Attachment 6Attachment "6"
10.02.15- Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment
Area
A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle
Redevelopment Area designated as Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W),
and Mixed Use (GTMUD-MXD) Subdistricts may submit an application for a Mixed Use Project
(MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the
Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved
administratively or through a public hearing process as described in this section. A pre -application
meeting is required for all MUP applications.
1. Administrative Approval:
a. MUPs may be approved administratively provided they meet the following conditions:
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 LDC section 10.02.15 C.
b. The Administrative Code shall establish the submittal requirements for MUP administrative
approval. The application shall follow the applicable submittal requirements and
procedures for site development plan submittal and review.
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. The Administrative Code shall establish the submittal requirements for MUP requiring a
public hearing for approval. The application shall follow the applicable submittal
requirements and procedures set forth in LDC section 10.08.00, for conditional use
submittal and review. In addition to the conditional use findings as set forth in LDC
section 10.08.00 D., the following shall be considered:
i. Whether or not the requested use or uses are consistent with and further the
redevelopment goals and/or objectives of the Collier County Community
Redevelopment Agency (CRA) for the subdistrict(s) in which it is located. In addition
to the typical staff analysis for land use petitions, the Collier County Planning
Commission (CCPC) may also be guided by written or verbal input from CRA staff.
ii. Whether or not the proposed use or uses are appropriate in terms of scale and/or size
when considered in the context of the overall MUP and subdistrict.
iii. Whether a requested deviation is (1) justified in that the subject LDC provision is not
practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2)
warranted to the same degree as prescribed by the subject LDC provision, in the
context of the proposed mixed use project. The applicant shall provide an analysis so
the CCPC may consider the existing conditions related to the need for the requested
deviation or conversely, strict adherence to the subject LDC provision, in terms
feasibility and/or need.
iv. Whether or not the deviation will or may have a negative impact on public health,
safety, and welfare.
There shall be a public hearing before the BZA legally noticed and advertised pursuant to
LDC section 10.03.06.
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 LDC section
10.02.03 6.4.a.
iii. The SDP is considered no longer valid, pursuant to LDC section 10.02.03 13.4.b. and
C.
An approved MUP may be amended subject to the same procedures provided in this
section.
B. MUP Deviations.
Authority. The County Manager or designee may grant administrative deviations for proposed
developments requesting, or which have obtained, MUP approval through a public hearing
process. Deviations to the following land development standards may be granted, providing
such deviation requests demonstrate compliance with the applicable criteria.
2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be
eligible to seek an administrative deviation from the following LDC provisions:
a. Front Setback .
These deviation requests shall be subject to the process and procedures of LDC
sections 5.05.08. G.1.-2. and the submittal requirements established in the
Administrative Code, except that in order to be eligible for an administrative deviation
the site shall meet at least one of the following conditions or circumstances:
a) If constructed where otherwise required, the building(s) or structure(s) would
conflict with regulatory standards for existing public utilities or encroach into an
associated public utility easement , which cannot reasonably be relocated or
vacated based on physical or legal restrictions, as applicable.
b) The property has a unique or challenging parcel shape or boundary, such as a
narrow lot frontage on the public street.
ii. In order to administratively approve a front setback deviation, the proposed design
shall create a connective and walkable environment by demonstrating a comparable
relationship between proposed alternative building(s) location(s) and their associated
pedestrian and vehicular pathways , and associated parking facilities and transit
alternatives.
b. Architectural and Site Design Standards. These deviation requests shall be subject to the
process and procedures of LDC sections 5.05.08. G.1.-2. and 5. and the submittal
requirements established in the Administrative Code.
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 LDC section 5.05.08. G.1.-2. and the submittal requirements established in
the Administrative Code. Further, the applicant must additionally provide a minimum of
110 percent of the open space requirement for mixed use projects in addition to other
conditions that the County Manager or designee deems necessary.
d. Parking Standards. These deviation requests shall be subject to the process and
procedures of LDC 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 LDC section 10.02.15 B.2 as part of a
MUP Public Hearing process. Requests to deviate from LDC provisions where compliance is
not practical, feasible, desirable, or warranted in a mixed use project shall include a written
justification for any such deviation. The review of these deviations shall be guided by the
following considerations:
a. Whether a requested deviation is (1) justified in that the subject LDC provision is either not
practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2)
warranted to the same degree as prescribed by the subject LDC provision, in the context of
the proposed mixed use project. The application shall provide an analysis of existing
conditions and the impact of either the requested deviation or strict adherence to the
subject LDC provision, in terms feasibility and/or need.
b. Whether or not the deviation will or may have a negative impact on public health, safety,
and welfare.
4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the
provisions of section 250-58 of the Collier County Code of Laws and Ordinances.
C. Bonus Density Pool Allocation. Under the Collier County Future Land Use Element, bonus density
units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay.
The County Manager or designee will track the Bonus Density Pool balance as the units are used.
These bonus density units may be allocated between the BMUD and GTMUD overlays, and shall
only be allocated through a public hearing approval process.
To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This
density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been
depleted.
The project shall be within the Neighborhood Commercial (BMUD-NC), Waterfront (BMUC-W),
or Commercial Mixed Use (GTMUD-MXD) Subdistricts, and shall be a mixed use project.
Base density shall be as per the underlying zoning district. The maximum density of 12 units
per acre shall be calculated based upon total project acreage. The bonus density allocation is
calculated by deducting the base density of the underlying zoning classification from the 12 unit
maximum being sought. The difference in units per acre determines the bonus density
allocation requested for the project.
For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density
Rating System, is allowed in addition to the eligible bonus density units provided herein as the
entire BMUD is within the Coastal High Hazard Area (CHHA).
The project shall comply with the standards for mixed use development set forth in LDC
section 4.02.16 C.8.
5. For projects that do not comply with the requirements for this density increase, their density is
limited to that allowed by the Density Rating System and applicable FLUE Policies.
(Ord. No. 12-39, § 3.K; Ord. No. 13-56, § ISS; Ord. No. 16-22, § 3.0)