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Agenda 04/22/2025 Item #16A114/22/2025 Item # 16.A.11 ID# 2025-1057 Executive Summary Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment related to housing that is affordable, at two regularly scheduled daytime Board of County Commissioners meetings, and approve a request to advertise the Land Development Code Amendment. OBJECTIVE: To waive the nighttime hearing requirement and advertise a Land Development Code (LDC) amendment at two regularly scheduled hearings. CONSIDERATIONS: On October 25, 2017, the Board accepted a Community Housing Plan (CHP) and authorized staff to begin its implementation on February 27, 2018. As a follow-up to that item, the Board reviewed an LDC amendment (PL20180002172) on February 12, 2019. Ordinance 2019-02 approved new affordable housing definitions and the Affordable Housing Density Bonus Program (AHDB Program), which increased the affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre. At an earlier meeting on October 9, 2018, the Board directed staff to move forward with the final recommendations of the CHP. Staff was tasked with preparing a Growth Management Plan (GMP) and LDC amendments to address five initiatives identified in the CHP, which are referenced in Exhibit C. Initiative 1 was addressed when staff presented an LDC amendment (PL20200001703) to the Board on February 9, 2021. The Board adopted Ordinance 2021-05, providing relief from specified processes, to better ensure cost certainty and savings for projects containing housing that is affordable. The proposed LDC amendment addresses Initiatives 2, 3, and 5. The proposed provisions include the following: (2) expanding the allowance for commercial development with a residential use or a mixed-use development (residential and commercial) when providing for housing that is affordable; (3) increasing density within Activity Centers from 16 units per acre to 25 units per acre when providing for housing that is affordable; and (5) increasing density opportunities along bus/transit lines. In developing these initiatives, staff have worked with consultants, stakeholders, the development industry, non-profit agencies, and various other interested parties over the last 18 months. This LDC amendment represents the implementation of regulations to a companion GMP amendment (PL20210000660) to incorporate Initiatives 2, 3, and 5 within the GMP to advance opportunities for affordable housing. The companion GMP amendment included a sunset date. It increased density (for affordable housing) and established provisions for Strategic Opportunity Sites, which do not necessitate LDC changes. It was approved by the Board on November 14, 2023 (Ord. 2023-57). This LDC amendment will serve to implement components of Ord. 2023-57. The purpose and intent of the Mixed-Income Program for Housing that is Affordable is to incentivize affordable housing and implement the GMP, § 163.3161 et seq., Florida Statutes, and the Florida Administrative Code. This LDC amendment also proposes to modify the Affordable Housing Density Bonus Rating System table in LDC section 2.06.03. Staff determined these changes were necessary to make the program viable by promoting the greatest incentives to those households deemed to have the greatest needs. Within the existing Affordable Housing Density Bonus table, the restriction placed on rental units was only available to income levels below the 80% of Area Median Income (AMI). This restriction did not align with the market's response for affordable housing—most affordable housing projects proposed over the last three years had sought to provide for income-restricted units on a rental basis, targeting equal to or below 100% of AMI. Additionally, the income ranges within the existing table provided too wide a spread for the Moderate range at 80-120% of AMI. To remedy this, staff created the "median" category, which allows for a 100-120 percentage range, as well as an 80-100 percentage range. Staff utilized the mathematics principle of ratio relationships to justify the density bonuses provided for within the new categories. These changes are consistent with recently approved privately initiated GMP amendments and Board policy. Staff anticipates the approval of this amendment will result in fewer privately initiated GMP amendment requests in the future. Likewise, these changes were endorsed by the Affordable Housing Advisory Committee (AHAC) at their May 21, 2024, meeting. One change that has occurred since the Development Services Advisory Committee (DSAC) Land Development Regulations (LDR) (DSAC-LDR) Subcommittee meeting is that staff added a minimum size to Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts in LDC section 4.02.01, to account for the residential Page 1039 of 6355 4/22/2025 Item # 16.A.11 ID# 2025-1057 units that are now proposed throughout the C-1, C-2, C-3, C-4, and C-5 zoning districts. The sizes are consistent with the minimum required in the RMF-12 and RMF-16 zoning districts. DSAC-LDR Subcommittee Recommendation: On June 15, 2021, the DSAC-LDR Subcommittee discussed deleting the word "inner" from the definition of Transit Core. The DSAC-LDR recommended approval of the LDC amendment with the following changes, which have been incorporated into the amendment: • The provision for mixed-use development (residential with housing that is affordable and commercial) that is currently proposed in the C-1, C-2, and C-3 zoning districts should also be carried forward to the C-4 and C-5 zoning districts as well, with edits made to LDC section 4.02.38 accordingly. The LDC amendment returned to the Subcommittee on January 19, 2022, because numerous changes have been made since their last review in 2021. The Subcommittee recommended approval with a request that staff review and approve their suggested changes, including requiring a vegetative buffer when a residential or mixed-use project is adjacent to a single-family development. DSAC Recommendation: On June 7, 2023, the DSAC recommended approval of the LDC amendment, including the changes presented by staff, and contingent upon requiring 14-foot-tall trees within the required buffers when a housing that is affordable project contains building heights greater than 40 feet and is adjacent to single-family residential. Collier County Planning Commission (CCPC) Recommendation: On March 6, 2025, at a nighttime hearing, the CCPC reviewed a significantly updated version of the LDC amendment from what the DSAC had reviewed. The CCPC recommended approval by a vote of 5-1, contingent upon clarifying that the maximum height of 50 feet listed in LDC section 4.02.38 C.1.c. should be based on zoned height. The dissenting Planning Commissioner stated that his objection to the amendment was due to the potential for a developer to propose a project (by right) that does not conform to the community and that nobody would be notified if they were to object. It is staff's opinion that the public had an opportunity to address their concerns at the nighttime hearing and that a nighttime hearing by the Board will not be necessary. This item is consistent with the Collier County Strategic Plan objective to support comprehensive affordable housing opportunities. FISCAL IMPACT: There are no anticipated fiscal or operational impacts to the County’s stakeholders associated with this LDC amendment. There is a slight increase in the maintenance cost to Collier Area Transit for new bus stops associated with the TOD provisions, but they are anticipated to be minimal. The costs associated with processing and advertising the proposed LDC amendment are estimated at $50. Funds have been allocated within the Unincorporated Area General Fund (1011) and the Comprehensive Planning Cost Center (138317). GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: LDC section 10.03.06.K provides two Board meetings are required for LDC amendments initiated by the County that propose changes to the actual list of permitted, conditional, or prohibited uses of land within a zoning category, and at least one hearing shall be held after 5:00 p.m. on a weekday, unless the Board by supermajority vote the Board elects to waive the nighttime hearing and hold the hearing at another time of day. This item is approved as to form and legality, and it requires a supermajority vote for approval. -HFAC RECOMMENDATIONS: To waive the nighttime hearing requirement and hear a Land Development Code amendment related to housing that is affordable, at two regularly scheduled daytime Board of County Commissioners meetings, and approve a request to advertise the Land Development Code Amendment. Page 1040 of 6355 4/22/2025 Item # 16.A.11 ID# 2025-1057 PREPARED BY: Eric L. Johnson, AICP, CFM, Planning Manager, Zoning Division ATTACHMENTS: 1. Draft Ordinance (03-24-2025) 2. LDCA (03-27-2025) Page 1041 of 6355 [21-LDS-00125/1932122/1] Page 1 of 38 Words struck through are deleted, words underlined are added ORDINANCE NO. 2025 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO IMPLEMENT HOUSING INITIATIVES IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN RELATING TO AFFORDABLE HOUSING BY RIGHT IN CERTAIN COMMERCIAL ZONING DISTRICTS WITH A SUNSET DATE; INCREASING DENSITY FOR AFFORDABLE HOUSING; AND PROVIDING REGULATIONS FOR TRANSIT ORIENTED DEVELOPMENT, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.05.01, DENSITY STANDARDS AND HOUSING TYPES, SECTION 2.06.03 AHDB RATING SYSTEM, ADDING SECTION 2.07.00 MIXED INCOME HOUSING PROGRAM FOR HOUSING THAT IS AFFORDABLE, ADDING SECTION 2.07.01 PURPOSE AND INTENT, ADDING SECTION 2.07.02 PROGRAM CRITERIA; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED-USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, ADDING SECTION 4.02.40 HOUSING THAT IS AFFORDABLE WITHIN C-1 THOUGH C-5 COMMERCIAL ZONING DISTRICTS, ADDING SECTION 4.02.41 HOUSING THAT IS AFFORDABLE WITHIN MIXED USE ACTIVITY CENTERS AND INTERCHANGE ACTIVITY CENTERS OF THE GROWTH MANAGEMENT PLAN, AND ADDING SECTION 4.02.42 TRANSIT- ORIENTED DEVELOPMENT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. (PL20210001291) Page 1042 of 6355 [21-LDS-00125/1932122/1] Page 2 of 38 Words struck through are deleted, words underlined are added Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on March 6, 2025, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ________, 2025, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. Page 1043 of 6355 [21-LDS-00125/1932122/1] Page 3 of 38 Words struck through are deleted, words underlined are added SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, Page 1044 of 6355 [21-LDS-00125/1932122/1] Page 4 of 38 Words struck through are deleted, words underlined are added densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.01 Abbreviations * * * * * * * * * * * * * Page 1045 of 6355 [21-LDS-00125/1932122/1] Page 5 of 38 Words struck through are deleted, words underlined are added TND Transitional Neighborhood Design TOD Transit Oriented Development TP Turtle Permit * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.02 Definitions * * * * * * * * * * * * Affordable housing: Housing is deemed affordable when the cost of a residential dwelling unit does not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the household, for those households within the affordable housing income range. The calculation of such cost shall include the monthly rent and utilities (for rental units) or monthly mortgage payment, property taxes, special assessments, insurance, and other required condominium or homeowner association fees and assessments (for owner-occupied units). Affordable housing specifically includes the following income level targets for Collier County, based on the income categories as determined by the Secretary of the U.S. Department of Housing and Urban Development: a. Very-low-income: Households whose incomes do not exceed 50 percent of the median income. b. Low-income: Households whose incomes are greater than 50 percent but do not exceed 80 percent of the median income. c. Median-income: Households whose incomes are greater than 80 percent but do not exceed 100 percent of the median income. dc. Moderate-income: Households whose incomes are greater than 100 80 percent but do not exceed 120 percent of the median income. ed. Gap-income: Households whose incomes are greater than 120 percent but do not exceed 140 percent of the median income. * * * * * * * * * * * * Approved affordable housing: Affordable housing that includes a long-term affordability restriction wherein the cost of housing and income of the household are known and Page 1046 of 6355 [21-LDS-00125/1932122/1] Page 6 of 38 Words struck through are deleted, words underlined are added monitored, for a specific period of time. This includes housing that meets the criteria of LDC section 2.06.00 Affordable Housing Density Bonus or LDC section 2.07.00 Mixed-Income Housing Program for Housing that is Affordable. * * * * * * * * * * * * Transfer of development rights: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in the density or intensity of development on the receiving property with a corresponding decrease in the remaining development rights on the sending property. Transit Core: The area within a quarter-mile radius around a Collier Area Transit stop, shelter, or station. This is measured as a radial distance from the perimeter of the building or structure footprint of the transit stop, shelter, or station. Transit Oriented Development: A project or projects, in areas identified in the GMP, that is or will be served by existing or planned Collier Area Transit service. TODs are subject to standards that require the development to be compact, interconnected with other land uses, and pedestrian oriented, and dwelling units are required to be multi-family. * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through for housing that is affordable or through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are Page 1047 of 6355 [21-LDS-00125/1932122/1] Page 7 of 38 Words struck through are deleted, words underlined are added permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. * * * * * * * * * * * * * 16. Direct mail advertising services (7331). 17. Dwellings (i.e., single-family, multi-family, or townhouse), provided such use contains housing that is affordable in accordance with LDC section 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. If mixed use, see 28. below. 1817. Educational plants and public schools subject to LDC section 5.05.14. 1918. Engineering services (8711). 2019. Essential services, subject to LDC section 2.01.03. 2120. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 2221. Health services, offices and clinics (8011—8049). 2322. Insurance carriers, agents and brokers (6311—6399, 6411). 2423. Landscape architects, consulting and planning (0781). 2524. Legal services (8111). 2625. Loan brokers (6163). 2726. Management services (8741 and 8742). 28. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi-family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 2927. Mortgage bankers and loan correspondents (6162). {Remainder of list to be renumbered accordingly} Page 1048 of 6355 [21-LDS-00125/1932122/1] Page 8 of 38 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 12. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: * * * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C- 2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district for housing that is affordable or through conditional use approval. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. * * * * * * * * * * * * 23. Direct mail advertising services (7331). 24. Dwellings (i.e., single-family, multi-family, or townhouse), provided such use contains housing that is affordable in accordance with LDC section 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. If mixed use, see 47. below. 2524. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). Page 1049 of 6355 [21-LDS-00125/1932122/1] Page 9 of 38 Words struck through are deleted, words underlined are added 2625. Educational plants and public schools subject to LDC section 5.05.14. 2726. Engineering services (8711). 2827. Essential services, subject to section 2.01.03. 2928. Food stores (groups 5411 - except supermarkets, 5421—5499) with 2,800 square feet or less of gross floor area in the principal structure. 3029. Funeral services (7261, except crematories). 3130. Garment pressing, and agents for laundries and drycleaners (7212). 3231. Gasoline service stations (5541, subject to section 5.05.05). 3332. General merchandise stores (5331—5399) with 1,800 square feet or less of gross floor area in the principal structure. 3433. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 3534. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 3635. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 3736. Health services, offices and clinics (8011—8049). 3837. Home furniture and furnishings stores (5713—5719) with 1,800 square feet or less of gross floor area in the principal structure. 3938. Home health care services (8082). 4039. Insurance carriers, agents and brokers (6311—6399, 6411). 4140. Landscape architects, consulting and planning (0781). 4241. Laundries and drycleaning, coin operated — self service (7215). 4342. Legal services (8111). 4443. Libraries (8231, except regional libraries). Page 1050 of 6355 [21-LDS-00125/1932122/1] Page 10 of 38 Words struck through are deleted, words underlined are added 4544. Loan brokers (6163). 4645. Management services (8741 and 8742). 47. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi-family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 4846. Mortgage bankers and loan correspondents (6162). {Remainder of list to be renumbered accordingly} * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 7. Mixed residential and commercial uses, subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district for housing that is affordable or through conditional use approval. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). Page 1051 of 6355 [21-LDS-00125/1932122/1] Page 11 of 38 Words struck through are deleted, words underlined are added a. Permitted uses. * * * * * * * * * * * * * 30. Drug stores (5912). 31. Dwellings (i.e., single-family, multi-family, or townhouse), provided such use contains housing that is affordable in accordance with LDC section 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. If mixed use, see 60. below. 3231. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01. {Remainder of list to be renumbered accordingly} * * * * * * * * * * * * 5958. Membership organizations, miscellaneous (8699). 60. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi-family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 6159. Mortgage bankers and loan correspondents (6162). {Remainder of list to be renumbered accordingly} * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * * * 17. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational Page 1052 of 6355 [21-LDS-00125/1932122/1] Page 12 of 38 Words struck through are deleted, words underlined are added attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district as a permitted use if the proposed development provides housing that is affordable and contains a mix of residential and commercial uses. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of LDC section 5.05.01. * * * * * * * * * * * * * 87. Membership sports and recreation clubs, indoor (7997). 88. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi-family, or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. {Remainder of list to be renumbered accordingly} * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction Page 1053 of 6355 [21-LDS-00125/1932122/1] Page 13 of 38 Words struck through are deleted, words underlined are added associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. Housing may also be a component of this district as a permitted use if the proposed development provides housing that is affordable and contains a mix of residential and commercial uses. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 55. Drug stores (5912). 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of LDC section 5.05.01. * * * * * * * * * * * * * 107. Membership sports and recreation clubs, indoor (7997). 108. Mixed residential and commercial uses, provided that such residential use (i.e., single-family, multi-family or townhouse) contains housing that is affordable and complies with LDC sections 4.02.38 and 4.02.40. This use will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 109108. Mobile home dealers (5271). {Remainder of list to be renumbered accordingly} * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. Page 1054 of 6355 [21-LDS-00125/1932122/1] Page 14 of 38 Words struck through are deleted, words underlined are added Housing Type: Zoning District: Single-family Duplex Townhouse Multifamily Mobile Home Cluster Guest House Caretaker Units (number allowed) Timeshare Recreational vehicles1 Maximum Density2, 17 (units per gross acre) GC Two A ✓ S ✓ 0.2 (1 unit per 5 acres) E ✓ ✓ 0.44 (1 unit per 2.25 acres) RSF-1 ✓ ✓ ✓ 1 RSF-2 ✓ ✓ ✓ 2 RSF-3 ✓ ✓ ✓ 3 RSF-4 ✓ ✓ ✓ 4 RSF-5 ✓ ✓ ✓ 5 RSF-6 ✓ ✓ ✓ 6 RMF-6 ✓ ✓ ✓ ✓ ✓ ✓ 6 RMF-12 S ✓ ✓ ✓ 12 RMF-16 ✓ ✓ 16 RT3, 17 ✓ 26 RT4, 17 ✓ ✓ ✓ 16 RT5, 17 ✓ ✓ ✓ 16 VR6 ✓ ✓ ✓ 7.26 VR7 ✓ ✓ 8.71 VR8 ✓ ✓ 14.52 MH9 ✓ One 7.26 TTRVC One ✓ 12 C-110 See C. and D. below ✓ ✓ ✓ One 3-16 C-210 See C. and D. below ✓ ✓ ✓ One 3-16 C-310 See C. and D. below ✓ ✓ ✓ One 3-16 C-4 See C. below ✓ ✓ ✓ One 16 C-5 See C. below ✓ ✓ ✓ One 16 I One BP One CON11 ✓ 0.2 (1 unit per 5 acres) 0.33 (1 unit per 3 acres) Big Cypress BZO12 S S S S 12 GTZO12 S S S S 12 R-1 ✓ ✓ ✓ ✓ R-2 ✓ ✓ ✓ ✓ Page 1055 of 6355 [21-LDS-00125/1932122/1] Page 15 of 38 Words struck through are deleted, words underlined are added GZO Per underlying zoning district VB-RTO17 ✓ ✓ ✓ 16 for timeshare mf & twnhses; 26 for hotels and motels GGPOD ✓ ✓ Per the GMP RFMU13 ✓ ✓16 0.025 (1 unit per 40 acres) RFMU14 ✓ ✓ ✓ ✓ ✓16 ✓ ✓ ✓ 0.2 (1 unit per 5 acres) RFMU15 ✓ ✓ ✓ ✓ ✓16 ✓ ✓ ✓ ✓ 0.2 (1 unit per 5 acres) MHO ✓ 0.2 (1 unit per 5 acres) Legend: S = permitted subject to supplemental standards 1 Recreational vehicles include travel trailers, park models, pickup coaches, and motor homes. 2 Density is calculated as the number of residential dwelling units per gross acre (see definition of density, residential). Generally, in all zoning districts except for A, E and CON, this indicates the maximum allowable density, including any applicable density bonuses per the density rating system in the growth management plan. However, density Density may be restricted by the board of county commissioners at the time of rezoning to something less than the maximum, as indicated parenthetically on the official zoning atlas maps. For example, "RMF-6(4)" allows all uses and development standards of the RMF-6 zoning district but density is limited to 4 dwelling units per acre. 3 A maximum of 26 dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 units per acre. Outside of Port of the Islands, a hotel or motel or multi-family structure including a condominium which offers timeshare units is permitted a density of up to 16 units per acre. 4 For RT zoning located inside Activity Centers as designated on the Growth Management Plan's Future Land Use Map, residential units (including those for timeshares and multifamily uses) are allowed at a maximum of 16 dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of 16 units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to 16 dwelling units per acre. The calculation of density shall be based on the land area defined by a lot(s) of record. 6 Density for single-family and mobile home, with or without clustering. 7 Density for duplex, with or without clustering. 8 Density for multi-family, with or without clustering. Page 1056 of 6355 [21-LDS-00125/1932122/1] Page 16 of 38 Words struck through are deleted, words underlined are added 9 In the MH district, modular homes are allowable. 10 Properties with mixed use development, with or without housing that is affordable, include a range of residential densities. Mixed use development permitted by conditional use is not subject to this table. zoned C-1 through C-3 may have associated residential densities in instances of mixed-use development pursuant to the Future Land Use Element of the Growth Management Plan. 11 The density of 1 dwelling unit per 3 gross acres only applies to private in-holdings within the Big Cypress National Preserve that were in existence prior to October 14, 1974. 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending Lands (see LDC section 2.03.08). 14 One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see LDC section 2.03.08). 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving Lands located outside of a Rural Village with redemption of Transfer of Development Rights (TDR) credits; 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre in RFMU Receiving Lands located within a Rural Village with the redemption of TDR credits (see LDC section 2.03.08). 16 Only if Mobile Home Overlay exists. 17 Lock-off unit: Where the floor area of a timeshare unit or hotel room contains lock-off accommodations which can be occupied separately from the main living unit, each lock-off accommodation shall be counted as a full timeshare unit when computing the allowable density. B. Acreage associated with historical/archaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density. C. Where mixed use development is allowable per footnote 10 in LDC section 2.05.01 A., the density standards and housing type criteria in the above table and within this subsection below apply. LDC subsections C.2. and C.3. will sunset five years from November 14, 2023 unless extended by the Board of County Commissioners by resolution. 1. All mixed use development (commercial and residential) on properties zoned C- 1, C-2, or C-3, as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, shall be subject to the below density limits and housing affordability requirements. a. For property not within the Urban Residential Fringe Subdistrict, but within the Coastal High Hazard Area, both as identified on the countywide Future Land Use Map (FLUM), density shall be limited to 4 dwelling units per acre; density in excess of 3 dwelling units per acre must be comprised of housing that is affordable in accordance with LDC section 2.06.00. Page 1057 of 6355 [21-LDS-00125/1932122/1] Page 17 of 38 Words struck through are deleted, words underlined are added b. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, both as identified on the countywide FLUM, density shall be limited to 16 dwelling units per acre; density in excess of three dwelling units per acre and up to 15 dwelling units per acre must be comprised of housing that is affordable in accordance with LDC section 2.06.00. 2. All mixed use development on properties zoned C-4 and C-5, as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, shall be subject to the below density limits and housing affordability requirements. This section will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution as a regular agenda item. a. For property within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, both as identified on the countywide Future Land Use Map (FLUM) and found Consistent by Policy as identified in FLUE Policies 5.11 – 5.13, the maximum density permitted is 16 affordable housing dwelling units per gross acre. 3. All mixed use development on properties zoned C-1 through C-5, as provided for in the Commercial Mixed Use by Right Subdistrict of the GGAMP – Golden Gate City Sub-element, shall be subject to the below density limits and housing affordability requirements. This section will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution as a regular agenda item. a. For property within the Urban Mixed Use District in the GGAMP – Golden Gate City Sub-element and found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, the maximum density permitted is 16 affordable housing dwelling units per gross acre. D. Where residential only uses are allowable on properties zoned C-1 through C-3, the density standards and housing type criteria in the above table and within this subsection shall apply. This subsection D. will sunset five years from November 14, 2023, unless extended by the Board of County Commissioners by resolution. 1. By-right residential development within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, when located outside the boundaries of the East Naples Community Development Plan (accepted by the Board of County Commissioners on October 27, 2020), and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.11 – 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the FLUE: The maximum density permitted is 16 affordable housing dwelling units per gross acre. 2. By-right residential development within the Urban Mixed Use Subdistrict in the GGAMP – Golden Gate City Sub-Element, when located outside the boundaries of the Downtown Center Commercial Subdistrict, and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the GGAMP – Golden Gate City Sub-Element: The maximum density permitted is 16 affordable housing dwelling units per gross acre. Page 1058 of 6355 [21-LDS-00125/1932122/1] Page 18 of 38 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.06.03 AHDB RATING SYSTEM Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.06.03 AHDB Rating System * * * * * * * * * * * * Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing 1, 2, 3 Product (% of MI) 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap (>120—≤140)4, 5 1 2 3 4 5 6 7 8 n/a 9 n/a 10 Moderate (>10080—≤120)4 2 4 3 5 4 6 5 7 6 8 7 9 8 10 9 11 10 12 11 Median (>80—≤100) 2.5 3 5 4 6 5 7 6 8 7 9 8 10 9 11 10 11.5 11 12 Low (>50—≤80) 3 7 6 8 7 9 8 10 9 11 10 12 11 12 12 12 12 Very-Low (≤50) 7 9 8 10 9 11 10 12 11 12 12 12 12 12 12 1 Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no event shall the maximum gross density exceed that which is allowed pursuant to the GMP. 2 Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for each additional percentage of affordable housing units in the development. 3 Where more than one type of affordable housing unit (based on level of income shown above) is proposed for a development, the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed 12 dwelling units per gross acre. 4 May only be used in conjunction with at least 20% at or below 100% MI Owner-occupied only. 5 Owner occupied only. May only be used in conjunction with at least 20% at or below 120% MI. * * * * * * * * * * * * * Page 1059 of 6355 [21-LDS-00125/1932122/1] Page 19 of 38 Words struck through are deleted, words underlined are added SUBSECTION 3.F. ADDING NEW SECTION 2.07.00 MIXED-INCOME HOUSING PROGRAM FOR HOUSING THAT IS AFFORDABLE Section 2.07.00 Mixed-Income Housing Program for Housing that is Affordable, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: 2.07.00 Mixed-Income Housing Program for Housing that is Affordable 2.07.01 Purpose and Intent A. This section is intended to incentivize developments that provide a mix of housing affordability, including units that are affordable to gap-, moderate-, median-, low-, or very-low-income levels through the use of bonus density, which allows for an increase in the number of residential dwelling units per acre on property proposed for development. B. This incentivization is accomplished by implementing a Mixed-Income Housing Program, which consists of a commitment by an agreement, land use restriction recorded in the Public Records of Collier County, or ordinance to provide for housing that is affordable. The purpose of the Program is to provide increased residential densities to developers who guarantee that all or a portion of their housing development will provide units that are affordable at gap-, moderate-, median-, low-, or very-low-income levels, as specified in LDC section 4.02.41 and LDC section 4.02.42. 2.07.02 Program Criteria The following conditions shall apply to all developments associated with the Mixed-Income Housing Program. A. Mixed-Income Housing Program Eligibility. 1. The rental price or sales price for all units designated as Housing that is Affordable within the project must be affordable to households at income levels identified in the below chart to qualify for the allowable bonus density outlined in LDC section 4.02.40, LDC section 4.02.41, and LDC section 4.02.42: Income Level as a percent of Median Income Gap (>120 to ≤140) Moderate (>100 to ≤120) Median (>80 to ≤100) Low (>50 to ≤80) Very Low (≤50) 2. At the time of application for the Development Order, the developer must identify the total number of housing units within the development and the total number of units that are affordable, categorized by level of income, type of unit (i.e., single- Page 1060 of 6355 [21-LDS-00125/1932122/1] Page 20 of 38 Words struck through are deleted, words underlined are added family or multifamily, owner-occupied or rental), and number of bedrooms per unit. 3. The ratio of the number of bedrooms per unit for housing that is affordable shall in general be equal to or greater than the number of bedrooms per unit for the market rate housing within an entire project. 4. The units that are affordable shall be intermixed with, and not segregated from, the market rate units in the development. 5. In order to qualify for the bonus density through the Mixed-Income Housing Program, the developer must comply with the provisions of this section and record a Mixed-Income Housing Commitment by agreement, ordinance, or other type of land use restriction recorded in the Public Records of Collier County. B. Mixed-Income Housing Commitment. The commitment to provide Housing that is Affordable through the Mixed-Income Housing Program will be by agreement, ordinance, or other type of land use restriction recorded in the Public Records of Collier County and shall include at a minimum, the following provisions: 1. Units committed as affordable through the Mixed-Income Housing Program shall be affordable for 30 years from the initial date of sale or rent. 2. The conditions contained in the agreement, ordinance, or other type of land use restriction that is recorded in the Public Records of Collier County shall constitute covenants, restrictions, and conditions which shall run with the land and be binding upon the property and the owner’s successors and assigns. This commitment must be agreed to by the owner for an owner-occupied unit or by the developer for renter-occupied units, in an instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida. 3. No unit that is committed as affordable through the Mixed-Income Housing Program shall be rented to a tenant whose household income has not been verified and certified in accordance with this section. Such verification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for certification. 4. No unit that is committed as affordable through the Mixed-Income Housing Program shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section. Such verification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for certification. It is the intent of this section to keep housing affordable; therefore, any person who buys a Mixed-Income Housing Program unit must agree, in an instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the property is sold (to a non-income qualified buyer, including the land and/or the unit) within 30 years after the original purchase at a sales price in excess of five percent per year of the original purchase price that he/she will pay to the Collier County Affordable Housing Trust Fund an amount equal to one-half of the sales price in excess of the five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. Page 1061 of 6355 [21-LDS-00125/1932122/1] Page 21 of 38 Words struck through are deleted, words underlined are added C. Income Verification and certification. Evidence of income must be verified and certified by the County Manager or designee. The income verification and certification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit. In the absence of tax returns, income may be verified and certified in the same manner as stipulated in LDC section 2.06.05 B.4. and subject to approval by the County Attorney’s Office. 1. For owner-occupied units, an income verification form must be submitted by the developer, and a certification letter must be obtained from the County Manager or designee stating that the household income meets the applicable income level threshold required for the unit prior to issuance of certificate of occupancy for that unit. The income verification and certification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit. 2. For rental units, an income verification form must be submitted by the developer or its successor once prior to initial occupancy for the unit and submitted annually thereafter following the initial certificate of occupancy. A certification letter must be obtained from the County Manager or designee stating that the household income meets the applicable income level threshold required for the unit in order for the certificate of occupancy to remain in effect at time of re-certification for that unit. The income verification and certification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit. * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Zoning District Maximum Building Height (feet) Minimum Distance Between Buildings Minimum Floor Area of Buildings (square feet) Floor Area Ratio (%) * * * * * * * * * * * * C-1 35 None or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) None Page 1062 of 6355 [21-LDS-00125/1932122/1] Page 22 of 38 Words struck through are deleted, words underlined are added C-2 35 A or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) None C-3 50 None or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) None C-4 75 or F A or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) Hotels .60 Destination resort .80 * * * * * * * * * * * * A = 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. E = The minimum distance between structures for housing that is affordable in commercial districts shall be in accordance with LDC section 4.02.40. F = The maximum height shall be restricted to 50 feet for housing that is affordable in the C-4 district. * * * * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements * * * * * * * * * * * * C-1 25 Residential 25 or g Non-residential 15 Residential 25 or g Non- Residential 15 x C-2 25 25 or g 15 25 or g 15 x C-33 c 25 or g a 25 or g a x C-44 d 25 or g a 25 or g a x C-54 25 25 or g 15 25 or g 15 x Page 1063 of 6355 [21-LDS-00125/1932122/1] Page 23 of 38 Words struck through are deleted, words underlined are added * * * * * * * * * * * * f = the yard requirements shall be equal to the most restrictive adjoining district. g = The minimum setback for housing that is affordable in commercial districts where abutting any property occupied by or zoned to allow a single family dwelling unit shall be in accordance with LDC section 4.02.40. x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS Section 4.02.38 Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 4.02.38 Specific Design Criteria for Commercial Mixed Use Development within C-1 through C-5C-3 Zoning Districts A. Purpose and Scope. The Ccommercial Mmixed Uuse design criteria are to encourage the development and the redevelopment of commercially zoned properties with a mix of residential and commercial uses. Such mixed-use projects developments are intended to be developed at a human-scale with a pedestrian orientation, interconnecting with adjacent project, whether commercial or residential. A Commercial Mixed Use Projects D is allowed in the Urban Mixed Use District contained within the FLUE and subject to the standards and criteria set forth under Commercial Mixed Use Subdistrict in the Urban-Commercial District, and the regulations contained herein. B. Applicability. A commercial mixed use development is allowed as provided in the Commercial Mixed Use by Right Subdistrict in the Future Land Use Element (FLUE) and Golden Gate Area Master Plan (GGAMP) – Golden Gate City Sub-element, and subject to the regulations contained herein. All properties zoned C-1, C-2 and C-3, excluding where located in the GGPOD. These regulations shall apply to all mixed-use projects proposed within these zoning districts, subject to the design criteria set forth in this section. The design criteria address the relationship of buildings, parking, vehicular, and pedestrian movement to create a pedestrian oriented experience. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. Vehicular travelways support two-way traffic and on street parking. A logical pedestrian pathway system is provided throughout that connects the pedestrian movements from one use to another or within use areas. Building arcades and awnings are allowed to extend over the sidewalk to create shade and encourage pedestrian activity. Signage design shall be carefully integrated with site and building design to create a unified appearance for the project. Creativity in the design of signs is encouraged in order to emphasize the unique character of the project. Projects utilizing these design criteria will be developed in compliance with the LDC, except as specified herein. Page 1064 of 6355 [21-LDS-00125/1932122/1] Page 24 of 38 Words struck through are deleted, words underlined are added C. Commercial Mixed Use Design Criteria. Projects utilizing the Commercial Mixed Use option within a C-1, C-2, or C-3 Zoning District shall comply with the following standards and criteria: 1. These design criteria are applicable to the C-1 through C-3 zoning districts, excluding where located in the GGPOD. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subject property, unless modified within these regulations. 3. Residential density is calculated based upon the gross commercial project acreage. For property in the Urban Residential Fringe Subdistrict, density shall be as limited by that subdistrict. For property not within the Urban Residential Fringe Subdistrict, but within the Coastal High Hazard Area, density shall be limited to 4 dwelling units per acre; density in excess of 3 dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to 16 dwelling units per acre; density in excess of 3 dwelling units per acre and up to 11 dwelling units per acre must be comprised of affordable-workforce housing in accordance with section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended. In case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building, square footage and acreage devoted to residential uses shall not exceed 70 percent of the gross building square footage and acreage of the project. 1. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subject property or the regulations in LDC section 4.02.38, whichever is more restrictive. a. The minimum distance between structures shall be 10 feet. b. The minimum setback from the common boundaries shall be equal to the project’s proposed zoned building height when the proposed project abuts any property occupied by, or zoned to allow, a single family dwelling unit. c. Housing that is affordable by right shall be restricted to a maximum zoned height of 50 feet in the C-4 zoning district. 2. Mix of Uses. Mixed use developments shall promote a combination of land uses within a project in accordance with certain land use mix percentages. a. All mixed use development on properties zoned C-1, C-2, or C-3, as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE shall be subject to the following mix of use limits: i. In the case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building, floor area and acreage devoted to residential uses shall Page 1065 of 6355 [21-LDS-00125/1932122/1] Page 25 of 38 Words struck through are deleted, words underlined are added not exceed 70 percent of the gross building floor area and acreage of the project. b. All mixed use development on properties zoned C-4 and C-5, as provided for in the Commercial Mixed Use by Right Subdistrict in the FLUE, and properties zoned C-1 through C-5, as provided for in the Commercial Mixed Use by Right Subdistrict of the GGAMP – Golden Gate City Sub- element, shall be subject to the following mix of use limits: i. In the case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building, floor area and acreage devoted to residential uses shall not exceed 75 percent of the gross building square footage and acreage of the project. 34. The project shall provide street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. 45. The project shall, to the greatest extent possible, use a grid street system, or portion thereof, so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. D. Pedestrian Pathways. 1. This design criteria is only applicable to streets internal to commercial mixed use projects, it is not applicable to project portions fronting on existing collector or arterial roadway. 2. The pedestrian pathways along the main streets shall be a minimum of 21 feet in width. (See diagram below.) 3. Pedestrian pathways shall be provided pursuant to Collier County LDC Section 4.02.38 D. and shall include: street furnishings, a street tree planting zone, and a pedestrian travel zone. (This is not applicable to internal parking lots.) 4. Overhead arcades, awnings or canopies, may extend over the dining and display zone, as well as, the pedestrian travel zone at a minimum height of 8 feet. Furnishings or other obstructions shall be kept out of the pedestrian travel zone. 5. Outdoor dining at building arcades or outdoor areas may be enclosed by planters, decorative fencing, or comparable moveable barriers. The dining area shall not encroach into the pedestrian travel zone. 6. Building elements in the form of arcades, overhangs, signage, marquees, bay windows, and structural supports shall be allowed to extend over the pedestrian travel zone. These allowable overhead encroachments shall be have a minimum clearance of 8 feet height above the sidewalk. E. Street Furnishings & Street Plantings. Page 1066 of 6355 [21-LDS-00125/1932122/1] Page 26 of 38 Words struck through are deleted, words underlined are added 1. This design criteria is only applicable to streets internal to commercial mixed use projects, it is not applicable to project portions fronting on existing collector or arterial roadways. 2. Street furnishings shall be provided in conjunction with the street tree planting zone. Street furnishings shall include benches per LDC Section 4.06.03B.8, one waste/recycling receptacle per 300 lineal feet of street frontage, and bike racks per LDC Section 4.05.08. Street furnishings may also include bus shelters, information kiosks, and similar furnishings. 3. Site furnishings (not associated with an individual business) shall be coordinated and fabricated of compatible materials. 4. Visual obstructions shall not be allowed within sight triangles/spaces at street intersections pursuant to 4.06.01 D.1 of the LDC. 5. The street tree planting zone shall have a minimum width of 5 feet and a minimum length of 10 feet and be located parallel to the curb. Root barriers are required to protect sidewalks and utilities. i. Within the street tree planting zone, street trees shall be spaced at a rate of 40 feet on center and may be clustered. The street tree pattern may be interrupted by overhead arcades, utilities, and pedestrian access. Trees shall have a minimum height at the start of branching of 8 feet and have an overall planting height of 16 feet. Palm trees are allowed as a substitute to canopy trees where building elements (reference LDC 2.03.06.G.3.e, and LDC 2.03.06G.7.b.i. and ii.) are closer to the street and the amount of space for landscaping, the pedestrian travel zone, and street furnishings will not allow canopy trees. Areas for canopy trees should be included at plazas, street intersections, and other areas where buildings are set back and space will allow. ii. Plantings shall include a variety of tree and shrub species with at least 50 percent of the required trees and 35 percent of the required shrubs being plants native to Florida. iii. Planting zones at the ground plane shall include turf grass; groundcover, low shrubs or flowering plants. DF. Landscape. 1. This design criteria is only applicable to streets internal to commercial mixed use projects, it is not applicable to project portions fronting on existing collector or arterial roadway. 2. Provide a variety of tree and shrub species with at least 50 percent of the required trees and 35 percent of the required shrubs being plants native to Florida. 3. Canopy trees used in open landscape areas (other than street trees) shall be a minimum of 10 feet in height, having a 4-foot diameter spread and a minimum caliper of 1¾ inches. Page 1067 of 6355 [21-LDS-00125/1932122/1] Page 27 of 38 Words struck through are deleted, words underlined are added 4. Plantings shall be a maximum of 25 percent turf grass. The balance shall be groundcover, low shrubs and/or flowers located in planting areas appropriate to the design. 5. Irrigation shall be provided for all planting areas. Irrigation control boxes and appurtenances shall be located away from direct public view. 6. Landscape buffers per section 4.06.02 of the Code "buffer requirements" shall only apply to the external boundaries of the mixed use development. Landscape buffers shall not be required internal to the mixed use development project. A Type “B” buffer shall be provided along the common boundaries when the proposed project abuts a property occupied by, or zoned to allow, a single family dwelling unit. The trees within such buffer shall be a minimum of 14 feet in height at the time of installation if the buildings are greater than a zoned height of 40 feet and are adjacent to property occupied by or zoned to allow single family dwellings. EG. Parking Lot Landscaping. 1. Up to 30 percent of the landscape islands shall have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. 2. Minimum tree size shall be 1-¾" caliper and a minimum of 10 feet in height. 3. The perimeter of all parking lots fronting on public rights-of-way shall be screened to a minimum height of 24 inches using walls, fences, landscaping or any combination thereof. 4. Parking lot perimeter landscaping areas shall be a minimum of eight (8) feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year-round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree/palm per 25 feet of linear frontage. Street trees planted within the right-of-way may be used to meet this requirement. FH. Building Foundation Plantings. 1. Building foundation plantings shall be required per section 4.06.05 of the Code, except as follows. The building regardless of its size, shall provide the equivalent of 10 percent of its ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per section 4.06.05 of the Code. However, the foundation plantings shall be located within 21 feet of the building edge in the form of landscaped courtyards and seating area landscaping. GI. Building Architectural Standards. 1. The Mixed Use Projects shall include architectural features that provide visually interesting building design at a scale appropriate for pedestrian and automobile. Page 1068 of 6355 [21-LDS-00125/1932122/1] Page 28 of 38 Words struck through are deleted, words underlined are added a. Building façades shall be designed to reduce the mass and scale of the building, by providing arcades, windows, entry features, and other design treatments in compliance with section 5.05.08 of the LDC except as follows; b. Covered pathways and arcades shall be constructed with columns a minimum width of 12 inches, if masonry and 10 inches wide, if constructed of finished steel products. c. For buildings 3 stories or more, pedestrian scale at the street level shall be maintained by incorporation of façade variations such as massing, texture, color or material on the primary façades between the first and subsequent stories. d. The following architectural options are in addition to the list of required design features identified in subsection 5.05.08 D.2.: i. Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum length of 60 percent of the façade. ii. A building recess or projection of the first floor with minimum depth of 8 feet and total minimum length of 60 percent of the façade length. iii. Architectural elements such as balconies and bay windows with a minimum depth of 3 feet and that cover a minimum of 30 percent of the façade above the first floor. (Storm shutters, hurricane shutters, screen enclosures or any other comparable feature, if applied as part of the structure, must also comply with the required minimum depth). HJ. Sign Types and Definitions shall be as provided for in section 5.06.00 the Collier County Sign Code. IK. Parking Requirements. Mixed-use developments have the opportunity to provide a variety of parking options to residents and patrons. Mixed-use projects reduce vehicular trips, and the number of required parking spaces by utilizing pedestrian-oriented design and reducing the distance between residential and commercial uses. 1. Definitions. a. On-street parking — Parking spaces located adjacent to, and accessed directly from the roadway. b. Off-street parking — Parking spaces located within parking lots or parking structures and accessed off the roadway. c. Parking lot — A ground-level area utilized for parking spaces accessible from the road and usually adjacent to the use it serves. Page 1069 of 6355 [21-LDS-00125/1932122/1] Page 29 of 38 Words struck through are deleted, words underlined are added d. Parking structure — A multi-level parking area utilized for parking spaces that serve establishments within walking distance of the structure. The structure may or may not be adjacent to the establishments it serves. 2. Design Criteria and Dimensional Requirements On-street Parking. a. Design criteria only applicable to streets internal to commercial mixed use project, not applicable to project portion fronting on existing collector or arterial roadway. b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long. For every 4 on-street parking spaces provided a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. c. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 4 on-street parking spaces provided a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing, shall be provided in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 3. Design Criteria and Dimensional Requirements Off-street Parking. a. Location — Parking lots or parking structures shall be located to the rear of buildings located on the main street, or the along the secondary/side streets. Off-street parking shall not occur in front of the primary façade. This subsection 3.a. shall not apply to projects utilizing the Mixed Income Housing Program with mixed use development by right, in accordance with LDC section 2.07.00. b. Lots shall be designed to keep all circulation between aisles internal to the lot. Driveways to parking areas shall be a minimum of 24 feet wide. c. Ninety degree parking spaces shall have a minimum drive aisle width of 24 feet and stall size of 9 feet by 18 feet. d. Sixty degree angled parking shall have a minimum drive aisle width of 20 feet, if one-way, and 24 feet, if two-way. Parking stall size shall be a minimum of 9 feet × 18 feet. 4. Handicap Parking. Handicap parking shall be located to facilitate the most direct and safest route to building entries and meet all applicable codes. Page 1070 of 6355 [21-LDS-00125/1932122/1] Page 30 of 38 Words struck through are deleted, words underlined are added 5. Parking Structures. a. Parking structure façades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. b. Parking structures without ground floor retail or residential uses along the front façade shall have a minimum 10-foot wide. Building Foundation Landscaping pursuant to section 4.06.00 of the Code. Where the parking structure is attached to the building or adjacent to preserve area, and the preserve area meets the otherwise required landscaping, no additional landscaping is required. i. All structures with uncovered parking on the top level shall have rooftop planters around the perimeter that is a minimum of 5 feet wide located around a minimum of 80 percent of the perimeter of the parking integral to the structure, or suitable architectural features to soften the building edge. ii. Parking structure lighting shall be a maximum of 20 feet in height. Lighting shall incorporate full shield cut-offs to contain light to the surface of the deck only. iii. Parking structures are also allowed to be located below grade and below habitable space. These structures must be accessed from the rear of the building. c. General Requirements and Shared Parking Agreements. i. Design criteria only applicable to streets internal to commercial mixed use project, not applicable to project portion fronting on existing collector or arterial roadway. ii. The total number of parking spaces provided in a mixed-use project shall be determined by the intended uses as required by section 4.05.00 of the Code, Off-street Parking and Loading unless modified herein. iii. Commercial areas (with streets internal to the project) must utilize on-street parking to meet at least a portion of the parking requirement. This subsection 5.c.iii. shall not apply to projects utilizing the Mixed Income Housing Program with mixed use development by right, in accordance with LDC section 2.07.00. iv. One-half of the on-street parking spaces located within one block or 0.125 mile, whichever is less, may contribute toward an individual establishment's parking requirement. v. If a commercial area is developed in one phase with one site development plan application the on-street parking may be utilized to meet parking requirements in a one-to-one (1:1) ratio. Page 1071 of 6355 [21-LDS-00125/1932122/1] Page 31 of 38 Words struck through are deleted, words underlined are added vi. The overall parking requirement may be reduced at the time of site development plan approval by consideration of a shared parking analysis. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by County staff and the applicant during the pre-application meeting, or during ongoing discussion, during the site development plan review process. vii. Establishments providing valet parking services may not utilize parking areas designated for shared use for the storage of vehicles parked by this service, unless allowed by a shared parking agreement. viii. Residential areas that are within a block or 0.125 mile of a commercial area but are not directly accessible by a vehicle due to gating or lack of vehicular interconnection may not utilize on- street parking in the commercial area to meet the residential parking requirement. ix. Residential areas may utilize on-street parking that is abutting a residential unit to meet the parking requirement in a one to one (1:1) ratio. If parking spaces are used to meet a residential parking requirement they may not then be utilized to meet any of the commercial requirement. JL. Service Areas. 1. Loading docks, solid waste facilities, recycling facilities and other services elements shall be placed to the rear or side yard of the building in visually unobtrusive locations with minimum impacts on view. 2. Refuse containers and facilities shall be hidden by an opaque wall or fencing of sufficient height to screen the bin and any appurtenances, but not less than 6 feet in height. Chain link fencing, wood fencing and chain link gates are not allowed. Walls shall be constructed of a material compatible with the principal structure it is serving. Landscaping with vines or other plants is encouraged. Enclosures shall include solid, latching gates to avoid blowing refuse. 3. Service area recesses in the building and/or depressed access ramps should also be used where applicable. 4. Businesses are encouraged to consolidate and share refuse areas and equipment. * * * * * * * * * * * * Page 1072 of 6355 [21-LDS-00125/1932122/1] Page 32 of 38 Words struck through are deleted, words underlined are added SUBSECTION 3.I. ADDING SECTION 4.02.40 HOUSING THAT IS AFFORDABLE WITHIN C-1 THROUGH C-5 COMMERCIAL ZONING DISTRICTS Section 4.02.40 Housing that is Affordable within C-1 through C-5 Commercial Zoning Districts, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: Section 4.02.40 Housing that is Affordable within C-1 through C-5 Commercial Zoning Districts A. Purpose and scope. The purpose of this section is to incentivize housing that is affordable on commercially zoned properties. This section will sunset five years from November 14, 2023, unless the Commercial Mixed Use by Right provisions in the FLUE are extended by the Board of County Commissioners by resolution. B. Applicability. 1. Residential-only development on properties zoned C-1 through C-3. a. By-right residential development within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, when located outside the boundaries of the East Naples Community Development Plan (accepted by the Board of County Commissioners on October 27, 2020), and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.11 – 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the FLUE, shall be entitled to 16 dwelling units per acre, subject to this section, excluding LDC section 4.02.40 F. b. By-right residential development within the Urban Mixed Use Subdistrict in the GGAMP – Golden Gate City Sub-Element, when located outside the boundaries of the Downtown Center Commercial Subdistrict, and when located on property zoned commercial that has been found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, as provided for in the Conversion of Commercial by Right Subdistrict in the GGAMP – Golden Gate City Sub-Element, shall be entitled to 16 dwelling units per acre, subject to this section, excluding LDC section 4.02.40 F. 2. Mixed use development. a. By-right mixed use development on properties zoned C-4 and C-5, as provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, when located within the Urban Coastal Fringe Subdistrict and Urban Residential Subdistrict in the FLUE, both as identified on the countywide Future Land Use Map (FLUM) and found Consistent by Policy as identified in FLUE Policies 5.11 – 5.13, shall be entitled to 16 dwelling units per acre, subject to this section, excluding LDC section 4.02.40 E. b. By-right mixed use development on properties zoned C-1 through C-5, as provided for in the Commercial Mixed Use by Right Subdistrict of the GGAMP – Golden Gate City Sub-element, when located within the Urban Mixed Use District in the GGAMP – Golden Gate City Sub-element and Page 1073 of 6355 [21-LDS-00125/1932122/1] Page 33 of 38 Words struck through are deleted, words underlined are added found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, shall be entitled to 16 dwelling units per acre, subject to this section excluding LDC section 4.02.40 E. C. Required agreements. An agreement pursuant to LDC section 2.06.00 or an affordable commitment by agreement, land use restriction, or ordinance pursuant to LDC section 2.07.00 shall be recorded. D. Area Median Income (AMI) distribution table. All units within the project must consist of housing that is affordable. The residential units shall be distributed in accordance with the minimum and maximum thresholds prescribed below, depending on whether they are for sale or for rent: Income Levels as a Percent of Area Median Income Percentage of Affordable Units for Sale Percentage of Affordable Units for Rent ≤140 Maximum of 33% NP1 ≤120 Maximum of 66% ≤100 Minimum of 34% Maximum of 33% ≤80 Maximum of 66% ≤50 Minimum of 34% 1 “NP” means the income level is not permitted. E. Additional requirements for residential-only housing that is affordable within C-1 through C-3 Commercial zoning districts: 1. A public facilities impact comparative analysis must be submitted and comply with the adequate public facilities requirements identified in LDC section 6.02.00. The comparative analysis must demonstrate that the proposed affordable housing project would have the same or lesser public facility impact with respect to vehicle trips, water consumption, and wastewater generation compared with the highest intensity permitted use within the commercial zoning district of the subject property, as approved by County Manager or designee. 2. A School Impact Analysis per LDC section 10.04.09 shall be required. 3. Housing that is affordable in commercial zoning districts project must satisfy the development standards of the underlying commercial zoning district, except that the minimum distance between structures shall be 10 feet. In addition, when the proposed project is abutting any property occupied by, or zoned to allow a single family dwelling unit, the following shall be applicable: a. The minimum setback from the common boundaries shall be equal to the project’s proposed zoned building height; and b. A Type “B” buffer shall be provided along the common boundaries. The trees within such buffer shall be a minimum of 14 feet in height at the time of installation if the buildings are greater than a zoned height of 40 feet and are adjacent to property occupied by or zoned to allow single family dwellings. Page 1074 of 6355 [21-LDS-00125/1932122/1] Page 34 of 38 Words struck through are deleted, words underlined are added F. Additional requirements for mixed use developments with housing that is affordable within C-1 through C-5 zoning districts: 1. Commercial uses shall be in accordance with the commercial zoning district on the subject property. Development standards shall be no less restrictive than those for the commercial zoning district on the subject property and development in the C-4 District shall not exceed a zoned height of 50 feet. 2. Residential density is calculated based upon the gross project acreage and all residential units must be housing that is affordable. 3. In the case of residential uses located within a building attached to a commercial building, or in the case of a freestanding residential building, building square footage and acreage devoted to residential uses shall not exceed 75 percent of the gross building square footage and acreage of the project. In the case of a mixed-use building, building square footage devoted to residential uses shall not exceed 75 percent of the gross building square footage. 4. Street, pedestrian pathway, and bike interconnections with abutting properties, where possible and practicable, are encouraged. * * * * * * * * * * * * SUBSECTION 3.J. ADDING SECTION 4.02.41 HOUSING THAT IS AFFORDABLE WITHIN MIXED USE ACTIVITY CENTERS AND INTERCHANGE ACTIVITY CENTERS OF THE GROWTH MANAGEMENT PLAN Section 4.02.41 Housing that is Affordable within Mixed Use Activity Centers and Interchange Activity Centers of the Growth Management Plan, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: Section 4.02.41 Housing that is Affordable within Mixed Use Activity Centers and Interchange Activity Centers of the Growth Management Plan A. To increase density beyond base density allowed within a Mixed Use Activity Center or an Interchange Activity Center, additional units per acre are required to be affordable for specified income levels, as identified in the chart within LDC section 2.07.02 A. 1. For residential only projects: a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5 DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of TDR Credits or up to 25 DU/A with the Mixed-Income Housing Program. b. In the Urban Coastal Fringe Subdistrict, projects are eligible for up to 4 DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if located outside of the CHHA. Page 1075 of 6355 [21-LDS-00125/1932122/1] Page 35 of 38 Words struck through are deleted, words underlined are added c. In the Urban Residential Subdistrict, projects are eligible for up to 16 DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if located outside of the CHHA. d. The Mixed Income Housing Program is not applicable in the Bayshore/Gateway Triangle Redevelopment Overlay. 2. For mixed use projects: a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5 DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of TDR Credits or up to 25 DU/A with the Mixed-Income Housing Program. b. In the Urban Coastal Fringe Subdistrict and in the Urban Residential Subdistrict and not within the CHHA, projects are eligible for up to 16 DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if located outside of the CHHA. c. In the Urban Coastal Fringe Subdistrict and in the Urban Residential Subdistrict if located within the CHHA, projects are eligible for up to 4 DU/A. The Mixed- Income Housing Program is not applicable in the CHHA. d. The Mixed-Income Housing Program is not applicable in the Bayshore/Gateway Triangle Redevelopment Overlay. 3. The project shall be submitted as a Planned Unit Development or Planned Unit Development Amendment. B. The following commitments are required for housing that is affordable within Mixed Use Activity Centers and Interchange Activity Centers. 1. Affordability commitments by Agreement of Ordinance pursuant to LDC section 2.07.00. 2. For units that are to be sold, at least two-thirds of the first six units per acre above 16 units per acre (for example, four of six units per acre of bonus density) must be sold to households at or below the low- and/or moderate-income levels identified within the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. Two-thirds of the final three units per acre (for example, two of three units per acre of bonus density) shall be sold to households of any of the income levels identified within the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. The maximum density shall not exceed 25 dwelling units per acre. 3. If the proposed project is to be a rental community, two-thirds of the bonus density (for example, six of nine units per acre of bonus density) must be made available to households at or below the low- and/or very-low-income levels as identified within the chart in LDC section 2.07.03 A.1. The remaining one-third of this increment shall have no required commitment for housing that is affordable. The maximum density shall not exceed 25 dwelling units per acre. Page 1076 of 6355 [21-LDS-00125/1932122/1] Page 36 of 38 Words struck through are deleted, words underlined are added C. When the proposed project is abutting any property occupied by, or zoned to permit, a single family dwelling unit: 1. The minimum setback from the common boundaries shall be equal to the project’s proposed zoned building height; and 2. A Type “B” buffer shall be provided along the common boundaries. The trees within such buffer shall be installed a minimum of 14 feet height if the buildings within the housing that is affordable project are greater than 40 feet in height. * * * * * * * * * * * * SUBSECTION 3.K. ADDING SECTION 4.02.42 TRANSIT ORIENTED DEVELOPMENT Section 4.02.42 Transit Oriented Development, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: Section 4.02.42 Transit Oriented Development A. Higher density multi-family projects are prioritized along existing and proposed Collier Area Transit routes within portions of the Urban designated areas of the County. B. Projects that front on an existing Collier Area Transit fixed route or on a proposed route as identified for funding on the Transit Development Plan that are consistent with the Transit Oriented Development Subdistrict in the GMP are eligible for a base density of up to 13 dwelling units per acre, subject to compliance with the design standards identified in LDC section 4.02.42 F. Projects are eligible for an additional 12 DU/A when providing housing that is affordable pursuant to LDC section 4.02.42 D. C. The project shall be submitted as a Planned Unit Development or Planned Unit Development Amendment D. The residential component of the PUD shall be limited to multifamily units only. E. Eligible Density. 1. Baseline TOD: a maximum of 13 units per acre. 2. Housing that is affordable TOD: a maximum of 25 units per acre. F. Design Standards for TOD. 1. A minimum of 50 percent of all units within the project shall be located within a transit core. 2. The requirement for internal interconnection among major project phases, sections, or types of uses as outlined in LDC section 4.04.02 B.2 applies to TOD project phases, sections, or types of uses. During the development or redevelopment of TOD projects, the requirement for shared access and interconnection as outlined in LDC section 4.04.02 B.3 shall also apply. Page 1077 of 6355 [21-LDS-00125/1932122/1] Page 37 of 38 Words struck through are deleted, words underlined are added 3. Setback for Principal Structures to project boundaries and buffer requirement. a. Front Yard - Minimum 10 feet, maximum 25 feet. b. Side and Rear Yard – The minimum setback shall be 50 percent of the building height, except that when abutting any property occupied by or zoned to permit a single-family dwelling unit, the minimum setback shall be equal to the project’s proposed building height. In these instances, a Type “B” buffer shall be provided along the common boundaries. 4. Where a TOD is proposed along an existing Collier Area Transit (CAT) fixed route or on a proposed route as identified for funding on the Transit Development Plan and no transit stop, shelter, or station exists, the petitioner must provide a commitment in the PUD to construct a permanent transit stop, shelter, or station in accordance with the Transit Development Plan to be eligible for the TOD density. The location shall be approved by CAT staff. G. Additional requirements for a housing that is affordable Transit Oriented Development. 1. Affordability commitments by Agreement, land use restriction recorded in the Public Records of Collier County, or Ordinance pursuant to LDC section 2.07.00 and shall be recorded. 2. For units that are to be sold, at least two-thirds of the first nine units per acre of bonus density (six units per acre) in excess of 13 units per acre must be sold to households at or below the low- and/or moderate-income levels identified within the chart in LDC section 2.07.02 A. Two-thirds of the final three units per acre of bonus density (two units per acre) shall be sold to households at any of the income levels identified within the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. 3. For units that are for rent, two-thirds of all units in excess of 13 units per acre must be made available to households at or below the low- and/or very- low- income level households as identified in the chart in LDC section 2.07.02 A. The remaining one-third of this increment shall have no required commitment for housing that is affordable. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court Page 1078 of 6355 [21-LDS-00125/1932122/1] Page 38 of 38 Words struck through are deleted, words underlined are added of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of _____________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: _____________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ Page 1079 of 6355 1 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials \PL20210001291 CHP Initiatives - LDCA (03-27- 2025).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210001291 SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment implements several initiatives from Collier County Community Housing Plan (CHP). The new provisions expand the allowance for commercial zoning to develop with a residential use or a mixed use development (residential and commercial), and to increase density within Activity Centers and along bus/transit lines [in connection with Transit Oriented Development (TOD)]. ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 1.08.01 1.08.02 2.03.03 2.05.01 2.06.03 2.07.00 2.07.01 2.07.02 4.02.01 4.02.38 4.02.40 4.02.41 4.02.42 Abbreviations Definitions Commercial Zoning Districts Density Standards and Housing Types AHDB Rating System Mixed-Income Housing Program for Housing that is Affordable (NEW) Purpose and Intent (NEW) Program Criteria (NEW) Dimensional Standards for Principal Uses in Base Zoning Districts Specific Design Criteria for Mixed Use Development within C - 1 through C-3 Zoning Districts Housing that is Affordable in Commercial Zoning Districts (NEW) Housing that is Affordable within Activity Centers or Interchange Activity Centers (NEW) Transit Oriented Development (TOD) Design Standards (NEW) CCPC 03/06/2025 DSAC 06/07/2023 DSAC-LDR 01/19/2022 06/15/2021 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with recommendations DSAC Approval with recommendations CCPC Approva l with recommendation s BACKGROUND: After much public discussion regarding the housing situation in Collier County (see Exhibit A), an Urban Land Use Institute Panel Report in 2017 concluded that Collier County has a “housing affordability problem,” and its recommendation centered upon six core strategies (see Exhibit B). On October 25, 2017, the Board accepted a Community Housing Plan (CHP) and authorized staff on February 27, 2018, to begin its implementation. As a follow up to that item, t he Board reviewed an LDC amendment (PL20180002172) on February 12, 2019. Ordinance 2019-02 approved new affordable housing definitions and the Affordable Housing Density Bonus Program (AHDB Program), which increased the affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre. At an earlier meeting, on October 9, 2018, t he Board directed staff to move forward with the final recommendations of the CHP. Staff was tasked with preparing Growth Management Plan (GMP) and LDC amendments to address five initiatives identified in the CHP. Those initiatives are identified in Exhibit C. Page 1080 of 6355 2 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials \PL20210001291 CHP Initiatives - LDCA (03-27- 2025).docx Initiative 1 was addressed when staff presented an LDC amendment (PL20200001703) to the Board on February 9, 2021. The Board adopted Ordinance 2021-05, providing relief from specified processes, to better ensure cost certainty and savings for projects containing housing that is affordable. Th e proposed LDC amendment addresses Initiatives 2, 3, and 5. The proposed provisions include the following: (2) expanding the allowance for commercial develop with a residential use or a mixed use development (residential and commercial) when providing for housing that is affordable; (3) increasing density within Activity Centers from 16 units per acre to 25 units per acre when providing for housing that is affordable; and (5) increasing density opportunities along bus/transit lines. In developing these initiatives, staff has worked with consultants, stakeholders, the development industry, non -profit agencies, and various other interested parties over the course of the last 18 months. This LDC amendment represents the implementing regulations to a companion GMP amendment (PL20210000660) to incorporate Initiatives 2, 3, and 5 within the GMP to advance opportunities for housing that is affordable. The companion GMP amendment included a sunset date, it increased density (for affordable housing), and established provisions for Strategic Opportunity Sites , which do not necessitate LDC changes. It was approved by the Board on November 14, 2023 (Ord. 2023-57). This LDC amendment will serve to implement components of Ord. 2023-57. The purpose and intent of the Mixed-Income Program for Housing that is Affordable is to incentivize affordable housing and implement the GMP, § 163.3161 et seq. Florida Statutes, and the Florida Administrative Code. The LDC amendment also proposes to modify the Affordable Housing Density Bonus Rating System table in LDC section 2.06.03. Staff determined these changes are necessary to make the program viable by promoting the greatest incentives to those households deemed to have the greatest needs. Within the existing Affordable Housing Density Bonus table, the restriction placed on rental units was only available to the income levels below the 80% of Area Median Income (AMI). This restriction did not align with the market’s response for affordable housing—most affordable housing projects proposed over the last three years had sought to provide for income restricted units on a rental basis, targeting equal to or below 100% of AMI. Additionally, the income ranges within the existing table provided too wide of a spread for the Moderate range at 80 -120% of AMI. To remedy this, staff created the “median” category, which allows for a 100 -120 percentage range, as well as an 80-100 percentage range. Staff utilized the mathematics principle of ratio relationships to justify the density bonuses provided for within the new categories. These changes are consistent with recently approved privately ini tiated GMP amendments and Board policy. Staff anticipates the approval of this amendment will result in fewer privately initiated GMP amendment requests in the future. Likewise, these changes have been endorsed by the Affordable Housing Advisory Committee (AHAC) at their May 21, 2024, meeting. One change that has occurred since DSAC -LDR is that staff added a minimum size to Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts in LDC section 4.02.01, to account for the residential units that are now proposed throughout the C-1, C-2, C-3, C-4, and C-5 zoning districts. The sizes are consistent with the minimum sizes required in the RMF -12 and RMF-16 zoning districts. DSAC-LDR Subcommittee Recommendation: On June 15, 2021, the DSAC-LDR Subcommittee discussed deleting the word “inner” from the definition of Transit Core. The DSAC -LDR recommended approval of the LDC amendment with the following changes, which have been incorporated into the amendment: • The provision for mixed use development (residential with housing that is affordable and commercial) that is currently proposed in the C-1, C-2, and C-3 zoning districts should also be carried forward to the C-4 and C-5 zoning districts as well with edits made to LDC section 4.02.38 accordingly. The LDC amendment returned to the Subcommittee on January 19, 2022, because numerous changes had been made since their last review in 2021. The Subcommittee recommended approval with a request that staff review and approve their suggested changes, includi ng requiring a vegetative buffer when a residential or mixed -use project is adjacent to a single-family development. Page 1081 of 6355 3 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials \PL20210001291 CHP Initiatives - LDCA (03-27- 2025).docx DSAC Recommendation: On June 7, 2023, the DSAC recommended approval of the LDC amendment, including the changes presented by staff, and contingent upon requiring 14 -foot tall trees within the required buffers when a housing that is affordable project contains building heights greater than 40 feet and is adjacent to single -family residential. CCPC Recommendation: On March 6, 2025, the CCPC recommended approval of the LDC amendment by a vote of 5-1, contingent upon clarifying that the maximum height of 50 feet listed in LDC section 4.02.38 C.1.c is based on zoned height . The dissenting Commissioner stated that his objection to the amendment was due to the potential for a developer to propose a project (by right) which does not conform to the community and that nobody would be notified if they were to object. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County’s stakeholders. There is a slight increase in the maintenance cost to Collier Area Transit for new bus stops associated with the TOD provisions, but they are anticipated to be minimal. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Background; B) ULI Advisory Services Panel Report ; and C) CHP Initiatives Page 1082 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx Amend the LDC as follows: 1 1.08.01 – Abbreviations 2 3 * * * * * * * * * * * * * 4 5 TND Transitional Neighborhood Design TOD Transit Oriented Development TP Turtle Permit 6 # # # # # # # # # # # # # 7 8 1.08.02 – Definitions 9 10 Abut or abutting: To share a common property line or boundary at any one point. 11 12 * * * * * * * * * * * * * 13 14 Affordable housing specifically includes the following income level targets for Collier 15 County, based on the income categories as determined by the Secretary of the U.S. Department 16 of Housing and Urban Development: 17 18 a. Very-low-income: Households whose incomes do not exceed 50 percent of the 19 median income. 20 21 b. Low-income: Households whose incomes are greater than 50 percent but do not 22 exceed 80 percent of the median income. 23 24 c. Median-income: Households whose incomes are greater than 80 percent but do 25 not exceed 100 percent of the median income. 26 27 dc. Moderate-income: Households whose incomes are greater than 100 80 percent 28 but do not exceed 120 percent of the median income. 29 30 ed. Gap-income: Households whose incomes are greater than 120 percent but do not 31 exceed 140 percent of the median income. 32 33 * * * * * * * * * * * * * 34 35 Approved affordable housing: Affordable housing that includes a long-term affordability 36 restriction wherein the cost of housing and income of the household are known and monitored, 37 for a specific period of time. This includes housing that meets the criteria of LDC section 2.06.00 38 Affordable Housing Density Bonus or LDC section 2.07.00 Mixed-Income Housing Program for 39 Housing that is Affordable. 40 41 * * * * * * * * * * * * * 42 43 44 Page 1083 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx Transit Core: The area within a quarter-mile radius around a Collier Area Transit stop, 1 shelter, or station. This is measured as a radial distance from the perimeter of the building or 2 structure footprint of the transit stop, shelter, or station. 3 4 Transit Oriented Development (TOD): A project or projects, in areas identified in the GMP, 5 that is or will be served by existing or planned Collier Area Transit service. TODs are subject to 6 standards that require the development to be compact, interconnected with other land uses, and 7 pedestrian oriented, and dwelling units are required to be multi-family. 8 9 # # # # # # # # # # # # # 10 11 2.03.03 – Commercial Zoning Districts 12 13 A. Commercial Professional and General Office District (C-1). The purpose and intent of the 14 commercial professional and general office district C-1 is to allow a concentration of office 15 type buildings and land uses that are most compatible with, and located near, residential 16 areas. Most C-1 commercial, professional, and general office districts are contiguous to, 17 or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 18 serve as a transitional zoning district between residential areas and higher intensity 19 commercial zoning districts. The types of office uses permitted are those that do not have 20 high traffic volumes throughout the day, which extend into the evening hours. They will 21 have morning and evening short-term peak conditions. The market support for these office 22 uses should be those with a localized basis of market support as opposed to office 23 functions requiring inter-jurisdictional and regional market support. Because office 24 functions have significant employment characteristics, which are compounded when 25 aggregations occur, certain personal service uses shall be permitted, to provide a 26 convenience to office-based employment. Such convenience commercial uses shall be 27 made an integral part of an office building as opposed to the singular use of a building. 28 Housing may also be a component of this district as provided for through for housing that 29 is affordable or through conditional use approval. 30 31 1. The following uses, as identified with a number from the Standard Industrial 32 Classification Manual (1987), or as otherwise provided for within this section are 33 permissible by right, or as accessory or conditional uses within the C -1 commercial 34 professional and general office district. 35 36 a. Permitted uses. 37 38 1. Accounting (8721). 39 40 * * * * * * * * * * * * * 41 42 16. Direct mail advertising services (7331). 43 44 17. Dwellings (i.e., single-family, multi-family, or townhouse), provided 45 such use contains housing that is affordable in accordance with 46 LDC section 4.02.40. This use will sunset five years from 47 November 14, 2023, unless extended by the Board of County 48 Commissioners by resolution. If mixed use, see 28. below. 49 Page 1084 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 1817. Educational plants and public schools subject to LDC section 2 5.05.14. 3 4 1918. Engineering services (8711). 5 6 2019. Essential services, subject to LDC section 2.01.03. 7 8 2120. Group care facilities (category I and II, except for homeless 9 shelters); care units, except for homeless shelters; nursing homes; 10 assisted living facilities pursuant to § 429.02 F.S. and ch. 59A -36 11 F.A.C.; and continuing care retirement communities pursuant to ch. 12 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 13 5.05.04. 14 15 2221. Health services, offices and clinics (8011—8049). 16 17 2322. Insurance carriers, agents and brokers (6311—6399, 6411). 18 19 2423. Landscape architects, consulting and planning (0781). 20 21 2524. Legal services (8111). 22 23 2625. Loan brokers (6163). 24 25 2726. Management services (8741 and 8742). 26 27 28. Mixed residential and commercial uses, provided that such 28 residential use (i.e., single-family, multi-family, or townhouse) 29 contains housing that is affordable and complies with LDC sections 30 4.02.38 and 4.02.40. This use will sunset five years from November 31 14, 2023, unless extended by the Board of County Commissioners 32 by resolution. 33 34 2927. Mortgage bankers and loan correspondents (6162). 35 36 - Remainder of list to be renumbered accordingly – 37 38 4341. Any other commercial use or professional service which is 39 comparable in nature with the foregoing uses including those that 40 exclusively serve the administrative as opposed to the operational 41 functions of a business and are associated purely with activities 42 conducted in an office, as determined by the Hearing Examiner or 43 CCPC, pursuant to LDC section 10.02.06 K. 44 45 * * * * * * * * * * * * * 46 47 Page 1085 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx c. Conditional uses. The following uses are permissible as conditional uses 1 in the (C-1) commercial professional and general office district, subject to 2 the standards and procedures established in LDC section 10.08.00. 3 4 * * * * * * * * * * * * * 5 12. Mixed residential and commercial uses, subject to design criteria 6 contained in section 4.02.38 except where superseded by the 7 following criteria: 8 9 * * * * * * * * * * * * * 10 11 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 12 convenience district (C-2) is to provide lands where commercial establishments may be 13 located to provide the small-scale shopping and personal needs of the surrounding 14 residential land uses within convenient travel distance except to the extent that office uses 15 carried forward from the C-1 district will expand the traditional neighborhood size. 16 However, the intent of this district is that retail and service uses be of a nature that can be 17 economically supported by the immediate residential environs. Therefore, the uses should 18 allow for goods and services that households require on a daily basis, as opposed to those 19 goods and services that households seek for the most favorable economic price and, 20 therefore, require much larger trade areas. It is intended that the C -2 district implements 21 the Collier County GMP within those areas designated agricultural/rural; estates 22 neighborhood center district of the Golden Gate Master Plan; the neighborhood center 23 district of the Immokalee Master Plan; and the urban mixed use district of the future land 24 use element permitted in accordance with the locational criteria for commercial and the 25 goals, objectives, and policies as identified in the future land use element of the Collier 26 County GMP. Housing may also be a component of this district for housing that is 27 affordable or through conditional use approval. The maximum density permissible in the 28 C-2 district and the urban mixed use land use designation shall be guided, in part, by the 29 density rating system contained in the future land use element of the Collier County GMP. 30 The maximum density permissible or permitted in a district shall not exceed the density 31 permissible under the density rating system. 32 33 1. The following uses, as identified with a number from the Standard Industrial 34 Classification Manual (1987), or as otherwise provided for within this section are 35 permissible by right, or as accessory or conditional uses within the C -2 commercial 36 convenience district. 37 38 a. Permitted uses. 39 40 1. Accounting (8721). 41 42 * * * * * * * * * * * * * 43 44 23. Direct mail advertising services (7331). 45 46 24. Dwellings (i.e., single-family, multi-family, or townhouse), provided 47 such use contains housing that is affordable in accordance with 48 LDC section 4.02.40. This use will sunset five years from 49 Page 1086 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx November 14, 2023, unless extended by the Board of County 1 Commissioners by resolution. If mixed use, see 47. below. 2 3 2524. Eating places (5812, except contract feeding, dinner theaters, 4 institutional food service, and industrial feeding) with 2,800 square 5 feet or less of gross floor area in the principal structure). 6 7 2625. Educational plants and public schools subject to LDC section 8 5.05.14. 9 10 2726. Engineering services (8711). 11 12 2827. Essential services, subject to section 2.01.03. 13 14 2928. Food stores (groups 5411 - except supermarkets, 5421—5499) 15 with 2,800 square feet or less of gross floor area in the principal 16 structure. 17 18 3029. Funeral services (7261, except crematories). 19 20 3130. Garment pressing, and agents for laundries and drycleaners 21 (7212). 22 23 3231. Gasoline service stations (5541, subject to section 5.05.05). 24 25 3332. General merchandise stores (5331—5399) with 1,800 square feet 26 or less of gross floor area in the principal structure. 27 28 3433. Glass stores (5231) with 1,800 square feet or less of gross floor 29 area in the principal structure. 30 31 3534. Group care facilities (category I and II, except for homeless 32 shelters); care units, except for homeless shelters; nursing homes; 33 assisted living facilities pursuant to § 429.02 F.S. and ch. 59A -36 34 F.A.C.; and continuing care retirement communities pursuant to ch. 35 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 36 5.05.04. 37 38 3635. Hardware stores (5251) with 1,800 square feet or less of gross floor 39 area in the principal structure. 40 41 3736. Health services, offices and clinics (8011—8049). 42 43 3837. Home furniture and furnishings stores (5713—5719) with 1,800 44 square feet or less of gross floor area in the principal structure. 45 46 3938. Home health care services (8082). 47 48 4039. Insurance carriers, agents and brokers (6311—6399, 6411). 49 Page 1087 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 4140. Landscape architects, consulting and planning (0781). 2 3 4241. Laundries and drycleaning, coin operated — self service (7215). 4 5 4342. Legal services (8111). 6 7 4443. Libraries (8231, except regional libraries). 8 9 4544. Loan brokers (6163). 10 11 4645. Management services (8741 and 8742). 12 13 47. Mixed residential and commercial uses, provided that such 14 residential use (i.e., single-family, multi-family, or townhouse) 15 contains housing that is affordable and complies with LDC sections 16 4.02.38 and 4.02.40. This use will sunset five years from 17 November 14, 2023, unless extended by the Board of County 18 Commissioners by resolution. 19 20 4846. Mortgage bankers and loan correspondents (6162). 21 22 - Remainder of list to be renumbered accordingly – 23 24 7775. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 25 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or 26 greater limitation. 27 28 * * * * * * * * * * * * * 29 30 c. Conditional uses. The following uses are permissible as conditional uses 31 in the commercial convenience district (C-2), subject to the standards and 32 procedures established in LDC section 10.08.00. 33 34 * * * * * * * * * * * * * 35 36 7. Mixed residential and commercial uses, subject to design criteria 37 contained in LDC section 4.02.38 except where superseded by 38 the following criteria: 39 40 * * * * * * * * * * * * * 41 42 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 43 intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas 44 expected to receive a higher degree of automobile traffic. The type and variety of goods and 45 services are those that provide an opportunity for comparison shopping, have a trade area 46 consisting of several neighborhoods, and are preferably located at the intersection of two -arterial 47 level streets. Most activity centers meet this standard. This district is also intended to allow all of 48 the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping 49 Page 1088 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx centers. This district is not intended to permit wholesaling type of uses, or land uses that have 1 associated with them the need for outdoor storage of equipment and merchandise. A mixed -use 2 project containing a residential component is permitted in this district subject to the criteria 3 established herein. The C-3 district is permitted in accordance with the locational criteria for 4 commercial and the goals, objectives, and policies as identified in the future land use element of 5 the Collier County GMP. Housing may also be a component of this district for housing that is 6 affordable or through conditional use approval. The maximum density permissible in the C-3 7 district and the urban mixed use land use designation shall be guided, in part, by the density rating 8 system contained in the future land use element of the Collier County GMP. The maximum density 9 permissible or permitted in the C-3 district shall not exceed the density permissible under the 10 density rating system. 11 12 1. The following uses, as identified with a number from the Standard Industrial 13 Classification Manual (1987), or as otherwise provided for within this section are 14 permissible by right, or as accessory or conditional uses within the commercial 15 intermediate district (C-3). 16 17 a. Permitted uses. 18 19 1. Accounting (8721). 20 21 * * * * * * * * * * * * * 22 23 30. Drug stores (5912). 24 25 31. Dwellings (i.e., single-family, multi-family, or townhouse), provided 26 such use contains housing that is affordable in accordance with 27 LDC section 4.02.40. This use will sunset five years from 28 November 14, 2023, unless extended by the Board of County 29 Commissioners by resolution. If mixed use, see 60. below. 30 31 3231. Eating places (5812 only) with 6,000 square feet or less in gross 32 floor area in the principal structure. All establishments engaged in 33 the retail sale of alcoholic beverages for on-premise consumption 34 are subject to locational requirements of section 5.05.01. 35 36 3332. Educational plants and public schools subject to LDC section 37 5.05.14. 38 39 3433. Engineering services (8711). 40 41 3534. Essential services, subject to section 2.01.03. 42 43 3635. Federal and federally-sponsored credit agencies (6111). 44 45 3736. Food stores (groups 5411—5499) with 5,000 square feet or less of 46 gross floor area in the principal structure. 47 48 3837. Funeral services (7261, except crematories). 49 Page 1089 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 3938. Garment pressing, and agents for laundries and drycleaners 2 (7212). 3 4 4039. Gasoline service stations (5541, subject to section 5.05.05). 5 6 4140. General merchandise stores (5331—5399) with 5,000 square feet 7 or less of gross floor area in the principal structure. 8 9 4241. Glass stores (5231) with 5,000 square feet or less of gross floor 10 area in the principal structure. 11 12 4342. Group care facilities (category I and II, except for homeless 13 shelters); care units, except for homeless shelters; nursing homes; 14 assisted living facilities pursuant to § 429.02 F.S. and ch. 589A -36 15 F.A.C.; and continuing care retirement communities pursuant to ch. 16 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 17 5.05.04. 18 19 4443. Hardware stores (5251) with 1,800 square feet or less of gross floor 20 area in the principal structure. 21 22 4544. Health services, offices and clinics (8011—8049). 23 24 4645. Home furniture and furnishings stores (5712—5719) with 5,000 25 square feet or less of gross floor area in the principal structure. 26 27 4746. Home health care services (8082). 28 29 4847. Household appliance stores (5722) with 5,000 square feet or less 30 of gross floor area in the principal structure. 31 32 4948. Insurance carriers, agents and brokers (6311—6399, 6411). 33 34 5049. Labor unions (8631). 35 36 5150. Landscape architects, consulting and planning (0781). 37 38 5251. Laundries and drycleaning, coin operated — self service (7215). 39 40 5352. Laundries, family and commercial (7211). 41 42 5453. Legal services (8111). 43 44 5554. Libraries (8231). 45 46 5655. Loan brokers (6163). 47 48 5756. Management services (8741 and 8742). 49 Page 1090 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 5857. Marinas (4493), subject to section 5.05.02.58.Membership 2 organizations, miscellaneous (8699). 3 4 5958. Membership organizations, miscellaneous (8699). 5 6 60. Mixed residential and commercial uses, provided that such 7 residential use (i.e., single-family, multi-family, or townhouse) 8 contains housing that is affordable and complies with LDC sections 9 4.02.38 and 4.02.40. This use will sunset five years from November 10 14, 2023, unless extended by the Board of County Commissioners 11 by resolution. 12 13 6159. Mortgage bankers and loan correspondents (6162). 14 15 - Remainder of list to be renumbered accordingly – 16 17 9997. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 18 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or 19 greater limitation. 20 21 * * * * * * * * * * * * * 22 23 c. Conditional uses. The following uses are permissible as conditional uses 24 in the commercial intermediate district (C-3), subject to the standards and 25 procedures established in LDC sections 4.02.02 and 10.08.00. 26 27 * * * * * * * * * * * * * 28 29 17. Mixed residential and commercial uses, subject to design criteria 30 contained in section 4.02.38 except where superseded by the 31 following criteria: 32 33 * * * * * * * * * * * * * 34 35 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 36 provide for those types of land uses that attract large segments of the population at the 37 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 38 the C-4 district is to provide the opportunity for the most diverse types of commercial 39 activities delivering goods and services, including entertainment and recreational 40 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 41 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 42 storage of merchandise and equipment is prohibited, except to the extent that it is 43 associated with the commercial activity conducted on -site such as, but not limited to, 44 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 45 centers are suitable locations for the uses permitted by the C -4 district because most 46 activity centers are located at the intersection of arterial roads. Therefore the uses in the 47 C-4 district can most be sustained by the transportation network of major roads. The C -4 48 district is permitted in accordance with the locational criteria for uses and the goals, 49 Page 1091 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx objectives, and policies as identified in the future land use element of the Collier County 1 GMP. Housing may also be a component of this district as a permitted use if the proposed 2 development provides housing that is affordable and contains a mix of residential and 3 commercial uses. The maximum density permissible or permitted in a district shall not 4 exceed the density permissible under the density rating system . 5 6 1. The following uses, as defined with a number from the Standard Industrial 7 Classification Manual (1987), or as otherwise provided for within this section are 8 permissible by right, or as accessory or conditional uses within the general 9 commercial district (C-4). 10 11 a. Permitted uses. 12 13 1. Accounting (8721). 14 15 * * * * * * * * * * * * * 16 17 47. Drug stores (5912). 18 19 48. Eating and drinking establishments (5812 and 5813) excluding 20 bottle clubs. All establishments engaged in the retail sale of 21 alcoholic beverages for on-premise consumption are subject to the 22 locational requirements of LDC section 5.05.01. 23 24 - Remainder of list to be renumbered accordingly – 25 26 87. Membership sports and recreation clubs, indoor (7997). 27 28 88. Mixed residential and commercial uses, provided that such 29 residential use (i.e., single-family, multi-family, or townhouse) 30 contains housing that is affordable and complies with LDC sections 31 4.02.38 and 4.02.40. This use will sunset five years from November 32 14, 2023, unless extended by the Board of County Commissioners 33 by resolution. 34 35 - Remainder of list to be renumbered accordingly – 36 37 1442. Any other general commercial use which is comparable in nature 38 with the list of permitted uses and consistent with the purpose and 39 intent statement of the district, as determined by the Hearing 40 Examiner or CCPC, pursuant to LDC section 10.02.06 K. 41 42 * * * * * * * * * * * * * 43 44 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 45 the heavy commercial district (C-5) allows a range of more intensive commercial uses and 46 services which are generally those uses that tend to utilize outdoor space in the conduct 47 of the business. The C-5 district permits heavy commercial services such as full-service 48 automotive repair, and establishments primarily engaged in construction and specialized 49 Page 1092 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx trade activities such as contractor offices, plumbing, heating and air conditioning services, 1 and similar uses that typically have a need to store construction associated equipment 2 and supplies within an enclosed structure or have showrooms displaying the building 3 material for which they specialize. Outdoor storage yards are permitted with the 4 requirement that such yards are completely enclosed or opaquely screened. The C -5 5 district is permitted in accordance with the locational criteria for uses and the goals, 6 objectives, and policies as identified in the future land use element of the Collier County 7 GMP. Housing may also be a component of this district as a permitted use if the proposed 8 development provides housing that is affordable and contains a mix of residential and 9 commercial uses. 10 11 1. The following uses, as identified with a number from the Standard Industrial 12 Classification Manual (1987), or as otherwise provided for within this section are 13 permissible by right, or as accessory or conditional uses within the heavy 14 commercial district (C-5). 15 16 a. Permitted uses. 17 18 1. Accounting (8721). 19 20 * * * * * * * * * * * * * 21 22 55. Drug stores (5912). 23 24 56. Eating and drinking establishments (5812 and 5813) excluding 25 bottle clubs. All establishments engaged in the retail sale of 26 alcoholic beverages for on-premise consumption are subject to the 27 locational requirements of LDC section 5.05.01. 28 29 - Remainder of list to be renumbered accordingly – 30 31 107. Membership sports and recreation clubs, indoor (7997). 32 33 108. Mixed residential and commercial uses, provided that such 34 residential use (i.e., single-family, multi-family or townhouse) 35 contains housing that is affordable and complies with LDC sections 36 4.02.38 and 4.02.40. This use will sunset five years from November 37 14, 2023, unless extended by the Board of County Commissioners 38 by resolution. 39 40 - Remainder of list to be renumbered accordingly – 41 42 # # # # # # # # # # # # # 43 44 45 46 47 48 49 Page 1093 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 2.05.01 - Density Standards and Housing Types 1 2 A. Where residential uses are allowable, the following density standards and housing type 3 criteria shall apply. 4 Housing Type: Zoning District: Single-family Duplex Townhouse Multifamily Mobile Home Cluster Guest House Caretaker Units (number allowed) Timeshare Recreational vehicles1 Maximum Density2, 17 (units per gross acre) GC Two A ✓ S ✓ 0.2 (1 unit per 5 acres) E ✓ ✓ 0.44 (1 unit per 2.25 acres) RSF-1 ✓ ✓ ✓ 1 RSF-2 ✓ ✓ ✓ 2 RSF-3 ✓ ✓ ✓ 3 RSF-4 ✓ ✓ ✓ 4 RSF-5 ✓ ✓ ✓ 5 RSF-6 ✓ ✓ ✓ 6 RMF-6 ✓ ✓ ✓ ✓ ✓ ✓ 6 RMF-12 S ✓ ✓ ✓ 12 RMF-16 ✓ ✓ 16 RT 3, 17 ✓ 26 RT 4, 17 ✓ ✓ ✓ 16 RT 5, 17 ✓ ✓ ✓ 16 VR6 ✓ ✓ ✓ 7.26 VR7 ✓ ✓ 8.71 VR8 ✓ ✓ 14.52 MH9 ✓ One 7.26 TTRVC One ✓ 12 C-110 See C. and D. below ✓ ✓ ✓ One 3-16 C-210 See C. and D. below ✓ ✓ ✓ One 3-16 C-310 See C. and D. below ✓ ✓ ✓ One 3-16 C-4 See C. below ✓ ✓ ✓ One 16 C-5 See C. below ✓ ✓ ✓ One 16 I One BP One CON11 ✓ 0.2 (1 unit per 5 acres) 0.33 (1 unit Page 1094 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 16 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx per 3 acres) Big Cypress BZO12 S S S S 12 GT ZO12 S S S S 12 R-1 ✓ ✓ ✓ ✓ R-2 ✓ ✓ ✓ ✓ GZO Per underlying zoning district VB-RTO17 ✓ ✓ ✓ 16 for timeshare mf & twnhses; 26 for hotels and motels GGPOD ✓ ✓ Per the GMP RFMU13 ✓ ✓16 0.025 (1 unit per 40 acres) RFMU14 ✓ ✓ ✓ ✓ ✓16 ✓ ✓ ✓ 0.2 (1 unit per 5 acres) RFMU15 ✓ ✓ ✓ ✓ ✓16 ✓ ✓ ✓ ✓ 0.2 (1 unit per 5 acres) MHO ✓ 0.2 (1 unit per 5 acres) Legend: 1 S = permitted subject to supplemental standards 2 1 Recreational vehicles include travel trailers, park models, pickup coaches, and motor homes. 3 4 2 Density is calculated as the number of residential dwelling units per gross acre (see definition 5 of density, residential). Generally, in all zoning districts except for A, E and CON, this indicates 6 the maximum allowable density , including any applicable density bonuses per the density 7 rating system in the growth management plan. However, density Density may be restricted 8 by the board of county commissioners at the time of rezoning to something less than the 9 maximum, as indicated parenthetically on the official zoning atlas maps. For example, "RMF -10 6(4)" allows all uses and development standards of the RMF -6 zoning district but density is 11 limited to 4 dwelling units per acre. 12 13 3 A maximum of 26 dwelling units per acre are allowed for hotels and motels. A hotel or motel 14 in Port of the Islands may offer timeshare units and retain the density of 26 units per acre. 15 Outside of Port of the Islands, a hotel or motel or multi -family structure including a 16 condominium which offers timeshare units is permitted a density of up to 16 units per acre. 17 18 4 For RT zoning located inside Activity Centers as designated on the Growth Management 19 Plan's Future Land Use Map, residential units (including those for timeshares and multifamily 20 uses) are allowed at a maximum of 16 dwelling units per acre. Similarly for RT zoning not 21 located within Activity Centers but in existence at the time of adoption of the LDC (October 22 30, 1991), residential units are allowed at a maximum of 16 units per acre. 23 24 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption 25 of this LDC (October 30, 1991), allowed density is per the density rating system up to 16 26 Page 1095 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 17 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx dwelling units per acre. The calculation of density shall be based on the land area defined by 1 a lot(s) of record. 2 3 6 Density for single-family and mobile home, with or without clustering. 4 5 7 Density for duplex, with or without clustering. 6 7 8 Density for multi -family, with or without clustering. 8 9 9 In the MH district, modular homes are allowable. 10 11 10 Properties with mixed use development, with or without housing that is affordable, include a 12 range of residential densities. Mixed use development permitted by conditional use is not 13 subject to this table zoned C-1 through C-3 may have associated residential densities in 14 instances of mixed-use development pursuant to the Future Land Use Element of the Growth 15 Management Plan. 16 17 11 The density of 1 dwelling unit per 3 gross acres only applies to private in -holdings within the 18 Big Cypress National Preserve that were in existence prior to October 14, 1974. 19 20 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the Mixed 21 Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 22 23 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending Lands 24 (see LDC section 2.03.08). 25 26 14 One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see 27 LDC section 2.03.08). 28 29 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving Lands 30 located outside of a Rural Village with redemption of Transfer of Development Rights (TDR) 31 credits; 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands without 32 redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre in RFMU 33 Receiving Lands located within a Rural Village with the redemption of TDR credits (see LDC 34 section 2.03.08). 35 36 16 Only if Mobile Home Overlay exists. 37 38 17 Lock-off unit: Where the floor area of a timeshare unit or hotel room contains lock -off 39 accommodations , which can be occupied separately from the main living unit, each lock -off 40 accommodation shall be counted as a full timeshare unit when computing the allowable 41 density. 42 43 B. Acreage associated with historical/archaeological resources preserved within the 44 boundaries of a project shall be included in calculating the project's permitted density. 45 46 C. Where mixed use development is allowable per footnote 10 in LDC section 2.05.01 A., the 47 density standards and housing type criteria in the above table and within this subsection 48 below apply. LDC subsections C.2. and C.3. will sunset five years from November 14, 49 2023 unless extended by the Board of County Commissioners by resolution. 50 51 Page 1096 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 18 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1. All mixed use development (commercial and residential) on properties zoned C-1, 1 C-2, or C-3, as provided for in the Commercial Mixed Use by Right Subdistrict of 2 the FLUE, shall be subject to the below density limits and housing affordability 3 requirements. 4 5 a. For property not within the Urban Residential Fringe Subdistrict, but within 6 the Coastal High Hazard Area, both as identified on the countywide Future 7 Land Use Map (FLUM), density shall be limited to 4 dwelling units per acre; 8 density in excess of 3 dwelling units per acre must be comprised of housing 9 that is affordable in accordance with LDC section 2.06.00. 10 11 b. For property not within the Urban Residential Fringe Subdistrict and not 12 within the Coastal High Hazard Area, both as identified on the countywide 13 FLUM, density shall be limited to 16 dwelling units per acre; density in 14 excess of three dwelling units per acre and up to 15 dwelling units per acre 15 must be comprised of housing that is affordable in accordance with LDC 16 section 2.06.00. 17 18 2. All mixed use development on properties zoned C-4 and C-5, as provided for in 19 the Commercial Mixed Use by Right Subdistrict of the FLUE, shall be subject to 20 the below density limits and housing affordability requirements. This section will 21 sunset five years from November 14, 2023, unless extended by the Board of 22 County Commissioners by resolution as a regular agenda item. 23 24 a. For property within the Urban Coastal Fringe Subdistrict and Urban Residential 25 Subdistrict in the FLUE, both as identified on the countywide Future Land Use 26 Map (FLUM) and found Consistent by Policy as identified in FLUE Policies 5.11 27 – 5.13, the maximum density permitted is 16 affordable housing dwelling units 28 per gross acre. 29 30 3. All mixed use development on properties zoned C-1 through C-5, as provided for 31 in the Commercial Mixed Use by Right Subdistrict of the GGAMP – Golden Gate 32 City Sub-element, shall be subject to the below density limits and housing 33 affordability requirements. This section will sunset five years from November 14, 34 2023, unless extended by the Board of County Commissioners by resolution as a 35 regular agenda item. 36 37 a. For property within the Urban Mixed Use District in the GGAMP – Golden 38 Gate City Sub-element and found Consistent by Policy as identified in 39 FLUE Policies 5.12 and 5.13, the maximum density permitted is 16 40 affordable housing dwelling units per gross acre. 41 42 D. Where residential only uses are allowable on properties zoned C-1 through C-3, the 43 density standards and housing type criteria in the above table and within this subsection 44 shall apply. This Subsection D. will sunset five years from November 14, 2023, unless 45 extended by the Board of County Commissioners by resolution. 46 47 1. By-right residential development within the Urban Coastal Fringe Subdistrict and 48 Urban Residential Subdistrict in the FLUE, when located outside the boundaries 49 Page 1097 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 19 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx of the East Naples Community Development Plan (accepted by the Board of 1 County Commissioners on October 27, 2020), and when located on property 2 zoned commercial that has been found Consistent by Policy as identified in FLUE 3 Policies 5.11 – 5.13, as provided for in the Conversion of Commercial by Right 4 Subdistrict in the FLUE: The maximum density permitted is 16 affordable housing 5 dwelling units per gross acre. 6 7 2. By-right residential development within the Urban Mixed Use Subdistrict in the 8 GGAMP – Golden Gate City Sub-Element, when located outside the boundaries 9 of the Downtown Center Commercial Subdistrict, and when located on property 10 zoned commercial that has been found Consistent by Policy as identified in FLUE 11 Policies 5.12 and 5.13, as provided for in the Conversion of Commercial by Right 12 Subdistrict in the GGAMP – Golden Gate City Sub-Element: The maximum density 13 permitted is 16 affordable housing dwelling units per gross acre. 14 15 # # # # # # # # # # # # # 16 17 2.06.03 - AHDB Rating System 18 19 A. The AHDB rating system shall be used to determine the amount of the AHDB which may 20 be granted for a development, based on household income level, type of affordable 21 housing units (owner-occupied or rental, single-family or multi-family), and percentage of 22 affordable housing units in the development. To use the AHDB rating system, Table A 23 below, shall be used. Table A shall be reviewed and updated, if necessary, on an annual 24 basis by the BCC or its designee. 25 26 Table A. Affordable Housing Density Bonus 27 (Additional Available Dwelling Units Per Gross Acre) 28 29 Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing 1, 2, 3 Product (% of MI) 10 % 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap (>120—≤140)4, 5 1 2 3 4 5 6 7 8 n/a 9 n/a 10 Moderate (>10080—≤120)4 2 4 3 5 4 6 5 7 6 8 7 9 8 10 9 11 10 12 11 Median (>80—≤100) 2.5 3 5 4 6 5 7 6 8 7 9 8 10 9 11 10 11.5 11 12 Low (>50—≤80) 3 7 6 8 7 9 8 10 9 11 10 12 11 12 12 12 12 Very-Low (≤50) 7 9 8 10 9 11 10 12 11 12 12 12 12 12 12 30 1 Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no event 31 shall the maximum gross density exceed that which is allowed pursuant to the GMP. 32 33 2 Developments with percentages of affordable housing units which fall in between the 34 percentages shown on Table A shall receive an AHDB equal to the lower of the two 35 Page 1098 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 20 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for each 1 additional percentage of affordable housing units in the development. 2 3 3 Where more than one type of affordable housing unit (based on level of income shown 4 above) is proposed for a development, the AHDB for each type shall be calculated 5 separately. After the AHDB calculations for each type of affordable housing unit have been 6 completed, the AHDB for each type of unit shall be added to those for the other type(s) to 7 determine the maximum AHDB available for the development. In no event shall the AHDB 8 exceed 12 dwelling units per gross acre. 9 10 4 May only be used in conjunction with at least 20% at or below 100% MI Owner-occupied 11 only. 12 13 5 Owner occupied only. May only be used in conjunction with at least 20% at or below 120% 14 MI. 15 16 2.07.00 – Mixed-Income Housing Program for Housing that is Affordable 17 18 2.07.01 – Purpose and Intent 19 20 A. This section is intended to incentivize developments that provide a mix of housing 21 affordability, including units that are affordable to gap-, moderate-, median-, low-, or very-22 low-income levels through the use of bonus density, which allows for an increase in the 23 number of residential dwelling units per acre on property proposed for development. 24 25 B. This incentivization is accomplished by implementing a Mixed-Income Housing Program, 26 which consists of a commitment by an agreement, land use restriction recorded in the 27 Public Records of Collier County, or ordinance to provide for housing that is affordable. 28 The purpose of the Program is to provide increased residential densities to developers 29 who guarantee that all or a portion of their housing development will provide units that are 30 affordable at gap-, moderate-, median-, low-, or very-low-income levels, as specified in 31 LDC section 4.02.41 and LDC section 4.02.42. 32 33 2.07.02 – Program Criteria 34 35 The following conditions shall apply to all developments associated with the Mixed -Income 36 Housing Program. 37 38 A. Mixed-Income Housing Program Eligibility. 39 40 1. The rental price or sales price for all units designated as Housing that is Affordable 41 within the project must be affordable to households at income levels identified in 42 the below chart to qualify for the allowable bonus density outlined in LDC section 43 4.02.40, LDC section 4.02.41, and LDC section 4.02.42: 44 45 Income Level as a percent of Median Income Gap (>120 to ≤140) Moderate (>100 to ≤120) Median (>80 to ≤100) Low (>50 to ≤80) Very Low (≤50) Page 1099 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 21 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 2. At the time of application for the Development Order, the developer must identify 2 the total number of housing units within the development and the total number of 3 units that are affordable, categorized by level of income, type of unit (i.e., single-4 family or multifamily, owner-occupied or rental), and number of bedrooms per unit. 5 6 3. The ratio of the number of bedrooms per unit for housing that is affordable shall in 7 general be equal to or greater than the number of bedrooms per unit for the market 8 rate housing within an entire project. 9 10 4. The units that are affordable shall be intermixed with, and not segregated from, the 11 market rate units in the development. 12 13 5. In order to qualify for the bonus density through the Mixed-Income Housing 14 Program, the developer must comply with the provisions of this section and record 15 a Mixed-Income Housing Commitment by agreement, ordinance, or other type of 16 land use restriction recorded in the Public Records of Collier County . 17 18 B. Mixed-Income Housing Commitment. The commitment to provide Housing that is 19 Affordable through the Mixed-Income Housing Program will be by agreement, ordinance, 20 or other type of land use restriction recorded in the Public Records of Collier County and 21 shall include at a minimum, the following provisions: 22 23 1. Units committed as affordable through the Mixed -Income Housing Program shall 24 be affordable for 30 years from the initial date of sale or rent. 25 26 2. The conditions contained in the agreement, ordinance, or other type of land use 27 restriction that is recorded in the Public Records of Collier County shall constitute 28 covenants, restrictions, and conditions which shall run with the land and be binding 29 upon the property and the owner’s successors and assigns. This commitment 30 must be agreed to by the owner for an owner-occupied unit or by the developer for 31 renter-occupied units, in an instrument to be recorded with the Clerk of the Circuit 32 Court of Collier County, Florida. 33 34 3. No unit that is committed as affordable through the Mixed -Income Housing 35 Program shall be rented to a tenant whose household income has not been verified 36 and certified in accordance with this section. Such verification shall be the 37 responsibility of the developer and shall be submitted to the County Manager or 38 designee for certification. 39 40 4. No unit that is committed as affordable through the Mixed -Income Housing 41 Program shall be sold, leased with option to purchase, or otherwise conveyed to a 42 buyer whose household income has not been verified and certified in accordance 43 with this section. Such verification shall be the responsibility of the developer and 44 shall be submitted to the County Manager or designee for certification. It is the 45 intent of this section to keep housing affordable; therefore, any person who buys 46 a Mixed-Income Housing Program unit must agree, in an instrument to be recorded 47 with the Clerk of the Circuit Court of Collier County, Florida, that if the property is 48 sold (to a non-income qualified buyer, including the land and/or the unit) within 30 49 Page 1100 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 22 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx years after the original purchase at a sales price in excess of five percent per year 1 of the original purchase price that he/she will pay to the Collier County Affordable 2 Housing Trust Fund an amount equal to one-half of the sales price in excess of the 3 five percent increase per year. The lien instrument may be subordinated to a 4 qualifying first mortgage. 5 6 C. Income Verification and certification. Evidence of income must be verified and certified 7 by the County Manager or designee. The income verification and certification may take 8 the form of the most recent year's filed income tax return for each occupant who had filed 9 and will occupy the affordable housing unit. In the absence of tax returns, income may be 10 verified and certified in the same manner as stipulated in LDC section 2.06.05 B.4. and 11 subject to approval by the County Attorney’s Office. 12 13 1. For owner-occupied units, an income verification form must be submitted by the 14 developer, and a certification letter must be obtained from the County Manager or 15 designee stating that the household income meets the applicable income level 16 threshold required for the unit prior to issuance of certificate of occupancy for that 17 unit. The income verification and certification may take the form of the most recent 18 year's filed income tax return for each occupant who had filed and will occupy the 19 affordable housing unit. 20 21 2. For rental units, an income verification form must be submitted by the developer 22 or its successor once prior to initial occupancy for the unit and submitted annually 23 thereafter following the initial certificate of occupancy. A certification letter must 24 be obtained from the County Manager or designee stating that the household 25 income meets the applicable income level threshold required for the unit in order 26 for the certificate of occupancy to remain in effect at time of re -certification for that 27 unit. The income verification and certification may take the form of the most recent 28 year's filed income tax return for each occupant who had filed and will occupy the 29 affordable housing unit. 30 31 # # # # # # # # # # # # # 32 33 4.02.01 – Dimensional Standards for Principal Uses in Base Zoning Districts 34 35 * * * * * * * * * * * * * 36 37 Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. 38 39 * * * * * * * * * * * * * 40 41 Zoning District Maximum Building Height (feet) Minimum Distance Between Buildings Minimum Floor Area of Buildings (square feet) Floor Area Ratio (%) 42 * * * * * * * * * * * * * 43 C-1 35 None or E Efficiency: 450 1 Bedroom: 600 None Page 1101 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 23 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) C-2 35 A or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) None C-3 50 None or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) None C-4 75 or F A or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A or E Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) Hotels .60 Destination resort .80 1 * * * * * * * * * * * * * 2 3 Overlay Districts See table of special design requirements applicable to overlay districts. 4 A = 50% of the sum of the heights of the buildings, but not less than 15 fee t. 5 B = 50% of the sum of the heights of the buildings. 6 7 C = Buildings within 100 feet of an adjoining district are limited to the height of the most 8 restrictive of an adjoining district. 9 10 D = 50% of the sum of the heights of the buildings, but not less than 25 feet. 11 12 E = The minimum distance between structures for housing that is affordable in commercial 13 districts shall be in accordance with LDC section 4.02.40. 14 15 F = The maximum height shall be restricted to 50 feet for housing that is affordable in the 16 C-4 district. 17 18 1. Principal Structure Minimum Yard (Setback) Requirements: Table 2.1, below, 19 provides the minimum yard requirements for principal structures on conforming 20 lots of record in base zoning districts. The following shall apply for all other lots: 21 22 a. Corner Lots: Corner lots shall have front yards along each street frontage. 23 The other yards shall be considered side yards. See LDC section 2.03.01 24 for Estates setbacks. 25 26 b. Nonconforming Lots of Record: Minimum yard requirements for 27 nonconforming lots of record are provided in LDC section 9.03.03 A. 28 29 Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS 30 (SETBACKS) FOR BASE ZONING DISTRICTS 31 32 Page 1102 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 24 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx Note as to setback line measurement: minimum setback lines are typically measured from 1 the legal boundary of a lot, regardless of all easements burdening a lot, with the exception 2 of easements that comprise a road right-of-way where the minimum setback line is to be 3 measured from the road right-of-way easement line. 4 5 Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements 6 * * * * * * * * * * * * * 7 8 C-1 25 Residential 25 or g Non-residential 15 Residential 25 or g Non- Residential 15 x C-2 25 25 or g 15 25 or g 15 x C-33 c 25 or g a 25 or g a x C-44 d 25 or g a 25 or g a x C-54 25 25 or g 15 25 or g 15 x 9 * * * * * * * * * * * * * 10 11 1 MH District - additional yard requirements: side yard setback from a public road that is 12 external to the boundary of the park = 50 ft.; the minimum setback on any side from the 13 exterior boundary of the park = 15 ft. 14 15 2 TTRVC District - additional yard requirements: setback from exterior boundary of park = 16 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; 17 setback from any building or other structure = 10 ft. 18 19 3 C-3 District - minimum setback on any side that is waterfront = 25 ft.; setback for marinas 20 = none. 21 22 4 C-4, C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.; 23 setback for marinas = none; setback on any side adjacent to a railroad right -of -way = none 24 25 5 Any non-conforming platted lot of record in the CON District that existed before November 26 13, 1991, will be subject to the following standards: 27 28 Front yard: 40 feet. 29 30 Side yard: ten percent of the lot width, but no more than 20 feet on each side. 31 32 Rear Yard: 30 feet. 33 34 a = 50% of the building height, but not less than 15 feet. 35 36 b = 50% of the building height, but not less than 30 feet. 37 38 c = 50% of the building height, but not less than 25 feet. 39 40 d = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 41 feet plus one additional foot of setback for each foot of building height over 50 feet. 42 Page 1103 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 25 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. 2 No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved 3 through a unified plan of development involving one or more lots under common ownership where 4 the yard requirements are met for the unified site but not necessarily for each parcel within the 5 unified site. 6 7 f = the yard requirements shall be equal to the most restrictive adjoining district. 8 9 g = The minimum setback for housing that is affordable in commercial districts where abutting any 10 property occupied by or zoned to allow a single family dwelling unit shall be in accordance with 11 LDC section 4.02.40. 12 13 x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all 14 property lines. 15 16 # # # # # # # # # # # # # 17 18 4.02.38 – Specific Design Criteria for Commercial Mixed Use Development within C-1 19 through C-5C-3 Zoning Districts 20 21 A. Purpose and Scope. The Ccommercial Mmixed Uuse design criteria are to encourage the 22 development and the redevelopment of commercially zoned properties with a mix of 23 residential and commercial uses. Such mixed-use projects developments are intended to 24 be developed at a human-scale with a pedestrian orientation, interconnecting with 25 adjacent project, whether commercial or residential. A Commercial Mixed Use Projects D 26 is allowed in the Urban Mixed Use District contained within the FLUE and subject to the 27 standards and criteria set forth under Commercial Mixed Use Subdistrict in the Urban -28 Commercial District, and the regulations contained herein. 29 30 B. Applicability. A commercial mixed use development is allowed as provided in the 31 Commercial Mixed Use by Right Subdistrict in the Future Land Use Element (FLUE) and 32 Golden Gate Area Master Plan (GGAMP) – Golden Gate City Sub-element, and subject 33 to the regulations contained herein. All properties zoned C-1, C-2 and C-3, excluding 34 where located in the GGPOD. These regulations shall apply to all mixed -use projects 35 proposed within these zoning districts, subject to the design criteria set forth in this section. 36 The design criteria address the relationship of buildings, parking, vehicular, and pedestrian 37 movement to create a pedestrian oriented experience. Buildings are encouraged to be 38 built close to the vehicular and pedestrian way to create a continuous active and vibrant 39 streetscape utilizing the architecture, landscaping, lighting, signage, and street 40 furnishings. Vehicular travelways support two-way traffic and on street parking. A logical 41 pedestrian pathway system is provided throughout that connects the pedestrian 42 movements from one use to another or within use areas. Building arcades and awnings 43 are allowed to extend over the sidewalk to create shade and encourage pedestrian 44 activity. Signage design shall be carefully integrated with site and building design to create 45 a unified appearance for the project. Creativity in the design of signs is encouraged in 46 order to emphasize the unique character of the project. Projects utilizing these design 47 criteria will be developed in compliance with the LDC, except as specified herein. 48 49 Page 1104 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 26 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx C. Commercial Mixed Use Design Criteria. Projects utilizing the Commercial Mixed Use 1 option within a C-1, C-2, or C-3 Zoning District shall comply with the following standards 2 and criteria: 3 4 1. These design criteria are applicable to the C -1 through C-3 zoning districts, 5 excluding where located in the GGPOD. 6 7 2. Commercial uses and development standards shall be in accordance with the 8 commercial zoning district on the subject property, unless modified within these 9 regulations. 10 11 3. Residential density is calculated based upon the gross commercial project 12 acreage. For property in the Urban Residential Fringe Subdistrict, density shall be 13 as limited by that subdistrict. For property not within the Urban Residential Fringe 14 Subdistrict, but within the Coastal High Hazard Area, density shall be limited to 4 15 dwelling units per acre; density in excess of 3 dwelling units per acre must be 16 comprised of affordable-workforce housing in accordance with Section 2.06.00 of 17 the Land Development Code, Ordinance No. 04-41, as amended. For property not 18 within the Urban Residential Fringe Subdistrict and not within the Coastal High 19 Hazard Area, density shall be limited to 16 dwelling units per acre; density in 20 excess of 3 dwelling units per acre and up to 11 dwelling units per acre must be 21 comprised of affordable-workforce housing in accordance with section 2.06.00 of 22 the Land Development Code, Ordinance No. 04-41, as amended. In case of 23 residential uses located within a building attached to a commercial building or in 24 the case of a freestanding residential building, square footage and acreage 25 devoted to residential uses shall not exceed 70 percent of the gross building 26 square footage and acreage of the project. 27 28 1. Commercial uses and development standards shall be in accordance with the 29 commercial zoning district on the subject property or the regulations in LDC section 30 4.02.38, whichever is more restrictive. 31 32 a. The minimum distance between structures shall be 10 feet. 33 34 b. The minimum setback from the common boundaries shall be equal to the 35 project’s proposed zoned building height when the proposed project abuts 36 any property occupied by, or zoned to allow, a single family dwelling unit. 37 38 c. Housing that is affordable by right shall be restricted to a maximum zoned 39 height of 50 feet in the C-4 zoning district. 40 41 2. Mix of Uses. Mixed use developments shall promote a combination of land uses 42 within a project in accordance with certain land use mix percentages. 43 44 a. All mixed use development on properties zoned C -1, C-2, or C-3, as 45 provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE 46 shall be subject to the following mix of use limits: 47 48 Page 1105 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 27 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx i. In the case of residential uses located within a building attached to 1 a commercial building or in the case of a freestanding residential 2 building, floor area and acreage devoted to residential uses shall 3 not exceed 70 percent of the gross building floor area and acreage 4 of the project. 5 6 b. All mixed use development on properties zoned C-4 and C-5, as provided 7 for in the Commercial Mixed Use by Right Subdistrict in the FLUE, and 8 properties zoned C-1 through C-5, as provided for in the Commercial Mixed 9 Use by Right Subdistrict of the GGAMP – Golden Gate City Sub-element, 10 shall be subject to the following mix of use limits: 11 12 i. In the case of residential uses located within a building attached to 13 a commercial building or in the case of a freestanding residential 14 building, floor area and acreage devoted to residential uses shall 15 not exceed 75 percent of the gross building square footage and 16 acreage of the project. 17 18 34. The project shall provide street, pedestrian pathway and bike lane interconnections 19 with adjacent properties, where possible and practicable. For projects subject to 20 architectural design standards, see LDC section 5.05.08 F. for related provisions. 21 22 45. The project shall, to the greatest extent possible, use a grid street system, or 23 portion thereof, so as to afford maximum opportunity for interconnections with 24 surrounding properties and to provide multiple route alternatives. 25 26 D. Pedestrian Pathways. 27 28 1. This design criteria is only applicable to streets internal to commercial mixed use 29 projects, it is not applicable to project portions fronting on existing collector or 30 arterial roadway. 31 32 2. The pedestrian pathways along the main streets shall be a minimum of 21 feet in 33 width. (See diagram below.) 34 35 3. Pedestrian pathways shall be provided pursuant to Collier County LDC Section 36 4.02.38 D. and shall include: street furnishings, a street tree planting zone, and a 37 pedestrian travel zone. (This is not applicable to internal parking lots.) 38 39 4. Overhead arcades, awnings or canopies, may extend over the dining and display 40 zone, as well as, the pedestrian travel zone at a minimum height of 8 feet. 41 Furnishings or other obstructions shall be kept out of the pedestrian travel zone. 42 43 5. Outdoor dining at building arcades or outdoor areas may be enclosed by planters, 44 decorative fencing, or comparable moveable barriers. The dining area shall not 45 encroach into the pedestrian travel zone. 46 47 6. Building elements in the form of arcades, overhangs, signage, marquees, bay 48 windows, and structural supports shall be allowed to extend over the pedestrian 49 Page 1106 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 28 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx travel zone. These allowable overhead encroachments shall be have a minimum 1 clearance of 8 feet height above the sidewalk. 2 3 E. Street Furnishings & Street Plantings. 4 5 1. This design criteria is only applicable to streets internal to commercial mixed use 6 projects, it is not applicable to project portions fronting on existing collector or 7 arterial roadways. 8 9 2. Street furnishings shall be provided in conjunction with the street tree planting 10 zone. Street furnishings shall include benches per LDC Section 4.06.03B.8, one 11 waste/recycling receptacle per 300 lineal feet of street frontage, and bike racks per 12 LDC Section 4.05.08. Street furnishings may also include bus shelters, information 13 kiosks, and similar furnishings. 14 15 3. Site furnishings (not associated with an individual business) shall be coordinated 16 and fabricated of compatible materials. 17 18 4. Visual obstructions shall not be allowed within sight triangles/spaces at street 19 intersections pursuant to 4.06.01 D.1 of the LDC. 20 21 5. The street tree planting zone shall have a minimum width of 5 feet and a minimum 22 length of 10 feet and be located parallel to the curb. Root barriers are required to 23 protect sidewalks and utilities. 24 25 i. Within the street tree planting zone, street trees shall be spaced at a rate 26 of 40 feet on center and may be clustered. The street tree pattern may be 27 interrupted by overhead arcades, utilities, and pedestrian access. Trees 28 shall have a minimum height at the start of branching of 8 feet and have an 29 overall planting height of 16 feet. Palm trees are allowed as a substitute to 30 canopy trees where building elements (reference LDC 2.03.06.G.3.e, and 31 LDC 2.03.06G.7.b.i. and ii.) are closer to the street and the amount of space 32 for landscaping, the pedestrian travel zone, and street furnishings will not 33 allow canopy trees. Areas for canopy trees should be included at plazas, 34 street intersections, and other areas where buildings are set back and 35 space will allow. 36 37 ii. Plantings shall include a variety of tree and shrub species with at least 50 38 percent of the required trees and 35 percent of the required shrubs being 39 plants native to Florida. 40 41 iii. Planting zones at the ground plane shall include turf grass; groundcover, 42 low shrubs or flowering plants. 43 44 DF. Landscape. 45 46 1. This design criteria is only applicable to streets internal to commercial mixed use 47 projects, it is not applicable to project portions fronting on existing collector or 48 arterial roadway. 49 Page 1107 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 29 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 2. Provide a variety of tree and shrub species with at least 50 percent of the required 2 trees and 35 percent of the required shrubs being plants native to Florida. 3 4 3. Canopy trees used in open landscape areas (other than street trees) shall be a 5 minimum of 10 feet in height, having a 4-foot diameter spread and a minimum 6 caliper of 1¾ inches. 7 8 4. Plantings shall be a maximum of 25 percent turf grass. The balance shall be 9 groundcover, low shrubs and/or flowers located in planting areas appropriate to 10 the design. 11 12 5. Irrigation shall be provided for all planting areas. Irrigation control boxes and 13 appurtenances shall be located away from direct public view. 14 15 6. Landscape buffers per section 4.06.02 of the Code "buffer requirements" shall only 16 apply to the external boundaries of the mixed use development. Landscape buffers 17 shall not be required internal to the mixed use development project. A Type “B” 18 buffer shall be provided along the common boundaries when the proposed project 19 abuts a property occupied by, or zoned to allow, a single family dwelling unit. The 20 trees within such buffer shall be a minimum of 14 feet in height at the time of 21 installation if the buildings are greater than a zoned height of 40 feet and are 22 adjacent to property occupied by or zoned to allow single family dwellings. 23 24 EG. Parking Lot Landscaping. 25 26 1. Up to 30 percent of the landscape islands shall have a minimum width of 5 feet 27 inside planting area and may be planted with a palm tree equivalent. 28 29 2. Minimum tree size shall be 1-¾" caliper and a minimum of 10 feet in height. 30 31 3. The perimeter of all parking lots fronting on public rights-of-way shall be screened 32 to a minimum height of 24 inches using walls, fences, landscaping or any 33 combination thereof. 34 35 4. Parking lot perimeter landscaping areas shall be a minimum of eight (8) feet in 36 width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 37 gallons at the time of planting to provide year-round screening. Trees shall be 38 included in the perimeter landscape area at a minimum spacing of one tree/palm 39 per 25 feet of linear frontage. Street trees planted within the right-of-way may be 40 used to meet this requirement. 41 42 FH. Building Foundation Plantings. 43 44 1. Building foundation plantings shall be required per section 4.06.05 of the Code, 45 except as follows. The building regardless of its size, shall provide the equivalent 46 of 10 percent of its ground level floor area, in building foundation planting area. A 47 continuous building foundation planting width is not required per section 4.06.05 48 of the Code. However, the foundation plantings shall be located within 21 feet of 49 Page 1108 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 30 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx the building edge in the form of landscaped courtyards and seating area 1 landscaping. 2 3 GI. Building Architectural Standards. 4 5 1. The Mixed Use Projects shall include architectural features that provide visually 6 interesting building design at a scale appropriate for pedestrian and automobile. 7 8 a. Building façades shall be designed to reduce the mass and scale of the 9 building, by providing arcades, windows, entry features, and other design 10 treatments in compliance with section 5.05.08 of the LDC except as follows; 11 12 b. Covered pathways and arcades shall be constructed with columns a 13 minimum width of 12 inches, if masonry and 10 inches wide, if constructed 14 of finished steel products. 15 16 c. For buildings 3 stories or more, pedestrian scale at the street level shall be 17 maintained by incorporation of façade variations such as massing, texture, 18 color or material on the primary façades between the first and subsequent 19 stories. 20 21 d. The following architectural options are in addition to the list of required 22 design features identified in subsection 5.05.08 D.2.: 23 24 i. Open arcade or covered walkway with a minimum depth of 8 feet 25 and a total minimum length of 60 percent of the façade. 26 27 ii. A building recess or projection of the first floor with minimum depth 28 of 8 feet and total minimum length of 60 percent of the façade 29 length. 30 31 iii. Architectural elements such as balconies and bay windows with a 32 minimum depth of 3 feet and that cover a minimum of 30 percent of 33 the façade above the first floor. (Storm shutters, hurricane shutters, 34 screen enclosures or any other comparable feature, if applied as 35 part of the structure, must also comply with the required minimum 36 depth). 37 38 HJ. Sign Types and Definitions shall be as provided for in section 5.06.00 the Collier County 39 Sign Code. 40 41 IK. Parking Requirements. Mixed-use developments have the opportunity to provide a variety 42 of parking options to residents and patrons. Mixed-use projects reduce vehicular trips, and 43 the number of required parking spaces by utilizing pedestrian-oriented design and 44 reducing the distance between residential and commercial uses. 45 46 1. Definitions. 47 48 Page 1109 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 31 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx a. On-street parking—Parking spaces located adjacent to, and accessed 1 directly from the roadway. 2 3 b. Off-street parking—Parking spaces located within parking lots or parking 4 structures and accessed off the roadway. 5 6 c. Parking lot—A ground-level area utilized for parking spaces accessible 7 from the road and usually adjacent to the use it serves. 8 9 d. Parking structure—A multi-level parking area utilized for parking spaces 10 that serve establishments within walking distance of the structure. The 11 structure may or may not be adjacent to the establishments it serves. 12 13 2. Design Criteria and Dimensional Requirements On -street Parking. 14 15 a. Design criteria only applicable to streets internal to commercial mixed use 16 project, not applicable to project portion fronting on existing collector or 17 arterial roadway. 18 19 b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long. For every 20 4 on-street parking spaces provided a landscape island that is 8 feet wide 21 and 15 feet long and is surrounded by Type D concrete curbing, shall be 22 provided in addition to the pedestrian clear zone landscape requirement. 23 The corners adjacent to the travel lane shall be angled at least 45 degrees 24 away from perpendicular with the curb in order to provide adequate ingress 25 and egress from each parallel parking space. Each island shall be planted 26 with hedges, groundcover and/or grasses less than 36 inches high and 27 shall contain at least one small to medium ornamental tree that is a 28 minimum of 8 feet tall at the time of planting. 29 30 c. Angled parking may be 45 degrees or 60 degrees from the travel lane. 31 Spaces must be a minimum of 9 feet wide and 18 feet long. For every 4 32 on-street parking spaces provided a landscape island that is 12 feet wide 33 and 15 feet long and is surrounded by Type D concrete curbing, shall be 34 provided in addition to the pedestrian clear zone landscape requirement. 35 The island shall be planted with hedges, groundcover, and/or grasses less 36 than 36 inches high and shall contain at least one small to medium 37 ornamental tree that is a minimum of 8 feet tall at the time of planting. 38 39 3. Design Criteria and Dimensional Requirements Off -street Parking. 40 41 a. Location—Parking lots or parking structures shall be located to the rear of 42 buildings located on the main street, or the along the secondary/side 43 streets. Off-street parking shall not occur in front of the primary façade. 44 This subsection 3.a. shall not apply to projects utilizing the Mixed Income 45 Housing Program with mixed use development by right, in accordance with 46 LDC section 2.07.00. 47 48 Page 1110 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 32 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx b. Lots shall be designed to keep all circulation between aisles internal to the 1 lot. Driveways to parking areas shall be a minimum of 24 feet wide. 2 3 c. Ninety degree parking spaces shall have a minimum drive aisle width of 24 4 feet and stall size of 9 feet by 18 feet. 5 6 d. Sixty degree angled parking shall have a minimum drive aisle width of 20 7 feet, if one-way, and 24 feet, if two-way. Parking stall size shall be a 8 minimum of 9 feet × 18 feet. 9 10 4. Handicap Parking. Handicap parking shall be located to facilitate the most direct 11 and safest route to building entries and meet all applicable codes. 12 13 5. Parking Structures. 14 15 a. Parking structure façades shall be designed to screen views of automobiles 16 by the general public from adjacent streets and driveways. 17 18 b. Parking structures without ground floor retail or residential uses along the 19 front façade shall have a minimum 10 -foot wide. Building Foundation 20 Landscaping pursuant to section 4.06.00 of the Code. Where the parking 21 structure is attached to the building or adjacent to preserve area, and the 22 preserve area meets the otherwise required landscaping, no additional 23 landscaping is required. 24 25 i. All structures with uncovered parking on the top level shall have 26 rooftop planters around the perimeter that is a minimum of 5 feet 27 wide located around a minimum of 80 percent of the perimeter of 28 the parking integral to the structure, or suitable architectural 29 features to soften the building edge. 30 31 ii. Parking structure lighting shall be a maximum of 20 feet in height. 32 Lighting shall incorporate full shield cut-offs to contain light to the 33 surface of the deck only. 34 35 iii. Parking structures are also allowed to be located below grade and 36 below habitable space. These structures must be accessed from 37 the rear of the building. 38 39 c. General Requirements and Shared Parking Agreements. 40 41 i. Design criteria only applicable to streets internal to commercial 42 mixed use project, not applicable to project portion fronting on 43 existing collector or arterial roadway. 44 45 ii. The total number of parking spaces provided in a mixed-use project 46 shall be determined by the intended uses as required by section 47 4.05.00 of the Code, Off-street Parking and Loading unless 48 modified herein. 49 Page 1111 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 33 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1 iii. Commercial areas (with streets internal to the project) must utilize 2 on-street parking to meet at least a portion of the parking 3 requirement. This subsection c.iii. shall not apply to projects 4 utilizing the Mixed Income Housing Program with mixed use 5 development by right, in accordance with LDC section 2.07.00. 6 7 iv. One-half of the on-street parking spaces located within one block 8 or 0.125 mile, whichever is less, may contribute toward an individual 9 establishment's parking requirement. 10 11 v. If a commercial area is developed in one phase with one site 12 development plan application the on-street parking may be utilized 13 to meet parking requirements in a one-to-one (1:1) ratio. 14 15 vi. The overall parking requirement may be reduced at the time of site 16 development plan approval by consideration of a shared parking 17 analysis. The analysis shall demonstrate the number of parking 18 spaces available to more than one use or function, recognizing the 19 required parking will vary depending on the multiple functions or 20 uses in close proximity which are unlikely to require the spaces at 21 the same time. The shared parking analysis methodology will be 22 determined and agreed upon by County staff and the applicant 23 during the pre-application meeting, or during ongoing discussion, 24 during the site development plan review process. 25 26 vii. Establishments providing valet parking services may not utilize 27 parking areas designated for shared use for the storage of vehicles 28 parked by this service, unless allowed by a shared parking 29 agreement. 30 31 viii. Residential areas that are within a block or 0.125 mile of a 32 commercial area but are not directly accessible by a vehicle due to 33 gating or lack of vehicular interconnection may not utilize on -street 34 parking in the commercial area to meet the residential parking 35 requirement. 36 37 ix. Residential areas may utilize on-street parking that is abutting a 38 residential unit to meet the parking requirement in a one to one (1:1) 39 ratio. If parking spaces are used to meet a residential parking 40 requirement they may not then be utilized to meet any of the 41 commercial requirement. 42 43 JL. Service Areas. 44 45 1. Loading docks, solid waste facilities, recycling facilities and other services 46 elements shall be placed to the rear or side yard of the building in visually 47 unobtrusive locations with minimum impacts on view. 48 49 Page 1112 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 34 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 2. Refuse containers and facilities shall be hidden by an opaque wall or fencing of 1 sufficient height to screen the bin and any appurtenances, but not less than 6 feet 2 in height. Chain link fencing, wood fencing and chain link gates are not allowed. 3 Walls shall be constructed of a material compatible with the principal structure it is 4 serving. Landscaping with vines or other plants is encouraged. Enclosures shall 5 include solid, latching gates to avoid blowing refuse. 6 7 3. Service area recesses in the building and/or depressed access ramps should also 8 be used where applicable. 9 10 4. Businesses are encouraged to consolidate and share refuse areas and equipment. 11 12 4.02.39 - Alternative Design for Housing that is Affordable 13 14 A. The intent of this section is to provide incentives for housing that is affordable and applies 15 to residential only projects, and residential portions of PUDs. Vertical mixed -use projects 16 are not eligible for the alternative designs identified within this section. 17 18 B. Affordable housing projects may use the following design alternatives, subject to 19 compliance with section 4.02.39 C. 20 21 1. Section 3.07.02 E. - Local/internal roads that are privately maintained may be 22 designed to the elevation required to meet the 5 -year, 1-day storm event, and the 23 perimeter berm shall be designed so that surrounding properties will not be 24 adversely impacted by the project's influence on stormwater sheet flow up to the 25 elevation during the 25-year, 3-day design storm. 26 27 2. Section 4.06.05 A.1. - Single-family developments lots which are adjacent to 28 preserve areas or perimeter berms are exempt from providing one canopy tree per 29 3,000 square feet of pervious open space per lot. For all other lots, the required 30 one canopy tree may be relocated to common areas or to a street tree program. 31 32 3. Sections 6.06.01 S., 10.02.02 A.11. and Appendix B - For all local/internal roads 33 that are privately owned and maintained, an inverted crown design, shall be 34 allowed. 35 36 37 38 TYPICAL INTERNAL INVERTED CROWN ROADWAY DESIGN 39 40 4. Sections 6.06.02 A.2. and 6.06.02 F. - For local/internal sidewalks that are privately 41 maintained, the minimum sidewalk width shall be four feet, which can be of 42 Page 1113 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 35 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx concrete or asphalt material and shall be constructed over a compacted subgrade. 1 Asphalt shall also require a minimum of 4 inches of compacted limerock base, in 2 addition to the compacted subgrade. 3 4 5. Section 10.02.03 A.3. - Three-family housing structures proposed on a lot(s) of 5 record are exempt from the Site Development Plan provisions of LDC section 6 10.02.03 A.2. 7 8 6. Section 10.02.04 C. - For single-family developments, the clubhouse facility may 9 be included within the construction plans and final subdivision plats. The clubhouse 10 facility shall commence construction when fifty percent of the lots have received a 11 Certificate of Occupancy. 12 13 7. Section 10.02.08 I.2. - The set-aside of land or dedication of land for a public water 14 well at time of rezoning is not required, unless the site is located within a quarter -15 mile of a future raw water transmission main identified in the latest Board-adopted 16 Collier County 10-Year Water Supply Facilities Work Plan Update and in such a 17 way that the quantity of affordable housing units would not be impacted. 18 19 C. Criteria for design alternatives for housing that is affordable. The alternatives described in 20 section 4.02.39 B. will be allowed when the following criteria are met: 21 22 1. Compatibility. 23 24 a. Setbacks from all project boundaries that abut property zoned or developed 25 for single family residential use shall be a minimum of one foot (setback) 26 per one foot maximum zoned height for principal structures. 27 28 29 30 b. For projects of more than three units, the required buffer for all project 31 boundaries that abut property zoned or developed for single family 32 residential use shall be a 15 foot wide Type "B" landscape buffer per LDC 33 section 4.06.02. 34 35 2. Affordability. To qualify for the design alternatives of this section a project shall 36 commit to one of the following agreements or commitments to provide a minimum 37 of 20 percent of the overall units as housing that is affordable: 38 39 Page 1114 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 36 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx a. Affordable Housing Density Bonus (AHDB) Agreement per section 2.06.00; 1 or 2 3 b. Affordable Housing Impact Fee Deferral Agreement per Code of 4 Ordinances article IV of chapter 74; or 5 6 c. PUD commitment or Developer's Agreement (DA) for units that serve 7 households at the income levels (very-low, low, moderate, or gap) identified 8 in section 2.06.00, or units that are priced within the limits established in 9 the Collier County Housing Demand Methodology, as updated yearly or 10 Board approved Table of Rental Rates, as updated yearly. 11 12 # # # # # # # # # # # # # 13 14 4.02.40 – Housing that is Affordable within C-1 through C-5 Commercial Zoning Districts 15 16 A. Purpose and scope. The purpose of this section is to incentivize housing that is affordable 17 on commercially zoned properties. This section will sunset five years from November 14, 18 2023, unless the Commercial Mixed Use by Right provisions in the FLUE are extended by 19 the Board of County Commissioners by resolution. 20 21 B. Applicability. 22 23 1. Residential-only development on properties zoned C-1 through C-3. 24 25 a. By-right residential development within the Urban Coastal Fringe 26 Subdistrict and Urban Residential Subdistrict in the FLUE, when located 27 outside the boundaries of the East Naples Community Development Plan 28 (accepted by the Board of County Commissioners on October 27, 2020), 29 and when located on property zoned commercial that has been found 30 Consistent by Policy as identified in FLUE Policies 5.11 – 5.13, as provided 31 for in the Conversion of Commercial by Right Subdistrict in the FLUE, shall 32 be entitled to 16 dwelling units per acre, subject to this section, excluding 33 LDC section 4.02.40 F. 34 35 b. By-right residential development within the Urban Mixed Use Subdistrict in 36 the GGAMP – Golden Gate City Sub-Element, when located outside the 37 boundaries of the Downtown Center Commercial Subdistrict, and when 38 located on property zoned commercial that has been found Consistent by 39 Policy as identified in FLUE Policies 5.12 and 5.13, as provided for in the 40 Conversion of Commercial by Right Subdistrict in the GGAMP – Golden 41 Gate City Sub-Element, shall be entitled to 16 dwelling units per acre, 42 subject to this section, excluding LDC section 4.02.40 F. 43 44 2. Mixed use development. 45 46 a. By-right mixed use development on properties zoned C-4 and C-5, as 47 provided for in the Commercial Mixed Use by Right Subdistrict of the FLUE, 48 when located within the Urban Coastal Fringe Subdistrict and Urban 49 Page 1115 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 37 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx Residential Subdistrict in the FLUE, both as identified on the countywide 1 Future Land Use Map (FLUM) and found Consistent by Policy as identified 2 in FLUE Policies 5.11 – 5.13, shall be entitled to 16 dwelling units per acre, 3 subject to this section, excluding LDC section 4.02.40 E. 4 5 b. By-right mixed use development on properties zoned C-1 through C-5, as 6 provided for in the Commercial Mixed Use by Right Subdistrict of the 7 GGAMP – Golden Gate City Sub-element, when located within the Urban 8 Mixed Use District in the GGAMP – Golden Gate City Sub-element and 9 found Consistent by Policy as identified in FLUE Policies 5.12 and 5.13, 10 shall be entitled to 16 dwelling units per acre, subject to this section 11 excluding LDC section 4.02.40 E. 12 13 C. Required agreements. An agreement pursuant to LDC section 2.06.00 or an affordable 14 commitment by agreement, land use restriction, or ordinance pursuant to LDC section 15 2.07.00 shall be recorded. 16 17 D. Area Median Income (AMI) distribution table. All units within the project must consist of 18 housing that is affordable. The residential units shall be distributed in accordance with the 19 minimum and maximum thresholds prescribed below, depending on whether they are for 20 sale or for rent: 21 22 Income Levels as a Percent of Area Median Income Percentage of Affordable Units for Sale Percentage of Affordable Units for Rent ≤140 Maximum of 33% NP ≤120 Maximum of 66% ≤100 Minimum of 34% Maximum of 33% ≤80 Maximum of 66% ≤50 Minimum of 34% 23 Legend: 24 25 “NP” means the income level is not permitted. 26 27 E. Additional requirements for residential-only housing that is affordable within C-1 through 28 C-3 Commercial zoning districts: 29 30 1. A public facilities impact comparative analysis must be submitted and 31 comply with the adequate public facilities requirements identified in LDC 32 section 6.02.00. The comparative analysis must demonstrate that the 33 proposed affordable housing project would have the same or lesser public 34 facility impact with respect to vehicle trips, water consumption, and 35 wastewater generation compared with the highest intensity permitted use 36 within the commercial zoning district of the subject property, as approved 37 by County Manager or designee. 38 39 2. A School Impact Analysis per LDC section 10.04.09 shall be required. 40 41 Page 1116 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 38 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 3. Housing that is affordable in commercial zoning districts project must satisfy the 1 development standards of the underlying commercial zoning district, except that 2 the minimum distance between structures shall be 10 feet. In addition, when the 3 proposed project is abutting any property occupied by, or zoned to allow a single 4 family dwelling unit, the following shall be applicable: 5 6 a. The minimum setback from the common boundaries shall be equal to the 7 project’s proposed zoned building height; and 8 9 b. A Type “B” buffer shall be provided along the common boundaries. The 10 trees within such buffer shall be a minimum of 14 feet in height at the time 11 of installation if the buildings are greater than a zoned height of 40 feet and 12 are adjacent to property occupied by or zoned to allow single family 13 dwellings. 14 15 F. Additional requirements for mixed use developments with housing that is affordable within 16 C-1 through C-5 zoning districts: 17 18 1. Commercial uses shall be in accordance with the commercial zoning district on the 19 subject property. Development standards shall be no less restrictive than those for 20 the commercial zoning district on the subject property and development in the C -4 21 District shall not exceed a zoned height of 50 feet. 22 23 2. Residential density is calculated based upon the gross project acreage and all 24 residential units must be housing that is affordable. 25 26 3. In the case of residential uses located within a building attached to a commercial 27 building, or in the case of a freestanding residential building, building square 28 footage and acreage devoted to residential uses shall not exceed 75 percent of 29 the gross building square footage and acreage of the project. In the case of a 30 mixed-use building, building square footage devoted to residential uses shall not 31 exceed 75 percent of the gross building square footage. 32 33 4. Street, pedestrian pathway, and bike interconnections with abutting properties, 34 where possible and practicable, are encouraged. 35 36 4.02.41 – Housing that is Affordable within Mixed Use Activity Centers and Interchange 37 Activity Centers of the Growth Management Plan 38 39 A. To increase density beyond base density allowed within a Mixed Use Activity Center or an 40 Interchange Activity Center, additional units per acre are required to be affordable for 41 specified income levels, as identified in the chart within LDC section 2.07.02 A. 42 43 1. For residential only projects: 44 45 a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5 46 DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of TDR 47 Credits or up to 25 DU/A with the Mixed-Income Housing Program. 48 49 Page 1117 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 39 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx b. In the Urban Coastal Fringe Subdistrict, projects are eligible for up to 4 1 DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if 2 located outside of the CHHA. 3 4 c. In the Urban Residential Subdistrict, projects are eligible for up to 16 DU/A 5 or up to 25 DU/A with the Mixed-Income Housing Program only if located 6 outside of the CHHA. 7 8 d. The Mixed Income Housing Program is not applicable in the 9 Bayshore/Gateway Triangle Redevelopment Overlay. 10 11 2. For mixed use projects: 12 13 a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5 14 DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of TDR 15 Credits or up to 25 DU/A with the Mixed-Income Housing Program. 16 17 b. In the Urban Coastal Fringe Subdistrict and in the Urban Residential 18 Subdistrict and not within the CHHA, projects are eligible for up to 16 DU/A 19 or up to 25 DU/A with the Mixed-Income Housing Program only if located 20 outside of the CHHA. 21 22 c. In the Urban Coastal Fringe Subdistrict and in the Urban Residential 23 Subdistrict if located within the CHHA, projects are eligible for up to 4 DU/A. 24 The Mixed- Income Housing Program is not applicable in the CHHA. 25 26 d. The Mixed-Income Housing Program is not applicable in the 27 Bayshore/Gateway Triangle Redevelopment Overlay. 28 29 3. The project shall be submitted as a Planned Unit Development or Planned Unit 30 Development Amendment. 31 32 B. The following commitments are required for housing that is affordable within Mixed Use 33 Activity Centers and Interchange Activity Centers. 34 35 1. Affordability commitments by Agreement of Ordinance pursuant to LDC section 36 2.07.00. 37 38 2. For units that are to be sold, at least two-thirds of the first six units per acre above 39 16 units per acre (for example, four of six units per acre of bonus density) must be 40 sold to households at or below the low- and/or moderate-income levels identified 41 within the chart in LDC section 2.07.02 A. The remaining one-third of this 42 increment shall have no required commitment for housing that is affordable. Two-43 thirds of the final three units per acre (for example, two of three units per acre of 44 bonus density) shall be sold to households of any of the income levels identified 45 within the chart in LDC section 2.07.02 A. The remaining one-third of this increment 46 shall have no required commitment for housing that is affordable. The maximum 47 density shall not exceed 25 dwelling units per acre. 48 49 Page 1118 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 40 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 3. If the proposed project is to be a rental community, two-thirds of the bonus density 1 (for example, six of nine units per acre of bonus density) must be made available 2 to households at or below the low- and/or very-low-income levels as identified 3 within the chart in LDC section 2.07.03 A.1. The remaining one-third of this 4 increment shall have no required commitment for housing that is affordable. The 5 maximum density shall not exceed 25 dwelling units per acre. 6 7 C. When the proposed project is abutting any property occupied by, or zoned to permit, a 8 single family dwelling unit: 9 10 1. The minimum setback from the common boundaries shall be equal to the project’s 11 proposed zoned building height; and 12 13 2. A Type “B” buffer shall be provided along the common boundaries. The trees 14 within such buffer shall be installed a minimum of 14 feet height if the buildings 15 within the housing that is affordable project are greater than 40 feet in height. 16 17 4.02.42 –Transit Oriented Development (TOD) 18 19 A. Higher density multi-family projects are prioritized along existing and proposed Collier 20 Area Transit routes within portions of the Urban designated areas of the County. 21 22 B. Projects that front on an existing Collier Area Transit fixed route or on a proposed route 23 as identified for funding on the Transit Development Plan that are consistent with the 24 Transit Oriented Development Subdistrict in the GMP are eligible for a base density of up 25 to 13 dwelling units per acre, subject to compliance with the design standards identified in 26 LDC section 4.02.42 F. Projects are eligible for an additional 12 DU/A when providing 27 housing that is affordable pursuant to LDC section 4.02.42 D. 28 29 C. The project shall be submitted as a Planned Unit Development or Planned Unit 30 Development Amendment 31 32 D. The residential component of the PUD shall be limited to multifamily units only. 33 34 E. Eligible Density. 35 36 a. Baseline TOD: a maximum of 13 units per acre. 37 38 b. Housing that is affordable TOD: a maximum of 25 units per acre. 39 40 F. Design Standards for TOD. 41 42 1. A minimum of 50 percent of all units within the project shall be located within a 43 transit core. 44 45 2. The requirement for internal interconnection among major project phases, 46 sections, or types of uses as outlined in LDC section 4.04.02 B.2 applies to TOD 47 project phases, sections, or types of uses. During the development or 48 Page 1119 of 6355 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 41 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx redevelopment of TOD projects, the requirement for shared access and 1 interconnection as outlined in LDC section 4.04.02 B.3 shall also apply. 2 3 3. Setback for Principal Structures to project boundaries and buffer requirement. 4 5 a. Front Yard - Minimum 10 feet, maximum 25 feet. 6 7 b. Side and Rear Yard – The minimum setback shall be 50 percent of the 8 building height, except that when abutting any property occupied by or 9 zoned to permit a single-family dwelling unit, the minimum setback shall be 10 equal to the project’s proposed building height. In these instances, a Type 11 “B” buffer shall be provided along the common boundaries. 12 13 4. Where a TOD is proposed along an existing Collier Area Transit (CAT) fixed route 14 or on a proposed route as identified for funding on the Transit Development Plan 15 and no transit stop, shelter, or station exists, the petitioner must provide a 16 commitment in the PUD to construct a permanent transit stop, shelter, or station in 17 accordance with the Transit Development Plan to be eligible for the TOD density. 18 The location shall be approved by CAT staff. 19 20 G. Additional requirements for a housing that is affordable Transit Oriented Development. 21 22 1. Affordability commitments by Agreement, land use restriction recorded in the 23 Public Records of Collier County, or Ordinance pursuant to LDC section 2.07.00 24 and shall be recorded. 25 26 2. For units that are to be sold, at least two-thirds of the first nine units per acre of 27 bonus density (six units per acre) in excess of 13 units per acre must be sold to 28 households at or below the low- and/or moderate-income levels identified within 29 the chart in LDC section 2.07.02 A. Two-thirds of the final three units per acre of 30 bonus density (two units per acre) shall be sold to households at any of the income 31 levels identified within the chart in LDC section 2.07.02 A. The remaining one-third 32 of this increment shall have no required commitment for housing that is affordable. 33 34 3. For units that are for rent, two-thirds of all units in excess of 13 units per acre must 35 be made available to households at or below the low- and/or very- low-income 36 level households as identified in the chart in LDC section 2.07.02 A. The remaining 37 one-third of this increment shall have no required commitment for housing that is 38 affordable. 39 40 # # # # # # # # # # # # # 41 Page 1120 of 6355 Exhibit A – Background 42 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx After holding two affordable housing workshops, the Board of County Commissioners voted on June 14, 2016, to establish the Collier County Workforce Stakeholder Ad Hoc Committee (Stakeholder Committee) and to develop a short - and long-term housing plan, pursuant to Resolution 2016-135. In early 2017, the Urban Land Institute (ULI) perfo rmed a panel review of the housing situation in Collier County, resulting in the creation of a report titled A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The ULI Panel Report concluded “that Collier County absolutely has a housing affordability problem” and its recommendations centered upon six core strategies. Later, the Stakeholder Committee, Affordable Housing Advisory Committee, and staff developed a Community Housing Plan (CHP), which was accepted by the Board on October 25, 2017. Page 1121 of 6355 Exhibit B – Excerpt of ULI Advisory Services Panel Report 43 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx Page 1122 of 6355 EXHIBIT C – CHP Initiatives 44 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2025\Apr 22\Materials\PL20210001291 CHP Initiatives - LDCA (03 -27-2025).docx 1. Provide regulatory relief to certain housing applications. 2. Allow for commercial -to-residential conversion via the Hearing Examiner. 3. Develop guidelines to incentivize mixed -income residential housing. 4. Develop a process to designate certain Strategic Opportunity Sites allowing for increased density. 5. Provide an increase in density to the Community Redevelopment Agency areas and along transit corridors. Page 1123 of 6355