Loading...
Agenda 06/25/2019 Item # 8A (London of Naples)06/25/2019 EXECUTIVE SUMMARY Recommendation to review the London of Naples, Inc. appeal to the Board of Zoning Appeals of the application of the floor area ratio (FAR) for hotels in the General Commercial/Gateway Triangle Mixed Use District-Mixed Use Subdistrict Overlay (C-4/GTMUD-MXD) zoning district and affirm the administrative denial of SDPI-PL20180002049 based upon the direction for interpretation provided for in LDC Section 1.03.01 D., and provide a policy determination to the intent of the Bayshore Overlay District regarding the application of a FAR intensity restriction for Hotels in the Overlay. The subject property consisting of 1.98 ± acres at the eastern corner of the intersection of Davis Boulevard and Tamiami Trail East in Section 11, Township 50 South and Range 25 East, in Collier County, Florida. [PL20190000305] OBJECTIVE: For the Board of Zoning Appeals to review the application of a .60 floor area ratio (FAR) for hotels in the General Commercial/Gateway Triangle Mixed Use District-Mixed Use Subdistrict Overlay (C-4/GTMUD-MXD) zoning district resulting in the administrative denial of the Insubstantial Site Development Plan Amendment SDPI-PL20180002049 for the Gateway Triangle, formerly known as Trio and provide a determination on the appropriateness of applying the .60 FAR on the mixed-use project. The arguments of the appellant will be provided first within this executive summary, followed by the County’s position. CONSIDERATIONS: The Appellant’s request is to seek reversal of the denial of an Insu bstantial Change (SDPI) to PL20180002049 based upon the application failing to address the outstanding zoning comment requesting that the SDPI include a floor area ratio (FAR) calculation for the hotel portion of the mixed-use project. Per the Collier County Code of Laws and Ordinances, Section 2-87, the Board of Zoning Appeals (BZA) shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the C-4/GTMUD-MXD (Gateway Triangle Mixed Use District-Mixed Use Subdistrict) zoning districts. The section states that the BZA must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant; and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the denial of the Insubstantial Change requested by staff. The issue here is whether the denial of PL20180002049, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the C-4/GTMUD-MXD (Gateway Triangle Mixed Use District-Mixed Use Subdistrict) zoning districts. Should the BZA determine that the Insubstantial Change request denial is contrary to the Land Development Code and the C-4/GTMUD-MXD (Gateway Triangle Mixed Use District-Mixed Use Subdistrict) zoning districts, the BZA may overturn the administrative decision. Should the BZA find none of the above, the BZA shall accept the administrative denial of the Plan. The appeal is focused upon property located at 1705 and 1807 Tamiami Trail East (Parcels No. 00386880009 & 00386840007), Naples, FL, 34112 The specifics of the appellant’s position is provided for within the attachment to this Executive Summary labeled, “Appellant’s Exhibits”. The conclusion of the position is provided below in italics. 8.A Packet Pg. 22 06/25/2019 The Overlay was established to encourage redevelopment of property within the Overlay. The purpose of the Overlay was to incentivize development opportunities and allow greater densities and intensities than allowed on the properties in the Overlay prior to the adoption of the Overlay. Prior to adoption of the Overlay, hotel uses were not permitted on C-4 property within the Overlay that was not within an activity center. The subject property is zoned C-4 and is not within an activity center. Therefore, a hotel use is not a permitted use under the existing zoning for the property. It is through the establishment o f the Overlay that the hotel use became permitted on the subject property. The Overlay provides for the development standards for all development within the Overlay. There is no need to look outside of the Overlay to determine development standards for hotel use in the Overly. Staff has never applied the FAR standard to this property. In fact, Staff approved multiple Site Development Plans (SDP’s) for a hotel without ever applying an FAR standard. It was not until a neighbor objected to a revision to a previously approved SDP that Staff elected to apply the FAR standard. The application of the FAR standard is contrary to the stated intent that the Overlay which was adopted to provide incentives to spur redevelopment. The FAR standard limits redevelopment of the property as a hotel because it artificially reduces the area eligible for hotel rooms even though the site complies with all other development standards applicable to the Overlay including, but not limited to height, setbacks, lot coverage and parking. County’s Position: The zoning for the property is C-4/GTMUD-MXD. The GTMUD zoning overlay requires development to meet the Overlay development standards of 4.02.16, which does not include a FAR requirement for hotels or any other measure that controls the overall size of a hotel. The underlying C-4 zoning district does limit the development of a hotel to a Floor Area Ratio (FAR) of 0.6. While the overlay does not provide a FAR, units per acre, or alternative standard to control the amount/intensity of hotel that can be built, the past precedent for interpretation of the LDC would not suggest that the amount of hotel that can be built in the Overlay is unlimited, but rather the FAR requirement for hotels within the C-4 zoning designation would be the most restrictive and should apply. This interpretation is based upon LDC Section 1.03.01 D., which reads: “In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in effect in jollier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling.” Additionally, Ordinance 14-33, which amended LDC Section 4.02.16, Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, contains a Conflict and Severability provision which reads: “In the event that any provisions of this Ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.” Based upon these factors, the FAR standard of 0.6 for hotels expressed in the C-4 zoning district is considered the more restrictive regulation and shall apply to this project. This interpretation also applies to the previously approved SDPA- PL20170002293. The SDPA did not include FAR calculations; therefore, any subsequent building permit submittal will be required to demonstrate that the hotel portion of the development complies with the FAR requirement prior to permit approval. 8.A Packet Pg. 23 06/25/2019 Additionally, the LDC Section 1.03.01.D was an adopted regulation at the time of the adoption of Section 4.02.16, with this recognition if the overlay district intended to truly be the only zoning district within the LDC that allowed hotels with no limitations to the intensity of a hotel, it would have specifically stated as such, or the provision of 1.03.01.D would apply to lack of specific direction contained in 4.02.16. This fact is further advanced by the specifics of the language within the adopting Ordinance for Section 4.02.16, which provides for the more restrictive language being applicable, the very issue the BZA is being requested to review. Additionally, LDC Section 2.03.07.I states, “Property owners within the BMUD may establish uses, densities, and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply.” The provision states that a property owner can develop uses and intensities within the underlying zoning or under the provisions of the applicable BMUD and in either instance, the site development standards as provided for in the 4.02.16 shall apply. In review of 4.02.16, there are no applicable development standards that address hotels. The appellant’s argument that the lack of standards was intentional and therefore, the intensity of a hotel is unregulated is not supported by the existing guidance of 1.03.01.D and further questioned by LDC Section 2.03.07.I.4.b.iii, which provides for the table of uses for the Bayshore Mixed Use subdistricts. Within that specific table (portion provided below), the first column provides for the use type, and the last column provides for additional standards. Under the use type, “Lodging”, the first entry for Bed and Breakfast has a reference to 4.02.16.C.4, as additional standards for the use, informing the reader to look to the section for modifications to how the LDC address that use. The second entry under the “Lodging” does not provide a reference to the 4.02.16. It is staff’s opinion that this lack of reference to the section for Hotels indicates that the section does not modify the manner in which the LDC addresses the intensity of the use and creates a conflict with the applicable development standards or intensity for a hotel. The LDC is clear when the language of the LDC creates a conflict, the more restrictive regulation should apply. It should be noted that Development Review Staff and the Zoning Director did discuss whether a FAR ratio should apply to the project and based upon the reading of the GMP language for the Bayshore Community Redevelopment Area, which states higher intensities should be expected in the overlay, Staff originally concluded that no limitations on a hotels intensity, as suggested by the silence of LDC section 4.02.16, should prevail. This was based upon the recognition that the GMP is the controlling document which establishes the legal nexus for the regulations contained in the Collier County LDC. It was at a subsequent staff level discussion that the interpretation section of the LDC Section (1.03.01.D) was highlighted to include not only conflicting provisions of the LDC but also the GMP; and when there was 8.A Packet Pg. 24 06/25/2019 conflict, the determining factor was the more restrictive provision and not the document with regulatory authority. This unique distinction was the key factor in Staff’s det ermination that the more restrictive provision of the C-4 zoning district and the FAR, which controls hotel intensity, was controlling and thus applicable to the project. The arguments presented by the appellant, while persuasive, are characterized by staff as circumstantial, in that the LDC does not specifically state that a hotel developed in the BMUD has no intensity restrictions, as all other zoning districts in the LDC provide, but rather that the absence of standards in 4.02.16 related to hotels was intentional, and the fact that the overlay provides for higher intensities by nature of the overlay being constructed for Community Redevelopment Area (CRA) supports this position, then the conclusion must be that the Overlay was intentionally silent to a hotel’s intensity in the Overlay and therefore there are no intensity restrictions imposed upon a hotel within the Bayshore overlay. While the arguments do infer that conclusion, Staff is relying upon the direct evidence of LDC Section 1.03.01.D., which states that when there is conflict within provisions of the LDC and GMP, the more restrictive shall apply. Ultimately, the final arbiter of this appeal is the Board of Zoning Appeals and based upon the nature of this issue, it is Staff’s opinion that it is inappropriate for Staff to arrive upon a determination that provides for higher intensity of a land use, when there is clear conflicting regulations within the LDC and GMP related to that use, and that the guidance provided by the LDC is to side on the more restrictive position and allow the Board of County Commissioners, acting as the Board of Zoning Appeals to provide the policy determination on intensity. For full transparency, the research provided for by the County’ Hearing Examiner has been provided within attachment labeled, “HEX Research.” GROWTH MANAGEMENT IMPACT: The areas addressed within the appeal are contained within the LDC, therefore no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. I am providing the following discussion as an aid to the Board in its deliberations. I have separately attached an Exhibit to this item, whose pages are identified below. Page 1 is the relevant zoning map. The parcel in question is zoned C-4 GTMUD-MXD, with C4 referring to the base zoning district of the parcel, and GTMUD-MXD, referring to the Mixed Use Subdistrict of the Bayshore Gateway Triangle Redevelopment Area, which is an overlay district. Page 2 shows the Bayshore Mixed Use District Overlay with the blue star showing the location of the subject parcel. Pages 3-5 is Table 2 of LDC Sec. 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts. The highlighted sections set forth that within Base Zoning District C -4, the FAR for Hotels is .60, with Overlay Districts (see page 5) having an additional table of special design requirements. Page 6 is LDC Sec. 4.02.16.B.1 which sets forth the special design requirements for the Mixed Use Subdistrict of the Bayshore Gateway Triangle Redevelopment Area overlay district. Note that there is no additional reference to FAR, with footnote 7 authorizing the additional maximum zoned building height. Pages 7-9 sets forth the Bayshore/Gateway Triangle Redevelopment Overlay set forth in the Collier County Growth Management Plan (“GMP”). The Overlay is silent as to FAR. The language however does state that “This Overlay allows for additional…increased intensity and higher residential intensities.” 8.A Packet Pg. 25 06/25/2019 Pages 10-11 in LDC Sec. 2.03.07.N which sets forth the “special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation “GTMUD” The Applicant is permitted, as of right, a Hotel use. The core issue raised by this appeal is whether or not this use comes with a required FAR of .60. The overriding land use document for Collier County is the Collier County Growth Management Plan (the “GMP”). The intent of the GMP is implemented through the Land Development Code. The GMP states that the intent of the Bayshore/Gateway Triangle Redevelopment Overlay is to allow for increased intensity. A no FAR requirement for hotels within this Overlay would be consistent with this intent. The LDC has two provisions related to FAR and Hotels. The first is Table 2 of LDC Sec. 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts. The highlighted sections set forth that within Base Zoning District C-4, the FAR for Hotels is .60. The second is LDC Sec. 2.03.07.N which sets forth the “special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation “GTMUD.” Table 2 provides that Hotels are a permitted use in the Gateway Triangle Mixed Use District, and is silent as to any requirement for a FAR. Note that LDC Sec. 2.03.07.N.3.b provides that “Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.16 shall apply.” The issue is which provision controls. Staff is of the opinion that the LDC requires when there is an apparent conflict in the Code, one utilizes the least intensive use. The Applicant argues that with respect to this issue there is no conflict in the Code, as there is simply no FAR requirement for Hotels within the Gateway Triangle Mixed Use District. The above discussion was based on my current understanding of the issue, and I am not foreclosing additional arguments for approval or denial that could be made by the Applicant or by staff during the public hearing. With that noted, this item is approved as to form and legality, with any decision by the Board requiring majority vote. -JAK RECOMMENDATION: For the BZA to affirm the administrative denial of SDPI-PL20180002049 based upon the direction for interpretation provided for in LDC Section 1.03.01 D., and provide a policy determination to the intent of the Bayshore Overlay District regarding the application of a FAR intensity restriction for Hotels in the Overlay. Prepared by: Mike Bosi, Director, Zoning Division ATTACHMENT(S) 1. [Linked] Appellant's Exhibits (PDF) 2. County-Attorney-Research (PDF) 3. [Linked] HEX-Research (PDF) 4. Legal Ad - Agenda ID 9270 (PDF) 8.A Packet Pg. 26 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 8.A Doc ID: 9270 Item Summary: ***This item to be heard no sooner than 11:00 a.m.*** Recommendation to review the London of Naples, Inc. appeal to the Board of Zoning Appeals of the application of the floor area ratio (FAR) for hotels in the General Commercial/Gateway Triangle Mixed Use District -Mixed Use Subdistrict Overlay (C-4/GTMUD-MXD) zoning district and affirm the administrative denial of SDPI- PL20180002049 based upon the direction for interpretation provided for in LDC Section 1.03.01 D., and provide a policy determination to the intent of the Bayshore Overlay District regarding the applicat ion of a FAR intensity restriction for Hotels in the Overlay. The subject property consisting of 1.98 ± acres at the eastern corner of the intersection of Davis Boulevard and Tamiami Trail East in Section 11, Township 50 South and Range 25 East, in Collier County, Florida. [PL20190000305] Meeting Date: 06/25/2019 Prepared by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 06/07/2019 8:13 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 06/07/2019 8:13 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 9:14 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/07/2019 12:05 PM Growth Management Department James C French Deputy Department Head Review Completed 06/10/2019 11:01 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/10/2019 12:59 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/10/2019 2:02 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/17/2019 8:46 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 11:43 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/17/2019 4:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 8.A Packet Pg. 27 8.A.2 Packet Pg. 28 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 29 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 30 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 31 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 32 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 33 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 34 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 35 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 36 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 37 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 38 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.2 Packet Pg. 39 Attachment: County-Attorney-Research (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 8.A.4 Packet Pg. 40 Attachment: Legal Ad - Agenda ID 9270 (9270 : Recommendation to review the Trio appeal within the Gateway-Triangle) 1 BASIS OF APPEAL This is an appeal of a staff determination that there is a Floor Area Ratio (“F.A.R.”) applicable to a proposed hotel to be constructed to be constructed on an approximately two (2) acre parcel located within the Bayshore/Gateway Triangle Redevelopment Overlay (“Overlay”). The denial letter being appealed is attached hereto as Exhibit “A”. SUMMARY OF ARGUMENT: The Overlay was established to encourage redevelopment of property within the Overlay. The purpose of the Overlay was to incentivize development opportunities and allow greater densities and intensities than allowed on the properties in the Overlay prior to the adoption of the Overlay. Prior to adoption of the Overlay, hotel uses were not permitted on C-4 property within the Overlay that was not within an activity center. The subject property is zoned C-4 and is not within an activity center. Therefore, a hotel use is not a permitted use under the existing zoning for the property. It is through the establishment of the Overlay that the hotel use became permitted on the subject property. The Overlay provides for the development standards for all development within the Overlay. There is no need to look outside of the Overlay to determine development standards for hotel use in the Overly. Staff has never applied the FAR standard to this property. In fact, Staff approved multiple Site Development Plans (SDP’s) for a hotel without ever applying an FAR standard. It was not until a neighbor objected to a revision to a previously approved SDP that Staff elected to apply the FAR standard. The application of the FAR standard is contrary to the stated intent that the Overlay which was adopted to provide incentives to spur redevelopment. The FAR standard limits redevelopment of the property as a hotel because it artificially reduces the area eligible for hotel rooms even though the site complies with all other development standards applicable to the Overlay including, but not limited to height, setbacks, lot coverage and parking. THE OVERLAY WAS ESTABLISHED TO ALLOW GREATER INTENSITY & DEVELOPMENT OPPORTUNITY The Bayshore/Gateway Triangle Redevelopment Overlay, the GTMUD-MXD, Mixed Use Projects (MUPs) and the, mini-triangle catalyst site were established to foster redevelopment, incentivize development opportunities and allow greater densities and intensities. The GTMUD is intended to provide greater intensity as supported by the GMP, LDC, and the Community Redevelopment Agency’s (“CRA’s”) scope of work associated with the mini-triangle catalyst site. a. GMP intent language: Policy 5.6.F. “Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County 2 Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: ….” See Attachment “1”. b. LDC intent language: LDC Sec 2.03.07.N.4.a “The Gateway Triangle Mixed Use District consists of the following subdistricts: i. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian-oriented commercial and mixed-use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi- story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. …” See Attachment “2”. c. Catalyst site intent: The attached Mini-Triangle Catalyst Project document was provided by David Jackson (prior CRA Director) as guidance for work RWA conducted on the Bayshore Gateway Triangle Redevelopment Overlay, and the catalyst site plans developed for the mini- triangle and Kelly Lake properties. As stated in Attachment 3: “Mini-Triangle Catalyst Project: Intended as a higher density Mixed-Use Project, with focus on Hotel, Retail, Restaurants and potential for condominium uses. Maximize buildout potential and utilize structured parking. CRA staff felt concepts included in the original Redevelopment Plan did not provide sufficient density/footprint size. Potential to make the tip of the triangle (intersection of Davis and US 41) a strong focal point.” The subject property is located within the Mini-Triangle Catalyst area. This request is to build a hotel. LACK OF A HOTEL F.A.R. WAS NOT AN OVERSIGHT a. Assuming that omission of the FAR in the GTMUD-MXD was an oversight and that the C-4 Hotel FAR should apply is illogical, since this reasoning is inconsistent with the stated intents in the GMP and LDC. b. Assuming that when an overlay is silent on a given standard, the County will revert back to the base zoning is inconsistent with common zoning practices and the evidence within those overlays. The Hotel and Motel use was intentionally added to the overlay as part of a list of uses found in Table 2 of LDC Sec 2.03.07. Other uses within that table contain 3 “additional standards;” the Hotel and Motel use does not. Should we then assume that all uses without additional standards are subject to oversights and that we can revert to base zoning or other code sections as we please? The answer is clearly no. As evidence, the “Dwelling, Mobile Home” use contains the following additional standard “*If permitted by the underlying zoning,” No other use allowed in the GTMUD contains this exception which demonstrates that the underlying zoning standards do not apply unless specifically stated. c. It is common practice to administer the LDC based on the development standards setforth in an Overlay within the LDC. It cannot be assumed that the lack of an FAR was an oversight unless evidence supports that assessment. There is no evidence that the County intended that an FAR apply to the hotel use being added to the permitted uses within the Overlay. Unlike group housing, which has a LDC section dedicated to the development standards applicable to group housing, no such general development standard applies to hotels. Accordingly, there is no specific section in the LDC that adopts development standards for hotels. In this case, it is the Overlay that permits a hotel to be developed on the property. It is the Overlay development standards that apply to development on the property, not a portion of the C-4 zoning district standards that are not the basis for the hotel to be built in the first place. d. RWA developed the GTMUD and BMUD Overlays. At that time, Patrick Vanasse led the RWA team that worked on the overlay. Mr. Vanasse clearly recalls that the team intentionally removed barriers to redevelopment and drafted the overlay without a Hotel FAR in order to allow more intensity and to encourage hotel development within the mini-triangle area. The team intentionally allowed more intensity in the mixed use subdistrict to foster redevelopment of the mini-triangle and make it attractive for a hotel and corporate offices to be built within the mini-triangle catalyst site. e. Not requiring an FAR for the GTMUD district was intentional and is consistent with the GMP, and LDC Sections that outline the intent of the overlay, as well as the scope of work provided by the CRA. Should a Hotel FAR have been desired, specificity would have been provided on how to calculate and administer this regulation. As staff knows, applying a Hotel FAR requirement to a mixed-use project is very complicated. By the very nature of a project being horizontally or vertically integrated, it is difficult to discern what should be counted toward the hotel use versus the rest of the commercial uses that have no FAR. CONSISTENCY WITH GMP As commonly accepted in the planning and zoning profession, the GMP supersedes the LDC. The GMP clearly states that the intent of the Bayshore/Gateway Triangle Redevelopment Overlay is to “allow more intense development” per Policy 5.6 F. Furthermore, it states, “ This overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities….” 4 If you apply the C-4 Hotel FAR to the overlay, then the intensity for Hotel uses is not increased, and therefore, inconsistent with the GMP. The overlay’s intent is clearly to increase intensity; therefore, having no FAR limit within the overlay is consistent with the stated intent. THE BAYSHORE GATEWAY TRIANGLE OVERLAY SUPERSEDES C-4 BASE ZONING a. The notion of an overlay superseding base zoning is consistent with planning and zoning best practices. Overlays in Collier County and other jurisdictions typically supersede or supplement existing restrictions, rights and/or privileges for a certain geographic area governed by the subject overlay. It is common practice for CRAs to use overlays to encourage and stimulate redevelopment by allowing greater densities and intensities, thus allowing greater development opportunity through more flexible development standards. b. GMP Policy 5.6.F.1 states that for Mixed Use Developments like Gateway Naples “a mix of residential uses is permitted. For such development uses are limited to C1-through C- 3 zoning district uses, except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies.” The hotel use is not permitted on the property under the C-4 zoning designation. It is the overlay that is allowing for the development of the hotel. As such, C-4 limitations identified under Section 4.02.1 do not apply. Hotel uses within the Overlay district are therefore strictly regulated by Section 4.02.16 Design Standards for Development in the Overlay which intentionally does not contain an FAR limitation. c. LDC Sec 4.02.1 (Attachment “4”) which provides a development standards table for various commercial zoning districts contains a row for Overlay Districts that states, “See table of special design requirements applicable to overlay district.” This clause acknowledges that the overlays provide separate and more specific regulations, which as a result supersede base zoning district standards and have primacy over base zoning design requirements. LDC Section 4.02.16 (Attachment “5”) contains the development standard for the Overlay. This Section does not include the FAR now being imposed by Staff. d. LDC Sec 2.03.07 (Attachment “2”) pertaining to Overlay Districts makes it clear that while densities and uses can be established according to the base zoning district or the overlay that “in either instance the GTMUD site development standards as provided for in section 4.02.16 shall apply.” Therefore, the BCC specifically and intentionally determined that the development standards in Section 4.02.16 at the LDC apply to development in the Overlay. Had the BCC intended to establish a FAR for hotels, it would have included such a requirement in Section 4.02.16 of the LDC. Section 4.02.16 of the LDC contains very detailed development standards for projects within the Overlay. To somehow imply that you must look to the C-4 zoning standards to determine that a FAR applies is not supported by the actual detail in the LDC. 5 e. LDC Section 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area states the following: “A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W), and Mixed Use (GTMUD-MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre- application meeting is required for all MUP applications. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP complies with all site development standards as outlined in section 4.02.16 of the LDC; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and iii. The MUP does not seek additional density through the Bonus Density Pool provisions of LDC section 10.02.15 C. b. The Administrative Code shall establish the submittal requirements for MUP administrative approval. The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. …” It should be noted that Sec 10.02.15 makes it very clear that Sec 4.02.16 applies to MUPs, not Sec. 4.02.01. Moreover, the clause states that MUPs can only include uses outlined in the Table of Uses for that subdistrict. That would negate the ability to revert back to Sec 4.02.01 and apply the C-4 Hotel FAR. (see Attachment “6”) STAFF DETERMINED IN WRITING THAT THE FAR DOES NOT APPLY The attached email from Chris Scott (Attachment “7”) dated June 6, 2018, states “The FAR requirements for hotels in a C-4 district would not apply to projects in the Bayshore Gateway Triangle, as the development standards 4.02.16 would supersede the base zoning.” This determination is consistent with the findings detailed in this report. In addition, this property has received multiple SDP review. As can be seen in Composite Attachment 8, the County at no time required the hotel to meet a FAR threshold. In fact, as can be seen in Attachment 9, 6 the FAR threshold not being applied by Staff was exceeded when it approved the revise SDP to increase the number of hotel rooms to 48 from 12. CONCLUSION: The Overlay was established to encourage redevelopment of property within the Overlay. The purpose of the Overlay was to incentivize development opportunities and allow greater densities and intensities than allowed on the properties in the Overlay prior to the adoption of the Overlay. Prior to adoption of the Overlay, hotel uses were not permitted on C-4 property within the Overlay that was not within an activity center. The subject property is zoned C-4 and is not within an activity center. Therefore, a hotel use is not a permitted use under the existing zoning for the property. It is through the establishment of the Overlay that the hotel use became permitted on the subject property. The Overlay provides for the development standards for all development within the Overlay. There is no need to look outside of the Overlay to determine development standards for hotel use in the Overly. Staff has never applied the FAR standard to this property. In fact, Staff approved multiple Site Development Plans (SDP’s) for a hotel without ever applying an FAR standard. It was not until a neighbor objected to a revision to a previously approved SDP that Staff elected to apply the FAR standard. The application of the FAR standard is contrary to the stated intent that the Overlay which was adopted to provide incentives to spur redevelopment. The FAR standard limits redevelopment of the property as a hotel because it artificially reduces the area eligible for hotel rooms even though the site complies with all other development standards applicable to the Overlay including, but not limited to height, setbacks, lot coverage and parking. ATTACHMENTS: 1. GMP Policy 5.6.F. Bayshore/Gateway Triangle Redevelopment Overlay 2. LDC Section 2.03.07 Overlay Zoning Districts 3. Mini-Triangle Catalyst Project – scope of work from CRA 4. LDC Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 5. LDC Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area 6. LDC Section 10.02.15 Requirements for Development in the Bayshore Gateway Triangle Redevelopment Area 7. Email from Chris Scott to Patrick Vanasse dates June 6, 2018 8. SDP Approval Letters 9. SDP Approving 48 Unit Hotel PL20190000305 Gateway/Triangle (ADA) Application Supplement Background The subject of this appeal is the property located at the triangle of Davis Boulevard and Tamiami Trail East, at the Gateway to Collier County from downtown Naples. The underlying zoning of the property is C-4. The property is within the GTMUD-MXD and BMUD Overlay. The property is not within an activity center. The property owner intends to redevelop the site as a mixed-use project. The building (SDPI PL20180002049) includes a hotel, in addition to retail, restaurant and residential uses. A pre-approval letter was issued on August 1, 2018, subject to payment of Road Impact Fees. Road Impact Fees in the amount stipulated in the pre-approval letter were paid on October 10, 2018. See Schedule 1. On October 16, 2018, the pre-approval was withdrawn on the unveiled finding that the building dimension standards outlined under Section 4.02.01 in “Building Dimension Standards for Principal Uses in Base Zoning District” apply. In response, on December 10, 2018, the petitioner requested the application be denied in order to file this appeal. The denial letter was issued on January 1, 2019. A more detail chronology is enclosed. See Schedule 2. Zoning The underlying zoning of the property is general commercial district (C-4). C-4 permits hotels only if the property is located within an activity center. See 2.03.03.D.1.a.71. If the property is not within an activity center, then in order to develop a hotel, the property owner must obtain a conditional use permit. See 2.03.03.D.1.c.14. In addition to the underlying zoning district, the property is located within the Gateway Triangle Mixed Use Overlay – Mixed Use Subdistrict (GTMUD – MX) and the Bayshore Mixed Use Overlay District (BMUD). Hotels are permitted as a matter of right when a property is located within the GTMUD – MX Overlay. See 2.03.07.N.4.iii.b(2). Moreover, since this is a mixed-use project, the uses, intensities and densities must conform with the GTMUD – MX subdistrict. See 2.03.07.N.4.ii.c. Relationship to Underlying Zoning If there is any doubt over which dimension standards apply to a project developed in the GTMUD overlay district, the Code unambiguously states: “Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.16 shall apply.” See 2.03.07.N.3.b. Site Development Standards The standards for properties developed under the underlying zoning district are found in Land Development Code Section 4.02.01. The standard at issue is the Floor Area Ratio (FAR). The FAR requirement is derived from Table 2, “Building Dimension Standards for Principal Uses in Base Zoning Districts”. In pertinent part: Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts.   Zoning District   Maximum   Building   Height   (feet)   Minimum  Distance  Between  Buildings   Minimum Floor Area of   Buildings   (square feet)   Floor Area   Ratio   (%)   C‐4  75  A  700 (ground floor)  Hotels .60   Destination resort .80   Overlay Districts  See table of special design requirements applicable to overlay districts.   The FAR for a hotel developed under C-4 is .6. The maximum height of a hotel developed under C-4 is 75 feet. The table clearly provides that the standards required under the base zoning district do not apply to Overlay District. Instead, building dimension standards applicable to Overlay Districts are clearly established by the dimensional requirements of each Overlay District. The standards for properties developed under the Overlay Districts are set forth in the same Code Section 4. The maximum height for a hotel developed under the GTMUD-MXD Overlay is 56 feet, unless that hotel is part of a mixed use project, in which case the maximum height is 112 feet1. Table 7. Dimensional Requirements in the GTMUD‐MXD   House  1   Rowhouse  2  Apartment Mixed‐ Use  Commercial Civic &  Institutional   Max. Building Height  (ft) 4  42  42  42  56 7  56 7  42   See 4.02.16.B.1.Table 7. The difference in permitted height between a hotel developer under C-4 and a hotel developed under the GTMUD-MXD is 19 feet. Thus, a hotel building developed in the GTMUD-MXD Overlay must have two (2) fewer stories than a hotel developed under C-4 zoning. Accordingly, there is no FAR for a hotel developed under the GTMUD-MXD Overlay. If the county intended to apply more stringent standards above and beyond the height restraint, such as a FAR, for a hotel use developed under the GTMUD subdistrict, it would have done so. In fact, there is a long enumeration of additional standards for specific uses that “ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties.” See 4.02.16.C. Hotels are not included and are not subject to any additional standards beyond the standards defined by Table 7.                                                              1 If the building is a mixed-use project in the mini-triangle area of the GTMUD-MXD, the maximum height is 112 feet. See 4.02.16.B.Table 7.Note 7.  Conclusion The underlying zoning prohibits hotels unless the property is in an activity center or the property owner obtains a conditional use permit. The property is not within an activity center and the property owner has not obtained nor intends to obtain a condition use permit. The proposed use of the property, a mixed-use building with a hotel component, is realizable only through the GTMUD-MXD. More importantly, for all developments in the GTMUD-MXD, the Land Development Code requires that the building dimension standards in Section 4.02.16 govern. The building dimension requirements in 4.02.16 do not contain nor require a FAR. More than one site plan approval letter has been issued to the applicant on the same property under this analysis. The petitioner insubstantially amended the already-approved site plan and satisfied the final condition of the current pre- approval by payment of the road impact fee, in reliance on the Land Development Code and the county’s consistent interpretation that the GTMUD-MXD overlay dictates site plan requirements for the intended uses. See Schedule 3. Applying FAR to the hotel component of this project is not only an outright reversal of consistent county policy and county representations, but is undeniably inconsistent with the plain language of the Land Development Code. On these grounds, the October 16, 2018 letter must be repealed. Schedule 1 Schedule 2 1. August 2, 2017 (Trio SDPA 20170002293). County’s line-item of county fees to applicant – no fee for SDP/SDPA Non-residential Floor Area. 2. August 24, 2017 (Trio SDPA 20170002293). County’s initial review. Comments limited to building height, setbacks and parking space dimensions, pipe dimensions, transportation methodology, and landscaping. 3. October 19, 2017 (Trio SDPA 20170002293). County’s second review. Comments limited to parking space dimensions, buffer requirements, infrastructure maintenance responsibility and sidewalk details. 4. November 3, 2017 (Trio SDPA 20170002293). Applicant’s response. 5. November 14, 2017 (Trio SDPA 20170002293). Issuance of Project Pre-Approval Letter and Certificate of Public Facility Adequacy. 6. June 26, 2018 (Gateway SDPI20180002049). County’s initial review. Comments limited to transportation methodology, access, restaurant parking calculations, and floor area of the residential units on floors 7 through 9. 7. July 23, 2018 (Gateway SDPI20180002049). County’s second review. Comments limited to access and sidewalks. 8. August 1, 2018 (Gateway SDPI20180002049). Issuance of Project Pre-Approval Letter. 9. August 30, 2018 (Gateway SDPI20180002049). County’s rescission of Pre-Approval Letter to re- evaluate access. 10. October 10, 2018 (Gateway SDPI20180002049). Applicant’s payment of road commercial impact fee ($10,186.21). 11. October 16, 2018 (Gateway SDPI20180002049). County’s determination that the hotel portion of the project is subject to FAR, as outlined in Table 2 of the “Building Dimension Standards for Principal Uses in Base Zoning Districts”. 12. October 25, 2018 (Trio SDPA 20170002293). Final Site Development Plan Approval (permit). 13. December 11, 2018 (Gateway SDPI20180002049). Applicant’s response letter. Disagrees with FAR requirement, as former SDP was approved without such requirement. Requests SDPI be denied to move forward with appeal. 14. January 4, 2019 (Gateway SDPI20180002049). County’s denial letter. Schedule 3 1 PL20190000305 Gateway/Triangle (ADA) Petitioner’s Reply INTRODUCTION Petitioner’s Site Development Plan Insubstantial Change (“SPDI”) was approved by county staff. Subsequently, the SDPI was retroactively rescinded by county staff for an alleged failure to address the floor area ratio (“FAR”) of the hotel component of a mixed-use building located within the Bayshore Triangle Redevelopment Overlay (“Overlay”). The county’s sole argument to support its novel position that the FAR applies to the hotel component is that (a) there is a conflict over whether the FAR applies and, (b) in the event of a conflict, the more restrictive regulation applies, citing Section 1.03.01, Paragraph D, of the Land Development Code (“LDC”). The county also references Ordinance 14-33, “which amended LDC Section 4.02.16, Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area” (Staff Report prepared by M. Bosi dated March 29, 2019 at page 8) in support of its defense. As will be explained below, the county’s claim that a conflict exists is not supported by the facts, the LDC or the Growth Management Plan (“GMP”). IF A CONFLICT EXISTS, THE GMP PREVAILS It is well settled that the GMP is the controlling document for all land use regulations. The county admits that the SDPI was approved—without imposing an FAR—because the SDPI is consistent with the GMP: Staff originally concluded that no limitations on a hotels intensity, as suggested by the silence of LDC section 4.02.16, should prevail. This was based upon the recognition that the GMP is the controlling document which establish the legal nexus for the regulations contained in the Collier County LDC. Staff Report prepared by M. Bosi dated March 29, 2019 at page 9. To defend its reformed understanding of its own regulations, the county now contends that, notwithstanding the consistency of the SDPI with the GMP, the SDPI is not consistent with the LDC. The county alleges that silence as to whether the FAR applies in the Overlay creates a conflict, and, relying on Section 1.03.01.D of the LDC, argues that this conflict requires the county to impose the “more restrictive” standard. In citing Section 1.03.01.D to explain that conflicts are resolved in favor of the more restrictive provision, the county conveniently ignores the other Paragraphs under the same Section of the LDC. Paragraph A of Section 1.03.01 mandates that in any event construction of the LDC must be consistent with the intent of the Board of County Commissioners as expressed in the GMP. See LDC 1.03.01.A. In other words, even if there is a purported conflict between provisions in the LDC, the more restrictive regulation is not the default. Paragraph C of Section 1.03.01 requires that all provisions of the LDC be “liberally construed in order that the true intent and meaning of the BCC may be fully carried out” (emphasis added). Each section of the LDC must be interpreted in the context of the intention of the legislature and the objective of the regulations. A narrow interpretation to fit staff’s narrative is clearly inconsistent with this directive. 2 Moreover, as the county acknowledges “the GMP is the controlling document which establishes the legal nexus for regulations contained in the Collier County LDC” (Staff Report prepared by M. Bosi dated March 29, 2019 at page 9), Paragraph E of Section 1.03.01 establishes that all regulations are subject to the GMP: In all circumstances, the provisions of these regulations shall be interpreted and construed to be consistent with the GMP. Where any provision(s) of these regulations are determined to be in conflict with the GMP, the GMP shall control. See LDC 1.03.01.E. The Board of County Commissioners clearly expressed their intent to stimulate development within the Overlay “by providing incentives that will encourage the private sector to invest in the urban area”. See GMP Policy 5.6.F. Therefore, the Overlay “allow(s) for more intense development in an urban area where urban services are available” (emphasis added). Id. Staff admits that “higher intensities should be expected in the Overlay”. Staff Report prepared by M. Bosi dated March 29, 2019. The county’s own rules of construction and interpretation obligate the county to administer the LDC to achieve the policies of the GMP. The SDPI promotes GMP Policy 5.6.F by proposing a mixed-use development, integrated vertically in a single building with a greater height and a higher intensity of commercial uses than permitted by the underlying C-4 Zoning District. The Board of County Commissioners reinforced its intent in 2014 by adopting Ordinance 14-33. See Schedule 1. Ordinance 14-33 is an amendment to the LDC in an amendment cycle, where the legislature takes a hard look at the LDC from a comprehensive perspective. In the Ordinance, the Board of County Commissioners revisited the development standards in the Overlay and specifically amended Section 4.02.16 to add architectural standards. Had the Board of County Commissioners deemed the FAR an appropriate standard for development in the Overlay, it had every opportunity to impose it as part of the amendment to Section 4.02.16. The Board of County Commissioners also reviewed the base zoning district development standards Tables (Table 2 and Table 2.1, addressed below) as part of the amendment cycle. At the time of review in 2014, the Tables, explicitly, did not administer the development standards of the Overlay. The Board of County Commissioners concluded that the Overlays must continue to be governed by their own development standards. The Board of County Commissioners has spoken, through the express language of the GMP and the LDC, and has reinforced its intent on multiple occasions that the Overlay standards, not the base district standards, apply. NO CONFLICT EXISTS – OVERLAY STANDARDS GOVERN With that being said, this level of analysis regarding intent of the legislature is necessary only if there is an actual conflict between regulations resulting in ambiguity over which applies. The language of the LDC speaks for itself and there is no conflict between regulations and therefore no ambiguity. The county’s Answer contends that Section 2.03.07(I), Table 1 (“Table of Uses for the Bayshore Mixed Use Subdistrict”) is a source of ambiguity. This Table establishes which uses are permitted in the Overlay. Indeed, this is the very Table that allows for development of a hotel on the subject property as a matter of right where the underlying C-4 Zoning District does not. The use Table also contains a column labelled “Additional Standards” to unambiguously impose development standards and limitations on specific uses that are in addition to the Overlay standards. Under the use type “gas stations with convenience store”, for example, the reader sees the use is permitted in the 3 mixed-use subdistrict of the Overlay. The reader also sees that a gas station developed in the Overlay is subject to LDC Section 5.05.05. Section 5.05.05 otherwise regulates all gas stations. Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts USE TYPE BMUD SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE R1 R2 R3 R4 NC W d) RETAIL/ RESTAURANTS 4) Gas Station with Convenience Store P P 5.05.05 The intentional reference to Section 5.05.05 means the legislature knew that, without subjecting gas stations in the Overlay to Section 5.05.05, the additional standard would not apply. On the other hand, when the reader looks at the Table of Uses under the hotel use, there is no LDC cross- reference cited for additional standards. The reader understands that a hotel must comply with the standards of the Overlay, without limitation. Had the Board of County Commissioners intended to impose a FAR., it would simply have added that condition in the table or referred to the development standards of another section of the LDC, like it did for gas stations and bed and breakfast facilities. USE TYPE BMUD SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE R1 R2 R3 R4 NC W b) LODGING 1) Bed & Breakfast Facilities CU CU CU 4.02.16 C.4. 2) Hotels and Motels P P Moreover, the footnote to the use Table clearly states that the Overlay standards govern: 4 Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD- NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. (emphasis added). The language of this provision could not be clearer or simpler. Any reader understands that they look to 4.02.16, the Overlay standards, when developing a project in the Overlay The standards in Section 4.02.16 do not impose a FAR. Instead, Section 4.02.16 imposes Overlay restrictions on development, including parking, height and setbacks. These Overlay standards address county’s inaccurate allegation that “there are no intensity restrictions imposed upon a hotel” (Staff Report prepared by M. Bosi dated March 29, 2019 at page 9) in the Overlay, while at the same time enabling developers with distinct standards to incentivize development and investment in the Overlay, in furtherance of Policy 5.6 of the GMP. If the reader is left with any question as to whether additional standards apply, in reviewing the site development standards for “Principal Uses in Base Zoning Districts” (as set forth under Section 4.02.01, Table 2, of the LDC), the foundation relied upon by the county for imposition of a FAR, the reader confirms that the base zoning district standards do not apply in the Overlay district. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Zoning District Maximum Building Height (feet) Minimum Distance Between Buildings Minimum Floor Area of Buildings (square feet) Floor Area Ratio (%) C-4 75 A 700 (ground floor) Hotels .60 Destination resort .80 Overlay Districts See table of special design requirements applicable to overlay districts. Similarly, the setback table for the base zoning districts informs the reader that setbacks applicable in the Overlay are not found in the Section 4.02.01 but in the special Overlay section of chapter 4. Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements C-4 4 d 25 a 25 a x 5 Overlay Districts See table of special design requirements for the applicable overlay district located in the appropriate section for that district in chapter 4. The Tables unequivocally tell the reader not to use the base zoning district standards if the project is in the Overlay. The Tables categorically tell the reader to go to a separate subsection of Chapter 4 of the LDC to find the governing standards, which, in the case of the SDPI, are set forth in Section 4.02.16. Section 4.02.16 does not impose a FAR. CONCLUSION Petitioner relied on the plain language of the LDC in developing its plans for its initial site development plan application in 2015, in its site development plan amendment in 2017, and in its SDPI in 2018. Each of Petitioner’s submittals accordingly complied with the Overlay standards. At no time in the four (4) year history of the project did the county raise an objection based on FAR. Of course, the exact opposite is true. The county has issued an approval for each version of the site plan, none of which incorporated a FAR. It was not until the contract purchaser of the adjacent parcel, owned by the Collier County Redevelopment Agency, objected to the approval of the SDPI that a FAR requirement was imposed. The approval of the SDPI will apparently have a significant impact on the contract purchaser’s ability to develop a hotel on the adjacent site owned by the Collier County Redevelopment Agency. The SDPI was approved because it is consistent with the GMP and the LDC. There simply is no conflict between LDC regulations. With every opportunity, the legislature redirects the reader from the base dimensional standards to the Overlay standards. Even if there were a conflict, the LDC must be implemented liberally to effectuate the GMP. The GMP calls for greater intensity in the Overlay. Application of FAR would decrease intensity in the Overlay. In summary, the Overlay standards clearly govern and the base zoning district standards do not apply. The SDPI complies with the LDC and the GMP. The August 30, 2018 approval should be reinstated. 6 SCHEDULE 1 Ordinance 14-33 [see separate attachment] ORDINANCE NO. 14 -33 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE -GENERAL PROVISIONS , INCLUDING SECTION 1.08 .02 DEFINITIONS; CHAPTER TWO -ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR -SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS , SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02 .16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE -SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER RESIDENCES, SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX -INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN -APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES , SECTION 10.03 .05 REQUIRED METHODS OF Pagel of 59 Words struck through are deleted , words un derlined are added SCHEDULE 1 PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT-PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT -MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION EFFECTIVE DATE. Recitals WHEREAS , on October 30 , 1991 , the Collier County Board of County Commissioners adopted Ordinance No . 91-102 , the Collie r County Land Development Code (hereinafter LDC), wh ich was subsequently amended ; and WHEREAS , the Collier County Board of County Commissioners (Board) on June 22 , 2004 , adopted Ordinance No . 04-41 , which repealed and superseded Ordinance No . 91-102 , as amended , the Collier County Land Development Code , which had an effective date of October 18 , 2004 ; and WHEREAS , the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10 .02 .09 A. of the LDC ; and WHEREAS , this amendment to the LDC is the first amendment cycle for the calendar year2014 ; and WHEREAS , on March 18 , 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC ; and WHEREAS , all requirements of Resolution 97 -177 have been met; and WHEREAS , the Board of County Commissioners , in a manner prescribed by law , did hold advertised public hearings on June 24 , 2014 , and July 8, 2014 , and did take action concerning these amendments to the LDC ; and Page 2 of59 Words struck thr ough are deleted, words un de rl ined are add ed WHEREAS , the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163 .3202 (1), Florida Statutes ; and WHEREAS , this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S . § 163.3161 et seq .), and F.S. § 125 .01 (1 )(t) and (1 )(w); and WHEREAS , this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art . VIII , § 1 (g); and WHEREAS , all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida , that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County , Florida , hereby makes the following findings of fact: 1. Collier County , pursuant to § 163.3161 , et seq., F.S ., the Florida Community Planning Act (herein after the "Act "), is required to prepare and adopt a comprehensive plan . 2. After adoption of the Comprehensive Plan , the Act and in particular § 163 .3 202(1 ). F.S ., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201 , F.S ., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on , be related to , and be a means of implementation for, the adopted comprehensive plan. 4. Section 163 .3194(1 )(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan , or element or portion thereof , and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan , or element or portion thereof, shall be amended so as to be consistent. Page 3 of 59 Wo rd s stntek through are deleted , words und erlined are added 5. Section 163 .3202(3), F.S ., states that the Act shall be construed to encourage the use of innovative land development regulations . 6. On January 10 , 1989 , Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan " or "GMP") as its comprehensive plan pursuant to the requirements of§ 163 .3161 et seq., F.S. 7. Section 163 .3194(1)(a ), F.S ., mandates that after a comprehensive plan , or element or portion thereof, has been adopted in conformity with the Act , all development undertaken by , and all actions taken in regard to development orders by , governmental agencies in regard to land covered by such comprehensive plan , or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163 .3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses , densities or intensities , capacity or size , timing , and other aspects of development are compatible with , and further the object ives , policies , land uses , densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163 .3194(3)(b), F.S ., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses , densities or intensities , capacity or size , timing , and other aspects of development are compatible with , and further the objectives , policies , land uses , densities , or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30 , 1991, Collier County adopted the Collier County Land Development Code , which became effective on November 13 , 1991 . The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41 . 11 . Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land , water and resources consistent with the public interest; to overcome present handicaps ; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve , promote , protect and improve the public health , safety , comfort , good order , appearance , convenience and general welfare of Collier County ; to prevent the overcrowding of land and avoid the undue concentration of population ; to facilitate the adequate and efficient provision of transportation , water, sewerage , schools , parks , recreational facil ities , housing and other requirements and services ; to conserve , develop, utilize and protect natural resources within the jurisdiction of Collier County ; to protect human , environmental , social and economic resources ; and to maintain through orderly growth Page 4of59 Words struck through are deleted, wo rds un derli ned are add ed and development , the character and stability of present and future land uses and development in Collier County. 12 . It is the intent of the Board of County Commiss ioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan , Chapter 125, Fla . Stat., and Chapter 163 , Fla . Stat., and through these amendments to the Code . SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08 .02 Definitions , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * Guest- house or cottage : An accessory dwelling structure which is attached to or detached from , a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling , their temporary guests or their domestic employees and which may contain kitchen facilities . Guesthouses or cottages are not permitted in development that is receiving an AHDB . f See LDC sectionfs} 4.01 .02 . 5.03 .03 and 2.05.02t for additional information . * * * * * * * * * * * Kitchen, primary: A room in a principal dwelling or guesthouse which is used , designed and intended for the preparation and cooking of food , often where meals are also eaten . See LDC section 4.01 .02 Kitchens in Dwelling Units and Guesthouses . Kitchen, se condary: A kitchen , accessory in function to the primary kitchen , located within and only accessible through the principal dwelling unit. See LDC section 4.01 .02 Kitchens in Dwelling Units and Guesthouses . * * * * * * * * * * * Lot, corner: A lot located at the intersection of two or more streets . In the case of corner lots . the front yard with the shorter street frontage shall establ ish the required min imum lot width . A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. P age 5 of 59 Wor ds struck through are de leted , wo rds under li ne d are added * * * * * * * * * * * Wet bar. An area designed for mixing drinks that contains a sink with running water. has a counter top , and is not a kitchen . See LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses . * * * * * * * * * * * * * Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line . Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. VVhere corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82 2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code , only one full depth front yard shall be required . In all zoning districts , the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage . In all zoning districts , except the E (estates) zoning district, the setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full front yard setback requirement for that district , exclusive of any road right of way or road right of way easement. For setbacks for E (estates) zoning, see Section 2.03 .01 . Yard. waterfront : The required open space on property adjacent to the Gulf. bavs . bayous . navigable streams and on man-created canals . lakes . or impounded reservoirs . The required waterfront yard shall be measured from the most restrictive of the following : property line . bulkhead . shoreline . seawalL control elevation contour. or mean high water line (MHWL). Waterfront yards do not apply to drainage easements . canals . and lakes that were created for water management purposes with no intention to be navigable waterways providing vessel access to a larger body of water. * * * * * * * * * * * * * SUBSECTION 3.8. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows: 2.03 .03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1) ... * * * * * * * * * * * * * 1. The following uses , as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right , or as accessory or conditional uses within the C-1 commercial professional and general office district. * * * * * * * * * * * * Page 6of59 Word s struck through are deleted , words underl in ed are added * * * b. Accessory uses. * 1 . Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1 , C 1 IT district. * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district , subject to the standards and procedures establ ished in section 10.08 .00 . * 1. 2. 3. 4. 5. 6. 9-7 . +--8 . 8-9 . 9-10 . .w-11. 44-12 . * Ancillary plants . Automobile parking , automobile parking garages and parking structures (7521 -shall not be construed to permit the activity of "tow-in parking lots"). Banks , credit unions and trusts (6011 -6099). Churches. Civic, social and fraternal associations (8641 ). Eating places primarily intended to serve employees and customers of the permitted use {5812 . excluding Automats (eating places); caterers : commissary restaurants : contract feeding; dinner theaters : drive-in restaurants: industrial feeding ; restaurants: carry-out; theaters : dinner).The request may be permitted subject to the following criteria : a. The use is physically integrated and operated in conjunction with another perm itted use in the C-1 district (no stand-alone facilities shall be permitted). b. There is no exterior signage. c. There is no direct exterior access . d. Parking for the permitted use is c onsistent with LDC section 4.05 .04. e. In addition to the Planning Commission 's Findings . its recommendation shall include . but not be lim ited to . the following considerations for the conditional use request: 1. Seating capacity. ii. Gross floor area of the request in relation to the principal structure. Educational services (8211-8222). Funeral services (7261 , ex cept crematories). Home health care services (8082 ). Homeless shelters . Libraries (8231 , except regional libraries) . Mi xed residential and commercial uses subject to design criteria con t ained in section 4.02 .38 except where superseded by the following criteria : * * * * * * * * * 42-13 . Rel igious organ izations (8661 ). 14. Soup kitchens. 44-15. Veterinary services (07 42, ex cluding outdoor kenneling). 16. An y other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08 .00 . Page 7 of 59 Word s struck through are deleted, wo rds underlin ed are ad ded B. Commercial Convenience District (C-2) ... * * * * * * * * * * * * * * * * 1. The following uses , as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right , or as accessory or conditional uses within the C-2 commercial convenience district. * * * a. Permitted uses . * * * * * * * * * * * * 7 4. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08 .00. 75 . An existing lawful structu re over 1 .800 sq . ft . as of [effective date of this ordinance] may be occupied by any C-2 permitted use with a 1 ,800 sq . ft . or greater limitation. * * * * * * * * * * c. Conditional uses . The following uses are permissible as conditional uses in the commercial convenience district (C-2 ), subject to the standards and procedures established in section 10 .08 .00 . * 1. Ancillary plants . 2. Educational services (8211 , 8222). 3. Homeless shelters . 4. Household appliance stores (5722 . limited to air-conditioning room units , self-contained-retai l. electroni c household appliance stores- retail. household appliance stores . electri c or gas-retail, sewing mach ine stores-retail. and vacuum cleaner stores-retail) with 1,800 square feet or less of gross floor area in the principal structure . 5. Marinas (4493 excluding boat yards , storage and incidental repair). subject to LDC section 5.05 .02 6. Membership organizations , miscellaneous (8699 . excluding humane societies . animal) limited to 1 .800 square feet or less of gross floor area in the principal structure . 4-7 . M ixed residential and commercial uses subject to design criteria contained in LDC section 4.02 .38 except where superseded by the following cri teria : * * * * * * * * * * 8. Personal services . miscellaneous (7299 -not listed as principle uses and limited to babysitting bureaus; birth certificate agencies ; car title and tag services : computer photography or portraits: dating service ; diet workshops ; dress suit rental; tu x rental ; I genealogical investigation service ; hair removal ; shopping service for individuals only; wardrobe service , except theatrical ; wedding Page 8of59 Words struek through are deleted, words un derlined are added chapels . privately operated) with 1 .800 square feet or less of gross floor area in the principal structure. 0-9 . Permitted personal service , video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure . &-1.Q . Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. +-11. Soup kitchens. 8-12 . Any other convenience commercial use which is comparable in nature with the foregoing (C-2) list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. C. Commercial Intermediate District (C-3) ... * * * * * * * * * * * * * * * * 1. The following uses , as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right , or as accessory or conditional uses within the commercial intermediate district (C-3). * * * a. Permitted uses . * * * * * * * * * * * * * 67. Photographic studios , portrait (7221 ). 68. Physical fitness facilities (7991; 7911 . except discotheques). 69 . Political organizations (8651 ). * * * * * * * * * * 95 . Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 96 . An existing lawful structure over 5.000 sq. ft. as of [effective date of this ordinance] may be occupied by any C-3 permitted use with a 5.000 sq . ft . or greater limitation . * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. 1. Amusements and recreation services (7999 -boat rental , miniature golf course , bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants . 3. Automotive vehicle dealers (5511. limited to automobile agencies (dealers)-retail and only new vehicles). In addition to the Planning Commission 's Findings, its recommendation shall include, but not Page 9of59 Word s struck through are deleted, words underlined are added * * * be limited to . the following considerations for the conditional use request: a. Controls on outdoor paging or amplified systems used as part of the daily operations . b. Location of enclosed service areas . with exception for entry/exit doors. c. The number of service bays . d. Operation hours. e. Adequacy of buffer(s). f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles . Bowling centers (7933). 4-5 . Coin operated amusement devices (7993). Courts (9211 ). 6. Dance Studios , schools and halls (7911 ). 7. Drinking places (5813) excluding bottle clubs . All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 . 8. Educational services (8221 & 8222). 9. Fire protection (9224). 10 . Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499). 11. Health services (8071, 8092 . and 8099). 44-12. Homeless shelters . Hospitals (groups 8062-8069). Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). +4-17 . Mixed residential and commercial uses , subject to design criteria contained in section 4.02 .38 except where superseded by the following criteria : * * * * * * * * * * 4-6-18 . Motion picture theaters , (7832 -except drive-in). -1-e-Permitted food service (5812 , eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 4-7--20. Permitted personal services , video rental or retail uses (excluding drug stores -5912) with more than 5,000 square feet of gross floor area in the principal structure. 48-£1 . Permitted use with less than 700 square feet gross floor area in the principal structure. 49-22 . Public order and safety (9229). 2G-23 . Social services (8322 -other than those permitted , 8331-8399) 24-24. Soup kitchens. 22-25. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 2:a-26 . Vocational schools (8243-8299). Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. Page 10 of 59 Words struck through are del eted, words underlined are added D. General Commercial District (C-4 ) ... * * * * * * * * * * * * * 1. The following uses , as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right , or as accessory or conditional uses within the general commercial district (C-4 ). * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in section 10 .08 .00 . 1. Animal specialty services , except veterinary (0752 , with outside kenneling ). 2. Amusement and recreation services , outdoor (7 948 , 7992 , 7996 , 7999 ). 3. Auctioneering services , auction rooms (7389 , 5999). 4. Automotive dealers and gasoline service stations (5511 . 552 1, 5551 , 5561 , 5599 o utdoor display permitted). 5. Automotive rental and leasing , outdoor display permitted (7513 , 7 519). 6. Boat dealers (5551 ). 0-7 . Bottle clubs . (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05 .01 .). 7-8 . Communication towers above specified height, subject to section 5.05 .09 . 9. Dealers not elsewhere classified (5599 outdoor display permitted . excluding Aircraft dealers -retail). 8-10 . Fire protection (9224). 9-11. Fishing , hunting and trapping (0912-0919). 4-0-12 . Fuel dealers (5983-5989). 44-1 3. Homeless shelters. Hotels and motels (7011 , 7021 , 7041 when lo cated outside an activity center). 4.a-1 5. Kiosks . 44-16 . Legal counsel and prosecution (9222 ). 4-a-1Z . Local and suburban transit (groups 4111-4121 , bus stop and van pool stop only ) . .i&-Motion picture theaters , drive-in (7833 ). 4-7-19 . Permitted use with less than 700 square feet of gross floor area in the principal structure . 48-20 . Police Protection (9221 ). +9-21. Public orde r and safety (9229 ). 22 . Recreational vehicle dealers (5561 ). Soup kitchens . 24-24 . Motor freight transportat ion and warehous ing (4225 , air conditioned and mini-and self storage warehousing only). Veterinary services (0741 & 0742 , with outside kenneling ). Page 11 of59 Word s str uck through are deleted , wo rds under lin ed are added Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. E. Heavy Commercial Distri ct (C-5) ... * * * * * * * * * * * * * * * * 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). * * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in section 10.08 .00 . * * * * * * * * * * * * 16. Transfer stations (4212, local refuse collection and transportation only). 17. Packing Services (4783). -1-7--18. Veterinary services (07 41 & 07 42, with outdoor kenneling ). 48-19 . Any other heavy commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district , as determined by the board of zoning appeals pursuant to section 10.08 .00. * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICT Section 2.03.04 Industrial Zoning District, of Ordinance 04-41 , as amended , the Collier County Land Development Code, is hereby amended to read as follows : 2.03.04 Industrial Zoning District A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing , processing , storage and warehousing , wholesaling , and distribution . Service and commercial activities that are related to manufacturing , processing , storage and warehousing , wholesaling , and distribution activities , as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. Page 12 of 59 Word s struck thro1:1gh are deleted , wo rd s underlined are added * 1. The following uses , as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section , are permitted as a right , or as accessory or conditional uses within the industrial district (I). * a. Permitted uses . * * * * * * * * * * * 33 . Miscellaneous repair services (7622-7699) with no associated retail sales . 34 . Miscellaneous services (8999). J-4-35 . Motor freight transportation and warehousing (4212 , 4213-4225, 4226 except oil and gas storage, and petroleum and chem ical bulk stations ). a&-36 . Outdoor storage yards pursuant to the requirements of sect ion 4.02 .12 *37. Paper and allied products (2621-2679). 38. Perfumes . cosmetics . and other toilet preparations (2844). Physical fitness facilities (7991 ) .. (7911 except Discotheques. 7991 . 7999 limited to baseball instruction . basketball instruction . gymnastics instruction . judo instruction . karate instruction . and yoga instruction .). JS-40 . Printing , publishing and allied industries (2711-2796). 1. Railroad transportation (4011 , 4013). 4G-42 . Real estate brokers and appraisers (6531 ). 4-+-43 . Rubber and miscellaneous plastics products (3021 , 3052 , 3053). 42--44 . Shooting range , indoor (7999). 45 . Soap : granulated . liquid . cake . flake . and chip (2841 ). 4d-46 . Stone , clay , glass, and concrete products (3221 , 3231 , 3251 , 3253 , 3255-3273 , 3275 , 3281 ). 44 47 . Textile mill products (2211-2221 , 2241-2259, 2273-2289, 2297 I 2298 ), 49-48. Title abstract offices (6541 ). 40 49 . Transportation equipment (3714, 3716 , 3731 , 3732 , 3751 , 3761 , 3764 , 3769 , 3792 , 3799). 4+ 50 . Transportation by air (4512-4581 ). 48-51 . Transportation services (4724-4783 , 4789 except stockyards). 49-52. United States Postal Services (4311 ). aG-53 . Vocational schools (8243-8249). M-54. Welding repair (7692 ). Wholesale trade-Durable goods (5012-5014, 5021-5049, 5063-5092, 5094-5099). Wholesale trade-nondurable goods (5111-5159, 5181 , 5182 , 5191 except that wholesale distribution of chem icals , fertil izers , insecticides , and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). M-57 . Exi sting retail uses that were in operation on January 1, 2009 , in the Industrial zoning district and which have been cont inuously and conspicuous ly operating in the Industrial zoning district as of June 8, 2010 , without limitation as to square footage of the retail use . These existing retail businesses shall be treated as legal non-conforming uses in accordance with the LDC , provided however that in the event of destruction or damage due to natural Page 13 of 59 Word s struck thr01:1gh are deleted, wo rd s underl ined are added * * * * SUBSECTION 3.D . disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. * * * * * * * * * AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03 .07 Overlay Zoning Districts , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 2.03 .07 Overlay Zoning Districts * * * * * * * * * * * * * D. Special Treatment Overlay (ST). * * * * * * * * * * * 4. Transfer of Development Rights (TOR). * * f. * * * * * * * * * * * * * * Procedures applicable to the severance and redemption of TOR credits and the generation of TOR Bonus credits from RFMU sending lands . * * * * * * * * * * 11 . In order to facilitate the County's monitoring and regulation of the TOR Program , the County shall serve as the central registry for all TOR severances , transfers (sales) and redemptions , as well as maintain a publ ic listing of TOR credits available for sale along with a listing of purchasers seeking TOR credits . No TOR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. * * * * * * * * * * b) TOR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TOR credit certificate reflecting the TOR Bonus credits is obtained from the County and recorded . 1) Early Entry Bonus credits . All TOR credit certificates issued by the County for the period from the effective date of this provision until March 27 , unless further extended by resolution by the Boa rd of County Commissioners . shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TOR credit or fractional TOR credit reflected on the TOR credit certificate . Where TOR credits were severed from March 5, 2004 , until the effective date of this provision , the County shall , upon receipt of a copy of the TOR credit certificate reflecting those previously severed TOR credits , issue a TOR credit Page 14of59 Words struck through are deleted , words underlined are added * * * * * * certificate entitling Early Entry Bonus credits equal in number to the previously severed TOR credits. * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION Section 3.05 .02 Exemptions from Requirements for Vegetation Protection and Preservation , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * D. Pre-existing uses . The requirements of LDC subsection 3.05.07 G:· shall not apply to , affect or limit the continuation of uses wit hin the RFMUD which existed prior to June 19 , 2002 . No changes in location of preserves shall be requ ired for projects identified by this exemption . * 1. Such existing uses shall include : those uses for which all required permits were issued prior to June 19.1. 2002 ; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19 , 2002; or. projects for which a Rezone petition has been approved by the County prior to June 19. 2002 - inclusive of all lands not zoned Rural Agricultural {A); or , land use petitions for which a completed appl ication has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19 , 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses . * * * * * * * * * * * * G. A vegetation removal permit is not requ ired for the following situations : * * * * * * * * * * * * * 4. Removal of protected vegetation prior to building permit issuance.I. if the conditions set forth in LDC section 4.06 .04 A are met. 5. Hand removal of prohibited exotic and non-native vegetation. Mechanical clearing See LDC section 3.05 .05 for mechanical removal of prohibited exotic and non-native vegetation shall require a ·1egetation removal permit. Mechanical clearing is defined as clearing that \\'ould impa ct or disturb the soil or sub soil layers or disturb the root systems of plants below the ground . Page 15of59 Word s struek through are deleted , words underlined are added * 6. After a right-of-way for an electrical transmission line or public utility distribution line has been established and constructed , a local government may not require any clearing permits for vegetation removal , maintenance , tree pruning or trimming within the established and constructed right-of-way. Trimming and pruning shall be in accordance with LDC section 4.06 .05 subsection 4.06 .05 J.1 of the Code. All needed environmental permits must be obtained from the appropriate agencies and management plans must comply with agency regulations and guidelines . These may include but are not limited to permits for wetland impacts and management plans for listed species protection. 7. After a publicly owned road right-of-way has been legally secured , a local government may not require any clearing permits for vegetation removal , maintenance, tree pruning or trimming within the established road right-of-way. Trimming and pruning shall be in accordance with LDC section 4.06 .05 subsection 4.06 .05 J.1 of the Code . All needed environmental permits or management plans have been obtained from the appropriate local , state and federal agencies . These permits may include but are not limited to permits for wetland impacts or for listed species protection. 8. Vegetation removal for environmental restoration projects on publically owned land designated as parks , preserves , forests or mitigation areas . State and Federal agency permits or approvals shall be required , where applicable , prior to clearing . 9. Vegetation removal to implement Preserve Management Plans and firewise safety wildfire mitigation plans that specify land management practices for clearing for fuel management or fire lines in accordance with normal forestry practices and which have been approved as part of a Preserve Management Plan pursuant to LDC section 3.05 .07 H. State and Federal agency permits or approvals shall be required , where applicable , prior to clearing . * 10 . Creation of fire breaks installed by the Florida Forest Service or reviewed and approved by the Florida Forest Service as part of a wildfire mitigation plan . 11 . Removal of dead . dying or leaning trees within preserves which pose a safety concern , unless such trees contain a nest or cavity of a listed animal species or bald eagle . Where such preserves have monitoring plan requirements pursuant to LDC section 3.05 .07 .H.1.g. the annual inspection monitoring report for the preserve shall document with photographs the trees to be removed for safety concerns. * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION Section 3.05 .05 Criteria for Removal of Protected Vegetation , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : Page 16of59 Words struck thro1:1g h are delete d, words underl ined are added 3.05 .05 Criteria for Removal of Protected Vegetation Native vegetation shall be retained within proposed developments where existing vegetation would be expected to survive in open space areas or buffers, where site improvements or changes in elevation are not proposed or required. A permit for the removal or replacement of plants installed as LDC required landscaping shall be issued in accordance with LDC section 4.06 .05 . A vegetation removal permit may be issued under the following conditions : A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic , public services , utilities , or to an existing structure. 8. Diseased or otherwise unhealthy vegetation , as determined by standard horticultural practices , and , if required , a site inspection by the County Manager or designee . C. A final local development order has been issued which allows removal of the protected vegetation . D. Compliance with other codes and /or ordinances may involve protected vegetation removal. E. Replacement of non native vegetation shall be with native vegetation and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06 .05 and shall include the following minimum sizes : one gallon ground co>1er; se>1en (7) gallon shrubs ; fourteen (14) foot high trees with se¥en foot crown spread and dbh (diameter at breast height) of three inches . Replacement native 'tegetation shall be planted within fourteen (14) calendar days of remo¥al. Mechanical removal of prohibited exotic and non-native vegetation. Mechanical removal is defined as clearing that would impact or disturb the soil or sub- soil layers or root systems of plants below the ground . F. On a parcel of land zoned RSF , VR , E, or other nonagricultural , noncommercial zoning district in which single-family lots have been subdivided for single-family use only , a vegetation removal permit may be issued for any permitted accessory use to that zon ing . G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code};-and state , federal or county approved or endorsed environmental preservation , enhancement, or restoration projects , shall be permitted . Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits . H. Vegetation relocation plan . If vegetation relocation is proposed by the applicant prior to site development plan , construction plan or other final approvals , a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation , timing of relocation , watering provisions , maintenance and other information as required by the County Manager or designee. Page 17of59 Words struck thrm1gh are deleted, wo rd s underl ined are ad de d I. Landscape plant removal or replacement. The removal or replacement of appro·1ed landscaping shall be done in accordance ·.vith the regulations that guide the landscape plans reviews and approvals in section 4.06 .00 . vegetation removal permit will not be issued for the removal or replacement of landscape plants . That approval must be obtained through an amendment process to the landscape plan or as otherv1ise authorized by permit by the Collier County Landscape Architect. LJ . Removal of vegetation for firebreaks to implement wildfire mitigation plans reviewed and approved by the State of Florida , Division of Forestry Florida Forest Service , shall be permitted . The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry. Exemptions for fire breaks are as provided for in LDC section 3.05.02 G. J K. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation . The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on-site preserves , as identified on the PUD master plan , Plat/Construction Plans or Site Development Plan . K h. In conjunction with a Collier County approved Preserve Management Plan , native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. .b._M. Conservation Collier projects which may need minimal clearing for parking , pathways for walking , or structures that may not requ ire site plan approvals . M._N. Early clearing as part of a final review of an SOP , SIP or PPL , in accordance with LDC 4.06 .04 and_ 10.01 .02 . The following criteria shall apply . 1. Final configuration of preserves is complete. 2. Conser\'ation easements are complete and have been recorded in the public records. Preserves shall be field surveyed and described by sketch and legal description or shown on a specific purpose survey with geometry for the preserve provided . Vegetation shall be protected in accordance with LDC section 3.05 .04. 3. The site clearing/preservation plan for the SOP , SIP or PPL is approved . 4. All applicable Federal , State , and local permits have been submitted prior to commencement and before or at the pre-construction meeting . !i. G. Removal of living or dead standing vegetation with a bald eagle nest. Permits , if required , shall be provided from the Florida Fish and Wildlife Conservation Commiss ion and U.S. Fish and Wildlife Service authorizing the removal of the nest, in accordance with state and federal permit requirements , prior to issuance of a County permit. Removal of vegetation containing an active , inactive or abandoned nest may be allowed when : 1. The vegetation is located on a single-family lot, and is located in such a manner that either: a. The principal structure cannot be constructed , or Page 18of59 Words struek through are deleted , words underlined are added * b. access to the property is impeded. 2. The protected vegetation poses an imminent threat to human safety or an adjacent principal or accessory building . 3. The vegetation is located outside of a preserve or an area used to fulfill the native vegetation preservation requirements of this Code the LDC . * * * * * * * * * * * * SUBSECTION 3.G . AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows: 3.05 .07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate , at a minimum , the preservation standards contained within this section . A. General standards and criteria . The following criteria shall be used to administer the preservation standards in all unincorporated areas of the County : * * * * * * * * * * * * * * 3. Areas that fulfill the native vegetation retention standards and criteria for native vegetative communities of this section shall be set aside as preserve areas , subject to the requirements of LDC section 3.05.07 H. State and Federal parks . preserves . and forests are subject to compliance with the minimum native vegetation retention requirements of this section ; however. such lands are not required to be designated as preserves and are exempt from the requirements of LDC section 3.05 .07 H. * * * * * * * * * * * * B. Specific standards applicable outside the RFMU and RLSA districts . Outside the RFMU and RLSA Districts , native vegetation shall be preserved on site , except for single family residences , through the application of the following preservation and vegetation retention standards and criteria . The single family exception is not to be used as an exception from any calculations regarding total preserve area for a development containing single family lots. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2013. the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element of the Collier County Growth Management Plan .) Page 19of 59 Words struck through are deleted, word s underl ined are added 1. Required preservation . Development Type C oastal High Non-Coastal High Hazard Area Hazard Area Resid entia l and Mi xed Use Less than 2.5 a cres 10% Less than 5 acres 10% deve lo pment Eq ual to or grea ter th an 5 acres 15% Equ al to or g rea ter 25% and less than 20 acre s th an 2.5 acres Eq ua l to or g rea ter th an 20 acres 2 5% Golf Cou rse 35% 35% Commercia l and Indu strial Less than 5 acres 10% Less t han 5 acres 10% d evelop ment and a ll othe r non-Eq ual to or greater 15% Eq ual to or greater than 5 acres 15% sp ecified deve lo pment typ es than 5 acres Ind ustrial development (Rura l-50%, not to exceed 25% of the 50%, not to exceed 2 5% of the project Ind ust ri al Dist rict on ly) project site site. 2. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances : a. Where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native vegetation ; b. Where the parcel cannot reasonably accommodate both the appl ication of the native vegetation retention standards and the proposed uses allowed under this Code , subject to the criteria set forth in LDC section 3.05 .07 H.1.e. c. Right-of-way acquis itions by any governmental entity for all purposes necessary for roadway construction , including ancillary drainage fac ilities , and including utilities within the right-of-way acqu isit ion area . d. Existing utility easements and easements for ingress or egress required for neighboring properties . e. Previously cleared parcels for support of public infrastructure , and which remain cleared of native vegetation. f. Trees and other vegetation planted for landscaping and which have not been used to satisfy the native vegetation preservat ion requirement. g. Prev iously cleared fallow farm fie lds and pastu res , with no canopy trees (other than slash pine trees wi th less than an 8 inch DBH or palms with less than 8 foot of clear trunk ) and less than 75 percent aerial coverage of native vegetat ion . Marshes and sim ilar type en v ironments (640 FLUCFCS Codes) shall not be included in this except ion . h. Industrial zoned parcels . pursuant to the table in LDC section 3.05 .07 8.1 (above). which have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels . unless the overall native Page 20of59 Wo rds stntck th:-ot1gh are deleted , words un derl ined are adde d vegetation retention requirement for the PUD or subdivision is 2 acres or less . C. Specific standards for the RFMU district. For Lands with in the RFMU district , native vegetation shall be preserved through the application of the following preservation and vegetation retent ion standards and criteria , in addition to the generally applicable standards and criteria set forth in LDC section 3.05.07 A. abo11e : (above). Further. for the portion of the Lake Trafford /Camp Keais Strand System located within the lmmokalee Urban Designated Area . native vegetation shall be preserved on site through the application of the Neutral Lands standards established in LDC section 3.05 .07 C.2 (below). 1. RFMU receiving lands outside the NBMO. a. A minimum of 40°/c> of the native vegetation present , not to exceed 25 o/o of the total site area shall be preserved . 1. Off-site preservation shall be allowed at a ratio of 1: 1 if such off- site preservation is located within RFMU sending lands. ii. Off-site preservation shall be allowed at a ratio of 1.5: 1 if such off- site preservation is located outside of Sending Lands . 11 1. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities . b. Where schools and other public facilities are co-located on a site , the native vegetation retention requirement shall be 30 °/o of the native vegetation present, not to exceed 25 % of the site . 2. Neutral lands . a. In neutral lands , a minimum of 60 % of the native vegetation present, not to exceed 45% of the total site area shall be preserved . b. Exceptions . 1. In those neutral lands located in Section 24, Township 49 South , Range 26 East , in the NBMO , native vegetation shall be preserved as set forth in LDC section 2.03 .08 D.5.b. ii. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30 °/o of the native vegetation present , not to exceed 25 °/o of the site . 3. RFMU sending lands . a. In RFMU sending lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved , or as otherwise permitted under the Density Blending provisions of LDC section 2.05 .02 . Off-site preservation shall be allowed in satisfaction of up to 25°/o of the site Page 21 of 59 Wo rds struck thr0t:1g"1 are deleted , wo rds underlined are added * * preservation or vegetative retention requirement, at a ratio of 3: 1, if such off-site preservation is located within or contiguous to Sending Lands. b. In RFMU sending lands that are within a NRPA, 90 % of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of LDC section 2.05.02 . Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. * * * * * * * * * * * H. Preserve standards . * * 1. Design standards . * * * * * * * * * * * * * f. Off-site vegetation retention . * 1. Applicability . A property owner may request that all or a portion of the Collier County on-site native vegetation preservation retention requirement be satisfied offsite for only the following situations and subject to restrictions listed below. * a) Properties zoned commercial or industrial where the on- site preserve requirement is less than 2 acres in size. * * * * * * * * * SUBSECTION 3.H . AMENDMENTS TO SECTION 4.01.02 KITCHENS IN DWELLING UNITS Section 4.01 .02 Kitchens in Dwelling Units , of Ordinance 04-41 , as amended , the Collier County Land Development Code, is hereby amended to read as follows : 4.01 .02 Kitchens in Dwelling Units and Guesthouses A. A room or area . shall be considered a kitchen when designated as such or when there is an apparent food preparation area having one or more of the following criteria : 1. A range ; or 2. A sink and countertop which is not identified for a use other than food preparation : or 3. An unexplained 220-volt electrical outlet that could be used for a major kitchen appl iance . such as a range . B. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen . A dwelling unit containing 2,500 square feet of living area , or greater, may have a secondary kitchen provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. C. Nothing in th is section shall prohibit a dwelling unit from having a wet bar. Page 22of59 Words struck th ro ugh are deleted , words un d erlined are added * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02 .01 Dimens ional Standards for Principal Uses in Base Zon ing Districts , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zon ing districts . Site design requirements apply to the principal build ing on each site . * * * * * * * * * * * Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. I Zoning District Maximum Minimum Distance Between Buildings Building Height (feet) GC 35 None None None None A 35 E 30 RSF-1 RSF-2 RSF-3 RSF-4 RS F-5 RSF -6 RM F-6 RMF-12 RMF-16 RT VR MH TIR VC C-1 C-2 35 35 35 35 35 35 35 50 75 None None None None None A A A 10 stories, not to A exceed 100' S.F. 30 None MH 30 None D uplex 30 None M.F. 35 B 30 None 30 10 35 None 35 A Minimum Floor Area of Buildings (square feet) Floor Are:__J Ratio (%) None 550 1,000 1-story 1,500 1,500 1,000 800 1600 600 750 2-story 1,800 1,800 1,200 1,200 1,200 faoo None None None None None None jNone f None None Efficiency 4 50 None 1 BR 600 2+ BR 750 Efficiency 450 None 1BR 600 2+ BR 750 300 None (max. fo r hotel u nits = 500') None None None None None None 1,000 (ground floor) I None 1,000 (ground floor) None Page 23 of59 _J _J I _J I Words struck throu gh are deleted , words underlined are added C-3 50 None 700 (ground floor) None _J C-4 75 A 700 (gro und floor) Hotels .60 De sti natio n re sort .80 I f 00 (gro und floor) C-5 35 A Hot els .60 Desti nation res ort .80 r-J 1.000 I 50 A None --- BP 35 A 1,000 Non e CO N 35 None None None p c No ne None None CF Towers/ante nnas D 1,000 (gro und floor) None 40 Oth er 30 Overlay D istricts See ta b le of special design requi re ments applicab le to overlay districts. A = 50% of the sum of the he ights of the buildings, but not less than 15 fe et. B = 50% of the sum of the he ights of the buildings. C = Buildings within 100 feet of an adjoining district are lim ited to the height of the most restrictive of an adjoining distri ct. D = 50 % of the sum of the heights of the buildings, but not less than 25 feet. 1. Principal Structure Minimum Yard (Setback) Requirements : Table 2.1. below. provides the minimum yard requirements for principal structures on conforming lots of record in base zoning districts . The following shall apply for all other lots: a. Corner Lots: Corner lots shall have front yards along each street frontage. The other yards shall be considered side yards. See LDC section 2.03 .01 for Estates setbacks. b. Nonconforming Lots of Record: Minimum yard requirements for nonconforming lots of record are provided in LDC section 9.03 .03 A. Table 2.1 -TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line . Zoning Minimum Minimum Min imum Public School district Front Yard Side Yard Rear Yard Requirements (feet) (feet) (feet) GC Non e None None A 50 30 50 x E 75 30 75 x RSF-1 50 30 50 x RS F-2 40 20 30 x Waterfront Non -wate rfro nt RSF-3 30 10 7.5 25 x RS F-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x Page 24of59 Words struck throt:igh are deleted, wo rds un der lined are added RSF-6 25 10 7.5 20 x RMF-6 S.F. 25 NA1Q 7.5 20 x Duplex 25 NA!Q 10 20 3 +units 30 15 20 RMF-12 30 A 30 x RMF-16 b A b x RT b A b x VR Waterfront Non-waterfront x SF./MH 20 10 5 20 Duplex 35 15 15 30 M.F. 35 15 15 30 MH 1 Waterfront Non-waterfront x 25 10 7.5 10 TTRVC2 Waterfront Non-waterfront Waterfront Non-waterfront - 10 10 5 10 8 C-1 25 Resident ial Non-Residential Non -x residential residential 25 15 25 15 C-2 25 25 15 25 15 x C-33 c 25 a 25 a x C-44 d 25 a 25 a x C-54 25 25 15 25 15 x 1• 25 50 e 50 15 x BP 50 50 10 50 25 - CON5 50 50 50 50 50 - p f f f f f x CF 25 Residential Non -Residential Non-x residential residential 25 15 25 15 Overlay See table of special design requirements for the applicable overlay district located in Districts the appropriate section for that district in Chapter 4. * * * * * * * * * * * D. Exemptions and excl usions from design standards. * 1. The height limitations contained in Chapter 2 LDC subsection 4.02 .01 A. Table 2. * Bu ilding Dimension Standards for Principal Uses in Base Zoning Districts do not apply to infrastructure in support of the building , such as mechanical penthouses , elevator shafts , sta ir shafts , mechanical equ ipment, mechanical screening , spires , belfries , cupolas , flagpoles , antennas , communications towers , water tanks , fire towers when operated by a branch of government , ventilators , chimneys , feed storage structures , silos , windmills , airport control towers , or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: * * * * * * * * * * * Page 25 of 59 Word s struck through are de leted, wo rd s underlined are added SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES Se cti on 4.02.03 Sp eci fic Standard s for Location of Accesso ry Buildings And Structures , of Ordinan ce 04-41 , as amended, the Collier County Land Development Code , is hereby amended to read as foll ows : 4.02.03 Sp ecifi c Standa rds for Location of A cc essory Build ings And St ructures A. For the purposes of th is section , in ord er to determine yard requ irements , the term "accessory structure" shall incl ude deta c hed and attached accessory use structures or buildings notwithstand ing the atta chm e nt of such structure or building containing the accessory use to the principal use structure or building . Accessory buildings and structures mus t be constru cted simultan eously with or foll owing the construct ion of the principal structure and shall conform with t he following setbacks and building separations . r- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . 12. 13. Table 3. Dimensional Standards for Accessory Buildings and Structures on Non- Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)**. Fro nt Rear Side Strudure to St rudure (If Detached) Parking garage or carport, sin gle-fa mily SPS 10 feet SPS One-sto ry parking structures and/or carports SPS 35 feet SPS Multistory parking structures SPS 35 feet SPS Swimming pool and/or screen enclosure (o ne-and two-family) SPS 10 feet SPS Swimming pool (mu lti-fam ily and commercial ) SPS f 20 feet 15 feet Ten nis courts (private) (one-and two-family) SPS I 15 feet 1 SPS Te nn is courts (m ulti-family, and commercial) SPS l 20 feet ' 15 feet Utility bu i ldings SPS f 10 f eet SPS Chickee, barbecue areas SPS f 10 feet SPS Atta ched screen porch SPS 1 O feet SPS Unlisted accessory 1SPS lsPS SPS Satellite d ish antenna NP 15 feet SPS Permanent emergency generators NP 10 feet See Sec. 4.02.01 D.13 N = None. N/A = Not applicab le . NP =structure allowed in rear of building only . SPS = Cal cul ated s am e as principal structure. * = 1 foot of accessory he ight= 1 foot building se para ti on . 10 feet I 10 feet I 111 • I N N I 10 feet I r 20 feet ==] l 10 feet 10 f eet I N/A I 1 O feet ==] 10 feet N/A I **=All acce ssory stru ctures in Rural Agric ultural and Es tates zoning districts m us t meet pri ncipal structure setbacks. Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates( E)**2 Page 26of59 Words struck through are de leted, wo rd s underl in ed are added Setbacks [Front I Rear Side Structure to Structure 1 (if detached) 1. Parking garage or carport, single-family 'sPs l sPs l sPS 1 O feet 2. One-story parking structures SPS SPS SPS 1 O feet 3. Multistory parking structures SPS SPS SPS 1 /11 4. Swimming poo l and/or screen enclosure (one-and two-fam ily) SPS 10 feet3 SPS N 5. Swimming pool (multi-family and commercial ) SPS 20 feet 15 feet N 6. Tennis courts (private) (one-and two-family) SPS 15 feet ls ps 10 feet 7. Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 feet 10 feet I See subsection 5.03.06F. _=j 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 1 O feet SPS N 11 . Davits , hoists and lifts N/A N/A 17.5 feet or 15 feet f s PS 12 . j Attached screen porch SPS I 1 0 feet4 I SPS f sPS 13. 14. 15. 16. 17. * Unlisted accessory Docks, decks and mooring pilings Boat slips and ramps (private) Satellite dish antennas Permanent emergency generators N = None . NIA= Not appl icab le . NP =structure a llowed in rea r of building only. SPS = Calculated same as principal structure . SPS N/A N/A NP NP SPS fSPs 10 feet N/A 7.5 feet or 15 feet N/A N/A 7.5 feet N/A 15 feet SPS 10 feet 10 feet See Sec. 4.02.01 D.13 N/A ** = All accessory structures in Rural Agricu ltura l and Estates zoning districts must meet principal structure setbacks. * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA Section 4.02 .16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 4.02 .16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area * * * * * * * * * * * * * D. Building Types and Architectural Standards Page 2 7of 59 Words struck through are deleted , words underlined are added I * 1. Purpose and Intent. The purpose of this section is to supplement the provisions of LDC section 5.05.08 of the LDC by identifying and providing design standards for the building types allowed within the Bayshore Gateway Triangle Redevelopment Area . The standards are intended to attach the same importance to the overall building design as is placed on the use contained therein , and to ensure that proposed development is consistent with the CRA's goals for building fo rm, character and qua li ty . Buildings within the BMUD and GTMUD are expected to be added as long-term addit ions to the architectural vibran cy of the commun ity. 2. Applicability . Each proposed building shall be designed in compliance with the standards of this section for the applicable building type , regardless of the underlying zoning district provis ions . The uses permitted within the building are determined by the underlying zoning district or overlay subdistri ct in which it is located . All buildings shall meet the design requirements set forth in LDC section 5.05 .08 unless otherwise specified in this sect ion . 3. General Architectural Standards . * * * * * * * * * * * * e. Exterior building color within the Cultural District. Buildings with a mixed use or non-residential use and within the Cultural District boundary , as identified in the Community Redeve lopment Agency Resolution 2008-60 as amended , shall meet the following exterior building color standards : 1. The use of color materials or finish paint above leve l 10 saturation (chroma ) or below lightness level 3 on the Collier County Arch itectural Color Charts is limited to no more than 10 percent of a facade or the total roof area . 11. Natural and manmade materials which exceed the saturation or lightness level requirements of Collier County Architectural Color Charts . such as marble, granite , stone , slate . brick . block, tile , and galvanized metal are permissible . f. Deviations from exterior building color. Applicants within the Bayshore Gateway Triangle Community Redevelopment District boundaries may request a deviation from the exterior building color requirements of LDC section 5.05 .08 C. A deviation request shall be subject to the procedures established in 5.05 .08 F and shall be subject to the following criteria : 1. The deviation request is cons istent with LDC section 5.06 .00 , regard ing sign regulat ions and standards . 11. The deviation request consists of no more than 3 colors . 111. The deviation request may not be for a color which is below lightness level 3 on the Collier County Architectural Color Charts . Pa ge 28 of 59 Words struck thrm1g h a re deleted, words underlined are added * * * * * * * * * * * * * * * 8. Building Type : COMMERCIAL * * * * * * * * * * * * * g. Massing and Scale: Commercial buildings shall relate in mass and scale to the adjacent built environment and shall avoid single , large, dominant bu ilding mass . 1. Commercial buildings shall include fa9ade variations so that the maximum length , or uninterrupted curve , of any fa9ade does not exceed 100 linear feet. Fa9ade variations shall be provided through projections and recesses with a minimum depth of 4 feet. ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single , long roof. The maximum length of an uninterrupted flat roof is 100 linear feet. h. Materials and Colors: 1. Commercial buildings shall be of \.vood clapboard , stucco finish, cement fiber board products, brick or stone . 11 . Pitched roofs shall be metal seam (5v crimp , standing seam or similar design ), slate , copper , or wood shingles. iii. Exterior building color: Applicants may request a deviation from the exterior building color requirements of section 5.05 .08 C.13 .b if 50 percent or more of the consists of glazing in the form of transparent windows or doors. These deviation requests shall be subject to the procedures established in section 5.05 .08 F. following the revie\v and approval by the CRA Adv isory Board to ensure consistency 'Nith CR.A. goals and obje cti¥es and community character. b.:. h Awning: * 1. For awnings spanning less than 25 percent of a an applicant may request a deviation from the color restriction identified in section 5.05 .08 C.11 .c.iv . These deviation requests shall be subje ct to the procedures established in section 5.05 .08 F. following the review and approval by the CRA Adv isory Board to ensure consistency with CRA goals and objectives and community character. * * * * * * * * * * Page 29of59 Words struck th ro ugh are de leted, wo rds un derl ined are added SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS Section 4.06 .02 Buffer Requirements , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 4.06 .02 Buffer Requirements * * * * * * * * * * * * * C. Table of buffer yards. * Types of buffers. Within a required buffer strip , the following alternative shall be used based on the matri x 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 adjacent to a lake . the required trees may be clustered on common property lines to provide a view of the lake . Clustered tree plantings shall not exceed 60 feet between clusters . 2. Alternative B: Fifteen-foot-wide , 80 percent opaque within one year landscape buffer six feet in he ight, wh ich may include a wall , fence , hedge , berm or comb ination 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 an Alte rnat ive B buffer is located within a residential PUD and adjacent 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 adjacent lake exceeds 1500 feet in width the hedge planting shall not be required . When a community facility is located within a residential PUD and abuts a residential unit, a Type B buffer shall be required . When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedge plantings shall be located on the residential side of the fence or wal l. * * * * * * * * * * * * Pa ge 30 of 59 Words stntck through are deleted, words underl i ned are added Ta ble 2.4 Table of Buffer Requ irements by Land Use Cla ssificat ions Adjacent Properties Zoning District and/or Subject Property's Distric t/Use Property Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (A 1) -8 8 8 8 B A A A A D A -A 2. Residential (E, RSF) single-f amil y A A B B B B B c B * D B c - 3. Res idential (RMF-6, RMF-1 2, RMF-16 ) A B A A A 8 B B B * D B c - multifam ily 4. Residential tourist (RT) A B A A 8 8 A 8 B * D B 8 - 5. Village residential (VR) A A B B A B B B 8 * D B B - 6. Mobile home (MH ) A B B B B A B B B * D B B 8 7. Commerc ial 3 2 (C-1, G 1ff, C-2, C-3 , C-4 , A B B B B B A A A * D B 8 B C-5 ); Business Park (BP ) 8. lndustrial 2 (I) A c B B 8 8 A A2: 2 A * D B 8 B 9. Public use (P), community facility (CF), Golf A B B B B B A A A * D B c - Course Clubhouse , Amenity Center 10 . Planned unit development (PUD ) * * * * * * * * * * D * * * 11 . Vehicular rights-of-way D D D D D D D D D D -B -D 12 . Golf cou rse ma intenance build ing B 8 B B B B B B B B B A B c 13 . Golf course - -- - - - - - ---B -c 14 . Automobile service A c c B B B B B c * D c c D Table 2.4 information : The letter listed under "Adjacent Properties Zoning District and /or Property Use" shall be the landscape buffer and screen ing alternative required . Where a conflict ex ists between the buffer required by zon ing district or property use . the more stringent buffer shall be requ ired . The " - " symbol shall represent that no buffer is required . The PUD district buffer. due to a variety of differing land uses . is ind icated by the"*" symbol. and shall be based on the landscape buffer and screening of the district or property use with the most similar types. densities and intensities of use . Where a conflict ex ists between the buffering requirements and the yard requ irements of this Code . the yard requ irements of the subject zoning district shall apply. 1 Buffering in agriculture (A) districts shall be appl icable at the time of site development plan (SOP) submittal. 2 Industrial (I) zoned property , where abutting industrial (I) zoned property, shall be required to install a minimum 5-foot-wide type A landscape buffer adjacent to the side and rear property lines. The buffer area shall not be used for water management. In add ition , trees may be reduced to 50 feet on center along rear and side peri meter buffers only . This reduction in buffer width shall not apply to buffers adjacent to veh icular rights-of-way or nonindustrial zoned property . Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with Section 4.06 .02 C.7. This exception to buffers shall not appl y to buffers abutting to vehicular rights-of-way. Page 31 of 59 Wo rds s truck thrmigh are deleted , words underlined are added * 3 Buffer areas between commercial outparcels located within a shopping center , Business Park , or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing 7. 5 feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with Section 4.06 .02 C.7. These provisions shall not apply to right-of-way buffers . e. The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alternative required . VVhere a conflict exists between the buffer required by zoning district or property use , the more stringent buffer shall be required . The " " symbol shall represent that no buffer is required . The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol , and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities and intensities of use . VVhere a conflict exists between the buffering requirements and the yard requirements of this Code , the yard requirements of the subject zoning district shall apply . !.f. Refer to section 5.05 .05 for automobile service station landscape requirements . * * * * * * * * * * * * SUBSECTION 3.M. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS Section 5.03 .02 Fences and Walls , Excluding Sound Walls , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 5.03.02 Fences and Walls , Excluding Sound Walls * * * * * * * * * * * * * C. Residential (RSF , RMF , RT , VR , MH) and TIRVC zoning districts and designated residential components of PUDs shall be subject to the following maximum fence and wall heights: a-1 . If located within the Rrequired front yard: Lots greater than 1 acre : 6 feet. fi -b. Non-waterfront interior lots 1 acre or less : 4 feet. Waterfront lots 1 acre or less : 4 feet. +v-d . Corner lots 1 acre or less : fences closer than 10 feet to the longest lot line frontage of a corner lot, 4 feet ; when placed at 10 feet or greater from the longest lot line then 6 feet. 0-2 . If located within the Rrequired side and/or rear yard(s). Lots greater than 1 acre : 6 feet. H-b. Non-waterfront interior lots 1 acre or less : 6 feet. Waterfront lots 1 acre or less : 6 feet side yard(s); 4 feet in rear yards . +v-d. Public Utility Ancillary Systems : 8 feet. Page 32 of 59 Words struck thro ugh are deleted, words und erlined are add ed * * v-e . Corner lots 1 acre or less : 4-§_feet (there is no rear yard on a corner lot). * * * * * * * * * * * H. Wall requirement between residential and nonresidential development. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district , a masonry wall , concrete or pre-fabricated concrete wall and /or fence shall be constructed on the nonresidential property consistent with the follow ing standards. * * * * * * * * * * * * * * 4. Deviation from wall requirement. * a. At the applicant's request , the County Manager or des ignee may determine that a masonry wall and /or fence is not warranted , part icularly where the local street lies contiguous to the rea r of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished , without constructing a wall , by providing submitting for approval of an alternative design and a descriptive narrative through an Administrative Fence Waiver application , as set forth in the Admin istrat ive Code . through the administrative variance process set forth in subsection 5.03 .02 B.2.b. of this Code . The County Manager or designee shall review the submitted documents for cons istency with t he intent of this section and , if the administrative variance is approved , the approval and its basis shall be noted on the site development plan and the adm inistrative variance approval letter. * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 5.03.03 GUESTHOUSES Section 5.03 .03 Guesthouses , of Ordinance 04 -41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 5.03 .03 Guesthouses Where a guesthouse is an allowable use , it shall be perm itted on ly in compl iance with the following standards . See LDC section 1.08 .00 Guesthouse for additional information . * A. No guest accommodation facilit y in a single-family residential district , whether a freestanding guest house or guest accommodations which are structurally integrated with the main dwelling , may be utilized for commercial purposes . * * * * * * * * * * * * Page 33of59 Words struck thrm1gh are deleted, word s underli ned are added SUBSECTION 3.0. AMENDMENTS TO SECTION 5.03.05 CARETAKER RESIDENCES Section 5.03 .05 Caretaker Residences , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 5.03 .05 Caretaker Residences The County Manager or designee may authorize the construction of a caretaker's residence in the C-11+, C-2, C-3 , C-4 , C-5 , and I zoning districts subject to the following : * * * * * * * * * * * * * SUBSECTION 3.P. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTER Section 5.04 .04 Model Homes and Model Sales Center , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 5.04 .04 Model Homes and Model Sales Center * * * * * * * * * * * * B. Model homes and model sales centers located within res idential zoning districts , a resident ial component of a PUD , the estates (E) zoning district, or the agricultural (A) zon ing district , shall be restricted to the promot ion of a product or products permitted with in the zoning district in which the model home or model sales center is located and further subject to the following : 1. Model homes shall only be permitted for dwellings that have not been previously used as a residence . 2. A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model or products similar to the model. A model home shall not include offices for bu ilders , contractors , developers , or similar act ivities . 3. Model homes may be "wet" or "dry ." a. Model homes perm itted as "dry" models (unoccupied by a sales office and /or representative ) shall be lim ited to a condit iona l certificate of occupancy allowing the use of the structure as a model only , provided all required infrastructure is in place to service t he unit. b. Model homes permitted as "wet " models (occupied by a sales office and /or representative) shall not be occupied until such time as all required infrastru cture is available to service the unit and a permanent certificate of occupancy has been issued . Page 34of 59 Words struek th:ough are del eted, wo rds un derl ined are ad d ed c. Transportation to and from unoccupied model homes shall be provided at a sales center , which also provides required parking and handicapped accommodations in accordance with LDC section 5.04 .04_tC7 . d. Model homes occupied by a sales office and/or representative must have all required landscaping , parking , and handicapped access on site . e. A temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3* years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with LDC section 10 .08.00Chapter 10 of this Code . 4. Model sales centers may be located in either a temporary structure, usually a mobile home , or a permanent structure which is either a residential dwelling unit or a non-residential structure. Temporary use permits shall be issued as follows : a. A temporary use permit for a sales center in a temporary structure shall be issued initially for a period of three (3}-years and may be renewed annually based upon demonstration of need . b. A temporary use permit for a sales center in a permanent structure which is a residential dwelling unit shall be issued initially for a period of three (3* years . Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with LDC section 10 .08.00Chapter 10 of this Code . c. A temporary use permit for a sales center in a permanent structure other than a residential dwelling unit shall be issued initially for a period of three (3* years and may be renewed annually on demonstration of need . 5. Temporary use permits for model homes or model sales centers to be located within a proposed single-family development prior to final plat approval may be requested by the applicant and require : a. Administrative approval of a plat and construction plans showing all required infrastructure for the lot(s) on which the model home or model sales center is to be located . b. A site development plan (SOP) pursuant to LDC section 10.02 .03Chapter 10 . c. A maximum of five (51 models , or a number corresponding to ten (101 percent of the total number of platted lots , whichever is less , per platted , approved development shall be permitted prior to final plat approval as specified above . d. The applicant shall provide documentation that all required utilities will be available to the subject site , and , where required , shall depict such utilities in detail on the SOP. Page 35 of 59 Word s struck through are deleted, words un der lin ed are added e. The parcels on which the models are located must abut a privately owned and maintained road , temporary in nature or permanently constructed to Collier County roadway standards . f. The boundaries depicted on the preliminary subdivision plat shall be depicted on the SOP in order to ensure compliance with the applicable development standards in effect on the subject property . g. Fina l lot grading and dra inage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents. 6. Temporary use permits for model units or units used for sales centers in multi- family projects shall not be issued prior to plat recordation and final approval of the project site development plan . 7. All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of LDC section 5.04 .04_fCt. 8. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows : a. In the case of a permanent structure which is a dwelling unit, a site improvement plan (SIP) per LDC section 10.02 .0310.02 .04 of this Code ; b. In the case of a permanent structure which is other than a dwelling unit, a site development plan (SOP); c. In the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan (CSP ) which addresses the requirements of LDC section 5.04 .04fC}, or a SIP . depending on t he extent of the work required . d. A SIP , depending on the extent of the work required. 9. Temporary use perm its for model homes to be located within a proposed single- family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to LDC section 4.03 .00 , and a CSP which addresses the requirements of LDC section 5.04 .04fCt of tAts Code. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SOP for a model sales center which provides adequate parking to support the model (s). 10. Temporary use permits for occupied (wet) model homes following subdivision approval shall require a CSP which addresses the requirements of section 5.04 .04tCt of the LDCthis Code . Temporary use perm its for unoccupied model homes following subdivision approval shall require a CSP and shall be issued only in conjunction with an approved SOP or SIP for a model sales center which provides adequate parking to support the model (s). Page 36 of 59 Word s stft:lek through are deleted, words underli ned are added * * * * * * * * * * * * * SUBSECTION 3.Q. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS Section 5.04 .05 Temporary Events , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows: 5.04 .05 Temporary Events * * * * * * * * * * * * B. Temporary seasonal sales . A nonrenewable 5 week temporary use permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions . * 1. Temporary use permits for seasonal sales may be issued only for the following seasonal/holiday related items : a. Christmas trees . b. Fireworks . as allowed by F.S. Chapter 791 and f subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins . 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties . 3. The applicant shall provide a notarized letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales . 4. Temporary use permits for seasonal and/or holiday sales may , in support of the use being permitted , include the placement of signs , merchandise , temporary structures , and equipment. * •a. Temporary signage is subject to the restrictions set forth in LDC subsection 5.04 .06 A & B. f+ b. A building perm it may be required for the erection of temporary structures . * * * * * * * * * * * Page 37of59 Words struck through are deleted, words underlined are added SUBSECTION 3.R. AMENDMENTS TO SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION Section 5.06.00 Sign Regulations and Standards by Land Use Classification , of Ordinance 04- 41 , as amended , the Collier County Land Development Code, is hereby amended to read as follows : 5.06.00 Sign Regulations and Standards by Land Use Classification A. Definitions. The definitions of the following terms shall apply to the requirements of the Land Development Code, in particular this section 5.06.00, to be known as the "Collier County Sign Code." * * * * * * * * * * * * * Light Pole Banners: Fabric panels pro jecting from light poles. * * * * * * * * * * * * * SUBSECTION 3.S. AMENDMENTS TO SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS Section 5.06.02 Development Standards for Signs within Residential Districts , of Ord inance 04- 41 , as amended, the Coll ier County Land Development Code, is hereby amended to read as follows : 5.06.02 Deve lopment Standards for Signs with in Residential Districts * * * * * * * * * * * * * B. Appl icability . Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section . * * * * * * * * * * * * * 5. On-premises directional signs. This provision shall apply to all new and ex isting residential developments within Collier County . including all created through the PUD process . In the event of a conflict between this provision and a PUD ordinance . the PUD language shall control. Directional signs are subject to the following standards : no greater than 4 square feet in area , 4 feet in height, and located internal to the subdivision or development may be allowed under the following restrictions . a. Each sign shall be setback a minimum of 10 feet from the edge of the roadway , paved surface or back of the curb, as appl icable . b. There is no limitation on the number of directional signs provided they are separated by a minimum distance of 250 feet or a road right-of-way. These signs may be combined into 1 Signs shall be no greater than 4 square feet in area and 4 feet in height. Page 38 of 59 Wor ds struck through are deleted , words un der lined are added * 1. Exception . One on-premise directional sign with a maximum area of 24 square feet and a maximum height of 8 feet is allowed . Such combined signs require.§ a building permit. d. Directional signs shall be located internal to the subdivision or development. * * * * * * * * * * * 12. Community Amenities Signs . a. Amenity sign . A community center. clubhouse. health soa . tennis club . and other recreational facilities intended primarily to serve the residential communities and/or residential components of a PUD are allowed to have amenity signs located interior to the residential development and shall not be visible from external roadways . This provision shall apply to all new and existing residential developments within Collier County. including all created through the PUD process. In the event of a conflict between this provision and a PUD ordinance . the PUD language shall control. The following amenity signs are allowed : 1. A maximum of 2 ground signs with a height of 8 feet and a sign copy area of no more than 32 square feet per sign . Signs shall be located at the main entrance to the facility . A minimum 10 foot setback from the property line or road right-of-way is required. 11. A maximum of 1 wall sign . pursuant to 5.06 .02 8.7. b. Information sign . A community information sign shall be no larger than 6 feet in height and 16 square feet in area . An informational sign shall be located interior to the subdivision or residential development. 13. Light Pole Banner. Light pole banners shall be located interior to residential developments and/or residential components of a PUD and shall not be visible from external roadways . One light pole banner may be attached to community street light poles with a minimum clearance of 8 feet, measured from the lowest point of the light pole banner bracket. Light pole banners shall be no more than 12 square feet per banner. This provision shall apply to all new and ex isting residential developments within Collier County. including all created through the PUD process . In the event of a conflict between this provision and a PUD ordinance . the PUD language shall control. a. Res idential communities shall be respons ible for the maintenance of all light pole banners . No permit is required to install a light pole banner. 14. Boundary Marker sign. One boundary marker sign or monument structure may be located at each property corner. The boundary marker may contain the name of the subdivision and the insignia or motto of the development. This provision shall apply to all new and existing residential developments within Collier County. including all created through the PUD process . In the event of a conflict between this provision and a PUD ordinance . the PUD language shall control. Page 39 of 59 Words struck throt:tgh are deleted , wo rds underlined are added * * a. The maximum height is 8 feet to the uppermost portion of the boundary marker structure. b. The sign face area may not exceed 24 square feet in area and may not ex ceed the height or length of the monument or structure upon which it is located . c. Minimum setback from all property lines and road right-of-way is 10 feet. d. A ma ximum of two boundary markers shall be allowed on any one road frontage , provided that boundary markers are separated by a minimum distance of 250 feet. * * * * * * * * * * * SUBSECTION 3.T. AMENDMENTS TO SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS Section 5.06 .04 Development Standards for Signs in Nonresidential Districts , of Ordinance 04 - 41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 5.06 .04 Development Standards for Signs in Nonresidential Districts * * * * * * * * * * * * * F. On-premise signs. On-premises pole signs , ground signs , projecting signs , wall signs , and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: * * * * * * * * * * * * * 4. Wall , mansard , canopy or awning signs . One wall , mansard , canopy or awning sign shall be permitted for each single-occupancy parcel , or for each unit in a multiple-occupancy parcel . Sign(s) shall be affi xed to the associated tenant or lease holder's unit. with exceptions for architectural design impediments . as noted in LDC section 5.06 .04 F.4 .b. End units within shopping centers and multiple-occupancy parcels , or single occupancy parcels where there is double frontage on a public right-of-way , shall be allowed 2 signs , but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25 ,000 square feet and a front wall length of more than 200 linear feet , are allowed 3 wall signs ; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by the LDC . a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual including windows of the building or unit to which the sign will be attached and shall not , in any case , exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25 ,000 and Page 40of59 Words struck th-;ough are de leted, words underlined are added * * 59 ,999 square feet and 250 square feet for buildings over 60,000 square feet in area . b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building with a minimum of 10 percent clear area on each outer edge of the unit(s) or of the building . Exceptions may be granted for architectural design impediments subject to noted approval(s). * 1. The clear area , however, may be reduced in width or eliminated provided approval is granted by the County Manager or designee . if it interferes with the architectural features of the unit(s) or the building . 11. A sign may encroach onto an adjacent unit provided the following : * a) Approval is granted by the County Manager or designee ; and b) A notarized authorization letter is required at the time of building permit submittal from the property owner or property management company giving authorization for the sign installation and encroachment onto the adjacent tenant space . * * * * * * * * * SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS Section 5.06 .05 Exemptions from These Regulations , of Ordinance 04-41, as amended , the Collier County Land Development Code , is hereby amended to read as follows : 5.06 .05 Exemptions from These Regulations The following signs and actions are exempt from the permit requirements of the LDC this Code , and shall be permitted in all districts subject to the limi tations set forth below: A. Signs authorized to be displayed by law or by governmental order, rule or regulation . * * * * * * * * * * * * * * 4. Religious displays that do not constitute advertising and which are consistent with the requirements of LDC section 5.06 .04 F.11 . regarding illumination . * * * * * * * * * * * * Page 41of59 Words throt:tgh are deleted , wo rd s underlined are added SUBSECTION 3.V. AMENDMENTS TO SECTION 5.06.06 PROHIBITED SIGNS Section 5.06 .06 Prohibited Signs , of Ordinance 04-41 , as amended , the Collier County Land Development Code, is hereby amended to read as follows : 5.06 .06 Prohibited Signs A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited . * * * * * * * * * * * * * 7. Clear or uncovered neon and exposed LED signs. * * * * * * * * * * * * * SUBSECTION 3.W. AMENDMENTS TO SECTION 5.06.09 NONCONFORMING SIGNS Section 5.06 .09 Nonconfo rming Signs , of Ordinance 04-41 , as amended , the Collier County Land Development Code, is hereby amended to read as follows : 5.06 .09 Nonconform ing Signs A. A nonconforming sign shall not be enlarged or altered in a way that increases its degree of nonconformity. If any sign or portion thereof is to be altered , then the sign /sign structure is to be brought into compliance with all current provisions of the LDC . 1. Change in sign copv. Notwithstanding the above. a change in sign copy to a nonconforming sign structure shall be permitted and shall require a building permit. However. if the change in sign copy includes a change in size . shape . or function of the sign structure . it shall require the nonconforming sign to be removed or altered so as to conform to the regulations contained within the LDC . B. A nonconforming sign shall not be structurally altered to prolong the life of the sign . Reasonable repa ir and maintenance of nonconforming signs , is permitted . * * * * * * * * * * * * * Pa ge 42of59 Words struck through are de leted, word s un derli ned are added SUBSECTION 3.X. AMENDMENTS TO SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS Section 6.06 .02 Sidewalks , Bike Lane and Pathway Requirements , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : 6.06 .02 Sidewalks , Bike Lane and Pathwa y Requirements A. All developments must construct sidewalks, bike lanes , and pathways , as described below: * * * * * * * * * * * * * 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as depicted by Illustrations 1 and 2. Tl • • •• ·c:: .. ::: .. Fl . • ' • . . ,.,__. --- •• ,_.-,-."""' .... 1 • 1116 Page 43of59 Words struek threttgh are deleted , words un derl ined are added TO EOG[ OF CURB DO N'T DO THIS DO THIS Illustration 1 Page 44 of59 ..... . \ \ • 4 4 Word s struck th:ot:1gh are deleted, words underli ned are added _J ..... ...... = tdl 11111111 -, -J Page 45of59 Words struck through are de leted, words underlined are added F - CURB RAMPS L ' I T DON 'T DO THIS DO THI S Illustration 2 Page 46of59 Words struck through are deleted , words under I ined are added 8. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of an intersection . Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio greater than as outlined by the Florida accessibility code for building construction . * * * * * * * * * * * * * SUBSECTION 3.Y. AMENDMENTS TO SECTION 9.03.03 TYPES OF NONCONFORMITIES Section 9.03 .03 Types of Nonconformities , of Ordinance 04-41 , as amended , the Coll ier County Land Development Code , is hereby amended to read as follows : 9.03 .03 Types of Nonconformities A. Nonconforming lots of record. In any district, any perm itted or pe rmissible structure may be erected , expanded , or altered on any lot of record at the effective date of adoption or relevant amendment to the LDC. 1. Except as provided herein . theThe minimum yard requirements in any residential district except RMF-6 and E estates) shall be as for the most similar district to which such lot of record most closely conforms in area, width and permitted use , except that when possible the greater of any yard requirement in either district shall apply , and except when specifically prov ided for in the district regulations . a. Rural Agricultural (A) zoning district: 1. Front Yard : 40 feet. i i. Side Yard : 10 percent of lot width . not to exceed 20 feet on each side . 111. Rear Yard : 30 feet. b. Estates (E) zoning district: See LDC section 2.03 .01 for setbacks. c. RMF -12 : i. Single-family dwellings revert to RSF-6 standards . 11. Duplex and multi-family dwellings revert to RMF-6 standards. d. Mobile Home (MH) zon ing district: 1. Front Yard : 1 O feet. 11. Side Yard : 5 feet or zero (0) foot. Where zero is used . the opposite yard must main t ain a minimum of 10 feet. 111 . Rear Yard : 8 feet. 1v . Waterfront Yard (Side or Rear): 10 feet. 2. The minimum side yard requirement in any commercial or industrial district shall be equal to the height of the proposed principal structure , or the minimum side yard requirement in the district , whichever is lesser. Page 47 of 59 Wo rds struck tAFO\:tgA are deleted , words underlined are added * 3. 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 , may have a reduced front yard along the local road frontageportion. The reduction shall be computed at the rate of fifteen (15) percent of the depth of the lot, as measured from edge of the right- of-way . Front yards along the local road shall be developed with structures having an average front yard of not less than six (6) feet; no building thereafter erected shall project beyond the average line . The reduced front yard setback shall be prohibited along a collector or arterial roadway . 4. 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 of not more than six (6) feet ; no building thereafter erected shall project beyond the average line so established . 4 .&:-When two or more adjacent legal nonconforming lots of record are either combined under a single folio or parcel number for taxing purposes by the property appraiser's office , or combined as a single parcel by recording the previously separate non-conforming lots into one legal description , neither or both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into two or more folio or parcel numbers for tax purposes , or severing the parcels into their former legal descriptions as legal nonconforming lots of record according to the original legal description(s) at the time the property was recognized as legal nonconforming . Prior to any two or more adjacent legal non-conforming lots being combined for development, a legally binding document must be recorded to reflect a single parcel with a unified legal description. Once such a document has been recorded to amend the legal description and a development permit has been approved by the County for development as that unified parcel , the property cannot be split or subdivided except as may then be allowed by this Code . 5. Nonconforming Corner Lots . Corner lots of record which existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and which do not meet minimum lot width or area requirements established in the LDC , shall be required to provide only one full depth front yard . The full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage . The setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full front yard setback requirement for that district. exclusive of any road right-of-way or road right-of-way easement. For setbacks for Estates (E) zoning district. see Section 2.03 .01. * * * * * * * * * * * * Page 48 of 59 Words struck through are deleted , words underlined are added SUBSECTION 3.Z. AMENDMENTS TO SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS Section 10 .02 .08 Requirements for Amendments to the Official Zoning Atlas , of Ordinance 04 - 41 , as amended , the Coll ier County Land Development Code, is hereby amended to read as follows : 10.02 .08 Requirements for Amendments to the Official Zoning Atlas * * * * * * * * * * * * * I. Restrictions , stipulations and safeguards . The Planning Commission may recommend that a petition to amend , supplement or establish a zoning district be approved subject to stipulations , including , but not limited to limiting the use of the property to certain uses provided for in the requested zon ing district. The governing body, after receiving the recommendation from the Planning Commission on a request to amend , supplement or establish a zoning district , may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions , stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the Growth Management Plan . * * * * * * * * * * * * * * * 2. Dedication of public facilities and development of prescribed amenities . * * * * * * * * * * * * * b. Land set aside and /or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezon ing approval process . In any case , however, the county shall take title to the set as ide property , at the latest, by a date certa in established du ring , and cond ition on , the approval of the rezoning action. At no cost to the county , the land set aside and /or to be improved shall be made free and clear of all liens , encumbrances and improvements , at the applicant's sole expense, except as otherwise approved by the board . Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendat ion to the board ef.-for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may be ffi a violation of this LDC pursuant to LDC section 8.08 .00 . * * * * * * * * * * * SUBSECTION 3.AA. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT(PUD)PROCEDURES Section 10 .02 .13 Planned Unit Development (PUD ) Procedures , of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows : Page 49of 59 Words struck through are deleted, words underlined are added 10.02.13 Planned Unit Development (P UD ) Procedures * * * * * * * * * * * * * D. Time limits for approved PUDs . If prior to [effective date of this ordinance) a PUD contains a sunset provision , the sunset provision shall be deemed null and void . Development rights conferred by an approved PUD shall remain in force so long as they are in accordance with the Collier County Growth Management Plan , as amended . purposes of this section , the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has , through a determination made by the Planning and Zoning Department Director, not met the time frames and development criteria outlined in this section of the LDC , as applicable . For all PUDs , the owner entity shall submit to the Planning and Zoning Department Director a status report on the progress of de\•elopment annually from the date of the PUD approval by the Board of County Commissioners . 1. Criteria for sunsetting . The purpose of the report will be to evaluate '1.<hether or not the project has commenced in earnest in accordance with the following criteria: a. For residential portions of PUDs , physical development of infrastructure improvements , including access roads , internal roads , sewer and water utilities and any other related infrastructure , that supports a minimum of 15 percent of the designated residential area or areas of the PUD shall be initiated by the fifth anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and b. For the nonresidential portions of PUDs and commercial and industrial PUDs , physical de) .. •elopment of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space shall be initiated by the fifth anni\'ersary date of the PUD approval. In the event that the floor area is not the defining intensity measure , then 25 percent of the land area to include some representative portion of the building space shall be constructed by the fifth anniversary date of the PUD approval. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area . Thereafter the PUD shall be exempt from these sunset provisions . c. For mixed use tracts or structures, physical development of infrastructure imprO\'ements , including access roads , internal roads , sewer and water utilities and any other related infrastructure that supports a minimum of 15 percent of the designated mixed use tract or structure shall be initiated by the fifth anniversary date of the PUD appro\'al. Physical development of a minimum of 15 percent of app roved mixed use floor area , and 15 percent of the approved residential units , shall be initiated by the fifth anni\'ersary date of the PUD appro\'al. Components of mixed use planned unit developments (MPUDs) that are non residential must comply with LDC subse ct io ns 10.02.13 D.1.b. d. If in the event of a moratorium , or other action of government that pre\'ents the approval of any final de>1elopment order, the duration of the suspension of the approval shall not be counted to11.<ards the 5 year sunset period . e. Infrastructure improvements as required above shall be located on site and shall constitute infrastructure that makes possible '1ertical construction consistent with the permitted land uses . Acceleration lanes, Page 50 of 59 Word s struck through are del eted, words underlined are added entry road access and the like do not count towards meeting the required levels of infrastructure improvements as required above. 2. PUD sunsetting . Prior to or any time after the Planning and Zoning Department Director determines that a PUD has sunsetted , then the property owner shall initiate one of the following : a. Request a PUD extension ; b. Request a PUD amendment ; or c. Request a rezone . 3. Board of County Commissioners action on PUDs 1Nhich have sunsetted . Upon review and consideration of the appropriate application , or the status report provided by the property owner and any supplemental information that may be pro'1ided , the Board of County Commissioners shall elect one of the following: a. To extend the current PUD approval for a maximum period of two years ; at the end of which time , the property owner shall again submit to the procedure as defined herein , howei.'er no further development order applications shall be processed by the County until the PUD is officially extended . b. Appro11e or deny an application for a PUD amendment. The existing PUD shall remain in effect until subsequent action by the Board of County Commissioners on the submitted amendment to the PUD , howe¥er no further development order applications shall be processed by the county until the PUD is officially amended . c. Require the owner to submit an amended PUD . The existing PUD shall remain in effect until subsequent action by the Board of County Commissione rs on the submitted amendment to the PUD , howe¥er no further de11elopment order applications shall be processed by the County until the PUD is officially amended . i. If the owner fails to submit an amended application to the PUD Vt'ithin six months of the action of the Board of County Commissioners to require such a submittal , or the board denies the request to amend the PUD , then the Board of County Commissioners may initiate proceedings to rezone the unimpro¥ed portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the gro\.vth management plan . 4. PUD time limit extensions . Extensions of the time limits for a PUD may be approved by the Board of County Commissioners. The Administrati¥e Code shall establish the submittal requirements for a PUD extension request. An approved PUD may be extended as follows : a. Maximum extension : There may be one PUD extension granted for a maximum of 2 years from the date of original sunset. b. Appro¥al of an extension shall be based on the following : 1. The PUD and the master plan is consistent with the current growth management plan including , but not limited to, density, intensity and concurrency requirements ; 11. The approved de1Jelopment has not become incompatible with existing and proposed uses in the surrounding area as the result of de¥elopment approvals issued subsequent to the original approval of the PUD zoning ; and 111. Appro'1ed de¥elopment will not , by itself or in conjunction with other development, place an unreasonable burden on essential public facilities . Page 51 of 59 Words strack tfl.rough are deleted, words underlined are added c. No more than one extension may be granted for any de¥elopment original approval date. d. Any PUD developer who has not commenced de¥elopment pursuant to the sunsetting provisions set forth in this section of the LDC within 10 years of the original PUD approval date shall submit a new rezoning application . 5. Retention of existing PUD status . a. Once a PUD has sunsetted the land shall retain its existing PUD zoning status , howe\'er applications for additional de'1elopment orders shall not be processed until 1 of the following occurs : i. The Board of County Commissioners approves a request for extension of PUD zoning status . ii. The Board of County Commissioners approves an amendment to the existing PUD . b. Should the Planning and Zoning Department Director determine that de¥elopment has commenced in earnest , then the land shall retain its existing PUD approval and shall not be subject to additional consideration of new de\.felopment standards or use mod1f1cat1on pursuant to the provisions for time limits for appr?¥ed PUDs . . . . c. In the case of de¥elopments of regional impact, PUD time hm1t restrictions shall be superseded by the phasing plan and/or time limits contained within the application for de¥elopment approval and approved as part of a de¥elopment order in conformance with F.S. § 380 .06 . 6. Exemptions from sunsetting . Any educational plants or facilities or public service facilities including police , fire and EMS facilities that \Vere identified in an approved PUD zoning district or PUD master plan and which are consistent with the approved de¥elopment regulations shall retain development rights , although a planned unit de¥elopment may have sunsetted , as provided for this section . A de¥elopment order for such facilities shall be issued in accordance with a site de¥elopment plan approval , without the requi rement to amend or extend the ori ginal planned unit de¥elopment. 7. PUD buildout. For PUDs approved on or after January 3, 2007 the land owner shall : a. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the year for the approved density and intensity. Two years afte r the build out year as defined on the approved Tl S submitted with the application and on the anniversary date of the adopted PUD any rema ining density or intensity that has not been approved by the app ropriate site de¥elopment plan or plat and received a certifi cate of public adequacy (GOA) shall be considered expired and void of any remaining development rights . In the event that action or in action by the County or any regulatory agen cy or legal action pre>+'ents the approval of a de¥elopment order, the duration of the suspension of the appro>;al shall not be counted towards the expiration prO\'ision above , contingent that the applicant has been diligently pursuing a local development order or permit through any of the required regulatory agencies . The County Manager or designee must be notified in writing of the c ircumstances of the delay with the appropriate documentation. b. For all PUDs the build out year as submitted and approved with the application's Traffi c Impact Statement (TIS) shall serve as the reference year for the approved densit}• and intensity. On the build out year as Page 52of59 Words struck through are deleted, wo rds underl in ed are added defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaining density and intensity shall be considered expired if all of the lands Vt'ithin the PUD boundary ha\'e received approval through site development plans or plats and recei'led a certificate of public adequacy (GOA). For non residential portions of a PUD , section (a) abO'+'e allows for two 2 additional years to amend the site development plan(s) in order to apply for development orders for any remaining intensity within non residential sections of the PUD . 8. Local Economic Emergency Ordinance . a. Short title and recitals . This Ordinance shall be knovt'n as the Collier County Local Economic Emergency Ordinance , and the above findings and recitals are hereby adopted by reference into this Ordinance . b. Declaration of Local Economic Emergency . The Board of County Commissioners , convened in regular session , hereby declares and ordains that a local economic emergency exists ·.vithin Collier County , Florida , requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County . This Ordinance is adopted after public hearing pursuant to, and in accordance with , F.S . § 125.66(2). c. Tolling of Land De>+<elopment Code Section 10 .02 .13 .D. LDC section 10.02 .13 .D of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements . These time limit and time limit extension requirements are hereby tolled to May 12 , 2014 for Planned Unit De>1elopments which have not sunsetted prior to the effecti'1e date of this Ordinance [2009 22]. Prior to May 12 , 2014 , the Board of County Commissioners will determine if the declaration of Local Econom ic Emergency should be ended . E. Changes and amendments . There are three types of changes to a PUD master plan Ordinance : Substant ial , Insubstantial , and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas , except for the remo¥al of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10 .02 .13 E.3 .c. * 1. Substantial changes . Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation . Applica nts shall be required to submit and process a new application complete with pertinent supporting data , as set forth in the Admin istrat ive Code . For the purpose of this section , a substantial change shall be deemed to exist where : * * * * * * * * * * * * Page 53 of 59 Words struck through are de leted, words underl ined are added SUBSECTION 3.BB. AMENDMENTS TO SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE Section 10 .03 .05 Required Methods of Providing Public Notice, of Ordinance 04-41 , as amended , the Collier County Land Development Code , is hereby amended to read as follows: 10 .03 .05 Required Methods of Providing Publ ic Not ice This section shall establ ish the required methods of providing public notice . Chapter 8 of the Administrative Code shall establish the public notice procedures for land use petit ions. A. Neighborhood Information Meetings (NIM ). Neighborhood Information Meetings. where required . shall be held prior to the first public hearing and noticed as follows : 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10 .03 .05 B. 2. Newspaper Advertisement prior to the NIM . B. Mailed Notice . 1. Where required . Mailed Notice shall be sent to property owners in the notification area as follows : a. For areas in the urban designated area of the future land use element of the Growth Management Plan notices shall be sent to all property owners within 500 feet of the property lines of the subject property . b. For all other areas , notices shall be sent to all property owners within 1,000 feet of the property lines of the subject property . c. Notices shall also be sent to property owners and condominium and civic associations whose members may be afe impacted by the proposed land use changes and who have formally requested the county to be notified . A list of such organizations must be provided and maintained by the county , but the applicant must bear the responsibility of insuring that all parties are not ified . 2. For the purposes of this requirement , the names and addresses of property owne rs shall be deemed those appearing on the latest tax rolls of Collier County. Unless required by F.S. §125 .66 (4 ), the mailed notice is a courtesy only and is not jurisdictional. Accordingly , provided a good faith attempt for mailed notice is made , failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled . C. Newspaper Advertisement. 1. In accordance with F.S. §125 .66 . Page 54of59 Words struck through are deleted, words underli ne d are ad de d D. Posting of Signage . Where required , sign s shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code . E. Agent Letter. Where required ! an informational letter shall be sent by the owner or Agent to property owners with in 150 feet of the area covered by the petition following the initial staff rev iew comments for the petition and prior to the resubmittal of the petition to the County . * * * * * * * * * * * * * SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Sect ion 10 .03.06 Public Notice and Required Hearings for Land Use Pet itions , of Ordinance 04- 41 , as amend ed, the Coll ier County Land Development Code , is hereby amended to read as follows: 10 .03 .06 Public Notice and Required Hearings for Land Use Petitions * * * * * * * * * * * * * B. Ordinance or resolut ion for a rezon ing , a PUD amendment , or a conditional use. For minor conditional use notice requirements see 10 .03 .06 C, be low and for County initiated rezonings , see 10 .03 .06 K.: 1. The following advertised public hearings are required : a. One Planning Commission hearing . b. One BCC or BZA hearing . 2. The following notice procedures are required : a. A NIM . See LDC section 10.03 .05 A. b. Mailed Notice prior to the first advertised public hearing . c. Newspaper Advert isement prior to each advertised public hearing in accordan ce with F.S. §125.66 . d. Post ing of a sign prior to the fi rst advert ised pub lic hearing . e. For a rezoning or a PUD amendment the County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time , place , and location of the public hearing before the BCC or BZA. C. Ordinan ce or reso lution fo r a mM in or conditional use. * * * * * * * * * * * * * D. Ordinan ce or resolution for a PUD extension , conditional use extension , or conditional use re -review : * * * * * * * * * * * * * Page 5 5of 59 Word s stru ok through are deleted, word s underl ined are added F. Ordinance or resolution for a vVariance . pursuant to LDC section 9.04 .02 or a sign variance . pursuant to LDC section 5.06 .08 : 1. The following advertised public hearings are required : a. One Planning Commission or Hearing Examiner hearing . b. If heard by the Planning Commission , one BZA hearing . 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. a-b . Mailed Notice prior to the advertised public hearing . Mailed Notice shall be sent to property owners within 150 feet of the area covered by the ordinance or resolution prior to the first ad'1ertised public hearing. Newspaper Advertisement prior to each advertised public hearing . G-d . Posting of a sign prior to the first advertised public hearing . G. Ordinance or resolution for a parking Parking exemption , pursuant to LDC section 4.05 .02 K.3 : 1. The following advertised public hearing is required : a. One BZA Planning Commission or Hearing Examiner hearing . b. If heard by the Planning Commission, one BZA hearing . 2. The following notice procedures are required : a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County . A NIM. See LDC section 10 .03 .05 A. b. Mailed Notice prior to each advertised public hearing . shall be sent to property ovw<ners within 150 feet of the subject site prior to the ad·1ertised public hearing . c. Newspaper Advertisement prior to the advertised public hearing . d. Posting of a sign prior to the first advertised public hearing . H. Ordinance or resolution for a PUD Insubstantial Change (POI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation : 1. The following advertised public hearings are required : a. One Planning Commission or Hearing Examiner hearing . Page 56of59 Wo rd s strnck th-r ough are delete d, wo rds und erlined are added 2. The following notice procedures are required : a. For a POI, a NIM . See LDC section 10.03 .05 A. However. upon written request by the applicant. the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued . Q_a . Mailed Notice prior to the advertised public hearing . ca. Newspaper Advertisement prior to the advertised public hearing . Q_s . Posting of a sign prior to the advertised public hearing . I. Ordinance or resolution for the establishment, amendment or the abandonment of a Development of Regional Impact (ORI): * * * * * * * * * * * * * J. Ordinance or resolution that is initiated by the sec and will change the zoning map designation of less than 10 contiguous acres of land . This is commonly referred to as a rezone . * * * * * * * * * * * * 2. The following notice procedures are required: * * * * * * * * * * * * d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time , place , and location of the public hearings before the sec . K. Ordinance or resolut ion that is initiated by the SCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted , conditional , or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: * * * * * * * * * * * ** 2. The following notice procedures are required: * * * * * * * * * * * * b. Newspaper Advertisement prior to the SCC hearings in accordance with F.S § 125.66 (4) including a project location map . * 1. In lieu of the newspaper advertisement, the sec may mail a written notice to property owners within the area covered by the proposed ordinance or resolution . The notice shall include the time , place and location of both the public hearings before the sec . * * * * * * * * * * T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10 .02 .13 E.3.c. Pa ge 57of59 Words sfrnck thro1:1gh a re delete d, words und erlin ed are added 1. The following notice procedures are required : a. Mailed Notice . sent by the applicant. 2. The following advertised public hearings may be required : a. If a written objection is received , one BCC or Hearing Examiner hearing . U. Automobile Service Station Waiver pursuant to 5.05 .051 and Alcohol Beverage Distance Waiver pursuant to 5.05 .01 , and Nonconform ing Use Change pursuant to 9.03 .02 D. 1. The following advertised public hearings are requ ired : a. One BZA or Hearing Examiner hear ing . 2. The following not ice procedures are required : a. For an Alcohol Beverage Distance Waiver. an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. a-b . Newspaper Advertisement prior to the advertised public hearing . V. Nonconforming Use Change pursuant to 9.03 .02 D and Nonconforming Use Alteration . pursuant to LDC section 9.03 .03 B.5. 1. The following advertised public hearings are required : a. One Hearing Examiner or BZA hearing . 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing . b. Newspaper Advertisement prior to the advertised public hearing . c. Posting of a sign prior to the advertised public hearing . * * * * * * * * * * * * * SECTION FOUR: ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS The amended Zoning Map Number 0502S attached as Exhibit A is hereby adopted . Page 58 of59 Words struek through are deleted , words underlined are added SECTION FIVE: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ord inance of Collier County or other applicable law, the more restrictive shall apply . If any phrase or portion of th is Ordinance is held invalid or unconstitutional by any court of competent jurisdiction , such portion shall be deemed a separate , distinct and independent provision and such holding shall not affect the val idity of the remaining portion . SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida . The sections of the Ordinance may be renumbered or re-lettered to accomplish such , and the word "ordinance" may be changed to "section ," "article ," or any other appropriate word . SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon fil ing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County , Florida , this 8 th day of July , 2014 . Approved as to form and legality : k U ti ) Heidi Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/ 1058 (7/8/14 ) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY , FLORIDA Page 59 of 59 This o rd inance filed with the of St at e's .fh e day of , ..wR and rl ce ived t his day of ( Wo rds struek tltro 1:1 gh are deleted, words un derlined are added EJ "I l!q14x3 I (.) > a: : © Cir IO) If' 2 SLOW u. :E a: ll § >-I:! e . <> .. IC § -0 • § .,.• r , t • 01 I I I • i I . . \ ... - - - - -.- - - - - - - - - - - -·: 'MH-JO - - - - - - - - - - - - - - - 0 I:.. :i .. :I I! .:ii N c( N '·· a -er Di 0 s: ...J i5 LL. .... z g 0 :I ..... ; I' z ;j 0 u l:: a:: ;f w z ::J ::> ...J 0 ! 0 u I ((-(4 t •-t _...ll--11 t f't-.h "'"'"_, ---1$- W ""( .. U C.401 IJITCU&e 11101 - l 3-...a ............ t -- >-.. 0: • < 0 i z ::::> -·1 I 0 m iii 111 0 <ll I llilJI z ,_ i ,_ :ii 0: -i t:o!::l:!:!!1!!:H 0 _j <u i <ll <ll t n f S11u as: c( c( ,. .. _ u (.) i3 i3 .. • I I ,. • I s • I ii i I • I • I I It I-....... ..... . ·n:iJnosaJ .x> :>!J0••111 6unou6is;oip iil :>Jnos .<1 unoo !O!:l!.IJO ''I' OJO sdO ri .<\luqoqoJd a111 :NOISIA3tl lSVl RICK SCOTT Governor July 14, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125 .66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-33, which was filed in this office on July 14, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850} 245-6270 • Facsimile: (850} 488-9879 www.dos.state.fl.us COLLIER COUNTY GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT Project/Petition #PL20160003084/CPSS-2016-3 (ADOPTION HEARINGS) [Companion to PUDZ-PL20160003054] CCPC: FEBRUARY 15, 2018 BCC: MARCH 27, 2018 AGENDA ITEM 9-B TABLE OF CONTENTS 2016 - Cycle 3 GMP “Small Scale” Growth Management Plan Amendment CCPC Adoption Hearings February 15, 2018 1) TAB: Adoption Staff Report DOCUMENTS: CCPC Staff Report: PL20160003084/CP-2016-3 2) TAB: Ordinance DOCUMENTS: Adoption Ordinance with Exhibit “A” text (and/or maps): PL20160003084/CP-2016-3 3) TAB: Legal Advertising DOCUMENT: CCPC Advertisement 4) TAB: Project/Petition DOCUMENT: PL20160003084/CP-2016-3 Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 16 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: February 15, 2018 RE: PETITION PL20160003084/CPSS-2016-03, SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to PUDZ- PL20160003054) ELEMENT: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT/OWNER(S): Applicant: Jerry Starkey, Manager Real Estate Partners International, LLC 1415 Panther Avenue Naples, FL 34109 Agents: Robert J. Mulhere, F.A.I.C.P. Holes Montes, Inc. 950 Encore Way Naples, FL 34110 Agents: Richard C. Grant, Esquire Grant Fridkin Pearson, P.A. 5551 Ridgewood Drive, Suite 501 Naples, FL 34108 Owner: Collier County CRA 3301 Tamiami Trail East Naples, FL 34112 GEOGRAPHIC LOCATION: The subject property, a ±5.35-acre site made up of six parcels, is located on the south side of Davis Blvd. (SR 84), the north side of Tamiami Trail East (US 41), approximately 500 feet east from the intersection of those two roads, and 300 feet west of Commercial Drive, in Section 11, Township 50 South, Range 25 East. (East Naples Planning Community). Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 16 REQUESTED ACTION: The applicant proposes a small-scale Growth Management Plan amendment to the Future Land Use Element (FLUE), specifically to create a new Subdistrict, the Mini Triangle Mixed Use Subdistrict; amend the text; and create a new map for this Subdistrict, “Mini Triangle Mixed Use Subdistrict” in the Future Land Use Map series, which will identify the newly created Subdistrict, affecting fewer than ten (10) acres, by: 1) Amending Policy 1.5 Urban – Mixed Use District to add the Mini Triangle Mixed Use Subdistrict; 2) Amending Urban Designation provisions to add the new Subdistrict name where various Subdistricts that allow residential and non-residential uses are listed; 3) Amending the Urban – Mixed Use District to add the new Subdistrict provisions; 4) Amending the Bayshore/Gateway Triangle Redevelopment Overlay text to allow higher densities, intensities, and uses within the new Subdistrict area. 5) Adding the title of the new Subdistrict map to the itemized Future Land Use Map Series listing; and 6) Amending the Future Land Use Map to depict the new Subdistrict, adding a new Future Land Use Map Series inset map that depicts the new Subdistrict. The Subdistrict language proposed by this amendment is found in Ordinance Exhibit “A”. SUBJECT SITE Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 16 PURPOSE/DESCRIPTION OF PROJECT: The petition is to amend the Future Land Use Element of the Growth Management Plan to establish a new Subdistrict to allow 210 multi-family dwelling units, 152 hotel suites/rooms, in addition to a maximum of 74,000 square feet of retail, restaurant, movie theatre (multiplex), bowling center and physical fitness facilities and personal services, and 60,000 square feet of professional or medical office uses. Through a conversion formula, other uses allowed are Assisted Living Facility (150 units maximum), 60,000 square feet of indoor self -storage, and 30,000 square feet of new car dealership. Also, through conversion, a maximum of 400 DUs is allowed or 200,000 square feet of commercial uses. And a minimum of 50 dwelling units (DUs) and 30,000 square feet combined of retail, restaurant, office, or other allowable commercial uses are required. A companion petition [PL20160003054] will rezone this property from C-4-GTMUD-MXD to Mini Triangle MPUD-GTMUD-MXD. The zoning action will implement the Mini Triangle Mixed Use Subdistrict. STAFF ANALYSIS: SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Property: The Future Land Use designation of the subject site is Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict; Coastal High Hazard Area (CHHA) Overlay; Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) and within the “mini triangle” of that Overlay as shown on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP) (the mini triangle encompasses lands bounded by Davis Blvd., Tamiami Trail East, and Commercial Drive). The Bayshore/Gateway Triangle Redevelopment Overlay in the FLUE allows for a mix of residential and commercial uses, but it is limited to C-1 through C-3, plus hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies – which include allowing development per the existing zoning. The +5.35 acre subject site is zoned C-4-GTMUD-MXD (General Commercial, Gateway Triangle Mixed Use District – Mixed Use Subdistrict) allowing uses from the Commercial Professional and General Office District (C-1), Commercial Convenience District (C-2), Commercial Intermediate District (C-3), and General Commercial District (C-4) zoning districts, OR the site could be developed as mixed use as provided for in GTMUD-MXD Zoning Overlay (residential uses and select commercial uses from the C-1 through C-3 Districts). The project site’s current C-4 zoning allows only for commercial uses, no residential. Surrounding Lands: North: The FLUM designates land located north of the subject property, across Davis Blvd. (SR 84), Urban Mixed Use District, Urban Residential Subdistrict. This area is zoned C-4-GTMUD-MXD and is developed with retail, restaurant, and hotel uses. Further to the north, lands are designated Urban Residential Subdistrict and zoned RSF-4, Residential Single Family 4 dwelling units per acre. This northern area is developed with a small marina and single-family homes. Lands lying across Davis Blvd. (SR84) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 4 of 16 to the northwest of the project site are within the City of Naples and developed with a restaurant and a hotel. South: Immediately adjacent to the south and southwest (across Tamiami Trail East (US 41), lands are within the City of Naples and developed with Naples Bay Club, a private club. To the southeast across Tamiami Trail East (US 41) lands are designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict and zoned C-4-GTMUD-MXD. To the southeast along US 41 (across from the project site), lands are mostly undeveloped. Lands further to the south are designated Urban Coastal Fringe Subdistrict and zoned RSF-3, Residential Single Family 3 dwelling units per acre. This land is developed with single family homes. West: Immediately adjacent to the west, lands are mostly undeveloped and designated Urban Mixed Use District, Urban Residential Subdistrict and zoned C-4-GTMUD-MXD. The applicant and agent currently hold a pre-approval letter for a site development plan for a hotel development. The zoned height is 112 feet (the maximum zoned height allowed in the GTMUD-MXD for the mini triangle area) with an actual height of 131 feet 6 inches. Further to the west is Tamiami Trail (US 41), and the Gordon River Bridge with commercial development along the corridor, all within the City of Naples. East: Immediately adjacent to the east, lands are designated Urban Mixed Use District, Urban Residential Subdistrict, zoned C-4-GTMUD-MXD and C-5-GTMUD-MXD (Heavy Commercial), and developed with Budget Car and Truck Rentals and several unoccupied commercial businesses until east of Commercial Drive. East of Commercial Drive is a mix of retail uses. In summary, the existing and planned land uses, and current zoning in the area immediately surrounding the subject property are a mix of Commercial developments with intensities as great as C-4 and C-5, as well as low density residential uses. Background and Considerations: The subject site is located within that portion of the B/GTRO designated as the “mini triangle” catalyst project site. The intent is for this mini triangle to be redeveloped – it is at the gateway (entrance) into the B/GTRO when leaving the City of Naples on Tamiami Trail East – with hopes that it will be the catalyst for further redevelopment in the Overlay. The FLUE encourages mixed use developments. FLUE Policy 7.5 states, “The County shall encourage mixed use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This Policy shall be implemented through provisions in specific Subdistricts in this Growth Management Plan.” The FLUE goes on to say, “The Urban Mixed Use District is intended to accommodate a variety of residential and non - residential land uses, including mixed-use developments such as Planned Unit Developments.” Although this Subdistrict is not located within a Mixed Use Activity Center, it proposes many of the same characteristics (will allow both residential and commercial retail/office uses; is located on, and near an intersection of, two arterial roadways; and provides an interconnection with one abutting project (future hotel project to the west of the project site at the tip of the “mini triangle”). Also, this Subdistrict is located proximate to major employment centers and goods and services located along the Davis Blvd. (SR 84) and Tamiami Trail (US 41) corridors. Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 5 of 16 This petition proposes the creation of the Mini Triangle Mixed Use Subdistrict. The project site lies within the “mini triangle” area of the Bayshore/Gateway Triangle Redevelopment Overlay. The Future Land Use Element (FLUE) states that the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), depicted on the Future Land Use Map (FLUM), is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The total area comprises approximately 1,800 acres currently developed with a wide range of residential and commercial uses. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. The Community Redevelopment Agency (CRA) for the Bayshore/Gateway area was created by the Collier County Board of County Commissioners (March 2000) to address deteriorating physical and economic conditions that were prevailing within Bayshore/Gateway Triangle area at that time. The objective of the CRA is to foster redevelopment and create a sense of place, primarily through private investment. The applicant as contract purchaser, proposes to create a Mixed Use Subdistrict to allow residential development in the Subdistrict in addition to the previously allowed C-4 General Commercial development. In the companion zoning petition, it states that additional potential uses could be developed only through the application of a Land Use Conversion Matrix and could include a maximum of 150 assisted living facility units, a maximum of 60,000 square feet of indoor air-conditioned passenger vehicle and self-storage, a maximum of 30,000 square feet of new car dealership, and any other comparable principal uses. The proposed companion MPUD (Mixed Use Planned Unit Development) Document, Exhibit A: List of Permitted Uses, contains a table that may be used to convert from one allowable use to another so long as the uses do not exceed the maximum total daily trips of 875 two-way PM peak hour unadjusted trips. To ensure that this development remains mixed use in nature, a minimum of 50 multi-family residential uses and a combination of 30,000 square feet of retail, restaurant, office, or other allowable commercial uses must be developed, regardless of any conversion allowances. Converted uses may result in an increase in the maximum units, square footages, and/or densities stated in the Principal Uses. Because this companion MPUD proposes allowing the conversion of one land use to another, the actual mix of uses that will be constructed in this project will be determined by the developer, subject to the limitations and restrictions included in the Subdistrict and MPUD. The MPUD will implement the Subdistrict. Submitted Documentation: Synopsis of supporting documentation submitted for the GMPA includes: Environmental Report: Prepared by Collier Environmental Consultants, Inc. (no date), included soil analysis, Florida Land Use and Cover Classification System (FLUCCS Code) map and Vegetation Inventory, and photos of the site. Conclusion of report stated, “These parcels have NO listed Species, Native Habitat or other environmental issues.” Traffic Impact Statement: Gateway Mini Triangle: Prepared by Trebilcock Consulting Solutions, PA., last revision was dated 3-29-17. The land uses considered in this report (for the GMPA) included only the maximum uses being requested of 210 multi-family dwelling units, 150 hotel rooms, 74,000 square feet of retail and personal services, and 60,000 square feet of office. The companion PUDZ contained the land use conversion matrix and associated traffic impacts. The traffic impact for the Mini Triangle Mixed Use Subdistrict is limited to a maximum of 875 two-way P.M. peak hour unadjusted trips, with or without using the conversion matrix. Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 6 of 16 Ten Principles for Rebuilding Neighborhood Retail: Published by Urban Land Institute in 2003. This publication examines the impact of declining neighborhood retail within urban neighborhoods and communities and the challenges of rebuilding. It states that conveniently available goods and services is a key factor that people consider when choosing a place to live. Blending of older retail and new redevelopment that is realistically market-based to achieve long-term sustainability along with planning principles was also discussed. Smart Growth and Economic Success: Investing in Infill Development: Published by United States Environmental Protection Agency and dated February 2014. It states that infill projects are being successfully developed all over the country; the trend is more people will choose to live in infill locations, especially as they age; and, costs and time of developing can be higher, but there is an increasing demand. Higher-Density Development: Myth and Fact: Published by Urban Land Institute and dated 2005. It states that America’s changing population is creating demand for new types of homes, offices and retail outlets; and, most land use professionals and community leaders now agree that creating communities with a mix of densities, housing types, and uses could be the antidote to sprawl when implemented regionally. It also explains higher density facts vs. myth. Density: This petition proposes a residential component allowing 210 multi-family dwelling units or up to 400 DUs through the conversion ratio proposed in the MPUD. The Urban Residential Subdistrict allows residential uses at a base density of 4 dwelling units per acre (DU/A); however, the B/GTRO allows up to 12 DU/A for mixed use projects to encourage redevelopment within this overlay. The “mini triangle” is identified in the B/GTRO as a catalyst project for spurring redevelopment with greater density and intensity allowing for greater flexibility in site design and development standards. The 210 multi-family dwelling units calculates to a density of approximately 39 DU/A (210 DUs ÷ 5.35 A = 39.25 DU/A). The petitioner states that in order to have a viable redevelopment project, this greater density is needed and the CRA Advisory Board supports this request. The companion zoning petition includes a Land Use Conversion Matrix that would allow the developer land use flexibility to increase one land use while decreasing another use. The developer could apply the Land Use Conversion Matrix to develop a total of 400 multi-family dwelling units; this would calculate to a density of approximately 75 DU/A (400 DUs ÷ 5.35 A = 74.77 DU/A). The 152 hotel suites translate to a density of 28 units per acre (152 Units ÷ 5.35 A = 28.41 units/acre). Should the developer apply the Land Use Conversion Matrix to develop a total of 200 hotel units, this would translate to a density of 37 units per acre (200 Units ÷ 5.35 A = 37.38 units/acre). Height: The proposed Subdistrict text includes an exception to the provisions of the Land Development Code (LDC) in regards to building height (LDC Section 4.02.16 – Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area ). The C-4-GTMUD-MXD allows for a maximum zoned height of 56 feet and 112 feet for a Mixed Use Project (MUP). A building’s actual height is often greater than its zoned height. The applicant is requesting to rezone the property, in part, to achieve taller building heights than what is currently allowed under the C-4-GTMUD-MXD. The MPUD proposes a maximum zoned height of 160 feet and an actual height of 168 feet. The MPUD’s requested zoned height is approximately 48 feet taller or 42.9 percent greater than what is allowed in the C-4-GTMUD-MXD. The proposed height is 168 feet Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 7 of 16 from Mean Sea Level, per the zoning petition. A Federal Aviation Administration letter of ‘No Hazard’ was included in the petition packet. Compatibility: There is a wide range of uses in the area surrounding the Subdistrict. They range from C-1 through C-5 uses along both Davis Blvd. (SR 84) and Tamiami Trail East (US 41) to single family homes further to the north and south. The FLUE encourages development to transition from higher intensities to lower intensities. Use intensities often diminish as development moves away from arterial roadways. Compatibility can be more specifically addressed at time of zoning, and may include building height and size limitations, setback and buffer requirements, etc., as well as use limitations and restrictions. Development Scenarios Table: Uses and Development Standards Permitted by FLUE (B/GTRO) Permitted by Existing Zoning C-4-GTMUD-MXD Petition Request Land Uses Mix of residential and commercial uses (limited to C-1 through C-3) plus hotel/motel use (0.60 FAR); theatrical producers (except motion picture), bands, orchestras, and entertainers, with some individual uses limited in square feet; OR uses allowed by existing C-4 zoning. All permitted uses in C-4 General Commercial Zoning District OR residential and limited commercial (generally C-1 through C-3) uses per GTMUD-MXD Overlay Mixed Use with residential, retail, restaurant, office, personal service; with land use conversions would also allow Assisted Living Facility, air-conditioned passenger car and self storage, and new car dealership. General square feet limitation only (74,000 square feet for total retail or 60,000 square feet for total office) with a maximum of 200,000 square feet, via conversion, for a combination of retail, office, personal service, restaurant, or movie theater uses; Hotel at 28 units / acre (152 units) or 37units/acre (200 units, via conversion) Proposed/Permitted Height none Non Mixed Use Project: Actual – 56 feet; Mixed Use Project: Actual – 112 feet Actual - 168 feet above Mean Sea Level; Zoned – 160 feet Proposed/Permitted Residential Density 12 DU/A in mixed use development None – residential-only is not allowed by C-4 OR 12 DU/A in mixed use development per GTMUD- MXD Overlay Maximum 39 DU/A (210 DUs) unless MPUD conversion matrix is applied and then maximum is 75 DU/A (400 DUs) Traffic Impacts - Limitations none Determined at time of SDP Maximum trip generation of 875 two-way peak PM unadjusted trips Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 8 of 16 Justifications for Proposed Amendment: The petitioner states, “Over the past several years, there has been rising interest in redevelopment within the CRA and several significant improvements have already occurred or are in the planning stages. These include streetscape and pedestrian and bicycle pathway enhancements, street lighting, crime reduction, façade improvements, and of course the beautiful Botanical Gardens.” The applicant’s justification for the requested amendment is that development of a “catalyst” project that, with a mix of commercial and residential uses, will create a certain “synergy” of activity and sense of place, and that such a development will be a catalyst for future investment in the greater Triangle redevelopment area. The petitioner states that “in terms of design and development standards, including but not limited to lot coverage, building setbacks, building heights, access, frontage, density and size, floor area, site design, building orientation is absolutely necessary to address the u nique nature of redevelopment and to create an interest on the part of private investors despite the increased market risk.” The Bayshore/Gateway Triangle Redevelopment Plan identified the high density/intensity mixed use “mini triangle” project as the type of project, serving as a catalyst, that would encourage additional private investments in the area. The location of the Mini Triangle Mixed Use Subdistrict will produce projects with high visibility, as it serves as a gateway between Collier County and the City of Naples incorporated area and the city’s main business center. The subject site is located at the intersection of two arterial roadways, Davis Blvd. (SR 84) and Tamiami Trail East (US 41). This Subdistrict location is within 5 miles of high employment centers such as NCH downtown, multiple shopping areas (including Coastland Center), Naples High School, and many other employment locations. With easy access to two arterial roadways and commuting times and distances potentially reduced, this location can be attractive to prospective residents in the Subdistrict. This project location is also well situated for a mixed use development offering new employment opportunities as well as goods and services being readily available to surrounding residential developments and the proposed residential development within the Subdistrict. Identification and Analysis of the Pertinent GMPA Criteria in 2017 Florida Statutes Chapter 163.3187: The process for adoption of small-scale comprehensive plan amendment requires (in part) the following statutory standards be met, [followed by staff analysis in bracketed text]. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 5.35 acre property.] (b) The cumulative annual effect of the acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [To date, no small scale GMP amendment has been adopted in calendar year 2018] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly-related text changes.] Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 9 of 16 (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained between and among elements if the amendment is approved.] In addition, Chapter 163, F.S., Section 163.3177(6)(a)3.g. requires the Future Land Use Element to include “criteria to be used to provide for the compatibility of adjacent land uses”. Such criteria are typically expressed through measures of allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a GMP amendment, then present and defend as necessary, that data and analysis. Refer to application Attachment “B”, Mini Triangle Subdistrict, Justification & Supplemental Information, Updated Version Dated September 25, 2017. Environmental Impacts and Historical and Archaeological Impacts: The Environmental Planning Section, Summer Araque, Principal Environmental Specialist, reviewed and recommended approval of the petition in February 2017. This project is urban redevelopment and the site currently does not include any Preserve. The site consists of six (6) parcels that have been previously cleared and developed. According to the Environmental Report that was submitted with this petition, the parcels consist of warehouses, office buildings, and paved parking and offer no environmental function. These parcels have no listed species, native habitat or other environmental issues. The project site is void of vegetation other than a few remnant landscaping plants and some invasive exotics. No historical or archaeological impacts were addressed in this application. This site is previously cleared. Public Facilities Impacts: Eric Fey, Senior Project Manager with Collier County Public Utilities Engineering & Project Management Division, completed his review and recommended approval of this petition in January 2018 with one informational comment: “Approval of this petition should not be construed as a service commitment nor as representation that capacity is or will be available in the downstream wastewater collection/transmission system without necessary improvements by the developer.” Transportation Impacts: Michael Sawyer, Project Manager with Collier County Transportation Planning, completed his review and recommended approval of this petition in January 2018. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 10 of 16 A Neighborhood Information Meeting (NIM), as required by Land Development Code (LDC) Section 10.03.05 A, was duly advertised, noticed, and held on October 18, 2017, 5:30 p.m. at The Club at Naples Bay Resort (the Cypress Ballroom), 1800 Tamiami Trail East, Naples, FL 34102. This NIM was advertised, noticed, and held jointly for this small scale GMP amendment and the companion Planned Unit Development Rezone (PUDZ) petition. The applicant’s team gave a PowerPoint presentation and then responded to questions. A total of approximately 20-25 members of the public, along with approximately 8 members of the applicant’s team and County staff, attended the NIM. Commissioners Penny Taylor and Donna Fiala also attended. The consultant discussed the purpose of the project and the site’s existing conditions. He explained the application was for a mixed use development on the 5.35 acre site that included: x Maximum project generated vehicle trips capped at 875 two-way PM peak hour unadjusted trips x Minimum of 50 multi-family dwelling units (DUs) with a maximum of 400 multi-family DUs; x Maximum of 200 hotel units x Minimum of 30,000 and maximum of 200,000 square feet of a combination of two or more of the following uses: retail, restaurant, office, any other allowable commercial uses. The Consultant provided a conceptual site plan as well as architectural renderings of the project site. The public asked many questions about the project details. Concerns raised included: x Height: A citizen asked what a 160-foot building looks like, how many stories? The Consultant informed him that it would be approximately 15 – 16 stories. x Height: Why doesn’t the permitted maximum height of 112 feet work for this project (given the close proximity to the Naples Airport), especially since the Trio Hotel project next to the west of the project site used the permitted maximum? The developer stated that he met with the Airport and they determined the height was acceptable. The developer mentioned that there has been an existing 196-foot tall telecommunication tower on the site for years. He also mentioned the Federal Aviation Administration (FAA) had issued a no-hazard letter rendering on the project site. x Traffic Impact: Questions about the ingresses and egresses to the project. Also questions about pedestrians, parking, impact on adjoining roads (Davis Blvd. and Tamiami Trail East), and traffic signalization for the ingress/egress for site. The meeting ended at approximately 6:10 p.m. [synopsis prepared by Sue Faulkner, Principal Planner, Comprehensive Planning Section] FINDING AND CONCLUSIONS: x There are no adverse environmental impacts as a result of this petition. x No historic or archaeological sites are affected by this amendment. x Transportation-related questions/concerns were brought forward by a few citizens at the Neighborhood Information Meeting; however, Transportation Planning has recommended approval of this project and there will be a maximum of 875 two-way PM peak hour unadjusted trips for this project. The Consultant has stated that with current zoning built out, more than 875 PM peak trips would be generated. Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 11 of 16 x Several citizens at the Neighborhood Information Meeting voiced concern/questions about the proposed 168-foot building height; however there has been a 196-foot telecommunications tower on the site for years. A “no-hazard” letter from the FAA is part of the petition packet. There is no maximum height specified in this petition; that detail is included in the companion rezone petition. x The uses are generally compatible with surrounding development. x The Mini Triangle site, located at a major intersection and proximate to residential development and commercial development, has been identified and approved by the CRA as a catalyst project area which includes mixed use and high density. x The CRA Advisory Board recommended approval of this project. x The CRA Board, by virtue of its contract with the petitioner, has conceptually approved of the general scope of this project. x Staff accepts the petitioner’s assertion that the greater densities and intensities requested are necessary for the project to be viable. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on January 31, 2018. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20160003084/CPSS-2016-3 to the Board of County Commissioners with a recommendation to approve and for transmittal to the Florida Department of Economic Opportunity, subject to the following non-substantive edits (needed for proper format, etc.): [Single underline/strike through = Petitioner’s proposed text; Double underline/strike through = Staff’s recommended edits [REMAINDER OF PAGE INTENTIONALLY BLANK] Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 12 of 16 19. Mini Triangle Mixed Use Subdistrict I. Purpose and Intent: The Mini Triangle Mixed Use Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the 5.35 acre site specific Mixed Usethis Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan1 (approved on June 13, 2000 by Resolution 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a “Mixed Center/Corridor Development Concept”. The intent of the Plan related specifically to the Mini Triangle area is to create a Catalyst Project (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to provide for this greater intensity, density, and flexibility, the Mini Triangle Subdistrict shall be rezoned to MPUD. II. Allowable Uses and Restrictions: All uses allowed within the Gateway Triangle Mixed Use Overlay District Mixed Use Subdistrict (GTMUD-MXD) shall be allowed within this Subdistrict subject to the intensity and density limitations identified in paragraphs Aa. through Ff., below. To ensure a mixed use development, a minimum of 50 multi-family dwelling units and 30,000 square feet of two or more of the following commercial uses shall be developed: professional office, retail, restaurant and personal services. The PUD shall establish a date, timeframe, or condition by which the minimum 50 multi-family dwelling units and 30,000 square feet of commercial development shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access, sewer and water lines and facilities, stromwater stormwater facilities, surface parking, landscaping, signage, and fence or walls. Aa. 210 multi-family residential units are allowed by right within this Subdistrict. Bb. 152 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) are allowed by right within this Subdistrict. Cc. 74,000 square feet of the following uses, as specifically permitted by ri ght or as a by conditional uses in the C-4, General Commercial District, are allowed by right within this Subdistrict: 1. Retail; 2. Restaurant; 3. Movie Theatre (multiplex), bowling center and physical fitness facilities; and 4. Personal services. [Bullet points replaced with numerals] Dd. 60,000 square feet of professional or medical office uses are permitted by right within this Subdistrict. 1Bayshore/Gateway Redevelopment Plan, approved on June 13, 2000 by Resolution 2000-181 Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 13 of 16 Ee. The following additional commercial uses are allowed only if the uses listed in paragraphs Aa. through Dd. above, are converted to an additional use using a conversion formula in accordance with paragraph Ff. below. 1. Assisted Living Facilities (ALF) – not to exceed 150 units and a maximum floor area ratio of 0.45; and, 2. Indoor Air-conditioned passenger vehicle and self storage, not to exceed 60,000 square feet (SIC Code 42252); and, 3. New Car Dealership, not to exceed 30,000 square feet (SIC Code 55112); and, 4. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses [Bullet points replaced with numerals] Ff. The densities and intensities identified for specific uses in Paragraphs Aa. through Dd. above may be increased through application of conversion formulas to be established during the MPUD rezone, subject to the following minimum and maximum limitations listed below. Any increase in density or square footage identified in Paragraphs Aa. through Dd. above by using a conversion formula will result in a corresponding reduction of dwelling units and/or hotel suites/rooms and/or retail and/or office square footage, and additionally: 1. In no case shall the maximum total daily trip generation for the project in the Subdistrict exceed 875 two-way PM peak hour unadjusted trips; 2. In no case shall the maximum number of dwelling units for the project exceed 400; 3. In no case shall the maximum number of hotel rooms for the project exceed 200; 4. In no case shall the maximum combination of retail, office, personal service, restaurant, and movie theater uses for the project in the Subdistrict exceed 200,000 square feet; 5. To ensure that the development is mixed use in nature, a minimum of 50 multi - family residential uses and a minimum combination of 30,000 square feet of two or more of the following shall be developed: retail, restaurant, professional office, or and personal services;. [Bullet points replaced with numerals] Gg. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height, which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 2 1987 Standard Industrial Classification (SIC) Manual, Executive Office of the President Office of Management and Budget Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 14 of 16 B. DENSITY RATING SYSTEM 1. The Density Rating System is applied in the following manner: *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the “vested” Port of the Islands development. 3) The Buckley Mixed Use Subdistrict 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay. The Mini Triangle Mixed Use Subdistrict. 9) The Mini Triangle Mixed Use Subdistrict. The Bayshore/Gateway Triangle Redevelopment Overlay. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Future Land Use Map Activity Center Index Map (XV) Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.9, 5.10, 5.11, 5.12) (5.11, 5.12, 5.13, 5.14) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map (XIII) Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve – Conservation Designation Map Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 15 of 16 Lely Mitigation Park – Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran’s Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map (XXX) Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis ‒ Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map [REMAINDER OF PAGE INTENTIONALLY BLANK] April 10, 2017 RWA - Tiffany Bray 6610 Willow Park Drive Suite 200 Naples, FL 34109 EMAIL - tbray@consult-rwa.com RE: Site Development Plan PL20160003601 Woodsprings Suites - SDP Application Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annismoxam@colliergov.net Phone #: (239) 252-5519 Correction Comment 1: Please add street names Tamiami Trl E and Pine St to the Landscape and Irrigation Plans. Rejected Review: Engineering Stormwater Review Reviewed By: Storm Gewirtz Email: StormGewirtz@colliergov.net Phone #: (239) 252-2434 Correction Comment 1: Provide a copy of SFWMD Permit, permit modification, or waiver. Correction Comment 2: Sheet 6, Section I-I: Please add a slope label to the section between the 5’ sidewalk and the property line. Correction Comment 3: Informational: The parking layout/pedestrian access in the lighting plans does not match the layout in the site plans. Correction Comment 4: Sheet 5: Please fix the overlapping labels for the 197 LF 15” RCP and the PIV, 6” Check Valve & FDC. Correction Comment 5: Stormwater Management Report: The land use breakdown in the report does not match the land use summary table on Sheet 4, please revise the plans and/or calculations accordingly. Correction Comment 6: Stormwater Management Report, ICPR Results: The 10yr – 24hr elevation in the report does not match the elevation in the water management summary on the plans, please revise accordingly. Rejected Review: Fire Review Reviewed By: Thomas Mastroberto Email: ThomasMastroberto@colliergov.net Phone #: (239) 252-7348 Correction Comment 1: There shall be a fire hydrant within 50 ft. of a FDC and on the same side of the roadway with a min of 50 ft. away from bldg. Fire trucks cannot drive by a burning building to reach the fire protection devices. (relocate FDC and fire hydrant to the front entrance area). Correction Comment 2: The maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one (1) and two (2) family areas with building not exceeding 5000 square feet and three (300) feet in all other areas. Hydrant placement shall be started so fire apparatus shall not pass a potential hazard to get to the first hydrant. (Provide fire hydrants around the building). Correction Comment 3: Show location of all underground fire service lines and hydrants on plans. Correction Comment 4: Proposed location of LPG underground tank to close to building required to be a min of 10 ft. from bldg. (relocate as required). Correction Comment 5: The angle of approach and departure for any means of fire district access shall not exceed 1 foot in 20 feet and the design limitations of the fire apparatus of the fire department. (Provide cross section for front entrance drive) Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton@colliergov.net Phone #: (239) 252-2475 Correction Comment 1: Please replace Nora Grant Ixora as the common name for Iris Hexagona with Savanna Iris. Correction Comment 2: 4.06.05 D. Plant materials must meet standards identified in LDC section 4.06.05 D. Clusia guttifera is not native. Clusia Rosea is. Please replace Clusia Guttifera with a species that is native and vouchered in south Florida. Dwarf Fire Bush is not native. Please spec this as Hamelia patens without the cultivar or replace with a native species that is vouchered in south Florida. Correction Comment 3: 4.06.03 B. All Vehicular Use Areas must meet the standards. Please provide a terminal island on the east side of the dumpster for that row of parking. Correction Comment 4: 4.06.05 H.2.b. All Parking lot/pole lighting shall not be located in landscape islands with trees. Correction Comment 5: A minimum of 7.5' of clearance must be provided between trees and water mains. Please shift the trees in the western portion of the north buffer to provide this separation. Rejected Review: Utility Billing Review Reviewed By: Sue Zimmerman Email: SueZimmerman@colliergov.net Phone #: Correction Comment 1: 5.03.04 D. If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet depending on enclosure style. Correction Comment 2: Miscellaneous Corrections: Everything on the location, access, enclosure dimensions are good. The only item being rejected is that the gate opening is 10' on each side instead of the minimum 12'. Please adjust. Rejected Review: Zoning Review Reviewed By: Christopher Scott Email: chrisscott@colliergov.net Phone #: (239) 252-2460 Correction Comment 1: On the coversheet, please include the project title; name, address and phone number of owner and agent. Plans shall be identified based on their application type, including reference to previous plan of record project number if submitted as an amendment or insubstantial change. Please clarify owner information provided on the coversheet and the affidavit of authorization. Per the submitted purchase contract, the purchaser is identified as NAVA Land Inc.; however, the coversheet and affidavit are both listed as Gold Coast Premier Properties VII, LLC. It appears both entities have Valencia Registered Services, LLC as the registered agent. Please clarify and/or correct ownership information on the coversheet. Correction Comment 2: Please provide zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of way easement. On sheet 4, please correct adjacent zoning designations and also provide adjacent uses. The property south of Grouper Drive should be identified as C-4/GTMUD-MXD as opposed to BMUD R1, RMF-6. Pleas show zoning/uses for property across Pine Street. Correction Comment 3: Please provide all required and provided setbacks and separations between buildings and structures in matrix form. Please remove rear setback from the setback table. This property has required front yards adjacent to US41, Pine St and Grouper Dr; all other yards would be considered side yards. Correction Comment 4: Please provide the maximum allowed building height and both the provided actual building height and the provided zoned height as defined in LDC section 1.08.00. In the Project Summary table on Sheet 4, please identify both the provided zoned height and provided actual height. Correction Comment 5: Please provide for projects that include non-residential uses, the total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, assisted living facilities and the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. Please provide FAR calculations on Sheet 4. The maximum FAR for hotels in C-4 zoning is 0.60. Correction Comment 6: Please provide landscape plans. It appears the 10' Type A buffer does not meet the minimum width on the NE corner of Grouper Drive. When sidewalks are located within the buffer, the buffer needs to be increased by the width of the sidewalk to maintain the minimum width. Correction Comment 7: Please provide parking summary in chart form, indicating the type of uses, total building sq. ft., required parking ratio, number of spaces provided, as well as number of required and provided loading spaces (if applicable) and number of required and provided bicycle spaces (if applicable). Please clarify number of rooms. The parking summary states 123 rooms; however, the architectural floor plans show a total of 122 (26 on Floor 1, 32 on floors 2-4). Rejected Review: Engineering Utilities Review Reviewed By: Brett Rosenblum Email: brettrosenblum@colliergov.net Phone #: (239) 252-2905 Correction Comment 1: Rev 1 – Per DC 2.1.2, n value in the Manning’s Equation should be 0.013. Also, the inner diameter of a 6 inch PVC SDR 26 pipe should not be more than 6 inch. Please verify the values and revise calculations to ensure minimum velocity of the partial flow is equal or greater than 2 fps as applicable. Correction Comment 2: Rev 1 - In accordance with paragraph 64E-6.013(7), F.A.C., “…one or more grease interceptors are required where grease waste is produced in quantities that could otherwise cause line stoppage or hinder sewage disposal.” Since all rooms are going to have a kitchenette, please confirm if this project will require grease interceptors. Correction Comment 3: Rev 1 – Please clarify how the 4.17 peak factor was obtained. If an equivalent population was calculated, please provide calculations. Otherwise, the peak hourly factor for sewer calculations should be 4.5 because this is a commercial use. Correction Comment 4: Rev 1 – Provide confirmation from CCPU that the downstream sewer system is adequate to accommodate the proposed sewer flow. Contact Craig Pajer at craigpajer@colliergov.net or 252-2554. Correction Comment 5: Rev 1 – Replace County details G-4, G-10 and G-11 with City of Naples details. Please add County details WW-10 and WW-11. Rejected Review: Architectural Review Reviewed By: Peter Shawinsky Email: PeterShawinsky@colliergov.net Phone #: (239) 252-8523 Correction Comment 1: Please provide North arrows and orientation reference on all plans. Correction Comment 2: 5.05.08 D.2.b. Design features. The design of primary facades must include, at a minimum, two of the following design features identified in LDC section 5.05.08 D.2.b., one for buildings less than 5,000 sq. ft. Indicate on the plans in graphics and text the proposed design features for the North, South and West facades. Correction Comment 3: 5.05.08 D.4.a. Variation in massing. Projections and recesses. Projections and recesses must have a minimum depth of 10 feet. Currently the South façade does not comply. Please revise. Correction Comment 4: 5.05.08 D.5 Building Design treatments. Each building must have at least 4 of the 23 optional design treatments on each façade. Minimum 2 of the design treatments for buildings less than 5,000 sq. ft. and identified on the drawings (indicate with graphics and text). Indicate on all facades in graphics and text the proposed design treatments. Correction Comment 5: 5.05.08 D.13.b Materials and colors. Exterior building colors. The use of color materials or finish paint above level 8 saturation (chroma) or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a façade or the total roof area. The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. The use of florescent colors is prohibited. Sherwin Williams Paint SW7618 ‘Deep Sea Dive’ and SW3541 ‘Harbor Mist’ are limited colors. If limited colors are proposed, please provide areas of all the limited colors as a percentage of each façade area to determine compliance with the 10 percent limitation. Correction Comment 6: 5.05.08 D.12.b. Entryway/customer entrance treatment. Single-tenant buildings and developments. Please indicate how the customer entrance patio standards are to be provided. Correction Comment 7: 5.05.08 D.12.c.ii Entryway/customer entrance Entry door on South facade must be set back from a drive or parking area by a minimum distance of 10 feet. Please revise. Correction Comment 8: 5.05.08 F.1 Site design elements Indicate on the plans the required site design element. Correction Comment 9: 5.05.08 F.4.f. Service function areas and facilities. Conducts, meters, and vents. Conduits, meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding building surfaces. Conduits and meters cannot be located on the primary facade of the building. Indicate on the plans and elevations the location of this equipment. Correction Comment 10: 5.05.08 F.5. Fences and walls. Fences forward of the primary facade, excluding chain link, wire mesh and wood are permitted under the following conditions: i. Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. Chain link fence are prohibited forward of primary facades and shall be a minimum of 100 feet from a public right-of-way. Please revise. Correction Comment 11: 5.05.08 F.7.c. Lighting. Height standards. Lighting fixtures within the parking lot must be a maximum of 25 feet in height measured from adjacent grade to top of the light fixture including base, pole and light fixture, and 15 feet in height for non-vehicular pedestrian areas. Please revise. Correction Comment 12: 5.05.08 E.5.b.i Hotel/Motel exceptions primary facades The design of primary facades must include windows and other glazed openings covering at least 20 percent of the primary façade area. Please verify. Correction Comment 13: 4.02.16 D.3.e Bayshore Gateway Triangle Redevelopment Area. -General Architectural Standards. Exterior building color within the cultural district. Sherwin Williams Paint SW7618 ‘Deep Sea Dive’ and SW3541 ‘Harbor Mist’ are limited colors. If limited colors are proposed, please provide areas of all the limited colors as a percentage of each façade area to determine compliance with the 10 percent limitation. Correction Comment 14: 4.02.16 D.8.c.ii Building type: Commercial, glazing Glazing, consisting of transparent windows and doors, covering a minimum of 30 percent of the length of the first-floor building elevation along the primary street frontage please verify. Correction Comment 15: 4.02.16 D.8.f Elevation details The facades must include, at a minimum, four of the design features listed in the code. Indicate on the plans in graphics and text the proposed design features for the North, South, East and West facades. Correction Comment 16: 4.02.16 D.8.g Massing and scale Please verify compliance. The following comments are informational and/or may include stipulations: x When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. x Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re-submittal must be made within 270 days of this letter. Stipulations: x This approval does not constitute approval by City of Naples Utilities. A letter of approval from City of Naples Utilities must be submitted prior to scheduling the pre-construction meeting. Stipulations: x All three Parcels need to be combined under one Parcel ID/folio number prior building permits issuance. Stipulations: x 4/10/17 Stipulation: The proposed access easement for public sidewalk for Pine St. and Grouper Dr. will need to be completed and recorded prior to the pre-construction meeting. Provide legal description and sketch of proposed easements to the ROW section (Attn: Kevin Hendricks, 239-252-5844, KEHendricks@colliergov.net). ROW Section will provide standard easement legal language and signature documents. Informational Comments: x 4/10/17 Informational Comment: Based on the Traffic Impact Statement for Wood Springs Suites submitted on 2/24/17, the project is considered a large development (daily trips greater than 600 vehicles per day) for establishing ROW permit fees. Informational Comments: x 4/10/17 Information Comment: The Traffic Impact Statement Wood Springs Suites submitted on 2/24/17, is approved as the basis for transportation concurrency (adequacy of roadway capacity) and for trip banking. If you have any questions, please contact me at (239) 252-2460. Sincerely, Christopher Scott Planning Manager Growth Management Department WOODSPRING SUITES(NAPLES WEST)PART OF SECTION 11, TOWNSHIP 50S, RANGE 25E,COLLIER COUNTY, FLORIDAPREPARED FOR/OWNED BY:GOLD COAST PREMIER PROPERTIES VII, LLC  16155 SW 117th AVENUE, UNIT B2MIAMI, FL 33177(786) 701-3584FEB.,2017160067.00.00MICHAEL C. PAPPAS, P.E. STATE OF FLORIDA LICENSE NO. 60910RWA, INC. STATE OF FLORIDA BUSINESS CERTIFICATE NO. EB-0007663DATE:PROJECT No:ENGINEER'S SEALSTAMPSREVISIONSNo.DATEAPPROVEDREVISION04/26/17REVISED PER FDOT COMMENT LETTER DATED 4/4/17MCP1PROJECT LOCATIONPROJECT SITEPROJECTSITEPROJECTLOCATIONLEGAL DESCRIPTIONPROPERTY IDENTIFICATIONBUILDING INFORMATIONSITE DEVELOPMENT PLANS FORJuly 11, 2017 2:39 PM K:\2016\160067.00.00 Wood Springs Suites (SDP)\004 Civil Engineering Design, Construction Plans & TS\Current Plans\Sheet Files\01 1600670000C CS01.dwgPROPERTY ZONING INFOFOLIO NUMBER:(PARCEL A) 26880240006(PARCEL B) 76211040003(PARCEL C) 76211000001C-4 GTMUD-MXD6610 Willow Park Drive, Suite 200Naples, Florida 34109 (239) 597-0575FAX: (239) 597-0578www.consult-rwa.comTAMIAMI TRAIL EPINE STTAMIAMI TRAIL EBAYSHORE DRSHEET INDEXSHEETNUMBERSHEET DESCRIPTION1COVER SHEET2GENERAL NOTES3EXISTING CONDITIONS WITH AERIAL & TOPO4MASTER SITE & SIGNING AND STRIPING PLAN5MASTER GRADING, DRAINAGE, & UTILITY PLAN6TYPICAL SECTIONS7PAVING, GRADING, & DRAINAGE DETAILS8PAVING, GRADING, & DRAINAGE DETAILS9STANDARD UTILITY DETAILS10EROSION CONTROL PLANELEVATIONS BASED ON NORTH AMERICANVERTICAL DATUM NAVD88. CONVERSION FROMNAVD88 TO NGVD29: NAVD88 +1.28'=NGVD29.BUILDING CONSTRUCTION TYPE PER FLORIDA BUILDING CODETOTAL SQUARE FOOTAGEARCHITECTURAL BUILDING HEIGHT (FROM F.F.E.)(TO TOP OF ROAD)ACTUAL BUILDING HEIGHTZONED BUILDING HEIGHTAIR CONDITIONED/NON-AIR CONDITIONEDSPRINKLERED (OR NON-SPRINKLERED)INFORMATION PREPARED BY:TYPE III-B 49,587 41'-7" 49'-4" 44'-2" 46,503 AC 49,587 SBEHAR - FONT & PARTNERS P.A.AIRPORT PULLING RD(AS TAKEN FROM TITLE COMMITMENT)PARCEL A:LOTS 35, 36, 37 AND 38, BLOCK 5, W. H. SURRENCY'S SUBDIVISION,ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN PLATBOOK 1, PAGE 28, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; ALSO THAT PORTION OF A 10-FOOT VACATED ALLEY LOCATEDIN BLOCK 5 OF THE ABOVE-DESCRIBED SUBDIVISION ADJACENT TO ANDABUTTING UPON LOTS 35, 36, 37 AND 38; AND A PORTION OF LOT 39 OFNAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2,ACCORDING TO A PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE27,SPECIFICALLY DESCRIBED AS FOLLOWS:BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SAID LOT39 WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41(TAMIAMI TRAIL), RUN SOUTH ON THE SAID WEST LINE FOR 145 FEET;THENCE EAST AT RIGHT ANGLES FOR 2.0 FEET; THENCE NORTH,PARALLEL WITH THE SAID WEST LINE FOR 143.43 FEET TO THEAFORESAID RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY ON THESAID RIGHT-OF-WAY LINE FOR 2.54 FEET TO THE POINT OF BEGINNING.PARCEL B:LOTS 33 AND 34, BLOCK 5, W. H. SURRENCY'S SUBDIVISION ACCORDINGTO THE PLAT THEREOF ON FILE AND RECORDED IN PLAT BOOK 1, PAGE28 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALSO THESOUTHERLY 5 FEET OF THAT 10-FOOT VACATED ALLEY ABUTTING SAIDLOTS 33 AND 34.PARCEL C:A PARCEL OF LAND LYING IN AND BEING PART OF LOT 39, NAPLESGROVES AND TRUCK CO'S LITTLE FARMS NO. 2, ACCORDING TO THEPLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLICRECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLYDESCRIBED AS FOLLOWS:COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAIDLOT 39, WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41(TAMIAMI TRAIL); THENCE RUN SOUTH 51°52'10" EAST, ALONG THESOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41, A DISTANCE OF2.54 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBEDPARCEL; THENCE CONTINUE SOUTH 51°52'10" EAST, ALONG THESOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41, A DISTANCE OF351.47 FEET TO THE EAST LINE OF SAID LOT 39; THENCE SOUTH 0°03'10"WEST, ALONG THE EAST LINE OF LOT 39, A DISTANCE OF 211.02 FEET;THENCE NORTH 90°00'00" WEST, A DISTANCE OF 278.27 FEET TO THEWEST LINE OF SAID LOT 39; THENCE NORTH 0°00'00" EAST, ALONG THEWEST LINE OF LOT 39, A DISTANCE OF 284.66 FEET; THENCE NORTH90°00'00" EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0°00'00"EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 39, A DISTANCE OF143.43 FEET TO THE POINT OF BEGINNING.FIRE FLOW TESTJACKSON AVEPINELAND STDATE OF TEST: 1/6/2017LOCATION: 2540 TAMIAMI TRAIL ERESULTSSTATIC PRESSURE:64RESIDUAL PRESSURE:52TOTAL FLOW:698 GPMFLOW @ 20 PSI RESIDUAL:1,407 GPMFDOT INFORMATIONSECTION: 03010000 - S.R. 90MILEPOST: 13.577-13.640FDOT PERMIT: NO. 2017-A-192-0006 (ACCESS)FDOT PERMIT: NO. 2017-D-192-0004 (DRAINAGE)104/28/17REVISED PER SDP COMMENT LETTER DATED 4/10/17MCP22222205/31/17MCP3REVISED PER FDOT COMMENT LETTER DATED 5/31/17 & SDPCOMMENT LETTER DATED 5/31/1706/30/17REVISED PER CITY OF NAPLES COMMENTSMCP407/11/17REVISED PER COUNTY COMMENT LETTER DATED 07/10/17MCP5Date:Reviewed and Approved For:Permit IssuancePL201600036017/27/2017 HORIZ. SCALE (FULL):DATECHECKEDDRAWNRGE:TWP:SEC:DATE:TITLE:CLIENT:PROJECT:OFPROJECT NO.:SHEET NUMBER:REVISIONREV #HORIZ. SCALE (HALF):6610 Willow Park Drive, Suite 200Naples, Florida 34109(239) 597-0575 FAX: (239) 597-0578www.consult-rwa.comFlorida Certificates of AuthorizationEB 7663 LB 6952DESIGNED:DRAWN:VERT. SCALE (FULL):VERT. SCALE (HALF):FILE NAME:FLORIDA LICENSE NO.March 15, 2017 10:04 AM K:\2016\160067.00.00 Wood Springs Suites (SDP)\004 Civil Engineering Design, Construction Plans & TS\Current Plans\Sheet Files\02 1600670000C GN01.dwgWOODSPRING SUITES (NAPLES WEST) GOLD COAST PREMIER PROPERTIES VII, LLC 210160067.00.00FEB.,2017N/AN/A1150S25EMCPDLPN/AN/A02 1600670000C GN0160910MICHAEL C. PAPPAS, P.E.GENERAL NOTESLIST OF STANDARD ABBREVIATIONSTERMABBREVIATIONTERMABBREVIATIONACCESS EASEMENTAFDINVERTINVAIR RELEASE VALVEARVLAKE MAINTENANCE EASEMENTLMEAMERICAN WITH DISABILITIES ACTADALANDSCAPE BUFFER EASEMENTLBEBACK OF CURBBOCLEE COUNTY ELECTRIC COOPERATIVELCECBACKFLOW PREVENTORBFPLEFTLTBASE LINEBLLINEAL FEETLFBLOW-OFF VALVEBOVMANHOLEMHCABLE TVCATVMECHANICAL JOINTMJCENTER LINECLNATIONAL GEODETIC VERITICAL DATUMNGVDCLEAN OUTCONORTH AMERICAN VERTICAL DATUMNAVDCONTROL STRUCTURECSOUTSIDE DIAMETERODCORRUGATED ALUMINUM PIPECAPPOINT OF CURVATUREPCCORRUGATED METAL PIPECMPPOINT OF TANGENCYPTCITY UTILITY EASEMENTCUEPOINT OF VERTICAL INTERSECTIONPVIDEPARTMENT OF TRANSPORTATIONDOTPOLYVINYL CHLORIDEPVCDIAMETERDIAPOST INDICATOR VALVEPIVDIMENSION RATIODRPROPERTY LINEPLDRAINAGE EASEMENTDEPUBLIC UTILITY EASEMENTPUEDUCTILE IRON PIPEDIPPUMP STATIONPSEDGE OF PAVEMENTEOPRADIUS(X')RELEVATIONELEVREFLECTIVE PAVEMENT MARKERRPMELLIPTICAL REINFORCED CONCRETE PIPEERCPREINFORCED CONCRETE PIPERCPFIBER REINFORCED CONCRETE PIPEFRCPRIGHTRTFIRE DEPARTMENT CONNECTIONFDCRIGHT OF WAYROWFIRE HYDRANT ASSEMBLYFHSANITARY SEWERSSFLORIDA DEPARTMENT OF TRANSPORTATIONFDOTSTATIONSTAFLORIDA POWER & LIGHTFPLSTORM STRUCTURESTRFLOW LINEFLTEMPORARYTEMPHIGH DENSITY POLYETHYLENEHDPETYPICALTYPINSIDE DIAMETERIDAUTOMATIC FLUSHING DEVICEAECECONTROL ELEVATIONTEMPORARY BLOW-OFF ASSEMBLYTBOTEMPORARY SAMPLE POINTTSPPERMANENT SAMPLE POINTPSPFIRE CONTROL DISTRICTFCDTEMPORARY BACKFLOWTBFGATE VALVEGVPLUG VALVEPVUTILITIES PROVIDING SERVICESERVICE AREA NAMECONTACTADDRESSPHONEUTILITY TYPECOLLIER COUNTY PUBLIC UTILITIESCORRINE TRTAN3339 TAMIAMI TRAIL EAST, SUITE 303NAPLES, FL 34112239-252-4233SEWERCITY OF NAPLES UTILITIESBOB MIDDLETON380 RIVERSIDE CIRCLENAPLES, FL 34102239-213-4745WATERCOMCASTWILLIAM STANTON12641 CORPORATE LAKES DRIVENAPLES, FL 33913239-432-1861CATVFPL - COLLIERTRACY STERN2900 CATHERINE STREETPALATKA, FL 32177800-868-9554ELECTRICCENTURYLINKJIGS SLIANG3530 KRAFT ROAD, UNIT 100NAPLES, FL 34105239-263-6234PHONE & FIBER OPTICGREATER NAPLES FIRE DISTRCTKINGMAN D. SCHUDLT4798 DAVIS BLVDNAPLES, FL 34104239-774-7111FIRE DEPARTMENTDEMOLITION NOTES:1.CONTRACTOR SHALL REMOVE EXISTING STRUCTURES, BUILDINGS, PILES, AND OTHER FEATURES WITHIN THE LIMITS OF THEPROJECT BOUNDARY. THIS SHALL INCLUDE CONCRETE PADS, FENCING UTILITY SERVICES, ETC....2.ALL ITEMS TO BE REMOVED SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE REMOVED AT THEEXPENSE OF THE CONTRACTOR, INCLUDING ALL DUMPING FEES, UNLESS OTHERWISE NOTED. ALL ITEMS SHALL BEREMOVED TO A DEPTH OF 2' BELOW EXISTING GRADE, OR 2' BELOW THE INVERT OF ANY PROPOSED UTILITIES. EXISTINGUTILITIES SERVICING BUILDINGS TO BE REMOVED SHALL BE PLUGGED BELOW EXISTING GRADE AND BROUGHT TO THEATTENTION OF OWNER'S REPRESENTATIVE AND THE ENGINEER IMMEDIATELY.3.EXISTING ASPHALT PAVEMENT TO BE REMOVED SHALL BE REMOVED TO A MINIMUM OF THE BOTTOM OF THE PROPOSEDLIMEROCK IN PAVED AREAS AND TO 12" BELOW FINISHED GRADE IN UNPAVED AREAS. EXISTING LIMEROCK THAT HAS BEENREMOVED MAY BE USED TO STABILIZED THE SUBGRADE OF THE PROPOSED PAVEMENT AREAS IF IT MEETS THEREQUIREMENTS AS NOTED IN THE ENGINEER'S TECHNICAL SPECIFICATIONS.4.THIS PLAN IS NOT INTENDED TO BE ALL INCLUSIVE OF EXISTING FACILITIES OR MATERIALS TO BE REMOVED. CONTRACTORSHALL BE RESPONSIBLE TO VERIFY THE SCOPE OF WORK IN REGARDS TO MODIFICATIONS OF THE SITE TO ACCOMMODATEPROPOSED IMPROVEMENTS. THIS PLAN DOES NOT ADDRESS EXISTING UNDERGROUND UTILITIES/FACILITIES WHICH MAYBE ENCOUNTERED DURING DEMOLITION OR IMPROVEMENTS. CONTRACTOR SHALL PROTECT AND/OR REPLACE THOSEEXISTING UTILITIES REQUIRED TO ACCOMMODATE THIS PROJECT. OTHER UNDERGROUND UTILITIES TO BE REMOVED ORABANDONED SHALL BE DISCARDED, DISENGAGED OR REMOVED IN A MANNER CONSISTENT WITH INDUSTRY SAFETYSTANDARDS, AS REQUIRED BY OWNER'S REPRESENTATIVE.5.ALL ASPHALT PAVEMENT TO BE REMOVED SHALL BE MECHANICALLY SAW-CUT IN ORDER TO ENSURE CLEAN, STRAIGHTEDGES. CONTRACTOR SHALL COORDINATE THE LIMITS OF THE ASPHALT REMOVAL WITH THIS DEMOLITION PLAN.6.CONTRACTOR SHALL COORDINATE THE REMOVAL OF THE EXISTING FACILITIES WITH THE OWNER'S REPRESENTATIVE WITHREGARDS TO WHEN THE INDIVIDUAL ITEMS ARE TO BE REMOVED.7.CONTRACTOR SHALL PROVIDE A SAFE, OPERABLE SITE FOR EMPLOYEES AND PUBLIC FOR THE CONSTRUCTION ANDFUNCTIONS THAT WILL CONTINUE TO OCCUR DURING THE CONSTRUCTION ACTIVITIES.WATER, IRRIGATION AND SEWER NOTES:1.ALL ONSITE WATER AND SEWER FACILITIES SHALL BE OWNED AND MAINTAINED BY THE PROPERTY OWNER.2.ALL SEWER CONSTRUCTION SHALL CONFORM TO COLLIER COUNTY STANDARDS AND SPECIFICATIONS. ALL WATER CONSTRUCTION SHALLCONFORM TO CITY OF NAPLES STANDARDS AND SPECIFICATIONS.3.ALL EXISTING UNDERGROUND UTILITIES ARE BASED ON AVAILABLE RECORD INFORMATION. IT IS THE CONTRACTOR'S RESPONSIBILITY TOLOCATE APPROPRIATE EXISTING UTILITIES AND REPORT DISCREPANCIES TO ENGINEER IMMEDIATELY.4.INSTALLATION OF SUBSURFACE CONSTRUCTION, TO INCLUDE, WATER AND IRRIGATION LINES, SEWER LINES, PUBLIC UTILITIES AND STORMDRAINAGE IS REQUIRED PRIOR TO COMPACTION OF SUBGRADE AND ROADWAY CONSTRUCTION.5.THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL UTILITY LINES AND SERVICES DAMAGED DURING CONSTRUCTION, INCLUDINGIRRIGATION LINES AND SERVICES. THE APPROPRIATE UTILITY SHALL BE NOTIFIED OF ALL DAMAGED LINES PRIOR TO REPAIR. ALL NECESSARYREPAIRS SHALL BE PERFORMED IMMEDIATELY UPON DAMAGE OF LINE, AT THE CONTRACTOR'S EXPENSE.6.THE CONTRACTOR SHALL PROVIDE 48 HOURS WRITTEN NOTICE TO THE ENGINEER AND UTILITY COMPANY PRIOR TO THE FOLLOWING TOALLOW FOR INSPECTIONS REQUIRED BY ORDINANCE 2004-31 SECTION 9.4.2.26.A.COMMENCEMENT6.B.CHANGES TO APPROVED SCHEDULES, SUBCONTRACTORS, OR RESIDENT SUPERINTENDENT.6.C.POTABLE, IRRIGATION, WASTEWATER AND GENERAL SYSTEMS6.C.A.HOT TAPS TO POTABLE WATER LINES LARGER THAN 6" AND WASTEWATER SYSTEMS GREATER THAN 4". *6.C.B.MASTER METER AND BYPASS PIPING.6.C.C.JACK & BORE CASINGS. *6.C.D.PRESSURE TESTS. *6.C.E.INFILTRATION/EXFILTRATION TESTS. *6.C.F.LIFT STATION INSTALLATION, PRIOR TO COVER-UP AND START-UP. *6.C.G.LIFT STATION START-UP. *6.C.H.LAMPING OF SEWER LINES. *6.C.I.PIGGING AND FLUSHING OF WASTEWATER LINES, FORCE MAINS, POTABLE WATER MAINS, AND NON-POTABLE IRRIGATIONLINES. * NOTE: FULL BORE FLUSHING AND PIGGING OF POTABLE WATER LINES NEED ONLY WATER DEPARTMENT INSPECTION.6.C.J.TELEVISION VIDEO TAPING OF WASTEWATER LINES AT END OF CONSTRUCTION AND THE WARANTY PERIOD ("IN-OFFICEREVIEW").6.C.K.CONFLICT CONSTRUCTION. *6.C.L.CONNECTIONS TO EXISTING POTABLE WATER, NON-POTABLE IRRIGATION WATER AND WASTE WATER SYSTEMS. *6.C.M.8" DIAMETER OR LARGER CASING INSTALLATIONS. *6.C.N.OTHER SPECIAL REQUIREMENTS AS SPECIFIED BY THE COUNTY STAFF AT THE TIME OF CONSTRUCTION DOCUMENTAPPROVAL.6.C.O.CLORINATION OF WATER LINES AND REFLUSHING OF LINE AFTER CHLORINATION (NEEDS WATER DEPARTMENT INSPECTIONONLY). *6.C.P.INSTALLATION OF TEMPORARY METERS/BACKFLOWS. *6.C.Q.BACTERIOLOGICAL SAMPLING (NEEDS WATER INSPECTION ONLY). *6.C.R.HOT TAPS TO ANY WATER CONCRETE MAINS, PRESSURE TESTS ON LINES 20" OR GREATER, AND CONNECTIONS TO EXISTINGPOTABLE SYSTEMS GREATER THAN 12" NEED TO BE INSPECTED BY THE WATER DEPARTMENT AND THE COLLIER COUNTY. *6.C.S.FIRE FLOW TESTING.6.C.T.A COLLIER COUNTY INSPECTOR OR OTHER QUALIFIED EMPLOYEE MUST BE PRESENT AT THE INSPECTIONS NOTED WITH "*"ABOVE.7.FITTINGS SHALL BE USED TO MAINTAIN PLAN ALIGNMENT OF POTABLE WATER MAINS AND FORCE MAINS. DEVIATION FROM PLANALIGNMENT SHALL NOT BE MORE THAN 12" FROM PLAN CENTERLINE OF MAIN. CONTRACTOR SHALL PREPARE RECORD DRAWING OF ALLFITTINGS NOT SHOWN ON THIS PLAN.8.MINIMUM COVER FOR ALL WATER MAINS AND FORCE MAINS SHALL BE MEASURED FROM FINISHED GRADES, MINIMUM DEPTH OF 30"MAXIMUM DEPTH OF 48". IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE MINIMUM COVER, REGARDLESS OF EXISTING GRADE.PERIODIC CHECKS FOR MINIMUM COVER WILL BE MADE BY THE COLLIER COUNTY AND ENGINEER.9.CONTRACTOR SHALL CONSTRUCT ALL WATER AND SEWER APPURTENANCES INCLUDING METER BOXES, BLOW-OFFS, VALVE BOXES, AIRRELEASE VALVES, FIRE HYDRANTS, ETC. TO FINISHED GRADE. CONTRACTOR SHALL COORDINATE DURING THE CONSTRUCTION STAKEOUTAND PRIOR TO CONSTRUCTION OF SAID APPURTENANCES WITH OWNER AND ENGINEER REGARDING FINISHED GRADE. IT IS THERESPONSIBILITY OF THE CONTRACTOR TO ENSURE CONSTRUCTION OF SAID APPURTENANCES TO FINISHED GRADE.10.ALL POTABLE WATER MAINS SHALL BE SEPARATED FROM SANITARY SEWER BY A MINIMUM HORIZONTAL DISTANCE OF TEN FEETMEASURED EDGE TO EDGE AND A VERTICAL DISTANCE OF 18" MEASURED BETWEEN THE INVERT OF THE UPPER PIPE AND THE CROWN OFTHE LOWER PIPE. WHERE MINIMUM SEPARATION CANNOT BE MAINTAINED, SEE CROSSOVER DETAIL REQUIREMENTS.11.POTABLE WATER MAINS UNDER PAVEMENT SHALL BE POLYVINYL CHLORIDE PIPE (PVC) AWWA C-900, CLASS 200, DR 14, OR CLASS 51DUCTILE IRON PIPE. ALL OTHER POTABLE WATER MAINS SHALL BE AWWA C-900, CLASS 150, DR 18 PVC, COLOR CODED "BLUE".12.ALL GRAVITY SANITARY SEWER MAINS AND LATERALS SHALL BE ASTM D-3034, SDR 26, COLOR CODED "GREEN" UNLESS NOTEDOTHERWISE.13.REFER TO PLAT AND/OR BOUNDARY SURVEY FOR EASEMENTS OF RECORD.14.MINIMUM 18" SEPARATION SHALL BE PROVIDED BETWEEN WATER, SEWER, AND CONDUITS FOR ANY OTHER UTILITY.15.CONTRACTOR SHALL BE RESPONSIBLE FOR BOIL WATER NOTICES AND BACTERIOLOGICAL SAMPLING FOR ANY EXISTING WATER MAINSTHAT ARE POTENTIALLY CONTAMINATED DURING CONSTRUCTION.16.FIRE HYDRANTS SHALL BE MARKED IN A UNIFORM MANNER APPROVED BY THE LOCAL FIRE DISTRICT.17.ALL WATER METERS SHALL BE SIZED BY CITY OF NAPLES PUBLIC UTILITIES.18.WATER METERS 2" AND LARGER TO BE INSTALLED BY CONTRACTOR, WATER METERS SMALLER THAN 2" TO BE INSTALLED BY CITY OFNAPLES.19.CONTRACTOR WILL INSTALL WATER SERVICE LINES & METER BOX.20.ALL FIRE HYDRANTS REFERENCED IN THIS PLAN SET INCLUDE HYDRANT AND HYDRANT VALVE.21.FIRE HYDRANTS AND WATER SERVICES MAY BE USED FOR TEMPORARY SAMPLE POINTS (TSP) AS SHOWN ON THE PLANS.22.FOR CONNECTIONS TO EXISTING MANHOLES, ALL EXISTING MANHOLES SHALL BE SUPPORTED AS NECESSARY TO PREVENT ANY CRACKINGTO EXISTING MANHOLE OR PIPE CONNECTIONS.23.ALL WATER SERVICE LINES SHALL BE POLYTUBE, ASTM D-3034, SDR 26, COLOR CODED "BLUE" WITH 24" MINIMUM COVER UNLESS NOTEDOTHERWISE ON PLANS.24.ALL WATER METER COMPONENTS THAT COME INTO CONTACT WITH DRINKING WATER SHALL CONFORM TO "NSF" STANDARD 61.25.NO LANDSCAPING WILL BE ALLOWED WITHIN 3' OF THE WATER METER OR BACK-FLOW.26.CONTRACTOR SHALL INSTALL 4" 3M ELECTRONIC BALL MARKERS, OR APPROVED EQUAL, TWENTY-FOUR INCHES (24") BELOW FINAL GRADE,ABOVE PIPE, AT ALL BENDS OR CHANGES IN ALIGNMENT AND EVERY TWO HUNDRED FIFTY FEET (250') ALONG THE PIPE BETWEEN BENDS. INADDITION FOR DIP AND PVC PIPE (OTHER THAN GRAVITY SEWER PIPE AND LATERALS, 3-INCH DETECTABLE MARKING TAPE, ORAPPROPRIATE COLOR AND WIDTH APPROPRIATE WARNING STATEMENT SHALL BE PLACED ALONG THE ENTIRE PIPE LENGTH, TWO FEET (2')BELOW GRADE OR ONE-HALF THE PIPE'S BURY, WHICHEVER IS LESS, DURING BACKFILL OPERATIONS.)27.ALL BENDS SHALL BE MECHANICAL JOINTS WITH RETAINER GLANDS.28.ALL STORM SEWER, NON-POTABLE IRRIGATION MAINS AND WASTEWATER TRANSMISSION SYSTEM CONFLICTS WITH WATER SYSTEMS ORPORTION(S) THEREOF THAT MUST BE CROSSED SHALL BE PERFORMED USING AWWA C900 CLASS 200 OR C905 CLASS 235 PVC WITHDUCTILE IRON FITTINGS.29.THE CONTRACTOR SHALL CALL SUNSHINE ONE (811) FOR FIELD LOCATIONS 48 HOURS BEFORE DIGGING NEAR UNDERGROUND UTILITIES.30.ALL COSTS AND EXPENSES OF ANY AND ALL REPAIRS, REPLACEMENTS, MAINTENANCE AND RESTORATIONS OF ABOVEGROUNDIMPROVEMENTS PERMITTED WITHIN A CUE SHALL BE THE SOLE FINANCIAL RESPONSIBILITY OF THE GRANTOR, ITS SUCCESSOR OR ASSIGNS.GENERAL NOTES:1.ALL ONSITE INFRASTRUCTURE SHALL BE OWNED AND MAINTAINED BY THE PROPERTY OWNER.2.ALL CONSTRUCTION SHOWN ON THESE DRAWINGS SHALL CONFORM TO THE COLLIER COUNTY STANDARDS ANDSPECIFICATIONS AND THE CONTRACT TECHNICAL SPECIFICATIONS.3.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND ELEVATIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION. ANYDEVIATION IN PLAN INFORMATION SHALL BE REPORTED TO ENGINEER IMMEDIATELY.4.CONTRACTOR IS REQUIRED TO OBTAIN FROM THE ENGINEER AND OWNER WRITTEN APPROVAL FOR ANY DEVIATIONSFROM THE PLANS AND/OR SPECIFICATIONS.5.MAINTENANCE OF SITE DRAINAGE FACILITIES IS THE RESPONSIBILITY OF THE WOODSPRING SUITES (NAPLES WEST)PROPERTY OWNERS ASSOCIATION.6.THE APPROVAL OF THESE CONSTRUCTION PLANS DOES NOT AUTHORIZE CONSTRUCTION OF REQUIRED IMPROVEMENTSWHICH ARE INCONSISTENT WITH EASEMENTS OF RECORD.7.TRASH COLLECTION WILL BE HANDLED VIA DUMPSTER PICK-UP.8.ALL ELEVATIONS REFERENCED WITHIN THIS PLAN SET ARE NORTH AMERICAN VERTICAL DATUM OF 1988, UNLESSOTHERWISE STATED. CONVERSION TO THE VERTICAL DATUM NGVD 29 IS +1.28.9.THE SUBJECT PROPERTY IS LOCATED IN FEMA FLOOD ZONE AE, ELEVATION 7.0 NAVD, AS SHOWN ON THE NATIONALFLOOD INSURANCE PROGRAM'S DIGITAL FLOOD INSURANCE RATE MAP (D.F.I.R.M) MAP NUMBER 12021C0394H EFFECTIVEDATE: 5/16/12. THE MINIMUM HABITABLE FINISH FLOOR, 1' ABOVE THE FEMA BASE FLOOD ELEVATION, SHALL BE SET AT8.0' NAVD.10.REFER TO PLAT AND/OR BOUNDARY SURVEY FOR EASEMENTS OF RECORD.11.FOR ALL FDOT TYPE "C", "D" AND "E" INLETS, REFERENCE FDOT INDEX NO. 232.12.ALL ROADS WITHIN WOODSPRING SUITES (NAPLES WEST)ARE CONSIDERED PRIVATE.13.ALL PROHIBITED EXOTIC VEGETATION SHALL BE REMOVED FROM THE SITE AND IT SHALL BE MAINTAINED FREE OFEXOTICS IN PERPETUITY.15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL UTILITIES, WHETHER PRIVATE OR PUBLIC, PRIOR TOEXCAVATION. THE INFORMATION AND DATA SHOWN WITH RESPECT TO EXISTING UNDERGROUND FACILITIES AT ORCONTIGUOUS TO THE SITE IS APPROXIMATE AND BASED ON INFORMATION FURNISHED BY THE OWNERS OF SUCHUNDERGROUND FACILITIES OR ON PHYSICAL APPURTENANCES OBSERVED IN THE FIELD, AND BEST AVAILABLE RECORDDRAWING INFORMATION. THE OWNER AND ENGINEER SHALL NOT BE RESPONSIBLE FOR THE ACCURACY ORCOMPLETENESS OF ANY SUCH INFORMATION OR DATA; AND, THE CONTRACTOR SHALL HAVE FULL RESPONSIBILITY FORREVIEWING AND CHECKING ALL SUCH INFORMATION AND DATA, FOR LOCATING ALL UNDERGROUND FACILITIES BEFOREAND DURING CONSTRUCTION, FOR THE SAFETY AND PROTECTION THEREOF, AND REPAIRING ANY DAMAGE THERETORESULTING FROM THE WORK. THE COST OF ALL WILL BE CONSIDERED AS HAVING BEEN INCLUDED IN THE CONTRACTPRICE. THE CONTRACTOR SHALL NOTIFY ANY AFFECTED UTILITY COMPANIES OR AGENCIES IN WRITING AT LEAST 48HOURS PRIOR TO BEGINNING CONSTRUCTION.16.CONTRACTOR SHALL REMOVE ALL MUCK AND OTHER UNSUITABLE MATERIAL FROM FILL AREAS PRIOR TO PLACEMENTOF FILL. ALL MUCK AND UNSUITABLE MATERIAL SHALL BE STOCKPILED AS DETERMINED BY OWNER.17.ALL COSTS AND EXPENSES OF ANY AND ALL REPAIRS, REPLACEMENTS, MAINTENANCE AND RESTORATIONS OFABOVEGROUND IMPROVEMENTS PERMITTED WITHIN A COUNTY UTILITY EASEMENT (CUE) SHALL BE THE SOLERESPONSIBILITY OF THE GRANTOR, ITS SUCCESSORS OR ASSIGNS.PAVEMENT MARKING AND SIGNING NOTES:1.ALL PAVEMENT MARKINGS AND SIGNING SHALL BE IN ACCORDANCE WITH THE CURRENT COUNTY REQUIREMENTS,F.D.O.T. STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, F.D.O.T. ROADWAY AND TRAFFIC DESIGNSTANDARDS, AND MUTCD.2.PAVEMENT MARKINGS SHALL MATCH EXISTING AT THE LIMITS OF CONSTRUCTION.3.ANY EXISTING MARKINGS OR SIGNS WHICH CONFLICT WITH THOSE SHOWN ON THESE PLANS SHALL BE REMOVED.4.ALL PAVEMENT MARKINGS SHALL BE PERMANENT REFLECTIVE TRAFFIC PAINT WITH GLASS BEADS IN ACCORDANCEWITH F.D.O.T. STANDARD SPECIFICATION SECTION 710, UNLESS OTHERWISE NOTED. PARKING STALL STRIPES SHALL BEPERMANENT REFLECTIVE TRAFFIC PAINT ONLY.5.STREET NAME SIGNS SHALL BE INSTALLED PER COUNTY REQUIREMENTS.6.BLUE RAISED REFLECTIVE PAVEMENT MARKERS SHALL BE PLACED AT FIRE HYDRANTS IN ACCORDANCE WITH THE LOCALFIRE DISTRICT.7.INSTALL 12" WIDE CROSSWALK STRIPES AT ALL SIDEWALK CROSSINGS.8.PAVEMENT MARKINGS LOCATED WITHIN PAVER BRICK AREAS MAY BE CONSTRUCTED WITH A CONTRASTING COLOR OFBRICKS OR CONCRETE IN LIEU OF PAINT.FIRE PROTECTION NOTES:1.A SEPARATE PERMIT IS REQUIRED PRIOR TO INSTALLATION OF ANY FIRE LINE.2.INSTALLATION OF ALL UNDERGROUND FIRE LINES SHALL COMPLY WITH THE 2002 EDITION OF NFPA 24.3.PRIOR TO THE ACCUMULATION OF COMBUSTIBLE BUILDING MATERIALS ON SITE, PROPOSED FIRE HYDRANTS MUST BE OPERABLEWITH THE REQUIRED FIRE FLOWS (TEMPORARY BACK FLOW PREVENTERS MUST BE USED, GAP CONFIGURATIONS UNACCEPTABLE )AND IMPROVED, STABILIZED EMERGENCY APPARATUS ACCESS WAYS (MIN. 20' WIDE) MUST BE AVAILABLE TO WITHIN 100' OF THESTRUCTURES.4.UNDERGROUND FIRE LINES SHALL BE INSTALLED BY AN APPROPRIATELY CERTIFIED FIRE SPRINKLER CONTRACTOR OR A TYPE VUNDERGROUND CONTRACTOR AS DEFINED AND OUTLINED IN 633.021, 633.521 AND 633.539 F.S.5. PVC PIPE FOR FIRE LINES SHALL CONFORM TO THE REQUIREMENTS OF AWWA C-900, DR14 (CLASS 305), UNLESS OTHERWISESHOWN ON PLANS.6.ALL FIRE HYDRANTS, FDC'S AND PIV'S SHALL BE VISIBLE AND ACCESSIBLE. THEY SHALL NOT BE OBSTRUCTED VISUALLY ORFUNCTIONALLY BY TREES OR LANDSCAPING.7.REF: APPROVED SDP PLANS FOR FINAL UTILITY LAYOUT, NOTES, AND DETAILS.8.FIRE HYDRANTS SHALL BE MARKED IN A UNIFORM MANNER APPROVED BY THE FIRE DISTRACT.SIDEWALK EASEMENTSEDate:Reviewed and Approved For:Permit IssuancePL201600036017/27/2017 S-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XF-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD- X D- X D-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XS-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD- XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XD-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-XPROPERTY LINEPROPERTY LINEEX. LIGHT POLE(TO BE RELCOCATED)REMOVE EX. 'F' CURB, SIDEWALK,AND CONCRETE APRONPREVIOUS WATER METERU.S. 41TAMIAMI TRAIL EPINE STR.PARCEL APARCEL BPARCEL CPELTON AVE.REMOVE EX. CLEANOUTAND 6 LF SS PIPESIDEWALK TO BE REMOVEDPAVEMENT TO BE REMOVEDFOR PIPE INSTALLATIONPAVEMENT TO BE REMOVEDFOR PIPE INSTALLATIONPAVEMENT TO BE REMOVEDFOR PIPE INSTALLATIONSIDEWALK TO BE REMOVEDSIDEWALK TO BE REMOVEDHORIZ. SCALE (FULL):DATECHECKEDDRAWNRGE:TWP:SEC:DATE:TITLE:CLIENT:PROJECT:OFPROJECT NO.:SHEET NUMBER:REVISIONREV #HORIZ. SCALE (HALF):6610 Willow Park Drive, Suite 200Naples, Florida 34109(239) 597-0575 FAX: (239) 597-0578www.consult-rwa.comFlorida Certificates of AuthorizationEB 7663 LB 6952DESIGNED:DRAWN:VERT. SCALE (FULL):VERT. SCALE (HALF):FILE NAME:FLORIDA LICENSE NO.July 11, 2017 2:40 PM K:\2016\160067.00.00 Wood Springs Suites (SDP)\004 Civil Engineering Design, Construction Plans & TS\Current Plans\Sheet Files\03 1600670000C EX01.dwgWOODSPRING SUITES (NAPLES WEST) GOLD COAST PREMIER PROPERTIES VII, LLC 310160067.00.00FEB.,20171" = 40'1" = 80'1150S25EMCPDLPN/AN/A03 1600670000C EX0160910MICHAEL C. PAPPAS, P.E.EXISTING CONDITIONS AND DEMO WITH AERIALFeet04080PROPERTY BOUNDARY3.12 ACTOTAL AREA TO BE DEVELOPED3.12 ACAERIAL DATE: JAN 2016ALL ELEVATIONS REFERENCE NAVD 1988CONVERSION FROM NGVD 1929 IS -1.28'12.9EXISTING TOPOAREA TO BE DEVELOPED1.PRIOR TO COMMENCEMENT OF CONSTRUCTION, ALL EXISTING NATIVEVEGETATION NOT WITHIN THE LIMITS OF CONSTRUCTION SHALL BE FLAGGEDTO BE PRESERVED. THE CONTRACTOR SHALL INSTALL ENVIROFENCE (OREQUAL) BEYOND THE DRIPLINES OF THE RETAINED VEGETATION AND ALONGTHE LIMITS OF CLEARING. THIS FENCE SHALL REMAIN ERECTED & MAINTAINEDTHROUGH THE DURATION OF THE CONSTRUCTION ACTIVITIES.2.ALL EXOTIC VEGETATION AS DEFINED BY COUNTY SHALL BE REMOVED FROMTHE SITE PRIOR TO PRELIMINARY ACCEPTANCE. THE PROPERTY OWNER SHALLBE RESPONSIBLE FOR THE SUBSEQUENT ANNUAL REMOVAL OF ALL EXOTICVEGETATION, IN PERPETUITY.3.EXISTING NATIVE VEGETATION LOCATED WITHIN THE DEVELOPABLE AREA ANDNOT CLEARED AS PART OF THIS PERMIT SHALL BE PROTECTED WITHBARRICADES. BARRICADES WILL REMAIN IN PLACE UNTIL COMPLETION OFCONSTRUCTION.NOTES:LEGENDREFERENCE SURVEY DATE "PER SURVEYBY RWA PERFORMED ON 12/8/16"2REVISED PER SDP COMMENT LETTER DATED 4/10/1704/28/17DLPMCP25REVISED PER COUNTY COMMENT LETTER DATED 07/10/1707/11/17DLPMCPDate:Reviewed and Approved For:Permit IssuancePL201600036017/27/2017 W-XW-XW-XW-XW-XW-XW-XW-XW-XPROPERTY LINEU.S. 41 (S.R. 90)TAMIAMI TRAIL E.(PUBLIC ROW)PINE STREET(PUBLIC ROW)71087710101039866713.3'x27.6' DUMPSTER ENCLOSUREON CONCRETE PAD12:1 RAMP MAX. PERFDOT INDEX 304 (TYP.)12'5'18' (TYP.)9' (TYP.)18'24'3 10'x20' LOADINGSPACESBIKE RACK(7 SPACES)5' TYPE 'A'BUFFER (TYP.)10' TYPE 'A'BUFFER (TYP.)TYPE 'D'CURB (TYP.)40.7'84'101.3'79.1'DRY DETENTIONAREA24'HOTELCOVERED OVERHANGVACANT(ZONING: GTMUD- MXD, C-4)40'10' TYPE 'D'BUFFER (TYP.)10' TYPE 'D'BUFFER (TYP.)10' TYPE 'A'BUFFER (TYP.)5' TYPE 'A'BUFFER (TYP.)10' TYPE 'D'BUFFER (TYP.)GULF GATE PLAZA(ZONING: GTMUD -MXD, C-4)24" STOP BARSTOP SIGN12"x10'x2'WHITE STRIPESH/C SIGN (TYP.)5' SIDEWALK (TYP.)EX. PARKINGADA MAT (TYP.)8' SE 5' SE10COVERED OVERHANG20'24'8.94'10'925'R25'R2 5 'R 3'R 24" STOP BARAND STOP SIGNPELTON AVE(PUBLIC ROW)35'R35'R25'R6" CHAINLINKFENCE (TYP.)EX. 6' SIDEWALK120'± ROW18'24'18'15' CUE LIGHT POLE (TYP.)25'R3'R5'R3'R5 'R 5'R 3'RDRY DETENTIONAREADRY DETENTIONAREADRY DETENTIONAREA5' SIDEWALK (TYP.)2COMMERCIAL(ZONING: GTMUD -MXD, C-4)2COMMERCIAL(ZONING: RMF - 6- GTMUD - R)RESIDENTIAL(ZONING: MH)2COMMERCIAL(ZONING: GTMUD -MXD, C-4)224' WHITE ALUMINUMPICKET FENCE4' WHITE ALUMINUMPICKET FENCECURB RAMP(SEE DETAIL ON PG.7)TYPE 'F'CURB (TYP.)5' SIDEWALK (TYP.)5% MAX4' WHITE ALUMINUMPICKET FENCE12:1 RAMP PAX12:1 RAMPMAX5% MAX SLOPEHORIZ. SCALE (FULL):DATECHECKEDDRAWNRGE:TWP:SEC:DATE:TITLE:CLIENT:PROJECT:OFPROJECT NO.:SHEET NUMBER:REVISIONREV #HORIZ. SCALE (HALF):6610 Willow Park Drive, Suite 200Naples, Florida 34109(239) 597-0575 FAX: (239) 597-0578www.consult-rwa.comFlorida Certificates of AuthorizationEB 7663 LB 6952DESIGNED:DRAWN:VERT. SCALE (FULL):VERT. SCALE (HALF):FILE NAME:FLORIDA LICENSE NO.July 11, 2017 2:42 PM K:\2016\160067.00.00 Wood Springs Suites (SDP)\004 Civil Engineering Design, Construction Plans & TS\Current Plans\Sheet Files\04 1600670000C MS01.dwgWOODSPRING SUITES (NAPLES WEST) GOLD COAST PREMIER PROPERTIES VII, LLC 410160067.00.00FEB.,20171" = 30'1" = 60'1150S25EMCPDLPN/AN/A04 1600670000C MS0160910MICHAEL C. PAPPAS, P.E.MASTER SITE & SIGNING AND STRIPING PLANFeet030602REVISED PER SDP COMMENT LETTER DATED 4/10/1704/28/173REVISED PER FDOT COMMENT LETTER DATED 5/31/17 & SDP COMMENT LETTER DATED 5/31/1705/31/17DLPMCPDLPMCPLEGENDPROPOSED PAVED AREASPARKING COUNTPROPOSED CONCRETE OR PAVER SIDEWALKLAND USE TABLETYPEAREA (ACRES)PERCENTAGETOTAL BUILDING AREA0.319.94%TOTAL PAVEMENT AREA1.2339.42%DRY DETENTION AREA0.6721.47%TOTAL OPEN SPACE/PERVIOUS0.9129.17%TOTAL3.12100.0PROJECT SUMMARYDESCRIPTIONREQUIREDPROVIDEDMINIMUM FRONT SETBACK(TAMIAMI TRAIL)6.5' MIN.79.1' ±MINIMUM FRONT SETBACK(GROUPER DRIVE)6.5' MIN.40.7'MINIMUM SIDE SETBACK(ALONG EAST PROPERTY LINE)10' MIN.101.3' ±MINIMUM SIDE SETBACK(ALONG WEST PROPERTY LINE)10' MIN.84.0' ±BUILDING HEIGHT (ACTUAL)50' MAX.49'-4"BUILDING HEIGHT (ZONED)50' MAX.44'-2"BUILDING HEIGHT (FROM F.F.E.)56' MAX.41'-7"USE INFORMATION - ZONINGUSEAREA (S.F.)ROOMS/UNITSHOTEL49,587 S.F.123PARKING SUMMARYTYPE OF USEINTENSITYRATIOSPACES REQUIREDSPACES PROVIDEDHOTEL123 ROOMS1 PER GUEST ROOM123127HANDICAPPED PARKING1/25 REGULAR (INCLUSIVE)55LOADING ZONE3 (20,000 S.F. BUT NOT OVER 50,000 S.F.)33BICYCLE PARKING5% OF REQUIREMENTS FOR MOTOR VEHICLES7710NOTE:AN FDOT PERMIT IS REQUIREDFOR WORK WITHIN THE PUBLICROAD ROW ON U.S. 41NOTE:A COLLIER COUNTY "PERMIT TO PERFORM WORKAND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY"IS REQUIRED FOR WORK WITHIN THE PUBLIC ROADROW ON PINE STREET AND GROUPER DRIVE.NOTE:A COLLIER COUNTY "PERMIT TO PERFORM WORKAND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY"IS REQUIRED FOR WORK WITHIN THE PUBLIC ROADROW ON PINE STREET AND GROUPER DRIVE.2FAR CALCULATIONS:3.12 ACRES (135,907 S.F.) LOT AREA x 0.6 FAR =81,544 S.F. (MAX FLOOR AREA ALLOWED)PROPOSED = 49,587 S.F.22223333333335REVISED PER COUNTY COMMENT LETTER DATED 07/10/1707/11/17DLPMCPDate:Reviewed and Approved For:Permit IssuancePL201600036017/27/2017 9/19/2018 RWA, Inc. Mail - RE: Pre App 20180001936-Mini Triangle (MUP) https://mail.google.com/mail/u/0?ik=5006a3915c&view=pt&search=all&permthid=thread-f%3A1602550455812696624%7Cmsg-f%3A1602556099419…1/6 Patrick Vanasse <pvanasse@consult-rwa.com> RE: Pre App 20180001936-Mini Triangle (MUP) 1 message ScottChris <Chris.Scott@colliercountyfl.gov>Wed, Jun 6, 2018 at 4:23 PM To: Patrick Vanasse <pvanasse@consult-rwa.com>, EstradaMaria <Maria.Estrada@colliercountyfl.gov> Cc: WeeksDavid <David.Weeks@colliercountyfl.gov>, BosiMichael <Michael.Bosi@colliercountyfl.gov>, BellowsRay <Ray.Bellows@colliercountyfl.gov>, AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>, Laura Tefft <ltefft@consult-rwa.com>, McLeanMatthew <Matthew.McLean@colliercountyfl.gov> Patrick: The LDC specifies the submittal/review requirements for Mixed Use Projects (MUPs) in Section 10.02.15 (attached). If there are no deviations or bonus density units being requested, then this will be submitted solely as a SDPA (similar to the original Trio SDP). If deviations or bonus density units are being requested, then it will require both a MUP and SDPA submittal. Since the MUP and the SDPA have different reviewers, I don’t believe a formal pre-application meeting is the best venue to answer your questions. This would be better addressed through an informal meeting or a Zoning Verification Letter. I understand that you are hoping to follow the Administrative review process (SDPA) but are unclear as to whether deviations are necessary for your client’s project as it relates to: Hotel Density/Unit restrictions FAR requirements Minimum Hotel Room Size requirements I am not aware of limitations to hotel density, except as provided in the LDC and GMP, which limit Activity Centers and the RT zoning designation to 26 rooms/acre, but will defer to Zoning and Comp Planning. The FAR requirements for hotels in a C-4 district would not apply to projects in the Bayshore Gateway Triangle, as the development standards of 4.02.16 would supersede the base zoning. The Minimum Floor Area of 700 sf per unit as identified in LDC Section 4.02.16 B.1., Table 7, is applied to individual residential or commercial units and would not apply to individual hotel rooms. Please be advised that the Bayshore Gateway Triangle provisions have specific requirements for what qualifies as a Mixed Use Project. Per LDC Section 4.02.16 C.8., a MUP must include a mix of commercial and residential uses. The LDC furthers the commercial requirement to include “a minimum of 60% of all commercial uses within a MUP shall provide retail, office and/or personal services uses…” Please be sure that the MUP is not solely hotel and residential, but also includes some retail, office and/or service uses. Christopher O. Scott, AICP, LEED-AP Planning Manager - Development Review 239.252.2460 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: Patrick Vanasse [mailto:pvanasse@consult-rwa.com] Sent: Wednesday, June 06, 2018 3:16 PM To: EstradaMaria <Maria.Estrada@colliercountyfl.gov> Cc: WeeksDavid <David.Weeks@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; ScottChris <Chris.Scott@colliercountyfl.gov>; Laura Tefft <ltefft@consult-rwa.com> Subject: RE: Pre App 20180001936-Mini Triangle (MUP) Hi Maria, We believe that we can go through the MUP and SDP amendment process, but we need to get that confirmed by the staff leadership group. I’ve already discussed this issue with David Weeks and Ray Bellows and we respectfully request that all staff members copied on this email attend the pre-app meeting in order to obtain consensus on several issues. I’ve copied an email I sent to David Weeks requesting confirmation of the following items. 9/19/2018 RWA, Inc. Mail - RE: Pre App 20180001936-Mini Triangle (MUP) https://mail.google.com/mail/u/0?ik=5006a3915c&view=pt&search=all&permthid=thread-f%3A1602550455812696624%7Cmsg-f%3A1602556099419…2/6 Thank you for your response. As discussed with you over the phone, one of our clients has purchased the mini-triangle Trio property and is very interested in the possibility of locating a hotel with some residential units on this site. In order to make a hotel viable, more rooms are needed. As you can imagine we would prefer to avoid the public hearing process if at all possible, and simply amend the existing MUP and SDP. Per your response and my review of the LDC, I could not find any regulations that limit the number of hotel rooms at this location. The 26 unit per acre standard seems to be limited to the activity centers and RT district. Moreover, I don't think the FAR associated with C-4 zoning applies when the MUP avenue is taken. My understanding is that the overlay supersedes the base zoning and that the overlay does not contain an FAR in order to provide more flexibility and encourage redevelopment. These are very important questions/issue that we need to confirm as soon as possible. I believe the quickest way to obtain answers is through an official pre- application meeting. As such, Laura from our office is submitting a pre-app request today. We respectfully request that you and/or Mike, Ray and Heidi attend our meeting so we can discuss these issues and ensure we have consensus moving forward. Thank you, From: EstradaMaria Sent: Wednesday, June 06, 2018 12:24 PM To: 'ltefft@consult-rwa.com' <ltefft@consult-rwa.com> Subject: FW: Pre App 20180001936-Mini Triangle (MUP) Hi Laura, Please see email below from Chris. We are trying to determine if you need to Pre-App meetings or just one for the SDPA. Maria From: ScottChris Sent: Wednesday, June 06, 2018 8:26 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov>; EstradaMaria <Maria.Estrada@colliercountyfl.gov> Subject: RE: Pre App 20180001936-Mini Triangle (MUP) A MUP only requires a public hearing if they are requesting deviations or if they are requesting density pool bonus units; otherwise, it is an administrative review processed through the SDP(A) process. Christopher O. Scott, AICP, LEED-AP Planning Manager - Development Review 239.252.2460 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: BellowsRay Sent: Tuesday, June 05, 2018 5:18 PM To: EstradaMaria <Maria.Estrada@colliercountyfl.gov> Cc: ScottChris <Chris.Scott@colliercountyfl.gov> Subject: RE: Pre App 20180001936-Mini Triangle (MUP) Hi Maria, Since the MUP requires a public hearing, two pre-app should be required but one can be held after the other. Ray ccpc MEETING LDC AMENDMENT CYCLE 2012 -1) BACK -UP DOCUMENTS APRIL 13 , 2012 BAYSHORE /GATEWAY TRIANGLE OVERLAY AMENDMENTS For the purposes of clarity and comprehension the Bayshore /Gateway Triangle Overlay regulations have been reorganized from the existing LDC format. The following list provides a brief description and the page number of the substantive changes. The substantive changes are as follows: 1) Addition of Uses to Definition 1.08.02 Pg. 2 2) Addition of galleries, artist's studios, and live work to BMUD Subdistrict 2.03.07 Pg.6 3) Uses added (Live Work, Artist's Village, Community Gardens) 2.03.07 Pg. 10+ 4) Uses added (Live Work, Artist's Village, Community Gardens, Lawn & Garden) 2.03.07 Pg. 20+ 5) Single family minimum floor area reduced from 1300 to 1100 sq. ft. BMUD -R1 4.02.18 Pg. 28 6) Single family min floor area reduced from 1300 to 1100 sq.ft. GTMUD 4.02.18 Pg. 35 7) Guest house max area from 570 t0 750, must be new construction 4.02.16 Pg. 43 8) Addition of Artist Village 4.02.16 Pg. 44 9) Addition of Community Garden 4.02.16 Pg. 45 10) Addition of Live -Work Units 4.02.16 Pg. 45 11) Mixed Use Project 30% open space request for deviation 10.03.05 Pg. 50 12) Glazing reduce 35% to 30% & 30% to 25% 4.02.18 Pg. 72 13) Exterior Building Colors deviation language 5.05.08 Pg. 75 14) Awnings deviation language 5.05.08 Pg. 75 15) Buffer and tree spacing changed from no more that 25 on center to 30 4.02.16 Pg. 77 16) Right of way buffers coordinate with streetscape guidelines 4.02.16 Pg. 78 17) Water Management (area may be located in buffer area) 4.02.16 Pg. 82 18) On Street Parking 4.02.16 Pg. 84 19) Addition of Mural Language 5.06.00 Pg. 88 20) Non - Conforming language 2.03.07 Pg. 88 -90 21) Mixed Use Project types and Administrative approval 10.02.15 Pg. 91+ additional pages 1 N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT (GTMUD). 2 This section contains special conditions for the properties in and adjacent to the 3 Gateway Triangle as referenced on GTMUD Map 1; and further identified by the 4 designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map 5 series. 6 7 N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT (GTMUD). This section contains special SpeGial conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent 8 The purpose and intent of this District is to encourage revitalization of the 9 Gateway Triangle portion of the Bayshore Gateway Triangle Community 10 Redevelopment Area with, pedestrian- oriented, transit -ready interconnected 11 projects that are urban in nature and include a mix of residential types and 12 commercial uses. Development in this District should encourage pedestrian 13 activity through the construction of mixed -use buildings, an interconnected street 14 system, and connections to adjacent neighborhoods. When possible, buildings 15 are located near the street with on street parking and off street parking on the 16 side or in the rear of the parcel. 17 This District is intended to: revitalize the commercial and residential 18 development; promote traditional urban design; encourage on street parking and 19 shared parking facilities; provide appropriate landscaping and buffering; and 20 protect and enhance the Shadowlawn residential neighborhood. 21 22 Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore /-Gateway Triangle Redevelopment Area with Traditional NeinhherhGod Design (TND) n eats TNDs are typisolly human - scale, pedestrian- oriented, interconnected projects that are urban in nature and include -with a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed -use buildings, ° ^" ^ ffi ^° FesideRtial that GGFnplernent eaGh Gther. Residential uses are often IGGated abeve em.»ers' ^I uses, b Ut Gan he o sepaFate o of residential only with Giese PFGX'Fnwty t^ ^ernmer ^ia1 uses en interconnected street system, and connections to adjacent neighborhoods is the hasi^ fer the transper+a +inn nehver1, When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development;.; promote traditional urban design: encourage on street parking and shared parking facilities;, -and provide appropriate landscaping and buffering between the .,aria„^ types of uses, and protect and enhance the nearby Shadowlawn residential neighborhood. The types of uses permitted are hatelo retail, „ lee, p al seWiGe and residential uses. 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. EXGept as etheR ise previded by this seetien of the LDS, all uses, dirneRSiGRal and development FequiFements shall be as FequiFed the pplic.'.b!e :.ndedyiRg zeni g SGlasv.i Gativn- b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, including amendments or boundary changes to these PUDs, are not subject to the Gateway Triangle Mixed Use District requirements. b. existing Planned Unit Developments (PUDs) that existed prior to March 3. 2006, including amendments or boundary changes to these PUDs are not subject to the Gateway Triangle Mixed Use District requirements; hor, R D nliGatione submitted, ., d found ff' + f+ M h 3 2006 aFe rani linemen +c. stated herein req uirements 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of Section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County Growth Management Plan. Development standards in the activity center is governed by requirements of the underlying zoning 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 of this Code. 17 2 3 4 5 6 7 E 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts C. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of Section V. F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the Future Land Use Element (FLUE? of the Collier County Growth Management Plan. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.35 of this Code. b. Property owners may establish uses, densities and intensities in accordance with the existing Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop /redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.35 shall apply. 2.03.07 N.2. Applicability d. Property owners may establish uses, densities and intensities in accordance with the feilew xisting Collier County Land Development Code regulations of the underlying zoning classification, or may elect to develop /redevelop under the mixed use provisions of the applicable GTMUD Mixed Use (MX-D)-Subdistrict °f this overlay, through a mixed min In either instance, the GTMUD site development standards are applicable to all new development, as provided for in subsection 4.02.35 shall apply 2.0 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The Gateway Triangle Mixed Use District consists of the following Subdistricts: Mixed Use Subdistrict (GTMUD -MXD). The purpose and intent of this subdistrict is to provide for pedestrian- oriented, transit -ready commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts Mixed Use Subdistrict (GTMUD -MXD). The purpose and intent of this subdistrict is to provide for commercial and mixed used developments and higher density residential uses. Developments will be pedestrian - oriented and reflect building patterns of traditional neighborhood design Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential. these N arnels with f Ito S A 1, the south id r Davis Boulevard, and west of Airpor+ Pulling Read. Included in this District afse is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gatewav to the City of Naples. Developments will he pedestFiaR oriented d fl f 2.03.07.1.3., refer to Tables 1 and 2 f permitted uses. Ott Residential Subdistrict (GTMUD -R). The purpose of this Subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The Subdistrict provides for a variety of compatible residential housing types and a limited mix of non - residential uses in a walkable context. 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts b. Residential Subdistrict (GTMUD -R). The purpose of this Subdistrict is to encourage the continuation and revitalization of development iR the Shadowlawn neighborhood. The Subdistrict provides for a varietv of a mimeo; residential housing types and a limited mix of non - residential uses in a walkable context b. Use Categories and Table of Uses. All uses permitted in the GTMUD subdistricts have been divided into nine (9) general categories, which are summarized below: a) Residential: Premises available for long -term human habitation by means of ownership and rental, but excluding short -term leasing or rental of less than one month's duration. b) Lodging: Premises available for short -term human habitation, including daily and weekly rental. C) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC Section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. C) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD, and subject to the MUP approval process as outlined in Sec. 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning. However, all projects must comply with site development standards as provided in Section 4.02.16. 2.03.07 N.6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The permitted. accessory and conditional uses allowed in the GTMUD- MXD are only for€9F mixed use projects -", subject to the MUP approval process as outlined in Sec. 10.02.15 2.03.07.1.3., Fefer to Tables 1 and 2 f,9Fpermitted uses Otheavise, permitted uses are Uses for all other development types must be in accordance with the underlying zoning district. iii. Table of Uses I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B. Dimensional and Design Standards for the GTMUD 1. Mixed Use Subdistrict ( GTMUD MXD) a. Specific District Provisions: i. Maximum Density: a) Mixed Use Project: 12 units per acre 1) Bonus Density Units, as provided for in 10.02.15 C., must be used to increase density above density allowed by the underlying zoning district, except for Mixed Use Projects in the Mini - Triangle Area, defined by US 41 East, Davis Boulevard and Commercial Drive. b) Residential Projects not part of a Mixed Use Development are limited to the maximum density allowed by the underlying zoning district. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in Section 4.02.16 D, Building Types and Architectural Standards. Min. Lot Width (ft) House' 50 Townhouse 2 253 A._ 100 100 Commercial 100 Institutional 100 Min. Front Yard (ft) 10 10 10 6.5 6.5 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront Setback (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 1,100 1,000 750 per unit 700 per unit 700 per unit n/a Min Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 a) Development in the Mini - Triangle Area of the GTMUD — MXD subdistrict shall have a maximum setback of 20 feet 1 See 4.02.16.13.3 regarding Duplexes See 4.02.16.13.3 regarding Two - Family Units 3 Applies to individual unit 38 1 2 3 4 b) Mixed Use Projects in the Mini - Triangle Area of the GTMUD — MXD subdistrict have a maximum building height of 112 feet. 39 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict Site development standards for Mixed Use Projects on Davis Boulevard (south side), US Hwy 41, Airport- Pulling Road and Commercial Drive Front streetscape zone for new 16 Feet Measured from back of curb into front yard, which includes construction existing sidewalk area. See GTMUD Figure 1 1. If no curb exists, as on Commercial Drive, the front streetscape zone shall begin a minimum of 6.5 feet from the front property line into the right of way. 2. The front streetscape zone shall also apply to any new buildings or structures in the C -1 through C -3 Zoning Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 4. Steps, and or ramps may encroach into the streetscape zone but no more than 3 feet. Front yard set back Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from the front property line into the property. 1. The front yard setback shall also apply to any new buildings in the C -1 through C -3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 foot step -back from the front facade on the first and second stories is required at the third story and above. Site Development Standards for mixed use projects for other streets Front setback 10 feet 1. The front setback shall also apply to any new buildings in the C -1 through C -3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step -back from the front facade is required at the third floor and above. Side yards - abutting residential 10 feet Side yards - all other 10 feet minimum Rear yard 5 feet Waterfront18 25 feet setback M 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict (continued) Dimensional standards: Minimum floor area 700 square foot gross floor area for each unit, residential and commercial. Minimum building separation 10 Feet Minimum lot area 80,000 Square feet Minimum lot width 400 feet Building footprint A building with commercial use only is limited to a maximum building footprint of 20,000 square feet, except in the "Mini Triangle ", defined by US 41 East, Davis Boulevard and Commercial Drive, where the maximum limit is 30,000 square feet Maximum height Commercial use only: Maximum height 42 feet, not to exceed 3 stories of buildings Residential use only: Maximum height 42 feet, not to exceed 3 storiesofbuildings Mixed -use: Residential on top of commercial uses 56 feet, not to exceed 4 stories Maximum height of buildings 56 feet, not to exceed 4 stories Hotel /Motel Mini Triangle" Mixed Use Project 112 feet, not to exceed 8 stories Maximum height of buildings The maximum building height of properties developed in Maximum height of buildings. conformance with underlying C -4 and C -5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Mixed use building uses Only first two floors can be used for commercial uses Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only Maximum density 1. For a mixed use project, 12 units per acre in the "Mini Triangle," defined by US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use project, 12 units per acre to include all areas of the Mixed Use Subdistrict except: Z] North side of Davis Boulevard m East side of Airpd?t.illing Road For these excepted areas, three units per acre, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3. Residential only projects (not part of a mixed use development), per the underlying zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. April 25, 2012 "CCPC/LDC Amendments Special Meeting" TRANSCRIPT OF THE LDC MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida April 25, 2012 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 5:01 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: Heidi Ashton - Cicko, Assistant County Attorney Ray Bellows, Zoning Manager Thomas Eastman, Collier County School Board Page 1 of 27 Mark Strain, Chairman (Absent) Melissa Ahern (Acting Chairwoman) Phillip Brougham Diane Ebert Karen Homiak Barry Klein Paul Midney (Absent) Brad Schiffer Bill Vonier (Absent) AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:01 P.M., WEDNESDAY, APRIL 25, 2012 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 1 ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. NEW BUSINESS A. LDC Amendment Review I Subsection(s) I Description I Date I Author /Division I 2 3.00i.116 1 Regulated Wellfields - City of Naples East Golden Gate 111/28/11 Ray Smith l4'ellfields 12 3.06.07 1` , 4eK Y P,77 4 3.0606 C Regulated Wellfields - Collier Co Utilities Golden Gate Wellfields 1 (;2811 Ray Smith 7 3.1)6.06 A Rcgun tad V4± Iy ellfieldsy r ; tWm l 1f28r 11 Ray Smith 6 ' 3,00.00 E Regulated Wellfields - FGUA Golden Gate City Wellfields 11/281"11 Ray Smith 71 3.06.06 F Rcgu cis , Regulated Wellfields - Immokalee Wellfields 11/28/11 I2ay Srnith < < 8 3 110.1)6 G Ray Smith r9 1 3,06 0611 Reg I7elds t" Ch 10 306,001 RcgulatcdWelIfields -Add Port of the Islands I1 /28/11 Ray Smith 12 3.06.07 Unregulated Wellfields - Remove 3.06.12 Regulated Develop - Scrivener error 14 1.08.02 Defiritions -Hazardous Product 15 2.0107G i- O\ erlay c it trict - Sayshore CRA' 5. PUBLIC COMMENT ITEM 6. DISCUSSION OF ADDENDA 7. ADJOURN 1 1 l /28/11 1 Ray Smith 1/12 1 Ray Smith April 25, 2012 "CCPC/LDC Amendments Special Meeting" COMMISSIONER EBERT: I'm going to ask a question because I wrote a note on this, and it said -- when we were going through the other definitions it said on this one to continue to the May 3rd meeting. COMMISSIONER HOMIAK: No, that was the agenda that we had before right here. Not continue. It's on the agenda for tonight, the old one that we had too. It wasn't continued. It's on there. ACTING CHAIRWOMAN AHERN: Do I have a motion to approve? COMMISSIONER SCHIFFER: To approve. COMMISSIONER HOMIAK: Second. ACTING CHAIRWOMAN AHERN: All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER KLEIN: Aye. ACTING CHAIRWOMAN AHERN: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMTSSIONER HOMIAK: Aye. ACTING CHAIRWOMAN AHERN: Motion approved 6 -0. Thank you, Ray. MR. SMITH: Thank you. ACTING CHAIRWOMAN AHERN: And the last item on the agenda tonight is 2.03.07.G, the overlay district for the Bayshore CRA. MS. CILEK: And I'm going to leave you in good hands with my colleague Chris Scott who knows and has worked on this amendment for quite a long time. So thank you. ACTING CHAIRWOMAN AHERN: Great. MR. SCOTT: For the record, my name's Chris Scott with the Growth Management Department. I'm going to -- rd like to give you a little bit of background about the Bayshore/Gateway, but first I also want to recognize Patrick Vanasse is in the audience, he's with RWA, who assisted in the development or was the main developer of the amendments. And Jean Jourdan with the Gateway Triangle, Bayshore/Gateway Triangle CRA. And if -- I would like her to come up and maybe say some introductory remarks regarding the CRA and where these amendments came from. MS. JOURDAN: Good evening. For the record, Jean Jourdan. I'm project manager with the Bayshore /Gateway Community Redevelopment Agency. Forgot the Triangle. That's a long name. We're just used to saying CRA. So if I refer to CRA it is the Bayshore/Gateway Triangle Community Redevelopment Agency. The CRA was established in 2000 and the redevelopment plan was adopted the same year. The LDC amendments before you are consistent with the vision, goals and objectives of the community redevelopment plan and the resolution 2008 -60, which created a cultural arts district within the Bayshore/Gateway area. This process has — we've been going through the community vetting process for about four years, getting input on these LDC regulations to see what was working and what wasn't working. We found a lot of things needed to be tweaked, and that's why the amendments are before you now. And the amendments basically is a result of the community and what they were telling us, the problems that they were having as far as trying to get things through the process. Redevelopment. It's really difficult to redevelop in Collier County right now, so we're proposing these amendments to make that a little bit easier. And with that said, I'll turn it back over to Chris. MR. SCOTT: Thank you. Also, I did not realize David Jackson is also in the audience. He's with the Bayshore /Gateway Triangle CRA. As background, let me give you a little bit personal background. I used to be in the private sector, so I did assist in the development of these, and since then happen to now find myself as a Collier County employee. So I am very familiar with the amendments and what the CRA has been attempting to do. So I am in somewhat of a unique position to answer your questions as you come forward. And of course Patrick Vanasse, who helped develop these is here as well. But in 2009 the CRA retained RWA to do a comprehensive rewrite of the amendments and they were specifically looking to further investment and redevelopment, as Jean mentioned. Some of the things they were targeting was making it a little more user friendly or easy to utilize, and Page 10 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" incorporate some best zoning practices and increase some flexibility from some of the rigid standards that were in there. RWA prepared a zoning code and map analysis. I don't believe that was included as part of your packet. But basically what that did, there was, you know, stakeholder interviews, public meetings, a review of the existing LDC, both the greater LDC and the specific overlays. There was a review of the built environment in the Bayshore/Gateway Triangle areas. And based off of all the background information, the analysis identified some alternative provisions to be considered as the amendments went forward. And there were five of those and they were broken down to improve user friendliness. Some of the things that were identified were to eliminate inconsistencies between the overlay regulations and things that were found in the greater Collier County LDC, incorporate more tables and pictures, or modernize the table of uses, consolidate design standards. There was a lot of repetition in the existing LDC. The other -- the major theme was encourage redevelopment, revitalization and infill. And that was to -- being proposed through increased mixed use development opportunities, creating some non - conforming provisions specific to the gateway -- Bayshore /Gateway Triangle areas, creating some incentives, developing infill standards, and revising some of the parking provisions. Facilitating cultural arts district was another major theme. Looking at permitted uses that are allowed that support cultural arts. Live /work units was one use that was specifically identified to be included. Creating incentives and helping develop a walkable public realm, pedestrian friendly public realm. Ensuring development quality. Some of the themes discussed were, you know, incorporating some more form -based provisions. Again, the public realm was discussed. Updating development standards and incorporating some sustainable development practices. And finally, improving and simplifying the review and approval process. And I think that's where a lot of the issues that were experienced there. And some of the items to accomplish that were to move the MUP out of where it currently is and put it with the other procedural requirements in the LDC. Create an administrative approval process. And again, looking at some nonconforming provisions specific to the CRA. So that's a little bit of background. The packets before you, what was included, I want to just give an overview. It's a very large section of your packet, and the majority of the rewrite, and I know it's caused some consternation for several people that I talked to is, there was so much reorganization because things were in weird sections, and that's not unique just to the Bayshore /Gateway overlay LDRs, but I found it throughout the Collier County LDC. But we were trying to lay it out a little more intuitively and make it more consistent with how the greater LDC is laid out. So there is a definition section. There is a section chapter two which identifies the zoning districts, both the greater overlay and all the subdistricts within that overlay. And that section describes the purpose of intent and identifies the uses that are allowed. Chapter four contains all of the design standards, your setbacks, your landscaping requirements, architectural requirements, those types of things. And then chapter 10 are the procedures in the LDC and we move. the MUP process to chapter 10, so it's with the other procedures in the LDC. And because of all of that reorganization, it made a traditional strike - through/underline format for LDC amendments very difficult to do, impractical. It would be hard for you. So the way the packet is set up is you have clean text. If it's related to existing text we put those in a text box and you can see it in strike - through/underlined, and that's to help assist you all to identify what is new language and what was old language that may have been amended. With that said, there are some changes other than just reorganization. There are some revised development standards. There's some flexible setback requirements for infill lots. Some of the minimum floor area and maximum floor area requirements have been slightly adjusted. Some of the architectural standards have been changed, and I'll get into that in more detail. Buffer requirements had some minor adjustments. And parking requirements were minimized a little bit. Some of the substantive changes. Now, these are more than just minor changes in numbers. There are some new uses that were introduced. Live/work, which I had mentioned previously, an artist village and community gardens. It incorporates some form -based code provisions within the architectural design section. There's some provisions for murals within the CRA; again, nonconforming provisions that are specific to the redevelopment area. And then it allows for administrative MUP approval process. So those would be the major issues. Page 11 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" And that pretty much gives you a little summary and background. I know typically with the board protocol is to go page -by -page. I will note that we have had a meeting with the County Attorney's Office. We met with Brad to discuss these amendments since the packets have been sent to you. So there are some sections that we would like to amend, and I'll note them as we get to those pages, if that's okay with you all. ACTING CHAIRWOMAN AHERN: Perfect. Okay, do you guys wants to just go through about 10 pages at a time and ask any questions you have? COMMISSIONER SCHIFFER: Yeah. ACTING CHAIRWOMAN AHERN: Okay. Let's take the first 10 pages. COMMISSIONER SCHIFFER: I have a question. It's not really the numbered page but the fiscal impact, what does that statement mean that the CRA amendments will be subject to the fee of $3,000? Is that referring to thisoristhatreferringtopeopleinthefuture? MR. SCOTT: No, the $3,000 fee is the fee required for someone to submit a text amendment. So the CRA had paid the $3,000 fee to submit the text amendment to the county. COMMISSIONER SCHIFFER: But Ray, isn't the intent of that to see if the changes here have a fiscal impact, not the actual application procedure or -- MR. SCOTT: That is the intent. I didn't write that section so I wasn't familiar with it. I will say that the amendments don't take away any rights or -- that are currently conveyed on propertyowners. So in that regard I wouldn't imagine any impacts to the county or any property owners. COMMISSIONER SCHIFFER: Okay, more questions. On Page 4, the live /work units, which I think is an excellent idea; I was on the national codes and we put it into the building code. The question I had, and the rest of the Planning Commission, they only have it for single - family, where I think it could be in multi - family. And where we could start getting in trouble in Florida is that a three -unit townhouse project is a multi - family project. I'm not sure why it has to be restricted to that. Also, I think the definition of it would be, you know, it would be nice if it was exactly the same as thebuildingcommissionorthecodehas. MR. SCOTT: Yeah, after our meeting you had mentioned that with us, and when this was developed it was prior to the recent Florida Building Code amendments that were just enacted. So we are comfortable in amending thisdefinition. And if you'd like, I can read how this definition would change. Live /work units. So everything after that would be stricken and the new definition would be -- and this again is to make it consistent with Florida Building Code Section 438 -- a dwelling unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant. COMMISSIONER SCHIFFER: Okay. MR. SCOTT: And that would make it consistent with Florida Building Code. COMMISSIONER SCHIFFER: Jean, I guess the question is do you want it in multi - family or -- I mean, obviously an artist like the artist village, they can live in a multi - family building and they're obviously going to be intheirlivingroompainting. So its not like they can't do that in their house. MS. JOURDAN: The reason we put it in the places that we did was through public input. The places where we are allowing it are actually single - family but they're transitional places. They're mobile homes that are transitioning into single - family. The one part is actually across from commercial. So the other people within the area had indicated that they did not want to have live /work on their established streets. So we identified these areas that were transitional and the ones that were next to or adjacent to commercial for the live/work. That was the reasoning. ACTING CHAIRWOMAN AHERN; Any other questions, Page 1 through 10? MS. ASHTON- CICKO: If you decide to go with the current definition, you just need to put an or in between line 16, a single owner or tenant. COMMISSIONER SCHIFFER: I think the intent is for a tenant, though. I mean, in other words, you don't want some guy that owns it and is not the tenant. MR. SCOTT: Right. Yeah, we're comfortable adjusting it to match Florida Building Code. So it would be a dwelling unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant. So the tenant or which could also be the owner would operate both the commercial — or the nonresidential and the residential space. COMMISSIONER SCHIFFER: But it doesn't have to be the owner. Page 12 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" MR. SCOTT: No -- COMMISSIONER SCHIFFER: And you don't want -- MR. SCOTT: Right, just the -- COMMISSIONER SCHIFFER: — you want some guy can own it and lease it to an artist. MR. SCOTT: Correct. ACTING CHAIRWOMAN AHERN: Heidi, did you have anything else on those pages up to Page 10? MS. ASHTON- CICKO: No. MR. SCOTT: I have a minor change on Page 6, 2.03.07.I.1, in the purpose and intent. The second line, which is line nine, notes the Bayshore/Gateway Triangle community redevelopment area, (CRA), to make it — the CRA is actually the Collier County CRA with two redevelopment areas. So to make it consistent with the — to make it proper, we will strike the word community at the end of line nine, and strike the (CRA) on line 10. And that happens a couple of other places throughout the document. ACTING CHAIRWOMAN AHERN: Okay, Page 11 through 20. MR. SCOTT: I have one -- I have a couple of changes in the use table that were an error of omission. On Page 12, the — which is the Bayshore mixed use district's table of uses, the dwelling number A.5, dwelling multi - family three or more, is currently allowed in the R -2 and R -3 subdistrict as well as the R -1. We want to make that consistent. And it was -- so we'll add the P to R -2 and R -3. And right below that dwelling mobile home is currently only allowed in the R -3, so we will strike it from R -1. And then for the dwelling mobile home, the P under R -3, just for clarification, we want to add an asterisk after the P and then put an asterisk before if allowed by underlying zoning, under additional standards. And that just clarifies that mobile homes are permitted in the R -3 subdistrict if allowed by the underlying zoning. And let me just as a little background, the table, you'll see a header above each page of the table. The way it's set up, and this is with the existing LDC and it's carried over to this, the uses that are listed for the residential districts are allowed in those districts. The uses that are identified for the NC and W or the nonresidential subdistricts, those are uses that are allowed as part of a mixed use project or an MUP. If you are building something traditionally on a single lot, you would follow the uses that are allowed for the underlying zoning district. So just because a use is not specifically listed here for a nonresidential subdistrict does not mean that it is not allowed on a piece of property in Bayshore /Gateway Triangle. That would be regulated through the underlying zoning district, C -1 through C4 or whatever it may be. ACTING CHAIRWOMAN AHERN: Okay, any questions? No response.) ACTING CHAIRWOMAN AHERN: Is that all of your changes? MR. SCOTT: Let me see. We're going 10 at a time or are you doing -- ACTING CHAIRWOMAN AHERN: Yes, we're going 11, Page 11 through 20. MR. SCOTT: Then Page 14, F -1, boatyards are currently identified as an accessory use in the NC and W subdistricts. We are going to strike that completely. And then on Page 15, marinas, we are going to say marinas and boatyards because the supplementary standards apply to both marinas and boatyards. And then I would also clarify that the major heading on that same page, it says infrastructure. It has an F. It should be an H. So that is a scrivener error. ACTING CHAIRWOMAN AHERN: Go ahead. MR. VANASSE: Patrick Vanasse, for the record. I would just like to clarify something also along the lines of what Chris was talking about with the tables. What's important to note is that the overlays provide uses above and beyond what's already approved and what's already allowed in the underlining zoning district. So if you turn to Page 11 and you look at line eight, it kind of describes how these overlays work. And what it states is all other projects may elect established uses, densities and intensities in accordance with their underlying zoning. However, all projects must comply with site development standards as provided in Section 4.02.16, which is the overlays. So basically what we're saying is that if your underlying zoning district allows certain uses, you keep those uses. And the densities and intensities associated with those underlying districts exist. So we're not changing that, we're just supplementing that with the overlays. Page 13 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" However, when it comes to development standards, no matter what your underlying zoning district is, you have to abide by the development standards within the overlays. So if you're just looking at uses, intensities and densities, you have the option of going with existing zoning or opting for this. When it comes to development standards, you must abide by this. So I just wanted to clarify that. MS. ASHTON- CICKO: Can I also make a fiuther clarification? As proposed in here, if somebody wants to go forward and they want to develop or redevelop, they really will have three options. And one of the options we haven't gotten to yet. But they could rezone the property to whatever they can get approved by the Board. They can use the underlying zoning designation, what he's saying, what he told you just now as far as the uses. So if it's C -3, they could do any of the C -3 uses. Or when we get to it a little bit later they can do a mixed use project, MUP, which is proposed to be done administratively. So those uses that they just went through, the chart that you looked at that showed the overlay, it will operate kind of like straight zoning. Anything that's in the overlay they'll be able to get approved. All they have to do is submit the request, staff checks to make sure it's a use in the overlay, and they get it. So that's a little bit different, and we'll get to that a little bit later. But I just wanted you to understand that there were multiple options on how to develop. ACTING CHAIRWOMAN AHERN: Okay, any other questions? No response.) ACTING CHAIRWOMAN AHERN: I'm sorry, do you have more changes? MR. SCOTT: I do have one more between Pages 10 and 20. That is a simple one. Page 16, similar to what I discussed earlier. And one, purpose and intent, line nine, strike the word community. So that it just reads Bayshore /Gateway Triangle redevelopment area. And I'm good until we get to the next 10. ACTING CHAIRWOMAN AHERN: Okay. Any questions up to Page 20? No response.) ACTING CHAIRWOMAN AHERN: Okay, let's go Page 21 to 30. Chris, we can start with you. MR. SCOTT: Okay. Similar with the dwelling, mobile home, A -6, we will add an asterisk after the P under R and put an asterisk under the additional standards prior to if permitted by underlying zoning. The B -1, bed and breakfast facilities. I need to confer with Jean, but I believe the decision was to also add that as a permitted use in the mixed use subdistrict. Yeah. So B -1, bed and breakfast facilities, add a P under MXD or a CU, excuse me. ACTING CHAIRWOMAN AHERN: So both are conditional uses? MR. SCOTT: Yes, Page 24. COMMISSIONER SCHIFFER: Maybe why don't we go page -by -page and you can join in. ACTING CHAIRWOMAN AHERN: You have questions? COMMISSIONER SCHIFFER: I do. Twenty -one, the maintenance repair in the mixed use area, we still wanted to remove that? MR. SCOTT: Maintenance repair. I apologize, that was one I missed. Add a CU under MXD. Thank you. Any other questions on that page or -- COMMISSIONER SCHIFFER: No. MR. SCOTT: Page 23 and 24, there's just a small portion that got carried over. The very last item, lawn and garden services in conjunction with a nursery. Strike everything under the additional standards. And the rationale for that is those pertain to demonstrating compatibility. Those are already criteria that have to be demonstrated for any conditional use, so it was redundant. ACTING CHAIRWOMAN AHERN: Any questions on those two pages? No response.) ACTING CHAIRWOMAN AHERN: Chris, do you have anything else? MR. SCOTT: Not on this. ACTING CHAIRWOMAN AHERN: Okay. COMMISSIONER SCHIFFER: I have a Page 26 question. Page 14 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" ACTING CHAIRWOMAN AHERN: Go ahead. COMMISSIONER SCHIFFER: And I guess, Heidi, these density bonuses, I guess its 388 units; is that right? How many do we have now? MS. JOURDAN: That's correct. Initially we started out with 388 and then there was 232 units approved for the arboretum project, which no longer exists. Asa matter of fact, it reverted back to its original zoning. So those 232 units are going to come back to us. The only thing according to comprehensive planning, they're keeping track of this, are five units that were used in a project. So that would take us down to 383. COMMISSIONER SCHIFFER: Arad that would be the coffee shop. MS. JOURDAN: Correct. COMMISSIONER SCHIFFER: Go ahead. I mean, what that is is there's only a limited amount of units other than what you're entitled to on your property, correct? MS. JOURDAN: Correct. COMMISSIONER SCHIFFER: The rest of the board. So everybody is going to be drawn out of that pool. And it looked like that one project was a pretty big hit. So it really is purely first come, first serve? And how long can they hold it? Like how -- I mean, how many -- I know there's a frame in here where it elapses. So till they elapse, they have the rights of those units? MS. JOURDAN: Correct. And then if they don't utilize them — and I believe Heidi can answer the question, because she's working on how they would come back to the density bonus pool. I don't know, Heidi, is that going to be per resolution, ordinance? How would we get back those units? I know that they're not being used, so -- but officially? MS. ASHTON-CICKO: Well, in answer to your question, my recommendation was to do a resolution. The current regulations provide that the stuff automatically terminates. But I still think that it's better to memorialize it in a resolution, frankly. That's my recommendation. But on this section that you're looking at, A -1, when I first looked at it I found it confusing. You know, some of the things in the overlay they can have by right. And I initially read this to mean they could have the 12 units an acre by right. And in talking with Chris, he indicated that you get the underlying zoning unless you can get up to 12 units an acre with the density bonus. So I read it a little bit differently, which -- MS. JOURDAN: I'm song. Also, if you read the Growth Management Plan, then it makes it more clear how you qualify for those density bonus units. There's only certain projects that will qualify that it has to be a mixed use project. Right now the way the thing is written, no one else can tap into those bonus density units. And it's outlined in the future land use element, the Bayshore/Gateway.overlay in the Growth Management Plan. MS. ASHTON- CICKO: It's addressed on your last page where Page 101 is the density pool allocation. And as I understand it, its first come, first serve. So whoever applies essentially you get it. If you apply, you get it. MS. JOURDAN: But you have to be within a mixed use project. MS. ASHTON-CICKO: Correct. COMMISSIONER SCHIFFER: Right. But it's a limited resource. MS. JOURDAN: Yes, it is. Yeah, it's an incentive, similar to early entry TDR's. That was from Patrick. He's whispering in my ear back there. COMMISSIONER SCHIFFER: And the problem's going to be is that once they're gone and you have commercial zoning which doesn't have residential attached to it, your mixed use projects aren't going to be that mixed. MS. JOURDAN: Yeah. I mean, we're looking into other ways of getting additional density, but because of that being the coastal high hazard area, they didn't really want to increase the density. So we're actually pulling from the density that was allowed on Botanical Gardens. That's where those 388 units came from, because they said they didn't want to increase the density in the coastal high hazard area. So that wasn't really increasing the density, it was just a reallocation. And that's where those 388 came from, that number. MR. VANASSE: For the record, Patrick Vanasse. One of the recommendations we made when we did our analysis was that the pool is finite right now, and as Jean mentioned, that density was obtained through the Botanical Gardens because they weren't going to be using their residential density. There are other civic type of uses in the area, and one of the recommendations was to look at the possibility of maybe being able to use that density if those lands are going to remain in civic type of uses or parks or Page 15 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" recreational type of uses. Again, that would require a Comp. Plan amendment and close investigation, but there's an opportunity there for that. ACTING CHAIRWOMAN AHERN: Thank you. Any other questions on this section? No response.) ACTING CHAIRWOMAN AHERN: Chris, did you have anything else up to Page 30? MR. SCOTT: Page 28 and Page 30 I have the same comment. Actually, I have two comments. MS. ASHTON- CICKO: Can I also make a clarification too? Because as you get to these pages the rules are changing so that the -- yeah, as you get to this page. The development standards now are based on your product type, and that's where they come up with the form based as opposed to in C -3 it's so many feet for your setback. Now it's based on your product type our your form. I just want to make sure that was clear. MR. SCOTT: Yeah, that's a good clarification. The form -based provisions encompass both the building location on the lot based off of what the building looks like, so a house would have certain setback requirements, a commercial building would have another set of requirements. And then there's architectural standards that are in a later chapter. So yeah, the setbacks don't really change, they're consistent with the current code, but it is broken down by building type. Which leads me to on Page 28 I want to add a =- under -- on the table, the top line, minimum lot width feet, under commercial, it currently says 100 feet. I want to add a footnote. I'm going to make that one five because I have a four that got inadvertently left off. So make that a footnote five. And then underneath the footnote section I will note that properties with C -3 zoning shall have a minimum 75 -foot lot width. And the rationale is that is the existing lot width requirement for C -3. And the intent was not to increase the development standards from what currently exist. And then -- COMMISSIONER SCHIFFER: Question, Chris. Where are your footnotes currently existing? COMMISSIONER BROUGHAM: Bottom of Page 28. MR. SCOTT: The bottom of Page 28. COMMISSIONER SCHIFFER: Got it okay. MR. SCOTT: And then I also want to add a footnote four, at max building height feet add a footnote four. And just a note that that is zoning height. Because the county has both zoning height and actual height. That was a -- to change that would have been more than was intended with these amendments. COMMISSIONER EBERT: Chris, I have a question for you. MR. SCOTT: Yes. COMMISSIONER EBERT: And Heidi can maybe -- are you rewriting these LDC's as you're going along with this? I mean, watching something -- because this has already been brought up in front of us, right, and then it came to the BCC. This was -- okay. But it just seems like you're kind of changing -- it seems like you're rewriting a lot before we get this. This is -- is this questions from Brad, is that why? MR. SCOTT: This was based off of -- not exclusively, no. The packets had gone out and they're still being reviewed on some level by staff, the County Attorney, and then we had a meeting with Brad. So some of these changes are based off of those made. And I apologize that they're not included in your packet, but -- COMMISSIONER EBERT: Okay, that's what I was guessing, I was really trying to say. Thank you. COMMISSIONER SCHIFFER: And they're really not changing any of these setbacks anyway. Essentially the chart on the right is the old, the chart on the next is the new. Some people have a different orientation, but — you know, it always scares me when I see different commissioners have different orientation in their packets, because they hand them to you with your name and you just wonder if these are customized packets or -- they should be identical. But anyway. But -- and by the way, I found this to be very confusing going through this. Because it is these little boxes of code and boxes of that. In other words, there's no real straight through way to check what the existing code is. This is it's a little strange. But we discussed that also, but -- COMMISSIONER EBERT: See, so it was with Brad. COMMISSIONER SCHIFFER: Well, you can't fix strange. Because I'm around doesn't mean it's strange. Page 16 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" MR. SCOTT: If I could back up one second, I just realized the footnote five for the 75 -foot lot, minimum lot width for C -3 property, I inadvertently forgot to mention that on Page 26 it also needs to be added under commercial. COMMISSIONER SCHIFFER: One question looking at this. On 30, did you get rid of duplex as a category or -- there's no minimum width or -- MR. SCOTT: Hold on one second. Page 30? No, there is a footnote that says see section 4.02.16.A.7 regarding duplexes. COMMISSIONER SCHIFFER: Yes, I see that. But in other words, why wouldn't -- what does it says -- and here's the problem, it's difficult to go back in this as it Was presented to us and find that section. You have to go to the COMMISSIONER HOMIAK: Page 36. MR. SCOTT: Yeah, that has a typo too. Or not -- Page 28 has a typo, it should be A -7. The A's were lifted out of footnotes one and two. Duplexes, they have a larger minimum lot width requirement. But again, the house is just the building form, so it could be a duplex, one building with two units on a single - family lot designed to appear as a house. However, the current LDC requires a larger minimum lot width. COMMISSIONER SCHIFFER: And what would the duplex lot width be? MR. SCOTT: Duplex lot width is 80 feet and a minimum square footage of 1,000 square feet -- or minimum building area of 1,000 square feet per unit. COMMISSIONER SCHIFFER: The reason you wouldn't put them in this chart is why? As they were before. Or at least as they are in 4.02.18. MR. SCOTT: It could be done that way. COMMISSIONER SCHIFFER: Why would you chase us around? MR. SCOTT: Well, there are a number of exceptions to the dimensional standards that follow these tables. So we did put a notation that identifies that section. COMMISSIONER SCHIFFER: Okay. MR. VANASSE: The reason is that a duplex really falls under the form of a house. However, we couldn't cleanly have the same standards for all houses because a duplex had existing standards that were a little different than a single - family. So we wanted to kind of keep the organizational structure of using form -based methodology and using house and townhouse and et cetera, but duplex didn't fit in cleanly. So we could either add it to the table, modify the table, or the way we dealt with it was just having a footnote and then dealing with it with a different section of code. And really, like Chris explained, it's the 80 -foot lot width rather than the 50 -foot. And that's something that was discussed at the advisory board and with CRA staff. And the intent was not to reduce it to 50 and make it consistent throughout. They wanted to keep it as -is. COMMISSIONER SCHIFFER: And a two- family, what is the difference? MR. SCOTT: Well, again, two- family, the -- they could be two row house type developments where each is on an individual lot. So it could be similar to a townhome but two units as opposed to three. But each -- the difference would be duplex could be on a single lot, not have each owner -- two owners on two separate lots with an attached structure. Whereas a two-family unit could have separate owners and separate lots but a shared party wall. Does that answer your question? COMMISSIONER SCHIFFER: Well, I mean, that's a townhouse, which has different requirements. MR. SCOTT: But by definition in our code townhouse is three units or more. MR. VANASSE: Yeah, Collier County has always dealt with it in -- I think its an issue every time it comes up that's a little confusing to people, duplex versus two-family. And I go back every time and look at the definitions. But really, you're looking at the same -- a building that could look exactly the same and you're looking at one on one parcel versus the same building on two parcels. COMMISSIONER SCHIFFER: What page is 14.02.16.A.7 on so I can pretend -- MR. VANASSE: I believe it's 36. COMMISSIONER HOMIAK: Thirty-six. COMMISSIONER SCHIFFER: Page 36? MR. SCOTT: Yeah. Page 17 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" ACTING CHAIRWOMAN AHERN: Chris, did we get your change on Page 30? MR. SCOTT: I just add a footnote for zoned height was the only one. The same with Page 32, add zoned height. ACTING CHAIRWOMAN AHERN: Does anyone have any questions up to Page 30? COMMISSIONER SCHIFFER: Well, I'm back in on that last point. So what you're doing here -- and first of all, we discussed this yesterday, this is the only place in code where R -1 is the higher density. And then you — you know, normally R -1 is the sacred single - family house. And then -- and the numbering makes sense, because the numbers can actually start to make sense. This works opposite. MR. SCOTT: Correct. COMMISSIONER SCHIFFER: But what you're saying is in this high density area, the R -1, you're referring people to the development standards of R -4 for the development of the duplex and the two- family and -- MR. SCOTT: I'm sorry? COMMISSIONER SCHIFFER: Well, back in the way it was in 4.02.18, the old code, you could see all of the different single -- all of the different housing types, you know. They're not form -based but they're the housing types. Now you're taking some of them out of your form -based thing for R -1, which is the dense areas, and you're sending people from that into the R -4, which is the less dense area for regulation. I mean -- MR. SCOTT: I believe you're looking at the old regulations. If it's in a text box -- COMMISSIONER SCHIFFER: Well, the problem is is I'm liking the old regulations better than what we're doing here. That's my problem. Because there it shows everything, you can see it. Now here you take me down, you do footnote me, you led me to the place. And then when I get there, its the development standards for R-4, which is just seems awkward. COMMISSIONER HOMIAK: No, it's the exceptions, number seven, exceptions — COMMISSIONER SCHIFFER: Well, there's the exceptions to the development standards or R-4. COMMISSIONER HOMIAK: No, they're to all of them. MR. SCOTT: No, if you look -- COMMISSIONER SCHIFFER. Okay, wait a minute, this box is confusing me. MR. SCOTT: Let me -- COMMISSIONER SCHIFFER: Okay, the box above that seven, okay. All right. No, it's the format of this present -- I mean, you have a little box before that that's stating these are the R-4 standards, and it's -- I'm confused -- COMMISSIONER HOMIAK: No, it's the one after that that applies to that on the next page. MR. VANASSE: And again we understand that the boxes are a little difficult to handle. That's what we saw as the best way to try to present this to you. Obviously once the boxes will be cleaned out I think it reads a lot better. It's a lot easier to follow once those boxes are gone. COMMISSIONER SCHIFFER: So seven is an exception to all the different ones, not just R -4. MR. SCOTT: Correct. Let me -- if you -- at the very beginning of your book there is a table that shows proposed overlay outline adjacent to the existing overlay outline. So if you just focus on the proposed overlay outline you can kind of see, its difficult especially when you're looking at something page -by -page, small section by small section to see the greater image from, you know, a 30,000 -foot level.: But if you look, we are now in a Gateway Triangle mixed use overlay district, I believe. It should say Bayshore /Gateway Triangle overlay. But one is your purpose and intent -- excuse me, we're on 40.2.16.A, dimensional and design standards for the BMUD, okay. So one through six are each of your subdistricts. Seven is your exceptions. And then B is dimensional design standards for the GT, or Gateway Triangle mixed use subdistrict. One and two are your two subdistricts, three is your exemptions. COMMISSIONER SCHIFFER: So some day soon we'll see it all in the right format and life might make more sense. ACTING CHAIRWOMAN AHERN: Chris, can we leave that on the overhead and leave that up just so we don't have to flip back and forth if we have any -- MR. SCOTT: I don't know how the overhead works. COMMISSIONER KLEIN: I think Ray can help us with that. MR. SCOTT: I also want to note that as this goes forward we're happy -- and Heidi had asked for a -- I guess Page 18 of 27 April 25, 2012 "CCPCILDC Amendments Special Meeting" you can open it up. COMMISSIONER EBERT: Can you open it up? MR. SCOTT: Heidi had asked for a clean copy that didn't show the text boxes with the old code sections, just because it did add some confusion, especially if you're looking at numbers and all of a sudden there's an obscure number within a text box. COMMISSIONER SCHIFFER: You don't have to prove that to me, that's for sure. MR. SCOTT: But we are happy when this comes back to you, because I imagine at a minimum it's coming back on your consent agenda, if not for further discussion, that we will also provide a clean copy devoid of test boxes, for ease of -- hopefully easier use. I'm not going to say ease. I did have two things I just noticed. Twenty -eight and 30, there's an incorrect citation to 4.02.16. It should be D, building types and architectural standards. In some places for some reason it says C, which there must have been a change at some point that wasn't caught in every location. So in all circumstances that should reference 4.02.16.D, building types and architectural standards. ACTING CHAIRWOMAN AHERN: Okay, so through page I think 32, so let's continue on up to 40. MR. SCOTT: Thirty-two, the correct citation to D, building height -- or building types and also zoned height footnote. Unless there's any comments, I'll move on. No response.) MR. SCOTT: Thirty-four, the same two changes. Thirty-six the same two changes. MS. ASHTON- CICKO: I had a change on this one too. Under seven, line 16, after the word commercial, comma, where permitted, then another comma. MR. SCOTT: Do you want that after building types or after the word commercial? So it would be townhouse, apartment, mixed use and building types, comma, where permitted? MS. ASHTON- CICKO: Yeah, that's fine. Yeah, you're right. ACTING CHAIRWOMAN AHERN: Okay. So Chris, any other changes? MR. SCOTT: Page 38, I do have several changes. In addition to the zoned height footnote, I want to -- just to maybe make it a little more clear, I'm going to strike A and B, which A is on the bottom of 38, B is on the top of 39, from text format and incorporate them as footnotes five and six. Five, the footnote would be for the minimum front yard for mixed use. And then the footnote would say mixed use projects in the mini triangle shall have a maximum setback of 20 feet. And then add footnote six to maximum building height under mixed use by the number 56. And footnote six would read: Mixed use projects in the mini triangle area have a maximum building height of 112 feet. And those dimensions are authorized by the Growth Management Plan, if you're curious where they came from. ACTING CHAIRWOMAN AHERN: Chris, do we have this many changes throughout the whole document? I mean, if we continue at this point, I think we may want to just get a clean copy. COMMISSIONER EBERT: And continue, yeah. MR. SCOTT: That is -- it's up to you. Yeah, there are -- yeah, the -- if you would like me to skip over the ones that are correction of citations, I'm happy to do that. I was just wanting to read them into the record. Or I can just highlight any substantial changes. That's your discretion. Or we could incorporate them all and bring it back to you all if you prefer to handle it that way. ACTING CHAIRWOMAN AHERN: I'm just afraid with this many changes and we don't have — we're kind of writing as you speak, it's going to come back to us, we're going to have to review it again anyway. Heidi, what are your thoughts? MS. ASHTON- CICKO: It seems to be many of the changes that he's making are the same to each of them, so I guess if there's big changes, he could mention it and just get feedback from you as to whether there's anything, you know, that you're not happy with the concepts and wanted changed. ACTING CHAIRWOMAN AHERN: Does the Board have any -- COMMISSIONER EBERT: I would just rather have a clean copy, to be honest with you. Because you're Page 19 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" right, we all -- we keep writing all this down and it is a little confusing. MS. ASHTON-CICKO: Yeah, on this one also, they're going to be deleting the whole existing text and adding the new text. That was difficult -- I didn't grasp that when I was reviewing that. So everything is new. ACTING CHAIRWOMAN AHERN: Brad, what are your thoughts? COMMISSIONER SCHIFFER: First thought, that's the advantages of evening meetings. We tend to want to do it this way. But I don't think we're coming up with anything on the Board. So if you could just keep it to stuff, the really meat -- MR. SCOTT: Substantial. COMMISSIONER SCHIFFER: Yeah. MR. SCOTT: That's fine. And then if you all have things that you all feel are substantial, why don't we continue to go section by section. If you all have comments, and then if I have something substantial, I'll mention those. COMMISSIONER SCHIFFER: The Board doesn't seem to have a lot of comments. So just go quickly on the thing. I think that's it. There are some ones, we're getting stuff I think the Board should talk about. So I wouldn't want to leave right now. ACTING CHAIRWOMAN AHERN: Okay, so let's go up to Page 40. Anything other than footnotes? Any questions from the Board? No response.) ACTING CHAIRWOMAN AHERN: Okay. Let's take the next 10 pages, 41 to Page 50. COMMISSIONER SCHIFFER: Chris, I think one thing is on Page 47, when you refer to open space with the artist studio, that's not what you intend. MR. SCOTT: That's correct. We do have that as a change. So Page 47, 3.1), supplementary standards for an artist village, we will put a period. We'll remove everything after on the second line, residents of the artist village, period, and delete and shall be classified as common open space. The intent was not to be open space for a project as in your green area, those types of things. But common area within a building. But it isn't deemed to be needed. ACTING CHAIRWOMAN AHERN: Okay, any other questions or comments? MS. ASHTON- CICKO: I think Chris had a change though on Page 45 under one -- MR. SCOTT: Yeah, accessory, just for clarification purposes, Page 45 C.I.A. This is regarding accessory parking zones. At the very end of C. LA I'm going to add, for an adjacent nonresidential use. These parking zones are intended for adjacent nonresidential uses, so that's for clarification. I didn't know if that was major or minor. COMMISSIONER EBERT: It's major. It's large. Would you repeat that, please, Chris? MR. SCOTT: C.1.A, currently ends water retention and management areas for an adjacent nonresidential use would be the words added. MS. ASHTON- CICKO: We'll have to flesh out some language, because I have down here it's going to be an accessory use to an adjacent principal nonresidential use for the parking. So we'll get together and work that out. You'll see that realized next time. COMMISSIONER SCHIFFER: Forty-nine, question. ACTING CHAIRWOMAN AHERN: Go ahead. COMMISSIONER SCHIFFER: Chris, could we go back and on line 22 it states in there that the live /work units are conditional uses for these districts. MR. SCOTT: Yes, we would need to -- COMMISSIONER SCHIFFER: Can you go back and fix those, because I -- MR. SCOTT: We will be striking BMUD R -1 and BMUD R -2. And I believe Jean spoke to this previously, that based off the input that the CRA had and then their due diligence, they identified the R -3 in the BMUD and the GTMUDR as appropriate areas for live/work and residential districts. COMMISSIONER SCHIFFER: Sorry I pointed it out And then Heidi, remember last week at the meeting when I questioned adult- oriented businesses, you promised that we always used it, but here it looks like on line 32 they have more fun with it than -- but anyway, I just pointed that out. Remember the conversation we had at the one meeting where I didn't want to be confused by what adult business means. Page 20 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" MS. ASHTON- CICKO: Which page are you on? COMMISSIONER SCHIFFER: I'm on 49, line 32. COMMISSIONER HOMIAK: It's adult- oriented sales and rentals that we've been using. But this is their language, it doesn't -- COMMISSIONER SCHIFFER: I like theirs better. COMMISSIONER HOMIAK: Yes, I do too. COMMISSIONER SCHIFFER: Because its more clear. ACTING CHAIRWOMAN AHERN: Do you want to read that in the record? COMMISSIONER SCHIFFER: No, no, we're fine. MS. ASHTON- CICKO: There are a number of things that were listed under artist village, but -- and breakfast and community garden, which were more in the nature of what you would put for a restrictive covenant than you would put in your zoning code. So I guess it's a policy decision, but, you know, not allowing the dwellings to be leased for periods of less than 30 days and limiting guests to occupancy and talking about how the property has to be maintained and the hours of operation, and there are a whole number of them on here that I don't know that in the zoning code that you want to include it you know, if its county property under county ownership you can apply -- you can record a restrict covenant. Or sometimes certain uses we regulate through the PUD process. So I guess I would caution you in putting these kind of things into the Land Development Code. ACTING CHAIRWOMAN AHERN: All right, any other questions up to Page 50? COMMISSIONER SCHIFFER: Well, and then H, are we going to change H? MR. SCOTT: H, we want to revise the parking requirement for live /work. It currently states two parking spaces per 1,000 square feet of the nonresidential portion. That section will change to one parking space per 500 feet. The intent doesn't really change, but because the maximum size of a nonresidential area can go to 1,500 square feet, it just made more sense to make it divisible by 500 as opposed to 1,000. ACTING CHAIRWOMAN AHERN: Okay, let's go Page 51 through 60. Go ahead, Brad. COMMISSIONER SCHIFFER: Fifty -six. And.here's my concern. I'm trying to get rid of these drawings. For example, let's take the inappropriate one on the right up at the top. So that what they must be telling us is that if you build a big building, number one, the tall building was built first, you're not allowed to build the little buildings. That must be what that's telling me. So I'm kind of mocking these kind of charts on trying show what compatibility is. Take for example the lower ones, which are showing dotted lines saying, look, the roof height of this has to equal the roof height of that. But these are elevation drawings. That little guy in the center that's appropriate, he'll never sent his roof height with the head height of those windows. I mean, it's off further away. The three dimension of it, I mean, it's cute in a two dimension drawing, maybe, but it will never be anything in reality. And I think if the intent of this neighborhood is to keep growing, you would never want to totally limit its size by not being able to have the size of buildings expand. And again, saying it backwards, if you built a big one first, you would never be able to have any more buildings built unless they commit to big buildings. And that's not the intent of this. So I don't mind the concept of the words and the conversation, the drawings are just dangerous. It can be used against you in the opposite direction. MR. SCOTT: I believe we are okay striking the drawing. COMMISSIONER SCHIFFER: Well, the CRA is -- MR. VANASSE: We had the opportunity to discuss that with Brad and we agree, I think the intent was to try to depict this through illustration, maybe to make it easier for people to understand. But the danger in that is that people get tied to those pictures and then you start arguing the picture rather than the compatibility issue. So keeping the verbiage in there and striking the pictures, we think its a good idea. We'll do that. COMMISSIONER SCHIFFER: And on the other page, those are fine, these are just describing components that projects have. And that looks good. MR. SCOTT: The illustrations beginning on Page 58, its the ones illustrating the yards. I will note that we are going to remove the word minimum from the key or the legend on the bottom, because they're not drawn to scale, they don't reflect the actual minimum yard requirements, they just illustrate where the yards are. Page 21 of 27 April 25, 2012 `°CCPC/LDC Amendments Special Meeting" MR. VANASSE: And I think also on all these drawings where you're at a street corner where you have a primary and side street, you have two front yards. And we identified primary facade on just one of those two. So every exhibit is going to be changed to show two primary facades also for those corner lots. ACTING CHAIRWOMAN AHERN: Any questions up to Page 60? No response.) ACTING CHAIRWOMAN AHERN: Let's go 61 to Page 70. COMMISSIONER SCHIFFER: And we discussed the artwork change there that you guys are okay with. MR. SCOTT: Pm sorry? COMMISSIONER SCHIFFER: On Page 68, the artwork for -- MR. SCOTT: Yes. MR. VANASSE: For some of you, depending on your document, we realize that I guess, depending on the printer you have, it might be Page 68 or 69. Mine is on Page 69. We have an exhibit of two buildings, and we're talking about the roof line offsets? ACTING CHAIRWOMAN AHERN: Uh -huh. MR. VANASSE: So the request was to -- what we're trying to address here is the roof he itself, not the rest of the building, how the windows look and that type of thing. So the idea is to make both buildings consistent except for the roof line. So we'll redraw those. ACTING CHAIRWOMAN AHERN: Any other questions? COMMISSIONER SCHIFFER: You know, let me -- let's go back to that, because I'm looking at this and I may have been wrong on pushing that. Because it's also discussing facade variation. So the building drawing on the right really does show a flat facade also. It definitely shows the roof. So I'll tell you what, I think leave it the way it is. I don't think we're going to help it any. Changed my mind. So never mind on that one. ACTING CHAIRWOMAN AHERN: Okay. If there's no questions up to Page 70 -- COMMISSIONER EBERT: Brad, may I just put down okay per Brad? COMMISSIONER SCHIFFER: Just put down, yeah, Brad should never have picked on this drawing to begin with. ACTING CHAIRWOMAN AHERN: We're going to take a break. Let's meet back at 6:45. A recess was taken.) ACTING CHAIRWOMAN AHERN: Welcome back. We are moving on to Page 71 and going 71 to Page 80. Chris, we'll start with any changes you have. MR. SCOTT: There are two changes that can be considered more than just clean-up. On Page 79, it may be your Page 80. Let me see. Your Page 78, excuse me. Mine was printed off differently, and some of our page got page numbers deviated. I'm writing myself a note to subtract one from whatever I say. The bottom of Page 78, there's two provisions: I and then Roman numeral three, so little iii. Exterial building color on the next one, we are proposing to change the language in those. The way it currently reads is that it allows for a deviation process to be approved by the CRA advisory board. The CRA advisory board does not have that approval authority granted unto them. So the new language for iii that we are proposing, and Heidi please jump in if you have any comments. MS. ASHTON- CICKO: Well, it's going to indicate that line 11 or 12, I guess it's going to end with the applicant making a request for a deviation under the section which is the alternate architectural review process. And that they can apply for it after getting a favorable recommendation from the CRA. But its not going to be approved by the CRA, it's going to be something that is a staff approval, if staff can do it, which I'm still looking into. MR. SCOTT: Yeah, I have proposed language for -- but it hasn't been reviewed by the County Attorney's office yet. But basically these deviation requests shall be subject to the process and procedures of section 5.05.08.F, which is an existing section of the code that pertains to architectural deviations, following the review and approval of the Bayshore/Gateway Triangle CRA advisory board. ACTING CHAIRWOMAN AHERN: The next change? MR. SCOTT: The next change is similar, and it's under awning, J, little i, the last sentence being revised to the similar language: Request shall be subject to the process and procedures of section 5.05.08.F, following review Page 22 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" and approval of the Bayshore/Gateway Triangle CRA advisory board. ACTING CHAIRWOMAN AHERN: Any questions from the Board on Pages 71 through 80? No response.) ACTING CHAIRWOMAN AHERN: Okay. Page 81 to 90? Chris. MR. SCOTT: Most of it is clean-up language. There's -- we're removing some references, acceptable to the County Attorney, based off of the recommendation of the County Attorney to remove that language. So there's nothing overly substantive that I have within that section. ACTING CHAIRWOMAN AHERN: Okay, any questions from the Board? No response.) ACTING CHAIRWOMAN AHERN: Okay, let's take Pages 91 through -- let's just go through the remainder of the document. MR. SCOTT: Again, I -- there are references in regards -- this begins on Page 89 through 91. In several instances it's pertaining to being allowed to place something on or near the right -of -way. And it mention an agreement with the county. We're replacing those references to clearly state requires a right -of -way agreement -- or a right -of -way permit, excuse me. And that's in several locations. But it's more clean -up language. The only substantive area would be on Page 92, H, murals. It's not necessarily substantive as -- the way it currently reads it says mural signs as defined in Section 5.06.00 that do not contain commercial content, and it goes on, may be permitted without a sign permit. That introductory statement is inconsistent with the definition of mural signs that is in the LDC. So what the intent is by the CRA is to allow murals that are more of a public art type concept and not an advertisement for the business. So this section would -- is recommended to be changed to murals that do not contain commercial content or allowed within the subdistrict, subject to the following conditions. And then those conditions, the numbering of those would also be corrected. It should be traditional one through eight as opposed to Roman. MS. ASHTON- CICKO: That whole section is going to have to be reworked and, you know, working with our office, okay, because that whole section has a problem. ACTING CHAIRWOMAN AHERN: Okay, we'll leave that as a rewrite that will come back to us. MR. SCOTT: I will note that the -- there is a similar provision currently in the LDC for the Immokalee area that treats murals not as signage, and it also acknowledges that they are exempt from the architectural exterial color provisions and can be reviewed and approved by their CRA redevelopment agency. So this is an attempt to be somewhat consistent with that language. So it wouldn't be classified as a signage. ACTING CHAIRWOMAN AHERN: Okay. Did you have any other changes? MR. SCOTT: No, those are the only substantial once. The others are correcting citations and numbers. ACTING CHAIRWOMAN AHERN: Okay, any questions? COMMISSIONER SCHIFFER: I have a question. And Heidi, its kind of for you. Look at Page 97. And what it is, they're referring to using the architectural standards deviation process -- ACTING CHAIRWOMAN AHERN: Where are you at? COMMISSIONER SCHIFFER: -- for administrative review. Down on Page 19 and 20, down on the bottom. Front setback is an example of one case of what I'm talking about. MS. ASHTON-CICKO: You're on 97? COMMISSIONER SCHIFFER: Yeah. MS. ASHTON- CICKO: Yeah, that was a section that I had issues with. The administrative approval part, the first part of it rm going to jump -- not answer your question directly initially, because that's what I had mentioned earlier in the meeting, that it would allow them to do an administrative approval of uses. All they'd have to do is go look at the chart and see staff -- is what I'm referring to, staff would go look at the chart and see if the use fell within the overlay, and if it did they could administratively approve it. That's not the procedure now, that's how it would be after this. Then you have a whole series of administrative deviations. And the only one that I'm really comfortable with is the one that deals with architectural and site design, which is item B. The administrative delegation on the setback, which is item A, the landscaping, which is item C, and item D, I don't think has sufficient criteria for staff to look at. Page 23 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" If you were to approve something like this, A, C or D, essentially you'd be removing anything esthetic in the development, and you'd just be, you know, left with the building code that deals with the safety issues. So I'm not comfortable. That's under — I think I'm answering your question, under MUP deviations, item B.2, A, C and D. COMMISSIONER SCHIFFER: Right. It does show up. Actually, my question was is when they do reference the deviation in the architectural standards, they only reference F -1 through three, when there's actually five categories in there. The other two are essentially appeals of their administrative review. So when you look at that, would you look at why it wouldn't be a good idea to include four and five? In other words, don't stop at three? MS. ASHTON- CICKO: Okay. COMMISSIONER SCHIFFER: Obviously you have some bigger issues than that but -- MR. VANASSE: We've got an answer for that. And Chris can give you the details as to why its one through three, not four and five also. MR. SCOTT: As you correctly point out it currently -- MR. VANASSE: Maybe reference the section so everybody can follow. MR SCOTT: Yeah, these are -- beginning on Page 97,1 subtracted one, B deals with MUP deviations. And I will point out these are all existing provisions within the LDC and the current — the Bayshore /Gateway Triangle overlays. So these deviations are -- already exist. You can see how some of the wordsmithing has been changed, just to attempt to make it read a little smoother. In regards to Brad's comment, which the same section is cited in several places, beginning on Page 97. It says procedures of Section 5.05.08F one through three, deviations and alternative compliance. Section F, the entire section that goes one through five is the deviations and alternative compliance section. One through three specified the process. Section four identifies some of the things that qualify for deviations. This section incorporates what qualifies for deviations. And section five pertains to the appeal process. And the way this section -- if you scroll to the very last page, which should be your 101 -- excuse me, I'm sorry, I went too far. On your Page 99 there is a four, effective denial, and this incorporates its own appeal process in there which follows the county's standard based in the Code of Laws and Ordinances. So that's why four and five were not included, because what qualifies for a deviation are already built into this section and the appeal process is also built in. COMMISSIONER SCHIFFER: But maybe the one in five is better than, you know, the effective denial. Because it keeps it simpler. I mean, you could always appeal that with five. MR. VANASSE: And I think we could keep one through five and we would have some redundancy, but I think its consistent. COMMISSIONER SCHIFFER: When you say it's in the old code, it is in the old code, the full F. It didn't limit the one through five in the old code -- MR. SCOTT: Well, note the appeal,process that is in this is also included and not -- although there was a conflict, this had its own appeal process, ana it also referenced the deviation can be approved through F. But F also includes its own appeal process. So it was broken out to make this more consistent within itself as opposed to what currently exists. COMMISSIONER SCHIFFER: So what you're saying is that built in here is an appeal process similar to F? MR. VANASSE: Exactly. COMMISSIONER SCHIFFER: Where is that then? MR. VANASSE: On your Page 99, four, effective denial. COMMISSIONER SCHIFFER: No, that's how to -- I mean, that's not the appeals process similar to the one in the architectural standards. MR. SCOTT: Well, the architectural standard has a process where staff can consult with an architectural arbitration board. COMMISSIONER SCHIFFER: They don't consult with them -- well, they can consult with them or somebody could appeal to that board if they don't like the staff's decision. MR. SCOTT: And then ultimately it could be appealed to the BCC in addition to that board. COMMISSIONER SCHIFFER: Yeah, I guess. But the -- and the intent was it's a simple way to work out these matters of design and stuff like that. Page 24 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" But anyway, Heidi, check that out and see. Maybe there's a good reason to keep four out if it has conflicting information. But not five. Because it is good to keep the citizens involved. MR. VANASSE: Just for a matter of clarification, Heidi touched upon the MUP administrative approval process. I believe that will be on Page 95 in your copy, line 10, one, administrative approval. You can just give me a nod when you're ready. You've got it? I just want to clarify that the administrative approval process has some criteria here. And what we're saying is essentially there is no discretion when it comes to staff approving uses. It's either going to be underlying zoning district uses or supplemental uses within this overlay. You can't add anything else. So you can't add a use that's not already envisioned and vetted. We're vetting this right now. So if you say those are valid uses, you're essentially creating zoning where you're addressing those uses. So it would be -- this overlay would be just like any other zoning district, it would give you uses by right. And when it comes to -- so what we've got outlined here is that they have to meet the site development standards, they can't deviate from those. That they have to only ask for uses that are within here or their underlying district. And they can't be asking for density bonus. If you meet that criteria, it can be done administratively. If you're changing any of those things, you have to go through the MUP process, which includes a public hearing process. COMMISSIONER SCHIFFER: Right, but won't most of the mixed use stuff not be able to go that way because they're going to want residential density, and the neighborhood commercial is mostly on commercial zoning? MR. SCOTT: Yes, it is predominantly. COMMISSIONER SCHIFFER: So you're going to have the public hearing that thing. MR. VANASSE: And the idea was that some projects that have -- or at least discussions with some potential developers was that they wanted to do a smaller project and they were looking for a way that they didn't have to spend big dollars going through the hearing process. And they felt they were consistent with the code. So this provides an opportunity to have a less costly, more -- you know, less time- consuming process. Many projects won't be able to use that process. COMMISSIONER SCHIFFER: I'm good. ACTING CHAIRWOMAN AHERN: So Heidi, this whole section you're referring to, you're going to be reviewing and making changes as necessary, and it will come back to us? MS. ASHTON- CICKO: Yes. COMMISSIONER SCHIFFER: So I move to continue. ACTING CHAIRWOMAN AHERN: Thank you. COMMISSIONER SCHIFFER: Move to continue. ACTING CHAIRWOMAN AHERN: So we have a motion. MS. ASHTON- CICKO: Yes, since actually, if I could, since these are the LDC cycle hearings, we need to continue it to a date certain so that we don't have to readvertise. So we'll be continuing it to the May 3rd regular meeting. ACTING CHAIRWOMAN AHERN: Okay. COMMISSIONER EBERT: Ooh, that's next Thursday? MS. CILEK: The packets are already distributed. COMMISSIONER SCHIFFER: Yeah, the packets are here, Heidi, you can't -- MS. ASHTON- CICKO: I know, but we're continuing the LDC cycle. You have items listed on the May 3rd agenda that are part of the cycle, okay, so we'll continue it to May 3rd. And then after that we'll be continuing it to May 17th, okay, so that we don't have to readvertise -- COMMISSIONER SCHIFFER: Heidi, on this issue we're just going to not resolve it today, we're going to continue it. And then before we end the meeting, we can continue that. MS. ASHTON-CICKO: Correct. So the LDC cycle is being continued to May 3rd. And then that cycle will be again continued to May 17th. And this one will be scheduled for May 17th. ACTING CHAIRWOMAN AHERN: So we have a motion from Brad to continue — COMMISSIONER SCHIFFER: Continue this item. MR. VANASSE: As a point of clarification, by having this continued, when we come back to you, are we just looking at the items where we've suggested that either the County Attorney or the Planning Commission has Page 25 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" suggested changes or is the whole thing open to discussion again? COMMISSIONER SCHIFFER: Here's what I think. I think, and Caroline said she's going to do it, is that you give us a draft of this thing without all the boxes and stuff. Clean draft. And anything you change from this meeting, and you can include the scriveners stuff you were playing with, highlight that somehow. You know, it's not a strike through and underline, its just if you got smarter since the time we get it highlight it and we'll work with just that draft, I think will be the best. MS. ASHTON- CICKO: Yeah, so next time you'll get a copy of only the new proposed text and any changes from the text that you saw, and the new part in your package today will be highlighted in yellow. ACTING CHAIRWOMAN AHERN: Correct. MR. VANASSE: I think that's good to have on the record so people understand if other parties come in, and I've got one copy, there's another copy. So it's on the record as to why that's going to happen. MS. ASHTON-CICKO: And the entire LDC amendment is open to discussion until there's a vote of approval. COMMISSIONER EBERT: I'll second that, Brad. COMMISSIONER SCHIFFER: Thank you. ACTING CHAIRWOMAN AHERN: All those in favor, say aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. ACTING CHAIRWOMAN AHERN: Aye. Okay, motion approved 6 -0. COMMISSIONER SCHIFFER: Then I move we continue the LDC hearings to May 3rd. COMMISSIONER BROUGHAM: Second. COMMISSIONER EBERT: That's, I thought, what I seconded. ACTING CHAIRWOMAN AHERN: All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. ACTING CHAIRWOMAN AHERN: Aye. Motion approved 6 -0. Chris, thank you. MR. SCOTT: Thank you. ACTING CHAIRWOMAN AHERN: Okay, Ray, do we have any public comments and any speakers? MR. BELLOWS: No one has registered. ACTING CHAIRWOMAN AHERN: Can I have a motion to adjourn? COMMISSIONER EBERT: I'll second. COMMISSIONER HOMIAK: We can't adjourn, I guess. COMMISSIONER SCHIFFER: We're not adjourning. ACTING CHAIRWOMAN AHERN: We'll continue. Page 26 of 27 April 25, 2012 "CCPC/LDC Amendments Special Meeting" There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:05 p.m. COLLIER COUNTY PLANNING COMMISSION MIrL[ S G. A HEM eti Chairman ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on b 0 1 as presented /or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 27 of 27 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared by Collier County Planning and Zoning Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 12 (XII)(XXX)(XLIV) Policy 2.6: The County has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in the Capital Improvement Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and its supporting Policies 6.1 through 6.7 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA – This area is bounded by the Collier ‒ Lee County Line on the north side; the west side of the I-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR-5). 2. East Central TCMA – This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (See Map TR-6). (XV)(XLIV) Policy 2.7: Traffic impacts generated by new development are regulated through the implementation of a ‘checkbook’ transportation concurrency management system, which incorporates two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). New developments within the TCMAs and the TCEA that commit to certain identified traffic management strategies shall reduce (the TCMAs) the traffic impact mitigation measures that would otherwise be applied to such developments. (XLIV) OBJECTIVE 3: Ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner through Land Development Regulations adopted to implement this Growth Management Plan. (XLIV) Policy 3.1: Land Development Regulations shall be adopted, as necessary, to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes. (XV)(XLIV) Policy 3.2: Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process. These include the following provisions: (XV) a. The LDC contains procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 13 (VII)(IX)(XV) b. The LDC contains provisions that protect environmentally sensitive lands and provide for the retention of open space. This has been accomplished: through the implementation of various zoning districts and zoning overlays that restrict higher intensity land uses in the Rural Fringe Mixed Use District and, which require specific land development standards for the remaining allowable land uses; through the adoption of permanent Natural Resource Protection Area (NRPA) Overlays; integration of State of Florida Big Cypress Area of Critical State Concern regulations into the LDC, and, in part, through implementation of the Rural Lands Stewardship Overlay. This has also been accomplished through the implementation of regulations such as minimum open space requirements, native vegetation preservation requirements, and/or through the creation of incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County’s Agricultural/Rural Designated Area. (XV) c. Drainage and stormwater management practices shall be governed by the South Florida Water Management District Surface Water Management regulations. (I) d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. (XV) e. Signage regulations in the LDC include frontage requirements for signs, require shared signs for smaller properties, contain definitions, and include an amortization schedule for non-conforming signs. (XV) f. The safe and convenient flow of on-site traffic, as well as the design of vehicle parking areas, are addressed through the site design standards and site development plan requirements of the LDC, which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, and landscaping and buffering criteria. (XV) g. The LDC ensures the availability of suitable land for utility facilities, and other essential services necessary to support proposed development, by providing for the location of public facilities and other essential services in the Public Use Zoning District, and in other zoning districts via the Essential Services regulations. (XV) h. The LDC provides for the protection of historically significant properties through regulations that: provide for an Historic/Archaeological Preservation Board; provide f or the identification of mapped areas of historic/archaeological probability; require completion of a survey and assessment of discovered sites; and, provide a process for designation of sites, structures, buildings and properties as historically and/or archaeologically significant. (XV)(XXX) i. The mitigation of incompatible land uses within the area designated as the Airport Noise Area Overlay on the Future Land Use Map shall be accomplished through: implementation of regulations that require sound-proofing for all new residential structures built within the 65 LDN Contour; recording of the legal description of the noise contour boundary in the property records of the County; and, the inter-local agreement with the Naples Airport Authority that requires the County to notify the Authority of all development proposals located within 20,000 feet of the airport that exceed height standards established by the Federal Aviation Administration. Additionally, to address compatibility with the Naples Municipal Airport, Marco Island Executive Airport, Everglades Airpark and Immokalee Regional Airport, the County will implement the following provisions in the Collier County Land Development Code, Ordinance No. 04- 41, as amended: Section 2.03.07C., Airport Overlay (APO); Section 4.02.06, Standards for Development in Airport Zones; and, Appendix D, Airport Zoning. (XXX) = Plan Amendment by Ordinance No. 2013-14 on January 8, 2013 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 14 (XI)(XV)(XLIV) j. Collier County shall not issue development orders that are inconsistent with the provisions of this Growth Management Plan. Some projects and properties may be inconsistent with densities and land use intensities established in the Future Land Use Designation Description Section of this Element, but these projects and properties have been found to be consistent with this Element via consistency with one or more of Policies 5.11 through 5.15. (XV)(XLIV) Policy 3.3: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 04-41, as amended). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff into a single organizational unit and through streamlining of the review process. (XLIV) OBJECTIVE 4: Continually refine the Future Land Use Element through detailed planning in order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design. (XLIV) Policy 4.1: Planning studies may address specific geographic or issue areas. (XV)(XLIV) Policy 4.2: A detailed Master Plan for the Golden Gate Area has been developed and was incorporated into this Growth Management Plan in February 1991. Subsequent major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report, and in 2002 and 2004 principally based upon recommendations of the Golden Gate Area Master Plan Restudy Committee. The Golden Gate Area Master Plan encompasses Golden Gate Estates subdivision, Golden Gate City, and the Rural Settlement Area formerly known as North Golden Gate. The Master Plan addresses natural resources, future land use, preservation of the Estates’ rural character, transportation improvements, other public facilities, and the provision of emergency services. (XV)(XLIV) Policy 4.3: A detailed Master Plan for the Immokalee Urban designated area has been developed and was incorporated into this Growth Management Plan in February, 1991. Major revisions were adopted in 1997 following the 1996 Evaluation and Appraisal Report. The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development. (XV)(XLIV) Policy 4.4: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Marco Island Master Plan addressed population, public facilities, future land use, urban design, land development regulations, and other considerations. However all lands that were encompassed by the Master Plan are now within the City of Marco Island and are subject to its comprehensive plan and land development regulations. Accordingly, the Marco Island Master Plan has been deleted from the Collier County Growth Management Plan. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 15 (XV)(XLIV) Policy 4.5: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. These Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for Goodlette-Frank Road south of Pine Ridge Road, and for Golden Gate Parkway from US 41 to Santa Barbara Boulevard. The Corridor Management (zoning) Overlay has been adopted into the Land Development Code; it imposes additional development standards and limitations upon properties located along these two road segments. Future Corridor Management Plans may be prepared jointly with the City of Naples as directed by the Board of County Commissioners. The objectives for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport-Pulling Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport-Pulling Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. (XV)(XXX)(XLIV) Policy 4.6: An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. The detailed inventory of industrial land uses will be periodically updated. (XI)(XV)(XXXVII)(XLIV) Policy 4.7: Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution No. 01-247, adopted June 26, 2001). c. Access points and turning movements shall be located and designed to minimize interference with the operation of existing and planned interchanges and intersections. d. Developers of lots, parcels, and subdivisions shall be encouraged to dedicate cross- access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure compliance with the above-mentioned standards (a. – c.) (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 16 (XV)(XXX)(XLIV) Policy 4.8: The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport- Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between US 41 North and Goodlette-Frank Road; (XXXVII) b. US 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. (XI)(XV)(XLIV) Policy 4.9: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida’s Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated for all public facilities using BEBR’s medium range growth rate. Population definitions are provided in Policy 1.2 of the Capital Improvement Element. (I)(XV)(XLIV) Policy 4.10: Pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999, a Rural and Agricultural Area Assessment was prepared between 1999 and 2002. Based upon the findings and results of the Assessment, amendments to this comprehensive plan were adopted in 2002, including establishment of the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. (I)(XV)(XLIV) Policy 4.11: Public participation and input was a primary feature and goal of the Rural and Agricultural Assessment. Representatives of state and regional agencies participated in, and assisted in, the Assessment. During the three-year Assessment and subsequent comprehensive plan amendment process, community input was provided through workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Council and the Collier County Planning Commission. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 17 OBJECTIVE 5: (VII)(XLIV) Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. (XLIV) Policy 5.1: Land use policies supporting Objective 5 shall be implemented upon the adoption of the Growth Management Plan. (XLIV) Policy 5.2: Land use policies supporting Objective 5 shall continue to be implemented upon the adoption of amendments to the Growth Management Plan. (XII)(XV)(XLIV) Policy 5.3: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: (XXXII) a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. (XXXII) c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. (XXV) d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 18 (XV)(XLIV) Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. (VII)(IX)(XXX)(XLIV) Policy 5.5: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County’s Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. (XV)(XLIV) Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (VII)(IX)(XV)(XLIV) Policy 5.7: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. (VII)(IX)(XLIV) Policy 5.8: Permit the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. (XLIV) Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. (XV)(XLIV) Policy 5.10: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Home, shall be allowed within the Urban designated area, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 19 (XI)(XV)(XLIV) Policy 5.11 : Former Policy 3.1.k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90-23. Where such properties were determined, through implementation of that Ordinance, to be “improved property”, as defined in that Ordinance, the zoning on said properties shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. (XI)(XV)(XLIV) Policy 5.12: The zoning on property for which an exemption has been granted based on vested rights, dedication, or compatibility determination, and the zoning on property for which a compatibility exception has been granted, both as provided for in the Zoning Re-evaluation Program established pursuant to former Policy 3.1K and implemented through the Zoning Reevaluation Ordinance No. 90-23, and as identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. Such property shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this Policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Additionally, the Copeland, Plantation Island and Chokoloskee Urban areas were exempted from the Zoning Re-evaluation Ordinance. Existing zoning on properties within these communities shall also be considered consistent with the Future Land Use Element. (XV)(XLIV) Policy 5.13: Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. (XV)(XLIV) Policy 5.14: The zoning on properties rezoned under the former Industrial Under Criteria provision, or pursuant to the former provision contained in the Urban-Industrial District that allowed expansion of industrial uses abutting lands designated or zoned Industrial, both as adopted in Ordinance 89- 05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. (I)(XV)(XLIV) Policy 5.15: The properties identified in Ordinance Numbers 98-82, 98-91, 98-94, 99-02, 99-11, 99-19, 99-33, and, 2000-20, were previously located in Activity Centers No. 1, 2, 6, 8, 11 and 18, and were rezoned pursuant to those previous Activity Center boundaries. Ordinance No. 2000-27, adopted May 9, 2000, modified those Activity Center boundaries to exclude those properties. The zoning on those properties shall be deemed consistent with the Future Land Use Element. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 20 (XII)(XLIV) Policy 5.16: Public educational plants and ancillary plants: (XVIII) a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on-site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and su bject to the implementing land development regulations. (XVIII) b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. (XVIII) c. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 21 (XVIII) d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or IAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (I) zoning districts. (XVIII) (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF-1 through RSF- 6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (XVIII) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 22 (2) Ancillary plants are permitted by right in the General Commercial (C-4), Heavy Commercial (C-5), and Industrial (I) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. (XII)(XXX)(XLIV) OBJECTIVE 6: Designate Transportation Concurrency Management Areas (TCMAs) as geographically compact areas where intensive development exists, or such development is planned. (XLIV) Policy 6.1: New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. (XLIV) Policy 6.2: Transportation Concurrency Management Areas have been established and shall be supported in the specific geographic areas described in Policy 2.6 of this Element. (XII)(XLIV) Policy 6.3: Collier County’s designated Transportation Concurrency Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies, of this Element. (XLIV) Policy 6.4: In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County’s designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Managemen t (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 23 h) Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). (XII)(XV)(XXX)(XLIV) Policy 6.5: In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County’s designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. d) Providing vehicular access to abutting commercial properties. (XII)(XLIV) Policy 6.6: All rezoning within the Transportation Concurrency Management Areas (TCMAs) is encouraged to be in the form of a Planned Unit Development (PUD). Any development contained in a TCMA, whether submitted as a PUD or non-PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1.1 of the Conservation and Coastal Management Element. (XII)(XLIV) Policy 6.7: All new development, infill development or redevelopment within a Transportation Concurrency Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conser vation and Coastal Management Element. (XIII)(XXX)(XLIV) OBJECTIVE 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 24 Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (XXX) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (XV)(XLIV) Policy 7.5: The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This Policy shall be implemented through provisions in specific Subdistricts in this Growth Management Plan. Policy 7.6: The County shall explore the creation of an urban “greenway” network along existing major canal banks and powerline easements. (XXX) Policy 7.7: The Growth Management Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 47 2. Residential development shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi-family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre. 4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited; however, accessory fuel pumps in association with a grocery store (SIC 5411) or membership warehouse type facility (5311, 5331) greater than 15,000 square feet of GFA are allowed. 5. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse, and tennis courts. c. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2. The subject site will be developed with a common architectural and landscaping theme, to be submitted with the first Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect internal connectivity through shared parking and cross-access agreements. 4. Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 5. At the time of Site Development Plan approval, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1(13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. (XLVII) 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan (approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a “Mixed Center/Corridor Development Concept”. The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use “Catalyst Project” (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 48 development of a Catalyst Project and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibility in applicable Site Design and Development Standards, the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 377 multi-family residential units may be permitted. b. A maximum of 228 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) may be permitted. c. A maximum of 200,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. Movie Theatre (multiplex), bowling center, physical fitness facilities, yoga studio, bicycle rental and museums and art galleries; 4. Personal services; 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage, not to exceed 60,000 square feet (SIC Code 4225); 7. New or Used Car Dealerships, not to exceed 30,000 square feet in total (SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e. The MPUD shall establish a maximum trip capacity (“Trip Cap”) for the Mini Triangle MPUD based upon “Net New Trips. The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass- by trips and internal capture. f. In order to ensure a mixed use development, the MPUD shall establish the minimum required number of multi-family residential units, the minimum required square footage of a combination of the commercial uses 1. through 4. in paragraph c, above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access, sewer and water lines and facilities, stormwater facilities, surface parking, landscaping, signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16 ‒ Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height, which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 140 (IV)(IX)(XXV)(XXXII)(XLVII) F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: (XLVII) 1. Mixed-Use Development: A m ix of residential and commercial uses is permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses, except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings or in parking structures that may be below, at, or above grade, with the buildings oriented closer to the major roadway to promote traditional urban development. (XLVII) 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below, or as may be limited by a zoning overlay, or as otherwise provided within the Mini Triangle Subdistrict. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. (XV)(XXXII)(XXXVII)(XLIV)(XLVII) 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of twelve (12) residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units – 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in paragraph no. 8, below, except for mixed use projects developed within the “mini triangle” catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The “mini triangle” catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 141 overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. (XV)(XXXII)(XLIV)(XLVII) 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport- Pulling Road (west side only) or US 41 East, may be allowed to redevelop as a residential- only project at a maximum density of eight (8) residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units – 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. (XV)(XXXII) 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. (XV) 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. (XV)(XXXII)(XLIV)(XLVII) 8. To qualify for twelve (12) dwelling units per acre, as provided for in paragraph no. 4 above, or as otherwise permitted within the Mini Triangle Subdistrict, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, or in the case of the Mini Triangle Subdistrict, mixed use projects may utilize the design standards set forth in the Mini Triangle Subdistrict and its implementing MPUD zoning. (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 Future Land Use Element as of Ordinance No. 2018-23 adopted May 8, 2018 142 (XXXII)(XLIV) 9. For density bonuses provided for in paragraphs nos. 4 and 5 above, base density shall be per the underlying zoning district. The maximum density of twelve (12) or eight (8) units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. (XV)(XXXII)(XLVII) 10. Only the affordable-workforce housing density bonus, as provided in the Density Rating System, and the density provided for within the Mini Triangle Subdistrict are allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System, except as provided for within the Mini Triangle Subdistrict. (XV)(XXXII)(XLIV)(XLVII) 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within the “mini triangle” are not required to utilize this density bonus pool. (XV)(XXXII) 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. (VIII) G. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flowway and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. (XLVII) = Plan Amendment by Ordinance No. 2018-23 on May 8, 2018 ORDINANCE NO. 2018- 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE MINI-TRIANGLE MIXED USE SUBDISTRICT TO ALLOW CONSTRUCTION OF UP 377 MULTI- FAMILY DWELLING UNITS, 228 HOTEL SUITES, 150 ASSISTED LIVING UNITS, AND 200,000 SQUARE FEET OF COMMERCIAL USES INCLUSIVE OF 60,000 SQUARE FEET OF SELF-STORAGE AND 30,000 SQUARE FEET OF CAR DEALERSHIP. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20160003084] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Real Estate Partners International, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Mini-Triangle Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and 16-CMP-00975/1405905/1]205 1 of 3 PL20160003084/CPSS-2016-3-Mini-Triangle SSGMPA 4/10/18 Words underlined are added,words struck-theugh have been deleted. WHEREAS, the Collier County Planning Commission (CCPC) on February 15, 2018, March 1, 2018, and April 5, 2018 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on May 8, 2018; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. 16-CMP-00975/1405905/11205 2 of 3 PL20160003084/CPSS-2016-3—Mini-Triangle SSGMPA 4/10/18 Words underlined are added,words struck through have been deleted. CAO PASSED AND. JJLY ADOPTED by the Board of County Commissioners of Collier County, Florida this gg``II''` day of I"Y .( 2018. ATTEST: BOARD OF CO TY COMMISSIONERS DWIGIJT'P~ BROCK, CLERK COLLIER C. FLORI C WA 0 Cr •,..9BY:A @ ` erk ANDY SOLIS, Chairman Attest as t9 . r signatute ply. Approved as to form and legality: L jt J i Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment & Map Amendment This ordinance filed with the rit,etary of tote's Cif ice yhe ivl day of and acknowledt14f that filin Q r eceived tF bJ day of V l1Gtt // tait40,ay 16-CMP-00975/1405905/1]205 3 of 3 PL20160003084/CPSS-2016-3—Mini-Triangle SSGMPA 4/10/18 Words underlined are added,words struck through have been deleted. y 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan (approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a"Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibility in applicable Site Design and Development Standards, the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 377 multi-family residential units may be permitted. b. A maximum of 228 hotel suites/rooms(or other transient lodging uses including but not limited to interval ownership or vacation rental suites) may be permitted. c. A maximum of 200,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. Movie Theatre (multiplex), bowling center, physical fitness facilities, yoga studio, bicycle rental and museums and art galleries; 4. Personal services; 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage, not to exceed 60,000 square feet (SIC Code 4225); 7. New or Used Car Dealerships, not to exceed 30,000 square feet in total (SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e. The MPUD shall establish a maximum trip capacity("Trip Cap")for the Mini Triangle MPUD based upon"Net New Trips. The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass- by trips and internal capture. f. In order to ensure a mixed use development, the MPUD shall establish the minimum required number of multi-family residential units, the minimum required square footage of a 1 C:\Users\ashton_h\AppData\[,ocal\Microsoft\Windows\INetCache\Content.0utlook\D02JC06L\Ex.A GMPA 3-26-18_t0 BCC_FINAL.docx CAO combination of the commercial uses 1. through 4. in paragraph c, above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date,timeframe,or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access, sewer and water lines and facilities, stormwater facilities, surface parking, landscaping, signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable,except in the case of building height,which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. TEXT BREAK *** *** *** ***, *** B. Density Rating System 1. The Density Rating System is applied in the following manner: TEXT BREAK *** *** *** *** *** e.All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested"Port of the Islands development. 3) The Buckley Mixed Use Subdistrict 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Mini Triangle Mixed Use Subdistrict. 9)The Bayshore/Gateway Triangle Redevelopment Overlay. TEXT BREAK *** *** *** *** *** 2 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y111JZG5\Ex.A GMPA 3-26-18_AO BCC_FINAL.docx CAO F. Bayshore/Gateway Triangle Redevelopment Overlay. The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13,2000.The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property,or joint ventures between property owners,while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: A Mmix of residential and commercial uses are-is permitted. For such development,commercial uses are limited to C-1 through C-3 zoning district uses,except as otherwise provided for in the Mini Triangle Subdistrict;hotel/motel use;theatrical producers except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings or in parking structures that may be below, at, or above grade, with the buildings oriented closer to the major roadways to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below,or and except as may be limited by a zoning overlay,or as provided within the Mini Triangle Subdistrict. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard(SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of 12 residential units per acre, via use of the density bonus pool identified in paragraph 11; except that no project may utilize more than 97 units—25%of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards 3 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y11UZG5\Ex.A GMPA 3-26-18 to BCC_FINAL.docx identified in paragraph no. 8,below,except for mixed use projects developed within the"mini triangle"catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre,with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63)_ For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport- Pulling Road(west side only)or US 41 East,may be allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11. except that no project may utilize more than 97 units—25% of the 388 total density pool units available.The 97 unit cap will terminate when the BCC adopts,by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project.-In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. For projects that do not comply with the requirefnents for this density increase,their density is limited to that allowed by the Density Rating System and applicable FLUE Policies.Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. 6. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code,whichever is applicable, shall apply to all new development within the Activity Center. 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses,densities and development standards. 8. To qualify for 12 dwelling units per acre as provided for in paragraph no. 4 above, or as otherwise permitted within Mini Triangle Subdistrict, mixed use projects within the 4 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y11IJZG5\Ex.A GMPA 3-26-18 to BCC_FINAL.docx Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code,whichever is applicable,or in the case of the Mini Triangle Subdistrict,mixed use projects may utilize the design standards set forth in the Mini Triangle Subdistrict and its implementing MPUD zoning. 9. For density bonuses provided for in paragraphs nos. 4 and 5 above, base density shall be per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought.The difference in units per acre determines the bonus density allocation requested for the project. 10. Only the affordable-workforce housing density bonus,. as provided in the Density Rating System, and the density provided for within the Mini Triangle Subdistrict-is are allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System, except as provided for within the Mini Triangle Subdistrict. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within T the "mini triangle" catalyst projcct is are not subjeet required to utilize this density bonus pool. 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. TEXT BREAK *** *** *** *** *** Future Land Use Map Mixed Use&Interchange Activity Centers Maps Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps Collier County Wetlands Map TEXT BREAK *** *** *** *** *** Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y11IJZG5\Ex.A GMPA 3-26-18_t0 BCC_FINAL.docx L P T46S T47S T48S T49S I T50S T51S I T52S I T53S0NNg ' 1 I VIa.wS aaadMo a RRRaw282oyoooioEoiiow`woOwOowzzpw°o0"oo° wioZwwow°w ° ao vzo° ai'l < < ill oLi a s < < < <N iz _ E F: e p? gs e3.a g e i;2 rc ' , 4 t`O esg _ o aie €<i[9°6 l s i`aLLe 55 1sW% VI1100_ Q1 ®0 KW5 _ K 2 ' ioi W 'i € $ :- a:&-of a;E as s ' 1 2 _.1z :g A § @ g IRzIR W 1 i a Po o t' si56aS &a a a'g o e dig ff a sCe i Ce 11 III- I1 11 005101 l Ohl1PIW a s EP o a s e ! sl IllN g 3wa ? $ m g11 r q ' g Q a a PA a1 s§ z 0 $ M ; a € a s ' i ai Bili 1 phiW ;_•%® mp 111 p1 11111 _ g W C9 M Ce 0 j I uNnoo eean,1 i o a s m I w w 3,3WLdreW i d b w 0""".; . 1 W 1 e" giu a Et I I LULUSip11111111111I. rere 4 q Ili is NCl. a 1 N reCe < O g d0 i e,,,,ylig r„,0_ w N Q o ywati Mg r,r, i. 1 i m 2.1 qjw 5 W LLJ w.r li tet. / ` 05 ia LLiww iInr- stF' .. /i//// I W N m OHJQ Y 05,,, m` Nv' I— JZO 0 O Q 7 S g. Gulf O lVl tC g o5 I 746S I 747S I $mT46S T49S I T5OS I T51S I T52S I T53S I EXHIBIT A PETITION PL20160003084/CPSS-2016-3 VA MINI TRIANGLE MIXED USE SUBDISTRICT 1:69 COLLIER COUNTY, FLORIDA SUBJECT SITE DAVIS BLVD w Ct0 40 Cr w n 1-9 U 9 `l S z., LEGEND PREPARED BN:GIWGIS/CAD MAPPING SECTION i// Subdistrict0137.5 275 550 FeetGROWTHMANAGEMENTDEPARTMENT FILE:CPSS-2016-3 MAP.mxd DATE:1/23/2018 I I I I I I I I I t tt. ftxp1L- yy hit FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State May 11, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-23, which was filed in this office on May 11, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us A. B. C. D. CHAPTER 1 GENERAL PROVISIONS 1.01.00 - TITLE This Code shall be known as the "Collier County Land Development Code" and may be cited and referred to herein as the "LDC." Citation to provisions contained in this LDC shall be referenced as "Section ____________ ." 1.02.00 - AUTHORITY The Board of County Commissioners of Collier County has the authority to prepare, adopt, and enforce this LDC pursuant to article VIII, § 1(f), Fla. Const., § 125.01 et seq., F.S. § 163.3161 et seq. F.S. §§ 163.3201 F.S. § 163.3202 F.S., Chapter 9J-5, F.A.C., and such other authorities, and provisions established in statutory or common law. 1.03.00 - RULES OF CONSTRUCTION 1.03.01 - Generally In construction and interpretation of the language of these regulations, the rules established in this Chapter shall be observed unless such construction would be inconsistent with the manifest intent of the BCC as expressed in the Collier County GMP. The rules of construction and denitions established herein shall not be applied to any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto. These rules of construction apply to this LDC and to any laws, codes and rules adopted by reference that do not have specic rules of construction. If any law, code or rule, now or hereafter, adopted herein by reference has specic rules of construction, those rules of construction shall supersede the rules of construction contained in this Chapter to the extent of any inconsistency or conict with this Chapter. All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the BCC may be fully carried out. Terms used in these regulations, unless otherwise specically provided, shall have the meanings prescribed by the statutes of this State for the same terms. In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in eect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in eect in Collier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling. E. A. B. C. D. E. F. G. H. 1. 2. 3. A. B. C. D. E. In all circumstances, the provisions of these regulations shall be interpreted and construed to be consistent with the GMP. Where any provision(s) of these regulations are determined to be in conict with the GMP, the GMP shall control. 1.03.02 - Meaning of Text and Graphics The term "written" or "in writing" shall be construed to include any representation of words, letters, or gures whether by printing or other form or method of writing. In case of any dierence of meaning or implication between the text of this LDC and any gure, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words importing the masculine gender shall be construed to include the feminine and neuter. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. Words used in the past or present tense include the future as well as the past or present. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," "either . . . or," the conjunction shall be interpreted as follows: "And" indicates that all the connected terms, conditions, provisions or events shall apply. "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 - Determination of Time The time within which an act is to be done shall be computed by excluding the rst and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. The word "day" shall mean a calendar day. The word month shall mean 30 calendar days, unless a calendar month is indicated. The word "week" shall be construed to mean 7 calendar days. The word "year" shall mean 365 calendar days, unless a scal year is indicated, or unless a calendar year is indicated. 1.03.04 - Delegation of Authority A. B. C. A. B. C. A. 1. The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 - APPLICABILITY 1.04.01 - Generally The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specically, no building , structure , land or water shall hereafter be developed, or occupied, and no building , structure , or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure , use, land or water, except where specic provision is made in this LDC. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 - Applicability to Previously Established Time Limits Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. This subsection shall not apply to nal subdivision plats approved prior to February 17, 1976. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 - Exceptions Previously issued building permits. The provisions of this LDC and any amendments hereto shall not aect the validity of any lawfully issued and eective building permit issued prior to the eective date of this LDC if: The development activity authorized by the permit has commenced prior to the eective 2. B. A. B. date of this LDC or any amendment hereto, or will commence after the eective date of this LDC but prior to the permit's expiration or termination; and The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto. Certain previously approved development orders . The provisions of this LDC shall not aect the types, densities and intensities of land uses or the yard or landscape buer width requirements of any (1) nal subdivision plat and nal improvement plan, (2) nal site development plan, or (3) phased site development plan that has been approved for at least one nal site development plan, provided each such development order was lawfully issued prior to the eective date of this LDC and remains eective according to the time limits and provisions established by this LDC. 1.04.04 - Reserved Editor's note— Ord. No. 08-63, § 3.A, adopted October 30, 2008, repealed § 1.04.04, which pertained to reduction of required site design requirements. See also the Code Comparative Table. 1.04.05 - Relationship to Growth Management Plan The adoption of this LDC is consistent with, compatible with and furthers the goals, policies, objectives, land uses, and densities or intensities contained and required in the GMP, and it implements and directly advances the goals, policies and objectives of the GMP. The Board of County Commissioners of Collier County hereby declares and armatively states that in the event that any land development regulation, this LDC, or any provision hereof or amendment hereto is not consistent with the adopted Collier County GMP, as amended, the provisions of the Collier County GMP, as amended, shall govern any action taken with regard to an application for a development order or other activity. Furthermore, any land development regulation, this LDC, or any provision hereof or amendment hereto shall be interpreted, construed and implemented in such a manner which will make it most consistent with the Collier County GMP, as amended. 1.05.00 - FINDINGS, PURPOSE, AND INTENT 1.05.01 - Purpose and Intent It is the purpose of the Board of County Commissioners of Collier County to establish the standards, regulations and procedures for review and approval of all proposed development of property in unincorporated Collier County, and to provide a development review process that will be comprehensive, consistent, and ecient in the implementation of the goals, objectives, and policies of the GMP. In order to foster and preserve public health, safety, comfort and welfare, and to aid in the C. D. E. F. A. harmonious, orderly, and progressive development of the unincorporated areas of Collier County, it is the intent of this LDC that the development process in Collier County be ecient, in terms of time and expense, eective, in terms of addressing the natural resource and public facility implications of proposed development , and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of Collier County. The Board of County Commissioners deems it to be in the best public interest for all property and development to be conceived, designed, built, and used in accordance with good planning and design practices and the minimum standards set forth in this LDC. It is the intent and purpose of this LDC to establish and adopt comprehensive zoning regulations governing the use of land and water in the unincorporated areas of Collier County, Florida. These regulations are based on a comprehensive plan for future development , and are enacted to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the County. This LDC intends to accomplish and to provide for eciency and economy in the process of future development and redevelopment; appropriate use of land; preservation, protection, conservation, and development of the natural resources of land, water and air; convenience in circulation of trac for the transport of people, goods, and commodities; protection of persons and property in oodways and oodplains ; healthful and convenient distribution of population; adequate and continuously maintained public facilities and utilities; promotion of amenities, both public and private, to maintain and improve the quality of life for all residents; and development consistent with the GMP. In order to ensure that all development in unincorporated Collier County is consistent with the Collier County GMP, it is necessary and proper to establish a series of zoning districts to ensure that each permitted, accessory and conditional use is compatible with surrounding land uses, served by adequate public facilities, and sensitive to natural and coastal resources. Each zoning district has its own purpose and establishes permitted uses, uses accessory to permitted uses, conditional uses, dimensional standards and other land use, density and intensity regulations and references, sign regulations, o-street parking and loading regulations, landscaping regulations, and other regulations that control the use of land in each zoning district. All development within each zoning district shall be consistent with the purposes and regulations stated for that zoning district in Chapter 2. 1.06.00 - RULES OF INTERPRETATION 1.06.01 - Responsibility for Interpretations The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the ocial zoning atlas, and to make all B. C. D. 1. 2. 3. 4. 5. a. interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. During the course of review of a development order or permit, as the case may be, should an applicant and sta be unable to concur on the application of a specic provision or provisions of this LDC, the County Manager or designee shall be authorized to make a nal determination. Request for Ocial Interpretation. The County Manager or designee may render an ocial interpretation of any part of the LDC. The building ocial may render an ocial interpretation of any part of the Florida Building Code. Generally. An ocial interpretation may be requested by any aected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an ocial interpretation. Request Criteria. Each request must identify the specic LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub-issues or questions. If it is determined by the appropriate ocial that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. Notice. The interpretation shall be in writing and shall be sent to the applicant by certied mail return receipt requested. Public notice procedures are identied in LDC subsection 10.03.06 P. Eective time limits of an interpretation. An interpretation rendered by the County Manager or designee shall remain in eect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modied, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identied in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of b. 6. a. b. c. Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its nding, no further request for interpretation regarding the same issue shall be permitted. An interpretation rendered by the building ocial shall remain in eect as provided for in the Florida Building Code. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. Within 30 days after receipt by the applicant or aected property owner of a written ocial interpretation sent by certied mail return receipt requested by the County Manager or designee or building ocial, or within 30 days of publication of public notice of the ocial interpretation, the applicant , aected property owner, or aggrieved or adversely aected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an aected property owner is dened as an owner of property located within 300 feet of the property lines of the land for which the ocial interpretation is eective. An aggrieved or aected party is dened as any person or group of persons which will suer an adverse eect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant . The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building ocial, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the ocial zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building ocial's interpretation, whichever is applicable, with or without modications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building ocial's interpretation unless such board nds that the determination is not supported by substantial competent evidence or Page 1 2.03.07 - Overlay Zoning Districts A. Corridor Management Overlay (CMO). 1. The purpose of the (CMO) district is to supplement existing zoning regulations for properties bordering Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frank Road south of Pine Ridge Road. The CMO district will implement the urban design concepts developed in the corridor management study for Goodlette-Frank Road and Golden Gate Parkway. These regulations recognize that two (2) separate jurisdictions govern land uses in these corridors and are designed to develop greater consistency in design standards between Collier County and the City of Naples. 2. These regulations apply to all properties adjacent to the rights-of-way of Goodlette-Frank Road from U.S. 41 to Pine Ridge Road and Golden Gate Parkway from U.S. 41 to Santa Barbara Boulevard as measured perpendicular from the abutting right-of-way for a distance of 330 feet. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. B. Mobile home Overlay (MHO). The (MHO) district is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is intended that mobile homes allowed under this section shall be erected only in the Rural Agricultural district and only when the requirements and procedures of this section are met. C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both airspace protection and land use compatibility in relation to the normal operation of public-use airports located within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing and future public-use airports and heliports in the County. The purpose and intent of these regulations shall be as follows: 1. To attempt to promote maximum safety of aircraft arriving at and departing from all public-use airports located within the County; a. To attempt to promote maximum safety of residents and property within areas surrounding public-use airports located within the County; b. To attempt to promote full utility of the public-use airports within the County; c. To provide development standards for land uses within prescribed noise zones associated with the normal operation of public-use County airports ; d. To provide building height standards for use within the approach, transitional, horizontal, and conical zones so as to encourage and promote proper development beneath such areas; e. To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; and f. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on the airport zoning maps of the County. Lands lying within various zones as indicated on the airport zoning maps are subject to the additional regulations set out in this section. D. Special Treatment Overlay (ST). 1. Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches , estuaries, cypress domes, natural Page 56 1. Purpose and intent. It is the intent and purpose of the restricted parking overlay district (RP) to allow residents within a subdivision in Collier County to prescribe stricter regulations governing the parking of commercial and/or major recreational equipment than is provided under the minimum requirements set forth in this zoning code. This district is intended to apply as an overlay district for areas or portions of areas which are zoned for residential uses. The purpose of this section is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and the free flow of air currents, and to maintain the lasting values and amenities of the neighborhood. 2. Establishment of zoning classification. A zoning overlay district, to be known as the restricted parking overlay district, and to be designated on the official zoning atlas by the symbol "RP" in conjunction with the basic residential symbol, is hereby established. 3. Procedure for establishing district. Upon petition to the Board of County Commissioners, signed by a minimum of 100 property owners or 50 percent of the property owners, whichever is the lesser, in the proposed district, platted subdivision , or a voting precinct comprising a homogeneous zoning area, the Board of County Commissioners may revise the boundaries of the district and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the district voting in the next general election held specifically for the implementing ordinance. The election permits a choice by the elector if in favor of or opposed to the regulations adopted by the implementing ordinance. N. Gateway Triangle Mixed Use Overlay District (GTMUD). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human- scale, pedestrian-oriented, interconnected projects that are urban in nature and include a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed-use buildings , an interconnected street system, and connections to adjacent neighborhoods. When possible, buildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel . This District is intended to: revitalize the commercial and residential development ; promote traditional urban design; encourage on street parking and shared parking facilities; provide appropriate landscaping and buffering ; and protect and enhance the Shadowlawn residential neighborhood. 2. Applicability. a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Gateway Triangle Mixed Use District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center Page 57 subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the Collier County Land Development Code (LDC). b. Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.16 shall apply. 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts. a. The Gateway Triangle Mixed Use District consists of the following subdistricts: i. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian-oriented commercial and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi- story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. ii. Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non- residential uses in a walkable context. b. Use Categories and Table of Uses. i. All uses permitted in the GTMUD subdistricts have been divided into nine general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant : Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services . ii. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may Page 58 determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD-MXD subdistrict, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses. Table 2. Table of Uses for the Gateway Triangle Mixed Use District Subdistricts USE TYPE GTMUD SUBDISTRICTS ADDITIONAL STANDARDS R MXD a) RESIDENTIAL 1) Dwelling, Single-Family P P 2) Dwelling, Duplex P P 3) Dwelling, Two-Family P P 4) Dwelling, Rowhouse P P 5) Dwelling, Multi-Family (3 or more) P P 6) Dwelling, Mobile Home P* *If permitted by underlying zoning 7) Guesthouse A A 5.05.04 and 4.02.16 C.2. 8) Home Occupations A A 5.02.03 9) Live-Work Units CU P 4.02.16 C.6. Page 59 10) Artist Village CU P 4.02.16 C.3. b) LODGING 1) Bed & Breakfast Facilities CU CU 4.02.16 C.4. 2) Hotels and Motels P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services P 2) Business Support Services P 3) Child Care Services CU CU 4) Community Service Organization P 5) Government Services P 6) Family Care Facility/Nursing Home CU 7) Medical Services - Doctor Office P 8) Medical Services - Outpatient/Urgent Care P 9) Personal Care Services P 10) Post Office P 11) Professional Office or Service P 12) Rental Services - Equipment/Vehicles P 13) Studio - Art, Dance, Martial Arts, Music P 14) Studio - Motion Picture CU 15) Vehicle Services - Maintenance/Repair CU Page 60 16) Veterinarians Office P 17) Video Rental P d) RETAIL/ RESTAURANTS 1) Auto Parts Sales P 2) Bars/Tavern/Night Club P 3) Drive Thru Retail/ Restaurant P 4) Gas Station with Convenience Store P 5.05.05 5) Neighborhood Retail - <2,000 sf P 6) General Retail - <15,000 sf P 7) General Retail - >15,000 sf P 8) Restaurant P 9) Shopping Center CU 10) Vehicle/Boat/Heavy Equipment Sales P e) ENTERTAINMENT/RECREATION 1) Gallery / Museum P 2) Meeting Facility CU P 3) Cultural or Community Facility CU P 4) Theater, Live Performance P 5) Theater, Movie CU 6) Recreation Facility, Indoor P Page 61 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P 9) Amusements, Outdoor CU CU 10) Community Garden P P 4.02.16 C.5. f) MANUFACTURING/WHOLESALE/STORAGE 1) Boat Yards CU 2) Laboratory - Medical, analytical, research P 3) Laundries and Dry-cleaning P 4) Media Production P 5) Metal Products Fabrication CU 6) Mini-Warehouses 7) Repair Shops P 8) Research and Development P 9) Storage - Outdoor CU 4.02.16 C.9. 10) Storage - Warehouse P 11) Lawn and Garden Services in conjunction with a Nursery CU g) CIVIC/INSTITUTIONAL 1) College/University CU 2) Educational Plant P P 3) Hospital CU Page 62 4) Membership Organizations P 5) Public Safety Facility CU 6) Religious Institution CU CU 7) Schools - Elementary and Secondary P 8) Schools - Vocational and Technical CU h) INFRASTRUCTURE 1) Automobile Parking Facilities P 2) Boat Launch 3) Essential Services P P 4) Marinas P 5) Transit Station CU 6) Wireless Telecommunication Facility CU Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD- NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. A. 1. a. i. ii. 2. a. i. ii. 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area Dimensional and Design Standards for the BMUD. Neighborhood Commercial Subdistrict (BMUD-NC). Specic District Provisions: Maximum 'ensity : 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe B/7'0& House Rowhouse Apartment Mixed-Use Commercial Civic Institutional Min. .ot 9idtJ (ft)50 25 100 100 100 100 Min. )ront ;ard (ft)10 10 10 5 5 10 Max. )ront ;ard (ft)20 15 20 20 20 20 Min. Side ;ard (ft)5 5 5 5 5 10 Min. Rear ;ard (ft)15 15 20 20 20 20 Waterfront ;ard (ft)25 25 25 25 25 25 Min. )loor $rea (sq ft)700 700 700 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 a Notes: See 4.02.16.A.7 regarding 'upleZes . See 4.02.16.A.7 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . Property zoned C-3 shall have a minimum lot width of 75 feet. Waterfront Subdistrict (BMUD-W). Specic District Provisions: Maximum 'ensity : 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. .ot and building dimensional requirements for new development are provided below. These requirements 1 2 3 5 4 1 2 3 4 5 3. a. i. ii. shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe B/7'9 House Rowhouse Apartment Mixed-Use Commercial Civic Institutional Min. .ot 9idtJ (ft)50 25 100 100 100 100 Min. )ront ;ard (ft)10 10 10 5 5 10 Max. )ront ;ard (ft)20 15 20 20 20 20 Min. Side ;ard (ft)5 5 5 5 5 10 Min. Rear ;ard (ft)15 15 20 20 20 20 Waterfront ;ard (ft)25 25 25 25 25 25 Min. )loor $rea (sq ft)700 700 700 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 a Notes: See 4.02.16.A.7 regarding 'upleZes . See 4.02.16.A.7 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . Property zoned C-3 shall have a minimum lot width of 75 feet. Residential 1 Subdistrict (BMUD-R1). Specic District Provisions: Maximum 'ensity is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe B/7'4 House Rowhouse Apartment Civic Institutional 1 2 3 5 4 1 2 3 4 5 1 2 4. a. i. ii. Min. .ot 9idtJ (ft)50 25 100 100 Min. )ront ;ard (ft)10 10 10 10 Min. Side ;ard (ft)7.5 5 7.5 10 Min. Rear ;ard (ft)15 15 15 15 Min. )loor $rea (sq ft)1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 35 35 35 35 a Notes: See 4.02.16.A.7 regarding 'upleZes . See 4.02.16.A.7 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . Residential 2 Subdistrict (BMUD-R2). Specic District Provisions: Maximum 'ensity is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe B/7'4 House Rowhouse Apartment Civic Institutional Min. .ot 9idtJ (ft)50 25 100 100 Min. )ront ;ard (ft)25 25 25 25 Min. Side ;ard (ft)7.5 5 7.5 10 Min. Rear ;ard (ft)15 15 15 15 Min. )loor $rea (sq ft)1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 3 4 1 2 3 4 1 2 3 5. a. i. ii. 6. Max. Building Height (ft) 35 35 35 35 a Notes: See 4.02.16.A.7 regarding 'upleZes . See 4.02.16.A.7 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . Residential 3 Subdistrict (BMUD-R3). Specic District Provisions: Maximum 'ensity is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe B/7'4 House Mobile Home Rowhouse Apartment Civic Institutional Min. .ot 9idtJ (ft)40 40 25 100 100 Min. )ront ;ard (ft)10 25 10 10 10 Min. Side ;ard (ft)5 7.5 5 7.5 10 Min. Rear ;ard (ft)8 10 8 15 15 Min. )loor $rea (sq ft)1,100 n/a 1,000 750 per unit n/a Min. Building Separation n/a n/a n/a 10 10 Max. Building Height (ft) 35 30 35 35 35 a Notes: See 4.02.16.A.7 regarding 'upleZes . See 4.02.16.A.7 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . Residential 4 Subdistrict (BMUD-R4). 4 1 2 3 4 1 2 3 4 1 2 3 4 a. i. ii. 7. a. b. c. d. e. i. ii. iii. iv. Specic District Provisions: Maximum 'ensity is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe B/7'4 House Civic Institutional Min. .ot 9idtJ (ft)50 100 Min. )ront ;ard (ft)25 10 Min. Side ;ard (ft)7.5 10 Min. Rear ;ard (ft)15 15 Min. )loor $rea (sq ft)1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft) 35 35 a Notes: See 4.02.16.A.7 regarding 'upleZes . <oned +eigJt of Building . Exceptions to Dimensional Requirements: For inll lots , the minimum front and side setbacMs shall be equal to the average setbacM dimensions on lots within 500 feet on the same block. A zero side setbacM is allowed for 4owJouse , Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. 'upleZes , where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot widtJ of 50 feet. 6wo )amily dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot widtJ of 40 feet per unit. 5etbacM Encroachments: Front porches in the BMUD - R1 and BMUD - R3 subdistricts that comply with the design criteria of 4.02.16 D.4.d. are permitted to encroach into the front setbacM up to 7 feet, with an additional 3 feet encroachment for entry stairs. Arcades, awnings , and stairs are permitted to encroach into the front setbacM up to 5 feet. Bay windows may project up to 2 feet into any required setbacM . Uncovered porches and stoops that do not exceed an average nished height above grade of 36 inches may 1 2 1 2 v. vi. vii. f. B. 1. a. i. ii. project into any required setbacM up to 5 feet from the property line. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setbacM , unless it can be provided at another entry point. $ccessory structures may encroach into the setbacMs as provided in section 4.02.16 C.2. Non-structural accessory uses , such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setbacM . Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, agpoles, masts and antennas . Parapets on a at roof shall be no more than 5 feet in height at its highest point. Dimensional and Design Standards for the GTMUD. Mixed Use Subdistrict (GTMUD-M:D). Specic District Provisions: Maximum 'ensity : 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. .ot and Building Dimensional Requirements: .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D., Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe *6/7'/:' House Rowhouse Apartment Mixed-Use Commercial Civic Institutional Min. .ot 9idtJ (ft)50 25 100 100 100 100 Min. )ront ;ard (ft)10 10 10 6.5 6.5 10 Min. Side ;ard (ft)7.5 5 7.5 10 10 10 Min. Rear ;ard (ft)15 15 20 5 5 15 Min. Waterfront 5etbacM (ft)25 25 25 25 25 25 Min. )loor $rea (sq ft)1,100 1,000 750 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Height (ft) 42 42 42 56 56 42 a Notes: See 4.02.16.B.3 regarding 'upleZes . See 4.02.16.B.3 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . 1 2 3 5 6 6 4 7 7 1 2 3 4 2. a. i. ii. 3. a. b. c. Property zoned C-3 shall have a minimum lot width of 75 feet. 'evelopment in the Mini-Triangle Area of the GTMUD-M:D subdistrict shall have a maximum setback of 20 feet. MUPs in the Mini-Triangle Area of the GTMUD-M:D subdistrict shall have a maximum zoned building height of 112 feet. Residential Subdistrict (GTMUD R). Specic District Provisions: Maximum 'ensity is based on maximum density allowed by the underlying zoning district and any available density bonuses. .ot and Building Dimensional Requirements: .ot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure s as described in section 4.02.16 D, Building Types and Architectural Standards. 6able  'imensional 4eSuirements in tJe *6/7' 4 House Rowhouse Apartment Civic Institutional Min. .ot 9idtJ (ft)50 25 100 100 Min. .ot Size (sq ft)n/a n/a 10,000 10,000 Min. Front ;ard (ft)10 10 10 10 Min. Side ;ard (ft)7.5 5 7.5 10 Min. Rear ;ard (ft)15 15 15 15 Min. )loor $rea (sq ft)1,100 1,000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 35 35 35 35 a Notes: See 4.02.16.A.7 regarding 'upleZes . See 4.02.16.A.7 regarding 6wo)amily 'wellings . Applies to individual unit. <oned +eigJt of Building . Exceptions to Dimensional Requirements: For inll lots , the minimum front and side setbacMs shall be equal to the average setbacM dimensions on lots within 500 feet. A zero side setbacM is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or party wall, is provided. 'upleZes , where permitted, are subject to dimensional standards for a house building type, but shall have a 5 6 7 1 2 3 4 1 2 3 4 d. e. i. ii. iii. iv. v. vi. vii. f. C. 1. a. i. ii. b. 2. a. b. c. d. e. i. ii. minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. Two Family units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. 5etbacM Encroachments: Front porches in the GTMUD - R subdistrict that comply with the design criteria of section 4.02.16 D.4.d. are permitted to encroach into the front setbacM up to 7 feet, with an additional 3 feet encroachment for entry stairs. Arcades, awnings , stairs and raised doorways are permitted to encroach into the front setbacM up to 5 feet. Bay windows may project up to 2 feet into any required setbacM . Uncovered porches and stoops that do not exceed an average nished height above grade of 36 inches may project into any required setbacM up to 5 feet from the property line. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setbacM , unless it can be provided at another entry point. $ccessory structures may encroach into the setbacMs as provided in section 4.02.16 C.2 Non-structural accessory uses , such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setbacM . Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, agpoles, masts and antennas . Parapets on a at roof can be no more than 5 feet in height. Additional Standards for Specic Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specic to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. $ccessory 2arMing <ones .ots adLacent to the Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W) and Mixed Use (GTMUD-M:D) Subdistricts, designated $ccessory 2arMing <oning $2< as identied on the Collier County Zoning Map, may be used for o street parking or water retention and management areas, in the following manner: As an accessory use to an adLacent non-residential principal use under the same ownership or legal control; or As a public parking lot designated as a principal use . A buer must be provided between the $2< and adLacent residential lots as provided in section 4.02.16 E.2.a.i. $ccessory 7ses to Residential 5tructures . An accessory structure located on the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage, swimming pool or guestJouse . Ownership of an accessory structure shall not be transferred independently of the primary residence. $ccessory building s , excluding swimming pools and screen enclosures, may be located on up to 30 percent of the side or rear yards . For the purposes of this provision, the yard shall be the area between the principal structure and the side or rear property line. The maximum area of a guestJouse is 750 square feet, limited to 1 habitable oor; the minimum area is 500 square feet. The guestJouse must be of new construction and must meet National Flood Insurance Program (NFIP) rst habitable oor elevation requirements. The guestJouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: The fence or wall shall not exceed 42 inches in height. Fence material shall be wood picket, wrought iron or material of similar appearance and durability. Garden or decorative walls may be brick, stone stucco block. f. g. 3. a. b. c. d. 4. a. b. c. d. e. f. 5. a. b. c. d. e. i. ii. f. i. ii. iii. 6. a. b. Height: The maximum \oned JeigJt of an accessory structure is 26 feet. Screen enclosures may exceed the maximu case be higher than the principal structure or 35 feet, whichever is less. Location: $ccessory structures shall not be located in the front yard , except that accessory structures located on corner lots may be located in the front yard with the longer street frontage . $ccessory structures shall be setbacM a minimum of 10 feet from the rear property line and shall have the same side setbacM as required for the principal structure for the overlay subdistrict in which it is located. $rtist 8illage $rtist village is limited to the housing of artists, such as painters, sculptors, jewelry makers, in one or more multifamily attached dwellings , clustered single-family detached dwellings , or a combination thereof. 'wellings shall not be leased for periods less than 30 days. $rtist village consisting of clustered, single-family detached dwellings , shall be designed consistent with the provisions for cluster residential design in section 4.02.04. Shared studio and/or gallery space shall be provided for the use of all residents of the artist village . Bed and Breakfast Facilities. Minimum number of guest rooms or suites is 2 with a maximum number of 6. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. No cooking facilities shall be allowed in guest rooms. Separate toilet facilities for the exclusive use of guests must be provided. At least 1 bathroom for each 2 guestrooms shall be provided. Parking: 2 spaces plus 1 space for each bedroom. All other applicable provisions of this LDC relative to parking facilities shall apply. Signage: 1 sign with a maximum sign area of 4 square feet containing only the name of the proprietor or name of the residence. Signs shall not be illuminated in residential subdistricts. A 24 hour on-site manager is required. &ommunity *arden . The property shall be maintained in good condition consistent with the County's property maintenance standards. All planting materials, tools, and equipment must be removed from the site each day or secured in a permitted accessory structure . Hours of operation shall be limited to dawn to dusk. The sale of items from the property shall be prohibited, except by an approved special event. Any use of fertilizer must comply with provisions set forth in Collier County Code of Ordinances, Article II: Florida- Friendly Use of Fertilizers on Urban Landscapes. Required ;ards : $ccessory buildings , including storage sheds or greenhouses, are permitted on site and must meet the principal structure setbacMreSuirements for tJe subdistrict in wJicJ it is located All plantings shall be setbacM a minimum of 10 feet from the street rigJtofway and ve feet from the rear and side property lines. Operating Procedures: A community garden must have a set of operating rules addressing the following: Identication of, and contact information for, a garden coordinator to perform the coordinating role for the management of the community gardens ; Maintenance and security requirements and responsibilities; Identication of how garden plots are assigned in a fair and impartial manner. .ive9orM 7nits . All liveworM units must fully comply with any and all Building Code requirements. The non-residential use areas shall meet accessibility requirements of the applicable Building Code (including site access and parking) and be oriented to the street . c. d. e. f. g. i. ii. iii. h. i. 7. a. b. c. d. e. i. ii. iii. iv. v. f. g. 8. a. Size: The liveworM unit shall have a minimum total size of 1,000 square feet and a maximum total size of 3,000 squar stories in height. The non-residential use area must occupy less than 50 percent of total unit. The same individual(s) must occupy the non-residential use area and living area. The liveworM unit may employ a maximum of 1 non-resident worker/employee on premise at any one time. .iveworM units in non-residential subdistricts (BMUD-NC, BMUD-W and GTMUD-M:D) shall be established through the miZed use proLect approval process . Limitations on use. The non-residential component of a liveworM unit shall be limited in the following manner: .iveworM units in a non-residential subdistrict (BMUD-NC, BMUD-W and GTMUD-M:D) limited to uses permitted within the applicable subdistrict or underlying zoning district. .iveworM units approved as a conditional use in a residential subdistrict (BMUD-R3 and GTMUD-R) shall be limited to non-residential uses including artist studio, professional oce, professional service such as hair salon or tailor, or any other use deemed to be similar in nature by the BZA during the conditional use process. Non-residential uses may include ancillary retail, such as galleries selling artwork and hair salons selling hair products. Prohibited uses include Vehicle Maintenance or Repair, Entertainment, Drinking and Public Eating Establishment, the sale of food and beverages, Sexually-Oriented Businesses, veterinary services, and activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. Parking: 1 parking space per 500 square feet of the non-residential portion of the liveworM unit plus 1 space for the residential unit. Signage: Signage for liveworM units in a commercial subdistrict shall be limited to wall signs in accordance with section 5.06.04. .iveworM units located in a residential subdistrict shall be limited to 1 non-illuminated wall sign with a maximum sign area of 8 square feet. /arinas and Boatyards . Repair and dry storage areas shall not be visible from the street . Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and adLacent residential lots and shall not be visible from Bayshore Drive. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco nish or metal or a combination. No chain link fence is allowed. Height of structures may be increased to a maximum actual height of 50 feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: All areas used for boat display activities shall occupy no more than 35 percent of the linear frontage of the property. All boat sale areas shall not be closer to the frontage line than the primary building they serve. All boats located within an outdoor sales area shall not exceed the height of 17 feet above existing grade . Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. An additional 10 foot landscape buer is required around the perimeter of the outdoor boat sales area. This buer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at three feet on center at the time of planting. One parking space per 5 dry boat storage spaces. On-site trac circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments . Mixed Use Project. Mixed Use Projects are typically human-scale, pedestrian-oriented, interconnected projects with a mix of residential b. c. d. e. f. g. h. 9. a. b. c. D. 1. 2. 3. a. and commercial uses such as retail, oce and civic amenities 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. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. Mixed Use Projects in the BMUD-NC, BMUD-W and GTMUD-M:D shall be reviewed and permitted in accordance with section 10.02.15. A minimum of 60 percent of all commercial uses within a mixed use project shall provide retail, oce and/or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. A maximum of 25 percent of the residential units within a mixed use proLect shall be on gated 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 project, or otherwise in accordance with a development schedule approved for the project and made a condition of the /72 approval . MUPs shall provide connection to local streets , adjoining neighborhoods and adLacent developments , regardless of land use types. A grid street pattern is preferred; however, modications may be approved, provided the vehicular network provides interconnections between internal uses and external connections to adjoining neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle, and transit. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways . Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required o- street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space , as dened in section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land, cash, or other in- kind contribution may be accepted by the CRA, where it has been demonstrated to suciently mitigate for the reduction of required on-site usable open space . This cash or in-kind contribution may be used to enhance the public realm (public art, plaza, fountains, etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. Outdoor Display and Sale of Merchandise. No automatic food and drinking vending machines are permitted outside of any structure. Newspaper vending machines will be limited to two machines per project site and shall be permanently axed (not portable). Outdoor display and sale of merchandise, within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. Building Types and Architectural Standards Purpose and Intent. The purpose of this section is to supplement the provisions of LDC section 5.05.08 by identifying and providing design standards for the building types allowed within the Bayshore Gateway Triangle Redevelopment Area. The standards are intended to attach the same importance to the overall building design as is placed on the use contained therein, and to ensure that proposed development is consistent with the CRA's goals for building form, character and quality. Buildings within the BMUD and GTMUD are expected to be added as long-term additions to the architectural vibrancy of the community. Applicability. Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions. The uses permitted within the building are determined by the underlying zoning district or overlay subdistrict in which it is located. All buildings shall meet the design requirements set forth in LDC section 5.05.08 unless otherwise specied in this section. General Architectural Standards. Architectural Style: The building design standards of this section do not mandate a particular building style and b. c. d. e. i. ii. f. i. ii. iii. 4. a. permit a wide variety of architectural expressions. When a building exhibits a known architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details shall be consistent throughout the building and any accessory structures on the same site. )rontage : The primary entrance for any building must be oriented to the street . Orientation is achieved by the provision of a front fa¤ade including an entry door that faces the street or square. This requirement shall not apply to mobile Jomes or to buildings that are interior to a site that has other buildings that meet this provision. Compatibility: Proposed buildings should relate to adLacent buildings in similarity of scale, height, architectural style, and/or conguration. Exceptions to this provision include civic and institutional buildings such as cJurcJes and schools. )a¤ade Treatment: Architectural elements such as windows and doors, bulkheads, masonry piers, transoms, cornices, window hoods, awnings , canopies, and other similar details shall be used on all fa¤ades facing a public rigJtofway . Exterior building color within the Cultural District. Buildings with a mixed use or non-residential use and within the Cultural District boundary, as identied in the Community Redevelopment Agency Resolution 2008-60 as amended, shall meet the following exterior building color standards: The use of color materials or nish paint above level 10 saturation (chroma) or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a fa¤ade or the total roof area. Natural and manmade materials which exceed the saturation or lightness level requirements of Collier County Architectural Color Charts, such as marble, granite, stone, slate, brick, block, tile, and galvanized metal are permissible. Deviations from exterior building color. $pplicants within the Bayshore Gateway Triangle Community Redevelopment District boundaries may request a deviation from the exterior building color requirements of LDC section 5.05.08 D. A deviation request shall be subject to the procedures established in LDC section 5.05.08 G. and shall be subject to the following criteria: The deviation request is consistent with LDC section 5.06.00, regarding sign regulations and standards. The deviation request consists of no more than 3 colors. The deviation request may not be for a color which is below lightness level 3 on the Collier County Architectural Color Charts. BGT Redevelopment Area Figure 1 Facade Treatments (For illustrative purposes only) Building Type: HOUSE. Description: The predominant building type in the Bayshore Gateway Triangle Redevelopment Area and is intended for use as a singlefamily detached dwelling located on its own lot , although it may also accommodate dupleZes , b. c. 4. 5. a. b. i. ii. iii. iv. G. H. 1. 2. 3. 4. 5. 6. 7. 8. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every 5 on- str provided, a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be to the pedestrian clear zone landscape requirement. The corners adLacent to the travel lane shall be angled at least 45 perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each is with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium orna minimum of 8 feet tall at the time of planting. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 on- street parking spaces provided, a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. O- 5treet Parking Location: O- street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. O- street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUD and US 41, Davis Boulevard and Commercial Drive in the mini-triangle area of the GTMUD shall not exceed 50 percent of that building's parking requirements and shall be limited to a single-aisle double loaded parking lot. Bicycle Parking: Bicycle parking shall be required as provided for in section 4.05.08, except as provided below. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in section 4.05.08 B. Location: Bicycle parking shall have access via sidewalMs , patJways or driveways to the public rigJtofway and be located as provided below: Parking 5tructures : Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. On Site: Bicycle parking (not located within a parking structure ) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. 4igJtof9ay : Bicycle parking may be located in the public rigJtofway subject to an approved rigJtofway permit. Shared Bicycle Parking: Where there is more than one building on a site, or parking is shared with an adLacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. Signage. Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated by this section for specic uses. Murals. Murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment Area subject to the following conditions: Murals are only allowed on commercial, civic or institutional buildings . Building must be located within the proposed Cultural District boundary, Community Redevelopment Agency Resolution 08-60, and cannot be located along U.S. 41. One mural is allowed per building . Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. The mural cannot exceed 200 square feet unless specically approved by the CRA Advisory Board. The mural shall not contain text for the purpose of advertising any business or commercial activity. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. (Ord. No. 06-08, § 3.J; Ord. No. 06-63, § 3.3; Ord. No. 07-68, § 3.C; Ord. No. 12-39, § 3.C; Ord. No. 14-33, § 3.-; Ord. No. 16-22, § 3.C)