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London of Naples Material 8A 6-25-19Skip to main navigation Skip to search Skip to main content • CLOSEST STORE: 4787 RADIO ROAD View Store Info Search this siteSubmit search form • Food & Beverages • Fuel, Cards & More • Wawa Rewards • Careers • About Us • For The Neighborgood Site Submission Guidelines i Site Submission o Site acquisition will be contingent upon receipt of all approvals to construct and operate the proposed Wawa Food Market and gasoline facility Ideal Site and Building Characteristics • Preferred o Lot size of approximately 2 acres, sufficient for standard prototype layout o Building size of approximately 4,000-6,000 square feet o Parking for 50-60 cars o Accommodates 8 multiproduct fuel dispensers (MPDS). • Other size sites may be considered o Lot size of no less than 1 acre o Building size of a minimum of 4,000 square feet o Parking for 40 cars o Accommodates 6 multiproduct fuel dispensers (MPDs) • Site should be at grade with front and intersecting roads • Exceptions to the following may be considered in certain areas - Contact the area Real Estate Manager for site specific discussion. Please submit any site that matches these criteria by using our online form. The Regional Real Estate Manager for the area in which the site is located will contact you within two weeks of receipt of the information referenced above. Note: The criteria set forth herein are subject to change from time to time by Wawa, Inc., at its sole discretion, without notice. Criteria may be relaxed or restricted on a case by case basis, if in the sole discretion of Wawa, Inc., circumstances exist which warrant such relaxation or restriction. Continue to Submit a Site ���i-=. ��i, 6/24/2014 14.B.1. EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) review an offer to purchase CRA owned property in the Gateway mini -triangle by Fortino Construction & Development, LLC and Assignee and provide staff direction. OBJECTIVE: To obtain direction from the Community Redevelopment Agency regarding the potential sale of CRA owned property. CONSIDERATION: The subject site comprises six (6) parcels (Exhibit A) located in the center of the Gateway mini -triangle comprising approximately 5.27 acres. This area is identified in the CRA Redevelopment Plan as a potential site for a catalyst redevelopment project. It is also identified in the Growth Management Plan (GMP) Future Land Use Element (FLUE) Bayshore/Gateway Triangle Redevelopment Overlay as a catalyst project site "... eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay...". In 2009, the CRA Board authorized the purchase of 5.27 acres of commercial property in the Gateway mini - triangle for the sum of $6,386,000. The property was purchased with proceeds from the Fifth Third Bank loan. The site is improved with four buildings and a cell tower. The buildings operate as a rental car business, a plastering service business, a collision repair shop and a retail nursery. The properties generate a yearly rental income of approximately $301,000 to the CRA and are not exempt from property taxes and therefore on the tax roll. Taxes in 2014 were approximately $24,350 of which the CRA was reimbursed approximately $24,000. Three of the four buildings have maintained 100% occupancy and the leases are scheduled to expire in 2015. The fourth lease is scheduled to expire in 2016. Tenants are aware the site was purchased for redevelopment purposes and is identified in the Redevelopment Plan as a catalyst site. The CRA is currently working with the Real Property Management Department's Leasing Specialist and the County Attorney's Office to review the termination provisions of the leases. Fortino and his Assignees desire to purchase and redevelop the site with a mixture of uses comprising a senior housing component and/or a hotel including personal services, retail, restaurants and office uses. A contract setting forth the terms of the offer and an offering price of $5,000,000 is attached hereto for review. The CRA staff is seeking direction from the CRA Board whether it is the desire of the Board for staff to work with the County's Real Property Management Department and the County's Attorney's Office to prepare a Purchase Agreement to bring back to the Board for review and approval. An appraisal of the site was conducted by the County's Real Property Management Department in April of 2014, which provided for an estimated market value of the site to be $5,212,808.00. According to Fortino Construction & Development their total project budget is estimated at $55,000,000. In accordance with Florida Statute 193.011, the Property Appraiser appraises property at 100% just value, which equates with market value minus reasonable costs. If reasonable cost is estimated to be 15% the taxable value would equate to $46,750,000. Anthony Fortino has 25 years experience in the construction and development industry with offices in the New York/New Jersey metro area and Naples (Fortinoconstruction.com). A presentation was made by the developers to the CRA Advisory Board at the May 6, 2014 meeting. The advisory board voted unanimously for staff to take the contract to the CRA Board for their review and direction. The property is currently zoned C-4 and within the GTMUD-MXD Overlay. The Developer is open to investigating other uses than provided for in the contract of which will be further explored if the Board so Desires to direct staff to begin negotiations. Negotiated contracts, proposals and associated documents will be brought back to the Board for review Packet Page -307- 6/24/2014 14. B.1. FISCAL IMPACT: Assuming this new development will generate increased CRA taxable value of $46,750,000, the tax increment value associated with this new development if applied in FY 16 totals $221,900. If one assumes a 3% tax base increase in FY 16 in addition to the new development the added tax increment would amount to $298,000. Current CRA debt outstanding at June 16, 2014 totals $7,054,044 and the monthly payoff is $41,988. This current balance does not include the recent property sales approved by the Board. LEGAL CONSIDERATIONS: If so directed, the County Attorney will work with CRA staff and Real Property Management to implement Board's direction. This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAB GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: Recommendation that the Community Redevelopment Agency (CRA) review an offer to purchase CRA owned property in the Gateway mini -triangle by Fortino Construction & Development, LLC and Assignee and provide staff direction. PREPARED BY: Jean Jourdan, Interim Director Bayshore/Gateway Triangle CRA Packet Page -308- 6/24/2014 14. B.1. COLLIER COUNTY Board of County Commissioners Item Number: 14.14. B. 14. B. 1. Item Summary: This item to be heard at 10:40 a.m. Recommendation that the Community Redevelopment Agency (CRA) review an offer to purchase CRA owned property in the Gateway mini - triangle by Fortino Construction & Development, LLC and Assignee and provide staff direction. Meeting Date: 6/24/2014 Prepared By Name: JourdanJean Title: Project Manager, County Redevelopment Agency 6/9/2014 2:08:01 PM Submitted by Title: Project Manager, County Redevelopment Agency Name: JourdanJean 6/9/2014 2:08:02 PM Approved By Name: CasertaAshley Title: Project Manager, CRA, County Redevelopment Agency Date: 6/9/2014 3:22:07 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/18/2014 10:51:12 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/18/2014 11:18:02 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/18/2014 1:32:49 PM Packet Page -309- 6/24/2014 14. B.1. Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/18/2014 2:52:06 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/18/2014 4:25:27 PM Packet Page -310- (. Vacant Land'Contract PARTIES AND DESCRIPTION OF PROPERTY r 1. SALE AND PURCHASE: Collier County RedevelopmentA9ency Board 3• and ! Fortino Construction & Devetbetrient, LLC and Assignee 4 agree to sell and buy on the teems and conditions specified below the property (•Properly) described as: 5' Address: _ 1991, 1965, and 1933 Tamiami Trail•Easf & 2000, 2054 and 1936 Davis Blvd, NaplwFk 6' Legal Description: 00388440007,00388480009,77510200006,77510280000,77510320009,and 77510'e r L. 8' 9` 10' 11' 12- Including'all 13' 14' and the following-bdditional property: 6/24/2014 14.B.1. (•Sailer") Myerl 15 PRICE AND FINANCING i. y 16' 2. PURc-14ASE'PRICE: $ 5,000,000.00 payable by Buyer in U.S. funds as follows: n• (a) $ " 'x54,000.00 Deposit received (checks are subject to clearance) on _ April 18 2014 by 19- for delivery to Chefry Passidomo ; '('Escrow Agent") S/gpawfe NameofCompany 20" (Address of:'Escrdw Agent) Cheffy Passidomo 821 I AvelS Naples Fl 21• ?• (Phone #ofjEscrowAgent) 239-261-9300 22' (b) S 190,000:00 Additional deposit to be delivered to Escrow Agent by Augusdi l 2014 or days from Effective Date (10 days if left blank). 1 -- 24' (c) L . ^. Total financing (see Paragraph 3 below) (express as a dollar amount orf ercenfa&) 2s' (d) $ Other. 26' (e)' $. ..•4,8.50,000.00 Balance to close (not including Buyers closing costs, prepaid items aI1d prarationsj. All funds 27 paid at closing must be paid by locally drawn cashier's check, of ficial checkorwired funds. 26` ❑ (t) (comPet'e only If purchase price will be determined based on a per unit cost Instead ofa flked.pt(ce): fhe unit 29' U40 to determihe the purchase price is E]lot ❑ acre E] square foot E] other (specify: '� • ' . ) 3o- prorating, areas df less than a full unit. The; purchase price will be $ per unit based In a"calcutatlon of total 31 area of :the ;Property. as certified to Buyer and Seller by a Florida -licensed surveyor in accordance wiP,ar4gT*:,8(c):0f this 32' Contract..T-4# fpi(owing rights of way and other areas will be excluded from the calculation: 1 33. .. i _..._ 34; 3. CA$Fi /F-1IUAltICING: (Check as applicable) ❑x (a) t3uyer will pay cash for the Property with no 35' ❑(b) ;Tills Coilfract is contingent on Buys,Y qualifying and obtaining the commitment(s) or approv: 36' 'Finanetng�) within ' days from Efrective Date (if left blank then Closing Date or 30 days from I 37' o•'cctirs first):(ihe Flriancing Period'). Buyerwill apply for Financing within days from Effective 38 and will t ft�elx provide any and alt credit, employment, financial attd other lnformatlan required by I 39 cisirig.djilggie'arici'good faith, cannot obtain the Financing within the Financing Period, either party 40• arid'Bti�ier'sdeposits) WIiI be returned after Escrow Agent receives proper authorization from all inten 41' 0;(1j•N#W Finaticing: Buyerwlli secur6a commitment for new third artyfinancing for $ 42" ' / orlhe purchase prfce at the prevallinglnterest rate and loan costs based on Buyer's'Cre1 43 keep'Selier hhd Broker fully Informed of the loan application status and progress and authorizes 44 broker•%'discldse all such Information tdsellerand Broker. 45' [J(2j"Selfer'Financing: guyerwilt execute a ❑ first ❑ second purchase money note and mort, 46• amourifbf'$ bearing annual interest at 96 and payable as folidws:_ 47' 48 The; gage, note,•and any security dgreement will be In a form acceptable to Setter and wit co 44 ., si:, a . d'in tfie county Where the Properly is located; will provide fora late payment fee'arid accelen �!• Bujrer'• (_ J andSeiler (__} ( �) acknowledgereceipt of a copy of this page, which is Page .2007 Flafida'Assoc7ationiof{2euxoxs W0 Rights Rdserved i s&a'oaxxi�idoi"`3sio Packet Page -311- (the (5 days it left blank) ,nder. •If Buyer, after 'cancel this Contract E parties. � ' or achiness.:Buyer Will lender or mortgage to Seller in the follow forms generally Ion at the mortgagee's 1 of 7 Pages. 6/24/2014 14.B.1. 51 option if Buyer defaults: will give Buyer the right to prepay without penalty all or part of the pri'incipal at any time(s) with 52 interest only to date of payment; will be due on conveyance or sale; will provide for release lOf contiguous parcels: If 63 applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additlo al named Insured Buyer 54 authorizes Seiler to obtain credit, erriployment and other necessary information to determine creditworthiness for the ss financing. Seiler will, within 10 days from Effective Date, give Buyer written notice of whether or not Sellerwill make the loan. 56• ❑(3) Mortgage Assumption- Buyer will take title subject to and assume and pay existing first mottgage to 67' sa• LN>'f in the approximate amount of $ 1 currently pa able at 59' $ per month lncluding principal, Interest, taxes and insurance and haling a ❑ fixed other 60• (describe) 61- interest rate of 'Yo which ❑ will ❑ will not escalate upon assumption. Any variance lin the mortgage will be 62 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seaters escrow 63• account dollar for dollar. If the lender`dlsapproves Buyer, or the Interest rate upon transfer exceeds % or the 64• assumptlon/transfer fee exceeds $ . either parry may elect to pay the excess, faill ng which this agreement 6s will terminate and Buyer's deposit(s) will be returned. thirty days after the "Land Use Approvals" become final an :::non appealable 66 CLOSING 67 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered ori -D�A- 68- ' 2944 (Cl6sing Date"). Unless the Closing Date is specifically extended by the Buyer and Seiler or by any other provision in this 69 Contract, the Closing Date shall prevail over, all other time periods including, but not limited to, financing and feasibility study 70 periods. If on Closing Date insurance underwriting Is suspended, Buyer may postpone closing up to 5 days after the insurance 71 suspension is lifted. If this transaction does not Gose for any reason, Buyer will immediately return all Seller -provided title 72 evidence, surveys, association documents and other Items. 73 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property Is located a�1d may be conducted by 74 mail or electronic means. If title insurance insures Buyer for title defects arising between the title b nder effective date and 7s recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller On local cashier's checks If Seller 76 requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17. to a dition to other expenses 77 provided in this Contract, Seller and Buyer wilt pay the costs indicated below. 78 (a) Seller Costs: 79 Taxes on the deed so - Recording fees for documents needed to cure title C - 87 Title evidence (if applicable under Paragraph 8) a2• Other. s3 (b) Buyer Costs: ea Taxes and recording fees on notes and mortgages as Recording fees on the deed and financing statements e6 Loan expenses 87 Lender's title policy at the simultaneous issue rate ae Inspections 69 Survey and sketch 90 Insurance 91' Other. 92 (c) Title Evidence and Insurance: Check (1) or (2).- 93' 2):93• [](1) The title evidence will be a Paragraph 8(a)(1) owner's title insurance commitment.❑ Sellerwill select the title agent and 94• will pay.for the owner's title policy, search, examination and related charges or ❑x Buyerwill select t ie, title agent and pay for 95- the owner's title policy, search, examinaflon and related charges or ❑ Buyer will select the title agent and Seller will pay for 96 the owner's title policy, search, examination and related charges.. 1 97• ❑(2) Seller will provide an abstract as speclfled in Paragraph B(a)(2) as title evidence, ❑ Seiler © Buyer will pay for the 99 owners title policy and select the title agent. Setter will pay fees for title searches prior to.closing, nciuding tax search and 99 Ilan search fees, and Buyerwill pay fees!for title searches after closing (if any), title examination fees and closing fees, 100 (d) Prorations- The following items will be made current and prorated as of the day before Closing Date: real estate taxes, 101 interest; bonds, assessments, leases and other Property expenses and revenues. if taxes and assessmdnts for the current year 102 cannot• be determined, the previous year's rates will be used with adjustment for any eliembtions. PRQPERTY TAX 103 DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF 104 PROPERTY TAXES THAT BUYER MAY BE'OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PUiiCHASE. A CHANGE OF 105 OWNERSIJIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT CC ULD RESULT IN HIGHER 106 PROPERTY TAKES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S 107 OFFICE FORFURTHER INFORMATION. 108 (e) Spa Cli Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay m the full 109 ' amou Idris that are certified; confirmed and ratified before closing and (11) the amount of the last estimate ofthe assessment 110' Buyer. (_ _ j and Seller L__J f 1 acknowledge receipt of a copy of this page, which is Page 2 of 7 Pages. VAC -9R R 82001 Florida Association orREaLm* All RightsRrserved sarfalk:•a3s33700ot39 6386370 - — Packet Page -312-S 31i 1.4i7 * the uses, bezgtxts, intensities Approvals" 6/24/2014 14. B. 1. and dens3fies . described inIt;he *'Land 111 if an improvement is substantially compfeted as of Effective Date but has not resulted In a lien befr i7Z' pay all other amounts. If special assessmbnts may be paid in installments ❑ Buyer EXISeller (ff h l 1ss installments due afterclosing. if Seller is checked, Sellerwitl pay the assessment In full priorto or at 114 body does not include a Homeowner Asspclatton or Conddminlum Association. 116 (f) Tax Withholding: If Seller Is a "forelgn person" as defined by FIRPTA, Section 1445 of the Interr 116 Buyer to withhold 109/6 of the amount realized by the Sell #r on the transfer and remit the withhe 117 Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller provid 118 that Seiler is not a "foreign person`, (2) seifer .provides Buyer with a Withholding Certificate 119 eliminated withholding, or (3) the gross sales price Is S300,00o or less, Buyer Is an IndivldUai who 126 use as a residence, and Buyer or a rnembi:r of Buyers family has definite plans to reside at the Propi 121 number of days the Property Is in use during each of the first two 12 month periods after transfer. T 12.2 Seller to have a U.S. federal taxpayer identification number (,TIN"). Buyer and -Seller agree to execu 123 any Instrument, affidavit or statement reAsonably necessary to comply with FIRPTA requirements Int 124 within 3 days from Effective Date and delivering Male respective TIN or Social Security numbers to tt in appiles for a withholding certificate but the application is still pending as of closing, Buyer will placE 126 Seller's expense to be disbursed In accordance with the final determination of the• IR5, provided Sol 121 Buyer notice of the pending'application In accordance witksection 1445: It Buyer does not pay su 12B meet the withholding requirement, Selier will deliver. to Buyer at closing the additlonal cash 129 requirement. Buyer will timely disburse the funds to the IRS and provide Seiler with copies of the tax 130 (g) 1031 Eocchangw Ir either Seller or Buyer wishes to enter into a #floe-ltdnd exchange (either stmul, 131 after) under Section '1034 of the Internal Revenue Code ("Exchange'), the other party will eooperate4n 132 effectuate the Exchange including executing documents; provided, however, that the cooperating pac 133 cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed b� 734 PROPIERTY CONDITION 135 b, LAND USE: Seller will deliver the Property to Buyer at the time agreed In its present 'a5 Is, c 136 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the Is 137 a comparable condition and will not engage: In or permit any activity that would materially after the Prc 730 the Buyer's prior written consent. 139 (a) Flood. one, Buyer is advised to verify by survey, with the fender and with appropriate governrr 140 zone the Property Is In, whether flood insurance is required and what restdcfions apply to imp 141 rebullding in the eventaf casual. 142 (Ib) Government Regulation: Ayer Is advised that changes in goverrlmerlt regulations and leve 143 Buyer's Intended use of the Property will hot be grounds for 4nceling this Contract ifthe Feasibility 144 or if Buyer has checked choice (c)(2) below. 145 (c) Inspections (check (1) ar(,?) below) 120 146• [J(4) Feasibility Study: $oyer will._at Buyer's expense and withintttdays from Effective Date 147' Perlod' , determine whether the Property Is suitable, in Buyer's sole and absolute. discretion 146' ak+ le� --roe- During the Feasibility Study Period, Buyer may conduct,; 149 assessment and any other tests, analyses, surveys and investigations CInspections") that Bu, ,sa determine to Buyers satisfaction the Property's engineering, architectural and environmental 151 zoning restrictions subdivision statutes; soil and grade; availability of access to public roads, v M consistency with local, state and regional growth management plans; availability of permits, gat 153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's su 154 intended use- If the Property must be rezoned, Buyer will obtain the rezoning from the appropria 1ss Seilerwill sign all documents Buyer is requlred to file in connection with development or rezoning 156 seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any tin T57 Study Period for the purpose of conducting #nspeclions; provided, however, that Buyer, Its 1 ise assigns enter the property and conddct inspections at their own risk Buyer will Indemnify ar 159 from losses, &mages, costs, c#aims and expenses of any nature, Including attorneys' reel, 15o incurred in application for rezoning or;related proceedings, and from ltab€iity to any person, arts 161 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activil 162 construction lien being filed against the property without Seller's pilar written consent. if til 163 close, Buyer will, at Buyer's expense; (1) repair all damages to the Property resulting from the' 164 the Property to the condltton it was in'priorto conduct of the Inspections, and (2) release to Set# 165 work generated as a result of the I'nspe'ctions. 1 166 Buyer will deliver written riotice to Seiler prior to the expiration of the Feasibility Study Period of 81 161 whether or not the Property Is acceptable. Buyer's failure to comply with this notice requirement wi 169 of the Property as suitable for Buyer's intended use In -Its 'as is" condition. if the Property is unci 169 written notice of this fact is timely delivered to Seiler; this'Contract will be deemed terminated 170 Feasibility Study period ends and BuyeCs deposit(s) will be returned after Escrow Agent receives pr. 171 sli interested parties. 772- ©M o Feasibility study: Buyer Is satisfied that the Property Is suitable for Buyers purposes, Inc, 113 sat* at either public sewerage and water are avaliable to the Property or the Property will be a { 174' Buyer ( 1 and Seller L ---J (.. i acknowledge receipt of acopyofthis page which is Pad VAC -9 Rev: 02007 Florida Aswdatlon of Rmrorm*� All Rights Reserved I SEial� 035311-0t1a139•gB63yO - Packet Page -313- , Use l closing, and Buyer will blank, Buyer) shalt gay e time of cios3ng. Pubi€c 1l Revenue Code requires J amount to the Internal s buyer with an affidavit, )roviding for reduced or urchases the Property to ,ty for at least50% of the e in requires Buyer and e and deliver as directed :ud#ng applying for a TIN Closing Agent. If Seller the 10% tax In escrow at erso requests.and gives tldent cash at closing to iecessary to satisfy the )rms and recelpts.• aneously with dosing or III reasonable respects to y will incur no ltablltty or the Exchange, n, with conditions ng and grounds In condition without agencies which flood ng the Property and of servlce which affect udy f' IIod has expired for 11-6eoler� Phase I environmental rer deems necessary to propertles•, zoning and ater, and. other utilities; ernment approvals, and lability for the Buyers e govemrnentagencies. 1pprovafs. e during the Feaslbll#ty gents, contractois and d hold Seller harmless expenses and liability ng from the conduct of ¢ that could result in a s transaidtion does not Inspections and return =r all reports and other J)'er's determination of Ii constitute acceptance ;ceptable to Buyer and as of the day aper the )per authorization from 41ng being iroVed forte 3 of 7 Pages, form8ulag"ityr 6124/2014 14.B.1. f * the uses, heights, intensities and densities described iu ithe "Land Use I 4 Approvals" 175 installation of a well and/or private seUverage disposal system and that existing zoning and other) ertinent regulations and 176 restrictions, such as subdivision or deet! restrictions, concurrency, growth management and env, onmental conditions, are 177 acceptable to Buyer. This Contract is Rot contingent on Buyer conducting anyfurther investigations. 178 (d) Subdivided Lands. If this Contract is for the purchase of subdivided lands, defined by Florida Law as •(a) Any contiguous 179 land which Is divided pr is proposed to be divided for the purpose of disposition Into 50 or more lots,arcels, units, or interests; Iso or (b) Any land, whether contiguous or riot, which is divided or proposed to be divided into 50 or more lots, parcels, units, or tai interests which are offered as a part of a common promotional plan.", Buyer may cancel thisicontract for any reason M2 whatsoever for a period of 7 business days from the date on which Buyer executes this Contract, If Buyer elects to cancel 183 within the period provided, all funds or other property paid by Buyerwitl be refunded without penalty or obligation within 20 184 days of the receipt of the notice of cancellation by the developer. 7$6 7. RISK OF LOSS; EMINENT" DOMAIN: If an portion of the Property is materially damaged b casual q before closing, or Seller 1o6 negotiates with a governmental authority to transfer ail or part of the Property In Ileu cf eminent do sin proceedings, organ in eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may tante( this Contract by written iso notice to the otherwithin 10 days front Buyer's receipt ofSeiler's notlfication, failing which Buyer will close In accordance with 184 this Contract and receive all payments made�by the government authority or insurance company, if any. .19pTITLE: 141 e. TITLE: Seller will convey marketable title to the Property by statutory warrar � *deed or trustee, somal representative or iv guardian deed as appropriate to seller's status. "a (a) Title Evidence: Title evidence will show legat access to the Property and m rketable title of reco d in selfer in accordance 144 with current tit€e standards adopted by the Florida Bar, subject on! to the foTwing title exceptio, none of which prevent 145• Buyer's s' f Intended use of the Property aele III : covenants, easements and restrictions of 746 record; matters of plat; existing zoning and government regulations; oll, gas and mineral rights of record If there #s no right of 147 entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seiler will dfschalrge at or before closing. 148 Seiler will deliver to Buyer Seller's choice of one of the following types of title evidence, which must be generally accepted 194 in the county where the Property Is located (specify In Paragraph 5(c) the selected type). Seller will use option (1)1a Palm 200 Beach County and option (2) in Mlamf-Dade County. tot (1) A title insurance commitment issued by a Florida -licensed title insurer in the amount of the p rchase price and subjer t saa only to title exceptions set forth In this Contract and delivered no later than 2 days before Ciosing bate. zoo (2) An existing abstract of title from a reputable and existing abstract firm (if firm Is not existing, then abstract must be 204 certified as correct by an existing firm) purporting to be an accurate synopsis of the instrurnIs affecting title to the las Property recorded in the public records of the county where the Property is located and certified td Effective Date. However if such an abstract Is not available to seller, then a prior owner's title policy acceptable to the prfoposed €usurer as a base 207 for relssuance of coverage. Seller will pay for copies of all policy exceptions and an update In a ftmat acceptable to �_... ' Buyer'sclosing agent from the policy effective date and certified to Buyer or Buyer's closing agen , together with coples of 49 ail documents recited In the prior policy and to the update. If a prior policy Is not available to Sellr r then (i) above will be 210 the title evidence. Tftle evidence Will be -delivered no later than 10 days before Ciosing Date. 211 (b) Title Examfnatlon: Buyer will examine the title evidence and deliver written notice to Seiler, within 5 days from receipt of 212 t€tie evidence but no Fater than Closing Date, Of any defects that make the title unmarketable. Seller will have 30 days from 213 receipt of Buyer's notice of defects ( Curative Period') to cure the'defects at Seller's expense. If 50 lie) cures the defects within 214 the.Curative Period, Seller will deliver written notice to Buyer and the parties will close the transatioh on Closing Date or z1s within 10 days From Buyer's receipt of Seller's notice if Closing bate has passed, ifseller is unable tc cure the defeetswithin 216 the Curative Period, Seller wi€i deifver written notice to boyar and Buyer will, withinrto days from receipt of Seller's notice, 217 either cancel this Contractor accept title with existing defects and close the transaction. era (c) Survey: Buyermay, prior fo Closing Date and at Buyer's expense, have the Propertysurveyed an deliver written to ale Seller, within 5 days from receipt of sun'ey but no later than 5 days prior to closing, of any encroac ments on the Property, 2ze encroachments by the Property's impr6vemens on other lands or deed restriction or zoninb violations. Any such 221 encroachment or violation will be treateclAn the same manner as a title defect and Buyers and Sejier's obligations will be M detgrmined Inaccordancewith subparagraph (t7) above. W V).Coastal Construction Control Line: If any part of the Property lies seaward of the coastal corntraction control line as 224 defined In Section 161.053 of the Florida Statutes, Seiler shall provide Buyer with an affidavit or survey as requkn;d bylaw 226 dellnE:ating the 11ne's location on the Property, unless Buyer waives this requirement In writing. The party being purchased 226 may be subject to costal erosion and to federal, state, or local regulations that govern coastatproperty, including dekineatian 227 of the coastal On' struction control Tina, rlgid coastal protection structures, beach nourishment, and the protection of marine zee turtles. Additional information can be obtained from the Flurida Department of Environmental Protection, Including whether 224 there aresignificant erosion conditions assactatedwith the shoreline of the Property being purchased. 2so• [] Buyer waives the right to receive a CCU affidavit or survey. ear MISCELLANEOUS 2a2 9. EFFECTIVE -DATE; TIME; FORCE MAJELIRi 2_� (a) Effective pate; The 'Effective Date' of this Contract is the date on which the fast of the parties initials of signs arid delivers 2aa findioffer orminteroffer. Time Isofthe essencefor all provisions ofthis Contract. I ass (b)'Time: Alt dine periods expressed as clays will be computed In business days (a •business days is every eaieridar day 236 excep turday, Stinday and national legal holidays). if any deadline falls on a Saturday, Sunday or national legal �237' 13rryer and Seller �� (_^] acknowledge receipt of a copy of this page, which is Page 4 of 7 Pages. � VAC-9•�20Q3FloridaAssoclaUonoft;ew,lpt�llURigMsResened i sQnzra o2sas2.00013e @63�o Packet Page -3�4- I form. 6/24/2014 14.B.1. 238 holiday, performance will be due the next business day. All time periods will end at 5:00 P.M. local tl? a (meaning In the county 239 where the Property is located) of the appropriate day. 240 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under thl Contract or be liable to 241 each other for damages so tong as the performance or non-performance of the obligation is delayed, caused or prevented 242 by'an act of God or force majeure. An !*act of God" or •force majeure• is defined as hurricanes, earthquakes, floods, fire, 243 uhususf-transportatlon delays, wars, Insurrections and any other cause not reasonably within the control of the Buyer or 244 Seller and which by the.exerclse of due diligence the non-performing party is unable in whole or in part to prevent or 245 overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) forlthe period that the force 246 majeure or act of God Is in place. In the event that such 'act of God, or 'force majeure' event continues beyond the 30 247 days In this sub -paragraph, either party may cancel the Contract by delivering written noticeo the other and Buyer's 248 deposit shall be refunded. 249 10. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, Pei" e onhl delivery or electronic 250 media. Buyer's failure to deliver timely written notice to Seiler, when such notice is required bythis Contract, regarding 251 any contingencies will render that contingency null and void and the Contract will be construed as If the contingency did 252 not exist. Any notice, document or item delivered to or received by an attorney or licensee jincluding a transaction 253 broker) representing a party will be as effective as if delivered to or by that party. 254 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Selle, Except for brokerage 255 agreements, no prior or present agreements will bind Buyer, Seiler or Broker unless incorporlated Into this Contract. 266 Modifications of this Contract will.not be binding unless In writing, signed or initialed and delivered by the party to be bound. This 257 Contract, signatures, Initials, documents referenced In this Contract, counterparts and written modlfications communicated 258 electronically or on paper will be acceptable for all purposes, including delivery; and will be binding. Handwritten or typewritten 2s9 terms inserted in or attached:to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes Invalid 260 or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Seller will use dillgence and good faith In 261 performing all obligations under this Contract. This Contract will not be recorded in any public records. 262 12. ASSIGNABILITY; PERSONS BOUND: buyer may not assign this Contract without Seller's wr�tten consent. The terms 263 'Buyer,, ' Seller," and 'Broker may be singular or plural. This Contract is binding on the heirs, administr tors, executors, personal 264 representatives and assigns (if permitted) of Buyer, Seller and Broker. 265 DEFAULT AND DISPUTE RESOLUTION 266 13. DEFAULT: (a) Seller Default: if for any reason other than failure of Seller to make Seller's title marketable after diligent 267 effort, Seller falls, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without 268 waiving the right to seek damages or to seek specific performance as per Paragraph 14. Seiler will also be liable to Broker for the 269 full ambunt of the brokerage fee, (b) BuyenDefault: If Buyer falls to perform this Contract within theltime specified, including 270 timely payment of all deposits, Seller may choose to retain and collect all deposits paid• and agreed to be paid as liquidated 271 damages or to seek specific performance as per Paragraph 14 ; and Broker will, upon demand, receive 50% of all deposits paid 272 and agreed tb be paid (to be split equally among Brokers) up to the cull amount of the brokerage fee. 273 14: DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claip s, and other matters in 274 question arising out of or relating to this transaction orthis Contract or its breach will be settled as follows, zr (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seiler will have 30 days from 276 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that falls, Escrow Agent wilt 277 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida (court or the Florida Reat 278 Estate Commission ('FREC'). Buyer and Seller will be bound by any resulting award, judgment or or ler. A broker's obligation 279 under Chapter 475, FS and the FREC rules to timely notify -the FREC of an escrow dispute and timely resolve the escrow 280 dispute through mediation, arbitration, interpleader, or an escrow disbursement order, if the brokerso chooses, applies only 281 to brokers and does not apply to title companles, attorneys or other escrow companies. l 282 (b) All'other disputes: Buyer and Seller:wiil have 30 days from the date a dispute arises between th m to attempt to resolve M .the matter through mediation, falling which the parties will resolve the dispute through neutral bidding arbitration in the 284 county where the Property Is located. The arbitrator may not after the Contract terms or award any remedy not provided for M in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact and the 286 contractual authority on which It fs based. If the parties agree to use discovery, it will be in accordance with the Florida Rules 287 of Civil Procedure and the arbitrator will resolve all discovery -related disputes. Any disputes with a reel estate licensee named 288 in Paragraph 17 will be submitted to arbltratlon only If the licensee's broker consents in writing to become a party to the 289 proceeding. This clause will survive closiHg. 290 • (c) Mediation and Ar6lfration; Expenses: •Mediation' is a process In which parties, attempt to resolve a dispute by 291 submittlhg it to -an impart'lal mediator who facilitates the resolution of the dispute but who is tmt empowered to Impose a 292 settlement bn the parties. Mediation willlbe in accordance with the rules of the American Arbitratio_r Association ('AAA-) or 293 other'mediator agreed on by the parties.`The parties will equally divide the mediation fee, if any. 'Arbitration' is a process In 294 which the parties resolve a dispute by a hearing before a neutral person who decides the matte( and whose decision is 295 binding on the parties. Arbitration will be'in accordance with the rules of the AAA or other arbitrator agreed on by the parties. 295 Each party to any arbitration will pay Its; own fees, costs and expenses, ihciuding attorneys` fees, a(nd will equally split the 297 arbitrators' fees and administrative fees of arbitration. Ih a civil action to enforce an arbitration awarcd, the prevailing party to 298 the ar tion shall be entitled to recover. from the nonprevailing party reasonable attorneys' fees, costs and expenses, 1 294` Buyers ( j and Seiler t ( ;_j acknowledge receipt of a copy of this page, which Is Pa e 5 of 7 Pages. 02U07 floiida Associiition orREALTo s� Ail Rights Reserved Sethi 035337.00009"".&386370 Packet Page -315- f0m'sit+�x �T 5/24/2014 14.B.1. 30o ESMOW AGED rAw BROKER F 15. MflawACENT: Buyer• acid Seiler arithorizeEscrow Agent to receive, deposit and hold funds and other items In escrow 3 arid; spbject to •clearance, dfsburse them.lrpon proper authorization and in aecor'darice with Florida aw and the terms of this soa t6h?ract, lncludlr g als6ursIn4-brokerage fees. The. parties agree that Escrow Agent will not be Ifabte io ny.person for Misdefivery 04 or`escrotive¢ itert;s tn'•F}uy.�rjor Seller, unldss the misdelivery is due to Escrow Agent's Wilful bras of this Contrsr t or gross 3D5 �egligenee: IFESCI`¢W Agent'interpieads the bj*ect matter of the escrow, F_scresw'AgentwM pay the fijl g fees and costs from the sos deposit and will mcoverreasbr bra attorn'eys' fees and casts to be paid from the escrowed furldsarec ufwafent and charged and 3o7 awarded as court costs In favbrofthe prevailing par-ty.'Alt claims against Escrow Agent wifi be aiblttat , so long as BorowAgent 3oa consentstoarblirafe. 309 16: PROFESSIONAL ADVICE`- BROKER LfAfhLITY: Bmkeradvises Buyer and Seiler to verify all facts and rgptesentatfons that are 310 Important to them and to cansult an approprlate professional for Iegal advice (fur example, Inte ' g contracts, determining 311 the effect of laws art the property aha transaction, status of title, foreign Investor reporting require ts, the effect of property 312 lying partially 1 i•totellyseaward of the Coastal Construction Control Line, etC.) and fvr tax, property oori tion, emilronmenlA and 313 other specialized advice 8ciyer ackntrwlerlpes that Broker does not reside In thte Property and.tha all representations (oral, 314 wfitten. or otherwise) Ity Broker are Based rrn Seller representations or public records. Buyer agr ' t'o rely solely on Seiler, 315 �ffeC� on ll Inspec tors and government agennies for•verlficatidh afthe property conciftlool e d facts•that Materially p rty value. Buydr and Setter re'spectivefy will pay all costs and expenses. Including re- able attorneys' fees at all 317 levels, incurred by Broker and Brokers officers, directors,-atc� ants and employees In connectfon'WIt 'arising from Bl yeft or a,s 5eger's ml5state!'rtent Or fdUure to petiorrr! Con#racitral ohflgatipps. Buyer and Seller hold harmle§s and release Broker and 319 Brokers officers, directors, agents and erraplayees fs'oni all liability for loss or damage based cr.' (1) Buyer's or Sellers 22D inlsxtatemen't or failure to perform contractual o6llgations; (a) •Brokers perforihance, at Buyer's and r'S+sller's request, of any m task-beyorld the scope of services regulated by Chapter 475, F.5., as amended, including grrrfcer's r�f, rral, recommendation or m. retention of any vendor; (3) products or se�lcesprovlded by any vendor, and (4) expenses incurred $ any vendor. Buyer and •m seller each assurhe 1611 responsibility for sdlecting land compensating their respective vendors. Thisiparagraph will not relieve 324 Broker of statutory obligations. For purpo-%'F of this paragraph, Broker will be treated as a party to the Contract This paragraph 325 WIII survive dlosirng. i ata 17. BROKERS: The licensee s' ars- brokera�e(s) named below are collectively referred to as 113roicer lnstructlon to closing nT Agettt:'seller•aild Buyer direct closing agerit to disburse at closing the full amount of the brokerage ides as speciiiecl In separate ata brokerage agregments with the parties and cooperative agreements between the brokers, excep io the wdent Braker has n? retained such fees from tale escx owed funds f In the absence of such brokerage agreements, closing ag t will disburse brokerage 330 Bees as Indicated below, Th[S paragraph will not be used to rnodlfy any MLS or other otter of comp e tition made by Seller' or 331 listing broker to cooperating brokers. TF r i ,.. 3'a2• Debra Sforza C , ate' SerirngSafesA�snGatelLrcens•No. SI.3C1SQt67 SbrGggFLrn/Wakemp rYofAu�hssai oej $°/ rc#test Nee • sl �• John Fi•$urton ; Premiere flus folio 335' L7VngSa1&sAs=1aiKkr_wNo. BK3027864 lW1ngF1mllB &mgefa&Oar oofftebase tire] 3%F'UrchaSePrice ale ADDITIONALTERMS ' ssr 18_ADII[T10NALTFRMS: 116. 334• Buyer' ob octans u�i er t > its Cnnt~ract are canti u enc u on tete~ L.oca.l 34v Use A r0ro'a1.s described i31. the attached Exhibit A becaggAg ftn,al and non 342• 343• 344' 345, 346• 34r - 34a` 334' 36o' 351' 352' 353' 3W ass' 356• 357^ does not occur to cancel. to qct Seiler (_ J L.: -J acknMedge receipt of a copy of thls psge,whlch is P � e 6 of 7 Pages. VA ; ;4i0J figU7F�Odda4ssociaoao`R�t10 RIIRIghlsResaNed s�;s;r'a;siyaossssas5src Packet Page -36- �'---- J � famfSIMPIsc.1 E."V Y� 376 This Is intended to be a legally binding contract. if not fully understood, seek the advice of an 377 OFFER AND ACCEPTANCE 37a' (Check If applicable: n Buyer received a written real property disclosure statement from Seller 379 Buyer offers to purchase the Property on'the above terms and conditions. Unless this Contract 36o- copy delivered to Buyer no later than ❑ a.m. ❑ p.m. on 381 revoked and Buyer's deposit Wunded subject to clearance of funds. 382 1 COUNTEROFFER/ REJECTION 383• ❑ Seller counters Buyers offer (to accept the counteroffer, Buyer must signor Initial the counter 304 copyofthe adcepfance to Seller. Unless otherwise stated, the time for acceptance of any countei 3es'the'iiate1he6ountredrisdelivered. ❑Seller rejects Bu . 386• Date: / // Buyer: 38T Print name: /ii'zf T .> * --g 1 See• Date: 389• Phone:-- 390- hone:`390• 'Fax: 391• E-mail 392' Date: 393' Buyer::_„_ Print name: Address: ' Seller: Print name: pe Date: Seller 39s' Phone: Print name: 396• Fax: Address: — 397' E -mall• 6/24/2014 14.B.1. prior to signing. More making this Offer.) signed by Seller and a this offer will be J terms and deliver a shall be 2 days from 398' 1 Effective Date: (rhe date ori which the last party signed or initialed and delivered the final offer or counteroffer.) 399' Bu�Ormlrhlsstandardlzed (_,_} and Seiler (, ( • )acknowledge receipt of a copy of this page, which is Pa Theon of REuroas and local 8oard/Association of Rfapeai make no representation as to the legal validity or adequacy of any pr IraformshouldnotbeUsedIncomptextransactionsorwtthextensiveridersoraddittons.ThisrormkavailableforusebyI not intended to Identify the user as a itmyoa. REAM is a regiitemd collective membership mark that may be used only by real estate tioenaees AsiociailonOfRruroasandWhosubsaibetotlsCodectEthlcs. i fie copyright laws of the UnitedStates (17 U-& Code) forbid the unauthorized reproduction orblank Wins byanymeansIncluding hcsimiteorcompul VAG9 Rev. 4/07 0 2007 Florida Association of Rfluxoasfi''All RightsResefved se�avruss3s7-0oo�a9.s3s037o � packet Page -317- ^ ^ 7 of 7 Pages, cion of this form In any spedlic entire real estate industry and is W are members of the National red forms.- . . . 359' 360' 361' 362' 363' 364- 365' 366' 367' 368' 369' 370' 371' 372' 373' 374' 375' 376 This Is intended to be a legally binding contract. if not fully understood, seek the advice of an 377 OFFER AND ACCEPTANCE 37a' (Check If applicable: n Buyer received a written real property disclosure statement from Seller 379 Buyer offers to purchase the Property on'the above terms and conditions. Unless this Contract 36o- copy delivered to Buyer no later than ❑ a.m. ❑ p.m. on 381 revoked and Buyer's deposit Wunded subject to clearance of funds. 382 1 COUNTEROFFER/ REJECTION 383• ❑ Seller counters Buyers offer (to accept the counteroffer, Buyer must signor Initial the counter 304 copyofthe adcepfance to Seller. Unless otherwise stated, the time for acceptance of any countei 3es'the'iiate1he6ountredrisdelivered. ❑Seller rejects Bu . 386• Date: / // Buyer: 38T Print name: /ii'zf T .> * --g 1 See• Date: 389• Phone:-- 390- hone:`390• 'Fax: 391• E-mail 392' Date: 393' Buyer::_„_ Print name: Address: ' Seller: Print name: pe Date: Seller 39s' Phone: Print name: 396• Fax: Address: — 397' E -mall• 6/24/2014 14.B.1. prior to signing. More making this Offer.) signed by Seller and a this offer will be J terms and deliver a shall be 2 days from 398' 1 Effective Date: (rhe date ori which the last party signed or initialed and delivered the final offer or counteroffer.) 399' Bu�Ormlrhlsstandardlzed (_,_} and Seiler (, ( • )acknowledge receipt of a copy of this page, which is Pa Theon of REuroas and local 8oard/Association of Rfapeai make no representation as to the legal validity or adequacy of any pr IraformshouldnotbeUsedIncomptextransactionsorwtthextensiveridersoraddittons.ThisrormkavailableforusebyI not intended to Identify the user as a itmyoa. REAM is a regiitemd collective membership mark that may be used only by real estate tioenaees AsiociailonOfRruroasandWhosubsaibetotlsCodectEthlcs. i fie copyright laws of the UnitedStates (17 U-& Code) forbid the unauthorized reproduction orblank Wins byanymeansIncluding hcsimiteorcompul VAG9 Rev. 4/07 0 2007 Florida Association of Rfluxoasfi''All RightsResefved se�avruss3s7-0oo�a9.s3s037o � packet Page -317- ^ ^ 7 of 7 Pages, cion of this form In any spedlic entire real estate industry and is W are members of the National red forms.- . . . 0/24/2014 14. B.1. Exhibit A Local Land Use Approvals Maximum Allowable Building Height, Density and Intensity, and Allowable Uses: Building Height: not to exceed 112 feet zoned height Uses: Permitted Uses and Maximum Allowable Density and Intensity: 1) Up to .60 Floor Area Ratio (FAR) for senior housing (162,000 square feet) and up to 26 units per acre of hotel rooms, 162 rooms with all Permitted C-4 uses, including personal services, retail, restaurant and office, to the maximum extent that can be supported by the required parking and other limiting site design elements. Or, 2) Up to 74 residential dwelling units and either senior housing at an FAR of .60 based on entire site acreage (6.2 acres), or Hotel at 26 Units per acre based on entire site acreage, plus all Permitted G4 uses, inclu7i"n-g—pe—rsonal services, retail, restaurant and o IC to the Maximum extent that Gan be supported by required parking and other limiting site design elements. 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L �; - � ���j` y� � �rlti1� y#'. - .'�• �" -r`•i�n.. } a• COLLIER COUNTY GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT Project/Petition #PL20160003084/CPSS-2016-3 (ADOPTION HEARINGS) [Companion to PUDZ-PL20160003054] CCPC: FEBRUARY 15, 2018 BCC: MARCH 27, 2018 PROJECT LOCATION Lu DAVIS 18LVD t - ti "N CCPC: FEBRUARY 15, 2018 BCC: MARCH 27, 2018 TABLE OF CONTENTS 2016 - Cycle 3 GMP "Small Scale" Growth Management Plan Amendment CCPC Adoption Hearings February 15, 2018 1) TAB: Adoption Staff Report 2) TAB: Ordinance 3) TAB: Legal Advertising DOCUMENTS: CCPC Staff Report. PL20160003084/CP-2016-3 DOCUMENTS: Adoption Ordinance with Exhibit "A" text (and/or maps): PL20160003084/CP-2016-3 DOCUMENT: CCPC Advertisement 4) TAB: Project/Petition DOCUMENT: PL20160003084/CP-2016-3 Co'ilie' r Co-Knty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: February 15, 2018 RE: PETITION PL20160003084/CPSS-2016-03, SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to PUDZ- PL20160003054) ELEMENT: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT/OWNER(S): Applicant: Jerry Starkey, Manager Real Estate Partners International, LLC 1415 Panther Avenue Naples, FL 34109 Agents: Robert J. Mulhere, F.A.I.C.P. Holes Montes, Inc. 950 Encore Way Naples, FL 34110 Agents: Richard C. Grant, Esquire Grant Fridkin Pearson, P.A. 5551 Ridgewood Drive, Suite 501 Naples, FL 34108 Owner: GEOGRAPHIC LOCATION: Collier County CRA 3301 Tamiami Trail East Naples, FL 34112 The subject property, a ±5.35 -acre site made up of six parcels, is located on the south side of Davis Blvd. (SR 84), the north side of Tamiami Trail East (US 41), approximately 500 feet east from the intersection of those two roads, and 300 feet west of Commercial Drive, in Section 11, Township 50 South, Range 25 East. (East Naples Planning Community). Zonin.- Division • 2800 North Horseshoe Drive • Naples, FL 34104 9 239-252-2400 Page 1 of 16 REQUESTED ACTION: The applicant proposes a small-scale Growth Management Plan amendment to the Future Land Use Element (FLUE), specifically to create a new Subdistrict, the Mini Triangle Mixed Use Subdistrict; amend the text; and create a new map for this Subdistrict, "Mini Triangle Mixed Use Subdistrict" in the Future Land Use Map series, which will identify the newly created Subdistrict, affecting fewer than ten (10) acres, by: 1) Amending Policy 1.5 Urban — Mixed Use District to add the Mini Triangle Mixed Use Subdistrict; 2) Amending Urban Designation provisions to add the new Subdistrict name where various Subdistricts that allow residential and non-residential uses are listed; 3) Amending the Urban — Mixed Use District to add the new Subdistrict provisions; 4) Amending the Bayshore/Gateway Triangle Redevelopment Overlay text to allow higher densities, intensities, and uses within the new Subdistrict area j 5) Adding the title of the new Subdistrict map to the itemized Future Land Use Map Series listing; and 6) Amending the Future Land Use Map to depict the new Subdistrict, adding a new Future Land Use Map Series inset map that depicts the new Subdistrict. The Subdistrict language proposed by this amendment is found in Ordinance Exhibit "A". Zoning Division 9 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 2 of 16 PURPOSE/DESCRIPTION OF PROJECT: The petition is to amend the Future Land Use Element of the Growth Management Plan to establish a new Subdistrict to allow 210 multi -family dwelling units, 152 hotel suites/rooms, in addition to a maximum of 74,000 square feet of retail, restaurant, movie theatre (multiplex), bowling center and physical fitness facilities and personal services, and 60,000 square feet of professional or medical office uses. Through a conversion formula, other uses allowed are Assisted Living Facility (150 units maximum), 60,000 square feet of indoor self -storage, and 30,000 square feet of new car dealership. Also, through conversion, a maximum of 400 DUs is allowed or 200,000 square feet of commercial uses. And a minimum of 50 dwelling units (DUs) and 30,000 square feet combined of retail, restaurant, office, or other allowable commercial uses are required. A companion petition [PL20160003054] will rezone this property from C-4-GTMUD-MXD to Mini Triangle MPUD-GTMUD-MXD. The zoning action will implement the Mini Triangle Mixed Use Subdistrict. STAFF ANALYSIS: SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subiect Prooerty: The Future Land Use designation of the subject site is Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict; Coastal High Hazard Area (CHHA) Overlay; Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) and within the "mini triangle" of that Overlay as shown on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP) (the mini triangle encompasses lands bounded by Davis Blvd., Tamiami Trail East, and Commercial Drive). The Bays ho re/G ateway Triangle Redevelopment Overlay in the FLUE allows for a mix of residential and commercial uses, but it is limited to C-1 through C-3, plus hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies — which include allowing development per the existing zoning. The +5.35 acre subject site is zoned C-4-GTMUD-MXD (General Commercial, Gateway Triangle Mixed Use District — Mixed Use Subdistrict) allowing uses from the Commercial Professional and General Office District (C-1), Commercial Convenience District (C-2), Commercial Intermediate District (C-3), and General Commercial District (C-4) zoning districts, OR the site could be developed as mixed use as provided for in GTMUD-MXD Zoning Overlay (residential uses and select commercial uses from the C-1 through C-3 Districts). The project site's current C-4 zoning allows only for commercial uses, no residential. Surrounding Lands: North: The FLUM designates land located north of the subject property, across Davis Blvd. (SR 84), Urban Mixed Use District, Urban Residential Subdistrict. This area is zoned C-4-GTMUD-MXD and is developed with retail, restaurant, and hotel uses. Further to the north, lands are designated Urban Residential Subdistrict and zoned RSF-4, Residential Single Family 4 dwelling units per acre. This northern area is developed with a small marina and single-family homes. Lands lying across Davis Blvd. (SR84) Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 3 of 16 to the northwest of the project site are within the City of Naples and developed with a restaurant and a hotel. South: Immediately adjacent to the south and southwest (across Tamiami Trail East (US 41), lands are within the City of Naples and developed with Naples Bay Club, a private club. To the southeast across Tamiami Trail East (US 41) lands are designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict and zoned C-4-GTMUD-MXD. To the southeast along US 41 (across from the project site), lands are mostly undeveloped. Lands further to the south are designated Urban Coastal Fringe Subdistrict and zoned RSF-3, Residential Single Family 3 dwelling units per acre. This land is developed with single family homes. West: Immediately adjacent to the west, lands are mostly undeveloped and designated Urban Mixed Use District, Urban Residential Subdistrict and zoned C-4-GTMUD-MXD. The applicant and agent currently hold a pre -approval letter for a site development plan for a hotel development. The zoned height is 112 feet (the maximum zoned height allowed in the GTMUD-MXD for the mini triangle area) with an actual height of 131 feet 6 inches. Further to the west is Tamiami Trail (US 41), and the Gordon River Bridge with commercial development along the corridor, all within the City of Naples. East: Immediately adjacent to the east, lands are designated Urban Mixed Use District, Urban Residential Subdistrict, zoned C-4-GTMUD-MXD and C-S-GTMUD-MXD (Heavy Commercial), and developed with Budget Car and Truck Rentals and several unoccupied commercial businesses until east of Commercial Drive. East of Commercial Drive is a mix of retail uses. In summary, the existing and planned land uses, and current zoning in the area immediately surrounding the subject property are a mix of Commercial developments with intensities as great as C-4 and C-5, as well as low density residential uses. Background and Considerations: The subject site is located within that portion of the B/GTRO designated as the "mini triangle" catalyst project site. The intent is for this mini triangle to be redeveloped — it is at the gateway (entrance) into the B/GTRO when leaving the City of Naples on Tamiami Trail East — with hopes that it will be the catalyst for further redevelopment in the Overlay. The FLUE encourages mixed use developments. FLUE Policy 7.5 states, "The County shall encourage mixed use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This Policy shall be implemented through provisions in specific Subdistricts in this Growth Management Plan." The FLUE goes on to say, "The Urban Mixed Use District is intended to accommodate a variety of residential and non- residential land uses, including mixed-use developments such as Planned Unit Developments." Although this Subdistrict is not located within a Mixed Use Activity Center, it proposes many of the same characteristics (will allow both residential and commercial retail/office uses; is located on, and near an intersection of, two arterial roadways; and provides an interconnection with one abutting project (future hotel project to the west of the project site at the tip of the "mini triangle"). Also, this Subdistrict is located proximate to major employment centers and goods and services located along the Davis Blvd. (SR 84) and Tamiami Trail (US 41) corridors. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 4 of 16 This petition proposes the creation of the Mini Triangle Mixed Use Subdistrict. The project site lies within the "mini triangle" area of the Bayshore/Gateway Triangle Redevelopment Overlay. The Future Land Use Element (FLUE) states that the Bays h o re/Gateway Triangle Redevelopment Overlay (B/GTRO), depicted on the Future Land Use Map (FLUM), is within the boundaries of the Bays ho re/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The total area comprises approximately 1,800 acres currently developed with a wide range of residential and commercial uses. The intent of the redevelopment program is to encourage the revitalization of the Bays ho re/G ateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. The Community Redevelopment Agency (CRA) for the Bayshore/Gateway area was created by the Collier County Board of County Commissioners (March 2000) to address deteriorating physical and economic conditions that were prevailing within Bays h o re/Gateway Triangle area at that time. The objective of the CRA is to foster redevelopment and create a sense of place, primarily through private investment. The applicant as contract purchaser, proposes to create a Mixed Use Subdistrict to allow residential development in the Subdistrict in addition to the previously allowed C-4 General Commercial development. In the companion zoning petition, it states that additional potential uses could be developed only through the application of a Land Use Conversion Matrix and could include a maximum of 150 assisted living facility units, a maximum of 60,000 square feet of indoor air-conditioned passenger vehicle and self -storage, a maximum of 30,000 square feet of new car dealership, and any other comparable principal uses. The proposed companion MPUD (Mixed Use Planned Unit Development) Document, Exhibit A: List of Permitted Uses, contains a table that may be used to convert from one allowable use to another so long as the uses do not exceed the maximum total daily trips of 875 two-way PM peak hour unadjusted trips. To ensure that this development remains mixed use in nature, a minimum of 50 multi -family residential uses and a combination of 30,000 square feet of retail, restaurant, office, or other allowable commercial uses must be developed, regardless of any conversion allowances. Converted uses may result in an increase in the maximum units, square footages, and/or densities stated in the Principal Uses. Because this companion MPUD proposes allowing the conversion of one land use to another, the actual mix of uses that will be constructed in this project will be determined by the developer, subject to the limitations and restrictions included in the Subdistrict and MPUD. The MPUD will implement the Subdistrict. Submitted Documentation: Synopsis of supporting documentation submitted for the GMPA includes: Environmental Report: Prepared by Collier Environmental Consultants, Inc. (no date), included soil analysis, Florida Land Use and Cover Classification System (FLUCCS Code) map and Vegetation Inventory, and photos of the site. Conclusion of report stated, "These parcels have NO listed Species, Native Habitat or other environmental issues." Traffic Impact Statement: Gateway Mini Triangle: Prepared by Trebilcock Consulting Solutions, PA., last revision was dated 3-29-17. The land uses considered in this report (for the GMPA) included only the maximum uses being requested of 210 multi -family dwelling units, 150 hotel rooms, 74,000 square feet of retail and personal services, and 60,000 square feet of office. The companion PUDZ contained the land use conversion matrix and associated traffic impacts. The traffic impact for the Mini Triangle Mixed Use Subdistrict is limited to a maximum of 875 two-way P.M. peak hour unadjusted trips, with or without using the conversion matrix. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 5 of 16 Ten Principles for Rebuilding Neighborhood Retail: Published by Urban Land Institute in 2003. This publication examines the impact of declining neighborhood retail within urban neighborhoods and communities and the challenges of rebuilding. It states that conveniently available goods and services is a key factor that people consider when choosing a place to live. Blending of older retail and new redevelopment that is realistically market-based to achieve long-term sustainability along with planning principles was also discussed. Smart Growth and Economic Success: Investing in Infill Development: Published by United States Environmental Protection Agency and dated February 2014. It states that infill projects are being successfully developed all over the country; the trend is more people will choose to live in infill locations, especially as they age; and, costs and time of developing can be higher, but there is an increasing demand. Higher -Density Development: Myth and Fact: Published by Urban Land Institute and dated 2005. It states that America's changing population is creating demand for new types of homes, offices and retail outlets; and, most land use professionals and community leaders now agree that creating communities with a mix of densities, housing types, and uses could be the antidote to sprawl when implemented regionally. It also explains higher density facts vs. myth. Density: This petition proposes a residential component allowing 210 multi -family dwelling units or up to 400 DUs through the conversion ratio proposed in the MPUD. The Urban Residential Subdistrict allows residential uses at a base density of 4 dwelling units per acre (DU/A); however, the B/GTRO allows up to 12 DU/A for mixed use projects to encourage redevelopment within this overlay. The "mini triangle" is identified in the B/GTRO as a catalyst project for spurring redevelopment with greate allowing for greater flexibility in site design and development standards. The 210 multi -family dwelling units calculates to a density of approximately 39 DU/A (210 DUs = 5.35 A = 39.25 DU/A). The petitioner states that in order to have a viable redevelopment project, this greater density is needed and the CRAAdvisory Board supports this request. The companion zoning petition includes a Land Use Conversion Matrix that would allow the developer land use flexibility to increase one land use while decreasing another use. The developer could apply the Land Use Conversion Matrix to develop a total of 400 multi -family dwelling units; this would calculate to a density of approximately 75 DU/A (400 DUs _ 5.35 A = 74.77 DU/A). The 152 hotel suites translate to a density of 28 units per acre (152 Units _ 5.35 A = 28.41 units/acre). Should the developer apply the Land Use Conversion Matrix to develop a total of 200 hotel units, this would translate to a density of 37 units per acre (200 Units _ 5.35 A = 37.38 units/acre). Hei ht: The proposed Subdistrict text includes an exception to the provisions of the Land Development Code (LDC) in regards to building height (LDC Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area). The C-4-GTMUD-MXD allows for a maximum zoned height of 56 feet and 112 feet for a Mixed Use Project (MUP). A building's actual height is often greater than its zoned height. The applicant is requesting to rezone the property, in part, to achieve taller building heights than what is currently allowed under the C-4-GTMUD-MXD. The MPUD proposes a maximum zoned height of 160 feet and an actual height of 168 feet. The MPUD's requested zoned height is approximately 48 feet taller or 42.9 percent greater than what is allowed in the C-4-GTMUD-MXD. The proposed height is 168 feet Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 9 239-252-2400 Page 6 of 16 from Mean Sea Level, per the zoning petition. A Federal Aviation Administration letter of `No Hazard' was included in the petition packet. Compatibility: There is a wide range of uses in the area surrounding the Subdistrict. They range from C-1 through C-5 uses along both Davis Blvd. (SR 84) and Tamiami Trail East (US 41) to single family homes further to the north and south. The FLUE encourages development to transition from higher intensities to lower intensities. Use intensities often diminish as development moves away from arterial roadways. Compatibility can be more specifically addressed at time of zoning, and may include building height and size limitations, setback and buffer requirements, etc., as well as use limitations and restrictions. Development Scenarios Table: Uses and Development Permitted by FLUE Permitted by Existing Standards (B/GTRO) Zoning Petition Request C-4-GTM U D-MXD Land Uses Proposed/Permitted Height Proposed/Permitted Residential Density Traffic Impacts - Limitations none 12 DU/A in mixed use development none All permitted uses in C-4 General Commercial Zoning District OR residential and limited ommercial (generally C-1 through C-3) uses per GTMUD-MXD Overlay Non Mixed Use Project: Actual — 56 feet; Mixed Use Project: Actual —112 feet None — residential -only is not allowed by C-4 OR 12 DU/A in mixed use development per GTMUD- MXD Overlay Determined at time of SDP Mixed Use with residential, retail, restaurant, office, personal service; with land use conversions would also allow Assisted Living Facility, air-conditioned passenger car and self storage, and new car dealership. General square feet limitation only (74,000 square feet for total retail or 60,000 square feet for total office) with a maximum of 200,000 square feet, via conversion, for a combination of retail, office, personal service, restaurant, or movie theater uses; Hotel at 28 units / acre (152 units) or 37units/acre (200 units, via conversion) Actual - 168 feet above Mean Sea Level; Zoned — 160 feet Maximum 39 DU/A (210 DUs) unless MPUD conversion matrix is applied and then maximum is 75 DU/A (400 DUs) Maximum trip generation of 875 two-way peak PM una Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 7 of 16 Mix of residential and commercial uses (limited to C-1 through C-3) plus hotel/motel use (0.60 FAR); theatrical producers (except motion picture), bands, orchestras, and entertainers, with some individual uses limited in square feet; OR uses allowed by existing C-4 zoning. none 12 DU/A in mixed use development none All permitted uses in C-4 General Commercial Zoning District OR residential and limited ommercial (generally C-1 through C-3) uses per GTMUD-MXD Overlay Non Mixed Use Project: Actual — 56 feet; Mixed Use Project: Actual —112 feet None — residential -only is not allowed by C-4 OR 12 DU/A in mixed use development per GTMUD- MXD Overlay Determined at time of SDP Mixed Use with residential, retail, restaurant, office, personal service; with land use conversions would also allow Assisted Living Facility, air-conditioned passenger car and self storage, and new car dealership. General square feet limitation only (74,000 square feet for total retail or 60,000 square feet for total office) with a maximum of 200,000 square feet, via conversion, for a combination of retail, office, personal service, restaurant, or movie theater uses; Hotel at 28 units / acre (152 units) or 37units/acre (200 units, via conversion) Actual - 168 feet above Mean Sea Level; Zoned — 160 feet Maximum 39 DU/A (210 DUs) unless MPUD conversion matrix is applied and then maximum is 75 DU/A (400 DUs) Maximum trip generation of 875 two-way peak PM una Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 7 of 16 Justifications for Proposed Amendment: The petitioner states, "Over the past several years, there has been rising interest in redevelopment within the CRA and several significant improvements have already occurred or are in the planning stages. These include streetscape and pedestrian and bicycle pathway enhancements, street lighting, crime reduction, fagade improvements, and of course the beautiful Botanical Gardens." The applicant's justification for the requested amendment is that development of a "catalyst" project that, with a mix of commercial and residential uses, will create a certain "synergy" of activity and sense of place, and that such a development will be a catalyst for future investment in the greater Triangle redevelopment area. The petitioner states that "in terms of design and development standards, including but not limited to lot coverage, building setbacks, building heights, access, frontage, density and size, floor area, site design, building orientation is absolutely necessary to address the unique nature of redevelopment and to create an interest on the part of private investors despite the increased market risk." The Bays ho re/Gateway Triangle Redevelopment Plan identified the high density/intensity mixed use "mini triangle" project as the type of project, serving as a catalyst, that would encourage additional private investments in the area. The location of the Mini Triangle Mixed Use Subdistrict will produce projects with high visibility, as it serves as a gateway between Collier County and the City of Naples incorporated area and the city's main business center. The subject site is located at the intersection of two arterial roadways, Davis Blvd. (SR 84) and Tamiami Trail East (US 41). This Subdistrict location is within 5 miles of high employment centers such as NCH downtown, multiple shopping areas (including Coastland Center), Naples High School, and many other employment locations. With easy access to two arterial roadways and commuting times and distances potentially reduced, this location can be attractive to prospective residents in the Subdistrict. This project location is also well situated for a mixed use development offering new employment opportunities as well as goods and services being readily available to surrounding residential developments and the proposed residential development within the Subdistrict. Identification and Analysis of the Pertinent GMPA Criteria in 2017 Florida Statutes Chapter 163.3187: The process for adoption of small-scale comprehensive plan amendment requires (in part) the following statutory standards be met, [followed by staff analysis in bracketed text]. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 5.35 acre property.] (b) The cumulative annual effect of the acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [To date, no small scale GMP amendment has been adopted in calendar year 2018] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly -related text changes.] Zoning Division 9 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 8 of 16 (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained between and among elements if the amendment is approved.] In addition, Chapter 163, F.S., Section 163.3177(6)(a)3.g. requires the Future Land Use Element to include "criteria to be used to provide for the compatibility of adjacent land uses". Such criteri are typically expressed through measures of allowed use intensities and densities, developmen standards (bu_iId inj heights, setbacks, landscape buffers, etc.), building mass, building locatio and orientation, architectural features, amount and type of open space and location, traffi generation/attraction, etc. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a GMP amendment, then present and defend as necessary, that data and analysis. Refer to application Attachment "B", Mini Triangle Subdistrict, Justification & Supplemental Information, Updated Version Dated September 25, 2017. Environmental Impacts and Historical and Archaeological Impacts: The Environmental Planning Section, Summer Araque, Principal Environmental Specialist, reviewed and recommended approval of the petition in February 2017. This project is urban redevelopment and the site currently does not include any Preserve. The site consists of six (6) parcels that have been previously cleared and developed. According to the Environmental Report that was submitted with this petition, the parcels consist of warehouses, office buildings, and paved parking and offer no environmental function. These parcels have no listed species, native habitat or other environmental issues. The project site is void of vegetation other than a few remnant landscaping plants and some invasive exotics. No historical or archaeological impacts were addressed in this application. This site is previously cleared. Public Facilities Impacts: Eric Fey, Senior Project Manager with Collier County Public Utilities Engineering & Project Management Division, completed his review and recommended approval of this petition in January 2018 with one informational comment: "Approval of this petition should not be construed as a service commitment nor as representation that capacity is or will be available in the downstream wastewater collection/transmission system without necessary improvements by the developer." Transportation Impacts: Michael Sawyer, Project Manager with Collier County Transportation Planning, completed his review and recommended approval of this petition in January 2018. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 9 239-252-2400 Page 9 of 16 A Neighborhood Information Meeting (NIM), as required by Land Development Code (LDC) Section 10.03.05 A, was duly advertised, noticed, and held on October 18, 2017, 5:30 p.m. at The Club at Naples Bay Resort (the Cypress Ballroom), 1800 Tamiami Trail East, Naples, FL 34102. This NIM was advertised, noticed, and held jointly for this small scale GMP amendment and the companion Planned Unit Development Rezone (PUDZ) petition. The applicant's team gave a PowerPoint presentation and then responded to questions. A total of approximately 20-25 members of the public, along with approximately 8 members of the applicant's team and County staff, attended the NIM. Commissioners Penny Taylor and Donna Fiala also attended. The consultant discussed the purpose of the project and the site's existing conditions. He explained the application was for a mixed use development on the 5.35 acre site that included: • Maximum project generated vehicle trips capped at 875 two-way PM peak hour unadjusted trips • Minimum of 50 multi -family dwelling units (DUs) with a maximum of 400 multi -family DUs; • Maximum of 200 hotel units • Minimum of 30,000 and maximum of 200,000 square feet of a combination of two or more of the following uses: retail, restaurant, office, any other allowable commercial uses. The Consultant provided a conceptual site plan as well as architectural renderings of the project site. The public asked many questions about the project details. Concerns raised included: • Height: A citizen asked what a 160 -foot building looks like, how many stories? The Consultant informed him that it would be approximately 15 — 16 stories. • Height: Why doesn't the permitted maximum height of 112 feet work for this project (given the close proximity to the Naples Airport), especially since the Trio Hotel project next to the west of the project site used the permitted maximum? The developer stated that he met with the Airport and they determined the height was acceptable. The developer mentioned that there has been an existing 196 -foot tall telecommunication tower on the site for years. He also mentioned the Federal Aviation Administration (FAA) had issued a no -hazard letter rendering on the project site. • Traffic Impact: Questions about the ingresses and egresses to the project. Also questions about pedestrians, parking, impact on adjoining roads (Davis Blvd. and Tamiami Trail East), and traffic signalization for the ingress/egress for site. The meeting ended at approximately 6:10 p.m. [synopsis prepared by Sue Faulkner, Principal Planner, Comprehensive Planning Section] FINDING AND CONCLUSIONS: There are no adverse environmental impacts as a result of this petition. No historic or archaeological sites are affected by this amendment. Transportation -related questions/concerns were brought forward by a few citizens at the Neighborhood Information Meeting; however, Transportation Planning has recommended approval of this project and there will be a maximum of 875 two-way PM peak hour unadjusted trips for this project. The Consultant has stated that with current zoning built out, more than 875 PM peak trips would be generated. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 10 of 16 • Several citizens at the Neighborhood Information Meeting voiced concern/questions about the proposed 168 -foot building height; however there has been a 196 -foot telecommunications tower on the site for years. A "no -hazard" letter from the FAA is part of the petition packet. There is no maximum height specified in this petition; that detail is included in the companion rezone petition. • The uses are generally compatible with surrounding development. • The Mini Triangle site, located at a major intersection and proximate to residential development and commercial development, has been identified and approved by the CRA as a catalyst project area which includes mixed use and high density. • The CRA Advisory Board recommended approval of this project. • The CRA Board, by virtue of its contract with the petitioner, has conceptually approved of the general scope of this project. • Staff accepts the petitioner's assertion that the greater densities and intensities requested are necessary for the project to be viable. This Staff Report was reviewed by the County Attorney's Office on January 31, 2018. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(0 and 163.3177(6)(a)2 and 163.3177(6)(x)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20160003084/CPSS-2016-3 to the Board of County Commissioners with a recommendation to approve and for transmittal to the Florida Department of Economic Opportunity, subject to the following non -substantive edits (needed for proper format, etc.): [Single underline/stFike threug# = Petitioner's proposed text; Double underline/strikerte = Staff's recommended edits [REMAINDER OF PAGE INTENTIONALLY BLANK] Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 11 of 16 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Mixed Use Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of this Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plano (approved on June 13, 2000 by Resolution 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a Catalyst Project (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Prosect and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to provide for this greater intensity, density, and flexibility, the Mini Triangle Subdistrict shall be rezoned to MPUD. All uses allowed within the Gateway Triangle Mixed Use Overlay District Mixed Use Subdistrict (GTMUD-MXD) shall be allowed within this Subdistrict subject to the intensity and density limitations identified in paragraphs Aa. through Fif., below. To ensure a mixed use development, a minimum of 50 multi -family dwelling units and 30,000 square feet of two or more of the following commercial uses shall be developed: professional office, retail, restaurant and personal services. The PUD shall establish a date, timeframe, or condition by which the minimum 50 multi -family dwelling units and 30,000 square feet of commercial development shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access, sewer and water lines and facilities, steFmwate. facilities, surface parking, landscaping, signage, and fence or walls. Aa. 210 multi -family residential units are allowed by right within this Subdistrict. 8b. 152 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) are allowed by right within this Subdistrict. Gc.74,000 square feet of the following uses, as specifically permitted by right or a" by conditional uses in the CA General Commercial District, are allowed by right within this Subdistrict: 1. Retail; 2. Restaurant; 3. Movie Theatre (multiplex), bowling center and physical fitness facilities; and 4. Personal services. [Bullet points replaced with numerals] Od.60.000 sauare feet of professional or medical office uses are permitted by riaht within this Subdistrict. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 12 of 16 &e. The followinq additional commercial uses are allowed only if the uses listed in paragraphs Aa. through Qd. above, are converted to an additional use using a conversion formula in accordance with paragraph Ef. below. 1. Assisted Living Facilities (ALF) - not to exceed 150 units and a maximum floor area ratio of 0.45; and, 2. Indoor Air-conditioned passenger vehicle and self storage, not to exceed 60,000 square feet (SIC Code 42252); and, 3. New Car Dealership, not to exceed 30,000 square feet (SIC Code 55110; and, 4. Any other principal use which is comparable in nature with the forgoinglist of permitted principal uses [Bullet points replaced with numerals] Ff. The densities and intensities identified for specific uses in Paraqraphs Aa. through fid. above may be increased through application of conversion formulas to be established during the MPUD rezone, subject to the following minimum and maximum limitations listed below. Any increase in density or square footage identified in Paragraphs Aa. through 9d. above by using a conversion formula will result in a corresponding reduction of dwelling units and/or hotel suites/rooms and/or retail and/or office square footage, and additionally: 1. In no case shall the maximum total daily trip generation in the Subdistrict exceed 875 two-way PM peak hour unadjusted trips; 2. In no case shall the maximum number of dwelling units for the proiect exceed 400; 3. In no case shall the maximum number of hotel rooms for the proiect exceed 200; 4. In no case shall the maximum combination of retail, office, personal service, restaurant, and movie theater uses - in the Subdistrict exceed 200,000 square feet; 5. To ensure that the development is mixed use in nature, a minimum of 50 multi- family residential uses and a minimum combination of 30,000 square feet of two or more of the following shall be developed: retail, restaurant, professional office, � and personal services;_ [Bullet points replaced with numerals] Ga. Development within this Subdistrict shall be subiect to the Drovisions of LDC Section 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height, which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 13 of 16 B. DENSITY RATING SYSTEM 1. The Density Rating System is applied in the following manner: *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Mini Triangle Mixed Use Subdistrict. 9) The Bays hore/Gateway Triangle Redevelopment Overlay. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activitv Center Maps Properties Consistent by Policy 5.915.11. 5.12, 5.13. 5.14) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve — Conservation Designation Map Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 14 of 16 Lely Mitigation Park — Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed -Use Subdistrict Map Buckley Mixed -Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map () Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis — Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map [REMAINDER OF PAGE INTENTIONALLY BLANK] Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 9 239-252-2400 Page 15 of 16 PREPARED BY: A -X-t'r r� t., 0-al—c—Te SUE FAULKNER, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION REVIEWED BY: L4 Lt) '�-- DAVID WEEKS, AICP, GROWTH MANAGEMENT MANAGER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION MICHAEL BOSI, AICP, DIRECTOR ZONING DIVISION APPROVED BY: MES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Petition Number: PL20160003084/CPSS-2016-3 Staff Report for February 15, 2018 CPCC meeting DATE:/ _�2 / '%g DATE: /— i DATE: 2-t- I e DATE: _-Z--/"/ NOTE: This petition has been scheduled for the March 27, 2018 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, CHAIRMAN Zoning Division o 2800 North Horseshoe Drive o Naples, FL 34104 o 239-252-2400 Page 16 of 16 ORDINANCE NO. 2018 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE MINI -TRIANGLE SUBDISTRICT TO ALLOW CONSTRUCTION OF UP TO 210 RESIDENTIAL DWELLING UNITS, 152 HOTEL SUITES, UP TO 74,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL RETAIL USES AND UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL OFFICE USES, ALL WITH CONVERSIONS; PROVIDING FOR MAXIMUM HEIGHT OF 168 FEET. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20160003084/CPSS- 2016-3] WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Real Estate Partners International, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Mini -Triangle Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and [16 -CMP -00975/1388043/1195 1 of 3 PL20160003084/CPSS-2016-3 — Mini -Triangle SSGMPA 1/11/18 Words underlined are added, words stmok through have been deleted. WHEREAS, the Collier County Planning Commission (CCPC) on February 15, 2018 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. 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 shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [16 -CMP -00975/1388043/1] 95 PL20160003084/CPSS-2016-3 — Mini -Triangle SSGMPA 1/11/18 Words underlined are added, words stmsk-threugh have been deleted. 2 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2018. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko, Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ANDY SOLIS, Chairman Attachment: Exhibit A — Proposed Text Amendment & Map Amendment [16 -CMP -00975/1388043/1] 95 PL20160003084/CPSS-2016-3 — Mini -Triangle SSGMPA 1/11/18 Words underlined are added, words stfuek through have been deleted. 3 of 3 EXHIBIT "A" PROPOSED GMPA AMENDMENT LANGUAGE Proposed Small Scale Amendments to the Collier County Future Land Use Element (FLUE) Related to 5.35 Acres Located within the "Mini Triangle" Portion of the Bayshore/Gateway Triangle Redevelopment Overlay Amend the FLUE DESCRIPTION SECTION, Section I, URBAN DESIGNATION, Subsection A. Urban Mixed Use District, Page 49, as follows: 19. Mini Triangle Mixed Use Subdistrict I. Purpose and Intent: The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gatewa Triangle Redevelopment Overlay of this GMP. The purpose and intent of the 5.35 acre site specific Mixed Use Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Ba sy hore Gateway Triangle Redevelopment Plan' In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept" The intent of the Plan related specifically to the Mini Triangle area is to create a Catalyst Project (or projects) that will foster the revitalization of the surrounding Gateway Triangle area In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan this Subdistrict provides for greater intensi1y, density, and flexibility in applicable Site Design and Development Standards. In order to provide for this greater intensity, density, and flexibility the Mini Triangle Subdistrict shall be rezoned to MPUD. II. Allowable Uses and Restrictions: All uses allowed within the Gateway Triangle Mixed Use Overlay District Mixed Use Subdistrict (GTMUD-MXD) shall be allowed within this Subdistrict subject to the intensity and density limitations identified in paragraphs A. through F. below. To ensure a mixed use development a minimum of 50 multi -family dwelling units and 30,000 square feet of two or more of the following commercial uses shall be developed: professional office retail restaurant and personal services The PUD shall establish a date timeframe or condition by which the minimum 50 multi -family dwelling units and 30,000 square feet of commercial development shall be constructed. This date timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto nor the installation of any site related infrastructure or other site improvements depicted thereon including but not limited to site access, sewer and water lines and facilities stromwater facilities surface parking landscaping, siege, and fence or walls. A. 210 multi -family residential units are allowed by right within this Subdistrict B. 152 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) are allowed by right within this Subdistrict. 'Bayshore/Gateway Redevelopment Plan, approved on June 13, 2000 by Resolution 2000-181 Underlined text proposed to be added; stmele threagh text proposed to be deleted. Page I H:\2016\2016052\WP\GMPA\I-24-2018\Exhibit A Proposed GMPA Language (0 1 -24-2018).doex C. 74,000 square feet of the following uses as specifically permitted by right or as a conditional uses in the C-4, General Commercial District, are allowed by right within this Subdistrict: • Retail; • Restaurant, • Movie Theatre (multiplex) bowling center and physical fitness facilities,• and • Personal services. D. 60,000 square feet of professional or medical office uses are permitted by right within this Subdistrict E. The following additional commercial uses are allowed only if the uses listed in paragraphs A through D. above, are converted to an additional use using a conversion formula in accordance with paragraph F below. • Assisted Living Facilities (ALF) — not to exceed _ 150 units and a maximum floor area ratio of 0.45, and, • Indoor Air-conditioned passenger vehicle and self storage not to exceed 60,000 square feet (SIC Code 4225'); and, • New Car Dealership, not to exceed 30,000 square feet (SiC Code 55112)• and • Any other principal use which is comparable in nature with the forgoing list of permitted principal uses F. The densities and intensities identified for specific uses_ in Paragraphs A. through D. above may be increased through application of conversion formulas to be established during the MPUD rezone subject to the following minimum and maximum limitations listed below. Any increase in densily or square footage identified in Paragraphs A. through D. above by using a conversion formula will result in a corresponding reduction of dwellingunits and/or hotel suites/rooms and/or retail and/or office square footage, and additionally • In no case shall the maximum total daily trip generation for the project exceed 875 two-way PM peak hour unadjusted trips, • In no case shall the maximum number of dwelling units for the project exceed 400• • In no case shall the maximum number of hotel rooms for the project exceed 200, • In no case shall the maximum combination of retail office personal service restaurant movie theater uses for the project exceed 200,000 square feet,• • To ensure that the development is mixed use in nature, a minimum of 50 multi -family residential uses and a minimum combination of 30,000 square feet of two or more of the following shall be developed: retail, restaurant, professional office, or personal services; G. Development within this Subdistrict shall be subject to the provisions of LDC Section 4 02 16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area as applicable, except in the case of building height which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. 2 1987 Standard Industrial Classification (SIC) Manual, Executive Office of the President Office of Management and Budget Underlined text proposed to be_added; straelethreugh text proposed to be deleted. Page 2 H:\2016\2016052\WP\GMPA\i-24-2018\Exhibit A Proposed GMPA Language (0 1 -24-2018).doex Amend the FLUE, B. DENSITY RATING SYSTEM, Le., Pages 50 and 51, as follows: e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element, 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict, 8) The Bayshore/Gateway Triangle Redevelopment Overlay, 9_i The Mini Triangle Mixed Use Subdistrict. Amend the FLUE, V. OVERLAYS AND SPECIAL FEATURES, F. Bayshore/Gateway Triangle Redevelopment Overlay, Pages 139-141, as follows: F. Bayshore/Gateway Triangle Redevelopment Overlay. The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County ommissloners on June I Ji MUM I he intent or the reClevelopment program is to encourage the it revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities MaL Will promote tMe assernMly o? property, or m ventures Setween property owners, w l e providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: I . Mixed -Use Development: A Mmix of residential and comn mercial uses ais permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses, except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The Underlined text proposed to be_added; etedsk-threug# text proposed to be deleted. Page 3 H:\2016\2016052\WP\GMPA\1-24-2018\Exhibit A Proposed GMPA Language (01-24-2018).docx intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings or in Parkin structures that may be below, at, or aboverg ade, with the buildings oriented closer to the major roadways to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below, or atm exeept as may be limited by a zoning overlay, or as provided within the Mini Triangle Subdistrict. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water -dependent and water -related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport -Pulling Road may be allowed a maximum density of 12 residential units per acre, via use of the density bonus pool identified in paragraph 11; except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will,terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in paragraph no. 8, below, except for mixed—use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63)_ 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, except as may be limited by a future zoning overlay. Properties located within the Mini Triangle Subdistrict are exemlt from this paragraph. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport - Pulling Road (west side only) or US 41 East, may be allowed to redevelop as a residential - only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11. except that no project may utilize more than 97 units — 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. -In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. Underlined text proposed to bk added; stmek-thFough text proposed to be deleted. Page 4 H:\2016\2016052\WP\GMPA\1-24-2018\Exhibit A Proposed GMPA Language (0 1 -24-2018).doex c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. 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. Properties located in the Mini Triangle Subdistrict are exempt from the aboverroovisions (paragraph 5). 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre as provided for in paragraph no. 4 above, or as otherwise permitted within Mini Triangle Subdistrict, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, or in the case of the Mini Triangle Subdistrict mixed use projects may utilize the design standards set forth in the Mini Triangle Subdistrict and its implementing_MPUD zoning. 9. For density bonuses provided for in paragraphs nos. 4 and 5 above, base density shall be per the underlying zoning district. The maximum density of 12 or 8 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 maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 10. Only the affordable -workforce housing density bonus, as provided in the Density Rating System, and the density provided for within the Mini Triangle Subdistrict:4 are allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System, except as provided for within the Mini Triangle Subdistrict. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical Underlined text proposed to be_added; laugh text proposed to be deleted. Page 5 H:\2016\2016052\WP\GMPA\1-24-2018\Exhibit A Proposed GMPA Language (0 1 -24-2018).doex gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Proiects within T the "mini triangle" eatal-ystpfajest-is are not sweet required to utilize this density bonus pool. 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Future Land Use Map Activity Center Index Map (XV) Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.9, 5.10, 5.11, 5.12) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map (XIII) Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve — Conservation Designation Map Lely Mitigation Park — Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed -Use Subdistrict Map Buckley Mixed -Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map (XXX) Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill'Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis — Radio Commercial Subdistrict Map Mini Triangle Mixed Use Subdistrict Map Underlined text proposed to be added; stwele t#edgh text proposed to be deleted. Page 6 H:\2016\2016052\WP\GMPA\l-24-2018\Exhibit A Proposed GMPA Language (01-24-2018).doex 4 Collier County COLLIER COUNTY GOVERNMENT 2$00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net (239) 252-2400 Pre -Application Meeting Notes Petitit Type: _ Date a d Time: Assigned [fanner: � t� Is.0 Engineering Manager (for PPL's and FP's): Project Information Project Name: lCt-- lN.-S PL #• Property ID #: Current Zon Project Address: Ttb __ City: Applicant Agent Name: Phone: C'?Tmvii - State: Zip: Agent/Firm Address'. City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: 3,4 •r. — ii. Proposed # of Residential Units; iii. Proposed Commercial Square Footage: 4'eol-Ir� iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: �� CO 8Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www,colliergov.net (239) 252-2400 meeting dotes _%�1/�1�7TM RiT t rr*omftj Pr A- b2- ( 1�' - — eisjG1e5 'gA;t e -D Q u EA4. TYTE-`i c> ((- t' , Lj ArkrTfvt;er-J v w K,ter-4-r1,_ T',cl - 5 l Tom" Cf � �•st^S -�, S t � - M k - effdK -(-[" - 47 ' (At T ) o IS E•' �cc K4 jq eFr�h-L I AJ Cs, '_.±, o z. lL-., E. a,oz_lrc r. � N- &jc' ZAC-6- r4t- ir- P'00 U ,4)p -`L {y`:Fa `J �`.i L•�S c11 �'i� •U(2,tel \v nn 1- _j/�R.sti1'x�J./r�l7.t'� U,-1 ... / /-t ,r'e_bu,re�r7� �� i p��C tt ,'Yv,s.•lC y �� /��—tl� U ' ,r J C!-�_ 1.. �_, <_/ ( -4! L, / 4-// '•LCT l J f i, `- L) l % U {' 1 SCG ZCC1 C_J J A/ a �4j l r !�%� .1/ ) iL� {t.'7 , . M VIS:' T f i4'1..1 _(c D 0 T' cr." o �..tr' Zi_._r/.y1.1 �1 %�'"4Li (�'�•"I r Coiber County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes (� to _ : • ' �a 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 NU - miNN IT "40 ow WNIF ,i rklxTpr �W'W-dw rlter • V T-0 A .• l + LMcaA1_mLAAA, - lftjuh5i UE Exa+:C ,vote DEMI-MAR -p-, 0. I✓J's colper County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.ne (239) 252-2400 Meeting Notes C '2r Pre -Application Meeting Utilities Review Checklist/Notes (City Wotet- / CoU11ty .Sewer') o Provide Adequate Public Facilities Letter from City of Naples Utilities. o Who will own and maintain the onsite sanitary sewer system? County Property Owner (Associatio Note on plans. — o Documentation of existing private pump station capacity required? YeC/ o Wastewater system capacity report required? Yes / No Cv"�,_ o Zoned PUD, so $1,000 utility modeling fee applies? Yes No! o Grease trap required for food prep. Ye / No o Oil separator required for floor drains in a vehicle maintenance center, bod_ hop, machine shop, vehicle storage facility, or facility that utilizes petroleum based products? Yes No . o FDEP permit required for sewer? Yes / No Tlf Required for construction or modification of any collection/transmission system. Exceptions include replacement of existing facilities at same capacity and location as well as construction of any individual service connection from a single building to a gravity collection system. o Outstanding Final Acceptance Obligations? Yes / o o Common mistakes: F14 C ✓ Use for sewage flow. ✓ Use latest details (revised 1/1/2015) and include all that apply. ✓ Reference UO 9.4.2.2 rather than listing required inspections, or list verbatim. ✓ Pump station sites must account for PUB and vegetative screening. ✓ Pressure mains must be setback 7.5' min. from BOC, drainage structures, and trees. ✓ Separation distances are measured out -to -out. ✓ Setbacks are measured to the centerline of the pipe. o Clarification: ✓ Cost estimate may exclude grease traps and oil separators, which are permitted and inspected separately. NOTES CAT county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www. coil iereov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL#• Z©(Lvoo '64,o ( Collier County Contact Information: Name Review Discipline Phone Email ❑ Chris Alcorn Utility Billing 821-8136 chrisalcorn@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net Steve Baluch, P.E. Transportation Planning 252-2361 StephenBaIuch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net ❑ Rachel Beasley Zoning Services 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing _ 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Dale Fey North Naples Fire 597-3222 dalefey@colliergov.net Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundiach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson, AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Garrett Louviere Stormwater 252-2526 garrettlouviere@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ElJack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanleNawrocki@colliergov.net ❑ Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net ��r Co i'e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov,net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34.04 (239) 252-2400 J Bill Pancake North Naples Fire 597-3222 billpancake@cofliergov.net C Brandi Pollard Utility Impact fees 252-6237 brandipoIlard@coil!ergov.net L] Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov,net LT Brett Rosenbium, P.E. Utility Plan Review 252-2905 252-7517 brettrosenblum@colliergov.net edwinsanchez@colliergov.net ❑ Edwin Sanchez Fire Review ❑ Michael Sawyer Transportation Planning 252.-2926 michaelsaWyer@coiliergov.net F1 Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net chrisscott@colliergov.net PeterShawinsky@colliergov.net Chris Scott, AICP Plannin and Zoning Architectural Review 252-2460 252-8523 _ Peter Shawinsky L Daniel Smith, AICP Zoning Services 252-431.2 daniefsmith@colliergov.net J Ellen Summers Planning and Zoning 252-1032 EIlenSummers@colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 morkstrain@colliergov.net storm Gewirtz Stormwater 252-2434 stormgewirtz@colliergov.net Mark Templeton Landscape 252-2475 252-2962 marktemnletonCq)colliereov.net ❑ Jon Walsh Building Review jonathanwalsh@collfergov.net J David Weeks, AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 i ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name. Reoretentine Phone Email M� do aeC�A ate• oozsn -r W�riCiw� eco lan co _�u+� �+t.I..tqµ� �.�-•1i1 �►i.+i�. 5°t'7•o'91 S�sx�G� Ca+s�LT fly.-��.Ca� �AM+�S I�C.Gvt�{> �4f]GeNvlz .lic. ��� JM `1[U `�rwit141?�.rt �tiG U4b2k `Q�"It�IS� ✓�t.�, jP�b (�1! paj ��f�UG` �1 j1 ■ •y • Home • About Us • Services • Projects • News • Careers • Community_ • Contact Leadership The ability to successfully execute ideas is what separates the dreamers from the doers. Christopher Wright, P.E. CEO I Shareholder ( Professional Engineer Christopher Wright, P.E. is a co-founder and the current CEO of RWA, Inc. With more than 25 years of civil engineering expertise, Wright focuses on infrastructure, utility, transportation, and water resource related projects; as well as municipal -use facilities and master - planned communities. Recognized for his efficient and effective project management [... ] John Williams Project Manager I Vice President I Shareholder With more than 25 years of engineering design experience, John Williams is a member of the Board of Directors who has successfully directed multiple large-scale residential land development and public works projects throughout Southwest Florida. Throughout his career, Williams has had experience dealing with all facets of the [... ] Mike Ward, PSM Director of Surveying I Project Manager Michael A. Ward, P.L.S. has more than 23 years of experience as a Professional Land Surveyor. Ward has extensive experience with boundary surveys, topographic surveys, hydrographic design, rights-of-way, construction layout, platting, condominium documents and project coordination. Ward's notable project experience includes surveying for the Southwest Florida International Airport Expansion, [... ] Patrick Vanasse, AICP Director of Planning I Project Manager Patrick Vanasse, AICP, has more than 13 years of professional planning experience in Florida. He has worked on a wide variety of planning projects including development and redevelopment, comprehensive planning, zoning, community plans, transportation initiatives, and environmental projects. He has a solid understanding of growth management in Florida and [... ] Mike Pappas, P.E. Professional Engineer I Project Manager Mike Pappas is a professional engineer registered in the state of Florida. Pappas has more than 16 years of civil engineering experience in Southwest Florida. Pappas has been involved in the design, permitting, and construction services for several projects. His project experience and technical expertise includes stormwater hydrologic modeling, hydraulic [... ] Dennis Miller, PSM Professional Surveyor I Project Manager Dennis Miller, P.S.M. has 31 years of land surveying, development, and engineering experience. Miller attended ITT Technical Institute for architectural engineering; St. Joseph's College for undergraduate coursework in mathematics and computer training; and Lamson Business College for undergraduate coursework in land surveying. Miller is FDOT Maintenance of Traffic certified. Miller's [... ] Keisha Westbrook, P.E. Professional Engineer / Project Manager Keisha Westbrook has more than 18 years of experience in engineering and works as a Senior Project Manager, serving both RWA's private and public sector clients in Southwest Florida. Westbrook is a graduate of Michigan State University and is a licensed Professional Engineer in the State of Florida, Michigan and [... ] Tim DeVries, PSM Professional Surveyor I Project Manager Tim DeVries joins RWA with more than 11 years of experience in surveying. DeVries will work as a Project Manager for RWA's Naples Office Surveying Division and will oversee the day-to-day survey operations of the office and field crews. With his project management, field, and technical experience, DeVries adds value [... ] © Copyright 2018 RWA Engineering • Home • About Us • News • Careers • Sitemap • Terms • Privacy • Community • Contact Co ler Count y Growth Management Department April 10, 2017 RWA - Tiffany Bray 6610 Willow Park Drive Suite 200 Naples, FL 34109 EMAIL - tbray@consult-rwa.com RE: Site Development Plan PL20160003601 Woodsprings Suites - SDP Application Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The followin,- comments need to be addressed (is noted: Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annismoxam@colliergov.net Phone #: (239) 252-5519 Correction Comment 1: Please add street names Tamiami Trl E and Pine St to the Landscape and Irrigation Plans. Rejected Review: Engineering Stormwater Review Reviewed By: Storm Gewirtz Email: StormGewirtz@colliergov.net Phone #: (239) 252-2434 Correction Comment 1: Provide a copy of SFWMD Permit, permit modification, or waiver. Correction Comment 2: Sheet 6, Section I -I: Please add a slope label to the section between the 5' sidewalk and the property line. Correction Comment 3: Informational: The parking layout/pedestrian access in the lighting plans does not match the layout in the site plans. Correction Comment 4: Sheet 5: Please fix the overlapping labels for the 197 LF 15" RCP and the PIV, 6" Check Valve & FDC. Correction Comment 5: Stormwater Management Report: The land use breakdown in the report does not match the land use summary table on Sheet 4, please revise the plans and/or calculations accordingly. Correction Comment 6: Stormwater Management Report, ICPR Results: The I Oyr — 24hr elevation in the report does not match the elevation in the water management summary on the plans, please revise accordingly. Rejected Review: Fire Review Reviewed By: Thomas Mastroberto Email: ThomasMastroberto@colliergov.net Phone #: (239) 252-7348 Correction Comment 1: There shall be a fire hydrant within 50 ft. of a FDC and on the same side of the roadway with a min of 50 ft. away from bldg. Fire trucks cannot drive by a burning building to reach the fire protection devices. (relocate FDC and fire hydrant to the front entrance area). Correction Comment 2: The maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one (1) and two (2) family areas with building not exceeding 5000 square feet and three (300) feet in all other areas. Hydrant placement shall be started so fire apparatus shall not pass a potential hazard to get to the first hydrant. (Provide fire hydrants around the building). Correction Comment 3: Show location of all underground fire service lines and hydrants on plans. Correction Comment 4: Proposed location of LPG underground tank to close to building required to be a min of 10 ft. from bldg. (relocate as required). Correction Comment 5: The angle of approach and departure for any means of fire district access shall not exceed 1 foot in 20 feet and the design limitations of the fire apparatus of the fire department. (Provide cross section for front entrance drive) Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton@colliergov.net Phone #: (239) 252-2475 Correction Comment 1: Please replace Nora Grant Ixora as the common name for Iris Hexagona with Savanna Iris. Correction Comment 2: 4.06.05 D. Plant materials must meet standards identified in LDC section 4.06.05 D. Clusia guttifera is not native. Clusia Rosea is. Please replace Clusia Guttifera with a species that is native and vouchered in south Florida. Dwarf Fire Bush is not native. Please spec this as Hamelia patens without the cultivar or replace with a native species that is vouchered in south Florida. Correction Comment 3: 4.06.03 B. All Vehicular Use Areas must meet the standards. Please provide a terminal island on the east side of the dumpster for that row of parking. Correction Comment 4: 4.06.05 H.2.b. All Parking lot/pole lighting shall not be located in landscape islands with trees. Correction Comment 5: A minimum of 7.5' of clearance must be provided between trees and water mains. Please shift the trees in the western portion of the north buffer to provide this separation. Rejected Review: Utility Billing Review Reviewed By: Sue Zimmerman Email: SueZimmerman@colliergov.net Phone #: Correction Comment 1: 5.03.04 D. If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet depending on enclosure style. Correction Comment 2: Miscellaneous Corrections: Everything on the location, access, enclosure dimensions are good. The only item being rejected is that the gate opening is 10' on each side instead of the minimum 12'. Please adjust. Rejected Review: Zoning Review Reviewed By: Christopher Scott Email: chrisscott@colliergov.net Phone #: (239) 252-2460 Correction Comment l: On the coversheet, please include the project title; name, address and phone number of owner and agent. Plans shall be identified based on their application type, including reference to previous plan of record project number if submitted as an amendment or insubstantial change. Please clarify owner information provided on the coversheet and the affidavit of authorization. Per the submitted purchase contract, the purchaser is identified as NAVA Land Inc.; however, the coversheet and affidavit are both listed as Gold Coast Premier Properties VII, LLC. It appears both entities have Valencia Registered Services, LLC as the registered agent. Please clarify and/or correct ownership information on the coversheet. Correction Comment 2: Please provide zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right -of way easement. On sheet 4, please correct adjacent zoning designations and also provide adjacent uses. The property south of Grouper Drive should be identified as C-4/GTMUD-MXD as opposed to BMUD Rl, RMF -6. Pleas show zoning/uses for property across Pine Street. Correction Comment 3: Please provide all required and provided setbacks and separations between buildings and structures in matrix form. Please remove rear setback from the setback table. This properly has required front yards adjacent to US41, Pine St and Grouper Dr; all other yards would be considered side yards. Correction Comment 4: Please provide the maximum allowed building height and both the provided actual building height and the provided zoned height as defined in LDC section 1.08.00. In the Project Summary table on Sheet 4, please identify both the provided zoned height and provided actual height. Correction Comment 5: Please provide for projects that include non-residential uses, the total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, assisted'living facilities and the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. Please provide FAR calculations on Sheet 4. The maximum FAR for hotels in C-4 zoning is 0.60. Correction Comment 6: Please provide landscape plans. It appears the 10' Type A buffer does not meet the minimum width on the NE confer of Grouper Drive. When sidewalks are located within the buffer, the buffer needs to be increased by the width of the sidewalk to maintain the minimum width. Correction Comment 7: Please provide parking summary in chart form, indicating the type of uses, total building sq. ft., required parking ratio, number of spaces provided, as well as number of required and provided loading spaces (if applicable) and number of required and provided bicycle spaces (if applicable). Please clarify number of rooms. The parking summary states 123 rooms; however, the architectural floor plans show a total of 122 (26 on Floor 1, 32 on floors 2-4). Rejected Review: Engineering Utilities Review Reviewed By: Brett Rosenblum Email: brettrosenblum@colliergov.net Phone 9: (239) 252-2905 Correction Comment 1: Rev 1 — Per DC 2.1.2, n value in the Maiming's Equation should be 0.013. Also, the inner diameter of a 6 inch PVC SDR 26 pipe should not be more than 6 inch. Please verify the values and revise calculations to ensure minimum velocity of the partial flow is equal or greater than 2 fps as applicable. Correction Comment 2: Rev 1 - In accordance with paragraph 64E-6.013(7), F.A.C., "...one or more grease interceptors are required where grease waste is produced in quantities that could otherwise cause line stoppage or hinder sewage disposal." Since all rooms are going to have a kitchenette, please confirm if this project will require grease interceptors. Correction Comment 3: Rev 1 — Please clarify how the 4.17 peak factor was obtained. If an equivalent population was calculated, please provide calculations. Otherwise, the peak hourly factor for sewer calculations should be 4.5 because this is a commercial use. Correction Comment 4: Rev 1 — Provide confirmation from CCPU that the downstream sewer system is adequate to accommodate the proposed sewer flow. Contact Craig Pajer at craigpajer@colliergov.net or 252-2554. Correction Comment 5: Rev 1 —Replace County details G-4, G-10 and G-11 with City of Naples details. Please add County details WW -10 and WW -11. Rejected Review: Architectural Review Reviewed By: Peter Shawinsky Email: PeterShawinsky@colliergov.net Phone #: (239) 252-8523 Correction Comment 1: Please provide North arrows and orientation reference on all plans. Correction Comment 2: 5.05.08 D.2.b. Design features. The design of primary facades must include, at a minimum, two of the following design features identified in LDC section 5.05.08 D.2.b., one for buildings less than 5,000 sq. ft. Indicate on the plans in graphics and text the proposed design features for the North, South and West facades. Correction Comment 3: 5.05.08 DA.a. Variation in massing. Projections and recesses. Projections and recesses must have a minimum depth of 10 feet. Currently the South fagade does not comply. Please revise. Correction Comment 4: 5.05.08 D.5 Building Design treatments. Each building must have at least 4 of the 23 optional design treatments on each fagade. Minimum 2 of the design treatments for buildings less than 5,000 sq. ft. and identified on the drawings (indicate with graphics and text). Indicate on all facades in graphics and text the proposed design treatments. Correction Comment 5: 5.05.08 D. 13.b Materials and colors. Exterior building colors. The use of color materials or finish paint above level 8 saturation (chroma) or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a fagade or the total roof area. The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. The use of florescent colors is prohibited. Sherwin Williams Paint SW7618 `Deep Sea Dive' and SW3541 `Harbor Mist' are limited colors. If limited colors are proposed, please provide areas of all the limited colors as a percentage of each fagade area to determine compliance with the 10 percent limitation. Correction Comment 6: 5.05.08 D.12.b. Entryway/customer entrance treatment. Single -tenant buildings and developments. Please indicate how the customer entrance patio standards are to be provided. Correction Comment 7: 5.05.08 D.12.c.ii Entryway/customer entrance Entry door on South facade must be set back from a drive or parking area by a minimum distance of 10 feet. Please revise. Correction Comment 8: 5.05.08 F.1 Site design elements Indicate on the plans the required site design element. Correction Comment 9: 5.05.08 F.4.E Service function areas and facilities. Conducts, meters, and vents. Conduits, meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding building surfaces. Conduits and meters cannot be located on the primary facade of the building. Indicate on the plans and elevations the location of this equipment. Correction Comment 10: 5.05.08 F.5. Fences and walls. Fences forward of the primary facade, excluding chain link, wire mesh and wood are permitted under the following conditions: i. Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. Chain link fence are prohibited forward of primary facades and shall be a minimum of 100 feet from a public right-of-way. Please revise. Correction Comment 11: 5.05.08 F.7.c. Lighting. Height standards. Lighting fixtures within the parking lot must be a maximum of 25 feet in height measured from adjacent grade to top of the light fixture including base, pole and light fixture, and 15 feet in height for non -vehicular pedestrian areas. Please revise. Correction Comment 12: 5.05.08 E.5.b.i Hotel/Motel exceptions primary facades The design of primary facades must include windows and other glazed openings covering at least 20 percent of the primary fagade area. Please verify. Correction Continent 13: 4.02.16 D.3.e Bayshore Gateway Triangle Redevelopment Area. -General Architectural Standards. Exterior building color within the cultural district. 1 Sherwin Williams Paint SW7618 `Deep Sea Dive' and SW3541 `Harbor Mist' are limited colors. If limited colors are proposed, please provide areas of all the limited colors as a percentage of each fagade area to determine compliance with the 10 percent limitation. Correction Comment 14: 4.02.16 D.8.c.ii Building type: Commercial, glazing Glazing, consisting of transparent windows and doors, covering a minimum of 30 percent of the length of the first -floor building elevation along the primary street frontage please verify. Correction Comment 15: 4.02.16 D.8.f Elevation details The facades must include, at a minimum, four of the design features listed in the code. Indicate on the plans in graphics and text the proposed design features for the North, South, East and West facades. Correction Comment 16: 4.02.16 D.8.g Massing and scale Please verify compliance. The following comments are informational and/or may include stipulations: When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Please be advised that Sections 10.02.03.11.1, and 10.02.04.13.3.c require that a re -submittal must be made within 270 days of this letter. Stipulations: • This approval does not constitute approval by City of Naples Utilities. A letter of approval from City of Naples Utilities must be submitted prior to scheduling the pre -construction meeting. Stipulations: • All three Parcels need to be combined under one Parcel ID/folio number prior building permits issuance. Stipulations: • 4/10/17 Stipulation: The proposed access easement for public sidewalk for Pine St. and Grouper Dr. will need to be completed and recorded prior to the pre -construction meeting. Provide legal description and sketch of proposed easements to the ROW section (Attn: Kevin Hendricks, 239-252-5844, KEHendricks@colliergov.net). ROW Section will provide standard easement legal language and signature documents. Informational Comments: • 4/10/17 Informational Comment: Based on the Traffic Impact Statement for Wood Springs Suites submitted on 2/24/17, the project is considered a large development (daily trips greater than 600 vehicles per day) for establishing ROW permit fees. 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Mail - RE: Pre App 20180001936 -Mini Triangle (MUP) !RWA Patrick Vanasse <pvanasse@consult-rwa.com> ENGINEERING RE: Pre App 20180001936 -Mini Triangle (MUP) 1 message ScottChris <Chris.Scott@colliercountyfl.gov> Wed, Jun 6, 2018 at 4:23 PM To: Patrick Vanasse <pvanasse@consult-rwa.com>, EstradaMaria <Maria.Estrada@colliercountyfl.gov> Cc: WeeksDavid <David.Weeks@colliercountyfl.gov>, BosiMichael <Michael.Bosi@colliercountyfl.gov>, BellowsRay <Ray.Bellows@colliercountyfl.gov>, AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>, Laura Tefft <Itefft@consult-rwa.com>, McLeanMatthew <Matthew.McLean@colliercountyfl.gov> Patrick: The LDC specifies the submittal/review requirements for Mixed Use Projects (MUPs) in Section 10.02.15 (attached). If there are no deviations or bonus density units being requested, then this will be submitted solely as a SDPA (similar to the original Trio SDP). If deviations or bonus density units are being requested, then it will require both a MUP and SDPA submittal. Since the MUP and the SDPA have different reviewers, I don't believe a formal pre -application meeting is the best venue to answer your questions. This would be better addressed through an informal meeting or a Zoning Verification Letter. I understand that you are hoping to follow the Administrative review process (SDPA) but are unclear as to whether deviations are necessary for your client's project as it relates to: • Hotel Density/Unit restrictions • FAR requirements • Minimum Hotel Room Size requirements 1 am not aware of limitations to hotel density, except as provided in the LDC and GMP, which limit Activity Centers and the RT zoning designation to 26 rooms/acre, but will defer to Zoning and Comp Planning. The FAR requirements for hotels in a C-4 district would not apply to projects in the Bayshore Gateway Triangle, as the development standards of 4.02.16 would supersede the base zoning. The Minimum Floor Area of 700 sf per unit as identified in LDC Section 4.02.16 B.1., Table 7, is applied to individual residential or commercial units and would not apply to individual hotel rooms. Please be advised that the Bayshore Gateway Triangle provisions have specific requirements for what qualifies as a Mixed Use Project. Per LDC Section 4.02.16 C.S., a MUP must include a mix of commercial and residential uses. The LDC furthers the commercial requirement to include "a minimum of 60% of all commercial uses within a MUP shall provide retail, office and/or personal services uses..." Please be sure that the MUP is not solely hotel and residential, but also includes some retail, office and/or service uses. Christopher O. Scott, AICP, LEED-AP Planning Manager- Development Review 239.252.2460 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: Patrick Vanasse [mailto:pvanasse@consult-rwa.com] Sent: Wednesday, June 06, 2018 3:16 PM To: EstradaMaria <Maria.Estrada@colliercountyfl.gov> Cc: WeeksDavid <David.Weeks@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; Ashton Heidi <Heidi.Ashton@colliercountyfl.gov>; ScottChris <Chris.Scott@colliercountyfl.gov>; Laura Tefft <Itefft@consult-rwa.com> Subject: RE: Pre App 20180001936 -Mini Triangle (MUP) HI Maria, We believe that we can go through the MUP and SDP amendment process, but we need to get that confirmed by the staff leadership group. I've already discussed this issue with David Weeks and Ray Bellows and we res ecffull guest that all staff members cied o on this email attend the pre -app meeting in order to obtain consensus on several issues. nism"I RW https://mail.goog le.com/mail/u/0?ik=5006a3g l 5c&view=pt&search=all&permth id=th read-f%3A1602550455812696624%7Cmsg-f%3Al 602556099419... 1/6 9/19/201 8 RWA, Inc. Mail - RE: Pre App 20180001936 -Mini Triangle (MUP) Thank you for your response. As discussed with you over the phone, one of our clients has purchased the mini -triangle Trio property and is very interested in the possibility of locating a hotel with some residential units on this site. In order to make a hotel viable, more rooms are needed. As you can imagine we would prefere, to avoid the public hearing process if at all possible, and simply amend the existing MUP and SDP. Per your response and my review of the LDC, I could not find any regulations that limit the number of hotel rooms at this location. The 26 unit per acre standard seems to be limited to the activity centers and RT district. Moreover, I don't think the FAR associated with C-4 zoning applies when the MUP avenue is taken. My understanding is that the overlay supersedes the base zoning and that the overlay does not contain an FAR in order to provide more flexibility and encourage redevelopment. These are very important questions/issue that we need to confirm as soon as possible. I believe the quickest way to obtain answers is through an official pre - application meeting. As such, Laura from our office is submitting a pre -app request today. We respectfully request that you and/or Mike, Ray and Heidi attend our meeting so we can discuss these issues and ensure we have consensus moving forward. Thank you, From: EstradaMaria Sent: Wednesday, June 06, 2018 12:24 PM To: 'Itefft@consult-rwa.com' <Itefft@consult-rwa.com> Subject: FW Pre App 20180001936 -Mini Triangle (MUP) Hi Laura, Please see email below from Chris. We are trying to determine if you need to Pre -App meetings or just one for the SDPA. Maria From: ScottChris Sent: Wednesday, June 06, 2018 8:26 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov>; EstradaMaria <Maria. Estrada@colliercou ntyfl.gov> Subject: RE: Pre App 20180001936 -Mini Triangle (MUP) A MUP only requires a public hearing if they are requesting deviations or if they are requesting density pool bonus units; otherwise, it is an administrative review processed through the SDP(A) process. Christopher O. Scott, AICP, LEED-AP Planning Manager- Development Review 239.252.2460 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: BellowsRay Sent: Tuesday, June 05, 2018 5:18 PM To: EstradaMaria <Maria. Estrada@colliercou ntyfl.gov> Cc: ScottChris <Chris.Scott@colliercountyfl.gov> Subject: RE: Pre App 20180001936 -Mini Triangle (MUP) Hi Maria, Since the MUP requires a public hearing, two pre -app should be required but one can be held after the other. 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C X 1 N a C)l " 4d4 Avmm I we • II II II II II I II II 4 II pil II II II Al I 11 II II II I Baa ccpc MEETING (LDC AMENDMENT CYCLE 2012-1) i• � DOCUMENTS APRIL 13, 2012 BAYSHORE/GATEWAY TRIANGLE OVERLAY AMENDMENTS For the purposes of clarity and comprehension the Bayshore/Gateway Triangle Overlay regulations have been reorganized from the existing LDC format. The following list provides a brief description and the page number of the substantive changes. The substantive changes are as follows: 1) Addition of Uses to Definition 1.08.02 Pg. 2 2) Addition of galleries, artist's studios, and live work to BMUD Subdistrict 2.03:07 Pg.6 where is FAR 3) Uses added (Live Work, Artist's Village, Community Gardens) 2,03.07 Pg. 10+ mentioned? 4) Uses added (Live Work, Artist's Village, Community Gardens, Lawn & Garden) 2.03.07 Pg. 20+ 5) Single family minimum floor area reduced from 1300 to 1100 sq. ft. BMUD-RI 4.02.18 Pg. 28 6) Single family min floor area reduced from 1300 to 1100 sq.ft. GTMUD 4.02.18 Pg. 35 7) Guest house max area from 570 t0 750, must be new construction 4.02.16 Pg. 43 8) Addition of Artist Village 4.02.16 Pg. 44 9) Addition of Community Garden 4.02.16 Pg. 45 10) Addition of Live -Work Units 4.02.16 Pg. 45 11) Mixed Use Project 30% open space request for deviation 10.03.05 Pg. 50 12) Glazing reduce 35% to 30% & 30% to 25% 4.02.18 Pg. 72 13) Exterior Building Colors deviation language 5.05.08 Pg. 75 14) Awnings deviation language 5.05.08 Pg. 75 15) Buffer and tree spacing changed from no more that 25 on center to 30 4.02.16 Pg. 77 16) Right of way buffers coordinate with streetscape guidelines 4.02.16 Pg. 78 17) Water Management (area may be located in buffer area) 4.02.16 Pg. 82 18) On Street Parking 4.02.16 Pg. 84 19) Addition of Mural Language 5.06.00 Pg. 88 20) Non -Conforming language 2.03.07 Pg. 88-90 21) Mixed Use Project types and Administrative approval 10.02.15 Pg. 91+ + additional pages 1 N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT (GTMUD). 2 This section contains special conditions for the properties in and adjacent to the 3 Gateway Triangle as referenced on GTMUD Map 1; and further identified by the 4 designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map 5 series. 6 7 N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT (GTMUD). This section contains special Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent 8 The purpose and intent of this District is to encourage revitalization of the 9 Gateway Triangle portion of the Bayshore Gateway Triangle Community 10 Redevelopment Area with, pedestrian -oriented, transit -ready interconnected 11 projects that are urban in nature and include a mix of residential types and 12 commercial uses. Development in this District should encourage pedestrian 13 activity through the construction of mixed-use buildings, an interconnected street 14 system, and connections to adjacent neighborhoods. When possible, buildings 15 are located near the street with on street parking and off street parking on the 16 side or in the rear of the parcel. 17 This District is intended to: revitalize the commercial and residential 18 development; promote traditional urban design; encourage on street parking and 19 shared parking facilities; provide appropriate landscaping and buffering; and 20 protect and enhance the Shadowlawn residential neighborhood. 21 22 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 Traditional N hhhd Design (Tnlrr projects. TNDs are t„ninnu, human -scale, pedestrian -oriented, interconnected projects that are urban in nature and include -with a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity throuqh the construction of mixed-use buildings. sum,-asTc-qi'�mcead-GiViG amenities and r .d t'.+I that n neach thRnuses elemet eaoer esidetial sar. ere n_f+c_n InGa�_above comm •+I uses, c hit Gan be v•, ",ate ,arae of,r sidential only with clese interconnected street system, and connections to adjacent neighborhoods i the bas's for the trenspertat'nn network.. When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development; promote traditional urban design: encourage on street parking and shared parking facilities. -,and provide appropriate landscaping and buffering hPtyippn. the „erie„s types ofuses; and protect and enhance the nearby Shadowlawn residential neighborhood. The types of uCes permitted are hetelo retail OffiGe, persenal SeFViGe and residential uses. 16 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Applicability These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. uses, dimensional and developmeRt FequiFernents shall be as Fequ!Fed in b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, including amendments or boundary changes to these PUDs, are not subject to the Gateway Triangle Mixed Use District requirements. b. 9xisting Unit Developments (PUDs) that existed prior to March 3. 2006, including amendments or boundary changes to these PUDs are not subject to the Gateway Triangle Mixed Use District requirements;; h„aw.e„ F, PUD appliGations submitted, and found SUfftieRt, after MarGh 3, 2006 aFe inGluded in the Gateway Triangle Overlay DistFiet and must Gemply with the requirements stated h G. Amendments OF boundaFy GhaAg86 W PUDs that existed prieF to MarGh 3, Feq i .menu. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of Section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County Growth Management Plan. 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 Chapter 4.02.35 of this Code. 17 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.03.07 N.B. Gateway Triangle Mixed Use District (GTMUD) Subdistricts C. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of Section V. F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the Future Land Use Element (FLUEZ of the Collier County Growth Management Plan. 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 4.02.35 of this Code. b. Property owners may establish uses, densities and intensities in accordance with the existing Collier County Land Development Code 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 4.02.35 shall apply. 2.03.07 N.2. Applicability d. Property owners may establish uses, densities and intensities in accordance with the #eilew xisting Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the applicable GTMUD Mixed Use )-Subdistrict of this overlay, through a mixed �e�•-r.o,.� in In either instance, the GTMUD site development standards are applicable to all new development, as provided for in subsection 4.02.35 shall apply 2.03.07 NA.d. of this Code. 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts The Gateway Triangle Mixed Use District consists of the following Subdistricts: Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian -oriented, transit -ready commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for commercial and mixed used developments And higher density residential uses. Developments will be pedestrian - oriented and reflect building patterns of traditional neighborhood design. Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential.an-option to current and future prey owne" eRGOUraging a mixture of low intensity GGrnMeFG!aI and residential uses n these -parcels -with frontage on US 41 the south aide of Davis Revard_ and west of Airpe F -t -P -1i InPnm Included in this District alse. 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. Developments ,,ill he pedeotrinn eriepted and refleGt building patterns of traditional neighbor ems. For mixed , proierts only, subject to the M IP approval process in Sep rvr� mixed 2.03.97.1.3., Yrefer to Tables 1 end 2 fpr permitted Qthenedoe ,—per. .ram permitted aces o in n ordanee with the nde1 ­1rh,inn -> n diotriot11 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. 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is to encourage the continuation and revitalization of development in the Shadowlawn neighborhood. The Subdistrict provides for a variety of a mid „ xture of residential housing types and a limited mix of non-residential uses in a walkable context. b. Use Categories and Table of Uses. All uses permitted in the GTMUD subdistricts have been divided into nine (9) general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. C) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. ii. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC Section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD, and subject to the MUP approval process as outlined in Sec. 10.02.16. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning, However, all projects must comply with site development standards as provided in Section 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The permitted, accessory and conditional uses allowed in the GTMUD- MXD are only forte mixed use projects -G*, subject to the MUP approval process as outlined in Sec. 10.02.15'."'.^'.' Fef8F tO Tables 4.and _2 f-,F-peunitted uses. edul Sev a.re Uses for all other development types must be in accordance with the underlying zoning district. iii. Table of Uses 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B. Dimensional and Design Standards for the GTIVIUD 1. Mixed Use Subdistrict (GTMUD MXD) a. Specific District Provisions: i. Maximum Density: a) Mixed Use Project: 12 units per acre 1) Bonus Density Units, as provided for in 10.02.15 C., must be used to increase density above density allowed by the underlying zoning district, except for Mixed Use Projects in the Mini -Triangle Area, defined by US 41 East, Davis Boulevard and Commercial Drive. b) Residential Projects not part of a Mixed Use Development are limited to the maximum density allowed by the underlying zoning district. 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. Min. Lot Width (ft) House 50 Townhouse' 253 Apartment 100 Mixed-UseCivic & 100 100 100 Min. Front Yard (ft) 10 10 10 6.5 6.5 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 ft) 1,100 1,000 750 per unit 700 per uni700 per unit n/a Min Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 a) Development in the Mini -Triangle Area of the GTMUD — MXD subdistrict shall have a maximum setback of 20 feet 1 See 4.02.16.B.3 regarding Duplexes See 4.02.16.B.3 regarding Two -Family Units 3 Applies to individual unit 38 0 1 2 3 4 b) Mixed Use Projects in the Mini -Triangle Area of the GTMUD — MXD subdistrict have a maximum building height of 112 feet. 39 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict Site development standards for Mixed Use Projects on Davis Boulevard (south side), US Hwy 41, Airport -Pulling Road and Commercial Drive Front streetscape zone for new 16 Feet Measured from back of curb into front yard, which includes construction existing sidewalk area. See GTMUD Figure 1 1. If no curb exists, as on Commercial Drive, the front streetscape zone shall begin a minimum of 6.5 feet from the front property line into the right of way. 2. The front streetscape zone shall also apply to any new buildings or structures in the C-1 through C-3 Zoning Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C-4 and C-5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 4. Steps, and or ramps may encroach into the streetscape zone but no more than 3 feet. Front yard set back Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from the front property line into the property. 1. The front yard setback shall also apply to any new buildings in the C-1 through C-3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C-4 and C-5 zoning classifications are restricted to building setbacks per ing residential 10 feet section 4.02.01 A. Table 2.1. 10 feet minimum Rear yard 3. A minimum 10 foot step -back from the front facade on the first and Waterfront18 25 feet setback second stories is required at the third story and above. Site Development Standards for mixed use projects for other streets Front setback 10 feet 1. The front setback shall also apply to any new buildings in the C-1 through C-3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C-4 and C-5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step -back from the front facade is required at the third floor and above. Side yards -abutt 40 ing residential 10 feet Side yards -all other 10 feet minimum Rear yard 5 feet Waterfront18 25 feet setback 40 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict (continued) Dimensional standards: Minimum floor area 700 square foot gross floor area for each unit, residential and commercial. Minimum building separation 10 Feet Minimum lot area 80,000 Square feet Minimum lot width 400 feet Building footprint A building with commercial use only is limited to a maximum building footprint of 20,000 square feet, except in the "Mini Triangle", defined by US 41 East, Davis Boulevard and Commercial Drive, where the maximum limit is 30,000 square feet Maximum height Commercial use only: Maximum height 42 feet, not to exceed 3 stories of buildings Residential use only: Maximum height 42 feet, not to exceed 3 stories of buildings Mixed-use: Residential on top of commercial uses 56 feet, not to exceed 4 stories Maximum height of buildings 56 feet, not to exceed 4 stories Hotel/Motel Mini Triangle" Mixed Use Project 112 feet, not to exceed 8 stories Maximum height of buildings The maximum building height of properties developed in Maximum height of buildings. conformance with underlying C-4 and C-5 zoning classifications shall be as required by section 4.02.01 A. For these excepted areas, three units per acre, oras may be Table 2. allowed by a rezoning pursuant to the Future Land Use Mixed use building uses Only first two floors can be used for commercial uses Ceiling height The first floor ceiling shall be no less than 12 feet and no development), per the underlying zoning district, or as may more than 18 feet in height from the finished floor to the Element. finished ceiling and shall be limited to commercial uses only Maximum density 1. For a mixed use project, 12 units per acre in the "Mini Triangle," defined by US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use project, 12 units per acre to include all areas of the Mixed Use Subdistrict except: m North side of Davis Boulevard M East side of Airpdi'tdling Road For these excepted areas, three units per acre, oras may be allowed by a rezoning pursuant to the Future Land Use Element. 3. Residential only projects (not part of a mixed use development), per the underlying zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. April 25, 2012 "CCPC/LDC Amendments Special Meeting" TRANSCRIPT OF THE LDC MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida April 25, 2012 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 5:01 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: Heidi Ashton-Cicko, Assistant County Attorney Ray Bellows, Zoning Manager Thomas Eastman, Collier County School Board Page 1 of 27 Mark Strain, Chairman (Absent) Melissa Ahern (Acting Chairwoman) Phillip Brougham Diane Ebert Karen Homiak Bary Klein Paul Midney (Absent) Brad Schiffer Bill Vonier (Absent) AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:01 P.M., WEDNESDAY, APRIL 25, 2012 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MA'T'ERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. NEW BUSINESS A_ LIC Amendment Review N Subsection(s) Description Author/Division 3 _ /D!!�,ate j}�, mfr: F I A ' t 'w3 3 13 V1)J a 8 1 } 301 Essctttfal,S[ tvlees �t�ytattau § `5 1 41 ( i Ray,l3llo�vs'= T 5L 2 3.06.06 A Regulated Wellfields -City of Naples East Golden Gate 11/28/11 Ray Smith Wellfields i3 1i 06.QG `, Regttlattrd 1t�ell eld$ criy Cogs tc c sl '`eldsl t ; l ll 1 IZztY Sett Ili gf )l��s = . 5 4 3.Ofi.06 C Regulated Wellfields - Collier Co Utilities Golden Gate Wellfields 11/28/11 Ray Smith ' 3 O6 06'U `regulated 1'Veilld'-#vrgl�esGYt 1Veleld { 1`I$�Ilt RaFSrllithz {5{, „c# j 6 3.06.06 E Regulated Wellfields - FGUA Golden Gate City Wellfields 11/28/11 Ray Smith d Q6 flGr> k I ggul to W§llfi Ids Qa to T'rg Ws�1 iel s {1 Ji2$t1 k AR�t r�Sip F �§ J _'1 r3v {rs�i{ni S 1�, $IW7 M- i ; 21e I.1 cTtU11 y .3 t.c .-i: ..ia� ,t � 8 3.06.06 G Regulated Wellfields - Inunokalee Wellfields 11/28/11 Ray Smith 77 9 3'O6Obi A�ea�atUt�lt('ztt{ti cds{ i tI 11$!11 # RyStnitit ,; 1; 1 1R'egulatgd+lellfie�ds 10 3.06.06 1 Regulated Wellfields - Add Port ofthe Islands 11/28/11 Ray Smith lI 3,OG fl6 I Reguatc delltgJ�st #kt�tt oElats�andsl3?e lields-11 £IZaySmt�tt� r Y < r 12 3.06.07 Unregulated Wellfields - Remove 1 1/28/1 1 Ray Smith s 13 3 tI6..12 og +� et4r+ for t $ 03122/12�Ray Snh f , i , < 1egplaek € . �ti < 14 1.08.02 Definitions - Hazardous Product 03/21/12 Ray Smith 14 x` 03 07 Cppi Qverl� Dtstrtel (arhoroIQ C x } t ' P8 OTS!(=i }tYs)�o[ Gid#piva .Efi i k$ 1 5. PUBLIC COMMENT ITEM 6. DISCUSSION OF ADDENDA 7. ADJOURN April 25, 2012 "CCPC/LDC Amendments Special Meeting" COMMISSIONER EBERT: I'm going to ask a question because I wrote a note on this, and it said -- when we were going through the other definitions it said on this one to continue to the May 3rd meeting. COMMISSIONER HOMIAK: No, that was the agenda that we had before right here. Not continue. It's on the agenda for tonight, the old one that we had too. It wasn't continued. It's on there. ACTING CHAIRWOMAN AHERN: Do I have a motion to approve? COMMISSIONER SCHIFFER: To approve. COMMISSIONER HOMIAK: Second. ACTING CHAIRWOMAN AHERN: All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER KLEIN: Aye. ACTING CHAIRWOMAN AHERN: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. ACTING CHAIRWOMAN AHERN: Motion approved 6-0. Thank you, Ray. MR. SMITH: Thank you. ACTING CHAIRWOMAN AHERN: And the last item on the agenda tonight is 2.03.07.G, the overlay district for the Bayshore CRA. MS. CILEK: And I'm going to leave you in good bands with my colleague Chris Scott who knows and has worked on this amendment for quite a long time. So thank you. ACTING CHAIRWOMAN AHERN: Great. MR, SCOTT: For the record, my name's Chris Scott with the Growth Management Department. I'm going to -- I'd like to give you a little bit of background about the Bayshore/Gateway, but first I also want to recognize Patrick Vanasse is in the audience, he's with RWA, who assisted in the development or was the main developer of the amendments. And Jean Jourdan with the Gateway Triangle, Bayshore/Gateway Triangle CRA. And if -- I would like her to come up and maybe say some introductory remarks regarding the CRA and where these amendments came from. MS. JOURDAN: Good evening. For the record, Jean Jourdan. I'm project manager with the Bayshore/Gateway Community Redevelopment Agency. Forgot the Triangle. That's a long name. We'rejust used to saying CRA. So if I refer to CRA it is the Bayshore/Gateway Triangle Community Redevelopment Agency. The CRA was established in 2000 and the redevelopment plan was adopted the same year. The LDC amendments before you are consistent with the vision, goals and objectives of the community redevelopment plan and the resolution 2008-60, which created a cultural arts district within the Bayshore/Gateway area. This process has — we've been going through the community vetting process for about four years, getting input on these LDC regulations to see what was working and what wasn't working. We found a lot of things needed to be tweaked, and that's why the amendments are before you now. And the amendments basically is a result of the community and what they were telling us, the problems that they were having as far as trying to get things through the process. Redevelopment. It's really difficult to redevelop in Collier County right now, so we're proposing these amendments to make that a little bit easier. And with that said, I'll turn it back over to Chris. MR, SCOTT: Thank you. Also, I did not realize David Jackson is also in the audience. He's with the Bayshore/Gateway Triangle CRA. As background, let me give you a.little bit personal background. I used to be in the private sector, so I did assist in the development of these, and since then happen to now find myself as a Collier County employee. So I am very familiar with the amendments and what the CRA has been attempting to do. So I am in somewhat of a unique position to answer your questions as you come forward. And of course Patrick Vanasse, who helped develop these is here as well. But in 2009 the CRA retained RWA to do a comprehensive rewrite of the amendments and they were specifically looking to further investment and redevelopment, as Jean mentioned. Some of the things they were targeting was making it a little more user friendly or easy to utilize, and Page 10 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" incorporate some best zoning practices and increase some flexibility from some of the rigid standards that were in there. RWA prepared a zoning code and map analysis. I don't believe that was included as part of your packet. But basically what that did, there was, you know, stakeholder interviews, public meetings, a review of the existing LDC, both the greater LDC and the specific overlays. There was a review of the built environment in the Bayshore/Gateway Triangle areas. And based off of all the background information, the analysis identified some alternative provisions to be considered as the amendments went forward. And there were five of those and they were broken down to improve user friendliness. Some of the things that were identified were to eliminate inconsistencies between the overlay regulations and things that were found in the greater Collier County LDC, incorporate more tables and pictures, or modernize the table of uses, consolidate design standards. There was a lot of repetition in the existing LDC. The other -- the major theme was encourage redevelopment, revitalization and infill. And that was to -- being proposed through increased mixed use development opportunities, creating some non -conforming provisions specific to the gateway -- Bayshore/Gateway Triangle areas, creating some incentives, developing infill standards, and revising some of the parking provisions. Facilitating cultural arts district was another major theme. Looking at permitted uses that are allowed that support cultural arts. Live/work units was one use that was specifically identified to be included. Creating incentives and helping develop a walkable public realm, pedestrian friendly public realm. Ensuring development quality. Some of the themes discussed were, you know, incorporating some more form -based provisions. Again, the public reahn was discussed. Updating development standards and incorporating some sustainable development practices. And finally, improving and simplifying the review and approval process. And I think that's where a lot of the issues that were experienced there. And some of the items to accomplish that were to move the MUP out of where it currently is and put it with the other procedural requirements in the LDC. Create an administrative approval process. And again, looking at some nonconforming provisions specific to the CRA. So that's a little bit of background. The packets before you, what was included, I want to just give an overview. It's a very large section of your packet, and the majority of the rewrite, and I know it's caused some consternation for several people that I talked to is, there was so much reorganization because things were in weird sections, and that's not unique just to the Bayshorc/Gateway overlay LDRs, but I found it throughout the Collier County LDC. But we were trying to lay it out a little more intuitively and make it more consistent with how the greater LDC is laid out. So there is a definition section. There is a section chapter two which identifies the zoning districts, both the greater overlay and all the subdistricts within that overlay. And that section describes the purpose of intent and identifies the uses that are allowed. Chapter four contains all of the design standards, your setbacks, your landscaping requirements, architectural requirements, those types of things. And then chapter 10 are the procedures in the LDC and we move. the MUP process to chapter 10, so it's with the other procedures in the LDC. And because of all of that reorganization, it made a traditional strike-through/underline format for LDC amendments very difficult to do, impractical. It would be hard for you. So the way the packet is set up is you have clean text. If it's related to existing text we put those in a text box and you can see it in strike-through/underlined, and that's to help assist you all to identify what is new language and what was old language that may have been amended. With that said, there are some changes other than just reorganization. There are some revised development standards. There's some flexible setback requirements for infill lots. Some of the minimum floor area and maximum floor area reauirements have been slightly adjusted. Some of the architectural standards have been changed, and I 1 get into that in more detail. Buffer requirements had some minor adjustments. And parking requirements were minimized a little bit. Some of the substantive changes. Now, these are more than just minor changes in numbers. Thereare some -new uses that were introduced. Live/work, which I had mentioned previously, an artist village and community gardens. It incorporates some form -based code provisions within the architectural design section. There's some provisions for murals within the CRA; again, nonconforming provisions that are specific to the redevelopment area. And then it allowsdor adminisffative MUP approv proeess� fuse would bei >> a major i K Page 11 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" And that pretty much gives you a little summary and background. I know typically with the board protocol is to go page -by -page. I will note that we have had a meeting with the County Attorney's Office. We met with Brad to discuss these amendments since the packets have been sent to you. So there are some sections that we would like to amend, and I'll note them as we get to those pages, if thaVs okay with you all. ACTING CHAIRWOMAN AHERN: Perfect. Okay, do you guys wants to just go through about 10 pages at a time and ask any questions you have? COMMISSIONER SCHIFFER: Yeah. ACTING CHAIRWOMAN AHERN: Okay. Let's take the first 10 pages. COMMISSIONER SCHIFFER: I have a question. IVs not really the numbered page but the fiscal impact; what does that statement mean that the CRA. amendments will be subject to the fee of $3,000? Is that referring to this or is that referring to people in the future? MR. SCOTT: No, the $3,000 fee is the fee required for someone to submit a text amendment. So the CRA had paid the $3,000 fee to submit the text amendment to the county. COMMISSIONER SCHIFFER: But Ray, isn't the intent of that to see if the changes here have a fiscal impact, not the actual application procedure or -- MR. SCOTT: That is the intent. I didn't write that section so I wasn't familiar with it. I will say that the amendments don't take away any rights or -- that are currently conveyed on property owners. So in that regard I wouldn't imagine any impacts to the county or any property owners. COMMISSIONER SCHIFFER: Okay, more questions. On Page 4, the live/work units, which I think is an excellent idea; I was on the national codes and we put it into the building code. The question I had, and the rest of the Planning Commission, they only have it for single-family, where I think it could be in multi -family. And where we could start getting in trouble in Florida is that a three -unit townhouse project is a multi -family project. I'm not sure why it has to be restricted to that. Also, I think the definition of it would be, you know, it would be nice if it was exactly the same as the building commission or the code has. MR. SCOTT: Yeah, after our meeting you had mentioned that with us, and when this was developed it was prior to the recent Florida Building Code amendments that werejust enacted. So we are comfortable in amending this definition. And if you'd like, I can read how this definition would change. Live/work units. So everything after that would be stricken and the new definition would be -- and this again is to make it consistent with Florida Building Code Section 43 8 -- a dwelling unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant. COMMISSIONER SCHIFFER: Okay. MR. SCOTT: And that would make it consistent with Florida Building Code. COMMISSIONER SCHIFFER: Jean, I guess the question is do you want it in multi -family or -- I mean, obviously an artist like the artist village, they can live in a multi -family building and they're obviously going to be in their living room painting. So it's not like they can't do that in their house. MS. JOURDAN: The reason we put it in the places that we did was through public input. The places where we are allowing it are actually single-family but they're transitional places. They're mobile homes that are transitioning into single-family. The one part is actually across from commercial. So the other people within the area had indicated that they did not want to have live/work on their established streets. So we identified these areas that were transitional and the ones that were next to or adjacent to commercial for the live/work. That was the reasoning. ACTING CHAIRWOMAN AHERN; Any other questions, Page 1 through 10? MS. ASHTON-CICKO: If you decide to go with the current definition, you just need to put an or in between line 16, a single owner or tenant. COMMISSIONER SCHIFFER: I think the intent is for a tenant, though. I mean, in other words, you don't want some guy that owns it and is not the tenant. MR. SCOTT: Right. Yeah, we're comfortable adjusting it to match Florida Building Code. So it would be a dwelling unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant. So the tenant or which could also be the owner would operate both the commercial — or the nonresidential and the residential space. COMMISSIONER SCHIFFER: But it doesn't have to be the owner. Page 12 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" MR. SCOTT: No — COMMISSIONER SCHIFFER: And you don't want -- MR. SCOTT: Right, just the -- COMMISSIONER SCHIFFER: — you want some guy can own it and lease it to an artist. MR. SCOTT: Correct. ACTING CHAIRWOMAN AHERN: Heidi, did you have anything else on those pages up to Page 10? MS. ASHTON-CICKO: No. MR. SCOTT: I have a minor change on Page 6,2.03.07.1. 1, in the purpose and intent. The second line, which is line nine, notes the Bayshore/Gateway Triangle community redevelopment area, (CRA), to make it — the CRA is actually the Collier County CRA with two redevelopment areas. So to make it consistent with the — to make it proper, we will strike the word community at the end of line nine, and strike the (CRA) on line 10. And that happens a couple of other places throughout the document. ACTING CHAIRWOMAN AHERN: Okay, Page 11 through 20. MR. SCOTT: I have one -- I have a couple of changes in the use table that were an error of omission. On Page 12, the -- which is the Bayshore mixed use district's table of uses, the dwelling number A.5, dwelling multi -family three or more, is currently allowed in the R-2 and R-3 subdistrict as well as the R-1. We want to make that consistent. And it was — so we'll add the P to R-2 and R-3. And right below that, dwelling mobile home is currently only allowed in the R-3, so we will strike it from R-1. And then for the dwelling mobile home, the P under R-3, just for clarification, we want to add an asterisk after the P and then put an asterisk before if allowed by underlying zoning, under additional standards. And that just clarifies that mobile homes are permitted in the R-3 subdistrict if allowed by the underlying zoning. And let me just as a little background, the table, you'll see a header above each page of the table. The way it's set up, and this is with the existing LDC and its carried over to this, the uses that are listed for the residential districts are allowed in those districts. The uses that are identified for the NC and W or the nonresidential subdistricts, those are uses that are allowed as part of a mixed use project or an MUP. If you are building something traditionally on a single lot, you would follow the uses that are allowed for the underlying zoning district. So just because a use is not specifically listed here for a nonresidential subdistrict does not mean that it is not allowed on a piece of property in Bayshore/Gateway Triangle. That would be regulated through the underlying zoning district, C-1 through C-4 or whatever it may be. ACTING CHAIRWOMAN AHERN: Okay, any Questions? (No response.) ACTING CHAIRWOMAN AHERN: Is that all of your changes? MR. SCOTT: Let me see. We're going ld of a time or are you doing -- ACTING CHAIRWOMAN AHERN: Yes, we're going 11, Page 11 through 20. MR. SCOTT: Then Page 14, F-1, boatyards are currently identified as an accessory use in the NC and W subdistricts. We are going to strike that completely. And then on Page 15, marinas, we are going to say marinas and boatyards because the supplementary standards apply to both marinas and boatyards. And then I would also clarify that the major heading on that same page, it says infrastructure. It has an F. It should be an H. So that is a scrivener error. ACTING CHAIRWOMAN AHERN: Go ahead. MR. VANASSE: Patrick Vanasse, for the record. I would just like to clarify something also along the lines of what Chris was talking about with the tables. What's important to note is that the overlays provide uses above and beyond what's already approved and what's So ifyou turn to Page 11 and you look at line eight, it kind of describes how Mese overlays worx. tutu wilco it states is all other projects may elect established uses, densities and intensities in accordance with their underlying zoning. However, all projects must comply with site development standards as provided in Section 4.02.16, which is the overlays. So basically what we're saying is that if your underlying zoning district allows certain uses, YOU Keep T170W uses. And the densities and intensities associated with those underlying districts exist. So we're not changing that, we're lust supplementing that witn the overlays, Page 13 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" However, when it comes to development standards, no matter what your underlying zoning district is, you have to abide by the development standards within the overlays. So if you're just looking at uses, intensities and densities, you have the option of going with existing zoning or opting for this. When it Gomes to development standards, you must abide by this. So ]just wanted to clarify that. -C CKO: Can I also make a further clarification? As uronosed in here. if somebMv wants t go forward and they want to develop or redevelop, they really will have three options. And one of the options we haven't gotten to yet. But they could rezone the property to whatever they can get approved by the Board. They can use the underlying zoning designation, what he's saying, what he told you just now as far as the uses. So if it's C-3, they could do any of the C-3 uses. Or when we get to it a little bit later they can do a mixed use project, MUP, which is proposed to be done administratively. So those uses that they just went through, the chart that you looked at that showed the overlay, it will operate kind of like straight zoning. Anything that's in the overlay they'll be able to get approved. All they have to do is submit the request, staff checks to make sure its a use in the overlay, and they get it. So that's a little bit different, and we'll get to that a little bit later. But I just wanted you to understand that there were multiple options on how to develop. ACTING CHAIRWOMAN AHERN: Okay, any other questions? (No response.) ACTING CHAIRWOMAN AHERN: I'm sorry, do you have more changes? MR. SCOTT: I do have one more between Pages 10 and 20. That is a simple one. Page 16, similar to what I discussed earlier. And one, purpose and intent, line nine, strike the word community. So that it just reads Bayshore/Gateway Triangle redevelopment area. And I'm good until we get to the next 10. ACTING CHAIRWOMAN AHERN: Okay. Any questions up to Page 20? (No response.) ACTING CHAIRWOMAN AHERN: Okay, let's go Page 21 to 30. Chris, we can start with you. MR. SCOTT: Okay. Similar with the dwelling, mobile home, A-6, we will add an asterisk after the P under R and put an asterisk under the additional standards prior to if permitted by underlying zoning. The B-1, bed and breakfast facilities. I need to confer with Jean, but I believe the decision was to also add that as a permitted use in the mixed use subdistrict. Yeah. So B-1, bed and breakfast facilities, add a P under MXD or a CU, excuse me. ACTING CHAIRWOMAN AHERN: So both are conditional uses? MR. SCOTT: Yes. Page 24. COMMISSIONER SCHIFFER: Maybe why don't we go page -by -page and you can join in. ACTING CHAIRWOMAN AHERN: You have questions? COMMISSIONER SCHIFFER: I do. Twenty-one, the maintenance repair in the mixed use area, we still wanted to remove that? MR. SCOTT: Maintenance repair. I apologize, that was one I missed. Add a CU under MXD. Thank you. Any other questions on that page or -- COMMISSIONER SCHIFFER: No. MR. SCOTT: Page 23 and 24, there's just. a small portion that got carried over. The very last item, lawn and garden services in conjunction with a nursery. Strike everything under the additional standards. And the rationale for that is those pertain to demonstrating compatibility. Those are already criteria that have to be demonstrated for any conditional use, so it was redundant. ACTING CHAIRWOMAN AHERN: Any questions on those two pages? (No response.) ACTING CHAIRWOMAN AHERN: Chris, do you have anything else? MR. SCOTT: Not on this. ACTING CHAIRWOMAN AHERN: Okay. COMMISSIONER SCHIFFER: I have a Page 26 question. Page 14 of 27 April 25,2012 1'CCPC/LDC Amendments Special Meeting" ACTING CHAIRWOMAN AHERN: Go ahead. COMMISSIONER SCHIFFER: And I guess, Heidi, these density bonuses, I guess its 388 units; is that right? How many do we have now? MS. JOURDAN: That's correct. Initially we started out with 388 and then there was 232 units approved for the arboretum project, which no longer exists. Asa matter of fact, it reverted back to its original zoning. So those 232 units are going to come back to us. The only thing according to comprehensive planning, they're keeping track of this, are five units that were used in a project.. So that would take us down to 383. COMMISSIONER SCHIFFER: Arfd that would be the coffee shop. MS. JOURDAN: Correct. COMMISSIONER SCHIFFER: Go ahead. I mean, what that is is there's only a limited amount of units other than what you're entitled to on your property, correct? MS. JOURDAN: Correct. COMMISSIONER SCHIFFER: The rest of the board. So everybody is going to be drawn out of that pool. And it looked like that one project was a pretty big hit. So it really is purely first come, first serve? And how long can they hold it? Like how -- I mean, how many -- I know there's a frame in here where it elapses. So till they elapse, they have the rights of those units? MS. JOURDAN: Correct. And then if they don't utilize them -- and I believe Heidi can answer the question, because she's working on how they would come back to the density bonus pool, I don't know, Heidi, is that going to be per resolution, ordinance? How would we get back those units? I know that they're not being used, so -- but officially? MS. ASHTON-CICKO: Well, in answer to your question, my recommendation was to do a resolution. The current regulations provide that the stuff automatically terminates. But I still think that its better to memorialize it in a resolution, frankly. That's my recommendation. But on this section that you're looking at, A-1, when I first looked at it, I found it confusing. You know, some of the things in the overlay they can have by right. And I initially read this to mean they could have the 12 units an acre by right. And in talking with Chris, he indicated that you get the underlying zoning unless you can get up to 12 units an acre with the density bonus. So I read it a little bit differently, which -- MS. JOURDAN: I'm song. Also, if you read the Growth Management Plan, then it makes it more clear how you qualify for those density bonus units. There's only certain projects that will qualify that it has to be a mixed use project. Right now the way the thing is written, no one else can tap into those bonus density units. And it's outlined in the future land use element, the Bayshore/Gateway.overlay, in the Growth Management Plan. MS. ASHTON-CICKO: It's addressed on your last page where Page 101 is the density pool allocation. And as I understand it, its first come, first serve. So whoever applies essentially you get it. If you apply, you get it. MS. JOURDAN: But you have to be within a mixed use project. MS. ASHTON-CICKO: Correct. COMMISSIONER SCHIFFER: Right. But it's a limited resource. MS. JOURDAN: Yes, it is. Yeah, its an incentive, similar to early entry TDR's. That was from Patrick. He's whispering in my ear back there. COMMISSIONER SCHIFFER: And the problem's going to be is that once they're gone and you have commercial zoning which doesn't have residential attached to it, your mixed use projects aren't going to be that mixed. MS. JOURDAN: Yeah. I mean, we're looking into other ways of getting additional density, but because of that being the coastal high hazard area, they didn't really want to increase the density. So we're actually pulling from the density that was allowed on Botanical Gardens. That's where those 388 units came from, because they said they didn't want to increase the density in the coastal high hazard area. So that wasn't really increasing the density, it was just a reallocation. And that's where those 388 came from, that number. MR. VANASSE: For the record, Patrick Vanasse. One of the recommendations we made when we did our analysis was that the pool is finite right now, and as Jean mentioned, that density was obtained through the Botanical Gardens because they weren't going to be using their residential density. There are other civic type of uses in the area, and one of the recommendations was to look at the possibility of maybe being able to use that density if those lands are going to remain in civic type of uses or parks or Page 15 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" recreational type of uses. Again, that would require a Comp. Plan amendment and close investigation, but there's an opportunity there for that. ACTING CHAIRWOMAN AHERN: Thank you. Any other questions on this section? (No response.) ACTING CHAIRWOMAN AHERN: Chris, did you have anything else up to Page 30? MS. ASIITON-CICKO: Can T also make a clarification too? Because as you get to these pages the rules are changing so that the -- yeah, as you get to this page. The development standards now are based on your product type, and that's where they come up with the form based as opposed to in C-3 it's so many feet for your setback. Now it's based on your product type our your form. I just want to make sure that was clear. MR. SCOTT: Years, that's a good clarification. The form -based provisions encompass both the building location on the lot based off of what the building looks like, so a house would have certain setback requirements, a commercial building would have another set of requirements. And then there's architectural standards that are in a later chapter. So yeah, the setbacks don't really change, there consistent with the current code, but it is broken down by building type. Which leads me to on Page 28 I want to add a -- under -- on the table, the top line, minimum lot width feet, under commercial, it currently says 100 feet. I want to add a footnote. I'm going to maize that one five because I have a four that got inadvertently left of. So make that a footnote five. And then underneath the footnote section Twill note that properties wide C-3 zoning shall have a minimum 75 -toot lot width. And the rationale is that is the existing, lot width requirement for C-3. And the intent was not to increase the development standards from what currentiv exist. And then -- are your footnotes currently existing? COMMISSIONER BROUGHAM: Bottom of Page 28. MR. SCOTT: The bottom of Page 28. COMMISSIONER SCHIFFER: Got it, okay. MR. SCOTT: And then I also want to add a footnote four, at max building height feet add a footnote four. And just a note that that is zoning height. Because the county has both zoning height and actual height. That was a -- to change that would have been more than was intended with these amendments. COMMISSIONER EBERT: Chris, I have a question for you. MR. SCOTT: Yes. COMMISSIONER EBERT: And Heidi can maybe -- are you rewriting these LDC's as you're going along with this? I mean, watching something -- because this has already been brought up in front of us, right, and then it came to the BCC. This was -- okay. But it just seems like you're kind of changing -- it seems like you're rewriting a lot before we get this. This is -- is this questions from Brad, is that why? MR. SCOTT: This was based off of -- not exclusively, no. The packets had gone out and they're still being reviewed on some level by staff, the County Attorney, and then we had a meeting with Brad. So some of these changes are based off of those made. And I apologize that they're not included in your packet, but -- COMMISSIONER EBERT: Okay, that's what I was guessing, I was really trying to say. Thank you. COMMISSIONER SCHIFFER: And they're really not changing any of these setbacks anyway. Essentially the chart on the right is the old, the chart on the next is the new. Some people have a different orientation, but — you know, it always scares me when I see different commissioners have different orientation in their packets, because they hand them to you with your name and you just wonder if these are customized packets or -- they should be identical. But anyway. But -- and by the way, I found this to be very confusing going through this. Because it is these little boxes of code and boxes of that. In other words, there's no real straight through way to check what the existing code is. This is -- it's a little strange. But we discussed that also, but -- COMlvIISSIONER EBERT: See, so it was with Brad. COMMISSIONER SCHIFFER: Well, you can't fix strange. Because Pm around doesn't mean it's strange. Page 16 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" MR. SCOTT: If I could back up one second, I just realized the footnote five for the 75 -foot lot, minimum lot width for C-3 property, I inadvertently forgot to mention that on Page 26 it also needs to be added under commercial. COMMISSIONER SCHIFFER. One question looking at this. On 30, did you get rid of duplex as a category or -- there's no minimum width or — MR. SCOTT: Hold on one second. Page 30? No, there is a footnote that says see section 4.02.16.A.7 regarding duplexes. COMMISSIONER SCHIFFER: Yes, I see that. But in other words, why wouldn't -- what does it says -- and here's the problem, it's difficult to go back in this as it was presented to us and find that section. You have to go to the COMMISSIONER HOMIAK: Page 36. MR. SCOTT: Yeah, that has a typo too. Or not -- Page 28 has a typo, it should be A-7. The A's were lifted out of footnotes one and two. Duplexes, they have a larger minimum lot width requirement. But again, the house is just the building form, so it could be a duplex, one building with two units on a single-family lot designed to appear as a house. However, the current LDC requires a larger minimum lot width. COMMISSIONER SCHIFFER: And what would the duplex lot width be? MR. SCOTT: Duplex lot width is 80 feet and a minimum square footage of 1,000 square feet -- or minimum building area of 1,000 square feet per unit. COMMISSIONER SCHIFFER: The reason you wouldn't put them in this chart is why? As they were before. Or at least as they are in 4.02.18. MR. SCOTT: It could be done that way. COMMISSIONER SCHIFFER: Why would you chase us around? MR. SCOTT: Well, there are a number of exceptions to the dimensional standards that follow these tables. So we did put a notation that identifies that section. COMMISSIONER SCHIFFER: Okay. MR, VANASSE: The reason is that a duplex really falls under the form of a house. However, we couldn't cleanly have the same standards for all houses because a duplex had existing standards that were a little different than a single-family. So we wanted to kind of keep the organizational structure of using form -based methodology and using house and townhouse and et cetera, but duplex didn't fit in cleanly. So we could either add it to the table, modify the table, or the way we dealt with it was just having a footnote and then dealing with it with a different section of code. And really, like Chris explained, it's the 80 -foot lot width rather than the 50 -foot. And that's something that was discussed at the advisory board and with CRA staff. And the intent was not to reduce it to 50 and make it consistent throughout. They wanted to keep it as -is. COMMISSIONER SCHIFFER: And a two-family, what is the difference? MR. SCOTT: Well, again, two-family, the -- they could be two row house type developments where each is on an individual lot. So it could be similar to a townhome but two units as opposed to three. But each -- the difference would be duplex could be on a single lot, not have each owner -- two owners on two separate lots with an attached structure. Whereas a two-family unit could have separate owners and separate lots but a shared party wall. Does that answer your question? COMMISSIONER SCHIFFER: Well, I mean, that's a townhouse, which has different requirements. MR. SCOTT: But by definition in our code townhouse is three units or more. MR. VANASSE: Yeah, Collier County has always dealt with it in -- I think its an issue every time it comes up that's a little confusing to people, duplex versus two-family. And I go back every time and look at the definitions. But really, you're looking at the same -- a building that could look exactly the same and you're looking at one on one parcel versus the same building on two parcels. COMMISSIONER SCHIFFER: What page is 14.02.16.A.7 on so I can pretend -- MR. VANASSE: I believe it's 36. COMMISSIONER HOMIAK: Thirty-six. COMMISSIONER SCHIFFER: Page 36? MR, SCOTT: Yeah. Page 17 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" ACTING CHAIRWOMAN AHERN: Chris, did we get your change on Page 30? MR. SCOTT: I just add a footnote for zoned height was the only one. The same with Page 32, add zoned height. ACTING CHAIRWOMAN AHERN: Does anyone have any questions up to Page 30? COMMISSIONER SCHIFFER: Well, I'm back in on that last point. So what you're doing here -- and first of all, we discussed this yesterday, this is the only place in code where R-1 is the higher density. And then you — you know, normally R-1 is the sacred single-family house. And then -- and the numbering makes sense, because the numbers can actually start to make sense. This works opposite. MR. SCOTT: Correct. COMMISSIONER SCHIFFER: But what you're saying is in this high density area, the R-1, you're referring people to the development standards of R-4 for the development of the duplex and the two-family and -- MR. SCOTT: I'm sorry? COMMISSIONER SCHIFFER: Well, back in the way it was in 4.02.18, the old code, you could see all of the different single -- all of the different housing types, you know. They're not form -based but they're the housing types. Now you're taking some of them out of your form -based thing for R-1, which is the dense areas, and you're sending people from that into the R4, which is the less dense area for regulation. I mean -- MR. SCOTT: I believe you're looking at the old regulations. If it's in a text box -- COMMISSIONER SCHIFFER: Well, the problem is is Im liking the old regulations better than what we're doing here. That's my problem. Because there it shows everything, you can see it. Now here you take me down, you do footnote me, you led me to the place. And then when I get there, it's the development standards for R-4, which is --just seems awkward. COMMISSIONER HOMIAK: No, it's the exceptions, number seven, exceptions — COMMISSIONER SCHIFFER: Well, there's the exceptions to the development standards or R-4. COMMISSIONER HOMIAK: No, they're to all of them. MR. SCOTT: No, if you look -- COMMISSIONER SCHIFFER. Okay, wait a minute, this box is confusing me. MR SCOTT: Let me -- COMMISSIONER SCHIFFER: Okay, the box above that, seven, okay. All right. No, its the format of this present -- I mean, you have a little box before that that's stating these are the R-4 standards, and its -- I'm confused -- COMMISSIONER HOMIAK: No, its the one after that that applies to that, on the next page. MR. VANASSE: And again we understand that the boxes are a little difficult to handle. That's what we saw as the best way to try to present this to you. Obviously once the boxes will be cleaned out I think it reads a lot better. It's a lot easier to follow once those boxes are gone. COMMISSIONER SCHIFFER: So seven is an exception to all the different ones, not just R-4. MR, SCOTT: Correct. Let me -- if you -- at the very beginning of your book there is a table that shows proposed overlay outline adjacent to the existing overlay outline. So if you just focus on the proposed overlay outline you can kind of see, its difficult especially when you're looking at something page -by -page, small section by small section to see the greater image from, you know, a 30,000 -foot level.: But if you. look, we are now in a Gateway Triangle mixed use overlay district, I believe. It should say Bayshore/Gateway Triangle overlay. But one is your purpose and intent -- excuse me, we're on 40.2.16.A, dimensional and design standards for the BMUD, okay. So one through six are each of your subdistricts. Seven is your exceptions. And then B is dimensional design standards for the GT, or Gateway Triangle mixed use subdistrict. One and two are your two subdistricts, three is your exemptions. COMMISSIONER SCHIFFER: So some day soon we'll see it all in the right format and life might make more sense. ACTING CHAIRWOMAN AHERN: Chris, can we leave that on the overhead and leave that up just so we don't have to flip back and forth if we have any -- MR. SCOTT: I don't know how the overhead works. COMMISSIONER KLEIN: I think Ray can help us with that. MR. SCOTT: I also want to note that as this goes forward we're happy — and Heidi had asked for a -- I guess Page 18 of 27 April 25, 2012 " CCPC/GDC Amendments Special Meeting" you can open it up. COMMISSIONER EBERT: Can you open it up? MR. SCOTT: Heidi had asked for a clean copy that didn't show the text boxes with the old code sections, just because it did add some confusion, especially if you're looking at numbers and all of a sudden there's an obscure number within a text box. COMMISSIONER SCHIFFER: You don't have to prove that to me, that's for sure. MR. SCOTT: But we are happy when this comes back to you, because I imagine at a minimum it's coming back on your consent agenda, if not for further discussion, that we will also provide a clean copy devoid of test boxes, for ease of -- hopefully easier use. Pm not going to say ease. I did have two things I just noticed. Twenty-eight and 30, there's an incorrect citation to 4.02.16. It should be D, building types and architectural standards. In some places for some reason it says C, which there must have been a change at some point that wasn't caught in every location. So in all circumstances that should reference 4.02.16.D, building types and architectural standards. ACTING CHAIRWOMAN AHERN: Okay, so through page I think 32, so let's continue on up to 40. MR. SCOTT: Thirty-two, the correct citation to D, building height -- or building types and also zoned height footnote. Unless there's any comments, I'll move on. (No response.) MR. SCOTT: Thirty-four, the same two changes. Thirty-six the same two changes. MS. ASHTON-CICKO: I had a change on this one too. Under seven, line 16, after the word commercial, comma, where permitted, then another comma. MR. SCOTT: Do you want that after building types or after the word commercial? So it would be townhouse, apartment, mixed use and building types, comma, where permitted? MS. ASHTON-CICKO: Yeah, that's fine. Yeah, you're right. ACTING CHAIRWOMAN AHERN: Okay. So Chris, any other changes? MR. SCOTT: Page 38, I do have several changes. In addition to the zoned height footnote, I want to — just to maybe make it a little more clear, I'm going to strike A and B, which A is on the bottom of 38, B is on the top of 39, from text format and incorporate them as footnotes five and six. Five, the footnote would be for the minimum front yard for mixed use. And then the footnote would say mixed use projects in the mini triangle shall have a maximum setback of 20 feet. And then add footnote six to maximum building height under mixed use by the number 56. And footnote six would read: Mixed use projects in the mini triangle area have a maximum building height of 112 feet. And those dimensions are authorized by the Growth Management Plan, if you're curious where they came from. ACTING CHAIRWOMAN AHERN: Chris, do we have this many changes throughout the whole document? I mean, if we continue at this point, I think we may want to just get a clean copy. COMMISSIONER EBERT: And continue, yeah. MR. SCOTT: That is -- it's up to you. Yeah, there are -- yeah, the -- if you would like me to skip over the ones that are correction of citations, I'm happy to do that. I was just wanting to read them into the record. Or I can just highlight any substantial changes. That's your discretion. Or we could incorporate them all and bring it back to you all if you prefer to handle it that way. ACTING CHAIRWOMAN AHERN: Pm just afraid with this many changes and we don't have -- we're kind of writing as you speak, it's going to come back to us, we're going to have to review it again anyway. Heidi, what are your thoughts? MS. ASHTON-CICKO: It seems to be many of the changes that he's making are the same to each of them, so I guess if there's big changes, he could mention it and just get feedback from you as to whether there's anything, you know, that you're not happy with the concepts and wanted changed. ACTING CHAIRWOMAN AHERN: Does the Board have any -- COMMISSIONER EBERT: I would just rather have a clean copy, to be honest with you. Because you're Page 19 of 27 April 25, 2012 GOCCPC/L.DC Amendments Special Meeting" right, we all -- we keep writing all this down and it is a little confusing. MS. AS14TON-CICKO: Yeah, on this one also, they're going to be deleting the whole existing text and adding the new text. That was difficult -- I didn't grasp that when I was reviewing that. So everything is new. ACTING CHAIRWOMAN AHERN: Brad, what are your thoughts? COMMISSIONER SCHIFFER: First thought, that's the advantages of evening meetings. We tend to want to do it this way. But I don't think we're coming up with anything on the Board. So if you could just keep it to stuff, the really meat -- MR. SCOTT: Substantial. COMMISSIONER SCHIFFER: Yeah. MR. SCOTT: That's fine. And then if you all have things that you all feel are substantial, why don't we continue to go section by section. If you all have comments, and then if I have something substantial, I'll mention those. COMIVIISSIONER SCHIFFER: The Board doesn't seem to have a lot of comments. So just go quickly on the thing. I think that's it. There are some ones, we're getting stuff I think the Board should talk about. So I wouldn't want to leave right now. ACTING CHAIRWOMAN AHERN: Okay, so let's go up to Page 40. Anything other than footnotes? Any questions from the Board? (No response.) ACTING CHAIRWOMAN AHERN: Okay. Let's take the next 10 pages, 41 to Page 50. COMMISSIONER SCHIFFER: Chris, I think one thing is on Page 47, when you refer to open space with the artist studio, that's not what you intend. MR. SCOTT: That's correct. We do have that as a change. So Page 47, 3.D, supplementary standards for an artist village, we will put a period. We'll remove everything after on the second line, residents of the artist village, period, and delete and shall be classified as common open space. The intent was not to be open space for a project as in your green area, those types of things. But common area within a building. But it isn't deemed to be needed. ACTING CHAIRWOMAN AHERN: Okay, any other questions or comments? MS. ASHTON-CICKO: I think Chris had a change though on Page 45 under one -- MR. SCOTT: Yeah, accessory, just for clarification purposes, Page 45 C.I.A. This is regarding accessory parking zones. At the very end of C. LA I'm going to add, for an adjacent nonresidential use. These parking zones are intended for adjacent nonresidential uses, so that's for clarification. I didn't know if that was major or minor. COMMISSIONER EBERT: It's major. It's large. Would you repeat that, please, Chris? MR, SCOTT: C.l .A, currently ends water retention and management areas for an adjacent nonresidential use would be the words added. MS. ASHTON-CICKO: We'll have to flesh out some language, because I have down here it's going to be an accessory use to an adjacent principal nonresidential use for the parking. So we'll get together and work that out. You! 11 see that realized next time. COMMISSIONER SCHIFFER: Forty-nine, question. ACTING CHAIRWOMAN AHERN: Go ahead. COMIVIISSIONER SCHIFFER: Chris, could we go back and on line 22 it states in there that the live/work units are conditional uses for these districts. MR. SCOTT: Yes, we would need to -- COMMISSIONER SCHIFFER: Can you go back and fix those, because I -- MR. SCOTT: We will be striking BMUD R-1 and BMUD R-2. And I believe Jean spoke to this previously, that based off the input that the CRA had and then their due diligence, they identified the R-3 in the BMUD and the GTMUDR as appropriate areas for livetwork and residential districts. COMMISSIONER SCHIFFER: Sony I pointed it out. And then Heidi, remember last week at the meeting when I questioned adult-oriented businesses, you promised that we always used it, but here it looks like on line 32 they have more fun with it than -- but anyway, I just pointed that out. Remember the conversation we had at the one meeting where I didn't want to be confused by what adult business means. Page 20 of 27 April 25, 2012 G°CCPC/LDC Amendments Special Meeting" MS. ASHTON-CICKO: Which page are you on? COMMISSIONER SCHIFFER: I'm on 49, line 32. COMMISSIONER HOMIAK: It's adult-oriented sales and rentals that we've been using. But this is their language, it doesn't -- COMMISSIONER SCHIFFER: I like theirs better. COMMISSIONER HOMIAK: Yes, I do too. COMMISSIONER SCHIFFER: Because its more clear. ACTING CHAIRWOMAN AHERN: Do you want to read that in the record? COMMISSIONERSCHIFFER: No, no, we're fine. MS. ASHTON-CICKO: There are a number of things that were listed under artist village, but -- and breakfast and community garden, which were more in the nature of what you would put for a restrictive covenant than you would put in your zoning code. So I guess it's a policy decision, but, you know, not allowing the dwellings to be leased for periods of less than 30 days and limiting guests to occupancy and talking about how the property has to be maintained and the hours of operation, and there are a whole number of them on here that I don't know that in the zoning code that you want to include it, you know, if its county property under county ownership you can apply -- you can record a restrict covenant. Or sometimes certain uses we regulate through the PUD process. So I guess I would caution you in putting these kind of things into the Land Development Code. ACTING CHAIRWOMAN AHERN: All right, any other questions up to Page 50? COMMISSIONER SCHIFFER: Well, and then H, are we going to change H? MR. SCOTT: H, we want to revise the parking requirement for live/work. It currently states two parking spaces per 1,000 square feet of the nonresidential portion. That section will change to one parking space per 500 feet. The intent doesn't really change, but because the maximum size of a nonresidential area can go to 1,500 square feet, it just made more sense to make it divisible by 500 as opposed to 1,000. ACTING CHAIRWOMAN AHERN: Okay, let's go Page 51 through 60. Go ahead, Brad. COMMISSIONER SCHIFFER: Fifty -sic. And.here's my concern. I'm trying to get rid of these drawings. For example, let's take the inappropriate one on the right up at the top. So that what they must be telling us is that if you build a big building, number one, the tall building was built first, you're not allowed to build the little buildings. That must be what that's telling me. So I'm kind of mocking these kind of charts on trying show what compatibility is. Take for example the lower ones, which are showing dotted lines saying, look, the roof height of this has to equal the roof height of that. But these are elevation drawings. That little guy in the center that's appropriate, he'll never sent his roof height with the head height of those windows. I mean, it's off further away. The three dimension of it, I mean, it's cute in a two dimension drawing, maybe, but it will never be anything in reality. And I think if the intent of this neighborhood is to keep growing, you would never want to totally limit its size by not being able to have the size of buildings expand. And again, saying it backwards, if you built a big one first, you would never be able to have any more buildings built unless they commit to big buildings. And that's not the intent of this. So I don't mind the concept of the words and the conversation, the drawings are just dangerous. It can be used against you in the opposite direction. MR. SCOTT: I believe we are okay striking the drawing. COMMISSIONER SCHIFFER: Well, the CRA is -- MR. VANASSE: We had the opportunity to discuss that with Brad and we agree, I think the intent was to try to depict this through illustration, maybe to make it easier for people to understand. But the danger in that is that people get tied to those pictures and then you start arguing the picture rather than the compatibility issue. So keeping the verbiage in there and striking the pictures, we think its a good idea. We'll do that. COMMISSIONER SCHIFFER: And on the other page, those are fine, these are just describing components that projects have. And that looks good. MR. SCOTT: The illustrations beginning on Page 58, its the ones illustrating the yards. I will note that we are going to remove the word minimum from the key or the legend on the bottom, because they're not drawn to scale, they don't reflect the actual minimum yard requirements, they just illustrate where the yards are. Page 21 of 27 April 25, 2012 f°CCPC"C Amendments Special Meeting" MR. VANASSE: And I think also on all these drawings where you're at a street corner where you have a primary and side street, you have two front yards. And we identified primary facade on just one of those two. So every exhibit is going to be changed to show two primary facades also for those corner lots. ACTING CHAIRWOMAN AHERN: Any questions up to Page 60? (No response.) ACTING CHAIRWOMAN AHERN: Let's go 61 to Page 70. COMMISSIONER SCHIFFER: And we discussed the artwork change there that you guys are okay with. MR. SCOTT: I m sorry? COMMISSIONER SCHIFFER: On Page 68, the artwork for -- MR. SCOTT: Yes. MR. VANASSE: For some of you, depending on your document, we realize that I guess, depending on the printer you have, it might be Page 68 or 69. Mine is on Page 69. We have an exhibit of two buildings, and we're talking about the roof line offsets? ACTING CHAIRWOMAN AHERN: Uh-huh. MR. VANASSE: So the request was to -- what we're trying to address here is the roof line itself, not the rest of the building, how the windows look and that type of thing. So the idea is to make both buildings consistent except for the roof line. So we'll redraw those. ACTING CHAIRWOMAN AHERN: Any other questions? COMMISSIONER SCHIFFER: You know, let me -- let's go back to that, because I'm looking at this and I may have been wrong on pushing that. Because its also discussing facade variation. So the building drawing on the right really does show a flat facade also. It definitely shows the roof. So I'll tell you what, I think leave it the way it is. I don't think we're going to help it any. Changed my mind. So never mind on that one. ACTING CHAIRWOMAN AHERN: Okay. If there's no questions up to Page 70 -- COMMISSIONER EBERT: Brad, may I just put down okay per Brad? COMMISSIONER SCHIFFER: Just put down, yeah, Brad should never have picked on this drawing to begin with. ACTING CHAIRWOMAN AHERN: We're going to take a break. Let's meet back at 6:45. (A recess was taken.) ACTING CHAIRWOMAN AHERN: Welcome back. We are moving on to Page 71 and going 71 to Page 80. Chris, we'll start with any changes you have. MR. SCOTT: There are two changes that can be considered more than just clean-up. On Page 79, it may be your Page 80. Let me see. Your Page 78, excuse me. Mine was printed off differently, and some of our page got page numbers deviated. I'm writing myself a note to subtract one from whatever I say. The bottom of Page 78, there's two provisions: I and then Roman numeral three, so little iii. Exterial building color on the next one, we are proposing to change the language in those. The way it currently reads is that it allows for a deviation process to be approved by the CRA advisory board. The CRA advisory board does not have that approval authority granted unto them. So the new language for iii that we are proposing, and Heidi please jump in if you have any comments. MS. ASHTON-CICKO: Well, it's going to indicate that line 11 or 12, I guess it's going to end with the applicant making a request for a deviation under the section which is the alternate architectural review process. And that they can apply for it after getting a favorable recommendation from the CRA. But its not going to be approved by the CRA, it's going to be something that is a staff approval, if staff can do it, which I'm still looking into. MR. SCOTT: Yeah, I have proposed language for -- but it hasn't been reviewed by the County Attorney's office yet. But basically these deviation requests shall be subject to the process and procedures of section 5.05.08.17, which is an existing section of the code that pertains to architectural deviations, following the review and approval of the Bayshore/Gateway Triangle CRA advisory board. ACTING CHAIRWOMAN AHERN: The next change? MR. SCOTT: The next change is similar, and it's under awning, J, little i, the last sentence being revised to the similar language: Request shall be subject to the process and procedures of section 5.05.08.17, following review Page 22 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" and approval of the Bayshore/Gateway Triangle CRA advisory board. ACTING CHAIRWOMAN AHERN: Any questions from the Board on Pages 71 through 80? (No response.) ACTING CHAIRWOMAN AHERN: Okay. Page 81 to 90? Chris. MR. SCOTT: Most of it is clean-up language. There's -- we're removing some references, acceptable to the County Attorney, based off of the recommendation of the County Attorney to remove that language. So there's nothing overly substantive that I have within that section. ACTING CHAIRWOMAN AHERN: Okay, any questions from the Board? (No response.) ACTING CHAIRWOMAN AHERN: Okay, let's take Pages 91 through -- let's just go through the remainder of the document. MR. SCOTT: Again, I -- there are references in regards -- this begins on Page 89 through 91. In several instances its pertaining to being allowed to place something on or near the right-of-way. And it mention an agreement with the county. We're replacing those references to clearly state requires a right-of-way agreement -- or a right-of-way permit, excuse me. And that's in several locations. But it's more clean-up language. The only substantive area would be on Page 92, H, murals. It's not necessarily substantive as -- the way it currently reads it says mural signs as defined in Section 5.06.00 that do not contain commercial content, and it goes on, may be permitted without a sign permit. That introductory statement is inconsistent with the definition of mural signs that is in the LDC. So what the intent is by the CRA is to allow murals that are more of a public art type concept and not an advertisement for the business. So this section would -- is recommended to be changed to murals that do not contain commercial content or allowed within the subdistrict, subject to the following conditions. And then those conditions, the numbering of those would also be corrected. It should be traditional one through eight as opposed to Roman. MS. ASHTON-CICKO: That whole section is going to have to be reworked and, you know, working with our office, okay, because that whole section has a problem. ACTING CHAIRWOMAN AHERN: Okay, we'll leave that as a rewrite that will come back to us. MR. SCOTT: I will note that the -- there is a similar provision currently in the LDC for the Immokalee area that treats murals not as signage, and it also acknowledges that they are exempt from the architectural exterial color provisions and can be reviewed and approved by their CRA redevelopment agency. So this is an attempt to be somewhat consistent with that language. So it wouldn't be classified as a signage. ACTING CHAIRWOMAN AHERN: Okay. Did you have any other changes? MR. SCOTT: No, those are the only substantial once. The others are correcting citations and numbers. ACTING CHAIRWOMAN AHERN: Okay, any questions? COMMISSIONER SCHIFFER: I have a question. And Heidi, its kind of for you. Look at Page 97. And what it is, they're referring to using the architectural standards deviation process -- ACTING CHAIRWOMAN AHERN: Where are you at? COMMISSIONER SCHIFFER: -- for administrative review. Down on Page 19 and 20, down on the bottom. Front setback is an example of one case of what I'm talking about. MS. ASHTON-CICKO: You're on 97? COMMISSIONER SCHIFFER: Yeah. MS. ASHTON-CICKO: Yeah, that was a section that I had issues with. The administrative approval part, the first part of it Pm going to jump -- not answer your question directly initially, because that's what I had mentioned earlier in the meeting, that it would allow them to do an administrative approval of uses. All they'd have to do is go look at the chart and see staff -- is what I'm referring to, staff would go look at the chart and see if the use fell within the overlay, and if it did they could administratively approve it. That's not the procedure now, that's how it would be after this. Then you have a whole series of administrative'aeviations. And the only one that I'm really comfortable with is the one that deals with architectural and site design, which is item B. The administrative delegation on the setback, which is item A, the landscaping, which is item C, and item D, I don't think has sufficient criteria for staff to look at. Page 23 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" If you were to approve something like this, A, C or D, essentially you'd be removing anything esthetic in the development, and you'd just be, you know, left with the building code that deals with the safety issues. So I'm not comfortable. Thafs under — I think I'm answering your question, under MUP deviations, item B.2, A, C and D. COMMISSIONER SCI-HFFER: Right. It does show up. Actually, my question was is when they do reference the deviation in the architectural standards, they only reference F-1 through three, when there's actually five categories in there. The other two are essentially appeals of their administrative review. So when you look at that, would you look at why it wouldn't be a good idea to include four and five? In other words, don't stop at three? MS. ASHTON-CICKO: Okay. COMMISSIONER SCHIFFER: Obviously you have some bigger issues than that, but -- MR. VANASSE: We've got an answer for that. And Chris can give you the details as to why it's one through three, not four and five also. MR. SCOTT: As you correctly point out, it currently -- MR. VANASSE: Maybe reference the section so everybody can follow. MR. SCOTT: Yeah, these are -- beginning on Page 97, I subtracted one, B deals with MUP deviations. And I will point out these are all existing provisions within the LDC and the current -- the Bayshore/Gateway Triangle overlays. So these deviations are -- already exist. You can see how some of the wordsmithing has been changed, just to attempt to make it read a little smoother. In regards to Brad's comment, which the same section is cited in several places, beginning on Page 97. It says procedures of Section 5.05.08F one through three, deviations and alternative compliance. Section F, the entire section that goes one through five is the deviations and alternative compliance section. One through three specified the process. Section four identifies some of the things that qualify for deviations. This section incorporates what qualifies for deviations. And section five pertains to the appeal process. And the way this section -- if you scroll to the very last page, which should be your 101 -- excuse me, I'm sorry, I went too far. On your Page 99 there is a four, effective denial, and this incorporates its own appeal process in there which follows the county's standard based in the Code of Laws and Ordinances. So that's why four and five were not included, because what qualifies for a deviation are already built into this section and the appeal process is also built in. COMMISSIONER SCHIFFER: But maybe the one in five is better than, you know, the effective denial. Because it keeps it simpler. I mean, you could always appeal that with five. MR. VANASSE: And I think we could keep one through five and we would have some redundancy, but I think its consistent. COMMISSIONER SCHIFFER: When you say it's in the old code, it is in the old code, the full F. It didn't limit the one through five in the old code -- MR. SCOTT: Well, note the appeal process that is in this is also included and not -- although there was a conflict, this had its own appeal process, anSit also referenced the deviation can be approved through F. But F also includes its own appeal process. So it was broken out to make this more consistent within itself as opposed to what currently exists. COMMISSIONER SCHIFFER: So what you're saying is that built in here is an appeal process similar to F? MR. VANASSE: Exactly. COMMISSIONER SCHIFFER: Where is that then? MR. VANASSE: On your Page 99, four, effective denial. COMMISSIONER SCHIFFER: No, that's how to -- I mean, that's not the appeals process similar to the one in the architectural standards. MR. SCOTT: Well, the architectural standard has a process where staff can consult with an architectural arbitration board. COMMISSIONER SCHIFFER: They don't consult with them -- well, they can consult with them or somebody could appeal to that board if they don't like the staffs decision. MR. SCOTT: And then ultimately it could be appealed to the BCC in addition to that board. COMMISSIONER SCHIFFER: Yeah, I guess. But the -- and the intent was its a simple way to work out these matters of design and stuff like that. Page 24 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" But anyway, Heidi, check that out and see. Maybe there's a good reason to keep four out if it has conflicting information. But not five. Because it is good to keep the citizens involved. MR. VANASSE: Just for a matter of clarification, Heidi touched upon the MUP administrative approval process. I believe that will be on Page 95 in your copy, line 10, one, administrative approval. You can just give me a nod when you're ready. You've got it? I just want to clarify that the administrative approval process has some criteria here. And what we're saying is essentially there is no discretion when it comes to staff approving uses. les either going to be underlying zoning district uses or supplemental uses within this overlay. You can't add anything else. So you can't add a use that's not already envisioned and vetted. We're vetting this right now. So if you say those are valid uses, you're essentially creating zoning where you're addressing those uses. So it would be -- this overlay would be just like any other zoning district, it would give you uses by right. And when it comes to -- so what we've got outlined here is that they have to meet the site development standards, they can't deviate from those. That they have to only ask for uses that are within here or their underlying district. And they can't be asking for density bonus. If you meet that criteria, it can be done administratively. If you're changing any of those things, you have to go through the MUP process, which includes a public hearing process. COMMISSIONER SCHIFFER: Right, but won't most of the mixed use stuff not be able to go that way because they're going to want residential density, and the neighborhood commercial is mostly on commercial zoning? MR. SCOTT: Yes, it is predominantly. COMMISSIONER SCHIFFER: So you're going to have the public hearing that thing. MR. VANASSE: And the idea was that some projects that have -- or at least discussions with some potential developers was that they wanted to do a smaller project and they were looking for a way that they didn't have to spend big dollars going through the hearing process. And they felt they were consistent with the code. Sothis provides an opportunity to have a less costly, more -- you know, less time-consuming process. Many projects won't be able to use that process. COMMISSIONER SCHIFFER: I'm good. ACTING CHAIRWOMAN AHERN: So Heidi, this whole section you're referring to, you're going to be reviewing and making changes as necessary, and it will come back to us? MS. ASHTON-CICKO: Yes. COMMISSIONER SCHIFFER: So I move to continue. ACTING CHAIRWOMAN AHERN: Thank you. COMMISSIONER SCHIFFER: Move to continue. ACTING CHAIRWOMAN AHERN: So we have a motion. MS. ASHTON-CICKO: Yes, since actually, if I could, since these are the LDC cycle hearings, we need to continue it to a date certain so that we don't have to readvertise. So we'll be continuing it to the May 3rd regular meeting. ACTING CHAIRWOMAN AHERN: Okay. COMMISSIONER EBERT: Ooh, that's next Thursday? MS. CILEK: The packets are already distributed. COMIVIISSIONER SCHIFFER: Yeah, the packets are here, Heidi, you can't -- MS. ASHTON-CICKO: I know, but we're continuing the LDC cycle. You have items listed on the May 3rd agenda that are part of the cycle, okay, so we'll continue it to May 3rd. And then after that we'll be continuing it to May 17th, okay, so that we don't have to readvertise -- COMMISSIONER SCHIFFER: Heidi, on this issue we're just going to not resolve it today, we're going to continue it. And then before we end the meeting, we can continue that. MS. ASHTON-CICKO: Correct... So the LDC cycle is being continued to May 3rd. And then that cycle will be again continued to May 17th. And this one will be'scheduled for May 17th. ACTING CHAIRWOMAN AHERN: So we have a motion from Brad to continue — COMMISSIONER SCHIFFER: Continue this item. MR. VANASSE: As a point of clarification, by having this continued, when we come back to you, are we just looking at the items where we've suggested that either the County Attorney or the Planning Commission has Page 25 of 27 April 2S, 2012 "CCPC/LDC Amendments Special Meeting" suggested changes or is the whole thing open to discussion again? COMMISSIONER SCHIFFER: Here's what I think. I think, and Caroline said she's going to do it, is that you give us a draft of this thing without all the boxes and stuff. CIean draft. And anything you change from this meeting, and you can include the scriveners stuff you were playing with, highlight that somehow. You know, it's not a strike through and underline, it's just if you got smarter since the time we get it, highlight it and we'll work with just that draft, I think will be the best. MS. ASHTON-CICKO: Yeah, so next time you'll get a copy of only the new proposed text and any changes from the text that you saw, and the new part in your package today will be highlighted in yellow. ACTING CHAIRWOMAN AHERN: Correct. MR. VANASSE: I think that's good to have on the record so people understand if other parties come in, and I've got one copy, there's another copy. So its on the record as to why that's going to happen. MS. ASHTON-CICKO: And the entire LDC amendment is open to discussion until there's a vote of approval. COMMISSIONER EBERT: 'I'll second that, Brad. COMMISSIONER SCHIFFER: Thank you. ACTING CHAIRWOMAN AHERN: All those in favor, say aye. COMNIISSIONER SCHIFFER. Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. ACTING CHAIRWOMAN AHERN: Aye. Okay, motion approved 6-0. COMMISSIONER SCHIFFER: Then I move we continue the LDC hearings to May 3rd. COMMISSIONER BROUGHAM: Second. COMMISSIONER EBERT: That's, I thought, what I seconded. ACTING CHAIRWOMAN AHERN: All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMNIISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. ACTING CHAIRWOMAN AHERN: Aye. Motion approved 6-0. Chris, thank you. MR- SCOTT: Thank you. ACTING CHAIRWOMAN AHERN: Okay, Ray, do we have any public comments and any speakers? MR. BELLOWS: No one has registered. ACTING CHAIRWOMAN AHERN: Can I have a motion to adjourn? COMMISSIONER EBERT: I'll second. COMMISSIONER HOMIAK: We can't adjourn, I guess. COMMISSIONER SCHIFFER: We're not adjourning. ACTING CHAIRWOMAN AHERN: We'll continue. **************** Page 26 of 27 April 25, 20X2 °°CCPC/LDC Amendments Special Meeting" There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:05 p.m. COLLIER COUNTY PLANNING COMMISSION M L ' S G. AHE , Aeti Chairman ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on d7bob,)-aspresented /orascorrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 27 of 27 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared by Collier County Planning and Zoning Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XII)(XXX)(XLIV) Policy 2.6: The County has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in the Capital Improvement Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and its supporting Policies 6.1 through 6.7 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier — Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (See Map TR -6). (XV)(XLIV) Policy 2.7: Traffic impacts generated by new development are regulated through the implementation of a 'checkbook' transportation concurrency management system, which incorporates two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). New developments within the TCMAs and the TCEA that commit to certain identified traffic management strategies shall reduce (the TCMAs) the traffic impact mitigation measures that would otherwise be applied to such developments. (XLIV) OBJECTIVE 3: Ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner through Land Development Regulations adopted to implement this Growth Management Plan. (XLIV) Policy 3.1: Land Development Regulations shall be adopted, as necessary, to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes. (XV)(XLIV) Policy 3.9: Land Development Regulations have been adopted into the Collier County -L -and Development, Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process. These include the following provisions: (XV) a. The LDC contains procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 12 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (VII)(IX)(XV) b. The LDC contains provisions that protect environmentally sensitive lands and provide for the retention of open space. This has been accomplished: through the implementation of various zoning districts and zoning overlays that restrict higher intensity land uses in the Rural Fringe Mixed Use District and, which require specific land development standards for the remaining allowable land uses; through the adoption of permanent Natural Resource Protection Area (NRPA) Overlays; integration of State of Florida Big Cypress Area of Critical State Concern regulations into the LDC, and, in part, through implementation of the Rural Lands Stewardship Overlay. This has also been accomplished through the implementation of regulations such as minimum open space requirements, native vegetation preservation requirements, and/or through the creation of incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. (XV) c. Drainage and stormwater management practices shall be governed by the South Florida Water Management District Surface Water Management regulations. (I) d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. (XV) e. Signage regulations in the LDC include frontage requirements for signs, require shared signs for smaller properties, contain definitions, and include an amortization schedule for non -conforming signs. (XV) f. The safe and convenient flow of on-site traffic, as well as the design of vehicle parking areas, are addressed through the site design standards and site development plan requirements of the LDC, which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, and landscaping and buffering criteria. (XV) g. The LDC ensures the availability of suitable land for utility facilities, and other essential services necessary to support proposed development, by providing for the location of public facilities and other essential services in the Public Use Zoning District, and in other zoning districts via the Essential Services regulations. (XV) h. The LDC provides for the protection of historically significant properties through regulations that: provide for an Historic/Archaeological Preservation Board; provide for the identification of mapped areas of historic/archaeological probability; require completion of a survey and assessment of discovered sites; and, provide a process for designation of sites, structures, buildings and properties as historically and/or archaeologically significant. (XV)(XXX) i. The mitigation of incompatible land uses within the area designated as the Airport Noise Area Overlay on the Future Land Use Map shall be accomplished through: implementation of regulations that require sound -proofing for all new residential structures built within the 65 LDN Contour; recording of the legal description of the noise contour boundary in the property records of the County; and, the inter -local agreement with the Naples Airport Authority that requires the County to notify the Authority of all development proposals located within 20,000 feet of the airport that exceed height standards established by the Federal Aviation Administration. Additionally, to address compatibility with the Naples Municipal Airport, Marco Island Executive Airport, Everglades Airpark and Immokalee Regional Airport, the County will implement the following provisions in the Collier County Land Development Code, Ordinance No. 04- 41, as amended: Section 2.03.07C., Airport Overlay (APO); Section 4.02.06, Standards for Development in Airport Zones; and, Appendix D, Airport Zoning. (XXX) = Plan Amendment by Ordinance No. 2013-14 on January 8, 2013 13 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XI)(XV)(XLIV) j. Collier County shall not issue development orders that are inconsistent with the provisions of this Growth Management Plan. Some projects and properties may be inconsistent with densities and land use intensities established in the Future Land Use Designation Description Section of this Element, but these projects and properties have been found to be consistent with this Element via consistency with one or more of Policies 5.11 through 5.15. (XV)(XLIV) Policy 3.3: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 04-41, as amended). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff into a single organizational unit and through streamlining of the review process. (XLIV) OBJECTIVE 4: Continually refine the Future Land Use Element through detailed planning in order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design. (XLIV) Policy 4.1: Planning studies may address specific geographic or issue areas. (XV)(XLIV) Policy 4.2: A detailed Master Plan for the Golden Gate Area has been developed and was incorporated into this Growth Management Plan in February 1991. Subsequent major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report, and in 2002 and 2004 principally based upon recommendations of the Golden Gate Area Master Plan Restudy Committee. The Golden Gate Area Master Plan encompasses Golden Gate Estates subdivision, Golden Gate City, and the Rural Settlement Area formerly known as North Golden Gate. The Master Plan addresses natural resources, future land use, preservation of the Estates' rural character, transportation improvements, other public facilities, and the provision of emergency services. (XV)(XLIV) Policy 4.3: A detailed Master Plan for the Immokalee Urban designated area has been developed and was incorporated into this Growth Management Plan in February, 1991. Major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development. (XV)(XLIV) Policy 4.4: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Marco Island MasterPlan addressed population, public facilities, future land use, urban design, land development regulations, and other considerations. However all lands that were encompassed by the Master Plan are now within the City of Marco Island and are subject to its comprehensive plan and land development regulations. Accordingly, the Marco Island Master Plan has been deleted from the Collier County Growth Management Plan. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 14 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XV)(XLIV) Policy 4.5: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. These Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for Goodlette-Frank Road south of Pine Ridge Road, and for Golden Gate Parkway from US 41 to Santa Barbara Boulevard. The Corridor Management (zoning) Overlay has been adopted into the Land Development Code; it imposes additional development standards and limitations upon properties located along these two road segments. Future Corridor Management Plans may be prepared jointly with the City of Naples as directed by the Board of County Commissioners. The objectives for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport -Pulling Road; C. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport -Pulling Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. (XV)(XXX)(XLIV) Policy 4.6: An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. The detailed inventory of industrial land uses will be periodically updated. (XI)(XV)(XXXVI I)(XLIV) Policy 4.7: Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution No. 01-247, adopted June 26, 2001). c. Access points and turning movements shall be located and designed to minimize interference with the operation of existing and planned interchanges and intersections. d. Developers of lots, parcels, and subdivisions shall be encouraged to dedicate cross - access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure compliance with the above-mentioned standards (a. — c.) (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 15 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 XX)(XLIV) Policy 4.8: The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners. The Bays hore/Gateway Triangle Redevelopment Plan was adopted by the Board on June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport - Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between US 41 North and Goodlette-Frank Road; (XXXVI1) b. US 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. (XI)(XV)(XLIV) Policy 4.9: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated for all public facilities using BEBR's medium range growth rate. Population definitions are provided in Policy 1.2 of the Capital Improvement Element. (1)(XV)(XLIV) Policy 4.10: Pursuant to the Final Order (AC -99-002) issued by the Administration Commission on June 22, 1999, a Rural and Agricultural Area Assessment was prepared between 1999 and 2002. Based upon the findings and results of the Assessment, amendments to this comprehensive plan were adopted in 2002, including establishment of the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. (1)(XV)(XLIV) Policy 4.11: Public participation and input was a primary feature and goal of the Rural and Agricultural Assessment. Representatives of state and regional agencies participated in, and assisted in, the Assessment. During the three-year Assessment and subsequent comprehensive plan amendment process, community input was provided through workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Council and the Collier County Planning Commission. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 16 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 OBJECTIVE 5: (VII)(XLIV) Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. (XLIV) Policy 5.1: Land use policies supporting Objective 5 shall be implemented upon the adoption of the Growth Management Plan. (XLIV) Policy 5.2: Land use policies supporting Objective 5 shall continue to be implemented upon the adoption of amendments to the Growth Management Plan. (XIq(XV)(XLIV) Policy 5.3: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: (XXXII) a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bays hore/Gateway Triangle Redevelopment Overlay. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. (XXXil) c. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the Bays ho re/G ateway Triangle Redevelopment Overlay. (XXV) d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 17 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XV)(XLIV) Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. (VI I)(IX)(XXX)(XLIV) Policy 5.5: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. (XV)(XLIV) Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (VII)(IX)(XV)(XLIV) Policy 5.7: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. (VII)(IX)(XLIV) Policy 5.8: Permit the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. (XLIV) Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. (XV)(XLIV) Policy 5.10: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Home, shall be allowed within the Urban designated area, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 18 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XI)(XV)(XLIV) Policy 5.11: Former Policy 3.1.k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90-23. Where such properties were determined, through implementation of that Ordinance, to be "improved property", as defined in that Ordinance, the zoning on said properties shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. (XI)(XV)(XLIV) Policy 5.12: The zoning on property for which an exemption has been granted based on vested rights, dedication, or compatibility determination, and the zoning on property for which a compatibility exception has been granted, both as provided for in the Zoning Re-evaluation Program established pursuant to former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90-23, and as identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. Such property shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this Policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Additionally, the Copeland, Plantation Island and Chokoloskee Urban areas were exempted from the Zoning Re-evaluation Ordinance. Existing zoning on properties within these communities shall also be considered consistent with the Future Land Use Element. (XV)(XLIV) Policy 5.13: Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. (XV)(XLIV) Policy 5.14: The zoning on properties rezoned under the former Industrial Under Criteria provision, or pursuant to the former provision contained in the Urban -Industrial District that allowed expansion of industrial uses abutting lands designated or zoned Industrial, both as adopted in Ordinance 89- 05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. (1)(XV)(XLIV) Policy 5.15: The properties identified in Ordinance Numbers 98-82, 98-91, 98-94, 99-02, 99-11, 99-19, 99-33, and, 2000-20, were previously located in Activity Centers No. 1, 2, 6, 8, 11 and 18, and were rezoned pursuant to those previous Activity Center boundaries. Ordinance No. 2000-27, adopted May 9, 2000, modified those Activity Center boundaries to exclude those properties. The zoning on those properties shall be deemed consistent with the Future Land Use Element. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 19 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XII)(XLIV) Policy 5.16: Public educational plants and ancillary plants: (XVIII) a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on-site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. (XVIII) b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or [AMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. (XVIII) c. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 ALI Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XVIII) d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or TAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (1) zoning districts. (XVIII) (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF-1 through RSF- 6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (XVIII) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 21 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (2) Ancillary plants are permitted by right in the General Commercial (C-4), Heavy Commercial (C-5), and Industrial (1) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. (XII)(XXX)(XLIV) OBJECTIVE 6: Designate Transportation Concurrency Management Areas (TCMAs) as geographically compact areas where intensive development exists, or such development is planned. (XLIV) Policy 6.1: New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. (XLIV) Policy 6.2: Transportation Concurrency Management Areas have been established and shall be supported in the specific geographic areas described in Policy 2.6 of this Element. (XII)(XLIV) Policy 6.3: Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies, of this Element. (XLIV) Policy 6.4: In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 22 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 h) Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). (XI I)(XV)(XXX)(XLIV) Policy 6.5: In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. d) Providing vehicular access to abutting commercial properties. (XII)(XLIV) Policy 6.6: All rezoning within the Transportation Concurrency Management Areas (TCMAs) is encouraged to be in the form of a Planned Unit Development (PUD). Any development contained in a TCMA, whether submitted as a PUD or non -PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1.1 of the Conservation and Coastal Management Element. (Xil)(XLIV) Policy 6.7: All new development, infill development or redevelopment within a Transportation Concurrency Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conservation and Coastal Management Element. (XII I)(XXX)(XLIV) OBJECTIVE 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 23 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (XXX) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (XV)(XLIV) Policy 7.5: The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This Policy shall be implemented through provisions in specific Subdistricts in this Growth Management Plan. Policy 7.6: The County shall explore the creation of an urban "greenway" network along existing major canal banks and powerline easements. (XXX) Policy 7.7: The Growth Management Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 24 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 2. Residential development shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi -family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150 -room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre. 4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited; however, accessory fuel pumps in association with a grocery store (SIC 5411) or membership warehouse type facility (5311, 5331) greater than 15,000 square feet of GFA are allowed. 5. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. ` The recreational site may include facilities such as a pool, clubhouse, and tennis courts. c. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2. The subject site will be developed with a common architectural and landscaping theme,. to be submitted with the first Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect internal connectivity through shared parking and cross -access agreements. 4. Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 5. At the time of Site Development Plan approval, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1(13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. XVII) 19. Mini Trian le Mixed Use Subdistrict e Mini I rlang e twoclistrict Is acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan (approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 47 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 development of a Catalyst Project and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design_ and Development Standards. In order to accomplish this greater intensity, density, and flexibility irl licabie Site Design and Develo ment Standards, the Mini Triangle evelopment (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 377 multi -family residential units may be permitted. b. A maximum of 228 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) may be permitted. c. A maximum of 200,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. Movie Theatre (multiplex), bowling center, physical fitness facilities,yoga studio, bicycle rental and museums and art galleries; 4. Personal services; 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage, not to exceed 60,000 square feet (SIC Code 4225); 7. New or Used Car Dealerships, not to exceed 30,000 square feet in total (SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e. The MPUD shall establish a maximum trip capacity ("Trip Cap") for the Mini Triangle MPUD based upon "Net New Trips. The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass - by trips and internal capture. f. In order to ensure a mixed use development, the MPUD shall establish the minimum required number of multi -family residential units, the minimum required square footage of a combination of the commercial uses 1. through 4. in paragraph c, above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access, sewer and water lines and facilities, stormwater facilities, surface parking, landscaping, signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, , which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 Add d 2018 with (lV) (I X) (XXV) (XXXI l)(XLV I q F. Bayshore/Gateway Trian le Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future L Ind Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan opted by the Board of County Commissioners on June 13, 2000. The intent of the redevelop nt program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelo ment Area by providina incentives that will encouraqe the private sector to invest in this u an area. This W In mini -tri subdistrict this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: (XLVII) 1. Mixed -Use Development: A mix of residential and commercial uses is.permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses, except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraqed to provide access (vehicular, pedestrian, res areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings or in parking structures that may be below, at, or above grade, with the buildings oriented closer to the major roadway to promote traditional urban development. (XLVII) 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below, or as may be limited by a zoning overlay, or as otherwise provided within the Mini Triangle Subdistrict. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water -dependent and water -related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. (XV)(XXXIi)(XXXVI I)(XLIV)(XLVli) 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport -Pulling Road may be allowed a maximum density of twelve (12) residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in paragraph no. 8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bays ho re/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 140 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). 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, except as may be limited by a future zoning overlay. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. (XV)(XXXI I)(XLIV)(XLVl1) 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport - Pulling Road (west side only) or US 41 East, may be allowed to redevelop as a residential - only project at a maximum density of eight (8) residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units — 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. 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. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. (XV)(XXXII) 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. (XV) 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses,- densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such (XV) (XXX 11) (XL I V) (XLV 11) 8. To qualify for twelve (12) dwelling units per acre, as provided for in paragraph no. 4 above, or as otherwise permitted within the Mini Triangle Subdistrict, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, or in the case of the Mini Triangle Subdistrict, mixed use projects may utilize the design standards set forth in the Mini Triangle Subdistrict and its implementing MPUD zoning. (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 141 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 (XXXII)(XLIV) 9. For density bonuses provided for in paragraphs nos. 4 and 5 above, base density shall be per the underlying zoning district. The maximum density of twelve (12) or eight (8) 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 maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. (XV)(XXXl l)(XLVlI) 10. Only the affordable -workforce housing density bonus, as provided in the Density Rating System, and the density provided for within the Mini Triangle Subdistrict are allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System, except as provided for within the Mini Triangle Subdistrict. (XV)(XXXI I) (XLIV)(XLVI I) 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within the "mini triangle" are not required to utilize this density bonus pool. (XV)(XXXII) 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bays h ore/G ateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. (VIII) G. URBAN -RURAL FRINGE TRANSITION ZONE OVERLAY Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow -way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flowway and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 142 ORDINANCE NO. 2018-23 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE MINI -TRIANGLE MIXED USE SUBDISTRICT TO ALLOW CONSTRUCTION OF UP 377 MULTI- FAMILY DWELLING UNITS, 228 HOTEL SUITES, 150 ASSISTED LIVING UNITS, AND 200,000 SQUARE FEET OF COMMERCIAL USES INCLUSIVE OF 60,000 SQUARE FEET OF SELF -STORAGE AND 30,000 SQUARE FEET OF CAR DEALERSHIP. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20160003084] WHEREAS, Collier County, pursuant to Section 163.3161, et, seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Real Estate Partners International, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Mini -Triangle Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and [16 -CMP -00975/1405905/1] 205 PL20160003084/CPSS-2016-3 — Mini -Triangle SSGMPA 4/10/18 Words underlined are added, words struok through have been deleted. I of 3 WHEREAS, the Collier County Planning Commission (CCPC) on February 15, 2018, March 1, 2018, and April 5, 2018 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on May 8, 2018; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3 184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. 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 shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [I 6 -CMP -00975/1405905/11205 PL20160003084/CPSS-2016-3 — Mini -Triangle SSGMPA 4/10/18 2 of 3 Words underlined are added, words struck through have been deleted. J PASSED AND PPLY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2018. ATTEST: DWIGIJT1 BROOK, CLERK t Jerk Appro ed as to form and legality: Heidi Ashton-Cicko, Managing Assistant County Attorney BOARD OFC TY COMMISSIONERS COLLIER C , FLORI BY: ANDY SOLIS, Chairman Attachment: Exhibit A — Proposed Text Amendment & Map Amendment This ordinance filed with the tary of State's Cif icy e Wre day of and acknowledWqr t14f that filin received t 's�"t day of By op b [16 -CMP -00975/1405905/1] 205 3 of 3 PL20160003084/CPSS-2016-3 — Mini -Triangle SSGMPA 4/10/18 Words underlined are added, words stfuck through have been deleted. � J 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP The purpose and intent of the Mini Triangle Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway riangle Redevelopment Plan (approved on June 13 2000 by Resolution No 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept" The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gatewayangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibili�y in applicable Site Design and Development Standards, the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD'). Development within the Mini Triangle Subdistrict shall be subject to the following; a. A maximum of 377 multi -family residential units may be permitted. K A maximum of 228 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) may be permitted. c. A maximum of 200,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments, 3. Movie Theatre (multiplex), bowling center, physical fitness facilities, yoga studio bicycle rental and museums and art galleries, 4. Personal services; 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage, not to exceed 60,000 square feet (SIC Code 4225 7. New or Used Car Dealerships, not to exceed 30,000 square feet in total (SIC Codes 5511 and 5521); and, 8. An other use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. . 1. e. The MPUD shall establish a maximum trip capacity ("Trip Cap") for the Mini Triangle MPUD based upon "Net New Trips. The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass - by trips and internal capture. f. In order to ensure a mixed use development, the MPUD shall establish the minimum required number of multi -family residential units, the minimum required square footage of a C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\DO2JC06L\Ex. A GMPA 3-26-18_to BCC_FINAL.docx a`'AC combination of the commercial uses 1. through 4. in paragraph c above and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f, shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto nor the installation of any site related infrastructure or other site improvements depicted thereon including but not limited to site access, sewer and water lines and facilities, stonnwater facilities, surface parking, landscaping, siege, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area as applicable, except in the case of building; height, which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. *** *** *** *** *** *** TEXT BREAK******** B. Density Rating System 1. The Density Rating System is applied in the following manner: *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Mini Triangle Mixed Use Subdistrict. 9) The Bayshore/Gateway Triangle Redevelopment Overlay. *** *** *** *** *** *** TEXT BREAK * * * *** *** *** *** 2 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\ContenLOutlook\YI IIJZG5\Ex. A GMPA 3-26-18_tO BCC_FINAL.docx This language was not added until the Mini Triangle project for consistency F. Bayshore/Gateway Triangle Rede lopment Overlay. The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on he Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelo ment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the red velopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelo ment Area by providing incentives that will encourage the private sector to invest in this urb area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: Mixed -Use Development: A Minix of residential and commercial uses anis permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses e, xcept as -otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings or in parking structures that may be below, at, or aboverg ade, with the buildings oriented closer to the major roadways to promote traditional urban development. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below, or a&d exeept as may be limited by a zoning overlay, or as provided within the Mini Triangle Subdistrict. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water -dependent and water -related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport -Pulling Road may be allowed a maximum density of 12 residential units per acre, via use of the density bonus pool identified in paragraph 11; except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards 3 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\YI IiJZG5\Ex. A GMPA 3-26-18_tO BCC—FINAL.docx identified in paragraph no. 8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). 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, except as may be limited by a future zoning overlay. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport - Pulling Road (west side only) or US 41 East, may be allowed to redevelop as a residential -only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11. except that no project may utilize more than 97 units — 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. -In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. 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. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre as provided for in paragraph no. 4 above, or as otherwise permitted within Mini Triangle Subdistrict, mixed use projects within the 4 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\iNetCache\Content.Outlook\Y I l iJZG5\Ex. A GM PA 3-26-18_tO BCC_FINAL.docx Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, or in the case of the Mini Triangle Subdistrict mixed use projects may utilize the design standards set forth in the Mini Triangle Subdistrict and its implementing MPUD zonint; . 9. For density bonuses provided for in paragraphs nos. 4 and 5 above, base density shall be per the underlying zoning district. The maximum density of 12 or 8 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 maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 10. Only the affordable -workforce housing density bonus, as provided in the Density Rating System, and the density_ provided for within the Mini Triangle Subdistrict4s are allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System, except as provided for within the Mini Triangle Subdistrict. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within T the "mini triangle" eft prefieeF is are not subjee-t required to utilize this density bonus pool. 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** Future Land Use Map Mixed Use & Interchange Activity Centers Maps Properties Consistent by Policy (5.11, 5.12, 5.13, 5.14) Maps Collier County Wetlands Map *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** Davis — Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 C:\Users\kathynelicrotteau\AppData\l.ocal\Microsoft\Windows\INetCache\Content.Outlook\YI IIJZG5\Ex. A GMPA 3-26-18_to BCC_FINAL.docx T46S T47S 1 T46S r -T-49-S- I T50S T51S NI • a 10 of 0, it MUM 8n d 111 X11® 1011IC11110� ,€ y��5�eyp�g �e U nii��i E ` € fn � Jill Dome 111 1 n11111H � N o Q L 5 1O A. �> C WUWP.of ,—j LoN �aVO LU N o aWax N 5» � N ZC4 < U c >� W W I— O J v NW N jU) N LU W-' � W c� w U =SON wpm N F" O~J< �pU LL T46S T47S T 52 S —�— T 53 S i c o A Vl T49 T50 T51S _ $e.10 z, ��osw tt o�z'"--z'.«< o^P_°z 7. az oz`u gi' z"oz oz'oz -z 0 0 w 0 ° w ° o 0 0 o w ° Wow �odwo Z6 �`o 000 log oo Ba w;waw;oeoo°ao� �o°ao �b°oda: �o=a�aw°w o i o i 2 o i z zaz°° ° '� z ioi is z°`i 'i w w i c o A Vl T49 T50 T51S EXHIBIT A PETITION PL20160003084/ CPSS-2016-3 LEGEND PREPARED BY: GIS/CAD MAPPING SECTION GROWTH MANAGEMENT DEPARTMENT 0 137.5 275 550 Feet Subdistrict FILE: CPSS-2016-3 MAP.mxd DATE: 1/23/2018 ij—T—i—i—j—' i1E._trj v , s FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor May 11, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-23, which was filed in this office on May 11, 2018. Sincerely, Ernest L. Reddick Program Administrator ELRJlb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us CHAPTER 1 GENERAL PROVISIONS 1.01.00 - TITLE This Code shall be known as the "Collier County Land Development Code" and may be cited and referred to herein as the "LDC." Citation to provisions contained in this LDC shall be referenced as "Section 1.02.00 - AUTHORITY The Board of County Commissioners of Collier County has the authority to prepare, adopt, and enforce this LDC pursuant to article VIII, § 1(f), Fla. Const., § 125.01 et seq., F.S. § 163.3161 et seq. F.S. §§ 163.3201 F.S. § 163.3202 F.S., Chapter 9J-5, F.A.C., and such other authorities, and provisions established in statutory or common law. 1.03.00 - RULES OF CONSTRUCTION 1.03.01 - Generally A. In construction and interpretation of the language of these regulations, the rules established in this Chapter shall be observed unless such construction would be inconsistent with the manifest intent of the BCC as expressed in the Collier County GMP. B. The rules of construction and definitions established herein shall not be applied to any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto. These rules of construction apply to this LDC and to any laws, codes and rules adopted by reference that do not have specific rules of construction. If any law, code or rule, now or hereafter, adopted herein by reference has specific rules of construction, those rules of construction shall supersede the rules of construction contained in this Chapter to the extent of any inconsistency or conflict with this Chapter. C. All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the BCC may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this State for the same terms. D. In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or anyl other law or regulation in effect in Collier County, Florida, imposes greater restrictions +_ , .; ,J �ubject matter than any other provision of these regulations, the GMP, or any other la,..t , regulation in effect in Collier County, Florida, the provision imposing the greater restri( �Ji regulation shall be deemed to be controlling. E. In all circumstances, the provisions of these regulations shall be interpreted and construed to be consistent with the GMP. Where any provision(s) of these regulations are determined to be in conflict with the GMP, the GMP shall control. 1.03.02 - Meaning of Text and Graphics A. The term "written" or "in writing' shall be construed to include any representation of words, letters, or figures whether by printing or other form or method of writing. B. In case of any difference of meaning or implication between the text of this LDC and any figure, the text shall control. C. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," "either ... or," the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 3. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 - Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. C. The word month shall mean 30 calendar days, unless a calendar month is indicated. D. The word "week" shall be construed to mean 7 calendar days. E. The word "year" shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 - Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 - APPLICABILITY 1.04.01 - Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure , or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district as the case may be, and shall apply uniformly to each class or kind of structure , use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 - Applicability to Previously Established Time Limits A. Anytime limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 - Exceptions A. Previously issued building permits. The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders . The provisions of this LDC shall not affect the types, densities and intensities of land uses or the yard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 - Reserved Editor's note— Ord. No. 08-63, § 3.A, adopted October 30, 2008, repealed § 1.04.04, which pertained to reduction of required site design requirements. See also the Code Comparative Table. 1.04.05 - Relationship to Growth Management Plan The adoption of this LDC is consistent with, compatible with and furthers the goals, policies, objectives, land uses, and densities or intensities contained and required in the GMP, and it implements and directly advances the goals, policies and objectives of the GMP. The Board of County Commissioners of Collier County hereby declares and affirmatively states that in the event that any land development regulation, this LDC, or any provision hereof or amendment hereto is not consistent with the adopted Collier County GMP, as amended, the provisions of the Collier County GMP, as amended, shall govern any action taken with regard to an application for a development order or other activity. Furthermore, any land development regulation, this LDC, or any provision hereof or amendment hereto shall be interpreted, construed and implemented in such a manner which will make it most consistent with the Collier County GMP, as amended. 1.05.00 - FINDINGS, PURPOSE, AND INTENT 1.05.01 - Purpose and Intent A. It is the purpose of the Board of County Commissioners of Collier County to establish the standards, regulations and procedures for review and approval of all proposed development of property in unincorporated Collier County, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the GMP. B. In order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the unincorporated areas of Collier County, it is the intent of this LDC that the development process in Collier County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of Collier County. C. The Board of County Commissioners deems it to be in the best public interest for all property and development to be conceived, designed, built, and used in accordance with good planning and design practices and the minimum standards set forth in this LDC. D. It is the intent and purpose of this LDC to establish and adopt comprehensive zoning regulations governing the use of land and water in the unincorporated areas of Collier County, Florida. These regulations are based on a comprehensive plan for future development, and are enacted to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the County. E. This LDC intends to accomplish and to provide for efficiency and economy in the process of future development and redevelopment; appropriate use of land; preservation, protection, conservation, and development of the natural resources of land, water and air; convenience in circulation of traffic for the transport of people, goods, and commodities; protection of persons and property in floodways and floodplains ; healthful and convenient distribution of population; adequate and continuously maintained public facilities and utilities; promotion of amenities, both public and private, to maintain and improve the quality of life for all residents; and development consistent with the GMP F. In order to ensure that all development in unincorporated Collier County is consistent with the Collier County GMP, it is necessary and proper to establish a series of zoning districts to ensure that each permitted, accessory and conditional use is compatible with surrounding land uses, served by adequate public facilities, and sensitive to natural and coastal resources. sign regulations, off-street parking and loading regulations, landscaping regulations, and other regulations that control the use of land in each zoning district. All development within each zoning district shall be consistent with the purposes and regulations stated for that zoning district in Chapter 2. 1.06.00 - RULES OF INTERPRETATION 1.06.01 - Responsibility for Interpretations A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. Generally. An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub -issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant , affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant . c. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or ORDINANCE NO. 14 - 33 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 ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER RESIDENCES, SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF Page 1 of 59 Words st-mck thFOLIgh are deleted, words underlined are added PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0602S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR -84) FROM AIRPORT -PULLING ROAD (CR -31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, 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 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 the first amendment cycle for the calendar year 2014; 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 June 24, 2014, and July 8, 2014, and did take action concerning these amendments to the LDC; and Page 2 of 59 Words struck thraug# are deleted, words underlined are added 0 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 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act'), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the ado 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 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. Page 3, of 59 Words stpu !moo # are deleted, words underlined are added 1i�. 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 �nd if it meets all other criteria enumerated by the local governmental 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth Page 4 of 59 Words struck -through are deleted, words underlined are added :ACJ 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 * * * * * * * * * * * Guest—house or- cettage: An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities. Guesthouses OF Gettages are not permitted in development that is receiving an AHDB. (See LDC section{s} 4.01.02, 5.03.03 and 2.05.02) for additional information. * * * * * * * * * * * Kitchen, primary: A room in a principal dwelling or guesthouse which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten. See LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses. Kitchen, secondary: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. See LDC section 4.01.02 Kitchens in Dwellinq Units and Guesthouses. * * * * * * * * * * * Lot, corner: A lot located at the intersection of two or more streets. In the case of corner lots, the front vard with the shorter street frontaae shall establish the reauired minimum lot width. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. Page 5 of 59 Words stmek through are deleted, words underlined are added The following notice procedures are required: a. Mailed Notice, sent by the applicant. 2. The following advertised public hearings may be required: a. If a written objection is received, one BCC or Hearing Examiner hearing. U. Automobile Service Station Waiver pursuant to 5.05.05; and Alcohol Beverage Distance Waiver pursuant to 5.05.01, -and -PEs D. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. a -b. Newspaper Advertisement prior to the advertised public hearing. V Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.5. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. C. Posting of a sign prior to the advertised public hearing. �C 7C fC 7f !C !� jC 7C 1C !i X 7k 7G SECTION FOUR: ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS The amended Zoning Map Number 0502S attached as Exhibit A is hereby adopted. Page 58 of 59 Words strueli through are deleted, words underlined are added SECTION FIVE: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 shall not affect the validity of the remaining portion. SECTION SIX: 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 SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of July, 2014. ATTEST: DWf&H E. BROCI CrLERK Affect a.,tao,:hf f malllputy Clerk simiture only. Approved as to form and legality: A �4 kLA Heidi Ashton-Cicko Managing Assistant County Attorney 04 -CMD -0107711058 (7/8/14) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This ordinance filed with the S ntary of State's office the day of -' �J, � , and acknowledgernen fhthat filin r ceived his day of By D�PNh ak Page 59 of 59 Words strueli through are deleted, words underlined are added CJ1( 6e. r' '5. : It e `fir. FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor July 14, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-33, which was fled in this office on July 14, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us 2.03.07 - Overlay Zoning Districts A. Corridor Management Overlay (CMO). The purpose of the (CMO) district is to supplement existing zoning regulations for properties bordering Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frank Road south of Pine Ridge Road. The CMO district will implement the urban design concepts developed in the corridor management study for Goodlette-Frank Road and Golden Gate Parkway. These regulations recognize that two (2) separate jurisdictions govern land uses in these corridors and are designed to develop greater consistency in design standards between Collier County and the City of Naples. These regulations apply to all properties adjacent to the rights-of-way of Goodlette-Frank Road from U.S. 41 to Pine Ridge Road and Golden Gate Parkway from U.S. 41 to Santa Barbara Boulevard as measured perpendicular from the abutting right-of-way for a distance of 330 feet. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. B. Mobile home Overlay (MHO). The (MHO) district is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is intended that mobile homes allowed under this section shall be erected only in the Rural Agricultural district and only when the requirements and procedures of this section are met. C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both airspace protection and land use compatibility in relation to the normal operation of public -use airports located within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing and future public -use airports and heliports in the County. The purpose and intent of these regulations shall be as follows: To attempt to promote maximum safety of aircraft arriving at and departing from all public -use airports located within the County; a. To attempt to promote maximum safety of residents and property within areas surrounding public -use airports located within the County; b. To attempt to promote full utility of the public -use airports within the County; c. To provide development standards for land uses within prescribed noise zones associated with the normal operation of public -use County airports ; d. To provide building height standards for use within the approach, transitional, horizontal, and conical zones so as to encourage and promote proper development beneath such areas; e. To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; and f. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on the airport zoning maps of the County. Lands lying within various zones as indicated on the airport zoning maps are subject to the additional regulations set out in this section. D. Special Treatment Overlay (ST). Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches , estuaries, cypress domes, natural Page 1 Purpose and intent. It is the intent and purpose of the restricted parking overlay district (RP) to allow residents within a subdivision in Collier County to prescribe stricter regulations governing the parking of commercial and/or major recreational equipment than is provided under the minimum requirements set forth in this zoning code. This district is intended to apply as an overlay district for areas or portions of areas which are zoned for residential uses. The purpose of this section is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and the free flow of air currents, and to maintain the lasting values and amenities of the neighborhood. Establishment of zoning classification. A zoning overlay district, to be known as the restricted parking overlay district, and to be designated on the official zoning atlas by the symbol "RP" in conjunction with the basic residential symbol, is hereby established. Procedure for establishing district. Upon petition to the Board of County Commissioners, signed by a minimum of 100 property owners or 50 percent of the property owners, whichever is the lesser, in the proposed district, platted subdivision , or a voting precinct comprising a homogeneous zoning area, the Board of County Commissioners may revise the boundaries of the district and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the district voting in the next general election held specifically for the implementing ordinance. The election permits a choice by the elector if in favor of or opposed to the regulations adopted by the implementing ordinance. N. Gateway Triangle Mixed Use Overlay District (GTMUD). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human - scale, pedestrian -oriented, interconnected projects that are urban in nature and include a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed-use buildings , an interconnected street system, and connections to adjacent neighborhoods. When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel . This District is intended to: revitalize the commercial and residential development ; promote traditional urban design; encourage on street parking and shared parking facilities; provide appropriate landscaping and buffering ; and protect and enhance the Shadowlawn residential neighborhood. Applicability. 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. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Gateway Triangle Mixed Use District requirements. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center Page 56 I 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). Property owners may establish uses, densities and ®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: Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian -oriented commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi- story with uses mixed vertically, with street level commercial and upper level,'office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. ii. Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non- residential uses in a walkable context. Use Categories and Table of Uses. All uses permitted in the GTMUD subdistricts have been divided into nine general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant : Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) 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 . ii. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may Page 57 determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD-MXD subdistrict, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses. Table 2. Table of Uses for the Gateway Triangle Mixed Use District Subdistricts USE TYPE GTMUD SUBDISTRICTS ADDITIONAL STANDARDS R MXD a) RESIDENTIAL 1) Dwelling, Single -Family P P 4.02.16.0.2 missing IF2) Dwelling, Duplex + P P 3) Dwelling, Two -Family P P r 4) Dwelling, Rowhouse P P 5) Dwelling, Multi -Family (3 or more) P P 6) Dwelling, Mobile Home p* *If ermitted 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 /pj 5.03P03 II 4.02.16 C.6 If these apply autvmaticaiiy why restate here? Page 58 )using 10) Artist Village CU IS 4.02.16 C.3. If the a apply auto atically b) LODGING why ri here . 1) Bed & Breakfast Facilities CU CU 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 1 CU 15) Vehicle Services - Maintenance/Repair CU 5.05.04 - grp hsing missing Page 59 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 1 CU 15) Vehicle Services - Maintenance/Repair CU 5.05.04 - grp hsing missing Page 59 16) Veterinarians Office P 17) Video Rental P d) RETAIL/RESTAURANTS 1) Auto Parts Sales P 2) Bars/Tavern/Night Club P 5.05.01 -alcohol bev missing 3) Drive Thru Retail/ Restaurant P 4) Gas Station with Convenience Store P 5.05.05 5) Neighborhood Retail - <2,000 sf P 6) General Retail - <15,000 sf P 7) General Retail - >15,000 sf I P 8) Restaurant P 9) Shopping Center CU 10) Vehicle/Boat/Heavy Equipment Sales P e) ENTERTAINMENT/RECREATION 1) Gallery/ Museum P 2) Meeting Facility Cu P 3) Cultural or Community Facility Cu P 4) Theater, Live Performance P 5) Theater, Movie CU 6) Recreation Facility, Indoor I P Page 60 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P 9) Amusements, Outdoor CU CU 10) Community Garden I P P 4.02.16 C.S. f) MANUFACTURING/WHOLESALE/STORAGE 1) Boat Yards CU 4.02.16.C.7 missing 2) Laboratory - Medical, analytical, research P 3) Laundries and Dry-cleaning 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 conjunction CU with a Nursery g) CIVIC/INSTITUTIONAL 1) College/University CU 2) Educational Plant P P 3) Hospital CU Page 61 4) Membership Organizations ( ( P 5) Public Safety Facility CU 6) Religious Institution CU CU 7) Schools - Elementary and Secondary 8) Schools - Vocational and Technical CU h) INFRASTRUCTURE 1) Automobile Parking Facilities 2) Boat Launch 3) Essential Services 4) Marinas 5) Transit Station 6) Wireless Telecommunication Facility P 4.02.16.C.1 ? missing P P missin P 5.05.02 & 4.02.16.0 7 & Manatee Protection Ian CU cU I 5.05.09 missing Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD- NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. Page 62 4.02.01- Dimensional Standards for Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. Zoning District i GC Minimum Lot Area (square feet) None Minimum Lot Width (linear feet) None Maximum Building Coverage N None A 217,800 165 None E 98,010 150 None RSF-1 43,560 150 None RSF-2 RSF-3 20,000 10,000 120 Corner lot Interior lot 9 + 5 80 None � None RSF-4--7 { 7,500 75 _ 70 None RSF-5 6,000 70 60 None RSF-6 6,000---7W�70� 60 None RMF -6 S.F. Duplex 3+ units 6,500 12,000 5,500 per unit 60 80 100 None RMF -12 43,560 150 None RMF -16 43,560 150 None F -'T 43,560 150 { None VR S.F./MH Duplex 6,000 10,000 43,560 60 100 150 None M.F. 1--F Minimum MH 6,000 60 None TTRVC Park site lots 20 acres 800 Travel trailers/Park models 40 Campsites 30 None C-1 ( 20,000 ( 100 None C-2 15,000 150 None C-3 10,000 75 None C-4 10,000 100 None C-5 V � 10,000 100 None I 20,000 100 None BP Park site lots 35 acres 20,000 100 45 CON ` 217,800 150 None P i None None None CF 10,000 80 None Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Maximum Minimum Minimum Floor Area of Floor Area Building Distance Zoning District Buildings Ratio Height Between (square feet) (%) (feet) Buildings GC 35 None None None A 35 None 550 None E 30 None 1,000 None RSF-1 35 ! None 1 -story 1,500 2 -story _ 1,800 None RSF-2 _ 35� None 1,50--- 0--( 1,800 i None RSF-3 35 None 1,000 1,200 None RSF-4 35 None I 800 1,200 RSF-5 35 -F No n;T 600 1,200 None RSF-6 35 None 600 800 None RMF -6 35 A -T 750 None RMF -12 50 A Efficiency 450 1 BR 600 2+ BR 750 None RMF -16 75 A Efficiency 450 1 BR 600 2+ BR 750 None RT 10 stories, not to exceed 100' A 300 (max. for hotel units = 500') None VR S.F. 30 MH 30 Duplex 30 M.F. 35 None None None B None None MH 30 None ( None None TTRVC 30 10 None None C-1 35 I I None 1,000 (ground floor) None C-2 35 I—A 1,000 (ground floor) None C-3 50 None ^ i 700 (ground floor) l None Hotels .60 C-4 75 A 700 (ground floor) Destination resort I .80 t �............._...----------..,.........Hotels ._ 60 _ ! C-5 35 A ( 700 (ground floor) Destination resort I 1,000 None I 50 A BP 35 A 1,000 None CON 35 None None None P C I None None None CF Tower /antennas 40 D 1,000 (ground floor) None Other 30 Overlay See table of special design requirements applicable to overlay districts. ' Districts _....._......,._.....,.,..,...:.---._.._......_ ........... -._._................. .......... A = 50% of the sum of the heights of the buildings , but not less than 15 feet. 6 = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. Principal Structure Minimum Yard ( Setback ) Requirements: Table 2.1, below, provides the minimum yard requirements for principal structures on conforming lots of record in base zoning districts. The following shall apply for all other lots: Corner Lots : Corner lots shall have front yards along each street frontage . The other yards shall be considered side yards . See LDC section 2.03.01 for Estates setbacks . b. Nonconforming Lots of Record : Minimum yard requirements for nonconforming lots of record are provided in LDC section 9.03.03 A. Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot , with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of- way easement line. Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements GC None None None A 50 30 50 x E 75 -F 30 75 x RSF-1 + 50 30 50 x RSF-2 40 20 30 x RSF-3 30 Waterfront 10 Non- waterfront 7.5 25 x RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 ( x RSF-6 25 10 7.5 20 x [RWT6S.F. 25 10 7.5 20 x Duplex 25 3 + units 30 10 15 10 15 20 20 RMF -12 30 I a 30 x RMF-16 b a ___-F b x RT b a ---�_ b x VR SF./MH 20 Duplex 35 Waterfront 10 15 Non - waterfront 15 20 30 x M.F. 35 15 15 30 MH 1 25 Waterfront 10 Non - waterfront 7.5 10 x TTRVC z 10 Waterfront 10 Non- waterfront 5 Waterfront 10 1 Non- waterfront 8 G1 25 Residential 25 Non-residential 15 Residential 25 Non-residential 15 x C-2 _ 25 25 15 25 15 x c _ 25 a.� 25 a -` x F _ C-4 4 d 25 a_ _ 25 a W x C-5 4 25 25 15 25 15 x 14 25 I 50 e 50 15 x BP 50 50---T 10 50 25 - CONS 50 I 50 � 50 50 50 - P f f f f _F f x CF 25 Residential 25 Non-residential 15 I Residential 25 Non-residential 15 x Overlay See table of special design requirements for the applicable overlay district located in the Districts appropriate section for that district in chapter 4. MH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15ft. 2 TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; setback from any building or other structure = 10 ft. 3 C-3 District - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none. 4 C-4, C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none; setback on any side adjacent to a railroad right-of-way = none 5 Any non -conforming platted lot of record in the CON District that existed before November 13, 1991 will be subject to the following standards: Front yard: 40 feet. Side yard: ten percent of the lot width, but no more than 20 feet on each side, Rear Yard: 30 feet. a = 50% of the building height, but not less than 15 feet. b = 50% of the building height, but not less than 30 feet. c = 50% of the building height, but not less than 25 feet. d = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. f = the yard requirements shall be equal to the most restrictive adjoining district. x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. B. Open space requirements. Usable open space shall be provided as follows, except as required in the Rural Fringe Mixed Use District within the Future Land Use Element of the Growth Management Plan. 1. In residential developments , at least 60 percent of the gross area shall be devoted to usable open space . This requirement shall not apply to individual single-family lots less than 2.5 acres in size. 2. In developments of commercial, industrial and mixed use including residential, at least 30 percent of the gross area shall be devoted to usable open space . This requirement shall not apply to individual parcels less than five acres in size. 3. Historical/archaeological resources that are to be preserved may be utilized to satisfy required setbacks , buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological resources shall qualify for any open space requirements mandated by the development regulations. C. Specific Requirements for Uses Involving Shopping Carts. When the operating characteristics of a duly authorized business require the utilization of shopping carts by customers, provision shall be made for outside storage areas to be illustrated on a site development plan , and said shopping carts shall be collected at the close of business each day and stored at the front of that business establishment. It shall be the responsibility of the merchant to collect any and all shopping carts that stray from the premises upon which they are intended to be utilized. A name -plate on a shopping cart shall be prima facia evidence of ownership. D. Exemptions and exclusions from design standards. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts do not apply to infrastructure in support of the building , such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, communications towers , water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures , silos, windmills, airport control towers , or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: a. Structural elements shall be no higher than necessary to accomplish the purpose it is intended to serve. b. The aggregate area of structures or appurtenances shall not exceed one-third the area of the supporting roof. c. Where this section conflicts with section 5.05.08, the provisions of section 5.05.08 will control. d. The heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports . (See section 2.03.07 C.). 2. In instances where off- street parking is provided within the principal structure , the County Manager or designee may waive the maximum height requirements to the extent necessary to permit off- street parking within the principal structure , provided however: (1) the number of off- street parking spaces required by this LDC for the use involved may not be reduced; (2) the waiver in height shall not be greater than that necessary to provide for the off- street parking within the principal structure , with a maximum of two parking levels; (3) the waiver of the maximum height requirements are compatible with the uses on adjacent properties; and (4) for each off- street parking space permitted within the principal structure for which the maximum height waiver is granted, 300 square feet of additional open space beyond that which is otherwise required by this LDC shall be provided. 3. Every part of every required yard shall be open and unobstructed from thirty (30) inches above the general ground level of the graded lot upward to the sky except as hereinafter provided or as otherwise permitted in this LDC. 4. Sills and other architectural and design treatments shall not project over twelve (12) inches into a required yard . 5. Movable awnings shall not project over three (3) feet into a required yard , provided that where the yard is less than five (5) feet in width the projection shall not exceed one-half (1/2) the width of the yard . 6. Window- or wall -mounted air conditioning units, chimneys, fireplaces, bay windows, or pilasters shall not project over two (2) feet into a required yard . 7. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted within this section) and unenclosed shall not project over five (5) feet into a required side or rear yard and three (3) feet into a front yard of a multi -family dwelling , hotel or motel and not over three (3) feet into a required front, side or rear yard of a single-family residential dwelling . Regardless of the extent of encroachment, the minimum requirement for separation of structures shall be maintained. 8. Hoods, canopies, or roof overhangs shall not project over (3) three feet into a required yard , but shall not come closer than one (1) foot to the lot line . 9. Fences, walls and hedges, subject to section 5.03.02, ground mounted air conditioners, unenclosed pool equipment and well pumps, are permitted in required yards , subject to the provisions of section 4.06.00. This includes air conditioners that are ground mounted and those required to be elevated to meet flood elevation, including their supporting structures , provided the minimum separation of structures is maintained. 10. Cornices, eaves or gutters shall not project over three (3) feet into a required yard , provided that where the required yard is less than six (6) feet in width, such projection shall not exceed one-half ('/2) the width of the yard . 11. Except as otherwise provided by this LDC, when lots on both sides of an undeveloped recorded lot contain a residential structure whose front yard setback is less than is now required, the average of the setbacks of the two (2) contiguous developed lots shall serve to establish the minimum front yard requirement for the vacant lot. 12. In commercial, industrial and multi -family residential developments , carports which are open on all sides may encroach into the required yards provided they do not encroach into the required landscape buffers , as required by this LDC; and furthermore, if the landscaping is deficient where the carports are proposed, the landscaping must be upgraded to comply with the LDC requirements to the greatest extent possible prior to the issuance of a building permit for said carports. This shall be accomplished by a site development plan amendment or a site improvement plan approval. 13. Permanent emergency generators may be placed within the rear yard with a 10 -foot rear yard setback. Permanent emergency generators may encroach into side yards up to 36 inches. Generators are not permitted to encroach into required front yards. Above -ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. a. Facilities with fuel pumps. Permanent emergency generators and related fuel storage installed at existing facilities with fuel pumps may encroach into any required side or rear yards, provided the encroachment does not create a hazard to pedestrian or vehicular traffic. b. Assisted living facilities and nursing homes. Permanent emergency generators and related fuel storage installed at existing assisted living facilities or nursing homes that are subject to LDC section 5.05.04 E. may encroach into any required side or rear yards or buffers, provided the encroachment does not create a hazard to pedestrian or vehicular traffic. (Ord. No. 04-72, § 3.L; Ord. No. 05-27, § 3.P; Ord. No. 07-67, § 3.I; Ord. No. 10-23, § 3.Q; Ord. No. 12-38, § 3.J; Ord. No. 14-33, § 3.I; Ord, No. 18-18, § 3.G; Ord. No. 18-32, § 3.A) 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area 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 building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 1. Dimensional Requirements in the BMUD-NC Notes: t See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 5 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 House 1 Rowhouse 2 Apartment Mixed -Use Commercial Civic & Institutional Min. Lot Width (ft) 50 25 3 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 4 42 42 42 56 56 42 Notes: t See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 5 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., Building Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUD-W Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 3. Residential Subdistrict(BMUD-R1). a. Specific District Provisions: L Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUD-R1 House 1 Rowhouse 2 Apartment Mixed -Use Commercial Civic & Institutional Min. Lot Width (ft) 50 25 3 100 100 100, 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 4 42 42 42 56 56 42 Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 3. Residential Subdistrict(BMUD-R1). a. Specific District Provisions: L Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUD-R1 House Rowhouse 2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min, Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 4 35 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3 Applies to individual unit. 4 Zoned Height of Building. 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 1 Rowhouse 2 Apartment Civic & Institutional Min. Lot Width (ft) 50 25 3 100 100 Min. Front Yard (ft) 25 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 4 35 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3 Applies to individual unit. 4 Zoned Height of Building. 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-113 Notes: 1 See 4.02.16.A,7 regarding Duplexes, 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 6. Residential 4 Subdistrict (BMUD-R4). House 1 Mobile Home Rowhouse z Apartment Civic & Institutional Min. Lot Width (ft) 40 40 25 3 100 100 Min. Front Yard (ft) 10 25 10 10 10 Min. Side Yard (ft) 5 7.5 5 7.5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per unit n/a Min. Building Separation n/a n/a n/a 10 10 Max. Building Height (ft) 4 35 30 35 35 35 Notes: 1 See 4.02.16.A,7 regarding Duplexes, 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 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 building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 6. Dimensional Requirements in the BMUD-R4 Notes: 1 See 4.02.16.A.7 regarding Duplexes. z Zoned Height of Building. 7. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Rowhouse , Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. c. Duplexes , where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 50 feet. d. Two Family dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. 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 House Civic & Institutional Min. Lot Width (ft) 50 100 Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Floor Area (sq ft) 1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft) z 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes. z Zoned Height of Building. 7. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Rowhouse , Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. c. Duplexes , where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 50 feet. d. Two Family dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. 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 project into any required setback up to 5 feet from the property line. v, Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2. vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas . Parapets on a flat roof shall be no more than 5 feet in height at its highest point. EDJimensional and Design Standards for the GTMUD. Mixed Use Subdistrict (GTMUD-MXD). a, Specific District Provisions: L 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 Notes: 1 See 4.02.16.6.3 regarding Duplexes. zSee 4.02.16.13.3 regarding Two -Family Dwellings. 3 Applies to individual unit. 4 Zoned Height of Building. House 1 Rowhouse 2 Apartment Mixed -Use Commercial Civic & 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 changed froin 5 LDC which 15 Min. Waterfront Setback (ft) 25 25 25 said "ground 2s%ys "per ur floor" now W5 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 4 42 42 42 567 567 42 Notes: 1 See 4.02.16.6.3 regarding Duplexes. zSee 4.02.16.13.3 regarding Two -Family Dwellings. 3 Applies to individual unit. 4 Zoned Height of Building. 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 6 Development in the Mini -Triangle Area of the GTMUD-MXD subdistrict shall have a maximum setback of 20 feet. 7 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). a. Specific District Provisions: i. Maximum Density is based on maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D, Building Types and Architectural Standards. Table 8. Dimensional Requirements in the GTMUD R Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 3. Exceptions to Dimensional Requirements: a. For infill lots , the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or party wall, is provided. c. Duplexes , where permitted, are subject to dimensional standards for a house building type, but shall have a House 1 Rowhouse Z Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 4 35 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two -Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 3. Exceptions to Dimensional Requirements: a. For infill lots , the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or party wall, is provided. c. Duplexes , where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: L Front porches in the GTMUD - R subdistrict that comply with the design criteria of section 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, stairs and raised doorways are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2 vii. Non-structural accessory uses , such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, 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 building types and minimize adverse impacts to surrounding properties. 1. Accessory Parking Zones. a. Lots adjacent to the Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W) and Mixed Use (GTMUD-MXD) Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the Collier County Zoning Map, may be used for off street parking or water retention and management areas, in the following manner: 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 property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage, swimming pool or guesthouse . a. Ownership of an accessory structure shall not be transferred independently of the primary residence. b. Accessory building(s) , excluding swimming pools and screen enclosures, may be located on up to 30 percent of the side or rear yards . For the purposes of this provision, the yard shall be the area between the principal structure and the side or rear property line. c. The maximum area of a guesthouse is 750 square feet, limited to 1 habitable floor; the minimum area is 500 square feet. d. The guesthouse must be of new construction and must meet National Flood Insurance Program (NFIP) first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. e. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: 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 maximu 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 in the front yard with the longer street frontage . Accessory structures shall be setback a minimum of 10 feet from the rear property line and shall have the same side setback as required for the principal structure for the overlay subdistrict in which it is located. 3. Artist Village. a. Artist village is limited to the housing of artists, such as painters, sculptors, jewelry makers, in one or more multifamily attached dwellings , clustered single-family detached dwellings, or a combination thereof. b. Dwellings shall not be leased for periods less than 30 days. c. Artist village consisting of clustered, single-family detached dwellings , shall be designed consistent with the provisions for cluster residential design in section 4.02.04. d. Shared studio and/or gallery space shall be provided for the use of all residents of the artist village . 4. Bed and Breakfast Facilities. a. Minimum number of guest rooms or suites is 2 with a maximum number of 6. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. b. No cooking facilities shall be allowed in guest rooms. c. Separate toilet facilities for the exclusive use of guests must be provided. At least 1 bathroom for each 2 guestrooms shall be provided. d. Parking: 2 spaces plus 1 space for each bedroom. All other applicable provisions of this LDC relative to parking facilities shall apply. e. Signage: 1 sign with a maximum 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. 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 setbackrequirements for the subdistrict in which it is located. ii. All plantings shall be setback a minimum of 10 feet from the street right-of-way and five feet from the rear and side property lines. f. Operating Procedures: A community garden must have a set of operating rules addressing the following: L Identification of, and contact information for, a garden coordinator to perform the coordinating role for the management of the community gardens; ii. Maintenance and security requirements and responsibilities; iii. Identification of how garden plots are assigned in a fair and impartial manner. 6. Live -Work Units. a. All live -work units must fully comply with any and all Building Code requirements. b. The non-residential use areas shall meet accessibility requirements of the applicable Building Code (including site access and parking) and be oriented to the street. c. Size: The live -work unit shall have a minimum total size of 1,000 square feet and a maximum total size of 3,000 squar stories in height. The non-residential use area must occupy less than 50 percent of total unit. d. The same individual(s) must occupy the non-residential use area and living area. e. The live -work unit may employ a maximum of 1 non-resident worker/employee on premise at any one time. 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 . 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. ii. Live -work units approved as a conditional use in a residential subdistrict (BMUD-R3 and GTMUD-R) shall be limited to non-residential uses including artist studio, professional office, professional service such as hair salon or tailor, or any other use deemed to be similar in nature by the BZA during the conditional use process. Non-residential uses may include ancillary retail, such as galleries selling artwork and hair salons selling hair products. iii. Prohibited uses include Vehicle Maintenance or Repair, Entertainment, Drinking and Public Eating Establishment, the sale of food and beverages, Sexually -Oriented Businesses, veterinary services, and activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. h. Parking: 1 parking space per 500 square feet of the non-residential portion of the live -work unit plus 1 space for the residential unit. 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 adjacent residential lots and shall not be visible from Bayshore Drive. c. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. d. Height of structures may be increased to a maximum actual height of 50 feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. e. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: L All areas used for boat display activities shall occupy no more than 35 percent of the linear frontage of the property. ii. All boat sale areas shall not be closer to the frontage line than the primary building they serve. iii. All boats located within an outdoor sales area shall not exceed the height of 17 feet above existing grade . iv. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. v. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at three feet on center at the time of planting. f. One parking space per 5 dry boat storage spaces. 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 Projects are typically human -scale, pedestrian -oriented, interconnected projects with a mix of residential and commercial uses such as retail, office and civic amenities that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. b. Mixed Use Projects in the BMUD-NC, BMUD-W and GTMUD-MXD shall be reviewed and permitted in accordance with section 10.02.15. c. A minimum of 60 percent of all commercial uses within a mixed use project shall provide retail, office and/or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. d. A maximum of 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a mixed use project, or otherwise in accordance with a development schedule approved for the project and made a condition of the MUP approval . e. MUPs shall provide connection to local streets , adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street pattern is preferred; however, modifications may be approved, provided the vehicular network provides interconnections between internal uses and external connections to adjoining neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle, and transit. f. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. g. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off- street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. h. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space , as defined in section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land, cash, or other in- kind contribution may be accepted by the CRA, where it has been demonstrated to sufficiently mitigate for the reduction of required on-site usable open space . This cash or in-kind contribution may be used to enhance the public realm (public art, plaza, fountains, etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. 9. Outdoor Display and Sale of Merchandise. a. No automatic food and drinking vending machines are permitted outside of any structure. b. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable). c. Outdoor display and sale of merchandise, within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. D. Building Types and Architectural Standards 1. Purpose and Intent. The purpose of this section is to supplement the provisions of LDC section 5.05.08 by identifying and providing design standards for the building 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 building form, character and quality. Buildings within the BMUD and GTMUD are expected to be added as long-term additions to the architectural vibrancy of the community. 2. Applicability. Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions. The uses permitted within the building are determined by the underlying zoning district or overlay subdistrict in which it is located. All buildings shall meet the design requirements set forth in LDC section 5.05.08 unless otherwise specified in this section. 3. General Architectural Standards. a. Architectural Style: The building design standards of this section do not mandate a particular building style and permit a wide variety of architectural expressions. When a building exhibits a known architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details shall be consistent throughout the building and any accessory structures on the same site. b. Frontage : The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front fa4ade 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 buildings should relate to adjacent buildings in similarity of scale, height, architectural style, and/or configuration. Exceptions to this provision include civic and institutional buildings such as churches and schools. d. Facade Treatment: Architectural elements such as windows and doors, bulkheads, masonry piers, transoms, cornices, window hoods, awnings , canopies, and other similar details shall be used on all fa4ades facing a public right-of-way. e. Exterior building color within the Cultural District. Buildings with a mixed use or non-residential use and within the Cultural District boundary, as identified in the Community Redevelopment Agency Resolution 2008-60 as amended, shall meet the following exterior building color standards: i. The use of color materials or finish paint above level 10 saturation (chroma) or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a fagade or the total roof area. ii. Natural and manmade materials which exceed the saturation or lightness level requirements of Collier County Architectural Color Charts, such as marble, granite, stone, slate, brick, block, tile, and galvanized metal are permissible. f. Deviations from exterior building color. Applicants within the Bayshore Gateway Triangle Community Redevelopment District boundaries may request a deviation from the exterior building color requirements of LDC section 5.05.08 D. A deviation request shall be subject to the procedures established in LDC section 5.05.08 G. and shall be subject to the following criteria: L The deviation request is consistent with LDC section 5.06.00, regarding sign regulations and standards. ii. The deviation request consists of no more than 3 colors. iii. The deviation request may not be for a color which is below lightness level 3 on the Collier County Architectural Color Charts. BGT Redevelopment Area Figure 1 Facade Treatments (For illustrative purposes only) 4. Building Type: HOUSE. DECORATIVE CORNICES Wil BUILDING a. Description: The predominant building type in the Bayshore Gateway Triangle Redevelopment Area and is intended for use as a single-family detached dwelling located on its own lot, although it may also accommodate duplexes, b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every 5 on- str provided, a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall b( to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 4! perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each is with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornE minimum of 8 feet tall at the time of planting. c. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 on- street parking spaces provided, a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off- Street Parking Location: Off- street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Off- street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUD and US 41, Davis Boulevard and Commercial Drive in the mini -triangle area of the GTMUD shall not exceed 50 percent of that building's parking requirements and shall be limited to a single -aisle double loaded parking lot. 5. Bicycle Parking: Bicycle parking shall be required as provided for in section 4.05.08, except as provided below. a. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in section 4.05.08 B. b. Location: Bicycle parking shall have access via sidewalks, pathways or driveways to the public right-of-way and be located as provided below: i. Parking Structures : Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. ii. On Site: Bicycle parking (not located within a parking structure ) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. iii. Right -of -Way: Bicycle parking may be located in the public right-of-way subject to an approved right-of-way permit. iv. Shared Bicycle Parking: Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. G. Signage. Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated by this section for specific uses. H. Murals. Murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment Area subject to the following conditions: 1. Murals are only allowed on commercial, civic or institutional buildings. 2. Building must be located within the proposed Cultural District boundary, Community Redevelopment Agency Resolution 08-60, and cannot be located along U.S. 41. 3. One mural is allowed per building. 4. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. 5. The mural cannot exceed 200 square feet unless specifically approved by the CRA Advisory Board. 6. The mural shall not contain text for the purpose of advertising any business or commercial activity. 7. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. 8. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. (Ord, No. 06-08, § 3.j; Ord. No. 06-63, § 3.Q; Ord. No. 07-68, § 3.C; Ord. No. 12-39, § 3.C; Ord. No. 14-33, § 3.K; Ord. No. 16-22, § 3.C)