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Ordinance 2021-14 ORDINANCE NO. 2021 - 14 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 AND ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CREATE THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD) AND ELIMINATE THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY (GGPPOCO) AND THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), AND ESTABLISH USES, BOUNDARIES AND DESIGN STANDARDS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 - ABBREVIATIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS AND SECTION 2.05.01 - DENSITY STANDARDS AND HOUSING TYPES; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.26 - DESIGN STANDARDS FOR THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD) WHICH WILL REPLACE THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT (GGPPOCO)-SPECIAL CONDITIONS FOR THE PROPERTIES ABUTTING GOLDEN GATE PARKWAY EAST OF SANTA BARBARA BOULEVARD AS REFERENCED IN THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT MAP (MAP 2) OF THE GOLDEN GATE AREA MASTER PLAN, AND INCLUDING SECTION 4.02.37 - DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), SECTION 4.02.38-SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.05.02 - DESIGN STANDARDS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.04 - GROUP HOUSING AND SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; AND CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06 - PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Page 1 of 42 Words *^1^L�=are deleted,words underlined are added. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on October 8, 2020, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on February 23, 2021 and March 9, 2021, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. Page 2 of 42 Words struck threugh are deleted,words underlined are added. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are Page 3 of 42 Words struck through are deleted,words underlined are added. compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * 1.08.01 Abbreviations Page 4 of 42 Words struck-thfeugh are deleted,words underlined are added. * * * * * * * * * * * * GGAMP Golden Gate Area Master Plan GGPOD Golden Gate Parkway Overlay District GGPOD-AC Golden Gate Parkway Overlay District-Activity Center subdistrict GGPOD-DT Golden Gate Parkway Overlay District-Downtown subdistrict GMP Collier County Growth Management Plan * * * * * * * * * * * * SUBSECTION 3.B. 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 * * * * * * * * * * * * F. Golden Gate Parkway Overlay District (GGPOD) 1. Purpose and intent. The purpose and intent of these provisions is to implement the goals, objectives, and policies of the GGAMP, specifically the Golden Gate City Sub-Element. These provisions shall also be utilized in concert with the County's Golden Gate City Economic Development Zone, Ordinance 2018-56. 2. Applicability. a. The use regulations of this LDC section and the design standards of LDC section 4.02.26, shall apply to all properties as shown in Illustration 1 of LDC section 2.03.07 F.4.b. b. Property owners within the GGPOD may establish uses, densities, and intensities in accordance with the underlying zoning classification or the GGPOD. The design standards of the GGPOD pursuant to LDC Section 4.02.26 shall apply. c. Any PUD established prior to [the effective date of this ordinance,' including amendments or boundary changes, may elect to utilize the use regulations and design standards of the GGPOD. Any PUD proposed after [the effective date of this ordinancel shall apply the provisions of the GGPOD, unless a deviation is approved in accordance with LDC Section 10.02.13 A.3. d. Where a property or a PUD is partially located within the boundary of the GGPOD, the provisions of the GGPOD shall only be available to that portion of the property located within the GGPOD. e. Conditional Uses approved prior to [the effective date of this ordinance' that include design standards inconsistent with the provisions of the Page 5 of 42 Words struckgh are deleted,words underlined are added. GGPOD may elect to utilize the provisions of the GGPOD without the review of the CU as required by LDC section 10.02.08 G.4. 3. Definitions. The following definitions shall apply to the GGPOD: Mixed use: A single development project with a residential component and a nonresidential component. The mix of uses may be arranged horizontally (separate buildings with a common development plan) or vertically (in the same building), or some combination of both. Examples include but are not limited to the following: Vertical mixed use - Horizontal mixed use 4. Establishment of subdistricts. a. Purpose and Intent. The Mixed Use Activity Center Subdistrict (GGPOD-AC). This subdistrict is intended to be mixed-use (commercial, residential, institutional) in character. The concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can be readily accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The standard for intensity of commercial uses are uses allowed in the C-1 through C-5 zoning districts but with certain exceptions. In addition, uses that are specifically intended to support economic development in Golden Gate City are also allowed. ii. Downtown Center Commercial Subdistrict (GGPOD-DT). This subdistrict is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a vibrant and viable downtown subdistrict within Golden Gate City. Emphasis shall be placed on the creation of a pedestrian-oriented boulevard. The provisions of this subdistrict are intended to ensure harmonious development of commercial and mixed use buildings at a pedestrian scale that are compatible with residential development within and outside of the subdistrict. The subdistrict allows the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this subdistrict are retail, office, personal services, institutional, and residential. Non-residential development is Page 6 of 42 Words struck-through are deleted,words underlined are added. intended to serve the needs of residents within the subdistrict, surrounding neighborhoods, and passerby. b. Boundaries of GGPOD and subdistricts. The boundaries of the GGPOD and subdistricts are identified in Illustration 1 below: ..j f�'` t �` a i^= £ ..F: Golden Gate Parkway Overlay District y 7, t "c �t` �> fi Downtown Center Commercial (���rc+s!Subdistrict(OOPOD-DT► a 1 i - r c Pitvp 9 ..,"Ti 7-,- ,' '� -.t'i`' ,')t Mixed Us* Lill-.i tj + Activity Center od ,. 1 � ;- 1- Subdistrict Q . ,tlij _. ,.i ,a� '' � b t ,,,4,Rco ui µ # Do rntown`Canter Y. i, c,' -.` a' 1 Commercial Subdistrict> / 0' r '(00P00-D7) i- i. 7 I ,r , , t 1 t.y LEGEND Mgt P1.14D rir GrSAD MAPPING sFcrgN 0 500 1,000 2,000 Feet 44, t"""7 Goiwn4m P+�rkrmy u+tUwn.wrtnrtMir+r otPNt,MeHI 1,_..+. . 1 1 N .�__4 1 ICJ OM�rtq nNirkti wit asmw (map to be added) Illustration 1 - GGPOD with subdistricts 5. Table of Uses. a. The Table of Uses identifies uses as permitted uses (P) or conditional uses (CU). Conditional uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. b. Table 1. Use Category Mixed Use Downtown Activity Center Center Commercial Subdistrict Subdistrict Page 7 of 42 Words struck'through are deleted,words underlined are added. (GGPOD- (GGPOD- AC)1 DT)1 Residential Uses 1� Artist village. P P al Dwelling, Multi-Family, including townhouses. P _P Live-work units. P P Any use listed as permitted in the underlying P P zoning. • Any use listed as a conditional use in the CU CU underlying zoning district. Commercial Uses2 11 Any use listed as permitted in the underlying P P zoning district. • Any use listed as a conditional use in the C C underlying zoning district. 21 Any use listed as a permitted use in any of the C- P P 1, C-2, or C-3 zoning districts, without size limitations. 41 Any use listed as a conditional use in any of the P CU4 C-1, C-2, or C-3 zoning districts, without size limitations. • Any use listed as a permitted use in the C-4 or C- P 5 zoning districts. 61 Any use listed as a conditional use in the C-4 or CU4 C-5 zoning districts. fl Hotels and motels (7011, 7021, and 7041). P P Economic Development Uses2'3 11 Aircraft and parts (3721-3728). P 21 Beverages (2082-2087). P 21 Communications equipment (3661-3669). P_ 4 Computer and office equipment (3571-3579). P 5.1 Construction, mining, and materials handling P (3531, 3534-3537). ql Dental laboratories (8072). P 11 Drugs (2833-2836). P al Electrical industrial apparatus (3621-3629). P al Electric lighting and wiring equipment (3641- P 3646, 3648). 10) Electric transmission and distribution equipment P (3612-3613). 11) Electronic components and accessories (3671- P 3679). 12) Engines and turbines (3511-3519). P 13) Farm machinery and equipment (3523-3524). P 14) Furniture and fixtures, not elsewhere classified P (2599). 15) General industrial machinery and equipment P (3561, 3563, 3565-3569). 16) Household appliances, not elsewhere classified P Page 8 of 42 Words truck gh are deleted,words underlined are added. (3639). 17) Household audio and video equipment, and P audio (3651-3652). 18) Jewelers' findings and materials, and lapidary P work (3915). 19) Laboratory apparatus and analytical, optical, P measuring, and controlling instruments (3821- 3829). 20) Manufacturing industries, not elsewhere P classified (3999). 21) Metalworking machinery and equipment (3546 P and 3548). 22) Miscellaneous electrical machinery, equipment, P and supplies (3691-3692, 3695-3699). 23) Miscellaneous industrial and commercial (3593- P 3599). 24) Ophthalmic goods (3851). P 25) Photographic equipment and supplies (3861). P 26) Refrigeration and service industry machinery P (3581-3582, 3586-3589). 27) Search, detection, navigation, guidance, P aeronautical, and nautical systems and instruments (3812). 28) Special industry machinery, except metalworking (3552-3559). 29) Surgical, medical, and dental instruments and P supplies (3841-3845). 30) Transportation equipment, not elsewhere P classified (3799). 31) Watches, clocks, clockwork operated devices, P and parts (3873). 32) Any other Economic Development use which is P comparable in nature with the list of permitted uses contained herein and consistent with the purpose and intent statement of the GGPOD as determined by the Hearing Examiner or Board of Zoning Appeals, pursuant to LDC section 10.02.06. Notes: See LDC section 2.03.07 F.6. for specific prohibitions in the GGPOD. 2 See LDC section 4.02.26 B.14. for pollution control standards. 3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses. 4 Vertical mixed use developments shall be permitted uses. Page 9 of 42 Words strut gh are deleted,words underlined are added. 6. Prohibited uses. These uses are prohibited, except that uses existing as of 'effective date of Ordinancel may continue to operate as a permitted use until the use ceases for a period of one year. This section does not apply to the uses allowed in the underlying zoning district. a. Prohibited uses in the GGPOD-AC and GGPOD-DT. Ancillary plants. ii. Animal specialty services, except veterinary (0752, with outdoor kenneling). iii. Automobile dealers (5511 and 5599). iv. Automobile parking (7521), tow-in parking lots only. v. Automotive services (7549). vi. Automotive repair services (7532-7539). vii. Boat dealers (5551). viii. Building construction (1521-1542). ix. Car washes (7542). x. Carpentry and floor work contractors (1751-1752). xi. Communication towers. xii. Concrete work (1771). xiii. Correctional institutions (9223). xiv. Electrical contractors (1731). xv. Equipment Rental and Leasing, Not Elsewhere Classified (7359 — airplane rental and leasing; industrial truck rental and leasing; oil field equipment rental and leasing; oil well drilling equipment rental and leasing; and toilets, portable: rental and leasing only). xvi. Farm product raw materials (5153-5150). xvii. Fuel dealers (5983-5989). xviii. Gasoline service stations (5541). xix. Glass and glazing work (1793). xx. Golf courses, public (7992). xxi. Heating and air-conditioning contractors (1711). xxii. Heavy construction equipment rental and leasing (7353). Page 10 of 42 Wordsstruckgh are deleted,words underlined are added. xxiii. Installation or erection of building equipment contractors (1796). xxiv. Local trucking without storage (4212). xxv. Marinas (4493 and 4499). xxvi. Masonry, stonework, tile setting and plastering contractors (1741- 1743). xxvii. Mobile home dealers (5271). xxviii. Motion picture theatres, drive-in (7833). xxix. Motor freight transportation and warehousing (4225). xxx. Motor vehicle dealers, new and used (5511, 5521). xxxi. Motorcycle dealers (5571). xxxii. Outdoor storage yards. xxxiii. Packing Services (4783). xxxiv. Painting and paper hanging (1721). xxxv. Passenger car leasing (7515). xxxvi. Passenger car rental (7514). xxxvii. Plumbing contractors (1711). xxxviii. Recreational vehicle dealers (5561). xxxix. Roofing, siding and sheet metal work contractors (1761). xl. Special trade contractors, not elsewhere classified (1799). xli. Structural steel erection contractors (1791). xlii. Taxicabs (4121). xliii. Truck rental and leasing, without drivers (7513). xliv. Veterinary services (0741 & 0742, with outdoor kenneling). xlv. Utility trailer and recreational vehicle rental (7519). b. Additional prohibitions for the GGPOD-DT only. No automatic food and drink vending machines located outside of a building. Page 11 of 42 Words struckugh are deleted,words underlined are added. ii. Enameling, painting, or plating as a principal use is prohibited; however, these are permitted if accessory to an artist or craft studio. iii. Prisons, detention facilities, halfway houses, soup kitchens, homeless shelters, and single-room occupancy hotels, which are dormitory-style hotels with shared bathrooms and public space. E. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO). 1. The provisions of the "GGPPOCO" district are intended to provide Golden Gate . , districts. 2. These regulations apply to properties north and south of Golden Gate Parkway, • a. Permitted Uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Banks and credit Unions (6021 6062). 7. Bookkeeping services (8721). 8. Business associations (8611). 9. Business consulting services (8718). 11. Commercial art and graphic design (7336). 12. Commercial photography (7335). 13. Computer programming services (7371). 14. Computer programming, processing, data preparation, information {7371, 7374 7376, 7379). 15. Credit reporting services (7323). 16. Direct mail advertising services (7331). 17. Eating places (5812 except carry out restaurants; contract feeding; dinner theaters; drive in and drive through restaurants; saridwich"shaps), 18. Employment Agencies (7361). Page 12 of 42 Words struck through are deleted,words underlined are added. 19. Engi veering services (871 1 21. Holding and other investment offices (6712-6799). 22. Insurance carrier, agents and brokers (6311 6399, 6111). 23. Legal cervices (8111). 21. Loan brokers (6163). 25. Management services (8741-8712). 26. Mortgage bankers and loan correspondents (6162). 27. Museums and art galleries (8412). 28. Personal credit institutions (6141). 29. Photographic studios, portrait (7221). 30. Professional Membership organizations (8621). 31. Public administration (9111-9199, 9229, 9311, 9411-9451, 9511 9532, 9611 9661). 32. Public relations services (8743). 33. Radio, television and publishers advertising representatives {7313). 31. Real estate (6512 6511, 6519, 6531 6553). 35. Research, development, and testing services (8732). services (6211 6289). 38. Surveying services (8713). naration services• (7291 410. Travel agencies (1724). 411. Veterinary services (0742, excluding outside kenneling). 412. Any other commercial use which is comparable in nature with the list of permitted uses, and consistent with the purpose and intent statement of the overlay, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Accessory Uses. 1. Uses and structures that arc acccs .ory and incidental to the permitted uses. . . * * * * * * * * * * * * O. Reserved. Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate the Golden Gate Area Master Plan and as contained herein. 1. Applicability. These regulations apply to properties in Golden Gate City lying Place / to the nortl l A5th Street SW to the •vest nd Al ct Street SW and e the west nd4, tgtStreet SW to the-east. These properties are more precisely �-.ram-Q,T �� Page 13 of 42 Words truck gh are deleted,words underlined are added. the Golden Gate Area Master Plan and as depicted on the applicable official . . , ,allowed in the „nderlying zoning districts 2. Purposo and Intont. The purpose and intent of this overlay district (sec herein in order to improve the physical appearance of the area and create a Estates. Emphasis shall be placed on the • overlay district are intended to promote resident business ownership. The provisions of this overlay district arc intended to ensure gs at a pedestrian overlay 3. Aggregation of Properties. This overlay district encourages the aggregation of properties in order to promote flexibility in site design. The types of uses sere the needs—ef—;es�dents—within the overlay district surrounding 4. Permitted uses. a. Residential uses: As permitted by right in the existing residential zoning dictrists, except as otherwise prohibited by this overlay, when: 1. In an existing owner occupied structure. 2. In an existing non-owner occupied structure, until such time as b. Residential within a mixed use building c. Commercial uses: 1. Accounting services (8721). 2. Adjustment and collection services (7322). 3. Advertising Agencies (7311). 4. Apparel & accessory stores (5611 5699). floor. 6. Auto and home supply stores (5531). 7. Barber shops (7211). 8. Beauty shops (7231). 9. Building cleaning and maintenance services (73,19). 10. Business associations (8611). 11. Business consulting services (8748). 12. Business services miscellaneous (7397). Page 14 of 42 Words struck-through are deleted,words underlined are added. 13. Business repair service. 11. Carpet and upholstery cleaning (7217). 15. Commercial art and graphic design (7336). 16. Commercial photography (7335). 17. Computer programming, data processing, rental, leasing, repair and other services (7371 7379). 18. Computer and computer software stores (5731). 19. Credit reporting services (7323). 20. Department stores (5311). 21. Direct mail advertising services (7331). 22. Disinfecting and pest control services (7312). 23. Drug stores (5912), limited to 5,000 square feet per floor. 24. Eating establishments and places (5812 except commercial use employing drive up, drive in, or drive through delivery of goods and/or services). 25. Electrical and electronic repair shop (7629). 26. Employment agencies (7361). 27. Engineering services (8711), limited to 5,000 square feet per floor. 28. Equipment rental and leasing (7359), not including heavy 29. Essential services, see sec. 2.01.03; except that law enforcement, fire, and emergency medical services uses are limited to 30. Food stores (groups 5111 5199). 31. Funeral service and crematories (7261). 32. General merchandise stores (5331 5399). 33. Glass stores (5231). 31. Hardware stores (5251). 35. Health services, offices and clinics (8011 8049). 36. Home furniture and furnishing stores (5712 5719). 37. Home health care services (8082). 38. Household appliance stores (5722). 39. Insurance carriers, agents and brokers (6311 6399, 6411). 10. Labor unions (8631). 11. Landscape architects, consulting and planning (0781), limited to 5,000 square feet per floor. 12. Large Appliance Repair Service (7623). 13. Laundry and drycleaners agents, garment pressing, linen supply, cleaning services (7212, 7213, 7219); no coin operated laundries or drycleaners. 411. Legal services (8111). 45. Libraries (8231). 16. Management services (8711, 8712). '17. Medical equipment rental and leasing (7352). 18. Membership organizations miscellaneous (8699). 19. Museums and art galleries (8112). 50. Musical instrument stores (5736). 51. Outdoor advertising services (7312). 52. Paint stores (5231). described as a small area accessible to the general public that often includes plantings, fountains, seating areas, and other similar passive open space features. Page 15 of 42 Words struck through are deleted,words underlined are added. 5'l. R es lines miss cc� n (779� babysittinn b heal clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical 55. Personnel supply services (7363, except labor pools). 56. Photocopying and duplicating services (7331). 57. Photofinishing laboratories (7384). 58. Photographic studios, portrait (7221). 59. Physical fitness facilities (7991). 60. Political organizations (8651). 61. Professional membership organizations (8621). 62. Public relations services (87143). 63. Radio, television and consumer electronics stores (5731). 64. Radio, television and publishers advertising representatives (7313). 65. Record and prerecorded tape stores (5735). 66. Real estate (6512, 6531, 6541). 67. Retail miscellaneous (5921 5963 and 5992 5999, excluding lion for store pawn shuns retail Firearm and ammo nition_sales\ limited to 5,000 square feet per floor. 68. Retail nurseries, lawn and garden supply stores (5261). 69. Schools vocational (8213-8299). 70. Secretarial and court reporting services (7338). 71. Security and commodity brokers, dealers, exchanges, and cervices (6211 6289). 72. Shoe repair shops or shoeshine parlors (7251). 73. Surveying services (8713), limited to 5,000 square feet per floor. 7'I. Tax return preparation services (7291). 75. United States Postal Service (4311, except major distribution center). 76. Videotape Rental (7841), limited to 1,800 square feet of gross floor area. 77. Wallpaper stores (5231). 78. Watch, clock and jewelry repair(7631). below. a. Caretaker's residence, accessory to commercial and mixed use projects oY- b. Enameling, painting, or plating, accessory to an artist's studio or craft fly. c. Play areas and playgrounds. d. Recreational facilities. 6. Conditional uses. Conditional uses within the GGDCCO include the uses listed below, subject to the standards and procedures established in section 10.08.00. a. Auctioncering Services, auction rooms and houses (5999, 7389); limited to 5,000 square feet per floor. Page 16 of 42 Words s*r•^' =are deleted,words underlined are added. b. Community centers. c. Dance studios, schools, and halls (7911). d. Food stores (5411 5,199), over 5,000 square feet. c. Motion picture theaters (7832). f. Outdoor dining areas, not directly abutting the Golden Gate Parkway 7 Prohibi♦ Prohibited uses within the G� ^ e u ec. listed ��-rQTr., e���esr,-,vrrtvrc�a—Q'v�'Q--•- r ,�,-r�,d�BGb�-i�}s l{��e�-th�Q-�ca�rQrGQ below : a. New residential only structures. b. Any commercial use employing drive up, drive-in or drive-through delivery of goods or services. c. Sexually oriented businesses (Code of Laws 22 1- 1-eroe - permitted if secondary to an artist's or craft studio. c. Singlc room occupancy hotels, prisons, detention facilities, halfway houses, soup kitchens or homeless shelters. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES Section 2.05.01, Density Standards and Housing Types, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. Housing Type: Single- Duplex Townhouse Multifamily Mobile Cluster Guest Caretaker Timeshare Recreational Maximum Zoning District: family Home House Units vehicles' Density2'" (number allowed) (units per gross acre) * * * * * * * * * * * * GGDCCO Per the GMP andleF4he GGPOD g zoning distrist SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.26 DESIGN STANDARDS FOR THE GOLDEN GATE PARKWAY OVERLAY DISTRICT (GGPOD) Page 17 of 42 Words struck gh are deleted,words underlined are added. Section 4.02.26, Design Standards for the Golden Gate Parkway Overlay District (GGPOD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.26 Design Standards For The Golden Gate Parkway Overlay District (GGPOD) A. General. 1. Unless otherwise specified, the standards contained in this section shall be applicable to all development, except for single-family dwellings (detached) and two-family dwellings on residentially-zoned lots, group housing, public schools, and any use listed as a prohibited use pursuant to LDC section 2.03.07 F.6.a. These excepted uses shall comply with the dimensional standards for principal and accessory uses in the underlying zoning district and all other applicable standards of the LDC. 2. The provisions of LDC section 4.02.38 shall not apply to properties in the GGPOD. 3. LDC provisions of LDC section 5.03.02 H. shall not apply to properties in the GGPOD. 4. The provisions of LDC section 5.05.07 shall not apply to townhouse development in the GGPOD. 5. The provisions of LDC section 5.05.08 shall not apply to "vertical mixed use" projects in the GGPOD, except for the following standards: a. LDC section 5.05.08 D.B. (overhead doors); b. LDC section 5.05.08 D.15. (neon tubing); c. LDC section 5.05.08 E.B. (parking structures), which shall be in accordance with LDC section 4.02.26 B.9. d. LDC section 5.05.08 F.3. (pedestrian pathways); e. LDC section 5.05.08 F.4. (service function areas and facilities); f. LDC section 5.05.08 F.6. (drive-through facilities location and buffering standards); and q. LDC section 5.05.08 F.7. (lighting). B. Architectural, building, and site design standards. 1. Table 1. Dimensional Requirements in the GGPOD. Page 18 of 42 Words strusIE-through are deleted,words underlined are added. Residential Use Non-Residential Use and Mixed Use Townhouse: 2,000 Min. Lot Area (square feet) (per unit); 10,000 Multi-Family: 10,000 Min. Lot Width (linear feet) Townhouse: 20 100 Multi-Family: 100 Max. Floor Area Ratio N/A 0.90 (hotels only) Min. Floor Area (square feet Efficiency: 450 per unit) 1 Bedroom: 600 N/A 2+ Bedroom: 750 _Max. Building Coverage (%) 100 Required Yards Min. Front Yard (feet) 0'2 Max. Front Yard (feet) 15 Min. Side Yard (feet) 01 �Min. Rear Yard (feet) 5 Max. Zoned Height (feet) GGPOD-AC Townhouse: 45 75 Multi-Family: 75 Townhouse: 453 s GGPOD-DT Multi-Family: 60 60 Notes: ' No building, appurtenance, or site design element listed in LDC section 4.02.01 D., or any outdoor seating areas shall project beyond the property line or be placed into a right-of-way. 2 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists, or be designed with combination of planting, seating, or hardscaped areas. 3 Or in conformance with the maximum height allowed by the underlying zoning district, whichever is greater. 2. Terminating vistas. Buildings or projects that terminate a vista at the end or turning point of any street or pedestrian path shall include design features to emphasize the importance of the view. Examples of design features include but are not limited to tower elements, porte-cocheres, and cupolas. 3. Blank walls. Building wall areas must be interrupted with a minimum of an opening or relief work every 120 square feet, measured both horizontally and vertically. Examples of relief work may include but not be limited to stucco reveals, foam decorative banding, planted trellises, or other design treatments. 4. Roof material. Asphalt shingles are prohibited. 5. Exterior building facade materials. Corrugated or metal panels are limited to no more than 33 percent of exterior building facades (not applicable to roofs). 6. Architectural massing. Transitional massing elements specified in LDC section 5.05.08 D.3. shall be provided on proposed buildings in the GGPOD that are Page 19 of 42 Words struel ough are deleted,words underlined are added. twice the height or more of adjacent residential development located external to the GGPOD or twice the height or more of the maximum height allowed on adjacent residentially-zoned properties that are external to the GGPOD. 7. Streetscape design of buildings. The standards contained herein are applicable to all properties fronting on existing rights-of-way that are 60 feet in width or greater or on new streets of any width platted after f the adoption date of this ordinance) pursuant to LDC section 4.02.26 D. a. Design features at intersections. Buildings located at the intersection of two or more arterial, collector, or new streets platted after fthe adoption of this ordinance) shall include design features to emphasize their location as gateways and transition points within the community. Examples of required design features include but are not limited to tower elements, public plazas, or courtyards. b. Windows. The ground floor of non-residential buildings shall have at least 60 percent of its facade designed with windows to provide visual interest for pedestrians and to serve as a deterrent to crime. c. Building entrances. Buildings located along public or private streets must be designed with main entrances for pedestrians clearly defined and oriented to the street. 8. Landscape. Landscaping and buffering shall be provided in accordance with LDC section 4.06.00 at time of SDP or PPL, except as follows: a. Buffers. No landscape buffer shall be required along the perimeter of any lot line, except where such lot consists of a nonresidential use and is adjacent to lands located outside the GGPOD and zoned for single-family residential dwellings. In this instance, a minimum five-foot wide planting strip with shrubs and trees shall be required. Shrubs shall be no less than five feet in height and spaced a maximum of four feet on-center at the time of planting. Trees shall be a minimum of 10 feet in height, four feet in spread, 1-3/4-inch caliper, and spaced a maximum of one per 25 linear feet. These landscape buffers may be interrupted to provide for pedestrian access only. b. Parking lots, vehicular use area, and service function areas. Landscaping for off-street parking lots, vehicular use areas, and service function areas shall be designed in accordance with LDC section 4.06.03, except for the following_ Interior of parking lot. a) A maximum of 30 percent of the landscape islands may have a minimum width of five feet inside planting area. b) Plantings within parking lots shall be a maximum of 25 percent turf grass. The balance shall be shrubs or groundcover in planting areas appropriate to the design. ii. Perimeter of parking lot, vehicular use area, or service function area. The perimeter shall have a five-foot wide perimeter planting Page 20 of 42 Words struck41%6k-through are deleted,words underlined are added. area, exclusive of curbing. The perimeter planting area shall be designed in accordance with the following: a) Trees a minimum of 10 feet in height, four feet in spread, 1-3/4-inch caliper, and spaced a maximum of one per 25 linear feet. b) Shrubs arranged in a staggered pattern with a minimum size of three gallons, spaced no more than three feet on- center at the time of planting to provide year-round screening. Where the perimeter planting area abuts lands outside the GGPOD and zoned for single-family residential, the shrubs shall be no less than five feet in height and spaced four feet on-center at the time of planting. c) Perimeter planting strips may be interrupted to provide for driveway openings or for pedestrian access points. c. Building foundation plantings. Buildings, including parking structures with ground floor commercial or residential along the front facade, shall be required to have foundation plantings designed in accordance with LDC section 4.06.05, except for as follows: a) The minimum required planting area shall be the equivalent of 10 percent of the gross ground floor area of the building. b) As an alternative to providing a continuous building foundation planting width, the planting areas shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. c) It is unnecessary to provide foundation plantings along facades where the building is setback less than five feet from the property line; however, the minimum size of the required planting area shall still be required and re- allocated elsewhere on-site. d) None of the required foundation plantings shall be located within perimeter buffers or within parking lot, vehicular use, or service function areas. ii. Stand-alone parking structures and parking structures designed without ground floor retail or residential uses along the front facade shall provide foundation landscaping in accordance with LDC section 4.06.05 C., except that the minimum width of the planting bed shall be 10 feet. 9. Signage. The sign standards of LDC sections 5.06.02 and 5.06.04 shall apply to all mixed use and non-residential projects within the GGPOD. In addition, the Page 21 of 42 Wordsstrusk-threugh are deleted,words underlined are added. following provisions shall apply to all wall, awning, ground, blade, and menu signs for all nonresidential and mixed use projects: a. Signs on awnings can be combined and calculated with wall signs, to the extent that signs on walls and awnings shall not exceed the maximum square footage allowed for wall signs. b. Graphic elements, logos, mosaic tiles, or names created in flooring immediately outside the front entrance with a maximum size of six square feet are allowed. c. Non-illuminated plaques shall be allowed subject to the following: Each business may mount a maximum of two plaques at their front entrance with each plaque restricted to a maximum of two square feet. Plaques must be flush or pin-mounted on the storefront or facade. ii. A plague with a maximum size of two square feet may be mounted at the exit door of each business. The purpose of this plaque is to identify the business name or address for emergency response or for the delivery of goods. d. A wall sign not to exceed three square feet is allowed in connection with a walk-up or take-out window. This sign shall not count toward the maximum size or number allowed for wall signs. 10. Open space. a. In order to promote a vibrant, walkable, urban community, the GGPOD public open space standards are intended to concentrate open space in structured, functional, and usable spaces that are nodes along connected pedestrian paths or corridors that are accessible to the public. b. The standards of LDC section 4.02.01 B. shall apply, except that a minimum of 15 percent of the gross area shall be devoted to useable open space as follows: Residential developments on parcels 2.5 acres or greater; or ii. Commercial, Economic Development, and mixed use projects on five acres or greater. c. Usable open space, as defined in LDC section 1.08.02, shall also include publicly accessible site features, such as pedestrian and walking paths, plazas, and passive furnishings. Passive furnishings include but are not limited to benches, pavilions, and picnic areas. Pervious trail links connecting within or across open spaces may count toward the requirement of usable open space. Lakes, detention areas with publicly accessible sidewalks or other impervious paths, and active recreation fields or courts that are accessible to the public may be counted toward the required public open space. Page 22 of 42 Words struck a=eugh are deleted,words underlined are added. 11. Pedestrian pathways. Pedestrian pathways required in accordance with LDC section 5.05.08 F.3. shall be a minimum of six feet in width. 12. Exterior lighting. a. Public paths shall be clearly marked by using design elements such as landscaping and pedestrian lighting. b. Illumination levels in the GGPOD shall not exceed 0.5 footcandles at property lines where adjacent to residential development that is external to the GGPOD or residentially-zoned property that is external to the GGPOD, excluding where required pursuant to LDC section 6.06.03. 13. Public transit facilities. In addition to the off-site improvements required in LDC section 6.06.02 A., where a bus stop is located immediately adjacent to the subject property or where a property abuts a bus route, a landing pad, bicycle storage rack, and bus stop identification sign, all of which approved by CAT, shall be provided by Developer at no cost to the County in the adjacent right-of-way or within a dedicated easement, for all new development and redevelopment projects proposing more than 50 dwelling units or 10,000 square feet of a non- residential use. If these CAT facilities exist, the County Manager or designee may waive this requirement. 14. Pollution control. Any discharge from industrial, commercial, or manufacturing processes to a stormwater or surface water management system is prohibited. Wastewater from any industrial, commercial, or manufacturing process must be contained within a building or disposed of through the Collier County Water- Sewer District's wastewater collection system pursuant to the Collier County Industrial Pretreatment Ordinance, (Ord. No. 2003-18, as amended). 15. Service function areas and facilities. The provisions of LDC section 5.05.08 F.4. shall apply, except that loading docks, solid waste facilities, recycling facilities, and other services elements shall be placed to the sides or rear of the building. Service function areas shall be screened along rights-of-way in accordance with LDC Section 4.02.26 B., where applicable. 16. Off-street parking and loading. Unless otherwise specified, all parking and loading standards shall comply with LDC Section 4.05.00. In addition, the following provisions shall apply: a. Location of parking lots. The design of off-street parking lots shall comply with the provisions of LDC section 5.05.08 F.2 except that parking lots, vehicular use areas, and service function areas shall be located to the sides or rear of buildings. b. Driveways for single-family attached dwelling units. Where a lot abuts an alley and the rear yard accommodates the driveway and unenclosed parking of vehicles in accordance with LDC section 4.02.03 D., the minimum length of such driveway shall be 23 feet. c. Screening from abutting rights-of-way. Off-street parking lots and vehicular use areas shall be screened along rights-of-way in accordance with LDC section 4.02.26 B.B., where applicable. Page 23 of 42 Wordsstruck gh are deleted,words underlined are added. d. Spaces required. Hotels shall provide one space per hotel room. ii. All other non-residential uses shall provide a minimum number of parking spaces equal to one space per 1,000 square feet. e. Reductions to the number of required spaces. Off-street parking requirements shall be reduced cumulatively by the following provisions, when applicable: a) No additional off-street parking is required for outdoor dining or outdoor restaurant seating areas. b) For mixed use projects, the required number of residential off-street parking spaces is reduced by 10 percent. c) The minimum number of spaces required shall be reduced by the County Manager or designee when it has been determined that the reduction is necessary to preserve an existing healthy tree or trees (with a 12-inch or greater diameter at breast height) from being damaged or removed, and where the SDP provides for the retention of said tree or trees. ii. Off-street parking requirements shall be further reduced by applying only one of the following provisions: a) If the subject property is located within the GGPOD-AC and within 330 feet of an improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site, the required number of off-street parking spaces shall be reduced by 20 percent; b) If the subject property is located within the GGPOD-DT and within 330 feet of an improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site, the required number of off-street parking spaces shall be reduced by 10 percent; or c) If a public transit facility, such as bus shelter, bus transfer facility, or park and ride accommodation, is provided on- site and in coordination with and accepted by the Collier Area Transit, or if a bike-share station or ride-share pick up/drop off zone is provided on-site, the facility shall substitute for a portion of the standard required off-street parking spaces. The total percentage of parking reduction shall only equal a maximum of 30 percent of the minimum required off-street parking spaces. The County Manager or designee may approve an alternative parking credit if the applicant provides a site-specific analysis of the Page 24 of 42 Words struckghh are deleted,words underlined are added. projected frequency of passenger or patron use demonstrating a greater off-set of parking spaces is warranted. f. On-street parking. Where on-street parking exists or is permitted, a development shall count the spaces directly abutting the site's frontage toward the minimum parking requirement; however, the on-street parking spaces are considered public spaces and are not for the exclusive use of the adjacent use. q. Parking structures. Parking structures shall comply with LDC section 5.05.08 E.8, except that building foundation landscaping shall be provided in accordance with LDC section 4.02.26 B.8.c.ii. ii. Parking structure facades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. iii. Freestanding light fixtures on the top level of the parking structures shall be a maximum of 20 feet in height and setback from the perimeter of the structure a minimum distance of twice the height of the light fixture. Light fixtures shall be fully shielded to contain light to the surface of the deck only. h. Bicycle parking. Bicycle parking shall apply to all commercial, mixed use, and Economic Development uses. Bicyclists shall have access via sidewalks, pathways, or driveways to the public right-of-way and be located as provided below: Parking structures. Required bicycle parking shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. ii. 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. iii. Right-of-way. Bicycle parking may be located within the public right-of-way of a new local street platted after (the adoption date of this ordinance), provided a minimum clearance of five feet is maintained for pedestrian access. iv. Shared bicycle parking. Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. 17. Drive-Up, Drive-In, or Drive-Through Delivery of Goods or Services. a. A drive-up, drive-in, or drive-through facility is a design feature of a building or site of a commercial use. A facility may include but is not Page 25 of 42 Words smock t hrough are deleted,words underlined are added. limited to a building opening, such as windows and doors, mechanical devices, and vehicular stacking lanes. b. This design feature shall be prohibited in the GGPOD-DT, pursuant to the GGAMP. c. In the GGPOD-AC, no use, except a bank, shall have a drive-up, drive-in, or drive-through facility. d. Existing drive-through facilities, as of [effective date of Ordinance) may continue to operate until the use ceases for a period of one year. e. Pedestrian walk-up windows located outside of the building are not considered to be drive-through facilities and shall be allowed. C. Additional design standards for the Economic Development uses in the GGPOD. The following design standards shall be applicable to all Economic Development uses identified in Table 1 of LDC section 2.03.07 F.S.: 1. Loading areas. All loading areas shall be oriented away from adjacent residential uses, except for where obstructed by an intervening building. 2. Outside storage and display. No outside storage and display shall be permitted except when approved as part of a temporary/special event in accordance with LDC section 5.04.05. 3. Operations. a. All activity associated with the uses in this category shall be conducted within a fully enclosed building. Activity includes but is not limited to the following: The use or storage of any fixed or movable business equipment; ii. The use, storage, display, sale, delivery, offering for sale, production, or consumption in any business, or by any business invitee on the premises of the business, of any goods, wares, merchandise, products, or foods; or iii. The performance of any work or services. b. All Economic Development use operations and equipment, including accessory process equipment, such as compressors and air handlers, shall be contained in an enclosed structure. 4. Noise. No Economic Development use shall produce noise exceeding the sound level limits for Commercial or Tourist uses as set forth in the Collier County Noise Control Ordinance No. 90-17, as amended. 5. Odors. No Economic Development use shall cause or allow the emission of odor. Page 26 of 42 Words t uelE gh are deleted,words underlined are added. 6. Vibrations. No use shall operate to produce ground vibration noticeable by a reasonable person with normal sensitivity, outside the building for single-use buildings or outside the Economic Development use space inside mixed use and multi-tenant buildings. 7. Smoke and particulate matter. No Economic Development use shall discharge outside the building for single-use buildings or outside the Economic Development use space inside mixed use and multi-tenant building any toxic or noxious matter in such a concentration that will endanger the public health, safety, comfort, or general welfare. 8. Electrical disturbance. No Economic Development use shall create any electrical disturbance which interferes unduly with the normal operation of equipment or instruments or which is reasonably likely to cause injury to any person located inside or outside building. 9. Appearance. Industrial/factory buildings shall be designed in accordance with the provisions of LDC section 5.05.08., excluding the exceptions, modifications, and additions listed in LDC section 5.05.08 E.7.b through h. In addition, rooftop mechanical equipment shall be fully screened by parapets or other methods of screening and such parapets or other screening material shall not exceed 10 feet in height. D. Design of new streets and alleys in the GGPOD. The standards contained herein are applicable to all new streets and alleys in the GGPOD. 1. Streets. a. Streets are intended to form a modified grid to provide continuous pedestrian walkways. The street network corresponds to a mix of uses and a higher level of building and site design standards, in order to promote pedestrian comfort and movement of bicycles and to foster a vibrant urban realm. b. These standards shall apply to new streets in the GGPOD platted after [the adoption date of this ordinancel. Streets shall be a minimum of 66 feet in width and comprised of the following: Eight-foot wide sidewalks; ii. Five-foot wide street tree planting zones containing cut-outs for trees, located between the sidewalks and the Type F curbs. Lighting fixtures shall be provided within the street tree planting zone and located to avoid conflict with street trees. Any at-grade surface area within the street tree planting zone that is not occupied by a tree or light fixture shall be ADA compliant. Light fixtures shall be consistent with the decorative lighting identified in the Golden Gate Community Roadways Beautification Master Plan. If such lighting is unavailable, similarly themed lighting shall be used. Tree cut-outs shall be designed as follows: a) Placed abutting the FDOT Type F curb; Page 27 of 42 Words tru^Lh are deleted,words underlined are added. b) Minimum at-grade dimension of five feet with a minimum area of 25 square feet; c) Contain sufficient volume of soil necessary to promote a healthy tree and directing roots away from sidewalks through the use of structural soils or modular suspended pavement systems. If the option of structural soil is utilized, a minimum of two cubic feet of structural soil per square feet of mature tree crown protection shall be provided; and d) Spaced 40 feet on center with trees having a minimum average mature canopy spread of 20 feet and an eight-foot vertical clearance for pedestrians. iii. Type F curbs, designed in accordance with current FDOT Design Standards; iv. On-street parking areas containing eight-foot wide by 23-foot long parallel parking spaces; and v. Vehicular travel lanes 10 feet in width. c. Public utility and drainage infrastructure may be placed in the right-of-way of new streets platted [after the adoption date of this ordinancel in the areas designated below and subject to the following restrictions: Storm and sanitary sewers shall be located within the travel lanes. Where both are present, parallel sewers shall be constructed with junction boxes and manholes centered in either travel lane. Where only one is present, structures may be located at the centerline of the roadway or centered within either travel lane. On curves, sufficient structures shall be provided to facilitate pipeline alignments that achieve minimum horizontal separation criteria found in FAC 62-555.314(1). Where feasible, sewer laterals and storm drains shall connect to sewer mains at right angles to facilitate perpendicular crossings with other utilities in the right-of- way and to minimize proximity to tree roots. ii. Potable water and sanitary sewer force mains shall be located between the travel lanes and the street tree planting zones, on opposite sides of the roadway. The main shall be centered underneath the on-street parking, four feet from both the gutter and the travel lane. iii. Other underground utilities shall be underneath the sidewalks. iv. Above-ground structures and appurtenances shall be placed in the street tree planting zone, outside the tree cut-outs and no closer than five feet to any street tree. 2. Alleys. Alleys are intended to function as accessways to off-street parking lots, vehicular use areas, and services areas. New alleys, including the width of the Page 28 of 42 Words stfuek-thfough are deleted,words underlined are added. paved area, shall be a minimum of 20 feet in width. The standards related to the streetscape design of buildings in LDC section 4.02.26 B.7. are not applicable along alleys. E. Deviation requests for projects in the GGPOD. 1. Purpose and Intent. Property owners in the GGPOD may request deviations from certain standards, as established in LDC section 4.02.26 E.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopment on existing sites. 2. Applicability. a. The Administrative Code, Chapter 6.M. shall establish the process and submittal requirements for deviation requests in the GGPOD. Deviations in the GGPOD may be requested for new development or redevelopment projects in connection with any of the following types of applications: SDP, SDPA, or SIP as established in LDC section 10.02.03; ii. Building permit for signs as established in LDC section 5.06.11; or iii. PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. b. Unless otherwise specified, property owners shall be eligible to seek a deviation from the following code provisions: Design standards for the GGPOD: LDC section 4.02.26. All dimensional standards of this section, excluding building height, may be considered for a deviation request. In addition, deviations from non-dimensional provisions, such as from the design standards for Economic Development uses in LDC section 4.02.26 C., are also allowed. Drive-through facilities, as described in LDC section 4.02.26 B.17., are prohibited for uses in the GGPOD-DT, pursuant to the GGAMP, and ineligible for deviations. ii. Loading space requirements: LDC section 4.05.06 B. iii. Landscaping in vehicular use areas: LDC section 4.06.03 B. iv. Landscaping requirements for industrial and commercial development: LDC section 4.06.05 B.3. v. Building foundation plantings: LDC section 4.06.05 C., including Table inset. vi. Development standards for signs in nonresidential districts: LDC section 5.06.04. 3. Conflict with other relief processes. Page 29 of 42 Words struck ghh are deleted,words underlined are added. a. This section is not intended to replace the current established process of requesting deviations associated with the following: Master plan elements of the respective PUD pursuant to LDC section 10.02.13. However, the deviation process of LDC section 4.02.26 E. is available to PUD-zoned lands within the GGPOD provided that such request is based on a specific dimensional or design requirement described in LDC section 4.02.26 E.2., and provided the request further promotes compliance with the purpose and intent of the GGPOD. ii. Site plan with deviations for redevelopment projects pursuant to LDC section 10.02.03 F., unless such request is based on a dimension, site feature, or architectural standard listed under LDC section 4.02.26 E.2. iii. Deviations and alternate compliance pursuant to LDC section 5.05.08 G. iv. Post take plan application pursuant to LDC section 9.03.07 A. b. Deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 4. Evaluation criteria. When evaluating a deviation, the following criteria shall be considered: a. Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and c. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Public notice. Public notice, including signage, notice to property owners, and an advertised public hearing, is required for deviation requests and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. Page 30 of 42 Words st^u^k-thfeugh are deleted,words underlined are added. • • 2) of the Golden Gate Area Master Plan A. The following standards shall apply to all uses in this overlay district. Where a specific development criteria and standards also exist in the Golden Gate Ma..tcr Plan, or the Fu g—Lan 'a--Use—Element of the,GMo +, ey s„all supersede any loss stringent • , B. In support of the purpose and intent of the GGPPOCO a common architectural style is required for all proposed development within the overlay district. During the site trict boundaries. Such architectural above the roof line. C. Projects shall be encouraged in the form of a PUD (there shall be no minimum acreage • ate Ar a Master Plan). O. Minimum project area shall be 2 acres, E. Buildings shall be set back from Golden Gate Parkway a minimum of 40 feet and from re r lot line a minimum of 25.feet F. Buildings shall have a maximum height of 25 feet plus 10 feet for under building parking. G. Transportation. 1. Access to projects shall be provided exclusively via Golden Gate Parkway and • • 3. Projects shall provide deceleration and acceleration lanes as may be determined • requirements of the "wo /1. Projects shall encourage pedestrian traffic by providing sidewalks. Adjacent H. Signage permitted in this overlay shall be restricted to those signs permitted under section 5.06.00 the Colli Page 31 of 42 Words stfuelE-thfeugh are deleted,words underlined are added. Landscaping. 1. Projects shall provide a ten (10) foot buffer between vehicular right of way and 7 • minimum canopy of fifteen (15) feet at maturity. In addition, a hedge or berm landscaped to provide visual relief. One (1) tree, as described in section 4.02.26 SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO) Section 4.02.37, Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.37 Reserved. these standards shall supersede any less stringent requirement or place additional • • • • district. 2. Multi story buildings. a. Only retail, personal service, and institutional uses are allowed on the first floor. Page 32 of 42 Words struckstivelE-thr-eugh are deleted,words underlined are added. • lounges, are allowed on the second floor. c. Only residential uses are allowed on the third floor. 1. Setbacks. a. All development and redevelopment on lots abutting Golden Gate rd and setback of no more than 15 feet. All restaurant seating, and/or open space areas such as other seating, cept that water management retention and detention ar as arc prohibited b. All development and redevelopment on properties in the overlay area not , c. Side yard setback shall be a minimum of 5 feet. d. Rear yard setback shall be no le:s than % of the building height, with a 5. Building footprint limits. 6. Minimum floor area Residential. 7. Minimum height. The zoned height of buildings shall be no less than 31 feet. feet. 9. Crime Prevention Through Environmental Desig Golden Gate community supports the CPTED philosophy as a way to reduce ct, consistent with the provisions in this overlay and as identified below Page 33 of 42 Words tr ' ugh are deleted,words underlined are added. • Mediterranean architectural style, with barrel tile roofs, stucco facades, archco c development plan • as provided herein. 11. Architectural standards. All buildings shall meet the requirements set forth in a. Buildings with frontagc on Golden Gate Parkway shall have 60 percent of d. The facades of buildings 5,000 square feet or larger shall use rooflincc least every 80 feet. e. Parapet roof treatments are prohibited. f. Flat roofs must be screened with a mansard edge barrel tile roof g. Building entrances shall be accentuated through architectural elements, 12. Outdoor display/sale of merchandise. to-buildings, • fronting on Golden Gate Parkway must provide site access from abutting local streets and may not obtain site access from Golden Gate Parkway, and where one such commercial or mixed use development provides site access at the • for joint or crops access with the abutting property or properties in order to share access and Page 34 of 42 Words struck-through are deleted,words underlined are added. a. A minimum of 3 public parking spaces for each 1,000 square feet of b. A minimum of 1.5 parking spaces for each residential unit. c. No parking is allowed in the front yard of lots abutting Golden Gate Parkway, „ere shall be no parking requirement for outdoor restaurant seating areas. c. Shared parking is required, where possible and feasible. f. Interconnection between adjacent parking lots is required, where possible and feasible. • decorative lighting fixtures illustrated in Fig. 29, page 5 9 of the Golden • outside the district shall provide lighting fixtures with full cutoff optics that direct the light source downward. i. The overnight parking of commercial vehicles, with a rated load capacity of one ton or more, is prohibited. j. The overnight parking of commercial vehicles shall be limited to 1 vehicle per 1,000 square feet of commercial floor area, not to exceed 6 5.05.08 F.1, all projects shall provide: wide, and areas for shaded seating consisting of a minimum of 100 square feet. 16. Landscaping. All commercial and mixed use projects shall meet the landscape zoning-overlay, Page 35 of 42 Words struck throug=are deleted,words underlined are added. cape planting area, except that the project's frontage along Golden Gate Parkway shall—be mpt from this requirement. The planting area shall be landscaped with: 1. shrubs and ground cover; height at time of planting; and, 2. Trees, planted one per 30 linear feet b. Internal Project Buffering. All projects that are located adjacent to a buffer per section 4.06.02 C.2. except: walls and berms are prohibited, a height with a 2 foot spread at time exempt from this requirement. , , d. Project Vehicular Use Areas. Mountable curbs shall be provided for all latest edition. b. Landscaping. All projects/ lots shall be required to provide an 8 foot wide planting area may be reduced between tree spacing to 5 feet wide, for a maximum of 50 percent of the buffer area, to accommodate street furnishings and fixtures, consistent with the Golden Gate Community Roadways Beautification Master Plan landscaped with: 1. Tur, not to exceed 50 percent of the planting area; 2. Shrubs and ground cover, at a minimum 1 , planting, a minimum 4 inch caliper with 8 feet of clear trunk and 22 feet in height. All planting materialsconsistent with Page 36 of 42 Words stale-lc-through are deleted,words underlined are added. Way. e installation and maintenaT ce-Gf-t"e of Courts. Plans shall in i. Existing conditions inventory. ii. Proposed plantings/details of planting methods and iii. Location of utilities. iv. Location of drainage facilities. v. Irrigation proposal, including water connections. the-Fectuirecklandscape strip identified in "b." above and the property line. in the Golden Ga may-be-substituted for portions of s' such portion on their 18. Address numbers. Address numbers shall be 8 inches in vertical height and shall 20. Lighting. As described and provided in the Golden Gate Community Roadways Internal Pr s �IQhting n _j all use-architectural decorative adjacent to the building (e.g. entryway, courtyards, etc.) to a Page 37 of 42 Words struckt'"�ough are deleted,words underlined are added. in a manner that direct glare or other interference Street/Roadway I ighting ^rchitectural decorative lighting shall be used be ri +on he decorative' n+i g id icd as Figure 29 on Plan, more specifically identified as the Lumec Domus Series (DMS50 7 0M ' G3 i180 I B DL CRL ' 1A A I East lighting fixturel If such Way. 21. Dumpsters. Dumpsters shall be screened and SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS Section 4.02.08, Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.08 Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts * * * * * * * * * * * * B. Applicability. All properties zoned C-1, C-2 and C-3, excluding where located in the GGPOD. These regulations shall apply to all mixed-use projects proposed within these zoning districts, subject to the design criteria set forth in this section. The design criteria address the relationship of buildings, parking, vehicular, and pedestrian movement to create a pedestrian oriented experience. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. Vehicular travelways support two-way traffic and on street parking. A logical pedestrian pathway system is provided throughout that connects the pedestrian movements from one use to another or within use areas. Building arcades and awnings are allowed to extend over the sidewalk to create shade and encourage pedestrian activity. Signage design shall be carefully integrated with site and building design to create a unified appearance for the project. Creativity in the design of signs is encouraged in order to emphasize the unique character of the project. Projects utilizing these design criteria will be developed in compliance with the LDC, except as specified herein. Page 38 of 42 Words stfueli-thretigh are deleted,words underlined are added. C. Commercial Mixed Use Design Criteria. Projects utilizing the Commercial Mixed Use option within a C-1, C-2, or C-3 Zoning District shall comply with the following standards and criteria: 1. These design criteria are applicable to the C-1 through C-3 zoning districts, excluding where located in the GGPOD. * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4.05.02, Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.02 Design Standards * * * * * * * * * * * * E. Access shall meet the following standards: 1. Be arranged for convenient and safe access of pedestrians and vehicles. 2. Off- street parking areas must be accessible from a street, alley or other public right-of-way. 3. Access via a rear property right-of-way shall be required if available in lieu of direct access. 4. Except for properties located in the GGPOD, €er any nonresidential development which abuts an alley, a maximum of ten (10) parking spaces, not to exceed thirty (30%) percent of the required parking for the proposed use, may be accessed solely from the alley. Said parking spaces shall be clearly marked and arranged in such a manner so that each parking space meets the minimum size required in section 4.05.02 of this LDC. Additionally, these spaces shall be arranged in a manner which allows for full compliance with any required landscaped buffer requirement. These spaces shall be for the exclusive use of employees and service vehicles and shall be clearly designated as such by appropriate signage. F. Be arranged so that no vehicle shall be forced onto any street to gain access from one aisle to another aisle. All off- street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches, and for townhouses and multi-family dwellings in the GGPOD where access is provided from the rear yard from an abutting alley. * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING Section 5.05.04, Group Housing, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 39 of 42 Words struck throes are deleted,words underlined are added. 5.05.04 Group Housing * * * * * * * * * * * * C. Table of site design standards for category I and category II group care facilities: * * * * * * * * * * * * * Special setback requirements 25 feet of a road right-of-way line'- for property abutting roadways 1 For properties located in the GGPOD, the front setback shall be in accordance with LDC section 4.02.26 B.1. D. All other care housing environments as defined in this Code, including, but not limited to, care units , assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district. * * * * * * * * * * * * * 2. No structure shall be erected within twenty (20) feet of any abutting lot or parcel which is zoned residential, nor within twenty-five (25) feet of a road right-of-way, except for properties within the GGPOD, the front setback shall be in accordance with LDC section 4.02.26 B.1. * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS Section 5.05.08, Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * E. Design standards for specific building uses. * * * * * * * * * * * * * 7. Industrial/factory buildings. a. Applicability. All standards listed in LDC section 5.05.08 are applicable with the following exceptions, modifications, and additions. However, the provisions contained in LDC section 5.05.08 E.7.b. through h. below shall not be applicable to industrial/factory buildings located within the GGPOD. * * * * * * * * * * * * * Page 40 of 42 Words struck-through are deleted,words underlined are added. SUBSECTION 3.J. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Section 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.06 Public Notice and Required Hearings for Land Use Petitions * * * * * * * * * * * * * R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F and deviations in the GGPOD, pursuant to LDC section 4.02.26 E. 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. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. b. Mailed Notice prior to the advertised public hearing. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 41 of 42 Words st^u^' h are deleted,words underlined are added. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ttir ‘day of d , L`; / , . , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLI R COUNTY, FLORIDA By: { kahuty Clerk envy Tayl , Chairman Atte$signature o1y: Approved as to form and legality: J. Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/1873(2/22/21) 19-LDS-00079/220 This ordinance filed with the S r tar; of f S�}rte's�Ofic�s 1;c�� y of- i! �1 and acknowledgerne:r hot filin recei ed th" ay of Deputy CAA Page 42 of 42 Words st^u^r . h are deleted,words underlined are added. • FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State March 16, 2021 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-14, which was filed in this office on March 16, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270