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DSAC-LDR Backup Documents 03/21/2023DSAC-LDR Subcommittee Backup Documents March 21, 2023 Attendance Sign -In Sheet Development Services Advisory Committee — Land Development Review Subcommittee Tuesday, March LI, 2023 GIVID Building, Conference Room 609/610 3:00 PM Committee Members Clay Brooker Jim Boughton Jeff Curl Blair Foley Mark McLean Robert Mulhere Mario Valle Adrr Orj William Varian \ 0 Staff Members Eric Johnson, LDC Planning Manager Richard Henderlong, Planner III Zal< Karto, Planner III r� l" Michele Mosca, Planner III, Comprehensive Planning Public Name Representing Contact Information Laura DeJohn, Senior Planner Johnson Engineering S/ c a Cd�9 Development Services Advisory Committee Public Speaker Request Form This form is to be filled out PRIOR to the subject being heard and the completed form should be given to the staff liaison before the meeting begins. Agenda Item Title: _ NAME: ADDRESS: `7 r LLJ , tiye_ PLEASE PRINT CLEARLY REPRESENTING:L-- Item No: LJ YOU WILL BE LIMITED TO (3) MINUTES FOR YOUR COMMENTS AND YOU ARE TO ADDRESS THE CHAIR ONLY. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, qR COMMITTEE CLAY COLY69 pE�E�oPr�E►.rr 34S&VXE:3 Arjvt30C MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON S L I 5+A `lV E 50tAT14 WHICH I SERVE IS AUNIT OF: CITY COUNTY 0 CITY COUNTY ❑ OTHER LOCAL AGENCY GOLL1 E/. NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED COL��E2 C� N N7� MY POSITION IS: �l%/1� Cis Z I ZoZ3 ❑ ELECTIVE t APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, ar other local level of government an an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAINfrom knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163,357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter -In-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * w w x w * w w w w w w * w ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR T4 THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating In these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN; • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM $B - EFF. 1112013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F,A.C. APPOINTED OFFICERS {continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING; • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one or more} inured to my special priva#e gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of 1174 O PRoP�i2T� is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b} The measure before my agency and the nature of my conflicting interest In the measure is as follows: PRoPE�wr%j, �� oWNs PAnPERV flN o ►r p LA 14 S -fo su 614 ► T �,,� 46 095 �, j A WAy TWAT MAY Co►J fL.14':7f jet )T44 o6.! )?lJ1M T/SI E l�� sED zo N )►J� /4PPL►G-TtoNs To &5ve roP T,41T jPA 111 E lPy?,OPoSGD OV E LLAY . by which If disclosure of specific information would violate confidentiality or privilege pursuant to faw or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date F'tled NOTICE; UNDER PROVISIONS OF FLORID CONSTITUTES GROUNDS FOR AND MAY REMOVAL OR SUSPENSION FROM OFFICE06 CIVIL PENALTY NOT TO EXCEED $10,0001 Signature ILURE TO � STATUTES §112.317, A FAMAKE ANY REQUIRED DISCLOSURE BE PUNISHED BY ONE OR MORE OF THE IrOLLOWING: IMPEACHMENT, OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. G�UU�1U o � �v�IZ InV1 CUBX UI DUM U F �� Cc T UU �'0 MVI��C T FOR UU�IUU9 PvgU�U UU U9 ;`U OTHER LOCALUU L U o FE� NAME —FIRST NAME—MIpDLE NAME MAILING ADDRI=SSA CITY DATE ON WHICH VOTE OCCURREp COU --z�fz3 NAME OF B ARD, COUNCIL., COMMISSION, AUTHORITY, OR COIUIMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE ISAUNITOF: CITY �OUNTY ❑ OTHER LOCALAGENCY NAME OF POLJTICAL5t�86NISION: ® ELECTNE Ck APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your respansibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss, Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained {including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or lass of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (GRAs) under Sec. 163.356 or 163.3571 F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relatives includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in�iaw, and daughter-in-law. A "business associate° means any person ar entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). 1n addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM SB - EFF, 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued} • A copy of the form must be provided immediately to the other members of the agency. - • The farm must be read publicly at the next meeting after the farm is filed. IF YOU MAKE NO ATTEMPTTO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and fife it within � 5 days after the vote occurs with the person responsible for recording the minutes. of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. 1SCLOSUI�E OF LQCAL OFF[CER'S INTERES hereby disclose that on (a) A measure came or will come befiare my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or Ions of whom I am retained; or I inured to the special gain or loss of is the parent subsidiary, or silaling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the fnterest in such a way as to provide the public with notice of the conflict. 3�z�-z Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §9�2.3�7, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIV{L PENALTY NOT TO EXCEED �'Ig,ODO. C� FORNf 8B - EFF. 11/2413 PAGE 2 Adopted by reference fn Rule 34-7.O�fo(9)(t}, F.A.C. Co ,e-r County Growth Management Community Development Departm, 2023 Land Development Code Amendments - Public Meeting - Development Services Advisory Committee - Land Development Review Subcommittee Tuesday, March 21, 2023 3:00 p.m. 2800 N. Horseshoe Dr., Naples, FL Growth Management Community Development Department Building Conference Room 609/610 Agenda: 1. Call to Order 2. Approve Agenda 3. Old Business 4. New Business a. PL20220008725 — US 41 East Zoning Overlay (US 41 EZO) 5. Public Comments 6. Reminder of Next DSAC-LDR Subcommittee Meeting Date: a. May 16, 2023 (will discuss alternate dates for the December meeting) 7. Adjourn For more information please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov Co ier c;0-unty Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20220008725 ORIGIN Board of County Commissioners (Board) HEARING DATES BCC TBD CCPC TBD SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment proposes the US 41 East Zoning Overlay (US 41 EZO) along the US 41 East corridor (Tamiami Trail East). The overall purpose is to implement general concepts, development, and design standards as well as the recommendations derived from community input and the East Naples Community Development Plan (ENCDP). LDC SECTION TO BE AMENDED 01.08.02 Definitions 02.03.07 Overlay Zoning District DSAC TBD 04.02.43 Design Standards for the US 41 East Zoning Overlay (US 41 DSAC-LDR 3/21/2023 EZO) (New Section) 10.03.06 Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC TBD TBD TBD BACKGROUND On February 14, 2017, the Board directed staff to engage the East Naples community in a public planning process to identify and incentivize desired land uses and development along the US 41 East (Tamiami Trail) corridor. On April 24, 2018, staff and their consultant, Johnson Engineering, Inc., presented the US 41 Corridor Study (Corridor Study) to the Board. The Corridor Study included four meetings to engage the public and solicit community input and resulted in recommendations that included: a community -based branding project, land use preferences, strategy to limit undesirable uses, landscaping preferences, and transportation needs. Following the Corridor Study, staff received Board direction to prepare a community development plan for the East Naples community that would establish a vision for the area to guide future development and redevelopment. In January 2020, the consulting firm of Tindale Oliver contracted with the Board to prepare the East Naples Community Development Plan. In October 2020, the East Naples Community Development Plan (ENCDP) was accepted by the Board of County Commissioners. The development of the ENCPD included an extensive public input process culminating in a community plan that guides land uses and development, promotes various transportation modes, highlights the community's assets/improvements, provides follow-up efforts to address topics of community interest, and provides steps on implementation. The ENCDP prioritizes the development and implementation of a zoning overlay along the US 41 East corridor (Tamiami Trail East), specifically providing for its establishment within 5-years from the date of acceptance by the Board. An objective of the US 41 EZO is to promote the strategic placement of land uses to enhance the community's sense of place by providing guidance on future development and redevelopment projects that expand employment opportunities, leisure activities, dining, and shopping to meet the growing needs of the community. Additionally, the US 41 EZO addresses land uses deemed undesirable by the community that are intended to be interspersed throughout the county and proximate to the residents and businesses they serve; these uses include self-storage/mini-storage warehousing, gasoline service stations, car washes, fast food restaurants with drive-thru windows, and outdoor display, sale and storage uses. In 2021, the County contracted with Johnson Engineering, Inc. to assist with preparing the US 41 EZO to ensure G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Co ier c;0-unty Growth Management Community Development Department Zoning Division consistency with the ENCDP. The community has been actively engaged with staff and the County's consultant in developing the US 41 EZO for the segment of US 41 East that generally begins at Palm Drive (near the Collier County government center) and extends to the east side of Port of the Islands. During the months between January and November 2022, the project team conducted staff team meetings, and stakeholder and community meetings to solicit input on the development and design standards for residential, mixed -use, and commercial development, and spacing criteria for commercial uses, in part, to address the undesirable uses identified in the ENCDP. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY No fiscal impacts are anticipated. However, To be provided by Comprehensive Planning Staff after the workload of the Collier County Planning first review. A companion Growth Management Plan Commission has the potential to increase due (GMP) amendment petition has been submitted to the creation of the deviation process, concurrent with this zoning overlay to provide for the resulting in an operational impact. proposed increase in density and intensity of uses Notwithstanding the potential benefits gained allowed by the overlay. Therefore, the proposed from relaxing certain development standards zoning overlay may be deemed consistent with the and allowing a vast array of new uses, there Future Land Use Element of the GMP once the GMP is a potential impact to property owners if amendment is adopted and becomes effective. existing buildings become non -conforming once the US 41 EZO is adopted. EXHIBITS: A) US 41 East Zoning Overlay Map 1 B) US 41 East Zoning Overlay Map 2 C) US 41 East Zoning Overlay Map 3 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Amend the LDC as follows: 1.08.02 — Definitions Text underlined is new text to be added Text strikethrei gh is GLIFFeRt teXt to he deleted Mean high-water line: The intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws of Florida. Micromobility: Any small, low -speed, human- or electric -powered transportation device, including bicycles, scooters, electric -assist bicycles, electric scooters (a.k.a. e-scooters), Low Speed Electric Vehicles (LSV), and other small, lightweight, wheeled conveyances. 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 Zoning Overlay District or the Gateway Triangle Zoning Overlay District, such a petition may include a request for increased density by use of density bonus pool units. Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. Structural Cell: A structural cell is a modular suspended pavement support system that allows for the retention of greater amounts of lightly compacted soil beneath pavement while supporting traffic loads. The purpose of a structural cell is to support large tree growth, provide on -site stormwater management through absorption, evapotranspiration, and interception, pavement protection. Subdivision: The division of land, whether improved or unimproved, into 3 or more contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which do not equal or exceed 10 acres, for the purpose, whether immediate or future, of transfer of ownership or development; or any division of land if the extension of an existing street or the establishment of a new street is involved to provide access to the land. The term includes resubdivision, the division of land into 3 or more horizontal condominium parcels or horizontal cooperative parcels, and the division or development of residential or nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, map, plat, horizontal condominium parcels, horizontal cooperative parcels, or other recorded instrument, and, when appropriate to the context, means the process of subdividing or to the lands or areas subdivided. # # # # # # # # # # # # # 2.03.07 — Overlay Zoning Districts 3 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str.kethre nh 'c GLIFFGRt text to he deleted R. US 41 East Zoning Overlay (US 41 EZO). Purpose and Intent. The purpose and intent of the US 41 East Zoning Overlay district (US 41 EZO) is to implement certain concepts and recommendations of the East Naples Community Development Plan (ENCDP). This is accomplished through the establishment and designation of three overlay subdistricts as described in 2.03.07 R.3. below: Regional Center Subdistrict, Community Center Subdistrict, and Corridor Subdistrict. 2. Applicability. a. Unless otherwise expressly stated, the use regulations of this section and the design standards of LDC section 4.02.43 shall apply to all properties within the US 41 EZO, as shown in Maps 1 - 3 of LDC section 2.03.07 R.3.b. For a PUD established prior to [INSERT ADOPTION DATE], 2023, a PUD amendment is not needed for a property owner to utilize the uses and design standards of the US 41 EZO to apply. Uses that are existing as of [INSERTADOPTION DATEI may continue to operate as a permitted use until the use ceases for a period of one year, then the design standards of LDC section 4.02.43 shall aDDly. Properties located within the Port of the Islands that are also within the boundary of the US 41 EZO are subject to the Port of the Islands Development Agreement of 1985 and are not subject to the use regulations of the US 41 EZO. 3. Establishment of Subdistricts. a. Purpose and Intent. The US 41 East Zoning Overlay Regional Center Subdistrict (US 41 EZO-RC). The US 41 EZO-RC is intended to promote medium to high intensity mixed -use development, economic development uses, commercial, office, and residential development at the major intersections identified on the FLUM as Activity Centers #16, #17, and #18, excluding property located within the Bayshore Gateway Triangle Community Redevelopment Area. These centers accommodate residential and mixed -use living environments that provide access to goods, employment, dining, entertainment, and services for regional and local residents. Development is typically compact and urban in character. Incentives relative to height and density allowances have been established in LDC section 4.02.43 to encourage a pedestrian/transit-friendly development pattern. ii. The US 41 East Zoning Overlay Community Center Subdistrict (US 41 EZO-CC). The US 41 EZO-CC is intended for moderate to low intensity mixed -use development, economic development uses, commercial. office, and residential development at kev 4 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 intersections. These centers accommodate residential and mixed - use living environments that provide nearby residents and other travelers along the corridor convenient access to goods, dining, entertainment, and services. Incentives relative to height and density allowances have been established in LDC section 4.02.43 H. to encourage a pedestrian/transit-friendly development pattern. iii. The US 41 East Zoning Overlay Corridor Subdistrict (US 41 EZO- COR). The US 41 EZO-COR is intended to allow uses in the underlying zoning districts and economic development uses (except economic development uses are not allowed on those properties designated Conservation on the Future Land Use Map and Port of the Islands). This Subdistrict establishes use regulations and design standards for commercial and economic development uses. Boundaries of US 41 EZO and Subdistricts. The boundaries of the US 41 EZO and Subdistricts are identified in MaDs 1 - 3 below: [INSERT MAP(S)1 Map 1-US 41 East Zoning Overlay Map 2-US 41 East Zoning Overlay Map 3- US 41 East Zoning Overlay 4. Table of Uses. a. The Table of Uses identifies Dermitted and conditional uses in the US 41 EZO. Any existing permitted or conditional use in an underlying zoning district remains permitted or conditional. Any substantial improvement to an existing permitted or conditional use is subject to the design standards of LDC section 4.02.43, as applicable. Once a conditional use has been discontinued for a period of one year, it is subject to the additional design standards of LDC section 4.02.43, as applicable. New conditional uses require approval in accordance with the procedures set forth in LDC section 10.08.00. b. Table 1 Uses 5 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added Text strikethre nh is current text to he deleted Use Category Regional Community Center Subdistrict US 41 EZO-CC Corridor Subdistrict Center Subdistrict US 41 EZO-RC U( S 41 EZO-COR) Residential Uses 1 Artist village. P P 2) Mixed -Use Development including, Multi- P P Family and/or townhouses. 3 Live -work units. P P Commercial Uses' 1 Hotels and motels 7011 7021 and 7041 P I P Economic Development Uses' 2,3 1 Aircraft and parts 3721-3728 . P Cu Cu 2 Beverages 2082-2087 . P Cu Cu 3 Communications a ui ment 3661-3669 . P Cu Cu 4 Computer and office a ui ment 3571-3579 . P Cu Cu 5 Dental laboratories 8072 . P Cu Cu 6 Drugs 2833-2836 . P Cu Cu 7 Electrical industrial apparatus 3621-3629 . P Cu Cu 8) Electric lighting and wiring equipment (3641— P Cu Cu 3646 3648. 9) Electric transmission and distribution P Cu Cu e ui ment 3612-3613 . 10) Electronic components and accessories P Cu Cu 3671-3679 . 11 Engines and turbines 3511-3519 . P Cu Cu 12) Furniture and fixtures, not elsewhere P Cu Cu classified(2599. 13) General industrial machinery and equipment P Cu Cu 3561 3563 3565-3569 . 14) Household appliances, not elsewhere P Cu Cu classified(3639. 15) Household audio and video equipment, and P Cu Cu audio 3651-3652. 16) Jewelers' findings and materials, and lapidary P Cu Cu work 3915 . 17) Laboratory apparatus and analytical, optical, P Cu Cu measuring, and controlling instruments (3821- 3829 . 18) Manufacturing industries, not elsewhere P Cu Cu classified(3999. 19) Metalworking machinery and equipment P Cu Cu 3546 and 3548 . 20) Miscellaneous electrical machinery, P Cu Cu equipment, and supplies (3691-3692, 3695- 3699 . GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DRAFT Text underlined is new text to be added Text otr'Lethre nh is Gurrent text to he deleted 21) Miscellaneous industrial and commercial P Cu Cu 3593-3599 . 22 Ophthalmic gooqsL3851h P Cu Cu 23 Photographic equipment and supplies 3861 . P Cu Cu 24) Refrigeration and service industry machinery P Cu Cu 3581-3582 3586-3589 . 25) Search, detection, navigation, guidance, P CU Cu aeronautical, and nautical systems and instruments 3812 . 26) Special industry machinery, except P Cu Cu metalworking 3552-3559. 27) Surgical, medical, and dental instruments and P Cu Cu supplies 3841-3845. 28) Transportation equipment, not elsewhere P Cu Cu classified(3799. 29) Watches, clocks, clockwork operated P Cu Cu devices, and parts (3873). Notes: See LDC section 4.02.43 C.13. for pollution control standards. 2 See LDC section 4.02.43 G. for additional design standards specific to Economic Development uses. 3 For properties designated Conservation on the Future Land Use Map and located within the US 41 EZO-COR economic development uses may not be allowed. # # # # # # # # # # # # # 4.02.43 — Design, Bonus Density, and Height Standards for the US 41 East Zoning Overlay (US 41 EZO) A. General for Regional Center, Community Center, and Corridor Subdistricts. 1. Regional and Community Center Subdistricts. Properties within the US 41 EZO- RC and US 41 EZO-CC shall be subject to the standards of 4.02.43 A. through I. 2. Corridor Subdistrict (US 41 EZO-COR) a. Properties within the US 41 EZO-COR with underlying zoning of commercial or commercial tracts of a PUD shall be subject to LDC sections 4.02.43 A.,C., F., G., and I. b. ProDerties with underlvina zonina of residential sinale-familv or multi-famil (only RMF-6 and RMF-12); residential tracts of PUD districts; rural agricultural (A) and estates (E) districts; civic and institutional (P and CF) districts; or open space districts (GC and CON) shall only be subject to LDC section 4.02.43 C.1. and 3. through 6. for architectural standards, and 4.02.43 F.5. for outdoor use standards. Except as stated above, properties 7 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DRAFT Text underlined is new text to be added Text str.kethre nh 'c GLIFFGRt text to he deleted shall comply with the dimensional standards for principal and accessory uses in the underlying zoning district and all other applicable LDC Standards. 3. The following provisions shall not apply to properties in the US 41 EZO: a. LDC section 4.02.01 B. (Open Space Requirements) b. LDC section 4.02.38 (Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts). C. LDC section 5.03.02 H. (Wall Requirement between Residential and Nonresidential Development). d. LDC section 5.05.07 (Townhouse Development). B. Density and height. Residential density and building height shall be per Table 1. C. Architectural, building and site design standards. 1. Dimensional and Design Standards. a. Table 1. Dimensional Reauirements in the US 41 EZO. US 41 EZO-RC US 41 EZO-CC US 41 EZO-COR Min. Lot Area (sq. ft.) Townhouse: 2,000 (per unit) All other uses: 10,000 Min. Lot Width (ft.) Townhouse: 20 All other uses: per underlying zoning district. Max. Floor Area Ratio N/A Min. Floor Area (sq. Efficiency: 450 ft.) 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) Max. Lot Coverage None. Required Yards Front Yard/ Streetscape Zone 18 ft. minimum to 25 ft. max./ All protects Per underlying zoning, shall provide a 10 ft. multiuse pathway, limited to a maximum of for US 41 (ft.)' accommodating pedestrians, bicyclists, and one double loaded drive other modes of micro -mobility. For all aisle of parking in the projects providing a front yard setback of 20 front yard. ft. or greater, the 10 ft. multiuse pathway must be designed in combination with planting, seating, or hardscaped areas. See LDC section 4.02.43 E. for additional requirements. 8 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DRAFT Text underlined is new text to be added Text strikethre nh is current text to he deleted Front Yard (Other) (ft Per underlying zoning, except that corner Per underlying zoning. lots must maintain the front yard/ streetscape along the road frontage that is perpendicular to US 41. Min. Side Yard ft. z 0 — 0 — 15 — Min. Rear Yard al! 15 - 15 - 15 - Max. Height (ft.) Townhouse: 45 Townhouse: 45 Townhouse: 35 All other uses: Per All other uses: Per All other uses: Per underlying zoning underlying zoning underlying zoning district. district. district. Max. Bonus Height' Additional 20 feet above height allowed by N/A under)ying zoning. Max. Density Per the underlying zonin district er FLUE. Max. Bonus Density' Up to 20 DU/ac4 Up to 16 DU/ac4 N/A Notes: 'No building, appurtenance, or site design element or any outdoor seating areas shall project beyond the property line or be placed into a right-of-way. 2Properties with a side or rear yard abutting residentially zoned property shall be subject to a building setback of 25 feet along the shared property line applicable to the first 25 feet of building height. For building height above 25 feet, the building is required to step - back at a 45-degree plane pursuant to LDC section 4.02.43 C.6. 3The maximum bonus height and maximum bonus density may be achieved if the project meets criteria pursuant to LDC section 4.02.43 H. 41ncudes density per the underlying zoning district per FLUE. 2. Exemptions from Design Standards Vertical Mixed Use. LDC section 5.05.08 (Architectural and Site Design Standards) shall not apply to "vertical mixed use" projects, except for the followina standards: a. LDC section 5.05.08 D.6. (Blank wall areas on buildinas with orimary facades b. LDC section 5.05.08 D.8. (overhead doors); C. LDC section 5.05.08 D.15. (neon tubing); d. LDC section 5.05.08 E.2. (self -storage buildings); e. LDC section 5.05.08 E.8. (Parking Structures), which shall be in accordance with LDC section 4.02.43 C.8.d. f. LDC section 5.05.08 F.3. (pedestrian pathways); q. LDC section 5.05.08 F.4. (service function areas and facilities); h. LDC section 5.05.08 F.6. (drive -through facilities location and buffering standards); 9 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DRAFT LDC section 5.05.08 F.7. (liahti Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted 3. Terminating vistas. Buildings or protects that terminate a vista at the end or turning point of any street or pedestrian path shall include design features to emphasize the importance of the view. Examples of design features include but are not limited to tower elements, Porte-cocheres, and cupolas. 4. Roof material. Asphalt shingles are prohibited. 5. Exterior building fagade materials. Corrugated or metal panels are limited to no more than 33 percent of exterior building facades (not applicable to roofs). 6. Architectural massing. Transitional massing elements specified in LDC section 5.05.08 D.3. shall be replaced by the following step -back requirement applicable to all buildings in the US 41 EZO: a. Properties with a side or rear vard abuttina residentially zoned Drooert shall be subject to a building setback of 25 feet along the shared property line for the first 25 feet of building height and then the building shall step back extending upward at a 45-degree angle until reaching the maximum height limit of the subdistrict, including bonus height, as indicated in the following illustration: U541 EZO 0-r-- Residential Zoning %. A5 {J� Max height ... =I 25ft 1 Figure 1: Building Step -back when Abuttinq Residential Zoning 7. Streetscape design of building facades fronting on US 41. a. Desian features at intersections. Buildinas located at the intersection of two or more roadways shall include design features to emphasize their location as gateways and transition points within the community. Examples of required design features include but are not limited to tower elements, public plazas, or courtyards. Windows. The around floor of non-residential buildinas shall have at least 60 percent of its fagade designed with windows consisting of clear glazing that shall not exceed a tint of more than 25% to provide visual interest for pedestrians and to serve as a deterrent to crime. 10 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethre nh 'c GLIFFono text to he deleted C. Building entrances. Buildings located along US 41 must be designed with main entrances for pedestrians clearly defined and oriented to US 41. 8. Landscape. Landscaping and buffering shall be provided in accordance with LDC section 4.06.00 at time of SDP or PPL, except as follows, and except if additional buffering is required for specific uses or for Economic Development uses pursuant to LDC section 4.02.43 E., F., and G. a. For purposes of implementing the US 41 EZO, palm trees shall not be substituted or considered equivalent for canopy trees. Royal Palm (Roystonea spp.) and Date Palm (Phoenix spp.) trees shall not be considered canopy trees. b. Buffers. A minimum eiaht-foot-wide landscape buffer shall be Drovided internal to the development protect along the US 41 frontage outside of the right-of-way and may only be interrupted to provide for vehicular or Dedestrian access. At a minimum. the landscape buffer shall include the followin a) Canopy shade trees spaced 40 feet on center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians if applicable. b) A continuous 3 gallon, double row hedge, spaced 3 feet on center, and a minimum of 24 inches in height at the time of planting and maintained pursuant to LDC section 4.06.05 D.4. c) The remaining area of the planting zone must contain only native vegetation, grass, ground cover, or other landscape treatment in accordance with LDC section 4.06.00. d) Provide structural cells for healthy tree growth and improved ecological function in planting zones that are eight feet in width or pursuant to LDC section 4.02.43 C.8.iii. When a development Droiect consists of a nonresidential use and is adjacent to lands located outside the US 41 EZO and zoned for residential use, a minimum ten -foot -wide landscape buffer strip with shrubs and trees shall be required unless reduced pursuant to LDC section 4.02.43 C.8.b.iii. Shrubs shall be no less than five feet in height and spaced a maximum of four feet on -center at the time of planting. Trees shall be a minimum of 10 feet in height, four feet in spread, 11/4-inch caliper, and spaced a maximum of one per 25 linear feet. These landscape buffers may be interrupted to provide for pedestrian access or vehicular interconnections onlv. 11 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethre nh 'c GLIFFono text to he deleted iii. Where a property abuts a right-of-way, access easement, or roadway that parallels US 41, the landscape buffer may be reduced to five feet with canopy trees spaced no more than 40 feet on -center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians if a 10-foot- wide easement is dedicated to the County for future development of a multiuse path along such property line. Collier County may make enhancements within the 10-foot-wide easement running adjacent to the property line for use as a multiuse path. Enhancements may include a multiuse path and urban design improvements such as street furniture, lighting and pedestrian walkways. C. Parking lots, vehicular use areas, and service function areas. Landscaping for off-street parking lots, vehicular use areas, and service function areas shall be designed in accordance with LDC section 4.06.03, except for the following: i. Interior of parking lot. a) A maximum of 30 percent of the landscape islands may have a minimum width of five feet. Provide structural cells in antina areas that are five to eiaht feet in width. b) Plantings shall be a maximum of 25 percent native turf grass. The balance shall be shrubs or groundcover in planting areas appropriate to the design. Perimeter of Darkina lot. vehicular use area. or service function area. The perimeter shall have a five -foot -wide perimeter planting area, exclusive of curbing, and structural cells shall be provided for perimeter planting area. The perimeter planting area shall be designed in accordance with the following: a) Trees a minimum of 10 feet in height, four feet in spread, 13/4-inch caliper, and spaced a maximum of one per 25 linear feet. b) Shrubs arranaed in a staaaered Dattern with a minimum size of three gallons, spaced no more than three feet on -center at the time of planting to provide year-round screening. Where the perimeter planting area abuts lands outside the US41 EZO and zoned for residential use, the shrubs shall be no less than five feet in height and spaced four feet on - center at the time of Dlantina. c) Perimeter planting areas may be interrupted to provide for driveway openings or for pedestrian access points. 12 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str.kethre6 igh is GLIFFGRt text to he deleted d. Building foundation plantings. i. Buildings, including parking structures with ground floor commercial or residential along the front facade, shall be required to have foundation plantings designed in accordance with LDC section 4.06.05, except for as follows: a) The minimum required planting area shall be the equivalent of 10 percent of the gross ground floor area of the building. As an alternative to providing a continuous building foundation planting width, the planting areas shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. c) It is unnecessary to Drovide foundation Dlantinas alon facades where the building is setback less than five feet from the property line; however, the minimum size of the required planting area shall still be required and re -allocated elsewhere on -site. d) None of the required foundation plantings shall be located within perimeter buffers or within parking lot, vehicular use, or service function areas. Stand-alone Darkina structures and Darkina structures desianed without ground floor retail or residential uses along the front facade in accordance with LDC section 4.02.43 C.14.e shall provide foundation landscaping in accordance with LDC section 4.06.05 C., except that the minimum width of the planting area shall be 10 feet. 9. Open space. a. In order to promote a vibrant, pedestrian -oriented community, the US 41 EZO open space standards are intended to concentrate open space in structured, functional, and usable spaces that are nodes along connected pedestrian paths or corridors that are accessible to the public. A minimum of 20 percent of the gross area of the development site shall be devoted to useable oxen SDace. C. If the useable open space area functions as an extension of abutting publicly accessible useable open space or bus stop, that useable open space area shall be calculated as double credit towards the open space requirement. d. Usable open space, as defined in LDC section 1.08.02, shall also include Publicly accessible site features such as pedestrian and walking paths, plazas, and passive furnishings. Passive furnishings include but are not limited to benches. Davilions, and Dicnic areas. On -site Dervious trail links 13 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted connecting within or across open spaces may count toward the requirement of usable open space. Lakes, detention areas with publicly accessible sidewalks or other impervious paths, and active recreation fields or courts that are accessible to the public may be counted toward the required public open space. e. On -site lands that reduce and treat stormwater on -site through Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) techniques may count towards open space. 10. Pedestrian Dathways. Pedestrian Dathways reauired by LDC section 5.05.08 F.3. shall be a minimum of six feet in width, clearly marked by using design elements such as landscaping and pedestrian lighting, and designed to interconnect with existing pedestrian or multi -use pathways on abutting property. Palms shall not be substituted for required canopy trees along the pathway. 11. Exterior liahtina. a. Illumination levels in the US 41 EZO shall not exceed 0.5 footcandles at Property lines adjacent to residential development that is external to the US 41 EZO excluding where required pursuant to LDC section 6.06.03. 12. Public transit facilities. In addition to the off -site improvements required in LDC section 6.06.02 A., where a bus stop is located immediately adjacent to the subject property or where a property abuts a bus route, a landing pad, bicycle storage rack, and bus stop identification sign, all of which are approved by Collier Area Transit (CAT), shall be provided by the Developer through monetary contributions or construction of physical improvements at the discretion of CAT at no cost to the County in the adjacent right -of -wax or within a dedicated easement, for all new development and redevelopment protects proposing more than 50 dwelling units or 10,000 square feet of a non-residential use. All transit improvements within right- of-way or dedicated easement shall obtain Development Review approval through right-of-way permit. If these CAT facilities exist and meet current standards, the County Manager or designee may waive this requirement. 13. Pollution control. Anv discharae from industrial. commercial. or manufacturin processes to a stormwater or surface water management system is prohibited. Wastewater from any industrial, commercial, or manufacturing process must be contained within a building or disposed of through the Collier County Water -Sewer District's wastewater collection system pursuant to the Collier County Industrial Pretreatment Ordinance, (Ord. No. 2003-18, as amended). 14. Off-street parking and loading. Unless otherwise specified, all parking and loading standards shall comply with LDC Section 4.05.00. In addition, the following provisions shall apply: a. Location of parking lots. The design of off-street parking lots shall comply with the provisions of LDC section 5.05.08 F.2. except: 14 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Parkina lots. vehicular use areas. and service function areas shall be located to the sides or rear of buildings, no closer to US 41 than the principal building except that a maximum of one double loaded drive aisle of parking is permitted in the front yard in the US 41 EZO- COR. Within Regional and Community Centers, parking areas shall not be located on street corners, except that parking may be located on one corner if the subject property fronts on three or more streets. However, this shall not be construed to allow parking in front of buildings on US 41 or the frontage of streets perpendicular to US 41. b. Design of parking facilities. i. Driveways, accessways, and access aisles of commercial and mixed -use property shall be interconnected with existing driveways, accessways. and access aisles on abuttina commercial and mixed - use property. ii. Where abutting property is undeveloped, vehicular and pedestrian interconnection shall be provided to the property line to allow access to all connection Doints with the abuttina develoament. Where feasible. the final location of the access Doint(s) shall be coordinated with the adjacent property owners and a cross -access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, shall be provided at time of the first SDP or PPL. The connection and supporting infrastructure shall be constructed to the property line on the subject property by the developer, successors, or assigns prior to the issuance of the first C.O. The interconnections shall remain open to the public. iv. Where existing abutting property is developed in such a manner that interconnection of driveways, accessways, or access aisles is not physically possible, no connection shall be required. V. Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided where necessary and appropriate, shall be distinguished by textured or special paving, and shall be integrated into the wider network of pedestrian walkways and sidewalks. C. Minimum parking requirement. The required number of off-street parking spaces are as follows: 15 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 DRAFT Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted Table 2. Parking Space Requirements Hotel 1 space per hotel room. Accessory uses shall be computed as follows: 50 percent of normal requirements for non-residential permitted uses provided below. Multi -family dwellings and townhouse 1.5 spaces per unit, or as per LDC section 4.05.04, whichever is less. Non-residential permitted uses per LDC section 2.03.07 R.4,Table 1 3 per 1.000 square feet, or as per LDC section 4.05.04, whichever is less. Mixed Use Sum of the requirements of the various uses computed separately. All other uses Minimum parking space requirements per LDC section 4.05.04 G. d. Reductions to parking requirements. The required number of off-street parking spaces may be reduced as follows, provided that the total reduction does not exceed 20 percent of the total minimum parking space requirements: Table 3. Parking Reduction Mixed Use projects 10% reduction of residential off-street parking requirement. Greater reduction may be approved pursuant to LDC Section 4.05.04 FA. Outdoor dining/restaurant seating No additional off-street parking required. areas Preservation of existing healthy tree Number of required spaced shall be or trees with a minimum 12-inch or greater DBH reduced based on area necessary to preserve the tree from being damaged or removed as determined by County Manager or designee. Property located within 330 feet of an 5% reduction of total requirement. improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site On -site electric vehicle (EV) charging Each space shall reduce the total off - station street parking requirement by two spaces. On -site bike -share station or ride- share pick up/drop off zone 5% reduction of total requirement. 16 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added Text str.kethre6 igh is GLIFFGRt text to he deleted e. Parkina structures. i. Parking structures shall comply with LDC section 5.05.08 E.8., except that building foundation landscaping shall be provided in accordance with LDC section 4.02.43 C.8.d. Parking structure facades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. iii. Parking structures shall have occupiable ground floor space along the US 41 street frontage. The occupiable ground floor space shall have a minimum depth of 20 feet, as measured perpendicular to US 41, and shall occupy the entire building front facing US 41. iv. Freestanding light fixtures on the top level of the parking structures shall be a maximum of 20 feet in height and setback from the perimeter of the structure a minimum distance of twice the height of the light fixture. Light fixtures shall be fully shielded to contain light to the surface of the deck only. f. Bicycle parking. Bicycle parking shall be provided for all commercial, mixed use, and Economic Development uses. Bicyclists shall have access via sidewalks, pathways, or driveways to the public right-of-way and be located as provided below: i. Parking structures. Required bicycle parking shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. ii. On site. Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. iii. Shared bicvcle Darkina. Where there is more than one buildina on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. D. Signage. The sign standards of LDC section 5.06.00 shall apply to all mixed use and non- residential protects within the US 41 EZO. In addition, the following provisions shall apply to all wall, awning, ground, blade, and menu signs for all nonresidential and mixed use protects: 1. Total square footage of wall signs, and signs on awnings and canopies, shall be combined and shall not exceed the square footage permitted for wall signs in LDC 5.06.00. 17 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethre nh 'c GLIFFono text to he deleted 2. Graphic elements, logos, mosaic tiles, or names created in flooring immediately outside the front entrance with a maximum size of six square feet are allowed and shall not require a permit. 3. Directional Signs: a. On -premises clustered directional signs may be allowed up to 16 square feet with a maximum height of six feet. b. There shall be no limitation on the number of directional signs provided these sians are seDarated by a minimum distance of 100 feet. C. Directional signs shall not require a permit unless designed with an electrical component. 4. Non -illuminated plaques shall be allowed subject to the following: a. Each business may mount a maximum of two plaques at their front entrance with each plaque restricted to a maximum of two square feet. Plaques must be flush or pin -mounted on the storefront or facade. plaque with a maximum size of two square feet may be mounted at the exit only door of each business which is generally not public facing. The purpose of this plaque is to identify the business name or address for emergency response or for the delivery of goods. C. A permit shall not be required for plaques. 5. In lieu of LDC section 5.06.04 F.5., a wall mounted menu board, not to exceed three square feet, is allowed in connection with a walk-up or take-out window. This sign shall not count toward the total square footage or number allowed for wall signs- - E. US 41 StreetscaDe Zone. 1. The front yard streetscape zone shall contain a minimum 10-foot-wide multi -use Pathway at least 8 feet from the US 41 right-of-way. The pathway must be designed to interconnect with existing pedestrian or multi -use pathways on abutting property. 2. The area between the pathway and right-of-way shall be a planting zone with canopy trees spaced 40 feet on center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians. Palm trees may not be substituted for canopy trees. 3. The area between the pathway and building facade may be landscaped or a widened pathway or hardscape with seating or plantings, a widened pathway, or a hardscape with seating or plantings. 18 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DRAFT Text underlined is new text to be added Text strikethrei gh is eRt text to he deleted Illustration 1. US 41 StreetscaDe Zone US 41 Right -of -Way Pathway Planting Zone NT YARDISTREETSCAPE ZONE (MAX. 25') (If area is provided between pathway and building face, the area shall be seating, plantings, sidewalk or hardscape) F. Additional design standards for specific uses. Certain uses shall be subject to additional design standards: 1. Self-Storage/Mini Storage/Warehouse (SIC 4225) a. Subject to LDC section 5.05.08 E.2. (self -storage buildings). b. Multi -use requirement. I. At least 30 percent of the gross floor area must be occupied by an alternative use, such as service industries, multi -family dwellings, retail or shopping, restaurants, hotel or resort, or entertainment, integrated within the same building. ii. Multi -use on site but not within the same building provided the non - storage use building is in the front part of the site and screens the view of the storage use behind. The intervening building shall not be occupied by a use that is listed in LDC section 4.02.43 F. C. Enhanced Derimeter buffer. In addition to satisfvina the reauirements of section 5.05.08 E.2. and except for US 41 frontage, the perimeter of the Property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, consisting of a minimum of five canopy trees (palm trees may not substituted for canopy 19 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethre nh 'c GLIFFono text to he deleted trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. d. Building design criteria. if. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a Public right-of-way is prohibited; ii. Access to individual units whether direct or indirect must be from the side of a buildina that is oriented internally: iii. No buildings shall exceed 100 feet in length when adjacent to a residential zoning district; and iv. No outdoor storage of any kind is permitted. e. Locational criteria. Self-Storage/Mini-Storage/Warehouse shall be located no closer than 1,320 feet from the closest property line of another Self- Storage/Mini-Storage/Warehouse. 2. Facilities with Fuel Pumps includina Gasoline Service Stations (SIC 5541 a. Subiect to LDC section 5.05.05. b. Site design criteria. Pumps shall be located to the side or rear of the principal building. C. Enhanced Derimeter buffer. In addition to satisfvina the reauirements of section 5.05.05, the perimeter of the property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaping berm, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double -staggered hedge row maintained to form a 36-inch high continuous visual screen within one vear of Dlantina. D. Locational Criteria. Facilities with fuel pumps including gasoline service stations shall be located no closer than 1,320 feet from the closest property line of another facility with fuel Dumas. 3. Car Washes (7542 a. Subject to LDC section 5.05.11. Site design criteria. Vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building and shall not be located in the front yard of a corner lot. C. Enhanced perimeter buffer. In addition to satisfying the requirements of section 5.05.11 and except for US 41 frontage, the perimeter of property 20 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. d. Locational criteria. Car washes shall be located no closer than 1,320 feet from the closest property line of another car wash. 4. Eatina and drinkina establishment with drive-throuah facilities (5812 and 5813). a. Subject to maximum square footage requirements of the underlying zoning district, and subject to LDC section 5.05.08 F.6. b. Site design criteria. In addition to satisfying design standards of section 5.05.08 F.6., vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building and shall not be located in the front yard of a corner lot. C. Locational criteria. Eating and drinking establishments with drive -through facilities shall be located no closer than 1,320 feet from the closest property line of another eating and drinking establishment with drive -through facilities_ 5. Outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles shall be required to meet the following standards: a. Subiect to the wall or fence reauirements of LDC section 4.02.12. b. Shall be limited to occupying a maximum of 35 percent of the linear street frontage of the property along arterials, collectors, and local streets. C. Shall not be closer to the front property line along US 41 than the principal building they serve. d. Boats, vehicles, construction materials or equipment that are stored, on display, or for sale outdoors shall be limited to a maximum height of 17 feet above existing grade. e. Shall be set back at least 50 feet from a property line that is adjacent to or in view of property zoned for or used for residential purposes when exceeding a height of six feet. f. Enhanced perimeter buffer. Except for US 41 frontage, the perimeter of the Property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, without a wall, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen 21 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str.kethre nh 'c GLIFFGRt text to he deleted within one year of planting, in addition to the wall or fence required in accordance with LDC section 4.02.12. G. Additional design standards for the Economic Development uses. The following design standards shall be applicable to all Economic Development uses identified in Table 1 of LDC section 2.03.07 R.4.: 1. Loading areas. All loading areas shall be oriented away from adjacent residential uses, except for where obstructed by an intervening building. 2. Outside storage and display. No outside storage and display shall be permitted except when approved as part of a temporary/special event in accordance with LDC section 5.04.05. 3. Operations. a. All activity associated with the uses in this category shall be conducted within a fully enclosed building. Activity includes but is not limited to the following: i. The use or storage of any fixed or movable business equipment; ii. The use, storage, display, sale, delivery, offering for sale, production, or consumption in any business, or by any business invitee on the premises of the business, of any goods, wares, merchandise, products, or foods; or iii. The Derformance of anv work or services. iv. All Economic Development use operations and equipment, including accessory process equipment, such as compressors and air handlers, shall be contained in an enclosed structure. 4. Noise. No Economic Development use shall produce noise exceeding the sound level limits for Commercial or Tourist uses as set forth in the Collier County Noise Control Ordinance No. 90-17, as amended. 5. Odors. No Economic Development use shall cause or allow the emission of noxious odors or fumes. 6. Vibrations. No use shall operate to Droduce around vibration noticeable by a reasonable person with normal sensitivity, outside the building for single -use buildings or outside the Economic Development use space inside mixed use and multi -tenant buildinas. 7. Smoke and Darticulate matter. No Economic Development use shall discharae outside the building for single -use buildings or outside the Economic Development use space inside mixed use and multi -tenant building any toxic or noxious matter in such a concentration that will endanger the public health, safety, comfort, or aeneral welfare. 22 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added Text str'Lethre nh is currono text to he deleted 8. Electrical disturbance. No Economic Development use shall create any electrical disturbance which interferes unduly with the normal operation of equipment or instruments or which is reasonably likely to cause injury to any person located inside or outside buildina. 9. ADDearance. Industrial/factory buildinas shall be desianed in accordance with the provisions of LDC section 5.05.08, excluding the exceptions, modifications, and additions listed in LDC section 5.05.08 E.7.b. through h. In addition, rooftop mechanical equipment shall be fully screened by parapets or other methods of screening and such parapets or other screening material shall not exceed 10 feet in height. 10. Enhanced perimeter buffer. Except for US 41 frontage, the perimeter of property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, without a wall, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. H. Criteria for bonus maximum height and/or bonus maximum density. Bonus density and/or bonus height may be granted per LDC section 4.02.43 B. for development in the US 41 EZO-RC and US 41 EZO-CC Subdistricts based on the followina criteria: 1. Enhanced development criteria. Bonus densitv and/or bonus heiaht may be allocated for the provision of one or more of the following enhancements in accordance with the specified percentages up to the maximum bonus height and/or bonus density listed in LDC section 4.02.43 C.1.a. For example, a site that is located in the US 41 EZO-CC with no eligible base density seeking to develop a qualifying vertical mixed use project with a nature trail may develop at a density of 9.6 du/ac calculated as follows: 30% + 30% = 60% of 16 du/ac or 9.6 du/ac and additional height of 12 feet, calculated as follows: 30% + 30% = 60% of 20ft or 12 feet. a. Vertical mixed use. (30 Dercent of eliaible bonus densitv and/or bonus height) The development integrates multifamily dwellings with service industries, retail and shopping, restaurants (without drive through facilities), grocery stores, hotels or resorts, or entertainment, within the same building. No single use may occupy more than 70 percent of gross floor area. b. Nature trails outside of required preserve areas. (30 percent of eligible bonus density and/or bonus height) A nature trail that is pervious or impervious pathways and boardwalks that are accessible to the public, in accordance with LDC section 3.05.07 H.1.h. C. Green building. (30 percent of eligible bonus density and/or bonus height) The principal building meets requirements necessary to receive certification from the U.S. Green Building Council at any LEEDO level, or an equivalent level of development performance under an alternative rating 23 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added Text strikethreugh is eRt text to he deleted 1 system such as the National Green Building Standard TM/NGBS Green or 2 the International Code Council's International Green Construction Code. 3 4 d. Low Impact Development (LID). (30 percent of eligible bonus density 5 and/or bonus height) LID strategies utilize various land planning, design 6 and construction practices that incorporate innovative preen stormwater 7 infrastructure that reduces and treats stormwater by retaining rainfall on- 8 site. Acceptable LID methods include rain gardens, vegetated swales, 9 buffers and strips, curb cutaways for median storage, bioswales, 10 bioretention cells, rain barrels, permeable pavement or pavers/porous 11 asphalt/pervious concrete, and other infrastructure that includes in -ground 12 infiltration and storage of stormwater. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e. Canopy trees. (30 percent of eligible bonus density and/or bonus height) All required trees provided on site are canopy trees and do not include palm trees of any species or type. f. Housing choices. (20 percent of eligible bonus density and/or bonus height) The development includes a mix of at least two distinctly different housing types as permitted in LDC section 2.03.07 RA. No more than 80 percent of dwelling units may be comprised of a single housing type. Green roof. (20 Dercent of eliaible bonus densitv and/or bonus heiaht) The development provides a preen/vegetated roof on the primary structure, or on at least 50 percent of the primary buildings in a multi -building complex; preen/vegetated roofs shall include vegetation on at least 50 percent of the roof area and shall be constructed in accordance with the Buildina Code and ASTM areen buildina standards. h. Publicly accessible environmental education signage. (20 percent of eligible bonus density and/or bonus height). i. Additional native preservation. (20 percent of eligible bonus density and/or bonus height) Area of native trees or native habitat preserved is 150 percent or greater than the minimum requirement of LDC section 3.05.07. Adiacent to a water resource. (20 Dercent of eliaible bonus densitv and/or bonus height) The development includes physical improvements and easement dedication for public access in proximity to a canal, lake or water resource. To be eligible for the bonus density or bonus height ,at least two of the following items must be included in the development and publicly accessible by dedication of a public access easement: i A six -foot -wide walkway with canopy trees an average of 50 feet on center with shaded benches a minimum of six feet in lenath located on average every 150 feet: ii A public access pier with covered structure and seating; or 24 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 iii An intermittent shaded plaza/courtyard, a minimum of 200 square feet in area with benches and/or picnic tables adjacent to the water resource. Provides access from the site to any adjacent public recreational lands. (20 percent of eligible bonus density and/or bonus height). I. Gathering place. (10 percent of eligible bonus density and/or bonus height) Open space within the site shall include a gathering place, which shall be a minimum of 10 percent of the project site. Gathering places are central outdoor spaces which are designed with amenities and features that allow the general public to congregate. Examples include outdoor spaces such as plazas, parks, farmers' markets, and amenities adioining sidewalks and trails such as benches, exercise stations, and gazebos. The gathering place shall be visible and easily accessible from a public road and shall be clearly located and designed so that it can be used by both occupants and the public. M. Arts, culture and creativity. (10 percent of eligible bonus density and/or bonus height) The development shall include public art displayed in a prominent location, such as a plaza or civic space, subject to Public Art Committee review and BCC aDDroval. I. Deviation requests for protects in the US 41 EZO. 1. Purpose and Intent. Property owners in the US 41 EZO may request deviations from certain standards, as established in LDC section 4.02.43 1.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopment on existing sites. 2. Applicability. a. The Administrative Code shall establish the process and submittal requirements for deviation requests in the US 41 EZO. Deviations in the US 41 EZO may be requested for new development or redevelopment projects in connection with any of the following types of applications: i. SDP, SDPA, or SIP as established in LDC section 10.02.03; Buildina Dermit for sians as established in LDC section 5.06.11: or iii. PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. b. Unless otherwise specified, property owners shall be eligible to seek a deviation from the followina code Drovisions: i. LDC section 4.02.43 C.1.a., Table 1. Dimensional Requirements in the US 41 EZO, excluding building height. 25 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted ii. Loading space requirements: LDC section 4.05.06 B. iii. Landscaping in vehicular use areas: LDC section 4.06.03 B. iv. Landscaping requirements for industrial and commercial development: LDC section 4.06.05 B.1. V. Building foundation plantings: LDC section 4.06.05 C., including Table inset. vi. Development standards for signs in nonresidential districts: LDC section 5.06.04. 3. Conflict with other relief processes. a. This section is not intended to replace the current established process of reauestina deviations associated with the followina: Master Dlan elements of the respective PUD pursuant to LDC section 10.02.13. However, the deviation process of LDC section 4.02.43 I. is available to PUD-zoned lands within the US 41 EZO provided that such request is based on a specific dimensional or design requirement described in LDC section 4.02.43 1.2, and provided the request further promotes compliance with the purpose and intent of the US 41 EZO. ii. Site plan with Deviations for Redevelopment projects pursuant to LDC section 10.02.03 F., unless such request is based on a dimension, site feature, or architectural standard listed under LDC section 4.02.43 1.2. iii. Deviations and alternate compliance pursuant to LDC section 5.05.08 G. iv. Post take plan application pursuant to LDC section 9.03.07 D. b. Deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 4. Evaluation criteria. When evaluating a deviation, the following criteria shall be considered: a. Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and 26 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted C. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on -site mitigation include but are not limited to: increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Public notice. Public notice, including signage, notice to property owners, and an advertised public hearing, is required for deviation requests and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. # # # # # # # # # # # # # 10.03.06 - Public Notice and Required Hearings for Land Use Petitions * * * * * * * * * * * * * 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.13. and the US 41 EZO. pursuant to LDC section 4.02.43 I. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. For deviations in the US 41 EZO. Plannina Commission hearina is reauired. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66.b.Mailed Notice prior to the advertised public hearing. b. Mailed Notice prior to the advertised public hearing. C. For deviations in the US 41 EZO. a NIM. See LDC section 10.03.05 A. d. For deviations in the US 41 EZO, the posting of a sign prior to the first advertised public hearing. * * * * * * * * * * * * * # # # # # # # # # # # # # 27 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Exhibit A — US 41 East Zoning Overlay Map 1 2s GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Exhibit 6 — US 41 East Zoning Overlay Map 2 k � a h t �I � • III. �� ' - — +_ .�, "cil _ II X. t� II it WINE 29 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Exhibit C — US 41 East Zoning Overlay Map 3 DRAFT Us 41 Emil ZIOWuk Ultvflay MAP 1 C+rlirr ['��uels. Flrrid� I A-'� LI - - i ADDP7EI]-xxxx 0 2I.&W 5.0w 10J000 Feet GLG US 41 EEO COMMUNITY -CENTER 4M. w 1Q4' US 47 EZO OMMCM US 41 EZ0 RENAL CENTER 30 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx US 41 EZO DSAC - LDR Presentation March 21, 2023 Agenda I. Project Overview II. US 41 EZO Content - Definitions - Applicability Uses - Focus on Centers - Connectivity - Design Standards III. Summary & Discussion Project Background • East Naples Civic Association East Trail Study • 2017/2018 US 41 Corridor Study (public engagement) • 2020 East Naples Community Development Plan 2. Would you like to see more of any these types of hotels/lodging? None of the above 59% 0% 1P% 2A% We OOX fiL'. fiV- TO% &OY 9p: 100 EAST NAPLES COMMUNITY DEVELOPMENT PLAN NOVEMBER 2020 Project Objectives Establish a Zoning Overlay ror the US 41 East %..ui,ridor consistent with the East Naples Community Development Plan Balanced Development: Ensure new development is of good quality and does not overwhelm existing assets and natural places Diverse and Quality Commercial: Increase options of higher quality that allow ror a broader range, F places to shop, eat, and recreate Beautification and Greenspace: Ensure development is visually pleasing and that ample green spaces and natural spaces are maintained Transportation Options: Increase the range of safe options, including non motorizes options; improve connections between neighborhoods and local destinations 4 Project -Boundary - - Q,4VISBLY� kNtiIKEkMiMy Includes CoNrer County 7 Giiuemment Complex eays+�� Pa rking., Garag e - .Trianpde -- - vommznity 7LESNAKE HAMMOCK•RU w P.edeuelopment.— tti r e; .. ppZ LU a g .4reaa - y r, The Isles of � CoMcr Preserve . -Ea 9le r axes !! _' - "—J = a Cofamu.gc:y pw y Rural Frrrrge J w Naples Mixed-Use°raisfrice p a 0 Resor: , _ =ek I O R 03 1. s LUd f J _ z, q9 _ m@ Cof,7fa�e Aark r`3'7i;�� ��ncludSe E g - r -- / 4� 0 _ art Corridor Lands " City of l irco. Island q else ' Islands MIIIIIIII VlNPSO Pnrawn¢+7II2uza¢mo6z 9,CmWorLrel�1�-2zi� Mn= s2r:38 ry WP. Project Schedule — Draft Zoning Overlay Public Engagement Project Team Kick - Off Meeting Project Team Meeting #2 Project Team Meeting #3 Community Meeting #3 7Jary October November March/April 2022 ErAugust Project Team Meeting Stakeholder Meeting Community Meeting qw Stakeholder Meeting #2 Community Meeting #2 US 41 EZO cotler County Growth Management 2800 Horseshoe Drive N, Naples, FL 34104 US 41 East Corridor Zoning Overlay Project web page: https://bit.ly/41 EastOverlaX Contact staff at: 41 eastoverlav@colliercountvfl.gov Key Community Input Captured in the US41 EZO ➢ Intensity/density should vary -concentration at major intersections ➢ Rural/Conservation areas should stay as is ➢ Encourage use of green stormwater techniques ➢ Enhance the tree canopy; minimize use of palms ➢ Limit certain uses that are not as desirable ➢ Promote mix of use in Centers subject to criteria ➢ Reduce potential conflicts between vehicles/pedestrians/cyclists ➢ Promote continuous and consistent pathways Project Schedule — Draft Zoning Overlay Adoption Process 2022 Staff Review 2023 April (tentative) BCC Mtg — G M PA Transmittal July (tive) -Ie�t CCPC Mtg - LDCA Review / G M PA Adoption • Waiver Request • LDCA 15t Reading • GMPA Adoption / LDCA 2nd Reading ' a_1'iv ' �� r Y •Y i '6 1 V !': �y P Y `, I ,�L *fit q"•d.. * �' �� n � � ,� ��',� ��� �., ,� - - �`� �i T�Ste. . ryi .�.vh�l �•` /�4 , G6� �� �� •{ 5 •. A ! z - 'a91[-' 2' � 7,�F ��i:. �r 1. �Kc `t � �- � "` i - 3 'T� .J .. 11t t • ? '�6 ♦�`� � ` - �i��S. ��� y _ Imo- ��� ��'y{y`J� ��.h� �... ��� - ` unu diii:i " �� iaa■aaa■ ��� ■■■■■■■■ ■■■�■■■� ; � � ` ' , �. .: uum T� - r. —. 2 , 7 Ab 0l 1 I4 11 M [o V M ~ 1A A;ft, ER'S ``v rr,• t Google Farth a2022 Google 41 current conniric Y y• V Ja won 8 ffM 41 current conaitic `a 3� .�,+�~'� " J SDI `: L.x � - � .-.- - - • �,. ,} *`-- •- �.-w. �sx ' sir r � c ��C �r1'�'�i L'Rr�r C4'i. �'i• .. ' �j��q� �a - t _ � t . - �• 'a R,... amp- US 41 Current Conditions `i 2 Sources East Naples Community Development Plan &Public Input GGPOD Bayshore/GT Zoning Overlay Other communities/Best Planning Practices a He ��'� ��� �� � j ' I�xli� G• �? ;;, I �II m� � °i�� '== ����i���_ ai;� ti. _ y iii'• � rre-�I � i9dil.@ s i Ikt!!dU �.i f , n f7�GIlII�i! {lt !• 1 f �I � r" ... E�" _ .�; ja ] �.r�r3'>�i ��'�-:.L.f �.-- i... �+'-•r..-scslifdii c•: 1 J&=.a 7 .. P���t�'.�, ���h i�1=*'�-^.� ii�\ � � � '�i�ii.�►��Y ` W _ � _ r _ �{ti��j�s_ .ai?►T'�.ni,fyi}I �-C�� b R� w.� . +1l �I�+lf� �. di" ! ` ������ �_ �_ _ _ + �r • r !•��li^�� �'m �,{:�. � c����-.•�Q!' ��1 �# '+�jaSrXi�('+��a"f -� - - FDOT Context Classifications C I I C2 C�T OR FDOT Conte Classifications FDOT Context Classifications help with coordinating CK C4 C5 C6 development standards along a corridor with the US 41 roadway type, speeds, and conditions FDOT Context C2 Rural Sparsely settled lands; may include agricultural land, grassland, woodland, and wetlands Uses Agricultural and/or Single -Family Residential Bldg height 1-2 stories Bldg placement Detached buildings; No consistent pattern of setbacks Parking n/a Density/Intensity <1 unit per acre C3C (Suburban Commercial) Mostly non-residential uses with large building footprints and large parking lots within large blocks and a disconnected or sparse roadway network Retail, Office, Multi -Family Residential, Institutional, and/or Industrial 1 story (retail); 1-4 stories (office) Detached buildings; > 75ft setback from street Front, occasionally side or rear < 0.75 FAR C4 (Urban General) Mix of uses set within small blocks with a well- connected roadway network. May extend long distances. The roadway network usually connects to residential neighborhoods immediately along the corridor or behind the uses frontingthe roadway SF or MF Residential, Institutional, Neighborhood Scale Retail, and/or Office 1-3 stories, some taller Detached & attached buildings; Oft - 75ft from street Side or rear > 4 units per acre Future Land Use Map R 27 IE R 23 E R 29 E R 30 E R31 E R32E R33 E R34E IAP 7F A .......... . ....... .. 1- 17 R 26 E R 26 E I R 27 E I R 28 E I R 29 E I R 30 E I R31 E I R R2 E R 33 E R 34E Existing Zoning Districts ' i A Subdistricts/Z e Fi _ 3 mik, now :: � ;i ire• aF INC, - LEGEN❑ - -- 115:1 EZO CarlkWr a IU56f EZO WmrryiNly CBni6r ' � IIS at CZL' Re�iondl �enle� q95 �P k G An � U.S. 4l East Corridor Study Proposed Overlays Overall Map 19 Collier County, Florida E N G I N E E R I N GE h39, Y nx Szesi `- aair aanarcr � r mc. celr seri _ - un:ca• zaax zazcnrcz-gin - Definitions ➢ New terms used within the US 41 East Zoning Overlay • Green Stormwater Infrastructure (GSI a - aGreen Infrastructure THE POSITIVE EFFECTS OF GSI ARE GSI PROTECTS OUR WATER QUALITY BY CUMULATIVE. THAT MEANS EVEN THE USING NATURE -BASED METHODS TO MANAGE MOST LIMITED USE OF GSI CAN BENEFIT STORMWATER NEAR WHERE IT FALLS. ENVIRONMENTAL BENEFITS THE ENTIRE COMMUNITY. HERE ARE • Reduces water pogut i«v AFEWTHINGSYOU CAN DOTO HELP. • Low Impact Development (LID) PERMEABLE c.n. PAVEMENT systems eendsaaf of ground and urface eaters. y porous cancretq asphalt or open pore pavers of ground and surface wafers. Supportand advocate for that allow rainfall to pass through the surface Reduces u rban heat island effect. green stomawater infrastructure and soak into the grou nd rather than accumulate protects and enhances aquatic and in your community. on tap ce =.N of it. wildlife habitat. Plant a min garden in your yard T RE E BOX filters callect and filft storm —ter SOCIAL BENEFITS or neighborhood. • Use porous concrete or penneabte through layers of mulch• soil and plant root Beautifies streets, neighborhoods pavers forwalkways and patios around M i c ro m o b i l ity systems. They alwincrease the free onopyand and communityfaciltea. yourhomeonbusiness • add aesthetic value to communities. Creates recreational:paces. When [andscapingyou r home, select BIOR ETENT IONS. also know as rai n gardens. Improves water and air quality. plantsthat match the sail, light water re shalbw depressions Filled with deep-rooted Mitigates flooding. and climate condition& and practice flowers, shrubs and grasses that celled ra in ECONOMIC BENEFITS proper fertilization. and allow it to soak slowly into the ground. Reduces rousting and potential future Bioretentions can also attract birds, butterflies costa of managing untreated stormwater. and otherwildi fe. Lc-em heating and energy costs. • Structural Cell BIOSWALES are shallow channels that use Increases property values. plants and specialized ..it mi-st. Fi her, Supports the health of industries that absorb and convey swrmwater runoff to larger depend on ctea n water. m treatent systems. Bicswates can a lm create habitats for birds, butterflies and local wildlife. xoratExrrox posxratt a1 EXENTE IaE BOI i/, y11 il, �1 I 1 1 t11 2 r r11y sll � r�� 20 Subdistricts - Centers (LDC Section 2.03.07 R.1 & R.3) Regional Centers (US 41 EZO-RC) • Highest intensity • With bonus formula, up to 20 units per acre & up to 20 additional feet in height • FLUM Activity Centers o�d. i � 1 East Naples Commu nity Development Plan - Naples Towne Center (Moderate) Naples Towne Center (Moderate) Community Centers (US 41 EZO-CC) • Moderate intensity • With bonus formula, up to 16 units per acre & up to 20 additional feet in height • Key intersections /commercial nodes Subdistricts - Corridor (LDC Section 2.03.07 R.1 & R.3) Corridor Subdistrict (US 41 EZO-COR) • Transition areas between Centers • For large parcels, only applies to 300 ft from US 41 • Density per underlying zoning district East Naples Community Development Plan - Naples Manor (Moderate) 22 Aoolicabili (LDC Section 02.03.07 R.2 & 4.02.32 A.2) ➢ Use and Design Standards shall apply to all properties within the US 41 EZO, except as follows: • For PUDs established prior to adoption an amendment is not needed to add uses or develop consistent with design standards • Properties within the Port of the Islands (1985 POTI Development Agreement) are only subject to US 41 EZO design and development standards within Section 4.02.43 C, D, E, F, G and I. • Properties in the US 41 EZO-COR with underlying zoning of RMF-6, RMF-12, residential portions of PUDs, A, E, CF, P, GC, or CON are only subject to certain Uses (LDC Section 2.3.07 R.4) ➢ Allowable Uses within Regional &Community Subdistricts AU !h I t �+ 4 -APR yi fi�v.. l • � �' - �# 11 • -- � * t I y a }1 1 Rib 4L y 5• I`I k. IG�iI. } * r, `� s� �' � r '+j �''f• ;1 _4 �Cy�#��# R A-f1 i ,+ Ak _ iY �4d 'lay "f+xLin. -..I p 10 LJ rT eel 050 r-11 ➢ New Economic Development Uses • Permitted within Regional Centers • Conditional within Community Centers and Corridor Subdistrict • Must comply with additional design for Economic Development uses (LDC section 4.02.43 G) (LDC Section 4.02.43 C.1) US 49 EZCP-FZC I US 49 EZ<D-CAC LDS 41 EZC"-- Min. Loot Area (sq ft) Tc)vwnhuouse- 2,000 (per unit] Al I other uses: 10, CK)O Min. Loot Widt h t ft a -Fc)wn huouse= 20 Al I other uses: r undq--FiVing zoning district Max_ Floor Area F2atio Wyk Min _ Floor Area (sq Efficient - Ova 9 Baedroorn- 600 2+ Bed room- 750 For all other uses: 1,000 round floor Max_ Lot Coverag None F uired Yards Front Yardf Streetscape Zone 18 ft. min i murn to 25 ft- max-/ All projects Per underlying zoning, limited too a sha.11 provide a 1 ❑ ft- multi use pathway, for US 41 (ft)' accaammodaating pedestrians, bicyclists, and maxi murn of acne doubly loaded drive other modes of For all prate jects provid inq a front yard setback of 20 aisle of paarkinq in ft- or greater, the 90 ft- multiuse pathrfiray the front Vard. must be designed in combination with planting, seating, or hardscaped areas_ See LDC section 4.02.43 E_ for additional r uirenyents _ Front `Farad (C�ttie (ftr Per Underlying zoning, except that corner Per underjying lots must rnai ntai n the front Varrdl zoni nq streetscape along the frontage that is perpend i eular taa US 49 Min - Side Yard 0 0 15 Min. Rear Yard 15 15 15 ft Mane- Height Townhouse- 45 Town Mousoe= 45 Town housoe= 35 All gather uses= Per All gather uses: Per All otlher uses: Per underlying za )ning underlying zoninq underlying zaaning district district district Max_ Bonus Heigh Additional 20 feet above height a I load Milk underlVing zonin Max- DensWy Par the FLUE and the underlying zcminq district Max_ Bonus Dens Up to 20 QUlac Up to 16 D Ulac N#A (LDC Section 4.02.43 C.6.a) Properties with a side or rear yard abutting residentially zoned property shall be subject to a building setback of 25 feet along the shared property line applicable to the first 25 feet of building height. For building height above 25 feet, the building is required to step - back at a 45% degree plane Max height U 41 EZO Residential Zoning �k 30 U XStreetscape Design (LDC Section 4.02.43 C.7) ➢ Design features at intersections • Emphasize corner locations as gateways (towers, plazas, courtyards) ➢ Windows • Clear glazing (less than 25% tint) for 60% of fagade of non-residential buildings ➢ Building Entrances • Main entrances clearly defined and oriented to the street (LDC Section 4.02.43 C.81 4.02.43 E.2, 4.02.43 H.e) ➢ Enhancing the tree canopy; minimizing use of palms • Canopy trees within planting zone required in streetscape zone and corner lots; Palms can not be substituted for required canopy trees • Minimum Enhanced Vehicular Use Area landscaping, buffers, and building foundation plantings • Bonus height and/or density in Centers if all required trees are canopy trees Open Sp.1,01 or (LDC Section 4.02.43 C.9) ➢ Increasing Open Space • Open space requirement of 20% applies to any size property, any use • Allowance for paths, plazas, trail links to count toward open space • Double credit towards open space requirement if useable open space area functions as an extension of abutting publicly accessible open space • Low Impact Design and Green Stormwater Infrastructure techniques may count towards open space and density/height bonus Connectivity (LDC Section 04.02.43 C.8.b.iii) Future Parallel Pathway Incentive: If a 10 ft wide easement is dedicated to the County along access easements or streets parallel to US 41 for future multiuse path: Reduce buffer to 5 ft w/ shade trees 40 feet o.c. (LDC Section 04.02.43 C.12) Transit Projects with 50 units or 10,000 sf non- residential must provide public transit improvements, subject to CAT coordination and approval Incentive: Parking reduction (5%) for �� ALTERNATIVE properties within 330 ft of a transit facility/stop (LDC Section 4.02.43 C.10, C.14.b, E.1 Max. 6' �I BUILDING Min. 9' 1 0' 8' 1 Pathway Planting Zone FRONT YARD/STREETSCAPE ZONE (MAX. 25')I (If area is provided between pathway and building face, the area shall be seating, plantings, sidewalk or hardscape) Connectivity • Onsite pedestrian paths must be 6 feet wide and must connect to existing pathways on abutting property • Parking facilities: US41 o Shall be interconnected to existing driveways, accessways, Right -of -Way and access aisles on abutting commercial and mixed use property, unless not physically possible o Shall provide vehicular and pedestrian connections to the property line, where abutting property is undeveloped o Shall take into consideration pedestrian circulation whereby pedestrian crosswalks shall be distinguished and integrated into the wider circulation network • US 41 Streetscape Zone multiuse pathway must connect to existing pathways on abutting property (LDC Section 4.02.43 C.14) For Centers • Locate to sides or rear of buildings, no closer to US 41 than principal building • Cannot locate on street corners in Centers, unless fronting at least 3 streets, then limited to one corner only (not US41 or perpendicular street) For Corridor Subdistrict • Max of one double loaded drive aisle of parking permitted in front yard . k r Fit a� N. r r 1 ' F Retewiml F� t o t Trith{o9RC _ Main Srreet One row of parking North Port Urban Design Standards Pattern Book Parking mi (LDC Section 4.02.43 C.14) ➢ Minimum parking requirement • Parking space reductions for certain uses and provision of amenities ➢ Parking structures • Screening of facades & building foundation landscaping • Active ground floor uses along US 41 street frontage, min 20 ft deep • Standards for light fixtures on top level of parking structure (LDC Section 4.02.43 D) For Centers • No decrease or restriction of current signage allowed • Add flexibility for additional, smaller scale sign types to count toward max. allowed sign area • Projecting signs • Awning signs • Hanging signs �1 r -I Centers - US 41 Street,�sne (LDC Sec. 4.02.43 E) Minimum 10ft wide multi -use pathway at least 8ft from the US 41 r-o-w Planting zone between multi- use pathway and r-o-w with street trees 40 ft o.c., 8ft vertical clearance, no palm trees Building setback min 18ft - max 25ft Parking side/rear of principal bldg. only Pathway Planting Zone ! FRONT YARD/STREETSCAPE ZONE (MAX. 25')I (If area is provided between pathway and building face, the area shall be seating, plantings, sidewalk or hardscape) 41 iht-of-Way Specific Uses Undesired Uses that are Currently Permitted in Commercial Districts [Sec. 2.03.031 Self Storaelril Storage/ - - - conditional Permitted Warehouse (4 5) Gasoline .Service .Stations - Permitted' Permitted' Permitted' Permitted-' (5541) Car Washes (754) - - - Permitted Perm itted2 Fast Food Restaurant/Eating Place - Permitted Permitted Permitted Permitted (5 1 ) Outdoor/Outside Storage Accessory4 Accessory4 Accessory4 Permitted5 1 — subject to provisions of Sec. 5.05.05 2- abutting residential, subject to Sec. 5.05.11 s — with 1 im ited squa re footage (C2=2,800sf of less G FA; C3=6,000sf or less GFA) 4 — subject to Sec, 4.02.12 5 —no closer than 2.5 ft to public street and completely enclosed, pursuant to Sec. 4.02.12. No display or sales for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, orsecondhand automotive vehicle parts. Specific Uses ➢ These will remain allowable per Underlying Zoning, subject to several additional standards Uses of concern per ENCDP (generally allowable in CA or C-5) Self Storage/Mini Storage/Warehouse (4225) Facilities with Fuel Pumps, including Gasoline Service Stations (5541) Car Washes (7542) Eating Establishments w/ Drive-thru Facilities (5812) Outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles Additional Standards for Specific Uses Commercial Real Estate (LDC Section 4.02.43 F) Self Storage/Mini Storage/Warehouse (4225) • Comply with current LDC criteria • Multiuse requirement: - Within same building: 30% of gross floor area integrated with alternative use - Separate building: alternative use in front and screens the storage use • Building design criteria • Enhanced perimeter buffer: 25ft landscape buffer • Location criteria: % mile distance separation Restaurant, coffee shop part of south Charlotte mixed -use, self -storage facility Source: Charlotte Business Journal 42 Additional Standards for Specific Uses (LDC Section 4.02.43 F) Gasoline Service Stations (5541) • Comply with current LDC criteria • Site design criteria: pumps to the side or rear • Enhanced perimeter buffer: 25ft landscape buffer • Location criteria: % mile distance separation Additional StandardELor St)ecific Uses (LDC Section 4.02.43 F) Car Washes (7542) • Comply with current LDC criteria • Site design criteria: vehicular stacking lanes and drive through lanes no closer to US 41 than principal building • Enhanced perimeter buffer: 25ft landscape buffer • Location criteria: % mile distance separation Additional Standards for Specific use (LDC Section 4.02.43 F) Eating establishments with drive - through facilities (5812) • Comply with current LDC criteria • Site design criteria: vehicular stacking lanes and drive through lanes no closer to US 41 than principal building • Location criteria: % mile distance separation 45 Additional Standards for Specific Uses (LDC Section 4.02.43 F) Outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles • ComDly with fence/wall criteria • Site design criteria: - Max 35% of linear street frontage - Outdoor items no closer to US 41 than principal building - Max height of items: 17ft - Setback 50ft from adjacent residential if over 6ft in height • Enhanced perimeter buffer: 25ft landscape buffer -3 Centers — Bonus Height and/or Density Criteria ➢ Enhanced Development Criteria (LDC Sec. 4.02.43 H) ■ Cumulative up to maximum eligible height and/or density permitted: Regional Center: up to 20 DU/A and/or 20ft in height beyond underlying zoning - Community Center: up to 16 DU/A and/or 20ft in height beyond underlying zoning ■ The higher the value, the greater the bonus height and/or density would be awarded Vertical Mixed Use Housing Choices Nature Trail Green Building Low Impact Development Canopy Trees for all required trees on site Green Roof Educational Signage Additional Native Preservation Access to Adjacent to Water Resource Access to Public Recreation Low Value I" (10% of max. eligible L��bonus) Gathering Place Arts, Culture, and Creativity Public Art :r:ro FM • r_ asp � a[: Low Benefits of Green Stormwater Infrastructure GSI PROTECTS OUR WATER QUALITY BY USING NATURE -BASED METHODS TO MANAGE STORMWATER NEAR WHERE IT FALLS. PERM FABLE PAVEMENT systems consist of porous concrete, asphalt oropen pore pavers that allow ra infall to pass through the surface and soak into the ground rather than accumulate on tap or run off of it. TREE BOX filters collect and filter stormwater through layers of mu lch, soil and plant root systems. They also increase the tree canopy and add aesthetic value to communities. B IO R ETENT IO N S, also know as rain gardens, are shallow depressions filled with deep-rooted flowers, shrubs and grasses that collect rain and allow it to soak slowly into the ground. Bioretentions can also attract birds, butterflies and of her wi ld tife. B IOS WA LES are shallow channels that use plants and specialized soil mixes to fl lter, absorb and convey stormwater runoff to larger treatment systems. Bioswates can a lso c reate habitats for birds, butterflies and local wildlife. ENVIRONMENTAL BENEFITS • Reduces water pollution Recharges and improvesquatity of ground and surface waters. Reduces urban heat island effect. • Protects and enhances aquatic and wildlife habitat. SOCIAL BENEFITS Beautifies streets, neighborhoods and community facilities. • Creates recreational spaces. • Improves water and air quality. • Mitigates flooding. ECONOMIC BENEFITS • Reduces eAstingand potentialfuture coats of managing untreated stormwater. • Lowers heating and energy costs. • Increases property values. • Supports the health of industries that depend an clean water. uoRETExnox AWEXEHTE TREE BOS 1 tiY �E *1 ifelopment Strategy Plan View of a Parking Loioretention Basin Parkinc3 Lot 5heetf3ow Curb 5top9 1 I I � 1 1 Vegetatwe Filter 5tnr QverRow MUIC Lateral Extent of Ponding 50 V` i lw 1k� m FN CT N FF R I N( FED � f 0 25 70 140 �f («NTelvoeo OISPi av scke-1.=]0') w o oz_U LU NUS wJ Cn z v� _ Lo GovCr (7 Area I 83,232s.f, I F.p d,`, Zq 3BP [3 Perf,000sf3 I1Ilew2bldgs} —I Fropnutl Hotel Igsmnesl 150 [Suer room; Propeutl MF I2 1lwors,7b100 per un ri z J d J w LL 2 w 3:a 0z J U rn rn ]3 O t 150 ]3 N>E' OGt09En�pR 3 CONCEPT SITE PLAN 4 z 1XE0 F 1 §1 \Wiry.e.ewVu.r'!aim�o6�-ee,\�a�nWrolw�. ei mmn td+w,e x ,.e..se G»wn�b,-uur_en] eu W u. nin - „nAw Regional Center Infill Scenari • _7 F N G I N F F R T •� ti�. P �INTENDED W-LAY SALE. I'-M' LU O wca U V Z ❑ 03 T11F5 10'ON-CENTER a - 0 U t. • t uZ w 0 ¢Lu PROPOSED SITE CONURIONS Tota3 Area 439acres, Non 7,ZOOs.f. . �/ •�L; - " �. -Residential area Residential Units 10 \ .� � 4 - O N Uensi Opens ace 2.3 dulac 1.4acres MKI • w Use Area Ealsti Relall or Units Formula Re ulred Paddn [s aces - 51,400 13 per 1,001Mj 1 ' \ ., 1 ",j_ J� Propp5ed"il 7,700 13 Per lrO fs F;powd MF 10 LS eruru[ PRWECT rq. SLp A Pa�Ieing RedlIXi0t15 M' d Use a lies to res d t I rtion 10 '- hn33 t On s1, bi de )j 5% 1 ] 1 T ^ + �r - 5 ��;, 5� Kr A,y FLL nP rS�B0.pa Parking(,Il TOTAL REOUtREl1 1 �1 .0 A. , _ F I {s; /L / ST CCNCW-rSITE PLAN Proposed Parking Park,ngro•Ilarcmain} Parkin Lo'Inews aeesl ••v'"r. 1 a Y- r ^1f•/. /��I` / TOTALPROYIMP 1 �� Nuuaea METPARKMG SPACES d - 1 OF 1 Community Center Infill Scenario Next Steps for LDCA March 2023: DSAC - LDR Review &Recommendation April 2023: DSAC Review &Recommendation July 2023: CCPC Review & Recommendation August —September 2023: BCC Public Hearings &Approval 40 55 S—i DAVIS BLVD 00, y� ~, T— RATTILIESNAKE HAMMOCK RD- AM;;1 � I 4 id X v� I y t •ram i . - low oor f ' . =�f W NOTES 1. The aerial photographs shown were provided through an ESRI ArcGIS Online image service, were originally provided by Collier County government and were taken in 2020. LEGEND US 41 EZO Corridor US 41 EZO Community Center US 41 EZO Regional Center US 41 REVISIONS JOHNSON ENGINEERING, INC. 2122 JOHNSON STREET US 41 EZO U.S. 41 East Corridor Study `r P.O. BOX 1550 Subdistriets Map FORT MYERS, FLORIDA 33902-1550 Collier County, Florida PHONE (239) 334-0046 EN G I N E E R I N G FAX (239) 334-3661 DATE PROJECT FILE NO. SCALE SHEET E.B. #642 & L.B. #642 October 2022 20203067-025 1 -- As Shown 1   JohnsonEric From: BellowsRay Sent: Monday, March 20, 2023 4:38 PM To: JohnsonEric Subject: FW: US 41 East Zoning Overlay LDC Amendments Attachments: HEX Decision 2022-38 Petition No. PCUD-PL20220001501 8-11-22.pdf FYI Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Co e_r County Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT. From: Chris Scott <cscott@pen-eng.com> Sent: Friday, March 17, 2023 7:28 AM To: BosiMichael <Michael.Bosi@colliercountyfl.gov> Cc: BellowsRay <Ray.Bellows@colliercountyfl.gov>; Anthony Pompeo <APompeo@marcanthonyconst.com>; John English <JEnglish@pen-eng.com> Subject: US 41 East Zoning Overlay LDC Amendments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Mike I have done a cursory review of the proposed US 41 East Zoning Overlay LDC amendments (link) and have concerns that the additional design standards for Self-Storage/Mini Storage/Warehouse (SIC 4225) contained in Section 4.02.43 F.1. may have a significant design impacts on a proposed auto storage (car condo) use at Treviso Bay. The car condo project was approved a Comparable Use Determination from the Hearing Examiner (HEX 2022-38, attached) and includes very specific design standards as part of the conditions of approval. The conditions approved as part of the CUD were a collaborative effort with the County planner. It should be noted this planner was also contracted by the County to assist with the US 41 EZO LDC amendments. We were very aware of the planning efforts in East Collier and the concerns with self -storage uses when developing the site and architectural design for the proposed car condos. Prior to the HEX meeting, we shared the product design and overall site concept with the Treviso Bay architectural review board who were supportive of our application. Many of the standards proposed as part of this LDC amendment conflict with the proposed project shared at the Hearing Examiner's meeting and are not practical for the proposed car condo use. If adopted, would the additional standards for Self-Storage/Mini Storage/Warehouse proposed within the US 41 EZO apply to a car condo use? PENINSULA ENGINEERING Christopher O. Scott, AICP Planning Manager 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Direct: 239.403.6727 CScott@pen-eng.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO CLERK OF COURT'S OFFICE COLLIER COUNTY HEARING EXAMINER Route to Addressee(s) Office Initials Date (List in routing order) Minutes and Records HD Clerk of Court's Office 9/9/22 �nl�y,saradrecords,Atolliel-cle:•k.cocli PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created'prepared the Document. Primary contact information is needed in the event there is a need for additional or missing information. Name of Primary Andrew Dickman, Esq. Phone Number Alternate Phone Number Contact Heather DeSanto, Paralegal 239-434-0840 239-302-2701 Hearing Examiner 8/11/22 Hearing Petition ID(s PCUD-PL20220001501 Meeting Date Type of Document Agenda V Decision Number of Original 1 Attached Back-up Documents Transcript Documents Attached PO number or account number if 131-138350-649030 document is to be recorded INSTRUCTIONS & CHECKLIST Use the Check Box in the Yes column or mark "NA" in the Not Applicable column, whichever is appropriate. Yes N A I , Does the decision amend an Ordinance? If yes, Ordinance Number Amended is 03-51, as amended ✓ 2 Other than the Hearing Examiner, documents are to be emailed to: Diane.L nch.:�i:colliercountyfl. ov-, Patricia.Mill a coil iercountvfl. rov Has the date for the Hearing Examiner's signature line been entered as the 3. Final Decision date? Original document has been si ned/initialed for legal sufficiency? ✓ 4• The final decision is dated 9/9/22 l GMD\Zontng HEWEX Meeting Packets HEX NO. 2022-38 HEARING EXAMINER DECISION DATE OF HEARING. August 11, 2022 PETITION. Petition No. PCUD PL20220001501 - Wentworth Estates MPUD Indoor Self Storage - Request for a decision of the Hearing Examiner that the proposed use of self -storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. The subject parcel is approximately +/- 9.07 acres, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. Petitioner requests a determination that the proposed self-storage/mini warehousing, indoor (SIC Code 4225) is comparable in nature to the currently allowed permitted principal uses for the Commercial Area of the Wentworth Estates Mixed -Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 7 5. A newspaper advertisement is required for public hearing in accordance with F.S. § 125.66. The newspaper advertisement posted in the Naples Daily News on July 15, 2022, and July 22, 2022. Per the Land Development Code and Administrative Code, a Comparable Use Determination petition does not require a Neighborhood Information Meeting, a mailing to surrounding property owners, or posting of a sign on the property. 6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. Marc Rosenberg, a homeowner in the neighborhood, appeared at the public hearing requesting a buffer to block both the noise and the view. 7. The County's Land Development Code Section 10.02.06.K lists the criteria for a comparable use determination. The Hearing Examiner may approve a comparable use determination based on the following standards, as applicable.' 1. The proposed use possesses similar characteristics to the other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours. The record evidence and testimony from the public hearing reflects that the proposed vehicle storage units would be accessible to owners or lessees of the units on a 24-hour basis. Gasoline service station is a permitted use within the Commercial Area, which would have a greater commercial level of activity on a 24-hour basis than the proposed indoor storage units. ii. Traffic volume generated/attracted. The record evidence and testimony from the public hearing reflects that the proposed vehicle storage units do not generate any more trips than other permitted uses such as gasoline service station or car dealership that would otherwise be permitted on this parcel. The development must comply with all other applicable concurrency management regulations a new Traffic Impact Statement (TIS) will be submitted and reviewed at the time of Site Development Plan (SDP). iii. Type of vehicles associated with the use. The record evidence and testimony from the public hearing reflects that the proposed use of indoor vehicle storage may be associated with personal vehicles ranging from motorcycles to passenger vehicles to recreational vehicles. From time to time, auto delivery and pick-up vehicles may access the site. To control the impact of activities associated with vehicle loading or unloading, Condition #3 listed herein will require that vehicle loading or unloading shall be accommodated on site, shall not be oriented toward the Via Veneto subdivision, and shall not be in any public right-of-way. As conditioned, the types of vehicles associated with the proposed use are comparable and therefore 'The Hearing Examiner's findings are italicized. Page 2 of 7 these types of vehicles acceptable in comparison to vehicles potentially associated with other permitted uses, such as: automotive dealers, gasoline service stations, and automotive rental and leasing. iv. Number and type of required parking spaces. The record evidence and testimony from the public hearing reflects that in LDC Section 4.05.4. G., Table 17 provides the parking space requirement for the proposed indoor storage as: I parking space per 20, 000 square feet of storage buildings plus 1 per 50 vehicle/boat storage spaces plus I per 300 square feet of office areas, with a minimum of 4. The parking requirement needed for this type of use is less intense than a general retail shopping center requirement of I parking space per 250 square feet. At the time of SDP, the project will be reviewed to comply with parking standards. V. Business practices and activities. The record evidence and testimony from the public hearing reflects that the types of activities and hours of operation for the proposed indoor vehicle storage are either comparable to, or less intense than, those for other permitted uses such as automotive dealers, gasoline service stations, repair, and automotive rental and leasing. To address the compatibility of the practices and activities associated with the indoor vehicle storage with surrounding uses, the following standards that typically apply within Business Parks per LDC 4.02.13.I to apply: Condition #4. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; Condition #5. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally; Condition #6. No outdoor storage of any kind is permitted; and Condition #7. Storage units shall be utilized for storage purposes only, with parameters for associated activities that are common to "car condo" units. Additionally, Condition #8 is recommended to limit outdoor amplified sound as is typically applied to higher intensity uses in proximity to residential neighborhoods 2. The effect the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The record evidence and testimony from the public hearing reflects that the subject site faces US 41 and will be accessed from US 41. To the south and west are residentially designated areas of Treviso Bay. Immediately west is a +1--40 foot -wide tract owned by the Treviso Bay Property Owners Master Association beyond which are single family homes and a lake. To address the effect of the use in relation to noise, glare, or odor effects, limits should be considered on the design of the building and orientation of service or loading uses. Commercial architectural standards of the LDC will apply to the building design, and the applicant has provided an architectural rendering to indicate the building's general appearance. Condition #9 will require that the building should be designed in general conformity with the architectural rendering, Treviso Bay Page 3 of 7 Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. The applicant also committed to a maximum zoned height of 35 feet and a maximum actual height of 45 feet, see Condition #10. Condition #11 requires that lighting shall be shielded and directional to avoid glare on the neighboring Via Veneto subdivision. Hours of operation allowing for 24-hour access to units is less intrusive than the 24-hour operation that would be associated with gasoline service stations which are also a permitted use within the Commercial Area. As conditioned, the effect of the proposed indoor vehicle storage on neighboring properties would be comparable or less than that of repair, automotive dealers, gasoline service stations, and automotive rental and leasing. See Conditions of Approval #2-11 that are intended to address the effect of the use on neighboring properties. 3. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. The record evidence and testimony from the public hearing reflects that the site is designated on the Future Land Use Map as Urban Coastal Fringe subdistrict in the Urban Mixed -Use District, and the proposed use is consistent because the Commercial Area was deemed consistent by policy. 4. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The record evidence and testimony from the public hearing reflects that the purpose statement of the Commercial Area within the MPUD states: "Areas designated as Commercial Area on the Wentworth Estates PUD Master Plan are designed to accommodate a full range of commercial, retail and office uses designed to serve residents of the Wentworth Estates PUD and the immediate vicinity. " Of the sixteen categories of non-residential use groups that are listed as permitted, the following uses are indicative of the breadth and variety of type and intensity of currently permitted commercial uses, which are allowable in the C-41 C-5 or I Industrial Zoning Districts: New car dealerships (5511), Gasoline service stations (5541 with services and repairs), Miscellaneous repair shops (7622-7699), Car rental and leasing (7514), Amusement and recreation services (7911, 7922, 7933, 7991) and Membership organizations (8611- 8661). As stated above, the proposed indoor vehicle storage is comparable to currently permitted uses in the Commercial Area of the Wentworth Estates MPUD. 5. Any additional relevant information as may be required by County Manager or Designee. The record evidence and testimony from the public hearing reflects that no additional information was provided. Page 4 of 7 ANAL NSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.K of the Land Development Code to approve this Petition. DF,C'TSION_ The Hearing Examiner hereby APPROVES Petition Number PCUD-PL20220001501, filed by Christopher O. Scott, AICP of Peninsula Engineering representing Prime Partners, LLC, with respect to the property as described in the Wentworth Estates Mixed -Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended, for the following: A request for a determination that the proposed use of self -storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. Said changes are fully described in the Conceptual Design dated May 4, 2022 attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Conceptual Design dated May 4, 2022 LEGAL DESCRIPTION. See Ordinance No. 03-51, as amended, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida and is approximately +9.07 acres. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This determination is for self-storage/mini warehousing, indoor (4225, limited to vehicle storage). 3. Vehicle loading or unloading shall be accommodated on -site, and shall not be oriented toward the Via Veneto subdivision, and shall not be in any public right-of-way. Page 5 of 7 4. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited. 5. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally. This shall not preclude any means of egress required by the Florida Building Code or Florida Fire Prevention Code. 6. No outdoor storage of any kind is permitted. 7. Storage units shall be utilized for storage purposes only, with allowance for the following uses within individual units: a. Storage of personal property such as automobiles, boats, recreational vehicles, with accessory furniture or other personal items. b. Minor maintenance of personal property which conforms to applicable regulatory standards for noise, vibration, glare, fumes or odors. c. Personal hobby and recreation, such as watching television, gaming, listening to music and similar uses. 8. No outdoor amplified sound is permitted (does not apply to personal electronic devices). 9. Building architecture shall be similar to the image depicted on Attachment A-1, Treviso Bay Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. 10. Building height shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 45 feet. 11. Lighting shall be shielded and directional to avoid glare on the Via Veneto subdivision. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 6 of 7 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 EXHIBIT "A" TREVISO BAY CAR CONDOS conceptual elevations / proposed This street -view artists's rendering is for conceptual purposes and architectural style only. It'is not intended to show final building dimensions and configuration Access to individual motor condo units Is provided from the mtenor of the site. DD 0 3 CID M ?39.a . W.. W 159?O Ob a1.SW4o01 NaWos. Haitla Ja 110 r:JI.5.S8J01 www.pkstwYim.cam RegicmY.onl ,Vt9a?&5