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DSAC Agenda 08/05/2020August 5, 2020 3:00 PM 2800 N. Horseshoe Drive Growth Management Department If you have any questions or wish to meet with staff, please contact Diane Lynch at 252-4283 DSAC Meeting Page 1 of 2 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA August 5, 2020 3:00 p.m. Conference Room 610 NOTICE: AS PART OF AN ONGOING INITIATIVE TO PROMOTE SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC, THE PUBLIC WILL HAVE THE OPPORTUNITY TO PROVIDE PUBLIC COMMENTS REMOTELY, AS WELL AS IN PERSON, DURING THIS PROCEEDING. INDIVIDUALS WHO WOULD LIKE TO PARTICIPATE REMOTELY, SHOULD REGISTER ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE WHICH IS 6 DAYS BEFORE THE MEETING THROUGH THE LINK PROVIDED, LISTING THE TOPIC THEY WISH TO ADDRESS. INDIVIDUALS WHO REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC HEARING DETAILING HOW THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR ADDITIONAL INFORMATION ABOUT THE MEETING, PLEASE CALL DIANE LYNCH AT (239) 252-4283 OR REGISTER AT: https://bit.ly/August5DSACSpeakerRegistration THIS LINK CAN ALSO BE USED FOR THOSE THAT WOULD LIKE TO VIEW THE MEETING BUT NOT SPEAK. CHOOSE THE LAST OPTION “I DO NOT WISH TO SPEAK- VIEWING ONLY” AS YOUR AGENDA ITEM. Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please mute your audio if you have not been recognized by the Chairman to speak or to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I.Call to Order – Chairman II.Approval of Agenda III.Approval of Minutes - March 4, 2020 IV.Public Speakers V.Staff Announcements/Updates A.Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Eric Fey or designee] C.Growth Management Department Transportation Engineering Division & Planning Division updates –[Jay Ahmad or designee] D.Collier County Fire Review update – [Shar Beddow or Shawn Hanson] E.North Collier Fire Review update – [Capt. Sean Lintz or Daniel Zunzunegui] F.Operations & Regulatory Mgmt. Division update – [Ken Kovensky] Included will be Updates on permit review times, inspections, electronic volume, video inspections G.Development Review Division update – [Matt McLean] VI.New Business A.LDC Amendments (6)– [Richard Henderlong, Principal Planner and Eric Johnson, Principal Planner] i.PL20190002647 SRA Designation -Staff Review Timeframes ii.PL20200000268 Transfer of Development Rights (TDR) Early Entry Bonus Credits Page 2 of 2 iii.PL20190002818 RMF-6 Density Clarification iv.PL20190002819 Special Events in Rights-of-Way v.PL20200000359 Self-Storage in C-4 Zoning District vi.PL20190001927 Golden Gate Parkway Overlay District VII.Old Business VIII.Committee Member Comments IX.Adjourn Next Meeting Dates: September 2, 2020 GMD Conference Room 610 – 3:00 pm October 7, 2020 GMD Conference Room 610 – 3:00 pm November 4, 2020 GMD Conference Room 610 – 3:00 pm March 4, 2020 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, March 4, 2020 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Chris Mitchell (Excused) Robert Mulhere Mario Valle Norman Gentry Marco Espinar Laura Spurgeon DeJohn Jeremy Sterk Jeff Curl (Excused) John English Mark McLean ALSO PRESENT: Jamie French, Deputy Department Head Diane Lynch, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Mike Ossorio, Director, Code Enforcement Division Jon Walsh, Chief Building Inspector Matt McLean, Director, Development Review Ken Kovensky, Director, Operations and Regulatory Management Lorraine Lantz, Transportation Planning Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I.Call to Order - Chairman Chairman Varian called the meeting to order at 3:00pm II.Approval of Agenda Mr. Valle moved to approve the Agenda subject to the following additions: •Item VI.A – Fire Alarm Panel Bulletin •Item VI.B – Appointment of a Subcommittee for Zoning Director Candidate Review Second by Mr. Mulhere. Carried unanimously 10 - 0. III.Approval of Minutes from February 5, 2020 Meeting March 4, 2020 2 Mr. Foley moved to approve the minutes of the February 5, 2020 meeting as presented. Second by Mr. Valle. Carried unanimously 10 - 0. IV.Public Speakers None Mr. Gentry arrived at 3:07pm V.Staff Announcements/Updates A.Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the report “Code Enforcement Division Monthly Report January 22, – February 21, 2020 Highlights” for information purposes. He noted: •The Division remains active with 377 cases in January and continued calls for lien searches. •Statistics indicate 50 percent of the code cases from October of 2018 to February of 2019 were building related with 64 percent in the category for the same time frame of 2019 – 2020. •The vacation rental ordinance proposed for the County is at a standstill, as is the State legislation. •The County is proposing a registration system to identify owners of the property and address any civil law or code violations associated with the practice. •There will be a $50 fee for the registration and other requirements include filing the necessary documentation for collection of the tourist tax and State DBPR registrations and inspections. •The requirements apply to those properties meeting the definition of “transient lodging” which includes a time frame triggering the definition or offering accommodations for guests an advertising platform on a regular basis. Ms. Spurgeon DeJohn arrived at 3:10pm Mr. Dunnavant arrived at 3:11pm B.Public Utilities Division update – [Tom Chmelik or designee] Mr. Fey submitted the monthly report on response time for “Letters of Availability, Utility Deviations and FDEP Permits” for information purposes. He noted activity remains brisk and response times are decreasing but not yet the level sought by the Division. Staffing issues are being addressed with a new plan reviewer engaged by the Division. C.Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Ms. Lantz reported: Golden Gate Estates Bridges – the East of 951 Study from 2008 identified 10 bridges in need of attention. The Department is re-evaluating the bridges and prioritizing them for work (if still required). Immokalee Road Study – work progresses on the study for the area from Livingston Road to Logan Blvd. with few options being considered given the physical constraints in the area. D.County Fire Review update – [Shar Beddow and/or Shawn Hanson] None E.North Naples Fire Review update – [Capt. Sean Lintz or Daniel Zunzunegui] Captain Lintz reported turnaround times are as follows: Building Plan review – 48 at 2 days; Site Plan reviews 39 at 6 days; Inspections – 1 day. F.Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the “Collier County February 2020 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report: March 4, 2020 3 •Activity remains at a high level with 4,000 permit applications filed in February and approximately 50,000 over the past year. •Electronic filing of applications remains at a level of 60 percent. •The Division continues to address staffing issues, Diane Lynch is the temporary liaison to the DSAC with a permanent replacement being sought. •The work to allow credit cards being processed through CityView continues with the testing phase completed. G.Development Review Division update [Matt McLean] Mr. McLean reported •Staff is more closely looking at property boundary information on plans with a concern 50 percent of those submitted contain errors and do not “close.” This will be documented and commented on by Staff during review of the plans. •The Division is holding numerous mylar maps that were never picked up by applicants and the process may be changed as most work is now stored as a PDF or other electronic format. During Committee discussions it was noted the new format for the notary blocks has not been updated on some forms. It was recommended the County accept the old form for submittal of an application and require an update when the form becomes available to avoid an initial rejection of an application. Staff noted the application will be accepted at this point, and comment provided during the review process. VI.New Business A.Fire Alarm Panel Bulletin Mr. Walsh and Captain Lintz provided “Bulletin #24: Fire Alarm System Installations” dated February 28, 2020 for information purposes. They noted the change is effective April 2, 2020 and requires an air conditioned or climate controlled space for a panel installed in a newly constructed building. The Committee noted: •The Bulletin states the requirement applies to “renovation of an existing building” and questioned on how those situations are addressed, i.e. will replacement of an existing panel will be subject to the requirements (with or without building renovation)? •There is an asterisk cited in the documentation without reference and consideration should be given to clarifying the citing. Staff reported at this point, existing renovations will be handled on a case by case basis to determine if it is feasible to meet the new requirements. They will review the Bulletin to determine if any changes are necessary including clarifying the asterisk cited Section, if feasible. B.Appointment of a Subcommittee for Zoning Director Candidate Review Mr. French addressed the Committee requesting a Subcommittee be convened to assist in selecting the individual chosen as Zoning Director. The responsibilities would include participating in the ranking process of those under consideration. Mr. Brooker moved to appoint Ms. Spurgeon DeJohn, Mr. Brooker, Mr. Dunnavant and Mr. Mulhere to the Subcommittee. Second by Mr. Valle. Carried unanimously 13 – 0. Mr. French reported: •The Division continues to address Staffing issues and will be undertaking a payroll study to ensure the County is in line with market conditions to help prevent exodus of employees to other public or private entities. March 4, 2020 4 •Investigation is underway to address any impacts with the Coronavirus including potential work from home scenarios if necessary. VII.Old Business None VIII.Committee Member Comments None IX.Adjourn Next Meeting Dates April 1, 2020 – GMD Conference Room 610 – 3:00pm May 6, 2020 – GMD Conference Room 610 – 3:00pm June 3, 2020 – GMD Conference Room 610 – 3:00pm July 1, 2020 - GMD Conference Room 610 – 3:00pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:12PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on _________, as presented _______, or as amended _______. This report reflects monthly data from: June 22, 2020 thru July 21, 2020 Code Enforcement Division Monthly Report June 22, 2020 – July 21, 2020 Highlights •Cases opened:806 •Cases closed due to voluntary compliance:523 •Property inspections:3304 •Lien searches requested:1434 Trends 0 100 200 300 400 500 600 700 800 900 1000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 748 864 785 671 893 502 630 580 821 945 854 806 Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 3500 4000 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 2681 3249 3306 3034 3240 2620 2374 2594 2870 3273 3839 3304 Code Inspections Per Month This report reflects monthly data from: June 22, 2020 thru July 21, 2020 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 2019 2020 3756 3378 4702 2652 Origin of Case 0 200 400 600 800 1000 1200 1400 1600 1800 Bayshore Immokalee 95 40 1210 1642 CRA Case Opened Monthly This report reflects monthly data from: June 22, 2020 thru July 21, 2020 June 22, 2020 – July 21, 2020 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 1%Land Use 7%Noise 1% Nuisance Abatement 44% Occupational Licensing 1% Parking Enforcement 5% Property Maintenance 8% Right of Way 5% Signs 4% Site Development 8% Vehicles 12% Vegetation Requirements 3% This report reflects monthly data from: June 22, 2020 thru July 21, 2020 May 22, 2020 – June 21, 2020 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 2%Land Use 7%Noise 1% Nuisance Abatement 43% Parking Enforcement 7% Property Maintenance 9% Right of Way 4% Signs 3% Site Development 8% Vehicles 13% Vegetation Requirements 2% This report reflects monthly data from: June 22, 2020 thru July 21, 2020 April 22, 2020 – May 21, 2020 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1% Accessory Use 2%Commercial 1%Land Use 10% Noise 1% Nuisance Abatement 29% Occupational Licensing 1% Parking Enforcement 10% Property Maintenance 9% Right of Way 7% Site Development 8% Vehicles 19% Vegetation Requirements 2% L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Meeting Materials\Time Requirements For Development Orders and Permits 12-17-19 DSAC.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190002647 SUMMARY OF AMENDMENT In accordance with F.S. Chapter 125.022, this amendment modifies the timeframes and procedural review requirements to processing an application for the approval of a development permit or development order for Stewardship Receiving Areas (SRA) Designations. LDC SECTIONS TO BE AMENDED 4.08.07 SRA Designation ORIGIN Growth Management Department Staff HEARING DATES BCC TBD CCPC TBD DSAC 08-05-20 DSAC-LDR 12-17-19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC TBD CCPC TBD BACKGROUND On June 28, 2019, Chapter 2019-165 Laws of Florida was adopted and amended F.S. 125.022 “Development Permits and Orders”. The legislative change established new time limitations and review requirements for an application for approval of a development permit or development order issued by local governments. As stipulated in the statue, the terms “development permit” and “development order” have the same meaning under the Community Planning, F.S.163.3164 (15) and (16), however, building permits are specifically excluded from the new limitations and requirements. See Exhibit A below. Currently, the application review process for a Stewardship Receiving Area (SRA) Designation is set forth in LDC section 4.08.07 E. The SRA application requires a master plan that identifies land uses, number of dwelling units, and leasable retail and/or office square footage. It includes a development document, reports on public facilities impact and economic assessment, provision for school concurrency when there are residential uses, and any SSA Designated Credits. Therefore, an SRA Designation meets the state’s definition of a development permit. The new statutory process requires, within 30 days after receiving an application for approval, the County to issue a letter indicating all required information has been submitted and the application is deemed complete or advise the applicant additional information is required and cite any particular areas that are deficient. If the application is deficient, the applicant has up to 30 days to address and submit the required information. Within 180 days, after the County has deemed the application complete, the County must act to approve, approve with conditions, or deny the development permit for applications that require final action through a quasi-judicial hearing or public hearing. The County may request, and the applicant can agree or not agree to waive the time limitation. In addition, when reviewing the application, the County may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Further, before the third request for additional information is made, the County must offer a meeting with the applicant to resolve any outstanding issues. Because the SRA application review process must be in accordance with the requirements of F.S.125.022, this amendment removes LDC sections 4.08.07 E.3,4,5 and 6. The proposed amendment adds text to comply with the time limitations and procedural review requirements of F.S.125.022. This is the only LDC section to review Page 1 of 87 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Meeting Materials\Time Requirements For Development Orders and Permits 12-17-19 DSAC.docx timeframes in accordance with F.S.125.022. FISCAL & OPERATIONAL IMPACTS There are no fiscal impacts associated with this amendment. Operational changes will be as required per F.S. 125.022. GMP CONSISTENCY This LDCA may be deemed consistent with the Future Land Use Element. DW EXHIBITS: A) F.S. Chapters 125.022 and 163.3164 (15) and (16). Page 2 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Meeting Materials\Time Requirements For Development Orders and Permits 12-17-19 DSAC.docx Amend the LDC as follows: 1 4.08.07-SRA Designation 2 3 * * * * * * * * * * * * * 4 5 E.SRA Application Review Process6 7 1.Pre-Application Conference with County Staff: Prior to the submission of a formal8 application for SRA designation, the applicant shall attend a pre-application9 conference with the County Manager or his designee and other county staff,10 agencies, and officials involved in the review and processing of such applications11 and related materials. If an SRA designation application will be filed concurrent12 with an SSA application, only one pre-application conference shall be required.13 This pre-application conference should address, but not be limited to, such14 matters as:15 16 a.Conformity of the proposed SRA with the goals, objectives, and policies17 of the GMP;18 19 b.Consideration of suitability criteria described in LDC sSection 4.08.0720 A.1. and other standards of this Section;21 22 c.SRA master plan compliance with all applicable policies of the RLSA23 District Regulations, and demonstration that incompatible land uses are24 directed away from FSAs, HSAs, WRAs, and Conservation Lands;25 26 d.Assurance that applicant has acquired or will acquire sufficient27 Stewardship Credits to implement the SRA uses, and;28 29 e.Consideration of impacts, including environmental and public30 infrastructure impacts.31 32 2.Application Package Submittal, and Processing Fees, and Review. The required33 number of SRA Applications and the associated processing fee shall be34 submitted to the County Manager or his designee. The contents of said35 application package shall be in accordance with LDC sSection 4.08.07 D. The36 review and approval of the application shall be in accordance with section37 125.022, Florida Statutes.38 39 3.Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the40 SRA Application, the County manager or his designee shall notify the applicant 41 in writing that the application is deemed sufficient for agency review or advise 42 what additional information is needed to find the application sufficient. If required, 43 the applicant shall submit additional information. Within twenty (20) days of 44 receipt of the additional information, the County Manager or his designee shall 45 notify the applicant in writing that the application is deemed sufficient, or, what 46 additional or revised information is required. If necessary, the County Manager 47 shall again inform the applicant in writing of information needed, and the 48 timeframe outlined herein shall occur until the application is found sufficient for 49 review. 50 Page 3 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Meeting Materials\Time Requirements For Development Orders and Permits 12-17-19 DSAC.docx 1 4.Review by County Reviewing Agencies: Once the SRA application is deemed 2 sufficient, the County Manager or his designee will distribute it to specific County 3 review staff. 4 5 5.Staff Review. Within sixty (60) days of receipt of a sufficient application, County6 staff shall review the submittal documents and provide comments, questions, and 7 clarification items to the applicant. If deemed necessary by County staff or the 8 applicant, a meeting shall be held to address outstanding issues and confirm 9 public hearing dates. 10 11 6.Staff Report. Within ninety (90) days from the receipt of a sufficient application,12 County staff shall prepare a written report containing their review findings a nd a 13 recommendation of approval, approval with conditions or denial. This timeframe 14 may be extended upon agreement of County staff and the applicant. 15 16 # # # # # # # # # # # # # 17 Page 4 of 87 Exhibit A – F.S. Chapters 125.022 and 163.3164 (15) and (16) L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Meeting Materials\Time Requirements For Development Orders and Permits 12-17-19 DSAC.docx F.S. Chapter 125.022 Development permits and orders. (1)Within 30 days after receiving an application for approval of a development permit or development order, a county must review the application for completeness and issue a letter indicating that all required information is submitted or specifying with particularity any areas that are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information. Within 120 days after the county has deemed the application complete, or 180 da ys for applications that require final action through a quasi-judicial hearing or a public hearing, the county must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the county’s decision. The timeframes contained in this subsection do not apply in an area of critical state concern, as designated in s. 380.0552. (2)When reviewing an application for a development permit or development order that is certified by a professional listed in s. 403.0877, a county may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as provided in subsection (5), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the county, at the applicant’s request, shall proceed to process the application for approval or denial. (3)When a county denies an application for a development permit or development order, the county shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order. (4)As used in this section, the terms “development permit” and “development order” have the same meaning as in s. 163.3164, but do not include building permits. (5)For any development permit application filed with the county after July 1, 2012, a county may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal a gency unless the agency has issued a final agency action that denies the federal or state permit before the county action on the local development permit. (6)Issuance of a development permit or development order by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A county shall attach such a disclaimer to the issuance of a development permit and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (7)This section does not prohibit a county from providing information to an applicant regarding what other state or federal permits may apply. F.S. 163.3164 Community Planning Act; definitions. As used in this act: * * * * * * * * * * * * * (15)“Development order” means any order granting, denying, or granting with conditions an application for a development permit. (16)“Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. * * * * * * * * * * * * * Page 5 of 87 L:\LDC Amendments\Current Work\TDR-Early Entry Bonus Credits (PL20200000268)\Drafts\2.03.07 TDR Early Entry Bonus Credits DSAC 06-18-20.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20200000268 SUMMARY OF AMENDMENT This amendment shall extend the effective time period for the Transfer of Development Rights (TDR) early entry bonus credits from sending lands in the Rural Fringe Mixed Use District. LDC SECTION TO BE AMENDED 2.03.07 Overlay Zoning Districts ORIGIN Growth Management Department HEARING DATES BCC TBD CCPC TBD DSAC 08-05-20 DSAC-LDR 06-18-20 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC TBD CCPC TBD BACKGROUND This amendment is a companion amendment to the Growth Management Plan Amendment for the Transfer of Development Rights Early Entry Bonus Extension PL 20190002635. On February 25, 2020 (the Transmittal Hearing), the Board of County Commissioners directed staff to transmit to the Florida Department of Economic Opportunity an amendment to the Growth Management Plan (GMP) that will extend the effective date of the TDR early entry bonus credits from March 5, 2004 to September 27, 2022. Final action by the Board (the adoption hearing) is anticipated to occur within the next four months and b y ordinance the Future Land Use Element will be amended and extend the availability of early entry TDR bonus credits for properties within the RFMU District. The purpose of this LDC amendment is to be consistent with the GMP amendment and extend the time period to September 27, 2022 for early entry TDR bonus credits. FISCAL & OPERATIONAL IMPACTS There are no fiscal or operational impacts associated with this amendment. GMP CONSISTENCY To be provided by Comprehensive Planning Staff. EXHIBITS: None Page 6 of 87 DRAFT L:\LDC Amendments\Current Work\TDR-Early Entry Bonus Credits (PL20200000268)\Drafts\2.03.07 TDR Early Entry Bonus Credits DSAC 06-18-20.docx Amend the LDC as follows: 1 2.03.07 – Overlay Zoning Districts 2 3 * * * * * * * * * * * * * 4 D.Special Treatment Overlay (ST).5 * * * * *** * * * * * * 6 4.Transfer of Development Rights (TDR).7 * * * * * * *** * * * 8 c.TDR credits from RFMU sending lands: General Provisions9 * * * * * * * * * * ** * 10 ii.Creation of TDR Bonus credits. TDR Bonus credits shall only be11 generated from RFMU sending land property from which TDR12 credits have been severed. The three types of TDR Bonus credits13 are as follows: Early Entry Bonus credits14 * * * * * * * * * * * * *15 c)Early Entry Bonus credits. Early Entry Bonus credits shall16 be generated at a rate of 1 additional credit for each TDR17 credit that is severed from RFMU sending land for the period18 from March 5, 2004, until March September 27, 2012 2022,19 unless further extended by resolution by the Board of20 County Commissioners. Early Entry Bonus credits shall21 cease to be generated after the termination of this early22 entry bonus period. However, Early Entry Bonus credits may23 continue to be used to increase density in RFMU and non-24 RFMU Receiving Lands after the termination of the Early25 Entry Bonus period.26 27 * * * * * * * * * * * * 28 f.Procedures applicable to the severance and redemption of TDR credits29 and the generation of TDR Bonus credits from RFMU sending lands.30 * * * * * * * * * * * * * 31 ii.In order to facilitate the County's monitoring and regulation of the32 TDR Program, the County shall serve as the central registry for33 all TDR severances, transfers (sales) and redemptions, as well34 as maintain a public listing of TDR credits available for sale35 along with a listing of purchasers seeking TDR c redits. No TDR36 credit generated from RFMU sending lands may be utilized to37 increase density in any area unless the following procedures are38 complied with in full.39 * * * * * * * * * * * * *40 b)TDR Bonus credits shall not be used to increase density in41 either non-RFMU receiving areas or RFMU receiving lands42 until a TDR credit certificate reflecting the TDR Bonus43 credits is obtained from the County and recorded.44 45 1)Early Entry Bonus credits. All TDR credit46 certificates issued by the County for the period from47 Page 7 of 87 DRAFT L:\LDC Amendments\Current Work\TDR-Early Entry Bonus Credits (PL20200000268)\Drafts\2.03.07 TDR Early Entry Bonus Credits DSAC 06-18-20.docx the effective date of this provision until March 27, 1 2015 September 27, 2022, unless further extended 2 by resolution by the Board of County 3 Commissioners, shall include one Early Entry 4 Bonus credit or fractional Early Entry Bonus credit 5 for each TDR credit or fractional TDR credit 6 reflected on the TDR credit certificate. Where TDR 7 credits were severed from March 5, 2004, until the 8 effective date of this provision, the County shall, 9 upon receipt of a copy of the TDR credit certificate 10 reflecting those previously severed TDR credits, 11 issue a TDR credit certificate entitling Early Entry 12 Bonus credits equal in number to the previously 13 severed TDR credits. 14 * * * * * * * * * * * * * 15 # # # # # # # # # # # # # 16 Page 8 of 87 L:\LDC Amendments\Current Work\RMF-6 Density Calculation, Non-Conforming Lots of Record (PL20190002818)\9.03.03 Types of Nonconformities 06-18-20 DSAC.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190002818 SUMMARY OF AMENDMENT This amendment clarifies the calculation of density for single-family, two- family or duplex dwelling units and multi-family units, on legal non- conforming lots of record in the RMF-6 District. It further clarifies the definition for non-conforming lots of record and lot of record. LDC SECTION TO BE AMENDED 1.08.00 Definitions 9.03.03 Types of Nonconformities ORIGIN Growth Management Department HEARING DATES BCC TBD CCPC TBD DSAC 08-05-20 DSAC-LDR 06-18-20 12-17-19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC TBD CCPC TBD BACKGROUND This amendment seeks to clarify how to resolve the calculation of the number of dwelling units, for legally platted non-conforming lots of record in the RMF-6 zoning district. Since the adoption of Ordinances 74-12 and 13 (Coastal Area) and 74-14 and 15 (Immokalee Area), the interior minimum lot area standards for single-family, two-family or duplex, and multi-family dwelling units has changed over time. The provision to allow an additional unit when the calculation of allowable density results in a fractional unit of .50 or greater has also changed over time and has been problematic for staff to resolve given prior administrative staff memorandums (See Exhibit A). This amendment shall reduce staff time in the determination of the non-conforming lots of record that may be entitled for an additional unit based on the density calculation of a fractional unit of 0.50 or greater for single family, two-family or duplex dwelling units. It clarifies that the minimum lot area required to support a two-family or duplex dwelling unit is 9,750 square feet or greater for non-conforming lots, provided an agreement for deed was executed prior to the adoption of Ordinance 74-42. Additionally, staff recognized single family dwelling units could be constructed on legal non-conforming lots smaller than 6,500 square feet provided an agreement for deed was executed prior to July 1, 1998. This is the effective date of Ordinance 98-63 which had increased the minimum lot size from 6,000 square feet to 6,500 square feet. The amendment does not alter the minimum setback requirements which still have to be met. The definitions for “Lot of Record” and “Nonconforming Lots of Record” are also changed to clarify that the agreement for deeds are relative only to the “former” Coastal Area Planning District and Immokalee Area Planning District which had been established respectively by Ordinances 76-30 and 74-15. On January 5, 1982 these zoning regulations and Planning Districts where repealed when the Board adopted Ordinance 82 -02, the unified zoning ordinance for the unincorporated area of the County. Further, the reference date of “prior to May 1, 1979” is deleted as it was an incorrect reference which referenced Ordinance 79-29. Lastly, a cross reference to LDC section 9.03.03 A has been added to the definition of nonconforming lots of record. Page 9 of 87 L:\LDC Amendments\Current Work\RMF-6 Density Calculation, Non-Conforming Lots of Record (PL20190002818)\9.03.03 Types of Nonconformities 06-18-20 DSAC.docx FISCAL & OPERATIONAL IMPACTS There are no fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The subject LDC amendment pertains to permitted density for non-conforming lots in the RMF-6 zoning district. The Future Land Use Element (FLUE), Immokalee Area Master Plan (IAMP) and Golden Gate Area Master Plan (GGAMP) all contain provisions for determining eligible density for rezoning property; that is, they regulate zoning density in context of density allowed by the Future Land Use Map designation when a zoning change is sought. However, they do not regulate density permitted by existing zoning districts; this LDCA will not increase density beyond the present 6 dwelling units per acre. Therefore, staff concludes this petition may be found consistent with the FLUE, IAMP and GGAMP. EXHIBITS: A) Ordinance Historical Table Page 10 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\RMF-6 Density Calculation, Non-Conforming Lots of Record (PL20190002818)\9.03.03 Types of Nonconformities 06-18-20 DSAC.docx Amend the LDC as follows: LDC 1.08.00 Definitions 1 * * * * * * * * * * * * * 2 Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public 3 records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water 4 under common ownership which has limited fixed boundaries, described by metes and bounds 5 or other specific legal description, the description of which has been so recorded in the public 6 records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, 7 or the least fractional unit of land or water under common ownership which has limited fixed 8 boundaries, for which an agreement for deed was executed prior to October 14, 1974, if within 9 the former Coastal Area p Planning d District, and January 5, 1982, if presently within or 10 previously within the former Immokalee Area p Planning d District prior to May 1, 1979. 11 * * * * * * * * * * * * * 12 Nonconforming lots of record: Any lawful lot or parcel which was recorded, or for which an 13 agreement for deed was executed prior to October 14, 1974, if within the former Coastal Area 14 Planning District, and January 5, 1982, if within the former Immokalee Area Planning District, 15 which lot or parcel does not meet the minimum width or lot area requirements as a result of the 16 passage of this Code shall be considered as a legal nonconforming lot and shall be eligible for 17 the issuance of a building permit provided all the other requirements of this Code and the 18 Florida Statues are met. This definition also includes any lot or parcel made nonconforming by a 19 rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance Number 20 90-23 (1990). For nonconforming lots of record within the RMF-6 zoning district, see LDC21 section 9.03.03 A.22 * * * * * * * * * * * * * 23 # # # # # # # # # # # # # 24 9.03.03 - Types of Nonconformities 25 A.Nonconforming lots of record. In any district, any permitted or permissible structure may26 be erected, expanded, or altered on any lot of record at the effective date of adoption or27 relevant amendment to the LDC.28 1.Except as provided herein, the minimum yard requirements in any residential29 district except RMF-6 shall be as for the most similar district to which such lot of30 record most closely conforms in area, width and permitted use, except that when31 possible the greater of any yard requirement in either district shall apply, and32 except when specifically provided for in the district regulations.33 a.Rural Agricultural (A) zoning district:34 i.Front Yard: 40 feet.35 ii.Side Yard: 10 percent of lot width, not to exceed 20 feet on each36 side.37 iii.Rear Yard: 30 feet.38 b.Estates (E) zoning district: See LDC section 2.03.01 for setbacks.39 c.RMF-12:40 i.Single-family dwellings revert to RSF-6 standards.41 ii.Duplex and multi-family dwellings revert to RMF-6 standards.42 Page 11 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\RMF-6 Density Calculation, Non-Conforming Lots of Record (PL20190002818)\9.03.03 Types of Nonconformities 06-18-20 DSAC.docx d.Mobile Home (MH) zoning district: 1 i.Front Yard: 10 feet.2 ii.Side Yard: 5 feet or zero (0) foot. Where zero is used, the opposite3 yard must maintain a minimum of 10 feet.4 iii.Rear Yard: 8 feet.5 iv.Waterfront Yard (Side or Rear): 10 feet.6 2.The minimum side yard requirement in any commercial or industrial district shall7 be equal to the height of the proposed principal structure, or the minimum side8 yard requirement in the district, whichever is lesser.9 3.Nonconforming through lots, which are nonconforming due to inadequate lot depth,10 may have a reduced front yard along the local road frontage. The reduction shall11 be computed at the rate of fifteen (15) percent of the depth of the lot, as measured12 from edge of the right-of-way. Front yards along the local road shall be developed13 with structures having an average front yard of not less than six (6) feet; no building14 thereafter erected shall project beyond the average line. The reduced front yard15 setback shall be prohibited along a collector or arterial roadway.16 4.When two or more adjacent legal nonconforming lots of record are either combined17 under a single folio or parcel number for taxing purposes by the property18 appraiser's office, or combined as a single parcel by recording the previously19 separate non-conforming lots into one legal description, neither or both of these20 actions will prohibit the owner or future owners from subsequently splitting the21 parcel into two or more folio or parcel numbers for tax purposes, or severing the22 parcels into their former legal descriptions as legal nonconforming lots of record23 according to the original legal description(s) at the time the property was24 recognized as legal nonconforming. Prior to any two or more adjacent legal non-25 conforming lots being combined for development, a legally binding document must26 be recorded to reflect a single parcel with a unified legal description. Once such a27 document has been recorded to amend the legal description and a development28 permit has been approved by the County for development as that unified parcel,29 the property cannot be split or subdivided except as may then be allowed by this30 Code.31 5.Nonconforming Corner Lots. Corner lots of record which existed prior to the date32 of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and which do33 not meet minimum lot width or area requirements established in the LDC, shall be34 required to provide only one full depth front yard. The full depth front yard35 requirement shall apply to the front yard which has the shorter or shortest street36 frontage. The setback requirement for the remaining front yard(s) may be reduced37 to 50 percent of the full front yard setback requirement for that district, exclusive of38 any road right-of-way or road right-of-way easement. For setbacks for Estates (E)39 zoning district, see LDC section 2.03.01.40 6.RMF-6 Districts. A two family or duplex dwelling unit may be constructed on any41 legal non-conforming lot of record provided the minimum lot area is 9,750 square 42 feet or greater and an agreement for deed was executed prior to October 14, 1974 43 to establish the lot. 44 45 Page 12 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\RMF-6 Density Calculation, Non-Conforming Lots of Record (PL20190002818)\9.03.03 Types of Nonconformities 06-18-20 DSAC.docx A single family dwelling unit may be constructed on any legal non-conforming lot 1 of record provided the lot area is less than 6,500 square feet and an agreement 2 for deed was executed prior to July 1, 1998 to establish the lot. 3 4 # # # # # # # # # # # # # 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 13 of 87 Exhibit A – Ordinance Historical Table L:\LDC Amendments\Current Work\RMF-6 Density Calculation, Non-Conforming Lots of Record (PL20190002818)\9.03.03 Types of Nonconformities 06-18-20 DSAC.docx INTERIOR MINIMUM LOT AREA Ordinance Number Zoning District Dwelling Type Fractional Unit Entitled Single-Family Two-Family Multi-Family 74-12 and 13 (Coastal Area) MF-1 (SF and 2F) 6,600 N/A MF-2 (SF,2F, MF) 8,400 MF-3 (2F and MF) N/A 12,000 RSF-4 8,500 Not Applicable (N/A) RSF-5 7,500 RSF-6 6,000 74-14 and 15 (Immokalee Area) MF-1 6,600 N/A MF-1A MF-2 6,600 MF-2A 6,000 RSF-4 6,000 N/A 74-42 (Effective Date 10- 14-74) RM-1 (2F and MF) N/A 7,000 RM-1A 7,500 RSF-4 RM-2 N/A 1 net acre (4,500 s.f. /unit) 75-36 (Effective Date 9-2- 75) RM-1 (2F and MF) N/A 7,000 RM-1A 7,500 Non-Conforming LOR (6,500 s.f.) MF RM-2 N/A 1 net acre (4,500 s.f. /unit) 76-30 (Effective Date 7-2- 76) RM-1 (2F and MF) N/A 7,000 RM-1A 7,500 Non-Conforming LOR (6,500 s.f.) MF RM-2 N/A Non-Conforming lots within platted subdivisions prior to 10-14-74: lot area in accordance with recorded plat. 1 net acre (4,500 s.f./unit) 82-02 (Effective Date 1-11-82) (Adoption Date 1-05-82) RMF-6 7,260 s.f. each dwelling unit RSF-5 Non-Conforming LOR Yes 6,000 s.f. 6,500 s.f. 91-102 (Effective Date 11- 13-91) RMF-6 7,260 s.f. each dwelling unit Yes RSF-6 Non-Conforming LOR 6,000 s.f. 6,500 s.f. 92-73 (Effective Date 10- 12-92) RMF-6 7,260 s.f. each dwelling unit MF and Townhomes 1 acre-not to exceed 6 per gross acre RSF-6 6,000 N/A Non-Conforming LOR Yes 6,000 s.f. 6,500 s.f. 98-63 (Effective Date 7-1-98) RMF-6 6,500 12,000 5,500 s.f. per unit Deleted 99-06 (Effective Date 2-1-99) RMF-6 6,500 12,000 5,500 s.f. per unit Non-Conforming LOR (6,500 s.f.) Yes 04-41 (Effective Date 7-28- 2004) RMF-6 6,500 12,000 5,500 s.f. per unit Yes, can round up Page 14 of 87 L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190002819 SUMMARY OF AMENDMENT This amendment establishes submittal requirements, criteria for review, and an approval process for temporary special events that take place in or use County owned or maintained rights-of-way. It further allows for the temporary placement of signage within rights-of-way. LDC SECTIONS TO BE AMENDED 5.04.05 Temporary Events 5.04.06 Temporary Signs 10.03.06 Public Notice and Required Hearings for Land Use Petitions ORIGIN Growth Management Department HEARING DATES BCC TBD CCPC TBD DSAC 08-05-20 DSAC-LDR 06-18-20, 12-17-19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with Recommendation DSAC TBD CCPC TBD BACKGROUND On October 22, 2019 the Board directed staff to amend the LDC to establish a temporary use permit and approval process for special events that require the use and temporary road closure of County owned or maintained rights- of-way and allow applications for such events to be processed until the LDC new standards are adopted. See exhibit “A”, the executive summary and initial proposed LDC text. Since the Board’s directive, staff has identified the following changes and clarifications: •In LDC section 5.04.05 A.5.c.i, the words “development standards” are replaced with applicable “requirements”. •In LDC section 5.04.05 A.5.i, the word “deputies” is replaced with “law enforcement officers”. •In LDC section 5.04.06 B.1.e, the word “directional” is replaced with “temporary” and “to promote tourism” is added as another benefit to the Community. •In LDC section 5.04.06 A.3.a, temporary signs are currently prohibited for placement within any public right-of-way. This standard is amended to allow for an exception when temporary signs are permitted in accordance with the new provisions of the proposed amendment. •In LDC section 5.04.05 A.5, a new subsection is added to assure compliance with the Federal Manual on Uniform Traffic Control Devices and FDOT’s Roadway and Traffic Design standard plans for the location, placement and maintenance of traffic signs associated with the event. •Lastly, in LDC section 10.03.06, the mail notification requirement is changed so the mailed notice to be sent is determined by the right-of-way being impacted rather than from the radius of the event. The proposed standards are designed to provide uniform requirements for temporary special events requiring the use of rights-of-way. Rights-of-way permit forms shall be updated accordingly. Page 15 of 87 L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx DSAC-LDR Subcommittee Recommendation on 12-17-19: •Eliminate the first sentence that states “Any event which necessitates the use of the public rights-of-way of an arterial or collector roadway….” or reword, since any event can capture everything such as a group of bicycle riders, high school long distance foot race and yard sales which could use the right-of-way. •Regulate only those events that would cause excessive congestion, maintenance of vehicular traffic and necessitate a lane or road closure or cause odor, noise, or lighting impacts. •Clarify what the difference is for an event, directional, and entrance sign for the event. •The term “neighborhood”, as applied to the mailed notification area is overreaching and creates an unnecessary expense to include all properties within one-quarter mile radius. The notification should be limited to only those property owners and homeowner associations abutting the right-of-way being impacted for the event. Additional DSAC-LDR Subcommittee Recommendations on 06-18-20: •Consistently capitalize or use a lower case for the word “County”. o “County” is capitalized throughout the text. •Consider changing the reference from “Fire District” to “Fire Marshall”. o No change to the text, since “Fire District” is consistent with other provisions within the LDC. •Consider increasing the temporary sign area from 24 inches by 32 inches to 2’ x 3’ since it is the standard size for sign vendors and the sign board would not be cut by 6 inches. o The right of way permit application for the placement of temporary directional signs limits the sign dimension to 24 inches by 32 inches. This standard has been applied since 1997. Staff has no objection to the change since LDC section 5.06.04 F.9 allows on premise directional signs to be no greater than 6 square feet. •Clarify mailed notices will be sent out 15 days in advance of first advertised public hearing. o No change to the text, since the administrative code requires all mailed notices for advertised public hearings to be sent out 15 days in advance. •Make the FDOT application requirements more user friendly by narrowing the applicable FDOT maps and provide an informational check list sheet for local and collector roadways. o Staff is currently in the process of revising the Application for Special Events form. The pertinent FDOT Standard Plan Index sheet for state roadways, marked maps and checklist for the placement of appropriate signage shall be included. FISCAL & OPERATIONAL IMPACTS There shall be an added expense for the applicant to comply with the mailed notice requirement and for any special event reviewed by the HEX or Board. GMP CONSISTENCY The various Elements of the Growth Management Plan do not regulate the use of rights-of-way. Therefore, this LDCA may be found consistent with the GMP. EXHIBITS: A) Executive Summary Page 16 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Amend the LDC as follows: 5.04.05 – Temporary Events 1 2 A.Special Events. This section establishes the location and development standards for3 special events, including temporary market events, sales and promotional events, and sports,4 religious, and community events, and events in County rights-of-way.5 6 1.Standards applicable to all special events.7 8 a.Sanitary facilities shall be provided for the duration of the event. Proof9 of consent by business management shall be provided if permanent10 business restrooms are to be used.11 12 b.Safe ingress and egress shall be provided to the site, including13 emergency access measures.14 15 c.A maximum of 25 percent of the vehicular use area may be occupied or16 otherwise rendered unusable by the placement of temporary structures,17 equipment, and merchandise associated with the special event, unless18 equivalent additional off -site parking is provided.19 20 d.The minimum required number of handicapped parking spaces for the21 site pursuant to LDC section 4.05.07 shall not be used for the special22 event.23 24 e.In support of the special event, temporary structures, equipment,25 merchandise, and signage may be placed on the site subject to the26 approval of a site diagram depicting the locations of principal structures,27 parking, temporary structures, and signage.28 29 i.Temporary signage shall be subject to the restrictions set forth in30 LDC section 5.04.06.31 32 ii.All temporary structures, equipment, merchandise, or placement33 and parking of vehicles in conjunction with the special event shall34 be located in a parking lot or open space at least 10 fee t from the35 property line, except events in County rights-of-way that are36 approved in accordance with LDC section 5.04.05 A.5. All37 temporary structures, equipment, merchandise, or placement38 and parking of vehicles in conjunction with the special event and39 shall be removed at the conclusion of each event. 40 41 iii.A building permit may be required for the erection of temporary42 tents or structures.43 44 f.See Collier County Code of Laws Sections 118 -102 and 118-131 to 118-45 155, or successor sections, for addit ional standards related to solid46 waste and recycling collection.47 48 Page 17 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx g.No sales, advertising, or other activity related to the special event shall1 be permitted in the public right -of-way in accordance with Collier County2 Code of Laws Section 26-1, or successor sections, unless approved in3 accordance with LDC section 5.04.05 A.5 .4 5 h.Application. The Administrative Code shall establish the procedural6 requirements for special events .7 8 * * * * * * * * * * * * * 9 10 5.Events in County Rights-of-Way.11 12 a.A temporary use permit shall be required for events which take place in any13 County owned or maintained rights-of-way. 14 15 b.The temporary use permit application shall be submitted at least 120 days16 prior to an event that requires Hearing Examiner or Board approval or 60 17 days prior to an event that requires administrative approval. 18 19 c.At a minimum, temporary use permit applications for events shall be20 reviewed by the following Collier County departments, divisions, and 21 outside agencies: 22 23 i.Collier County Growth Management Department shall determine24 compliance with all applicable requirements. 25 26 ii.Collier County Sherriff’s Office shall determine whether any27 additional security or police service is necessary. 28 29 iii.The applicable Fire District shall determine whether any additional30 fire service is required. 31 32 iv.Emergency Medical Services shall determine whether any33 additional medical services are required. 34 35 v.Collier County Bureau of Emergency Services shall determine36 whether additional crowd control is required. 37 38 vi.Collier County Risk Management shall determine whether39 additional insurance or bonds are required for the event. 40 41 d.Any event that necessitates the use of the right-of-way of any arterial or42 collector roadway, or any event which necessitates closing all or part of any 43 County owned or maintained right-of-way between the hours of 7:00 AM 44 through 9:00 AM or 3:30 PM through 6:30 PM shall require review and 45 approval at a public hearing of the Hearing Examiner or Board of County 46 Commissioners. Public notice shall be in accordance with LDC section 47 10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the 48 Board of Zoning Appeals. 49 50 Page 18 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx e.Events that do not require a public hearing as set forth in LDC section 1 5.04.05 A.5.d above, shall be reviewed by the County Manager or 2 designee. Any appeal from an administrative determination shall be to the 3 Hearing Examiner or Board of Zoning Appeals, as applicable. 4 5 f.Criteria for review:6 7 i.The applicant has complied with all required criteria on the permit8 application form. 9 10 ii.Sufficient support personnel, including certified crowd managers11 are available to assist in the conduct of the event. 12 13 iii.Adequate support facilities are available for the event including, but14 not being limited to, parking, refuse collection, sanitation, and 15 lighting. 16 17 iv.No conflict exists with the requested event and other approved and18 previously scheduled events. 19 20 v.Crowd size has been determined to be a manageable size for the21 proposed event and site. 22 23 vi.The event is generally compatible with the character of the24 surrounding area. 25 26 vii.The applicant complied with the terms and conditions of any27 previously approved permits. 28 29 g.Applications shall include a site plan and route map that shows the30 proposed route of the event, areas of assembly or dispersal, parking areas, 31 location of temporary signs, maintenance of traffic signs (such as detour 32 signs, barricades, or cones), stationing of any crowd managers, officers, or 33 flag persons, temporary detours to be utilized by the public, and all 34 temporary construction or structures (stages, booths, water and toilet 35 facilities, etc.). 36 37 h.The placement and location of maintenance of traffic signs shall be in38 accordance with the Federal Manual on Uniform Traffic Control Devices, 39 as amended, and FDOT’s Roadway and Traffic Design standard plans. 40 41 i.Certified crowd control managers shall be provided at a minimum ratio of42 one per 250 participants or attendees. Hiring of off-duty law enforcement 43 officers shall satisfy the requirement for certified crowd control managers. 44 45 j.The County Manager or designee may revoke a temporary use permit if it46 is determined that any condition or stipulation has been violated, that the 47 approval was in error or based on inaccurate information, or that the use 48 negatively impacts the surrounding uses or poses a safety hazard, or 49 otherwise is negatively impacting the safety, health or welfare of the 50 general public. 51 Page 19 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx 1 # # # # # # # # # # # # # 2 3 5.04.06 - Temporary Signs 4 5 A.A temporary use permit is required for the placement of any temporary ground sign, snipe6 sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed7 subject to the restrictions imposed by this section.8 9 1.The County Manager or designee may issue temporary sign permits, classified by10 use, as necessary to adequately address each of the temporary signs described11 within this section. For each permit type the nonrefundable fee shall be as12 established in the fee schedule for the services performed by the Growth13 Management Division.14 15 2.Temporary signs and banners shall not be erected prior to obtaining the16 appropriate temporary use permit and shall be removed on or before the expiration17 date of the temporary use permit authorizing said sign.18 19 3.Standards applicable to all temporary signs.20 21 a.Temporary signs and banners permitted by authority of this section shall22 not be placed within any public right-of-way, except when an event in the23 right-of-way is approved and a temporary use permit is issued in24 accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1. 25 26 i.Sign placement shall not obstruct or impair the safe visibility,27 ingress, or egress of pedestrians and motorists.28 29 b.The occupant of a lot, parcel, multi-tenant parcel or mixed use building,30 may display 1 on-site temporary sign; a second such sign may be displayed31 on a property having a second street frontage.32 33 c.Absent specific standards to the contrary, temporary signs shall be located34 onsite and no closer than 10 feet to any property line.35 36 d.Temporary signs and banners used on nonresidential or mixed use37 properties shall not exceed 32 square feet in sign area or 8 feet in height.38 39 e.Temporary signs used on residentially zoned properties shall not exceed 440 square feet in area or 3 feet in height.41 42 B.Temporary Sign Permit Types and Standards.43 44 1.Temporary Events. A temporary use permit for a temporary event, issued per LDC45 section 5.04.05., shall allow for the placement of temporary signage as classified46 and regulated herein.47 48 a.A "sign only" temporary use permit may be issued for temporary ground49 signs and banners used to promote a sale, event, or activity not requiring50 a temporary event temporary use permit per LDC section 5.04.05 of this51 Page 20 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Code. Such uses include, however are not limited to, study or course 1 offerings, vacation camp, non-public indoor events, and sales events 2 occurring within the confines of an established business. 3 4 i."Sign only" temporary use permits will be allowed, regulated, and5 enforced as special event signs.6 7 ii.Time limits for "sign only" temporary use permits shall be the same8 as those for special events, see LDC subsection 5.04.05 A.3.9 10 b.Special event signs.11 12 i.Special event signs shall be erected not more than 15 calendar13 days prior to the supporting event and shall be removed within 714 calendar days after the event has taken place.15 16 c.Seasonal sales signs.17 18 d.Garage sales signs. Two temporary signs may be placed on the property19 where the sale is being conducted.20 21 e.Temporary signs for events in rights-of-way.22 23 i.Signs may display the event, name, date, location and a directional24 arrow pointing to the direction of the event only. 25 26 ii.No sales, advertisement, or commercial message is allowed on27 signs. 28 29 iii.Maximum dimension of 2 feet by 3 feet.30 31 iv.No signs shall be erected more than seven days prior to a32 scheduled event, and all signs must be removed within three 33 business days after the event completion. 34 35 v.No signs shall be located within the right-of-way medians.36 37 vi.No signs shall be attached to traffic control signs or other authorized38 highway signs and impede vehicular or pedestrian traffic. 39 40 vii.Limited to six signs within a five-mile radius of the event boundaries.41 However, events recognized at a regular meeting of the Board of 42 County Commissioners to benefit the Community and promote 43 tourism are limited to up to 40 signs. 44 45 # # # # # # # # # # # # # 46 47 10.03.06 – Public Notice and Required Hearings for Land Use Petitions 48 49 * * * * * * * * * * * * * 50 51 Page 21 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Z.Events in Rights-of-Way, pursuant to LDC section 5.04.05 A.5. 1 2 1.The following advertised public hearing is required:3 4 a.One Hearing Examiner or BCC hearing.5 6 2.The following notice procedures are required:7 8 a.Newspaper advertisement prior to the advertised public hearing in9 accordance with F.S. 125.66. 10 11 b.Mailed notice prior to the first advertised public hearing. For the purposes12 of this application, all mailed notices shall be sent to property owners, 13 neighborhoods and business associations within one-quarter mile of the 14 County right-of-way impacted by the event. 15 16 # # # # # # # # # # # # # 17 Page 22 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 23 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 24 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 25 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 26 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 27 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 28 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 29 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 30 of 87 Exhibit A – Executive Summary L:\LDC Amendments\Current Work\Special Events in ROW (PL20190002819)\Drafts\LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 06-18-20 DSAC.docx Page 31 of 87 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29-2020).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20200000359 SUMMARY OF AMENDMENT This Land Development Code Amendment (LDCA) proposes to allow enclosed, indoor, air-conditioned self-storage use as a Permitted Use when combined in the same building with other uses that are permitted in the C- 4 Commercial Zoning District. LDC SECTIONS TO BE AMENDED ORIGIN Board of County Commissioners (Board) HEARING DATES Board CCPC DSAC DSAC-LDR TBD TBD 08/05/2020 07/28/2020 2.03.03 5.05.08 Commercial Zoning Districts Architectural and Site Design Standards ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval (4-0) DSAC TBD CCPC TBD BACKGROUND: This LDCA follows a previous proposal (LDCA-PL20180003473) to establish separation standards between self- storage facilities within the U.S. 41 corridor area that was not approved by the Board (See Exhibit A). On December 10, 2019, the Board directed staff to address their concerns regarding self-storage buildings within the U.S. 41 corridor area, through incentives for mixed-use developments rather than requiring separation standards. This amendment changes self-storage facilities from a Conditional Use to a Permitted Use in the C-4 zoning district, but only if the self-storage use is combined in the same building as with other permitted uses in the C-4 zoning district and occupies less than 50 percent of the total area of the first floor . Examples of buildings containing self-storage combined with other uses are shown in Exhibit B. This LDCA applies to all C-4 districts throughout the County and does not apply only to properties within the U.S. 41 Corridor that was previously identified. DSAC-LDR Subcommittee Recommendation On July 28, 2020, the DSAC-LDR Subcommittee recommended approval contingent upon the following: •Revise LDC section 5.05.08 E.2.f.ii. to indicate “The architectural design for the entire building shall be a consistent theme, in order to avoid having contrasting styles for each use.” Continued on next page Page 32 of 87 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29-2020).docx FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this LDCA. By designing a self-storage facility combined with other uses in the same building, developers will not need to obtain Conditional Use approval and can immediately go through the Site Development Plan process, thereby reducing cost, time, and risk. GMP CONSISTENCY This LDCA does not introduce a new use in C-4 district, rather it changes how an existing use is permitted under certain conditions. Only a few subdistricts within the Future Land Use Element, Immokalee Area Master Plan and Golden Gate Area Master Plan Sub-Elements allow C-4 zoning, e.g. Mixed Use Activity Center Subdistrict. Those few subdistricts do not restrict how the C-4 uses are allowed – by right or by conditional use. Therefore, this LDCA may be deemed consistent with the GMP. EXHIBITS: A – Amendment History; B – Examples of Self Storage Combined with Other Uses. Page 33 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29- 2020).docx Amend the LDC as follows: 1 2.03.03 – Commercial Districts 2 3 * * * * * * * * * * * * * 4 5 D.General Commercial District (C-4). The general commercial district (C-4) is intended to6 provide for those types of land uses that attract large segments of the population at the7 same time by virtue of scale, coupled with the type of activity. The purpose and intent of8 the C-4 district is to provide the opportunity for the most diverse types of commercial9 activities delivering goods and services, including entertainment and recreational10 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses11 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside12 storage of merchandise and equipment is prohibited, except to the extent that it is13 associated with the commercial activity conducted on-site such as, but not limited to,14 automobile sales, marine vessels, and the renting and leasing of equipment. Activity15 centers are suitable locations for the uses permitted by the C-4 district because most16 activity centers are located at the intersection of arterial roads. Therefore the uses in the17 C-4 district can most be sustained by the transportation network of major roads. The C-418 district is permitted in accordance with the locational criteria for uses and the goals,19 objectives, and policies as identified in the future land use element of the Collier County20 GMP. The maximum density permissible or permitted in a district shall not exceed the21 density permissible under the density rating system.22 23 1.The following uses, as defined with a number from the Standard Industrial24 Classification Manual (1987), or as otherwise provided for within this section are25 permissible by right, or as accessory or conditional uses within the general26 commercial district (C-4).27 28 a.Permitted uses.29 30 * * * * * * * * * * * * * 31 32 90.Motorcycle dealers (5571).33 34 91.Motor freight transportation and warehousing (4225, limited to35 enclosed, indoor air-conditioned self-storage) when located with at 36 least one other permitted commercial use in the same building, and 37 subject to the following: 38 39 a.The enclosed, indoor air-conditioned self-storage shall40 occupy less than 50 percent of the total floor area of the first 41 floor. 42 43 b.Any accessory office or retail component incidental to the44 enclosed, indoor air-conditioned self-storage use will not 45 count toward the calculation of the floor area of the other 46 permitted use(s). The accessory office or retail component 47 of an enclosed, indoor air-conditioned self-storage use will 48 Page 34 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29- 2020).docx count toward the calculation of the floor area of the self-1 storage use. 2 3 912.Museums and art galleries (8412).4 5 [renumber remaining uses] 6 7 * * * * * * * * * * * * * 8 9 c.Conditional uses. The following uses are permitted as conditional10 uses in the general commercial district (C-4), subject to the standards and11 procedures established in LDC section 10.08.00.12 13 * * * * * * * * * * * * * 14 15 24.Motor freight transportation and warehousing (4225, enclosed,16 indoor air-conditioned and mini-and self-storage warehousing only).17 18 # # # # # # # # # # # # # 19 20 5.05.08 – Architectural and Site Design Standards. 21 22 * * * * * * * * * * * * * 23 24 E.Design standards for specific building uses.25 26 * * * * * * * * * * * * * 27 28 2.Self-storage buildings. Self-storage buildings are subject to all of the applicable29 provisions of this section with the following exceptions and additions:30 31 * * * * * * * * * * * * * 32 33 f.Combined with another use or uses in the same building.34 35 i.When an enclosed, indoor self-storage use is located in the same36 building with another permitted commercial use or uses and the 37 square footage of the other use or uses exceeds 50 percent of the 38 ground floor area of the building, then the primary façade design 39 features of LDC section 5.05.08 D.2.b. shall apply. 40 41 ii.The architectural theme for the entire building shall be consistent42 throughout, in order to avoid having contrasting styles for each use. 43 44 # # # # # # # # # # # # # 45 Page 35 of 87 Exhibit A – Amendment History In April of 2010, the East Naples Foundation completed Vision for the East Trail, which was a privately-initiated planning effort that resulted in the completion of a strategic plan for an approximately 14-mile stretch of the U.S. 41 corridor. On February 14, 2017, the Board of County Commissioners (Board) directed staff to begin the process of developing a corridor study with the goal of obtaining community input and creating incentives for the desired development types. After getting input from the community, in April of 2018, Johnson Engineering, Inc. completed the U.S. 41 Corridor Study-Summary of Findings and Recommendations to the Board (“Corridor Study”) on behalf of the County. The Corridor Study was presented to and accepted by the Board on April 24, 2018. One recommendation of the Corridor Study suggested having a minimum distance separation between new self-storage facilities. In response to the Corridor Study, staff drafted a Land Development Code amendment (LDCA) (PL20180003473) containing a 1,320-foot minimum separation requirement between new and existing self-storage buildings on properties zoned C-4 for lots fronting on U.S. 41, between the intersection of Palm Street/Commercial Drive and Price Street/Triangle Boulevard. The proposed LDCA included a relief process (i.e., distance waiver) if an applicant could demonstrate that an adequate supply of neighborhood goods and services are available within a quarter-mile radius of the new building. On September 10, 2019, staff brought a request to the Board to advertise a new ordinance containing separation requirements between self-storage buildings. The Board discussed the item and voted 4-1 against advertising the ordinance in its current form and unanimously voted to bring back the item later so that staff could provide incentives, locational requirements, or alternatives. G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29- 2020).docx Page 36 of 87 Exhibit B – Examples of Self Storage Combined with Other Uses G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29- 2020).docx 16638 Sheridan Street in Pembroke Pines, FL 401 34th Street North in St. Petersburg, FL Page 37 of 87 Exhibit B – Examples of Self Storage Combined with Other Uses G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29- 2020).docx 107 Hillcrest Street in Orlando, FL Renaissance Commons in Boynton Beach, FL Page 38 of 87 Exhibit B – Examples of Self Storage Combined with Other Uses G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\Self-Storage\Proposed Text (07-29- 2020).docx Source: Google Maps Page 39 of 87 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001927 SUMMARY OF AMENDMENT This LDC amendment (LDCA) creates the Golden Gate Parkway Overlay District (GGPOD), which serves to implement several policies of the recently adopted Golden Gate Area Master Plan. The GGPOD will be comprised of two new subdistricts—the Activity Center subdistrict (GGPOD-AC) and the Downtown subdistrict (GGPOD-DT). The GGPOD shall supersede the current provisions of the Golden Gate Downtown Center Overlay District and the Golden Gate Parkway Professional Office Commercial Overlay. ORIGIN Board of County Commissioners (Board) HEARING DATES Board TBD CCPC TBD DSAC 08/05/2020 LDC SECTIONS TO BE AMENDED DSAC-LDR 07/28/2020 1.08.01 Abbreviations 02/19/2020 2.03.07 Overlay Zoning Districts 01/07/2020 2.05.01 Density Standards and Housing Types 12/17/2019 4.02.26 Golden Gate Parkway Activity Center Overlay (GGPACO) Building, Development, and Site Design Standards 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) 4.05.02 Design Standards 5.05.04 Group Housing 5.05.08 Architectural and Site Design Standards 10.03.06 Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC TBD CCPC TBD BACKGROUND The Golden Gate City Sub-Element of the Golden Gate Area Master Plan (GGAMP) was adopted on September 24, 2019. Modifications to the LDC, to support and implement residential and commercial redevelopment and renewal initiatives, are required to be initiated within two years. New uses, development standards, and a deviation process are introduced with this amendment. These initiatives are recommended by the GGAMP. More specifically, the LDCA shall comply with the following policies: Policy 2.1.3 Within two years, Collier County shall create development standards to guide the transformation of Golden Gate Parkway and the Activity Center into destinations that are convenient, pleasant and safe for pedestrians and cyclists, and maintain strong connections to transit service. Policy 2.1.5 Collier County shall discourage new land uses along Golden Gate Parkway and within the Activity Center that impede pedestrian activity and are solely auto-oriented, such as car washes, storage facilities, auto dealerships and drive throughs. Land development regulations will be initiated within two years to ensure compatibility of auto-oriented uses within the pedestrian environment. Page 40 of 87 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx Policy 2.2.2 Within two years of adoption, Collier County shall initiate a community renewal plan to include economic development strategies, urban design schemes, and infrastructure improvements. Renewal plans shall be in concert with the vision of Golden Gate City and promote vibrant urbanism, improve aesthetics and support walkability. Policy 2.2.3 Within two years of adoption, Collier County shall initiate the involvement of Golden Gate City residents and business owners to consider amendments to the Land Development Code to support and implement residential and commercial redevelopment and renewal initiatives. Amendments shall include incentives for remodeling and renovation by creating criteria and standards for variances and/or deviations. The proposed GGPOD-DT and GGPOD-AC are both consistent with the GGAMP. The GGPOD is intended to work with the economic strategies and purpose of the County’s Golden Gate City Economic Development Zone (see Exhibit B). The current provisions of the Golden Gate Parkway Professional Office Commercial Overlay in LDC sections 2.03.07 F. and 4.02.26 and the provisions of the Golden Gate Downtown Center Commercial Overlay District in LDC sections 2.03.07 O. and 4.02.37 will be removed and replaced by the proposed provisions of the GGPOD. One main facet of the GGPOD is to incentivize redevelopment within the Golden Gate community by proposing new multi-family uses on parcels where they are not currently permitted. Also, a host of new advanced manufacturing uses are proposed, consistent with what was adopted in the GGAMP. Staff used information from The Brookings Institution and the Florida Dept. of Economic Opportunity as re sources when choosing the appropriate Standard Industrial Classification associated with advanced manufacturing. These advanced manufacturing uses are not allowed under the current zoning or existing overlay districts. In order to be allowed in the GGPOD-AC, operators will need to demonstrate compliance with the new design standards that have been specifically drafted for them. Lastly, the GGPOD introduces new development standards that are aimed at promoting vibrant urbanism, improving aesthetics, and supporting walkability, which is consistent with Policies 2.2.2 and 2.1.3 of the GGAMP. DSAC-LDR Subcommittee Recommendation On July 28, 2020, the DSAC-LDR Subcommittee discussed making multiple changes throughout the document but ultimately recommended approval, contingent upon the following two conditions: •Subject to staff revising the Overlay relative to ensuring that no existing development rights are intentionally or unintentionally contravened or eliminated—including building height and uses—and to clarify that language where it exists or where there is confusion. •Require a minimum 10-foot wide landscape buffer adjacent to residentially zoned property. FISCAL & OPERATIONAL IMPACTS No fiscal impacts are anticipated. However, the workload of the Office of the Hearing Examiner can potentially increase due to the creation of the deviation process, resulting in an operational impact. Notwithstanding the potential benefits gained from relaxing certain development standards and allowing a vast array of new uses, there is a potential impact to property owners if existing buildings become non-conforming once the GGPOD is adopted. GMP CONSISTENCY The proposed changes to the LDC are consistent with the updates in the recently adopted GMP amendment. EXHIBITS: A) Proposed Adminstrative Code Section; B) Ordinance 2018-56 Page 41 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx Amend the LDC as follows: 1.08.01 – Abbreviations 1 2 * * * * * * * * * * * * * 3 4 GGAMP Golden Gate Area Master Plan GGPOD Golden Gate Parkway Overlay District GGPOD-AC Golden Gate Parkway Overlay District-Activity Center subdistrict GGPOD-DT Golden Gate Parkway Overlay District-Downtown subdistrict GGPPOCO Golden Gate Parkway Professional Office Commercial Overlay District GMP Collier County Growth Management Plan 5 # # # # # # # # # # # # # 6 7 2.03.07 - Overlay Zoning Districts 8 9 * * * * * * * * * * * * * 10 11 F.Golden Gate Parkway Overlay District (GGPOD)12 13 1.Purpose and intent. The purpose and intent of these provisions is to implement14 the goals, objectives, and policies of the GGAMP, specifically the Golden Gate City 15 Sub-Element. These provisions shall also be utilized in concert with the County’s 16 Golden Gate City Economic Development Zone, Ordinance 2018-56. 17 18 2.Applicability.19 20 a.The use regulations of this LDC section and the design standards of LDC21 section 4.02.26, shall apply to all properties as shown in Illustration 1 of 22 LDC section 2.03.07 F.4.b. 23 24 b.Property owners within the GGPOD may establish uses, densities, and25 intensities in accordance with the underlying zoning classification or the 26 GGPOD. In either instance, however, the density and intensity shall not 27 exceed the maximum allowed pursuant to the GMP. The design standards 28 of the GGPOD pursuant to LDC section 4.02.26 shall apply. 29 30 c.Any PUD established prior to the effective date of this ordinance, including31 amendments or boundary changes, may elect to utilize the use regulations 32 and design standards of the GGPOD. Any PUD proposed after the 33 effective date of this ordinance shall apply the provisions of the GGPOD, 34 unless a deviation is approved in accordance with LDC section 10.02.13 35 A.3.36 37 d.Where a property or a PUD is partially located within the boundary of the38 GGPOD, the provisions of the GGPOD shall only be available to that 39 portion of the property located within the GGPOD. 40 Page 42 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx e.Conditional Uses approved prior to the effective date of this ordinance that 1 include design standards inconsistent with the provisions of the GGPOD 2 may elect to utilize the provisions of the GGPOD without the review of the 3 CU as required by LDC section 10.02.08 G.4. 4 5 3.Definitions. The following definitions shall apply to the GGPOD:6 7 Mixed use: A single development project with a residential component and a 8 nonresidential component. The mix of uses may be arranged horizontally 9 (separate buildings with a common development plan) or vertically (in the same 10 building), or some combination of both. Examples include but are not limited to 11 the following: 12 13 14 15 16 4.Establishment of subdistricts.17 18 a.Purpose and Intent.19 20 i.The Mixed Use Activity Center Subdistrict (GGPOD-AC). This21 subdistrict is intended to be mixed-use (commercial, residential, 22 institutional) in character. The concept is designed to concentrate 23 new and existing commercial zoning in locations where traffic 24 impacts can be readily accommodated, to avoid strip and 25 disorganized patterns of commercial development, and to create 26 focal points within the community. The standard for intensity of 27 commercial uses are uses allowed in the C-1 through C-5 zoning 28 districts but with certain exceptions. In addition, uses that are 29 specifically intended to support economic development in Golden 30 Gate city are also allowed. 31 32 ii.Downtown Center Commercial Subdistrict (GGPOD-DT). This33 subdistrict is to encourage redevelopment along Golden Gate 34 Parkway in order to improve the physical appearance of the area 35 and create a vibrant and viable downtown subdistrict within Golden 36 Gate City. Emphasis shall be placed on the creation of a 37 pedestrian-oriented boulevard. The provisions of this subdistrict 38 Vertical mixed use Horizontal mixed use Page 43 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx are intended to ensure harmonious development of commercial and 1 mixed use buildings at a pedestrian scale that are compatible with 2 residential development within and outside of the subdistrict. The 3 subdistrict allows the aggregation of properties in order to promote 4 flexibility in site design. The types of uses permitted within this 5 subdistrict are low intensity retail, office, personal services, 6 institutional, and residential. Non-residential development is 7 intended to serve the needs of residents within the subdistrict, 8 surrounding neighborhoods, and passerby. 9 10 b.Boundaries of GGPOD and subdistricts. The boundaries of the GGPOD11 and subdistricts are identified in Illustration 1 below: 12 13 14 (map to be added) 15 16 Illustration 1 - GGPOD with subdistricts 17 18 19 20 21 22 Page 44 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 5.Table of Uses.1 2 a.The Table of Uses identifies uses as permitted uses (P) or conditional uses3 (CU). Conditional uses shall require approval in accordance with the 4 procedures set forth in LDC section 10.08.00. 5 6 b.Table 1.7 8 Use Category Mixed Use Activity Center Subdistrict (GGPOD- AC)1 Downtown Center Commercial Subdistrict (GGPOD- DT)1 Residential Uses 1)Artist village.P P 2)Dwelling, Multi-Family, including townhouses.P P 3)Live-work units.P P 4)Any use listed as permitted in the underlying zoning. P P 5)Any use listed as a conditional use in the underlying zoning district. CU CU Commercial Uses2 1)Any use listed as permitted in the underlying zoning district. P P 2)Any use listed as a conditional use in the underlying zoning district. C C 3)Any use listed as a permitted use in any of the C- 1, C-2, or C-3 zoning districts, without size limitations. P P 4)Any use listed as a conditional use in any of the C-1, C-2, or C-3 zoning districts, without size limitations. P CU4 5)Any use listed as a permitted use in the C-4 or C- 5 zoning districts. P 6)Any use listed as a conditional use in the C-4 or C-5 zoning districts. CU4 7)Hotels and motels (7011, 7021, and 7041).P P Economic Development Uses2, 3 1)Aircraft and parts (3721-3728).P 2)Beverages (2082-2087).P 3)Communications equipment (3661-3669).P 4)Computer and office equipment (3571-3579).P 5)Construction, mining, and materials handling (3531, 3534-3537). P 6)Dental laboratories (8072).P Page 45 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 7)Drugs (2833-2836).P 8)Electrical industrial apparatus (3621-3629).P 9)Electric lighting and wiring equipment (3641-3646, 3648). P 10)Electric transmission and distribution equipment (3612-3613). P 11)Electronic components and accessories (3671- 3679). P 12)Engines and turbines (3511-3519).P 13)Farm machinery and equipment (3523-3524).P 14)Furniture and fixtures, not elsewhere classified (2599). P 15)General industrial machinery and equipment (3561, 3563, 3565-3569). P 16)Household appliances, not elsewhere classified (3639). P 17)Household audio and video equipment, and audio (3651-3652). P 18)Jewelers' findings and materials, and lapidary work (3915). P 19)Laboratory apparatus and analytical, optical, measuring, and controlling instruments (3821- 3829). P 20)Manufacturing industries, not elsewhere classified (3999). P 21)Metalworking machinery and equipment (3546 and 3548). P 22)Miscellaneous electrical machinery, equipment, and supplies (3691-3692, 3695-3699). P 23)Miscellaneous industrial and commercial (3593- 3599). P 24)Ophthalmic goods (3851).P 25)Photographic equipment and supplies (3861).P 26)Refrigeration and service industry machinery (3581-3582, 3586-3589). P 27)Search, detection, navigation, guidance, aeronautical, and nautical systems and instruments (3812). P 28)Special industry machinery, except metalworking (3552-3559). P 29)Surgical, medical, and dental instruments and supplies (3841-3845). P 30)Transportation equipment, not elsewhere classified (3799). P Page 46 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 31)Watches, clocks, clockwork operated devices, and parts (3873). P 32)Any other Economic Development use which is comparable in nature with the list of permitted uses contained herein and consistent with the purpose and intent statement of the GGPOD as determined by the Hearing Examiner or Board of Zoning Appeals, pursuant to LDC section 10.02.06. P Notes: 1 2 1 See LDC section 2.03.07 F.6. for specific prohibitions in the 3 GGPOD. 4 5 2 See LDC section 4.02.26 B.14. for pollution control standards. 6 7 3 See LDC section 4.02.26 C. for design standards specific to 8 Economic Development uses. 9 10 4 Vertical mixed use developments shall be permitted uses. 11 12 6.Prohibited uses. These uses are prohibited, except that uses existing as of13 [effective date of Ordinance] may continue to operate as a permitted use until the 14 use ceases for a period of one year. This section does not apply to the uses 15 allowed in the underlying zoning district. 16 17 a.Prohibited uses in the GGPOD-AC and GGPOD-DT.18 19 i.Ancillary plants.20 21 ii.Animal specialty services, except veterinary (0752, with outdoor22 kenneling). 23 24 iii.Automobile dealers (5511 and 5599).25 26 iv.Automobile parking (7521), tow-in parking lots only.27 28 v.Automotive services (7549).29 30 vi.Automotive repair services (7532-7539).31 32 vii.Boat dealers (5551).33 34 viii.Building construction (1521-1542).35 36 ix.Car washes (7542).37 38 x.Carpentry and floor work contractors (1751-1752).39 Page 47 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx xi.Communication towers.1 2 xii.Concrete work (1771).3 4 xiii.Correctional institutions (9223).5 6 xiv.Electrical contractors (1731).7 8 xv.Equipment Rental and Leasing, Not Elsewhere Classified (7359 –9 airplane rental and leasing; industrial truck rental and leasing; oil 10 field equipment rental and leasing; oil well drilling equipment rental 11 and leasing; and toilets, portable: rental and leasing only). 12 13 xvi.Farm product raw materials (5153-5150).14 15 xvii.Fuel dealers (5983-5989).16 17 xviii.Gasoline service stations (5541).18 19 xix.Glass and glazing work (1793).20 21 xx.Golf courses, public (7992).22 23 xxi.Heating and air-conditioning contractors (1711).24 25 xxii.Heavy construction equipment rental and leasing (7353).26 27 xxiii.Installation or erection of building equipment contractors (1796).28 29 xxiv.Local trucking without storage (4212).30 31 xxv.Marinas (4493 and 4499).32 33 xxvi.Masonry, stonework, tile setting and plastering contractors (1741-34 1743). 35 36 xxvii.Mobile home dealers (5271).37 38 xxviii.Motion picture theatres, drive-in (7833).39 40 xxix.Motor freight transportation and warehousing (4225).41 42 xxx.Motor vehicle dealers, new and used (5511, 5521).43 44 xxxi.Motorcycle dealers (5571).45 46 xxxii.Outdoor storage yards.47 48 xxxiii.Packing Services (4783).49 Page 48 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx xxxiv.Painting and paper hanging (1721).1 2 xxxv.Passenger car leasing (7515).3 4 xxxvi.Passenger car rental (7514).5 6 xxxvii.Plumbing contractors (1711).7 8 xxxviii.Recreational vehicle dealers (5561).9 10 xxxix.Roofing, siding and sheet metal work contractors (1761).11 12 xl.Special trade contractors, not elsewhere classified (1799).13 14 xli.Structural steel erection contractors (1791).15 16 xlii.Taxicabs (4121).17 18 xliii.Truck rental and leasing, without drivers (7513).19 20 xliv.Veterinary services (0741 & 0742, with outdoor kenneling).21 22 xlv.Utility trailer and recreational vehicle rental (7519).23 24 xlvi.Any commercial use, excluding a bank, that employs drive-up,25 drive-in, or drive-through delivery of goods or services. Pedestrian 26 walk-up windows located outside of the building shall not be 27 included in this prohibition and shall be allowed. 28 29 b.Additional prohibitions for the GGPOD-DT only.30 31 i.Any commercial use employing drive-up, drive-in, or drive-through32 delivery of goods or services. Pedestrian walk-up windows located 33 outside of the building shall not be included in this prohibition and 34 shall be allowed. 35 36 ii.No automatic food and drink vending machines located outside of37 a building. 38 39 iii.Enameling, painting, or plating as a principal use is prohibited;40 however, these are permitted if accessory to an artist or craft studio. 41 42 iv.Prisons, detention facilities, halfway houses, soup kitchens,43 homeless shelters, and single-room occupancy hotels, which are 44 dormitory-style hotels with shared bathrooms and public space. 45 46 F.Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).47 48 Page 49 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 1.The provisions of the "GGPPOCO" district are intended to provide Golden Gate 1 City with a viable professional office commercial district. The professional office 2 commercial district has two (2) purposes. (1), to serve as a bonafide entry way into 3 Golden Gate City. (2), to provide a community focal point and sense of place. The 4 uses permitted within this district are generally low intensity, office development 5 which minimize vehicular traffic, provide suitable landscaping, control ingress and 6 egress, and ensure compatibility with abutting residential districts. 7 8 2.These regulations apply to properties north and south of Golden Gate Parkway,9 starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. 10 in Golden Gate City as measured perpendicularly from the abutting right-of-way for 11 a distance of approximately 3,600 feet more or less and consisting of 12 approximately 20.84 acres. These properties are identified on Map two (2) of the 13 Golden Gate Area Master Plan. Except as provided in this regulation, all other use, 14 dimensional, and development requirements shall be as required in the underlying 15 zoning categories. 16 17 a.Permitted Uses.18 19 1.Accounting (8721).20 2.Adjustment and collection services (7322).21 3.Advertising agencies (7311).22 4.Architectural services (8712).23 5.Auditing (8721).24 6.Banks and credit Unions (6021-6062).25 7.Bookkeeping services (8721).26 8.Business associations (8611).27 9.Business consulting services (8748).28 10.Business credit institutions (6153—6159).29 11.Commercial art and graphic design (7336).30 12.Commercial photography (7335).31 13.Computer programming services (7371).32 14.Computer programming, processing, data preparation, information33 retrieval, facilities management, and miscellaneous services (7371, 34 7374—7376, 7379). 35 15.Credit reporting services (7323).36 16.Direct mail advertising services (7331).37 17.Eating places (5812 except carry-out restaurants; contract feeding;38 dinner theaters; drive-in and drive-through restaurants; fast food 39 restaurants, carry-out; restaurants, fast-food; submarine sandwich 40 shops). 41 18.Employment Agencies (7361).42 19.Engineering services (8711).43 20.Health services, offices and clinics (8011—8049).44 21.Holding and other investment offices (6712—6799).45 22.Insurance carrier, agents and brokers (6311—6399, 6411).46 23.Legal services (8111).47 24.Loan brokers (6163).48 25.Management services (8741—8742).49 Page 50 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 26.Mortgage bankers and loan correspondents (6162).1 27.Museums and art galleries (8412).2 28.Personal credit institutions (6141).3 29.Photographic studios, portrait (7221).4 30.Professional Membership organizations (8621).5 31.Public administration (9111—9199, 9229, 9311, 9411—9451,6 9511—9532, 9611—9661). 7 32.Public relations services (8743).8 33.Radio, television and publishers advertising representatives (7313).9 34.Real estate (6512—6514, 6519, 6531—6553).10 35.Research, development, and testing services (8732).11 36.Secretarial and court reporting services (7338).12 37.Security and commodity brokers, dealers, exchanges, and services13 (6211—6289). 14 38.Surveying services (8713).15 39.Tax return preparation services (7291).16 40.Travel agencies (4724).17 41.Veterinary services (0742, excluding outside kenneling).18 42.Any other commercial use or professional service which is19 comparable in nature with the foregoing uses. 20 21 b.Accessory Uses.22 23 1.Uses and structures that are accessory and incidental to the24 permitted uses. 25 26 3.For signage to be located along the Golden Gate Parkway, see sections 5.06.0027 of the Collier County Sign Code and the Golden Gate Master Plan. 28 29 # # # # # # # # # # # # # 30 31 O.Reserved. Golden Gate Downtown Center Commercial Overlay District (GGDCCO).32 Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate33 City, as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of 34 the Golden Gate Area Master Plan and as contained herein. 35 36 1.Applicability. These regulations apply to properties in Golden Gate City lying north37 of Golden Gate Parkway, generally bounded by 23rd Avenue SW and 23rd Place 38 SW to the north, 45th Street SW to the west, and 41st Street SW and Collier 39 Boulevard to the east. South of Golden Gate Parkway, these regulations apply to 40 properties bounded by 25th Avenue SW to the south, 47th Street SW to the west, 41 and 44th Street SW to the east. These properties are more precisely identified on 42 the "Golden Gate Downtown Center Commercial Subdistrict" map of the Golden 43 Gate Area Master Plan and as depicted on the applicable official zoning atlas 44 maps. Except as provided in this section and section 4.02.26, all other use, 45 dimensional and development requirements shall be as required or allowed in the 46 underlying zoning districts. 47 48 Page 51 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 2.Purpose and Intent. The purpose and intent of this overlay district (see Downtown 1 Center Commercial Subdistrict Map) is to encourage redevelopment herein in 2 order to improve the physical appearance of the area and create a viable 3 downtown district for the residents of Golden Gate City and Golden Gate Estates. 4 Emphasis shall be placed on the creation of pedestrian-oriented areas, such as 5 outdoor dining areas and pocket parks, that do not impede the flow of traffic along 6 Golden Gate Parkway. Also, emphasis shall be placed on the construction of 7 mixed-use buildings. Residential dwelling units constructed in this overlay district 8 are intended to promote resident-business ownership. The provisions of this 9 overlay district are intended to ensure harmonious development of commercial 10 and mixed-use buildings at a pedestrian scale that is compatible with residential 11 development within and outside of the overlay district. 12 13 3.Aggregation of Properties. This overlay district encourages the aggregation of14 properties in order to promote flexibility in site design. The types of uses permitted 15 within this overlay district are low intensity retail, office, personal services, 16 institutional, and residential. Non-residential development is intended to serve the 17 needs of residents within the overlay district, surrounding neighborhoods, and 18 passersby. 19 20 4.Permitted uses.21 22 a.Residential uses: As permitted by right in the existing residential zoning23 districts, except as otherwise prohibited by this overlay, when: 24 25 1.In an existing owner occupied structure.26 27 2.In an existing non-owner occupied structure, until such time as28 cessation is required by subsection 4.02.37 A.1 29 30 b.Residential within a mixed use building31 32 c.Commercial uses:33 34 1.Accounting services (8721).35 2.Adjustment and collection services (7322).36 3.Advertising Agencies (7311).37 4.Apparel & accessory stores (5611-5699).38 5.Architectural services (8712), limited to 5,000 square feet per floor.39 6.Auto and home supply stores (5531).40 7.Barber shops (7241).41 8.Beauty shops (7231).42 9.Building cleaning and maintenance services (7349).43 10.Business associations (8611).44 11.Business consulting services (8748).45 12.Business services - miscellaneous (7397).46 13.Business repair service.47 14.Carpet and upholstery cleaning (7217).48 15.Commercial art and graphic design (7336).49 Page 52 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 16.Commercial photography (7335).1 17.Computer programming, data processing, rental, leasing, repair2 and other services (7371-7379). 3 18.Computer and computer software stores (5734).4 19.Credit reporting services (7323).5 20.Department stores (5311).6 21.Direct mail advertising services (7331).7 22.Disinfecting and pest control services (7342).8 23.Drug stores (5912), limited to 5,000 square feet per floor.9 24.Eating establishments and places (5812 except commercial use10 employing drive-up, drive-in, or drive-through delivery of goods 11 and/or services). 12 25.Electrical and electronic repair shop (7629).13 26.Employment agencies (7361).14 27.Engineering services (8711), limited to 5,000 square feet per floor.15 28.Equipment rental and leasing (7359), not including heavy16 construction equipment. 17 29.Essential services, see sec. 2.01.03; except that law enforcement,18 fire, and emergency medical services uses are limited to 19 administrative offices only. 20 30.Food stores (groups 5411-5499).21 31.Funeral service and crematories (7261).22 32.General merchandise stores (5331-5399).23 33.Glass stores (5231).24 34.Hardware stores (5251).25 35.Health services, offices and clinics (8011-8049).26 36.Home furniture and furnishing stores (5712-5719).27 37.Home health care services (8082).28 38.Household appliance stores (5722).29 39.Insurance carriers, agents and brokers (6311-6399, 6411).30 40.Labor unions (8631).31 41.Landscape architects, consulting and planning (0781), limited to32 5,000 square feet per floor. 33 42.Large Appliance Repair Service (7623).34 43.Laundry and drycleaners agents, garment pressing, linen supply,35 cleaning services (7212, 7213, 7219); no coin operated laundries 36 or drycleaners. 37 44.Legal services (8111).38 45.Libraries (8231).39 46.Management services (8741, 8742).40 47.Medical equipment rental and leasing (7352).41 48.Membership organizations - miscellaneous (8699).42 49.Museums and art galleries (8412).43 50.Musical instrument stores (5736).44 51.Outdoor advertising services (7312).45 52.Paint stores (5231).46 53.Parks, public or private; limited to pocket parks only, generally47 described as a small area accessible to the general public that often 48 Page 53 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx includes plantings, fountains, seating areas, and other similar 1 passive open space features. 2 54.Personal services - miscellaneous (7299, babysitting bureaus,3 clothing and costume rental, dating service, depilatory salons, diet 4 workshops, dress suit rental, electrolysis, genealogical 5 investigation service, and hair removal only). 6 55.Personnel supply services (7363, except labor pools).7 56.Photocopying and duplicating services (7334).8 57.Photofinishing laboratories (7384).9 58.Photographic studios, portrait (7221).10 59.Physical fitness facilities (7991).11 60.Political organizations (8651).12 61.Professional membership organizations (8621).13 62.Public relations services (8743).14 63.Radio, television and consumer electronics stores (5731).15 64.Radio, television and publishers advertising representatives (7313).16 65.Record and prerecorded tape stores (5735).17 66.Real estate (6512, 6531, 6541).18 67.Retail - miscellaneous (5921-5963 and 5992-5999, excluding liquor19 stores, pawn shops, retail firearm and ammunition sales), limited to 20 5,000 square feet per floor. 21 68.Retail nurseries, lawn and garden supply stores (5261).22 69.Schools - vocational (8243-8299).23 70.Secretarial and court reporting services (7338).24 71.Security and commodity brokers, dealers, exchanges, and services25 (6211-6289). 26 72.Shoe repair shops or shoeshine parlors (7251).27 73.Surveying services (8713), limited to 5,000 square feet per floor.28 74.Tax return preparation services (7291).29 75.United States Postal Service (4311, except major distribution30 center). 31 76.Videotape Rental (7841), limited to 1,800 square feet of gross floor32 area. 33 77.Wallpaper stores (5231).34 78.Watch, clock and jewelry repair (7631).35 36 5.Accessory uses. Accessory uses within the GGDCCO include the uses listed37 below. 38 39 a.Caretaker's residence, accessory to commercial and mixed use projects40 only. 41 42 b.Enameling, painting, or plating, accessory to an artist's studio or craft studio43 only. 44 45 c.Play areas and playgrounds.46 47 d.Recreational facilities.48 49 Page 54 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 6.Conditional uses. Conditional uses within the GGDCCO include the uses listed 1 below, subject to the standards and procedures established in section 10.08.00. 2 3 a.Auctioneering Services, auction rooms and houses (5999, 7389); limited to4 5,000 square feet per floor. 5 6 b.Community centers.7 8 c.Dance studios, schools, and halls (7911).9 10 d.Food stores (5411-5499), over 5,000 square feet.11 12 e.Motion picture theaters (7832).13 14 f.Outdoor dining areas, not directly abutting the Golden Gate Parkway right-15 of-way. 16 17 7.Prohibited uses. Prohibited uses within the GGDCCO include the uses listed18 below: 19 20 a.New residential-only structures.21 22 b.Any commercial use employing drive-up, drive-in or drive-through delivery23 of goods or services. 24 25 c.Sexually oriented businesses (Code of Laws, 26-151 et seq.).26 27 d.Enameling, painting or plating as a primary use. However, these uses are28 permitted if secondary to an artist's or craft studio. 29 30 e.Single-room occupancy hotels, prisons, detention facilities, halfway31 houses, soup kitchens or homeless shelters. 32 33 # # # # # # # # # # # # # 34 35 2.05.01 - Density Standards and Housing Types 36 37 A.Where residential uses are allowable, the following density standards and housing type38 criteria shall apply.39 40 Housing Type: Zoning District: Single- family Duplex Townhouse Multifamily Mobile Home Cluster Guest House Caretaker Units (number allowed) Timeshare Recreational vehicles1 Maximum Density2, 17 (units per gross acre) * * * * * * * * * * * * GGDCCO GGPOD Per the GMP and/or the underlying zoning district 41 Page 55 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx # # # # # # # # # # # # # 1 2 4.02.26 - Design Standards for the Golden Gate Parkway Overlay District (GGPOD). 3 4 A.General.5 6 1.Unless otherwise specified, the standards contained in this section shall be7 applicable to all development, except for single-family dwellings (detached) and 8 two-family dwellings on residentially-zoned lots, group housing, public schools, 9 and any use listed as a prohibited use pursuant to LDC section 2.03.07 F.6.a. 10 These excepted uses shall comply with the dimensional standards for principal and 11 accessory uses in the underlying zoning district and all other applicable standards 12 of the LDC. 13 14 2.The provisions of LDC section 4.02.38 shall not apply to properties in the GGPOD.15 16 3.LDC provisions of LDC section 5.03.02 H. shall not apply to properties in the17 GGPOD. 18 19 4.The provisions of LDC section 5.05.07 shall not apply to townhouse development20 in the GGPOD. 21 22 5.The provisions of LDC section 5.05.08 shall not apply to “vertical mixed use”23 projects in the GGPOD, except for the following standards: 24 25 a.LDC section 5.05.08 D.8. (overhead doors);26 27 b.LDC section 5.05.08 D.15. (neon tubing);28 29 c.LDC section 5.05.08 E.8. (parking structures), which shall be in accordance30 with LDC section 4.02.26 B.9. 31 32 d.LDC section 5.05.08 F.3. (pedestrian pathways);33 34 e.LDC section 5.05.08 F.4. (service function areas and facilities);35 36 f.LDC section 5.05.08 F.6. (drive-through facilities location and buffering37 standards); and 38 39 g.LDC section 5.05.08 F.7. (lighting).40 Page 56 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx B.Architectural, building, and site design standards.1 2 1.Table 1. Dimensional Requirements in the GGPOD.34 Residential Use Non-Residential Use and Mixed Use Min. Lot Area (square feet) Townhouse: 2,000 (per unit); Multi-Family: 10,000 10,000 Min. Lot Width (linear feet) Townhouse: 20 Multi-Family: 100 100 Max. Floor Area Ratio N/A 0.90 (hotels only) Min. Floor Area (square feet per unit) Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 N/A Max. Building Coverage (%) 100 Required Yards Min. Front Yard (feet) 01, 2 Max. Front Yard (feet) 15 Min. Side Yard (feet) 01 Min. Rear Yard (feet) 5 Max. Zoned Height (feet) GGPOD-AC Townhouse: 45 Multi-Family: 75 75 GGPOD-DT Townhouse: 45 Multi-Family: 60 60 Notes: 5 6 1 No building, appurtenance, or site design element listed in LDC 7 section 4.02.01 D., or any outdoor seating areas shall project 8 beyond the property line or be placed into a right-of-way. 9 10 2 All projects providing a front yard setback greater than zero feet 11 must accommodate pedestrians, bicyclists, or be designed with 12 combination of planting, seating, or hardscaped areas. 13 14 2.Terminating vistas.Buildings or projects that terminate a vista at the end or 15 turning point of any street or pedestrian path shall include design features to 16 emphasize the importance of the view. Examples of design features include but 17 are not limited to tower elements, porte-cocheres, and cupolas. 18 19 3.Blank walls. Building wall areas must be interrupted with a minimum of an opening20 or relief work every 120 square feet, measured both horizontally and vertically. 21 Examples of relief work may include but not be limited to stucco reveals, foam 22 decorative banding, planted trellises, or other design treatments. 23 24 4.Roof material. Asphalt shingles are prohibited.25 Page 57 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 5.Exterior building façade materials. Corrugated or metal panels are limited to no 1 more than 33 percent of exterior building facades (not applicable to roofs). 2 3 6.Architectural massing. Transitional massing elements specified in LDC section4 5.05.08 D.3. shall be provided on proposed buildings in the GGPOD that are twice 5 the height or more of adjacent residential development located external to the 6 GGPOD or twice the height or more of the maximum height allowed on adjacent 7 residentially-zoned properties that are external to the GGPOD. 8 9 7.Streetscape design of buildings.The standards contained herein are 10 applicable to all properties fronting on existing rights -of-way that are 60 feet in 11 width or greater or on new streets of any width platted after (the adoption date of 12 this ordinance) pursuant to LDC section 4.02.26 D. 13 14 a.Design features at intersections.Buildings located at the intersection 15 of two or more arterial, collector, or new streets platted after (th e adoption 16 of this ordinance) shall include design features to emphasize their location 17 as gateways and transition points within the community. Examples of 18 required design features include but are not limited to tower elements, 19 public plazas, or courtyards. 20 21 b.Windows.The ground floor of non-residential buildings shall have at 22 least 60 percent of its façade designed with windows to provide visual 23 interest for pedestrians and to serve as a deterrent to crime. 24 25 c.Building entrances.Buildings located along public or private streets must 26 be designed with main entrances for pedestrians clearly defined and 27 oriented to the street. 28 29 8.Landscape. Landscaping and buffering shall be provided in accordance with LDC30 section 4.06.00 at time of SDP or PPL, except as follows: 31 32 a.Buffers. No landscape buffer shall be required along the perimeter of any33 lot line, except where such lot consists of a nonresidential use and is 34 adjacent to lands located outside the GGPOD and zoned for single-family 35 residential dwellings. In this instance, a minimum five -foot wide planting 36 strip with shrubs and trees shall be required. Shrubs shall be no less than 37 five feet in height and spaced a maximum of four feet on-center at the time 38 of planting. Trees shall be a minimum of 10 feet in height, four feet in 39 spread, 1-3/4-inch caliper, and spaced a maximum of one per 25 linear 40 feet. These landscape buffers may be interrupted to provide for pedestrian 41 access only. 42 43 b.Parking lots, vehicular use area, and service function areas. Landscaping44 for off-street parking lots, vehicular use areas, and service function areas 45 shall be designed in accordance with LDC section 4.06.03, except for the 46 following: 47 48 i.Interior of parking lot.49 Page 58 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx a)A maximum of 30 percent of the landscape islands may 1 have a minimum width of five feet inside planting area. 2 3 b)Plantings within parking lots shall be a maximum of 254 percent turf grass. The balance shall be shrubs or 5 groundcover in planting areas appropriate to the design. 6 7 ii.Perimeter of parking lot, vehicular use area, or service function8 area. The perimeter shall have a five-foot wide perimeter planting 9 area, exclusive of curbing. The perimeter planting area shall be 10 designed in accordance with the following: 11 12 a)Trees a minimum of 10 feet in height, four feet in spread, 1-13 3/4-inch caliper, and spaced a maximum of one per 25 linear 14 feet. 15 16 b)Shrubs arranged in a staggered pattern with a minimum size17 of three gallons, spaced no more than three feet on-center 18 at the time of planting to provide year-round screening. 19 Where the perimeter planting area abuts lands outside the 20 GGPOD and zoned for single-family residential, the shrubs 21 shall be no less than five feet in height and spaced four feet 22 on-center at the time of planting. 23 24 c)Perimeter planting strips may be interrupted to provide for25 driveway openings or for pedestrian access points. 26 27 c.Building foundation plantings.28 29 i.Buildings, including parking structures with ground floor commercial30 or residential along the front facade, shall be required to have 31 foundation plantings designed in accordance with LDC section 32 4.06.05, except for as follows: 33 34 a)The minimum required planting area shall be the equivalent35 of 10 percent of the gross ground floor area of the building. 36 37 b)As an alternative to providing a continuous building38 foundation planting width, the planting areas shall be 39 located within 25 feet of the building edge in the form of 40 landscaped courtyards and seating area landscaping. 41 42 c)It is unnecessary to provide foundation plantings along43 facades where the building is setback less than five feet 44 from the property line; however, the minimum size of the 45 required planting area shall still be required and re-allocated 46 elsewhere on-site. 47 48 Page 59 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx d)None of the required foundation plantings shall be located 1 within perimeter buffers or within parking lot, vehicular use, 2 or service function areas. 3 4 ii.Stand-alone parking structures and parking structures designed5 without ground floor retail or residential uses along the front façade 6 shall provide foundation landscaping in accordance with LDC 7 section 4.06.05 C., except that the minimum width of the planting 8 bed shall be 10 feet. 9 10 9.Signage. The sign standards of LDC sections 5.06.02 and 5.06.04 shall apply to11 all mixed use and non-residential projects within the GGPOD. In addition, the 12 following provisions shall apply to all wall, awning, ground, blade, and menu signs 13 for all nonresidential and mixed use projects: 14 15 a.Signs on awnings can be combined and calculated with wall signs, to the16 extent that signs on walls and awnings shall not exceed the maximum 17 square footage allowed for wall signs. 18 19 b.Graphic elements, logos, mosaic tiles, or names created in flooring20 immediately outside the front entrance with a maximum size of six square 21 feet are allowed. 22 23 c.Non-illuminated plaques shall be allowed subject to the following:24 25 i.Each business may mount a maximum of two plaques at their front26 entrance with each plaque restricted to a maximum of two square 27 feet. Plaques must be flush or pin-mounted on the storefront or 28 façade. 29 30 ii.A plaque with a maximum size of two square feet may be mounted31 at the exit door of each business. The purpose of this plaque is to 32 identify the business name or address for emergency response or 33 for the delivery of goods. 34 35 d.A wall sign not to exceed three square feet is allowed in connection with a36 walk-up or take-out window. This sign shall not count toward the maximum 37 size or number allowed for wall signs. 38 39 10.Open space.40 41 a.In order to promote a vibrant, walkable, urban community, the GGPOD42 public open space standards are intended to concentrate open space in 43 structured, functional, and usable spaces that are nodes along connected 44 pedestrian paths or corridors that are accessible to the public. 45 46 b.The standards of LDC section 4.02.01 B. shall apply, except that a47 minimum of 15 percent of the gross area shall be devoted to useable open 48 space as follows: 49 Page 60 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx i. Residential developments on parcels 2.5 acres or greater; or 1 2 ii.Commercial, Economic Development, and mixed use projects on3 five acres or greater. 4 5 c.Usable open space, as defined in LDC section 1.08.02, shall also include6 publicly accessible site features, such as pedestrian and walking paths, 7 plazas, and passive furnishings. Passive furnishings include but are not 8 limited to benches, pavilions, and picnic areas. Pervious trail links 9 connecting within or across open spaces may count toward the 10 requirement of usable open space. Lakes, detention areas with publicly 11 accessible sidewalks or other impervious paths, and active recreation fields 12 or courts that are accessible to the public may be counted toward the 13 required public open space. 14 15 11.Pedestrian pathways. Pedestrian pathways required in accordance with LDC16 section 5.05.08 F.3. shall be a minimum of six feet in width. 17 18 12.Exterior lighting.19 20 a.Public paths shall be clearly marked by using design elements such as21 landscaping and pedestrian lighting. 22 23 b.Illumination levels in the GGPOD shall not exceed 0.5 footcandles at24 property lines where adjacent to residential development that is external to 25 the GGPOD or residentially-zoned property that is external to the GGPOD, 26 excluding where required pursuant to LDC section 6.06.03. 27 28 13.Public transit facilities. In addition to the off-site improvements required in LDC29 section 6.06.02 A., where a bus stop is located immediately adjacent to the subject 30 property or where a property abuts a bus route, a landing pad, bicycle storage rack, 31 and bus stop identification sign, all of which approved by CAT, shall be provided 32 by Developer at no cost to the County in the adjacent right-of-way or within a 33 dedicated easement, for all new development and redevelopment projects 34 proposing more than 50 dwelling units or 10,000 square feet of a non-residential 35 use. If these CAT facilities exist, the County Manager or designee may waive this 36 requirement. 37 38 14.Pollution control. Any discharge from industrial, commercial, or manufacturing39 processes to a stormwater or surface water management system is prohibited. 40 Wastewater from any industrial, commercial, or manufacturing process must be 41 contained within a building or disposed of through the Collier County Water-Sewer 42 District’s wastewater collection system pursuant to the Collier County Industrial 43 Pretreatment Ordinance, (Ord. No. 2003-18, as amended). 44 45 15.Service function areas and facilities. The provisions of LDC section 5.05.08 F.4.46 shall apply, except that loading docks, solid waste facilities, recycling facilities, and 47 other services elements shall be placed to the sides or rear of the building. Service 48 Page 61 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx function areas shall be screened along rights-of-way in accordance with LDC 1 Section 4.02.26 B., where applicable. 2 3 16.Off-street parking and loading. Unless otherwise specified, all parking and loading4 standards shall comply with LDC Section 4.05.00. In addition, the following 5 provisions shall apply: 6 7 a.Location of parking lots. The design of off-street parking lots shall comply8 with the provisions of LDC section 5.05.08 F.2 except that parking lots, 9 vehicular use areas, and service function areas shall be located to the sides 10 or rear of buildings. 11 12 b.Driveways for single-family attached dwelling units. Where a lot abuts an13 alley and the rear yard accommodates the driveway and unenclosed 14 parking of vehicles in accordance with LDC section 4.02.03 D., the 15 minimum length of such driveway shall be 23 feet. 16 17 c.Screening from abutting rights-of-way. Off-street parking lots and vehicular18 use areas shall be screened along rights-of-way in accordance with LDC 19 section 4.02.26 B.8., where applicable. 20 21 d.Spaces required.22 23 i.Hotels shall provide one space per hotel room.24 25 ii.All other non-residential uses shall provide a minimum number of26 parking spaces equal to one space per 1,000 square feet. 27 28 e.Reductions to the number of required spaces.29 30 i.Off-street parking requirements shall be reduced cumulatively by31 the following provisions, when applicable: 32 33 a)No additional off-street parking is required for outdoor dining34 or outdoor restaurant seating areas. 35 36 b)For mixed use projects, the required number of residential37 off-street parking spaces is reduced by 10 percent. 38 39 c)The minimum number of spaces required shall be reduced40 by the County Manager or designee when it has been 41 determined that the reduction is necessary to preserve an 42 existing healthy tree or trees (with a 12-inch or greater 43 diameter at breast height) from being damaged or removed, 44 and where the SDP provides for the retention of said tree or 45 trees. 46 47 ii.Off-street parking requirements shall be further reduced by applying48 only one of the following provisions: 49 Page 62 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 1 a)If the subject property is located within the GGPOD-AC and 2 within 330 feet of an improved public transit facility, such as 3 a bus shelter, bus transfer facility, or park and ride site, the 4 required number of off-street parking spaces shall be 5 reduced by 20 percent; 6 7 b)If the subject property is located within the GGPOD-DT and8 within 330 feet of an improved public transit facility, such as 9 a bus shelter, bus transfer facility, or park and ride site, the 10 required number of off-street parking spaces shall be 11 reduced by 10 percent; or 12 13 c)If a public transit facility, such as bus shelter, bus transfer14 facility, or park and ride accommodation, is provided on-site 15 and in coordination with and accepted by the Collier Area 16 Transit, or if a bike-share station or ride-share pick up/drop 17 off zone is provided on-site, the facility shall substitute for a 18 portion of the standard required off-street parking spaces. 19 The total percentage of parking reduction shall only equal a 20 maximum of 30 percent of the minimum required off-street 21 parking spaces. The County Manager or designee may 22 approve an alternative parking credit if the applicant 23 provides a site-specific analysis of the projected frequency 24 of passenger or patron use demonstrating a greater off-set 25 of parking spaces is warranted. 26 27 f.On-street parking. Where on-street parking exists or is permitted, a28 development shall count the spaces directly abutting the site's frontage 29 toward the minimum parking requirement; however, the on-street parking 30 spaces are considered public spaces and are not for the exclusive use of 31 the adjacent use. 32 33 g.Parking structures.34 35 i.Parking structures shall comply with LDC section 5.05.08 E.8,36 except that building foundation landscaping shall be provided in 37 accordance with LDC section 4.02.26 B.8.c.ii. 38 39 ii.Parking structure façades shall be designed to screen views of40 automobiles by the general public from adjacent streets and 41 driveways. 42 43 iii.Freestanding light fixtures on the top level of the parking structures44 shall be a maximum of 20 feet in height and setback from the 45 perimeter of the structure a minimum distance of twice the height of 46 the light fixture. Light fixtures shall be fully shielded to contain light 47 to the surface of the deck only. 48 49 Page 63 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx h.Bicycle parking.Bicycle parking shall apply to all commercial, mixed 1 use, and Economic Development uses. Bicyclists shall have access via 2 sidewalks, pathways, or driveways to the public right-of-way and be located 3 as provided below: 4 5 i.Parking structures.Required bicycle parking shall be located in 6 or near main entrances or elevators to provide for pedestrian safety, 7 visibility, and security of property. 8 9 ii.On site.Bicycle parking (not located within a parking 10 structure) shall be located on site within 50 feet of main building 11 entrances. Bicycle parking shall not obstruct walkways. 12 13 iii.Right-of-way. Bicycle parking may be located within the public14 right-of-way of a new local street platted after (the adoption date of 15 this ordinance), provided a minimum clearance of five feet is 16 maintained for pedestrian access. 17 18 iv.Shared bicycle parking.Where there is more than one 19 building on a site, or parking is shared with an adjacent site, bicycle 20 parking shall be distributed equally to serve all buildings and main 21 entrances. 22 23 C.Additional design standards for the Economic Development uses in the GGPOD. The24 following design standards shall be applicable to all Economic Development uses 25 identified in Table 1 of LDC section 2.03.07 F.5.: 26 27 1.Loading areas. All loading areas shall be oriented away from adjacent residential28 uses, except for where obstructed by an intervening building. 29 30 2.Outside storage and display. No outside storage and display shall be permitted31 except when approved as part of a temporary/special event in accordance with 32 LDC section 5.04.05. 33 34 3.Operations.35 36 a.All activity associated with the uses in this category shall be conducted37 within a fully enclosed building. Activity includes but is not limited to the 38 following: 39 40 i.The use or storage of any fixed or movable business equipment;41 42 ii.The use, storage, display, sale, delivery, offering for sale,43 production, or consumption in any business, or by any business 44 invitee on the premises of the business, of any goods, wares, 45 merchandise, products, or foods; or 46 47 iii.The performance of any work or services.48 49 Page 64 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx b.All Economic Development use operations and equipment, including 1 accessory process equipment, such as compressors and air handlers, shall 2 be contained in an enclosed structure. 3 4 4.Noise. No Economic Development use shall produce noise exceeding the sound5 level limits for Commercial or Tourist uses as set forth in the Collier County Noise 6 Control Ordinance No. 90-17, as amended. 7 8 5.Odors. No Economic Development use shall cause or allow the emission of odor.9 10 6.Vibrations. No use shall operate to produce ground vibration noticeable by a11 reasonable person with normal sensitivity, outside the building for single-use 12 buildings or outside the Economic Development use space inside mixed use and 13 multi-tenant buildings. 14 15 7.Smoke and particulate matter. No Economic Development use shall discharge16 outside the building for single-use buildings or outside the Economic Development 17 use space inside mixed use and multi-tenant building any toxic or noxious matter 18 in such a concentration that will endanger the public health, safety, comfort, or 19 general welfare. 20 21 8.Electrical disturbance. No Economic Development use shall create any electrical22 disturbance which interferes unduly with the normal operation of equipment or 23 instruments or which is reasonably likely to cause injury to any person located 24 inside or outside building. 25 26 9.Appearance. Industrial/factory buildings shall be designed in accordance with the27 provisions of LDC section 5.05.08., excluding the exceptions, modifications, and 28 additions listed in LDC section 5.05.08 E.7.b through h. 29 30 D.Design of new streets and alleys in the GGPOD. The standards contained herein are31 applicable to all new streets and alleys in the GGPOD. 32 33 1.Streets.34 35 a.Streets are intended to form a modified grid to provide continuous36 pedestrian walkways. The street network corresponds to a mix of uses and 37 a higher level of building and site design standards, in order to promote 38 pedestrian comfort and movement of bicycles and to foster a vibrant urban 39 realm. 40 41 b.These standards shall apply to new streets in the GGPOD platted after (the42 adoption date of this ordinance). Streets shall be a minimum of 66 feet in 43 width and comprised of the following: 44 45 i.Eight-foot wide sidewalks;46 47 ii.Five-foot wide street tree planting zones containing cut-outs for48 trees, located between the sidewalks and the Type F curbs. 49 Page 65 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx Lighting fixtures shall be provided within the street tree planting 1 zone and located to avoid conflict with street trees. Any at-grade 2 surface area within the street tree planting zone that is not occupied 3 by a tree or light fixture shall be ADA compliant. Light fixtures shall 4 be consistent with the decorative lighting identified in the Golden 5 Gate Community Roadways Beautification Master Plan. If such 6 lighting is unavailable, similarly themed lighting shall be used. Tree 7 cut-outs shall be designed as follows: 8 9 a)Placed abutting the FDOT Type F curb;10 11 b)Minimum at-grade dimension of five feet with a minimum12 area of 25 square feet; 13 14 c)Contain sufficient volume of soil necessary to promote a15 healthy tree and directing roots away from sidewalks 16 through the use of structural soils or modular suspended 17 pavement systems. If the option of structural soil is utilized, 18 a minimum of two cubic feet of structural soil per square feet 19 of mature tree crown projection shall be provided; and 20 21 d)Spaced 40 feet on center with trees having a minimum22 average mature canopy spread of 20 feet and an eight-foot 23 vertical clearance for pedestrians. 24 25 iii.Type F curbs, designed in accordance with current FDOT Design26 Standards; 27 28 iv.On-street parking areas containing eight-foot wide by 23-foot long29 parallel parking spaces; and 30 31 v.Vehicular travel lanes 10 feet in width.32 33 c.Public utility and drainage infrastructure may be placed in the right-of-way34 of new streets platted (after the adoption date of this ordinance) in the areas 35 designated below and subject to the following restrictions: 36 37 i.Storm and sanitary sewers shall be located within the travel lanes.38 Where both are present, parallel sewers shall be constructed with 39 junction boxes and manholes centered in either travel lane. Where 40 only one is present, structures may be located at the c enterline of 41 the roadway or centered within either travel lane. On curves, 42 sufficient structures shall be provided to facilitate pipeline 43 alignments that achieve minimum horizontal separation criteria 44 found in FAC 62-555.314(1). Where feasible, sewer laterals and 45 storm drains shall connect to sewer mains at right angles to 46 facilitate perpendicular crossings with other utilities in the right-of-47 way and to minimize proximity to tree roots. 48 49 Page 66 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx ii.Potable water and sanitary sewer force mains shall be located 1 between the travel lanes and the street tree planting zones, on 2 opposite sides of the roadway. The main shall be centered 3 underneath the on-street parking, four feet from both the gutter and 4 the travel lane. 5 6 iii.Other underground utilities shall be underneath the sidewalks.7 8 iv.Above-ground structures and appurtenances shall be placed in the9 street tree planting zone, outside the tree cut-outs and no closer 10 than five feet to any street tree. 11 12 2.Alleys. Alleys are intended to function as accessways to off-street parking lots,13 vehicular use areas, and services areas. New alleys , including the width of the 14 paved area, shall be a minimum of 20 feet in width. The standards related to the 15 streetscape design of buildings in LDC section 4.02.26 B.7. are not applicable 16 along alleys. 17 18 E.Deviation requests for projects in the GGPOD.19 20 1.Purpose and Intent. Property owners in the GGPOD may request deviations from21 certain standards, as established in LDC section 4.02.26 E.2., to allow for flexibility 22 in building and site design, and to support and initiate incentives for new 23 development on vacant property or redevelopment on existing sites. 24 25 2.Applicability.26 27 a.The Administrative Code, Chapter 6.M. shall establish the process and28 submittal requirements for deviation requests in the GGPOD. Deviations 29 in the GGPOD may be requested for new development or redevelopment 30 projects in connection with any of the following types of applications: 31 32 i.SDP, SDPA, or SIP as established in LDC section 10.02.03;33 34 ii. Building permit for signs as established in LDC section 5.06.11; or35 36 iii. PPL for townhouses developed on fee simple lots under individual37 ownership, as established in LDC section 10.02.04. 38 39 b.Unless otherwise specified, property owners shall be eligible to seek a40 deviation from the following code provisions: 41 42 i.Design standards for the GGPOD: LDC section 4.02.26. All43 dimensional standards of this section, excluding building height, 44 may be considered for a deviation request. In addition, deviations 45 from non-dimensional provisions, such as from the design 46 standards for Economic Development uses in LDC section 4.02.26 47 C., are also allowed. 48 49 Page 67 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx ii.Loading space requirements: LDC section 4.05.06 B.1 2 iii.Landscaping in vehicular use areas: LDC section 4.06.03 B.3 4 iv.Landscaping requirements for industrial and commercial5 development: LDC section 4.06.05 B.3. 6 7 v.Building foundation plantings: LDC section 4.06.05 C., including8 Table inset. 9 10 vi.Development standards for signs in nonresidential districts: LDC11 section 5.06.04. 12 13 3.Conflict with other relief processes.14 15 a.This section is not intended to replace the current established process of16 requesting deviations associated with the following: 17 18 i.Master plan elements of the respective PUD pursuant to LDC19 section 10.02.13. However, the deviation process of LDC section 20 4.02.26 E. is available to PUD-zoned lands within the GGPOD 21 provided that such request is based on a specific dimensional or 22 design requirement described in LDC section 4.02.26 E.2., and 23 provided the request further promotes compliance with the purpose 24 and intent of the GGPOD. 25 26 ii.Site plan with deviations for redevelopment projects pursuant to27 LDC section 10.02.03 F., unless such request is based on a 28 dimension, site feature, or architectural standard listed under LDC 29 section 4.02.26 E.2. 30 31 iii.Deviations and alternate compliance pursuant to LDC section32 5.05.08 G. 33 34 iv.Post take plan application pursuant to LDC section 9.03.07 A.35 36 b.Deviations from the LDC which are not expressly provided for in this section37 shall be processed as variances in accordance with LDC section 9.04.00. 38 39 4.Evaluation criteria.When evaluating a deviation, the following criteria shall be 40 considered: 41 42 a.Whether the proposed deviation is compatible with adjacent land uses and43 achieves the requirements and/or intent of the regulations as closely as is 44 practicable; 45 46 b.Whether the proposed deviation is the minimum amount necessary to allow47 for reasonable use of the property and/or address the issue necessitating 48 the deviation request; and 49 Page 68 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx c.Whether the reduced or increased standard requested by the deviation is 1 mitigated for, either on the subject site or by providing a public benefit on 2 the subject site. Examples of such on-site mitigation include but are not 3 limited to: increasing setbacks from the adjacent road right-of-way when 4 proposing to deviate from sign size limitations; increasing plantings or 5 planting sizes or installing a fence or wall where a reduced buffer width is 6 proposed; providing public pedestrian and/or bicycle pathway easements 7 or other similar mobility improvements including transit enhancements; 8 providing public parking; providing beautification in the public realm, 9 including street trees, street furniture, lighting and other similar public 10 benefits. 11 12 5.Public notice. Public notice, including signage, notice to property owners, and an13 advertised public hearing, is required for deviation requests and shall be provided 14 in accordance with the applicable provisions of LDC section 10.03.06 R. 15 16 Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO)—Special 17 Conditions for the Properties Abutting Golden Gate Parkway East of Santa Barbara Boulevard as 18 Referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of 19 the Golden Gate Area Master Plan 20 21 A.The following standards shall apply to all uses in this overlay district. Where a specific22 development criteria and standards also exist in the Golden Gate Master Plan, or the 23 Future Land Use Element of the GMP, they shall supersede any less stringent requirement 24 or place additional requirements on development. 25 26 B.In support of the purpose and intent of the GGPPOCO a common architectural style is27 required for all proposed development within the overlay district. During the site 28 development plan review process, architectural drawings shall be submitted indicating that 29 all proposed buildings will have an architectural style which is similar to that approved for 30 the existing PUDs within the district boundaries. Such architectu ral drawings shall depict, 31 at a minimum, the following: the use of stucco, except for trim; pastel colors; pedestrian 32 pockets, including benches and lampposts; tile roofs, except that where tile roofs are not 33 provided, decorative parapet walls shall be constructed above the roof line. 34 35 C.Projects shall be encouraged in the form of a PUD (there shall be no minimum acreage36 requirement for PUD rezones except for the requirement that all requests for rezoning 37 must be at least 40,000 square feet in area unless the proposed rezone is an extension 38 of an existing zoning district consistent with the Golden Gate Area Master Plan). 39 40 D.Minimum project area shall be 2 acres.41 42 E.Buildings shall be set back from Golden Gate Parkway a minimum of 40 feet and from43 rear lot line a minimum of 25 feet. 44 45 F.Buildings shall have a maximum height of 25 feet plus 10 feet for under building parking.46 47 G.Transportation.48 49 Page 69 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 1.Access to projects shall be provided exclusively via Golden Gate Parkway and 1 shall be limited to 1 per 450 feet commencing at the centerline of Santa Barbara 2 Boulevard but shall nonetheless comply with the Access Control Policy (Res. 01-3 247) in place at the time of development.4 5 2.Projects shall be required to provide off- street parking and may make provisions6 for shared parking arrangements with adjoining developments. 7 8 3.Projects shall provide deceleration and acceleration lanes as may be determined9 by the County Manager or designee or his designee based upon the requirements 10 of the "work within the right-of-way ordinance" (Ordinance No. 93-64) and sound 11 engineering practices. 12 13 4.Projects shall encourage pedestrian traffic by providing sidewalks. Adjacent14 projects shall coordinate location of sidewalks. 15 16 H.Signage permitted in this overlay shall be restricted to those signs permitted under section17 5.06.00 the Collier County Sign Code. 18 19 I.Landscaping.20 21 1.Projects shall provide a ten (10) foot buffer between vehicular right -of-way and22 required sidewalk and shall provide landscaping of one (1) shade tree per thirty 23 (30) linear feet. Such trees shall be minimum of eight (8) feet in height and one24 and one-half (1½) inches in diameter at the time of planting that shall have a 25 minimum canopy of fifteen (15) feet at maturity. In addition, a hedge or berm 26 planting combination shall be planted along the entire length of this ten (10) foot 27 buffer consistent with section 4.06.00. 28 29 2.A minimum of ten (10) percent of the gross vehicular use area shall be landscaped30 to provide visual relief. One (1) tree, as described in section 4.02.26 I.1., shall be 31 provided for each seventy-five (75) square feet of this landscaped area. This 32 landscaping shall be placed within the vehicular use area. 33 34 J.Central water and sewer facilities shall be available prior to development.35 36 # # # # # # # # # # # # # 37 38 4.02.37 – Reserved. Design Standards for Development in the Golden Gate Downtown 39 Center Commercial Overlay District (GGDCCO) 40 41 A.Development criteria. The following standards shall apply to all uses in this overlay district.42 Where specific development criteria and standards also exist in the Golden Gate Area 43 Master Plan, or the Future Land Use Element of the Growth Management Plan, these 44 standards shall supersede any less stringent requirement or place additional requirements 45 on development. 46 47 1.Cessation of residential uses. Existing, non-owner-occupied residential uses48 located along Golden Gate Parkway shall cease to exist no later than seven (7) 49 Page 70 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx years after the effective date of the adoption of the Downtown Center Commercial 1 Subdistrict in the Golden Gate Area Master Plan (adopted October 26, 2004; 2 effective January 14, 2005). This does not require the removal of residential 3 structures located on Golden Gate Parkway that are converted to uses allowed in 4 this overlay district within one (1) additional year; nor does this require the removal 5 of residential structures located elsewhere in this overlay district. 6 7 2.Multi-story buildings.8 9 a.Only retail, personal service, and institutional uses are allowed on the first10 floor. 11 12 b.All uses allowed by this zoning overlay, except restaurants and cocktail13 lounges, are allowed on the second floor. 14 15 c.Only residential uses are allowed on the third floor.16 17 3.Density. Density shall be as per the underlying zoning district. For mixed-use18 projects, density shall be calculated based upon total project acreage. 19 20 4.Setbacks.21 22 a.All development and redevelopment on lots abutting Golden Gate Parkway23 shall have a front yard and setback of no more than 15 feet. All projects 24 providing a front yard setback greater than 0 feet must provide restaurant 25 seating, and/or open space areas such as other seating, planting areas , 26 and decorative landscape planters within such front yard , except that water 27 management retention and detention areas are prohibited. 28 29 b.All development and redevelopment on properties in the overlay area not30 abutting Golden Gate Parkway must comply with the front yard setback 31 requirements of that property's underlying zoning. 32 33 c.Side yard setback shall be a minimum of 5 feet.34 35 d.Rear yard setback shall be no less than ½ of the building height, with a 15-36 foot minimum. 37 38 5.Building footprint limits.39 40 a.Minimum building footprint of 3,000 square feet.41 42 b.Maximum building footprint of 12,000 square feet.43 44 6.Minimum floor area—Residential.45 46 a.Mixed use. Minimum floor area of 1,500 square feet.47 48 7.Minimum height. The zoned height of buildings shall be no less than 34 feet.49 Page 71 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 8.Maximum height. The actual height of buildings shall not exceed 3 stories or 45 1 feet. 2 3 9.Crime Prevention Through Environmental Design (CPTED) Standards. The4 Golden Gate community supports the CPTED philosophy as a way to reduce 5 crime, improve neighborhood and business environments, and increase overall 6 quality of life of its citizens. CPTED principles such as natural surveillance, natural 7 access control, and territorial reinforcement shall be incorporated into the overal l 8 design of the project, consistent with the provisions in this overlay and as identified 9 below. 10 11 a.Public paths shall be clearly marked by using design elements such as12 landscaping and pedestrian accent lighting. 13 14 b.Public entrances shall be clearly defined by walkways and signage, as15 specifically provided in this overlay. 16 17 10.Common architectural style. In support of the purpose and intent of the GGDCCO,18 all structures within the overlay district shall have a common Mediterranean 19 architectural style, with barrel tile roofs, stucco façades, arches and wood accent 20 members used as details. During the site development plan review process, 21 architectural drawings shall be submitted to demonstrate adherence to this 22 requirement. All commercial and mixed use buildings and projects shall be subject 23 to the provisions of section 5.05.08 of the Code, except as provided herein. 24 25 11.Architectural standards. All buildings shall meet the requirements set forth in26 section 5.05.08, except as otherwise specified below: 27 28 a.Buildings with frontage on Golden Gate Parkway shall have 60 percent of29 the ground-floor façade finished with clear or lightly tinted glass. 30 31 b.The glazed area of the façade above the first-floor shall be at least twenty32 (20) percent but shall not exceed 35 percent of the total area, with each33 façade being calculated independently. 34 35 c.Design elements used to embellish the primary façade shall be similarly36 incorporated into the rear façade of buildings. 37 38 d.The façades of buildings 5,000 square feet or larger shall use rooflines that39 vary in height or architectural embellishments, such as cupolas, at least 40 every 80 feet. 41 42 e.Parapet roof treatments are prohibited.43 44 f.Flat roofs must be screened with a mansard edge barrel tile roof extending45 the length of all façades. 46 47 g.Building entrances shall be accentuated through architectural elements,48 lighting, landscaping, and/or paving stones. 49 Page 72 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 1 12.Outdoor display/sale of merchandise.2 3 a.No automatic food and drink vending machines shall be located exterior to4 buildings. 5 6 13.Access. Those aggregated lots developed under these overlay provisions and7 fronting on Golden Gate Parkway must provide site access from abutting local 8 streets and may not obtain site access from Golden Gate Parkway, and where one 9 such commercial or mixed use development provides site access at the project 10 boundary abutting other lots, whether aggregated or not for commercial or mixed 11 use development. Such developments must provide for joint or cross access with 12 the abutting property or properties in order to share access and minimize the 13 number of points from Golden Gate Parkway. 14 15 14.Parking standards. All commercial and mixed-use projects shall meet the parking16 requirements as set forth below: 17 18 a.A minimum of 3 public parking spaces for each 1,000 square feet of19 commercial floor area. 20 21 b.A minimum of 1.5 parking spaces for each residential unit.22 23 c.No parking is allowed in the front yard of lots abutting Golden Gate24 Parkway. 25 26 d.There shall be no parking requirement for outdoor restaurant seating areas.27 28 e.Shared parking is required, where possible and feasible.29 30 f.Interconnection between adjacent parking lots is required, where possible31 and feasible. 32 33 g.Parking facility lighting shall be consistent with the pedestrian/accent34 decorative lighting fixtures illustrated in Fig. 29, page 5-9 of the Golden 35 Gate Community Roadways Beautification Master Plan, as amended, and 36 shall be maintained at a light level of 3.0 foot candles, and arranged and 37 shielded in a manner that protects roadways and neighboring properties 38 from direct glare or other interference. 39 40 h.All projects that are adjacent to residential development within the district41 and/or residentially zoned properties outside the district shall provide 42 lighting fixtures with full-cutoff optics that direct the light source downward. 43 44 i.The overnight parking of commercial vehicles, with a rated load capacity of45 one ton or more, is prohibited. 46 47 Page 73 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx j.The overnight parking of commercial vehicles shall be limited to 1 vehicle 1 per 1,000 square feet of commercial floor area, not to exceed 6 commercial 2 vehicles per building. 3 4 15.Project standards. In addition to the site design elements described in section5 5.05.08 F.1, all projects shall provide: 6 7 a.Two accept or specimen trees, above the minimum landscape code8 requirements, for every 100 linear feet along both the front and rear 9 façades, at a minimum height of 18 feet at planting, except that projects 10 with frontage along Golden Gate Parkway shall only be required to provide 11 the planting along the rear façade. 12 13 b.Decorative landscape planters or planting areas, a minimum of 5 feet wide,14 and areas for shaded seating consisting of a minimum of 100 square feet. 15 16 16.Landscaping. All commercial and mixed use projects shall meet the landscape17 requirements in section 4.06.00 of the Code, unless otherwise specified in this 18 zoning overlay. 19 20 a.Project Perimeter Buffering. All projects that are located adjacent to21 residential zoning external to the district boundaries shall provide a 6-foot 22 wide sidewalk and a minimum 19-foot wide landscape planting area, except 23 that the project's frontage along Golden Gate Parkway shall be exempt 24 from this requirement. 25 26 The planting area shall be landscaped with: 1. shrubs and ground cover; 27 shrubs shall be planted in a double row and be no less than 24 inches in 28 height at time of planting; and, 2. Trees, planted one per 30 linear feet and, 29 at time of planting, shall be a minimum height of 22 feet. 30 31 b.Internal Project Buffering. All projects that are located adjacent to a32 residential use within the district boundaries shall provide an Alternative B 33 buffer per section 4.06.02 C.2. except: walls and berms are prohibited, a 34 freestanding hedge must be 6 feet in height, if a fence is provided it must 35 be accompanied by a hedge 3 feet in height with a 2 foot spread at time of 36 planting. The project frontage along Golden Gate Parkway shall be exempt 37 from this requirement. 38 39 c.Building Foundation Planting Areas. Building foundation plantings shall be40 required for all projects, except for buildings adjacent to Golden Gate 41 Parkway and the rights-of-way abutting the district's external boundaries. 42 43 d.Project Vehicular Use Areas. Mountable curbs shall be provided for all44 terminal landscape islands as depicted in Figure 3, Section 4.06.03.B.3 . 45 46 17.Golden Gate Parkway Right-of-Way Improvements. Right-of-way improvements47 required for properties/lots with frontage along Golden Gate Parkway. 48 49 Page 74 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx a.Curbing. All projects/lots shall provide Type "F" non-mountable curbing per 1 F.D.O.T. "Roadway and Traffic Design Standards" Index 300, the latest2 edition. 3 4 b.Landscaping. All projects/ lots shall be required to provide an 8 foot wide5 landscaping strip between the curb and sidewalk. This planting area may 6 be reduced between tree spacing to 5 feet wide, for a maximum of 50 7 percent of the buffer area, to accommodate street furnishings and fixtures, 8 consistent with the Golden Gate Community Roadways Beautification 9 Master Plan. 10 11 The landscaping strip shall be landscaped with: 1. Turf, not to exceed 50 12 percent of the planting area; 2. Shrubs and ground cover, at a minimum of 13 50 percent coverage, not to exceed a mature height of 24 inches; and, 3. 14 Canopy trees, planted one per 30 linear feet and, shall be at time of 15 planting, a minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in 16 height. 17 18 All planting materials in the public right-of-way shall be consistent with 19 those identified in the Golden Gate Community Roadways Beautification 20 Master Plan. Installation and maintenance shall be consistent with the 21 Collier County Construction Standards Handbook for Work Within the 22 Right-of-Way. 23 24 Where right-of-way plantings above are not practicable, a planting area 25 and/or a decorative planter(s) may be provided consistent with the Collier 26 County Construction Standards Handbook for Work Within the Right-of-27 Way. 28 29 Property owners shall be required to enter into a Landscape Maintenance 30 Agreement with the County for the installation and maintenance of the 31 required right-of-way plantings. Landscape Maintenance Agreements shall 32 require a signed and sealed landscape and irrigation plan(s), review by the 33 appropriate Transportation Division staff, approval by the Board of County 34 Commissioners, and recording of said agreement with the Clerk of Courts. 35 Plans shall include, but not be limited to, the following: 36 37 i.Existing conditions inventory.38 39 ii.Proposed plantings/details of planting methods and40 maintenance specifications. 41 42 iii.Location of utilities.43 44 iv.Location of drainage facilities.45 46 v.Irrigation proposal, including water connections.47 48 Page 75 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx c.Sidewalks. All projects/lots shall provide a ten foot wide sidewalk between 1 the required landscape strip identified in "b." above and the property line. 2 Sidewalks shall be constructed pursuant to the Land Development Code 3 and the "Construction Standards Handbook for Work Within the Right-of-4 Way". Decorative pavers (consistent with the approved pavers identified in 5 the Golden Gate Community Roadways Beautification Master Plan) may 6 be substituted for portions of sidewalk, subject to approval by the County 7 Manager, or designee. 8 9 Where a portion of the required sidewalk cannot be constructed in the 10 public right-of-way, the property owner shall locate such portion on their 11 private property and grant the County an easement. 12 13 18.Address numbers. Address numbers shall be 8 inches in vertical height and shall14 be located on the primary building façade. Numbering materials shall be reflective 15 and have a contrasting background. 16 17 19.Signage. As required, allowed, or prohibited in section 5.06.00 of the Code.18 19 20.Lighting. As described and provided in the Golden Gate Community Roadways20 Beautification Master Plan or as identified below: 21 22 a.Internal Project Lighting. All projects shall use architectural decorative23 lighting. Such lighting shall be the same decorative lighting as identified in 24 Figure 29 on page 5-9 of the Golden Gate Community Roadways 25 Beautification Master Plan. If such lighting becomes unavailable, similarly 26 themed lighting shall be used. Light fixtures must light all public use areas 27 adjacent to the building (e.g. entryway, courtyards, etc.) to a recommended 28 0.5 candle level of illumination. Lighting shall be arranged in a manner that 29 protects roadways and neighboring properties from direct glare or other 30 interference. 31 32 b.Street/Roadway Lighting. Architectural decorative lighting shall be used33 along Golden Gate Parkway within the public right-of-way. Such lighting 34 shall be a variation of the decorative lighting identified as Figure 29 on page 35 5-9 of the Golden Gate Community Roadways Beautification Master Plan,36 more specifically identified as the Lumec Domus Series (DMS50-250MH-37 SG3-480-LD-DL-CRL72-1A/U.S. 41 East lighting fixture). If such lighting 38 becomes unavailable, similarly themed lighting shall be used. The 39 installation and maintenance of lighting shall be consistent with the Collier 40 County Construction Standards Handbook for Work Within the Right -of-41 Way. 42 43 21.Dumpsters. Dumpsters shall be screened and positioned out of view from public44 rights-of-way and pedestrian walkways. 45 46 # # # # # # # # # # # # # 47 48 Page 76 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx 4.02.38 - Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning 1 Districts 2 3 * * * * * * * * * * * * * 4 5 B.Applicability. All properties zoned C-1, C-2 and C-3, excluding where located in the6 GGPOD. These regulations shall apply to all mixed-use projects proposed within these7 zoning districts, subject to the design criteria set forth in this section. The design criteria8 address the relationship of buildings, parking, vehicular, and pedestrian movement to9 create a pedestrian oriented experience. Buildings are encouraged to be built close to the10 vehicular and pedestrian way to create a continuous active and vibrant streetscape11 utilizing the architecture, landscaping, lighting, signage, and street furnishings. Vehicular12 travelways support two-way traffic and on street parking. A logical13 pedestrian pathway system is provided throughout that connects the pedestrian14 movements from one use to another or within use areas. Building arcades and awnings15 are allowed to extend over the sidewalk to create shade and encourage pedestrian16 activity. Signage design shall be carefully integrated with site and building design to17 create a unified appearance for the project. Creativity in the design of signs is encouraged18 in order to emphasize the unique character of the project. Projects utilizing these design19 criteria will be developed in compliance with the LDC, except as specified herein.20 21 C.Commercial Mixed Use Design Criteria. Projects utilizing the Commercial Mixed Use22 option within a C-1, C-2, or C-3 Zoning District shall comply with the following standards23 and criteria:24 25 1.These design criteria are applicable to the C-1 through C-3 zoning districts,26 excluding where located in the GGPOD.27 28 # # # # # # # # # # # # # 29 30 4.05.02 - Design Standards 31 32 * * * * * * * * * * * * * 33 34 E.Access shall meet the following standards:35 36 1.Be arranged for convenient and safe access of pedestrians and vehicles.37 38 2.Off- street parking areas must be accessible from a street, alley or other public39 right-of-way.40 41 3.Access via a rear property right-of-way shall be required if available in lieu of direct42 access.43 44 4.Except for properties located in the GGPOD, For any nonresidential development45 which abuts an alley, a maximum of ten (10) parking spaces, not to exceed thirty46 (30%) percent of the required parking for the proposed use, may be accessed47 solely from the alley. Said parking spaces shall be clearly marked and arranged48 in such a manner so that each parking space meets the minimum size required in49 Page 77 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx section 4.05.02 of this LDC. Additionally, these spaces shall be arranged in a 1 manner which allows for full compliance with any required landscaped buffer 2 requirement. These spaces shall be for the exclusive use of employees and 3 service vehicles and shall be clearly designated as such by appropriate signage. 4 5 F.Be arranged so that no vehicle shall be forced onto any street to gain access from one6 aisle to another aisle. All off- street parking facilities must be so arranged that no motor7 vehicle shall have to back onto any street, excluding single-family and two-family8 residential dwellings and churches, and for townhouses and multi-family dwellings in the9 GGPOD where access is provided from the rear yard from an abutting alley.10 11 # # # # # # # # # # # # # 12 13 5.05.04 - Group Housing 14 15 * * * * * * * * * * * * * 16 17 C.Table of site design standards for category I and category II group care facilities:18 19 * * * * * * * * * * * * * 20 21 Special setback requirements for property abutting roadways 25 feet of a road right-of-way line1 22 1 For properties located in the GGPOD, the front setback shall be in 23 accordance with LDC section 4.02.26 B.1. 24 25 D.All other care housing environments as defined in this Code, including, but not limited to,26 care units , assisted living units, continuing care retirement communities, nursing homes,27 and dwelling units that are part of an aging-in-pace living environment shall adhere to the28 following standards in addition to those established by the underlying zoning district.29 30 * * * * * * * * * * * * * 31 32 2.No structure shall be erected within twenty (20) feet of any abutting lot or parcel33 which is zoned residential, nor within twenty-five (25) feet of a road right-of-way,34 except for properties within the GGPOD, the front setback shall be in accordance35 with LDC section 4.02.26 B.1.36 37 5.05.08 - Architectural and Site Design Standards 38 39 * * * * * * * * * * * * * 40 41 E.Design standards for specific building uses.42 43 * * * * * * * * * * * * * 44 45 7.Industrial/factory buildings.46 47 Page 78 of 87 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2020\Aug 5\Backup\GGPOD\Proposed Text (07-29-2020).docx a.Applicability. All standards listed in LDC section 5.05.08 are applicable1 with the following exceptions, modifications, and additions. However, the2 provisions contained in LDC section 5.05.08 E.7.b. through h. below shall3 not be applicable to industrial/factory buildings located within the GGPOD.4 5 # # # # # # # # # # # # # 6 7 10.03.06 - Public Notice and Required Hearings for Land Use Petitions 8 9 * * * * * * * * * * * * * 10 11 R.Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F and12 deviations in the GGPOD, pursuant to LDC section 4.02.26 E.13 14 1.The following advertised public hearings are required:15 16 a.One Planning Commission or Hearing Examiner hearing.17 18 b.If heard by the Planning Commission, one BZA hearing.19 20 2.The following notice procedures are required:21 22 a.Newspaper Advertisement prior to the advertised public hearing in23 accordance with F.S. § 125.66.24 25 b.Mailed Notice prior to the advertised public hearing.26 27 # # # # # # # # # # # # # 28 Page 79 of 87 Exhibit A – Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 6 | Waivers, Exemptions, and Reductions Chapter 6. Waivers, Exemptions, and Reductions ** ** ** ** ** ** * M.Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR-GGPOD) Reference LDC sections 2.03.07 F., 4.02.26 E., and LDC Public Notice section 10.03.06 R. Applicability Property owners in the GGPOD may request deviations from certain standards, as established in LDC section 4.02.26 E.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopment on existing sites. Deviations in the GGPOD may be requested for new development or redevelopment projects requiring an SDP, SDPA, or SIP, as established in LDC section 10.02.03, or a building permit in the case of a sign deviation, as established in LDC section 5.06.11. Deviations may also be requested in connection with a PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. Initiation The applicant files a “Deviations for Projects in Golden Gate Parkway Overlay District” application with the Zoning Division. See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre-Application A pre-application meeting is required. Application Contents A deviation request made in connection with an SDP, SDPA, or SIP must include the necessary information and drawing(s) required with the Application Contents and Requirements for a site development plan, site development plan amendment, or a site improvement plan.  See Chapter 4 I.2 – I.4 of the Administrative Code. A deviation request in connection with a sign permit must include the necessary information and drawing(s) required with the Application Contents and Requirements for a sign permit.  See Chapter 4 H. of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant’s professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change “clouded” and clearly delineate the area and scope of the work to be done. The application must include the following: Page 80 of 87 Exhibit A – Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 6 | Waivers, Exemptions, and Reductions 1.A narrative of the project and how it is consistent with the evaluation criteria identified in LDC section 4.02.26 E.4. 2.Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3.Project enhancements to offset or minimize the deviations shall be clearly identified. 4.Exceptions to the required Application Contents. A deviation request made in connection with townhouses developed on fee simple lots under individual ownership must include all items listed under Application Contents for Construction Plans and Final Subdivision Plats in Chapter 5.D.1. of the Administrative Code, except for the following: a.Fire Flow Test. b.Environmental Data Requirements. c.Traffic Impact Analysis. d.Engineer’s Report. e.Permits. Notice Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1.Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2.Newspaper Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation. The legal advertisement shall include at a minimum: a.Date, time, and location of the hearing; b.Application number and project name; c.2 in. x 3 in. map of project location; d.Requested deviations and proposed project enhancements; and e.Description of location. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing.  See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision maker The Hearing Examiner or BZA. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 4.02.26 E.4, to present to the decision maker. Page 81 of 87 ORDINANCE NO.2018- 5 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THIS DEVELOPMENT ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR THIS DEVELOPMENT ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS;SETTING FORTH THE ECONOMIC DEVELOPMENT PLAN FOR THIS DEVELOPMENT ZONE; CREATING AND SETTING FORTH THE DUTIES OF THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING DEFINITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in addition to its broad home rule powers, Collier County is expressly authorized under Section 125.045, Florida Statutes, to "expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property,and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;"and WHEREAS,Collier County previously adopted Ordinance No. 2010-20 providing for the creation of Innovation Zones, specifically finding as follows: It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of the Board to create a dedicated source of revenue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by resolution for each Innovation Zone;"and WHEREAS,there is a compelling need for redevelopment within the commercial areas of Golden Gate City, whose specific needs require an approach that is substantially similar to, but not identical with, Innovation Zones as contemplated in Ordinance No. 2010-20; and WHEREAS, recognizing the need to spur economic development in Golden Gate City, Collier County has already taken over the water and sewer service for Golden Gate City in part to provide commercial property owners a solution to development constraints caused by limited service; and WHEREAS, Collier County wishes to continue to provide enhanced opportunities for economic development and redevelopment within the existing commercial areas within Golden Gate City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA,that: 1 Page 82 of 87 Section One: Definitions and Findings This Ordinance is intended to be a companion ordinance to Ordinance No. 2010-20,known as the Collier County Innovation Zone Ordinance. Accordingly, the Board of County Commissioners hereby adopts in full the definitions and findings set forth in Ordinance 2010-20, except for the Base Year Assessment Roll,which is defined below,and as modified hereby incorporates such definitions and findings as if specifically set forth below. Section Two. Creation of the Golden Gate City Economic Development Zone. The Board of County Commissioners hereby creates the Golden Gate City Economic Development Zone,which shall constitute the entirety of Golden Gate City,as graphically described in Exhibit A. Section Three. Initial Tax Increment Year and Percentage. For purposes of establishing the Base Year Assessment Roll,the base year shall be the last Collier County Real Property Assessment Roll certified by the Property Appraiser for the County Fiscal Year beginning October 1, 2015. Tax increments shall commence to be deposited into the Trust Fund with the County Fiscal Year commencing on October 1, 2019, and funding shall continue through September 30, 2029, unless extended by majority vote of the Board by Resolution. The amount of the tax increment to be deposited into the Trust Fund shall be equal to 100%of the amount based on the formula set forth in Section 4(B)of Collier County Ordinance No. 2010-20. Section Four: Creation of an Economic Trust Fund. The County hereby creates the Golden Gate City Economic Development Zone Trust Fund. The tax increment shall be deposited into the trust fund and the trust fund proceeds shall be utilized to implement the Economic Development Plan set forth in Section Five. The Trust Fund corpus will not exceed One Million Dollars($1,000,000)in any single fiscal year and is subject to annual appropriation by the County. Up to 5% of the Trust Corpus shall be reserved as an annual administrative fee for the County. Upon termination of the Trust Fund any unspent and unencumbered proceeds shall revert to the County's General Fund. Section Five: Adoption of the Economic Development Plan. The primary purpose of the Golden Gate City Economic Development Zone is to attract and retain qualified targeted industry business as defined by Florida Statute 288.106 and such businesses or industries identified by the Board of County Commissioners. Trust funds may be utilized in any lawful manner, including infrastructure required to serve new target businesses or the expansion of an existing target business; payment of County Impact Fees to be paid by the new target business or the expansion of an existing target business;and payment of building permit fees or other County fees related to the construction of structures to serve the target business. In addition to this primary purpose,trust funds may be utilized in any lawful manner which the Board of County Commissioners determines fosters economic development. Payment of funds are purely discretionary, and must be approved in advance by the Board of County Commissioners. All expenses must be fully documented in a manner acceptable to the County. Priority of funding will be for the redevelopment and renewal of the commercial district along Golden Gate Parkway, as graphically represented by Exhibit A. 2 Page 83 of 87 Section Six: Creation of Golden Gate City Economic Development Zone Advisory Board. The Golden Gate City Economic Development Zone Advisory Board(hereinafter referred to as the Advisory Board) is hereby established. a)Appointment and Composition. The Advisory Board shall be composed of seven(7)members who are appointed by resolution of the Board of County Commissioners, and shall be representative of the residential, business and commercial interests of the Golden Gate City Economic Development Zone. Non-residential members of the Advisory Board need not live within Golden Gate City, and upon recommendation of the Commissioner of the District, may reside outside of Collier County. Members of the Advisory Board shall be appointed by and serve at the pleasure of the Board of County Commissioners. b)Terms of Office. The initial terms of office of the Advisory Board members shall be one year for three members, and two years for four members, and each appointment or re-appointment thereafter shall be for two years. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term of office. c) Removal from Office. Removal of members from the Advisory Board shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. d) Officer; Quorum; Rules of Procedure. Annually the members of the Advisory Board shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms shall be for one year with eligibility for re-election by the members of the Advisory Board. The presence of fifty-one percent (51%) of the current voting membership, but never less than three total,shall constitute a quorum of the Advisory Board necessary to take action and transact business. In addition, an affirmative vote of a simple majority shall be necessary in order to take official action. Furthermore, by simple majority vote, but never with less than 5 members present, the Advisory Board shall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures, as adopted and amended from time to time, subject to the approval of the Board of County Commissioners. The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. The Advisory Board meetings shall be open to the public and conducted in the Sunshine. e) Reimbursement of Expenses. Members of the Advisory Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. f) Functions, Powers and Duties of the Advisory Board. The function, powers and duties of the Advisory Board shall be to aid and assist the Board of County Commissioners in carrying out the purpose of the Golden Gate City Economic Development Zone, including but not limited to advising and assisting the Board of County Commissioners in the establishment, review and enhancement of policies and programs to attract businesses or industries to the Golden Gate City Economic Development Zone, reviewing and making recommendations on applications for funding through the Trust Fund, as well as handling any matters that may be assigned by the Board of County Commissioners. g) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Advisory Board as may be necessary for the Advisory Board to carry out its functions as set forth herein. 3 Page 84 of 87 Section Seven: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Eight: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section 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 Nine: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,thisN\-,day of kAcDy y k---2018. ATTEST: BOARD O OU' Y COM : !NIERS CRYSTAL K_KINZEL,Clerk COLLIE' CO IT ' • ' aAdutABy: C)CBy: Attesta ', epy_t lerk Andy Solis, Chairman tp atilt'' s9nna'Ure only. Approve, a 4 :Ill aregality: if Jeffrey A. ilatzk, , County Attorney This ordinance filed with the ItiS ret ry of .546` c s i Tice the 5ry of 1 0 and ocknowledgem a. ti of filinRg'r ceivee this y ofIJ0 / 1' 2, 125 By Dei, Ci 4 4 Page 85 of 87 AMMor- 63rd ST SW r7Tly Britney LN INTERSTATE 75 p! Cada CT O r„-.nu,.ne o rn cn r--: z x o b2nd SI SW O 1 1 4 r. 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""" ^ ls 9 D m N 5 I 1, • 3 to m 2• 5_ No < 5 42nd TER SW . 2 . 42nd TER SW - ra m ..1 a i < g m 9 - y ' 3 J•' 1 w. 42n,ST SW rma `L 942nd ST SW in M 41st TER SW 41st TER SW 41st TER SWC FM at IIIIa N MB 41st ST SW N 41st ST SW a' ( 41 1ST SW f r' II d 5 40th TER W f SaItALY A D • IIII U' Collier BLVDIIII t S COLLIER-BLVD gis D i-°.'m m m z f f fPage 86 of 87 1111 sTt FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 14, 2018 Ms. Crystal K. Kinzel, Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-56, which was filed in this office on November 14, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fi.us Page 87 of 87