Agenda 10/25/2011 Item #16B210252011 Item 16.8.2.
EXECUTIVE SUhID9ARY
/� l2ecommeMatim for the Board a County Cemmbalonas to approve a requat he a specific
palot color on a commercial budding within the CBA Cottoned Arm Dhgeae pennant in
"legihtien in process^ through the 3012 LUC Amendment Cycle 1; acknowledge that painting
the building the enter prior b approval a the proposed I21C dnage would he at ths Oww'a
risk and dinner Code Eaf enowen to ant promeus the Owner fine this rotor pmdtng fire
Board's flied de ermiuetion of the proposed LDC amendment
OBlECT1VE: To receive appmvcr of a request for a specific pain color on a commercial building
within the C Cuhmal Ana District Pu m "legialatron in pmcros through the M12 LDC
m
AendmeN Cycle I and allow the cotorpending the Board's fiat deWminedw ofthe Pmpomd MC
amendment
BACKGROUND: The fawn TIPSY Seagull des been vacant for more then 7 yeas with the
dilapidated building saving a an carry Jeanne to the Bayslam Cultural Arm Distrito (m p aaached).
New owners have Pmchaad the property and no done, have expended $4160.000 on renovations. The
building will be the done home of the Aree 60 M tent.
The owns piesnted her choice of atedm cola no the CM Advisory BoeM on October 0 ad the
Advimry Board void uoasmomlY for the owner to Proceed to the Cowry for approval. The color
requested by the owner wen determined "a Growth Manegmmt Division (GM) to tat be within
the approved cola chart; therefore she multi only apply the color s 10%ofrim £agate.
The owcer has gone in beyond who the ewad I requires in the Provision aginalog mgwremPtls
though iucseaed mwbers of windows and doors (piemres of hove attached with a lactr t color
choice). These architectural finances (windows and dram) minimize the total area of the dande dem
will be pawed with the requested color. The building is Old Florida Cnckn Style with a silver metal
mofdw MJeaSOVa the building and elm serves to mmimim the visible earn of the cola. The trim
crowd the windows and doors wild be wowed with an approved color and the now portion of the
building rate will be pained with the requesned color is minimal and noes the intent of the LDC.
CONSmp.RATIONS: CM staff met with An GMD staff to discuss the color bane fm the se and
the GMD hes an obje tiom he the CRA bringing this meant on the Dodd of County Commissaew
for review ad approval of the requested color on two ofthe four walls ofthe building.
After considerable discussion with Grovnh Management Division staff, it wen carded d that for
Proposes of calculating the Painted new of a fatale Gb/D cscalaos the met wan athe facile
inchiove of glazing (glens windows and doom). Then band on Ghm's methd thin She doem't meet
tro cmren[LDC mguotiws.
However in our opinion, the glee widows caul dhow are Lansparew and should not he used in
calwdatwg the Pit =tW of area to be painted. N this particular ch ummone the stool area of the
fapde no be Pointed with the proposed color is minimal when offset by dhe additional oereene auch u
trim, moflioe, railmp, wivdovnvUrow and the colors scheme coon iments the building as awinle.
As Pact of the upcoming 2012 LDC amwdment cycle, the C ha submitted WC aga dme
^ specific to the Bayslwe hTixed Use District (BMIID) Oveday fa miew by County staff The
Proposed Mli dwoM specifically addres exodor building color ad this we seem the want of the
Proposed MC reguldoa them are Cmmdly legislation in process'. See crowded Pmposd I
Parkin Page -13
10/25/2011 Item 16.8.2.
featured. The proposed LDC amendment is specific to the Bayshore Mixed Use Distinct Overlay and
does not stamps the Bayshore area from the current regulations perming to the use of color materials
r. or paint. It merely gives owners of commercial redevelopment sites in the Cultural Arts District the
ability to deviate fiom the current language when 50% or more glazing is utilized, and it also gives
them Flexibility when determining what area of t9pade is subject to the paint color restnctiens.
Notwithstanding the fact that me new owner has taken on the tremendous disk of improving this long
time abandoned eyesore, objectively looking at the facade re a whole, inclusive of me additional
elements the owner is pinching, ng, the color choice compliments the image the Cultural Arts District
area is striving to achieve and farriers the goals ofthe Community Redevelopment Agency.
FISCAL IMPACT: None to the CRA or Count. The renovation and redevelopment of this site will
increase property values and the community's image Should The owner elect to paint the building This
color prior to approval of this proposed LDC change, it would be at the Owner's risk. If not approved,
the owner would have to paint the building to meet approved Code.
GROWTH MANAGEMENT IMPACT: Policy 4.7 ofthe Future Land Use Elemerrt of the Growth
Management Plan states That redevelopment plans may be developed for specific areas wimin the
County, including the Bayshore Gateway Triangle CRA,
LEGAL CONSIDERATIONS: Siff has opined That this proposed color scheme is unauthorized. I
m advised that Mc Jackson has introduced an LDC amendment which would create different
mebiteetural standards hour the rest of the County, including color schemes, to the Bayshore CRA
area. Should the owner elect to paint The building this color and in these proportions prior to this
proposed L C change, it would be at the Owners risk It Is wimin the Board's authority to direct
^ Code Enforcement SUIT to not prosecute the Owner for this unauthorized color pending The Board's
final determination of the composed LDC amendment Should the LDC amendment fail with respect to
this color, me Owner would then be subject b prosecution by Code Enforcement, W ith that said, this
Executive Summary has been reviewed by The County Attorney, is legally sufficient and requires
majority support for Board approval. Lastly, it should be noted that since an LDC amendment requires
4 votes, me Owner would be at send should this item be approved by majority vote. -JAK
RECOMMENDATION: For the Board of County Commissioners to approve a request for a specific
paint color on a commercial building within the CRA Cultuml Are District pursuant to "legislation in
process" through the 2012 LDC Amendment Cycle 1; aclmowledge that painting the building this
color prior On approval of me proposed LDC change would be at me Owner's risk; and direct Code
Enforcement ro net prosecute the Owner for this color pending the Board's final determination of the
proposed LDC amendment.
Prepared by: Jean Jourdaa, Project Manager
Bayshore/Gatcway Triangle Community Redevelopment Agem y
packet page -13g4-
10/25/2011 Item 16.13.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 162.2.
Item Summary: Recommendation forthe Board of County Commissioners to approve
request for a specific paint color on a commercial building within the CRA Cultural Arts District
pursuant to "legislation in process" through the 2012 LDC Amendment Cycle 1; acknowledge
that painting the building this color prior to approval of the proposed LDC change would be at
the Owner's risk; and direct Code Enforcement to not prosecute the Owner for this color
pending the Board's final determination of the proposed WC amendment Fiscal Impact : None.
(Jean lourdan, Project Manager, Bayshore Gateway Triangle CRA)
Meeting Date: 10/25/2011
Prepared By
NameaacksmAavid
Tide'. Executive Director, CRA,
10/13/2011 4:22:14 PM
Submitted by
Tide'. Executive Dmai CRA,
Name: lacksonDavid
10/13/20114: 2296 PM
Approved By
Name: JacksonDovid
Title. Executive Director, CRA
Date. 10/1 4/201 1 12:19:54 PM
Name. WilliamoSteven
Title: Assistant County AWmey,Coanty Anomey
Date_ WI82011 103552 pM
Name: Klalakowlefi
Tire Como Armmry,
Date'. 10/182011 1'45'48 PM
Parker Page -1385
Name: FilmEd
Date. 10/192011 23 3'. 15 PM
Name:O Jal- o
Title: County Manager
Date'. 10/18/2011 3:36:50 PM
Packet Page 1396.
10/25/2011 Item 16.8.2.
Ear h! pl` 'A 10/25/2011 Item 16.6.2.
rm¢l „':
'I INII n'1i ^a
i;!
191 1
u !� :ds
_ " I
Cultural Arts
District
Boundary
within
Bayshore
Gateway
Triangle CRA
0 0.1250.25 0.5
Miles
Roatls
' ICutlurdl Arts Oisirid
CRA_Parcels
Watar "
Packet Page -138)-
LDC
AM�.nd Mtq}
�aohge,M410/25/2011
Item
16.B.2.
5 .Ofi.08 C.
a. Projections and recesses.
I. For bullor a 40 NO square feet or larger In gross building arena
mmdmum length, or uninterrupted curve Of any hailer at any point must
be 15011near Net Projections and recesses must have a minimum depth
Often feel ill w 110 linear Net limlNSon.
II. For bulltlinga bMwean 20,000 and 39898 square Net in gross builtling
area, a maximum length, or unintermpteb curve of any Nwtle, at any
point, must be 125 knew %st Projections and recgagas must nave a
um depth Of eight feet within 125 tnear feet Iimiemper,
III. For bunigngs between 10 , 000 and 19,999 square Net in gross building
saga, a maa'rrum length or uninterrupted curve of any Ncace. at any
point, must be 10011nearfeet Projections and recesses must have a
mmum deW of six Net whin too bnearfceuimhatbn.
Iv. For buildings between 5 000 and 9,999 square feet in gross building area
a maximum length, or nintermpted curve Many lacatle, at any point, must
be 75 them Net Projections and recesses must have a minimum depth Of
four fee within 75 Inver Net Iimitat
V. For bultdings king than 5,000 square Net in gross building arena
maximum length, or uninsi mpard curve of any needs, at any point must
be 5011near Nat. ProjeNOns and recesses must have a minimum tleptM1 of
nmmum bNl width of 20 pement of the facade length
1. Materlals and Colors:
rG._ be of mod capboard stucto finish,
cement fiberboard products, brick or stone.
r
0.92.18 G. (and 0.02.25 F.2.1.)
2. d Mired -Urge BU Id'nga exterore she
Of wood cl�a gencrguwofmishar cament fifieLboaN products brick or atone.
nL Pitched more shell be metal seam (5v Crimp, standing seam or
similar design), slate, capper, or wood shingles.
4.02.16 G. (and 4A2.35 F.2.h.1
2. b. WPesgablelwiM'wg P?t< mNS sMll be metal seam (5v Ctlmp, standing seam
♦V/ Exterior building b If er o i tl he f
I'[-8` Exterio In the firm Of preferment 50%or windows and doom, she
applicant may re guest a dev ation from Section 5.05 08 13 b The
CRA Advisory Boats will be responsible for the review and
approval f h fa atb'It with CRA goals
and oblectYea and community character
For awnings spanning less tan 25 percent Of a fa tl an
applicant may request a devagion I= the tr' t
dentfetln Section 5050811 c iv. The CRA Acviwory Board will
be responsible for the review and approval of such requests to
ensure compatibility with CRA goals and obectives and
community M1 ct er. In no instance shall Fl be
ep rmltid
]5
Packet Page 1388-
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