The URL can be used to link to this page

Backup Documents 06/10/2025 Item # 9A 9A BCC June 10, 2025 MarthaVergara LDCA-PL20210001291 S. CH8 Initatives Two through Five/LDC Ordinance From: Ailyn Padron <Ailyn.Padron�winciwuiiyi.yvv� Sent: Friday, May 16, 2025 12:31 PM To: Minutes and Records; Legal Notice Cc: JohnsonEric; SaboJames; RodriguezWanda; GMDZoningDivisionAds Subject: FW: 6/10/25 BCC- *Web*Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Attachments: Ad Request.pdf; LDC ordinance - Housing Initiatives (3.24.25 incl. typo correction).pdf; RE: 1/28/25 BCC- *Web*Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Good afternoon, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage.The ad will need to be advertised no later than May 21 and run through the hearing date. Staff approval is attached, and CAO approval is below. Please let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier. Coun 2800 Horseshoe Dr. 0I O] X D Naples, Florida 34104 Ailyn.Padron ancolliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, May 16, 2025 10:26 AM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Cc: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Subject: re: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Ailyn, CAO approval is below and the corrected ordinance is attached. Thank you, Wanda Rodriguez, MCP, CP.M 9A Office of the County .Attorney (239) 252-8400 ,<c) IF/EO 9 1 2 9 PuoxlD 's (WE)Csm r " ERC SINCE Certfied Pubic Manager2 -,From: Heidi Ashton <Heidi.Ashton(a@colliercountyfl.gov> Sent: Friday, May 16, 2025 10:16 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: corrected ad request for your approval - re: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Wanda, Approved. Thank you! ffe�d�.4shtow-C�c{�zo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-27 3 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, May 16, 2025 10:14 AM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: corrected ad request for your approval - re: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Heidi, Corrected ad request attached for your approval. 'Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8400 q0 y Q �/ � //yyyy�� yy��}y AC p n C Program Y11LY m/� I i CE Certified Public Manager 2 9A From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Friday, May 16, 2025 9:51 AM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Cc: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Subject: RE: correction needed - re: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Good morning,Wanda, Thank you for bringing this to our attention. Attached is the corrected Ad Request. Please let me know if anything else is needed. Thank you. Ailyn Padron Management Analyst I Zoning 4 ) Office:239-252-5187 Collier oun 2800 Horseshoe Dr. tj U X a l Naples, Florida 34104 Ailyn.Padron ancolliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, May 16, 2025 9:45 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Cc: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Subject: correction needed - re: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Ailyn, There is a typo in the ordinance title. The highlighted word should be THROUGH: 3 9A 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 LN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SPX,EFFECTIVE DATE. [PL20210001291] Please send us a corrected ad request. I will have to send you a corrected ordinance also. 'Wanda Rodriguez, MCP, C2'.M Office of the County .Attorney (239) 252-8400 c TIoto A 4.1 9P Ac P CU RORY RIMRS Progam COWERCOUNTY SINCE Certified Public Manager 2005 From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent: Friday, May 16, 2025 9:32 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW:for your approval- FW: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Importance: High Wanda, There are some typos. Please see below. Heidi Ashtow-G'cl2o Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (23_9) 252-2773 From: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Sent: Friday, May 16, 2025 9:22 AM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> 4 9A Subject: FW:for your approval- FW: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Importance: High Heidi: The titles match, however,there is a misspelling of the word which should be"through"in both. It is misspelled as "though." Kathy Crotteau, Legal Assistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive,Suite 301 Naples, FL 34104 Phone: (239)252-6052 From: Heidi Ashton <Heidi.Ashton@colliercountvfl.gov> Sent:Thursday, May 15, 2025 3:43 PM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW:for your approval- FW: 6/10/25 BCC-*Web* Ad Request for CHP Initiatives Two through Five(LDCA) (PL20210001291) *1st BCC Hearing* Kathy, Please advise if the Ad Request title attached matches the Ordinance title in the attached ordinance. Thank you! H-eCd Aslitow-Cizieo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples,FL 34104 (239) 252-2773 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountvfl.gov> Sent:Thursday, May 15, 2025 3:41 PM To: Heidi Ashton<Heidi.Ashton@colliercountvfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Subject:for your approval - FW: 6/10/25 BCC- *Web*Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Heidi, For your approval. Thank you, Wanda Rodriguez, ACP, CPN1 Office of the County .Attorney (239) 252-8400 5 9A LERTIFIEO .o oil + 9'p RLOR 1 DA'6 WSW MCP 9 0 T.P cowatcow' SINCE am Certified Public Manager al.An/.S.a u.;.mry From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Thursday, May 15, 2025 3:32 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Eric Johnson <Eric.Johnson@colliercountyfl.gov>;James Sabo<James.Sabo@colliercountyfl.gov>; Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Subject: 6/10/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Good afternoon, Wanda, Attached is the *Web* Ad Request, Ordinance &approval for the referenced petition.The ad will need to be advertised no later than May 21 and run through the hearing date. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I �}. Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 101 X a I Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 6 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on June 10, 2025, in the Board of County Commissioners meeting room,third floor,Collier Government Center, 3299 East Tamiami Trail,Naples FL to consider: 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 THROUGH 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] 9A Collis Count' Florida NMILb .644 5141, CITY *es. ISLAM r it „to • A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10)minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356,(239)252-8380, at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 9A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Deputy Clerk(SEAL) 9A 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 THROUGH 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) [21-LDS-00125/1932122/1] Page 1 of 38 Words struck through are deleted,words underlined are added 9A 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. [21-LDS-00125/1932122/1] Page 2 of 38 Words struck through are deleted,words underlined are added CAO 9A 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, [21-LDS-00125/1932122/1] Page 3 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 * * * * * * * * * * * * * [21-LDS-00125/1932122/1] Page 4 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. do. Moderate-income: Households whose incomes are greater than 100 8 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 [21-LDS-00125/1932122/1] Page 5 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 providcd 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 [21-LDS-00125/1932122/1] Page 6 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. 18 . Educational plants and public schools subject to LDC section 5.05.14. 194-8. Engineering services (8711). 204-9. Essential services, subject to LDC section 2.01.03. 2129. 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. 690-193 F.A.C.; all subject to LDC section 5.05.04. 2224. 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. 292.1. Mortgage bankers and loan correspondents (6162). (Remainder of list to be renumbered accordingly} [21-LDS-00125/1932122/1] Page 7 of 38 Words struck through are deleted,words underlined are added CAO 9A * * * * * * * * * * * * * 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 '1.02.38 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 `1-i- ict and 4h rban iv rt se I se designation shall be 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). [21-LDS-00125/1932122/1] Page 8 of 38 Words struck through are deleted,words underlined are added CAO 9A 2625. Educational plants and public schools subject to LDC section 5.05.14. 2726. Engineering services (8711). 282-7. Essential services, subject to section 2.01.03. 2923. 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). 3234. 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. 690-193 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. 3936. Home health care services (8082). 4039. Insurance carriers, agents and brokers (6311-6399, 6411). 4140. Landscape architects, consulting and planning (0781). 4244. Laundries and drycleaning, coin operated —self service (7215). 4342. Legal services (8111). 4443. Libraries (8231, except regional libraries). [21-LDS-00125/1932122/1] Page 9 of 38 Words ctruck through are deleted,words underlined are added CAO 9A 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 11.02.38 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-4tsc docignation shall be the Collier County GMP. The maximum density permissible or permitted in the C 3 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). [21-LDS-00125/1932122/1] Page 10 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. 3234. 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) * * * * * * * * * * * * 595g. 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 '1.02.38 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 [21-LDS-00125/1932122/1] Page 11 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 [21-LDS-00125/1932122/1] Page 12 of 38 Words struc'� h are deleted,words underlined are added CAO 9A 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. 109.1-98 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. [21-LDS-00125/1932122/1] Page 13 of 38 Words struck through are deleted,words underlined are added CAO 9A Housing Type: -' a) �a Maximum Zoning •—' �' o Density2 17 m L District: a axi s E °, ai Cr) m o sn cu N w a c in N — m a 3 �- la E cn m S m 4 E $ 4) ti .� (units per o oo 2 � o ` c � ' E � _ •(n o F- = o cD i (S' ��a > , gross acre) GC Two A ✓ S J 0.2 (1 unit per 5 acres) E ✓ J 0.44 (1 unit per 2.25 acres) RSF-1 ,/ J J 1 RSF-2 ✓ ✓ J 2 RSF-3 ✓ J J 3 RSF-4 ✓ J J 4 RSF-5 ,/ ✓ J 5 RSF-6 ✓ J J 6 RMF-6 ✓ J J J J ✓ 6 RMF-12 S ✓ ✓ ✓ 12 RMF-16 ✓ ✓ 16 RT3,1z ✓ 26 RT4.17 J J ✓ 16 RT6,1—' J J ✓ 16 VR6 ✓ ✓ ✓ 7.26 VR7 ✓ J 8.71 VR8 ✓ ✓ 14.52 MH9 ✓ One 7.26 TTRVC One ✓ 12 C-11° ✓ J J One 3-16 See C.and D.below C-210 J J J One 3-16 See C.and D.below C-310 ✓ J J One 3-16 See C.and D.below C-4 ✓ ✓ ✓ One 16 See C.below C-5 ✓ ✓ ✓ One 16 See C.below I One BP One CON11 ✓ 0.2 (1 unit per 5 acres) 0.33 (1 unit per 3 acres) Big Cypress BZ012 S S S S 12 GTZO12 S S S S 12 R-1 ✓ ✓ ✓ ✓ R-2 ✓ J ✓ J [21-LDS-00125/1932122/1] Page 14 of 38 Words struck through are deleted,words underlined are added CAO 9A GZO Per underlying zoning district VB-RT017 ✓ ✓ 16 for timeshare mf& twnhses; 26 for hotels and motels GGPOD / / Per the GMP RFMU13 ,/ ✓1s 0.025 (1 unit per 40 acres) RFMU14 ✓ ✓ ✓ ✓ ✓16 ✓ ✓ ✓ 0.2 (1 unit per 5 acres) RFMU15 ✓ ✓ ✓ ✓ ✓1s ✓ ✓ ✓ ✓ 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, . 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. [21-LDS-00125/1932122/1] Page 15 of 38 Words struck through are deleted,words underlined are added CAO 9 t. 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. 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. '2 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. [21-LDS-00125/1932122/1] Page 16 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. [21-LDS-00125/1932122/1] Page 17 of 38 Words struckthrough are deleted,words underlined are added CAO 9A * * * * * * * * * * * * * 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 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% of MI) Gap 1 2 3 4 5 6 7 8 tea 9 nl-a (>120-5140)4,5 10 Moderate 2 43 54 65 76 87 S8 .1-09 44 4211 (>10080-5120)4 10 Median 2.53 54 65 76 87 9.8 409 44 11.5 12 f>80-5100) 10 11 Low (>50-580) 3 7 6 8 7 9 8 10 S 11 40 44 12 12 12 12 12 Very-Low(.550) 7 9 8 10 S 11 40 44 12 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. 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 coniunction with at least 20% at or below 100% MIer-occupied eo1Y- Owner occupied only. * * * * * * * * * * * * * [21-LDS-00125/1932122/1] Page 18 of 38 Words struckgh are deleted,words underlined are added CAO 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 protect 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 f>120 to 51401 Moderate (>100 to <_120) Median (>80 to 5100) Low 1>50 to 580) Very Low (550) 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- [21-LDS-00125/1932122/1] Page 19 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. [21-LDS-00125/1932122/1] Page 20 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 Maximum Minimum Minimum Floor Area of Buildings Floor Area District Building Distance (square feet) Ratio (%) Height Between (feet) Buildings * * * * * * * * * * * * C-1 35 None Efficiency: 450 None or E 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) [21-LDS-00125/1932122/1] Page 21 of 38 Words struck through are deleted,words underlined are added CAO 9A C-2 35 A or E Efficiency: 450 None 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 (ground floor) C-3 50 None Efficiency: 450 None or E 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 700 (ground floor) C-4 75 or F A or E Efficiency: 450 Hotels .60 1 Bedroom: 600 2+ Bedroom: 750 Destination For all other uses: 700 (ground floor) resort .80 C-5 35 A or E Efficiency: 450 Hotels .60 1 Bedroom: 600 2+ Bedroom: 750 Destination _ For all other uses: 700 ( round floor) 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 Minimum Minimum Side Yard (feet) Minimum Rear Yard Public School district Front Yard (feet) Requirements (feet) * * * * * * * * * * * * C-1 25 Residential Non-residential Residential Non- x Residential 25 or g 15 25 or q 15 C-2 25 25 or q 15 25 or q 15 x C-33 c 25 or q a 25 or q a x C-44 d 25 or g a 25 or q a x C-54 25 25 or q 15 25 or q 15 x [21-LDS-00125/1932122/1] Page 22 of 38 Words struckare deleted,words underlined are added CAO 9A f=the yard requirements shall be equal to the most restrictive adjoining district. q = 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-SC 3 Zoning Districts A. Purpose and Scope. The Gcommercial A,4mixed fuse 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 sct forth under Commercial Mixed Use Subdistrict in the I Irba C ercial Di trim and the reg nations contained heroin 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 .cc rcgulatieaG-..hall apply to all mixed use projocts section. The design criteria address the relationship of buildings, parking, vehicular, and pedestrian movement to cr ate a pedestrian oriented experience. Buildings arc , and stroct furnishings. Vehicular travolways c parking. A logical pedestrian pathway system is provided throughout that connects the and awninn are allowed to extend e„er�hc sidewalk to cr ate shade and encourage pedestrian activity. Signage design shall be carefully integrated with site and building design to create a unified appearance for the project. Cr ativity in the design of signs is encouraged in order to emphasize the unique character of the project. Projects utilizing herein. [21-LDS-00125/1932122/1] Page 23 of 38 Words struck through are deleted,words underlined are added CAO 9A C. Commercial Mixed Use Design Criteria. Projects utilizing the Commercial Mixed Use option within a C 1, C 2 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 regulations. 3. Residential density--is-cal ate—baSed upon the gross commercial_ p nt acr age. For property in the Urban Residential Fringe Subdistrict, density shall lae-as4ina-ited--by-that-suladistrictFof-pr-e-pei4y-net-within-the-1.1-r-ban-Residential Fringe Subdistrict, but within the Coastal High Hazard Aroa, density shall be �ingrrt9-un cs pper a • density in excess of 3 dwelling i snits per acre e 2.06.00 of the Land Development Code, Ordinance No. 04 41, as amended. For property not e iithin the I Irban Re idential Cringe S bdistrict and not within th 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 building or in the case of a freestanding residential building, square footage and acreage devoted to residential uses shall not exceed 7f1 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: 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 [21-LDS-00125/1932122/1] Page 24 of 38 Words struck through are deleted,words underlined are added CAO 9A 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: 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. Pedestrian Pathways. 1. This design criteria is only applicable to streets internal to commercial mixed use a -roadtway 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 n trian tray na /This is not applicable to internal narking lots /1. 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 shall not encroach into the pedestrian travel zone. windows, and structural supports shall be allowed to extend over the pedestrian feet Theight above t e sid Pik. Street Furnishings A Street Plantings [21-LDS-00125/1932122/1] Page 25 of 38 Words st^u^' ugh are deleted,words underlined are added CAO 9 . 1 ty . This design criteria is only applicable to streets internal to commercial mixed use zone. Street furnishings shall include benches per LDC Section 4.06.03B.8, one w eG/recy^I receptacle pe 300 lineal feet of street frontage any' hikes-racks per LDC Section 4.05.08. Street furnishings may also include bus shelters, information-kiosks, and similar furnishings. and fabricated of compatible materials. intersections pursuant to 4.06.01 D.1 of the LDC. e tr plantinn a shall have a minima im ,Mirth of 5. foot and a minimum length of 10 feet and be located parallel to the curb. Root barriers are required to protect sidewalks and utilities. Within the street tree planting zone, street trees shall be spaced at a rate of .In f t en center and maybe clustered The street tree pattern_may he v, io IGGC via interrupted by overhead arcades, utilities, and pedestrian access. Trees, shall-have a minimum height at the start of branching of 8 feet and ha an overall planting hoight of 16 feet. Palm trees are allowed as a substitute to canopy treeeess�there b tilting elements (reference I DC � 03 06 � � e an`t I DC 7 03 06G 7 h i and ii ) ore closer to the stre should be included at plazas, street intersections, and other ar as 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 13/4 inches. [21-LDS-00125/1932122/1] Page 26 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 3/4" 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. Gt. 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. [21-LDS-00125/1932122/1] Page 27 of 38 Words struck are deleted,words underlined are added CAO 9A 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.: Open arcade or covered walkway with a minimum depth of 8 feet and a total minimum length of 60 percent of the facade. 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. 1K. 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. [21-LDS-00125/1932122/1] Page 28 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 x 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. [21-LDS-00125/1932122/1] Page 29 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. 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. 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. [21-LDS-00125/1932122/1] Page 30 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. Jh. 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. [21-LDS-00125/1932122/1] Page 31 of 38 Words struck gh are deleted,words underlined are added CAO 9A SUBSECTION 3.1. 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 [21-LDS-00125/1932122/1] Page 32 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 Percentage of Percentage of as a Percent of Affordable Units for Sale Affordable Units for Rent Area Median Income 5140 Maximum of 33% NP1 <_120 Maximum of 66% 5100 Maximum of 33% 580 Minimum of 34% Maximum of 66% 550 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. [21-LDS-00125/1932122/1] Page 33 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. [21-LDS-00125/1932122/1] Page 34 of 38 Words struck through are deleted,words underlined are added CAO 9A 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. [21-LDS-00125/1932122/1] Page 35 of 38 Words struck through are deleted,words underlined are added CAO ' 9A 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. [21-LDS-00125/1932122/1] Page 36 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 [21-LDS-00125/1932122/1] Page 37 of 38 Words struck through are deleted,words underlined are added CAO 9A 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 3-24-25 Managing Assistant County Attorney 04-CMD-01077/ [21-LDS-00125/1932122/1] Page 38 of 38 Words struck through are deleted,words underlined are added CAO 9A Martha S. Vergara From: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Sent: Wednesday, May 14, 2025 4:15 PM To: PadronAilyn Cc: SaboJames Subject: RE: 1/28/25 BCC- *Web*Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Follow Up Flag: Follow up Flag Status: Flagged Approved! Eric Johnson AICP, CFM, LEED Green Associate Manager- Planning rAZoning Office:239-252-2931 Collier Coun Eric.Johnson(a@colliercountyfl.gov oI x '� From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday, May 14, 2025 2:41 PM To: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Cc:James Sabo<James.Sabo@colliercountyfl.gov> Subject: 1/28/25 BCC- *Web* Ad Request for CHP Initiatives Two through Five (LDCA) (PL20210001291) *1st BCC Hearing* Good afternoon, Eric, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed. Thank you. Ailyn Padron Management Analyst I # Zoning I ) Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 1 1 X co I Naples, Florida 34104 Ailyn.Padron(a�colliercountvfl.gov i 9A Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 �C`1,001'C CO(40,4 f �� rGr Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel al Collier County, Florida x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 no or Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Yanirda Fernandez, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida;that the attached copy of advertisement, LDC Ordinance-CHS Initiatives Two through Five(BCC 6-10-2025)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 05/21/2025 until 06/12/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. . iar6 i /ti IB11CC�- .� .I 164TO / �. Affian Printed ►ame) c�,, $wgnn o 3dliscribed before me this 06/12/2025 Cry%taI'K.Xiri el'_Clerk of the Circuit Court& Coi trollbt -t `_:' ( pilty Clerk Si nature) V C\oz,l(1.1,ro ✓ [ r6111\ le (4 g-5 (Deputy Clerk Printed Name) Date NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on June 10, 2025, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center, 3299 Tamiami Trail East,Naples FL to consider: 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 THROUGH 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] N - Collier County Florida o a< i;: 4440 IiAlar SLAC l l 7 • ./ ♦ Y _, EVERGLADES ry)- ti A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380,at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L.SAUNDERS,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Martha Vergara,Deputy Clerk (SEAL)