Ordinance 2012-39I
ORDINANCE NO. 12 — 39
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
SES;:INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS
CHAPTER FOUR — SITE DESIGN AND DEVELOPMEN`f `-
STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARD`S,
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 (114), 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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
Page 1 of 122
Words strucknen are deleted, words underlined are added
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.
Page 2 of 122
Words stfuelE thfough are deleted, words underlined are added
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 122
Words stme-k through are deleted, words underlined are added
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
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 iewelry 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.
Page 4 of 122
Words struck through are deleted, words underlined are added
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
94aG 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
* * * * * * * * * * * * *
PON
Words stFusk through are deleted, words underlined are added
and/OF bal '-
■ -
Morm-TrMallm
Mml
-
- - -
-
- ■ -
Ing
- -
■
- ■
-
- -
••-
- -
_ ,
- -
■ _MINES,
Mml
Page 6 of 122
Words struck thi--eugh are deleted, words underlined are added
s
Page 7 of 122
Words stFuek thfough are deleted, words underlined are added
- ■
■
Page 7 of 122
Words stFuek thfough are deleted, words underlined are added
_ ■.
..
Page 8 of 122
Words struck through are deleted, words underlined are added
Page 8 of 122
Words struck through are deleted, words underlined are added
Page 9 of 122
Words trough are deleted, words underlined are added
Page 10 of 122
Words stmck thFOugh are deleted, words underlined are added
- - -
Page I 1 of 122
Words str-uek though are deleted, words underlined are added
units,e. Re6iden" Subdistr4ot 3 6". The PUFpese of this 6ubdiStFirSt is to allow
the developmeRt of multi family, two family dwelling
ReighbeFheed design.
Page 12 of 122
Words stmek thFough are deleted, words underlined are added
-------------
Page 13 of 122
Words struck tlr-eugh are deleted, words underlined are added
Page 14 of 122
Words stM&thFOugh are deleted, words underlined are added
Page 15 of 122
Words struck through are deleted, words underlined are added
mm r7mg -7 -
■
■ .._
RZ
�■
_
■�
�■
-- - -- --- ---
-Ezz-
Page 16 of 122
Words stmok through are deleted, words underlined are added
Page 17 of 122
Words strut g : are deleted, words underlined are added
_.MRS
0-
................
Page 17 of 122
Words strut g : are deleted, words underlined are added
Page 18 of 122
Words stFuckthrough are deleted, words underlined are added
'S 1210
....:. ., ..:.
- dim
Page 18 of 122
Words stFuckthrough are deleted, words underlined are added
Page 19 of 122
Words stmek thfough are deleted, words underlined are added
Page 20 of 122
Words strums are deleted, words underlined are added
NOTES TABLE -2
a3
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 Zoninq
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 subiect to the Bayshore Overlay
District requirements.
3. Relationship to the Underlying Zoning Classification and Collier County Growth
Management Plan
Page 21 of 122
Words stmek tlr-eug# are deleted, words underlined are added
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:
i. 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
the development of multi -family residences as transitional uses
between commercial and single-family development. The multi -
Page 22 of 122
Words str-uck through are deleted, words underlined are added
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 sinale-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 sinale-family dwellina units, while
allowing for buildina additions such as front porches.
b. Use Categories and Table of Uses.
i. All uses permitted in the BMUD subdistricts have been divided
into 9 general categories, which are summarized below:
a) Residential: _Premises available for lona-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.
h) Infrastructure: Uses and structures dedicated to
transportation, communication, information, and utilities
including Essential Services.
Page 23 of 122
Words strtelE threugk are deleted, words underlined are added
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
proiects must comply with site development standards as
provided in section 4.02.16.
iii. Table of Uses
Table 1 _ Table of l 1SPS fnr tha Ravchnra MiYarl I Ica nictrir+ G ihrlic4rir+c
Page 24 of 122
Words stfiwkthrough are deleted, words underlined are added
USE TYPE
BMUD SUBDISTRICTS
ADDITIONAL
STANDARDS
RESIDENTIAL IM X E D
USE
Ri R2 R R4 NC I W
a)
RESIDENTIAL
1)
Ring, Sin le-Famil
p
p
p p
p
2
Dwellina. Duplex
p
p
p
3
Dwellin Two-Familv
P
P
P
P
P
4
Dwellina. Rowhouse
P
p
p
p
p
5
Dwelling, Multi -Family 3 or more
P
P
P
P
p
6)
Dwellina. Mobile Home
P.
—
'If allowed by
underlying zoning
7
Home Occupations
A
A
A A
A
A
5.02.03
8
Live -Work Units
I
Cu
P
1 P 1
4.02.16 C.6.
9
Artist Village
Cu
Cu I
CU
P
I P 1
4.02.16 C.3.
b)
LODGING
1
Bed & Breakfast Facilities
Cu
CU
I CU 1
4.02.16 CA.
2
Hotels and Motels
p
p
C)
OFFICE/SERVICE
1
Banks Credit Unions Financial Services
P
2
Business Support Services
p I
p
3
Child Care Services
CU
I CU I
CU I I
CU I
Cu
Page 24 of 122
Words stfiwkthrough are deleted, words underlined are added
4
Community Service Organization
p
p
5-)-
Drive Thru Service banks
6
Government Services
p
p
7
Family Care Facility / Nursing Home
p
p
8—Medical
Services - Doctor Office
p
p
9
Medical Services - Out atient/Ur ent Care
p
10
Personal Care Services
p
p
11
Post Office
p
p
12
Professional Office or Service
p
p
13
Rental Services - E ui ment/Vehicles
P
p
14
Studi - Art DanceMartial Arts Music
P
p
15
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
Barsfravern/Ni ht 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
71
General Retail - > 15.000 sf
CU
CU
8
Restaurant
p
p
9
Shopping Center
CU
CU
10
Vehicle/Boat/Heavy E ui ment Sales
CU
4.02.16 C.7.
e)
ENTERTAINMENT/RECREATION
1
Gallery / Museum
p
p
2
Meetino Facili
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)
MANUFACTURINGIWHOLESALE/
STORAGE
1
Laboratory - Medical anal ical research
p
2
Laundries and Dry Cleaning
p
3
Media Production
p
4
Metal Products Fabrication
p
5
Mini -Warehouses
6
Repair Shoos
p
p
7
Research and Develo ment
p
p
8
Storage - Outdoor
A
4.02.16 CA
9
_Storage - Warehouse
Q)
CIVIC INSTITUTIONAL
1
College/University
p
p
2
Educational Plant
p p p p p
p
3
Hospital
4
Membership Organizations
p
p
5
Public Safety Facili
CU
CU
6
Religious Institution
CU CU CU CU CU
CU
7
Schools - Elementary and Secondary
8
Schools - Vocational and Technical
h
INFRASTRUCTURE
Page 25 of 122
Words stmek through are deleted, words underlined are added
Note: The Table of Uses identifies uses as permitted uses (P): accessory uses (A)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.
_ ■
-
1
Automobile Parking Facilities CU
2
Boat Launch A
3
Essential Services P P P P P P
4
Marinas and Boatyards P P 4.02.16 C.7.
5
Transit Station
6
Wireless Telecommunication Facility
Note: The Table of Uses identifies uses as permitted uses (P): accessory uses (A)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.
-
_
-Nis
_ ■
-
KIM S,
: - MI.
e
-
■ -
- •- -
MY.
MILN
-
_
-Nis
_ ■
-
KIM S,
: - MI.
e
Page 26 of 122
Words struck Hugh are deleted, words underlined are added
■- ■
■ L
_ aa_
1
GTIAUDA I MiyW Um Snbd* 7
GTMU" R"44 -M Sub Mm
M") Uro LNnu zuw
= MMI T-wglr
® MZ A—m" P." Zone
FW vIA'AUsl.
=AMh Oa EWM
r _ ,-
-
_ r _
lei b
i_s _
- a a
Page 27 of 122
Words stmeL 1hrough are deleted, words underlined are added
-- -
-
In
---
-
- - - -3MCT'.WLNftI-I=.mrr-r.
■-
- ■
.
..
NUm-
■.
.•
NMIMLA .-
- - -
Page 28 of 122
Words 4mek4hrottgh are deleted, words underlined are added
- --
- ■
• -
MEN
-
- -
fff
- -
■-
-
■-
Page 29 of 122
Words st+ek through are deleted, words underlined are added
C� - -
-•Mir imor. Y
-
Page 30 of 122
Words stmek through are deleted, words underlined are added
■
1—:2 Nee- TWA= .......
Page 31 of 122
Words Ali through are deleted, words underlined are added
G) GhUFGhes.
Page 32 of 122
Words dough are deleted, words underlined are added
Page 33 of 122
Words sough are deleted, words underlined are added
Page 34 of 122
Words stttek thfough are deleted, words underlined are added
-_ --
■�
...... ..
.-. -
ORTUMMOMM
Page 34 of 122
Words stttek thfough are deleted, words underlined are added
Page 35 of 122
Words stmek thr-eugh are deleted, words underlined are added
0 �
0 �
� 0
0 0
MEN 0
0 0
0
MzM
0 0
0 0
a
o
L
o m
m
M a
0 a
o a
00■�0
U -M
0 a
a
a
0 9-3
UMII
0
o
s
o
�
o
v
o
ra
o
s
o
s
s
Page 36 of 122
Words struck through are deleted, words underlined are added
Page 37 of 122
Words stmek through are deleted, words underlined are added
Page 38 of 122
Words stmck through are deleted, words underlined are added
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 may 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 proiects that are
urban in nature and include a mix of residential types and commercial uses
Page 39 of 122
Words StFUCA thFOugh are deleted, words underlined are added
Development in this District should encourage pedestrian activity through the
construction of mixed-use buildinas, an interconnected street system and
connections to adiacent neighborhoods. When possible, buildinas 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 subiect 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 Gatewav Trianale Rpdpvpinnmpnt Ovarlav of tha P iti mm
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 regulations 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:
i. Mixed Use Subdistrict (GTMUD-MXD) The purpose and intent of
this subdistrict is to provide for pedestrian -oriented commercial
Page 40 of 122
Words stmek are deleted, words underlined are added
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.
i. All uses permitted in the GTMUD subdistricts have been divided
into nine general categories, which are summarized below:
a) Residential: Premises available for lona-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.
g) Civic and Institutional: Premises available for organizations
dedicated to religion, education, government, social
service, and other similar functions.
Page 41 of 122
Words stFU6k thMugh are deleted, words underlined are added
h) Infrastructure: Uses and structures dedicated to
transportation, communication, information, and utilities,
including Essential Services.
ii. Interpretation of the Table of Uses
a) Anv 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 subiect to the MUP approval
process as outlined in section 10.02.15. All other proiects
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
Page 42 of 122
Words struelF through are deleted, words underlined are added
USE TYPE
G T M U D
S U B D I S T R I C S
ADDITIONAL
STANDARDS
R MXD
a) RESIDENTIAL
1
Dwelling, Sin le-Famil
P
P
2
Dwellina, 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.Q.
10
Artist Village
CU
P
4.02.16 C.3.
Page 42 of 122
Words struelF through are deleted, words underlined are added
b) LODGING
1 Bed & Breakfast Facilities
CU
CU 4.02.16 C.4.
2 Hotels and Motels
P
c) OFFICE/SERVICE
1) Banks, Credit Unions, Financial
Services
P
—
2 Business Support Services
P
3 Child Care Services
CU
CU
4 Community Service Organization
P
5 Government Services
P
6 Family Care Facility / Nursing Home
CU
7 Medical Services — Doctor Office
P
8) Medical Services — Outpatient/Urgent
Care
P
—
9 Personal Care Services
P
10 Post Office
P
11 Professional Office or Service
P
12 Rental Services — Equipment/Vehicles
P
13) Studio — Art. Dance, Martial Arts,
Music
P
—
14 Studio — Motion Picture
CU
15) Vehicle Services —
Maintenance/Re air
CU
16 Veterinarians Office
P
17 Video Rental
P
d) RETAIURESTAURANTS
1 Auto Parts Sales
P
2 Bars/Tavern/Ni-ht Club
P
3 Drive Thru Retail/Restaurant
P
4 Gas Station with Convenience Store
P 5.05.05
5 Nei hborhood Retail - <2,000 sf
P
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 E ui ment 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
P
7 Recreation Facility, Outdoor
CU
CU
8 Amusements Indoor
P
9 Amusements Outdoor
CU
CU
10 Community Garden
P
P 4.02.16 C.S.
Page 43 of 122
Words stmek through are deleted, words underlined are added
fl MANUFACTURING/WHOLESALE/STORAGE
1 Boat Yards
CU
2) Laboratory — Medical, analytical,
research
P
—
3 Laundries and D-cleanin
P
4 Media Production
P
5 Metal Products Fabrication
CU
6 Mini -Warehouses
7 Repair Shops
P
8 Research and Development
P
9 Storage — Outdoor
CU 4.02.16 C.9.
10 Storage - Warehouse
P
11) Lawn and Garden Services in
con'unction with a Nurse
CU
—
g) CIVIC/INSTUTIONAL
1 College/University
CU
2 Educational Plant
P
P
3 Hospital
CU
4 Membership Organizations
P
5 Public Safety Facility
CU
6 Religious Institution
CU
CU
7 Schools — Elements and Seconds
P
8 Schools — Vocational and Technical
CU
h) INFRASTRUCTURE
1 Automobile Parking Facilities
P
2 Boat Launch
3 Essential Services
P
P
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 proiects
may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with
the Overlav Subdistrict. However, all projects must comply with site development standards as provided in section
4.02.16.
SUBSECTION 3.C. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD
COMMERCIAL SUBDISTRICT
Page 44 of 122
Words stmek through are deleted, words underlined are added
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
42 feet, not to eXGeed 3 6tGFies
Mixed use= 56 feet,
t'ses
HeteiMetel
Page 45 of 122
Words strdEk thr-ough are deleted, words underlined are added
■-IT IMININT"PROMLMI -- I - e' ------- --", —
11111~
- = — - --�- -
Page 46 of 122
Words stfueli thfough are deleted, words underlined are added
ILI�_
y 4..
f w�♦wti;
1T q
bit
�. 4
■ _
11 M
M 7 -MM
�
AM WWWWWWO—O.-WIN
a
Page 47 of 122
Words S=n,ek-O are deleted, words underlined are added
a. _ _
10" MIX
Page 48 of 122
Words stmeg ; are deleted, words underlined are added
oil
M MM
i _ a a
Page 49 of 122
Words 4nw444foug4 are deleted, words underlined are added
-�. ,�,. i,• IF
-
it .
pa womm'11191
Page Sa of I22
Words 4nmk4hfairgh are deleted, words underlined are added
A. Dimensional and Design Standards for the BMUD
1. Neighborhood Commercial Subdistrict (BMUD — NC)
a. Specific District Provisions:
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
buildinsa type of the principal structure(s) as described in
section 4.02.16 D., Buildina Types and Architectural Standards.
Table 1. Dimensional Requirements in the BMUD — NC
Page 51 of 122
Words stmek thfough are deleted, words underlined are added
House
Rowhouse i
Apartment
Mixed-
Use
Commercial
Civic &
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
Page 51 of 122
Words stmek thfough are deleted, words underlined are added
Notes: ' See 4.02.16.A.7 regarding Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
3 Applies to individual unit
Zoned Height of Buildina
s Property zoned C-3 shall have a minimum lot width of 75 feet
2. Waterfront Subdistrict (BMUD — W)
a. Specific District Provisions:
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., Buildina Types and Architectural Standards.
Table 2. Dimensional Requirements in the BMUD — W
House
Rowhouse z
Apartment
Mixed-
Use
Commercial
Civic &
Institutional
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
10
Min. Floor Area (sq
700
700
700 per
unit
700 per
700 per unit
n/a
ft)
unit
15
Min. Buildina
Separation
n/a
n/a
10
10
10
10
Max. Buildina
Height ft 4
42
42
42
56
56
42
Notes: ' See 4.02.16.A.7 regarding Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
3 Applies to individual unit
Zoned Height of Buildina
s Property zoned C-3 shall have a minimum lot width of 75 feet
2. Waterfront Subdistrict (BMUD — W)
a. Specific District Provisions:
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., Buildina Types and Architectural Standards.
Table 2. Dimensional Requirements in the BMUD — W
Page 52 of 122
Words sttu through are deleted, words underlined are added
House
Rowhouse z
Apartment
Mixed-
Use
Commercial
Civic &
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 Lftj
Page 52 of 122
Words sttu through are deleted, words underlined are added
Min. Rear
15
15
20
20
20
20
Yard ft
10
10
Min. Side Yard ft
7.5
5
7.5
Waterfront
25
25
25
25
25
25
Yard ft
1.000
750 per
unit
n/a
Min. Buildina
Separation
n/a
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
Buildina
Height (ft)4
Notes: See 4.02.16.A.7 regarding Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
Applies to individual unit
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:
i. Maximum Density is limited to the maximum density allowed by
the underlying zoning district and any available density bonuses.
ii. Lot and buildina dimensional requirements for new development
are provided below. These requirements shall be based on the
buildina type of the principal structure(s) as described in
section 4.02.16 D., Buildina Types and Architectural Standards.
Table 3. Dimensional Requirements in the BMUD — R1
House' I Rowhouse2ic
I Apartment' Inc tvit & al
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)
11100
1.000
750 per
unit
n/a
Min. Buildina
Separation
n/a
n/a
10
10
Max. Buildina Height
ft4
35
35
35
35
Page 53 of 122
Words stFec thFough are deleted, words underlined are added
Notes: ' See 4.02.16.A.7 regarding Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
3 Applies to individual unit
Zoned Height of Building
4. Residential 2 Subdistrict (BMUD — R2)
a. Specific District Provisions:
i. 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
House' I RowhouseZ I Apartment I InstitutionalCivic &
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)
11100
11000
750 per
unit
n/a
Min. Buildin Separation
n/a
n/a
10
10
Max. Building Height
fta
35
—
35
—
35
—
35
—
Notes: 'See 4.02.16.A.7 regarding Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
3 Applies to individual unit
Zoned Height of Building
5. Residential 3 Subdistrict (BMUD — R3)
a. Specific District Provisions:
i. 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 5. Dimensional Requirements in the BMUD — R3
Page 54 of 122
Words stmek thfetgh are deleted, words underlined are added
Mobile i Civic &
House Home Rowhouse Apartment Institutional
Min. Lot Width ft
40
40
253
100
100
Min. Front Yard ft
10
25
10
10
10
Min. Side Yarg_Cftl
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
11000
750 per
unit
n/a
Min. Buildina Se aration
n/a
n/a
n/a
10
10
Max. Buildina Height (ft) 4
35
30
35
35
35
Notes: ' See 4.02.16.A.7 regarding Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
s Applies to individual unit
Zoned Height of Buildina
6. Residential 4 Subdistrict (BMUD — R4)
a. Specific District Provisions:
i. Maximum Density is limited to the maximum density allowed by
the underlying zoning district and any available density bonuses.
ii. Lot and buildina dimensional requirements for new development
are provided below. These requirements shall be based on the
buildina type of the principal structure(s) as described in
section 4.02.16 D., Buildina Types and Architectural Standards.
Table 6. Dimensional Requirements in the BMUD — R4
Notes: See 4.02.16.A.7 regarding Duplexes
Zoned Heiaht of Buildina
7. Exceptions to Dimensional Requirements:
Page 55 of 122
Words stme g# are deleted, words underlined are added
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 Lftj
15
15
Min. Floor Area (sq ft
1,100
n/a
Min. Buildina Separation
n/a
10
Max. Buildina Height (ft)2
35
35
Notes: See 4.02.16.A.7 regarding Duplexes
Zoned Heiaht of Buildina
7. Exceptions to Dimensional Requirements:
Page 55 of 122
Words stme g# are deleted, words underlined are added
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 subiect 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 DA.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 proiect 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)
a. Specific District Provisions:
Page 56 of 122
Words stmEk through are deleted, words underlined are added
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: 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
i Mixed- Civic &
House Rowhouse Apartment Commercial
Use I I 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
Setback (ft)
25
25
25
25
25
25
Min. Floor Area (sq
11100
11000
750 per
unit
700
per
unit
700 per unit
n/a
Min. Building
Separation
n/a
n/a
10
10
10
10
Max. Building
Hei ht ft
42
42
42
567
567
42
Note_s__' See 4.02.16.6.3 regarding Duplexes
` See 4.02.16.13.3 regarding Two -Family Dwellings
3 Applies to individual unit
Zoned Height of Building
5 Property zoned C-3 shall have a minimum lot width of 75 feet
D� evelopment 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.
2. Residential Subdistrict (GTMUD R)
Page 57 of 122
Words stmok thr-eugh are deleted, words underlined are added
a. Specific District Provisions:
i. Maximum Density is based on maximum density allowed by the
underlying zoning district and any available density bonuses.
H. Lot and Buildinsa 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'Civic &
I Rowhouse2 I Apartment I 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)
11100
11000
750 per
unit
n/a
Min. Building Separation
n/a
n/a
10
10
Max. Building Height (ft)
35
35
35
35
Notes: See 4.02.16.A.7 regardinq Duplexes
See 4.02.16.A.7 regarding Two -Family Dwellings
s Applies to individual unit
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 122
Words stmek through are deleted, words underlined are added
C. Duplexes, where permitted, are subject to dimensional standards for a
house buildina type, but shall have a minimum of 1,000 square feet of
buildina 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 buildina type but shall have a minimum of 1,000 square
feet of buildina 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, awninas, 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 arade 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 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 buildina types and minimize
adverse impacts to surrounding properties.
1. Accessory Parking Zones
a. Lots adiacent to the Neighborhood Commercial (BMUD-NC) Waterfront
(BMUD-W) and Mixed Use (GTMUD-MXD) Subdistricts designated
Page 59 of 122
Words stMOIE thFeug# are deleted, words underlined are added
Accessory Parkina Zonina (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:
i. 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 propertv and related to the prima
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 auesthouse.
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.
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 auesthouse is 750 square feet limited to 1
habitable floor: the minimum area is 500 square feet.
d. The auesthouse 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:
i. 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.
g. Location: Accessory structures shall not be located in the front yard
except that accessory structures located on corner lots may be located
Page 60 of 122
Words stMek thFOugh are deleted, words underlined are added
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 Villaae
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. Dwellinas 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 villaae.
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 guest occupancy shall be 100 square feet
b. No cooking facilities shall be allowed in quest rooms.
C. Separate toilet facilities for the exclusive use of quests must be provided
At least 1 bathroom for each 2 questrooms 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 sign 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.
C. The sale of items from the property shall be prohibited except by an
approved special event.
Page 61 of 122
Words struck thFougk are deleted, words underlined are added
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:
i. Accessory buildings, including storage sheds or greenhouses
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 richt-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:
i. Identification of, and contact information for, a garden coordinator
to perform the coordinating role for the management of the
community gardens:
H. 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 occupv 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.
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.
Page 62 of 122
Words stmek thfoug# are deleted, words underlined are added
g. Limitations on use. The non-residential component of a live -work unit
shall be limited in the following manner:
i. 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.
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.
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.
i. Signage: Signage 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 adiacent
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.
e. Outdoor displays of boats for sale on properties fronting Bayshore Drive
shall be limited to the following:
Page 63 of 122
Words stmt are deleted, words underlined are added
i. All areas used for boat display activities shall occupy no more
than 35 percent of the linear frontaae 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 arade.
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
g. 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.
8. Mixed Use Project
a. Mixed Use Proiects are typically human -scale pedestrian -oriented
interconnected proiects 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 signage and street
furnishings.
b. Mixed Use Proiects 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
proiect shall provide retail, office and/or personal service uses to serve
the needs of the subject proiect 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
uses so as to insure actual development of a mixed use project or
otherwise in accordance with a development schedule approved for the
proiect and made a condition of the MUP approval.
Page 64 of 122
Words swack thFeugh are deleted, words underlined are added
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 adioininq neighborhoods and land uses. The
network shall fully accommodate pedestrian, bicycle and transit.
f. The commercial component of a mixed use proiect 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.
g. Parkinq lots shall be dispersed throughout the proiect 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 proiect
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 buildina types
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 buildina form character
Page 65 of 122
Words stfuck through are deleted, words underlined are added
and quality. Buildinas 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 buildina 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 buildina 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 buildina design standards of this section do not
mandate a particular building style and permit a wide variety of
architectural expressions. When a buildina exhibits a known
architectural style (i.e., Florida Cracker Mediterranean Colonial Modern)
the details shall be consistent throughout the buildina 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
apply to mobile homes or to buildings that are interior to a site that has
other buildings that meet this provision.
C. Compatibility: Proposed buildinas 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.
Page 66 of 122
Words stmek through are deleted, words underlined are added
DECORATIVE
W CORNICES
` WINDOW TRIM
(MINIMUM 4-
{- i WIDE)
GABLESJlI[(
O
EAVES-=
BALCONIES
OPEN ARCADE
OR COVERER -------_---- -- _t^_� BUILDING om,... .:�;
WALKWAY CCu 'C. E -- AWNINGS
TRANSOMS'
ALpNCs FIRST
TRANSOM - 0 I FLOOR
LIGHTS 1.
I.
E'
RECESSED I --.. '''� Ll PILLARS OR
ENTRY------�i,L_ '""!�. POSTS
BGT Redevel❑ ment Area Figure 1
Facade Treatments
(For illustrative purposes only)
4. Building Type: HOUSE
a. Description: The predominant buildino type in the Bayshore Gatewa
Triangle Redevelopment Area and is intended for use as a single-family
detached dwellina located on its own lot although it may also
accommodate duplexes, small multi -family dwellings, home
occupations, and professional offices.
BGT Redevelopment Area Figure 2
Building Type: House
For illustrative ourposes only)
Page 67 of 122
Words ugh are deleted, words underlined are added
b. Yards: The -typical House has fouryards: front sides and rear. Corner
lots shall have two front yards and two side yards, with the front Yards
along each street fronts e.
- - - -� - - - - _1- .._ - - ---
I �
1
I � I
Property Line A
I l I
I j j
1 I
I I l
�►_�_ .
I ; House i House i
I I I
I j �
I j j
d
I •- Pri rna rH Facade - j
I I I
Primary 5treet f -
0 !rest[ Yard 0 Side Yard 0 Rear Yard
BGT Redevelopment Area Figure 3
House Yard Diagram
For illustrative purposes only)
C. Elevation Re uirements:
i. 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 re uirements shall
be accomplished through stem wall construction. Stem walls shall
be finished in material and color complimentary to the principal
structure,
ii.Open Stilt-tyge 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 Permifted under the grincipal structure. The ars e
floor shall not exceed 24 inches above the elevation of the crown
of road from which it is accessed
Page 68 of 122
Words fig!} are deleted, words underlined are added
d. Front Porches:
i. Front 2orches 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. Te, i.
ii. Front Porches must cover a minimum of 44 2ercent of the
horizontal length of the front yard facade of the primary
residence and be at least 5 feet deep.
House
�LPorrh
_. ,--_.,....,_,_._,_._
Sidewalk
BGT Redevelopment Area Figure 4
House Porch Diagram
(Far illustrative purposes only)
Minimum Front Yard
Porch encroachment
I T 7' max.
I 1S Minimum Porch Width
= 40% of c
Front Fagade Length
iii. Front Porches shall not be air-conditioned or enclosed with lass
plastic, or other materials. Screening the Porch is allowed as ton
as the moldings that hold the screen material matches the
material and design character of the structure.
iv. Front second -story orches are encouraged, but no enclosed
room is permitted above the front Porch,
e. _ Garages, Carports, and Driveways:
i. Garage doors shall have a maximum width of 16 feet.
ii. The driveway shall have a maximum width of 18 feet in the ri ht
of -way area. Other than the permitted driveway, the front yard
may not be paved or otherwise „used to accommodate parking_
Freestanding carports are_ prohibited. Carports and oorte-cochere
must be attached to the principal structure and be of similar
materials and design as the principal structure. Detached
ara es must meet the side and rear setback requirements for an
Page 69 of 122
Words stRK44hpauO are deleted, words underlined are added
accessory structure. Car arts and detached ara es 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.
._•--- —•--- --- L._.— — — ---—..J._.—.—._.—.—._._.J
--• OttMWOOMM i F+WUmdedGffro e i Skit LoadedGamye I
I I I I
I I I i
I j j j
0j ........Dopm
I I I I
I j j j
— — J •— — •— — —.L.——.—._._.J.......
Street
BGT Redevelopment Area Figure 5
Garages, Carports, and Driveways Diagram
For illustrative gurposes only)
5. Building Type: RQWHOUSE
a. Description: A building with two or more residential units that are
attached by a common wall. A rowhouse is typically a fee sim le unit
from ground to roof with no units above or below. A rowhouse may be
used as a live -work unit.
Page 70 of 122
Words fig!} are deleted, words underlined are added
BGT Redevelopment Area Figure 6
Building Type: Rowhouse
For illustrative ptuirposes only)
b. Yards: The rowhouse buildina 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 re aired for end units. Corner lots shall have a
front yard on each street fronts e.
Property Lines I
I I �
I i 1 I I
I I
I E 1 i I
I � I f I Wim dry r�[�f
1 I I
I f 1 E f
- ......_.--Street —.�- -- ----
0 f font Yard Side Yard 0 Rear Yard
BGT Redevelopment Area Figure 7
Rowhouse Yard Diagram
For illustrative purposes only).
Page 71 of 122
Words fig# are deleted, words underlined are added
C. Front Porches and Stoops„
i. Front Porches should be used as a rima architectural element
and may encroach u12 to 7 feet into the required front setback in
accordance with section 4 02 16 A 7 e i
I j
I I
I I
! I
I Townhouse
0 Minimum f=ront Yard 1 !
Porch encroachment
= 7' max. i
Q Minimum Porch Width {
= 3496 of c { Porch I
.L.
(� Front Facade length .L
Sidewalk
BGT Redevelopment Area Figure 8
Rowhouse Porch Diagram
For illustrative purgoses only)
d. Elevation Details,
i, All buildina elevations visible from the street shall Drovide doors
Porches, balconies terraces and/or windows alon-q a minimum of
60 percent of the front elevation and 30 percent of the side
elevation for each building stn . "Percent of elevation" is
measured as the horizontal plane containin doors orches
balconies terraces and/or windows in relation to the total
horizontal plane of the buiidin elevation.
Page 72 of 122
Words ugh are deleted, words underlined are added
G+ o+o= �a%of o
BGT Redevelopment Area Fi ure 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 adeacent 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
0 Eaves
Bay windows
h_ Balconies
i Decorative finish such as wainscoatin
Decorative cornices and rooflines for flat roofs
k Window trim minimum 4 inches wide
e. Garages and Driveways:
i.
Garages and off-street parking s aces are encouraged to be
located to the rear of the building.
ii.
Garage provided along the front facade of the building shall meet
the following desi n 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 fora parked vehicle
without interfering with sidewalks.
b)- Garage doors shall not exceed more than 30 percent of
the front elevation.
Page 73 of 122
words s:.-... k4hfo* „are deleted, words underlined are added
6. Building Type: APARTMENT
a. Descri tion: A multiple -unit building with units arranged vertical/ and/or
horizontally and with parking located below or behind the building. Units
may be for rental or for safe in condominium ownership or may be
designed as continuing care facilities or lodging (hotel).
1111 b� 11'p V�p e
�K 1ot
-3 loll it �
SGT Redevelopment Area Figure 10
Building T e: Ai2artment
For illustrative purposes only)
b. Yards: The a artment building typically has a p6mary yard located to
the rear of the structure with secondary side yards and the potential for
a small landsca ed 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 122
Words struck-dw000 are deleted, words underlined are added
i
I
I
I
Prop" Lina ' !
f
'
I
I L --Promry facade _j _
Strad
0 E rent Yard 0 Side Yard 0 Rear Yard
BGT Redevelopment Area Figure 11
Apartment Building Yard Diagram
For illustrative purposes only)
C. Elevation Details:
Prinury)FacatiAa
I
I
I
All apartment building elevations visible from the street shall
provide doors orches balconies terraces and/or windows aloe
a minimum of 80 gercent 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 orches
balconies terraces and/or windows in relation to the total
horizontal plane of the building elevation.
ii. All a artment 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
Eaves
q) Bay windows
h) Balconies
i Decorative finish such as wainscoatin
Decorative cornices and rooflines for flat roofs
k Window trim minimum 4 inches wide
Page 75 of 122
Words fig# are deleted, words underlined are added
I
Prop" Lina ' !
f
'
I
I L --Promry facade _j _
Strad
0 E rent Yard 0 Side Yard 0 Rear Yard
BGT Redevelopment Area Figure 11
Apartment Building Yard Diagram
For illustrative purposes only)
C. Elevation Details:
Prinury)FacatiAa
I
I
I
All apartment building elevations visible from the street shall
provide doors orches balconies terraces and/or windows aloe
a minimum of 80 gercent 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 orches
balconies terraces and/or windows in relation to the total
horizontal plane of the building elevation.
ii. All a artment 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
Eaves
q) Bay windows
h) Balconies
i Decorative finish such as wainscoatin
Decorative cornices and rooflines for flat roofs
k Window trim minimum 4 inches wide
Page 75 of 122
Words fig# are deleted, words underlined are added
I Can❑ ies orticos or orte-cocheres inte rated with the
building's massing and scale
d. Massing and Scale: Apartment buildin s shall relate in mass and scale
to the adjacent built environment and shall avoid sin ie large. dominant
building mass.
i. Buildin s over 10,.000 s ware feet in ross building area shall
include farade variations so that the maximum length, or
uninterrupted curve of any facade does not exceed 60 linear feet.
Facade variations shall be Provided through promections and
recesses with a minimum depth of 5 feet and may include
Porches, balconies bay windows and/or covered entries.
Appropriate - Building includes
roofline offsets and facade
variation
Tti..-t_.. �..
Inappropriate - Building lacks
roofline offsets and facade
variation
BGT Redevelopment Area Figure 12
Massing and Scale Diagram
For illustrative ur oses only)
7. Building Type- MIXED-USE
a. Description: A building which can accommodate a variety of uses
typically with the qround floor dedicated to non-residential uses and upper
story floors dedicated to office and/or residential uses.
Page 76 of 122
Words stnw44hrouO are deleted, words underlined are added
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 iplaza or
court and to Provide public space or outdoor dining,
---— _ _._ — i
ii Property Line
I
I 1 I
I I
j Building i
Primary Facade
L. .�._._. J.
1
Building i
I
i
i
Primary Facade
f
Street
0 f unt Yard 19 Side Yard 0 Rear Yard
BGT Redevelopment Area Figure 14
Mixed -Use Building Yard Diagram
For Illustrative purposes only)
Page 77 of 122
Wards srtrw-k4hre*O are deleted, words underlined are added
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 foilowing elements:
i. The first floor building elevation shall be located between the
minimum and maximum front setback line ifprovided) for a
minimum of 60 percent of lot width.
! 1
I j
f j
I j
i Building i
i
i
! Prope rtyLines MrmRIMt$.*Wk ! Fa5adeWidth =x,0%ofb
Q Lot width
-------------------
_ 1
Street
BGT Redevelo ment Area Ficlure 15
Mixed -Use Building Fagade 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
buildina elevation along the 2rimary street frontage. Buildin
elevations alonci secondary_ street frontages shall provide 30
percent glazing.
Expanses of blank walls may not exceed 20 feet in length along
the Primary street fronts e. A blank wall is a fa ade 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 122
Words s4wek-� are deleted, words underlined are added
ii. Windows shall be located between 2 and 7 feet above sidewalk
r ade.
f.
Buildin-q Entrances: All mixed-use buildin s 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.
9. Elevation Details:
i. All mixed-use buildings shalt Rrovide a minimum of 4 of the
followin desi n details and architectural features:
a Dormers
b Gables
c Recessed entries
d Covered porch entries
e Pillars or posts
Eaves
Bay windows
h Balconies
i Decorative finish such as wainscoatin
Decorative cornices and rooflines for flat roofs
k Window trim minimum 4 inches wide
€ Canopies, orticos or orte-cocheres (integrated with the
building's massing and scale
M) Oen arcade or covered walkway
n} Bulkheads
o Transoms
Window hoods
Building awnings along first floor
h. Massing and Scale: Mixed-use buildings shall relate in mass and scale
to the ad'acent built environment and shall avoid single, large, dominant
building mass.
i. Mixed-use buildings shall include facade variations so that the
maximum length, or uninterrupted curve of any farade does not
exceed 75 linear feet. Facade variations shall be provided
throu h projections and recesses with a minimum depth of 4 feet.
Roofline offsets shall be provided to lend architectural interest and
variety to the massing of a building and to relieve the effect of a
sin le long roof. The maximum len th of an uninterrupted flat
roof is 75 linear feet.
i. Materials:
i. Mixed-use buildings exteriors shall consist of„wood clapboard,
stucco finish cement fiber board products, brick or stone.
Page 79 of 122
Words stRrek4hFooO are deleted, words underlined are added
ii. Pitched roofs shall be metal seam 5v Crimp, standing seam or
similar design), slate copper or wood shingles.
8. Building Tyr)e: 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 im acts of garking lots on an
active_ Pedestrian realm-
8(3T- Redevelo ment Area Figure 16
Buildin Type: Commercial
For illustrative pumoses 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.
10 ` Property Une -- I
I I
I I I
i
I
f�
1 I
I
Building i Building r
i
I � I
Primate a �_T!ly Face"
r
I T I I
L_._.J._.i._._.- _._ _._ _....._.l
.......... .. - ....
Street
0 Flunl Yald OWeYard ® ReaF Yam
Page 80 of 122
Words s4uek4hreuO are deleted, words underlined are added
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:
i. 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.
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:
i. 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
rade.
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. Buildina 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:
i. All commercial buildings shall provide a minimum of 4 of the
following design details and architectural features:
a) Dormers
b) Gables
c)-- entries
d)Covered porch entries
e) Pillars or posts
Page 81 of 122
Words StFUCA thFOugh are deleted, words underlined are added
f) Eaves
g) Bay windows
h) Balconies
i) Decorative finish, such as wainscoating
D Decorative cornices and rooflines (for flat roofs)
k) Window trim (minimum 4 inches wide)
1) 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
g) Buildina 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 buildina mass.
i. 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 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 buildina 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:
i. Commercial buildings shall be of wood clapboard stucco finish
cement fiber board products, brick or stone
H. Pitched roofs shall be metal seam (5v crimp standing seam or
similar design), slate, copper, or wood shingles
Exterior buildina 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 subiect 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.
i. Awnina:
i. For awninas 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 subiect to the Procedures established in section 5 05 08
Page 82 of 122
Words stFUCk thFOug# are deleted, words underlined are added
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 buildinsa 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:
i. 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.
i. 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.
Buffers adiacent 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 122
Words stme�. are deleted, words underlined are added
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.
Street
0 Front Yard 0 Side Yard 0 Rea r Ya rd
QGT Redevelopment Area Figure 18
Shared Buffer Diagram
(For illustrative purposes only)
Road Riciht-of-Wav Buffers: Road right-of-wav buffers for multi-
family excludin 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 ❑ buffer meeting the
design standards of section 4.66.02 C.4.
2] A hardscaoed area extendina from the back of the
street planting zone to the primary front facade.
The hardsca ed area shall 12erform as an
expanded public realm and may include benches,
outdoor eating areas, plazas, fountains, and art
pieces.
Page 84 of 122
Words fig# are deleted, words underlined are added
I j
I �
j Buffer — Option(a) I
l j
I j
! j
I j
! j
I j
I j
_Type 0 Buffer
Buffer — option (b)
ff -
..................
Hardscape
J.
Street
BGT Redevely ment Area Figure 19
Road Right -of -Way Buffer Diagram
For illustrative purposes only)
3. Parking Lot Landsca in
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 14 feet in
height.
C. Parking lot erimeter:
i.
Parking lots shall include Derimeter 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 Drovide ear -round screening. Trees shall be included
in the verimeter landsca a area at a minimum spacing of one
tree/palm per 25 feet of linear frontage.
ii. Streetwails shall be used when surface garking lots for non-
residential uses abut the riaht-of-way of Ba shore 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
orimary buildings and be 3 to 4 feet in heiciht and shall
have a 12 inch projection or recess a minimum of every 15
feet.
Page 85 of 122
Words fig# are deleted, words underlined are added
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. Buildina Foundation Plantina: Buildina foundation plantinas 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 buildina 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 buildina 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: Landscaoina 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 ouroose of the oarkina standards for the BMUD and GTMUD is to reaulate 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. Parkina 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.
Table 1. Parking Space Requirements in the BMUD and GTMUD
Page 86 of 122
Words S«R,,�. are deleted, words underlined are added
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 thepublic
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 sg. ft. of net floor area
Warehousing
1/1,000 sq. ft. of net floor area
Note: ' Outdoor caf6 seating shall be exempt from parking calculations.
2. Adiustments 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 proiects. 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 parkinq 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
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.
Page 87 of 122
Words stmek through are deleted, words underlined are added
C. Shared Parking. Shared parking is permitted for new develo ment 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
oarkinq 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 Darking. 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 Dublic spaces and are not for the exclusive use of
the adiacent use.
e. Tree oreservation. The minimum number of spaces required may be
adiusted bv 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 hei ht 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 ad'acent
lots through the use of a 'oint access easement. if a moint access
easement is provided for connectivity, then the minimum 12arking
requirement for the use may be reduced by 10 percent.
Street
0 front Yard 0 Side Yard 0 Rear Yard
BMUD and GTMUD Area Figure 20
Parking Diagram
(For illustrative oumoses onlyi
Page 88 of 122
Words stFue sh are deleted, words underlined are added
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 lona 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 riaht-of-wav and be located as provided below:
i. Parkinq 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 122
Words stmek through are deleted, words underlined are added
ii. On Site: Bicycle parking (not located within a parking structure)
shall be located on site within 50 feet of main buildina entrances
Bicycle parking shall not obstruct walkways
iii. Right-of-Wav: 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 buildina
on a site, or parkinq 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 Dublic art within the Bayshore Gateway Triangle Redevelopment
Area subject to the following conditions:
1. Murals are onlv allowed on commercial civic or institutional buildinas
2. Buildina must be located within the proposed Cultural District boundary,
Community Redevelopment Aqencv 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 Durpose of advertisinq 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
Page 90 of 122
Words stfKk tkOugh are deleted, words underlined are added
SUBSECTION 3.1). 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:
.
link feRGe *6 allewed-.
Words trough are deleted, words underlined are added
SUBSECTION 3,E. AMENDMENTS TO SECTION 4.02.18 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL
SUBDISTRICT [R1]
Section 4.42.18 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:
#est
Minimum um floor area
Duplex 1 nnn rni inra fan+ per � gni+
,......fir....,.
T-Ur^-femi��� ritaiallinrr i in t
1000 square feat nor
7iit
Page 92 of 122
Words stFuek throug are deleted, words underlined are added
Page 93 of 122
Words are deleted, words underlined are added
Page 94 of 122
Words fig# are deleted, words underlined are added
I �Iti r+rwFFeirR ,�
� ,
Jl IMFr�Fww 1'wl
Pomhes 40% of
Front Facade
N I I M-1 — - - M -I
Page 95 of 122
Words struck through are deleted, words underlined are added
Page 96 of 1.22
Words &tm&4hFoug}h are deleted, words underlined are added
-7.► f►f,r7
Page 97 of 122
Words r}N„^g; are deleted, words underlined are added
- - - d --
-Him,.
SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.19 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL
SUBDISTRICT (R2)
Section 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2),
of Ordinance 04-41, as amended, the Collier County !_and Development Code, is hereby
deleted as follows:
Page 98 of 122
Words fig# are deleted, words underlined are added
Ll&.:E..'ffi—.-
.101
- - - d --
-Him,.
SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.19 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL
SUBDISTRICT (R2)
Section 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2),
of Ordinance 04-41, as amended, the Collier County !_and Development Code, is hereby
deleted as follows:
Page 98 of 122
Words fig# are deleted, words underlined are added
SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.19 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL
SUBDISTRICT (R2)
Section 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2),
of Ordinance 04-41, as amended, the Collier County !_and Development Code, is hereby
deleted as follows:
Page 98 of 122
Words fig# are deleted, words underlined are added
Setbacks
One(Single) Family 26 feet 7.6 feet 15 feet
Detached -Dwelling
UA"
Duplex Dwelling Wn 26 feet 6 feet unless �5#eet
abutting single family
unit, theA 7.5 feet
Two-family dwelling 26 feet 6 -feet unle66 45 deet
Unit abutting single family
Multi Fa" 25 feet 6- feet -unless15 feet
#Fee-OFFnGFe) abutting single family
* * * * * * * * * * * * *
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:
4.02.20 Design StandaFde f0F Development In the BMUD Residential Subd*6tFiGt (R3)
Residential SubdiStFiGt 1, unless set feFth below.
Page 99 of 122
Words stmek thfough are deleted, words underlined are added
FFGRt Yafd Min. ReaF
GRe-(Single)- 10 feet* a#eet S feet
Family
BetaGhed LJ-if-
TeWRheuses
48 feet* 0 feet when abUttiRg 8 feet
+yet then 54eet-.
Two family 10 feet* 0 -feet when abutting 8 feet
dwelt+Rg unit aRGtheF dweligno unit,
Mobile homes SetbaGks shall be as FeqUiFed in the MH zeniRg diStFiGt. See seGtiGF1
ire ^ 02 01 Table 2.1
undeFlying
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 100 of 122
Words stmek through are deleted, words underlined are added
A. Development standaFdr, fGF the ResideRtial 8wbdi6tFiGt R4 aFe the same as these 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:
Page 101 of 122
Words stmek thWugh are deleted, words underlined are added
-
- -
•-- --
- -
Mor
. .
- -
Page 101 of 122
Words stmek thWugh are deleted, words underlined are added
------------
Maximum ekjht
of bbldYRgS
Residential USe GR'yi Maximum height
of buildlng&
eemmeMial uses.
Maximum height Gf buildings.
"MiRi T-Fiangle" Mixed Use
PFejeGt. Maximum height of buildings
42 feet, not to exceed 3 stories
112 feet, net to eXGeed 8 StOF*er--
Page 102 of 122
Words stmek through are deleted, words underlined are added
m
-:e
2 1
IN M-1
Maximum ekjht
of bbldYRgS
Residential USe GR'yi Maximum height
of buildlng&
eemmeMial uses.
Maximum height Gf buildings.
"MiRi T-Fiangle" Mixed Use
PFejeGt. Maximum height of buildings
42 feet, not to exceed 3 stories
112 feet, net to eXGeed 8 StOF*er--
Page 102 of 122
Words stmek through are deleted, words underlined are added
7.Tr-TZ Map
Iffu
Page 103 of 122
Words strueli through are deleted, words underlined are added
aAH..rc caw aawr
Sn. &718 r 7-7rH r 311H Mpf�
P.AMn. HyYw�OorM
CWS^ TO Be D*Wff.*d
Front 5eW 7"
Front Sew Zone
Hand Use SubdslW
Mixed Un 5vbdfsW
and C-1 &" 0
v+d G! Ibrw C-5
CarnMKCW2orlirap
C-0melrcl>✓ brr
17ts>rfcd
i r �
I
i
_.MnYr�MY �A81.1�1 AIY
Davis Boulevard, US 41 Commercial Drive
and Airport -Pulling Road
"WPrior 19208
NOW
23Rn 3s Ft
�rcMR Vidw so A"N &.4�1
K rush YLkwrH
Page 104 of 122
Words sausk thmmgh are deleted, words underlined are added
u+.w u.. a060r& 4M*vWmdaF
+Dow comm« v RIO49-O N
0* finnunp m U$ At
Ma�rl/nWlf M�IphL s6 Fw
MM THLVAr.Mhmd Use
d Shred.
AgKMN/A Adult H&W- 126 FNf
Cd m &VW lonlmU Da Mets
.....r.....r,r:w•r T
HNPhh aCVQFdWq to CWMI LDC
rr
+.rwr...
�mq*
M
a.
Mlx.d Us@ Subdlatrkt and Gf through C-3 Dlstrkts:
Bultdtrtg ffr7�, Stop Back, Prajactlanr and Recesses
NNO-1100 ..OL
Page 105 of 122
Words ugh are deleted, words underlined are added
AfFtap uss Subdls afer end G1 fhmo jn C -S Olxt rkls-
BuRWRV H&tft SMR!ftk P/opclfons and Racauy
+ a + p
Page 106 of 122
Words struck ihreug are deleted, words underlined are added
.,TOT_
r
AfFtap uss Subdls afer end G1 fhmo jn C -S Olxt rkls-
BuRWRV H&tft SMR!ftk P/opclfons and Racauy
+ a + p
Page 106 of 122
Words struck ihreug are deleted, words underlined are added
GTMUD • Mbred Use Subsf tkt
Location of Off Sheet Parking
I%&Pwhft
MbrrSY
URINrffr.-.T.Tzm , -- * Mz"-�M 1-immin-i'my. Ili - *M'-
;IzvINm=U'mcm M
Page 107 of M
Words � ^gig ; are deleted, words underlined are added
2 Mm
--
- -
- -
- --
■
-- -
-
-
--
-
-
-
�•
-
_ .•
04
MEWT
_
■
_ _
.. .
Page 108 of 122
Words struck thr-eug# are deleted, words underlined are added
gym
-9 m I
11"I'll NOR 110-1 -----------
iii -I
MAU
M.1
m
Page 109 of 122
Words 4FHek44F&40 are deleted, words underlined are added
Page 110 of 122
Words 4Fu& t FOuO are deleted, words underlined are added
_
■
-
-- -
- _
-
-
-
-
-
--rMLIWISINK--
IN
Page 110 of 122
Words 4Fu& t FOuO are deleted, words underlined are added
GnWUa - Athrod Use Subdiswc!
Wm—Mk— ff
' 8�ildlrt�twryfh
st� i f i
I.
Hwy+ io Fwr
ab.+
SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.36 DESIGN STANDARDS
FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL
SUBDISTRICT (R)
Section 4-02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R)of
Ordinance 04-41, as amended, the Coiner County Land Development Code, is hereby deleted
as follows:
Page 1 l 1 of 122
Words fig# are deleted, words underlined are added
MiA. Uew>t-yam Min. side-yaFd
(feeQ
One gi► feet 7.6 feel as feei
tits
ire family 10 feet 5 fee f 4-6
Duplex 10 feet 5 fee f 15 fee
Townhouse 10 feet 5 fee f I & #eeMulti family (thFee 9 10 fee f
7.5 fee 15 feet
uiiding-Standwds
Max*mum aGtUal height of all 9theF ar.Gessory 26 feet but *n no rare higheF that the m
GGFnpleFnei#aFy details; in paFtiGU1aF, building mateFials and ,
plaGement.
Page t 12 of 122
Words stie thFough are deleted, words underlined are added
■
1111 � nll all
1 r� 1111 1111
1111 11111IM
111 1111
1111 ■ ....... Ilrl �:� Ilrr ■f ■ 1111
!R!!!!!1
SftM ran* Dal -had T— Slay SGiple Family Deb~ Two Family/VupiexI TWO Stay
Townhouse: Single Family ACached
I;;; f :lll : 11 "B,"
a
Page 113 of 122
Aparhnenls: Muki-Fmn#y
Words ugh are deleted, words underlined are added
Pak.a
Porches 40% of
mum Front Facade
Page 1 ] 4 of 122
Words StRiCthrough are deleted, words underlined are added
Page l 15 of 122
Words ugh are deleted, words underlined are added
*SPS Same as pFiRGIpaI StFUGtUM
a. The feF;re shail not e)(Geed 42 iRGhes feet
h. The fenGe shall have an epaGity Fange of
On height.
0tG
- - - -- -
-
*SPS Same as pFiRGIpaI StFUGtUM
a. The feF;re shail not e)(Geed 42 iRGhes feet
h. The fenGe shall have an epaGity Fange of
On height.
0tG
5"0
Page 116 of 122
Words stmek through are deleted, words underlined are added
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 Ba shore Gateway Triangle RedeveJo meet
Area
A. Mixed Use Pr)iect Approval Types.
Owners of property located in the Ba shore Gatewa Triangle Redevelopment Area
designated as Nei hborhood Commercial BMUD-NC Waterfront BMUD-W and
Mixed Use GTMUD-MXD Subdistrict- 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 aporoved administratively or through a public hearinq pEggess as
described in this section. A pre -application meetin is required for all MUP applications.
Page 117 of 122
Words Wek- n are deleted, words underlined are added
1. Administrative Approval:
a. MUPs may be approved administratively provided they meet the following
conditions:
i. 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.
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 obiectives 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.
H. 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) iustified 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 subiect LDC provision in the context
of the proposed mixed use proiect 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
Page 118 of 122
Words s 'ough are deleted, words underlined are added
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:
i. 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.
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 subiect 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.
i. These deviation requests shall be subiect 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:
Page 119 of 122
Words stmekAfeagh are deleted, words underlined are added
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.
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 parkinq
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
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
proiects in addition to other conditions that the County Manager or
designee deems necessary.
d. Parking Standards. These deviation requests shall be subiect 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) iustified 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 proiect. The application shall provide an analysis of existing
conditions and the impact of either the requested deviation or strict
adherence to the subiect 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.
Page 120 of 122
Words s fuek4hfaugh are deleted, words underlined are added
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 proiects shall comply with the followinq
criteria. This density of up to 12 dwellina units per acre is only applicable until the
bonus density pool has been depleted.
1. The proiect 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 proiect acreage
The bonus density allocation is calculated by deducting the base 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.
3. For proposed proiects, 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 proiects 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.
Page 121 of 122
Words stru^'u`.�through are deleted, words underlined are added
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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 25th day of September, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
4s #!tO: �f�uiy Clerk
09fistlin 91 o
Appfoved as to- fop' and
legal sufficiency:
Hei iAshton-Cicko, Esquire
Managing Assistant County Attorney
04 -CMD -01077/1039 (9-26-12)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
This ordinance filed with the
S cr�gtory of State't Offi e th
f day of
and acknowledgement of
filing ret ived this - day
of
By
� Ierk
Page 122 of 122
Words stnwk4hreugh are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012-39
which was adopted by the Board of County Commissioners
on the 25th day of September, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida this 2nd
day of October, 2012.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex -officio to Board of
County Commissioners
1�
y
�y:Teres-a Cannon; } ';.%
Deputy Clerk'` E^