: 11 i. Maximum Density: 12 units per acre comprised of density 12 allowed by the underlying zoning district and available density 13 bonuses. 14 ii. Lot and building dimensional requirements for new development 15 are provided below. These requirements shall be based on the 16 building type of the principal structure(s) as described in 17 section 4.02.16 D., Building Types and Architectural Standards. 18 19 Table 1. Dimensional Re•uirements in the BMUD— NC House' Rowhouse2 Apartment Mixed- Commercial Civic & Use Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard 20 15 20 20 20 20 (ft) Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq 700 700 700 per 700 per 700 per unit n/a unit unit Min. Building n/a n/a 10 10 10 10 Separation Max. Building 42 42 42 56 56 42 Height (ft)4 20 21 Notes: 1 See 4.02.16.A.7 regarding Duplexes 22 2 See 4.02.16.A.7 regarding Two-Family Dwellings 23 3 Applies to individual unit 24 4 Zoned Height of Building 25 5 Property zoned C-3 shall have a minimum lot width of 75 feet 46 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 2. Waterfront Subdistrict (BMUD—W) a. Specific District Provisions: Maximum Density: 12 units per acre comprised of density allowed by 4 the underlying zoning district and available density bonuses. 5 ii. Lot and building dimensional requirements for new development are 6 provided below. These requirements shall be based on the building 7 type of the principal structure(s) as described in section 4.02.16 D., 8 Building Types and Architectural Standards. 9 10 Table 2. Dimensional Requirements in the BMUD—W House' Rowhouse2 Apartment Mixed- Commercial Civic & Use Institutional Min. Lot 50 253 100 100 1005 100 Width (ft) Min. Front 10 10 10 5 5 10 Yard (ft) Max. Front 20 15 20 20 20 20 Yard (ft) Min. Side 5 5 5 5 5 10 Yard (ft) Min. Rear 15 15 20 20 20 20 Yard (ft) Waterfront 25 25 25 25 25 25 Yard (ft) Min. Floor 700 700 700 per 700 per 700 per unit n/a Area (sq ft) unit unit Min. n/a n/a 10 10 10 10 Building Separation Max. 42 42 42 56 56 42 Building Height (ft)4 11 12 Notes: 1 See 4.02.16.A.7 regarding Duplexes 13 2 See 4.02.16.A.7 regarding Two-Family Dwellings 14 3 Applies to individual unit 15 4 Zoned Height of Building 16 5 Property zoned C-3 shall have a minimum lot width of 75 feet 17 18 19 20 21 22 47 1:\LDC Amendment 2012 Cycle 1'Amendment Revisions Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 2 3. Residential 1 Subdistrict (BMUD— R1) 3 a. Specific District Provisions: 4 i. Maximum Density is limited to the maximum density allowed by 5 the underlying zoning district and any available density bonuses. 6 ii. Lot and building dimensional requirements for new development 7 are provided below. These requirements shall be based on the 8 building type of the principal structure(s) as described in 9 section 4.02.16 D., Building Types and Architectural Standards. 10 11 Table 3. Dimensional Requirements in the BMUD — R1 Civic & House' Rowhouse2 Apartment Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building n/a n/a 10 10 Separation Max. Building Height 35 35 35 35 (ft)4 12 13 Notes: 1 See 4.02.16.A.7 regarding Duplexes 14 2 See 4.02.16.A.7 regarding Two-Family Dwellings 15 3 Applies to individual unit 16 4 Zoned Height of Building 17 48 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 4. Residential 2 Subdistrict (BMUD– R2) 2 a. Specific District Provisions: 3 i. Maximum Density is limited to the maximum density allowed by 4 the underlying zoning district and any available density bonuses. 5 ii. Lot and building dimensional requirements for new development 6 are provided below. These requirements shall be based on the 7 building type of the principal structure(s) as described in 8 section 4.02.16 D., Building Types and Architectural Standards. 9 10 Table 4. Dimensional Requirements in the BMUD – R2 Civic & House' Rowhouse2 Apartment Institutional Min. Lot Width (fp. 50 253 100 100 Min. Front Yard (ft) 25 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building Separation n/a n/a 10 10 Max. Building Height 35 35 35 35 (ft)4 — — — — 11 12 Notes: 1 See 4.02.16.A.7 regarding Duplexes 13 2 See 4.02.16.A.7 regarding Two-Family Dwellings 14 3 Applies to individual unit 15 4 Zoned Height of Building 16 17 49 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 5. Residential 3 Subdistrict (BMUD– R3) 2 a. Specific District Provisions: 3 i. Maximum Density is limited to the maximum density allowed by 4 the underlying zoning district and any available density bonuses. 5 ii. Lot and building dimensional requirements for new development 6 are provided below. These requirements shall be based on the 7 building type of the principal structure(s) as described in 8 section 4.02.16 D., Building Types and Architectural Standards. 9 10 Table 5. Dimensional Re•uirements in the BMUD– R3 House' Mobile Rowhouse2 Apartment Civic & Home Institutional Min. Lot Width (ft) 40 40 253 100 100 Min. Front Yard (ft) 10 25 10 10 10 Min. Side Yard (ffl 5 7.5 5 7.5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per n/a unit Min. Building n/a n/a n/a 10 10 Separation Max. Building Height 35 30 35 35 35 (ft)4 — — — — — 11 12 Notes: 1 See 4.02.16.A.7 regarding Duplexes 13 2 See 4.02.16.A.7 regarding Two-Family Dwellings 14 3 Applies to individual unit 15 4 Zoned Height of Building 16 50 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 1 6. Residential 4 Subdistrict (BMUD— R4) 2 a. Specific District Provisions: 3 i. Maximum Density is limited to the maximum density allowed by 4 the underlying zoning district and any available density bonuses. 5 ii. Lot and building dimensional requirements for new development 6 are provided below. These requirements shall be based on the 7 building type of the principal structure(s) as described in 8 section 4.02.16 D., Building Types and Architectural Standards. 9 10 Table 6. Dimensional Requirements in the BMUD— R4 House' Civic & Institutional Min. Lot Width (ft) 50 100 Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Floor Area (sq ft). 1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft)2 35 35 11 12 Notes: 1 See 4.02.16.A.7 regarding Duplexes 13 2 Zoned Height of Building 14 15 7. Exceptions to Dimensional Requirements: 16 a. For infill lots, the minimum front and side setbacks shall be equal to the 17 average setback dimensions on lots within 500 feet on the same block. 18 b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use 19 and Commercial building types, where permitted, if a party wall is 20 provided. 21 c. Duplexes, where permitted, are subject to dimensional standards for a 22 house building type, but shall have a minimum of 1,000 square feet of 23 building area per unit and a minimum lot width of 80 feet. 24 d. Two Family dwelling units, where permitted, are subject to dimensional 25 standards for a rowhouse building type, but shall have a minimum of 26 1,000 square feet of building area per unit and a minimum lot width of 27 40 feet per unit. 28 e. Setback Encroachments: 29 i. Front porches in the BMUD - R1 and BMUD — R3 subdistricts that 30 comply with the design criteria of 4.02.16 D.4.d. are permitted to 31 encroach into the front setback up to 7 feet, with an additional 3 32 feet encroachment for entry stairs. 33 ii. Arcades, awnings, and stairs are permitted to encroach into the 34 front setback up to 5 feet. 35 iii. Bay windows may project up to 2 feet into any required setback. 36 iv. Uncovered porches and stoops that do not exceed an average 37 finished height above grade of 36 inches may project into any 38 required setback up to 5 feet from the property line. 51 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 v. Handicap ramps installed on a residential structure to provide 2 access for a disabled resident may encroach into the front 3 setback, unless it can be provided at another entry point. 4 vi. Accessory structures may encroach into the setbacks as 5 provided in section 4.02.16 C.2. 6 vii. Non-structural accessory uses, such as HVAC, mechanical 7 equipment, rain barrels, cisterns and solar panels, may encroach 8 into the side and rear setback. 9 f. Height limitations shall not apply to church spires, belfries, cupolas, and 10 domes not intended for human occupancy, monuments, transmission 11 towers, chimneys, smokestacks, flagpoles, masts and antennas. 12 Parapets on a flat roof shall be no more than 5 feet in height at its highest 13 point. 14 15 B. Dimensional and Design Standards for the GTMUD 16 1. Mixed Use Subdistrict (GTMUD-MXD) 17 a. Specific District Provisions: 18 i. Maximum Density: 12 units per acre comprised of density 19 allowed by the underlying zoning district and available density 20 bonuses. 21 ii. Lot and Building Dimensional Requirements: Lot and building 22 dimensional requirements for new development are provided 23 below. These requirements shall be based on the building type 24 of the principal structure(s) as described in section 4.02.16 D., 25 Building Types and Architectural Standards. 26 ,- 27 Table 7. Dimensional Requirements in the GTMUD-MXD House' Rowhouse2 Apartment Mixed- Commercial Civic & Use Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard 10 10 10 6.56 6.56 10 (ft) Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront 25 25 25 25 25 25 Setback (ft) Min. Floor Area 1,100 1,000 750 per 700 700 per unit n/a (sq ft) unit per unit Min. Building n/a n/a 10 10 10 10 Separation Max. Building 42 42 42 56' 567 42 Height (ft)4 28 : , 29 52 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 Notes: 1 See 4.02.16.B.3 regarding Duplexes 2 2 See 4.02.16.B.3 regarding Two-Family Dwellings 3 3 Applies to individual unit 4 4 Zoned Height of Building 5 5 Property zoned C-3 shall have a minimum lot width of 75 feet 6 6 Development in the Mini-Triangle Area of the GTMUD— MXD subdistrict shall 7 have a maximum setback of 20 feet 8 ' MUPs in the Mini-Triangle Area of the GTMUD — MXD subdistrict shall have a 9 maximum zoned building height of 112 feet. 10 11 2. Residential Subdistrict (GTMUD R) 12 a. Specific District Provisions: 13 i. Maximum Density is based on maximum density allowed by the 14 underlying zoning district and any available density bonuses. 15 ii. Lot and Building Dimensional Requirements: Lot and building 16 dimensional requirements for new development are provided 17 below. These requirements shall be based on the building type 18 of the principal structure(s) as described in section 4.02.16 D, 19 Building Types and Architectural Standards. 20 21 Table 8. Dimensional Requirements in the GTMUD R Civic & House' Rowhouse2 Apartment Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1.100 1,000 750 per n/a unit Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 22 23 Notes: 1 See 4.02.16.A.7 regarding Duplexes 24 2 See 4.02.16.A.7 regarding Two-Family Dwellings 25 3 Applies to individual unit 26 4 Zoned Height of Building 27 28 53 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 3. Exceptions to Dimensional Requirements: 2 a. For infill lots, the minimum front and side setbacks shall be equal to the 3 average setback dimensions on lots within 500 feet. 4 b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use 5 and Commercial building types, where permitted, if a shared wall, or 6 party wall, is provided. 7 c. Duplexes, where permitted, are subject to dimensional standards for a 8 house building type, but shall have a minimum of 1,000 square feet of 9 building area per unit and a minimum lot width of 80 feet. 10 d. Two Family units, where permitted, are subject to dimensional standards 11 for a rowhouse building type, but shall have a minimum of 1,000 square 12 feet of building area per unit and a minimum lot width of 40 feet per unit. 13 e. Setback Encroachments: 14 i. Front porches in the GTMUD - R subdistrict that comply with the 15 design criteria of section 4.02.16 D.4.d. are permitted to encroach 16 into the front setback up to 7 feet, with an additional 3 feet 17 encroachment for entry stairs. 18 ii. Arcades, awnings, stairs and raised doorways are permitted to 19 encroach into the front setback up to 5 feet. 20 iii. Bay windows may project up to 2 feet into any required setback. 21 iv. Uncovered porches and stoops that do not exceed an average 22 finished height above grade of 36 inches may project into any 23 required setback up to 5 feet from the property line. 24 v. Handicap ramps installed on a residential structure to provide 25 access for a disabled resident may encroach into the front 26 setback, unless it can be provided at another entry point. 27 vi. Accessory structures may encroach into the setbacks as 28 provided in section 4.02.16 C.2 29 vii. Non-structural accessory uses, such as HVAC, mechanical 30 equipment, rain barrels, cisterns and solar panels, may encroach 31 into the side and rear setback. 32 f. Height limitations shall not apply to church spires, belfries, cupolas, and 33 domes not intended for human occupancy, monuments, transmission 34 towers, chimneys, smokestacks, flagpoles, masts and antennas. 35 Parapets on a flat roof can be no more than 5 feet in height. 36 C. Additional Standards for Specific Uses 37 Certain uses may be established, constructed, continued, and/or expanded provided 38 they meet certain mitigating standards specific to their design and/or operation. These 39 conditions ensure compatibility between land uses and building types and minimize 40 adverse impacts to surrounding properties. 41 1. Accessory Parking Zones 42 a. Lots adjacent to the Neighborhood Commercial (BMUD-NC), Waterfront 43 (BMUD-W) and Mixed Use (GTMUD-MXD) Subdistricts, designated 44 Accessory Parking Zoning (APZ) as identified on the Collier County 45 Zoning Map, may be used for off street parking or water retention and 46 management areas, in the following manner: 47 i. As an accessory use to an adjacent non-residential principal 48 use under the same ownership or legal control; or 49 ii. As a public parking lot designated as a principal use. 50 b. A buffer must be provided between the APZ and adjacent residential 51 lots as provided in section 4.02.16 E.2.a.i. 54 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 2. Accessory Uses to Residential Structures 2 An accessory structure located on the property and related to the primary 3 residence (single-family detached only) for uses which include, but are not limited 4 to: library, studio, workshop, playroom, screen enclosure, detached garage, 5 swimming pool or guesthouse. 6 a. Ownership of an accessory structure shall not be transferred 7 independently of the primary residence. 8 b. Accessory building(s), excluding swimming pools and screen 9 enclosures, may be located on up to 30 percent of the side or rear yards. 10 For the purposes of this provision, the yard shall be the area between the 11 principal structure and the side or rear property line. 12 c. The maximum area of a guesthouse is 750 square feet, limited to 1 13 habitable floor; the minimum area is 500 square feet. 14 d. The guesthouse must be of new construction and must meet National 15 Flood Insurance Program (NFIP) first habitable floor elevation 16 requirements. The guesthouse may be above a garage or may be 17 connected to the primary residence by an enclosed breezeway or corridor 18 not to exceed 8 feet in width. 19 e. Fences and walls: Fences and walls located in the front yard are 20 permitted subject to the following conditions: 21 i. The fence or wall shall not exceed 42 inches in height. 22 ii. Fence material shall be wood picket, wrought iron or material of 23 similar appearance and durability. Garden or decorative walls 24 may be brick, stone stucco block. 25 f. Height: The maximum zoned height of an accessory structure is 26 26 feet. Screen enclosures may exceed the maximum height, but in no case 27 be higher than the principal structure or 35 feet, whichever is less. 28 p. Location: Accessory structures shall not be located in the front yard, 29 except that accessory structures located on corner lots may be located 30 in the front yard with the longer street frontage. Accessory structures 31 shall be setback a minimum of 10 feet from the rear property line and 32 shall have the same side setback as required for the principal structure 33 for the overlay subdistrict in which it is located. 34 3. Artist Village 35 a. Artist village is limited to the housing of artists, such as painters, 36 sculptors,jewelry makers, in one or more multifamily attached dwellings, 37 clustered single-family detached dwellings, or a combination thereof. 38 b. Dwellings shall not be leased for periods less than 30 days. 39 c. Artist village consisting of clustered, single-family detached dwellings, 40 shall be designed consistent with the provisions for cluster residential 41 design in section 4.02.04. 42 d. Shared studio and/or gallery space shall be provided for the use of all 43 residents of the artist village. 44 4. Bed and Breakfast Facilities 45 a. Minimum number of quest rooms or suites is 2 with a maximum number 46 of 6. Guest occupancy is limited to a maximum stay of 30 days. The 47 minimum size of bedrooms for guest occupancy shall be 100 square feet. 48 b. No cooking facilities shall be allowed in quest rooms. 49 c. Separate toilet facilities for the exclusive use of guests must be provided. 50 At least 1 bathroom for each 2 guestrooms shall be provided. 55 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 d. Parking: 2 spaces plus 1 space for each bedroom. All other applicable 2 provisions of this LDC relative to parking facilities shall apply. 3 e. Signage: 1 sign with a maximum sign area of 4 square feet containing 4 only the name of the proprietor or name of the residence. Signs shall not 5 be illuminated in residential subdistricts. 6 f. A 24 hour on-site manager is required. 7 5. Community Garden 8 a. The property shall be maintained in good condition consistent with the 9 County's property maintenance standards. All planting materials, tools, 10 and equipment must be removed from the site each day or secured in a 11 permitted accessory structure. 12 b. Hours of operation shall be limited to dawn to dusk. 13 c. The sale of items from the property shall be prohibited, except by an 14 approved special event. 15 d. Any use of fertilizer must comply with provisions set forth in Collier 16 County Code of Ordinances, Article II: Florida-Friendly Use of Fertilizers 17 on Urban Landscapes. 18 e. Required Yards: 19 i. Accessory buildings, including storage sheds or greenhouses, 20 are permitted on site and must meet the principal structure 21 setback requirements for the subdistrict in which it is located. 22 ii. All plantings shall be setback a minimum of 10 feet from the 23 street right-of-way and five feet from the rear and side property 24 lines. 25 f. Operating Procedures: A community garden must have a set of 26 operating rules addressing the following: 27 i. Identification of, and contact information for, a garden coordinator 28 to perform the coordinating role for the management of the 29 community gardens; 30 ii. Maintenance and security requirements and responsibilities; 31 iii. Identification of how garden plots are assigned in a fair and 32 impartial manner. 33 6. Live-Work Units 34 a. All live-work units must fully comply with any and all Building Code 35 requirements. 36 b. The non-residential use areas shall meet accessibility requirements of the 37 applicable Building Code (including site access and parking) and be 38 oriented to the street. 39 c. Size: The Live-Work unit shall have a minimum total size of 1,000 40 square feet and a maximum total size of 3,000 square feet and three 41 stories in height. The non-residential use area must occupy less than 50 42 percent of total unit. 43 d. The same individual(s) must occupy the non-residential use area and 44 living area. 45 e. The Live-Work unit may employ a maximum of 1 non-resident 46 worker/employee on premise at any one time. 47 f. Live-work units in non-residential subdistricts (BMUD-NC, BMUD-W and 48 GTMUD-MXD) shall be established through the mixed use protect 49 approval process. 50 q. Limitations on use. The non-residential component of a live-work unit 51 shall be limited in the following manner: 56 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 i. Live-work units in a non-residential subdistrict (BMUD-NC, 2 BMUD-W and GTMUD-MXD) limited to uses permitted within the 3 applicable subdistrict or underlying zoning district. 4 ii. Live-work units approved as a conditional use in a residential 5 subdistrict (BMUD-R3 and GTMUD-R) shall be limited to non- 6 residential uses including artist studio, professional office, 7 professional service such as hair salon or tailor, or any other use 8 deemed to be similar in nature by the BZA during the conditional 9 use process. Non-residential uses may include ancillary retail, 10 such as galleries selling artwork and hair salons selling hair 11 products. 12 iii . Prohibited uses include Vehicle Maintenance or Repair, 13 Entertainment, Drinking and Public Eating Establishment, the sale 14 of food and beverages, Sexually-Oriented Businesses, veterinary 15 services, and activities involving biological or chemical substances 16 that require a controlled environment or may pose a health 17 hazard. 18 h. Parking: 1 parking space per 500 square feet of the non-residential 19 portion of the live-work unit plus 1 space for the residential unit. 20 i. Signaqe: Signaqe for live-work units in a commercial subdistrict shall be 21 limited to wall signs in accordance with section 5.06.04. Live-work units 22 located in a residential subdistrict shall be limited to 1 non-illuminated wall 23 sign with a maximum sign area of 8 square feet. 24 7. Marinas and Boatyards 25 a. Repair and dry storage areas shall not be visible from the street. 26 b. Boats available for rental purposes shall be located in the water or 27 screened with a fence or wall from the local side streets and adjacent 28 residential lots and shall not be visible from Bayshore Drive. 29 c. All boat racks shall be enclosed with a wall or fence and the boats shall 30 not exceed the height of the enclosure. The fence material can be wood, 31 vinyl composite, concrete block with stucco finish or metal or a 32 combination. No chain link fence is allowed. 33 d. Height of structures may be increased to a maximum actual height of 50 34 feet by the Board of Zoning Appeals (BZA) upon approval of a variance 35 petition. 36 e. Outdoor displays of boats for sale on properties fronting Bayshore Drive 37 shall be limited to the following: 38 i. All areas used for boat display activities shall occupy no more 39 than 35 percent of the linear frontage of the property. 40 ii. All boat sale areas shall not be closer to the frontage line than the 41 primary building they serve. 42 iii. All boats located within an outdoor sales area shall not exceed the 43 height of 17 feet above existing grade. 44 iv. Outdoor sales areas shall be connected to the parking area and 45 primary structure by a pedestrian walkway. 46 v. An additional landscape 10 foot buffer is required around the 47 perimeter of the outdoor boat sales area. This buffer must 48 include, at a minimum 14 foot high trees, spaced at 30 feet on 49 center and a 3 foot high double row hedge spaced at three feet on 50 center at the time of planting. 51 f. One parking space per 5 dry boat storage spaces. 57 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 g. On-site traffic circulation system shall be provided that will accommodate 2 areas for the loading and unloading of equipment that will not encroach 3 upon residential developments. 4 8. Mixed Use Project 5 a. Mixed Use Projects are typically human-scale, pedestrian-oriented, 6 interconnected projects with a mix of residential and commercial uses 7 such as retail, office and civic amenities that complement each other. 8 Residential uses are often located above commercial uses, but can be 9 separate areas of residential use only with close proximity to commercial 10 uses. An interconnected street system is the basis for the transportation 11 network. Buildings are encouraged to be built close to the vehicular and 12 pedestrian way to create a continuous active and vibrant streetscape 13 utilizing the architecture, landscaping, lighting, signage, and street 14 furnishings. 15 b. Mixed Use Projects in the BMUD-NC, BMUD-W and GTMUD-MXD shall 16 be reviewed and permitted in accordance with section 10.02.15. 17 c. A minimum of 60 percent of all commercial uses within a mixed use 18 project shall provide retail, office and/or personal service uses to serve 19 the needs of the subject project and surrounding residential 20 neighborhoods. 21 d. A maximum of 25 percent of the residential units within a mixed use 22 project shall be on gated roadways. Residential uses shall be 23 constructed concurrent with, or prior to, the construction of commercial 24 uses so as to insure actual development of a mixed use project, or 25 otherwise in accordance with a development schedule approved for the 26 project and made a condition of the MUP approval. 27 e. MUPs shall provide connection to local streets, adjoining neighborhoods 28 and adjacent developments, regardless of land use types. A grid street 29 pattern is preferred; however, modifications may be approved, provided 30 the vehicular network provides interconnections between internal uses 31 and external connections to adjoining neighborhoods and land uses. The 32 network shall fully accommodate pedestrian, bicycle, and transit. 33 f. The commercial component of a mixed use project may be located 34 internal to the project or along the boundary; if externally located, internal 35 access roads and service access shall be provided so as not to promote 36 strip commercial development along external collector and arterial 37 roadways. 38 q. Parking lots shall be dispersed throughout the project. No one parking lot 39 shall provide more than 40 percent of the required off-street parking. 40 Parking garages shall have no restrictions on percentage of required 41 parking that may be accommodated. This requirement shall not apply to 42 individual parcels less than 5 acres in size. 43 h. At least 30 percent of the gross area of mixed use projects shall be 44 devoted to useable open space, as defined in section 4.02.01 B. In the 45 case of any request to deviate from this requirement, a donation of land, 46 cash, or other in-kind contribution may be accepted by the CRA, where it 47 has been demonstrated to sufficiently mitigate for the reduction of 48 required on-site usable open space. This cash or in-kind contribution 49 may be used to enhance the public realm (public art, plaza, fountains, 50 etc). This usable open space requirement shall not apply to individual ,44*0, 51 parcels less than 5 acres in size. 58 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 9. Outdoor Display and Sale of Merchandise 2 a. No automatic food and drinking vending machines are permitted outside 3 of any structure. 4 b. Newspaper vending machines will be limited to two machines per project 5 site and shall be permanently affixed (not portable). 6 c. Outdoor display and sale of merchandise, within front yards on improved 7 properties, is permitted provided the merchandise is limited to the sale of 8 comparable merchandise sold on the premises. 9 D. Building Types and Architectural Standards 10 1. Purpose and Intent 11 The purpose of this section is to supplement the provisions of section 5.05.08 of 12 the LDC by identifying and providing design standards for the building types 13 allowed within the Bayshore Gateway Triangle Redevelopment Area. The 14 standards are intended to attach the same importance to the overall building 15 design as is placed on the use contained therein, and to ensure that proposed 16 development is consistent with the CRA's goals for building form, character 17 and quality. Buildings within the BMUD and GTMUD are expected to be added 18 as long-term additions to the architectural vibrancy of the community. 19 2. Applicability 20 Each proposed building shall be designed in compliance with the standards of 21 this section for the applicable building type, regardless of the underlying zoning 22 district provisions. The uses permitted within the building are determined by the 23 underlying zoning district or overlay subdistrict in which it is located. All 24 buildings shall meet the design requirements set forth in section 5.05.08 unless 25 otherwise specified in this section. 26 3. General Architectural Standards 27 a. Architectural Style: The building design standards of this section do not 28 mandate a particular building style and permit a wide variety of 29 architectural expressions. When a building exhibits a known 30 architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) 31 the details shall be consistent throughout the building and any 32 accessory structures on the same site. 33 b. Frontage: The primary entrance for any building must be oriented to the 34 street. Orientation is achieved by the provision of a front facade including 35 an entry door that faces the street or square. This requirement shall not 36 apply to mobile homes or to buildings that are interior to a site that has 37 other buildings that meet this provision. 38 c. Compatibility: Proposed buildings should relate to adjacent buildings in 39 similarity of scale, height, architectural style, and/or configuration. 40 Exceptions to this provision include civic and institutional buildings 41 such as churches and schools. 42 d. Facade Treatment: Architectural elements such as windows and doors, 43 bulkheads, masonry piers, transoms, cornices, window hoods, awnings, 44 canopies, and other similar details shall be used on all facades facing a 45 public right-of-way. 59 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM ■Ems II_ II : DECORATIVE CORNICES i 1\ WINDOW TRIM 1 - - (MINIMUM E) GABLES h V WIDE) EAVES ..,._.:;.._ pi 0. BALCONIES \I_ -1 OPEN ARCADE I r i'i I I OR COVERED u u u u u u u u BUILDING WALKWAY BOUTIQUE s —,titer �r-r _ < AWNINGS TRANSOMS/ f, J I 1 ALONG FIRST TRANSOM 1 FLOOR LIGHTS 77 PILLARS OR ENTRYSED I �' �� ® POSTS 1 2 BGT Redevelopment Area Figure 1 3 Facade Treatments 4 (For illustrative purposes only) 5 6 4. Building Type: HOUSE 7 a. Description: The predominant building type in the Bayshore Gateway 8 Triangle Redevelopment Area and is intended for use as a single-family 9 detached dwelling located on its own lot, although it may also 10 accommodate duplexes, small multi-family dwellings, home 11 occupations, and professional offices. 12 rI 5 i 1 t x 3 13 14 BGT Redevelopment Area Figure 2 15 Building Type: House 16 (For illustrative purposes only) 17 18 b. Yards: The typical House has four yards: front, sides, and rear. Corner 19 lots shall have two front yards and two side yards, with the front yards 20 along each street frontage. 21 ,. 60 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 i al i i I Property lame '"i i I MP i I 1 i'll i I I i I 1 I I 1 2 2 ` -01 o 1 House House I 0 i i I I 1 1 i I ill= I i PrirnaIli Facade 1 1 0 Primary Street 0 Front Yard 0 Side Yard 0 Hear Yard 1 2 BGT Redevelopment Area Figure 3 3 House Yard Diagram 4 (For illustrative purposes only) 5 6 c. Elevation Requirements: 7 i. A maximum of two feet of fill shall be allowed on site towards 8 meeting National Flood Insurance Program (NFIP) requirements. 9 Additional NFIP finished habitable floor height requirements shall 10 be accomplished through stem wall construction. Stem walls shall 11 be finished in material and color complimentary to the principal 12 structure. 13 ii. Open stilt-type construction is not permitted. On front yards, the 14 foundation area below the first floor must be treated with a solid 15 facade or lattice, which is consistent with the architectural style of 16 the building and the floodplain protection standards of section 17 3.02.00. 18 iii. Parking is permitted under the principal structure. The garage 19 floor shall not exceed 24 inches above the elevation of the crown 20 of road from which it is accessed. 21 d. Front Porches: 22 i. Front porches should be used as a primary architectural element 23 and may encroach up to 7 feet into the required front setback in 24 accordance with section 4.02.16 A.7.e.i. 61 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 ii. Front porches must cover a minimum of 40 percent of the 2 horizontal length of the front yard facade of the primary 3 residence and be at least 5 feet deep. I I House j j Minimum Front Yard I 0 Porch encroachment j =7' max. I 0 Minimum Porch Width < 0 • =40%of c Porch I 0 Front Façade Length _.J._._. ._._._._._._._.J._._._._ Sidewalk 4 BGT Redevelopment Area Figure 4 5 House Porch Diagram 6 (For illustrative purposes only) 7 8 iii. Front porches shall not be air-conditioned or enclosed with glass, 9 plastic, or other materials. Screening the porch is allowed as long 10 as the moldings that hold the screen material matches the 11 material and design character of the structure. 12 iv. Front second-story porches are encouraged, but no enclosed 13 room is permitted above the front porch. 14 e. Garages, Carports, and Driveways: 15 i. Garage doors shall have a maximum width of 16 feet. 16 ii. The driveway shall have a maximum width of 18 feet in the right- 17 of-way area. Other than the permitted driveway, the front yard 18 may not be paved or otherwise used to accommodate parking. 19 iii. Freestanding carports are prohibited. Carports and porte-cochere 20 must be attached to the principal structure and be of similar 21 materials and design as the principal structure. Detached 22 garages must meet the side and rear setback requirements for an 23 accessory structure. Carports and detached garages shall be 24 no closer than 23 feet from the front yard setback line. 25 iv. The distance from the back of the sidewalk to the garage door 26 must be at least 23 feet to allow room to park a vehicle on the 27 driveway without parking over the sidewalk. Should the garage 28 be side-loaded there must be at least a 23 foot paved area on a 29 perpendicular plane to the garage door or plans must ensure that 30 parked vehicles will not interfere with pedestrian traffic. 62 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Detached Garage i Front Loaded Garage Side Loaded Garage I I I I I 1 I I I I I I I 1 I I I I I I I I I I Y I I I I m Y Minimum N Driveway I , I I Depth I I I I I I I I I I I I 1 Street 2 BGT Redevelopment Area Figure 5 3 Garages, Carports, and Driveways Diagram 4 (For illustrative purposes only) 5 6 5. Building Type: ROWHOUSE 7 a. Description: A building with two or more residential units that are 8 attached by a common wall. A rowhouse is typically a fee simple unit 9 from ground to roof with no units above or below. A rowhouse may be 10 used as a live-work unit. 11 fir 1 in _11 11 i1 1i` lO pia ,f:i -.,, ,r '111 1I,- h �u NI 1 .1 q ' 11 i 11 -ter.. l ` ,�,. / i f. t ill 11 1� [ Iili,I1.4 1 —� 1,14'' �' I��'�I 11 �N; l l -`= I a ,3 12 13 BGT Redevelopment Area Figure 6 14 Building Type: Rowhouse 15 (For illustrative purposes only) 16 17 b. Yards: The rowhouse building typically has one primary yard located to 18 the rear of the structure with the potential for a small landscaped front 63 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 yard. A side yard is required for end units. Corner lots shall have a 2 front yard on each street frontage. 3 1 i i 1.71 Property Lines I 3 1 i i i I 2 1 i � 1 i i i 1 I 1 i i Primary Facide I i i _ I 1 i i I — I N I MN I MI Primaryfacade I r street Froni Yard 0 Side Yard 0 Rear Yard 4 5 BGT Redevelopment Area Figure 7 6 Rowhouse Yard Diagram 7 (For illustrative purposes only) 8 9 c. Front Porches and Stoops: 10 i. Front porches should be used as a primary architectural element 11 and may encroach up to 7 feet into the required front setback in 12 accordance with section 4.02.18 A.7.d.i. r r l I { 1 I I t t i Townhouse i t t• Minimum Front Yard l t • 1 Porch encroachment j milimalsijm Minimum Porch Width L Parch 1 3O%ofc .�.a..�.�. �. .. 0 Front Facade Length Sidewalk 13 64 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 2 3 BGT Redevelopment Area Figure 8 4 Rowhouse Porch Diagram 5 (For illustrative purposes only) 6 7 d. Elevation Details: 8 i. All building elevations visible from the street shall provide doors, 9 porches, balconies, terraces and/or windows along a minimum of 10 60 percent of the front elevation and 30 percent of the side 11 elevation for each building story. "Percent of elevation" is 12 measured as the horizontal plane containing doors, porches, 13 balconies, terraces and/or windows in relation to the total 14 horizontal plane of the building elevation. ddddddr'' l I • O !`a�l 0 15 0+0+0=>60%of 0 16 BGT Redevelopment Area Figure 9 17 Building Elevation Diagram 18 (For illustrative purposes only) 19 65 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 ii. All rowhouse buildings are encouraged to provide design details 2 and architectural features to provide visual interest. The types of 3 features may vary on adjacent rowhouse facade that share a 4 common wall, and may include: 5 a) Dormers 6 b) Gables 7 c) Recessed entries 8 d) Covered porch entries 9 e) Pillars or posts 10 f) Eaves 11 g) Bay windows 12 h) Balconies 13 i) Decorative finish, such as wainscoating 14 j) Decorative cornices and rooflines (for flat roofs) 15 k) Window trim (minimum 4 inches wide) 16 e. Garages and Driveways: 17 i. Garages and off-street parking spaces are encouraged to be 18 located to the rear of the building. 19 ii. Garage provided along the front facade of the building shall meet 20 the following design standards: 21 a) Garages shall be recessed from the front facade of the 22 building by a minimum of 5 feet. Driveways shall be 23 designed to provide sufficient room for a parked vehicle 24 without interfering with sidewalks. 25 b) Garage doors shall not exceed more than 30 percent of 26 the front elevation. 27 6. Building Type: APARTMENT 28 a. Description: A multiple-unit building with units arranged vertically and/or 29 horizontally and with parking located below or behind the building. Units 30 may be for rental or for sale in condominium ownership or may be 31 designed as continuing care facilities or lodging (hotel). 32 ' 1 fl /, 1-1111111. 1 "--- , / 4W Ell En MA U:q °.n non x, .41 II II�-- ""`I I n_n VIII ward I 33 34 BGT Redevelopment Area Figure 10 35 Building Type: Apartment 66 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 1 (For illustrative purposes only) 2 3 b. Yards: The apartment building typically has a primary yard located to 4 the rear of the structure with secondary side yards and the potential for 5 a small landscaped front yard. Corner lots shall have a front yard 6 along each street frontage. Buildings located internal to a site may be 7 arranged in a courtyard setting provided the site has at least 1 building 8 oriented toward the street. I 3 1 Property Line 1 i prirnarylfacade ...._ m 1 1 1 at � ` courtyard __ 1 th 1 1 i 1 1 1 1 ' 1 i 1 i 1 1 'time ryiFacade i Street Rout Yard Side Yard 0 Rear Yard 9 10 BGT Redevelopment Area Figure 11 11 Apartment Building Yard Diagram 12 (For illustrative purposes only) 13 14 c. Elevation Details: 15 i. All apartment building elevations visible from the street shall 16 provide doors, porches, balconies, terraces and/or windows along 17 a minimum of 60 percent of the front elevation and 30 percent of 18 the side elevation for each building story. "Percent of elevation" 19 is measured as the horizontal plane containing doors, porches, 20 balconies, terraces and/or windows in relation to the total 21 horizontal plane of the building elevation. 22 ii. All apartment buildings are encouraged to provide design details 23 and architectural features to provide visual interest, which may 24 include the following: 25 a) Dormers 26 b) Gables 27 c) Recessed entries 28 d) Covered porch entries 29 e) Pillars or posts 30 f) Eaves 67 I:\LDC Amendment 2012 Cycle 1■ mendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 g) Bay windows 2 h) Balconies 3 i) Decorative finish, such as wainscoatinq 4 i) Decorative cornices and rooflines (for flat roofs) 5 k) Window trim (minimum 4 inches wide) 6 I) Canopies, porticos, or porte-cocheres (integrated with the 7 building's massing and scale) 8 d. Massing and Scale: Apartment buildings shall relate in mass and scale 9 to the adjacent built environment and shall avoid single, large, dominant 10 building mass. 11 i. Buildings over 10,000 square feet in gross building area shall 12 include facade variations so that the maximum length, or 13 uninterrupted curve, of any facade does not exceed 60 linear feet. 14 Facade variations shall be provided through projections and 15 recesses with a minimum depth of 5 feet and may include 16 porches, balconies, bay windows and/or covered entries. } ? ► 1I' kf 0811 HM I t oan J. III BIB 110 par Appropriate—Building includes inappropriate—Building lacks roofline offsets and façade roofline offsets and fagade variation variation 17 18 BGT Redevelopment Area Figure 12 19 Massing and Scale Diagram 20 (For illustrative purposes only) 21 22 23 7. Building Type: MIXED-USE 24 a. Description: A building which can accommodate a variety of uses, 25 typically with the ground floor dedicated to non-residential uses and upper 26 story floor(s) dedicated to office and/or residential uses. 27 68 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 4111161' _`tsIsiiii ®® n i Vii. u L u q4 qh 6 ,S 1 ri r 4 4 It o� n„ 1,:1-- , 111r - Ii' n i1 s■/ , II* t' '''---4 .;,-, i,ti t------Ix 1 2 BGT Redevelopment Area Figure 13 3 Building Type: Mixed-Use 4 (For illustrative purposes only) 5 6 b. Yards: The mixed-use building typically has a primary yard located to 7 the rear of the structure with the potential for a small front plaza or 8 courtyard to provide public space or outdoor dining. 9 i 1 i i Property Line ----"i i i 1 I I i i i i i Building ` , Building 1 i i i i ,.. i I i i Primary Facade i j-Primary Facade i L....01_,......_,__,_;._01,.....___._.___...........; Street CIFront Yard Side Yard 4110 Rear Yard 10 11 BGT Redevelopment Area Figure 14 12 Mixed-Use Building Yard Diagram 13 (For illustrative purposes only) 14 15 69 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 09111212 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 c. Multi-Story: Mixed-use buildings shall have a minimum of two stories. 2 The first floor shall have a minimum floor-to-ceiling height of 14 feet. 3 d. Street Facades: The first floor of all mixed-use buildings shall be 4 designed to encourage and complement pedestrian-style interest and 5 activity through the following elements: 6 i. The first floor building elevation shall be located between the 7 minimum and maximum front setback line (if provided) for a 8 minimum of 60 percent of lot width. i 3, c n t `- i ax „: 'lam ?".1 i r - isr < ,ter �? gi ;r , Building A* K xl i _ ., i M 7,,.Eck z� � � � emu �n ,�.,:.� 'o44X” Min Front „e.Property Lines " I et Facade Width=>60`%of b a '. *` ( 0 Lot Width 0 4 9 Street 10 BGT Redevelopment Area Figure 15 11 Mixed-Use Building Facade Diagram 12 (For illustrative purposes only) 13 14 ii. Glazing, consisting of transparent windows and doors, shall be 15 provided along a minimum of 35 percent of the length of first floor 16 building elevation along the primary street frontage. Building 17 elevations along secondary street frontages shall provide 30 18 percent glazing. 19 iii. Expanses of blank walls may not exceed 20 feet in length along 20 the primary street frontage. A blank wall is a facade that does 21 not contain transparent windows, doors, arcades, stairs or similar 22 features. 23 e. Windows: Windows along the first floor building elevation shall meet the 24 following standards: 25 i. Clear glass windows shall not exceed a tint of more than 25%. 26 ii. Windows shall be located between 2 and 7 feet above sidewalk 27 grade. 28 f. Building Entrances: All mixed-use buildings shall have a clearly defined 29 principal pedestrian entrance fronting the street. Additional entrances 30 may be oriented toward the side and rear parking lots or pedestrian 31 pathways. 32 p. Elevation Details: 33 i. All mixed-use buildings shall provide a minimum of 4 of the 34 following design details and architectural features: 70 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 a) Dormers 2 b) Gables 3 c) Recessed entries 4 d) Covered porch entries 5 e) Pillars or posts 6 f) Eaves 7 g) Bay windows 8 h) Balconies 9 i) Decorative finish, such as wainscoating 10 i) Decorative cornices and rooflines (for flat roofs) 11 k) Window trim (minimum 4 inches wide) 12 I) Canopies, porticos, or porte-cocheres (integrated with the 13 building's massing and scale) 14 m) Open arcade or covered walkway 15 n) Bulkheads 16 0) Transoms 17 p) Window hoods 18 g) Building awnings along first floor 19 h. Massing and Scale: Mixed-use buildings shall relate in mass and scale 20 to the adjacent built environment and shall avoid single, large, dominant 21 building mass. 22 i. Mixed-use buildings shall include facade variations so that the 23 maximum length, or uninterrupted curve, of any facade does not 24 exceed 75 linear feet. Facade variations shall be provided 25 through protections and recesses with a minimum depth of 4 feet. 26 ii. Roofline offsets shall be provided to lend architectural interest and 27 variety to the massing of a building and to relieve the effect of a 28 single, long roof. The maximum length of an uninterrupted flat 29 roof is 75 linear feet. 30 i. Materials: 31 i. Mixed-use buildings exteriors shall consist of wood clapboard, 32 stucco finish, cement fiber board products, brick or stone. 33 ii. Pitched roofs shall be metal seam (5v Crimp, standing seam or 34 similar design), slate, copper, or wood shingles. 35 8. Building Type: COMMERCIAL 36 a. Description: A single or multi-story building which accommodates non- 37 residential and automobile oriented uses, such as retail and office uses. 38 This building type provides convenient vehicle access from the fronting 39 roadway while minimizing the negative impacts of parking lots on an 40 active pedestrian realm. 41 42 71 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM °tan _- �/` "tt Vitt lint i n t �4iiU �� ‹i y �/ €(' ' I ►Et ' 1 2 BGT Redevelopment Area Figure 16 3 Building Type: Commercial 4 (For illustrative purposes only) 5 6 b. Yards: The commercial building has a primary yard located to the rear 7 of the structure with the potential for a small front plaza or courtyard to 8 provide public space or outdoor dining. Property Line ---j I i i 1 i r 1 . 1 c,. t" i Building i B g uildin i v i t i ,1 i . i i ;: rte" i LiT1J0TTJ Street 0 Front Yard ©side Yard 0 Rear Yard 9 10 BGT Redevelopment Area Figure 17 11 Commercial Building Yard Diagram 12 (For illustrative purposes only) 13 14 c. Street Facades: The first floor of all commercial buildings shall be 15 designed to encourage and complement pedestrian-style interest and 16 activity through the following elements: 17 i. The first floor building elevation shall be located between the 18 minimum and maximum front setback line (if provided) as 19 provided in section 4.02.16 A.1.a.ii. for a minimum of 50 percent of 20 lot width. 72 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 ii. Glazing, consisting of transparent windows and doors, covering a 2 minimum of 30 percent of the length of first floor building 3 elevation along the primary street frontage. Building elevations 4 along secondary street frontages shall provide 25 percent 5 glazing. 6 iii. Expanses of blank walls may not exceed 20 feet in length along 7 the primary street frontage. A blank wall is a facade that does 8 not contain transparent windows, doors, stairs or similar features. 9 d. Windows: Windows along the first floor building elevation shall meet the 10 following standards: 11 i. Clear glass windows shall not exceed a tint of more than 25 12 percent. 13 ii. Windows shall be located between 2 and 7 feet above sidewalk 14 grade. 15 iii. Buildings over 20,000 square feet in floor area may utilize 16 spandrel glass, or other faux window treatment, for up to 25 17 percent of the glazing requirement. 18 e. Building Entrances: All commercial buildings along Bayshore Drive 19 shall have a clearly defined principal pedestrian entrance fronting 20 Bayshore Drive. Additional entrances may be oriented toward the side 21 and rear parking lots or pedestrian pathways. 22 f. Elevation Details: 23 i. All commercial buildings shall provide a minimum of 4 of the 24 following design details and architectural features: 25 a) Dormers 26 b) Gables 27 c) Recessed entries 28 d) Covered porch entries 29 e) Pillars or posts 30 f) Eaves 31 g) Bay windows 32 h) Balconies 33 i) Decorative finish, such as wainscoatinq 34 j) Decorative cornices and rooflines (for flat roofs) 35 k) Window trim (minimum 4 inches wide) 36 I) Canopies, porticos, or porte-cocheres (integrated with the 37 building's massing and scale) 38 m) Open arcade or covered walkway 39 n) Bulkheads 40 o) Transoms 41 p) Window hoods 42 g) Building awnings along first floor 43 g. Massing and Scale: Commercial buildings shall relate in mass and 44 scale to the adjacent built environment and shall avoid single, large, 45 dominant building mass. 46 i. Commercial buildings shall include facade variations so that the 47 maximum length, or uninterrupted curve, of any facade does not 48 exceed 100 linear feet. Facade variations shall be provided 49 through proiections and recesses with a minimum depth of 4 feet. 50 ii. Roofline offsets shall be provided to lend architectural interest and 51 variety to the massing of a building and to relieve the effect of a 73 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 single, long roof. The maximum length of an uninterrupted flat 2 roof is 100 linear feet. 3 h. Materials and Colors: 4 i. Commercial buildings shall be of wood clapboard, stucco finish, 5 cement fiber board products, brick or stone. 6 ii. Pitched roofs shall be metal seam (5v crimp, standing seam or 7 similar design), slate, copper, or wood shingles. 8 iii. Exterior building color: Applicants may request a deviation from 9 the exterior building color requirements of section 5.05.08 C.13.b. 10 if 50 percent or more of the facade consists of glazing in the form 11 of transparent windows or doors. These deviation requests shall 12 be subject to the procedures established in section 5.05.08 F. 13 following the review and approval by the CRA Advisory Board to 14 ensure consistency with CRA goals and objectives and community 15 character. 16 i. Awning: 17 i. For awnings spanning less than 25 percent of a facade, an 18 applicant may request a deviation from the color restriction 19 identified in section 5.05.08 C.11.c.iv. These deviation requests 20 shall be subject to the procedures established in section 5.05.08 21 F. following the review and approval by the CRA Advisory Board 22 to ensure consistency with CRA goals and objectives and 23 community character. 24 9. Building Type: CIVIC & INSTITUTIONAL 25 a. Description: A building that serves as a public gathering place and a 26 focal point of the community. These buildings should be constructed as " ' ' 27 permanent long term additions to the area and include uses dedicated to 28 religious, cultural, governmental or educational missions. 29 b. General Requirements: Because of the unique characteristics of civic and 30 institutional buildings, it is generally exempt from the standards imposed 31 on other building types in this section and the architectural standards of 32 section 5.05.08. The following standards shall apply: 33 i. Buildings should be of sufficient design to serve as a visual 34 anchor to the community. 35 ii. All rooftop equipment shall be screened from view. 36 E. Landscaping and Buffer Requirements 37 1. Applicability: Landscaping and buffering in the BMUD and GTMUD shall be 38 provided in accordance with section 4.06.00, unless as specified in this section. 39 2. Buffer Requirements: Buffers shall be provided to give spatial separation and 40 visual screening between incompatible uses. 41 a. Perimeter Buffers: The following buffer standards shall be required for 42 MUPs, PUDs, commercial developments and other non-residential 43 developments in the BMUD-NC, BMUD-W and GTMUD-MXD 44 subdistricts. 45 i. Buffers adiacent to residential uses and residentially zoned 46 properties shall be consistent with one of the following: 47 a) Ten foot wide buffer including a 6 foot high opaque 48 masonry wall and a row of trees spaced no more than 30 49 feet on center; or 50 b) Fifteen foot wide buffer including trees spaced no more 51 than 25 feet on center and a hedge consisting of ten gallon 74 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM I I 1 plants five feet in height, three feet in spread and spaced a 2 maximum four feet on center at the time of planting. 3 ii. Buffers adjacent to non-residential uses shall include a shared 4 10 foot wide buffer. Each property must contribute a minimum of 5 5 feet to the buffer. This buffer area may be provided in the form 6 of landscaped area with plantings consistent with the Type A 7 buffer requirements and/or hardscaped courtyards, mini-plazas, 8 outdoor eating areas, and building foundation planting areas. 9 This buffer requirement is not required in the side yard between 10 non-residential uses that share a common wall or between shared 11 parking facilities. • • i Alley or Joint Access Easement _._._.1...._._._._._._._._._._._.1-._._._._._._._._._._.� i I I i i I i I Shared'Parking I I I I N 0 ,y4.4„, 4 , • � � k . 3 Street CO Front Yard 0 Side Yard Rear Yard 12 13 BGT Redevelopment Area Figure 18 14 Shared Buffer Diagram 15 (For illustrative purposes only) 16 17 iii. Road Right-of-Way Buffers: Road right-of-way buffers for multi- 18 family (excluding house and rowhouse building types) and non- 19 residential developments are encouraged to coordinate with and 20 complement the Bayshore Gateway Triangle Streetscape 21 Guidelines. 22 a) Developments within an Activity Center must provide a 20 23 foot Type D buffer adiacent to US 41, Tamiami Trail, 24 meeting the design standards of section 4.06.02 C.4. 25 b) All other developments shall provide a buffer consisting 26 of one of the following: 27 1) Minimum 10 foot wide Type D buffer meeting the 28 design standards of section 4.06.02 C.4. 29 2) A hardscaped area extending from the back of the 30 street planting zone to the primary front facade. 75 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 The hardscaped area shall perform as an 2 expanded public realm and may include benches, 3 outdoor eating areas, plazas, fountains, and art 4 pieces. • I I I I I I Buffer-Option(a) Buffer-Option(b) I I I I I I I ► I I I I Type D Buffer Hardscape 5 Street 6 BGT Redevelopment Area Figure 19 7 Road Right-of-Way Buffer Diagram 8 (For illustrative purposes only) 9 10 3. Parking Lot Landscaping: 11 a. A maximum of 30 percent of the landscape islands may have a minimum 12 width of 5 feet inside planting area and may be planted with a palm tree 13 equivalent. 14 b. Minimum tree size shall be 1-%" caliper and a minimum of 10 feet in 15 height. 16 c. Parking lot perimeter: 17 i. Parking lots shall include perimeter planting areas that are a 18 minimum of 5 feet in width. Shrubs shall be arranged in a 19 staggered pattern with a minimum size of 3 gallons at the time of 20 planting to provide year-round screening. Trees shall be included 21 in the perimeter landscape area at a minimum spacing of one 22 tree/palm per 25 feet of linear frontage. 23 ii. Streetwalls shall be used when surface parking lots for non- 24 residential uses abut the right-of-way of Bayshore Drive, Van 25 Buren Avenue, Thomasson Drive in the BMUD and US 41, Davis 26 Boulevard, and Commercial Drive in the mini-triangle portion of 27 the GTMUD. 28 a) The wall shall complement the materials and colors of the 29 primary buildings and be 3 to 4 feet in height and shall 30 have a 12 inch projection or recess a minimum of every 15 31 feet. 32 b) The streetwall shall be set back the same distance as the 33 primary building facade; however, the streetwall shall 34 meet County standards for site distance triangles per 35 section 4.06.01 D.1. 76 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM I I 1 c) The street side of the streetwall shall have trees at 30 2 feet on center planted within tree wells or a minimum 5 foot 3 wide strip with ground covers other than grass. 4 d) The streetwall structure shall be protected through the 5 use of a root barrier system as identified by LDC section 6 Figure 4.06.05.H.A. 7 e) No streetwall is required if all of the parking is located in 8 rear of the development. 9 4. Building Foundation Planting: Building foundation plantings shall be required 10 per section 4.06.05 of the LDC, except as follows. The building shall provide the 11 equivalent of 10 percent of its gross ground level floor area, in building 12 foundation planting area. A continuous building foundation planting width is not 13 required per section 4.06.05 of the LDC. However, the foundation plantings shall 14 be located within 25 feet of the building edge in the form of landscaped 15 courtyards and seating area landscaping. 16 5. Water Management Area: The water management area may be located within 17 any required buffer area provided all buffer plantings can be accommodated. 18 6. Plant Materials: Landscaping in the BMUD and GTMUD shall utilize tree and 19 shrub plants that are identified in the Collier County Native Plant List in order to 20 minimize maintenance and water demands after establishment. Ornamental 21 plantings should be drought-tolerant in nature, consistent with Florida Yards & 22 Neighborhoods Program, and cross-referenced with the latest Florida Exotic Pest 23 Plant Council (FLEPPC) listing of invasive species (Categories I and II). 24 F. Parking Standards 25 The purpose of the parking standards for the BMUD and GTMUD is to regulate the 26 location, siting, and design of on-street and off-street parking in a manner that provides 27 convenient access to adjoining uses, reduces increased surface level heat and glare, 28 and enhances pedestrian, bicyclist and motorist safety and visibility within the built 29 environment. Parking in the BMUD and GTMUD shall be as provided for in section 30 4.05.00, except as specified in this section. 31 1. Parking Space Requirements: Parking spaces shall be provided in accordance 32 with the following table. For uses not specifically listed, the most similar category 33 shall be used to calculate the minimum parking requirements. Net Floor Area is 34 defined as total floor area excluding mechanicals and core space. 35 36 Table 1. Parkin. Space Requirements in the BMUD and GTMUD Use Type Minimum Parking Spaces Single-Family Residential 2.0/dwelling unit Multi-family Residential 1-bedroom 1.0/dwelling unit 2-bedroom 1.5/dwelling unit 3 or more bedrooms 2.0/dwelling unit Lodging 1.0/room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly/Museum/Gallery 1/500 sq. ft. of net floor area open to the public Institutional 1/300 sq. ft. of net floor area 77 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM General Office 1/350 sq. ft. of net floor area Retail 1/300 sq. ft. of net floor area Restaurant' 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial/Manufacturing 1/500 sq. ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area 1 2 1 Outdoor café seating shall be exempt from parking calculations. 3 4 2. Adjustments to Parking Space Requirements: Developments which meet any of 5 the following standards may be exempted from the minimum parking 6 requirements of this section. 7 a. Public parking facilities. The CRA can make parking on CRA owned 8 property available to meet the minimum parking requirements for new 9 construction or redevelopment projects. An applicant must provide 10 documentation stating the parking allocation has been approved by the 11 CRA as part of the MUP, site development or site improvement plan 12 process. The public parking facility must be located within one-half mile of 13 the development. Once spaces are allocated to a specific property 14 through the approval of the MUP, SDP or SIP, the applicant has one 15 year to begin utilizing the parking. If the spaces are not used within one 16 year, and an extension is not granted by the CRA, the spaces will be 17 made available for reallocation and all development orders shall be ,tea: 18 revised accordingly. 19 b. Off-site parking. Off-site parking may be used in order to meet the 20 minimum parking requirements, provided the off-site parking is located no 21 farther than 1,200 feet from the use it will serve. The location and design 22 of the off-site parking will be shown on the SDP or SIP and approved as 23 part of the SDP or SIP review and approval process. The required parking 24 spaces will be committed by a recordable covenant, lease, or other 25 agreement. 26 c. Shared parking. Shared parking is permitted for new development if the 27 applicant establishes that the peak parking demands for the new uses 28 clearly occur at different times. A shared parking agreement must be 29 recorded by a recordable covenant, lease, or other agreement. Shared 30 parking lots must be within 600 feet of each use and may not be 31 separated from the use by a street right-of-way or easement exceeding 32 60 feet in width. 33 d. On-street parking. Where on-street parking exists or is permitted, a 34 development may count the spaces directly along the site's frontage 35 toward the minimum parking requirement, however the on-street parking 36 spaces are considered public spaces and are not for the exclusive use of 37 the adjacent use. 38 e. Tree preservation. The minimum number of spaces required may be 39 adjusted by the County Manager or designee when it has been 40 determined that the reduction is necessary to preserve a healthy tree or 41 trees (with a 12 inch or greater diameter at breast height) from being 78 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 damaged or removed, and where the site plan provides for the retention 2 of said tree or trees. 3 f. Connectivity. Parking lots are encouraged to connect to adjacent lots 4 through the use of a joint access easement. If a joint access easement 5 is provided for connectivity, then the minimum parking requirement for the 6 use may be reduced by 10 percent. Alley or Joint Access Easement I I I I © Shared Parking I I I I I ai I © ©� • z< I I I I Street 0 Front Yard Side Yard 0 Rear Yard 7 8 BMUD and GTMUD Figure 20 9 Parking Diagram 10 (For illustrative purposes only) 11 12 3. On-Street Parking 13 a. On-street parking may be allowed on local streets subiect to an 14 approved right-of-way permit to construct parking spaces in the public 15 right-of-way. 16 b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is 17 not required to be striped. For every 5 on-street parking spaces provided, 18 a landscape island that is 8 feet wide and 15 feet long and is surrounded 19 by Type D concrete curbing shall be provided, in addition to the 20 pedestrian clear zone landscape requirement. The corners adjacent to 21 the travel lane shall be angled at least 45 degrees away from 22 perpendicular with the curb in order to provide adequate ingress and 23 egress from each parallel parking space. Each island shall be planted 24 with hedges, groundcover and/or grasses less than 36 inches high and 25 shall contain at least one small to medium ornamental tree that is a 26 minimum of 8 feet tall at the time of planting. 27 c. Angled parking may be 45 degrees or 60 degrees from the travel lane. 28 Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 29 on-street parking spaces provided, a landscape island that is 12 feet 30 wide and 15 feet long and is surrounded by Type D concrete curbing shall 79 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 be provided, in addition to the pedestrian clear zone landscape 2 requirement. The island shall be planted with hedges, groundcover, 3 and/or grasses less than 36 inches high and shall contain at least one 4 small to medium ornamental tree that is a minimum of 8 feet tall at the 5 time of planting. 6 4. Off-Street Parking Location: Off-street parking is encouraged to be located to 7 the side or rear of the building in order to establish a pedestrian friendly 8 environment. Off-street parking in front of buildings abutting Bayshore Drive 9 and Thomasson Drive in the BMUD and US 41, Davis Boulevard and 10 Commercial Drive in the mini-triangle area of the GTMUD shall not exceed 50 11 percent of that building's parking requirements and shall be limited to a single- 12 aisle double loaded parking lot. 13 5. Bicycle Parking: Bicycle parking shall be required as provided for in section 14 4.05.08, except as provided below. 15 a. Number of Required Spaces: The number of bicycle parking spaces shall 16 be as provided for in section 4.05.08 B. 17 b. Location: Bicycle parking shall have access via sidewalks, pathways or 18 driveways to the public right-of-way and be located as provided below: 19 i. Parking Structures: Required bicycle parking within a structure 20 shall be located in or near main entrances or elevators to provide 21 for pedestrian safety, visibility, and security of property. 22 ii. On Site: Bicycle parking (not located within a parking structure) 23 shall be located on site within 50 feet of main building entrances. 24 Bicycle parking shall not obstruct walkways. 25 iii. Right-of-Way: Bicycle parking may be located in the public right- 26 of-way subject to an approved right-of-way permit. 27 iv. Shared Bicycle Parking: Where there is more than one building 28 on a site, or parking is shared with an adjacent site, bicycle 29 parking shall be distributed equally to serve all buildings and 30 main entrances. 31 G. Signage 32 Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated 33 by this section for specific uses. 34 H. Murals 35 Murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment 36 Area subject to the following conditions: 37 1. Murals are only allowed on commercial, civic or institutional buildings. 38 2. Building must be located within the proposed Cultural District boundary, 39 Community Redevelopment Agency Resolution 08-60, and cannot be located 40 along U.S. 41. 41 3. One mural is allowed per building. 42 4. Murals are permitted on sections of buildings where there are no windows or 43 doors or where the mural will not interfere with the building's architectural 44 details. 45 5. The mural cannot exceed 200 square feet unless specifically approved by the 46 CRA Advisory Board. 47 6. The mural shall not contain text for the purpose of advertising any business or 48 commercial activity. 49 7. The mural cannot be temporary in nature and the building owner must commit to 50 maintaining the mural. 80 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions'Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 8. Review and approval from the CRA Advisory Board is required to ensure the 2 mural complies with the conditions above and that the artwork complements the 3 design of the building in color, shape, and location. 4 I. Nonconforming Provisions 5 The purpose of this section is to supplement the provisions of section 9.03.00 of the LDC 6 and regulate and limit the continued existence of nonconforming lots, uses, structures 7 and features in the Bayshore Gateway Triangle Redevelopment Area while allowing 8 opportunities for appropriate redevelopment and reinvestment. The provisions of this 9 section are intended and designed to bring about the eventual elimination of 10 nonconformities and/or lessen their impact upon surrounding conforming uses, while 11 providing flexibility for the reuse of existing lots and structures that contain 12 nonconforming features without requiring unreasonable expenses to bring the property 13 fully into compliance with the LDC. These nonconforming provisions apply to all of the 14 Bayshore Mixed Use and Gateway Triangle Mixed Use Districts, except for the mini- 15 triangle portion of the Gateway Triangle Mixed Use Overlay, which will be governed by 16 section 9.03.00 of the LDC. 17 1. Nonconforming Lots 18 a. Nonconforming lots are subject to the provisions of section 9.03.03 A. 19 2. Nonconforming Uses 20 a. Nonconforming uses of land, structures or waters shall be subject to 21 the provisions of section 9.03.02. 22 3. Nonconforming Structures 23 a. A nonconforming principal structure may continue only in accordance 24 with the provisions of this section. 25 b. Normal repair and maintenance may be performed to allow the 26 continuation of a nonconforming structure. 27 c. A nonconforming structure may not be enlarged or altered in any way 28 which increases its nonconformity, except that the replacement of 29 nonconforming residential structures may be permitted in accordance 30 with section 9.03.03 B.4. 31 d. Replacement of a nonconforming structure that is damaged or 32 destroyed by any means to an extent of more than 50 percent of its actual 33 replacement cost at the time of destruction, as determined by a cost 34 estimate submitted to the site development review director, may be 35 rebuilt after issuance of a permit subject to the following standards: 36 i. A building permit must be applied for no later than 180 days from 37 the date of the destruction; 38 ii. If possible, the structure shall be rebuilt on the same lot and 39 meet all subdistrict and building type requirements. 40 iii. If the structure cannot be rebuilt at the same size (ground floor 41 area) in accordance with the minimum standards of the subdistrict 42 in which it is located then it shall be placed on the lot in a manner 43 that minimizes the nonconformities, and in no case shall it be 44 rebuilt in a manner that increases its nonconformity. 45 iv. The reconstruction of a nonconforming non-residential structure 46 at the same or smaller size shall require the installation of 47 sufficient parking, landscaping and buffering in accordance with 48 the provisions of section 4.02.16. 49 e. A nonconforming structure may establish a new use that is permitted 50 by the underlying zoning or overlay subdistrict designation in which it is 51 located, provided that all other requirements of this section are met. The 81 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 establishment of a new use in an existing structure shall not require 2 improvements to other site related nonconformities unless the County 3 Manager or designee determines that existing site related conditions 4 create an unsafe condition. 5 4. Nonconforming Features 6 a. Site related nonconformities, including stormwater management facilities, 7 landscaping, open space, native vegetation, conservation areas, buffers 8 and preserves, on- or off-site parking, vehicle stacking, driveway 9 locations, throat lengths or non-structural architectural design standards 10 shall be brought into compliance with requirements of the applicable 11 design standards for all redevelopment projects except as provided in this 12 section. 13 b. The following types of redevelopment projects may be permitted without 14 bringing all site related nonconformities into compliance. 15 i. Improvements to an existing developed site, including interior 16 renovations, where the total value of the proposed improvements 17 is less than 50 percent of the total replacement value of the 18 structures and site improvements on the lot existing at the time 19 of improvement. The replacement value shall be calculated by a 20 Florida licensed property appraiser. Replacement value shall not 21 include the following: 22 a) costs to bring structure(s) into compliance with the most 23 recent building code, unless there is a change in 24 occupancy type; 25 b) costs to bring the structure(s) into compliance with the 26 most recent flood proofing standards, - 27 c) costs associated with improved energy efficiency 28 measures, such as high efficiency windows, solar panels, 29 green roofs. 30 ii. Existing structures may establish a new use that is allowed in the 31 underlying zoning district or overlay subdistrict in which it is 32 located, including the reestablishment of a use that has been 33 discontinued as defined in section 9.03.02 F.1., provided the new 34 use does not increase the number of parking spaces by more than 35 25 percent or increase the required buffer width and/or type from 36 the previous use. 37 iii. If the County Manager or designee determines that existing 38 nonconforming features create an unsafe condition, then the 39 nonconforming features shall be remedied to the greatest extent 40 possible given the physical constraints on the property. 41 # # # # # # # # # # # # 42 - • - . • - . - - - _ . - . - . - _ - - - 43 A. Design Standards for the Subdistrict aFe the same as those set forth for the BMUD 44 Neighborhood Commercial Subdistrict, unless set forth below. Development in thio 45 - -- -- ---- - -- - •• - - -- - - - - - - - - -46 limited marina uses. 47 B. Special conditions for Marinas. 48 1. Repair and dry storage areas shall not be visible from the street.•49 _-- - -- - - -- - -- -- - - --- -- - - - _ _ . • - 50 _ - - - - • - - -- - - - - - - _ - - 82 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 3. All boat racks shall be enclosed with a wall or fence and the boats shall not 2 exceed the height of the enclosure. The fence material can be wood, vinyl 3 composite, concrete block with stucco finish or metal or a combination. No chain 4 link fence is allowed. 5 '1. Height of structures may be increased to a maximum actual height of fifty (50) 6 -- _ -- ::_ - - c•••: ' ---. = - -- - -- - . _ . . . - _- 7 5. Outdoor displays of boats for sale on properties fronting Bayshorc Drive shall be 8 limited to the following: 9 a. All areas used for boat display activities shall occupy no more than thirty 10 five (35) percent of the linear frontage of the property. 11 b. All boat sale areas shall not be closer to the frontage line than the primary 12 building they serve. 13 c. All boats located within an outdoor sales area shall not exceed the height 14 of seventeen (17) feet above existing grade. 15 d. Outdoor sales areas shall be connected to the parking area and primary 16 structure by a pedestrian walkway. 17 c. An additional landscape 10 foot buffer is required around the perimeter of 18 the outdoor boat sales area. This buffer must include, at a minimum 19 _. --- -- - - -- -- -- - - - -- - - _ _ 20 three (3) foot high double row hedge spaced at three feet on center at the 21 time-of-planting 22 6. (Reserved) 23 7. One (1) parking space per five (5) dry boat storage spaces. 24 8. On site traffic circulation system shall be provided that will accommodate ar as 25 _ --- - - - - --- - - -- - - •-- _ - --- - -- - 26 developments 27 # # # # # # # # # # # # 28 . - - e . - - - - _ . . . • . _ . . . ' 30 compatible with existing neighborhoods and allow for building additions such as front porches. 31 In new development the purpose is to encourage a traditional neighborhood design pattern. The 33 street. 34 A. Dimensional and Design Standards 35 ra-4'D csign'Standard s Maximum Density shall not exceed the density of the underlying residential zoning district unless affordable housing density bonuses are granted. Minimum Lot Width (feet) Minimum Unit Width (feet) Single family 50 feet Duplex 50 feet Two-family 80--feet TOWII houses 4804eet 25 feet Multi-fa iry 1-90-feet 36 83 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Minimum Setbacks Min. front yard Min. rear yard (feet) Single-family 10 feet 7.5 feet 1-5 Tweily 10 feet 5 feet 4-5 Duplex dwelling units 10 feet 5 feet 4-5 Townhouse 10 feet 5 feet 1-5 10 feet 5 feet unle-s 45 (three er more) abutting single dwelling units family unit, then 7.5 feet Minimum floor area Single family 1300 square feet per unit Duplex 1000 square feet per unit • - - - - !!! e— - -- :- unit Townhouses 1000 square feet per unit Maximum height of principal structures 35 feet not to exceed 3 habitable floors Maximum height of accessory screen Not to exceed 35 feet, but in no case higher enclosures than the main building Maximum height of all other accessory 26 feet but in no case higher that the main structures building Parking Standards /1.05.02 and 1.05.03 of this Code. 1 B. Specific Design Requirements 2 1. Parking areas shall not be visible from Baychore Drive. 3 2. Buildings and their elements shall adhere to the following: 4 a. Street facing facades of multi family buildings shall be divided using 5 --- 6 --- - - --- - -- - - - - - - - - - -- - - - --- 7 -- ••-. -- -- -- - -- - - - - --9 covered entries. 10 b. The primary entrance shall be oriented to the street, with the exception of 11 • -- - - •- ah - • - - - -- - •- - - • - - - - - --- 12 including an entry door that faces the street. 13 . e- _ -- e , -- • -- - ---- - - -- e e - - - 14 - - -••-- - -- - - -- - - - • - - - - , 15 rooflines and shapes, window proportions 16 placement 17 d. All mechanical equipment must be screened with a opaque fence or wall 18 at a height which is 18 inches above the top of the equipment. 19 c. Landscaping and buffer requirements for new residential development as 20 required by section 4.06.00 of this Code. 21 84 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112/2 03 071 Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 7111 71:1 971 Mi3 110 17111111: I 401-k... Sit&FrayWens0710 Sleet Am.y bcM0 1xa FVNY/kqv+/Twv Slwy Tw lrrYy/OUp4t _�.:I •�� _ _ _lLl 16110111A1�L�� II ;I II.�I �_�I II =I 1 1181 t II II 1 11 ° 1 1 TawMOUw Srgk FSmiyAtlrl.tl Acme%we-F_.y 2 3 4 Typical Front Elevation, Residential Development 5 (For illustrative purposes only 6 7 3. Buildings shall adhere to the following elevation requirements: 8 -- 9 (3) feet over the minimum first floor elevation designated in the National 10 --- - - - - ' -e - ' • ' --- - - - - ._ - t'. 11 b. A maximum of two feet of fill shall be allowed on site towards meeting 12 NFIP requirements. Additional NFIP finished habitable floor height 13 -- --•-- - --•- --- - --- --- - - - - . _ -.. 14 walls shall be finished in material and color complementary to the 15 principal structure. 16 c. Open stilt type construction is not permitted. On front yards, the 17 foundation area below the first floor must be treated with a solid facade or 18 lattice which is consistent with the architectural style of the building. 19 d. The garage floor shall not exceed twenty four(21) inches above the 20 elevation of the crown of road from which it is accecced. 21 1. Front porches shall adhere to the following. 22 a. Front porches may encroach seven (7) feet into the front yard setback if 23 the structure is located on the minimum front yard setback (10 feet) with 24 - --- - - -- __ _- - - - - - - 25 26 27 28 11) 11) nn1 R 8 nn`_. L.\ 1111 000 000 000 000 --, Illlllllllll 000 ores 000 000 °eitl Porches 40%00 29 Front Facade 30 31 Front Porchcs 32 (For illustrative purposes only) 33 34 b. Front porches must cover a minimum of forty (10) percent of the 35 - _ - - - • - - - - - --- _ -- _ _ - _-- -. 85 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 c. Front porch design and material shall be consistent with the architectural 2 3 d. Front porches shall not be air conditioned nor enclosed with glass, 4 plastic, or other materials. Screening the porch is allowed as long as the 5 moldings that hold the screen material matches the material and design 6 7 c. Front second story porches are encouraged, but no enclosed room is 8 9 5. Garages and driveways. 10 a. Garage doors shall have a maximum width of sixteen (16) feet. 11 e -- _ '. - _ _ . - _ • . - _ _ - _ - _ --- _ -- - -- 12 _ _ - - , e -- -- •• _ - - - - - • - 13 not be paved or otherwise used to accommodate parking. 14 Garage j /1010 Games Affnl000, 23 Fiat from t Back of N Sidewalk u E /Front Porch\ z Sidewalk 15 16 17 Garage-Driveway 18 (For illustrative purposes only) 19 20 21 22 c. No freestanding carports are permitted. Carports and porte cochere must 23 24 _ -- - - -- -- - -- -- - - - - - -- a - 25 the front yard setback line. 26 d ----The distance from the back of the sidewalk to the garage door must be at 27 -- 28 parking over the sidewalk. Should the garage be side loaded there must 29 _- . - -- - - - - - - - - - - - 30 --- - - - - - - -_ -_ . -- - _ - -- - - 31 pedestrian traffic. 32 86 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM i 1.n ; s - RMI►I7 C:....re 7 3 4 (For illustrative purposes only) 5 6 6. Accessory Unit 7 8 9 arc not limited to: library, studio, workshop, playroom, screen enclosure, garage, 10 swimming pool or guesthouse. 11 a. Ownership of an accessory unit shall not be transferred independently of 12 the primary residence. 13 b. Only one (1) accessory unit of each type of use is permitted per principal 14 structure. 15 c. The maximum area of an accessory unit is 570 square feet, limited to one 16 (1) habitable floor. 17 -- - - - - - -- - -- - - -- --- - - - -- _ -- 18 19 cight (8) feet in width. 20 c. The maximum height of a structure containing a guesthouse over a 21 -- --- •• - - • - - • - -- - _ • -- 22 _ -- - •- -_ . -, - - - - • - - • - 23 building height of twenty six (26) feet to the top of the roof. 24 f. A structure containing only a guest unit must meet the NFIP first habitable 25 - 26 exceed twenty six (26) feet to the top of the roof. 27 F r o n t t Rear Side Library SPS* 10 feet SPS' Studio SPS* 10 feet SPS* Workshop SPS* 15 feet SPS* Swimming pool and/or screen SPS-* 10 feet * enclosure Playroom Std* 10 feet SPS* Garage SPS* 10-feet SPS* Garage Guesthouse above SPS* 15 feet SPS* Guesthouse SPS* 15 feet S 28 *SPS Same as principal structure. 29 7. Fencing forward of the primary facade of the structure is permitted subject to 30 the following conditions: 87 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 a. The fence shall not exceed 42 inches feet in height. 2 b. The fence shall have an opacity range of 18% to 50%. 3 c. Chain link fence is prohibited. 4 d. The fence material shall be w ood, vinyl, composite, stucco block or metal 5 1111llul I II I . kr;�pE 1 1, r„flg 1 II,�� II1Ill1111�� 1h1��, � 6 7 8 9 Permitted Typical Fencing 10 {For illustrative purposes only) 11 # # # # # # # # # # # # 12 14 A. Design Standards for the subdistrict are the same as those set forth for Residential 15 Subdistrict 1, unless specified below. 16 - , _ . . _ . • - - - - - _ - - - - - - - 17 (R2) 18 Setbacks Miry. side yard Mm . rear yard n One (Single) Family 25 feet 7.5 feet 15 feet Detached Dwelling Units Duplex Dwelling Units 25 feet 6 feet unless 15 feet abutting single family unit then 7.5 feet 25 feet 6 feet unlc;c 15 feet unit abutting single family unit, then 7.5 feet Townhouses 25 feet 6 feet unless 15 feet abutting single family unit, then 7.5 feet 25 feet 6 feet unless 15 feet /three Or mere\ dwelling units unit, then 7.5 feet 19 # # # # # # # # # # # # 21 - . - - - •-• - -- - - --- - - - - - - - - - - •- 22 Residential Subdistrict 1, unless set forth below. 23 B. Minimum Lot Width Single family detached 40-feet Townhouses (minimum of 3 units) 1-00-feet ' 60-feet 88 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM allows) 1 C. Building Standards Minimum Floor Area Duplex 1000 square feet per unit s a a - -- per unit Townhouses 1000 square feet per unit Multi family 750 square feet per unit 2 D. Yard Requirements. Front-Yard Min.Sie•le Yard Min,Rear Yard 10 feet* 5 feet 8-feet Family Detached Units Townhouses 10 feet* 0 feet when abutting 8-feet another townhouse, if not then 5 feet. Two family 10 feet* 0 feet when abutting Sheet dwelling unit another dwelling unit, if not then 5 fect. Mobile h��v - . . - _ - - _ _- • •- ',' _ _ - _-- - _ (where /1.02.01 Table 2.1 underlying zoning allows) 3 *Shall be 10 feet from the property line to the outer wall of the building footprint. 4 # # # # # # # # # # # # 6 A. Development standards for the Residential Subdistrict RBI are the same as those set 7 _ - _ -- - --- - - - - - - - - - •• - 8 # # # # # # # # # # # # 10 A. Dimensional Standards 11 Site development standards for Mixed Use Projects on Davis Boulevard (south side), US Hwy 41, Airport Pulling Road and Commcrcial Drivc zone-for- new includes existing sidewalk area. construction 1. If no curb exists, as on Commercial Drive, the front See Figured -- 2. The front streetscape zone shall also apply to any new buildings or structures in the C 1 through C 3 Zoning Districts which underlay the GTMUD Mixed Use Subdistrict. 4 and C 5 zoning classifications are restricted to building setbacks per section 1.02.01 A. Table 2.1. zone but no more than 3 feet. Front-yard-set-back on Commercial Drive the front yard set back shall be a 89 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM ProPeFt 1. The front yard setback shall also apply to any new buildings in the C 1 through C 3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. �I and C 5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. first and second stories is required at the third story and above. Site Development Standards for mixed use projects for other streets Front-s`tback 10 feet 1. The front setback shall also apply to any new buildings in GTMUD Mixed Use Subdistrict. 4 and C 5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. required at the third floor and above. Side yards abutting 10 feet residential Side yards all other 10 feel• minimum Rd 5 feet Wit _ 25 feet setback 2 may be located within the required setback. 3 Dimensionalstandacdss Minimum floor ar a e _ __ - __ unit, residential and commercial. 10 Feet Minimum lot area 400-feet • _ .,tee - -- - - -- _1t •- . . • maximum limit is 30,000 square feet Maximum height Commercial use only: Maximum height 42 feet, not to exceed 3 stories of buildings 42 feet, not to exceed 3 stories of buildings. Mixed use: 56 feet, not to exceed 4 stories. Residential on top of commercial uses. Maximum-height-of-b-uildingsT. 56 feet, not to exceed 4 stories Hotel/Motel 90 I:\LDC Amendment 2012 Cycle 1Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 112 feet, not to exceed 8 stories. /12 feet, not to exceed 3 stories /1 and C 5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Mixed use building uses Only first two floors can be used for commercial uses Ceiling heinht The first floor ceiling shall be no lecc than 12 feet and no more than 18 feet in height from the finished floor to thc finished ceiling and shall be limited to commercial uses only Maximum dent ity , in the "Mini Triangle," defined by US 41 East, These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use project, 12 units per acre to include all ar as of thc Mixed Use Subdistrict except: ❑❑North side of Davis Boulevard C CEast side of Airport Pulling Road For these excepted areas, three units per 3. Residential only projects (not part of a mixed use development), per the underlying zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element, 1 B. Regulations For Outdoor Display And Sale Of Merchandise. 2 1. No automatic food and/or drink vending machines or public pay phones arc 3 permitted outside of any structure. 4 2. Newspaper vending machines will be limited to two machines per project site 5 - - - -- -- - - - - - - " -- - - -- . - -- - - - 6 permanently affixed (not portable). 7 3. Outdoors display and sale of merchandise, within front yards on improved 8 - --"- - - _- -- -- " - - - - - - 9 4. The outdoor display/sale of merchandise is limited to the sale of comparable 10 - - - - - - - . 11 _ „ - - - - - - ' _ - - - . - - - -12 and-Commercial-Drive 13 (For illustrative purposes only) 14 91 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Front seta:tz s FrontsdWdlme KW Use Uchida /and Yaedkesu6d iCt / meter mo�cs rxmeeldHlzang tknuarte Setdst I 4 ,,, •,„, 1 ,tea z_. q � i lit. a .F - Davis Boulevard,US 41 Commercial Drive and Airport-Pulling Road 1 2 5 - - - -- -- - - - -- - •- - -- e =- e - -- 6 Triangle CRA Advisory Board) 7 25RI035R Mama:concrete ravers Spacing varies to Meet Existing Sue:3a/8x7-7/8x3-1/8 Inches Royal Patrns r R Conditions,such as DAresap rattan:Herringbone Heigil Co lor.To Be Determined 4'Trowel ro Conceal.Finish de Brown Fntsh A lati iii\ii\i i�\\iii♦ i\\m --MillS111 MIThe I,1111 . t\AW' _lamr/ z'�a-1\\I%��! 1,pp Mr 00000000000000000000000000000000000000000000000000000000000000000000000000000-_-- i.. S ter , I , lit? . —,211 H id 1 %I ,,t.o.,. Street HA , Spaced as SR:SRPlanting Needed Opening g _ _ e . . - / 9 10 {For illustrative purposes only) 11 92 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Woad Use Subdktrictgeslda+Hd above Comm. 1.1 or Residential Only Fronting on US H: 3 Stories Maximum Actual Height 56 Feet Mini Triangle Mixed Use 8 Storhe Maximum Actual Height 126 Feet ...+>.m.rr.n r..w- Commercial Zoning Wards. e.,_vrwrr.lerww� Heights according to torrent WC x di+ i.: 1111 _.. IiyaeA s GTMUD Mixed Use Subdistrict and C-1 through C5 Districts: Building Height,Step-Beck,Projections and Recesses 1 2 3 _ 1 4 _ . .e . - •. • - - - •• - - - -*e - - - : _ ' - - _ . e - - - 1 , 4 (For illustrative purposes only) 5 mom use Suad4arcintesra.neel abn..eemm.rd.rara..w.ndM OnlFrontlny on try a1, ,Modes tu Y.tlmum ACtwl Haight 70 fM n.r...l.-.w.a..•Y WM Man," Mef Use e._tr...u.•r_ew.sr a Sta.. Marrows Actwl Haight 1Td Fool Com mnelel inning Sasaki' Holyhb oacen*ng fd canon:WC e„„„��y °"'•-'c`°'e Fjn... - .n...w.. i It.rx��r,�;• - i t way .,tae.._-n • -.m g/y, w.,. UTMUD Mixed Use Subdistrict and C-1 through C5 Districts: Building Height,Step-Back.Projections end Recesses 6 7 - - - •-- - . ' ee-- . _- . - ee-- • - - • -• - • - - e - - 8 - - -- - - e--- -- -- - -- - ----• - _ _ - 9 4.05.04 of this Code. 10 1. Mixed Use Projects 11 a. Four(4) spaces per 1,000 square feet of floor area open to the general 12 public for commercial use. 13 b. Minimum one and one half(1.5) parking spaces for each residential unit. 14 c. Outdoor cafe areas shall be exempt from parking calculations. 93 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 09111212 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 d. Parking Location 2 i Off street parking in front of buildings abutting US 11, Davis•3 le- - - - - -_ - '--- - •- - --_ e°i - - 4 building's parking requirement. 5 a) The design shall be a single aisle double loaded parking 6 let- 7 b) The remaining parking requirement shall be located on the 9 Parking Location 10 (For illustrative purposes only} 11 GTMUD-Mixed Use Subdistrict Location of Off Street Parking M on Rotor Wes I I 'i L JIIIIII III III :!illy! it _JHill!1.i 1 I! I I M__ii, i lmirriiIIllll( I II "}II I III IIII I �?I II "RIfIr� Ci il" JIIIUIIIIIIUIL_. I II JIIi I j.. CI I II IIL_JI!;IIIIJIIILJ -i l� clj III r—milin!IIIII � 7 -iwiiniijiu i iiinmi n =I i- - i Ii - pC _. i .i )3 El i= i ; Ii i- =i 1:-.:" a ? I_= ci i ii IL _i i i i � -i i i �i �Jr � i I 11 _ rh I 1 �_ n based r abet 12 1 13 __ D Ciefure 14 c. Shared parking requirements shall be consistent with those provided in 15 subsection 4.05.02 of the LDC. 16 2. C 1 through C 5 Zoned Properties 17 a. The parking location requirements will also apply to new development for•18 - - e-- - - - -- - - -- - -_ - - 19 Subdistrict. Parking lots shall be designed for interconnection, with 20 abutting property. 21 ■. `- •- - - -- _ - • - :.: !e e - - -e - -- - 22 1. Loading docks and service areas shall not be allowed on the Front Build to Line. 23 2. All dumpsters must be located in the rear yard and screened from US 11, Davis 24 Boulevard, Commercial Drive, or Airport Pulling Road. 25 E. Landscaping and Buffer Requirements. 26 1. Landscaping and buffer requirements shall be pursuant to section 4.06.00 of the 27 Code unless specified otherwise below: 28 2. Buffers are required between GTMUD MX-D S bdistricts and abutting residential 29 property. A minimum buffer 10 foot wide landscaped area shall be required. This 30 - -- - - - - = -- - _ - - • - - - ; - - - -- -_ -_ 31 no more than 25 feet on center; and a single row of shrubs at least 21 inches in 32 -- 33 commercial side of the wall. 94 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 3. A shared 10 foot wide landscape buffer with each adjacent property contributing 2 3 __ ..._ - -- •• - --- - — ,., _ . • -. -- • . - _ .- . - --• 4 equivalent buffer ar a square footage may be provided in the form of landscaped 5 6 foundation planting areas. 7 - - - - - - - '. - --- - - •--- - - - '- -8 to have a minimum 10 foot perimeter landscaped buffer. This area shall include a 9 row of trees spaced no more than 30 feet on center. 10 5. Building foundation planting will only be required on the rear and sides yards. 11 The foundation planting shall be a minimum of 50% of the buildings ground floor 12 .._ - - __ 13 14 15 -- - - -- - - - - - - -- - _ -- _ _ -- _ - -- •• 16 shall be planted in areas that are a minimum of 8 feet wide. Palm trees, when 17 used to meet these building foundation requirements, shall be counted as ono 18 palm is the equivalent of one tree. 19 6. A minimum of 50% of the surface water management area shall be landscaped. 20 - 21 of the area landscaped with shrubs, ground covers and ornamental grasses. 22 7. - - _ - - - - - - - -- - 23 this zone will be based on Streetscape Design Guidelines to be prepared by 24 Bayshore /Gateway Triangle CRA Advisory Board 25 8. Strcetwalls. Strcctwalls shall be used when surface parking lots abut the right 26 of way of US 41, Davis Boulevard, Commercial Drive, or Airport Pulling Road. 27 The wall shall be constructed of the same or complementary materials as the 28 - - -- - - - - -- _ - -- - -- _ , - - - - - ' - - - e• 29 or recess a minimum of every 10 to 12 feet. The streetwall can be a combination 30 - - - - - - - - - - -_ 31 a. Complement the building materials. The street side of the streetwall shall 32 33 - - - ' - -- - - - _ -- _ - - •• • • - • - 34 wide strip. 35 b. No two streetwalls shall adjoin on a common property line. 36 -- - - - -- - -- -- - - - - - •37 38 Triangle (Section 4.06.01, D.1.) for egress from parking lots. 39 9. The Landscaping and buffer requirements of this section shall apply to all new 40 buildings in the GTMUD Mixed Use Subdistrict and underlying C 1 through C 5 41 Zoning regardless of height. 42 43 44 45 46 47 48 49 50 51 95 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM Str-eetwait ; 2 3 1 _ =1_ pp I ,— ,�„ �� II inn—uimnlEiiRH– –EiiiinEEi Ow news books Side Parking Lot with Streetwail Resturount II I fl - I WI I�t . � ham,, @ 4 5 6 7 F. Architectural Standards. Architectural design theme. The "Old Florida" or"Florida 8 _ _ - ' _- •_ --•• • -• ---e-c_ - - _- - __ --- _ - 9 -- - e - - - - - - - - - - — - -- - - -- -- - -- 10 though C 5 Commercial Zoning Districts within the GTMUD Overlay. 11 12 Old Florida or Florida Crackcr Style 13 - - - -- -- - - 14 tom . l r , sT ¢ 1 11 `1 j 3 ri s-- I 1-7 Ind Atf 15 16 17 18 19 1. All buildings shall meet the requirements set forth in section 5.05.08 unless 20 otherwise specified below. 21 2. Regardless of the chosen architectural theme the following design elements arc 22 required-. 23 =- - - - ---e- '-- - • - - - - - - --- -- 24 - - - - - •- -- - 25 treatments. 96 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 e. ' -- e - ..e•. - - - • =e_ - - -- 2 Airport Pulling Road or future north south streets will have the principal 3 -• - - - - - - ' _- _ 0, -*------ • • -•4 Airport Pulling Road or future north south streets. 5 c. Thirty five (35) percent of the buildings facade that faces US 41, Davis 6 Boulevard, Commercial Drive, or Airport Pulling Road will be cl r glass 7 with a maximum tint of 25%. 8 d. Clear glass windows (with a maximum tint of 25%) between the height of 9 two (2) and seven (7) feet above sidewalk grade arc required on the 10 primary facade of the first floor of any building. 11 e. Attached building awnings, canopies or balconies may cncroach over the 12 Front Build to Line by a maximum of five (5) feet. 13 f. Florescent colors shall not be used. 14 5. _ - - - - - - - -- -- - - - - - ---' --•-- - - . -- - 15 a series of buildings form a continuous wall that exceeds 200 feet in 16 -- 17 ground floor within the middle third of the length. The walkway/ 18 passageway shall be not less than 15 feet in width and not less than 10 19 feet in height. A walkway/passageway may be roofed. A 20 walkway/passageway shall be open to the public. 21 h. Hip or gable building roofs shall be metal material (5v Crimp, Standing 22 Seam or similar design) 23 i. Have windows with vertical orientation and the appearance of divided 24 glass trim. 25 j. Facade wall building materials shall be of wood, natural stone, stucco 26 finish or cement board products 27 28 29 {For illustrative purposes only). 30 y- GTMUD-Mixed Use Subdistrict >..,... _....,,._..:,..-. � .- Buildingl_ength II U H _ .— t .,� . iii ii - 11 I w_ I. ..o.o Y£ f Rcorro.. 31 �• ..�„,f 32 33 34 35 G. Signage shall be as required by division 5.06.00 unless specified below: 36 1. One sandwich board sign is allowed en the public fight of way between the curb 37 or travel lane and the private property line per business establishment as long aJ 38 •_ • _ - e _ ._ - -- - - - - e. -e- - -- 3 9 .- . - - = ' _ £ • A _ - -• • _ _ • _ -_ - - e 40 way when the business is not open. 41 # # # # # # # # # # # # 97 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 A. Dimensional and Design Standards Density - - e -•••e - • RMF 6 6 Per new zoning district or as may be allowed by a rezoning units per _ -- •- _ . - -- -- - •- - - - - - - - aere Land Use Element Element RSF 4 4 units per acre Minimum 1 et Width Minimum Single family 50 feet Two-family 30-feet Duplex 50 feet Townhouses 100 feet 25 feet Multi# roily Minimum Setbacks I,Ain c_'de • Yard (feet) OneYard \.eet/ One(single)family 10 feet 7.5 feet 15 feet hits Two-family 10 feet 5-feet 45 Duplex 10 feet 5 feet 15 feet Townhouse 10 feet 5 feet 15 feet Multi family(three or 40--feet 7.5 feet 15 feet more)dwelling units Building-Standards Minimum floor arcs Duplex 1,000 square feet per unit Townhouses 1,000 square feet per unit • - •- - - - -- - 35 feet not to exceed 3 habitable floors Maximum actual height of acce-sory screen enclosures _. •- _ • . •_ _ cccd 35 feet Maximum actual height of all other accessory structures 26 feet but in no case higher that the main t ildi 2 3 B. Parking Standards 4 1. Parking shall be as required by section 1.05.00 of the Code. 5 C. Architectural Standards 6 1. Buildings and their elements shall adhere to the following: 7 _ - - - - - - -- - -_- -8 - -- - - - - - -- - - - - - . - -- •9 -- - - - --- - -- - - ' - - - - - - - -- - - -- - 10 • -- 98 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 - - - • - - - --- -- -- - -- . -- - -2 covered entries. 3 b. The primary entrance shall be oriented to the street with the exception of 4 mobile homes. Orientation is achieved by the provision of a front facade 5 - -- - - --- _ - 6 c. On corner lots, both street facades of a building shall have•8 -- -- - - - -- - --- e• - - -- e, ..-e tee 9 plant- 10 d. All mechanical equipment must be screened with a three (3) foot high 11 hedge or an opaque fence or wall at any height equal to the mechanical 12 equipment, 13 2. (Reserved) 14 15 Typical Front Elevation Residential Development 16 {For illustrative purposes only) nu nu un 1111111 II • III Hui • { uluuCllll III IIII1111 Single Family Detached Two Story Single Family Detached Two Family/Duplex/Two Story Two Family/Duplex ,lllllu. III\`I!u,.� lllluu.. ..mIuliiGlilI!IiI1I!Vi IIw'.. Wm,1 I IM O I mull ,,IpIII M,,lullll .■ iiIn ■..'I iiii ■ II ! I II I'm I III 11111 IIII!IIIIIIIIIL. iiii iiii upl iiii IN tO 11111 I@lI IIIII III Ial 1111 I.I Il i '■I liii IIIII iiii I iiii 11111 17 Townhouse:Single Family Attached Apartments:Multi-Family 18 19 GTee�„�D igur 20 21 3. Buildings shall adhere to the following elevation requirements: 22 - _ _ _ _ -- - - -- - - - - - - - 23 -= ----- == - - _ -_ ----- - -- -- - - --- 24 through stem wall construction. Stem walls shall be finished in material and color 25 complementary to the main structure. 26 b. Open stilt type-construction is-not permitted.-On front yards, the facade area 27 below the first floor must be treated with a solid facade or lattice, which is 28 consistent with the architectural style of the building. 29 c. The garage floor shall not exceed twenty four(21) inches above the elevation of 30 the right of way from which it is accessed. 31 /1. Front porches shall adhere to the following standards. 32 a. Front porches may encroach seven (7) feet into the front yard setback if the 33 structure is located on the minimum front yard setback (10 feet) with an 34 35 b. Front porches must cover a minimum of forty (10) percent of the horizontal length 36 of the front yard facade of the primary residence. 99 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 - -- - - - - • - _ -- _ - - -2 3 e. e- - - -- - - - -- - -•.. - -- • - - - - • , - - •- 4 - _ - '_ _ --• _ -- -- - - - -- - - - - •- • - - - - - - •5 --- - - - - • - - -- • - - - - - -_ - - - _ -- - - 6 c. Stcps shall encroach no more than three feet into the front-yard-wk- 7 Front Porches 8 (For illustrative purposes only) 9 10 I I 1111 DO 1:1 I — I.N..w3Y-tl.-Yb..km 1 10 Ff I Y II l- ' 1111 0=0 OM P IIIIIIIIIIII EJEE Porches 40%of 11 a,,., Front Facade 12 GTMI D Figure 10 13 5. Garages and Driveways. 14 ! -- _ -- ..• -- - - _ - -- - - - ---• • - 15 16 e. I - -- - - - - -- - - _- .. - -- -- - - -- - _ -- - - 17 _ _ - . -- - - --- - -- - - - . - - - -• _ _ _ a, ,, 18 - - -- - - - - - -- -- - - - -- 19 20 -. -- _ - - _ - -- e. - - - - -- -- -e- --- — _- - 21 22 without parking over the sidewalk-. Should the garage be side loaded there must 23 - - cc -- -- - e- e- c--e• - - - - - - -- -- - _-- 24 25 26 Garages 27 100 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1114 FA' ii l i, ' 22F ro. F. Ml knm LL B.ekol ^+ O :w'p E __ 1 Sltl.w.lk 1 2 3 {For illustrative purposes only) 4 GTM/ D Figure 11 5 6 Porte-cochere 7 (For illustrative purposes only) 8 , l . . k Mme'∎.? A(3 w.i..r ,....1 i 9 10 T-M m c:gu e 7 2 11 6. An accessory unit is a separate structure located at the rear of the property and 12 13 . - •_ -- : - - ..1.0., - •--, - . to”, --- -- - - -, -- ---, 14 swimming pool or guesthouse. Ownership of an accessory unit shall not be transferred 15 - - -- - --- -. 16 a. Other than the permitted driveway,the front yard may not be paved or otherwise 17 used to accommodate parking. 101 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 b. No freestanding carports are permitted. Carports and porte cochere (Figure GTMUD 2 - - - - - - - - - - - - --3 _ -- - - - - -- -- - - - - -- _ -- _ 4 yard-setback-tine, 5 c. The accessory unit may be above a garage or may be connected to the primary 6 residence by an enclosed breezeway or corridor not to exceed eight (8) feet in 7 width. 8 e.10 lot to the eave, and with a maximum actual building height of twenty six (26) 11 feet to the top of the roof. A structure containing only a guest unit must meet 12 NFIP first habitable floor height requirement. 13 . - - e . - • - - _ - - - - - - Building / Structures Frent Rear .,y Side Library S-PS- 1-0-feet Studio S-PS 10 feet SPS* Workshop SPS* 15 feet SPS Swimming pool and/or screen SPS 10 feet SPS enclosure Playroom SPSA 10 feet SPS* Garage SPS* 10 feet S Garage Guesthouse above SPS* 15 feet SPS Guesthouse SPS* 15 feet SPS 14 *SPS Same as principal structure 15 16 7. Fencing forward of the front or primary facade of the structure is permitted subject to 17 18 a. The fence shall not exceed '12 inches feet in height. 19 b. The fence shall have an opacity range of 18% to 50% 20 c. Chain link fence is prohibited. 21 d. The fence material shall be wood, vinyl, composite, stucco block or metal. 22 e. Fencing and walls must architecturally complement the primary structure. 23 8. Landscaping and buffer requirements for new residential development as 24 required by Chapter 4.06.00 of this Code. 25 Permitted Typical Fencing; 26 (For illustrative purposes only) 27 102 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 ./\, r 7 - � f! i i ._ 1 ` — 1- _:,,,1'1°:..3 — .I1 '. 3 El f _'. -.jam---r-- - �� 1� k, ,� .-k — _. , dill,��= 1 , s i4 1 l 1 p y �+r F�I, 11��.6 wit 11111 c1 ' 1 4 Iii.. j � � �,.;� # (,.;■ � �/!►/I is �� , 1 iii III i I� II� III ,ii i , 2 4TTnr c.g:re-13 3 s. _ .- - - - - - - -- -••-- - - - - - - - - - --4 by section 4.06.00 of the Codc. 5 # # # # # # # # # # # # 6 7 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle 8 Redevelopment Area 9 A. Mixed Use Project Approval Types. 10 Owners of property located in the Bayshore Gateway Triangle Redevelopment Area 11 designated as Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W), and 12 Mixed Use (GTMUD-MXD) Subdistricts may submit an application for a Mixed Use 13 Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, 14 as permitted under the Table of Uses for the appropriate subdistrict. Applications for a 15 MUP may be approved administratively or through a public hearing process as 16 described in this section. A pre-application meeting is required for all MUP applications. 17 1. Administrative Approval: 18 a. MUPs may be approved administratively provided they meet the following 19 conditions: 20 i. The MUP complies with all site development standards as 21 outlined in section 4.02.16 of the LDC; 22 ii. The MUP only includes permitted uses as outlined by the Table of 23 Uses for the subdistrict in which it is located; and 24 iii. The MUP does not seek additional density through the Bonus 25 Density Pool provisions of section 10.02.15 C. 26 b. Submittal Requirements: The application shall follow the applicable 27 submittal requirements and procedures for site development plan 28 submittal and review. 29 2. MUPs Requiring Public Hearing: 30 a. MUPs that do not meet the thresholds for administrative approval may be 31 approved by the Board of Zoning Appeals (BZA) through a public hearing 32 process. 33 b. Submittal Requirements: The application shall follow the applicable 34 submittal requirements and procedures set forth in section 10.08.00, for 35 conditional use submittal and review. The application shall be 36 accompanied by a conceptual site plan depicting the proposed mixed-use 37 development and noting all requested deviations. In addition to the 103 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 conditional use findings as set forth in section 10.08.00 D., the following 2 shall be considered: 3 i. Whether or not the requested use or uses are consistent with and 4 further the redevelopment goals and/or objectives of the Collier 5 County Community Redevelopment Agency (CRA) for the 6 subdistrict(s) in which it is located. In addition to the typical staff 7 analysis for land use petitions, the Collier County Planning 8 Commission (CCPC) may also be guided by written or verbal input 9 from CRA staff. 10 ii. Whether or not the proposed use or uses are appropriate in terms 11 of scale and/or size when considered in the context of the overall 12 MUP and subdistrict. 13 iii. Whether a requested deviation is (1) justified in that the subject 14 LDC provision is not practical, feasible, desirable, or warranted or 15 not practical, feasible, desirable, or (2) warranted to the same 16 degree as prescribed by the subject LDC provision, in the context 17 of the proposed mixed use project. The applicant shall provide an 18 analysis so the CCPC may consider the existing conditions related 19 to the need for the requested deviation or conversely, strict 20 adherence to the subject LDC provision, in terms feasibility and/or 21 need. 22 iv. Whether or not the deviation will or may have a negative impact 23 on public health, safety, and welfare. 24 c. There shall be a public hearing before the BZA legally noticed and 25 advertised pursuant to section 10.03.05.G. 26 d. After a Mixed Use Project has been approved by the BZA, the applicant 27 shall submit a site development plan (SDP) consistent with the 28 conceptual site plan approved by the BZA and meeting the requirements 29 of section 10.02.03 B.1. of the LDC. The SDP may be submitted 30 concurrent with the MUP application at the applicant's risk. 31 e. MUP approval shall expire and any residential density bonus units shall 32 be null and void and returned to the bonus density pool if any of the 33 following occur: 34 i. The SDP is not submitted and deemed sufficient for review within 35 one year and approved within two years of MUP approval. 36 ii. The SDP under review is deemed withdrawn and cancelled, 37 pursuant to section 10.02.03.B.4.a. 38 iii. The SDP is considered no longer valid, pursuant to section 39 10.02.03.B.4.b. and c. 40 e. An approved MUP may be amended subject to the same procedures 41 provided in this section. 42 B. MUP Deviations. 43 1. Authority. The County Manager or designee may grant administrative deviations 44 for proposed developments requesting, or which have obtained, MUP approval 45 through a public hearing process. Deviations to the following land development 46 standards may be granted, providing such deviation requests demonstrate 47 compliance with the applicable criteria. 48 2. List of Development Standards Eligible for Administrative Deviation Requests. 49 MUPs shall be eligible to seek an administrative deviation from the following LDC 50 provisions: 51 a. Front Setback. 104 I:1LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 i. These deviation requests shall be subject to the process and 2 procedures of sections 5.05.08. F. 1. — 3. Deviations and 3 Alternative Compliance, except that in order to be eligible for an 4 administrative deviation the site shall meet at least one of the 5 following conditions or circumstances: 6 a) If constructed where otherwise required, the buildinq(s) or 7 structure(s) would conflict with regulatory standards for 8 existing public utilities or encroach into an associated 9 public utility easement, which cannot reasonably be 10 relocated or vacated based on physical or legal 11 restrictions, as applicable. 12 b) The property has a unique or challenging parcel shape or 13 boundary, such as a narrow lot frontage on the public 14 street. 15 ii. In order to administratively approve a front setback deviation, the 16 proposed design shall create a connective and walkable 17 environment by demonstrating a comparable relationship between 18 proposed alternative building(s) location(s) and their associated 19 pedestrian and vehicular pathways, and associated parking 20 facilities and transit alternatives. 21 b. Architectural and Site Design Standards. These deviation requests shall 22 be subject to the process and procedures of sections 5.05.08. F. 1. — 3. 23 and 5. Deviations and Alternative Compliance. 24 c. Landscape and Buffer Requirements. The alternative plans requesting 25 approval for deviation from landscaping and buffer requirements shall be 26 subject to the process and procedures of section 5.05.08. F. 1. — 3. 27 Deviations and Alternative Compliance and must additionally provide a 28 minimum of 110 percent of the open space requirement for mixed use 29 projects in addition to other conditions that the County Manager or 30 designee deems necessary. 31 d. Parking Standards. These deviation requests shall be subject to the 32 process and procedures of section 4.05.04. F.2. 33 3. In order to provide for maximum flexibility, an applicant may request a deviation 34 in addition to the administrative deviations specifically identified in section 35 10.02.15 B.2 as part of a MUP Public Hearing process. Requests to deviate from 36 LDC provisions where compliance is not practical, feasible, desirable, or 37 warranted in a mixed use project shall include a written justification for any such 38 deviation. The review of these deviations shall be guided by the following 39 considerations: 40 a. Whether a requested deviation is (1) iustified in that the subject LDC 41 provision is either not practical, feasible, desirable, or warranted or not 42 practical, feasible, desirable, or (2) warranted to the same degree as 43 prescribed by the subject LDC provision, in the context of the proposed 44 mixed use project. The application shall provide an analysis of existing 45 conditions and the impact of either the requested deviation or strict 46 adherence to the subject LDC provision, in terms feasibility and/or need. 47 b. Whether or not the deviation will or may have a negative impact on public 48 health, safety, and welfare. 49 4. Effect of Denial. Staff denial of any such requested deviation may be appealed 50 under the provisions of section 250-58 of the Collier County Code of Laws and 51 Ordinances. 105 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM 1 C. Bonus Density Pool Allocation 2 Under the Collier County Future Land Use Element, bonus density units are available 3 for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The 4 County Manager or designee will track the Bonus Density Pool balance as the units are 5 used. These bonus density units may be allocated between the BMUD and GTMUD 6 overlays, and shall only be allocated through a public hearing approval process. 7 To qualify for up to 12 dwelling units per acre, projects shall comply with the following 8 criteria. This density of up to 12 dwelling units per acre is only applicable until the 9 bonus density pool has been depleted. 10 1. The project shall be within the Neighborhood Commercial (BMUD-NC), 11 Waterfront (BMUC-W), or Commercial Mixed Use (GTMUD-MXD) Subdistricts, 12 and shall be a mixed use project. 13 2. Base density shall be as per the underlying zoning district. The maximum 14 density of 12 units per acre shall be calculated based upon total project acreage. 15 The bonus density allocation is calculated by deducting the base density of the 16 underlying zoning classification from the 12 unit maximum being sought. The 17 difference in units per acre determines the bonus density allocation requested 18 for the project. 19 3. For proposed projects, only the Affordable Housing Density Bonus, as provided 20 in the Density Rating System, is allowed in addition to the eligible bonus density 21 units provided herein as the entire BMUD is within the Coastal High Hazard Area 22 (CHHA). 23 4. The project shall comply with the standards for mixed use development set forth 24 in section 4.02.16 C.8. 25 5. For projects that do not comply with the requirements for this density increase, Alsk 26 their density is limited to that allowed by the Density Rating System and 27 applicable FLUE Policies. 28 # # # # # # # # # # # # # 106 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\2 03 07 I Overlay District_Bayshore CRA Strikethrough 082912.docx 8/30/2012 10:30:31 AM co Te-r co-u�.ty Growth Management Division Wellfield and Related Amendments Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control&Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 A. with the proposed update of the City of Naples East Golden Gate Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the City of Naples East Golden Gate Well Field. FISCAL & OPERATIONAL IMPACTS:None RELATED CODES OR REGULATIONS:None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012,August 29,2012 Amend the LDC as follows: 1 I:\LDC Amendment 2012 Cycle 11Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 A Reg Wellfields City of Naples East Golden Gate 082912.docx 8/29/2012 3:09 PM 1 Text underlined is new text to be added. • Bold text indicates a defined term CITY OF NAPLES CAST Gill DEN GATE '�r;W�E WELL FIELD 'OL WELL Row(c.R.9511). __ I�1 '. ;' - nL WELL ROAD(CR_ass) • 24 19 i....... .�0 21 22 . .. `. .. ._.__ ..-..._._..-..�. 4�. —__— I' • -e.: - RARUALL •IioutIVfft. __— iI vi I..__ it i I 1 34 1 - --. ... 11 ir e 1 _ .__._._..i.__ ' _. _-+L BD fIEV t4 _ _„ _1 _ 10E11 CA7E II - - �- F 80UlEVMD' 1 I HIIEI[:IIIJFIEFTA zF to _ -- � 1 22 � :,�.� ,..mss ®a—. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 A Reg Wellfields City of Naples East Golden Gate 082912.docx 8/29/2012 3:09 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term CITY OF NAPLES EAST GOLDEN GATE WELL FIELD North 13 18 1 16 15 OIL WELL WELL ROAD C.R 7 24 19 20 21 22 RANDNI BOULEVARD Al -I 111111"irtrtilii BrriN srm4 25 30 27 7� sr� STAY., 36 31 34 111 IL-111111 sane �„ft"STAY) �,�srnw 3 GOLDEN GATE BOU, afar s.,, ��'— srW, 12 1II1io dr STm4 � a 13 .� 15 1 2p ' 24 �_ 22 30 29 28 25 27 1 Me Illustration 3.06.06 A. For more information, refer to the Collier County Zoning Map at http://vvww.colliergov.net/Index.aspx?paqe=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Weilfield amendments\3 06 06 A Reg Wellfields City of Naples East Golden Gate 082912.docx 8/29/2012 3:09 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control&Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 B. with the proposed update of the City of Naples Coastal Ridge Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the City of Naples Coastal Ridge Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS:None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28,2012,August, 29, 2012 Amend the LDC as follows: 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 B Reg Wellfields City of Naples Coastal Ridge 082912.docx 8/29/2012 3:09 PM Text underlined is new text to be added. Bold text indicates a defined term f ITV OF N A R ES r>rrrr-vr-�,rr-cr�Q COSTAL RIDGE WELL FIELD i 331 f. #' AN A• a ::5 36 4 71] • C3 \ , i /.'I .++ ..1.... •••> 'tl uJt'1!11111 111 31• MA)c/I....,•.I....\..1).. K: I:s�:4 •s i f 111 + .F_ �_ 1 a. '1—Y .1 I. . 7 E •110 ._., 1 11 t 3 3i Fi 12 .... •,.. •. _S—''.'._ 4 i� 1 $ .,,RIOI ROAD .1.'- (GK.e96)'''k• •'• I J ..'.� 1 1 13N.Y P. 1. Il 16 u _ te- 1 1, 1 1!' - `t' '1� I � - —..-; , i- 1 H X11 i —.. .+. ,�i; `ter—•—/: !-\._i • 11'1 £i 2t•t '.1 i _2-..'t:. '1;1<21 _�i 1-cy,.i4..`... .::1` ti ''24 I", i1 g.'F'r .1 19, i X11...=.rti:__;;3a..1_ vl; "k t �. ;'�I� '-.--{ LL . - -• ... :� ,,_iir - 1 , 1 t ,_, i n •..„ . : , 1 „„:„_a_„:,..,,,, — _- — — 3-''27 G LDEN iE PAflY,wAY i�.R.68 l i_,. .: 2. ..__ l.M _. :1 �._ r ...11:i:..}...J,34 , 5 a1.T 3a1�„=:.,=„ 1 g L Lii j �i i 'ig • 'S, ..: ��1 RADIO RDA' _. _ .. — 2 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 B Reg Wellfields City of Naples Coastal Ridge 082912.docx 8/29/2012 3:09 PM i Text underlined is new text to be added. Bold text indicates a defined term CITY OF NAPLES COSTAL RIDGE WELL FIELD North 32 33 35 36 31 1 VANDEReIT BEACH ROAD sr , fST/W.4 ST/W-2 4 J b'TM.1 STAY-1 , nil 5 4 ✓ 2 1 6 ; � ....,:, wowo I g 11 12 7 sTma it_hr srnta PINE RIDGE ROAD IsT,W-, P16 5 14 13 78 ! t � snWa 0 it'/ /.1.1 .� BnW-+ iz STAY-2 w srm�f a 21 24 19 smra 1!h23 ST/W-3 -r. ' 26 25 30 .., _ ,,,,,.. I A,rimi liAl„ iiiii? TV. -,_ rr 6 31 3 `', RADIO ROA. 4 0 3 2 1 6 1 Me Illustration 3.06.06 B. For more detailed informations refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 B Reg Wellfields City of Naples Coastal Ridge 082912.docx 8/29/2012 3:09 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control& Prevention Department AMENDMENT CYCLE: 2011 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 C. with the proposed update of the Collier County Utilities Golden Gate Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Collier County Utilities Golden Gate Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012, August 29, 2012 Amend the LDC as follows: 1 l:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 C Reg Wellfields Collier Co Utilities Golden Gate 082912.docx 8/29/2012 3:09 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD `, C.R.858 2'2 23 24 19 2^ 21 I 22 23 I 2,1 "3 III RANDALL BOULEVARD IMMOKALEE ROAD I I 1 26 25 2/ 26 25 33 23 78 27 1 II 30 I I --HI II I 36 i 31 32 I 3' 4 3 11 36 31 liZ 34 35 I I ST/WA I I I � STIW-2 ` { 3 1 STW I I I \\ 6 ' STEW-4 : ' : �I 4 .. II 2 II I GOLDEN GATE BOULEVARD I I I +, — ---Jr— --L---- ■ , \ 1 > 1 12 7 P m BT: 4 0 I 12 m I II / I el U 15 14 13 16 17 0 STlNI-1 5 STW-2 ----- 1 -- — ONO 14 13 16 ST,W-1 �. - — 22 � 23 7L 19 ST,W2 � T JO O ST.W-3 co 23 STNY-4 19 w ------------ O I}— 27 26 25 w SO 29 27 26 25 30 35 36 32 33 34 35 INTERSTATE-75 36 31 ALLIGATOR LIEN'(S R.84) 3 2 1 I 1 1 6 5 1 4 3 I ' I 2 1 6 1 _ I Illustration 3.06.06 C. www.colliergov.net/Index.aspx?page-992 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 C Reg Wellfields Collier Co Utilities Golden Gate 082912.docx 8/29/2012 3:09 PM I Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD iiil 4 13 18 North 16 15 14 13 18 17 I C.R.858 / 24 19 22 Z3 24 19 ..II84OKALEE ROAD Iiiiirm ,'- S71YF1 • L,..._. n (C.R.848) �I ':- OTIM2 f 87AYd 5 30 27 26 26 30 26 j 26 BTr: teg:131 05' STIN2 :; sTAY2 34 R4 �/lip 8718146 31 p n.. rR`l 3 Wair671812 , SfMR7 6 1 6 GOLDEN GATE BOULEVARD CC 4 10 11 12 7 . , `�I� ,&\III ' (In O ' ► 1 �4 rT 15 14 13 18 , � '®, 16 r��o: , , 22 23 24 192 . 19 6TAW a MOO 27 26 25 30 30 25 limolOgillirr 35 30 31 34 34 35 36 31 _` INFRSTATE.79 ALLIGNIMER MR&) 3 d 2 1 6 1111111111111111 1 (2 6 Me Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 C Reg Welifields Collier Co Utilities Golden Gate 082912.docx 8/29/2012 3:09 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control&Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 D. with the proposed update of the Everglades City Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Everglades City Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012, August 29, 2012 Amend the LDC as follows: I I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 D Reg Wellfields Everglades City 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Bold text indicates a defined term EVERGLADES CITY Adik WELL FIELD t; :$:3 3b 31 :3:' .1,04E. $GENIC `-"'--- \ a ) _ .■-.-� R 83T r .., 1 11 (. ,::: c 7 8 I --,....z.,...,...______ 2 1:1LDC Amendment 2012 Cycle 1\Amendment Revisions'Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 D Reg Wellfields Everglades City 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term EVERGLADES CITY WELL FIELD North 1 35 36 31 32 2 1 5 n srnw arnw srnva ■/ 11 srA" . 8 14 13 18 17 • 1 Mile Illustration 3.06.06 D. For more information, refer to the Collier County Zoning Map at http://www.colliergoy.net/Index.aSpx?page=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 D Reg Weilfields Everglades City 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control&Prevention Department AMENDMENT CYCLE: 2011 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 E. with the proposed update of the Florida Governmental Utility Authority Golden Gate City Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Florida Governmental Utility Authority Golden Gate City Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012,August 29, 2012 Amend the LDC as follows: 1 I:\LDC Amendment 2012 Cycle 1"Amendment Revisions"Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 E Reg Wellfields FGUA Golden Gate City 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Bold text indicates a defined term GOLDEN GATE CITY WELL FIELD a 21 22 �3 24 W _, n 0 m ci m e J 6 25 ■ Wir ST,NV-1 STAN-2 --__ STAN-3 STAN-4 w J J O U RSTgTE'Tg 33 36 I .54 Illustration 3.06.06 E.•- _ - _- _ -_ •- _ - . _-, - - _ -- -_ - --- - - A A-- - ...•.._.• . _ •- et. -. _- _ _ __ —.. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 E Reg Wellfields FGUA Golden Gate City 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Bold text indicates a defined term FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD PINE =GE ROAD North 17 16 15 14 13 1 GREEN BOULEVARD rte, 20 9 21 22 23 24 it pr- .0.Nie 1 r"-11111 sums STM{ 29 C28 26 25 I 32 33 35 36 34 1 Mks ► Illustration 3.06.06 E. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 E Reg Weiifields FGUA Golden Gate City 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Text ctrikcthrough is currcnt text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control&Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange Tree Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Orange Tree City Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012,August 29,2012 Amend the LDC as follows: 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 F Regulated Wellfields Orange Tree 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Bold text indicates a defined term ORANGE TREE WELL FIELD , ! ! f 10 12 7 I o lu 16 j t 13 15 srw•1 SL1Y•2 I STWf I Q SiMVi }'� Z I 517W-44 ) SAY L_ _ it 3 OIL WELL RO O 7k11111" TM-1 f + 1 I :1-,W.2 2 5TN/a 22 23 24 19 _. ._ RNDALL BOULE:MD•■ .. . , .. .. —•• 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 F Regulated Wellfields Orange Tree 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term ORANGE TREE WELL FIELD Norift 1 10 11 12 7 I STTW-1 STAN4 TIV" `i % 13 18 15 STms �(ti .,W ST/W4 shwa J� OIL WELL ROAD rA k /YW1 SSTT STMJ 22 24 19 RANDALL BOULEVARD Illustration 3.06.06 F. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 3 I:\LDC Amendment 2012 Cycle 1'Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 F Regulated Welifields Orange Tree 082912.docx 8/29/2012 3:10 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control&Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 G. with the proposed update of the Immokalee Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Immokalee Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012, August 29, 2012 Amend the LDC as follows: 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 G Reg Wellfields Immokalee 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Bold text indicates a defined term IMMOKALEE WE I FICw F , d' n Id: E 9 21 72 23 b 29 27 26 _r•',EAR r • i ERR. ' d_..--..1.i.' . la,iii..., :i 1 .,:5.:.:ritz:.::',..t... \\,..,..„.., 71 F 1 .. I.15,<Nl 1 12:-:RI! i' 1 ..-b � 5--£2 —. ti. 1 .x t r i IL-- a ki 4`"" i, .,:!-:13' 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 G Reg Wellfields lmmokalee 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term IMMOKALEE WELL FIELD North 7 8 9 10 11 & t 18 17 16 15 14 19 20 21 22 23 1 26 30 29 35 6 AMMO 7 smvs . 10 11 4. 2 1 We Illustration 3.06.06 G. For more information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 G Reg Wellfields Immokalee 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control &Prevention Department AMENDMENT CYCLE: 2011 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Replace the existing Illustration 3.06.06 H. with the proposed update of the Ave Maria Utility Company Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Ave Maria Utility Company Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012, August 29, 2012 Amend the LDC as follows: 1 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 H Reg Wellfields Ave Maria Utility Comp 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Bold text indicates a defined term AVE M ATRI A l ITI I ITV COMPANY WE I FIELD '9 20 2' 22 24 IMMOKALEE ROAD } - ■ 2s .50 29 28 27 I _ ——-I--- -- �_- -_ � _--.--I I I I ST;W-4 I I I I I \ I I I I 36 cI I 32 I SS I 34 I I I I I I I I I I I I I I I I I I I ST/W-1 T/W2 TIW-3 1 .4 eatalSTAN-1 ST/W-1 i� ST/W-2 STAN-2 � 1 2 /ST/W-3 ��/�� , ST/W3 J ST/W-4 ST/W-1 I� STIW-2 STAN-3 STIW-4 ' STAN-3 ST/W-3 all NI ST/W-4 13 '8 1/ 16 OIL WELL ROAD Illustration 3.06.06 H. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page-992 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 H Reg Wellfields Ave Maria Utility Comp 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term AVE MARIA UTILITY COMPANY WELL FIELD North 20 21 22 24 19 AMO LEE Roan 25 30 29 28 27 36 31 32 r 33 34 6 4 3 1 STNM n..► STNW 12 7 STNS 6W ,i9 10 T � 1111111/ 13 18 17 16 15 OB.WELL ROAD C.R BbD 24 19 20 21 22 1 Mile Illustration 3.06.06 H. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 H Reg Wellfields Ave Maria Utility Comp 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Add Port of the Islands Well Field REASON: Language change allows the rule to recognize a new Water Supply Wellfield that will serve the Port of the Islands community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012 Amend the LDC as follows: 1 3.06.06 Regulated Wellfields 2 3 The following wellfield risk management special treatment overlay zones, as defined in 4 section 3.06.03, and criteria specified herein shall be applied to the following wellfields: 5 6 A. City of Naples East Golden Gate Well Field. 7 B. City of Naples Coastal Ridge Well Field. 8 C. Collier County Utilities Golden Gate Well Field. 9 D. Everglades City Well Field. 10 E. Florida Governmental Utility Authority Golden Gate City Well Field. 11 F. Orange Tree Well Field. 12 G. Immokalee Well Field. 13 H. Ave Maria Utility Company Well Field. 14 I. Port of the Islands Well Field. 1 I:\LDC Amendment 2012 Cycle 1Amendment Revisions\Author Revisions\BCC Amendments for 091112\3 06 06 I Reg Wellfields add Port of the Islands 062812.docx 8/27/2012 9:22 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in Growth Management Plan's Future Land Use Element AUTHOR: Pollution Control DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.06.06 Regulated Wellfields CHANGE: Add the proposed Port of the Islands Well Field Illustration 3.06.06 I. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Port of the Islands Well Field. This New Water Supply Wellfield will serve the Port of the Islands community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element Policy 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: September 13, 2011 the Board approved the Growth Management Plan Future Land Use Element's Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs map. Edited June 28, 2012, August 29, 2012 Amend the LDC as follows: 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 I.Reg Wellfields Port of the Islands 082912.docx 8/29/2012 3:11 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term PORT OF THE ISLANDS WELL FIELD North 21 22 23 24 19 28 27 1 25 30 26 33 n srnwl , 36 31 ST/W4 srnr� With 4 3 2 1 6 U.E.N TAMNMl TAIL 10 11 12 7 Mb Illustration 3.06.06 I. For more detailed information, refer to the Collier County Zoning Map at www.collierdoy.net/Index.aspx?paqe=992 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 091112\Revised Wellfield amendments\3 06 06 I.Reg Wellfields Port of the Islands 082912.docx 8/29/2012 3:11 PM