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Agenda 02/08/2006 LDC NDUM MINUTES & RECORDS Community Development &: Environmental Services Division Departmento!Zoningand Land Development Review To: Collier County Staff & LDC Applicants From: Catherine Fabacher, LDC Coordinator Date: January 30, 2006 LDC Amendment Requests 2005 Cycle 2 For the BCC LDC Meeting Scheduled for February 8, 2006 At 5:05 pm in the BCC Chambers Subject: Attached for your review, please find the referenced LDC Amendments for 2005 Cycle 2. For your convenience, this packet is divided into two sections by a large manila tab. The first section contains those amendments that were heard for the first time at the January 11, 2006 BCC LDC meeting. The Board may vote upon these items at the February 8 meeting (with 2 exceptions: Golden Gate Parkway Downtown Commercial Overlay and clam nurseries as a permitted use in the Goodland Overlay). The second section of this packet contains LDC amendments that will be heard for the first time by the Board on February 8, but cannot be voted upon until the second hearing. The second hearing is scheduled as an agenda item for the Board's regular meeting on February 28,2006. LDC 2005 Cycle 2 contains amendments to the following Code sections: Sections: 1.04.04, 1.08.01 and 1.08.02 DEFINITIONS Sections: 2.01.00,2.01.03,2.04.03 and 2.03.07 OVERLAYS Sections: 4.01.03,4.02.03,4.02.14,4.02.16-21,4.02.35-36, 4.03.02, 4.03.03, 4.05.03, and 4.07.02 and 4.06.05 LANDSCAPING Sections: 5.05.08, 5.06.04 Section: 6.06.03 Section: 9.04.02; and Sections: 10.02.01, 10.02.02, 10.02.03, 10.02.04, 10.02.06, 10.02.07, 10.08.00 and 10.05.05 PUBLIC NOTICE REQUIREMENTS If you have any questions or need further information, please call me at 403-2322 or email catherinct~lbacher({i)Co 11 i ergov .net. ~ Q.) Q.) ,...t:l r./) ~ ~ ~ r./) rf.:J ~ ~ Q.) ~ ~ ! 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I-< 8u..o = o ...... ...... ~ (.) t;:: .~ u U s::: ~ .9 "-l~ o (.) ut;:: ;::J '.;:l ui <n ~~ ..8~ c;) ~. co c; ~~ == Q~ .... QO 't= II) . oo~ LDC Amendment Reauest ORIGIN: Transportation Department AUTHOR: Patrick G. White DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC1:5-6 LDC SECTION(S): 1.04.04 LDC SUPPLEMENT #: Supplement 1 CHANGE: To expand the scope of existing regulations for legally nonconforming properties created through acquisition of property for public use through dedication, condemnation and the like. REASON: When the County acquires portions of a lot or parcel for public use, usually for rights of way, the owner argues that the County must then pay additional money for the costs of bringing that property into compliance with the Land Development Code. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created on October 13,2005 by P. White Amend the LDC as follows: 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. B. Minimum standards~ non-conformities created by public acquisition 1 Text underlined is new-text to be added Text striltethrollgh is eurreRt text to be deleted L. All lots or yards created after the effective date of this Code must comply with the requirements then established by this Code, 2. No lot, even though it may consist of one or more abutting lots of record, or yard, existing at the effective date of this Code or lawfully existing on the effective date of applicable amendments to this Code shall thereafter be reduced in its degree of compliance, including its size, dimension, or area, below the minimum requirements then set forth in this code, except by reason of a portion thereof being acquired for public use in any manner, including dedication, condemnation, purchase, and the like, a. Required yards on improved lots , lot area, lot coverage on improved lots, and lot dimensions rendered non-conforming or more legally non-conforming as a result of being acquired for public use, may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition for public use, but shall not result in a front yard of less than ten (10') feet in depth. Accordingly, the resulting degree of non- conformity of the area and dimensions of a lot and the required yards with this Code's then current requirements will be deemed lawful unless or until the remaining lot or yard is recreated, typically by re-development, re-plat or lot re- combination, at which time such lots and yards must comply with the requirements then established by this Code. Further, no conforming lot otherwise qualifying for a lot split or lot line adiustment pursuant to Sec. 10.02,02. 8.8~ 10.02,02. 8.12,1,04.04 or 9,03.03.A.5 may be denied such approval solelv on the grounds that the resulting lot or lots would be less than the required minimum area for such 10t( s) in the applicable zoning district as a result of acquisition. b, Other existing site related legal non-conformities, including those rendered more nonconforming as a result of acquisition for public use and which pertain to this Code's or other county code requirements, such as. but not limited to, storm-water management, landscaping or buffers, preserves, on- or off-site parking, architectural design standards. etc., will be deemed legally non _ conforming. and all such resulting non-conformities may be allowed to remain so non-conforming. unless or until the remaining lot or vard is subsequently re- created or re-developed. at which time such site related non-conformities and development must comply with the then existing requirements of this Code, c. In those circumstances where acquisition for public use of a portion of a lot or yard would result in one or more non-conformities that would require approval of a development order or permit in order to implement the terms of the acquisition, i.e.. in order to cure or remedy the effect of an acquisition. (e,g.. an SDP or building permit required to relocate a prior existing building), the county manager. or designee, is authorized to approve such development order or permit so long as any prior existing legal non-conformity of the type set forth in b. above would not be increased. 2 Text underlined is new text to be added Text stril.ethrauglt is current text ta be deleted C. Other than provided for immediately above, required off-street parking shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this LDC. 3 Text underlined is new text to be added Text striketkraugk is curreRt text ta be deleted LDC Amendment Request ORIGIN: CDES AUTHOR: C. Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC 1 :20 LDC SECTION: 1,08.02 Definitions LDC SUPPLEMENT #: Supplement 1 CHANGE: Supplement definition of Floor Area Ration (FAR) to exclude parking areas within the building from calculation of FAR, REASON: This exclusion was part of the LDC prior to re-codification; however, the exclusion of interior building parking area from calculation of FAR was omitted during the re- codification process. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Existing definition of FAR GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: June 6, 2005 - initial Amend the LDC as follows: Floor area ratio (FAR): A means of measurement of the intensity of building development on the site, A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross a land area, See Figure 5, The grOSS floor area of a building clearly designed for a parking facility shall not be included in the floor area ratio calculation. 4 Text underlined is new text to be added Text strilcethr911gh is ellFFent text ta be deleted LDC Amendment Request ORIGIN: Zoning & Land Development Review AUTHOR: Carolina Valera DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC LDC SECTION: Section 1.08.02 and 2.04.03 LDC SUPPLEMENT #: Supplement 1 CHANGE: Amending the conditional uses in the Rural Agricultural District "A" to add Sporting and Recreational Camps (SIC 7032) that was omitted (LDC Section 2.2.2.3.20) during re-codification. REASON: Prior to re-codification, the LDC allowed Sporting and Recreational Camps (LDC Section 2.2.2.3.20) as a conditional use in the Rural Agricultural District A. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: Table of Conditional and Accessory Uses in Base Zoning Districts in 2.04,03 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: July 20,2005 Amend the LDC as follows: 1.08.02 Definitions Sportinf! and recreational camos: A facility, public or private, which may offer permanent or temporary shelters such as cabins or tents and is primarily engaged in providing camping, sporting or other recreational activities. Examples of sporting and recreational camps shall include boys' and girls' camps, hunting camps, fishing camps, or summer camps. 2.04.03 Table of Land Uses in Each Zoning District Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses 5 Text underlined is new text to be added Text strilu1thr91lgh is ellrrent text to be deleted 2.04.03 Table 2. Land Uses that May be Allowable in each Zoning District as Accessory Uses or Conditional Uses. C=conditional use I A =accessory use {j -.. "'l "'" ';to Ir) ACCESSORY c3 \J ~ ~ l{, It, l{, l{, k. AND c.J ~ ~ ~ ~ ~ CONDITIONAL ~ USES Vj Soup kitchens Sporting and recreational 7032 ~ camps Sports instructional C camps or schools Staged entertainment facility Stone, clay, 3211, glass and 3229, concrete 3241, products 3274 3291- 3299 Swimming pools - public Storage, enclosed 6 Text underlined is new text to be added Text strih,ethrallgh is ellrreRt text ta Be deleted LDC Amendment ReQuest ORIGIN: Z&LDR Staff Request AUTHOR: CAP & RG DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC1:25 LDC SECTION: Section 1.08.02 LDC SUPPLEMENT #: Supplement 1 CHANGE: Not carried over from old code. Re-inserted in original form. REASON: Omitted during Re-codification. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMP ACT: OTHER NOTESNERSION DATE: Amend the LDC as follows: Section 1.08.02 Definitions: Restaurant. drive-throufJh: A fast food facility with one or more drive-through lanes where food is ordered through a speaker phone and a menu board located in the drive-through lane. This type of facility has no indoor seating or food ordering but may have walk-up windows and/or outdoor seating. Restaurant. fast food: An establishment where food is prepared and served to the customers in an ready to consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises and having any combination of two or more of the following characteristics: 7 Text underlined is new text to be added Text strill.ethreugh is eurreftt text te be deleted a. A limited menu. usuallv posted on a sign rather than printed on individual sheets or booklets: b. Self-service rather than table service by restaurant employees: c. Disposable containers and utensils: d. A kitchen area in excess of 50% of the total floor area; or e. A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purposes of this Land Development Code. Restaurant. sit-down: A restaurant where food is ordered from a menu normallv while seated at a table. and where table service is provided, Cafeterias are deemed sit-down restaurants for the purposes of this Land Development Code. Restaurant, walk-up: A fast food facility with one or more walk-up windows. This type of facility has no indoor eating or drive-through windows. but may have outdoor seating. 8 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: D. Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC1:26-29 LDC SECTION: 1.08.02 LDC SUPPLEMENT #: Supplement 2 CHANGE: Inserting sign definitions into Definition Section. REASON: Left out during re-codification and are still very much needed in the regulation of slgnage, FISCAL & OPERATIONAL IMPACTS: Lessen staff time, when reviewers do not have to explain what is and is not meant by a certain type of sign, then can point to definition in the Code, RELATED CODES OR REGULATIONS: 5.06.00 Sign Requirements GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: August 9, 2005 Amend the LDC as follows: Section 1.08.02 Definitions SiJm. abandoned: Any sign or sign structure expressly installed for the purpose of affixing a sign which bears no sign or COPy for 90 consecutive days or more; or for a period of 90 consecutive days or more, displays information which incorrectly identifies the business, owner, lessor. or principal activity conducted on the site; or which through lack of maintenance, becomes illegible or nearly so; or is in a state of disrepair. Signs displaying an "available for lease" or similar message or partially obliterated faces which do not identify a particular product. service, or facility, shall be deemed abandoned. (See section 5.06.00.) 9 Text underlined is new text to be added Text stril.ethrsHgh is eHrrent text ts be deleted Sif!n. activated: Any sign which contains or uses for illumination any light, lighting device, or light which change color, flash, or alternate: or change appearance of said sign or any part thereof automaticallv: any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an activated sign, (See section 5.06.00.) Sign. advertising: A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered, either on-premises or off-premises. (See section 5.06.00.) Sign, alterations: Any substantial improvement to a sign, but shall not include routine maintenance, painting or change of copv of an existing sign. (See section 5.06.00.) Sign, animated: Any sign which included action, motion, or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. (See section 5.06.00.) Sign. area: The area of a sign is the entire area within the periphery of a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all the elements of the matter displayed. The sign area shall include the aggregate sign area upon which the copy is placed and all parts of the sign structure that bear advertising matter or are constructed in such a manner as to draw attention to the matter advertised. Signs consisting of detached letters shall also be measured as defined above. (See section 5.06.00.) Sign, awning (aka canopy sif!n or marquee sif!n): A sign suspended from or forming part of a shelter supported partially or entirely for the exterior wall of a building or structure. (See section 5.06.00.) Sign. banner: A temporary sign such as used to announce open houses, grand openIngs or special announcements. (See section 5.06,00.) Sign. billboard: Any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. (See section 5.06.00.) Sign, bulk permit: A permit issued for any number of political signs. (See section 5.06,00.) Sif!n. bulletin board: A board for posting notices such as those found at a school, church or other civic organization. (See section 5,06.00.) Sign, canopy: (See Awninf!. sif!n.) Sir!n. chanfIeable copy: Any permanently enframed sign illuminated or not which is principally devoted to and designed for changeable text and graphics, including electronically controlled public service, time, temperature, and date signs, message centers, or reader boards. (See section 5.06.00.) 10 Text underlined is new text to be added Text strilrethrough is eurrent text to be aeletea Sign, Construction sign: A sign erected at a building site that displays the name of the proiect and identifies the owner, architect, engineer, general contractor. financial institutions and other firms involved with the design or construction of the proiect. Sign, COPy: The letters, text, or other graphics which compose the message displayed upon the sign surface area, (See section 5,06.00.) SiJ-m. directional: An on-premises sign giving direction. instructions, or facility information such as parking or entrance or exit signs, and which may contain the name, logo, service or activity of an establishment. (See section 5.06.00.) Sign. directory: An on-premises sign of permanent character indicating the name of five or more independent businesses associated with, or events conducted upon, or products or services offered upon the premises upon which the sign is maintained, This sign may be a freestanding (pole, monument or ground), awning, or wall sign as otherwise permitted by this code, Such signs may have changeable copy. (See section 5.06.00,) Sign. double-faced: A sign having two display surfaces, displaying the same copy on both faces, which are parallel and back-to-back and not more than 24 inches apart. Double-faced signs shall be measured by onlv one side if both sides are advertising the same business, commodity, or service. (See section 5,06.00,) Sign, electric: Any sign containing electric wiring, but not including signs illuminated by exterior light sources, such as floodlights. (See section 5.06.00.) Sif!n. entrance or gate (a/k/a subdivision sign): Any community entry sign which is designed to identify a subdivision or neighborhood, including but not limited to industrial and commercial parks, multifamilv proiects, and single-family residential development. (See section 5.06.00.) Sif!n face: The area, display surface, or part of assign on which the copy of message is placed. (See section 5.06.00.) Sign, flashing: A flashing sign is an activated sign on which any electric lighting by any device is either alternated on and off or raised and lowered in brightness or intensity. (See section 5.06.00.) Sif!n. freestanding: (See Pole sif!n.) (See section 5.06.00,) Sign. ground (aka monument sign): A sign, eight (8) ft. m height or lower which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between fifty (50) percent and one hundred (l00) percent of the overall sign width. 11 Text underlined is new text to be added Text striltetluollgh is ellrrent text to be deleted Sign, Holidav decoration: An ornate embellishment placed specifically for the purpose of celebrating a specific holiday, holiday event or holiday season, Sign, identification: A sign which contains no advertising but is limited to the name, address, and number of a building, institution, or person and the activity carried on in the building, institution, or the occupation of the person. (See section 5.06,00.) Sizn. illuminated: An illuminated sign is on which either: (a) provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign surface; (b) emits light through transparent or translucent material from a source within the sign; or (c) reflects light from a source intentionally directed upon it. (See section 5.06.00,) Sign, inflatable: Any object made of plastic, vinyl. or other similar material that, when inflated with gas or air, represents, advertises, or otherwise draws attention to a products, service, or activity. (See section 5.06.00.) Sign, mansard: Any sign which is attached to a mansard-style roof with the face parallel to the structure to which it is attached and which does not project more than 18 inches from such structure, or above the roofline. Mansard signs shall be considered wall signs. (See section 5.06,00.) Sizn, marquee: (See Awninz sign.) (See section 5,06.00,) Sizn, monument: A detached sign typically containing design elements such as a base columns, borders, toppers or caps, and a sign cabinet occupving at least two-thirds of the total sign area. (See ground sizn) Sign, nonconforming: Any sign or advertising structure lawfully in existence with Collier County on the effective date of this Code, which bv its height, area, location. use or structural support does not conform to the requirements of this Code, This definition shall not be construed to include signs specifically prohibited by this Code, (See section 5,06.00.) Sizn, off-premises: (See Billboard.) (See section 5.06.00.) Sign, on-oremises: A sign containing copy relating only to the principal legally licensed business, project, service or activity conducted or sold on the same premises as that on which the sign is located.(See section 5.06.00,) Sizn. outdoor advertising: (See Billboard.) (Sees 5,06.00,) Sign, Pennant: A piece of fabric or material which tapers to a point or swallow tail. which is attached to a string or wire, either singularly or in series, Sign. oermanent: A sign which is affixed to a building or the ground in such a manner as to be immobile(See section 5.06.00.) Sizn. pole: A sign, eight (8) or more ft, in height which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover 12 Text underlined is new text to be added Text strikethrough is ellrreRt text ia lle deleted that is between fifty (50) percent and one hundred (100) percent of the overall sign width. (See section 5.06.00.) Sign. political: Any sign which states the name and/or picture of an individual seeking election, or appointment. to a public office, or pertaining to a forthcoming public election, or referendum pertaining to or advocating political views or policies, (See section 5.06.00,) Sign. portable: Any sign which is designed to be transported, including by trailer or on its own wheels, even though the wheels of such signs may be removed and the remaining chassis or support constructed without wheels is converted to an A or T frame sign, or attached temporarily or permanently to the ground since this characteristic is based on the design of such sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable coPy sign, (See section 5.06.00,) Sign. protecting: Any sign which is attached to, and which proiects, more than 18 inches from the outside wall of any building or structure, excluding wall. marquee, and canopy signs. (See section 5.06.00,) Sign. Protect Identification Sign: Shall mean a sign which provides identification or recognition of a development only, individual tenants or outparcels are not permitted to use this type of signage. (See section 5,06.00.) Sifln. public service: Any sign intended to promote primarily a public purpose including items of general interest to the community welfare. It may also refer to a sign designed to render a public service such as, but not limited to, time and temperature signs. (See section 5.06.00.) Sign. real estate: A sign which advertises the sale, lease, rental. or development of the property upon which it is located. (See section 5.06.00.) Sign. residential identification: A sign intended to identify a residential subdivision or other development. (See section 5.06.00.) Sifln. revolving (a/k/a rotating sign): Any sign so erected or constructed as to periodically or continuously change the direction toward which anv plane containing the display surface are is oriented. (See section 5,06,00.) Sifln. roof' Any sign erected, constructed, or maintained either on the roof, or more than 18 inches above the roof of any building. (See section 5.06,00,) Sign. safety: A sign used only for the purpose of identifying and warning of danger, or potential hazards. (See section 5,06,00,) Sign. snipe: A sign made of any material and attached to a utility pole, tree, fence post, stake, stick, mailbox, or any similar obiect. (See section 5,06.00,) Sign. special purpose: Directional. safety, and other signs of a noncommercial nature. (See section 5.06.00.) 13 Text underlined is new text to be added Text stril"ethrBagk is earrent text to be deleted Sign structure: Any structure which supports or is capable of supporting anv sign. Said definition shall not include a building to which a sign is attached. (See section 5.06.00.) Sif:m, temoorarv: A sign intended to advertise community or civic projects, construction projects, or other special events on a temporary basis, for a designated period of time. (See section 5,06.00,)Si.sm, V-oie: A sign describing a farm where the customer picks or purchases the produce directly from the premises on which they are grown or produced. (See section 5.06.00,) Si5!n. V-shaped: Two single-face freestanding signs that are constructed in the form of a "V" when viewed from above, provided the internal angle at the apex is not more than 90 degrees, and the two faces are not separated by more than six inches at the apex and displaying the same copy on both faces. (See section 5.06.00.) Sign. vehicle: Any sign affixed to a vehicle other than a license plate, or other identification required for access to restricted parking areas, a registered logo, trademark, or service mark. (See section 5.06.00,) Sign. wall, fascia or oaraoet: A sign affixed in a manner to any exterior wall of a building or structure, and which is parallel to and proiects not more than 18 inches form the building or structure wall, and which does not extend more than 18 inches above the roof line of the main building or from the point wher~e the roof line intersects the parapet wall on which the sign is located, whichever is more restrictive. (See section 5.06.00.) Sign, wind: Any sign or display including, but not limited to, flags, balloons, banners, streamers, and rotating devices, fastened in such a manner to move upon being subject to pressure by wind or breeze, but shall not include official flags, emblems, insignia, or pennants of any religious, educational, national, state, or political subdivision, (See section 5.06.00.) Si5!n. window: A window sign which is painted on, attached to, or visible through a window, excluding displays of merchandise. and shall not exceed 25 percent of the total window area in the same vertical plane at the same floor level on the side of the building or unit upon which the signs are displayed. (See section 5.06,00.) 14 Text underlined is new text to be added Text strilletluaugh is current text ta be deleted LDC Amendment Request ORIGIN: Environmental Services Department, Conservation Collier Program AUTHOR: Alexandra J. Sulecki DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC1: 16 and LDC2:5-LDC2:7 LDC SECTION: 1.08,02 and 2.01.03 LDC SUPPLEMENT #: Supplement 2 CHANGE: Conservation Collier lands are added specifically as an essential service, as they are government acquired and developed facilities for the welfare of the public. Conservation Collier sites with minor improvements (i.e., a pervious parking lot with 20 or less spaces, public restrooms of less than 500 square feet, a pervious walking trail and one ground sign) are added to essential services permitted by right in all zoning districts. Conservation Collier lands with major improvements (e.g., nature center, public restrooms, equestrian paths, hikinglbiking trails and off site directional drilling for oil and gas extraction) are added to essential services as a conditional use in all zoning districts. REASON: To facilitate the development of government facilities for the preservation, conservation and limited nondestructive public access to natural resource habitat and native plant communities and animal species. FISCAL & OPERATIONAL IMPACTS: This amendment will shorten the process of providing public access to Conservation Collier lands by allowing such uses and minimal improvements as are necessary and appropriate in all zoning districts, RELATED CODES OR REGULATIONS: Section 2,01.030rdinance 2002-63. GROWTH MANAGEMENT PLAN IMP ACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1. 3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Accessibility and appropriate use of conservation and open space lands by citizens is consistent with and supports Goal 1, Objective 1.3 and Policy 1.3.1 of the Recreation and Open Space Element, OTHER NOTESNERSION DATE: May 16,2005 CAF; June 14,2005 CCLB; June 16,2005 CCLB; June 22, 2005 DW; Sept. 13,2005 BM; Sept. 9, 2005 CCPC; Sept. 29, 2005 PGW. 15 Text underlined is new text to be added Text strillethrough is ellrreRt text to be deleted Amend the LDC as follows: 1.08.02 Definitions Conservation Collier lands: Lands acquired by Collier County, whether held in fee or othervvise, under the Conservation Collier Program for the purposes of conservation, preservation and provision of public green space. 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, AND FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5, Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8, Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is othervvise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels ofland on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings. 16 Text underlined is new text to be added Text strikethrellgh is ClIrrent text ta be deleted 9, Conservation Collier lands which provide for permitted nondestructive. passive natural resource based recreational and educational activities. exclusive of maior improvements. Permitted minor improvements shall be limited to one (1) ground sign. not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area. not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions. except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to section 2,03.05 B.1.a.(8) of this Code. B. Permitted essential services IN CON districts, RFMU sending lands, NRP AS, HSAS, AND FSAS. 1, Within CON districts, Sending Lands in the RFMU district, NRP As, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08,08 C., the following essential services are permitted: a, Private wells and septic tanks; b. Utility lines, except sewer lines; c, Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP . e. Conservation Collier lands which provide for permitted nondestructive. passive natural resource based recreational and educational activities. exclusive of maior improvements. Permitted minor improvements shall be limited to one (1) ground sign. not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area. not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public 17 Text underlined is new text to be added Text striketltr9uglt is current text to be deleted restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in the CON zoning district providing for oil and gas exploration as a permitted use subiect to section 2.03.05 B.1.a.(8) of this Code. C. Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2.01,03 A., the following governmental services and facilities shall be considered permitted essential services: nomesidential not-for-profit child care, nomesidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E, Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2.01.03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. F. Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighborhood parks shall be considered a permitted essential service. G. Conditional uses. The following uses require approval pursuant to section 10,08,00 conditional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRP AS, AND RLSA designated HSAS and FSAS. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRP As, the following uses shall be allowed as conditional uses: a, Electric or gas generating plants; b, Effluent tanks; 18 Text underlined is new text to be added Text striltethraHgh is eHFFeRt text to be deleted c. Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d. Hospitals and hospices; and e. Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services, f. Conservation Collier lands which provide for permitted, nondestructive, passive natural resource based recreational and educational activities, when such sites require maior improvements to accommodate public access and use. These maior improvements shall include, but are not limited to: parking areas of 21 parking spaces or more: nature centers: equestrian paths: biking trails: canoe and kayak launch sites: public restroom facilities, greater than 500 square feet: signage beyond that allowed in sections 2.01.03 A,9. and 2.01.03 B.1.e. of this Code and other nondestructive passive recreational activities as identified by the County Manager or designee. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district conditional uses is intended or implied by these provisions, except as stated above for maior improvements, Oil and gas field development and production as defined and regulated in this Code remains a conditional use on or beneath Conservation Collier lands established in zoning districts providing for oil and gas field development and production as a conditional use, subiect to section 2,03.05 B.1.c,(1) of this Code. 2. Conditional essential services in RFMU sending lands, NRP AS, CON districts, and RLSA designated HSAS and FSAS. Within RFMU District Sending Lands, NRP As, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 C.2., in addition to the essential services identified as allowed conditional uses in section 2,01,03 G.l. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; and b. Safety Services limited to law enforcement, fire, and emergency medical services. c. Oil and gas field development and production, as defined and regulated in this Code, remains a conditional use on or beneath Conservation Collier lands established in the CON zoning district subiect to section 2.03.05 B,1.c.(1) ofthis Code. 19 Text underlined is new text to be added Text stril.ethreugh is eurrent text te be aeletea 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands. In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential services identified as conditional uses in section 2.01.03 0.1. above, the following essential services shall also be allowed as conditional uses: a, Regional parks and community parks; b, Public parks and public library facilities; c, Safety service facilities; d. Other similar facilities, except as otherwise specified herein. 4. Conditional uses that include the installation of structures: a, Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02,03. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses, b, Within the RFMU district sending lands, NRP As, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c, Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. 20 Text underlined is new text to be added Text strih:ethraugh is eurrent text ta be deleted LDC Amendment Request ORIGIN: Code Enforcement AUTHOR: Sharon Dantini DEPARTMENT: Code Enforcement AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC2: 3-4 LDC SECTION: 2.01.00 Generally LDC SUPPLEMENT #: Supplement 1 CHANGE: Scriveners Error REASON: Scriveners error in section identifications. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on July 19, 2005 8:40 am Amend the LDC as follows: 2.01.00 Generally hA. Parking and storage of vehicles without current license plates, Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of recreational equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building, For the purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed, 21 Text underlined is new text to be added Text strikethrough is eurreRt text ta be deleted ;hB. Parking, storage or use of major recreational equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use, In districts permitting single-family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip, For the purpose of this section the rear yard for a comer lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. The following exceptions may be granted by the county manager or designee: 1, Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip, A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place on the street side thereof. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitor's family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 3. Parking of commercial vehicles or commercial equipment in residential areas, It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: -h~ The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. 22 Text underlined is new text to be added Text strikethraugh is turrent text ta be deleted ;hQl The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. ';"f1 The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 4-:-9} Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2,03,07 bM. ~ Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. 4. Boats or other floating equipment used as dwelling units, Boats or other floating equipment being used as dwelling units or as commercial establishments may not anchor or tie up in waters under the jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. 5. Condominiums. This Code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership, Condominium forms of ownership shall be subject to this Code as is any other form of ownership, Condominiums of any kind, type or use shall comply with the provisions of F.S. eCho 718, as amended, known as the "Condominium Act." 6, Deed restrictions, This Code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing and administering this Code, shall be responsible for enforcing any deed restrictions. 23 Text underlined is new text to be added Text strikethrough is eurrent text to he deleted LDC Amendment Request ORIGIN: BCC Directed AUTHOR: Fabacher & Bellows DEP ARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC2:50 LDC SECTION: 2.03.07 LDC SUPPLEMENT #: Supplement 1 CHANGE: To allow clam farms as a permitted use, rather than a conditional use in the Goodland Overlay. REASON: The time and resources required to obtain a conditional use are not warranted by the scale and scope of clam nursery operations. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: June 17,2005 Amend the LDC as follows: Section 2.03.07 Overlay Zoning Districts J. Goodland Zoning Overlay "GZO". To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. 24 Text underlined is new text to be added. Text ttrikethrough it current text to be eeletod. 1. Permitted uses. The following uses are permitted as of right in this subdistrict: Resen/ed, a. Clam nursery, subject to the following restrictions: 1) A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through saltwater system" on the shore of a lot until the clam reaches a size of approximately one-half inch. 2) For the purposes of this section, a "raceway" or "flow-through salt water system" is defined as a piece of plyWood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. 4) The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture, 5) The nursery must not be operated on a vacant lot. unless both of the following requirements are met: i. The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to the vacant lot; and ii. The vacant lot must not be leased to another individual for purposes of operating a clam farm within the RSF -4 and VR zoning districts, 6) At no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring naturally in the water, 7) Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery. 8) Any pump or filtration system used in coni unction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank 2. Conditional uses, The following uses are permitted as conditional uses in this subdistrict: 25 Text underlined is new text to be added. Text strikethrough is current text to be deleted. R. Clam l1Uisery, subject to the following restrictions: 1) f.. "clam nursery" is defined as the gro\ving of clams on a "raceway" or "flo''v through saltwater system" on the shore of a lot until the clam reaches a size of apprmcimately one half inch. 2) For the purposes of this section, a "race\vay" or "flow through salt water system" is defined as a piece of plyv/ood or similar material fashioned as a table like flow through system designed to facilitate the growth of clams. 3) .^..t no time may a nursery owner operate a raceway or raceways that exceed a total of 800 sqUQi'e feet of surface area, 4) The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture. 5) The nursery must not be operated on a vacant lot, unless both of the follo'.ving requirements Qi'e met: i. The vacant lot is owned by the same individual ',J/ho o'.vns a lot with a residence or habitable structure immediately adjacent to the vacant lot; and it The vacant lot must not be leased to another individual for purposes of operating a clam farm within the R8F 1 and 'lR zoning districts. (i) ,^..t no time will a nursery OViner be allov/ed to feed the clams, as the clams 'sill be sustained from nutrients occurring naturally in the water. 7) Only the property o':mer or individual in control of the property ',vill be allo'Ned to operate a raceway on the shore off his property within the VR and R8F 1 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery. 8) .^..ny pump or filtration system used in conjunction ','lith the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the a'/erage system used for a non commercial pool or shrimp tank Reserved. 26 Text underlined is new text to be added. Text strikethrough is surrent text to ee deleted. LDC Amendment Request ORIGIN: Golden Gate Downtown Commercial Overlay Ad Hoc Committee AUTHOR: John-David Moss/Michele R. Mosca DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC 2:62 and 4:61 LDC SECTION: 2.03.07 N., 2.04,03, 2.05.01, and 4.02.37 LDC SUPPLEMENT #: n/a CHANGE: Establish a zoning overlay district to implement the Golden Gate Parkway Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan. REASON: The Golden Gate Downtown Commercial Overlay Ad Hoc Committee was formed in late December 2003 as a direct result of the Golden Gate Area Master Plan (GGAMP) Restudy process. During the GGAMP restudy, Golden Gate community members expressed a desire to develop new land use regulations for eastern Golden Gate Parkway, from Sunshine Boulevard to Collier Boulevard, in order to create a commercial downtown district for residents of Golden Gate City and Golden Gate Estates. The original six members of the ad hoc committee were personally selected by Commissioner Tom Henning, the commissioner for the Golden Gate district, based on these members' participation on the GGAMP Restudy Committee or involvement with other Golden Gate-area civic organizations. FISCAL & OPERATIONAL IMPACTS: Applicants pursuing development orders allowed by this amendment are subject to payment of petition fees intended to cover the operational costs incurred by the county for the process and review of these petitions, except that additional fees shall be required and a process created for the review of right-of-way landscaping plans and recordation of Landscape Maintenance Agreements. The establishment of the new process and review of petitions will be performed by existing funded staff positions. The Ad Hoc Committee and Golden Gate Community are proposing a lighting plan that calls for an alternate lighting fixture from that approved in the Golden Gate Community Roadways Beatification Master Plan, which is funded by general revenue. The Committee proposes that the 27 Text underlined is new text to be added Text stril(etluaugh is eHFFeRt text ta be deleted increased cost of the lighting fixtures that they have recommended be funded through the MSTD. This would require future BCC approval of a new, or amended, MSTD. RELATED CODES OR REGULATIONS: n/a GROWTH MANAGEMENT PLAN IMPACT: The Golden Gate Downtown Center Commercial Overlay District was developed to implement the Downtown Center Commercial Subdistrict of the Golden Gate Area Master Plan, adopted October 26, 2004 and effective January 14, 2005. OTHER NOTESNERSION DATE: The Ad hoc Committee is proposing the establishment of an advisory committee for the purpose of reviewing Site Development Plans within the district for compliance with Crime Prevention Through Environmental Design principles. A provision to create an advisory committee has not been included in the overlay due to staff's concerns, which include the following: 1. Additional expenses and review time; and, 2. The affect of a recommendation from an advisory committee for an administrative approval process (i.e, potential for a committee recommendation that conflicts with LDC provisions, and the inability of staff to deny petitions based upon committee recommendations given that the SDP review criteria are objective). Amend the LDC as follows: 28 Text underlined is new text to be added Text strikethrough is eUTTeBt text to lie deleted MAP 17 DOUTOJ'N CENTER COMlIERCUL SUBDISTRICT ~II! llllIINIT; I/IJRlIlIl W~IYJY rlIl!kM~A\t\illlLlJ ~ _L~~~'~k I1i]G \'il: '- i- /-.. 'VI' . .. I 1 I 1 I . i I II-: I ! 'VI'l .. -, Iii I: I I ___.. ! I 1111 '-II II '-'-' I IIJ~ ill II I Wlllll UII III ~ L.... ~ ~ -J ~ ~84 JI J AJ,: ~~~ " X; ~ '(ffTTii T { >0 >' ~< 1: WJ ~y '\,/\7/ lU' ~y~)I ,&,. ~ \li '~^"O'VI1 ~ \ \il T ~l(\yV....\ ~ = \ Y \ '( ,,~\ I ~ . 'lief ~l ~i , I .f0 , -. = I I ......... I( I III1 Y 9 _1Il"'.__ o 8 .. ~~ ~\ ,- 1 HOQPT1II~~aBllK Q1, N. 1CI01-1I PA~PAREIl B't: BRAPHI~S AND 1I:CHNlCAL SlIPPllRT SID1I()j ca.tMUNITl' IEl'fJ.OP~ElIT AHD IN'tlAlN/EN'W.. SER'l\CES O",SIDN FIt!! BIlIIP-Wo.DI'&I DIol!: 11/1lIll4 ..... R=FR . .... -. 29 ijI .~ I-- ,,~ . _,1'1...... ~ _I~~ f-11 II t I _OOE I -:r.: OJ J;;;L =nw -~ _ aUDlBl'RrCr Text underlined is new text to be added Text strikethrough is eUFFeBt text to he deleted N. Golden Gate Downtown Center Commercial Overlay District "GGDCCO": Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate Citv, as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as contained herein. 1. Purpose and intent. The purpose and intent of this overlay district is to encourage redevelopment herein in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas, such as outdoor dining areas and pocket parks, which do not impede the flow of traffic along Golden Gate Parkway, Also, emphasis shall be placed on the construction of mixed-use buildings. Residential dwelling units constructed in this overlav district are intended to promote resident-business ownership The provisions of this overlav district are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that is compatible with residential development within and outside of the overlav district. 2. Aggregation of properties, This overlav district encourages the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this overlay district are low intensity retail. office, personal services, institutional. and residential. Non-residential development is intended to serve the needs of residents within the overlay district, surrounding neighborhoods. and passersby. 3. Applicability. These regulations apply to properties in Golden Gate City lving north of Golden Gate Parkwav, generally bounded bv 23rd Avenue SW and 23rd Place SW to the north. 45th Street SW to the west, and 41 st Street SW and Collier Boulevard to the east. South of Golden Gate Parkway, these regulations applv to properties bounded by 25th Avenue SW to the south. 47th Street SW to the west. and 44th Street SW to the east. These properties are more precisely identified on Map 17, "Golden Gate Downtown Center Commercial Subdistrict" of the Golden Gate Area Master Plan and as depicted on the applicable Official Zoning Atlas Maps. Except as provided in this regulation, all other use, dimensional and development requirements shall be as required or allowed in the underlving zoning districts. 30 Text underlined is new text to be added Text strikethrough is eUFFeHt text ta be Eleleted 4. Permitted uses. Permitted uses within the GGDCCO include the uses listed below and those uses identified in Chapter 2, Table 1. "Permissible Land Uses in Each Zoning District". a. Residential uses: permitted by right in the existin~ residential zoning districts, except as otherwise prohibited by this zoning overlay. 1. in a mixed use building 11. in an existing owner occupied structure 111. in an existing non-owner occupied structure, until such time as cessation is required by Chapter 4.02.37 1. 5. Conditional uses. Conditional uses within the GGDCCO include the use listed below and those uses identified in Chapter 2, Table 2."Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses". a. Outdoor dining areas, not directlv abutting the Golden Gate Parkway right-of-way. 6. Prohibited uses. Prohibited uses within the GGDCCO include the uses listed below and those uses, prohibited, by omission, in Chapter 2, Table 1. "Permissible Land Uses in Each Zoning District". a. New residential-only structures b. Anv commercial use emploving drive-up, drive-in or drive through delivery of goods or services. c. Sexually oriented businesses (Code of Laws, 26-151 et seq.). 31 Text underlined is new text to be added Text strilcethraHgh is eHFFeRt text fa be deleted 2.04.03 Table of land Uses in Each Zoning District 2.04,03 ZONING DISTRICTS AND USES I Table 1. Permissible land Uses in Each Zoning District P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ ~6 "0 'EU~ 0 accessory uses) U C1lU U c." U !:: C) l: - ==~::: rJ.J o ~ l!! .... CU.!! !:: - '5 == ... "' o C1l c3 land Use Type or Category! C > l: 0- ~iii8 ltl.- 0 C) u c ...Cl !:: C1l Cl C1l E.s ~ E:;; 00':;; C)U~ Accountinq Services 8721 P Administrative Service Facilities Adult Day Care Facilities & Centers 8322 Aqricultural Activities Aqricultural Outdoor Sales Agricultural Services 0741,0742,0752- 0783 Agricultural Services 0711, 0721, 0722- 0724, 0762, 0782, 0783 Agricultural Services 0723 Aircraft and Parts 3721-3728 Airport - General Aviation Amusement & Recreation Services 7911,7991 Amusement & Recreation Services 7999 tourist guides only Ancillary Plants Apparel & Other Finished Products 2311-2399 Apparel & Accessory Stores 5611-5699 P Appraisers Architectural, Engineering, Surveying Services 0781,8711-8713 Ela) Assisted Living Facilities Attorney Offices & Leqal Services 8111 P Auctioneering Service, Auction Rooms and Houses 7389, 5999 Auto and Home Supply Store 5531 P Automobile Parkinq 7521 Automotive Repair, Services, and Parking 7514,7515,7521, 7542 Automotive Repair, Services, and Parkinq 7513-7549 Automotive Services Automotive Dealers and Gasoline Service Stations 5511, 5531, 5541, 5571,5599 32 Text underlined is new text to be added Text strilletluaHglt is eHFFtlRt ttlxt ta be deleted P = permitted E = permitted with certain exceptions - Blank cell = prohibited (also see table of conditional and Q.l ~o "C c UI~ c:> accessory uses) U lUu uC." U C C) c .... 3::~~ rn o ~ ~ - ell ~ C _.. 3:: ....c OlUu land Use Type or Categoryl c > c 0- Sn:;8 ell ._ u C) (.) c ...0 clUO lUE.9 :5! E Ii; o 0 'a; C) u ~ Barber Shops or Colleqes 7241 Beauty Shops or Schools 7231 Bikinq Trails Bowling Centers 7933 Buildinq Construction 1521-1542 Building Materials 5211-5261 Building Materials, Hardware, Garden Supplies 5231 - 5261 Business Associations 8621 Business Repair Service P Business Services 7311,7313,7322- 7331,7338,7361, 7371,7372,7374- 7346, 7379 P Business Services 7311-7313,7322- 7338,7361-7379, 7384 P Business Services 7311,7313,7322- 7338, 7384 Business Services 7311-7313,7322- 7338,7361-7379, 7384, 7389 E(b) Business Services 7311-7352,7359, 7361-7397,7389 Business Services 7311-7353, 7359 Business Services 7312,7313,7319, 7334-7336,7342- 7389 Business Services 7311 Business Services 7312,7313,7319, 7331,7334-7336, 7342, 7349, 7352, 7361,7363,7371- 7384, 7389 Business Services 7311,7313,7322- 7331,7335-7338, 7361,7371,7374- 7376 7379 33 Text underlined is new text to be added Text stril.etRr6ligR is eliTTent text t6 be deleted P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ 1..0 't:l -Slu accessory uses) Q c ul~ u ~ c" U c e" Ii ... ;:Q '" 00 o :!: ~ - C'CIll c_ ;: I.. .. o al(j land Use Type or CategorY c > c: 0- -Sliij8 C'CI.- u e"uc I..e> C CIl e> CIl E .e ::5! E.! 00" e"u~ Business/Office Machines Canoe Rental Canoeing Trails Care Units Carwashes 7542 Category II Group Care Facilities Child Care - Not for Profit Child Dav Care Services 8351 Churches & Places of Worship Civic and Cultural Facilities Collection/Transfer Sites Commercial Printing 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavy Construction - Special Trade Contractors 1711-1793,1796, 1799 Construction - Special Trade Contractors 1711-1799 Continuinq Care Retirement Communities Depository Institutions 6011-6099 Depository Institutions 6011, 6019, 6081, 6082 Depository Institutions 6021-6062, 6091, 6099,6111-6163 Depository Institutions 6021-6062 Drinkinq Establishments and Places 5813 Drug Stores 5912 Drugs and Medicine 2833-2836 Duplexes Ell) Dwellinq Units Eatinq Establishments and Places 5812 Eta) Educational Plants Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 Educational Services 8211-8244 8299 34 Text underlined is new text to be added Text strillethFaligh is eliFFeHt text ta be aeletea P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Q.l '-0 "C 2u accessory uses) Q 5iU~ u u c" U c e" Ii '-l 3:~N rn o ~ ~ - CIl" c -i~ 3: '-.c: o ~ u land Use Type or Categoryl c 01-= 2 'iij 8 CIl.- u e"uc ...~ C III ~ III E.s "C E.! (5 0" e" uf Electronic Equipment & Other Electrical Equipment 3612-3699 Engineering, Accounting, Management and Related Services 8711-8748 Engineering, Accounting, Management and Related Services 8711-8713 E\a) Equestrian Paths Essential Services E(e) Excavation Fabricated Metal Products 3411-3479,3419- 3499 Fairqrounds Family Care Facilities Fishing Piers Fish inq/Hu ntinqlTrappinq 0912-1919 Fixture Manufacturing Food Manufacturing 2034, 2038, 2053, 2064, 2066, 2068, 2096,2098,2099 Food Products 2011-2099 Food Stores 5411, 5421-5499 P Food Stores 5411-5499 P Fraternal Organizations Funeral Services and Crematories 7261 Furniture & Fixtures Manufacturinq 2511-2599 Gasoline Services Stations 5541,5511-5599 General Contractors 1521-5261 General Merchandise Stores 5311-5399 P Glass and Glazinq Work 1793 Golf Courses Government Offices/Buildings 9111-9222,9224- 9229,9311,9411- 9451, 9511-9532, 9611-9661 Group Care Facilities Gunsmith Shop 7699 Hardware Stores 5251 P 1 For requirements pertaininq to Essential Services, see 2.01.03 35 Text underlined is new text to be added Text striketllrsHgh is eHrrent text ts be deleted P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ ~5 "0 'E (.) ;j Q accessory uses) U Q)(.) (.)0" U l: ~ Iii ... ::~'" rJi o ~ ~ - ~ ~ ~i:" oQ)13 Land Use Type or Categoryl o > c 0- ~ ro 8 ~ ._ (J ~ u c ...CJ l: Q) CJ Q) E g :S!E~ o 0;; ~(.)~ Health Food Stores Health Services 8011-8049 P Health Services 8011-8049,8082 P Health Services 8051-8059,8062- 8069, 8071, 8072, 8092-8099 Heavy Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, Equipment Store 5713-5719,5731- 5736 P Home Furniture, Furnishings, Equipment Store 5712-5736 1:. Home Suooly Store 5531 P Hotels and Motels 7011,7021,7041 Hotels and Motels 7011 Houseboat Rental 7999 Individual & Family Social Services Industriallnorqanic Chemicals 2812-2819 Industrial, Commercial, Computer Machinery and Equipment 3511-3599 Insurance Aqencies, Brokers, Carriers 6311-6399,6411 P Insurance Aqencies, Brokers, Carriers 6311-6361,6411 Insurance aqents, brokers, and service, includinq Title Insurance 6361 and 6411 Investment/Holdinq Offices 6712-6799 Job Traininq & Vocational Services 8331 Justice, Public Order & Safety 9221,9222,9229 Labor Unions 8631 Lakes Ooerations 7999 Larqe Appliance Repair Service 7623 P Leather Products 3131-3199 Libraries 8231 P Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426,2431-2499 Manaqement & Public Relations 8741-8743,8748 P Manaqement Services 8711-8748 Marinas 4493,4499 Measuring, Analyzing and Controlling Instruments 3812-3873 36 Text underlined is new text to be added Text strikethrollgh is ellrreRt text to be deleted. P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ell :UO 'tl C (.).~ = accessory uses) U 1Il(.) (.)0" U c " ~ ..... ::I~ .... rLl o ::> l!! - r"l~ c_.. :: ... J: o 1Il u land Use Type or Categoryl o >" 0- oS ili 8 r".- U " to) c ...~ C CIl ~ CIl E oS :!2 E.! o 0 ~ " (.)1 t. Medical and Optical Goods 3812-3873 Medical Laboratories and Research & Rehabilitation Centers 8071,8072,8092, 8093 Membership Organizations 8611-8699 E(I) Membership Orqanizations 8611,8631 Membership Orqanizations 8611 Membership Orqanizations 8611,8621 Misc. Manufacturinq Industries 3911-3999 Miscellaneous Plastic Products Miscellaneous Repair Service 7629-7631 P Miscellaneous Repair Service 7622-7641, 7699 Miscellaneous Repair Service 7622-7699 Miscellaneous Retail Services 5912, 5942-5961 Eta) Miscellaneous Retail Services 5912-5963 E(a) (g) Miscellaneous Retail Services 5912 _5963L.i, 5992-599924 E(a) (g) (h) (i) Miscellaneous Retail Services 5912, 5932-5949, 5942-5961,5992- 5999 Mixed Residential and Commercial Uses E(l) Mobile Home Dealers 5271 Mobile Homes Modular Built Homes Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freight Transportation and Warehousing 4225 Motor Homes Multi-Family Dwellings E(1.} Museums and Art Galleries 8412 P Nature Preserves Nature Trails Non-Depositorv Credit Institutions 6141-6163 Non-Depository Credit Institutions 6111-6163 Non-Depositorv Institutions 6011-6163 Non-Depository Institutions 6011, 6019, 6081, 6082 37 Text underlined is new text to be added Text stril.etliraHgli is eHrreBt text ta be deleted P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ ....0 't:l .!u accessory uses) 0 5i ul~ u u C ." U C) c: .... I:: C) '" 1JJ 3:1~ N o ~ l.'.! - l'Cl~ 1::_ 3: ... '" oQ)c3 Land Use Type or Categoryi C b.E .! 'iti 8 l'Cl.- u C)()O ...1.:) I:: Q) I.:) Q) Els "tlE~ (5 0 ~ C) u,:.- Non-Depository Institutions 6021-6062, 6091, 6099,6111-6163 NursinQ Homes 8051,8052,8249 Office Machine Repair Service 7629-7631 P Oil & Gas Exploration Open Space Outdoor StoraQe Yard Paint, Glass, Wallpaper Stores 5231 P Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parkina Facilities ParkinQ Services Parks, Public or Private Elm) Parochial Schools - Public or Private 8211 Party Fishina Boats Rental 7999 Personal Services 7291 P Personal Services 7212-7215,7221- 7251,7291 E(d) 0) Personal Services 7212,7215,7221- 7251 Personal Services 7212, 7291 Personal Services 7211, 7212, 72152 7216,7291,7299 E(d)(j) )(k) Personal Services 7215,7217,7219, 7261, 7291-7299 E(d)(j))(k) Personal Services 7211-7219 Personal Services 7215-7231,7241 E(J) Personal Services 7221,7291 PhotoQraphic Goods 3812-3873 Photoaraphic Studios 7221 P Physical Fitness Facilities 7991 P Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies 2 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal. 38 Text underlined is new text to be added Text striltetllrau.;;lI is earrent text fa lie deleted P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Q.l "'0 "c:l $(,) <:I ; (,),~ accessory uses) U (,)c" U s::C)ii """i ~~N r.r.J. o ~ !! - IV ~ s::_ ~ ... co oalc3 Land Use Type or Categoryl c >" 0- $iij8 IV ._ tJ C) U Q ...Cl s:: aI Cl alES 'C E ~ "0 .e o " C) (,)~ Plastic Materials & Synthetics 2821,2834 Plav Areas and Playgrounds Pleasure Boat Rental Printing and Publishing Industries 2711,2712 Printing and Publishing Industries 2711-2796 Professional Offices 6712-6799, 6411, 96311-6399,6531, 6541, 6552, 6553, 8111 Professional Organ izations 8631 Public Administration 9111-9199,9229, 9311,9411-9451, 9511-9532,9611- 9661 Public Service Facilities - Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 P Real Estate 6521-6541 Real Estate 6512 P Real Estate 6512-6514,6519, 6531-6553 Real Estate Brokers and Appraisers 6531 Real Estate Offices 6531, 6541, 6552, 6553 Recreational Service Facilities Recreational Services - Indoor 7911-7941,7991- 7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related services, not elsewhere classified 7699;j Research Centers 8093 Research Services 8732 Residential uses 3 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and reel repair. 39 Text underlined is new text to be added Text stril(ethrouglt is eHrreat text ta be deleted P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Q,l "0 "'0 J!!u accessory uses) = a:; u ~ U u c" U cC)1ij ..... 3=1 S! N [/':J o :: e - C'Cl f C_.. 3= ; u Land Use Type or Category' ~ > c: o- J!! Iii 8 C'Cl.- U C) U Q ..CI C CII CI CII E S "C E~ (5 o .. C) u~ Retail Nurseries, Lawn and Garden 5261 P Rubber and Misc. Plastic Products 3021,3052,3053 Safety Service Facilities Schools, public Schools - Vocational 8243-8299 E{") Security Brokers, Dealers, Exchanges, Services 6211-6289 .E Shoe Repair Shops or Shoeshine Parlors 7251 P Shootino ranoe, indoor 7999 Single-Family Dwellinqs E\I} Social Services 8322-8399 Stone, Clay, Glass and Concrete Products 3221,3251, 3253, 3255-3273, 3275, 3281 Storaqe Synthetic Materials 2834 Testing Services Textile Mill Products 2211-2221,2241- 2259, 2273-289, 2297,2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parkino Lots 7514,7515,7521 Townhouses ElL) Transportation bv Air 4512-4581 Transportation Equipment 3714,3716,3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799 Transportation Services 4724-4783,4789 Travel Aqencies 4724 Travel Trailers 5561 Two-Family Dwellinq United States Postal Service4 4311 P Veterinarian's Office" 0742 I Veterinarian's Office 10752 4 Excludes major distribution center. 5 Excludes outdoor kenneling. 40 Text underlined is new text to be added Text strillethrollgh is turrent text to he deleted P = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ "'0 -= Ql => 1:(.):; accessory uses) U Ql(.) (.) c .... U I:C); ~ 3: ~ N ~ o > e - III ~ 1:-.. 3: ....c o Ql t.l Land Use Type or Categoryl c > c 0- .!iij8 III ._ t.l C)uc ...Cl I: Ql Cl QlES :!2Ei o 0 ~ C) (.)1:'" Videotape RentaltJ 7841 p Vocational Rehabilitation Services 8331 Weldinq Repair 7692 Wholesale Trade 5148 Wholesale Trade - Durable Goods 5021, 5031, 5043- 5049, 5063-5078, 5091,5092,5094- 5099 Wholesale Trade - Nondurable Goods 5111-5159,5181, 5182,5191 Wildlife Conservancies 9512 Wildlife Manaqement 0971 Wildlife Refuge/Sanctuarv Wildlife Sanctuaries Watches/Clocks 3812-3873 6 Limited to 1,800 square feet of gross floor area. 41 Text underlined is new text to be added Text striketllraagh i~ earreat text ta Be deleted. (a) Limited to 5.000 square feet per floor (b) Except labor pools in qroup 7363 (e) Exception for newspapers in qroup 2752 (d) Except commercial use emplovinq drive-up, drive-in. or drive-throuqh delivery of qoods and/or services (e) Except that fire protection and police protection in qroups 9221 and 9224 are limited to administrative offices only (I) Except civic. social. and fraternal orqanizations in qroup 8641 and reliqious orqanizations in qroup 8661 (9) Except liquor stores in qroup 5921 (h) Except pawn shops in qroup 5932 (i) Except retail firearm and ammunition sales in qroup 5941 (j) Except coin operated laundries and dry c1eaninq in qroup 7215 (k) Except miscellaneous personal services not elsewhere classified in qroup 7299 (1) Refer to specific requlations in the GGDCCO district (2.03.07 NA.a.ii.) (m) Limited to pocket parks only, qenerallv described as a small area accessible to the qeneral public that often includes plantinqs, fountains, seatinq areas. and other similar passive open space features. 42 Text underlined is new text to be added Text stril(ethFoagh is earreRt text to lie deleted 2.04.03 ZONING DISTRICTS AND USES Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses. C = conditional use A :::: accessory use 1; ~ ;: 'C l: Q) c .. 3: > '" ACCESSORY AND 00 t! G.l - - .. COND~T~ONAL USES 't:l l: III S! 3: '(3 .. 0 .c () 0 ... u Q Q) .E () Q) E 0 en - E U III oog C) uug l: ... U 0 Q) $c-: "'C '0 l:C).!! C) ~ C) ~ Administrative or service buildinq Adult day care 8322 Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching, or wholesale reptile breeding Aqricultural 0741,0742,0752- 0783 Aqricultural services 7911 Amusement & recreation services C 7911-7941,7991- 7993, 7997, 7999 Amusement & recreation services 7948, 7992, 7996, 7999 Amusement & recreation services Ancillary plants Animal control Aquariums 8422 Archery ranqes 7999 Assisted Iivinq facilities 43 Text underlined is new text to be added Text strili.ethraHgh is eHfFeBt text ta Be deleted C = conditional use A = accessory use i;, ;j i: " " c:: Gl .. 3: > N ACCESSORY AND 00 Ul Q) - - ~ CONDITIONAL USES '0 c:: l'\l 3: 'u .. 0 .c 0 0 ... u C Gl " ~ Gl E 0 CJ) - Er..... tl l'\l OOe C) ()()~ c:: ... () 0 Gl Glc- 'C CC)-.! '0 c3lg> ~ C) 7389,5999 C(a) Auctioneerinq Services, auction rooms and houses 5521, 5551, 5561, 5599 Automotive dealers and aasoline service stations 7513,7519 Automotive rental/leasina Beach chair, bicvcle, boat or moped rentals Bed & breakfast facilities 7011 Boathouses Boat ramps Boat yards . Botanical qarden 8422 Bottle clubs 5813 Campina cabins Care Units Caretaker's residence A(b) Cateaorv \I aroup care facilities Cemeteries Chemical products 2812-2899 Child dav care 8351 8661 Churches & places of worshio Civic & cultural facilities Clam nurseries Cluster development 44 Text underlined is new text to be added Text stril(ethre1igh is eUFFeRt text te he deleted C = conditional use A = accessory use ~ ~ ;: "Cl c: CIl c .. == > ... ACCESSORY AND 00 I!! Ql - - " CONDITIONAL USES 'tl c: 11l '9 == 'ij .. 0 .c U 0 ... u C Q) .E U Q) E 0 en - E u 11l 0 6g C) () ()t!l c: ... ()~ Q) Q) c:: "C - '0 c: (:).2! Q) (:)~ (:) () Cocktaillounqes 5813 Collection/transfer sites Commercial uses Communications 4812-4841 Communication towers . Community centers C 7922 Communitv theaters Concrete or asphalt plants Continuinq care/retirement centers 5411 Convenience stores Dancinq establishments & staqed entertainment Depositorv institutions 6011-6099 Detention facilities Docks 5813 Drinkinq establishments Driving ranqes Earth mininq 5812 Eatinq establishments . 45 Text underlined is new text to be added Text stril,etkroagk is earreat text to be deleted C - conditional use A = accessory use r; ;j ;: ." c: c: Q) .. ~ > '" ACCESSORY AND 00 ~ Q) - - " CONDITIONAL USES "C c: III 9' ~ "u .. 0 .c U 0 ... u C Q) .E: ~ Q) E 0 - E u (J) III log C) 0 u uCl c: ... u~ Q) Q) c: 1:1 - (5 c: C).l!! Q) I~ ~ C) u 8211-8222 Education services 8211-8231 Education facilities; public & private schools Electric aeneratinq plants Electric, oas, & sanitary services 4911-4971 Enamelina, Daintina, or Dlatina A (e) Excavation Extraction related processino and production Fabricated metal products 3482-3489 Farm labor housing Farm product raw materials 5153-5159 Field crops Fish ino/hu ntina/trapping 0912-1919 Food products 2011,2048 Food service . Food stores (over 5,000 sJ.) 5411-5499 C Fraternallodaes, private club, or social clubs Fuel dealers 5983-5989 Fuel facilities Funeral services & crematories 7261 Gas aeneratina plants 46 Text underlined is new text to be added Text strilretHf8ugll i!l eurreHt text ta be deleted C - conditional use A = accessory use ~ ~ i:: " c: Q) l: to ACCESSORY AND 3:: > '" CI) 00 l!! CONDITIONAL USES -- .. "C c: <<l "9 0 3:: 'Cj to .c: U 0 ... u C Q) .5 U Q) E 0 (j) - E u <<l 515 C) 0 u u~ c: ... u~ Q) Q) c: "tl - '0 c: C).! Q) C)~ C) u Gift shops 5947 Golf club house Golf course Golf drivina ranqe Group care units Guesthouses Health services 8011 Homeless shelters 8322 Hospitals 8062-8069 Hotels and motels 7011,7021,7041 Huntinq cabins Incinerators Jails Justice, public order & safety 9211-9224 Kennels & kennelinq 0742,0752 Kiosks Leather tanning & finishinq 3111 Livestock Local and suburban transit 4111-4121 Local and suburban transit 4131-4173 Lumber and wood products 2411-2421, 2429 Maintenance areas 47 Text underlined is new text to be added Text striilethroagh is eaneDt text to he deleted C = conditional use A = accessory use ~ ~ 1: ." C CI) c .. == > .... ACCESSORY AND Cl) 00 I -- CONDITIONAL USES 't:J c C\l == '13 .. 0 .c U o ... u C CI) .E U CI) E 0 en - E u C\l 0 5g c)(.,) (.,)~ c ... (.,)~ CI) CI) c:: ,,- - C C)J! o CI) IQ~ c)(.,) Major maintenance facilities Marina 4493,4499 Mental health facilities Merchandise - outdoor sales Miniature golf course 7999 Mixed residential and commercial Model homes and model sales centers Motion picture theaters 7832 C Motion picture theaters 7833 4212,4213-4225, 4226 Motor freight transportation and warehousing Motor freiqht transportation and warehousing 4225,4226 Noncommercial boat launching ramps Nursery - retail 5261 Nursing and personal care facilities 8062 Nursing homes Oil and qas extraction 1321,1382 Oil & gas field development and production Outdoor display Packinghouse Paper and allied products 2611 48 Text underlined is new text to be added Text striketltr811gh is ellFFeHt text t8 be deleted C conditional use A = accessory use 1; ~ ;:: ." C ell c: .. ACCESSORY AND ~ > N Q) 00 e - - " CONDITIONAL USES "C c ltl 9' 0 ~ '(j .. J: U 0 ... u C Ql -= U Ql E 0 en - E u ltl 0 515 ~ u uCl c ... u~ Ql ell c:: '0 - '0 c ~~ Ql (!)~ ~ u Personal services 7291 Petroleum refinina and related 2911-2999 Pistol or rifle ranae Play areas and olavarounds 6 Poultry raisina (small) Primary metal industries 3312-3399 Private boathouse and docks Private clubs Private landinq strios Pro shops (Iarae) Pro shops (small) Recreational facilities A Recreational services Refuse systems 4953 Rehabilitative centers 8093 Reoair or storaae areas Residential uses Resource recoverv plant Restaurant (small) or snack shop 5812 Restaurant (lara e) 5812 Retail shops or sales Rubber and misc. Plastic oroducts 3061-3089 Sanitarv landfills 49 Text underlined is new text to be added Text strikethraugh is eurreftt text ta be deleted C conditional use A = accessory use .~ ~ i: "C l: QI " ... ACCESSORY AND ::: > .... ell 00 ~ CONDITIONAL OSES - - .. "C l: l'O ~ 0 ::: '(j ... .<: U 0 ... u C Q) .5 U Q) E 0 (j) 16 E u C) 0 5g () u(!l l: ... u~ Q) Q) c: 'C - (5 l: C).:!! Q) C)~ C) u Sawmills Schools, oublic or orivate I Schools, private Schools, vocational 8243-8299 Service facilities Slau~hterinq olants 2011 Social association or clubs 8641 Social services 8322-8399 Soup kitchens Sports instructional camos or schools Staqed entertainment facilitv 3211,3221, 3229, 3231,3241,3274, Stone, clav, qlass and concrete oroducts 3291-3299 Swimminq oools - public Storaqe, enclosed Tennis facilities 2231,2261-2269, 2295,2296 Textile mill oroducts Transfer stations 4212 Veterinarian's office 0741-0742 50 Text underlined is new text to be added Text stFiI,etRFough is eUFFeBt text to be deleted C = conditional use A = accessory use ~ ~ ;: c: Cll C to :; > '" ACCESSORY AND - 00 l!! Ql -- " "t:J c: ca g CONDITIONAL USES 0 :; '13 .c U o .... u C Cll .= U Cll E 0 Ci) - E u ca 0 16 g C-'u uCl c: .... u~ Cll Cll C";: "C- - c: C-'~ o Cll C-'~ C-'U 5015,5051,5052, 5093 Wholesale trade - durable Qoods 5162,5169,5171, 5172, 5191 Wholesale trade - nondurable Qoods Yacht club 7997 Zoo (a) Limited to 5.000 square feet per floor (b) Accessory to commercial and residential mixed use proiects (c) Accessory to an artist's studio or craft studio only 51 Text underlined is new text to be added Text stril.etltro\l.glt is e\l.FFent text to Be deleted 2.05.00 DENSITY STANDARDS 2.05.01 Density Standards and Housing Types A. s ~ 0 :::: III ... a Ql ... .Q II) Housing E: .!!! Density :::! CJ (units per Type: .s- '- .::: Zoning ~ .J!.l ~ gross acre) '- .... Ql Ql :5 - District t: Ql ~ E: II) III ~ II) 0 :::! ... e r: :::! .- 0 0 E: :x: Ql III -= I ~ 0 ... :x: ..lC .::: III ~ .::: ~ .!!! Ql - ~ II) ~ ~ ~ '- - II) ~ Ql g. - .Q II) Ql CJ ~ ~ 'S 0 ~ :::! III E: Ql Q ~ ~ u <-' u i:: Q:: Per underlvinq GGDCCO ./ zoninq district 52 Text underlined is new text to be added Text strilietlu8uga is eurreRt text ta be deleted 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlav District (GGDCCO) A. Development criteria. The following standards shall apply to all uses in this overlav district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the growth management plan, these standards shall supersede any less stringent requirement or place additional requirements on development. 1. Cessation of residential uses. Existing, non-owner-occupied residential uses located along Golden Gate Parkwav shall cease to exist no later than seven years after the effective date of the adoption ofthe Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan (adopted October 26,2004; effective January 14, 2005). This does not require the removal of residential structures located elsewhere in this overlay district. 2. Multi-story buildings. a. Only retail, personal service, and institutional uses are allowed on the first floor. b. All uses allowed by this zoning overlav, except restaurants and cocktail lounges, are allowed on the second floor. c. Only residential uses are allowed on the third floor. 3. Density. Density shall be as per the underlying zoning district. For mixed-use projects. density shall be calculated based upon total project acreage. 4. Setbacks. a. All development and redevelopment on lots abutting Golden Gate Parkwav shall have a front yard and set-back of no more than fifteen feet (15). All projects providing a front yard setback greater than zero (0) feet must provide restaurant seating, and/or open space areas such as other seating, planting areas, and decorative landscape planters within such front yard, except that water management retention and detention areas are prohibited. 53 Text underlined is new text to be added Text stril.ethr8l1gh is fllFFeRt text t6 Be deleted b. All development and redevelopment on properties in the overlay area not abutting Golden Gate Parkway must comply with the front yard setback requirements of that propertv's underlying zoning. c. Side yard setback shall be a minimum of 5 feet. d. Rear yard setback shall be no less than one-half ofthe building height. with a 15-foot minimum. 5. Building Footprint Limits. a. Minimum building footprint of 3.000 square feet. b. Maximum building footprint of 12.000 square feet. 6. Minimum floor area - residential. a. Mixed use. Minimum floor area of 1.500 square feet. 7. Minimum Height. The zoned height of buildings shall be no less than 34 feet. 8. Maximum height. The actual height of buildings shall not exceed three stories and 45 feet. 9. Crime Prevention Through Environmental Design (CPTED) Standards. The Golden Gate community supports the CPTED philosophv as a wav to reduce crime. improve neighborhood and business environments. and increase overall quality of life of its citizens. CPTED principles such as natural surveillance. natural access control. and territorial reinforcement shall be incorporated into the overall design of the proiect. consistent with the provisions in this overlay and as identified below. a. Public paths shall be clearlv marked by using design elements such as landscaping and pedestrian accent lighting. b. Public entrances shall be clearly defined by walkways and signage. as specifically provided in this overlay. 10. Common architectural style. In support of the purpose and intent of the GGDCCO. all structures within the overlav district shall have a common Mediterranean architectural style. with barrel tile roofs. stucco facades. arches and wood accent members used as details. During the site development plan review process. architectural drawings shall be submitted to demonstrate adherence to this requirement. All commercial and mixed use buildings and pro;ects shall be subject to the provisions of Section 5.05.08 of the Code. except 54 Text underlined is new text to be added T eJ(t stril,ethroHgh is eHrreBt text to he deleted as provided herein. 11. Architectural standards, All buildings shall meet the requirements set forth in Section 5.05,08, except as otherwise specified below: a. Buildings with frontage on Golden Gate Parkway shall have sixty (60) percent of the ground-floor facade finished with clear or lightly tinted glass. b. The glazed area of the facade above the first-floor shall be at least twenty (20) percent but shall not exceed thirty-five (35) percent of the total area, with each facade being calculated independently. C. Design elements used to embellish the primary facade shall be similarly incorporated into the rear facade of buildings. d. The facades of buildings 5,000 square feet or larger shall use rooflines that vary in height or architectural embellishments, such as cupolas, at least every eighty (80) feet. e. Parapet roof treatments are prohibited. f. Flat roofs must be screened with a mansard edge barrel tile roof extending the length of all facades. 2. Building entrances shall be accentuated through architectural elements, lighting, landscaping, and/or paving stones. 12. Outdoor display/sale of merchandise a. No automatic food and drink vending machines shall be located exterior to buildings. 13. Access. Those aggregated lots developed under these overlay provisions and fronting on Golden Gate Parkway must provide site access from abutting local streets and may not obtain site access from Golden Gate Parkwav, and where one such commercial or mixed use development provides site access at the development's project boundary abutting other lots, whether aggregated yet or not for commercial or mixed use development. such developments must provide for joint or cross access with the abutting property or properties in order to share access and minimize the number of access points. 14. Parking standards. All commercial and mixed-use projects shall meet the parking requirements as set forth below: a. A minimum ofthree (3) public parking spaces for each 1,000 square feet of commercial floor area. 55 Text underlined is new text to be added Text striliethreu.;;;h is eu.rreRt text to be deleted b. A minimum of 1 1/2 parking spaces for each residential unit. c. No parking is allowed in the front vard on lots abutting Golden Gate Parkway. d. There shall be no parking requirement for outdoor restaurant seating areas. e. Shared parking is required, where possible and feasible. f. Interconnection between adiacent parking: lots is required, where possible and feasible. g. Parking facility lighting shall be consistent with the pedestrian/accent decorative lighting fixtures illustrated in Fig. 29, page 5-9 of the Golden Gate Community Roadways Beautification Master Plan, latest edition, and shall be maintained at a light level of 3.0 foot candles, and arranged and shielded in a manner that protects roadways and neighboring properties from direct glare or other interference. h. All proiects that are adiacent to residential development within the district and/or residentiallv zoned properties outside the district shall provide lighting fixtures with fuJI-cutoff optics that direct the light source downward. i. The overnight parking of commercial vehicles, with a rated load capacity of one ton or more, is prohibited. i. The overnight parking of commercial vehicles shall be limited to one (1) vehicle per 1,000 square feet of commercial floor area, not to exceed six (6) commercial vehicles per building. 15. Proiect standards. In addition to the site design elements described in Section 5.05.08 C.5.d, all proiects shall provide: a. Two accent or specimen trees, above the minimum landscape code requirements, for every 100 linear feet along both the front and rear facades, at a minimum height of 18 feet at planting, except that proiects with frontage along Golden Gate Parkway shall onlv be required to provide the planting along the rear facade. b. Decorative landscape planters or planting areas, a minimum of five (5) feet wide, and areas for shaded seating consisting of a minimum of 100 square feet. 16. Landscaping. All commercial and mixed use proiects shall meet the landscape requirements in Section 4.06.00 of this Code, unless otherwise specified in this zoning overlay. 56 Text underlined is new text to be added Text strilletkraHgk is eHrreBt text ta be deleted a. Proiect Perimeter Buffering. All projects that are located adjacent to residential zoning external to the district boundaries shall provide a six (6) feet wide sidewalk and a minimum nineteen (19) feet wide landscape planting area, except that the proiect's frontage along Golden Gate Parkway shall be exempt from this requirement. The planting area shall be landscaped with: 1. Shrubs and ground cover: shrubs shall be planted in a double row and be no less than 24 inches in height at time of planting: and. 2. Trees, planted one per 30 linear feet and, at time of planting, a minimum height of22 feet. b. Internal Project Buffering. All projects that are located adjacent to a residential use within the district boundaries shall provide an Alternative B buffer -per Section 4.06.02 C.2. except: walls and berms are prohibited, a freestanding hedge must be 6 (six) feet in hei ght, if a fence is provided it must be accompanied bv a hedge 3 (three) feet in height with a 2 (two) feet spread at time of planting. The project frontage along Golden Gate Parkway shall be exempt from this requirement. c. Building Foundation Plantin~ Areas. Buildin~ foundation plantings shall be required for all projects, except for buildings adjacent to Golden Gate Parkway and the rights-of-wav abutting the district's external boundaries, d. Project Vehicular Use Areas. Mountable curbs shall be provided for all terminal landscape islands as depicted in Figure 3, Section 4.06.03.8.3. 17. Golden Gate Parkwav Right-of-Way Improvements. Right-of-way improvements required for propertiesllots with frontage along Golden Gate Parkway. a. Curbing. All projects/lots shall provide Tvpe "F" non-mountable curbing per F.D.O.T, "Roadway and Traffic Design Standards" Index 300, the latest edition. b. Landscaping. All projects/lots shall be required to provide an eight (8) feet wide landscapin~ strip between the curb and sidewalk. This planting area may be reduced between tree spacing to five (5) feet wide, for a maximum of 50 percent of the buffer area, to accommodate street furnishings and fixtures, consistent with the Golden Gate Community Roadways Beautification Master Plan. The landscaping strip shall be landscaped with: 1. Turf, not to exceed 50 percent of the planting area: 2. Shrubs and ground cover, at a minimum of 50 percent coverage, not to exceed a mature height oftwentv-four (24) inches: and, 3. Canopy trees, planted one per 30 linear feet and, at time of 57 Text underlined is new text to be added Text strilwthrBa;;;h is earreRt text ta be deleted planting, a minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in height. All planting materials in the public right-of-way shall be consistent with those identified in the Golden Gate Community Roadways Beautification Master Plan. Installation and maintenance shall be consistent with the Collier County Construction Standards Handbook for Work within the Right-of- Way. Where right-of-way plantings above are not practicable, a planting area and! or a decorative planter( s) mav be provided consistent with the Collier County Construction Standards Handbook for Work within the Right-of- Way. Property owners shall be required to enter into a Landscape Maintenance Agreement with the County for the installation and maintenance of the required right-of-wav plantings. Landscape Maintenance Agreements shall require a signed and sealed landscape and irrigation planes), review by the appropriate Transportation Division's staff, approval by the Board of Countv Commissioners. and recording of said agreement with the Clerk of Courts. Plans shall include, but not be limited to, the following: 1. Existing conditions inventory 2. Proposed plantings/details of planting methods and maintenance specifications 3. Location of utilities 4. Location of drainage facilities 5. Irrigation proposal, including water connections c. Sidewalks. All proiects/lots shall provide a ten feet wide sidewalk between. the required landscape strip identified in "b." above and the property line. Sidewalks shall be constructed pursuant to the Land Development Code and the "Construction Standards Handbook for Work within the Right-of- Way". Decorative pavers (consistent with the approved pavers identified in the Golden Gate Community Roadways Beautification Master Plan) may be substituted for portions of sidewalk, subiect to approval by the County Manager or desi~ee. Where a portion of the required sidewalk cannot be constructed in the public right-of-way, the property owner shall locate such portion on their private property and grant the County an easement. 18. Address numbers. Address numbers shall be 8 inches in vertical height and shall be located on the primary building facade. Numbering materials shall be reflective and have a contrasting background. 19. Signs. As required, allowed, or prohibited in Section 5.06.00 of this Code, 58 Text underlined is new text to be added Text strillethroHgh is eHrreHt text to lie deleted except as specified below: a. A single external wall sign may be applied to both the front and rear facades of the building provided that it shall not exceed two (2) feet in vertical dimension. This wall sign(s) shall not exceed 80% of the width of the unites) or the building occupied by a business with a minimum often percent clear area on each outer edge of the unites). The wall sign(s) shall consist ofletters applied directly on the facade(s) of the building. A wall sign(s) shall only be permitted on the first floor ofa building, b. In lieu of the external wall sign(s) permitted in paragraph "a." above, the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and shall not exceed one third of the length of the canopy. Such sign shall be limited to the first floor only, c. In addition, an under canopy or projection sign shall be required for, and limited to, the business located on the first floor. Such signs shall not exceed 6 square feet, shall not proiect more than four (4) feet from the building on which it is attached, and shall be elevated to a minimum of 8 feet above any pedestrian wav and shall not exceed a height of 12 feet. d. Single or multiple occupancy parcels where there is double frontage on a public right-of-way, shall be allowed three signs, but such signs shall not be placed on one wall, and shall be limited to the first floor onlv. e. Signs used on the primary facade shall also be similarly provided on the rear facade of the buildings. f. One identification sign may be provided for a second floor businesses). Such sign shall onlv be permitted in the rear yard and shall have a minimum setback requirement of 10 feet. Such sign shall not exceed 24 square feet in size and 4 feet in height. The display area of the sign may only include the business logo, name, and address. Comer lots and through lots shall locate such sign in the rear of the building. g. External signs shall not be translucent, but may be externally lit or backlit. h. No sign, display, merchandise or window tinting shall be placed on or adiacent to anv window that would interfere with the clear and unobstructed view of the interior of the establishment from the outside and, in particular, ofthe cash register(s) from the street. 59 Text underlined is new text to be added Text strili:ethraligh is eliFFeRt text ta Be deleted i. The following signs are prohibited: freestanding signs, except identification signs, real estate signs, and construction signs; stenciling and other window signs, except "open" signs, which shall be limited to two and one-half square feet in size. i. Portable restaurant signs shall be permitted subject to the following regulations: 1. Signs shall be "A" frame design 2. Only one sign shall be permitted per restaurant 3. The sign dimensions shall be a maximum of 24-inches wide and 48-inches in height. 4. The sign shall be displayed only during the hours of operation of the establishment. 20. Lighting. As described and provided in the Golden Gate Community Roadwavs Beautification Master Plan or as identified below: a. Internal Project Lighting. All projects shall use architectural decorative lighting. Such lighting shall be the same decorative lighting as identified in Figure 29 on page 5-9 of the Golden Gate Communitv Roadwavs Beautification Master Plan. If such lighting becomes unavailable, similarly themed lighting shall be used. Light fixtures must light all public use areas adjacent to the building (e. g. entrvway. courtyards, etc.) to a recommended 0.5 candle level of illumination. Lighting shall be arranged in a manner that protects roadwavs and neighboring properties from direct glare or other interference. b. Street/Roadway Lighting. Architectural decorative lighting shall be used along Golden Gate Parkway within the public right-of-wav. Such lighting shall be a variation of the decorative lighting identified as Figure 29 on page 5-9 ofthe Golden Gate Community Roadways Beautification Master Plan. more specifically identified as the Lumec Domus Series (DMS50-250MH-SG3-480-LD-DL-CRL72-1A/ U.S. 41 East lighting fixture). If such lighting becomes unavailable, similarly themed lighting shall be used. The installation and maintenance of lighting shall be consistent with the Collier County Construction Standards Handbook for Work within the Right-of- W avo 21. Dumpsters. Dumpsters shall be screened and positioned out of view from public right-of-ways and pedestrian walkways. 60 Text underlined is new text to be added Text stril.ethroligh is eliFreRt text to be deleted LDC Amendment Request ORIGIN: Z&LDR AUTHOR: Catherine Fabacher DEPARTMENT: Z&LDR AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC2:116 LDC SECTION: 2.04.03 Table of Land Uses in Each Zoning District LDC SUPPLEMENT #: Supplement 1 CHANGE: Remove Single Family Dwellings as a permitted use in Golf Course (GC) Zoning District and restrict the permitted use of single family residences in the Residential Multiple Family-12 (RMF-12) Zoning District to existing nonconforming lots subject to Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. REASON: To correct errors to the Code that occurred during re-codification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 4.02.01 and 2.04.03 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: July 19, 2005 Amend the LDC as follows: 2.04.03 Table of Land Uses in Each Zoning District [see attached copy of table 1: page LDC2: 115 on next page] 61 Text underlined is new text to be added Text stril{l~thrBligh is eUFreHt text tB he deleted ZONING DISTRICTS AND USES 2.04.03 0 ~ . .... "Cl ~ t,j '" . 6b "8 ~ '" i s 0:1 0 r:.. .... 12 ., ~ i 0 1 ~ III , 'U 5 .... . . ~ ~ . O'l ., :> c O'l '? SIC Code b .... .... ":l t,j {... t -; g 0 . 1 1:1 . , >> .~ oS -; III " "f 1 ~ ~ ... u "ii 0 U) = 1:1 -< r:.. r:.. r:.. e oS III ;a . u . r:. " III III . . "' 'E III -; , -a. -a. -a. .. u ] e iiI III "' -; ~ ~ " 'g Cl bD :c :c :c i :c ;0- 'e 0 B ~ ~ ~ e 1:1 .B c .S 5 . . '" ..e ~ oS .. p., u " . :I rD :s " " a III " -; iiI iiI iiI .. "' ~ ~ -; .. -; '" a ~ ~ r::l :0 :0 :0 :a :0 ~ l 13 ';3 0 '" , 1:1 5 1:1 5 5 .. .. .. u CI III III 0 .! III III fo .! 'il ~ m m .. ~ ! "Cl "Cl "Cl "Cl "Cl :s III :a ! J ! J J .; ~ ~ = III r3 ~ ~ '" '" 8 (lJ " c 0 0 c ill Rapair sbops and related 7699" services, not elsewhere classified Rasesrch Centers B093 Rasearcb Services 8732 P P Rasidential uses Retail NurBerieB, Lawn 5261 p P P and Garden Rubber and Mise. Plastic 8021, 8052, Products 8053 Safety Service Facilities Schools, public pl" p" pL2 Schools. Vocational 8248-8299 p P Security BrokerB, Deal. 6211-S289 p P P F Cr!!, ExchangeB, ServiceB Sboe Repair Sbops or 7251 P P P P F Sboesbine ParlOr!! Shooting I'IUlge, indoor 7999 Single-Family Dwellings p P P P P p25 . P P Social Services 8322-8399 p F StanB, Clay, Glass and 3221, 3251, C<>nc:rete Products 3253,3255- 3273, 3275, 3281 Storage Synthetic Materials 2834 Testing Services Textile Mill Products 2211-2221, 2241.2259, 2273-2289, 2297, 2298 Timeshare Facilities P TiUe abstract offices 6541 Tow.in Parking Lots 7514, 7515. P 1 7521 LDC2:115 62 Text underlined is new text to be added Text strih,etlueagh is elirrent text te Be deleted LDC Amendment Request ORIGIN: Community Development and Environmental services AUTHOR: Mike Bosi, AICP DEP ARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle Two 2005 LDC PAGE: LDC4: 13-14 LDC SECTION: 4.02.03 LDC SUPPLEMENT #: Original LDC Recodification (04-41) CHANGE: Add language to accessory structure setback criterion to establish a benchmark for the seawall elevation from which the rear yard accessory setback is determined. REASON: To prevent builders from artificially raising the existing seawall to gain compliance with the reduced rear yard for accessory structures as provided for in section 4.02.03.A.Table 4 ofthe LDC FISCAL & OPERATIONAL IMPACTS: NA RELATED CODES OR REGULATIONS: LDC section 4.02.03.A.Table 4 GROWTH MANAGEMENT PLAN IMP ACT: NA OTHER NOTESNERSION DATE: This version was created on July 7, 2005 Amend the LDC as follows: 4.02.03 Specific Standards for Location of Accessory Buildings and Structures * * * * * * * * * * * * * 63 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots Setbacks Structure to Front Rear Side structure (If Detached) 1, Parking garage or carport, single-family SPS SPS SPS 10 feet 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/1 1 4, Swimming pool and/or screen enclosure (one- and SPS 10 feet SPS N wo-family) 5, Swimming pool (multi-family and commercial) SPS 20 15 feet N feet 6. ~ennis courts (private) (one- and two-family) SPS 15 SPS 10 feet feet 7 Tennis courts (multi-family and commercial) SPS 35 SPS 20 feet feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 10 feet feet (See section 5.03.06(F)) 9. Utility buildings SPS SPS 1 0 feet 10 feet 10, Chickee, barbecue areas SPS 10 SPS N feet 11, Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS feet 64 Text underlined is new text to be added Text strikethrough is eurreHt text to be deleted 12. Attached screen porch SPS 10 feet SPS SPS 13, Unlisted accessory SPS SPS SPS 1 0 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 N/A feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 SPS 10 feet feet N = None, N/ A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. * = 1 foot/foot of accessory height = 1 foot/foot of building separation I lIfoot of accessory height = l/foot of building separation. 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Isles of Capri and the Goodland Zoning Overlay which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determining the setback for the rear yard accessory setback on a parcel shall be no higher than the average elevation of the top of seawall cap or top of bank on the two immediate adioining parcels, 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Isles of Capri and the Goodland Zoning Overlay which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determining the setback for the rear yard accessory on a parcel shall be no greater than the average elevation of the top of seawall cap or top of bank on the two immediate adioining parcels. 65 Text underlined is new text to be added Text strikethnmgh is eurrent text to be deleted LDC Amendment Request ORIGIN: Public Comments AUTHOR: C, Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:30 LDC SECTION: 4.02.14 LDC SUPPLEMENT #: Supplement 1 CHANGE: Re-titling the section to indicate that Special Treatment (ST) District Standards are also included in this section. REASON: Staff notes that several applicants have called because they could not locate the Design Standards for ST Districts. FISCAL & OPERA TIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTES/VERSION DATE: June 15, 2005 Amend the LDC as follows: 4.02.14 Same Design Standards for Development in the ST and ACSC-ST District~ A. All development orders issued within the ACSC-ST area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern. B. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida, Department of Community Affairs, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration, * * * * * * * * * * * * 66 Text underlined is new text to be added Text strikethrough is current text to be deleted E. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in section 4.02.14 F, below, F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations, No petition for the site alteration or site development approval will be accepted for formal processing until the planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. 2. Review and recommendation by planning services director, planning commission and environmental advisory council. The site alteration plan or site development plan shall be submitted to the planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the planning commission and the environmental advisory council (EAC) for review and recommendation. Neither the planning commission nor the EAC review shall require a public hearing nor notice to the abutting property owners, but shall be held in a regular meeting. The planning commission and EAC recommendations and county staff recommendations shall be forwarded to the BCC for final action. 3. Final action by board of county commissioners. Final action on the site alteration plan or site development plan lies with the BCC. The board shall review the proposed site alteration plan or site development plan in regular session and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan, 4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local, state and federal permits for the alteration or development of the subject property. 5. Commencement of site alteration or site development. Upon obtaining all required local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accordance with the conditions and requirements of said permits. Submission requirements for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. The following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land: * * * * * * * * * * * 67 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas E, Kuck, P.E., John Houldsworth DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC4:62 LDC SECTION: Section 4.03,02 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Add sentence clarifying platting requirement REASON: The platting requirement is currently assumed but is not specifically stated. This amendment provides clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on December 15, 2004 at 2: 15 p.m. Amended on Aug. 18 following CCPC comments. Amend the LDC as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Any division of land meeting the definition of subdivision which is not otherwise exempt by this section shall require the filing of a subdivision plat in accordance with the requirements of Section 10.02.04 of this code. 68 Text underlined is new text to be added Text strikethrough is current text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Ross Gochenaur DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC 4: and 10: LDC SECTION: Sections 4,03,03 and 10,02.01 - 10.02,04 LDC SUPPLEMENT #: Original LDC re-codification (04-41) CHANGE: Various portions of the Code dealing with platting policies, procedures and submittal requirements have been altered or deleted. REASON: The LDC was previously amended to eliminate mandatory Preliminary Subdivision Plats (PSP) and allow applicants the option of submitting only the Final Subdivision Plat (FSP), The intent was to combine the PSP and FSP reviews, but the previous amendment failed to specify policies, procedures and submittal requirements for accomplishing this. The current amendment rectifies that oversight, and also deletes language referring to development orders which no longer exist (e.g" major and minor site development plans). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:15 p.m. This version was created on November 22, 2004 at Amend the LDC as follows: 4.03.03 Exemptions * * * * * * * * * * * * * B, }.. minor subdiYisioB, as defined in Chapter 1, for single family detached 69 Text underlined is new text to be added Text strikethraagh is eaTrent text to be deleted and duplex residential developmeBt shall be exempt from the requirements and procedures for preliminary suhdivisioB plats; pro'.'ided, however, nothing contained herein shall exempt such minor suhdi'/isioB from the requirements and procedures for improvement pIons and final subdivision plats, and v/here required subdivision improvements are contemplated, the posting of subdp/ision performance security. No building permits shall be issued prior to recordation of the final subdivision plat. C. .^~ minor subdivision, as defined in Chapter 1 for multi family residential development and all nonresidential developmeBt shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, hOVleyer, nothing contained herein shall cxempt such minor suhdivision from the requirements and procedures for design requirements for aecess under section 1.01.00, water management plans under Chapter 6, final subdivision plats under the procedures set forth in Chapter 10, and site developmcBt plans under procedures set forth in Chapter 10, and where required suhdivision improvements are contemplated, the posting of subdivision performance security. No building permits shall be issued prior to recordation of the final subdivision plat. D. An integrated phased development, as defined in Chapter 1 and which has been prc'liously approved in accordance '.'lith procedures set forth in Chapter 10, shall be eKempt from the requirements, standards and procedures for preliminary subdivision plats (Chapter 10) and improvement plans (Chapter 10); pro'/ided, however, nothing contained herein shall exempt such integrated phased development from the requirements and procedures for design requirements for access under section 1.01.00, '.vute! management plans under Chapter 6, final subdivision plats and subdivision performance security under Chapter 10, and major site development plans under Chapter 10. No building permits shall be issued prior to recordation of the final subdivision plat. These provisions shall not require that the interior access within an integrated phased development be different from the conditions in Chapter 10 applicable to site development plans. * * * * * * * * * * * * * 10.02.01 Pre-Application Conference Required A. Subdivision review procedures, 1, Preapplication conference, Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance, The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. 70 Text underlined is new text to be added Text strikethrsagh is l:arrent text to be deleted a. Preapplication. A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: * * * * * * * * * * * * * b. Issues of discussion. Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: * * * * * * * * * * * * * IV. Application contents. In conformance with the requirements of this section, the County Manager or his designee shall establish the contents of the preliminary or final subdivision plat required to be submitted for the proposed development. This shall include descriptions of the types of reports and drawings required, the general form which the preliminary or final subdivision plat shall take, and the information which shall be contained within the preliminary or final subdivision plat and supporting documentation, v. Application copies and fees, The County Manager or his designee shall identify the number of copies of the preliminary or final subdivision plat application that are required to be submitted for the proposed development, along with the amount of the fees needed to defray the cost of processing the application. * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * * B. Subdivision exemptions. Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or his designee. After a determination of completeness, the County Manager or his designee shall approve, approve with conditions or disapprove the request for exemption based on the terms of the applicable exemptions, To the extent indicated, the following shall be exempt from the applicability of this section. * * * * * * * * * * * * * 2. .\1inor subdivisions for single family detached and duplex residential development. f.. 71 Text underlined is new text to be added Text strili:ethrsllgh is ellrrent text to be deleted minor subdivision, as defined in article 6, for single family detached and duplex residential deYelopment shall be cxempt from the requirements and procedures for preliminary subdiyision plats; provided, however, nothing contained hercin shall 0)cempt such minor subdiYision from the requirements and procedures for improvement plans and final subdi'/ision plats, and where required subdivision improvements are contemplated, the posting of subdi'lisien performancc security. No building permits shall be issued prior to recordation of the final subdivision t**- 3. },1inor subdivisions for multifamily residenti31 and nonresidential de'.'elopment. "^... minor subdi'/isien, as defined in article 6, for multiple family residential develepment and all nonresidential develepment shall be exempt from the requirements and procedures for preliminary subdivisien plats and improvcment plans; provided, hO'.llever, nothing contained herein shall exempt such minor subdiyision from the requirements and procedures for design requirements for aeeess rmder the Collier County Construction Standards Manual, '.liater management plans under the Collier County Construction Standards Manual, final subdiyisien plats under sections 10.02,01 and 10.02,05, and site develepment plans under section 10.02.03, and where required subdiyision improvcments are contcmplated, the posting of subdivision pcrformance security, No building permits shall be issued prior to recordation of the final subdivision plat. 1. Integrated ph3sed developments, f...n integrated phased development, as defincd in section 1,08.00 and which has been previously approved in accordance '.vith section 10.02.01 .^....5., shall be exempt from the requirements, standards and procedures for preliminary subdivision plats (section 10.02.01) and impro'lement plans (section 10.02,05 E.); pro'/ided, ho'.l.'ever, nothing contained herein shall exempt such integrated phased development from the requirements and procedures for design requirements for aeeess according to thc Collier County Construction Standards Manual, water management plans according to the Collier County Construction Standards Manual, final subdivisien plats and subdplisioB performancc security under sections 10.02.01 and 10.02.05, and major site deyelepment plans under section 10,02.03. No building permits shall be issued prior to recordation of the final subdiyisien plat. These pro'.'isions shall not require that the interior aeeess within an integrated phased development be different from the conditions in section 10.02,03 applicable to site deyclopmcnt plaDs. * * * * * * * * * * * * * 10.02.03 Submittal Requirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate 72 Text underlined is new text to be added Text strikethreugh is current text to be deleted land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a. Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development), b, Townhouses developed on fee simple lots under individual ownership. provided that a fee-simple townhouse plat is approved in accordance with the provisions of section 10,02,04,B.4 tr.c. Underground construction; utilities, communications and similar underground construction type activities. e-:-d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. G:e. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5,04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04,04. f.g" Project entryway signs, walls, gates and guardhouses. g-:h, Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. 73 Text underlined is new text to be added Text strikethrough is current text to be deleted 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. * * * * * * * * * * * * * 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 1. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor, Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development, Provisions shall be made for placement of all utilities underground, where possible, Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: * * * * * * * * * * * * * t. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. Such illustrations shall show a typical dwelling snit meeting required setbaeks for a typical lot. For fee-simple residential lots, the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot (example: Lots 1-20, single-family attached (patio home), and show a typical unit on tvpical interior and comer lots, depicting setbacks (including preserve setbacks. if applicable) and/or separation of structures, Also for fee simple residential lots, the illustration shall portray the location of typical units on atvoical lots (such as cul-de-sac. hammerhead and all irregular lots), For non- residential lots (e,g., multi-family amenity lots or parcels, commercial/industrial lots). the illustration shall portray setbacks & building envelope, Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. 74 Text underlined is new text to be added Text strilrcthr9ugh is current text to be deleted Where more than one type of dwelling unit (e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lat areas and lat dimensions may be shovm on a legend as opposed to a notation on each lot. A table shall be provided showing lot area and lot width for each irregular lot~ regular comer and interior lots may show only typical width and area. * * * * * * * * * * * * * 4. Effect and limitation of approval of preliminary subdivision plat. a. Precondition for improvement pt&ns and final subdivision plat. Only after approval of the preliminary subdivision plat shall the applieant be entitled to submit to the county the improvement plans and final subdivision plat as required by this section. No improvement plans or final subdivision plat shall be accepted for re',iew unless the preliminary subdivision plat has been approved and remains valid and in effect. B-:-a. No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat, and the county shall not be estopped to subsequently deny approval of the improvement plans and final subdivision plat based on changes in federal, state or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or desirability of the preliminary subdivision plat, nor shall the county be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. &.-b. Time limitations. Refer to the provisions of 10.02.05 A. d. Relationship fa site de'lelopment plans. .^Jlything contained elsewhere in this Code to the contrary notwithstanding, no major final or minor site develepment plan may be accepted for concurrent revievl' 'Nith a preliminary subdivisiaB plat, hov/ever approval shall be withheld until the preliminary subdivision plat is approved except where no preliminary subdivision plat is required under a minor subdivision, Further, no final site developmcnt plan (',vhether minor or final) shall be approved prior to appro',al of the final plat by the board of commissioners, however, no building permit will be issued until the plat is recorded, meccpt for dcyclapment amenities such as club houses, s'.vimming pools, guard houses and the like, upon approval of the plat by the board of county commissioners and pursuant to submission of a site development plan, or a temporary use permit as may be permitted by 5,01,01 of this Code, 75 Text underlined is new text to be added Text stril.ethrough is current text to be deleted ~. Relationship to zoning and planned unit developments. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision; provided, however, the zoning or planned unit development application and the preliminary subdivision plat may be processed concurrently at the written request of the applicant to the County Manager or his designee. fd. Approval of improvement plans and final subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof. Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E. and 10.02.04 B.3. shall be the subject of a preliminary work authorization as set forth herein. A preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. * * * * * * * * * * * * * B. Final plat requirements. * * * * * * * * * * * * * 4. Final subdivision plat submission requirements. The submittal of final plats for which no preliminary subdivision plat is contemplated must include, apart from the final plat and/or improvement plans, that information required for review of preliminary subdivision plats in accordance with Section 10.02,04 A.2. For only those final plats incoroorating townhouse development on fee simple lots, the following additional information, prepared by a registered engineer (and landscape architect for landscape plan). must be provided either separately or in coniunction with the information required by Section 10.02.04 A.2.: a. Landscape plans, signed and sealed, in accordance with Section 10.02.03.B.1.c b. Zoning data as follows, prepared on maximum size sheets measuring 24 inches by 36 inches. drawn to scale: 1. A coversheet which includes: a) The name ofthe development. 76 Text underlined is new text to be added Text strikethr8Hgh is eHFFent text to be deleted b) The zoning district, and PUD name and ordinance number, if applicable. c) A legal description of the property, both prior to, and after, subdivision. d) The name, address and phone number of the agent preparing the plat, and the name, address, and phone number of the property owner. e) A vicinity map, clearly identifying the location of the development. 11, A site plan, providing the following information in table format: a) Total site acreage, b) Total square footage of impervious area (including all parking areas, drive aisles, and internal streets) and its percentage of the total site area, c) Total number of units. units per acre, and a unit breakdown bv square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. d) All required and provided setbacks and separation between principal and accessory structures. e) Maximum building height allowed by zoning district and height proposed. f) Zoning and land use of the subiect property and adiacent properties, including properties abutting an adjacent right-of-way or right-of-way easement. g) A parking summary, showing number of spaces required, and number of spaces provided, h) Preserve area required and provided. i) Illustrative information (drawing) accurately depicting the following: 1) Name and alignment of existing/proposed rights-of-way of all streets bordering the development; the location of all existing driveways or access points of the opposite sides of all streets bordering the development; and the location of all traffic calming devices, 77 Text underlined is new text to be added Text strikethreugh is current text to be deleted 2) Location and configuration of all development Ingress and egress points. 3) Location and arrangements of all proposed principal and accessory structures, 4) Name and alignment of existing/proposed rights-of-way for all internal streets and alleys. 5) Directional movement of internal vehicular traffic and its separation from pedestrian traffic. 6) Location of emergency access lanes, fire hydrants and fire lanes 7) Location of all handicapped parking spaces. 8) Location of trash enclosures or compactors, if applicable, 9) Location and proposed heights of proposed walls or fences. 10) Location of sidewalks and pathways. designed in accordance with Section 1 0.02.03,B.l.i. xiii. 11) Location of sidewalk parking in accordance with Section. 10.02.03.B.l.i.xv. 12) Location of all required preserves with area in square feet. 13) Any additional relevant information as may be required by the County Manager or his designee. 5. Contents and Substance of Final Subdivision Plat. The final plat itself must shall be drawn on only standard size 24-inch by 36-inch sheets of mylar or other approved material in conformance with F.S, ch, 177, The final plat shall be prepared by a land surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than one inch equals 100 feet. The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform, at a minimum, to the following requirements: a, Name of subdivision. The plat shall have a title or name acceptable to the County Manager or his designee. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision, it shall carry the same name as the existing subdivision and 78 Text underlined is new text to be added Text striketllrl'lUgh is euneBt text to be deleted * as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the name of the subdivision is not consistent with the name utilized for any zoning action for the subject property, a general note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. b, Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision. The subtitle shall include the name ofthe county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or the like. * * * * * * * * * * * * 10.02.04. C Relationship of Plats to Site Development Plans No site development plan may be accepted for concurrent review with a preliminary subdivision plat. Once the preliminary subdivision plat has been approved. site development plans may be submitted for review concurrent with the submittal of the final plat. No site development plan may be approved until the final plat receives administrative approval. and no building permits may be issued until the final plat is recorded, except for those development amenities which are excluded from the provisions of Section 10.01.01 in accordance with Section 1O,02.03.A.2. Where no preliminary subdivision plat is contemplated, one (1) Site Development Plan may be submitted for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. Approval of the SDP will be withheld until the final plat has received administrative approval. and no building permits may be issued until the final plat has been recorded. 79 Text underlined is new text to be added Text strikethrough is current text to be deleted LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Michelle Arnold DEPARTMENT: Code Enforcement AMENDMENT CYCLE # OR DATE: Cycle 2,2005 LDC PAGE: LDC4:77 LDC SECTION: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use LDC SUPPLEMENT #: 1 CHANGE: Inclusion of approved stabilized surface types for designated parking areas associated with residential use. REASON: Approved stabilized surface types for designated parking areas associated with residential use were omitted in the adoption of 04-41. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Last Revision Date 7/22/05 Amend the LDC as follows: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use All automobile parking or storage of automobiles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located. The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic grid 80 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted stabilization system covered by pervious or imperviously treated surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designed designated for the parking of automobiles. The designated parking area wftieh may not comprise an area greater than forty (40%) percent of any required front yard,; which~ nonetheless~ may not serve to limit a driveway to a width of less than twenty (20) feet. All parked automobiles shall utilize only the designated pervious or impervious surface parking areas of the lot. B. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to stabilized pervious or imperviously treated surface areas made of concrete, crushed stone, asphalt. pavers or turf parking systems specifically designated for the parking of automobiles. The designated parking area shall \vhich may not comprise an area greater than fifty (50%) percent of any required front yard,~ except that this shall which, nonetheless will not serve to limit a driveway to a width te of less than twenty (20) feet,.:. aa4--a Separate driveway~ may be provided on each side of the two-family structure.,..but. in no case, shall the combined area of both driveways and any other designated parking areas exceed fifty (50) percent of any required front yard. C. Multi-family (i.e. three (3) or more) dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to pervious or imperviously treated stabilized surface areas made of concrete, crushed stone, asphalt, pavers or turf parking svstems designated for the parking and storing of automobiles. Pervious or imperviously treated surface aAreas designated for the parking of automobiles shall not exceed a ratio of two and one-half (2:1/2) automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. D. Where multi-family structures consist of single-family attached (i.e. row houses) dwelling units each with its own driveway to a common access-way, public or private street, all parking of automobiles shall be limited to the driveway and or garage combination. E. Automobiles parked and/or stored in connection with residential dwelling units~ as described above~ shall be owned by the occupants of the dwelling unit or units~ unless the vehicle is owned by a firm, corporation or entity for which a dwelling unit occupant is employed. This provision shall not be construed to apply to automobile vehicles owned by persons or business firms at the site for social or business purposes. F. No other portion of a front yard may be used to park or store automobiles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 81 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005- Cycle 2 LDC PAGE: 4:97 LDCIUDC SECTION: LDC section 4.06.02. Table 2.4. LDC SUPPLEMENT #: TBD CHANGE: To clarify Type "A" and Type "B" Buffer within PUD's. REASON: Flexibility should be allowed in Type A and Type B landscape buffers for residential PUD'S that have lakes that occur between single family and multi-family developments. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTES: Amend the LDC as follows: 4.06.02.C.l Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When an Alternative A buffer is located within a residential PUD and adiacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. 82 Text underlined is new text to be added Text stril,ethroagh is earrent text to Be deleted 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Alternative B buffer is located within a residential PUD and adiacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adiacent lake exceeds 1500 feet in width the hedge planting shall not be required. 3. Alternative c: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six- foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. b. A continuous three gallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 4.06.05 CA. 83 Text underlined is new text to be added Text strikethroagh is earrent text to Be deleted c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three gallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. d. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. 84 Text underlined is new text to be added Text strillethroagh is earrent text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 - Cycle 2 LDC PAGE: 4:112 LDCIUDC SECTION: LDC section 4.06.05.c.7. LDC SUPPLEMENT #: TBD CHANGE: To clarify this section ofthe code and limit the use of synthetic (man made) turf. REASON: The use of synthetic turf systems has detrimental impacts on the landscape. The compacted base and synthetic cover creates impervious areas, increases heat gain, eliminates on-site water quality treatment of storm water runoff, and has the potential to severely increase peak flow runoff. Natural turf benefits our environment by producing oxygen, absorbing pollutants, and recharging aquifers. Synthetic turf systems do not provide these benefits. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Other communities prohibit the use of man made (synthetic) turf products due to water management, aesthetic, and environmental issues. Amend the LDC as follows: 4.06.05 C. 7. La'.vn grass. Grassed areas shall be planted vv'ith species normally gro',vn in permanent lavms common to the Collier County area. Grassed areas may be sodded, plugged, sprigged, or seeded provided solid sod shall be used in swales or other areas subject to erosion and provided further, in areas ',vhere other than solid sod or grass seed is used, nUfsegrass seed shall be sown for immediate ground coverage until permanent coverage is achieved. The use of drought tolerant species is advised. 85 Text underlined is new text to be added Text stril,ethroagh is earrent text to Be deleted Lawn grass. Grassed lawn areas shall be planted with turf grass species normallv grown for use as permanent lawns in Collier County. Lawns shall be planted using turf grass sod. plugs, sprigs, or seed installation methods. All water management areas and slopes steeper than 6:1 (6 horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area. Water run-off shall be contained on site for any recreation areas containing synthetic turf. 86 Text underlined is new text to be added Text strikethrllugh is earrent text to Be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005- Cycle 2 LDC PAGE: 4:112 LDC/UDC SECTION: LDC section 4.06.05.1. LDCSUPPLEMENT#: TBD CHANGE: To require specific landscape techniques and engineering standards based on slope conditions. REASON: The LDc does not link slope conditions with appropriate landscape treatments and engineering standards. The current trend in compact site development often requires the use of steep slopes. Flexibility is needed when steep slopes are used with appropriate engineering safe guards and landscape techniques to address health, safety, welfare, and aesthetic issues. FISCAL & OPERATIONAL IMP ACTS: There will be additional costs for the landscape and engineering treatments required by this regulation however additional development will be possible through the proper use of steeper slopes. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.05. 1. Landscape berms. All perimeter landscape berms over two feet in height shall meet or exceed the minimum standards as set forth herein. All grassed berms shall have side slopes no greater than four to one. Berms planted '.vith ground cover and landscaping shall have side slopes no greater than three to one. The toe of the slope shall be set back a minimum of five feet from the edge of all right of 'Nay and property lines. Existing native vegetation shall be incorporated into the berms \vith all slopes fully stabilized and landscapod with trees, sh..-ubs, and ground co';er. Landscape berms shall not be placed 87 Text underlined is new text to be added Text stril,ethrough is eurrent text to be deleted v/ithin easements \vithout written approval from all entities claiming an interest under said easement. &: Landscape bcrms located adjacent to Interstate 75 right of \vay (I 75). Berms located adjaccnt to 175 right of'.vay may have a maximum slope of2:1. Such berms shall be planted with native ground COTler over a erosion control fabric, and native trees placed at 25 feet on center, equal in height to the height of the berm and located within a minimum ten foot wide level planting area. 1. Treatment of Slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Chart 4.06.05.1. and Slope Cross Sections 4.06.05.1. 88 Text underlined is new text to be added Text striketlu9agh is earrent text t9 Be deleted . - . it) o . 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Slopes adiacent to required preserve areas shall be planted with 100% Florida native species, shall provide swales to direct water flow away from preserves, and meet set backs as required by section 3.05.07.H.3. of this code. b. Perimeter water management walls shall not exceed 3 feet in height and shall be set back from property lines a minimum of 2 feet. In addition when water management walls are located in landscape buffers the walls shall be consistent with section 4.06.02.D of this code. All water management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4 below. c. Water management areas with continuous vertical walls exceeding 20 feet in lem...rth and/or open vaults are prohibited. d. Vertical Retaining Wall requirements and standards do not apply to headwalls or bridge abutments. e. Architectural finish requires color, texture, and materials that are in common with those used on surrounding structures. Exposed concrete walls are prohibited. Natural appearance requires color, texture, and materials that mimic or occur in nature. 90 Text underlined is new text to be added Text strikethrough is ellrrent text to be deleted Slope Cross-Sections 4.06.05.1. LEXISTING _ _ ___ _ ___ ___ _._CROUND PERIMETER BERM ALTERNATIVE" />:' w.,l,L .I!Ilm: fACE Of' CABION sHAlL BE PlJ,NfEO TO PROVIDE 80" OPAC/lY WITHIN ONE .'(tAR, IF FM:r. IS NOT Pl}l.fIlYED, GA.BION SH1.U-. BE SET 8~CIC 2' IdtH, fROt.A PROPER'TY LINE.. ;'"'51". -L _GROUND PLANTING: ""Ell PERIMETER BERM ALTERNATIVE "B" N.T.I.. /PI.ANT1NG I ""EA PERIMETER BERM ALTERNATIVE "r: 5' 5' 10:1(~.) 10:1 (MAX.) I ------------t------------ PERIMETER BERM ALTERNATIVE "0" H.l.i. 91 Text underlined is new text to be added Text strikethrough is eurrent text to Be deleted JEXISTING GROUND - - FIGURE # 1 N."T.S. FIGURE #2 N.T.S. /EX1STlNG -L _GROUND FIGURE #3 N..T.S. h _jJ RETAINING~EXJSTING WALL GROUND -- - FIGURE #4 - PERIMETER WATER MANAGEMENT WALL N.T.S. SLOPE TREATMENTS N,T.S. 92 Text underlined is new text to be added Text strillethraugh is eurrent text to be deleted LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: David Weeks DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:120 LDC SECTION: 4.07,02 LDC SUPPLEMENT #: Supplement 1 CHANGE: Provide for additional circumstances where there is no minimum size requirement for a PUD; clarify which urban fringe area is subject to no minimum PUD size requirement; clarify PUD size requirement for portion of PUD separated by intervening street; and, define "infill parcels" that are subject to the two acre minimum size requirement. REASON: Some provisions in the Future Land Use Element (FLUE), Golden Gate Area Master Plan (GGAMP), and Immokalee Area Master Plan encourage PUD zoning andlor contain criteria that are more easily implemented through rezoning to the PUD zoning district. Some properties that could implement these GMP provisions are less than ten acres in size. Also, the neighborhood centers are similar to activity centers in that they allow a variety of commercial development and mixture of uses. One PUD rezone has been approved for property less than ten acres, located in a GGAMP neighborhood center. The Urban Coastal Fringe Subdistrict in the FLUE specifically encourages PUD zoning; however, the Urban Residential Fringe Subdistrict does not. There is no compelling reason to allow PUDs less than ten acres in size within the Urban Residential Fringe Subdistrict. There is no definition of "infill parcels" in the LDc or GMP. The proposed definition reflects past implementation of that term via PUD rezone approvals. Most "infill" properties rezoned to PUD utilized the Residential Infill density bonus provided in the FLUE, or were located within a Subdistrict in the FLUE or GGAMP with the word "Infill" in the title. However, at least one property was rezoned under neither of those scenarios but was adjacent to development on both sides. The proposed definition does not include reference to the Residential Infill density bonus, as deletion of that provision is included in the pending EAR (Evaluation and Appraisal Report)- based GMP amendments. 93 Text underlined is new text to be added Text strillethroagh is ellrrent text tEl be deleted This section presently provides that a portion of a PUD separated by street right-of-way has a five-acre minimum size requirement; however, it also allows an entire PUD to either have a two- acre minimum size or no size requirement at all. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County or the public. Petitioners pursuing PUD rezones allowed by this amendment are subject to payment of petition fees intended to cover the costs incurred by the County for the process and review of those petitions. RELATED CODES OR REGULATIONS: Future Land Use Element, Golden Gate Area Master Plan Element, and Immokalee Area Master Plan Element of the Growth Management Plan. GROWTH MANAGEMENT PLAN IMPACT: Approval of this amendment will help to facilitate the rezone of property to implement development provisions contained in the GMP. OTHER NOTESNERSION DATE: This version created on July 25, 2005. Amend the LDC as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS * * * * * * * * * * * * * 4.07.02 Design Requirements * * * * * * * * * * * * * A. Minimum area. 1. The minimum area required for a PUD shall be ten (10) contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban coastal fringe areas as designated on the future land use map of the GMP, or when located within a neighborhood center as designated on the golden gate area master plan future land use map or Immokalee area master plan future land use map of the GMP, or when implementing the residential mixed use neighborhood subdistrict or the commercial mixed use subdistrict in the future land use element of the GMP, where no minimum acreage requirements must be met. 2. For infill parcels, as defined in Chapter I and the GMP, the minimum area required for a PUD shall be two (2) contiguous acres, For purposes of the planned unit development district only, the term "infill parcels" shall refer to property implementing any of the infill subdistricts identified in the future land use element or golden gate area master plan element of the GMP. or property sharing at least two common boundaries with parcels that are developed. 94 Text underlined is new text to be added Text stril.ethraugh is eurrent text to Be deleted 3. For a PUD subiect to the minimum area requirement often (0) contiguous acres, an exception shall be made for properties separated by either an intervening planned or developed public street ri2ht-of-way; provided, however, no portion of such separated properties shall be less than five (5) acres. For infill parcels, an exception shall be made for properties separated bv either an intervening planned or developed public street ri2ht-of-way. For a PUD with no minimum area requirement, as identified in section 4.07.02.A.1.. that PUD may include properties separated by either an intervening planned or developed public street ri2ht-of-way. 95 Text underlined is new text to be added Text strikethrougH is eurrent text te be deleted LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn R.A. A.I.A.,Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDc5 :49 LDC SECTION: 5.05,08.C.13.c.i LDC SUPPLEMENT #: Supplement 2 CHANGE: delete one word "reflective" REASON: Misunderstanding clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on November 10, 2004, revised on 080805. Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building Design Standards * * * * * * * * * * * * 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. 96 Text underlined is new text to be added Text strikethrough is eurrent text te be deleted b. Exterior building colors. The use of solid black, gray, florescent, primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area, except that naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. c. Exterior building materials (excluding roofs). The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or reflective metal panels, and ii. Smooth concrete block. d. N eon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. 97 Text underlined is new text to be added Text stril.ethrough is eurrent text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehorn R.A. A.I.A.,Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDc5:58 LDC SECTION: 5.05.08.E,2.f. LDC SUPPLEMENT #: CHANGE: Sidewalk width from six feet to five feet. REASON: Match LDc 6.06.02 and ADA requirements FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on November 10, 2004 and revised on 080905. Amend the LDC as follows: Section 5.05.08 Architectural and Site Design Standards E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code. * * * * * * * * * * * * * 2. Pedestrian pathways. a. Purpose and intent. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the building or project which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. 98 Text underlined is new text to be added Text stril,ethrough is eurrent text to be deleted The on-site pedestrian system must provide adequate directness, continuity, street and drive aisle crossings, visible interest and security as defined by the standards in this Section. b. Pedestrian access standards. Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while traveling from the parking space to building entries and from building entries to outparcels and to pathways along adjacent roadways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions. Pedestrian pathways must be a minimum of s* five feet wide. e. Materials. Pedestrian pathways must be consistent with the provisions of Section 4.5 of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete, or stamped pattern concrete. f. Building perimeter path. A minimum 6 feet ','(ide 5 feet wide building perimeter path is required as specified below: i, A continuous building perimeter path interconnecting all entrances and exits of a building is required. Emergency "exits-only" are excluded. 11. If parking area is proposed along the building facade within 15 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building. g. Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossings. Uncontrolled crossings must be high visibility longitudinal lines as shown in the Florida Department of Transportation Roadway and Traffic Design Standards. h. Shade and site amenities. 1. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in length at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The required shade trees must be located no more than ten feet from edge of the sidewalk. 11. Development plans must include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation, Site amenities may include bike racks (as required by Section 4.05.08 of this Code), drinking fountains, canopies and benches. 99 Text underlined is new text to be added Text striltethraugh is eurrent text to be deleted LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDc5:108-109 LDC SECTION: Amend 5.06.04 LDC SUPPLEMENT #: Supplement 2 CHANGE: Adding specifications for pole covering and landscaping of ground signs. Also cross referencing standards for Collier County lands sign permitted under section 2.01.02 of this code. REASON: Clarifying ground sign specifications. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: None Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. 100 Text underlined is new text to be added Text strillethroagh is Earrent text te be deleted Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06,05 H. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors andlor materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDc. f. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219,9 feet for corner lots or parcels: a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; 101 Text underlined is new text to be added Text strilletkroagh is earrent text to be deleted d) The ground sign may be double-sided but cannot be placed in a V -shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. 1) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for comer lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots or parcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and The maximum allowable sign area is 16 square feet. g. Ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building to which the sign is appurtenant. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code. Development of sign planting area landscaping shall be pursuant to Section 4.06.03 A. ofthis Code. * * * * * * * * * 11. Conservation Collier signs. In addition to other signs allowed by this code, lands acquired for the Conservation Collier Program shall be allowed to have one ground sign having a maximum height of 8 feet and a maximum sign area of 32 square feet to identify the main preserve entrance, This sign shall require a permit and shall be allowed if there is no principle structure on the property. 102 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted l-h-12. Temporary signs. The erection of any temporary shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. * * * * * * * * * * * * d. "Coming soon signs". A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of temporary use permit a building permit or until the issuance of a permit for the permanent sign, whichever occurs first. A temporary use permit will not be issued until a building permit for the principal structure is applied for. The non- refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. * * * * * * * * * 103 Text underlined is new text to be added Text strikethreagh is tarrent text to be deleted LDC Amendment Request ORIGIN: CDES/Transportation Staff AUTHOR: Russ Muller, Nick Casalanguida & Patrick White DEP ARTMENT: CDES Transportation Engineering Review-Transportation Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDc6:25 LDC SECTION: 6.06.03 LDC SUPPLEMENT #: Supplement 1 CHANGE Add requirement for full cut-off lighting fixtures, remove footcandle reference for internal intersections and clarify entry lighting measurements REASON: Full cut-off fixtures are proposed to be added to reduce glare and sky glow concerns. Other changes are to clarify industry standard lighting measurements, specifically provide for regulations at access/entry points to developments. FISCAL & OPERATIONAL IMPACTS: The proper use of roadway lighting as an operative tool provides economic and social benefits to the public including: 1. Reduction in number and severity of night-time accidents, attendant human misery, and economic loss 2. Aid to police protection and security. 3. Facilitate traffic flow. 4. Promote business and public facilities during night hours RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version created on July 1,2005. Amend the LDC as follows: 6.06.03 Streetlights A. Streetlights shall be designed and installed utilizing the IES standards for each street, intersection at required intervals along each street not to exceed 100 feet and at the end of each cul-de-sac:. and may be required at intervals along euch street. Such lights may be required on interior streets, alleys, boundary streets, 104 Text underlined is new text to be added Text stril,ethroagh is earrent text to be deleted aecess paths and the like. The IES standards for this street lighting are~ (per IESNA RP 8.00fi,except as below: 1. .\ minimum of 1.1 foot candles at the center of each internal project intersection is required. 2, A minimum of 1.1 foot candles along internal roadways is recommended but not required. B. At the entry/exit of any subdivision located on a public County collector or arterial street, the following additional standards shall apply: 1. At the points where the edges of pavement of the entrance road meet the intersecting right-of-way line, the illumination level shall be at or between, a minimum of2.0 foot candles and maximum of 5.0 foot candles. 2. .^..t the centerline of the entrance road and a minimum of right afway line, the illumination le'iel shall be a minimum of 3.5 foot candles. A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right-of-way. C. All light le'icls shall be measured at a minimum of approximately four (1) feet above the pavement on a moonless night. All sidewalks not directly lighted by street lighting that interconnect developments must be lighted to pedestrian level standards per IESNA RP-8-00. D. Wherever, in the opinion of the County Manager or designee, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required, E. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. F. Streetlights shall be designed and installed in either of two (2) ways: 1, Where streetlights are to be installed on private streets, the developer, through an electrical engineer registered in the State of Florida, shall design and install the street lighting system subject to the approval of the County Manager or designee. Upon completion of the streetlights, they shall be owned, operated, and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. 105 Text underlined is new text to be added Text strikethrough is current text to be deleted 2. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taxing unit in coordination with the County Manager or designee in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the Bee, the County Manager or designee shall authorize the public utility to design, install, and maintain the street lighting system at no cost to the County's general fund. If no municipal services benefit or taxing unit is created for public streets, the provision of this section shall govern the design, construction, and maintenance of streetlights. 106 Text underlined is new text to be added Text strillethroagh is earrent text to be deleted LDC Amendment Request ORIGIN: BCC Directed AUTHOR: Marjorie M. Student-Stirling DEP ARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDCPAGE: LDC9:11 LDC SECTION: 9.04.02 LDC SUPPLEMENT #: Supplement 1 CHANGE: Establishing a variance to allow some removal of limp acts to protected mangrove stands in Plantation Island Subdivision Units One Two and Three to allow limited development pursuant to Agreement {s 380..032(3)} between the Bee and the Florida Department of Community Affairs. REASON: To avoid a takings claim. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 9.04.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: June 15,2005 Amend the LDC as follows: 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area and size of structure; height of fence; size of yards and open space; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of and minimum setback for signs; minimum requirements for off- street parking facilities; and for site alterations, regardless of predevelopment vegetation, on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation Island Unit Three Subdivision (unrecorded.) * * * * * * * * * * * * 107 Text underlined is new text to be added Text strikethroll.gh is earrent text to be deleted B. Variances for site alterations, regardless of predevelopment vegetation, on lots within the Plantation Island Unit One, Unit Two and Unit Three subdivisions (unrecorded). 1. Pursuant to the & 380.032(3) Agreement between the Board of County Commissioners and the Department of Community Affairs dated April 26, 2005, regarding Plantation Island Subdivision within the Big Cypress Area of Critical State Concern, a variance from the requirement of Subsection 4.02.14 CA. of the Land Development Code shall be authorized for site alterations, including dredging and filling, of up to 2,500 square feet, regardless of predevelopment vegetation, on a group of adiacent lots under common ownership, including on a single lot if only one lot is owned, within Units One, Two and Three of the Plantation Island Subdivision (unrecorded) located in Section 29, Township 53 South, Range 29 East, in Collier County, Florida utilizing the procedure as set forth in Section 9.04.03 of the Land Development Code and where the proposed development is designed consistent with Big Cypress Critical Area regulations to have a minimum adverse impact on the critical area's water storage capacity, surface water and estuarine fisheries as authorized by Rule 28-25.01 L Florida Administrative Code. 108 Text underlined is new text to be added Text stril,etkroagk is earrent text to be deleted . 'mmJ A\ jP~'QIl9 .~ M.t".tI.OON . :z Iii . . . 8~ ~~l!l . ,Zl..W r.:.C::lC~ ~ o:t: 1:<< o. . ~~tz:. ~~ !-o t.:l!:li . '" ..; z:c:; <:IF: ~.... . S~Iii~ ~- ~ Si ~~ e~~ ~I >[{f; ."'" ti-:.~" , ~". .'... . Uf;i ~ Q; b...i5 . 0... 0:: I! "':::l ~~~/Il o~80 ~ z I-:l !7 Z Vlv( ~.....~- Ot:.!liiSa ~tz:lo::~ c::I 00( :- w3 i:Q" NOT PART OF AMENDMENT - FOR INFORMATION ONLY . ~ ~ 1 ~ .! . ~ d ~ . .1 :0 ~ .! Q", 8 'I! "" c"", ,.....:g = s ~ c3 ~~. . ~'.g ~ '~ 'Sa '. '" ~ :'EIi:. lJl, .' G::.:g,~~ i"2 . .!:&J 0 ~ ;;- " - t: r' :ii: . "c;1 ... ......g 1/1 -:, =-: 7 !'':R11- .g- o. -' ~ 1.)' ~~ il1~' ~ e.;s t:l :-.: t?so ..... .. 6 e 'Doc 1 tIle. Q:2 OJ a: ~~ r..-.r b; ~ ~ 8 ~ ~ l:=Q U sn Cl:: ~ ~ 0:: C::> Cf) "'" ~ N r'l .... GO In HI.'iH,tt..OON ll: ]QS ,.;~ 110:: GO z ?l Q .... ~ l! 5~ w. ~ FEW ~ U ~:it ;; r zi!: 15 " Lu.... In C j:Oz ~ r z~:;;vr t ~o:z~~ .~ ~S~....!!i~ O:~--W(j~ ~=>E~~~E <~F~"; F I-<So:lgts!ll . S12Z:i!:VllflS U:l ;~~~~~; ~ tflg:....Iii~1,) E-< 3: ~i& l.:lCllg~ .0 F CIl Z:~lJi:Z . . ' ;Z; .-!I'ltsffi~ilt.. fiJdSS:R: - ;O~ .~ ~il" ~ (H~)lS) 6"'P'$o-!;:o~5:Z;OOZ;\;o-s:!')zs:'z;c ,,:0 - ~ J m ~ ~ .g rl ~ I;> ~ 109 Text underlined is new text to be added Text strikethroagh is tllrrent text to be deleted N L. C 5 .E=: "8 , tt.:l .,' p::j '.:.~' .~ ~ ~ tt.:l '" '" I. e:! :6 2: I ~ ~ ll: ..., c <s I ~ a ~ ::l '" 8 ll. N 10 8 N " \!;! ~ ..... ;;$ 1-1:'0/"" N O:.......,Ov ::>-""N<.o o...rOI"}"lt" ul"")lOl oq 1 . o ~ !;f v ...lID t:t::_ I") o a:: ......"<t _"" u..oo> "'0 ~~~~N tIl .~t'.l.... lnw'-"~ o~z ~ D- O. ~ cO N~ifu.:w ~ Z f--l .0:::: LU u.J z: 1-1 t.:} z: L!...l id~ ~5 ~~ .~ c5 ;U ..._-~, LDC Amendment Reauest ORIGIN: CDES AUTHOR: Barbara Burgeson and Susan Mason DEP ARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC10:89 LDC SECTION: 10.02.06 D LDC SUPPLEMENT #: Supplement 1 CHANGE: Change from 10 to 25 years the time required for rezoning after clearing for agricultural use without requiring recreation of native vegetation to make consistent with the GMP. REASON: To have this Section of the LDC consistent with the GMP FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Growth Management Plan. GROWTH MANAGEMENT PLAN IMPACT: This change makes the LDC consistent with the GMP. OTHER NOTESNERSION DATE: Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits D. Agricultural land clearing. 1. Land clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statues, shall be required for all agricultural operations except as exempted by Sec. 10.02.06 D.1.f. of this Code. 110 Text underlined is new text to be added Text strikethrsugh is eurrent text to be deleted a. Application. An application for an agricultural clearing permit shall be submitted in the form established by the County Manager or his designee. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: 1. If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the County Manager or his designee. The ST or ACSC-ST permit review shall be in accordance with Collier County Land development Code Chapter 2, section 2.03.07 and may be simultaneously reviewed with the agricultural clearing permit application. 11. The application, including generalized vegetation inventory and clearing plan as outlined in section 10.02.06 C.2.a. and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. 111. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. IV. The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. v. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. VI. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code section 3.04.00. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. 111 Text underlined is new text to be added Text strikethreugh is eurreHt text to be deleted Vll. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee, stating that within two years from the date on which the agricultural clearing permit is approved by the County Manager or his designee, the ownerlagent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the tefl-year twenty-five year period required by viii. below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. viii. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee stating that the ownerlagent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of teE: twenty- five years from the date of approval of the agricultural clearing permit by the County Manager or his designee, unless for any such conversions in less than tefl twenty-five years, the converted land shall be restored with native vegetation to the degree required by this Code. 112 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment Request ORIGIN: Comprehensive Planning AUTHOR: David Weeks DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDCPAGE: LDC10:135 LDC SECTION: 10.02.13 LDC SUPPLEMENT #: Supplement 1 CHANGE: Correcting incorrect cite from re-codification. REASON: Above FISCAL & OPERATIONAL IMPACTS: NIA RELATED CODES OR REGULATIONS: NIA GROWTH MANAGEMENT PLAN IMP ACT: NI A OTHER NOTESNERSION DATE: June 15, 2005 Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures * * * * * * * * * * * E. Changes and amendments 1. Substantiallinsubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: * * * * * * * * * * * 113 Text underlined is new text to be added Text strikethrough is current text to be deleted k. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 1O.02,-l-2-. ~ 114 Text underlined is new text to be added Text strikethrsugh is eurrent text to be deleted LDC Amendment Request ORIGIN: Board directed AUTHOR: C. Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE #: Cycle 2, 2005 LDC PAGE: LDC10:114 LDC SECTION: LDC Section 10.03.05 LDC SUPPLEMENT #: Supplement 1 CHANGE: Extend the area of required public notification to property owners in areas not designated as urban on the Future Land Use Map (FLUM) from 1,000 linear feet to 1,500 linear feet for PUD rezoning extension, rezoning and conditional use applications for subject properties located outside of areas designates as urban on the FLUM. REASON: To increase the distance for required public notification for subject properties that are located within lands not designated urban on the FLUM. This particularly applies to areas designated estates and rural areas where, due to lot sizes that range from 5 acres to 2.5 acres to 1.1 acres, the current 1,000 linear foot range generates less property owners than could be desired. FISCAL & OPERATIONAL IMP ACTS: Dependent upon the location of property not designated urban on the FLUM in relation to areas designated, the list of property owners to be notified can be quite extensive. This will significantly increase stafftime devoted to this process; however, applicants responsible for mailing out notification letters could see a significant increase in postage fees and County fees for providing names and addresses of property owners within the notification range as plotted on the GIS system from the Property Assessor's database. RELATED CODES OR REGULATIONS: 10.03.05 A., B., D., E., and F. for rezonings, PUD rezoning extensions and conditional uses. This would not apply to variance petitions/applications; therefore, separate provisions need to be created to pull varIance notification requirements out of the notification requirements for rezonings, PUD rezomng extensions and conditional uses. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: July 25,2005, August 16,2005, August 24,2005. 115 Text underlined is new text to be added Text strikethraugh is eurrent text to be deleted Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board A. Notice and public hearing where proposed amendment would not change zoning classification of land. Ordinances or resolutions initiated by the board of county commissioners or its designee which do not actually change the official zoning atlas (the zoning designation applicable to a piece of property) but do affect the use of land, including, but not limited to, land development regulations as defined in F. S. S 163.3202, regardless of the percentage of the total land area ofthe county actually affected, shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners: 1. The planning commission shall hold one advertised public hearing on the proposed ordinance or resolution. No request for establishment or amendment of a regulation that affects the use of land may be considered by the planning commission until such time as notice of a public hearing on the proposed amendment has been given to the citizens of Collier County by publication of a notice of the hearing in a newspaper of general circulation in the county, at least 15 days in advance of the public hearing. 2. The board of county commissioners shall hold at least one advertised public hearings on the proposed ordinance or resolution. The regular enactment procedure for such ordinance or resolution shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend the ordinance or resolution if notice of intent to same is given at least 10 days prior to said meeting by publication in a newspaper of general circulation in the county. A copy of such notice shall be kept available for public inspection during regular business hours of the office of clerk to the board of county commissioners. The notice of proposed enactment shall state the date, time and place ofthe meeting, the title of the proposed ordinance or resolution, and the place or places within the county where such proposed ordinance or resolution may be inspected by the public, The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution. B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county 116 Text underlined is new text to be added Text strik-ethrough is current te~t to be deleted commISSiOners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the county manager or designee. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one- half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. 9. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. 10. For subiect properties not designated urban on the future land use map of the growth management plan, all of the foregoing provisions and notice requirements apply, except that written notification must be sent: to all property owners whose land lies within a 1.500 linear foot radius of the boundaries of the subiect property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. 10-11. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. !-l12. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD 117 Text underlined is new text to be added Text strikethreugb is eurrent text to be deleted amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. l2-13. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. 118 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Catherine Fabacher, Principal Planner, LDC DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC10:140 LDCIUDC SECTION: 10.03.05 B.8. LDC SUPPLEMENT #: Supplement 1 CHANGE: Change the time of the required notices to be mailed by the Department of Zoning & Land Development Review to property owners within 500 feet of subject property "no less than 21 days after receipt of a sufficient application" to "no less than 15 days after receipt after receipt of a sufficient application." REASON: The 21 day notice must often be mailed out prior to the publication of the legal advertisement in a newspaper of general circulation. Frequently, times and dates of meeting, agendas and notifications change between the mailing of notices and publication of the legal notice in the newspaper. To eliminate inconsistency between notices letters and legal ads, the required notification period for mail outs from the County is being changed to "no less than 15 days after receipt of sufficient application." In practice, the old 15 day notices were generally sent out 18 days after receipt. FISCAL & OPERATIONAL IMP ACTS: Implementation would eliminate notification errors to property owners and inconsistency between the notice letter and legal notice published in the paper RELATED CODES OR REGULATIONS: LDC Sections 10.03.05 E. (Public Participation requirements for rezonings, PUD amendments, conditional uses, variances and parking exemptions) GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 4:43 p.m. This version was created on September 23, 2005 at 119 Text underlined is new text to be added Text striltethrough is ellrrent text to be deleted Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions, * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county at least U 12 days in advance of the hearing. This notice shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. 120 Text underlined is new text to be added Text strikethrough is current text to be deleted LDC Amendment Request ORIGIN: Staff Request AUTHOR: Ray Bellows DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC10:175 LDC SECTION: Section 10.08.00 Conditional Use Procedures LDC SUPPLEMENT #: Supplement 1 CHANGE: Require notice of closed status of application for a conditional use by certified mail. REASON: Clarification of the notification process. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: July 20,2005 Amend the LDC as follows: Section 10.08.00 Conditional Use Procedures K. Conditional use application processing time. An application for a conditional use will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number, An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure, by certified mail. return receipt requested~ however, failure to notify by the county shall not eliminate the "closed" status of a 121 Text underlined is new text to be added Text stril.ethrough is el:lrrent text to be deleted petition. 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CI:I ..0 ~'s g S -0 ~ .~ = ~ 00 co '.0 I-< Q) "'0 00 Q) d CO~C"lrrl~Q) .g.................Q)......""8 ..... "'0 ,S 0 ~ S CI:I CIlQ) ..........oti ~;go= S<.t:: Q) CIl 'r.;l ~ 0 ~.....cOj)<.t::] E-- ';::j .g a c.::: --.;3 ..... Q) I-< rrl t:l ~ .g ..... .- .- >< >< LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEPARTMENT: Operational Support and Housing AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: CHANGE: Increase the limits of Affordable-Workforce Housing up to 150% of median income. REASON: BCC Direction to address housing affordability for higher incomes than traditionally assisted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was approved and recommended for approval by the DSAC and the Affordable Housing Commission. Created on January 24, 2006 (date) at 10:16am (time) Amend the LDC as follows: 1.08.02 Definitions Housing, affordable-worliforce: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets: Rental workforce housing less than 50 percent of median income otherwise considered to be "very-low income" . Rental workforce housing less than 51 percent--60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be "very-low income". Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be "low income", 123 Text underlined is new text to be added Text striltethrough is eurrent text to be deleted Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 81 percent--IOO percent of median income, otherwise considered to be "moderate income". Owner occupied workforce housing: 10 I percent--ISO percent of median income, otherwise considered to be "moderate income". The term affordable housing is specifically intended to include affordable-workforce housing. The term "affordable-workforce housing" is specifically intended to include similar categories, such as "Gap Housing", "Essential Personnel Housing", and "Reasonablv Priced Housing". 124 Text underlined is new text to be added Text strili:ethroagh is eurrent text to Be deleted Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 81 percent--100 percent of median income, otherwise considered to be "moderate income". The term affordable housing is specifically intended to include affordable-workforce housing. Housing, Gap: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adiusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subset: Owner occupied gap housing: 101 percent--150 percent of median income. The term "gap housing: 101 percent--150 percent of median income" is specifically intended to include similar categories, such as "Essential Personnel Housing", "Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to provide housing for households falling above the federal and state assistance guidelines, but still unable to afford market priced homes. 124a Text underlined is new text to be added Text strikethrough is earrent text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEPARTMENT: Operational Support and Housing AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC SECTION: 2.06.03 - AlIDB Rating System LDC SUPPLEMENT #: CHANGE: Provide the opportunity for a density bonus for Affordable-Workforce Housing up to 150% of median income. REASON: BCC Direction to address housing afford ability for higher incomes than traditionally assisted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on January 6, 2006 (date) at 9:40am (time) Amend the LDC as follows: Section 2.06.03 AHDB Rating System Table A. Affordable-Workforce Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) 125 Text underlined is new text to be added Text strillethroagh is earrent text to be deleted TABLE INSET: Percent of Development Designated as Affordable-Workforce Housing 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 150% 1 g ~ ~ 5 Q 6 Q 6 n/a MI* ** 80% MI* Income Level 42 2~ J~ 4Q 5Q eZ +~ 8 8 8 60% MI 2~ J~ 4Q 5Q e7 +8 8 8 8 8 50% MI J~ 4Q 5Q eZ +~ 8 8 8 8 8 *Owner-occupied only **May only be used in coniunction with at least 10% at or below 80%MI Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus In no event shall the maximum gross density allowed exceed 16 units per acre Text underlined is new text to be added 126 Text strikethroagh is earrent text to be deleted LDC Amendment ReQuest ORIGIN: Bee Direction AUTHOR: Z&LDR staff DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC2: 10 LDC SECTION: 2.03.01 Residential Zoning Districts LDC SUPPLEMENT #: Supplement 1 CHANGE: Staggered setbacks for adjacent legally nonconforming 75' wide lots in the Estates Zoning District. REASON: The Board has directed that staff create this staggered setback provision for the stated goals: 1) to provide emergency vehicle access to structures and 2) to ensure that homeowners have the capacity to park commercial and recreational vehicles in the rear yard of seventy-five (75) foot wide lots in the Estate Zoning District. FISCAL & OPERATIONAL IMPACTS: RELA TED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: The Restudy-based amendments included proposed policy 4.3.1, which read: "By 2005, the LDC will implement provisions to allow for staggered structural setback requirements for adjoining 75' wide lots, so as to allow parking of work vehicles, commercial vehicles and equipment in rear yards. Such provisions will also aid emergency vehicle access to the rear of structures. This policy was approved for Transmittal to DCA, without discussion. Concerns with GGAMP proposed policy language: The policy wasn't clear as to what was intended - were the lesser setbacks to be <75' or were the greater setbacks to be >75'7 Ifthe greater setbacks were to be >75', then there would be no LDCA necessary as the policy was for the LDC to "allow for staggered structural setbacks" - that is allowed right now, a property owner has no maximum front setback, up to the point where they reach the rear setback requirement. Second, with only 75' width and 7.5' side setbacks, that only leaves 60' of width in which to construct a residence AND allow access drive/path to the rear yard for vehicles -- just doesn't 127 Text underlined is new text to be added Text strikethrough is current text to be deleted seem to be enough width for both, given that most of the residences are elevated on fill to accommodate septic systems. Ifthere was mandatory intent as to staggered setbacks, which was not evident in the text, then would property owners want to be located closer to the street if it means <75', esp, on collectors or arterials, e.g. GG Blvd., Everglades Blvd., Randall Blvd., Immokalee Rd.? Traffic noise might be a concern, as well as general loss of privacy from the street; and, who decides which tract is to have the lesser and which the greater setback? As to GMP consistency, the lack of any policy or provision in the GGAMP regarding this setback provision is not an issue; that is, such an LDC provision would not be inconsistent with the GGAMP. With the exception of certain subdistricts, e.g. Neighborhood Centers, the GGAMP is silent to setback requirements and other development standards. OTHER NOTESNERSION DATE: Created on June 21, 2005. Staff has the following concerns. Emergency vehicles, solid waste vehicles and delivery trucks don't typically use private drives because residential concrete drives are designed for the load of personal vehicles only and not designed to support the weight of commercial and emergency vehicles. This is a liability for service providers because, if the concrete drive is cracked or broken, then the service provider, emergency or not, is liable for repair of the damage to the driveway. On the same note, staff advises that emergency vehicles typically do not go off road to answer emergency calls; therefore the staggering of front setbacks likely will not make a difference in access for emergency vehicles, since they will not drive over yards to access residences in the event of an emergency, Amend the LDC as follows: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses, Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the 128 Text underlined is new text to be added Text strikethrol:lgh is cWTent text to be deleted agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. 1. Minimum yard Requirements. See the Table in Chapter 2.07.00 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. the setback along the longer lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) GRAPHIC LINK: Click here b. Nonconforming Corner lots. Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) GRAPHIC LINK: Click here c. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge ofthe right-of-way. d. The Nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 129 Text underlined is new text to be added Ttmt strikethrough is current text to be deleted e. Legally nonconforminl! lots with a width of seventy-five (75) feet shall be required to stagger their front building setback line whenever they abut other seventy-five (75) foot-wide lots on either or both side property lines, based upon the following formula. i. If abutting 75-foot wide lots are vacant. then the first principal structure may be built to the permitted minimum front yard setback. If abuttinl! 75-foot wide lots have principal structures, then subsequent principal structures on abuttinl! lots shall be required to provide an additional fifteen (15) feet of front yard buildinl! setback to the minimum required front building setback. ii. If a vacant 75-foot wide lot abuts 75-foot wide lots with principal structures on both side property lines, then the front building setback for the infill structure shall be required to provide an addition fifteen (15) feet of setback from the front setback line of the principal structure located closest to the public rif:ht of way; but in no case shall it be less than ninety feet from the public right of way line. iii. Fencing of any type shall be prohibited on legally nonconforming lots with a width of seventy- five (75) feet. 130 Text underlined is new text to be added Text strikethrough is current text to be deleted Bayshore Mixed Use District 1/25/06 LDC Amendment Request ORIGIN: Bayshore Gateway Triangle CRA Local Advisory Board AUTHOR: David Jackson Executive Director, Bayshore Gateway Triangle CRA DEPARTMENT: Collier County Community Redevelopment Agency Bayshore Gateway Triangle Local Advisory Board AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC Bayshore Drive Mixed Use Overlay District: Chapter 2 and Chapter 4 LDC/UDC SECTION: LDC 2,03.07, LDC 4.02.21, 4.02.22,4.02.23,4.02.24, Section 1.8.02 and 10.03.05 LDC SUPPLEMENT #: Supplement 2 CHANGE: Format revisions, revisions of sub-district purposes, minor edits, new sub-districts, adding definitions. REASON: Requested by Bayshore I Gateway Triangle Area Advisory Board FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle Redevelopment Overlay in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan and the proposed Gateway Triangle Mixed Use Overlay District. GROWTH MANAGEMENT PLAN IMPACT: The modification of this Zoning Overlay District further implements the BayshorelGateway Triangle Redevelopment Overlay in the FLUE. OTHER NOTESNERSION DATE: This version originally created on June 10, 2005, and modified after meeting with Collier County CDES & Transportation personnel on July 13, and modified after meeting with DSAC on August 3, and modified based upon CDES staff comments dated Aug 10, 2005, and modified after CCPC I LDC meetings on September 21 st and 30th and December 1st and 15th and January 5. Amend the LOC as follows: 1. Text underlined is new text to be added. 2. Toxt strilwthrough is current text te bo deleted. 131 Bayshore Mixed Use District 1/25/06 1.08.01 Abbreviations BMUD: Bayshore Mixed Use District NFIP: National Flood Insurance Proqram APZ: Accessory Parkinq Zone MUP: Mixed Use Proiect 1.08.02 Definitions Accessory Unit - An accessory unit is a separate structure related to the primary residence for uses which include. but are not limited to: library studio. workshop. playroom. or questhouse. Streetwall- A freestandinq wall parallel with the facade of an adiacent buildinq for the purpose of screeninq parkinq from the street. Front Yard Build-to-Line - The line to which a buildinq facade must be built. not a minimum distance. Awnina -Temporary canvas or other material coverinq extendinq from and attached to the facade of a buildinq. without qround supports. Accessory Parkina Zone (APZ) - Residentially zoned lots havinq a common lot line with. and under same ownership or leqal control (lease. easement. etc.) as Subdistrict Ne and used for parkinq only. Mixed Use Proiect Approval Process - A process by which a land owner may petition the Bee for approval of a mixed use proiect - a mix of commercial and residential uses. as provided for in certain zoninq overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Trianqle Mixed Use Overlay District. such a petition may include a request for increased density by use of bonus density pool units. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 132 Bayshore Mixed Use District 1/25/06 2.03.07 Overlay Zoning Districts I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. The purpose and intent of this district i~ to encourage revitalization along the B3yshore Drive corridor by providing opportunities for small scale mixed use development. This di~trict is intended to: ro'/italize the commercial 3nd rosidenti31 development along this corridor; enhance the 'N::1terfront; encourage on stroet parking and sh3rod parking facilities ::1nd provide appropriate landscaping and buffering between the v::1rious types of uses; and protect 3nd enhanco tho nearby single f-amily rosidontial units. Tho types of usos pormitted are low intem:ity retail, office, porsonal sorvice and residential uses. 1. Purpose and Intent. a. Bayshore Drive Mixed Use Overlay District is to encouraqe revitalization of Bayshore Drive and its environs which is part of the Bayshore / Gateway Trianqle Redevelopment Overlay with Traditional Neiqhborhood Desiqn (TND) proiects. TNDs are typically human-scale. pedestrian-oriented. interconnected proiects with a mix of commercial uses includinq retail. office and civic amenities and residential uses that complement each other. Residential uses are often located above commercial uses. but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildinqs. both commercial and residential. are located near the street. and may have front porches and/or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. b. Existinq Planned Unit Developments (PUDs) are not included in the Bayshore Overlay District requirements; however, PUDs approved after Ithe effective date of this ordinance] are included in the Bayshore Overlay District and must comply with the requirements stated herein. 3. G3rages and drivow3Ys. a. The rear setb::1ck may bo roduced to ton f-oet if ::1 front 3COOSS garago is constructod on the rear of the residence. b. The m3ximum width of g3r3ge doors is 16 feet. c. Only one driveway is 3110wed per 50 linear feet of front property linG. The m3ximum width of the driveway at the right of 'Nay line is 18 feet. d. Other than the permitted driveway, the front yard may not bo paved or other.vise used to accommod3te pmking. o. Garages must be recessed ::1 minimum of three feet behind the front facade of the primary residence. f. No carports are permitted. g. Tho distance from tho b3ck of tho sidow31k to tho gar3ge door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewolk. Should the gor3go bo side loodod there must be ot le3st a 23 foot pavod oroa on a perpendicubr plane to the g::1r3go door or pions must ensure th3t parkod vehicles will not interfere with pedestrian traffic. 1. Text underlined is new text to be added. 2. Text E:trilmthrough iE: aurront text to 90 doleted. 133 Bayshore Mixed Use District 1/25/06 BMUD Map No.1 J,I j] " IIH Bayshore Mixed Use Overlay District BIIUDoR3 RMF !I! BMUD-NC BMUD-NC Neighborhood Commerclel Subdistrict <I (MH) i APZ ACC8UOry Parking Zone BMUD-R3 BMUD-W Weterm'"t Subdlotrlct BMUD-R1 Reeldenliel Subdlslrlct 1 aaTANICAL. PI..AC:a IIUD.~'" BMUD-R2 Reeldentlel Subdlslrlct 2 .."" . BMUD-R3 Resldonliel Subdlslrlct 3 BMUD-R4 Reeldonliel Subdistrict 4 S (XXX) Under Lying Zoning BMUD-R1 Future Land Use (RSFoo4) ~ Activity C<tnter 1 e BMUD-R1 -..- eRA Boundary '~ BMUD-R4'" BOTANICAL GARDEN PUD BMUD-NC (RSF004)Q . Ela::.... fnIm BIIIUD (c'2) ----, JLj! - n .1 BMUD-R4 ----1 (RSF-3) I . "ORn< IMALIlAY Il'UD. --...... 1AlllU,.IIA.YPUD- bcludId trGII'l ....a . ; 1. Text underlined is new text to be added. 2. T8xt e:tril,-othFGugh ie current t8m to be deleted. 134 .\ I - i /.;{';;ri 1( / ~I / / ,/ jf . v /~1' "\ </ II /.-- .<, ~/ .~ II ) II .' ,,-J ! WNJOTAR I I \\ II ~_ ~(~~'r-~" - ~~, ."-. ~ ~\ ~-!I ~\ ~ ~'\...: ~ -~ --~'''- [/ ~~~\ I I ~'-' . \ ~ BMUD-R1 / (RSF-4) d II I .! " _....___.....J IlMALBAY I J rJ ,C.J E3 /.~. // /~ / A" .' ,'a RMF-16 . .' /K'/.-<i ,.;'*~;~ .///;; ., . ..;1- B '-;~'_/_- -- .... "",,'"77 / / /// /~ ,,// . .. ../~'# ~/ ///'/'.. J . I ~ InF,~ ---_..._-_._----~ " BMUD-R2 (RMF-8) BMUD-Rl (RIIF-6) '_..._~~-- -----.-----:-_--- Bayshore Mixed Use Overlay District BMU...., BMUD-R3 (IIH) BMUD-NC NelghbartJood Commerc:lel Subdistrict APZ Ace..aary P.rklng Zon8 BIIUD-W Weterln>nt Subdlelrlct BIIUD-Rl Raldenllel SUbdletrlcll BMUD-R2 Raldent... SUbdletrlct 2 BMUD-R3 Raldentl" SUbdletrlct 3 BIIUD-RA Raldenllel Subdle_ 4 S (XXX) Under Lying Zoning Ir~tE@~ existing B.,.ho... OVertay Coverage Future lIInd Use ~.".' /......'..'.... / .,' .,' / Activity Center 18 BIIUD.Rl (RMF-8) \ \ BMUD-Rl BOTANICAl. QARDl!N I BIIUD-~ (iF~) t:J -' -----~-- Ii BMUD-NC (C-2) . NORTH BMUD-R4 (RaFol) /- IIOTAMCAL. CIoUDEN RR~1i RSF-3 Bayshore Mixed Use District 1/25/06 c. Property owners may follow existina Collier County Land Development Code reaulations of the underlvina zonina classification. or may elect to develop/redevelop under the mixed use provisions of the BMUD Neiahborhood Commercial (NC) or Waterfront (W) Subdistricts of this overlav, throuah a mixed use proiect approval from the BCC. However. in either instance, BMUD site development standards are applicable. as provided for in section 2.03.07 1.5.h. of this Code. 3. Mixed Use Proiect Approval Process. a. Owners of property in the Neiahborhood Commercial (BMUD-NC) and Waterfront (BMUD-W) Subdistricts may petition the Board of County Commissioners for mixed use proiect approval. The application for MUP approval shall acknowledae that the owner shall not seek or reauest. and the County shall not thereafter arant or approve. any additional uses beyond those allowed in the C-1 throuah C-3 zonina districts. The application shall be accompanied bv a conceptual site plan demonstratina compliance with the criteria in section 10.03.05.G. b. There shall be a public hearina before the BCC leaallv noticed and advertised pursuant to section 10.03.05.G. If approved bv the BCC, such approval shall be bv resolution. c. Once a Mixed Use Proiect has been approved bv the BCC. the applicant shall submit a site development plan (SDP), based on the conceptual site plan approved by the BCC and meetina the reauirements of section 10.02.03 B.1. of this Code. to the Community Development and Environmental Services Division within six months of the date of approval. This SDP must be determined as sufficient and accepted for review bv the Division within 30 days of submittal. After the SDP has been approved. the approved proiect shall be identified on the Collier County official zonina atlas map. usina the map notation MUP. If a MUP approval expires. as set forth below. the map notation shall be removed from the official zonina atlas map. The burden is on the applicant to submit an SDP application in a timelv manner. to be responsive to the County's SDP review comments, and to commence construction in a timelv manner after SDP approval has been aranted. d. MUP approval shall expire and any residential density bonus units shall be null and void if any of the followina occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submittal. iii. The SDP under review is deemed withdrawn and cancelled. pursuant to section 10.02.03.B.4.a. iv. The SDP is considered no lonaer valid, pursuant to section 10.02.03.B.4.b. and c. e. Once a property owner, throuah a MUP approval. elects to develop or redevelop a mixed use proiect under Neiahborhood Commercial (NC) or Waterfront (W) Subdistricts. then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlyina zonina district. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 135 Bayshore Mixed Use District 1/25/06 4. Bonus Density Pool Allocation Under the Collier County Future Land Use Element. 388 bonus density units are available for reallocation within the Bayshore/Gateway Trianqle Redevelopment Overlay. The County Manaqer or desiqnee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this BMUD overlay and the Gateway Trianqle Mixed Use Overlay District. and shall only be allocated throuqh the MUP approval process. To qualify for 12 dwellinq units per acre, proiects shall comply with the followinq criteria. This density of 12 dwellinq units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within either the Neiqhborhood Commercial or Waterfront Subdistricts, and shall be a mixed use proiect - mix of commercial and residential uses. b. Density shall be as per the underlyinq zoninq district. The maximum density of 12 units per acre shall be calculated based upon total proiect acreaqe. The bonus density allocation is calculated by deductinq the base density of the underlyinq zoninq classification from the 12 unit maximum. The difference in units per acre determines the bonus density allocation requested for the proiect. c. For proposed proiects. only the Affordable Housinq Density Bonus, as provided in the Density Ratinq System, is allowed in addition to the eliqible bonus density units provided herein as the entire BMUD is within the Coastal Hiqh Hazard Area (CHHA). d. The project shall comply with the standards for mixed use development set forth in the Bayshore Mixed Use Overlay District. e. For proiects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Ratinq System and applicable FLUE Policies. 5. Bayshore Mixed Use District (BMUD) Subdistricts a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be human-scale and pedestrian-oriented. For mixed use proiects only, subiect to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlyinq zoninq district. b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, except for the standards set forth in section 4.02.17 For mixed use projects only, subiect to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise. permitted uses are in accordance with the underlyinq zoninq district. c. Residential Subdistrict 1 (R 1). The purpose of this subdistrict is to encourage the development of a variety of housinq types which are compatible with existinq neiqhborhoods and allow for buildinq additions such as front porches. The intent in new development it is to encouraqe a traditional neiqhborhood desiqn pattern. Refer to Tables 1 and 2 for permitted uses in this subdistrict. Multifamily residences as a transitional use bet\veen commercial and single f3mily dovelopment. The 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 136 Bayshore Mixed Use District 1/25/06 multifamily buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. d. Residential Subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multi-family residences as transitional uses between commercial and single-family development. The multi-family buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. Refer to Tables 1 and 2 for permitted uses in this subdistrict. e. Residential Subdistrict 3 (R3). The purpose of this subdistrict is to allow the development of mobile home, modular home, townhouses and single-family residences. All new development in this Subdistrict shall be compatible with the building patterns and facade articulation of traditional neighborhood design. Refer to Tables 1 and 2 for permitted uses in this subdistrict. The intent is to create a row of residential units ':lith consistent front yard set backs and access to the street. a. Minimum lOT width: Single family: 40 feet. Modular homes: 10 feet. TO'.\'Rhouses: 25 f-eet. Mobile homes: <10 feet. b,. Yard requirements. The following yard requirements are in relation to the platted Front Yard At Min. Side Yard Min. Rear Yard One (Single) Family 10 feet &-feet 8-feet . II~;~^ Modular Dwelling 10 feet &-feet 8-feet YMs TO'Nnhouse 1 0 f-eet o feet when 8-feet ABUTTI~JG another townhouse, if not then &-feet Mobile Homes 1 0 feet &-feet 8-feet f. Residential Subdistrict 4 (R4). The purpose of this subdistrict is the same as Residential Subdistrict R1 except only sinqle-family detached dwellinq units are permitted. Refer to Tables 1 and 2 for permitted uses in this subdistrict. g. Residential Neiqhborhood Commercial Subdistrict (RNC) The purpose and intent of this subdistrict is to allow limited home occupational businesses. Q. Mixed Use Activity Center Subdistrict Portions of the Bayshore Overlay District coincide with Mixed Use Activitv Center #16 desiqnated in the Future Land Use Element (FLUE) of the Collier County Growth Manaqement Plan. Development in the activity center is qoverned by requirements of the underlyinq zoninq district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of this Code. h. All subdistricts. Development within all subdistricts of the BMUD shall be subiect to the site development standards as stated in sections 4.02.16 throuoh 4.02.21 as applicable. The subdistrict site development standards shall also apply to property developed in conformance with the underlyinq zonino classification. 1. Text underlined is new text to be added. 2. Text strikethrough is cl,Jrrent text to be deleted. 137 Bayshore Mixed Use District 1/25/06 Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts P = permitted N - .- M ~ I I "iii ~ ..- ~ ~ ~ E = permitted with certain I '(3 ~ N M exceptions ... ~ - - - - C1) - (.) (.) (.) (.) E (.) .;: .;: ";: ";: .;: E - - - - Blank cell = prohibited (also - tIl .!!! .!!! tIl C1) 0 .!!! 0 '0 '0 '0 '0 '0 see table of conditional and '0 .a .a .a .a 0 '0 .a :J :J :J :J accessory uses) 0 0 :J V) V) V) V) V) 0 0 - "iii "iii "iii "iii .c: Ci) ... G l: :;:: :;:: :;:: :;:: 0 0 l: l: l: l: ... .a ~ 't: C1) C1) C1) C1) -S C1) :E '0 :E '0 - - tIl 'Ci) tIl 'Ci) '0) (.) III C1) C1) C1) C1) z .;: s: 0::: e::: e::: e::: - c .!!! c c c c c :;) '0 :;) :;) :;) :;) :;) .a ::iE :J ::iE ::iE ::iE ::iE ::iE Land Use Type or Category m V) m m m m m Accountina Services 8721 P P Administrative Service Facilities Adult Day Care Facilities & 8322 Centers Aaricultural Activities Aaricultural Outdoor Sales Aqricultural Services 0741.0742.0752- 0783 Aqricultural Services 0711. 0721. 0722- 0724, 0762. 0782. 0783 Aqricultural Services 0723 Aircraft and Parts 3721-3728 Airoort - General Aviation Amusement & Recreation 7911.7991 Services Amusement & Recreation 7999 tourist quides Services only Ancillarv Plants Apparel & Other Finished 2311-2399 Products Aooarel & Accessorv Stores 5611-5699 P P ADnraisers Artist Studios: Paintinq, drawinq. 7922 .E .E qraphics. fine wood workinq. , mixed media. fiber art (weavinq), qlass. custom iewelry. clay (ceramics/oottery). sculoture. photoqraphy. dance. drama. and music Architectural. Enqineerinq, 0781.8711-8713 .E .E Surveyinq Services Assisted Livina Facilities Attorney Offices & Leqal 8111 .E .E Services Auctioneerinq Service, Auction 7389,5999 Rooms and Houses Auto and Home Sunnlv Store 5531 1. Text underlined is new text to be added. 2. Toxt f:trilwthrough if: currant toxt to be doloto9. 138 Bayshore Mixed Use District 1/25/06 p = permitted - N M ~ I . ~ ~ ~ "iij ~ I ~ E = permitted with certain .~ ~ N M exceptions ::;; .... .... .... .... Q) .... E (,) (,) (,) (,) (,) .~ .~ .~ .~ .~ E .... .... .... .... Blank cell = prohibited (also .... .!:!! .!:!! .!:!! .!:!! Q) 0 .!:!! (.) "C "C "C "C "C see table of conditional and "C .c ..c .c .c 0 .c "C :J :J :J :J :J accessory uses} (.) 0 tJ) tJ) tJ) tJ) tJ) (.) 0 .... "iij "iij "iij .c: cu en ... G c: ;; .. ;; .. 0 ~ c: c: c: c: .c ~ 't: Q) Q) Q) Q) .c: :2 :2 "C "C :2 .... Q) 'iij 'iij .... III III Q) (,) cu Q) Q) Q) Q) z .~ 3: c:: c:: c:: c:: .... c .!:!! c c c c C ::J "C ::J ::J ::J ::J ::J .c :E :J :E :E :E :E :E land Use Type or Category a:1 tJ) a:1 a:1 a:1 a:1 a:1 Automobile Parkina 7521 Automotive Repair. Services. 7514.7515.7521. and Parkina 7542 Automotive Repair, Services. 7513-7549 and Parkina Automotive Services Automotive Dealers and 5511,5531.5541. Gasoline Service Stations 5571.5599 Barber Shops or Colleqes 7241 P P Beautv Shops or Schools 7231 P P Bikina Trails Boat Dealers ~ Bowlina Centers 7933 Buildina Construction 1521-1542 Buildina Materials 5211-5261 Buildinq Materials, Hardware. 5231 - 5261 Garden Suoolies Business Associations 8621 Business Renair Service Business Services 7311. 7313. 7322- 7331.7338. 7361. 7371 ,7372.7374- 7346 7379 Business Services 7311-7313,7322- 7338.7361-7379. 7384 Business Services 7311.7313.7322- E E 7338. 7384 Business Services 7311-7313,7322- 7338,7361-7379. 7384 7389 Business Services 7311-7352.7359. 7361-7397 7389 Business Services 7311-7353 7359 Business Services 7312,7313.7319. 7334-7336,7342- 7389 Business Services 7311 Business Services 7312 7313 7319 1. Text underlined is new text to be added. 2. Text ctrikethrough ic mmonl text to bo doleted. 139 Bayshore Mixed Use District 1/25/06 p = perm itted N - ~ M ~ , cr. iij ~ I ~ ~ E = permitted with certain 'u e= - N M exceptions ... ;;;". Q) .... - .... .... .... (.) (.) (.) (.) E (.) .;:: .;:: .;:: .;:: E .;:: .... - .... .... Blank cell = prohibited (also .... .~ .~ .~ en Q) 0 .~ '0 '0 '0 :c see table of conditional and '0 u '0 ,Q ,Q ,Q ,Q 0 '0 ,Q ;:j ;:j ;:j ;:j accessory uses) u 0 ;:j (/) (/) (/) (/) (/) u 0 .... iij iij J: III III (/) ... G c: :;::: :;::: :;::: :;::: 0 0 c: c: c: c: ,Q ~ ... Q) Q) Q) Q) J: 't: :2 '0 :2 '0 :2 .... Q) 'ijj .... en en en Q) (.) III Q) Q) Q) Q) z .;:: 3: 0::: 0::: 0::: 0::: .... C .~ C C C C C :;:) '0 :;:) :;:) :;:) :;:) :;:) ,Q :liE ;:j :liE :liE :liE :liE :liE Land Use Type or Category IX! (/) IX! IX! IX! IX! IX! 7331.7334-7336. 7342.7349.7352. 7361.7363.7371- 7384 7389 Business Services 7311.7313.7322- 7331. 7335-7338. 7361.7371.7374- 7376 7379 Business/Office Machines Canoe Rental P Canoeina Trails Care Units Carwashes 7542 Cateqory " Group Care Facilities Child Care - Not for Profit Child Dav Care Services 8351 Churches & Places of Worship Civic and Cultural Facilities P P Collection/Transfer Sites Commercial Printinq 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavv Construction - Special Trade 1711-1793.1796. Contractors 1799 Construction - Special Trade 1711-1799 Contractors Continuinq Care Retirement Communities Deoositorv Institutions 6011-6099 Depositorv Institutions 6011 . 601 9. 6081 . 6082 Depository Institutions 6021-6062. 6091. 6099.6111-6163 Deoositorv Institutions 6021-6062 Drinkina Establishments and 5813 1. Text underlined is new text to be added. 2. Toxt ctrikothrough iE: currant toxt to bo doleted. 140 Bayshore Mixed Use District 1/25/06 p = permitted .- N M ~ I . ..... ~ ~ iij ~ I ~ E = permitted with certain .~ ~ N M exceptions ::::;; - - - - CD - E (,,) (,,) (,,) (,,) (,,) .~ .~ .~ .~ .~ E - - - - Blank cell = prohibited (also - III .~ .~ .~ 0 .~ :c CD 0 "C "C "C "C see table of conditional and "C .c .c .c .c 0 "C .c ::l ::l ::l ::l ::l accessory uses) 0 0 CJ) CJ) CJ) CJ) CJ) 0 0 - iij iij iij iij .s:: en ... G l: .. .. .. .. 0 0 l: l: l: l: ... .c ~ 1: CD CD CD CD .s:: "C "C "C :E ~ - CD 'iij 'iij 'iij - III CD (,,) IV CD CD CD CD Z .~ ~ 0:: 0:: 0:: 0:: - C .~ C C C C C ::) "C :::J :::J :::J :::J :::J .c :E ::l :E :E :E :E :E Land Use Type or Category IX] CJ) IX] IX] IX] IX] IX] Places Drua Stores 5912 P P Druas and Medicine 2833-2836 Eatinq Establishments and 5812 .!;... E Places Educational Plants Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 Educational Services 8211-8244 8299 Electronic Equipment & Other 3612-3699 Electrical Enuinment Enqineerinq. Accountinq. 8711-8748 Manaqement and Related Services Enqineerinq, Accountinq, 8711-8713 E E Manaqement and Related Services Eauestrian Paths Essential Services7 E E E E E E Excavation Fabricated Metal Products 3411-3479. 3419- 3499 Fairarounds Familv Care Facilities Fishina Piers Fishina/HuntinnlTranninn 0912-1919 Fixture Manufacturina Food Manufacturinq 2034. 2038. 2053, 2064. 2066. 2068. 2096 2098 2099 Food Products 2011-2099 Food Stores 5411 5421-5499 E,j P Food Stores 5411-5499 Fraternal Oraanizations 1 Exceot concessions stands. contract feedina. dinner theaters. drive-in restaurants. food services (institutional). industrial feedina. 2 For reauirements pertainina to Essential Services. see section 2.01.03 of this code. 3 Exceot convenience stores and supermarkets. 1. Text underlined is new text to be added. 2. Text strikethrough is ourrent text to be deletod. 141 Bayshore Mixed Use District 1/25/06 p = permitted N M ;;: ~ I ~ E = permitted with certain iii ~ I e: ~ 'u e: N M exceptions ... ;;;;. Q) - - - - - u u u u E u .;: .;: .;: ";: E .;: - - - - Blank cell = prohibited (also - .!!! .!!! .!!! II) Q) 0 .!!! '0 '0 '0 :0 see table of conditional and '0 (.) '0 .c .c .c .c 0 '0 .c ~ ~ ~ ::::l accessory uses) (.) 0 ~ en en en en en ~ 0 - iii .c: C'Cl C'Cl C'Cl en ... 1(3 s:: :;:; :;:; :;:; :;:; 0 0 s:: s:: s:: s:: .c ... I~ 't: Q) Q) Q) Q) .c: :E :E :E '0 :2 - Q) "iij - II) II) II) Q) u C'Cl Q) Q) Q) Q) z .;: ;: 0::: 0::: 0::: 0::: - c .!!! c c c c C :::l '0 :::l :::l :::l :::l :::l .c :!: ::::l :!: :!: :!: :!: :!: Land Use Type or Category lX:I en lX:I lX:I lX:I lX:I lX:I Funeral Services and 7261 Crematories Furniture & Fixtures 2511-2599 Manufacturina Gasoline Services Stations 5541 5511-5599 General Contractors 1521-5261 General Merchandise Stores 5311-5399 P P Glass and Glazina Work 1793 Golf Courses Government Offices/Buildinqs 9111-9222,9224- 9229.9311.9411- 9451.9511-9532. 9611-9661 GrOUD Care Facilities Gunsmith Shoo 7699 Hardware Stores 5251 Health Food Stores Health Services 8011-8049 Health Services 8011-8049 8082 P P Health Services 8051-8059,8062- 8069. 8071. 8072. 8092-8099 Heavv Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, 5712.5719,5731- .E .E Equipment Store 5736 Home Furniture, Furnishings, 5712-5736 Equipment Store Home Supply Store 5531 Hotels and Motels 7011 7021 7041 Hotels and Motels 7011 E4 E4 Houseboat Rental 7999 Individual & Family Social Services Industriallnoraanic Chemicals 2812-2819 Industrial. Commercial. 3511-3599 ComDuter Machinery and 4 Except hostels 1. Text underlined is new text to be added. 2. Text strikethrough is curront text to be deletod. 142 Bayshore Mixed Use District 1/25/06 p = permitted - N M ~ I ~ ili i ~ ~ ~ , E = permitted with certain e:: - 'Cj N CO? exceptions ... :::::; - - - - CI) - E Co) Co) Co) Co) Co) 'i: 'i: 'i: 'i: 'i: E - - - - Blank cell = prohibited (also - .!!! .!!! .!!! .!!! 0 III CI) () :s 't:l 't:l 't:l 't:l see table of conditional and 't:l .Q .Q .Q .Q .Q 0 't:l ::l ::l ::l ::l ::l accessory uses) () 0 CJ) CJ) Cf) CJ) Cf) S:2 0 - ili ili ili ili .s:: CJ) ... I..... e: :;:; :;:; :;:; :;:; 0 () 0 e: e: e: e: ... .Q I~ 't: CI) CI) CI) CI) .s:: 't:l 't:l 't:l 't:l ] - CI) 'iij 'iij 'iij 'iij - CI) Co) C'a Q) Q) CI) CI) Z 'i: 3: 0:: 0:: 0:: 0:: - C III C C C C c :s :J .Q :J :J :J :J :J :t ::l :t :t :t :t :t land Use Type or Category al Cf) al al to al to Equipment Insurance Aqencies, Brokers, 6311-6399.6411 1: 1: Carriers Insurance aqents. brokers, and 6361 and 6411 service. includinq Title Insurance Investment/Holdina Offices 6712-6799 Job Traininq & Vocational 8331 Services Justice Public Order & Safety 9221 9222 9229 Labor Pool 7363 Labor Unions 8631 Lakes Ooerations 7999 Larae Aooliance Reoair Service 7623 Leaal Services 8111 P P Leather Products 3131-3199 Libraries 8231 Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426 2431-2499 Manaaement & Public Relations 8741-8743 8748 P P Manaaement Services 8711-8748 P P Marinas 4493 44W P P Measurinq. Analvzinq and 3812-3873 Controllina Instruments Medical and Ootical Goods 3812-3873 Medical Laboratories and 8071 , 8072. 8092, Research & Rehabilitation 8093 Centers Membershio Oraanizations 8611-8699 P P Membershio Oraanizations 8311 8631 Membershio Oraanizations 8611 Membershio Oraanizations 8611 8621 Misc. Manufacturina Industries 3911-3999 Miscellaneous Plastic Products 1. Text underlined is new text to be added. 2. Text strikethrough ic ourrent text to be doloted. 143 ,; ~~ Bayshore Mixed Use District 1/25/06 p = permitted N M ~ .- I I 'iii ..... e: e:. I E = permitted with certain ~ I e: '(j ~ N M exceptions .... ::;. Ql - - - - - E (,) (,) (,) lJ lJ .;:: .;:: .;:: .;:: .;:: E - - - - Blank cell = prohibited (also - .~ VI .~ .~ Ql 0 .~ see table of conditional and "'C (.) "'C "'C "'C "'C "'C .c .c .c .c 0 "'C .c ::::l ::::l ::::l ::::l accessory uses) (.) 0 ::::l C/) C/) C/) C/) C/) (.) 0 - 'iii 'iii ..c: ctI ctI en .... G c: .. .. .. .. 0 0 c: c: c: c: .c .... z 't: Ql Ql Ql Ql ..c: - "'C :2 "'C "'C .S! Ql - - 'ii) VI 'ii) 'ii) Ql lJ ctI Ql Ql Ql Ql Z .;:: 3: 0::: 0::: 0::: 0::: - C .~ C C C C C :J "'C :J :J :J :J :J .c :?E ::::l :?E :?E :?E :?E :?E land Use Type or Category OJ C/) OJ OJ OJ OJ OJ Miscellaneous Repair Service 7622. 7629'" E'" EO 7631 76996 Miscellaneous Repair Service 7622-7641 7699 Miscellaneous Repair Service 7622-7699 Miscellaneous Retail Services 5912 5942-5961 Miscellaneous Retail Services 5912-5963 Miscellaneous Retail Services 5912-5963, 5992- 5999 Miscellaneous Retail Services 5912. 5932-5949, .E .E 5912 5961, 5992- 5999? Mobile Home Dealers 5271 Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freiqht Transportation 4225 and Warehousina Motor Homes P P P P Multi-Familv Dwellinas Museums and Art Galleries 8412 P P Nature Preserves Nature Trails Non-Depository Credit 6141-6163 Institutions Non-Depository Credit 6111-6163 Institutions Non-Depositorv Institutions 6011-6163 Non-Depository Institutions 6011. 6019. 6081, 6082 Non-Depositorv Institutions 6021-6062. 6091. 6099 6111-6163 Nursina Homes 8051,8052,8249 Office Machine Repair Service 7629-7631 Oil & Gas Exploration Open Space 5 Exceot Aircraft. business and office machines. larqe appliances. and white qoods such as refriqerators. and washinq machines. 6 Antique reoair and restoration. except furniture and automotive only. bicycle repair shops only and rod and reel repair. 1. Text underlined is new text to be added. 2. Toxt E:trikethrough iE: currcmt toxt to be deleted. 144 Bayshore Mixed Use District 1/25/06 p = permitted ;: N M ,= I I (ij 3E e= 0::: E = permitted with certain I - e: .~ e: N C"') exceptions Q) ~ .. .. .. .. .. CJ CJ CJ CJ E CJ .;: .;: .;: .;: E .;: .. .. .. .. Blank cell = prohibited (also - .!!! .!!! .!!! en Q) 0 .!!! 'lJ 'lJ 'lJ :s see table of conditional and 'lJ 0 'lJ .c .c .c .c 0 'lJ .c ;::, ;::, ;::, ;::, accessory uses) 0 0 ;::, Cf) Cf) Cf) Cf) Cf) 0 0 .. (ij (ij (ij (ij J: en ... l(j l: .. .. .. .. 0 0 l: l: l: l: .c 12: ... Q) Q) Q) Q) J: 't: 'lJ 'lJ 'lJ 'lJ ~ .. Q) ';j ';j ';j ';j .. Q) CJ ell Q) Q) Q) Q) z .;: 3: 0::: 0::: 0::: 0::: .. c .!!! c c c c c ;:) 'lJ ;:) ;:) ;:) ;:) ;:) .c :E ;::, :E :E :E :E :E Land Use Type or Category III Cf) III III CD CD CD Outdoor Storaae Yard Paint Glass Walloaoer Stores 5231 Paoer and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parkinn Facilities P P Parkina Services P P Parks Public or Private P P Parochial Schools - Public or Private 8211 Party Fishinq Boats Rental 7999 P Performina Arts Theater' 7922 Personal Services 7291 P P Personal Services 7212-7215.7221- 7251 7291 Personal Services 7212.7215. 7221- 7251 Personal Services 7212.7291 P P Personal Services 7211,7212.7215. 7216 7291 7299 Personal Services 7215,7217.7219. 7261 7291-7299 Personal Services 7211-7219 Personal Services 7215-7231 7241 Personal Services 7221 7291 Photoaraohic Goods 3812-3873 Photoaraohic Studios 7221 P P Phvsical Fitness Facilities 7991 Phvsical Fitness Facilities Pickuo Coaches Plant and Wildlife Conservancies Plastic Materials & Svnthetics 2821 2834 Plav Areas and Plavarounds P P P P Pleasure Boat Rental P Printinq and Publishinq 2711.2712 Industries 7 Performance seatina limited to 200 seats 1. Text underlined is new text to be added. 2. Toxt etrilwthrough ie Gurront toxt to ee deletod. 145 Bayshore Mixed Use District 1/25/06 p = permitted N - ~ C") ~ I . ~ ~ I ~ a::: I E = permitted with certain '(3 ~ - ~ N C") exceptions ... "- Q) - - - - - u u u u E u '': ".: '': ".: E '': - - - - Blank cell = prohibited (also - (I) .!!! (I) .!!! Q) 0 .!!! "0 "0 "0 "0 see table of conditional and "0 U "0 .0 .0 .0 .0 0 "0 .0 :J :J :J :J accessory uses) u 0 :J en en en en en u 0 - ~ ~ ~ ~ J: en ... 10 c: :;:; :;:; :;:; :;:; 0 0 c: c: c: c: .0 ... I~ t: Q) Q) Q) Q) J: :2 "0 "0 "0 :2 - Q) 'ii) 'ii) "ii) - (I) Q) U l1:l Q) Q) Q) Q) z '': 3: a::: a::: a::: a::: - c .!!! c c c c C ::J "0 ::J ::J ::J ::J ::J .0 :!E :J :!E :!E :!E :!E :!E land Use Type or Category m en m m m m m Printinq and Publishinq 2711-2796 Industries Professional Offices 6712-6799, 6411. E E 96311-6399. 6531. 6541 . 6552. 6553. 8111 ProfessionalOraanizations 8631 Public Administration 9111-9199, 9224. E E 9229.9311.9411- 9451. 9511-9532. 9611-9661 Railroad Transoortation 4011.4013 Real Estate 6531-6541 P P Real Estate 6521-6541 Real Estate 6512 Real Estate 6512-6514.6519. 6531-6553 Real Estate Brokers and 6531 Aooraisers Real Estate Offices 6531.6541.6552. 6553 Recreational Service Facilities Recreational Services - Indoor 7911-7941.7991- 7993 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related 7699 services. not elsewhere E E classified Research Centers 8093 Research Services 8732 Residential uses P P P P P P Retail Nurseries. Lawn and 5261 Garden Rubber and Misc. Plastic 3021.3052.3053 Products Safetv Service Facilities 1. Text underlined is new text to be added. 2. T sxt striksthr{)ugh is ourrent text to bo deletod. 146 Bayshore Mixed Use District 1/25/06 p = permitted N - M ,= ;: I I "iij 3: I ~ 0::: E = permitted with certain 'u e: - ~ N M exceptions .... -- CI) - - - - - CJ CJ CJ CJ E CJ 'i: 'i: 'i: 'i: 'i: E - - - - Blank cell = prohibited (also - .!!! .!!! .!!! .!!! CI) 0 .!!! () "C "C "C "C "C see table of conditional and "C .c .c .c .c 0 "C .c :::s :::s :::s :::s accessory uses) () 0 :::s (/) (/) (/) (/) (/) () 0 - "iij "iij "iij "iij J: Cii .... (3 c: :;:; :;:; :;:; :;:; 0 e c: c: c: c: .c ~ 't: CI) CI) CI) CI) J: "C "C "C :E ~ - CI) 'iij 'iij 'iij - Ul CI) CJ co CI) CI) CI) CI) Z 'i: 3: 0::: 0::: 0::: 0::: - c .!!! c c c c c ~ "C ~ ~ ~ ~ ~ .c :!: :::s :!: :!: :!: :!: :!: land Use Type or Category !Xl (/) !Xl !Xl !Xl !Xl !Xl Schools public Schools - Vocational 8243-8299 Security Brokers. Dealers. 6211-6289 e e Exchanaes Services Shoe Repair Shops or 7251 e e Shoeshine Parlors Shootina ranae indoor 7999 Sinale-Familv Dwellinas P P P P Social Services 8322-8399 Stone. Clay. Glass and 3221.3251. 3253. Concrete Products 3255-3273. 3275. 3281 Storaae Svnthetic Materials 2834 Testina Services Textile Mill Products 2211-2221.2241- 2259. 2273-289. 2297 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parkina Lots 7514 7515 7521 Townhouses P P P P P TransDortation bv Air 4512-4581 Transportation Equipment 3714.3716.3731. 3732.3751.3761. 3764. 3769. 3792. 3799 TransDortation Services 4724-4783 4789 Travel Aaencies 4724 Travel Trailers 5561 Two-Familv Dwellina P P United States Postal Service 4311 EO EO Veterinarian's Office 0742 E" E" Veterinarian's Office 0752 P P Videotaoe Rental 7841 E'u P'u 8 Excludes maior distribution center. 9 Excludes outdoor kennelinq 10 Limited to 1.800 square feet of qross floor area. 1. Text underlined is new text to be added. 2. Taxt ctril{ethrol:lgh is currcmt text to be dalatod. 147 Bayshore Mixed Use District 1/25/06 Vocational Rehabilitation 8331 Services Weldina Reoair 7692 Wholesale Trade 5148 Wholesale Trade - Durable 5021,5031,5043- Goods 5049, 5063-5078. 5091 ,5092, 5094- 5099 Wholesale Trade - Nondurable 5111-5159.5181. Goods 5182 5191 Wildlife Conservancies 9512 Wildlife Manaqement 0971 Wildlife Refuae/Sanctuarv Wildlife Sanctuaries Watches/Clocks 3812-3873 1. Text underlined is new text to be added. 2. Text stril(othrough is current text to be deloted. 148 Bayshore Mixed Use District 1/25/06 Table 2. land Uses that Max be Allowed in Each Subdistrict as Accessory or Conditional Uses. C = conditional use A = accessory use Q) t) 3: ~ N M ''It I I I I "C Z I 0::: 0::: 0::: 0::: 0 I ::J I I I I t) ::J :!: ::J ::J ::J ::J t) :!: :!: :!: :!: :!: C C C C C c en DJ DJ DJ DJ DJ DJ A ricultural A ricultural services Amusement & recreation services Amusement & recreation services Amusement & recreation services Ancillar lants Animal control A uariums Archer ran es Assisted livin facilities Auctioneerinq Services. auction rooms and houses Automotive dealers and asoline service stations 0741. 0742. 0752- 7911 7911- 7941, 7991- 7993, 7997. 7948. 7992. 7996. 7999 8422 7999 7389. 5999 5521, 5551, 5561. 5599 149 1. Text underlined is new text to be added. 2. T ex! strikethrough is ourront text to ba dalatos. Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Q) u ~ ..- N M -.:r ~ I I . 'C Z . 0::: 0::: 0::: 0 I ;:) I I I I U ;:) ~ ;:) ;:) ;:) ;:) u ~ ~ ~ ~ ~ c c c c c c en co co co co co co 7513. Automotive rental/leasina 7519 Beach chair, bicycle, boat or mooed rentals Bed & breakfast facilities 7011 C C Boat Rental 8- Boathouses A8 A A Boat ramos A Boat yards A8 8- Botanical aarden 8422 Bottle clubs 5813 Camoina cabins Care Units Caretaker's residence CateQorv II qroup care f;:Jcilitip.!'l Cemeteries 2812- Chemical oroducts ?AQCl Child dav care 8351 Q Q Churches & places of 8661 worship Civic & cultural facilities Clam nurseries Cluster develooment Cocktaillounaes 5813 Collection/transfer sites Commercial uses 4812- Communications 4841 Communication towers 8 Only on waterfront property 1. Text underlined is new text to be added. 2. Text stril(ethrough ie: o~rront text to DO 8olotod. 150 Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Q) u 3: .... N C"'l "'=t I I I 0:: "C Z I 0::: 0::: 0::: 0 . ::) I I I I U ::) ::) ::) ::) ::) u ::E ::E ::E ::E ::E ::E c c c c c c c;; m m m m m m Communit centers Communit theaters 7922 Continuinq care/retirement centers 5411 Convenience stores Dancinq establishments & sta ed entertainment 6011- 6099 Detention facilities f:1 f:1 f:1 Docks 5813 Drinkin establishments Drivin ran es Earth minin 5812 Eatin establishments 8211- Education services 8222 Education facilities: public & 8211- rivate schools 8231 4911- 4971 Excavation 1. Text underlined is new text to be added. 2. To><< ctrikethrou!lh is Durront text to be doleted. 151 Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Q) u ~ .... N M ~ I I I I "C Z I 0:: 0:: 0:: 0:: 0 I :J I I I I U :J :!: :J :J :J :J :!: :!: :!: :!: :!: 5:2 0 0 0 0 0 0 en CD CD CD CD CD CD 3482- Fabricated metal Droducts 3489 Farm labor housina 5153- Farm nroduct raw materials 5159 Field crons 0912- Fis h inn/h u n ti nn/tra DD ina 1919 2011, Food nroducts 2048 Food service 5411- Food stores (over 5 000 s.t.) 5499 Fraternallodqes, private club or social clubs 5983- Fuel dealers ~ Fuel facilities C9 Funeral services & 7261 crt=!m::ltnrit=!!': Garaae [j [j [j [j Gas neneratinn nlants Gift shops 5947 Golf club house Golf course Golf drivina ranae Groun care units Guesthouses [j [j [j [j Health services 8011 Homeless shelters 8322 8062- Hosnitals 8069 9 For watercraft only. (Not as an auto gas station or fueling center). 1. Text underlined is new text to be added. 2. Text strikethrough is currant text to be aoloted. 152 Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Cl) (.) 3: .".. N M ~ ~ . . ~ "0 Z . D:: D:: 0 I :::l I I . . (.) :::l :E :::l :::l :::l :::l (.) :E :E :E :E :E c c c c c c (i) al al al al al al 7011. Hotels and motels 7()?1 Huntina cabins Incinerators Jails Justice, public order & 9211- safety 9224 0742. Kennels & kennelina 0752 Kiosks Leather tannina & finishina 3111 Livestock 4111- Local and suburban transit 41?1 4131- Local and suburban transit 417::1 2411- 2421. Lumber and wood oroducts 2429 Maintenance areas Maior maintenance facilities 4493, Marina 44qq Mental health facilities Merchandise - outdoor sales Miniature aolf course 7999 Mixed residential and commercial Model homes and model sales centers Motion oicture theaters 7832 Motion oicture theaters 7833 4212, 4213- Motor freiqht transportation 4225. and warehousina 4226 1. Text underlined is new text to be added. 2. Told strikothrough is curront toxt to bo doleted. 153 Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Je: ...~.;..;. Gl () ;: ..... N M -.::t I I I I "C Z . 0:: 0:: 0:: 0:: LHc::t::-c: 0 I :) I I I I () :) ~ :) :) :) :) 'iF ~ ~ c ~ ~ ~ ~ c c c c c en CCI CCI CCI CCI CCI CCI , , Motor freiqht transportation 4225. and warehousino 4226 Noncommercial boat launchina ramos Nurserv - retail 5261 Nursino and personal care 8062 far.i1ities Nursina homes 1321. Oil and oas extraction 1382 Oil & qas field development ::Inrl nrorllJr.tion Outdoor disolav Packinohouse Paoer and allied products 2611 Personal services 7291 Petroleum refinino and 2911- related 2999 Pistol or rifle ranoe Plav areas and olavarounds Poultry raisino (small) 3312- Primary metal industries 3399 Private boathouse and A A A A rlnr.ks Private clubs Private landina strios Pro shoos (Iaroe) Pro shoos (small) Recreational facilities Recreational services Refuse systems 4953 Rehabilitative centers 8093 1. Text underlined is new text to be added. 2. Text Etril<ethrough iE:. Durrent text to be deleted. 154 Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Q) u 3: 't'" N M "'=t . I I I "tl Z I IX: IX: IX: IX: 0 I :::> I I I I U :::> :::> :::> :::> :::> :!!: :!!: :!!: :!!: :!!: :!!: U Q Q Q Q Q Q u; m m m m m m Reoair or storaae areas Residential uses Resource recoverv olant Restaurant (small) or snack 5812 shoo Restaurant (Iaroe) 5812 Retail shoos or sales Rubber and misc. Plastic 3061- nrnrlllr.t<:: ~inRq Sanitarv landfills Sawmills Schools oublic or orivate Schools orivate 8243- Schools vocational R?~~ Service facilities Slauahterina olants 2011 Social association or clubs 8641 8322- Social services ~qQ Souo kitchens Sports instructional camos nr sr.hnnls Staaed entertainment facilitv 3211. 3221, 3229. 3231, 3241. 3274, Stone, clay, qlass and 3291- concrete oroducts 3299 Swimmina oools - oublic Swimmina pools -orivate ~ ~ ~ ~ ~ ~ 1. Text underlined is new text to be added. 2. Toxt strikothrough ic currant toxt to be dolotod. 155 Bayshore Mixed Use District 1/25/06 C = conditional use A = accessory use Ql (,) 3: ..... N M 'It I I I I "C Z I c:::: c:::: c:::: c:::: 0 I ::J I I I I (,) ::J :!: ::J ::J ::J ::J :!: :!: :!: :!: :!: (,) C C C C C C Cij 1XI 1XI 1XI 1XI 1XI m 8tora e enclosed Tennis facilities 2231, 2261- 2269, 2295. Textile mill roducts 2296 Transfer stations 4212 0741- Veterinarian's office 74 5015. 5051. Wholesale trade - durable 5052. oods 5093 5162. 5169, 5171, Wholesale trade - 5172, nondurable oods 5191 Yacht club 7997 Zoo 1. Text underlined is new text to be added. 2. Text &trikethrough is ourrant text to to deleteEl. 156 Bayshore Mixed Use District 1/25/06 CHAPTER 4 SITE DESIGN AND DEVELOPMENT STANDARDS 4.01.00 Generally 4.01.01 Elevation Requirements for All Developments 4.01.02 Kitchens in Dwelling Units 4.02.00 Site Design Standards 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 4.02.04 Standards for Cluster Residential Design 4.02.05 SpecifiC Design Standards for Waterfront lots 4.02.06 Standards for Development in Airport Zones 4.02.07 Standards for Keeping Animals 4.02.08 outside Lighting Requirements 4.02.09 Design Requirements for Shorelines 4.02.10 Design Standards for Recreation Areas within Mobile Home Rental Parks 4.02.11 Design Standards for Hurricane Shelters within Mobile Home Rental Parks 4.02.12 Design Standards for Outdoor Storage 4.02.13 Design Standards for Development in the BP District 4.02.14 Design Standards for Development in the ACSC-ST District 4.02.15 Design Standards for Development in the SBCO District 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2) 4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3) 4.02.21 Same Development in the 8MUD Residential Neighborhood Commercial Subdistrict (RNC) 4.02.21 DesiQn Standards for Development in the BMUD--Residential Subdistrict (R4) 1. Text underlined is new text to be added. 2. Text strikothrough is: currant toxt to bo deleted. 157 Bayshore Mixed Use District 1/25/06 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict fl.. Purpose The purpose and intent of this ~ubdistrict is to encourage 3 mix of low intensity commerci31 uses and residential uses. Developments will be human scaled and pedostrkm oriented. Property within the Neiqhborhood Commercial Subdistrict will remain under current LDC requlations (except for site development standards as stated in Chapter -1 section 1.02.00 Site Development Desiqn Standards), unless spccified otherNise belo'N. until the IfVhen an property owner applicant receives Mixed Use Proiect (MUP) approval from the BCC.. in tT the BMUD NC Subdistrict allows residential and commercial (C 1 throuqh C 3) uscs if as part of a mixed use development approved. Residential zoned property in the Neiqhborhood Commercial Subdistrict f-or. which the underlvinq zoninq is residential. is allowed to have commercial uses onlv if it is part of an approved mixed use proiect development. DA. Dimensional Standards Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Design Standards Minimum Setbacks Front Yard Front yard infill project Buildings containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback line on all floors. The remaining depth may be used f-or parking. At five feet, 80 percent of the structure must be located 3t the required front setback line. Consistent front yard with adjacent ",;.;~~ Front Yard Build-to-Line 5 feet from the oropertv line to the buildinq footorint. The Front Build-to-Line shall also 1. Eiqhtv percent of the structure must be located at apply to any new buildinQs or the required Front Yard Build-to-Line: the remaininq structures in the C-1 throuqh C-5 20 percent must be behind the Front Yard Build-to- Zoninq Districts which underlay Line within the ranqe of 3 to 10 feet. the BMUD Neiqhborhood Commercial Subdistrict. 2. Buildinqs containinq commercial or residential uses are required to have a minimum depth of 35 feet from the Front Yard Build-to-Line setback line on all floors. The remaininq depth of the lot may be used for parkinq. 3. Buildinqs which face Bayshore and intersectinq side streets shall have the same Front Yard Build-to- Line as the Front Yard Build-to-Line for Bayshore. Minimum Setbacks Side yards - abuttinq residential 15 feet Side yards - all other 5 feet 1. Text underlined is new text to be added. 2. Text strikethrollgh is current text te be deleted. 158 Bayshore Mixed Use District 1/25/06 Rear yard 20 feet Waterfront IUt-+ 25 feet Building Standards Locations on Bavshore Drive First floor ele'/ation level '!lith the sidewalk. The first floor of the buildinQs must be utilized for commercial Building Design INhere possible buildinqs facing Ba\'shore Drive v:rap around the corner 3S depicted on BMUD Fiqure 1. The buildinq facades facinQ the intersectinQ east- west streets with Bavshore shall have the same architectural design treatment as the buildinQ facade facinq Bavshore Drive. Maximum Residential Densitv ~_p .10._ 12 units per acre Maximum square footaQe A buildinq with commercial use onlv is limited to a maximum sauare footaae of 20 000 sauare feet. Minimum Floor Area 700 square foot gross floor area for each building on the ground floor. Buildina Heiaht of StorY 14 feet of buildina heiaht eauals one storY Maximum height of structures Properties developed in conformance with underlying C-4 and C-5 zoning classifications are restricted to maximum building height per section 4.02.01 A. Table 2. 100utdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. 11 Te allow the maxiFR~rn ~se Elf tl:1e watorfrent, new G9nstrllGtl9n B~ilsing "Iacernent en a let Gan vary frem the reEl~ires setBacks, "revises s~ch variation is recemrnensos BY tho CR:\ staff ans tl:1e CO~Rty architect aRs aJlJlrevos BY the COllnty Manager or sosignee. 1. Text underlined is new text to be added. 2. Text striketl1rough is current text to be deleted. 159 Bayshore Mixed Use District 1/25/06 Commercial use only buildings 3 stories or 42 feet to buildinQ eave or top of a flat built-up roof, measured to above side'....alk Qr::lde to Maximum Actual Heiqht of buildinq eave. first finished floor elevation. by NFIP Structure 56 Feet. standards. sidewalk elevation. Parapets on flat roof can be no more that 5 feet in heiQht. Residential use only buildinQs 3 stories or 42 feet to buildinQ eave or top of a flat built-up roof. measured to the first above sidewalk Maximum Actual HeiQht of qrade to buildinq eave floor elevation, by NFIP Structure 56 Feet. standards. Parapets on flat roof can be no more that 5 feet in heiQht. Mixed-use buildinQs residential on 4 stories or 56 feet to buildinq eave or top of a flat top of commercial uses built-up roof. measured above side'N3lk Qr::lde to buildinQ eave to from the first finished floor elevation, Maximum Actual HeiQht of by NFIP standards. Parapets on flat roof shall be no structure 70 Feet. more than 5 feet in heiQht. Only the first two floors shall be used for commercial uses. The first floor ceiling height at the side'N3lk level shall be no less than 12 feet and no more than 18 f-eet in heig ht from the finished floor to the finished ceiling and shall be limited to commercial uses only. Hotel/Motel 4 stories or 56 feet to buildinq eave or top of a flat built-up roof. measured from the first finished floor Maximum Actual HeiQht of elevation, by NFIP standards. Parapets on flat roof structure 70 Feet. can be no more that 5 feet in heiqht. CeilinQ Heiqht The first floor ceilinq shall be no less than 12 feet and no more than 18 feet in heiQht from the finished floor to the finished ceilinQ and shall be limited to commercial uses only. .!;!. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. BMUD-NC land Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront (W) Subdistricts, as indicated on BMUD Map No. 1 eetGw, may construct a dock provided the lots are under the same ownership as the adiacent BMUD-NC or BMUD-W parcels. and have been approved by the County Manager or designee. A site development plan shall be submitted to the County Manager or designee and must succeed in qaininq approval. 1. Text underlined is new text to be added. 2. Text striketRrclugh is current text to be deleted. 160 Bayshore Mixed Use District 1/25/06 ~. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic nood and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site~ and must be architecturally integrated within the project site. 3. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises~ and as indic3ted on the proprietors' occupational license. G. The outdoor display/sale of merchandise is pormitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstratos that provision '.viii be made to adequately address the following: i. Vehicular and pedestrian tr3ffic safety me3sures. ii. Location of sale/display of merchandise in relation to parking areas. iii. Fire protection measures. iv. Limited hours of operation: from d3wn until dusk. v. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is accessory to. vi. Vendor carts located on sidev/alks must afford a five (5) foot clearance for non obstructed pedestrian traffic. eO. Parkina Standards. 1. Four (4) +Rfee spaces per 1,000 square feet of floor area open to the general public for commercial use. 2. Minimum two (2) one and one half (1.5) GAe parking spaces for each residential unit. 3. Outdoor cafe afeaS seatino shall be exempt from parking calculations. 4. Access to the off street parking facility must be from the IOC31 ~ street unless restricted due to lot size. 5. Should the property owner develop on street parking spaces on local streets within the S3me block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. e,. 4. On-street parking on local streets excluding Bayshore Drive requires an agreement with the county to use the public right-of-way for parking. Angle or parallel parking (as depicted on BMUD Figure 21 (~ is permissible based on the site development plan as approved by the planning services department County Manaoer or desionee and built to county standards. The property owner must agree to maintain that portion of the public right of 'Nay where the parking is located. 3 ~. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) Subdistricts, as indicated on BMUD Map No.1, may be used for off-site street parking. The Accessory Parking Zone provided the lots are must be under the same ownership or leoal control (i.e., lease or easement. etc), and meet the standards of section 4.05.02 of this LDC and have .5! site development plan GeeR-approved by the County Manaoer or desionee. a---site development plan. shall be submitted to the County Man3ger or designee. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be doleted. 161 Bayshore Mixed Use District 1/25/06 BMUD Fiaure 1 - Typical Corner Lot Development and On-Street ParkinQ (For illustrative purposes on Iv) "'" "'" 1m [ DELETE GRAPHIC] MUD Fiqure 2 T'Ipical On stroet ParkinQ c c ED3 ED3 ED3 8. On street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of site development plan (SDP) or site improvement plan (SIP) approval provided the parking does not interfere with the on street bike lanes ::md is located within the block in which the block that the property it serves is located. ~ Construction or renovation of any building must occur '....ithin ninety (90) days of the SDP or SIP approval and be completed within six (6) months of commencement in order to secure the on street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the County Manager or designee. These spaces must be used toward the fulfillment of the parking requirements set forth herein. .1.Q.. The off site parking requiremonts of section 1.05.02 J. of the LDC shall apply. Vehicular egress points may be located on local streets opposite residential homes provided they arc within the Bayshore Mixed Use Overlay District. 44-:-~. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LDC, except that the County Manager or designee can approve or deny requests instead of the Zoning & Land Development Review Director with review by the CDES Administrator Board of Zoning Appeals or Planning Commission. Shared parking spaces may be separated by Bayshore Drive provided the two properties are located within the BMUD. FE. Design Standards For Awnings, Loading Docks, and Dumpsters +.- Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 115 square feet shall be subject to sprinkler requirements but only from the potable 'J/ater supply without requirements for backflow protection. 2-:-1. Loading docks and service areas shall not be allowed on the frontage line. alonq the street frontaQe. ~6. All dumpsters for new developments must be located in the rear yard of the property, and not visible from Bayshore Drive. 1. Text underlined is new text to be added. 2. Text striketl:1rough is current text to be deleted. 162 Bayshore Mixed Use District 1/25/06 G. Architectural Standards. 1. /\11 buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified belov.'. 2. All buildings adjacent to B3yshore Drive ',viII have the principal pedestrian entr3nce fronting Bayshore Drive. 3. Thirty five (35) percent of the buildings facade that faces ~ B3yshore Drive will be clear Was& 4. Clear glass windows with a tint of 25% or less, bet\veen the height of t\vo (2) three (3) and seven (7) eight (8) feet above sidewalk grade are required on the primary bcade of the first floor of any building. 5. .4Jtached building awnings may encroach over the setback line by a maximum of five (5) feet. 6. Florescent Neon colors shall not be used 3S accent colors. F. Landscapinq and Buffer Requirements 1. As required by section 4.06.00 of this Code, unless specified otherwise below: 2. Buffers are required between BMUD-NC and BMUD-W Subdistricts and contiquous BMUD- R1 throuqh R4 Residential Subdistricts, A minimum 10-foot wide landscaped area shall be required. This area shall include: a (6) six-foot hiqh opaque masonry wall: a row of trees spaced no more than 25 feet on center: and a sinqle row of shrubs at least 24 inches in heiqht. and 3 feet on center at the time of plantinq. Landscapinq shall be on the commercial side of the wall. 3. A shared 10' wide landscape buffer with each adiacent property contributinq 5 feet is required between BMUD-NC and BMUD-W Subdistricts abutting commercial zoned districts or abuttinq BMUD-NC or BMUD-W Subistricts.. However. the equivalent buffer area square footaqe may be provided in the form of landscaped and hardscaped courtyards, mini-plazas, and outdoor eatinq areas. 4. Buildinq Foundation Plantinq The foundation plantinq shall be a minimum of 50% of the qround floor buildinq perimeter measured in linear feet and an averaqe of five-feet (5) wide. This area must be landscaped with trees and/or palm trees in the amount of one tree or palm per 25 linear feet of buildinq foundation plantinq perimeter: and with shrubs least 24 inches in heiqht and 3 feet on center at the time of plantinq with qround covers other than qrass. Trees and palm trees shall be planted in areas that are a minimum of 8 feet wide. Palm trees. when used to meet these buildinq foundation requirements. shall be counted as one palm is the equivalent of one tree. 5. Water Manaqement Area A minimum of 50% of the water manaqement area shall be landscaped. Trees shall be provided at the rate of 1 tree per 250 square feet. with the balance of the area landscaped with shrubs. qround covers and ornamental qrasses. 6. Parkinq Perimeter Parkinq lots and/or access drives abuttinq commercial property shall be required to have a minimum 10 foot perimeter landscaped buffer. This area shall include a row of trees spaced no more than 30 feet on center. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 163 Bayshore Mixed Use District 1/25/06 G. Architectural standards Desiqn Theme. The "Florida Cracker" architectural theme is encouraqed for any new developments or existinq buildinq rehabilitation or renovation in the C-1 throuqh C-5 zoninq districts which underlav the BMUD Neiqhborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suqqested architectural desiqn theme is used then the elements of the buildinqs should reflect the architectural vernacular of the "Florida Cracker" style. BMUD Fiqure 3: "Old Florida" or "Florida Cracker" Vernacular (For illustrative purposes only) ~ ,:'~Y7'~ "', ^. ,'/''';'',;,; /1: I ,'" w !7rr. 'L..,.J~.. " --- / ," ?', " ~,,~ . . . . 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. Reqardless of the architectural theme chosen. the followinq desiqn elements are required. a. Hip or qable buildinq roofs shall be metal seam ( 5v Crimp. standinq seam or similar desiqn) b. Windows with vertical orientation and the appearance of divided qlass trim. c. Facade wall buildinq materials shall be of wood. stucco finish or cement board products. 2d. All buildinqs adiacent to Bayshore Drive shall have the principal pedestrian entrance frontinq Bayshore Drive. 3e. Thirty-five (35) percent of the buildinqs facade that bees alonq Bayshore Drive will be clear qlass. 41. Clear qlass windows with a tint of 25% or less, between the heiqht of two (2) tRfee ~ and seven (7) eiQht (8) feet above sidewalk qrade are required on the primary facade of the first floor of any buildinq. SQ. Attached buildinq awninqs may encroach over the setback line by a maximum of five (5) feet. 6h. Florescent Neoo colors shall not be used as 3ccent colors. H. Siqns. As required by division 5.06.00 unless specified below: 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 165 Bayshore Mixed Use District 1/25/06 1. One "sandwich sian" is allowed per business establishment as lona as it's base is no more than 30 inches and a maximum heiaht of 42 inches. I. Specific Standards for Bed And Breakfast Lodaina as a Conditional Use. 1. Minimum number of Quest rooms or suites is two (2) with a maximum number of six (6). Guest occupancy is limited to a maximum stay of thirty (30) days. The minimum size of bedrooms for quest occupancy shall be 100 square feet. 2. No cookina facilities shall be allowed in quest rooms. 3. Separate toilet facilities for the exclusive use of quests must be provided. At least one (1) bathroom for each two (2) Questrooms shall be provided. 4. All automobile parkinq areas shall be provided on site. based upon a minimum of two (2) spaces plus one (1) space for each bedroom. All other applicable provisions of this LDC relative to parkinQ facilities shall applv. 5. One (1) siQn with a maximum siqn area of four (4) square feet containinQ onlv the name of the proprietor or name of the residence. SiQn letterinQ shall be limited to two (2) inches in heiqht and shall not be illuminated. 6. An on-site manaQer is required. 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict A. Purpose DesiQn Standards for the Subdistrict are the same as those set forth for the BMUD Neiqhborhood Commercial Subdistrict. unless set forth below. Development in this Subdistrict is encouraqed to be a mix of restaurant and retail uses while allowinQ for limited marina uses. Pro!t.. Special conditions for Marinas: 1. Repair and Qry storage areas shall not be visible from the ~ street. 2. Boats available for rental purposes shall be located in the water or properly screened with a fence or wall from the local side streets roadways and not visible from Bayshore Drive. 3. All boat racks shall be enclosed7. with a wall or fence. The fence material can be wood, vinvl composite. concrete block with stucco finish or metal or a combination. No chain link fence is allowed. 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in Chapter e, shall consider 'Nhether or not the literal interpretation of the provisions of this LDC imposes a financial hardship on the applicant. 5. Outdoor displays of-ReW boats for sale on properties fronting Bayshore Drive shall be limited to the following: a. All areas used for Raw boat sales displav activities shall occupy no more than thirty-five (35) percent of the linear frontage of the property. b. /\11 boat sale activities are limited to new boat sales. s.:b. All Raw boat sale areas shall not be closer to the frontage line than the primary 1. Text underlined is new text to be added. 2. Text strikethrough is current taxt to be doleted. 166 Bayshore Mixed Use District 1/25/06 building they serve.:. unless it is othel"\vise recommended for approv:::!1 reviewod :Jnd commented upon bv the CR/\ Local Advisor\' Board staff :Jnd shall be administrativoly :Jpproved by tho County Manager or designeo. G:-C. All fleW boats located within an outdoor sale~ area shall not exceed the height of seventeen (17) feet above existing grade. M. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. foe. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum fourteen (14)-foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three feet on center at the time of planting. 6. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: a. All areas used for boat sales shall utilize no more than fifty (50) percent of the linear frontage of the property. b. All fleW boat sale areas shall not be closer to the frontage line than the primary building they serve. unless it is othelV.'iso recommended for :Jpprov31 reviowed and commented on by the CRA Local Advisory Board staff and shall be administratively approved by the County Manager or dosignee. c. All boats located within outdoor sales areas shall not exceed a height of thirty-five (35) feet above the existing grade. Sailboat masts are exempt from this limitation. d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. e. An additional landscape 10 foot buffer is required around the perimeter of the outdoor sales area. This buffer must include, at minimum fourteen (14) foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three (3) feet on center at the time of planting. 7. One (1) parking space per five (5) dry boat storage spaces. 8. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach !!Qon residential developments. 4.02.18 Same Desiqn Standards for Development in the BMUD - Residential Subdistrict (R1) Subdistrict desiqn standards encouraqe the development of a variety of housinq types which are compatible with existinq neiqhborhoods and allow for buildinq additions such as front porches. In new development the purpose is to encouraqe a traditional neiqhborhood desiqn pattern. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deletod. 167 Bayshore Mixed Use District 1/25/06 A. Dimensional and Design Standards Table 12. Design Standards in the BMUD Residential Subdistrict R1. Design Standards Maximum Density: 12 units per acre Densitv allowed for underlvina zonina pursuant to the Densitv Ratina Svstem' unless affordable housina densitv bonuses are aranted. Minimum Lot Width (feet) Single-family aA4 50 feet Two-family/Duplex 50 feet Townhouses 25 feet Multi-family 100 feet Minimum Setbacks Min. Front Yard At Min. Side Yard Min. Rear Yard (feet) One sinale (single) family 10 feet* dwelling 7.5 feet unless abutting 15 detached dwelling unit commercial property, then 5 feet Two family / Duplex 1 0 feet~ 5 feet unless abutting single 15 dwelling units ~--:I.:. "7 &:. ~~~~ , Townhouse 1 0 feet: o feet when abutting another 15 townhouse, if not then the same standards as a two familv dwelling unit Multi-family (three or more) 1 0 feet~ 5 feet unless abutting single 15 dwelling units familv unit, then 7.5 feet Buildina Standards Minimum Floor Area 750 square feet per unit Sinale-familv 1500 sauare feet per unit Two-familv/Duplex 1 OOOsauare feet per unit Townhouses 1000 sauare feet per unit Multi-familv 750 sauare feet per unit Maximum 3 habitable floors or 4G 42 feet to buildina Height of Principal Structures eave or top of a flat built-up roof. measured Maximum Actual Heiaht of Principal Structures from the first habitable floor elevation, bv 56 Feet NFIP standards. Parapets on flat roof can be no more that 5 feet in heiaht. Maximum Height of Accessory Screen Same as principal structure, not to exceed 35 Enclosures feet Maximum height of all other accessory structures 4a 26 feet, but in no case hiaher that the main buildina. Parking Standards All uses 1 space per dV':elling unit. Parkina standards Parkina standards as reauired bv sections 4.05.02 and 4.05.03 of this Code. * Shall be ten feet from the property line to the building footprint. B. Specific Design Requirements 1. There shall be no visible parking area from the frontage road. Parkina areas shall not be visible from Bavshore Drive. 2. Buildings and their elements shall adhere to the following: 1. Text underlined is new text to be added. 2. Text strikothrough is current text to be doleted. 168 Bayshore Mixed Use District 1/25/06 a. Street-facinq facades of multi-family B,Quildings shall be divided using articulation and/or modulation at least every sixty (60) eighty (80) feet facade modulation is stepping back or extending forward a portion of the facade at least five (5) ~ ~ feet measured perpendicular to the front facade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. b. The primary residence entrance shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. c. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. d. All mechanical equipment must be screened with a three (3) foot high ~ spaced three (3) feet on center or an opaque fence or wall at a aRy heiqht which is 4-2 18 inches above the top of the equipment. to completely screen the mechanical equipment. e. Stem 'Nail construction is required, no monolithic construction is allo'Ned. e. Landscapinq and buffer requirements for new residential development as required by section 4.06.00 of this Code. BMUD Fiqure 4- Tvpical Front Elevation. Residential Development (For illustrative purposes only) S'II1fIIO FaniiiyCJOlM:lled 7Ml SIcry SI1lQ/* AimIIy 0e/tJ0hed T"", FfIfIIIy l~l TM> Slaty. TM> FfIfIIIy I Dupiex --- TownI1ouse: Slnglo FMJIJy A1bJched ApettmenU: MuIII-FemIy 3. Buildings shall adhere to the following elevation requirements: a. The first habitable floor at the street facade may not be greater than one (1) foot three (3) feet over the minimum first floor elevation designated in the National Flood Insurance Program (NFIP) Flood Insurance Rate Map. by the Federal Emergency m::m3gement Agency (FEMA). l\ maximum of f.orty (40) percent of the first habit3ble floor may be greater than one (1) f.oot over the FEMA designated minimum first floor elevation. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 169 Bayshore Mixed Use District 1/25/06 b. A maximum of two feet of fill shall be allowed on site towards meetina NFIP requirements. Additional NFIP finished habitable floor heiQht requirements shall be accomplished throuQh stem wall construction. Stem walls shall be finished in material and color complimentary to the main structure. c. Open stilt-type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. g. The garage floor shall not exceed twenty-four (24) inches above the elevation of the right of way crown of road from which it is accessed. 4. Front porches that shall adhere to the following~~ standards may encroach seven (7) feet into tho front yard setback if the structure is located on the Minimum Front Yard Setback (10 feet) with an additional three (3) foot encroachment allov:able for entry stairs. ~ Front porches may encroach seven (7) feet into the front yard setback if the structure is located on the Minimum Front Yard Setback (10 feet) with an additional three (3)-foot encroachment allowable for entry stairs. BMUD Fiaure 5: Front Porches (For illustrative purposes onlv) P~_"_DJaeOtt7PT 7 Into Frantv........... '0" M...1mum Pront v.... ....... 1m 'I I i I I I I I I I I I I I L _ _,_,_ _ LbLb .-. p- PorChes 40% of Front Facad. ..... ab. Front porches must cover a minimum of forty (40) percent of the horizontal length of the front yard facade of the primary residence. bc. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. Gd. Front porches shall not be air oonditioned nor enclosed '.\lith glass, screen, or other material. Front porches shall not be air-conditioned nor enclosed with glass, SGfeefl plastic, or other materials. Screenina the porch is allowed as lona as the moldinas that hold the screen material matches the material and desian character of the structure. de. Front S-~econd-story porches are encouraged, but no enclosed room is permitted above the front porch. 1. Text underlined is new text to be added. 2. Text strikethreugh is current text to be deleted. 170 Bayshore Mixed Use District 1/25/06 5. Garages and driveways. 3. The re3r setback may be reduced to ten (10) feet if a front access garage is constructed on the rear of the residence. &-a. Garage doors shall have a maximum width of sixteen (16) feet. c. Only one dri'.'ow3Y is allowed per fifty (50) linear feet of front property line. The driveway shall have a maximum width of eighteen (18) feet in tho right of way area. €l-:-b. The driveway shall have a maximum width of eiqhteen (18) feet in the riqht of way area. Other than the permitted driveway. the front yard may not be paved or otherwise used to accommodate parkinq. e. Garages shall be recessed a minimum of three (3) feet behind the front facade of the primary residence. BMUD Fiqure 6: Garaqe Drivewav (For illustrative purposes onlv) Gllrage t ~ I Sid_lk f No carports arc pormitted. C. No freestandinq carports are permitted. Carports and porte-cochere must be attached to the main structure and of similar materials and desiqn as the main structure. d. The distance from the back of the sidewalk to the qaraqe door must be at least 23 feet to allow room to park a vehicle on the driveway without parkinq over the sidewalk. Should the qaraqe be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the qaraqe door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 1. Text underlined is new text to be added. 2. Text strikethrough is current text to be deleted. 171 Bayshore Mixed Use District 1/25/06 BMUD Fiaure: 7 Porte-eoehere (For illustrative purposes only) _.- _.- _._-- - - - ., . i fli . . I I . I I I I I I I I I I I ~... l __,,,.,"-,.,- ~~,~ - i -"? \0", -~, ml,'," I, i----t-:s. /,-- ---\- --.-," \' ~'-~ --'-- Z ,\'- "-, Z'\\:7' '___V' ~ Q." Accessory Unit An accessory unit is a separate structure located at the rear of on the property and related to the primary residence (sinqle-family detached only) for uses which include, but are not limited to: hlibrary, studio, workshop, playroom, screen enclosure. QaraQe. swimminQ pool or Questhouse gtIe&t quarters. Ovmorship of an accessory unit shall not be transferrod independontly of the primary residonco. a. Ownership of an accessory unit shall not be transferred independently of the primary residence. a.b. Only one (1) accessory unit of each type is permitted per principal structure. !:he. The maximum area of an accessory unit is 550 square feet, limited to one (1) habitable floor. &.-d. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. €he. The maximum height of a structure containing a Questhouse tIRit over a garage is limited to a maximum of fifteen (15) twenty (20) feet, measured from the level of graded lot to the eave, and with a maximum 9Vefa# actual building height of twenty-six fetIf (26) ~ feet to the top of the roof. ^ structuro containing only a guest unit is limited to one (1) story and ten (10) foot, measurod from the FEM/\ first habit3ble floor height roquirement to the 03VO, 'Nith a maximum ovorall building hoight of sixteen (16) foot to the top of tho roof. 1. A structure containinq only a quest unit must meet the NFIP first habitable floor ~ elevation requirement. The maximum actual buildinq heiqht shall not exceed twenty-six (26) feet to the top of the roof. 1. Text underlined is new text to be added, 2. Text ctrikothr<Jugh is Durrent text to bo deletod. 172 Bayshore Mixed Use District 1/25/06 e For purposes of calculating density, an acceE:cory unit will count as one half (%) 3 d'Nelling ~ Table 13: Setbacks for Accessory BuildinQs and Structures Buildina I Structure Front Rear Side Librarv SPS* 10 feet SPS* Studio SPS* 1 0 feet SPS* WorkshoD SPS* 15 feet SPS* Swimminq pool and/or SPS* 1 0 feet SPS* screen enclosure Plavroom SPS* 1 0 feet SPs* Garaae SPS* 1 0 feet SPS* Garaae Guesthouse above SPS* 15 Feet SPS* Guesthouse SPS* 15 Feet SPS* *SPS - Same as principal structure 7. Fencing forward of the primary facade of the structure is permitted subject to the following conditions: a. The fence shall 00e& not exceed 42 inches four (1) feet in height. b. The fence shall have an opacity ranqe of 18% to 50% is not opaque but provides an open >Aew c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, composite, stucco block or metal H:eR-. e-: ^ masonry '...,311 is permitted and shall not exceed three (3) feet in height. ~ Fencing and walls must 3rchitecturally complement the primary structure. as determined by the County M3n3ger or designee. BMUD FiQure 8- Permitted Typical FencinQ (For illustrative purposes only) 1. 1\ cite development plan pursuant to Chapter 10. C. Specific standards for bed and breakf3st lodging as a conditional use: 173 1. Text underlined is new text to be added. 2. Text stril{ethrough ic current text to be deleted. Bayshore Mixed Use District 1/25/06 2. Minimum number of guest rooms or suitm: is two (2) with a m3ximum number of six (6). Guest occupancy is limited to 3 maximum stay of thirty (:30) d3YS. The minimum sizo of bedrooms for guest occupancy shall be 100 square f-eet. 3. II-Jo cooking facilities shall be allowed in guest rooms. 1. Sep3r3te toilet facilities for the exclusive use of guests must be provided. J\t least one (1) bathroom for each two (2) guestrooms shall be provided. 5. All automobile parking areas shall be provided on site based upon a minimum of t'NO (2) spaces plus one (1) space for each two (2) bedrooms. /\11 other applic3ble provisions of this LDc relative to parking facilities shall 3pply. 6. One (1) sign with a maximum sign area of four (1) square feet containing only the n3me of the proprietor or n3me of the residence. sign lettering Sh311 be limited to two (2) inches in height and shall not be illuminated. 7. /\n on site manager is required. 8. The facility shall comply with all business license, certifications, and health I3ws of Collier County and the State of Florida. 1. Text underlined is new text to be added. 2. Text ctrikothrough is curront text to be doleted. 174 Bayshore Mixed Use District 1/25/06 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2) A. The purpose of this Subdistrict is to encouraoe the development of multi family residences 3S tr3nsition31 uses between commercial 3nd sinqle f3milv developmont. A.g. Desion Development Standards for the subdistrict are the same as those set forth for tHe Residential ~ubdistrict 1, unless set forth specified below. Table .:t-J14. Setback Standards for BMUD Residential Subdistrict (R2) Setbacks Min. Front Yard ~ Min. Side Yard Min. Rear Yard One (Single) Family 25 feet~ 7.5 feet 15 feet Detached Dwelling Units Two Family I Duplex 25 feet~ 6 feet unless abutting 15 feet Dwelling Units single family unit, then 7.5 feet Townhouse 25 feet~ 6 feet unless abutting 15 feet single family unit, then 7.5 feet Multi- Family (Three 25 feet~ 6 feet unless abutting 15 feet or more) Dwelling single family unit, then Units 7.5 feet *Sh311 be 25 feet from the propertv line to the buildinq footprint. 4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3) A. The purpose of this fu!.!;!district is to allow fQr. the development of mobile home, modular home, townhouses and single f3mily residences. /\11 new devolopment in this Subdistrict shall be compatible with the building patterns and facade articulation of tradition31 neighborhood design. Tho intent is to create a row of residential units with com;istont front Y3rd setbacks and access to the stroet. Development standards for this subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. B. Minimum Lot Width Single-family detached 40 feet Modular homes 10 feet Townhouses 25 feet Mobile homes 10 feet C. Yard Requirements. Front Yard At Minimum Side Yard Minimum Rear Yard One (Single) Family 1 0 feet* 5 feet 8 feet Modular Detached Dwelling Dwelling Units Units Modul3r Dwelling 4-G--feet &-feet 8-fee.t .\JfHts Townhouse 10 feet* o feet when abutting 8 feet another townhouse, if not then 5 feet. Mobile Homes 10 feet* &-feet 8-fee.t * Shall be 10 feet from the property line to the outer wall of the buildinq footprint. 1. Text underlined is new text to be added. 2. Text strikothrough is current text to be deloted. 175 Bayshore Mixed Use District 1/25/06 <1.02.21 Same Developmont in tho 8MUD Residential Neighborhood Commercial Subdistri~t (RNC) ^ , ,.. Home occupation in soction 5.02.00 of tho LDc, Sh311 apply unless speoifiod otherwise below. developmont st::mdards for tho subdistrict 3ro tho same as those set forth for tho residentbl subdistrict 2, unless otherwise set forth beIO\~:. B. The home oocup3tions pormitted include: Accounting (8721), auditing and bookkeeping servicos (8721). barber shops and beauty salons (72:31 except beauty culture schools, cosmetology schools, or barber colleges), enginoor or architectural servicos (871 d, 8712, 8711), insuranco 3gonts 3nd brokers (6411), legal services (8111), 3nd re::11 estate 3gents (6531 except mobilo home brokers, on sito; housing authorities, operating). c. The home occupation shall be c1e3rly incidental to and second3ry to the use of the dwelling for residential purposes and shall not change the char3ctor of the dwelling unit. The follO'.\'ing conditions Sh311 be met: 1. Thoro Sh311 bE) 3 minimum of one (1) residential dwelling unit. 2. The resident of the home shall be the owner and operator of the home occupation. 3. The home occupation shall not occupy more than (thirty) 30 percent of the primary residential structure. 1. The home occupation shall not employ more th3n two (2) employees 3t 3ny given tiffi&.. 5. Ono (1) \\1311 sign Sh311 be permitted provided it does not oxceod six (6) squaro feet in area, and shall not project more than four (1) foot from the building on which the sign is attached. 6. /\ total of 1'0\'0 (2) parking spaces shall be provided for clionts or customors. Two (2) additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the front yard of the residence. 7. Parking 3rE)3S shall consist of a dust free surface such 3S: Mulch, shell, or asphalt. ^ single row hedge at least twenty four (21) inches in height at the time of planting shall bo roquirod around ::111 p3rking areas. 8. Thoro Sh311 be no 3dditional drive'Nay to serve such homo occupation. 9. Thore Sh311 not be outdoor storage of materi31s or oquipment usod or associated with the home occup3tion. 4.02.21 DesiQn Standards for Development in the BMUD--Residential Subdistrict (R4) A. Development standards for the Residential Subdistrict R4 are the same as those set forth for the Residential Subdistrict R2, except only sinole-family uses are permitted. 1. Text underlined is new text to be added. 2. Text strikethrough ic currant te)Q to be doloted. 176 Bayshore Mixed Use District 1/25/06 10.03.05 Notice Requirements for Public Hearings By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. G. Notice and public hearinQ requirements where proposed resolution by the board of county commissioners would approve a mixed use proiect (MUP) located in a mixed use district overlay. In cases in which the applicant requests approval of a mixed use proiect (MUP) under the provisions of a mixed use district overlay. with or without requested allocation of bonus density units, where applicable, the mixed use project shall be considered for approval pursuant to the followinq public notice and hearinQ requirements by the board of county commissioners. 1. The board of county commissioners shall hold one advertised public hearinq on the petition to approve a mixed use project for property located in a mixed use district overlay. The public hearinQ shall be held at least 15 days after the day that an advertisement is published in a newspaper of Qeneral paid circulation in the county and of oeneral interest and readership in the community. 2. At least one Neiqhborhood Informational MeetinQ (NIM) shall be conducted by the applicant (in conjunction with the overlay area advisory board, where such advisory board exists) before the public hearino by the board of county commissioners. Written notice of the meetino shall be sent by applicant to all property owners who are required to receive leQal notification from the County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County staff planner, or desionee, must also attend the neiohborhood informational meetinQ; however, the applicant is required to make the presentation on the development plan of the subject property. 3. The applicant shall further cause a display advertisement. one-fourth paQe, in type no smaller than 12 point: which shall not be placed in that portion of the newspaper where leqal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neiqhborhood informational meetino. The ad shall state the purpose, location, and time of meetinQ, and shall display a leQible site location map of the property for which the mixed use project approval is beinQ requested. 4. The applicant shall post the subiect property with an outdoor sion at least ten days prior to the date of the public hearinQ before the BCC. The siQn to be posted shall contain substantially the followino lanQuaQe and the siqn's copy shall utilize the total area of the siqn: a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE PROJECT TO PERMIT: (Name of Project) (Number of acres) DATE: TIME: ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FL 34112. 5. The area of the siQn shall be as provided in section 10.03.05 B.3.d. of this Code. 6. Criteria for Mixed Use Project Approval The followinq criteria must be met in order to Qain approval for mixed use proiects developed in accordance with provisions of a mixed use overlay. 1. Text underlined is new text to be added. 2. Text strilwthrough is current text to be doleted. 177 Bayshore Mixed Use District 1/25/06 a. No less than sixty percent of all cemmercial uses within a mixed use project shall provide retail. office and personal service uses to serve the needs of the subject proiect and surroundinQ residential neiQhborhoods. b. No more than 25 percent of the residential units within a mixed use proiect shall be on Qated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use proiect. c. Mixed use projects shall connect to local streets. adioinino neiqhborhoods and adiacent developments, reqardless of land use types. A Qrid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adioinino neiohborhoods and land uses shall be provided for pedestrian. bicycle and other modes of alternate transportation. d. The commercial component of a mixed use proiect may be located internal to the proiect or alono the boundary; if externally located. internal access roads and service access shall be provided so as not to promote strip commercial development alonQ external collector and arterial roadways. e. Parkino lots shall be dispersed throuohout the proiect. No one parkinQ lot shall provide more than 40 percent of the required offstreet parkino. ParkinQ Qaraoes shall have no restrictions on percentaoe of required parkino that may be accommodated: however, commercial uses only shall be permitted on the oround floor. This requirement shall not apply to individual parcels less than 5 acres in size. f. At least 30 percent of the qross area of mixed use proiects shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less than 5 acres in size. 1. Text underlined is new text to be added. 2. Text ctrikethrough is curront text to bG deletod. 178 Gateway Triangle Mixed Use District 1/25/06 LDC Amendment Request ORIGIN: Bayshore / Gateway Triangle Area Advisory Board AUTHOR: David Jackson Executive Director, Bayshore / Gateway Triangle Area DEPARTMENT: Collier County Community Development Agency Bayshore / Gateway Triangle Advisory Board AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: New District Gateway Triangle Mixed Use Overlay District: Chapter 2 and Chapter 4 LDC/UDC SECTION: LDC 2.03.07 N, LDC 4.02.35, 4.02.36, 4.02.37, and Section 1.8.02 LDC SUPPLEMENT #: N/A CHANGE: New Overlay District REASON: Requested by Bayshore / Gateway Triangle Area Advisory Board FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle Redevelopment Overlay in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan, and Bayshore Drive Mixed Use Overlay District GROWTH MANAGEMENT PLAN IMP ACT: The modification of this Zoning Overlay District further implements the Bayshore/Gateway Triangle Redevelopment Overlay in the FLUE. OTHER NOTESNERSION DATE: This version originally created on June 10, 2005, and modified after meeting with Collier County CDES & Transportation personnel., on July 13, and modified after meeting with DSAC on August 3, and modified based upon CDES staff comments dated Aug 10, 2005 and changes made after CCPC LCD meetings on September 21 st and 30th and December 15 and January 5. Amend the LDC as follows: 1. Text underlined is new text to be added 2. Text strikethrough is Gurrcmt text to be deleted 179 Gateway Triangle Mixed Use District 1/25/06 1.08.01 Abbreviations GTMUD: Gateway TrianQle Mixed Use District 1.08.02 Definitions Front Yard Build-fo-Line - The line to which a buildinQ facade must be built. not a minimum distance. Sfreefscape Zone The streetscape zone is the space between the Front Yard Build-to-Line and the property line. 2.03.07 OVERLAY ZONING DISTRICTS N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT. Special conditions for the properties in and adiacent to the Gateway TrianQle as referenced on GTMUD Map 1: and further identified by the desionation "GTMUD" on the applicable official Collier County Zonino Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encouraoe revitalization of the Gateway TrianQle portion of the Bayshore / Gateway Trianole Redevelopment Area with Traditional Neiohborhood DesiQn (TND) proiects. TNDs are typically human-scale, pedestrian-oriented, interconnected proiects with a mix of commercial uses includinQ retail, office and civic amenities and residential that complement each other. Residential uses are often located above commercial uses, but can be separate area of residential only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. BuildinQs are located near the street with on street parkinQ and off street parkino on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development. encouraQe on-street parkinQ and shared parkinQ facilities and provide appropriate landscapino and bufferino between the various types of uses: and protect and enhance the nearby Shadowlawn residential neiohborhood. The types of uses permitted are hotels, retail. office. personal service and residential uses. 2. Applicability a. These reQulations shall apply to the Gateway Trianole Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the desiQnation "GTMUD" on the applicable official Collier County Zonino Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlyino zoninQ classification. b. Existino Planned Unit Developments (PUDs) are not included in the Gateway TrianQle Mixed Use District requirements: however, PUDs approved after [the effective date of this ordinance] are included in the Gateway TrianQle Overlay District and must comply with the requirements stated herein. C. Property owners may follow existinQ Collier County Land Development Code reQulations of the underlyinQ zoninQ classification. or may elect to develop/redevelop under the mixed use provisions of the GTMUD Mixed Use (MXD) Subdistrict of this overlay, throuQh a mixed use project approval from the BCC. However, in either instance. GTMUD site development standards are applicable. as provided for in section 2.03.07 N.5.d. of this Code. 1. Text underlined is new text to be added 2. Taxt strikothrough is current text to Be delated 180 Gateway Triangle Mixed Use District 1/25/06 GTMUD Map No.1 n L ~ I ~n GTMUD-MXD (C-5) L-......._ II . UD-MXD . (C-4) , , . . I Ind I [nli OnlUD-R (RMF-ll) {RSF-4} GnlUD-R R..ldMU.1 Subcll8lrlct \l~ NOR1li Gateway Triangle Mixed Use Overlay District GnlUD-IIXD Mbald U.. Subdlstric:l (XXX) Under LyIng Zoning Dlatricls Future Land Use ~ Activity Center 16 . . . . eRA Boundary .. .. .. ~ /' d "-~{ 11 1. Text underlined is new text to be added 2. Text strikothrough is current toxt to be deleted 181 Gateway Triangle Mixed Use District 1/25/06 3. Mixed Use Proiect Approval Process. a. Owners of property in the Mixed Use Subdistrict (GTMUD-MXD) may petition the Board of County Commissioners for mixed use proiect approval. The application for a MUP approval shall acknowledoe that the owner shall not seek or request and the County shall not thereafter Qrant or approve. any additional uses beyond those allowed in the C-1 throuoh C- 3 zonino districts. The application shall be accompanied by a conceptual site plan demonstratinQ compliance with the criteria in sectien 10.03.05.G. b. There shall be a public hearino before the BCC leoally noticed and advertised pursuant to section 10.03.05.G. If approved by the BCC, such approval shall be by resolution. c. Once a Mixed Use Proiect has been approved by the BCC, the applicant shall submit a site development plan (SDP), based on the conceptual site plan approved by the BCC and meetino the requirements of section 10.02.03 B.1. of this Code, to the Community Development and Environmental Services Division within six months of the date of approval. This SDP must be determined as sufficient and accepted for review by the Division within 30 days of submittal. After the SDP has been approved, the approved proiect shall be identified on the Collier County official zoninQ atlas map, usinQ the map notation MUP. If a MUP approval expires. as set forth below, the map notation shall be removed from the official zonino atlas map. The burden is on the applicant to submit an SDP application in a timely manner, to be responsive to the County's SDP review comments, and to commence construction in a timely manner after SDP approval has been oranted. d. MUP approval shall expire and any residential density bonus units shall be null and void if any of the followinQ occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submittal. iii. The SDP under review is deemed withdrawn and cancelled. pursuant to section 10.02.03.B.4.a. iv. The SDP is considered no lonoer valid, pursuant to section 10.02.03.B.4.b. and c. e. Once a property owner. throuqh a MUP approval. elects to develop or redevelop a mixed use proiectunder the Mixed Use Subdistrict CGTMUD-MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlyino zonino district. 4. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are available for reallocation within the Bayshore/Gateway TrianQle Redevelopment Overlay. The County ManaQer or desjQnee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this GTMUD overlay and the Bayshore Mixed Use Overlay District. and shall only be allocated throuoh the MUP approval process. To Qualify for 12 dwellinq units per acre. proiects shall comply with the followinq criteria. The density of 12 dwellinQ units per acre is only applicable until the bonus density pool has been depleted. a. The proiect shall be within the Mixed Use Subdistrict. and shall be a mixed use proiect - mix of commercial and residential uses. 1. Text underlined is new text to be added 2. TElxt GtrikElthrougtl is surront text to be cjelotEld 182 Gateway Triangle Mixed Use District 1/25/06 b. Density shall be as per the underlyino zonino district. The maximum density of 12 units per acre shall be calculated based upon total project acreaQe. The bonus density allocation is calculated by deductinQ the base density of the underlyinQ zonino classification from the 12 unit maximum. The difference in units per acre determines the bonus density allocation requested for the proiect. c. For proposed proiects outside the Coastal HiQh Hazard Area (CHHA), {-as depicted on the Future Land Use Map of the Growth Manaoement Plan, any eljoible density bonuses. as previded in the Density RatinQ System of the FLUE, are in addition to the elioible density bonus provided herein. d. For proposed proiects within the CHHA, only the Affordable Housino Density Bonus, as provided in the Density RatinQ System of the FLUE, is allowed in addition to the elioible bonus density units provided herein. e. Properties must be Iyino south of Davis Blvd. and west of Airport-Pullino Road. f. The project shall comply with the standards for mixed use development set forth in the Gateway Trianole Mixed Use Overlay District. Q. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density RatinQ System and applicable FLUE Policies. 5. Gateway TrianQle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this Subdistrict is to provide an option to current and future property owners by encouraQinQ a mixture of low intensity commercial and residential uses on those parcels with frontaQe on US 41. the south side of Davis Boulevard. and Airport Pullino Road. Included also is the "mini trianole" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East. Developments will be pedestrian-oriented and reflect buildinQ patterns of traditional neiQhborhood desion. For mixed use projects only. subject te the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlyinQ zoninQ district. b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is to encouraqe the development in the Shadowlawn neiohborhood a mixture of residential housinq types. Refer to Tables 1 and 2 for permitted uses in this Subdistrict. c. Mixed Use Activity Center Subdistrict. Portions of the Gateway TrianQle Mixed Use District coincide with Mixed Use Activitv Center #16 desiQnated in the Future Land Use Element (FLUE) of the Collier County Growth Manaoement Plan. Development standards in the activity center is Qoverned by requirements of the underlyino zoninQ district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in Chapter 4.02.35 Site Development Standards. d. All Subdistricts. Development within all Subdistricts of the GTMUD shall be subject to the site development standards as stated in sections 4.02.35 and 4.02.36, as applicable, The subdistrict site development standards shall also apply to property developed in conformance with the underlyino zoninQ classification. 1. Text underlined is new text to be added 2. T oxt strikothrough ic GUrroAt text to be Eielotod 183 Gateway Triangle Mixed Use District 1/25/06 Table 1. Permissible Land Uses in Each GTMUD Subdistrict p= permitted GTMUD E = permitted with certain >- 5 exceptions 0:: ~ Blank cell = prohibited (also 0 LlJ see table of conditional and ~ accessory uses) fij C ~ >< Ii: SE ~ ;;;;; - LlJ - (.) ,.J (.) .;:: ~ ';:: - - III ~ III :s ~ :s .c e: .c ::l ::l VJ VJ CIl >- .... Q) '1ii "0 ~ III ; 0 (.) ::) c ~ Q) Land Use Type or CateQory (,) ~ "0 "0 Q) 'w (,) ~ .~ en ~ Q) ::liE IX: Accountina Services 8721 P Administrative Service Facilities Adult Day Care Facilities & 8322 Centers AQricultural Activities Aaricultural Outdoor Sales AQricultural Services 0741,0742.0752- 0783 Aqricultural Services 0711.0721,0722- 0724. 0762, 0782, 0783 Aoricultural Services 0723 Aircraft and Parts 3721-3728 Airoort - General Aviation Amusement & Recreation 7911,7991 Services Amusement & Recreation 7999 tourist Services auides on Iv Ancillarv Plants Apparel & Other Finished 2311-2399 Products Apoarel & Accessorv Stores 5611-5699 P Appraisers P Architectural. EnQineerinQ, 0781.8711-8713 E Surveyino Services Assisted LivinQ Facilities Attorney Offices & LeQal 8111 E Services AuctioneerinQ Service, Auction 7389.5999 Rooms and Houses Auto and Home Supply Store 5531 P Automobile Parkina 7521 P Automotive Repair, Services. 7514.7515.7521, and ParkinQ 7542 1. Text underlined is new text to be added 2. Toxt GtrikethFGlIgh ic; cLlrront text to bo deleted 184 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain ). oq: exceptions -J a:: ~ Blank cell = prohibited (also 0 see table of conditional and LLI CI) accessory uses) ;:) Cl ~ C ~ ~ x ~ ::=: - LLI - U -J U ';: C> .;: - - rn :c: rn :a :a S .0 .0 e: ::::I ::::I CJ) CJ) Q.) ). I- Ql cu " ~ rn :;::; 0 (,) ::::> c: ~ Ql Land Use Type or CateQory u ~ '0 ~ Ql ~ ~ .~ rn (; Ql CJ) Cl :!: 0:: Automotive Repair, Services, 7513-7549 and Parkino Automotive Services Automotive Dealers and 5511,5531,5541, Gasoline Service Stations 5571,5599 Barber Shoos or Colleoes 7241 Beautv Shoos or Schools 7231 BikinQ Trails Bowlino Centers 7933 Buildino Construction 1521-1542 BuildinQ Materials 5211-5261 BuildinQ Materials. Hardware, 5231 - 5261 Garden Suoolies Business Associations 8621 Business Repair Service P Business Services 7311,7313,7322- E 7331,7338,7361, 7371 ,7372,7374- 7346, 7379 Business Services 7311-7313,7322- E 7338.7361-7379, 7384 Business Services 7311 ,7313, 7322- 7338, 7384 Business Services 7311-7313,7322- E 7338,7361-7379, 7384, 7389 Business Services 7311-7352,7359. 7361-7397,7389 Business Services 7311-7353 7359 Business Services 7312,7313,7319, 7334-7336,7342- 7389 Business Services 7311 Business Services 7312.7313.7319, 7331,7334-7336, 1. Text underlined is new text to be added 2. Text clril<ethrough ic current toxt 10 be eeletod 185 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- ~ exceptions .... ffi :s Blank cell = prohibited (also 0 see table of conditional and l.U CI) accessory uses) :::> 53 6 ~ >< ~ - ~ ::15 ;;;;; - l.U - CJ .... CJ .;:: ~ ';:: - - rn ::: rn :s :s S ..a ..a e: ::I ::I C/) C/) Q) >- I- CIl iij "C ~ rn ;: 0 0 :;:) s:: ~ CIl land Use Type or CateQory U ~ 'C 'C CIl "iij U ~ >< (j) ~ :i CIl 0::: 7342,7349,7352, 7361, 7363. 7371- 7384 7389 Business Services 7311.7313,7322- 7331 ,7335-7338, 7361,7371.7374- 7376 7379 Business/Office Machines Canoe Rental Canoeinq Trails Care Units P Carwashes 7542 Cateqory II Group Care Facilities Child Care - Not for Profit Child Day Care Services 8351 P Churches & Places of Worshio P Civic and Cultural Facilities Collection/Transfer Sites Commercial Printino 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavv Construction - Special Trade 1711-1793,1796, Contractors 1799 Construction - Special Trade 1711-1799 Contractors ContinuinQ Care Retirement Communities Deoositorv Institutions 6011-6099 Depositorv Institutions 6011. 6019, 6081, 6082 Depository Institutions 6021-6062,6091 , 6099,6111-6163 1. Text underlined is new text to be added 2. Toxt Gtrikethrougf:l is current text to be deleted 186 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- 'or:( exceptions -.I Iii :s Blank cell = prohibited (also 0 see table of conditional and LlJ CI) accessory uses) ::::>> Q ~ C ii: ~ >< ~ ;;: LlJ - - lJ -.I lJ .;:: ~ .;:: - - .!!! :ii!: .!!! 1::1 S 1::1 ..c ..c e: :::s :::s C/) C/) CI) >- I- Gl iii "'C ~ In ;:; 0 (.) ::l c: ~ Gl Land Use Type or CateQory u ~ 1::1 1::1 Gl 'iij 5:2 <3 ~ .~ Gl UJ Q :E 0::: Depository Institutions 6021-6062 Drinkino Establishments and 5813 .E Places Druq Stores 5912 Druos and Medicine 2833-2836 Duolexes DwellinQ Units P P EatinQ Establishments and 5812 .E Places Educational Plants P Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 Educational Services 8211-8244, 8299 Electronic Equipment & Other 3612-3699 Electrical Equipment EnqineerinQ. Accountino, 8711-8748 .E ManaQement and Related Services EnQineerinq, Accountinq, 8711-8713 Manaoement and Related Services Equestrian Paths Essential Services' .E .E Excavation Fabricated Metal Products 3411-3479,3419- 3499 Fairarounds Familv Care Facilities FishinQ Piers Fish ino/H u nti nalTraooi no 0912-1919 Fixture Manufacturino Food ManufacturinQ 2034, 2038, 2053, 1 For requirements Dertaininq to Essential Services. see section 2.01.03 of this Code. 1. Text underlined is new text to be added 2. Text ctrikethrol,Jgt1 is curront text to be doleted 187 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- ~ exceptions .... ffi :s Blank cell = prohibited (also 0 see table of conditional and llJ CI) accessory uses) :::l fil i5 ~ >< ii: 5il ~ ::: - llJ - u .... u .~ (.!) .~ - - 1II ~ 1II =s =s S .Q .Q l: :::l :::l en en Gl >- I- ell iij "0 ~ 1II ;; 0 (,) ::l c: ~ ell Land Use Type or CateQory u ~ "C "C ell 'iij U ~ CI) >< en Q :i ell 0:: 2064,2066,2068, 2096 2098 2099 Food Products 2011-2099 Food Stores 5411 5421-5499 P Food Stores 5411-5499 P Fraternal Oraanizations Funeral Services and 7261 Crematories Furniture & Fixtures 2511-2599 Manufacturina Gasoline Services Stations 5541 5511-5599 P General Contractors 1521-5261 General Merchandise Stores 5311-5399 P Glass and GlazinQ Work 1793 Golf Courses Government Offices/Buildinos 9111-9222, 9224- 9229,9311,9411- 9451,9511-9532, 9611-9661 Group Care Facilities P Gunsmith Shoo 7699 Hardware Stores 5251 P Health Food Stores Health Services 8011-8049 P Health Services 8011-8049 8082 P Health Services 8051-8059,8062- 8069,8071,8072, 8092-8099 Heavv Construction 1611-1629 Hikina Trails Home Furniture, FurnishinQs, 5713-5719,5731- .E. Eauioment Store 5736 Home Furniture, FurnishinQs, 5712-5736 .E. Equipment Store Home Suoolv Store 5531 P Hotels and Motels 7011 7021 7041 P 1. Text underlined is new text to be added 2. Text ctrikethrough is current text to bo deletod 188 Gateway Triangle Mixed Use District 1/25/06 p- permitted GTMUD E = permitted with certain >- q: exceptions iE ~ Blank cell = prohibited (also 0 see table of conditional and IJJ CI) accessory uses) ;:) fij c ~ >< 1i: ~ ~ - - IJJ - () .... () .;:: ~ .;:: ~ - ~ tIl :a 'C S ..Q ..Q e: :J :J en en Q) >- .... Ql ili " ~ tIl .. 0 (.) ::> l:: ~ Ql Land Use Type or CateQory u ~ 'C 'C Ql 'Cij U ~ CI) .!:! en is Ql ~ 0::: Hotels and Motels 7011 Houseboat Rental 7999 Individual & Family Social .E Services Industriallnoroanic Chemicals 2812-2819 Industrial, Commercial, 3511-3599 Computer Machinery and Eouioment Insurance AQencies. Brokers, 6311-6399,6411 .E Carriers Insurance Aoencies. Brokers, 6311-6361 , 6411 Carriers Insurance aQents, brokers. and 6361 and 6411 service. includinQ Title Insurance InvestmenUHoldino Offices 6712-6799 Job TraininQ & Vocational 8331 Services Justice Public Order & Safetv 9221 9222. 9229 Labor Unions 8631 Labor Pool 7363 Lakes Operations 7999 Laroe Aooliance Reoair Service 7623 P Leather Products 3131-3199 Libraries 8231 Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426 2431-2499 Manaoement & Public Relations 8741-8743,8748 P Manaoement Services 8711-8748 P Marinas 4493,4499 P MeasurinQ, Analyzino and 3812-3873 Controllino Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and 8071 , 8072, 8092, Research & Rehabilitation 8093 1. Text underlined is new text to be added 2. Taxt ctrikethrough is Durrant text to be daleted 189 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- :3 exceptions ffi :s Blank cell = prohibited (also 0 see table of conditional and LlJ accessory uses) ~ fa c ~ >< - ~ ~ !!; - LlJ - l,,) ..... l,,) .;: (!) .;: - - III ~ III ;; ;; :$ .c .c e: ~ ~ U) U) CIl >- ... Ql "iij "C ~ III ;; 0 (,) ::> s:: ~ Ql Land Use Type or CateQory () ~ "C "C Ql 'iij () CI) >< en c; Q :i Ql c:: Centers Membershio Oraanizations 8611-8699 P Membershio Oraanizations 8311 8631 Membershio Oraanizations 8611 Membershio Oroanizations 8611 8621 Misc. Manufacturino Industries 3911-3999 Miscellaneous Plastic Products Miscellaneous Reoair Service 7629-7631 P Miscellaneous Reoair Service 7622-7641 7699 Miscellaneous Reoair Service 7622-7699 Miscellaneous Retail Services 5912 5942-5961 P Miscellaneous Retail Services 5912-5963 P Miscellaneous Retail Services 5912-5963. 5992- 5999 Miscellaneous Retail Services 5912, 5932-5949. 5942-5961 , 5992- 5999 Mobile Home Dealers 5271 Mobile Homes Modular Built Homes Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor FreiQht Transportation 4225 and Warehousino Motor Homes Multi-Familv Dwellinos P P Museums and Art Galleries 8412 P Nature Preserves Nature Trails Non-Depository Credit 6141-6163 .E Institutions Non-Depository Credit 6111-6163 .E Institutions Non-Deoositorv Institutions 6011-6163 Non-Depository Institutions 6011 , 6019. 6081, 6082 1. Text underlined is new text to be added 2. Text E:trikathrough is ol,Jrront toxt to be deleted 190 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- o:c exceptions ..,J 0:: ~ Blank cell = prohibited (also 0 see table of conditional and lij accessory uses) ~ Q ~ 0 " OJ X ~ ~ ;;;: - lij - (,.) ..,J (,.) .;: ~ .;: - - .!!! ~ III :c "C S .c .c e: ~ ~ C/) C/) ell >- ..... eu I1l "C ~ III :;:; 0 (,) :::> !:: ~ eu Land Use Type or CateQory u ~ "C ~ eu ~ ~ C/) .~ III Ci eu rJ) :E 0::: Non-Depository Institutions 6021-6062. 6091, 6099 6111-6163 Nursina Homes 8051 8052 8249 P Office Machine Repair Service 7629-7631 P Oil & Gas Exploration Ooen Soace Outdoor Storaae Yard Paint Glass Wallnaoer Stores 5231 P Paoer and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parkina Facilities P Parkina Services P Parks. Public or Private Parochial Schools - Public or .E Private 8211 Partv Fishina Boats Rental 7999 Personal Services 7291 P Personal Services 7212-7215.7221- 7251.7291 Personal Services 7212.7215.7221- .E 7251 Personal Services 7212 7291 Personal Services 7211. 7212. 72152 E'" 7216,7291.7299 Personal Services 7215.7217.7219. 7261 7291-7299 Personal Services 7211-7219 Personal Services 7215-7231,7241 Personal Services 7221. 7291 PhotoaraDhic Goods 3812-3873 Photoaraohic Studios 7221 P Physical Fitness Facilities 7991 P 2 Group 7299 limited to babvsittinq bureaus. c10thinq and costume rental. datinq service. depilatorv salons. diet workshops. dress suit rental. electrolvsis. qenealoqical investiqation service. and hair removal. 1. Text underlined is new text to be added 2. Told ~trikothrough is currant text to be doletod 191 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- q: exceptions .... ffi :::; Blank cell = prohibited (also 0 see table of conditional and ILl accessory uses) ~ fa c ~ >< - ~ ~ ~ - ILl - (,) .... U 'i: ~ "i: - - III <: III :c :c ~ .c .c ~ ::s ::s en en (I) >-1- Q) 'iij "0 ~~ III ;:; 0 :;:) c Q) land Use Type or CateQory U 1LI~ 'tl 'tl U ~cn Q) 'iij >< en ~a :i CI) c:: Physical Fitness Facilities Pickuo Coaches Plant and Wildlife Conservancies Plastic Materials & Svnthetics 2821 2834 Plav Areas and Plavarounds Pleasure Boat Rental Printino and Publishinq 2711,2712 Industries PrintinQ and Publishino 2711-2796 Industries Professional Offices 6712-6799.6411. 96311-6399,6531, 6541 ,6552.6553, 8111 Professional Oraanizations 8631 Public Administration 9111-9199.9229, 9311,9411-9451, 9511-9532,9611- 9661 Public Service Facilities- Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 P Real Estate 6521-6541 Real Estate 6512 Real Estate 6512-6514.6519, 6531-6553 Real Estate Brokers and 6531 Aooraisers Real Estate Offices 6531,6541,6552, 6553 Recreational Service Facilities Recreational Services - Indoor 7911-7941,7991- 7993, 7999 1. Text underlined is new text to be added 2. Text stril<othr-ough ic Gurrel1t text to be dEllotod 192 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- q: exceptions ....I ct: ~ Blank cell = prohibited (also 0 see table of conditional and LIJ CI) accessory uses) ;:) 0 ~ C Ii: C') >< ~ ~ ;;;; - LIJ - lJ ....I lJ ";:: (!) ";:: - - II) :;;: II) :c ::! :c ..c e: ..c ::s ::s (IJ (IJ Q) >- I- CIl ~ 'C ~ (,) II) "E 0 ~ ~ CIl land Use Type or CateQory U ~ "C "C CIl "w ~ ~ ~ "~ CIl fJ) 0 == c::: Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related 7699;; services, not elsewhere classified Research Centers 8093 Research Services 8732 Residential uses Retail Nurseries, Lawn and 5261 Garden Rubber and Misc. Plastic 3021.3052,3053 Products Safety Service Facilities Schools, public P Schools - Vocational 8243-8299 Security Brokers, Dealers, 6211-6289 .E Exchannes Services Shoe Repair Shops or 7251 .E Shoeshine Parlors Shootinn ranoe indoor 7999 Sinale-Familv Dwellinas P Social Services 8322-8399 Stone, Clay, Glass and 3221. 3251 , 3253, Concrete Products 3255-3273. 3275, 3281 Storaoe Svnthetic Materials 2834 Testina Services Textile Mill Products 2211-2221.2241- 2259,2273-289, 2297,2298 Timeshare Facilities Title abstract offices 6541 3 Antique repair and restoration. except furniture and automotive only, bicycle repair shops on lv, rod and reel repair. 1. Text underlined is new text to be added 2. Toxt f:trikethrough is current text to bo dolotod 193 Gateway Triangle Mixed Use District 1/25/06 p= permitted GTMUD E = permitted with certain >- q: exceptions ..,J ffi :s Blank cell = prohibited (also 0 IJ.I see table of conditional and (I) accessory uses) ~ ffi c ~ x ii: :E ! ~ - IJ.I - CJ ..,J CJ ";;: <!I ";;: - - III <: III :s :s :$ .c .c e: ::l ::l C/) C/) Q) >-.... Ql iij "'C ~~ III :;::; 0 ::::l c: Ql Land Use Type or CateQory () ~e: "0 "0 S:2 ....(1) Ql "Cij >< q:- :i Ql en <!IQ c::: Tow-in Parkina Lots 7514 7515 7521 Townhouses P P Transportation bv Air 4512-4581 Transportation Equipment 3714,3716,3731 , 3732. 3751. 3761 , 3764, 3769, 3792, 3799 Transportation Services 4724-4783 4789 Travel Aaencies 4724 Travel Trailers 5561 Two-Familv Dwellina P United States Postal Service4 4311 E4 Veterinarian's Officeo 0742 EO Veterinarian's Office 0752 P Videotaoe Rentalb 7841 e Vocational Rehabilitation 8331 Services Weldina Reoair 7692 Wholesale Trade 5148 Wholesale Trade - Durable 5021.5031,5043- Goods 5049, 5063-5078, 5091,5092,5094- 5099 Wholesale Trade - Nondurable 5111-5159.5181, Goods 5182 5191 Wildlife Conservancies 9512 Wildlife Manaaement 0971 Wildlife Refuae/Sanctuarv Wildlife Sanctuaries Watches/Clocks 3812-3873 Table 2. Land Uses that May be Allowed in GTMUD Subdistricts as Accessory or Conditional Uses. 4 Excludes maior distribution center. 5 Excludes outdoor kennelinq. 6 Limited to 1.800 square feet of Qross FLOOR AREA. 1. Text underlined is new text to be added 2. Toxt strikethrough is curront toxt to bEl doloted 194 Gateway Triangle Mixed Use District 1/25/06 Administrative or service buildin Adult da care A ricultural A ricultural services Amusement & recreation services Amusement & recreation services Amusement & recreation services Ancillar lants Animal control A uariums Archer ran es Assisted livin facilities AuctioneerinQ Services. auction rooms and houses 195 Q) 'C o U S:2 en 8322 0741. 0742. 0752- 7911 7911- 7941. 7991- 7993, 7948. 7992, 7996. 7999 8422 7999 7389, 5999 c >< a=: :e I I C C ::l ::l :e :e l- I- CI CI .Q. 1. Text underlined is new text to be added 2. Text strikothreugh ic currant text to be deloted Gateway Triangle Mixed Use District 1/25/06 Automotive dealers and asoline service stations Automotive rental/leasin Beach chair, bicycle, boat or mo ed rentals Bed & breakfast facilities Boathouses Boat ram s Boat ards Botanical arden Bottle clubs Cam in cabins Care Units Caretaker's residence CateQorv II Qroup care facilities Cemeteries Chemical roducts Child da care c CIl >< ex: "C :E I 0 I C U C :::I U :::I :E I- en :E t:) l- t:) 5521, 5551, 5561, 5599 7513, 7519 7011 8422 5813 2812- 8351 Churches & places of 8661 worshi Civic & cultural facilities Clam nurseries Cluster develo ment Cocktailloun es 196 5813 .Q C .Q ~ .Q 1. Text underlined is new text to be added 2. Toxt strilwthrough Ie curront text to be doleted Gateway Triangle Mixed Use District 1/25/06 Collection/transfer sites Commercial uses Communications Communication towers Communit centers Communit theaters ContinuinQ care/retirement centers Convenience stores Dancino establishments & sta ed entertainment Detention facilities Docks Drinkin establishments Drivin ran es Earthminino Eatin establishments 197 Q) "'C o U ~ en 4812- 4841 7922 5411 6011- 6099 Q 5813 5812 c >< 0::: :i: I 6 c :::l :::l :i: :i: l- I- C> C> 1. Text underlined is new text to be added 2. Text &trikethrough is current text to be deleted Gateway Triangle Mixed Use District 1/25/06 c CI) >< D:: "C == . 0 I C U C ;:) U ;:) == I- 00 == e> l- e> 8211- C Education services 8222 Education facilities: public 8211- Q. & rivate schools 8231 4911- 4971 Excavation 198 A 1. Text underlined is new text to be added 2. Text striketArClugh is current toxt to ee delated Gateway Triangle Mixed Use District 1/25/06 C = conditional use A = accessory use Gift sho s Golf club house Golf course Guesthouses Health services Homeless shelters Hos itals Hotels and motels Huntin cabins Incinerators Jails Justice. public order & safet Kennels & kennelin CI.l "C o U U en 5947 8011 8322 8062- 8069 7011, 7021. 7041 9211- 9224 0742. Kiosks Leather tannin Livestock Local and suburban transit Local and suburban transit Lumber and wood roducts 199 3111 4111- 4131- 2411- 2421. 2429 c >< e::: :!: I 6 c ;:) ;:) :!: :!: l- I- C) C) ~ 1. Text underlined is new text to be added 2. T ox! E:trikothrGlugh ic curront text to be doloted Gateway Triangle Mixed Use District 1/25/06 c Q) >< 0::: 'C ::!E 6 0 I () C :;, () :;, ::!E (i) ::!E l- I- e> e> Maintenance areas Q Maior maintenance facil ities 4493, Marina 4499 Mental health facilities Merchandise - outdoor sales Miniature olf course 7999 Model homes and model sales centers Motion icture theaters 7832 Motion icture theaters 7833 4212, 4213- Motor freioht transportation 4225, and warehousin 4226 Motor freioht transportation 4225. and warehousin 4226 Noncommercial boat launchin ram s 5261 8062 Q Nursin homes 1321, 1 Outdoor dis la Q Packin house Personal services 2611 7291 c Pa er and allied roducts 1. Text underlined is new text to be added 2. Text strikethrough ic current toxt to De doleled 200 Gateway Triangle Mixed Use District 1/25/06 Petroleum refinino and related Primar metal industries Private boathouse and k Private clubs Private landin stri s Recreational facilities Recreational services Refuse systems Rehabilitative centers Residential uses Restaurant lar e Retail shops or sales Rubber and misc. Plastic roducts Sanitar landfills 201 CIl "t:l o o ~ U) 2911- 2999 3312- 4953 8093 5812 5812 3061- 3089 c x a::: :!E I I C C :) :) :!E :!E l- I- C) C) 8 1. Text underlined is new text to be added 2. T oxt strikethrough iEl Gurrent text to be deleted Gateway Triangle Mixed Use District 1/25/06 Sawm ills Schools rivate Schools rivate Schools vocational Service facilities lants Social association or clubs Social services Sou kitchens Sports instructional camps or schools Staoed entertainment facilit Stone, clay, olass and concrete roducts Swimmin ublic Stera e enclosed Tennis facilities Textile mill roducts Transfer stations Veterinarian's office 202 Q) "C o U U Ci) 8243- 2011 8641 8322- 8399 3211, 3221, 3229. 3231, 3241. 3274. 3291- 3299 2231. 2261- 2269. 2295, 2296 4212 0741- c >< c:: ::5 I C C ::) ::) ::5 ::5 l- I- C) C) Q. Q. 1. Text underlined is new text to be added 2. Text E:trikethrough is Gurrsl1t text to be deletod Gateway Triangle Mixed Use District 1/25/06 C = conditional use A = accessory use Wholesale trade - nondurable oods c CIl >< 0::: "C :::iE . 0 I C U C ::l ~ ::l :::iE :::iE ~ en ~ C) C) 5015, 5051, 5052, 5093 5162. 5169, 5171, 5172, 5191 Wholesale trade - durable oods Zoo 4.02.00 SITE DESIGN STANDARDS 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT (MXD) A. Dimensional Standards Table 1. DesiQn Standards for the GTMUD Mixed Use Subdistrict Desion Standards Mixed Use Subdistrict Front Streetscape Zone Davis Boulevard. US 41. Airport-PullinQ Road and Commercial Drive 16 Feet Measured from back of curb to Front Build- If no curb exists as on Commercial Drive the Front to-Line. which includes existinQ sidewalk Streetscape Zone shall be 6.5 Feet from the Front area See GTMUD Fiqure 1 Property line. The Front Streetscape Zone shall also apply to any new buildinQs or structures in the C-1 throuQh C-5; ZoninQ Districts which under lay the GTMUD Mixed Use Subdistrict. Steps. and or ramps may encroach in to the Streetscape Zone but no more than 3 feet. Front Yard Build-to-Line Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the Front Yard Build-to- Line shall be 6.5 Feet from the front property line. 1. Text underlined is new text to be added 2. Text t:trikothrough it: current text to bo doletod 203 Gateway Triangle Mixed Use District 1/25/06 1:. The Front Yard Build-to-Line shall mean that line to The Front Yard Build-to-Line shall apply to which a buildina facade must be built. not a any new buildinQs or structures in the C- minimum distance. 1 throuQh C-5 Zonino Districts which under lay the GTMUD Mixed Use Subdistrict. 2. A minimum of 70 percent of the buildinQ's front facade shall be placed on the Front Yard Build-to- Line. The additional Front Facade has to be recessed a minimum of 3 feet from the Front Yard Build-to-Line. 3. A minimum 10 feet Step-Back from the Front Build- to-Line is required at the third floor and above. Other Streets in Mixed Use Subdistrict Front Yard Build-to-Line At the Front Pronerty Line. 1:. The Front Build-to-Line shall mean that line to which a buildinQ facade must be built, not a The Front Yard Build-to-Line shall apply to minimum distance. any new buildinQs or structures in the C-1 throuah C-5 Zonino Districts which under 2. A minimum of 70 percent of the buildinQ's front lay the GTMUD Mixed Use Subdistrict. facade at the Qround level shall be placed on the Front Yard Build-to-Line. The additional Front Facade must be recessed a minimum if 3 feet from the Front Yard Build-to-Line. 3. A minimum 10 feet Step-Back from the Front Yard Build-to-Line is required at the third floor and above. 1. Text underlined is new text to be added 2. Text strikethrough is currant text to be aeletoa 204 Gateway Triangle Mixed Use District 1/25/06 Minimum Setbacks Side yards - abuttinQ residential 10 feet Side vards - all other o or 10 feet minimum Rear yard 0-5 feet Waterfrone,~ 25 feet setback Minimum BuildinQ Separation o or 10 Feet Maximum Residential Density 1.:. For a mixed use proiect, 12 units per acre in the "Mini TrianQle" defined by US 41 East. Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. ~ For a mixed use proiect, 12 units per acre to include all areas of the Mixed Use Subdistrict except: . North side of Davis Boulevard . East side of Airport-Pullinq Road For these excepted areas, three units per acre, or as may be allowed by a rezoninQ pursuant to the Future Land Use Element. 3. Residential only proiects (not part of a mixed use development), per the underlyinQ zonino district, or as may be allowed by a rezoninq pursuant to the Future Land Use Element. Minimum Floor Area 700 square foot oross floor area for each buildino on the oround floor. Minimum Lot Area 80 000 Square feet Minimum Lot Width 400 feet Buildino Footprint A buildino with only commercial use is limited to a maximum buildinQ footprint of 20,000 square feet., except in Mini TrianQle maximum limit is 30,000 square feet. Buildina Heiaht of Story 14 feet of buildino heioht eouals one story Maximum HeiQht of Structures Properties developed in conformance with underlying C-4 and C-5 zoning classifications are restricted to maximum building height per section 4.02.01 A. Table 2. 7 Outdoors seatino areas. canal walkway. water manaoement facilities. and landscapino area may be located within the required setback. 8 To 3110\'1 the m3ximum UE:e of the 'NiJterfront, new conE:truction buildino placement on :3 lot C3n V:3ry from the required E:etbockE:. provided such vori:3tion je; 3PPrc:l'led by the County 1. Text underlined is new text to be added 2. Te>a ~rikethroll!ilh ic curront text to be deleted 205 Gateway Triangle Mixed Use District 1/25/06 Commercial Use Only Buildinos 3 stories or 42 feet to bottom of buildino eave or top of a Maximum Actual HeiQht of Structures = 56 flat built-up roof. measured to first finished floor Feet. elevation, by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiQht. Residential Use Only BuildinQs 3 stories or 42 feet or 4 stories or 56 feet if frontinQ on Maximum Actual HeiQht of Structures = 56 US 41 , measured to buildinQ eave or top of a flat built- Feet. UP roof, measured from the first floor elevation, by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiQht. Mixed-Use 4 stories or 56 feet measured to buildinQ eave or top of Residential over Commercial Use a flat built-up roof, measured to first finished floor BuildinQs elevation. by NFIP standards. Parapets on flat roof can Maximum Actual Heioht of Structures = 70 be no more that 5 feet in heioht. Feet. Hotel/ Motel 4 stories or 56 feet measured to buildinQ eave or top of Maximum Actual HeiQht of Structures = 70 a flat built-up roof. measured to first finished floor Feet. elevation. by NFIP standards.,....Parapets on flat roof can be no more that 5 feet in heiQht. "Mini Trianole" Mixed Use Proiect 8 stories or 112 feet to buildinQ eave or top of a flat Maximum Actual Heioht of Structures = built-up roof. measured to first finished floor elevation, 126 Feet. by NFIP standards. Parapets on flat roof can be no more that 5 feet in heioht. Mixed Use BuildinQ Uses Onlv first two floors can be used for commercial uses. Ceilino HeiQht The first floor ceilinQ heiQht shall be no less than 12 feet and no more than 18 feet in heiQht for commercial uses from the finished floor to the finished ceilino and shall be limited to commercial uses onlv. B. Reoulations For Outdoor Display And Sale Of Merchandise. 1. No automatic food and/or drink vendino machines or public pay phones are permitted outside of any structure. 2. Newspaper vendinQ machines will be limited to two machines per proiect site which can be individual buildino or a multiple buildino development. 3. Outdoors display and sale of merchandise. within front yards on improved properties, are permitted subiect to the followinQ provisions: 4. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises. 1. Text underlined is new text to be added 2. Text ctrikethrough is: curront toxt to be deleted 206 Gateway Triangle Mixed Use District 1/25/06 GTMUD FiQure 1 - Front Setback Zone Davis Boulevard. US 41. Airport-PullinQ Road and Commercial Drive (For illustrative purposes only) Front Setback Zone Mixed Use Subdistrict and C-1 through C-S Commercia/.Zoning Districts Front Setback Zone Mixed Use Subdistrict and C-1 through C-S Commercial Zoning Districts E?~~~'~ .. .. ~ l:_~~"~::':~''='_~~. 1"-"" c~'0-:C~"--'------""--;'-') ~ Ii: ~ l~=; ~ d 12.... Zano 1! ~~ Fronf. s.ti;Jck lDne: 16 F..t l' L" ~ U" I ~ i r~=-- snz~ i FfoIft s.dJect Zone: , IJ Feet Davis Boulevard, US 41 and Airport-Pulling Road Commercial Drive GTMUD FiQure 2 - DesiQn Guidelines: Streetscape Zones Davis Boulevard. US 41. Airport-PullinQ Road and Commercial Drive (For illustrative purposes only specific DesiQn Guidelines will prepared by Bayshore I Gateway Trianqle CRA Advisory Board) ~'COna'llW~ SJzs; 3.718)( 7.1M)( 3.118tnchee -.- ~ ToBeDfllIHminfld 25Rto35Ft SpecinQ VariN Ie Meet' E>>&/ing ~ lUChuom...", . I ~~ :,,1 1;1 ( ! ;fi I ;~a 8==8 3 Ff_6Fi""Tlling - 1. Text underlined is new text to be added 2. T oxt Etrikethrough ic currant text to bEl dolotod 207 Gateway Triangle Mixed Use District 1/25/06 GTMUD FiQure 3 - 3 StOry BuildinQ HeiQht. Step Back. Proiections. and Recesses (For illustrative purposes only) Mixed Use Subdistrict! Resldentlsl above Commercial or Residential Only Fronting on US 41 : 3 Stories Maximum Actual Height: 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height: 126 Feet Commercial Zoning Districts Heights according to current LDC 'i'iii~:~'r; ,~: i, '''i ','p,qsclion Allowed for Awnings, Canop/Bs. snd a.1conIaa: :'6 FHt M8Jdmum ~.\\ 5 Fest Psrspet lIISJdmum <4 fIIst ebol/ll Roof Bot1.om of ESI/II U". or Top of Built-up Roof 10 F.st Minimum stBp-B1JCk Itwn Front Y.rr1 BuIId-to-l..Jne 3rd stDry snd Abcw8 I = t I i l!. M9Ximum HsIght: 42 Ft 'II Comrrr8tciB/ lhIe or If: RetlId9flfial Un BuildIngs ~ j .., RNidlllltial Un Only . .e 1 ;2 II -el ~I "'1 i 70% of Front Fllc8de mUllft "e placed on Front YarrJ BuJ/d-/D-Uns, and Recs8s98 must ". s Minimum of 3 Fe<< 3 Fetrt GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height, Step-Back, ProJections and Recesses 208 I !! t '" i ! I t I Gateway Triangle Mixed Use District 1/25/06 GTMUD FiQure 4 - 4 StOry BuildinQ HeiQht. Step Back. Proiections, and Recesses (For illustrative purposes only) Mixed Use Subdistrict! Residential above Commercial or Residential Only Fronting on US 41 : 4 Stories Maximum Actual Height: 70 Feet Mini Triangle Mixed Use BStories Maximum Actual Height: 126 Feet Commercial Zoning Districts Heights according to current LDC 10 Feet MInimum SI8p-BacIc fmm Front Yard BJJIId..tr>.U1I8 at 3rd and story 81Id Abollll - 6F..t P1t1jection AIIaM1d far Awnings, CanopIea. and " BaictJnIrM , ~. \ PanJpat IIIflXfmum 4 f88! abov8 Roof BoIfom of Eallll Una or Top of 8u/Jt-up RoaI AI"""" 6Fw1 Projactiana AIIr:Jwsd fi;r Awnings. or Balconla8 1 ~ I I a- il!. ~ 18 I 1 !! I I ! i:! t I ResId8rr6f1l Use Only 10 MInimum Feet Residan/i81 u_ Only 4 SInries Maximum Haight 66 R MIx8d Uas: Re5ld8nlial Ovw Commen:lal or Rasiden/jaJ Use Only Conlm8Ici.' or R_ Only Fronting on US 41 ... CWlQ ..................................... CJeIIitV First Raar H.ight Na lass than 12 Feet No """" than 18 Fwt from FinIshed Roar tv CeIling ~ ! ~ ~ FInrt Floor Commercial Use Only FinIohed ~ II .s 1 ~ ~ IZI l! ~ - ~ ~ 70" ar Front F8C8d9 mutd be p/8csd on Front Y8JTJ BuIId-lo-Una, and R_ 1tlU1It be e Minimum af 3 Feet 3 Feat GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height, Step-Back, Projections and Recesses 1. Text underlined is new text to be added 2. Text strikothro\,J!jA is mmont text to be doletod 209 Gateway Triangle Mixed Use District 1/25/06 C. ParkinQ Standards For Mixed Use Proiects (Property developed in conformance with underlying zoning classifications shall meet the parking space requirements per section 4.05.03 and 4.05.04 of this Code.) ~ Four (4) spaces per 1.000 square feet of floor area open to the Qeneral public for commercial use. 2. 3. 4. Minimum one and one half (1.5) parkinQ spaces for each residential unit. Outdoor cafe areas shall be exempt from parkinQ calculations. ParkinQ Location a. New Development i. Interior Lots Parkinq shall be located behind the Front Yard Build-to-Line on side or rear of the buildinos. ii. Corner Lots ParkinQ shall be located behind the Front Yard(s) Build-to-Line on side or rear of the buildinos. b. The parkinQ location requirements will also apply to new development for C-1 throuQh C-5 zoned property, which under lay the GTMUD Mixed Use Subdistrict. ParkinQ lots shall be desiQned for interconnection. with adiacent property. GTMUD FiQure 5 - ParkinQ Location (For illustrative purposes only) GTMUD - Mixed Use Subdlstict; Location of Off Slreet Parldng ! Inlerior Lots 1100 % of parking I permitted on side or i rear of Front Yarr:J I Build-to-Line. : Comer Lots 1 100 % of parking i permitted on side or i rear of Front Yarr:J : Build-to-Line. i Front Yard BuHd-to-l..lne :\j, 1- .J L 1.:::!.-= Fmnt Yam BuHd-ItHJne ~I Public _ 5. Shared parkino requirements shall be consistent with those provided in subsection 4.05.02 of the LDC. D. DesiQn Standards for AwninQs. LoadinQ Docks, Dumpsters, and Streetwalls ~ Loadino docks and service areas shall not be allowed on the Front Build-to-Line. 2. All dumpsters must be located in the rear yard and screened from US 41. Davis Boulevard, Commercial Drive, or Airport-PullinQ Road. E. LandscapinQ and Buffer Requirements. ~ Landscapino and buffer requirements shall be pursuant to section 4.06.00 of this Code unless specified otherwise below: 1. Text underlined is new text to be added 2. Text f;tril\ethrough if; curront text to Be delatod 210 Gateway Triangle Mixed Use District 1/25/06 2. Buffers are required between GTMUD-MXD Subdistricts and contiQuous GTMUD-R Residential Subdistricts, A minimum buffer 10-foot wide landscaped area shall be required. This area shall include: a (6) six-foot hiQh opaque masonry wall: a row of trees spaced no more than 25 feet on center: and a sinole row of shrubs at least 24 inches in heiqht. and 3 feet on center at the time of plantinQ. LandscapinQ shall be on the commercial side of the wall. 3. A shared 10' wide landscape buffer with each adiacent property contributinq 5 feet is required between GTMUD-MXD Subdistricts abuttinQ Commercial Zoned Districts or abuttinQ GTMUD- MXD Subistricts. However, the equivalent buffer area square footaoe may be provided in the form of landscaped and hardscaped courtyards. mini-plazas, and outdoor eatinq areas. 4. ParkinQ lots and/or access drives abuttino commercial property shall be required to have a minimum 10 foot perimeter landscaped buffer. This area shall include a row of trees spaced no more than 30 feet on center. 5. BuildinQ foundation plantino will only be required on the rear and sides yards. The foundation plantinQ shall be a minimum of 50% of the buildinQs Qround floor perimeter measured in linear feet and an averaQe of five-feet (5) wide. This area must be landscaped with trees and/or palms in the amount of one tree or palm equivalent per 25 linear feet of buildino foundation plantino perimeter; and with shrubs least 24 inches in heiQht and 3 feet on center at the time of plantino with qround covers other than Qrass. Trees and palm trees shall be planted in areas that are a minimum of 8 feet wide. Palm trees. when used to meet these buildinQ foundation requirements, shall be counted as one palm is the equivalent of one tree. 6. A minimum of 50% of the water manaQement area shall be landscaped. Trees shall be provided at the rate of 1 tree per 250 square feet. with the balance of the area landscaped with shrubs, oround covers and ornamental Qrasses. 7. Streetscape Zone (Front Yard) The streets cape and landscapinQ standards for this zone will be based on Streetscape DesiQn Guidelines to be prepared by Bayshore / Gateway TrianQle CRA Advisory Board. 8. Streetwalls Streetwalls shall be used when surface parkinQ lots abut the rioht-of-way of US 41. Davis Boulevard. Commercial Drive. or Airport-PullinQ Road. The wall shall be constructed of the same or complementary materials as the primary buildinqs and be 3 to 4 feet in heiQht, and shall have a 12 inch projection or recess a minimum of every 10 to 12 feet. The"streetwall" can be a combination of "wall" and metal "fence" materials, (no chain link fencinQ is allowed) which: a. Complement the buildinQ materials. The street side of the "streetwall" will have shrubs least 24 inches in heioht and spaced 3 feet on center at the time of plantinq, with oround covers other than orass in a minimum 5 foot wide strip. b. No two streetwalls shall adioin on a common property line. C. The streetwall shall be setback the appropriated distance from the Front Set Back Line in order to meet County Standards for Site Distance TrianQle (Section 4.06.01, D.1.) for eqress from parkinQ lots. 9. Dumpsters Dumpster walls shall have a 3-foot wide landscape strip containinQ a sinQle row. 4-foot heiQht. 10 oallon hedoe, planted 4-feet on center. 10. The LandscapinQ and Buffer requirements of this section shall apply to all new buildinqs in the GTMUD- Mixed Use Subdistrict and C-1 throuQh C-5 ZoninQ reqardless of heiQht. 1. Text underlined is new text to be added 2. Taxt strikethrough is currant text to be doleted 211 Gateway Triangle Mixed Use District 1/25/06 GTMUD FiQure 6 - Streetwall (For illustrative purposes only) G. Architectural Standards. Side Parking Lot with Streetwall Architectural desiQn theme. The "Old Florida" or "Florida Cracker" des ion theme is encouraoed for new development. construction or existino buildinq renovation or rehabilitation in GTMUD Mixed Use Subdistrict. and the C-1 thoUQh C-5 Commercial ZoninQ Districts within the GTMUD Overlay. GTMUD FiQure 7 - Old Florida or Florida Cracker Style (For illustrative purposes only) 1. All buildinQs shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. Reoardless of the chosen architectural theme the followinQ desion elements are required. a. All buildinos adiacent to US 41, Davis Boulevard, Commercial Drive, Airport-Pullino Road or future north-south streets will have the principal pedestrian entrance frontinQ US 41, Davis Boulevard. Commercial Drive. Airport-Pullino Road or future north south streets. b. Thirty-five (35) percent of the buildinos facade that faces US 41. Davis Boulevard, Commercial Drive. or Airport-Pullinq Road will be clear Qlass with a maximum tint of 25%. c. Clear olass windows (with a maximum tint of 25%) between the heioht of two (2) and 1. Text underlined is new text to be added 2. Text ctrikethrough ic current text to be delated 212 Gateway Triangle Mixed Use District 1/25/06 seven (7) feet above sidewalk qrade are required on the primary facade of the first floor of any buildino. d. Attached buildinQ awninQs, canopies or balconies may encroach over the Front Build-to- Line by a maximum of five (5) feet. e. Florescent colors shall not be used. f. Maximum uninterrupted buildino lenqth requirements: Where a buildinq or a series of buildinQs form a continuous wall that exceeds 200 feet in lenQth. a pedestrian walkway or passaQeway shall be provided at the Qround floor within the middle third of the lenQth. The walkway/passaQeway shall be not less than 15 feet in width and not less than 10 feet in heiQht. A walkway/passaoeway may be roofed. A walkway/passaQeway shall be open to the public. Q. Hip or oable buildino roofs shall be metal material ( 5v Crimp. Standino Seam or similar desiQn) h. Have windows with vertical orientation and the appearance of divided Qlass trim. i. Facade wall buildinQ materials shall be of wood, natural stone, stucco finish or cement board products. GTMUD FiQure 8 - BuildinQ LenQth (For illustrative purposes only) GTMUD - Mixed Use Subdistrict Building Length I ": h~.? . .... I I -1-T----- I !U~'~J:JafJ..~ I H. Sions shall be as required by division 5.06.0 unless specified below: .h One "sandwich siQn" is allowed on the public riQht-of-way between the curb or travel lane and the private property line per business establishment as lono as it is no more than ten (10) square feet per side, allows for a passaQeway on the sidewalk of 36 inches for ADA accessibility, and it is removed from the riQht-of-way when the business is not open. 213 1. Text underlined is new text to be added 2. Text strikethrough is Gurrcmt text to Ge deletod Gateway Triangle Mixed Use District 1/25/06 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--RESIDENTIAL SUBDISTRICT (R) A. Dimensional and DesiQn Standards Table 2. DesiQn Standards in the GTMUD Residential Subdistrict (R) Density Per Under Lyinq Zoninq RMF-6 6 units per Per new zonino district RMF 6 or RSF 4 or as may acre consistent with the Future be allowed by a rezoninQ RSF- 4 4 units per Land Use Element pursuant to the Future ~ Land Use Element Minimum Lot Width Sinole-family 50 feet Two-family / Duplex 50 feet Townhouses 25 feet Multi-familv 1 00 feet Minimum Setbacks Min. Front Yard Min. Side Yard Min. Rear Yard (feet) One (sinqle) family 1 0 feet 7.5 feet ~ units 5 feet Two family/ Duplex 10 feet 15 dwellino units o feet when abuttino another townhouse, if Townhouse 10 feet not then the same 15 standards as a two familv dwellina unit Multi-family (three or 10 feet 7.5 feet ~ more) dwellinQ units Buildina Standards SinQle-family 1500 square feet per unit Minimum floor area Two-familylDuplex 1000 square feet per unit Townhouses 1000 square feet per unit Multi-family 750 sauare feet oer unit Maximum actual heiQht of principal structures 56 3 habitable floors or 42 feet to buildinq eave or top Feet of a flat built-up roof. measured from the first habitable floor elevation. by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiaht. Maximum actual heiQht of accessory screen Same as principal structure, not to exceed 35 feet enclosures Maximum actual heiQht of all other accessory 26 feet but in no case hiQher that the main structures build inn. 1. Text underlined is new text to be added 2. Text strilmthrough is current text to be delotod 214 Gateway Triangle Mixed Use District 1/25/06 B. Parkino Standards C. Architectural Standards 1. ParkinQ shall be as required by section 4.05.00 of this Code. 1. BuildinQs and their elements shall adhere to the followinq: .2.:. Street-facinQ facades of multifamily buildinQs shall be divided usinq articulation and/or modulation at least every sixty (60) feet. Facade modulation is steppinQ back or extendino forward a portion of the facade at least five (5) feet measured perpendicular to the front facade for each interval. Articulation includes porches. balconies, bay windows and/or covered entries. b. The primary entrance shall be oriented to the street. Orientation is achieved bv the provision of a front facade includinQ an entry door that faces the street. c. On corner lots, both street facades of a buildino shall have complementary details: in particular. buildinQ materials and color, rooflines and shapes. window proportions and spacinQ. and door placement. !i All mechanical equipment must be screened with a three (3)-foot hiqh hedQe or an opaque fence or wall at any heioht equal to the mechanical equipment. GTMUD FiQure 9 Typical Front Elevation Residential Development (For illustrative purposes only) ~ F!lmII)I ~~ smry Sl-~ r..OlIdyDel8o'l8d .,.~, $k~f'9m/IyAr.~ 215 ~ .. /"'~................... //' -, .-..1" .......... TWo FilIJIiTy I f)r..pl~1I1 T\I1> Sltlc'y T.."F~/{~ 1. Text underlined is new text to be added 2. Text strikothreugh is ourront text to bo dolotod Gateway Triangle Mixed Use District 1/25/06 3. Buildinos shall adhere to the followinQ elevation requirements: a A maximum of two feet of fill shall be allowed on site towards meetinQ NFIP requirements. Additional NFIP heiQht requirements shall be accomplished throuQh stem wall construction. Stem walls shall be finished in material and color complimentary to the main structure. b. Open stilt-type construction is not permitted. On front yards, the facade area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the buildino. c. The QaraQe floor shall not exceed twenty-four (24) inches above the elevation of the rioht-of-way from which it is accessed. 4. Front porches shall adhere to the followino standards. a. Front porches may encroach seven (7) feet into the front yard setback if the structure is located on the Minimum Front Yard Setback (10 feet) with an additional three (3)-foot encroachment allowable for entry stairs. b. Front porches must cover a minimum of forty (40) percent of the horizontallenoth of the front yard facade of the primary residence. c. Front porch desion and materials shall be consistent with the architectural desiQn and construction materials of the primary residence. d. Front porches shall not be air-conditioned or enclosed with Qlass, plastic, or other materials. Screenino the porch is allowed as lono as the moldinqs that hold the screen material match the material and desiQn character of the structure. e. Steps shall encroach no more than three feet into the front yard setback. GTMUD FiQure10- Front Porches (For illustrative purposes only) I I I I . . . . . . . I I 1.._____ ww 1Sr1Sr ODD ODD r-100 ODD Porche. 40% of Front Fecsde 5. Garaoes and Driveways. 2.:. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parkinq. b. No freestandinQ carports are permitted. Carports and portachere (FiQure GTMUD 11) must be attached to the main structure and of similar materials and desiQn as the main structure. ~ The distance from the back of the sidewalk to the QaraQe door (GTMUD Fiaure 10) must 1. Text underlined is new text to be added 2. Toxt ctrilwthrough ic currant toxt to BO delated 216 Gateway Triangle Mixed Use District 1/25/06 be at least 23 feet to allow room to park a vehicle on the driveway without parkinQ over the sidewalk. Should the oaraQe be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the oaraoe door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. GTMUD FiQure 11 GaraQes (For illustrative purposes only) Garag. .... ll.. '"' '" :1 :::! SI_ GTMUD FiQure 12 Porte-cochere (For illustrative purposes only) r-'- _._,- -,- - -.-.-..., I I I I i I I I I I I I I I I I. I " o Ii I b i g - :r :;tB,._-- I I ! : IL~~ -.! '-7~___, . ~ \ I , I I I I I I I I 1 1 1 1 1 1 1 1 I 1 1 i 1 I I I I I 1 ----I -'~ 1. Text underlined is new text to be added 2. Toxt slrikelhrolJ~h ic current text to bo deletes 217 Gateway Triangle Mixed Use District 1/25/06 6. An accessory unit is a separate structure located at the rear of the property and related to the primary residence (sinQle-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom. screen enclosure, Qaraoe, swimminQ pool or questhouse. Ownership of an accessory unit shall not be transferred independentlY of the primary residence. a. Only one (1) accessory unit of each type is permitted per principal structure. b. The maximum area of an accessory unit is 550 square feet. limited to one (1) habitable floor. c. The accessory unit may be above a oaraoe or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eiQht (8) feet in width. d. The maximum heiQht of a structure containinQ an accessory unit over a qaraoe is limited to a maximum of twenty (20) feet, measured from the level of Qraded lot to the eave, and with a maximum actual buildino heioht of twenty-six (26) feet to the top of the roof. A structure containinQ only a quest unit must meet NFIP first habitable floor heiqht requirement. Table 3: Setbacks for Accessory BuildinQs and Structures Buildin" I Structure Front Rear Side Librarv SPS* 1 0 feet SPS* Studio SPS* 10 feet SpS* Workshon SPS* 15 feet SPS* Swimmina pool and/or SPS' 1 0 feet SPS* screen enclosure Plavroom SPS* 1 0 feet SPS* Garaae SPS* 1 0 feet SPS* Garaae Guesthouse above SPS* 15 Feet SPS* Guesthouse SPS* 15 Feet SPS* *SPS - Same as principal structure 7. Fencinq forward of the front or primary facade of the structure is permitted subiect to the followinQ conditions: a. The fence shall not exceed 42 inches feet in heioht. c. Chain link fence is prohibited. b. The fence shall have an opacity ranoe of 18% to 50% d. The fence material shall be wood. vinyl, composite, stucco block or metal. e-. FencinQ and walls must architecturally complement the primary structure. GTMUD FiQure 13 - Permitted Typical FencinQ (For illustrative purposes only) ::~A~ ::":. }".' t,: - - """,...,,'....,'.' ;j 11 ' ,",-- 218 e added L. I eX{ strll~etnFOugn IE: curFOnt teX{ to be deleted Gateway Triangle Mixed Use District 1/25/06 8. LandscapinQ and buffer requirements for new residential development as required by Chapter 4.06.00 of this Code. 1. Text underlined is new text to be added 2. Text strikethrough ic cloJrront text to be doletod 219 PROPOSED LDC AMENDMENT SCHEDULE - 2006 CYCLE 1 Meetin!!: Dav Date Time Staff Amendments due Friday March 17 5:00 p.m. Submittal to Dept. Directors Friday March 31 5:00 p.m. Dept Directors Review meeting Friday April 21 9:00 a.m. Packets to DSAC - LDR Subcommittee Thursday April 27 5:00 p.m. Final Staff Deadline Fridav Mav 12 5:00 D.m. Packets to EAC & DSAC Friday May 19 5:00 p.m. DSAC LDR Sub-Committee Meeting Thursday May 18 3:30 p.m. EAC Monthly Meeting Wednesday June 7 9:00 a.m. DSAC Monthly Meeting Wednesday June 7 3:30 p.m. Packets to CCPC Wednesday June 14 12:00 p.m. CCPC LDC Meeting I- Wednesday July 19 5:05 p.m. 2nd Packets to CCPC Wednesday July 26 12:00 p.m. CCPC LDC Meeting 2- Wednesday August 23 5:05 p.m. Packets to BCC Tuesday August 29 12:00 p.m. BCC LDC Meeting I Wednesday September 20 5:05 p.m. 2nd Packets to BCC Friday August 18 12:00 p.m. BCC LDC Meeting 2 Wednesday October 25 5:05 p.m. Ordinance to County Attorney Monday October 30 12:00 p.m. - Possible CCPC workshop dates following regularly scheduled CCPC meetings are: Thursday, July 6 at 3:00 or earlier following CCPC meeting Thursday, August 17 at 3 :00 or earlier following CCPC meeting Community Development & Environmental Services PROPOSED LDC AMENDMENT SCHEDULE - 2006 CYCLE 1 Meetioe: Dav Date Time Staff Amendments due Friday March 17 5:00 p.m. Submittal to Dept. Directors Friday March 31 5:00 p.m. Dept Directors Review meeting Friday April 21 9:00 a.m. Packets to DSAC - LDR Subcommittee Thursday April 27 5:00 p.m. Final Staff Deadline Friday Mav 12 5:00 n.m. Packets to EAC & DSAC Friday May 19 5:00 p.m. DSAC LDR Sub-Committee Meeting Thursday May 18 3:30 p.m. EAC Monthly Meeting Wednesday June 7 9:00 a.m. DSAC Monthly Meeting Wednesday June 7 3:30 p.m. Packets to CCPC Wednesday June 14 12:00 p.m. CCPC LDC Meeting 1 * Wednesday July 19 5 :05 p.m. 2nd Packets to CCPC Wednesday July 26 12:00 p.m. CCPC LDC Meeting 2 * Wednesday August 23 5:05 p.m. Packets to BCC Tuesday August 29 12:00 p.m. BCC LDC Meeting 1 Wednesday September 20 5 :05 p.m. 2nd Packets to BCC Friday August 18 12:00 p.m. BCC LDC Meeting 2 Wednesday October 25 5:05 p.m. Ordinance to County Attorney Monday October 30 12:00 p.m. * Possible CCPC workshop dates following regularly scheduled CCPC meetings are: Thursday, July 6 at 3:00 or earlier following CCPC meeting Thursday, August 17 at 3 :00 or earlier following CCPC meeting Community Development & Environmental Services