Agenda 03/22/2022 Item #17F (PL20210001222)03/22/2022
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]
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.
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
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 April 12, 2022.
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.
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03/22/2022
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:
• 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 IMPACT: There is no fiscal impact associated with this action for PL20210001222.
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 - Draft Ordinance (03-08-2022) (PDF)
2. PL20210001222 - ND-GCI0829588-01 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 21532
Item Summary: *** This item has been continued from the January 25, 2022, February 8, 2022,
February 22, 2022, and March 8, 2022 BCC Meetings and is further being continued to the March 22,
2022 BCC Meeting. 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]
Meeting Date: 03/22/2022
Prepared by:
Title: – Zoning
Name: Mike Bosi
03/04/2022 7:57 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
03/04/2022 7:57 AM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 03/04/2022 7:58 AM
Growth Management Department Mike Bosi Additional Reviewer Skipped 03/04/2022 7:59 AM
Growth Management Department Mike Bosi Transportation Skipped 03/04/2022 7:59 AM
Growth Management Department James C French Additional Reviewer Completed 03/04/2022 7:12 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/07/2022 8:22 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/10/2022 1:48 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/13/2022 8:50 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2022 9:39 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/16/2022 12:01 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
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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, 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]
Recitals
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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:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
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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
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
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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
Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
* * * * * * * * * * * * *
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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
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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:
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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,
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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
Use DistrictGTZO that coincide with Mixed Use Activity Center #16 as
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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:
a) Residential: Premises available for long-term human
habitation by means of ownership and rental, but excluding
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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.
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
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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
Care
P
9) Personal Care Services P
10) Post Office P
11) Professional Office or Service P
12) Rental Services - P
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Equipment/Vehicles
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
6) Religious Institution CU CU
7) Schools - Elementary and
Secondary
P
8) Schools - Vocational and Technical CU
h) INFRASTRUCTURE
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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.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA
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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.
5Property zoned C-3 shall have a minimum lot width of 75 feet.
6Not applicable to guest rooms in hotels.
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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:
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
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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:
1See LDC 4.02.16.A.7 regarding Duplexes.
2See LDC 4.02.16.A.7 regarding Two-Family Dwellings.
3Applies to individual unit.
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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.
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
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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.
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.
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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:
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.
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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:
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.
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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.
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:
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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.
d. Shared studio and/or gallery space shall be provided for the use of all
residents of the artist village.
* * * * * * * * * * * * *
6. Live-Work Units.
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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
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
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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.
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.
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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
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
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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.
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.
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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
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
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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.
10.13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use
developments on two contiguous acres or less.
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 BMUDBZO or GTZOGTMUD as applicable.
* * * * * * * * * * * * *
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v. Development must comply with eligibility criteria in LDC section
4.02.16 C.1215.
* * * * * * * * * * * * *
d. Evaluation criteria. The application shall be reviewed by the Hearing
Examiner or CCPC for compliance with the following standards of
approval:
* * * * * * * * * * * * *
vi. Compliance with the public realm improvement requirements in
LDC section 4.02.16 C.1215.
* * * * * * * * * * * * *
11.14. 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.1215.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
b. As an alternative or offset to the monetary contribution of LDC section
4.02.16 C.12.15., 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:
* * * * * * * * * * * * *
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.12.15.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 Bayshore Gateway Triangle
Redevelopment Area boundary.
* * * * * * * * * * * * *
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13.16. 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
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 as well the height allowed within the underlying zoning
district, BZO, or GTZO. 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.
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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)
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)
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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.
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:
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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
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
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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.
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.
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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.
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.
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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
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.
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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.
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
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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:
* * * * * * * * * * * * *
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).
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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.
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
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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.
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)
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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.
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:
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* * * * * * * * * * * * *
g. Façade Elevation Details:
* * * * * * * * * * * * *
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.
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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.
* * * * * * * * * * * * *
10. Building Type: MOBILE HOME. All mobile homes are required to have the entry façade
oriented toward the front of the lot.
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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.
BGTCRA Redevelopment Area Figure 18
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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.
BGTCRA Redevelopment Area Figure 19
Road Right-of-Way Buffer Diagram
(For illustrative purposes only)
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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.
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.
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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
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.
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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)
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.
* * * * * * * * * * * * *
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
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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:
* * * * * * * * * * * * *
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:
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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.
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.
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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.
* * * * * * * * * * * * *
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.1013.
* * * * * * * * * * * * *
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
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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-00124/147
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)on March 8,2022,in
the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 Ta miami Tr ail East,Naples,FL,to consider the
enactment of County Ordinances.The meeting will commence at 9:00 A.M.The titles of the proposed Ordinances are as follows:
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 AT LAS,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 ALLOCAT ION
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]
AND
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]
Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to
attend and be heard.
NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be
addressed.Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or
group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent
part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as
well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the
specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events
after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within
the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting.Remote participation is provided as a courtesy and is at the user’s risk.The County is not responsible for technical
issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need
to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,
to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Ta miami Tr ail East,Suite
101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are
available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL,JR.,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Martha Vergara,Deputy Clerk ND-GCI0829588-01AirportRDS5t
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Packet Pg. 1788 Attachment: PL20210001222 - ND-GCI0829588-01 (21532 : Bayshore CRA Updates (LDCA))