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Ordinance 2023-19 ORDINANCE 2023- 1 9 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 COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY (CBIIZO) ZONING DISTRICT AND ELIMINATE THE ACTIVITY CENTER #9 OVERLAY ZONING DISTRICT, 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; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.23 SAME- DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20200002400] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on March 2, 2023, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and Page 1 of 18 Words 'r ;ugh are deleted,words underlined are added. WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on April 25, 2023, 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. VI I I, § 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§ 163.3202(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 Page 2 of 18 Words tru ''through are deleted,words underlined are added. 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 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 Page 3 of 18 Words struck through are deleted,words underlined are added. 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: * * * * * * * * * * * * * C-5 Heavy Commercial Districts CBIIZO Collier Boulevard/Interstate 75 Innovation Zone Overlay CCME Conservation and Coastal Management Element of the 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: * * * * * * * * * * * * * K. Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) 1. Purpose. The purpose and intent of the CBIIZO is to implement the goals, objectives, and policies of the Interchange Activity Center#9 and Collier Boulevard Interstate 75 Innovation Zone Overlay of the GMP and to attract and retain qualified target industry businesses as defined by Florida Statute. 2. Applicability. Page 4 of 18 Words sr-rusk-through are deleted,words underlined are added. a. This LDC section and the design standards of LDC section 4.02.23 shall apply to all properties identified by the designation "CBIIZO" on the applicable official Collier County Zoning Atlas Maps. The CBIIZO boundary is delineated on the map below. COLLIER BOULE\1 RD/IN1'ERSTAI E 75 INNO•.NTION ZONE OVERLY S. „,,j ('OI.Lf If COI N TV.F RII)I,O . t_,IloS'Pig ±0"' a1N—2F nI 1 I m °I 3W AVE Sri ;1IAYE SW _-- nj al s _ s. 42 t�d A., aW itRommtemq#4 C,ry 6aU alVDM A \y, M nolia Pawl DR lay�h DR 1 .ety 6,,.at-vDa oh,pp ' _ mo �' Tpr; 51Y ,n 1 e m 125 tY i,iMMe Ab � .... .... ? ''' u- S 47( 1._ C L.- l Ii # C 1r R. I 0' ,� al/POCO.CR 9 m �' yfl � ° L ro,«.Iw).'", tvD B it 0{ t F,000I t {2.000 I I r 4.000( Feet I EGENI) Co I.ar Boul D•vardiIntoretate i5 Innovation Zone Overlay b. Conditional Uses approved prior to [the effective date of this ordinance) that include design standards inconsistent with the provisions of the CBIIZO may elect to utilize the design standards of the CBIIZO without the re-review of the conditional use as required by LDC section 10.08.00. 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 CBIIZO, except that adherence to LDC sections 4.02.23 E. and F. shall be mandatory if the existing PUD utilizes Economic Development uses and the existing PUD does not permit the Economic Development Uses in Table 1 of LDC section 2.03.07 K.3.b. Any PUD proposed after [the effective date of this ordinance) shall apply the provisions of the CBIIZO. Page 5 of 18 Words struck through are deleted,words underlined are added. 3. 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. All Economic Development uses are allowed except in instances where the underlying zoning either lists them as prohibited or where there is an existing residential use on the same lot, parcel, or tract. b. Table 1. In addition to the uses allowed by the underlying zoning district, all properties within the CBIIZO shall be allowed the following economic development uses, subject to 3.a.: Economic Development Uses1 Apparel and other finished products P2 (2311-2399) Business services (7311-7319, 7331- 7352, 7361-7389) P Chemicals and allied products (2836, CU 2841, 2844) Communications (4812-4899 including P2 communications towers up to specified heights, subject to LDC section 5.05.09) Depository and non-depository CU institutions (6011-6163) Drugs (2833-2835) P2 Educational services (8231, 8299) CU Electronic and other electrical equipment P2 (3612-3699) 9_1 Engineering, accounting, research, P2 management, and related services f8711-8748) 10) Fabricated metal products (3411-3499) CU 11) Food and kindred products (2011-2015 P2 except slaughtering plants, 2021-2099) 12) Furniture and fixtures (2511-2599) P2 13) Guided missiles and space vehicles and CU parts (3761-3769) 14) Health services (8011-8049, 8092, 8093) CU 15) Holding and other investment offices CU (6712-6799) Page 6 of 18 Words '-•�hreuglt are deleted,words underlined are added. 16) Industrial and commercial machinery P2 and computer equipment (3511-3599) 17) Insurance agents, brokers, and service CU (6411) 18) Insurance carriers (6311-6399) CU 19) Job Training and Vocational CU Rehabilitation Services (8331) 20 Leather and leather products (3131- P2 3199) 21 Legal services (8111) P2 22 Local and suburban transit (4111-4173) CU 23 Lumber and wood products (2426, 2431- P2 2499) 24 Measuring, analyzing, and controlling P2 instruments; photographic, medical, and optical goods; watches and clocks manufacturing (3812-3873) 25 Medical and dental laboratories (8071, P2 8072) 26 Medicinal chemicals and botanical P2 products (2833 vitamins only) 27 Miscellaneous manufacturing industries P2 (3911-3996, 3999 including "additive manufacturing," as defined in ISO ASTM 52900) 28 Miscellaneous services (8999) CU 29 Motion pictures (7812-7829) P2 30 Motion pictures (7832-7833) CU 31 Motor freight transportation and P2 warehousing (4212-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations) 32 Paper and allied products (2652-2679) P2 33 Paper and paperboard mills (2621, CU 2631) 34 Printing, publishing, and allied industries P2 (2711-2796) 35 Railroad transportation (4011, 4013) CU 36 Rubber and miscellaneous plastic CU products (3021-3089) 37 Sawmills and planing mills (2421, 2429) CU 38 Security brokers, dealers, and flotation CU companies (6211) Page 7 of 18 Words 'tru^�.�� rthrough are deleted,words underlined are added. 39) Space research and technology (9661) P2 40) Stone, clay, glass, and concrete CU products (3211, 3221, 3231, 3251-3273, 3275, 3281) 41) Textile mill products (2211-2299) CU 42) Title Abstract Offices (6541) CU 43) Transportation equipment (3714, 3716, P2 3721-3751 , 3792, 3799) 44) Transportation services (4724-4783, CU 4789 except stockyards) 45) United States Postal services (4311) P2 46) Vocational schools (8243-8249) P2 47) Wholesale trade-Durable goods (5012- P2 5014, 5021-5049, 5063-5092, 5094, 5099) 48) Wholesale trade-nondurable Goods P2 (5111-5159, 5181 , 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district, 5192-5199) See LDC sections 4.02.23 E. and F. for standards that are specific to Economic Development uses, which are mandatory unless already permitted by right in the underlying zoning district. 2 Any accessory outside storage and display shall require conditional use approval, unless already permitted in an existing PUD. 4. Prohibited uses. These uses are prohibited, except that uses existing as of [effective date of Ordinance] may continue to operate 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. Homeless shelters. b. Soup kitchens. • • • entryway into the Naples urban ar , positive image as outlined • Page 8 of 18 Words struck through are deleted,words underlined are added. 1. All buildings and projects that are subject to the requirements of section 5.05.08 of this LDC. internal to industrial PUD zoned project, that are located no less than 200 feet from the public street. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 4.02.23 — DESIGN STANDARDS FOR THE COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY (CBIIZO) Section 4.02.23 — Design Standards for the Collier Boulevard/Interstate 75 Innovation Zone Overlay, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.02.23— Design Standards for the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) A. General. The standards contained in this section shall be applicable to all development in the CBIIZO, except for residential-only uses. These standards apply to all property and replace the standards applicable to the underlying zoning district where there is a conflict unless otherwise provided for in LDC section 2.03.07 K.2. B. Building design standards. In addition to the requirements of LDC section 5.05.08, buildings shall have features that characterize the area character themes. These elements include: 1. All primary facades of a building shall feature one or more of the following design elements listed below: a. Porch. b. Portico. c. Elevated first floor or elevated entry. d. Any other treatment which the County Manager or designee determines to represent the character themes of this overlay district. 2. Roof treatment. a. All buildings with gross floor areas of less than 10,000 square feet shall have pitched roofs. Pitched roofs shall have a minimum of 4/12 slope. Page 9 of 18 Words . ek-thre ;are deleted,words underlined are added. b. Industrial uses, and Economic Development uses listed in LDC section 2.03.07 K shall have one or more of the following roof treatments: i. Pitched roof with a minimum slope of 3/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of 30 percent of the length of any primary façade, and 20 percent of the attached facades as measured from the connection point. c. All non-residential buildings, with gross floor areas of 10,000 square feet or greater, excluding those that are subject to LDC section 4.02.23 B.2.b., shall have one or more of the following roof treatments: Pitched roof with a minimum slope of 4/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of 50 percent of the length of any primary facade, and a minimum of 30 percent of the attached facades as measured from the connection point. d. Roof material shall be tile or metal. e. Roof overhangs shall be deep, no less than 3 feet beyond the supporting walls. f. Roofs shall include a minimum of one of the following architectural elements: Clerestory windows. ii. Cupolas. iii. Dormers. iv. Attached clock towers. v. Any other treatment which the County Manager or designee determines to represent the character themes of this overlay district. 3. Freestanding clock towers shall be permitted subject to the following conditions: a. The clock tower shall not exceed an actual height of 35 feet, measured from the highest point of the crown of the road adjoining the tower site; b. The clock tower shall have no more than one clock face per side and digital clocks shall not be allowed; Page 10 of 18 Words stfuek-threugh are deleted,words underlined are added. c. The clock tower shall not contain any signaqe of any nature; and d. Only one clock tower per BP-zoned property or PUD shall be permitted. C. Landscaping standards. 1. Landscape buffers adjacent to road rights-of-way shall require a Type D Buffer in accordance with LDC section 4.06.00. In addition to the requirements for a Type D Buffer, the following requirements shall apply: a. Landscape buffers adjacent to Collier Boulevard, S.R. 84. (Davis Boulevard and Beck Boulevard) and within 400 linear feet of 1-75 right-of-way line: Shall measure a minimum of 25 feet in width. ii. The required number of trees shall be supplemented by an additional palm tree planting in the amount of 25 percent. iii. Undulating beds of ornamental grasses and/or ground cover beds shall be incorporated for at least 30 percent of the required buffer strip area. iv. All required trees shall be a minimum of 12 feet in height at time of installation. v. Where industrial land uses, and Economic Development uses identified in LDC section 2.03.07 K. abut 1-75, an eight-foot high, unified, opaque, masonry wall is required. Landscape buffers shall be placed along the street side of said wall. The wall shall be located at the edge of the landscape buffer farthest from the property line. b. Landscape buffers adjacent to all other public streets: Shall follow the LDC width requirements for a Type "D" Buffer. ii. Undulating beds of ornamental grasses and ground cover beds shall be incorporated for at least 25 percent of the required buffer strip area. iii. All required trees shall be a minimum of 12 feet in height at time of installation. D. Lighting fixtures and signaqe shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to LDC section 5.05.08 regardless of the gross building area. E. 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). Page 11 of 18 Words struck through are deleted,words underlined are added. F. Additional design standards for the Economic Development uses in the CBIIZO. 1. Applicability. The standards contained in this section shall be applicable to all Economic Development uses as identified by LDC section 2.03.07 K. These shall apply to any Economic Development Use which is not permitted in the underlying zoning district. 2. Lot design requirements and building dimension standards. Minimum Lot Area 20,000 square feet Minimum Lot Width 100 feet Maximum Lot Coverage 45% Maximum Building Height 40 feet when the subject lot is abutting residential-only tracts/districts in PUDs or residential zoning districts; 50 feet in all other areas' Minimum Distance Between 30% of the sum of the heights of Buildings the buildings but not less than the minimum separation required by the Florida Building Code. Minimum Distance of Buildings 50 feet from Residential Land Uses Minimum Floor Area of Buildings 1,000 square feet Minimum Front Yard 25 feet Minimum Side Yard 20 feet Minimum Rear Yard 25 feet In instances where off-street parking is proposed within the principal structure, the maximum building height shall not be subject to LDC section 4.02.01 D.2.(4). 3. Operations. a. All activity associated with the uses in this category shall be conducted within a fully enclosed building, except for when approved as a conditional use in conjunction with LDC section 4.02.23 F.3.c. 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 use operations and equipment, including accessory process equipment, such as compressors and air handlers, shall be contained in an enclosed structure. Page 12 of 18 Words struuli4nnaugli are deleted,words underlined are added. c. Any outside storage and display may be permitted by conditional use or when approved as part of a temporary/special event in accordance with LDC section 5.04.05. 4. Environmental. a. Noise. No 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. b. Odors. No use shall cause or allow the emission of odor. c. 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 use space inside mixed use and multi-tenant buildings. d. Smoke and particulate matter. No use shall discharge outside the building for single-use buildings or outside the 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. e. Electrical disturbance. No 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. f. Secondary containment. Secondary containment such as double walled tanks, leak-proof trays, floor curbing or other containment systems which provide secondary liquid containment shall be installed for facilities that use, store, or handle, regulated substances in a single container of 55 gallons or more. The containment structure shall be capable of containing 110% of the volume of the largest container located within, be composed of materials impervious to the regulated substance, and be able to withstand deterioration from external environmental conditions. For containment areas with more than one storage container, capacity calculations shall be made after deducting the volume of the largest storage containers, other than the largest container. All regulated substances must be removed from the containment structure within 24-hours of a spill or accidental release. Containment structures shall be sheltered so that the intrusion of precipitation is effectively prevented. These requirements shall apply to all areas of storage use, handling, and production, loading and off-loading areas, and to aboveground and underground storage areas. 5. Architectural and site design standards. a. 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. b. Industrial/factory buildings shall be designed in accordance with the provisions of LDC section 5.05.08, excluding section 5.05.08 E.7. Page 13 of 18 Words struck through arc deleted,words underlined are added. c. Loading areas. All loading areas shall be oriented away from adjacent residential uses, except for where obstructed by an intervening building. Loading areas, solid waste facilities, recycling facilities, and other services elements shall be placed to the sides or rear of the building. d. The following shall apply to all exterior lighting: All light fixtures shall be directed away or shielded from neighboring properties. ii. Illumination levels shall not exceed 0.5 footcandles at property lines where adjacent to residential development or residentially-zoned property, excluding where required pursuant to LDC section 6.06.03. A. All buildings and projects within Activity Center#9 shall be developed or redeveloped Interchange Master Plan. The design themes shall be incorporated into architecture, landscape, signage, gateway features, and roadway lighting. themes: Everglades, Rural and Old Florida, as defined in the Vision Statement of the Activity Center#9 Interchange Master Plan. C. In addition to the requirements of section 5.05.08, buildings shall have features that rah r cterize Oho re ch r cter themes The a elements incli de• elements listed below• a. Porch. b. Portico. c. Elevated first floor or elevated entry.d.Any other treatment which the themes of this overlay district. 2. Roof treatment. have one or more of the following roof treatments: i. Pitched roof with a minimum slope of 1/12. ii. Flat roof with mansard edge treatment. Page 14 of 18 Words str* k h-row="=are deleted,words underlined are added. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of 50 percent of the length of any primary façade, an façades as measured from the connection point. c. Industrial use buildings shall have 1 or more of the following roof treatments: i. Pitched roof with a minimum slope of 3/12. fi. Flat roof with mansard edge treatment. that extend along a minimum of 30 percent of the length of any primary façade, and 20 percent of the attached facades as measured from the connection point. d. Roof material shall be tile or metal. walls. f. To create articulation, roofs shall include a minimum of 1 of the following architectural elements: Clearstory windows. ii. Cupolas. iii. Dormers. iv Attached clock towers determine to repre en+ the character+homes of this over r district. 3. Freestanding clock towers shall be permitted in non residential and mixed use planned unit ddevelopmen+ (DI Ir1 ) within Acti„it„ renter No. 9 subject to the following conditions: a. The clock tower shall not exceed an actual height of 35 feet, measured b. The clock tower shall be designed to complement the architectural c. The clock tower shall have no more than one clock face per side and digital clocks shall not be allowed; Page 15 of 18 Words struck through are deleted,words underlined are added. d. The clock tower shall not contain any signage of any nature; and only one clock tower per business park or PUD shall be permitted. D. Landscape buffers adjacent to road rights of-way. In addition to the requirements for a Type D buffer, the following requirements shall apply: Boulevard) and within 400 linear feet of 175 right of way line: a. Shall m asure a minimum of 25 feet in width. b. The required number of trees shall be supplemented by an additional palm tree planting in the amount of 25 percent. d. All required trees shall be a minimum of 12 feet in height. e. Where industrial land uses abut 175, an eight foot high unified, opaque, masonry wall is required. Landscape buffers shall be placed along the treet irle of id w II The w ll shall be located at the edge of the landscape buffer farthest from the property line. a. Shall measure a minimum of 15 feet in width. incorporated for a least 25 percent of the required buffer strip area. c. All required trees shall be a minimum of 12 feet in height. • • unified design at point of ingress/ogres • SUBSECTION 3.D. 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: * * * * * * * * * * * * * E. Design standards for specific building uses. Page 16 of 18 Words struck through are deleted,words underlined are added. * * * * * * * * * * * * * 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 and CBIIZO. * * * * * * * * * * * * * 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. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2023-20 becomes effective. Page 17 of 18 Words.;truck through are deleted,words underlined are added. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier ti County, Florida, this day of , 2023. ATTEST: , , BOARD OF COUNTY COMMISSIONERS CRYSTAL K: KINZEL,.CtERK OF COLLIER COUNTY, FLORIDA By: • By: Attest as to Chairman'sp p t rk Rick LoCastro, Chairman signature only • Approved as to form and legality: This ordinance filed with the Secretary of State's Of ' e the II� ii ( _rL_any of MAY ,_4/ �3, L C"\ "it _ \ �7 and acknowledgement Heidi Ashton-Cicko Min received that cleY Managing Assistant County Attorney of By 04-CMD-01077/1957 Clatt 20-LDS-00108/173 Page 18 of 18 Words struck through are deleted,words underlined are added. ,,, tlf[ t/,I J Ill lVicic FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State May 1, 2023 Jennifer Hansen, BMR& VAB Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Attention: Merline Forgue Dear Jennifer Hansen, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2023-19, which was filed in this office on May 1, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270