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10.02.15 - Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area
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.
Administrative Approval:
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;
The MUP only includes permitted uses as outlined by the Table of Uses for
the subdistrict in which it is located; and
The MUP does not seek additional density through the Bonus Density Pool
provisions of LDC section 10.02.15 C.
The Administrative Code shall establish the submittal requirements for MUP
administrative approval. The application shall follow the applicable submittal
requirements and procedures for site development plan submittal and review.
MUPs Requiring Public Hearing:
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.
The Administrative Code shall establish the submittal requirements for MUP
requiring a public hearing for approval. The application shall follow the applicable
submittal requirements and procedures set forth in LDC section 10.08.00, for
conditional use submittal and review. In addition to the conditional use ndings
as set forth in LDC 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 sta analysis for land use petitions, the Collier County
Planning Commission (CCPC) may also be guided by written or verbal input
from CRA sta .
Whether or not the proposed use or uses are appropriate in terms of scale
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and/or size when considered in the context of the overall MUP and
subdistrict.
Whether a requested deviation is (1) justi ed 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.
Whether or not the deviation will or may have a negative impact on public
health, safety, and welfare.
There shall be a public hearing before the BZA legally noticed and advertised
pursuant to LDC section 10.03.06.
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.
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 su cient for review within one year
and approved within two years of MUP approval.
The SDP under review is deemed withdrawn and cancelled, pursuant to LDC
section 10.02.03 B.4.a.
The SDP is considered no longer valid, pursuant to LDC section 10.02.03
B.4.b. and c.
An approved MUP may be amended subject to the same procedures provided in
this section.
MUP Deviations.
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.
List of Development Standards Eligible for Administrative Deviation Requests. MUPs
shall be eligible to seek an administrative deviation from the following LDC provisions:
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Front Setback .
These deviation requests shall be subject to the process and procedures of
LDC sections 5.05.08. G.1.—2. and the submittal requirements established in
the Administrative Code, except that in order to be eligible for an
administrative deviation the site shall meet at least one of the following
conditions or circumstances:
If constructed where otherwise required, the building(s) or
structure(s) would con ict 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.
The property has a unique or challenging parcel shape or boundary,
such as a narrow lot frontage on the public street .
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.
Architectural and Site Design Standards. These deviation requests shall be subject
to the process and procedures of LDC sections 5.05.08. G.1.—2. and 5. and the
submittal requirements established in the Administrative Code.
Landscape and Bu er Requirements. The alternative plans requesting approval
for deviation from landscaping and bu er requirements shall be subject to the
process and procedures of LDC section 5.05.08. G.1.—2. and the submittal
requirements established in the Administrative Code. Further, the applicant 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.
Parking Standards. These deviation requests shall be subject to the process and
procedures of LDC section 4.05.04 F.2.
In order to provide for maximum exibility, an applicant may request a deviation in
addition to the administrative deviations speci cally identi ed in LDC 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 justi cation for any such deviation. The review of these
deviations shall be guided by the following considerations:
Whether a requested deviation is (1) justi ed in that the subject LDC provision is
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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.
Whether or not the deviation will or may have a negative impact on public health,
safety, and welfare.
E ect of Denial. Sta 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.
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.
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.
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 underlying zoning
classi cation from the 12 unit maximum being sought. The di erence in units per acre
determines the bonus density allocation requested for the project.
For proposed projects, only the A ordable 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).
The project shall comply with the standards for mixed use development set forth in
LDC section 4.02.16 C.8.
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.
(Ord. No. 12-39, § 3.K; Ord. No. 13-56, § 3.SS; Ord. No. 16-22, § 3.O)