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Agenda 02/22/2022 Item #17A (Ordinance - Renaming the BGTRO )    Proposed Agenda Changes Board of County Commissioners Meeting February 22, 2022 Continue item 16A1 to the March 8, 2022 BCC Meeting: *** This item has been continued from the January 25, 2022 and February 8, 2022 BCC Meetings. *** Recommendation to direct staff to advertise and bring back for a public hearing at the March 8, 2022 Board Meeting, an ordinance of Collier County, Florida, amending Ordinance No. 2003-37, as amended, including Ordinance No. 2003-58, by amending Section 110-30 of the Collier County Code of Laws and Ordinances to exclude the Bayshore Gateway Triangle Community Redevelopment Area from the prohibition of enclosing swales in public rights-of-way; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. [PL20210001222] (This Item is a companion item to Items 17A and 17B) (District 4) (Commissioner Taylor’s request) Continue item 17A to the March 8, 2022 BCC Meeting: *** This item has been continued from the January 25, 2022 and February 8, 2022 BCC Meetings. This item is the first of two hearings. *** Recommendation to approve an Ordinance amending Ordinance number 04-41, as amended, the Collier County Land Development Code, to change the name of the Bayshore Mixed Use Overlay District to the Bayshore Zoning Overlay District and the name of the Gateway Triangle Mixed Use District to the Gateway Triangle Zoning Overlay District, to rename the Bayshore Gateway Triangle Redevelopment Area to the Bayshore Gateway Triangle Community Redevelopment Area; to add prohibited uses, add appearance standards for outdoor display and storage, add a boundary map for the Bayshore Zoning Overlay District and for the Gateway Triangle Zoning Overlay District, add architectural standards for single family homes, and change other development standards. [PL20210001222] (This Item is a companion item to Items 16A1 and 17B) (District 4) (Commissioner Taylor’s request) Note: Time Certain Items: Item 11B to be heard at 10:00 a.m.: Provide direction to staff regarding Affordable Housing concerning the Local Housing Trust Fund for housing development activities and identification of eligible parcels for acquisition. Item 10A to be heard no sooner than 1:00 p.m.: Presentation from Baeziger and Associates outlining the steps and timeline for the County Manager recruitment process. 3/18/2022 2:15 PM 02/22/2022 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance number 04-41, as amended, the Collier County Land Development Code, to change the name of the Bayshore Mixed Use Overlay District to the Bayshore Zoning Overlay District and the name of the Gateway Triangle Mixed Use District to the Gateway Triangle Zoning Overlay District, to rename the Bayshore Gateway Triangle Redevelopment Area to the Bayshore Gateway Triangle Community Redevelopment Area; to add prohibited uses, add appearance standards for outdoor display and storage, add a boundary map for the Bayshore Zoning Overlay District and for the Gateway Triangle Zoning Overlay District, add architectural standards for single family homes, and change other development standards. [PL20210001222] (This Item is a companion item to Items 16A1 and 17B) OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed Land Development Code (LDC) amendment, to revise multiple sections of the LDC by updating the uses and applicable standards for properties located within the BGTCRA in accordance with the adopted 2019 Collier County Community Redevelopment Plan for the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) (First of two public hearings) CONSIDERATIONS: On April 23, 2019, the Board adopted Resolution 2019-75 approving the amendment to the Collier County Community Redevelopment Plan. On July 9, 2019, the Board directed staff to begin the review, drafting, and public hearing process of Regulatory Changes to implement the adopted 2019 Collier County Community Redevelopment Plan for the BGTCRA. The purpose of this LDC amendment (PL20210001222) is to implement the Plan by updating the provisions of the Bayshore Mixed Use District (BMUD) and the Gateway Triangle Mixed Use District (GTMUD). The following provides a concise overview of some of the noteworthy regulatory changes: • Renaming BMUD and GTMUD to Bayshore Zoning Overlay (BZO) and Gateway Triangle Zoning Overlay (GTZO), respectively. The Official Zoning Atlas Maps will be updated once the LDC amendment is adopted. • Inserting maps into the LDC which reflect the boundaries of the BZO and GTZO. • Prohibition of certain heavy commercial uses in the BZO subdistrict. • New appearance standards for new outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles. • New required architectural standards for single-family homes. • Allow design of on-street parking and swale enclosures, subject to Water Management District permitting and approval (corresponds to a companion draft ordinance amending the Code of Laws and Ordinances, to be provided on March 8, 2022). • Density bonus pool updates. The attached draft ordinance contains provisions establishing the Limited Density Pool Allocation for multi-family or mixed use developments on two contiguous acres or less (PL20210001033). However, the executive summary for the Limited Density Bonus Pool Allocation will be provided as a separate agenda item on March 8, 2022, including a resolution amending the Collier County Administrative Code for Land Development. Two Board hearings are required to adopt this LDC amendment pursuant to LDC section 10.03.06 K. This LDC amendment is changing a permitted or conditional use and requires at least one of the hearings 17.A Packet Pg. 1359 02/22/2022 be held after 5:00 PM on a weekday. However, on January 11, 2022, the Board approved staff’s request to waive the nighttime hearing requirement, to instead conduct two daytime hearings. Since the Board voted to hold two daytime hearings, this date represents the first hearing, and the second public hearing is scheduled for March 8, 2022. In all instances, if the draft ordinance for the BGTCRA or companion amendments do not get adopted, all ordinances (and the resolution) will be updated accordingly and as appropriate. Recap of Meetings Held: October 29, 2020: C-4 and C-5 Commercial Property Owners Meeting in relation to proposed changes to heavy commercial uses. November 12, 2021: CRA Advisory Board Meeting to review and comment on Draft Regulatory Changes. January 11, 2021: CRA Advisory Board Meeting to review updated to Drafts per comments from previously held meetings, and to receive direction to move forward with the official review of proposed changes. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: On June 15, 2021, the DSAC-LDR Subcommittee (Subcommittee) recommended approval with the following changes: • In LDC section 4.02.16 C.7.d., delete the underline and stricken words “Architectural standards of this BOZD apply,” as shown on page 27, line 40. • In LDC sections 4.02.16 C.7.g. and 4.02.16 C.11.f., provide an “unless clause” to encourage alleys to be designated as the primary access unless there are physical constraints that preclude the use of the alley. • In LDC section 4.02.16 C.11.f., correct the paragraph heading by removing the duplicate “f.,” as shown on page 31., and insert the updated language from LDC section 4.02.16 C.7.g. into this section and wherever else applicable. The Subcommittee did not object to any of staff’s edits that were presented at the meeting. On August 4, 2021, the DSAC recommended approval with no changes. However, since their meeting, staff made several edits to the document by incorporating duplicate and/or relevant language from a separate LDC amendment (i.e., LDCA-PL20210002450), including a new subsection for the BGTCRA boundary map. In addition, several scrivener’s errors proposed in LDCA-PL20210002604 were also incorporated into this document. The DSAC recommended approval of both LDC amendments on November 3, 2021. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed the amendment on November 18, 2021, and unanimously recommended approval with the following conditions: • Staff shall make a presentation to the BCC regarding the safety of the swale enclosures, demonstrating that sufficient safety points are in place to protect small children and animals. • Change the name of BMUD to BZO and the name of GTMUD to GTZO. 17.A Packet Pg. 1360 02/22/2022 • With respect to the massing and scale standards in the BGTCRA, the provisions should be reworded to indicate “Massing and scale: Houses shall in mass and scale be compatible with the surrounding area” and replicate a form of this language in all relevant sections of the BGTCRA. FISCAL IMPACT: There is no fiscal impact associated with this action for PL20210001222. However, with respect to the Limited Density Pool Allocation component of the draft ordinance (PL20210001033), which will be presented as a separate agenda item on March 8, 2022, staff offers the following information: Based on the total 122 units currently available in the BGTCRA density bonus pool, this program has the potential to generate roughly $480,000 to $640,000 of contributed funds toward the CRA’s Public Art Fund or Capital Project Fund, or County Capital Project fund for projects within the BGTCRA boundary over the next eight years. In the event that additional density bonus units are added to the pool by Board action, this would translate to an increase in the potential for such contributions. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board approval. (HFAC) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: This is the first of two hearings for PL20210001222. To approve the proposed Ordinance amending the Land Development Code. Prepared by: Eric Johnson, AICP, CFM, LDC Manager, Zoning Division ATTACHMENT(S) 1. [Linked] PL20210001222 - Bayshore CRA Updates_Draft Ordinance (PDF) 2. [Linked] PL20210001222 - Bayshore CRA Updates (12-10-2021) (PDF) 3. legal ad - Agenda IDs 20832 & 20834 (PDF) 17.A Packet Pg. 1361 02/22/2022 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 21253 Item Summary: *** This item has been continued from the January 25, 2022 and February 8, 2022 BCC Meetings. This item is the first of two hearings. *** Recommendation to approve an Ordinance amending Ordinance number 04-41, as amended, the Collier County Land Development Code, to change the name of the Bayshore Mixed Use Overlay District to the Bayshore Zoning Overlay District and the name of the Gateway Triangle Mixed Use District to the Gateway Triangle Zoning Overlay District, to rename the Bayshore Gateway Triangle Redevelopment Area to the Bayshore Gateway Triangle Community Redevelopment Area; to add prohibited uses, add appearance standards for outdoor display and storage, add a boundary map for the Bayshore Zoning Overlay District and for the Gateway Triangle Zoning Overlay District, add architectural standards for single family homes, and change other development standards. [PL20210001222] (This Item is a companion item to Items 16A1 and 17B) Meeting Date: 02/22/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 02/09/2022 11:33 AM Submitted by: Title: – Zoning Name: Mike Bosi 02/09/2022 11:33 AM Approved By: Review: Zoning Mike Bosi Zoning Director Review Completed 02/10/2022 9:52 AM Growth Management Department Diane Lynch Additional Reviewer Completed 02/11/2022 2:05 PM Growth Management Department Trinity Scott Transportation Skipped 02/10/2022 11:14 AM Growth Management Department James C French Additional Reviewer Completed 02/11/2022 5:01 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/13/2022 8:35 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/14/2022 8:36 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/15/2022 4:51 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2022 8:31 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/16/2022 11:41 AM Board of County Commissioners Geoffrey Willig Meeting Pending 02/22/2022 9:00 AM 17.A Packet Pg. 1362 17.A.c Packet Pg. 1363 Attachment: legal ad - Agenda IDs 20832 & 20834 (21253 : Bayshore CRA Updates (LDCA)) DRAFT 12/17/21 Page 1 of 62 Words struck through are deleted, words underlined are added. ORDINANCE NO. 2022 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CHANGE THE NAME OF THE BAYSHORE MIXED USE OVERLAY DISTRICT TO THE BAYSHORE ZONING OVERLAY DISTRICT AND THE NAME OF THE GATEWAY TRIANGLE MIXED USE DISTRICT TO THE GATEWAY TRIANGLE ZONING OVERLAY DISTRICT; TO ADD PROHIBITED USES; ADD APPEARANCE STANDARDS FOR OUTDOOR DISPLAY AND STORAGE, ADD A BOUNDARY MAP FOR THE BAYSHORE ZONING OVERLAY DISTRICT AND FOR THE GATEWAY TRIANGLE ZONING OVERLAY DISTRICT, ADD ARCHITECTURAL STANDARDS FOR SINGLE FAMILY HOMES, AND CHANGE OTHER DEVELOPMENT STANDARDS, TO ESTABLISH A LIMITED DENSITY POOL ALLOCATION FOR MULTIFAMILY PROJECTS AND MIXED USE PROJECTS 2 ACRES OR LESS; AND TO PROVIDE FOR PUBLIC REALM IMPROVEMENTS FOR PROJECTS WHICH UTILIZE THE DENSITY BONUS POOL; BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS; CHAPTER 2 ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS AND SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER 4 SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, AND CHAPTER 10 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.15 REQUIREMENTS FOR MIXED USE PROJECTS WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA AND SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20210001222, PL20210001033] DRAFT 12/17/21 Page 2 of 62 Words struck through are deleted, words underlined are added. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on November 18, 2021, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ________, 2022, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: DRAFT 12/17/21 Page 3 of 62 Words struck through are deleted, words underlined are added. SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or DRAFT 12/17/21 Page 4 of 62 Words struck through are deleted, words underlined are added. intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41 as amended. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS DRAFT 12/17/21 Page 5 of 62 Words struck through are deleted, words underlined are added. Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * 1.08.01 Abbreviations * * * * * * * * * * * * * BFE Base Flood Elevation BGTCRA Bayshore Gateway Triangle Community Redevelopment Area BMUD Bayshore Mixed Use District BP Business Park Zoning District BZO Bayshore Zoning Overlay District * * * * * * * * * * * * * GT Gopher Tortoise GIS Geographic information system GTMUD Gateway Triangle Mixed Use District GTZO Gateway Triangle Zoning Overlay District * * * * * * * * * * * * * ICBSD Immokalee Central Business Subdistrict LDBPA Limited Density Bonus Pool Allocation LDC Collier County Land Development Code * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02, Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Mixed use project approval process: A process by which a land owner may petition for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Zoning Overlay District or the Gateway Triangle Mixed Use Zoning Overlay District, such a petition may include a request for increased density by use of bonus density bonus pool units. * * * * * * * * * * * * * DRAFT 12/17/21 Page 6 of 62 Words struck through are deleted, words underlined are added. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * I. Bayshore Mixed Use Zoning Overlay District (BMUDBZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation " BMUDBZO " on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) with pedestrian-oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity, including a mix of residential, civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings, both commercial and residential, are located near the street, and may have front porches and/or balconies. 2. Applicability. a. These regulations shall apply to the Bayshore Mixed Use Zoning Overlay District as identified by the designation "BMUDBZO" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Bayshore Overlay DistrictBZO requirements. c. The boundary of the BZO is delineated on the map below. DRAFT 12/17/21 Page 7 of 62 Words struck through are deleted, words underlined are added. 3. Relationship to the Underlying Zoning Classification and the GMP Collier County Growth Management Plan. a. The purpose of the BMUDBZO is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the BMUDBZO implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use ElementFLUE. Portions of the Bayshore Overlay DistrictBZO coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County GMP. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16 of the LDC. DRAFT 12/17/21 Page 8 of 62 Words struck through are deleted, words underlined are added. b. Property owners within the BMUDBZO may establish uses, densities, and intensities in accordance with the LDC regulations of the underlying zoning classification, except as restricted in LDC section 2.03.07 I.4.b.iv., or in accordance with or may elect to develop/redevelop under the provisions of the applicable BMUDBZO Subdistrict. In either instance, however, the BMUDBZO site development standards as provided for in LDC section 4.02.16 shall apply. 4. Bayshore Mixed Use District (BMUD) Zoning Overlay District (BZO) Subdistricts. a. The BMUDBZO consists of the following subdistricts: i. Neighborhood Commercial Subdistrict (BMUDBZO-NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in a single building. This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including galleries, artists' studios, and live-work units. Developments will be human-scale and pedestrian-oriented. ii. Waterfront Subdistrict (BMUDBZO-W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is intended to allow a mix of residential and commercial uses including limited marina and boatyard uses. iii. Residential Subdistrict 1 (BMUDBZO-R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street. iv. Residential Subdistrict 2 (BMUDBZO-R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi-family residences as transitional uses between commercial and single-family development. The multi- family buildings shall be compatible with the building patterns of traditional neighborhood design. v. Residential Subdistrict 3 (BMUDBZO-R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single-family dwellings. All new development in this subdistrict shall be compatible with the building patterns of traditional neighborhood design. vi. Residential Subdistrict 4 (BMUDBZO-R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached single-family dwelling units, while allowing for building additions such as front porches. DRAFT 12/17/21 Page 9 of 62 Words struck through are deleted, words underlined are added. b. Use Categories and Table of Uses. i. All uses permitted in the BMUDBZO subdistricts have been divided into 9 eight general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. ii. Interpretation of the Table of Uses. a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the DRAFT 12/17/21 Page 10 of 62 Words struck through are deleted, words underlined are added. process outlined in LDC section 1.06.00, Rules of Interpretation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUDBZO- NC and BMUDBZO-W subdistricts, and subject to the MUP approval process as outlined in Section LDC section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning, except as restricted in LDC section. 2.03.07 I.4.b.iv., or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in LDC section 4.02.16. DRAFT 12/17/21 Page 11 of 62 Words struck through are deleted, words underlined are added. iii. Table of Uses. Table 1. Table of Uses for the Bayshore Mixed Use DistrictOverlay Zoning BZO Subdistricts USE TYPE BMUDBZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE R1 R2 R3 R4 NC W a) RESIDENTIAL 1) Dwelling, Single-Family P P P P P 2) Dwelling, Duplex P P P 3) Dwelling, Two-Family P P P P P 4) Dwelling, Rowhouse P P P P P 5) Dwelling, Multi-Family (3 or more) P P P P P 6) Dwelling, Mobile Home P* *If allowed by underlying zoning 7) Home Occupations A A A A A A 5.02.03 8) Live-Work Units CU P P 4.02.16 C.6. 9) Artist Village CU CU CU P P 4.02.16 C.3. b) LODGING 1) Bed & Breakfast Facilities CU CU CU 4.02.16 C.4. 2) Hotels and Motels P P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services P 2) Business Support Services P P 3) Child Care Services CU CU CU CU CU 4) Community Service Organization P P 5) Drive Thru Service (banks) 6) Government Services P P 7) Family Care Facility/Nursing Home P P 8) Medical Services – Doctor Office P P 9) Medical Services - Outpatient/Urgent Care P 10) Personal Care Services P P 11) Post Office P P 12) Professional Office or Service P P 13) Rental Services - Equipment/Vehicles P P 2.03.07 I.4.b.iv. 14) Studio - Art, Dance, Martial Arts, Music P P 15) Studio - Motion Picture CU 16) Vehicle Services - Maintenance/Repair 17) Veterinarians Office P P 18) Video Rental P P d) RETAIL/ RESTAURANTS 1) Auto Parts Sales 2) Bars/Tavern/Night Club P P DRAFT 12/17/21 Page 12 of 62 Words struck through are deleted, words underlined are added. 3) Drive Thru Retail/Restaurant 4) Gas Station with Convenience Store P P 5.05.05 5) Neighborhood Retail - <2,000 sf P P 6) General Retail - <15,000 sf P P 7) General Retail - >15,000 sf CU CU 8) Restaurant P P 9) Shopping Center CU CU 10) Vehicle/Boat/Heavy Equipment Sales CU 4.02.16 C.7. 2.03.07 I.4.b.iv. 4.02.16 C.10. 11) Boat Sales CU 2.03.07 I.4.b.iv.a. 4.02.16 C.7. e) ENTERTAINMENT/RECREATION 1) Gallery / Museum P P 2) Meeting Facility P P 3) Cultural or Community Facility P P 4) Theater, Live Performance P P 5) Theater, Movie CU CU 6) Recreation Facility, Indoor P P 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P P 9) Amusements, Outdoor CU CU 10) Community Garden P P P P P P 4.02.16 C.5. f) MANUFACTURING/WHOLESALE/STORAGE 1) Laboratory - Medical, analytical, research P 2) Laundries and Dry Cleaning P 3) Media Production P 4) Metal Products Fabrication P 5) Mini-Warehouses 2.03.07 I.4.b.iv.c) 6) Repair Shops P P 2.03.07 I.4.b.iv. 7) Research and Development P P 8) Storage - Outdoor A 2.03.07 I.4.b.iv.a) 4.02.16 C.9101. 9) Storage - Warehouse g) CIVIC INSTITUTIONAL 1) College/University P P 2) Educational Plant P P P P P P 3) Hospital 4) Membership Organizations P P 5) Public Safety Facility CU CU 6) Religious Institution CU CU CU CU CU CU 7) Schools - Elementary and Secondary 8) Schools - Vocational and Technical DRAFT 12/17/21 Page 13 of 62 Words struck through are deleted, words underlined are added. h) INFRASTRUCTURE 1) Automobile Parking Facilities CU 2) Boat Launch A 3) Essential Services P P P P P P 4) Marinas and Boatyards P P 4.02.16 C.7. 5) Transit Station 6) Wireless Telecommunication Facility Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iv. Prohibited uses. These uses are prohibited, except that those existing as of [effective date of Ordinance] may continue to operate as a permitted use until the use ceases for a period of one year. a) Prohibited uses in C-2, C-3, C-4, and C-5 zoning districts. For purposes of this section, outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles on a lot that is less than 30,000 square feet is prohibited within the BZO or underlying zoning districts if zoned C-2, C-3, C-4, or C-5. b) Prohibited uses in the C-4 zoning district. For purposes of this section, the following use is also prohibited within the BZO and underlying zoning district if zoned C-4: 1) Repair shops and services, not elsewhere classified (7699) – Boiler repair shops except manufacturing, Sewer cleaning and rodding, Tank and boiler cleaning service, and Tank truck cleaning service. c) Prohibited uses in the C-5 zoning district. For purposes of this section the following list of uses shall be prohibited within the BZO and underlying zoning district if zoned C-5: DRAFT 12/17/21 Page 14 of 62 Words struck through are deleted, words underlined are added. 1) Equipment rental and leasing (7359) – Industrial truck and portable toilet. 2) Mobile home dealers (5271). 3) Motor freight transportation and warehousing (4225) - Mini- and self-storage warehousing. 4) Recreational vehicle dealers (5561). 5) Repair shops and services, not elsewhere classified (7699) – Boiler cleaning, Boiler repair shops, Cesspool cleaning, Industrial truck repair, Septic tank cleaning service, Sewer cleaning and rodding, Tank and boiler cleaning service, and Tank truck cleaning service. 6) Truck rental and leasing, without drivers (7513). 7) Utility trailer and recreational vehicle rental (7519). * * * * * * * * * * * * * N. Gateway Triangle Mixed Use Zoning Overlay District (GTMUDGTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUDGTZO" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) with human-scale, pedestrian- oriented, interconnected projects that are urban in nature and include a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed-use buildings, an interconnected street system, and connections to adjacent neighborhoods. When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development; promote traditional urban design; encourage on-street parking and shared parking facilities; provide appropriate landscaping and buffering; and protect and enhance the Shadowlawn residential neighborhood. 2. Applicability. a. These regulations shall apply to the Gateway Triangle Mixed Use Zoning Overlay District as identified by the designation "GTMUDGTZO" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, DRAFT 12/17/21 Page 15 of 62 Words struck through are deleted, words underlined are added. 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Gateway Triangle Mixed Use DistrictGTZO requirements. c. The boundary of the GTZO is delineated on the map below. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. a. The purpose of the GTMUDGTZO is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUDGTZO implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed DRAFT 12/17/21 Page 16 of 62 Words struck through are deleted, words underlined are added. Use DistrictGTZO that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16 of the Collier County Land Development Code (LDC). b. Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUDGTZO Subdistrict. In either instance, the GTMUDGTZO site development standards as provided for in LDC section 4.02.16 shall apply. 4. Gateway Triangle Mixed UseZoning Overlay District (GTMUDGTZO) Subdistricts. a. The Gateway Triangle Zoning Overlay Mixed Use District consists of the following subdistricts: i. Mixed Use Subdistrict (GTMUDGTZO-MXD). The purpose and intent of this subdistrict is to provide for pedestrian-oriented commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi-story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. ii. Residential Subdistrict (GTMUDGTZO-R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non-residential uses in a walkable context. b. Use Categories and Table of Uses. i. All uses permitted in the GTMUDGTZO subdistricts have been divided into nineeight general categories, which are summarized below: DRAFT 12/17/21 Page 17 of 62 Words struck through are deleted, words underlined are added. a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. ii. Interpretation of the Table of Uses. a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. DRAFT 12/17/21 Page 18 of 62 Words struck through are deleted, words underlined are added. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUDGTZO-MXD subdistrict, and subject to the MUP approval process as outlined in LDC section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in LDC section 4.02.16. iii. Table of Uses. Table 2. Table of Uses for the Gateway Triangle Mixed Use Overlay Zoning District GTZO Subdistricts USE TYPE GTMUDGTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MXDMIXED USE a) RESIDENTIAL 1) Dwelling, Single-Family P P 2) Dwelling, Duplex P P 3) Dwelling, Two-Family P P 4) Dwelling, Rowhouse P P 5) Dwelling, Multi-Family (3 or more) P P 6) Dwelling, Mobile Home P* *If permitted by underlying zoning 7) Guesthouse A A 5.05.04 and 4.02.16 C.2. 8) Home Occupations A A 5.02.03 9) Live-Work Units CU P 4.02.16 C.6. 10) Artist Village CU P 4.02.16 C.3. b) LODGING 1) Bed & Breakfast Facilities CU CU 4.02.16 C.4. 2) Hotels and Motels P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services P 2) Business Support Services P 3) Child Care Services CU CU 4) Community Service Organization P 5) Government Services P 6) Family Care Facility/Nursing Home CU 7) Medical Services - Doctor Office P 8) Medical Services - Outpatient/Urgent P DRAFT 12/17/21 Page 19 of 62 Words struck through are deleted, words underlined are added. Care 9) Personal Care Services P 10) Post Office P 11) Professional Office or Service P 12) Rental Services - Equipment/Vehicles P 13) Studio - Art, Dance, Martial Arts, Music P 14) Studio - Motion Picture CU 15) Vehicle Services - Maintenance/Repair CU 16) Veterinarians Office P 17) Video Rental P d) RETAIL/ RESTAURANTS 1) Auto Parts Sales P 2) Bars/Tavern/Night Club P 3) Drive Thru Retail/Restaurant P 4) Gas Station with Convenience Store P 5.05.05 5) Neighborhood Retail - <2,000 sf P 6) General Retail - <15,000 sf P 7) General Retail - >15,000 sf P 8) Restaurant P 9) Shopping Center CU 10) Vehicle/Boat/Heavy Equipment Sales P 4.02.16 C.10. e) ENTERTAINMENT/RECREATION 1) Gallery / Museum P 2) Meeting Facility CU P 3) Cultural or Community Facility CU P 4) Theater, Live Performance P 5) Theater, Movie CU 6) Recreation Facility, Indoor P 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P 9) Amusements, Outdoor CU CU 10) Community Garden P P 4.02.16 C.5. f) MANUFACTURING/WHOLESALE/STORAGE 1) Boat Yards CU 4.02.16 C.7. 2) Laboratory - Medical, analytical, research P 3) Laundries and Dry-cleaning P 4) Media Production P 5) Metal Products Fabrication CU 6) Mini-Warehouses 7) Repair Shops P 8) Research and Development P 9) Storage – Outdoor CU 4.02.16 C.9101. 10) Storage - Warehouse P 11) Lawn and Garden Services in conjunction with a Nursery CU g) CIVIC/INSTITUTIONAL 1) College/University CU 2) Educational Plant P P 3) Hospital CU 4) Membership Organizations P 5) Public Safety Facility CU DRAFT 12/17/21 Page 20 of 62 Words struck through are deleted, words underlined are added. 6) Religious Institution CU CU 7) Schools - Elementary and Secondary P 8) Schools - Vocational and Technical CU h) INFRASTRUCTURE 1) Automobile Parking Facilities P 2) Boat Launch 3) Essential Services P P 4) Marinas P 5) Transit Station CU 6) Wireless Telecommunication Facility CU Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES Section 2.05.01, Density Standards and Housing Types, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. * * * * * * * * * * * * * BZO BMUD S S S S 12 GTZO GTMUD S S S S 12 * * * * * * * * * * * * * 12 Maximum allowable density in the BMUD BZO and GTMUD GTZO overlays is attained through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. * * * * * * * * * * * * * DRAFT 12/17/21 Page 21 of 62 Words struck through are deleted, words underlined are added. SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area A. Dimensional and Design Standards for the BMUDBZO. 1. Neighborhood Commercial Subdistrict (BMUDBZO-NC). a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D., Building Types and Architectural Standards. Table 1. Dimensional Requirements in the BMUDBZO-NC House1 Rowhouse2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit6 700 per unit6 700 per unit6 n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 56 56 42 Notes: 1See 4.02.16.A.7 regarding Duplexes. 2See 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. DRAFT 12/17/21 Page 22 of 62 Words struck through are deleted, words underlined are added. 5Property zoned C-3 shall have a minimum lot width of 75 feet. 6Not applicable to guest rooms in hotels. 2. Waterfront Subdistrict (BMUDBZO-W). a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D., Building Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUDBZO-W House1 Rowhouse2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit6 700 per unit6 700 per unit6 n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 56 56 42 Notes: 1See LDC section 4.02.16.A.7 regarding Duplexes. 2See LDC section 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. 5Property zoned C-3 shall have a minimum lot width of 75 feet. 6Not applicable to guest rooms in hotels. 3. Residential 1 Subdistrict (BMUDBZO-R1). a. Specific District Provisions: DRAFT 12/17/21 Page 23 of 62 Words struck through are deleted, words underlined are added. i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section LDC 4.02.16 D., Building Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUDBZO-R1 House1 Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 Notes: 1See LDC 4.02.16.A.7 regarding Duplexes. 2See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. 4. Residential 2 Subdistrict (BMUDBZO-R2). a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D., Building Types and Architectural Standards. Table 4. Dimensional Requirements in the BMUDBZO-R2 House1 Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 25 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 Notes: DRAFT 12/17/21 Page 24 of 62 Words struck through are deleted, words underlined are added. 1See LDC 4.02.16.A.7 regarding Duplexes. 2See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. 5. Residential 3 Subdistrict (BMUDBZO-R3). a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D., Building Types and Architectural Standards. Table 5. Dimensional Requirements in the BMUDBZO-R3 House1 Mobile Home Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 40 40 253 100 100 Min. Front Yard (ft) 10 25 10 10 10 Min. Side Yard (ft) 5 7.5 5 7.5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per unit n/a Min. Building Separation n/a n/a n/a 10 10 Max. Building Height (ft)4 35 30 35 35 35 Notes: 1See LDC 4.02.16.A.7 regarding Duplexes. 2See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. 6. Residential 4 Subdistrict (BMUDBZO-R4). a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. DRAFT 12/17/21 Page 25 of 62 Words struck through are deleted, words underlined are added. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D., Building Types and Architectural Standards. Table 6. Dimensional Requirements in the BMUDBZO-R4 House1 Civic & Institutional Min. Lot Width (ft) 50 100 Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Floor Area (sq ft) 1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft)2 35 35 Notes: 1See LDC 4.02.16.A.7 regarding Duplexes. 2Zoned Height of Building. 7. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. c. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 50 feet. d. Two Family dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. Front porches in the BMUDBZO - R1 and BMUDBZO - R3 subdistricts that comply with the design criteria of LDC section 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, and stairs are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. DRAFT 12/17/21 Page 26 of 62 Words struck through are deleted, words underlined are added. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in LDC section 4.02.16 C.2. vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof shall be no more than 5 feet in height at its highest point. B. Dimensional and Design Standards for the GTMUDGTZO. 1. Mixed Use Subdistrict (GTMUDGTZO-MXD). a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D., Building Types and Architectural Standards. Table 7. Dimensional Requirements in the GTMUDGTZO-MXD House1 Rowhouse2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 6.56 6.56 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront Setback (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit8 700 per unit8 700 per unit8 n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 567 567 42 Notes: DRAFT 12/17/21 Page 27 of 62 Words struck through are deleted, words underlined are added. 1See LDC 4.02.16.B.3 regarding Duplexes. 2See LDC 4.02.16.B.3 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. 5Property zoned C-3 shall have a minimum lot width of 75 feet. 6Development in the Mini-Triangle Area of the GTMUDGTZO-MXD subdistrict shall have a maximum setback of 20 feet. 7MUPs in the Mini-Triangle Area of the GTMUDGTZO-MXD subdistrict shall have a maximum zoned building height of 112 feet. 8Not applicable to guest rooms in hotels. 2. Residential Subdistrict (GTMUDGTZO R). a. Specific District Provisions: i. Maximum Density is based on maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in LDC section 4.02.16 D, Building Types and Architectural Standards . Table 8. Dimensional Requirements in the GTMUDGTZO R House1 Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 Notes: 1See LDC 4.02.16.A.7 regarding Duplexes. 2See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4Zoned Height of Building. 3. Exceptions to Dimensional Requirements: DRAFT 12/17/21 Page 28 of 62 Words struck through are deleted, words underlined are added. a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or party wall, is provided. c. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: i. Front porches in the GTMUDGTZO - R subdistrict that comply with the design criteria of LDC section 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, stairs and raised doorways are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in LDC section 4.02.16 C.2. vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof can be no more than 5 feet in height. C. Additional Standards for Specific Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. DRAFT 12/17/21 Page 29 of 62 Words struck through are deleted, words underlined are added. 1. Accessory Parking Zones. a. Lots adjacent to the Neighborhood Commercial (BMUDBZO-NC), Waterfront (BMUDBZO-W) and Mixed Use (GTMUDGTZO-MXD) Subdistricts, designated Accessory Parking Zoning (APZ) as identified on the Collier County Zoning Map, may be used for off street parking or water retention and management areas, in the following manner: i. As an accessory use to an adjacent non-residential principal use under the same ownership or legal control; or ii. As a public parking lot designated as a principal use. b. A buffer must be provided between the APZ and adjacent residential lots as provided in LDC section 4.02.16 E.2.a.i. 2. Accessory Uses to Residential Structures. An accessory structure located on the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage, swimming pool or guesthouse. * * * * * * * * * * * * * g. Location: Accessory structures shall not be located in the front yard, except that accessory structures located on corner lots may be located in the front yard with the longer street frontage. In the case where a principal residential structure has been constructed prior to December 12, 2000, the accessory structure may be located in the front yard, provided the accessory structure is screened by a fence or landscaping, and garage doors shall not face the public right-of-way. Accessory structures shall be setback a minimum of 10 feet from the rear property line and shall have the same side setback as required for the principal structure for the overlay subdistrict in which it is located. 3. Artist Village. a. Artist village is limited to the housing of artists, such as painters, sculptors, jewelry makers, in one or more multifamily attached dwellings, clustered single-family detached dwellings, or a combination thereof. b. Dwellings shall not be leased for periods less than 30 days. c. Artist village consisting of clustered, single-family detached dwellings, shall be designed consistent with the provisions for cluster residential design in LDC section 4.02.04. DRAFT 12/17/21 Page 30 of 62 Words struck through are deleted, words underlined are added. d. Shared studio and/or gallery space shall be provided for the use of all residents of the artist village. * * * * * * * * * * * * * 6. Live-Work Units. a. All live-work units must fully comply with any and all Building Code requirements. b. The non-residential use areas shall meet accessibility requirements of the applicable Building Code (including site access and parking) and be oriented to the street. c. Size: The live-work unit shall have a minimum total size of 1,000 square feet and a maximum total size of 3,000 square feet and three stories in height. The non-residential use area must occupy less than 50 percent of total unit. d. The same individual(s) must occupy the non-residential use area and living area. e. The live-work unit may employ a maximum of 1 non-resident worker/employee on premise at any one time. f. Live-work units in non-residential subdistricts (BMUDBZO-NC, BMUDBZO-W and GTMUDGTZO-MXD) shall be established through the mixed use project approval process. g. Limitations on use. The non-residential component of a live-work unit shall be limited in the following manner: i. Live-work units in a non-residential subdistrict (BMUDBZO-NC, BMUDBZO-W and GTMUDGTZO-MXD) limited to uses permitted within the applicable subdistrict or underlying zoning district. ii. Live-work units approved as a conditional use in a residential subdistrict (BMUDBZO-R3 and GTMUDGTZO-R) shall be limited to non-residential uses including artist studio, professional office, professional service such as hair salon or tailor, or any other use deemed to be similar in nature by the BZA during the conditional use process. Non-residential uses may include ancillary retail, such as galleries selling artwork and hair salons selling hair products. iii. Prohibited uses include Vehicle Maintenance or Repair, Entertainment, Drinking and Public Eating Establishment, the sale of food and beverages, Sexually-Oriented Businesses, veterinary DRAFT 12/17/21 Page 31 of 62 Words struck through are deleted, words underlined are added. services, and activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. h. Parking: 1 parking space per 500 square feet of the non- residential portion of the live-work unit plus 1 space for the residential unit. i. Signage: Signage for live-work units in a commercial subdistrict shall be limited to wall signs in accordance with LDC section 5.06.04. Live-work units located in a residential subdistrict shall be limited to 1 non-illuminated wall sign with a maximum sign area of 8 square feet. 7. Marinas and Boatyards. a. Repair and dry storage areas shall not be visible from the street. b. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and adjacent residential lots and shall not be visible from Bayshore Drive the street. c. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish, or metal, or a combination. No chain link or wood fences are is allowed. d. Height of structures may be increased to a maximum actual height of 50 feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. e. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: i. All areas used for boat display activities shall occupy no more than 35 percent of the linear frontage of the property. ii. All boat sale areas shall not be closer to the frontage line than the primary building they serve. iii. All boats located within an outdoor sales area shall not exceed the height of 17 feet above existing grade. iv. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. DRAFT 12/17/21 Page 32 of 62 Words struck through are deleted, words underlined are added. v. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at three feet on center at the time of planting. fe. One parking space per 5 dry boat storage spaces. gf. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. g. For properties with access to an alley, the alley shall be the primary access for loading and service functions unless physical constraints preclude the use of the alley in this manner. 8. Mixed Use Project. a. Mixed Use Projects (MUPs) are typically human-scale, pedestrian- oriented, interconnected projects with a mix of residential and commercial uses such as retail, office and civic amenities that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. b. Mixed Use Projects in the BMUDBZO-NC, BMUDBZO-W and GTMUDGTZO-MXD shall be reviewed and permitted in accordance with LDC section 10.02.15. c. A minimum of 60 percent of all commercial uses within a mixed use project shall provide retail, office and/or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. d. A maximum of 25 percent of the residential units within a mixed use projectMUP may shall be on gated roadways, except that MUPs utilizing the Density Bonus Pool shall not be gated. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a mixed use project, or otherwise in accordance with a development schedule approved for the project and made a condition of the MUP approval. e. MUPs shall provide connection to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street DRAFT 12/17/21 Page 33 of 62 Words struck through are deleted, words underlined are added. pattern is preferred; however, modifications may be approved, provided the vehicular network provides interconnections between internal uses and external connections to adjoining neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle, and transit. Vehicular and pedestrian interconnection shall be provided to the property line to allow access to all connection points with the abutting development, consistent with the conceptual PUD Master Plan. The final location of the access point(s) shall be coordinated with the adjacent property owners and a cross-access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, shall be provided at time of the first SDP or PPL. The connection and supporting infrastructure shall be constructed to the property line on the subject property by the developer, successors, or assigns prior to the issuance of the first C.O. The interconnections shall remain open to the public. f. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. g. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. h. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in LDC section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land, cash, or other in-kind contribution may be accepted by the CRA, where it has been demonstrated to sufficiently mitigate for the reduction of required on-site usable open space. This cash or in-kind contribution may be used to enhance the public realm (public art, plaza, fountains, etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. i. For MUPs utilizing the Density Bonus Pool, the project’s vehicular access shall not be gated, and the project shall comply with LDC sections 4.02.16.C 15.b. and c. and 4.02.16 C.16. j. For MUPs utilizing the Density Bonus Pool Allocation, a mix of uses are required so that any one use (residential or non-residential) does not exceed 80 percent of the gross building square footage. This ratio is applicable to an MUP whether it is vertically mixed (mix of uses contained within the same building) or horizontally mixed (mix of uses within separate buildings). Nonresidential uses must be publicly accessible. 9. Outdoor Display and Sale of Merchandise vending machines. DRAFT 12/17/21 Page 34 of 62 Words struck through are deleted, words underlined are added. a. No automatic food and drinking vending machines are permitted outside of any structure. b. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable). c. Outdoor display and sale of merchandise, within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. 10. All permitted or conditional uses allowing for outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles, shall be required to meet the following standards: a. Total area of the property used for these outdoor functions is limited to 30 percent of the property. b. These outdoor functions are limited to occupying a maximum of 35 percent of the linear frontage of the property along arterials, collectors, and local streets which are in view of or provide access to residential uses. These outdoor functions may occupy up to 50 percent of the linear frontage of the property along a local street which is not in view of and does not provide access to residential uses. c. Outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles shall not be closer to the frontage line than the primary building they serve. d. A maximum height of 17 feet above existing grade applies to boats, vehicles, construction materials or equipment that is stored, on display, or for sale outdoors. e. Any outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles that exceed a height of six feet shall be set back at least 50 feet from a property line that is adjacent to or in the view of property zoned for or used for residential purposes. f. For properties with access to an alley, the alley shall be the primary access for loading and service functions unless physical constraints preclude the use of the alley in this manner. g. Buffering shall be provided in accordance with LDC section 4.02.16 E., unless as specified in this section for outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles: Outdoor display or sales area Min. Screening Width (ft) Screening material Perimeter screening, except for side and rear yards that adjoin or are in view of property zoned for residential purposes 10 Trees a minimum of 14 feet in height, spaced 30 feet on center and a double hedge row, three feet in height and spaced 3 feet on center at DRAFT 12/17/21 Page 35 of 62 Words struck through are deleted, words underlined are added. time of planting Side and rear yards that adjoin or are in view of property zoned for residential purposes 10 Wall or fence six feet in height. The outside of the wall or fence must contain landscape material in accordance with Type B buffer requirements Outdoor storage area 10 Wall or fence in accordance with LDC section 4.02.12. The outside of the wall or fence must contain landscape material in accordance with Type B buffer requirements Note: Wall or fence material shall consist of either vinyl composite, concrete block with stucco finish, or metal, or a combination. No chain link or wood fences are allowed. h. Minimum required parking spaces for outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles shall be 1 space per 1,000 square feet of outdoor display and outdoor sales area in addition to the requirement for the buildings and other uses on the site. Required parking spaces shall be clearly designated and not used for items for sale or display. Outdoor display or sales areas shall be connected to these parking spaces and to the primary structure on the site by a pedestrian walkway. 11. Commercial vehicle or fleet vehicle parking for non-residential uses. a. Commercial vehicle or fleet vehicle parking in connection with a non- residential use in a non-residential district may be permitted on improved property, limited to the rear yard. b. Screening of commercial vehicle or fleet vehicle parking that adjoins or is in view of property zoned for or used for residential purposes must include a minimum 6 foot high wall or fence. The wall or fence material can be vinyl composite, concrete block with stucco finish, metal, or a combination. No chain link or wood fences are allowed. A minimum 10 foot wide landscape buffer must be planted outside the wall or fence with trees at a minimum height of 14 feet and double row hedge at a minimum height of 3 feet at time of planting. c. For properties with access to an alley, the alley shall be the primary access for loading and service functions and access to the commercial or fleet vehicles unless physical constraints preclude the use of the alley in this manner. 12. View of repair bays and overhead doors. Repair bays that are open or that have metal roll-up garage doors shall not be visible from public rights-of-way, except for alleys. 13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use developments on two contiguous acres or less. DRAFT 12/17/21 Page 36 of 62 Words struck through are deleted, words underlined are added. a. Purpose and Intent. The limited density bonus pool for smaller developments are to incentivize redevelopment and to promote investment in the public realm. b. Eligibility. Up to two additional dwelling units per acre are allowed to be allocated to a multi-family or mixed use development through an LDBPA, subject to the following requirements and procedures: i. The project must comply with the dimensional and design standards of the BZO or GTZO as applicable. ii. The development shall be within a zoning district or overlay zoning district that permits multi-family development or mixed use development. iii. The property shall be limited to a maximum of two contiguous acres. An allocation request shall not be granted for property that is subdivided after the [effective date of Ordinance], iv. The maximum number of additional units shall be limited to four additional units and not exceed a density increase of two additional dwelling units per acre. v. Development must comply with eligibility criteria in LDC section 4.02.16 C.12. vi. The Administrative Code shall establish the process and submittal requirements for an LBDPA application. c. Public notice. Public notice, notice to property owners, and an advertised public hearing, is required and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R and Chapter 6 of the Administrative Code. d. Evaluation criteria. The application shall be reviewed by the Hearing Examiner or CCPC for compliance with the following standards of approval: i. The proposed development is consistent with the GMP. ii. The development shall have a beneficial effect upon the neighborhood and advance a Goal, Objective, or Strategy of the adopted Bayshore Gateway Triangle Community Redevelopment Plan. iii. Internal driveways, utilities, drainage facilities, recreation areas, building heights, yards, architectural features, vehicular parking, loading facilities, sight distances, landscaping and buffers shall be adequate for the particular use involved. iv. Vehicular access to the project shall not be gated. DRAFT 12/17/21 Page 37 of 62 Words struck through are deleted, words underlined are added. v. The petition has provided compatibility enhancements by exceeding minimum buffer requirements or incorporating streetscape enhancements. vi. Compliance with the public realm improvement requirements in LDC section 4.02.16 C.12. 14. Density Pool Allocation for developments over two contiguous acres. LDC section 10.02.15 C. provides for the process for a development to utilize the Density Pool. In addition to those criteria, the application shall also provide for: a. Commitment that the project shall not be gated. b. Contribution to the public realm improvements in LDC section 4.02.16 C.12. 15. Public realm improvements. Any project that receives an allocation of Density Bonus Pool units requires an improvement or contribution to the public realm within the BGTCRA at time of SDP or Plat approval. a. Monetary Contributions will be made to CRA for the CRA’s Public Art Fund or Capital Project Fund, or County Capital Project fund for projects within the BGTCRA boundary as follows: i. For projects that receive one to four units from the Density Bonus Pool, the amount will be three percent of the engineer’s Opinion of Probable Cost of Required Improvement per LDC section 10.02.04.C, to be provided at time of each SDP or PPL for the project; ii. For projects that receive five to nine units from the Density Bonus Pool, the amount will be five percent of the engineer’s Opinion of Probable Cost of Required Improvement per LDC section 10.02.04.C, to be provided at time of each SDP or PPL for the project; iii. For projects that receive ten or more units from the Density Bonus Pool, the amount will be five percent of the engineer’s Opinion of Probable Cost of Required Improvement per LDC section 10.02.04.C, to be provided at time of each SDP or PPL for the project, plus an additional one percent of the engineer’s Opinion of Probable Cost for each increment of 10 Density Bonus Pool units allocated over nine units; for example for 20-29 Density Bonus Pool units, the calculation is five percent + one percent + one percent = seven percent; or b. As an alternative or offset to the monetary contribution of LDC section 4.02.16 C.12., physical improvements within the project and land or easement dedications may be made to the County or the CRA provided the improvement and/or land or easement is identified as a need in the adopted CRA Redevelopment Plan, Public Art Pilot Plan, CRA Capital Improvement Plan or County Capital Improvement Plans, and in accordance with the following: DRAFT 12/17/21 Page 38 of 62 Words struck through are deleted, words underlined are added. i. The applicant’s physical contribution and/or dedication of land or easement will be approved by the CRA advisory board or CRA staff and stated in a condition of approval as part of the public hearing process required for projects seeking units from the Density Bonus Pool, as a condition of approval of the SDP or plat or in a developer’s agreement. ii. The value of the land or easement dedication shall be the fair market value determined by a real estate appraisal approved by the County Manager or designee. The cost of physical improvement shall be determined according to an engineer’s Opinion of Probable Cost, or where no engineer’s Opinion of Probable Cost is available the architect’s estimate of value, which must be approved by the County Manager or designee, and iii. If the value of the land or easement conveyance and the cost of the physical improvement is less than the required monetary contribution in LDC section 4.02.16 C.12.a., then the applicant will pay the difference as a monetary contribution to CRA for the CRA’s Public Art Fund or Capital Project Fund, or County Capital Project fund for projects within the BGTCRA boundary. c. Prior to the issuance of the first certificate of occupancy for the project, the applicant shall provide evidence that the required monetary contribution has been deposited within the appropriate CRA fund, the land or public easement conveyance has been accepted by the County or CRA and recorded in the Public Records of Collier County, and/or the public realm improvement has been installed or constructed as required by developer’s agreement or condition of development order approval. 16. Expiration. All Density Bonus Pool allocations shall expire five years from the date of approval if building permits for the allocated units have not be issued. Upon expiration, the units shall revert to the Density Bonus Pool. D. Building Types and Architectural Standards. 1. Purpose and Intent. The purpose of this section is to supplement the provisions of LDC section 5.05.08 by identifying and providing design standards for the building types allowed within the Bayshore Gateway Triangle Redevelopment Area BGTCRA. The standards are intended to attach the same importance to the overall building design as is placed on the use contained therein, and to ensure that proposed development is consistent with the CRA's goals for building form, character and quality. Buildings within the BMUDBZO and GTMUDGTZO are expected to be added as long-term additions to the architectural vibrancy of the community. 2. Applicability. Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions. The uses permitted within the building are determined by the underlying zoning district or overlay subdistrict in which it is DRAFT 12/17/21 Page 39 of 62 Words struck through are deleted, words underlined are added. located. All buildings shall meet the design requirements set forth in LDC section 5.05.08 unless otherwise specified in this section. 3. General Architectural Standards. * * * * * * * * * * * * * c. Compatibility: Proposed buildings should be compatible with relate to adjacent buildings in similarity of scale, height, architectural style, and/or configuration. Exceptions to this provision include civic and institutional buildings such as churches and schools. * * * * * * * * * * * * * f. Deviations from exterior building color. Applicants within the Bayshore Gateway Triangle Community Redevelopment District BGTCRA boundaries may request a deviation from the exterior building color requirements of LDC section 5.05.08 D. A deviation request shall be subject to the procedures established in LDC section 5.05.08 G. and shall be subject to the following criteria: i. The deviation request is consistent with LDC section 5.06.00, regarding sign regulations and standards. ii. The deviation request consists of no more than 3 colors. iii. The deviation request may not be for a color which is below lightness level 3 on the Collier County Architectural Color Charts. BGTCRA Redevelopment Area Figure 1 Facade Treatments (For illustrative purposes only) DRAFT 12/17/21 Page 40 of 62 Words struck through are deleted, words underlined are added. 4. Building Type: HOUSE. a. Description: The predominant building type in the Bayshore Gateway Triangle Redevelopment Area BGTCRA and is intended for use as a single-family detached dwelling located on its own lot, although it may also accommodate duplexes, small multi-family dwellings, home occupations, and professional offices. BGTCRA Redevelopment Area Figure 2 Building Type: House (For illustrative purposes only) b. Yards: The typical House has four yards: front, sides, and rear. Corner lots shall have two front yards and two side yards, with the front yards along each street frontage. DRAFT 12/17/21 Page 41 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 3 House Yard Diagram (For illustrative purposes only) c. Façade Elevation Requirements: i. A maximum of two feet of fill shall be allowed on site towards meeting National Flood Insurance Program (NFIP) requirements. Additional NFIP finished habitable floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal structure. ii. Open stilt-type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid façade or lattice, which is consistent with the architectural style of the building and the floodplain protection standards of section 3.02.00. iii. Parking is permitted under the principal structure. The garage floor shall not exceed 24 inches above the elevation of the crown of road from which it is accessed. iv. All Houses are required to include architectural features. Based on the point system below, a total of six points is required: a) The following items will be calculated at two points each: 1) Metal, tile or slate roof (5v Crimp, standing seam or similar design; no corrugated metal; cannot be on a flat roof to receive points) 2) Impact windows and doors throughout the house with exterior window trim (minimum of 3 ½” wide) 3) Rear-load, side-loaded garage, or recessed garage (see garage standards below in LDC Section 4.02.16 D.4 e. Garages, Carports, and Driveways) b) The following items will be calculated as one point each: 1) Front porch (see front porch requirements below in LDC Section 4.02.16 D.4.d Front Porches) 2) Awnings 3) Decorative shutters 4) Dormers 5) Balconies or loggias along the front façade 6) Decorative cornices or roof line DRAFT 12/17/21 Page 42 of 62 Words struck through are deleted, words underlined are added. 7) Bay, box, and bow windows with independent roofs over windows on the front of house 8) Minimum of 12 inch overhang with finished soffit and facia 9) Pitched roof (minimum 4/12 pitch) 10) Decorative railings on balconies and front porch 11) Decorative exterior wainscoting such as stone, board and batten, and horizontal siding 12) Exterior window trim (minimum of 3 ½ inch wide) 13) 42-inch decorative front yard fence consistent with the architectural style of the principal structure (e.g., white picket fence with cottage style) 14) Garage door with windows glazing and/or architectural details that mirror the principal structure 15) Front door made from high quality material framed with decorative exterior trim (minimum of 3-½ inch) with incorporated detail such as raised panel profiles and clear glass windows 16) Two story home 17) 6-foot wide sidewalk installed within the right of way 18) Gables 19) Decorative columns, pillars or posts 20) Eaves 21) Transoms 22) Decorative trellis above garage door, entry door, or window 23) Brick or cut stone (natural or cultured) accents or exterior walls 24) Elevated foundation with front porch steps 25) Brackets (e.g. wood appearing step beam, or heavy timber knee brackets) 26) Balconies or loggias 27) Cast stone lintels d. Front Porches: i. Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with LDC section 4.02.16 A.7.e.i. DRAFT 12/17/21 Page 43 of 62 Words struck through are deleted, words underlined are added. ii. Front porches must cover a minimum of 40 percent of the horizontal length of the front yard façade of the primary residence and be at least 5 feet deep. BGTCRA Redevelopment Area Figure 4 House Porch Diagram (For illustrative purposes only) * * * * * * * * * * * * * e. Garages, Carports, and Driveways: i. Garage doors, along the frontage, shall have a maximum width of 16 feet or 45 percent of the total linear frontage of the front façade of the home, whichever is greater. ii. Garage space may project beyond the front plane of the forward most or street side living space façade only if a front porch is at minimum, flush with the forward most plane of the garage. iiiii. The driveway shall have a maximum width of 18 feet in the right- of-way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. iiiiv. Freestanding carports are prohibited. Carports and porte-cochere must be attached to the principal structure and be of similar materials and design as the principal structure. Detached garages must meet the side and rear setback requirements for an accessory structure. Carports and detached garages shall be no closer than 23 feet from the front yard setback line. iv. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23 foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. DRAFT 12/17/21 Page 44 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 5 Garages, Carports, and Driveways Diagram (For illustrative purposes only) f. Massing and Scale: Housing shall be compatible with the surrounding neighborhood with respect to mass and scale and avoid a single, large, dominant building mass by adhering to the following standards: i. Houses shall include façade variations so that the maximum length, or uninterrupted curve, of any façade does not exceed 30 linear feet. This shall include both fronts of a corner lot. ii. Façade variations shall be provided through projections and recesses with a minimum depth of two feet. iii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof, on the front facade, shall be 30 linear feet. g. Materials: i. House exteriors shall consist of wood clapboard, stucco finish, cement fiber board products, vinyl siding, brick or stone. Corrugated metal siding may be used as an accent, not to exceed 25 percent of the building’s surface area. ii. Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design; no corrugated metal), slate, copper, asphalt, or wood shingles. 5. Building Type: ROWHOUSE. a. Description: A building with two or more residential units that are attached by a common wall. A rowhouse is typically a fee simple unit from ground DRAFT 12/17/21 Page 45 of 62 Words struck through are deleted, words underlined are added. to roof with no units above or below. A rowhouse may be used as a live- work unit. BGTCRA Redevelopment Area Figure 6 Building Type: Rowhouse (For illustrative purposes only) b. Yards: The rowhouse building typically has one primary yard located to the rear of the structure with the potential for a small landscaped front yard. A side yard is required for end units. Corner lots shall have a front yard on each street frontage. BGTCRA Redevelopment Area Figure 7 Rowhouse Yard Diagram (For illustrative purposes only) c. Front Porches and Stoops: i. Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with LDC section 4.02.16 A.7.e.i. DRAFT 12/17/21 Page 46 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 8 Rowhouse Porch Diagram (For illustrative purposes only) d. Façade Elevation Details: i. All building facades elevations visible from the street shall provide doors, porches, balconies, terraces and/or windows along a minimum of 60 percent of the front façade elevation and 30 percent of the side façade elevation for each building story. "Percent of façade elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and/or windows in relation to the total horizontal plane of the building façade elevation. BGTCRA Redevelopment Area Figure 9 Building Façade Elevation Diagram (For illustrative purposes only) * * * * * * * * * * * * * e. Garages and Driveways: * * * * * * * * * * * * * DRAFT 12/17/21 Page 47 of 62 Words struck through are deleted, words underlined are added. ii. Garage provided along the front façade of the building shall meet the following design standards: * * * * * * * * * * * * * b) Garage doors shall not exceed more than 30 percent of the front façade elevation. 6. Building Type: APARTMENT. a. Description: A multiple-unit building with units arranged vertically and/or horizontally and with parking located below or behind the building. Units may be for rental or for sale in condominium ownership or may be designed as continuing care facilities or lodging (hotel). BGTCRA Redevelopment Area Figure 10 Building Type: Apartment (For illustrative purposes only) b. Yards: The apartment building typically has a primary yard located to the rear of the structure with secondary side yards and the potential for a small landscaped front yard. Corner lots shall have a front yard along each street frontage. Buildings located internal to a site may be arranged in a courtyard setting provided the site has at least 1 building oriented toward the street. DRAFT 12/17/21 Page 48 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 11 Apartment Building Yard Diagram (For illustrative purposes only) c. Façade Elevation Details: i. All apartment building facades elevations visible from the street shall provide doors, porches, balconies, terraces and/or windows along a minimum of 60 percent of the front façade elevation and 30 percent of the side façade elevation for each building story. "Percent of façade elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and/or windows in relation to the total horizontal plane of the building facade elevation. * * * * * * * * * * * * * d. Massing and Scale: Apartment buildings shall be compatible with the surrounding neighborhood with respect to relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. i. Buildings over 10,000 square feet in gross building area shall include façade variations so that the maximum length, or uninterrupted curve, of any façade does not exceed 60 linear feet. Façade variations shall be provided through projections and recesses with a minimum depth of 5 feet and may include porches, balconies, bay windows and/or covered entries. DRAFT 12/17/21 Page 49 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 12 Massing and Scale Diagram (For illustrative purposes only) 7. Building Type: MIXED-USE. a. Description: A building which can accommodate a variety of uses, typically with the ground floor dedicated to non-residential uses and upper story floor(s) dedicated to office and/or residential uses. BGTCRA Redevelopment Area Figure 13 Building Type: Mixed-Use (For illustrative purposes only) b. Yards: The mixed-use building typically has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. DRAFT 12/17/21 Page 50 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 14 Mixed-Use Building Yard Diagram (For illustrative purposes only) * * * * * * * * * * * * * d. Street Façades: The first floor of all mixed-use buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: i. The first floor building façade elevation shall be located between the minimum and maximum front setback line (if provided) for a minimum of 60 percent of lot width. BGTCRA Redevelopment Area Figure 15 Mixed-Use Building Facade Diagram (For illustrative purposes only) * * * * * * * * * * * * * e. Windows: Windows along the first floor building façade elevation shall meet the following standards: * * * * * * * * * * * * * g. Façade Elevation Details: DRAFT 12/17/21 Page 51 of 62 Words struck through are deleted, words underlined are added. * * * * * * * * * * * * * h. Massing and Scale: Mixed-use buildings shall be compatible with the adjacent built environment with respect to relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. * * * * * * * * * * * * * 8. Building Type: COMMERCIAL a. Description: A single or multi-story building which accommodates non- residential and automobile oriented uses, such as retail and office uses. This building type provides convenient vehicle access from the fronting roadway while minimizing the negative impacts of parking lots on an active pedestrian realm. BGTCRA Redevelopment Area Figure 16 Building Type: Commercial (For illustrative purposes only) b. Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. DRAFT 12/17/21 Page 52 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 17 Commercial Building Yard Diagram (For illustrative purposes only) c. Street Façades: The first floor of all commercial buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: i. The first floor building façade elevation shall be located between the minimum and maximum front setback line (if provided) as provided in LDC section 4.02.16 A.1.a.ii. for a minimum of 50 percent of lot width. ii. Glazing, consisting of transparent windows and doors, covering a minimum of 30 percent of the length of first floor building façade elevation along the primary street frontage. Building elevations along secondary street frontages shall provide 25 percent glazing. * * * * * * * * * * * * * d. Windows: Windows along the first floor building façade elevation shall meet the following standards: * * * * * * * * * * * * * f. Façade Elevation Details: * * * * * * * * * * * * * g. Massing and Scale: Commercial buildings shall be compatible with the adjacent built environment with respect to relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. * * * * * * * * * * * * * DRAFT 12/17/21 Page 53 of 62 Words struck through are deleted, words underlined are added. 10. Building Type: MOBILE HOME. All mobile homes are required to have the entry façade oriented toward the front of the lot. E. Landscaping and Buffer Requirements 1. Applicability: Landscaping and buffering in the BMUDBZO and GTMUDGTZO shall be provided in accordance with LDC section 4.06.00, unless as specified in this section. 2. Buffer Requirements: Buffers shall be provided to give spatial separation and visual screening between incompatible uses. a. Perimeter Buffers: The following buffer standards shall be required for MUPs, PUDs, commercial developments and other non-residential developments in the BMUDBZO-NC, BMUDBZO-W and GTMUDGTZO- MXD subdistricts. i. Buffers adjacent to residential uses and residentially zoned properties shall be consistent with one of the following: a) Ten foot wide buffer including a 6 foot high opaque masonry wall and a row of trees spaced no more than 30 feet on center; or b) Fifteen foot wide buffer including trees spaced no more than 25 feet on center and a hedge consisting of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at the time of planting. ii. Buffers adjacent to non-residential uses shall include a shared 10 foot wide buffer. Each property must contribute a minimum of 5 feet to the buffer. This buffer area may be provided in the form of landscaped area with plantings consistent with the Type A buffer requirements and/or hardscaped courtyards, mini-plazas, outdoor eating areas, and building foundation planting areas. This buffer requirement is not required in the side yard between non- residential uses that share a common wall or between shared parking facilities. DRAFT 12/17/21 Page 54 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 18 Shared Buffer Diagram (For illustrative purposes only) iii. Road Right-of-Way Buffers: Road right-of-way buffers for multi- family (excluding house and rowhouse building types) and non- residential developments are encouraged to coordinate with and complement the Bayshore Gateway Triangle Streetscape Guidelines. a) Developments within an Activity Center must provide a 20 foot Type D buffer adjacent to US 41, Tamiami Trail, meeting the design standards of LDC section 4.06.02 C.4. b) All other developments shall provide a buffer consisting of one of the following: 1) Minimum 10 foot wide Type D buffer meeting the design standards of LDC section 4.06.02 C.4. 2) A hardscaped area extending from the back of the street planting zone to the primary front façade. The hardscaped area shall perform as an expanded public realm and may include benches, outdoor eating areas, plazas, fountains, and art pieces. 3) A streetwall consistent with standards of LDC section 4.02.16 E.3.c.ii where a parking lot for non- residential uses abuts the right-of-way of Bayshore Drive, Van Buren Avenue, Thomasson Drive in the BZO and US 41, Davis Boulevard, and Commercial Drive in the mini-triangle portion of the GTZO. DRAFT 12/17/21 Page 55 of 62 Words struck through are deleted, words underlined are added. BGTCRA Redevelopment Area Figure 19 Road Right-of-Way Buffer Diagram (For illustrative purposes only) 3. Parking Lot Landscaping: a. A maximum of 30 percent of the landscape islands may have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. b. Minimum tree size shall be 1-¾" caliper and a minimum of 10 feet in height. c. Parking lot perimeter: i. Parking lots shall include perimeter planting areas that are a minimum of 5 feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year-round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree/palm per 25 feet of linear frontage. ii. Streetwalls shall be used when surface parking lots for non- residential uses abut the right-of-way of Bayshore Drive, Van Buren Avenue, Thomasson Drive in the BMUDBZO and US 41, Davis Boulevard, and Commercial Drive in the mini-triangle portion of the GTMUDGTZO. a) The wall shall complement the materials and colors of the primary buildings and be 3 to 4 feet in height and shall have a 12 inch projection or recess a minimum of every 15 feet. b) The streetwall shall be set back the same distance as the primary building façade; however, the streetwall shall meet County standards for site distance triangles per LDC section 4.06.01 D.1. c) The street side of the streetwall shall have trees at 30 feet on center planted within tree wells or a minimum 5 foot wide strip with ground covers other than grass. DRAFT 12/17/21 Page 56 of 62 Words struck through are deleted, words underlined are added. d) The streetwall structure shall be protected through the use of a root barrier system as identified by LDC section Figure 4.06.05.H.A. e) No streetwall is required if all of the parking is located in rear of the development. 4. Building Foundation Planting: Building foundation plantings shall be required per LDC section 4.06.05 of the LDC, except as follows. The building shall provide the equivalent of 10 percent of its gross ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per LDC section 4.06.05 of the LDC. However, the foundation plantings shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. 5. Water Management Area: The water management area may be located within any required buffer area provided all buffer plantings can be accommodated. 6. Plant Materials: Landscaping in the BMUDBZO and GTMUDGTZO shall utilize tree and shrub plants that are identified in the Collier County Native Plant List in order to minimize maintenance and water demands after establishment. Ornamental plantings should be drought-tolerant in nature, consistent with Florida Yards & Neighborhoods Program, and cross-referenced with the latest Florida Exotic Pest Plant Council (FLEPPC) listing of invasive species (Categories I and II). F. Parking Standards. The purpose of the parking standards for the BMUDBZO and GTMUDGTZO is to regulate the location, siting, and design of on-street and off-street parking in a manner that provides convenient access to adjoining uses, reduces increased surface level heat and glare, and enhances pedestrian, bicyclist and motorist safety and visibility within the built environment. Parking in the BMUDBZO and GTMUDGTZO shall be as provided for in LDC section 4.05.00, except as specified in this section. 1. Parking Space Requirements: Parking spaces shall be provided in accordance with the following table. For uses not specifically listed, the most similar category shall be used to calculate the minimum parking requirements. Net Floor Area is defined as total floor area excluding mechanicals and core space. Table 1. Parking Space Requirements in the BMUDBZO and GTMUDGTZO Use Type Minimum Parking Spaces Single-Family Residential 2.0/dwelling unit Multi-family Residential 1-bedroom 1.0/dwelling unit 2-bedroom 1.5/dwelling unit 3 or more bedrooms 2.0/dwelling unit Lodging 1.0/room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly/Museum/Gallery 1/500 sq. ft. of net floor area open to the public Institutional 1/300 sq. ft. of net floor area General Office 1/350 sq. ft. of net floor area DRAFT 12/17/21 Page 57 of 62 Words struck through are deleted, words underlined are added. Retail 1/300 sq. ft. of net floor area Restaurant1 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial/Manufacturing 1/500 sq. ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area Marinas and Boatyards 1/5 dry boat storage spaces Outdoor display and outdoor sales of boats, vehicles, construction materials, and equipment 1/1,000 sq. ft. for outdoor display and sales area Note: 1 Outdoor café seating shall be exempt from parking calculations. 2. Adjustments to Parking Space Requirements: Developments which meet any of the following standards may be exempted from the minimum parking requirements of this section. a. Public parking facilities. The CRA can make parking on CRA owned property available to meet the minimum parking requirements for new construction or redevelopment projects. An applicant must provide documentation stating the parking allocation has been approved by the CRA as part of the MUP, site development or site improvement plan process. The public parking facility must be located within one-half mile of the development. Once spaces are allocated to a specific property through the approval of the MUP, SDP or SIP, the applicant has one year to begin utilizing the parking. If the spaces are not used within one year, and an extension is not granted by the CRA, the spaces will be made available for reallocation and all development orders shall be revised accordingly. * * * * * * * * * * * * * f. Connectivity. Parking lots are encouraged to connect to adjacent lots through the use of a joint access easement. If a joint access easement is provided for connectivity, then the minimum parking requirement for the use may be reduced by 10 percent. BMUDBZO and GTMUDGTZO Area Figure 20 Parking Diagram (For illustrative purposes only) DRAFT 12/17/21 Page 58 of 62 Words struck through are deleted, words underlined are added. 3. On-Street Parking. a. On-street parking may be allowed on local streets subject to an approved right-of-way permit to construct parking spaces in the public right-of-way. If swale enclosure is proposed, the design must comply with criteria established in a stormwater plan approved by the South Florida Water Management District for the geographic area of the project. b. Any improvements within the right-of-way are subject to removal from the right-of-way, or reset or relocation thereon as required and so notified by the County, and at the expense of the owner, his successor, or assignees. bc. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every 5 on-street parking spaces provided, a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. cd. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 on-street parking spaces provided, a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off-Street Parking Location: Off-street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Off-street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUDBZO and US 41, Davis Boulevard and Commercial Drive in the mini-triangle area of the GTMUDGTZO shall not exceed 50 percent of that building's parking requirements and shall be limited to a single-aisle double loaded parking lot. Parking lots abutting Bayshore Drive may have perimeter walls functioning as pedestrian seating or public art walls. * * * * * * * * * * * * * H. Murals. Murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment Area BGTCRA subject to the following conditions: * * * * * * * * * * * * * DRAFT 12/17/21 Page 59 of 62 Words struck through are deleted, words underlined are added. SUBSECTION 3.F. AMENDMENTS TO SECTION 10.02.15 REQUIREMENTS FOR MIXED USE PROJECTS WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Section 10.02.15, Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Community Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Community Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUDBZO-NC), Waterfront (BMUDBZO-W), and Mixed Use (GTMUDGTZO-MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre- application meeting is required for all MUP applications. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP complies with all site development standards as outlined in LDC section 4.02.16 of the LDC; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and iii. The MUP does not seek additional density through the Bonus Density Bonus Pool Allocation provisions of LDC section 10.02.15 C. * * * * * * * * * * * * * 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the Board of Zoning Appeals (BZA) through a public hearing process. * * * * * * * * * * * * * d. After a Mixed Use Project has been approved by the BZA, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BZA and meeting the requirements of LDC section 10.02.03 B.1. of the LDC. The SDP may be submitted concurrent with the MUP application at the applicant's risk. DRAFT 12/17/21 Page 60 of 62 Words struck through are deleted, words underlined are added. e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density bonus pool allocation if any of the following occur: * * * * * * * * * * * * * ii. The SDP under review is deemed withdrawn and cancelled, pursuant to LDC section 10.02.03 B.4.a.10.02.03 H.1. iii. The SDP is considered no longer valid, pursuant to LDC section10.02.03 B.4.b. and c. 10.02.03 H.2. and LDC section 10.02.03 H.3. * * * * * * * * * * * * * B. MUP Deviations. * * * * * * * * * * * * * 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following LDC provisions: * * * * * * * * * * * * * d. Parking Standards. These deviation requests shall be subject to the process and procedures of LDC section 4.05.04 F.42. * * * * * * * * * * * * * C. Bonus Density Bonus Pool Allocation. Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment OverlayBGTCRA. The County Manager or designee will track the Bonus Density Bonus Pool Allocation balance as the units are used. These bonus density units may be allocated between the BMUDBZO and GTMUDGTZO overlays, and shall only be allocated through a public hearing approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. 1. The project shall be within the Neighborhood Commercial (BMUDBZO-NC), Waterfront (BMUCBZO-W), or Commercial Mixed Use (GTMUDGTZO-MXD) Subdistricts, and shall be a mixed use project. * * * * * * * * * * * * * 5. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. DRAFT 12/17/21 Page 61 of 62 Words struck through are deleted, words underlined are added. 6. Expiration. All Density Bonus Pool units shall expire five years from the date of approval if building permits for the allocated units have not be issued. Upon expiration, the units shall revert to the Density Bonus Pool. SUBSECTION 3.G. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Sectin 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.06 – Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. * * * * * * * * * * * * * N. Ordinance or resolution for an mixed use project (MUP) located in the mixed use subdistrict of the BZO or GTZO overlay which seeks to utilize the Bonus Density Bonus Pool Allocation or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: * * * * * * * * * * * * * R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant to LDC section 4.02.16 C.10. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. b. Mailed Notice prior to the advertised public hearing. * * * * * * * * * * * * * DRAFT 12/17/21 Page 62 of 62 Words struck through are deleted, words underlined are added. SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ________________________, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ (__/__/22) 21-LDS-00150/8 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210001222 SUMMARY OF AMENDMENT This land development code (LDC) amendment updates multiple LDC sections by updating the uses and standards for properties located within the Bayshore Gateway Triangle Redevelopment Area (BGTRA). It also amends Chapter 110-30 of the Code of Laws and Ordinances. ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED BCC 01/25/2021 1.08.01 1.08.02 2.03.07 2.05.01 4.02.16 4.02.17- 4.02.21 4.02.35, 4.02.36 10.02.15 10.03.06 Abbreviations Definitions Overlay Zoning Districts Density Standards and Housing Types Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area Reserved. Reserved. Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area Public Notice and Required Hearings for Land Use Petitions CCPC 11/18/2021 DSAC 08/04/2021 DSAC-LDR 06/15/2021 CODE OF ORDINANCES SECTION TO BE AMENDED 110-30 Enclosure of swales. ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with recommendations DSAC Approval CCPC Approval with recommendations BACKGROUND: The Collier County Community Redevelopment Agency (CRA) was established on March 14, 2000, to focus on the rehabilitation, conservation, or redevelopment of two different geographic areas in the County, one of which being the Bayshore/Gateway Triangle Redevelopment Area described in Resolution 2000- 83. The Board adopted the Collier County Community Redevelopment Plan (Redevelopm ent Plan) on June 13, 2000. Later that year, the Board adopted two ordinances, described as follows: Ordinance 2000-87 This was an amendment that established the Bayshore/Gateway Triangle Overlay (B/GTRO) in the GMP. A maximum of 388 dwelling units was approved for the B/GTRO for density bonuses purposes. These dwelling units were derived from the then-anticipated rezoning of the botanical gardens property, which subsequently occurred in 2003, pursuant to Ordinance 2003-29. Ordinance 2000-92 This was an amendment to the LDC that established the Bayshore Drive Mixed Use Overlay District (BMUD). In 2006, the LDC was amended to include the bonus density pool allocation provisions, pursuant to Ordinance 2006- 08. These 388 bonus density units were to be used in the BMUD and the newly created Gateway Triangle Mixed Use Overlay District (GTMUD), through the mixed use project (MUP) approval process. A major amendment to the Redevelopment Plan was made on April 23, 2019, pursuant to Resolution 2019 -75, 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx reflecting the current conditions of the Bayshore Gateway Triangle area (Exhibit A) and updating the vision and approach to redevelopment in that area. The purpose of this LDC amendment is to update the provisions in the BMUD and GTMUD. The Bayshore Mixed Use Overlay District (BMUD) will be renamed to the Bayshore Overlay District (BO) and the Gateway Triangle Mixed Use District (GTMUD) will be renamed to the Gateway Triangle Overlay District (GTO). Other updates include but are not limited to the following: placing restrictions on prohibited uses; allowing accessory structures in the front yard (under certain circumstances); and prioritizing alleys as the primary access for loading/service functions. New standards are created to address the following: vehicular and pedestrian connections in mixed use projects; outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles; commercial and fleet vehicle parking; overhead bay doors; required architectural features for single-family dwellings; garage doors; massing and scale; mobile homes; off- street parking standards for marinas/boatyards and the outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles; and right-of-way (swale) improvements. DSAC-LDR Subcommittee Recommendation: The DSAC-LDR Subcommittee recommended approval with the following changes, which have been incorporated into the amendment: • In LDC section 4.02.16 C.7.d., delete the underline and stricken words “Architectural standards of this BOZD apply,” as shown on page 27, line 40. • In LDC sections 4.02.16 C.7.g. and 4.02.16 C.11.f., provide an “unless clause” to encourage alleys to be designated as the primary access unless there are physical constraints that preclude the use of the alley. • In LDC section 4.02.16 C.11.f., correct the paragraph heading by removing the duplicate “f.,” as shown on page 31., and insert the updated language from LDC section 4.02.16 C.7.g. into this section and wherever else applicable. The DSAC-LDR Subcommittee did not object to any of staff’s edits that were presented at the meeting. DSAC Recommendation: The DSAC recommended approval with no changes. However, since their meeting, staff has made several edits to this document by incorporating duplicate and/or relevant language from a separate LDC amendment (i.e., LDCA-PL20210002450), including a new subsection for the BGTCRA boundary map. In addition, several scrivener’s errors proposed in LDCA-PL20210002604 were also incorporated into this document. The DSAC recommended approval of both LDC amendments on November 3, 2021. CCPC Recommendation: The CCPC reviewed the amendment on November 18, 2021 and unanimously recommended approval with the following conditions: • Staff shall make a presentation to the BCC regarding the safety of the swale enclosures, demonstrating that sufficient safety points are in place to protect small children and animals. • Change the name of BMUD to BZO and the name of GTMUD to GTZO. • With respect to the massing and scale standards in the BGTCRA, the provisions should be reworded to indicate “Massing and scale: Houses shall in mass and scale be compatible with the surrounding area” and replicate a form of this language in all relevant sections of the BGTCRA. FISCAL & OPERATIONAL IMPACTS No fiscal impacts are anticipated. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the Future Land Use Element, B/GTRO, of the GMP. This determinatinon is based on an expectation that the companion GMPA (PL20210000603) will be adopted by the Board. EXHIBITS: None DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx Amend the LDC as follows: 1 1.08.01 – Abbreviations 2 3 * * * * * * * * * * * * * 4 5 BFE Base Flood Elevation BGTCRA Bayshore Gateway Triangle Community Redevelopment Area BZOBMUD Bayshore Zoning Overlay Mixed Use District BP Business Park Zoning District 6 * * * * * * * * * * * * * 7 GT Gopher Tortoise GTZOGTMUD Gateway Triangle Zoning Overlay Mixed Use District GIS Geographic information system 8 # # # # # # # # # # # # # 9 10 1.08.02 – Definitions 11 12 Mixed use project approval process: A process by which a land owner may petition for 13 approval of a mixed use project — a mix of commercial and residential uses, as provided for in 14 certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed 15 Use Overlay District or the Gateway Triangle Mixed Use Overlay District, such a petition may 16 include a request for increased density by use of bonus density bonus pool units. 17 18 2.03.07 – Overlay Zoning Districts 19 20 * * * * * * * * * * * * * 21 22 I. Bayshore Mixed Use Zoning Overlay District (BMUDBZO). This section provides special 23 conditions for the properties adjacent to Bayshore Drive as identified by the designation " 24 BMUDBZO " on the applicable official Collier County Zoning Atlas Map or map series. 25 26 1. Purpose and Intent. The purpose and intent of this District is to encourage 27 revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle 28 Community Redevelopment Area (BGTCRA) with pedestrian-oriented, 29 interconnected projects. The Overlay encourages uses that support pedestrian 30 activity, including a mix of residential, civic and commercial uses that complement 31 each other and provide for an increased presence and integration of the cultural 32 arts and related support uses. When possible buildings, both commercial and 33 residential, are located near the street, and may have front porches and/or 34 balconies. 35 36 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 2. Applicability. 1 2 a. These regulations shall apply to the Bayshore Mixed Use Overlay District 3 as identified by the designation "BMUDBZO" on the applicable official 4 Collier County Zoning Atlas Maps. 5 6 b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, 7 and properties with Provisional Uses (PU) approved prior to March 3, 2006, 8 including amendments or boundary changes to these PUDs and 9 Provisional Use properties, are not subject to the Bayshore Overlay 10 DistrictBZO requirements. 11 12 c. The boundary of the BZO is delineated on the map below. 13 14 15 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 3. Relationship to the Underlying Zoning Classification and the GMP Collier County 2 Growth Management Plan. 3 4 a. The purpose of the BMUDBZO is to fulfill the goals, objectives and policies 5 of the Collier County Growth Management Plan (GMP), as may be 6 amended. Specifically, the BMUDBZO implements the provisions of 7 section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the 8 Future Land Use ElementFLUE. Portions of the Bayshore Overlay 9 DistrictBZO coincide with Mixed Use Activity Center #16 designated in the 10 Future Land Use Element (FLUE) of the Collier County GMP. Development 11 in the activity center is governed by requirements of the underlying zoning 12 district and the mixed use activity center subdistrict requirements in the 13 FLUE, except for site development standards as stated in LDC section 14 4.02.16 of the LDC. 15 16 b. Property owners within the BZOBMUD may establish uses, densities, and 17 intensities in accordance with the LDC regulations of the underlying zoning 18 classification, except as restricted in LDC section 2.03.07 I.4.b.iv., or in 19 accordance with or may elect to develop/redevelop under the provisions of 20 the applicable BZOBMUD Subdistrict. In either instance, however, the 21 BMUDBZO site development standards as provided for in LDC section 22 4.02.16 shall apply. 23 24 4. Bayshore Zoning Overlay District (BZO) Mixed Use District (BMUD) Subdistricts. 25 26 a. The BMUDBZO consists of the following subdistricts: 27 28 i. Neighborhood Commercial Subdistrict (BMUDBZO-NC). The 29 purpose and intent of this subdistrict is to encourage a mix of low 30 intensity commercial and residential uses, including mixed use 31 projects in a single building. This subdistrict provides for an 32 increased presence and integration of the cultural arts and related 33 support uses, including galleries, artists' studios, and live-work 34 units. Developments will be human-scale and pedestrian-oriented. 35 36 ii. Waterfront Subdistrict (BMUDBZO-W). The purpose of this 37 subdistrict is to encourage a mix of low intensity commercial and 38 residential uses and allow maximum use of the wate rfront for 39 entertainment while enhancing the area for use by the general 40 public. Development in this subdistrict is intended to allow a mix of 41 residential and commercial uses including limited marina and 42 boatyard uses. 43 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx iii. Residential Subdistrict 1 (BMUDBZO-R1). The purpose of this 1 subdistrict is to encourage the development of a variety of housing 2 types which are compatible with existing neighborhoods and allow 3 for building additions such as front porches. The intent in new 4 development is to encourage a traditional neighborhood design 5 pattern and create a row of residential units with uniform front yard 6 setbacks and access to the street. 7 8 iv. Residential Subdistrict 2 (BMUDBZO-R2). The purpose of this 9 subdistrict is to allow for a variety of housing types and encourage 10 the development of multi-family residences as transitional uses 11 between commercial and single-family development. The multi-12 family buildings shall be compatible with the building patterns of 13 traditional neighborhood design. 14 15 v. Residential Subdistrict 3 (BMUDBZO-R3). The purpose of this 16 subdistrict is to allow for a variety of housing types and encourage 17 the development of townhouses and single-family dwellings. All 18 new development in this subdistrict shall be compatible with the 19 building patterns of traditional neighborhood design. 20 21 vi. Residential Subdistrict 4 (BMUDBZO-R4). The purpose of this 22 subdistrict is to protect the character of existing neighborhoods 23 comprised of detached single-family dwelling units, while allowing 24 for building additions such as front porches. 25 26 b. Use Categories and Table of Uses. 27 28 i. All uses permitted in the BMUDBZO subdistricts have been divided 29 into 9 eight general categories, which are summarized below: 30 31 a) Residential: Premises available for long-term human 32 habitation by means of ownership and rental, but excluding 33 short-term leasing or rental of less than one month's 34 duration. 35 36 b) Lodging: Premises available for short-term human 37 habitation, including daily and weekly rental. 38 39 c) Office and Service: Premises available for the transaction of 40 general business and the provision of services, but 41 excluding retail sales and manufacturing, except as a 42 minority component. 43 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx d) Retail and Restaurant: Premises available for the 1 commercial sale of merchandise, prepared foods, and food 2 and drink consumption, but excluding manufacturing. 3 4 e) Entertainment and Recreation: Premises for the gathering 5 of people for purposes such as arts and culture, 6 amusement, and recreation. 7 8 f) Manufacturing, Wholesale and Storage: Premises available 9 for the creation, assemblage, storage, and repair of items 10 including their wholesale or retail sale. 11 12 g) Civic and Institutional: Premises available for organizations 13 dedicated to religion, education, government, social service, 14 and other similar functions. 15 16 h) Infrastructure: Uses and structures dedicated to 17 transportation, communication, information, and utilities, 18 including Essential Services. 19 20 ii. Interpretation of the Table of Uses. 21 22 a) The Table of Uses identifies uses as permitted uses (P); 23 accessory uses (A); conditional uses (CU), or a combination 24 of the three. Blank cells indicate that a use is not allowed in 25 the corresponding subdistrict; however, such use may be 26 permitted by the underlying zoning designation. 27 28 b) Any use not listed in the Table of Uses is prohibited unless 29 the County Manager or designee may determine that it falls 30 within the same class as a listed use through the process 31 outlined in LDC section 1.06.00, Rules of Interpretation. 32 33 c) Mixed Use Projects shall be limited to the permitted, 34 accessory and conditional uses allowed in the BMUDBZO-35 NC and BMUDBZO-W subdistricts, and subject to the MUP 36 approval process as outlined in Section LDC section 37 10.02.15. All other projects may elect to establish uses, 38 densities and intensities in accordance with their underlying 39 zoning, except as restricted in LDC section. 2.03.07 I.4.b.iv., 40 or in accordance with the Overlay Subdistrict. However, all 41 projects must comply with site development standards as 42 provided in LDC section 4.02.16. 43 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx iii. Table of Uses. 1 2 Table 1. Table of Uses for the Bayshore Mixed Use DistrictOverlay Zoning BZO Subdistricts 3 4 USE TYPE BMUDBZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE R1 R2 R3 R4 NC W a) RESIDENTIAL 1) Dwelling, Single-Family P P P P P 2) Dwelling, Duplex P P P 3) Dwelling, Two-Family P P P P P 4) Dwelling, Rowhouse P P P P P 5) Dwelling, Multi-Family (3 or more) P P P P P 6) Dwelling, Mobile Home P* *If allowed by underlying zoning 7) Home Occupations A A A A A A 5.02.03 8) Live-Work Units CU P P 4.02.16 C.6. 9) Artist Village CU CU CU P P 4.02.16 C.3. b) LODGING 1) Bed & Breakfast Facilities CU CU CU 4.02.16 C.4. 2) Hotels and Motels P P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services P 2) Business Support Services P P 3) Child Care Services CU CU CU CU CU 4) Community Service Organization P P 5) Drive Thru Service (banks) 6) Government Services P P 7) Family Care Facility/Nursing Home P P 8) Medical Services – Doctor Office P P 9) Medical Services - Outpatient/Urgent Care P 10) Personal Care Services P P 11) Post Office P P 12) Professional Office or Service P P 13) Rental Services - Equipment/Vehicles P P 2.03.07 I.4.b.iv. 14) Studio - Art, Dance, Martial Arts, Music P P 15) Studio - Motion Picture CU 16) Vehicle Services - Maintenance/Repair 17) Veterinarians Office P P 18) Video Rental P P 5 6 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx USE TYPE BZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED- USE d) RETAIL/ RESTAURANTS 1) Auto Parts Sales 2) Bars/Tavern/Night Club P P 3) Drive Thru Retail/Restaurant 4) Gas Station with Convenience Store P P 5.05.05 5) Neighborhood Retail - <2,000 sf P P 6) General Retail - <15,000 sf P P 7) General Retail - >15,000 sf CU CU 8) Restaurant P P 9) Shopping Center CU CU 10) Vehicle/Boat/Heavy Equipment Sales CU 4.02.16 C.7. 2.03.07 I.4.b.iv. 4.02.16 C.10. 11) Boat Sales CU 2.03.07 I.4.b.iv.a. 4.02.16 C.7. e) ENTERTAINMENT/RECREATION 1) Gallery / Museum P P 2) Meeting Facility P P 3) Cultural or Community Facility P P 4) Theater, Live Performance P P 5) Theater, Movie CU CU 6) Recreation Facility, Indoor P P 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P P 9) Amusements, Outdoor CU CU 10) Community Garden P P P P P P 4.02.16 C.5. f) MANUFACTURING/WHOLESALE/STORAGE 1) Laboratory - Medical, analytical, research P 2) Laundries and Dry Cleaning P 3) Media Production P 4) Metal Products Fabrication P 5) Mini-Warehouses 2.03.07 I.4.b.iv.c) 6) Repair Shops P P 2.03.07 I.4.b.iv. 7) Research and Development P P 8) Storage - Outdoor A 2.03.07 I.4.b.iv.a) 4.02.16 C.9101. 9) Storage - Warehouse g) CIVIC INSTITUTIONAL 1) College/University P P 2) Educational Plant P P P P P P 3) Hospital 4) Membership Organizations P P 5) Public Safety Facility CU CU 6) Religious Institution CU CU CU CU CU CU 7) Schools - Elementary and Secondary 8) Schools - Vocational and Technical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx USE TYPE BZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED- USE h) INFRASTRUCTURE 1) Automobile Parking Facilities CU 2) Boat Launch A 3) Essential Services P P P P P P 4) Marinas and Boatyards P P 4.02.16 C.7. 5) Transit Station 6) Wireless Telecommunication Facility 1 Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); 2 conditional uses (CU), or a combination of the three. 3 4 Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, 5 such use may be permitted by the underlying zoning designation. 6 7 Mixed Use Projects shall be limited to the permitted, accessory and conditional uses 8 allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval 9 process as outlined in section 10.02.15. All other projects may elect to establish uses, 10 densities and intensities in accordance with their underlying zoning or in accordance with 11 the Overlay Subdistrict. However, all projects must comply with site development 12 standards as provided in section 4.02.16. 13 14 iv. Prohibited uses. These uses are prohibited, except that those 15 existing as of [effective date of Ordinance] may continue to operate 16 as a permitted use until the use ceases for a period of one year. 17 18 a) Prohibited uses in C-2, C-3, C-4, and C-5 zoning districts. 19 For purposes of this section, outdoor display, sales, or 20 storage of manufactured products, raw or finished materials, 21 boats, or vehicles on a lot that is less than 30,000 square 22 feet is prohibited within the BZO or underlying zoning 23 districts if zoned C-2, C-3, C-4, or C-5. 24 25 b) Prohibited uses in the C-4 zoning district. For purposes of 26 this section, the following use is also prohibited within the 27 BO and underlying zoning district if zoned C-4: 28 29 1) Repair shops and services, not elsewhere classified 30 (7699) – Boiler repair shops except manufacturing, 31 Sewer cleaning and rodding, Tank and boiler 32 cleaning service, and Tank truck cleaning service. 33 34 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx c) Prohibited uses in the C-5 zoning district. For purposes of 1 this section the following list of uses shall be prohibited 2 within the BZO and underlying zoning district if zoned C-5: 3 4 1) Equipment rental and leasing (7359) – Industrial 5 truck and portable toilet. 6 7 2) Mobile home dealers (5271). 8 9 3) Motor freight transportation and warehousing (4225) 10 - Mini- and self-storage warehousing. 11 12 4) Recreational vehicle dealers (5561). 13 14 5) Repair shops and services, not elsewhere classified 15 (7699) – Boiler cleaning, Boiler repair shops, 16 Cesspool cleaning, Industrial truck repair, Septic 17 tank cleaning service, Sewer cleaning and rodding, 18 Tank and boiler cleaning service, and Tank truck 19 cleaning service. 20 21 6) Truck rental and leasing, without drivers (7513). 22 23 7) Utility trailer and recreational vehicle rental (7519). 24 25 * * * * * * * * * * * * * 26 27 N. Gateway Triangle Mixed Use Zoning Overlay District (GTMUDGTZO). This section 28 contains special conditions for the properties in and adjacent to the Gateway Triangle as 29 identified by the designation "GTMUDGTZO" on the applicable official Collier County 30 Zoning Atlas Map or map series. 31 32 1. Purpose and Intent. The purpose and intent of this District is to encourage 33 revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle 34 Community Redevelopment Area (BGTCRA) with human-scale, pedestrian-35 oriented, interconnected projects that are urban in nature and include a mix of 36 residential types and commercial uses. Development in this District should 37 encourage pedestrian activity through the construction of mixed-use buildings, an 38 interconnected street system, and connections to adjacent neighborhoods. When 39 possible, buildings are located near the street with on street parking and off street 40 parking on the side or in the rear of the parcel. 41 42 This District is intended to: revitalize the commercial and residential development; 43 promote traditional urban design; encourage on-street parking and shared parking 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx facilities; provide appropriate landscaping and buffering; and protect and enhance 1 the Shadowlawn residential neighborhood. 2 3 2. Applicability. 4 5 a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay 6 District as identified by the designation "GTMUDGTZO" on the applicable 7 official Collier County Zoning Atlas Maps. 8 9 b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, 10 and properties with Provisional Uses (PU) approved prior to March 3, 2006, 11 including amendments or boundary changes to these PUDs and 12 Provisional Use properties, are not subject to the Gateway Triangle Mixed 13 Use DistrictGTZO requirements. 14 15 c. The boundary of the GTZO is delineated on the map below. 16 17 18 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 3. Relationship to the Underlying Zoning Classification and Collier County Growth 2 Management Plan. 3 4 a. The purpose of the GTMUDGTZO is to fulfill the goals, objectives and 5 policies of the Collier County Growth Management Plan (GMP), as may be 6 amended. Specifically, the GTMUDGTZO implements the provisions of 7 section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the 8 Future Land Use Element. Portions of the Gateway Triangle Mixed Use 9 DistrictGTZO that coincide with Mixed Use Activity Center #16 as 10 designated in the FLUE of the Collier County GMP. Development 11 standards in the activity center is governed by requirements of the 12 underlying zoning district requirements and the mixed use activity center 13 subdistrict requirements in the FLUE, except for site development 14 standards as stated in LDC section 4.02.16 of the Collier County Land 15 Development Code (LDC). 16 17 b. Property owners may establish uses, densities and intensities in 18 accordance with the existing LDC regulations of the underlying zoning 19 classification, or may elect to develop/redevelop under the provisions of the 20 applicable GTMUDGTZO Subdistrict. In either instance, the GTMUDGTZO 21 site development standards as provided for in LDC section 4.02.16 shall 22 apply. 23 24 4. Gateway Triangle Mixed UseZoning Overlay District (GTMUDGTZO) Subdistricts. 25 26 a. The Gateway Triangle Zoning Overlay Mixed Use District consists of the 27 following subdistricts: 28 29 i. Mixed Use Subdistrict (GTMUDGTZO-MXD). The purpose and 30 intent of this subdistrict is to provide for pedestrian-oriented 31 commercial and mixed use developments and higher density 32 residential uses. Developments will reflect traditional neighborhood 33 design building patterns. Individual buildings are encouraged to be 34 multi-story with uses mixed vertically, with street level commercial 35 and upper level office and residential. Included in this District is the 36 "mini triangle" formed by US 41 on the South, Davis Boulevard on 37 the North and Commercial Drive on the East, which is intended to 38 serve as an entry statement for the Bayshore Gateway Triangle 39 CRA and a gateway to the City of Naples. 40 41 ii. Residential Subdistrict (GTMUDGTZO-R). The purpose of this 42 subdistrict is to encourage the continuation and revitalization of the 43 Shadowlawn neighborhood. The subdistrict provides for a variety of 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx compatible residential housing types and a limited mix of non -1 residential uses in a walkable context. 2 3 b. Use Categories and Table of Uses. 4 5 i. All uses permitted in the GTMUDGTZO subdistricts have been 6 divided into nineeight general categories, which are summarized 7 below: 8 9 a) Residential: Premises available for long-term human 10 habitation by means of ownership and rental, but excluding 11 short-term leasing or rental of less than one month's 12 duration. 13 14 b) Lodging: Premises available for short-term human 15 habitation, including daily and weekly rental. 16 17 c) Office and Service: Premises available for the transaction of 18 general business and the provision of services, but 19 excluding retail sales and manufacturing, except as a 20 minority component. 21 22 d) Retail and Restaurant: Premises available for the 23 commercial sale of merchandise, prepared foods, and food 24 and drink consumption, but excluding manufacturing. 25 26 e) Entertainment and Recreation: Premises for the gathering 27 of people for purposes such as arts and culture, 28 amusement, and recreation. 29 30 f) Manufacturing, Wholesale and Storage: Premises available 31 for the creation, assemblage, storage, and repair of items 32 including their wholesale or retail sale. 33 34 g) Civic and Institutional: Premises available for organizations 35 dedicated to religion, education, government, social service, 36 and other similar functions. 37 38 h) Infrastructure: Uses and structures dedicated to 39 transportation, communication, information, and utilities, 40 including Essential Services. 41 42 ii. Interpretation of the Table of Uses. 43 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx a) Any uses not listed in the Table of Uses are prohibited. In 1 the event that a particular use is not listed in the Table of 2 Uses, the County Manager or designee may determine that 3 it falls within the same class as a listed use through the 4 process outlined in LDC section 1.06.00, Rules of 5 Interpretation. 6 7 b) The Table of Uses identifies uses as permitted uses (P); 8 accessory uses (A); conditional uses (CU), or a combination 9 of the three. Blank cells indicate that a use is not allowed in 10 the corresponding subdistrict; however, such use may be 11 permitted by the underlying zoning designation. 12 13 c) Mixed Use Projects shall be limited to the permitted, 14 accessory and conditional uses allowed in the 15 GTMUDGTZO-MXD subdistrict, and subject to the MUP 16 approval process as outlined in LDC section 10.02.15. All 17 other projects may elect to establish uses, densities and 18 intensities in accordance with their underlying zoning or in 19 accordance with the Overlay Subdistrict. However, all 20 projects must comply with site development standards as 21 provided in LDC section 4.02.16. 22 23 iii. Table of Uses. 24 25 Table 2. Table of Uses for the Gateway Triangle Mixed Use Overlay Zoning District GTZO 26 Subdistricts 27 28 USE TYPE GTMUDGTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MXDMIXED USE a) RESIDENTIAL 1) Dwelling, Single-Family P P 2) Dwelling, Duplex P P 3) Dwelling, Two-Family P P 4) Dwelling, Rowhouse P P 5) Dwelling, Multi-Family (3 or more) P P 6) Dwelling, Mobile Home P* *If permitted by underlying zoning 7) Guesthouse A A 5.05.04 and 4.02.16 C.2. 8) Home Occupations A A 5.02.03 9) Live-Work Units CU P 4.02.16 C.6. 10) Artist Village CU P 4.02.16 C.3. 29 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 16 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx USE TYPE GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE b) LODGING 1) Bed & Breakfast Facilities CU CU 4.02.16 C.4. 2) Hotels and Motels P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services P 2) Business Support Services P 3) Child Care Services CU CU 4) Community Service Organization P 5) Government Services P 6) Family Care Facility/Nursing Home CU 7) Medical Services - Doctor Office P 8) Medical Services - Outpatient/Urgent Care P 9) Personal Care Services P 10) Post Office P 11) Professional Office or Service P 12) Rental Services - Equipment/Vehicles P 13) Studio - Art, Dance, Martial Arts, Music P 14) Studio - Motion Picture CU 15) Vehicle Services - Maintenance/Repair CU 16) Veterinarians Office P 17) Video Rental P d) RETAIL/ RESTAURANTS 1) Auto Parts Sales P 2) Bars/Tavern/Night Club P 3) Drive Thru Retail/Restaurant P 4) Gas Station with Convenience Store P 5.05.05 5) Neighborhood Retail - <2,000 sf P 6) General Retail - <15,000 sf P 7) General Retail - >15,000 sf P 8) Restaurant P 9) Shopping Center CU 10) Vehicle/Boat/Heavy Equipment Sales P 4.02.16 C.10. e) ENTERTAINMENT/RECREATION 1) Gallery / Museum P 2) Meeting Facility CU P 3) Cultural or Community Facility CU P 4) Theater, Live Performance P 5) Theater, Movie CU 6) Recreation Facility, Indoor P 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P 9) Amusements, Outdoor CU CU 10) Community Garden P P 4.02.16 C.5. 1 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 17 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx USE TYPE GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE f) MANUFACTURING/WHOLESALE/STORAGE 1) Boat Yards CU 4.02.16 C.7. 2) Laboratory - Medical, analytical, research P 3) Laundries and Dry-cleaning P 4) Media Production P 5) Metal Products Fabrication CU 6) Mini-Warehouses 7) Repair Shops P 8) Research and Development P 9) Storage – Outdoor CU 4.02.16 C.9101. 10) Storage - Warehouse P 11) Lawn and Garden Services in conjunction with a Nursery CU g) CIVIC/INSTITUTIONAL 1) College/University CU 2) Educational Plant P P 3) Hospital CU 4) Membership Organizations P 5) Public Safety Facility CU 6) Religious Institution CU CU 7) Schools - Elementary and Secondary P 8) Schools - Vocational and Technical CU h) INFRASTRUCTURE 1) Automobile Parking Facilities P 2) Boat Launch 3) Essential Services P P 4) Marinas P 5) Transit Station CU 6) Wireless Telecommunication Facility CU 1 Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); 2 conditional uses (CU), or a combination of the three. 3 4 Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, 5 such use may be permitted by the underlying zoning designation. 6 7 Mixed Use Projects shall be limited to the permitted, accessory and conditional uses 8 allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval 9 process as outlined in section 10.02.15. All other projects may elect to establish uses, 10 densities and intensities in accordance with their underlying zoning or in accordance with 11 the Overlay Subdistrict. However, all projects must comply with site development 12 standards as provided in section 4.02.16. 13 14 # # # # # # # # # # # # # 15 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 18 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2.05.01 – Density Standards and Housing Types 2 3 A. Where residential uses are allowable, the following density standards and housing type 4 criteria shall apply. 5 * * * * * * * * * * * * * 6 7 BZO BMUD S S S S 12 GTZO GTMUD S S S S 12 8 * * * * * * * * * * * * * 9 10 12 Maximum allowable density in the BZOBMUD and GTZOGTMUD overlays is attained 11 through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in 12 the Overlays. 13 14 # # # # # # # # # # # # # 15 16 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community 17 Redevelopment Area 18 19 A. Dimensional and Design Standards for the BMUDBZO. 20 21 1. Neighborhood Commercial Subdistrict (BMUDBZO-NC). 22 23 a. Specific District Provisions: 24 25 i. Maximum Density: 12 units per acre comprised of density allowed 26 by the underlying zoning district and available density bonuses. 27 28 ii. Lot and building dimensional requirements for new development 29 are provided below. These requirements shall be based on the 30 building type of the principal structure(s) as described in LDC 31 section 4.02.16 D., Building Types and Architectural Standards. 32 33 34 35 36 37 38 39 40 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 19 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx Table 1. Dimensional Requirements in the BMUDBZO-NC 1 2 House1 Rowhouse2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit6 700 per unit6 700 per unit6 n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 56 56 42 3 Notes: 4 5 1 See 4.02.16.A.7 regarding Duplexes. 6 7 2 See 4.02.16.A.7 regarding Two-Family Dwellings. 8 9 3 Applies to individual unit. 10 11 4 Zoned Height of Building. 12 13 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 14 15 6 Not applicable to guest rooms in hotels. 16 17 2. Waterfront Subdistrict (BMUDBZO-W). 18 19 a. Specific District Provisions: 20 21 i. Maximum Density: 12 units per acre comprised of density allowed 22 by the underlying zoning district and available density bonuses. 23 24 ii. Lot and building dimensional requirements for new development 25 are provided below. These requirements shall be based on the 26 building type of the principal structure(s) as described in LDC 27 section 4.02.16 D., Building Types and Architectural Standards. 28 29 30 31 32 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 20 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx Table 2. Dimensional Requirements in the BMUDBZO-W 1 2 House1 Rowhouse2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 per unit6 700 per unit6 700 per unit6 n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 56 56 42 3 Notes: 4 5 1 See LDC section 4.02.16.A.7 regarding Duplexes. 6 7 2 See LDC section 4.02.16.A.7 regarding Two-Family Dwellings. 8 9 3 Applies to individual unit. 10 11 4 Zoned Height of Building. 12 13 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 14 15 6 Not applicable to guest rooms in hotels. 16 17 3. Residential 1 Subdistrict (BMUDBZO-R1). 18 19 a. Specific District Provisions: 20 21 i. Maximum Density is limited to the maximum density allowed by the 22 underlying zoning district and any available density bonuses. 23 24 ii. Lot and building dimensional requirements for new development 25 are provided below. These requirements shall be based on the 26 building type of the principal structure(s) as described in section 27 LDC 4.02.16 D., Building Types and Architectural Standards. 28 29 30 31 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 21 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx Table 3. Dimensional Requirements in the BMUDBZO-R1 1 2 House1 Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 3 Notes: 4 5 1 See LDC 4.02.16.A.7 regarding Duplexes. 6 7 2 See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 8 9 3 Applies to individual unit. 10 11 4 Zoned Height of Building. 12 13 4. Residential 2 Subdistrict (BMUDBZO-R2). 14 15 a. Specific District Provisions: 16 17 i. Maximum Density is limited to the maximum density allowed by the 18 underlying zoning district and any available density bonuses. 19 20 ii. Lot and building dimensional requirements for new development 21 are provided below. These requirements shall be based on the 22 building type of the principal structure(s) as described in LDC 23 section 4.02.16 D., Building Types and Architectural Standards. 24 25 Table 4. Dimensional Requirements in the BMUDBZO-R2 26 27 House1 Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard (ft) 25 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 28 Notes: 29 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 22 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 1 See LDC 4.02.16.A.7 regarding Duplexes. 2 3 2 See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 4 5 3 Applies to individual unit. 6 7 4 Zoned Height of Building. 8 9 5. Residential 3 Subdistrict (BMUDBZO-R3). 10 11 a. Specific District Provisions: 12 13 i. Maximum Density is limited to the maximum density allowed by the 14 underlying zoning district and any available density bonuses. 15 16 ii. Lot and building dimensional requirements for new development 17 are provided below. These requirements shall be based on the 18 building type of the principal structure(s) as described in LDC 19 section 4.02.16 D., Building Types and Architectural Standards. 20 21 Table 5. Dimensional Requirements in the BMUDBZO-R3 22 23 House1 Mobile Home Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 40 40 253 100 100 Min. Front Yard (ft) 10 25 10 10 10 Min. Side Yard (ft) 5 7.5 5 7.5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per unit n/a Min. Building Separation n/a n/a n/a 10 10 Max. Building Height (ft)4 35 30 35 35 35 24 Notes: 25 26 1 See LDC 4.02.16.A.7 regarding Duplexes. 27 28 2 See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 29 30 3 Applies to individual unit. 31 32 4 Zoned Height of Building. 33 34 6. Residential 4 Subdistrict (BMUDBZO-R4). 35 36 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 23 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx a. Specific District Provisions: 1 2 i. Maximum Density is limited to the maximum density allowed by the 3 underlying zoning district and any available density bonuses. 4 5 ii. Lot and building dimensional requirements for new development 6 are provided below. These requirements shall be based on the 7 building type of the principal structure(s) as described in LDC 8 section 4.02.16 D., Building Types and Architectural Standards. 9 10 Table 6. Dimensional Requirements in the BMUDBZO-R4 11 12 House1 Civic & Institutional Min. Lot Width (ft) 50 100 Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Floor Area (sq ft) 1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft)2 35 35 13 Notes: 14 15 1 See LDC 4.02.16.A.7 regarding Duplexes. 16 17 2 Zoned Height of Building. 18 19 7. Exceptions to Dimensional Requirements: 20 21 a. For infill lots, the minimum front and side setbacks shall be equal to the 22 average setback dimensions on lots within 500 feet on the same block. 23 24 b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and 25 Commercial building types, where permitted, if a party wall is provided. 26 27 c. Duplexes, where permitted, are subject to dimensional standards for a 28 house building type, but shall have a minimum of 1,000 square feet of 29 building area per unit and a minimum lot width of 50 feet. 30 31 d. Two Family dwelling units, where permitted, are subject to dimensional 32 standards for a rowhouse building type, but shall have a minimum of 1,000 33 square feet of building area per unit and a minimum lot width of 40 feet per 34 unit. 35 e. Setback Encroachments: 36 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 24 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 i. Front porches in the BMUDBZO - R1 and BMUDBZO - R3 2 subdistricts that comply with the design criteria of LDC section 3 4.02.16 D.4.d. are permitted to encroach into the front setback up 4 to 7 feet, with an additional 3 feet encroachment for entry stairs. 5 6 ii. Arcades, awnings, and stairs are permitted to encroach into the 7 front setback up to 5 feet. 8 9 iii. Bay windows may project up to 2 feet into any required setback. 10 11 iv. Uncovered porches and stoops that do not exceed an average 12 finished height above grade of 36 inches may project into any 13 required setback up to 5 feet from the property line. 14 15 v. Handicap ramps installed on a residential structure to provide 16 access for a disabled resident may encroach into the front setback, 17 unless it can be provided at another entry point. 18 19 vi. Accessory structures may encroach into the setbacks as provided 20 in LDC section 4.02.16 C.2. 21 22 vii. Non-structural accessory uses, such as HVAC, mechanical 23 equipment, rain barrels, cisterns and solar panels, may encroach 24 into the side and rear setback. 25 26 f. Height limitations shall not apply to church spires, belfries, cupolas, and 27 domes not intended for human occupancy, monuments, transmission 28 towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets 29 on a flat roof shall be no more than 5 feet in height at its highest point. 30 31 B. Dimensional and Design Standards for the GTMUDGTZO. 32 33 1. Mixed Use Subdistrict (GTMUDGTZO-MXD). 34 35 a. Specific District Provisions: 36 37 i. Maximum Density: 12 units per acre comprised of density allowed 38 by the underlying zoning district and available density bonuses. 39 40 ii. Lot and Building Dimensional Requirements: Lot and building 41 dimensional requirements for new development are provided 42 below. These requirements shall be based on the building type of 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 25 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx the principal structure(s) as described in LDC section 4.02.16 D., 1 Building Types and Architectural Standards. 2 3 Table 7. Dimensional Requirements in the GTMUDGTZO-MXD 4 5 House1 Rowhouse2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 6.56 6.56 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront Setback (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit8 700 per unit8 700 per unit8 n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft)4 42 42 42 567 567 42 6 Notes: 7 8 1 See LDC 4.02.16.B.3 regarding Duplexes. 9 10 2 See LDC 4.02.16.B.3 regarding Two-Family Dwellings. 11 12 3 Applies to individual unit. 13 14 4 Zoned Height of Building. 15 16 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 17 18 6 Development in the Mini-Triangle Area of the GTMUDGTZO-MXD subdistrict shall have a 19 maximum setback of 20 feet. 20 21 7 MUPs in the Mini-Triangle Area of the GTMUDGTZO-MXD subdistrict shall have a 22 maximum zoned building height of 112 feet. 23 24 8 Not applicable to guest rooms in hotels. 25 26 2. Residential Subdistrict (GTMUDGTZO R). 27 28 a. Specific District Provisions: 29 i. Maximum Density is based on maximum density allowed by the 30 underlying zoning district and any available density bonuses. 31 32 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 26 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx ii. Lot and Building Dimensional Requirements: Lot and building 1 dimensional requirements for new development are provided 2 below. These requirements shall be based on the building type of 3 the principal structure(s) as described in LDC section 4.02.16 D, 4 Building Types and Architectural Standards. 5 6 Table 8. Dimensional Requirements in the GTMUDGTZO R 7 8 House1 Rowhouse2 Apartment Civic & Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 9 Notes: 10 11 1 See LDC 4.02.16.A.7 regarding Duplexes. 12 13 2 See LDC 4.02.16.A.7 regarding Two-Family Dwellings. 14 15 3 Applies to individual unit. 16 17 4 Zoned Height of Building. 18 19 3. Exceptions to Dimensional Requirements: 20 21 a. For infill lots, the minimum front and side setbacks shall be equal to the 22 average setback dimensions on lots within 500 feet. 23 24 b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and 25 Commercial building types, where permitted, if a shared wall, or party wall, 26 is provided. 27 28 c. Duplexes, where permitted, are subject to dimensional standards for a 29 house building type, but shall have a minimum of 1,000 square feet of 30 building area per unit and a minimum lot width of 80 feet. 31 32 d. Two Family units, where permitted, are subject to dimensional standards 33 for a rowhouse building type, but shall have a minimum of 1,000 square 34 feet of building area per unit and a minimum lot width of 40 feet per unit. 35 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 27 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 e. Setback Encroachments: 2 3 i. Front porches in the GTMUDGTZO - R subdistrict that comply with 4 the design criteria of LDC section 4.02.16 D.4.d. are permitted to 5 encroach into the front setback up to 7 feet, with an additional 3 feet 6 encroachment for entry stairs. 7 8 ii. Arcades, awnings, stairs and raised doorways are permitted to 9 encroach into the front setback up to 5 feet. 10 11 iii. Bay windows may project up to 2 feet into any required setback. 12 13 iv. Uncovered porches and stoops that do not exceed an average 14 finished height above grade of 36 inches may project into any 15 required setback up to 5 feet from the property line. 16 17 v. Handicap ramps installed on a residential structure to provide 18 access for a disabled resident may encroach into the front setback, 19 unless it can be provided at another entry point. 20 21 vi. Accessory structures may encroach into the setbacks as provided 22 in LDC section 4.02.16 C.2. 23 24 vii. Non-structural accessory uses, such as HVAC, mechanical 25 equipment, rain barrels, cisterns and solar panels, may encroach into the 26 side and rear setback. 27 28 f. Height limitations shall not apply to church spires, belfries, cupolas, and 29 domes not intended for human occupancy, monuments, transmission 30 towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets 31 on a flat roof can be no more than 5 feet in height. 32 33 C. Additional Standards for Specific Uses. Certain uses may be established, constructed, 34 continued, and/or expanded provided they meet certain mitigating standards specific to 35 their design and/or operation. These conditions ensure compatibility between land uses 36 and building types and minimize adverse impacts to surrounding properties. 37 38 1. Accessory Parking Zones. 39 40 a. Lots adjacent to the Neighborhood Commercial (BMUDBZO-NC), 41 Waterfront (BMUDBZO-W) and Mixed Use (GTMUDGTZO-MXD) 42 Subdistricts, designated Accessory Parking Zoning (APZ) as identified on 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 28 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx the Collier County Zoning Map, may be used for off street parking or water 1 retention and management areas, in the following manner: 2 3 i. As an accessory use to an adjacent non-residential principal use 4 under the same ownership or legal control; or 5 6 ii. As a public parking lot designated as a principal use. 7 8 b. A buffer must be provided between the APZ and adjacent residential lots 9 as provided in LDC section 4.02.16 E.2.a.i. 10 11 2. Accessory Uses to Residential Structures. An accessory structure located on the 12 property and related to the primary residence (single -family detached only) for 13 uses which include, but are not limited to: library, studio, workshop, playroom, 14 screen enclosure, detached garage, swimming pool or guesthouse. 15 16 * * * * * * * * * * * * * 17 18 g. Location: Accessory structures shall not be located in the front yard, except 19 that accessory structures located on corner lots may be located in the front 20 yard with the longer street frontage. In the case where a principal 21 residential structure has been constructed prior to December 12, 2000, the 22 accessory structure may be located in the front yard, provided the 23 accessory structure is screened by a fence or landscaping, and garage 24 doors shall not face the public right-of-way. Accessory structures shall be 25 setback a minimum of 10 feet from the rear property line and shall have the 26 same side setback as required for the principal structure for the overlay 27 subdistrict in which it is located. 28 29 3. Artist Village. 30 31 a. Artist village is limited to the housing of artists, such as painters, sculptors, 32 jewelry makers, in one or more multifamily attached dwellings, clustered 33 single-family detached dwellings, or a combination thereof. 34 35 b. Dwellings shall not be leased for periods less than 30 days. 36 37 c. Artist village consisting of clustered, single-family detached dwellings, shall 38 be designed consistent with the provisions for cluster residential design in 39 LDC section 4.02.04. 40 41 d. Shared studio and/or gallery space shall be provided for the use of all 42 residents of the artist village. 43 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 29 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx * * * * * * * * * * * * * 1 2 6. Live-Work Units. 3 4 a. All live-work units must fully comply with any and all Building Code 5 requirements. 6 7 b. The non-residential use areas shall meet accessibility requirements of the 8 applicable Building Code (including site access and parking) and be 9 oriented to the street. 10 11 c. Size: The live-work unit shall have a minimum total size of 1,000 square 12 feet and a maximum total size of 3,000 square feet and three stories in 13 height. The non-residential use area must occupy less than 50 percent of 14 total unit. 15 16 d. The same individual(s) must occupy the non-residential use area and living 17 area. 18 19 e. The live-work unit may employ a maximum of 1 non-resident 20 worker/employee on premise at any one time. 21 22 f. Live-work units in non-residential subdistricts (BMUDBZO-NC, BMUDBZO-23 W and GTMUDGTZO-MXD) shall be established through the mixed use 24 project approval process. 25 26 g. Limitations on use. The non-residential component of a live-work unit shall 27 be limited in the following manner: 28 29 i. Live-work units in a non-residential subdistrict (BMUDBZO-NC, 30 BMUDBZO-W and GTMUDGTZO-MXD) limited to uses permitted 31 within the applicable subdistrict or underlying zoning district. 32 33 ii. Live-work units approved as a conditional use in a residential 34 subdistrict (BMUDBZO-R3 and GTMUDGTZO-R) shall be limited to 35 non-residential uses including artist studio, professional office, 36 professional service such as hair salon or tailor, or any other use 37 deemed to be similar in nature by the BZA during the conditional 38 use process. Non-residential uses may include ancillary retail, such 39 as galleries selling artwork and hair salons selling hair products. 40 41 iii. Prohibited uses include Vehicle Maintenance or Repair, 42 Entertainment, Drinking and Public Eating Establishment, the sale 43 of food and beverages, Sexually-Oriented Businesses, veterinary 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 30 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx services, and activities involving biological or chemical substances 1 that require a controlled environment or may pose a health hazard. 2 3 h. Parking: 1 parking space per 500 square feet of the non-residential portion 4 of the live-work unit plus 1 space for the residential unit. 5 6 i. Signage: Signage for live-work units in a commercial subdistrict shall be 7 limited to wall signs in accordance with LDC section 5.06.04. Live-work 8 units located in a residential subdistrict shall be limited to 1 non-illuminated 9 wall sign with a maximum sign area of 8 square feet. 10 11 7. Marinas and Boatyards. 12 13 a. Repair and dry storage areas shall not be visible from the street. 14 15 b. Boats available for rental purposes shall be located in the water or 16 screened with a fence or wall from the local side streets and adjacent 17 residential lots and shall not be visible from Bayshore Drivethe street. 18 19 c. All boat racks shall be enclosed with a wall or fence and the boats shall not 20 exceed the height of the enclosure. The fence material can be wood, vinyl 21 composite, concrete block with stucco finish, or metal, or a combination. 22 No chain link or wood fences are is allowed. 23 24 d. Architectural standards of this BOZD apply. Height of structures may be 25 increased to a maximum actual height of 50 feet by the Board of Zoning 26 Appeals (BZA) upon approval of a variance petition. 27 28 e. Outdoor displays of boats for sale on properties fronting Bayshore Drive 29 shall be limited to the following: 30 31 i. All areas used for boat display activities shall occupy no more than 32 35 percent of the linear frontage of the property. 33 34 ii. All boat sale areas shall not be closer to the frontage line than the 35 primary building they serve. 36 37 iii. All boats located within an outdoor sales area shall not exceed the 38 height of 17 feet above existing grade. 39 40 iv. Outdoor sales areas shall be connected to the parking area and 41 primary structure by a pedestrian walkway. 42 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 31 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx v. An additional 10 foot landscape buffer is required around the 1 perimeter of the outdoor boat sales area. This buffer must include, 2 at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 3 foot high double row hedge spaced at three feet on center at the 4 time of planting. 5 6 fe. One parking space per 5 dry boat storage spaces. 7 8 gf. On-site traffic circulation system shall be provided that will accommodate 9 areas for the loading and unloading of equipment that will not e ncroach 10 upon residential developments. 11 12 g. For properties with access to an alley, the alley shall be the primary access 13 for loading and service functions unless physical constraints preclude the 14 use of the alley in this manner. 15 16 8. Mixed Use Project. 17 18 a. Mixed Use Projects (MUPs) are typically human-scale, pedestrian-19 oriented, interconnected projects with a mix of residential and commercial 20 uses such as retail, office and civic amenities that complement each other. 21 Residential uses are often located above commercial uses, but can be 22 separate areas of residential use only with close proximity to commercial 23 uses. An interconnected street system is the basis for the transportation 24 network. Buildings are encouraged to be built close to the vehicular and 25 pedestrian way to create a continuous active and vibrant streetscape 26 utilizing the architecture, landscaping, lighting, signage, and street 27 furnishings. 28 29 b. Mixed Use Projects in the BMUDBZO-NC, BMUDBZO-W and 30 GTMUDGTZO-MXD shall be reviewed and permitted in accordance with 31 LDC section 10.02.15. 32 33 c. A minimum of 60 percent of all commercial uses within a mixed use project 34 shall provide retail, office and/or personal service uses to serve the needs 35 of the subject project and surrounding residential neighborhoods. 36 37 d. A maximum of 25 percent of the residential units within a mixed use 38 projectMUP may shall be on gated roadways, except that MUPs utilizing 39 the Density Bonus Pool shall not be gated. Residential uses shall be 40 constructed concurrent with, or prior to, the construction of commercial 41 uses so as to insure actual development of a mixed use project, or 42 otherwise in accordance with a development schedule approved for the 43 project and made a condition of the MUP approval. 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 32 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 e. MUPs shall provide connection to local streets, adjoining neighborhoods 2 and adjacent developments, regardless of land use types. A grid street 3 pattern is preferred; however, modifications may be approved, provided the 4 vehicular network provides interconnections between internal uses and 5 external connections to adjoining neighborhoods and land uses. The 6 network shall fully accommodate pedestrian, bicycle, and transit. Vehicular 7 and pedestrian interconnection shall be provided to the property line to 8 allow access to all connection points with the abutting development, 9 consistent with the conceptual PUD Master Plan. The final location of the 10 access point(s) shall be coordinated with the adjacent property owners and 11 a cross-access easement, or an access easement to the public for public 12 use without responsibility of maintenance by Collier County, shall be 13 provided at time of the first SDP or PPL. The connection and supporting 14 infrastructure shall be constructed to the property line on the subject 15 property by the developer, successors, or assigns prior to the issuance of 16 the first C.O. The interconnections shall remain open to the public. 17 18 f. The commercial component of a mixed use project may be located internal 19 to the project or along the boundary; if externally located, internal access 20 roads and service access shall be provided so as not to promote strip 21 commercial development along external collector and arterial roadways. 22 23 g. Parking lots shall be dispersed throughout the project. No one parking lot 24 shall provide more than 40 percent of the required off-street parking. 25 Parking garages shall have no restrictions on percentage of required 26 parking that may be accommodated. This requirement shall not apply to 27 individual parcels less than 5 acres in size. 28 29 h. At least 30 percent of the gross area of mixed use projects shall be devoted 30 to useable open space, as defined in LDC section 4.02.01 B. In the case 31 of any request to deviate from this requirement, a donation of land, cash, 32 or other in-kind contribution may be accepted by the CRA, where it has 33 been demonstrated to sufficiently mitigate for the reduction of required on-34 site usable open space. This cash or in-kind contribution may be used to 35 enhance the public realm (public art, plaza, fountains, etc). This usable 36 open space requirement shall not apply to individual parcels less than 5 37 acres in size. 38 39 i. For MUPs utilizing the Density Bonus Pool, the project’s vehicular access 40 shall not be gated, and the project shall comply with LDC sections 41 4.02.16.C 15.b. and c. and 4.02.16 C.16. 42 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 33 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx j. For MUPs utilizing the Density Bonus Pool Allocation, a mix of uses are 1 required so that any one use (residential or non-residential) does not 2 exceed 80 percent of the gross building square footage. This ratio is 3 applicable to an MUP whether it is vertically mixed (mix of uses contained 4 within the same building) or horizontally mixed (mix of uses within separate 5 buildings). Nonresidential uses must be publicly accessible. 6 7 9. Outdoor Display and Sale of Merchandise vending machines. 8 9 a. No automatic food and drinking vending machines are permitted outside of 10 any structure. 11 12 b. Newspaper vending machines will be limited to two machines per project 13 site and shall be permanently affixed (not portable). 14 15 c. Outdoor display and sale of merchandise, within front yards on improved 16 properties, is permitted provided the merchandise is limited to the sale of 17 comparable merchandise sold on the premises. 18 19 10. All permitted or conditional uses allowing for outdoor display, sales, or storage of 20 manufactured products, raw or finished materials, boats, or vehicles, shall be 21 required to meet the following standards: 22 23 a. Total area of the property used for these outdoor functions is limited to 30 24 percent of the property. 25 26 b. These outdoor functions are limited to occupying a maximum of 35 percent 27 of the linear frontage of the property along arterials, collectors, and local 28 streets which are in view of or provide access to residential uses. These 29 outdoor functions may occupy up to 50 percent of the linear frontage of the 30 property along a local street which is not in view of and does not provide 31 access to residential uses. 32 33 c. Outdoor display, sales, or storage of manufactured products, raw or 34 finished materials, boats, or vehicles shall not be closer to the frontage line 35 than the primary building they serve. 36 37 d. A maximum height of 17 feet above existing grade applies to boats, 38 vehicles, construction materials or equipment that is stored, on display, or 39 for sale outdoors. 40 41 e. Any outdoor display, sales, or storage of manufactured products, raw or 42 finished materials, boats, or vehicles that exceed a height of six feet shall 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 34 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx be set back at least 50 feet from a property line that is adjacent to or in the 1 view of property zoned for or used for residential purposes. 2 3 f. For properties with access to an alley, the alley shall be the primary access 4 for loading and service functions unless physical constraints preclude the 5 use of the alley in this manner. 6 7 g. Buffering shall be provided in accordance with LDC section 4.02.16 E., 8 unless as specified in this section for outdoor display, sales, or storage of 9 manufactured products, raw or finished materials, boats, or vehicles: 10 11 Outdoor display or sales area Min. Screening Width (ft) Screening material Perimeter screening, except for side and rear yards that adjoin or are in view of property zoned for residential purposes 10 Trees a minimum of 14 feet in height, spaced 30 feet on center and a double hedge row, three feet in height and spaced 3 feet on center at time of planting Side and rear yards that adjoin or are in view of property zoned for residential purposes 10 Wall or fence six feet in height. The outside of the wall or fence must contain landscape material in accordance with Type B buffer requirements Outdoor storage area 10 Wall or fence in accordance with LDC section 4.02.12. The outside of the wall or fence must contain landscape material in accordance with Type B buffer requirements Note: Wall or fence material shall consist of either vinyl composite, concrete block with stucco finish, or metal, or a combination. No chain link or wood fences are allowed. 12 h. Minimum required parking spaces for outdoor display, sales, or storage of 13 manufactured products, raw or finished materials, boats, or vehicles shall 14 be 1 space per 1,000 square feet of outdoor display and outdoor sales area 15 in addition to the requirement for the buildings and other uses on the site. 16 Required parking spaces shall be clearly designated and not used for items 17 for sale or display. Outdoor display or sales areas shall be connected to 18 these parking spaces and to the primary structure on the site by a 19 pedestrian walkway. 20 21 11. Commercial vehicle or fleet vehicle parking for non-residential uses. 22 23 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 35 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx a. Commercial vehicle or fleet vehicle parking in connection with a non-1 residential use in a non-residential district may be permitted on improved 2 property, limited to the rear yard. 3 4 b. Screening of commercial vehicle or fleet vehicle parking that adjoins or is 5 in view of property zoned for or used for residential purposes must include 6 a minimum 6 foot high wall or fence. The wall or fence material can be vinyl 7 composite, concrete block with stucco finish, metal, or a combination. No 8 chain link or wood fences are allowed. A minimum 10 foot wide landscape 9 buffer must be planted outside the wall or fence with trees at a minimum 10 height of 14 feet and double row hedge at a minimum height of 3 feet at 11 time of planting. 12 13 c. For properties with access to an alley, the alley shall be the primary access 14 for loading and service functions and access to the commercial or fleet 15 vehicles unless physical constraints preclude the use of the alley in this 16 manner. 17 18 12. View of repair bays and overhead doors. Repair bays that are open or that have 19 metal roll-up garage doors shall not be visible from public rights-of-way, except for 20 alleys. 21 22 D. Building Types and Architectural Standards. 23 24 1. Purpose and Intent. The purpose of this section is to supplement the provisions of 25 LDC section 5.05.08 by identifying and providing design standards for the building 26 types allowed within the Bayshore Gateway Triangle Redevelopment Area 27 BGTCRA. The standards are intended to attach the same importance to the overall 28 building design as is placed on the use contained therein, and to ensure that 29 proposed development is consistent with the CRA's goals for building form, 30 character and quality. Buildings within the BMUDBZO and GTMUDGTZO are 31 expected to be added as long-term additions to the architectural vibrancy of the 32 community. 33 34 2. Applicability. Each proposed building shall be designed in compliance with the 35 standards of this section for the applicable building type, regardless of the 36 underlying zoning district provisions. The uses permitted within the building are 37 determined by the underlying zoning district or overlay subdistrict in which it is 38 located. All buildings shall meet the design requirements set forth in LDC section 39 5.05.08 unless otherwise specified in this section. 40 41 3. General Architectural Standards. 42 43 * * * * * * * * * * * * * 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 36 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 c. Compatibility: Proposed buildings should be compatible with relate to 2 adjacent buildings in similarity of scale, height, architectural style, and/or 3 configuration. Exceptions to this provision include civic and institutional 4 buildings such as churches and schools. 5 6 * * * * * * * * * * * * * 7 8 f. Deviations from exterior building color. Applicants within the Bayshore 9 Gateway Triangle Community Redevelopment District BGTCRA 10 boundaries may request a deviation from the exterior building color 11 requirements of LDC section 5.05.08 D. A deviation request shall be 12 subject to the procedures established in LDC section 5.05.08 G. and shall 13 be subject to the following criteria: 14 15 i. The deviation request is consistent with LDC section 5.06.00, 16 regarding sign regulations and standards. 17 18 ii. The deviation request consists of no more than 3 colors. 19 20 iii. The deviation request may not be for a color which is below 21 lightness level 3 on the Collier County Architectural Color Charts. 22 23 24 BGTCRA Redevelopment Area Figure 1 25 Facade Treatments 26 (For illustrative purposes only) 27 28 4. Building Type: HOUSE. 29 30 a. Description: The predominant building type in the Bayshore Gateway 31 Triangle Redevelopment Area BGTCRA and is intended for use as a 32 single-family detached dwelling located on its own lot, although it may also 33 accommodate duplexes, small multi-family dwellings, home occupations, 34 and professional offices. 35 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 37 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 3 BGTCRA Redevelopment Area Figure 2 4 Building Type: House 5 (For illustrative purposes only) 6 7 b. Yards: The typical House has four yards: front, sides, and rear. Corner lots 8 shall have two front yards and two side yards, with the front yards along 9 each street frontage. 10 11 12 BGTCRA Redevelopment Area Figure 3 13 House Yard Diagram 14 (For illustrative purposes only) 15 16 c. Façade Elevation Requirements: 17 18 i. A maximum of two feet of fill shall be allowed on site towards 19 meeting National Flood Insurance Program (NFIP) requirements. 20 Additional NFIP finished habitable floor height requirements shall 21 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 38 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx be accomplished through stem wall construction. Stem walls shall 1 be finished in material and color complimentary to the principal 2 structure. 3 4 ii. Open stilt-type construction is not permitted. On front yards, the 5 foundation area below the first floor must be treated with a solid 6 façade or lattice, which is consistent with the architectural style of 7 the building and the floodplain protection standards of section 8 3.02.00. 9 10 iii. Parking is permitted under the principal structure. The garage floor 11 shall not exceed 24 inches above the elevation of the crown of road 12 from which it is accessed. 13 14 iv. All Houses are required to include architectural features. Based on 15 the point system below, a total of six points is required: 16 17 a) The following items will be calculated at two points each: 18 19 1) Metal, tile or slate roof (5v Crimp, standing seam or 20 similar design; no corrugated metal; cannot be on a 21 flat roof to receive points) 22 23 2) Impact windows and doors throughout the house 24 with exterior window trim (minimum of 3 ½” wide) 25 26 3) Rear-load, side-loaded garage, or recessed garage 27 (see garage standards below in LDC Section 28 4.02.16 D.4 e. Garages, Carports, and Driveways) 29 30 b) The following items will be calculated as one point each: 31 32 1) Front porch (see front porch requirements below in 33 LDC Section 4.02.16 D.4.d Front Porches) 34 35 2) Awnings 36 37 3) Decorative shutters 38 39 4) Dormers 40 41 5) Balconies or loggias along the front façade 42 43 6) Decorative cornices or roof line 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 39 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 7) Bay, box, and bow windows with independent roofs 2 over windows on the front of house 3 4 8) Minimum of 12 inch overhang with finished soffit and 5 facia 6 7 9) Pitched roof (minimum 4/12 pitch) 8 9 10) Decorative railings on balconies and front porch 10 11 11) Decorative exterior wainscoting such as stone, 12 board and batten, and horizontal siding 13 14 12) Exterior window trim (minimum of 3 ½ inch wide) 15 16 13) 42-inch decorative front yard fence consistent with 17 the architectural style of the principal structure (e.g., 18 white picket fence with cottage style) 19 20 14) Garage door with windows glazing and/or 21 architectural details that mirror the principal structure 22 23 15) Front door made from high quality material framed 24 with decorative exterior trim (minimum of 3-½ inch) 25 with incorporated detail such as raised panel profiles 26 and clear glass windows 27 28 16) Two story home 29 30 17) 6-foot wide sidewalk installed within the right of way 31 32 18) Gables 33 34 19) Decorative columns, pillars or posts 35 36 20) Eaves 37 38 21) Transoms 39 40 22) Decorative trellis above garage door, entry door, or 41 window 42 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 40 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 23) Brick or cut stone (natural or cultured) accents or 1 exterior walls 2 3 24) Elevated foundation with front porch steps 4 5 25) Brackets (e.g. wood appearing step beam, or heavy 6 timber knee brackets) 7 8 26) Balconies or loggias 9 10 27) Cast stone lintels 11 12 d. Front Porches: 13 14 i. Front porches should be used as a primary architectural element 15 and may encroach up to 7 feet into the required front setback in 16 accordance with LDC section 4.02.16 A.7.e.i. 17 18 ii. Front porches must cover a minimum of 40 percent of the horizontal 19 length of the front yard façade of the primary residence and be at 20 least 5 feet deep. 21 22 23 24 BGTCRA Redevelopment Area Figure 4 25 House Porch Diagram 26 (For illustrative purposes only) 27 28 * * * * * * * * * * * * * 29 30 e. Garages, Carports, and Driveways: 31 32 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 41 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx i. Garage doors, along the frontage, shall have a maximum width of 1 16 feet or 45 percent of the total linear frontage of the front façade 2 of the home, whichever is greater. 3 4 ii. Garage space may project beyond the front plane of the forward 5 most or street side living space façade only if a front porch is at 6 minimum, flush with the forward most plane of the garage. 7 8 iiiii. The driveway shall have a maximum width of 18 feet in the right-of-9 way area. Other than the permitted driveway, the front yard may not 10 be paved or otherwise used to accommodate parking. 11 12 iiiiv. Freestanding carports are prohibited. Carports and porte-cochere 13 must be attached to the principal structure and be of similar 14 materials and design as the principal structure. Detached garages 15 must meet the side and rear setback requirements for an accessory 16 structure. Carports and detached garages shall be no closer than 17 23 feet from the front yard setback line. 18 19 iv. The distance from the back of the sidewalk to the garage door must 20 be at least 23 feet to allow room to park a vehicle on the driveway 21 without parking over the sidewalk. Should the garage be side-22 loaded there must be at least a 23 foot paved area on a 23 perpendicular plane to the garage door or plans must ensure that 24 parked vehicles will not interfere with pedestrian traffic. 25 26 27 28 BGTCRA Redevelopment Area Figure 5 29 Garages, Carports, and Driveways Diagram 30 (For illustrative purposes only) 31 32 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 42 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx f. Massing and Scale: Housing shall be compatible with the surrounding 1 neighborhood with respect to mass and scale and avoid a single, large, 2 dominant building mass by adhering to the following standards: 3 4 i. Houses shall include façade variations so that the maximum length, 5 or uninterrupted curve, of any façade does not exceed 30 linear 6 feet. This shall include both fronts of a corner lot. 7 8 ii. Façade variations shall be provided through projections and 9 recesses with a minimum depth of two feet. 10 11 iii. Roofline offsets shall be provided to lend architectural interest and 12 variety to the massing of a building and to relieve the effect of a 13 single, long roof. The maximum length of an uninterrupted flat roof, 14 on the front facade, shall be 30 linear feet. 15 16 g. Materials: 17 18 i. House exteriors shall consist of wood clapboard, stucco finish, 19 cement fiber board products, vinyl siding, brick or stone. Corrugated 20 metal siding may be used as an accent, not to exceed 25 percent 21 of the building’s surface area. 22 23 ii. Pitched roofs shall be metal seam (5v Crimp, standing seam or 24 similar design; no corrugated metal), slate, copper, asphalt, or wood 25 shingles. 26 27 5. Building Type: ROWHOUSE. 28 29 a. Description: A building with two or more residential units that are attached 30 by a common wall. A rowhouse is typically a fee simple unit from ground to 31 roof with no units above or below. A rowhouse may be used as a live-work 32 unit. 33 34 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 43 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 BGTCRA Redevelopment Area Figure 6 3 Building Type: Rowhouse 4 (For illustrative purposes only) 5 6 b. Yards: The rowhouse building typically has one primary yard located to the 7 rear of the structure with the potential for a small landscaped front yard. A 8 side yard is required for end units. Corner lots shall have a front yard on 9 each street frontage. 10 11 12 13 14 BGTCRA Redevelopment Area Figure 7 15 Rowhouse Yard Diagram 16 (For illustrative purposes only) 17 18 c. Front Porches and Stoops: 19 20 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 44 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx i. Front porches should be used as a primary architectural element 1 and may encroach up to 7 feet into the required front setback in 2 accordance with LDC section 4.02.16 A.7.e.i. 3 4 5 6 BGTCRA Redevelopment Area Figure 8 7 Rowhouse Porch Diagram 8 (For illustrative purposes only) 9 10 d. Façade Elevation Details: 11 12 i. All building facades elevations visible from the street shall provide 13 doors, porches, balconies, terraces and/or windows along a 14 minimum of 60 percent of the front façade elevation and 30 percent 15 of the side façade elevation for each building story. "Percent of 16 façade elevation" is measured as the horizontal plane containing 17 doors, porches, balconies, terraces and/or windows in relation to 18 the total horizontal plane of the building façade elevation. 19 20 21 22 BGTCRA Redevelopment Area Figure 9 23 Building Façade Elevation Diagram 24 (For illustrative purposes only) 25 26 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 45 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx * * * * * * * * * * * * * 1 2 e. Garages and Driveways: 3 4 * * * * * * * * * * * * * 5 6 ii. Garage provided along the front façade of the building shall meet 7 the following design standards: 8 9 * * * * * * * * * * * * * 10 11 b) Garage doors shall not exceed more than 30 percent of the 12 front façade elevation. 13 14 6. Building Type: APARTMENT. 15 16 a. Description: A multiple-unit building with units arranged vertically and/or 17 horizontally and with parking located below or behind the building. Units 18 may be for rental or for sale in condominium ownership or may be designed 19 as continuing care facilities or lodging (hotel). 20 21 22 23 BGTCRA Redevelopment Area Figure 10 24 Building Type: Apartment 25 (For illustrative purposes only) 26 27 b. Yards: The apartment building typically has a primary yard located to the 28 rear of the structure with secondary side yards and the potential for a small 29 landscaped front yard. Corner lots shall have a front yard along each street 30 frontage. Buildings located internal to a site may be arranged in a courtyard 31 setting provided the site has at least 1 building oriented toward the street. 32 33 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 46 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 BGTCRA Redevelopment Area Figure 11 3 Apartment Building Yard Diagram 4 (For illustrative purposes only) 5 6 c. Façade Elevation Details: 7 8 i. All apartment building facades elevations visible from the street 9 shall provide doors, porches, balconies, terraces and/or windows 10 along a minimum of 60 percent of the front façade elevation and 30 11 percent of the side façade elevation for each building story. 12 "Percent of façade elevation" is measured as the horizontal plane 13 containing doors, porches, balconies, terraces and/or windows in 14 relation to the total horizontal plane of the building facade elevation. 15 16 * * * * * * * * * * * * * 17 18 d. Massing and Scale: Apartment buildings shall be compatible with the 19 surrounding neighborhood with respect to relate in mass and scale to the 20 adjacent built environment and avoid single, large, dominant building mass. 21 22 i. Buildings over 10,000 square feet in gross building area shall 23 include façade variations so that the maximum length, or 24 uninterrupted curve, of any façade does not exceed 60 linear feet. 25 Façade variations shall be provided through projections and 26 recesses with a minimum depth of 5 feet and may include porches, 27 balconies, bay windows and/or covered entries. 28 29 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 47 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 BGTCRA Redevelopment Area Figure 12 3 Massing and Scale Diagram 4 (For illustrative purposes only) 5 6 7. Building Type: MIXED-USE. 7 8 a. Description: A building which can accommodate a variety of uses, typically 9 with the ground floor dedicated to non-residential uses and upper story 10 floor(s) dedicated to office and/or residential uses. 11 12 13 14 BGTCRA Redevelopment Area Figure 13 15 Building Type: Mixed-Use 16 (For illustrative purposes only) 17 18 b. Yards: The mixed-use building typically has a primary yard located to the 19 rear of the structure with the potential for a small front plaza or courtyard to 20 provide public space or outdoor dining. 21 22 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 48 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 BGTCRA Redevelopment Area Figure 14 3 Mixed-Use Building Yard Diagram 4 (For illustrative purposes only) 5 6 * * * * * * * * * * * * * 7 8 d. Street Façades: The first floor of all mixed-use buildings shall be designed 9 to encourage and complement pedestrian-style interest and activity 10 through the following elements: 11 12 i. The first floor building façade elevation shall be located between 13 the minimum and maximum front setback line (if provided) for a 14 minimum of 60 percent of lot width. 15 16 17 18 BGTCRA Redevelopment Area Figure 15 19 Mixed-Use Building Facade Diagram 20 (For illustrative purposes only) 21 22 * * * * * * * * * * * * * 23 24 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 49 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx e. Windows: Windows along the first floor building façade elevation shall 1 meet the following standards: 2 3 * * * * * * * * * * * * * 4 5 g. Façade Elevation Details: 6 7 * * * * * * * * * * * * * 8 9 h. Massing and Scale: Mixed-use buildings shall be compatible with the 10 adjacent built environment with respect to relate in mass and scale to the 11 adjacent built environment and shall avoid single, large, dominant building 12 mass. 13 14 * * * * * * * * * * * * * 15 16 8. Building Type: COMMERCIAL 17 18 a. Description: A single or multi-story building which accommodates non-19 residential and automobile oriented uses, such as retail and office uses. 20 This building type provides convenient vehicle access from the fronting 21 roadway while minimizing the negative impacts of parking lots on an active 22 pedestrian realm. 23 24 25 26 BGTCRA Redevelopment Area Figure 16 27 Building Type: Commercial 28 (For illustrative purposes only) 29 30 b. Yards: The commercial building has a primary yard located to the rear of 31 the structure with the potential for a small front plaza or courtyard to provide 32 public space or outdoor dining. 33 34 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 50 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 BGTCRA Redevelopment Area Figure 17 3 Commercial Building Yard Diagram 4 (For illustrative purposes only) 5 6 c. Street Façades: The first floor of all commercial buildings shall be designed 7 to encourage and complement pedestrian-style interest and activity 8 through the following elements: 9 10 i. The first floor building façade elevation shall be located between 11 the minimum and maximum front setback line (if provided) as 12 provided in LDC section 4.02.16 A.1.a.ii. for a minimum of 50 13 percent of lot width. 14 15 ii. Glazing, consisting of transparent windows and doors, covering a 16 minimum of 30 percent of the length of first floor building façade 17 elevation along the primary street frontage. Building elevations 18 along secondary street frontages shall provide 25 percent glazing. 19 20 * * * * * * * * * * * * * 21 22 d. Windows: Windows along the first floor building façade elevation shall meet 23 the following standards: 24 25 * * * * * * * * * * * * * 26 27 f. Façade Elevation Details: 28 29 * * * * * * * * * * * * * 30 31 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 51 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx g. Massing and Scale: Commercial buildings shall be compatible with the 1 adjacent built environment with respect to relate in mass and scale to the 2 adjacent built environment and shall avoid single, large, dominant building 3 mass. 4 5 * * * * * * * * * * * * * 6 7 10. Building Type: MOBILE HOME. All mobile homes are required to have the entry 8 façade oriented toward the front of the lot. 9 10 E. Landscaping and Buffer Requirements 11 12 1. Applicability: Landscaping and buffering in the BMUDBZO and GTMUDGTZO 13 shall be provided in accordance with LDC section 4.06.00, unless as specified in this 14 section. 15 16 2. Buffer Requirements: Buffers shall be provided to give spatial separation and 17 visual screening between incompatible uses. 18 19 a. Perimeter Buffers: The following buffer standards shall be required for 20 MUPs, PUDs, commercial developments and other non-residential 21 developments in the BMUDBZO-NC, BMUDBZO-W and GTMUDGTZO-22 MXD subdistricts. 23 24 i. Buffers adjacent to residential uses and residentially zoned 25 properties shall be consistent with one of the following: 26 27 a) Ten foot wide buffer including a 6 foot high opaque masonry 28 wall and a row of trees spaced no more than 30 feet on 29 center; or 30 31 b) Fifteen foot wide buffer including trees spaced no more than 32 25 feet on center and a hedge consisting of ten gallon plants 33 five feet in height, three feet in spread and spaced a 34 maximum four feet on center at the time of planting. 35 36 ii. Buffers adjacent to non-residential uses shall include a shared 10 37 foot wide buffer. Each property must contribute a minimum of 5 feet 38 to the buffer. This buffer area may be provided in the form of 39 landscaped area with plantings consistent with the Type A buffer 40 requirements and/or hardscaped courtyards, mini-plazas, outdoor 41 eating areas, and building foundation planting areas. This buffer 42 requirement is not required in the side yard between non-residential 43 uses that share a common wall or between shared parking facilities. 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 52 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 2 3 BGTCRA Redevelopment Area Figure 18 4 Shared Buffer Diagram 5 (For illustrative purposes only) 6 7 iii. Road Right-of-Way Buffers: Road right-of-way buffers for multi-8 family (excluding house and rowhouse building types) and non-9 residential developments are encouraged to coordinate with and 10 complement the Bayshore Gateway Triangle Streetscape 11 Guidelines. 12 13 a) Developments within an Activity Center must provide a 20 14 foot Type D buffer adjacent to US 41, Tamiami Trail, 15 meeting the design standards of LDC section 4.06.02 C.4. 16 17 b) All other developments shall provide a buffer consisting of 18 one of the following: 19 20 1) Minimum 10 foot wide Type D buffer meeting the 21 design standards of LDC section 4.06.02 C.4. 22 23 2) A hardscaped area extending from the back of the 24 street planting zone to the primary front façade. The 25 hardscaped area shall perform as an expanded 26 public realm and may include benches, outdoor 27 eating areas, plazas, fountains, and art pieces. 28 29 3) A streetwall consistent with standards of LDC 30 section 4.02.16 E.3.c.ii where a parking lot for non-31 residential uses abuts the right-of-way of Bayshore 32 Drive, Van Buren Avenue, Thomasson Drive in the 33 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 53 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx BZO and US 41, Davis Boulevard, and Commercial 1 Drive in the mini-triangle portion of the GTZO. 2 3 4 5 6 BGTCRA Redevelopment Area Figure 19 7 Road Right-of-Way Buffer Diagram 8 (For illustrative purposes only) 9 10 3. Parking Lot Landscaping: 11 12 a. A maximum of 30 percent of the landscape islands may have a minimum 13 width of 5 feet inside planting area and may be planted with a palm tree 14 equivalent. 15 16 b. Minimum tree size shall be 1-¾" caliper and a minimum of 10 feet in height. 17 18 c. Parking lot perimeter: 19 20 i. Parking lots shall include perimeter planting areas that are a 21 minimum of 5 feet in width. Shrubs shall be arranged in a staggered 22 pattern with a minimum size of 3 gallons at the time of planting to 23 provide year-round screening. Trees shall be included in the 24 perimeter landscape area at a minimum spacing of one tree/palm 25 per 25 feet of linear frontage. 26 27 ii. Streetwalls shall be used when surface parking lots for non-28 residential uses abut the right-of-way of Bayshore Drive, Van Buren 29 Avenue, Thomasson Drive in the BMUDBZO and US 41, Davis 30 Boulevard, and Commercial Drive in the mini-triangle portion of the 31 GTMUDGTZO. 32 33 a) The wall shall complement the materials and colors of the 34 primary buildings and be 3 to 4 feet in height and shall have 35 a 12 inch projection or recess a minimum of every 15 feet. 36 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 54 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 b) The streetwall shall be set back the same distance as the 2 primary building façade; however, the streetwall shall meet 3 County standards for site distance triangles per LDC section 4 4.06.01 D.1. 5 6 c) The street side of the streetwall shall have trees at 30 feet 7 on center planted within tree wells or a minimum 5 foot wide 8 strip with ground covers other than grass. 9 10 d) The streetwall structure shall be protected through the use 11 of a root barrier system as identified by LDC section Figure 12 4.06.05.H.A. 13 14 e) No streetwall is required if all of the parking is located in rear 15 of the development. 16 17 4. Building Foundation Planting: Building foundation plantings shall be required per 18 LDC section 4.06.05 of the LDC, except as follows. The building shall provide the 19 equivalent of 10 percent of its gross ground level floor area, in building foundation 20 planting area. A continuous building foundation planting width is not required per 21 LDC section 4.06.05 of the LDC. However, the foundation plantings shall be 22 located within 25 feet of the building edge in the form of landscaped courtyards 23 and seating area landscaping. 24 25 5. Water Management Area: The water management area may be located within any 26 required buffer area provided all buffer plantings can be accommodated. 27 28 6. Plant Materials: Landscaping in the BMUDBZO and GTMUDGTZO shall utilize tree 29 and shrub plants that are identified in the Collier County Native Plant List in order 30 to minimize maintenance and water demands after establishment. Ornamental 31 plantings should be drought-tolerant in nature, consistent with Florida Yards & 32 Neighborhoods Program, and cross-referenced with the latest Florida Exotic Pest 33 Plant Council (FLEPPC) listing of invasive species (Categories I and II). 34 35 F. Parking Standards. The purpose of the parking standards for the BMUDBZO and 36 GTMUDGTZO is to regulate the location, siting, and design of on -street and off-street 37 parking in a manner that provides convenient access to adjoining uses, reduces increased 38 surface level heat and glare, and enhances pedestrian, bicyclist and motorist safety and 39 visibility within the built environment. Parking in the BMUDBZO and GTMUDGTZO shall 40 be as provided for in LDC section 4.05.00, except as specified in this section. 41 42 1. Parking Space Requirements: Parking spaces shall be provided in accordance 43 with the following table. For uses not specifically listed, the most similar category 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 55 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx shall be used to calculate the minimum parking requirements. Net Floor Area is 1 defined as total floor area excluding mechanicals and core space. 2 3 Table 1. Parking Space Requirements in the BMUDBZO and GTMUDGTZO 4 5 Use Type Minimum Parking Spaces Single-Family Residential 2.0/dwelling unit Multi-family Residential 1-bedroom 1.0/dwelling unit 2-bedroom 1.5/dwelling unit 3 or more bedrooms 2.0/dwelling unit Lodging 1.0/room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly/Museum/Gallery 1/500 sq. ft. of net floor area open to the public Institutional 1/300 sq. ft. of net floor area General Office 1/350 sq. ft. of net floor area Retail 1/300 sq. ft. of net floor area Restaurant1 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial/Manufacturing 1/500 sq. ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area Marinas and Boatyards 1/5 dry boat storage spaces Outdoor display and outdoor sales of boats, vehicles, construction materials, and equipment 1/1,000 sq. ft. for outdoor display and sales area 6 Note: 1 Outdoor café seating shall be exempt from parking calculations. 7 8 2. Adjustments to Parking Space Requirements: Developments which meet any of 9 the following standards may be exempted from the minimum parking requirements of this 10 section. 11 12 a. Public parking facilities. The CRA can make parking on CRA owned 13 property available to meet the minimum parking requirements for new 14 construction or redevelopment projects. An applicant must provide 15 documentation stating the parking allocation has been approved by the 16 CRA as part of the MUP, site development or site improvement plan 17 process. The public parking facility must be located within one-half mile of 18 the development. Once spaces are allocated to a specific property through 19 the approval of the MUP, SDP or SIP, the applicant has one year to begin 20 utilizing the parking. If the spaces are not used within one year , and an 21 extension is not granted by the CRA, the spaces will be made available for 22 reallocation and all development orders shall be revised accordingly. 23 24 * * * * * * * * * * * * * 25 26 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 56 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx f. Connectivity. Parking lots are encouraged to connect to adjacent lots 1 through the use of a joint access easement. If a joint access easement is 2 provided for connectivity, then the minimum parking requirement for the 3 use may be reduced by 10 percent. 4 5 6 7 BMUDBZO and GTMUDGTZO Area Figure 20 8 Parking Diagram 9 (For illustrative purposes only) 10 11 3. On-Street Parking. 12 13 a. On-street parking may be allowed on local streets subject to an approved 14 right-of-way permit to construct parking spaces in the public right-of-way. 15 If swale enclosure is proposed, the design must comply with criteria 16 established in a stormwater plan approved by the South Florida Water 17 Management District for the geographic area of the project. 18 19 b. Any improvements within the right-of-way are subject to removal from the 20 right-of-way, or reset or relocation thereon as required and so notified by 21 the County, and at the expense of the owner, his successor, or assignees. 22 23 bc. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is 24 not required to be striped. For every 5 on-street parking spaces provided, 25 a landscape island that is 8 feet wide and 15 feet long and is surrounded 26 by Type D concrete curbing shall be provided, in addition to the pedestrian 27 clear zone landscape requirement. The corners adjacent to the travel lane 28 shall be angled at least 45 degrees away from perpendicular with the curb 29 in order to provide adequate ingress and egress from each parallel parking 30 space. Each island shall be planted with hedges, groundcover and/or 31 grasses less than 36 inches high and shall contain at least one small to 32 medium ornamental tree that is a minimum of 8 feet tall at the time of 33 planting. 34 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 57 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 cd. Angled parking may be 45 degrees or 60 degrees from the travel lane. 2 Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 3 on-street parking spaces provided, a landscape island that is 12 feet wide 4 and 15 feet long and is surrounded by Type D concrete curbing shall be 5 provided, in addition to the pedestrian clear zone landscape requirement. 6 The island shall be planted with hedges, groundcover, and/or grasses less 7 than 36 inches high and shall contain at least one small to medium 8 ornamental tree that is a minimum of 8 feet tall at the time of planting. 9 10 4. Off-Street Parking Location: Off-street parking is encouraged to be located to the 11 side or rear of the building in order to establish a pedestrian friendly environment. 12 Off-street parking in front of buildings abutting Bayshore Drive an d Thomasson 13 Drive in the BMUDBZO and US 41, Davis Boulevard and Commercial Drive in the 14 mini-triangle area of the GTMUDGTZO shall not exceed 50 percent of that 15 building's parking requirements and shall be limited to a single-aisle double loaded 16 parking lot. Parking lots abutting Bayshore Drive may have perimeter walls 17 functioning as pedestrian seating or public art walls. 18 19 * * * * * * * * * * * * * 20 21 H. Murals. Murals are allowed as public art within the Bayshore Gateway Triangle 22 Redevelopment Area BGTCRA subject to the following conditions: 23 24 # # # # # # # # # # # # # 25 26 4.02.17—4.02.21 – Reserved. 27 28 Editor's note— Ord. No. 12-39, §§ 3.D—3.H, adopted September 25, 2012, repealed §§ 4.02.17—29 4.02.21, which pertained to design standards for development in the BMUDBZO—Waterfront 30 Subdistrict; Residential Subdistrict (R1); Residential Subdistrict (R2); Residential Subdistrict (R3); 31 Residential Subdistrict (R4) and derived from Ord. No. 06-08, §§ 3.K, 3.L, 3.O; Ord. No. 06-63, 32 §§ 3.R, 3.S; Ord. No. 07-68, §§ 3.D—3.G. 33 34 # # # # # # # # # # # # # 35 36 4.02.35, 4.02.36 – Reserved 37 38 Editor's note— Ord. No. 12-39, §§ 3.I, 3.J, adopted September 25, 2012, repealed §§ 4.02.35, 39 4.02.36, which pertained to design standards for development in the GTZOGTMUD Mixed Use 40 Subdistrict (MXD); Residential Subdistrict (R) and derived from Ord. No. 06-08, §§ 3.P, 3.Q; Ord. 41 No. 06-63, §§ 3.U, 3.V; Ord. No. 07-68, §§ 3.H, 3.I; Ord. No. 10-23, § 3.V. 42 43 # # # # # # # # # # # # # 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 58 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 10.02.15 – Requirements for Mixed Use Projects within the Bayshore Gateway Triangle 1 Community Redevelopment Area 2 3 A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway 4 Triangle Redevelopment Area designated as Neighborhood Commercial (BMUDBZO-5 NC), Waterfront (BMUDBZO-W), and Mixed Use (GTMUDGTZO-MXD) Subdistricts may 6 submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture 7 of residential and commercial uses, as permitted under the Table of Uses for the 8 appropriate subdistrict. Applications for a MUP may be approved administratively or 9 through a public hearing process as described in this section. A pre-application meeting 10 is required for all MUP applications. 11 12 1. Administrative Approval: 13 14 a. MUPs may be approved administratively provided they meet the following 15 conditions: 16 17 i. The MUP complies with all site development standards as outlined 18 in LDC section 4.02.16 of the LDC; 19 20 ii. The MUP only includes permitted uses as outlined by the Table of 21 Uses for the subdistrict in which it is located; and 22 23 iii. The MUP does not seek additional density through the Bonus 24 Density Bonus Pool Allocation provisions of LDC section 10.02.15 25 C. 26 27 2. MUPs Requiring Public Hearing: 28 29 a. MUPs that do not meet the thresholds for administrative approval may be 30 approved by the Board of Zoning Appeals (BZA) through a public hearing 31 process. 32 33 * * * * * * * * * * * * * 34 35 d. After a Mixed Use Project has been approved by the BZA, the applicant 36 shall submit a site development plan (SDP) consistent with the conceptual 37 site plan approved by the BZA and meeting the requirements of LDC 38 section 10.02.03 B.1. of the LDC. The SDP may be submitted concurrent 39 with the MUP application at the applicant's risk. 40 41 e. MUP approval shall expire and any residential density bonus units shall be 42 null and void and returned to the bonus density bonus pool allocation if any 43 of the following occur: 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 59 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 1 * * * * * * * * * * * * * 2 3 ii. The SDP under review is deemed withdrawn and cancelled, 4 pursuant to LDC section 10.02.03 H.1. 10.02.03 B.4.a. 5 6 iii. The SDP is considered no longer valid, pursuant to LDC section 7 10.02.03 H.2. and LDC section 10.02.03 H.3.10.02.03 B.4.b. and c. 8 9 * * * * * * * * * * * * * 10 11 B. MUP Deviations. 12 13 * * * * * * * * * * * * * 14 15 2. List of Development Standards Eligible for Administrative Deviation Requests. 16 MUPs shall be eligible to seek an administrative deviation from the following LDC 17 provisions: 18 19 * * * * * * * * * * * * * 20 21 d. Parking Standards. These deviation requests shall be subject to the 22 process and procedures of LDC section 4.05.04 F.42. 23 24 * * * * * * * * * * * * * 25 26 C. Bonus Density Bonus Pool Allocation. Under the Collier County Future Land Use 27 Element, bonus density units are available for reallocation within the BGTCRA 28 Bayshore/Gateway Triangle Redevelopment Overlay. The County Manager or designee 29 will track the Bonus Density Bonus Pool Allocation balance as the units are used. These 30 bonus density units may be allocated between the BMUDBZO and GTMUDGTZO 31 overlays, and shall only be allocated through a public hearing approval process. 32 33 To qualify for up to 12 dwelling units per acre, projects shall comply with the following 34 criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus 35 density pool has been depleted. 36 37 1. The project shall be within the Neighborhood Commercial (BMUDBZO-38 NC), Waterfront (BMUCBZO-W), or Commercial Mixed Use 39 (GTMUDGTZO-MXD) Subdistricts, and shall be a mixed use project. 40 41 # # # # # # # # # # # # # 42 43 44 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 60 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx 10.03.06 – Public Notice and Required Hearings for Land Use Petitions 1 2 This section shall establish the requirements for public hearings and public notices. This 3 section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 4 Code, which further establishes the public notice procedures for land use petitions. 5 6 A. Ordinance or resolution that is initiated by County or a private entity which does not change 7 the zoning atlas or actual list of uses in a zoning category but does affect the use of land, 8 including, but not limited to, land development code regulations as defined in F.S. § 9 163.3202, regardless of the percentage of the land affected. This is commonly referred to 10 as a LDC amendment. 11 12 * * * * * * * * * * * * * 13 14 N. Ordinance or resolution for an mixed use project (MUP) located in the mixed use 15 subdistrict of the BZO or GTZO overlay which seeks to utilize the Bonus Density Bonus 16 Pool Allocation or request deviations exceeding administrative approval, pursuant to LDC 17 section 10.02.15: 18 19 # # # # # # # # # # # # # 20 61 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2022\Jan 25\Meeting Materials\PL20210001222 - Bayshore CRA Updates (12-10-2021).docx Chapter 110 – ROADS AND BRIDGES[1] 1 2 * * * * * * * * * * * * * 3 4 ARTICLE II. – CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY[2] 5 6 DIVISION 1. – GENERALLY 7 8 * * * * * * * * * * * * * 9 10 Except as specifically set forth in the Bayshore Gateway Triangle Community Redevelopment 11 Area in LDC section 4.02.16.F(3) and in the "Collier County Swale/Culvert Ordinance Naples 12 Park," set forth below in Section 110-41 et seq., the enclosure of swales within the public rights-13 of-way is hereby prohibited. The transportation administrator or his designee is authorized to 14 review and approve deviations from this policy when documented by substantial competent 15 evidence in accordance with the guidelines set forth in the handbook. In addition, the 16 transportation administrator or his designee will continually inspect existing culverts and swale 17 enclosures within the public rights-of-way to ascertain their condition and their effect on the 18 roadside drainage system, and will require any necessary repairs and improvements to existing 19 culverts and swale enclosures located within the public rights-of-way. 20 21 # # # # # # # # # # # # # 22