Loading...
Ordinance 2012-39I ORDINANCE NO. 12 — 39 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 GENERAL PROVISIONS, INCLUDING SECTION 1.08.02_- DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES:;: INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS CHAPTER FOUR — SITE DESIGN AND DEVELOPMENTf `- STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARD`S, FOR DEVELOPMENT IN THE BMUD- NEIGHBORHOOD COMMERCIAL:` SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR- DEVELOPMENT IN THE BMUD - WATERFRONT SUBDISTRICT SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE-"' BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (114), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 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WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and Page 1 of 122 Words struck non are deleted, words underlined are added WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on September 11, 2012 and September 25, 2012, 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. 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. Page 2 of 122 Words stfuelE thfough are deleted, words underlined are added 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 or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the 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. Page 3 of 122 Words stme-k through are deleted, words underlined are added 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 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions Artist Village: A residential development intended exclusively for the housing of artists such as painters, sculptors and iewelry makers, and that consists of one or more multifamily attached dwellings, clustered single - family detached dwellings or a combination thereof, with shared studio and /or gallery space that may be used by all residents. Page 4 of 122 Words struck through are deleted, words underlined are added Community Garden A single piece of land managed and maintained by a group of individuals to grow and harvest food crops and /or non -food ornamental crops such as flowers for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. * * * * * * * * * * * * * Live -Work Units: A dwelling unit in which a significant portion of the space includes a non - residential use that is operated by the tenant. * * * * * * * * * * * * * Mixed use project approval process: A process by which a land owner may petition the 94aG for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus density pool units. * * * * * * * * * * * * * 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 * * * * * * * * * * * * * PON 2. 22y0nre Drive Mixed - - - of BayshgFe DFive and- its enviiwn which in, 46-.--21�-- —1 Gateway T-Fiangle Redevelopment Q Design ■ ■ GeFnFneFG*al uses. An iRteFG9RneGted stFeet system is the basis fOF the Page 5 of 122 Words stFusk-through are deleted, words underlined are added _ MECTIM ■_ . 0 1 ■ ■ - - Mir. _ - - - m; 5-1 ••- - - - - ■ _ - - - - - - NET - _ MECTIM ■_ . 0 1 ■ - - - m; 5-1 ••- - - - - ■ _ wit A , -- myr.IWK3 - - - ! 1— Page 6 of 122 Words struck thi--eugh are deleted, words underlined are added - - ■ _ wit A , -- myr.IWK3 - - - ! 1— Page 6 of 122 Words struck thi--eugh are deleted, words underlined are added s - - - - ■ • • R im E111�e ime • • • — ----- • • iii Page 7 of 122 Words ststek are deleted, words underlined are added _ _ _ _ M. CCwk ■ _ _ • • • _ _ ■ _ _ _ _ ■ CMM ■ - ■ • ■ _ . ■ Page 7 of 122 Words ststek are deleted, words underlined are added Page 8 of 122 Words struck through are deleted, words underlined are added - - mrm= -. INA- Page 8 of 122 Words struck through are deleted, words underlined are added Nor. Mn �- .- Mr- MM Page 9 of 122 Words trough are deleted, words underlined are added Vr .. Page 10 of 122 Words stmck thFOugh are deleted, words underlined are added - • - - RMYTIM • . . . 2: � __'_ 2 M--- 0 __: Page I 1 of 122 Words str-uek though are deleted, words underlined are added units, e. Re6iden" Subdistr4ot 3 6". The PUFpese of this 6ubdiStFirSt is to allow the developmeRt of multi family, two family dwelling ReighbeFheed design. Page 12 of 122 Words stmek thFough are deleted, words underlined are added A IN, • 1p F--W. - Page 13 of 122 Words struck tlr-eugh are deleted, words underlined are added Page 14 of 122 Words stM & thFOugh are deleted, words underlined are added pm . : ..... Page 14 of 122 Words stM & thFOugh are deleted, words underlined are added Page 15 of 122 Words struck through are deleted, words underlined are added mm r7mg -7 - ■ ■ .._ RZ �■ _ ■� �■ -- - -- - -- '"604, - -- Ezz Page 16 of 122 Words stmok through are deleted, words underlined are added Page 17 of 122 Words strut g : are deleted, words underlined are added _. MRS 0- 9-111-IMERIMMIR =- ................ - -- - - -- - - -- MEMS M Page 17 of 122 Words strut g : are deleted, words underlined are added Page 18 of 122 Words stFuck through are deleted, words underlined are added 'S 1210 ....:. ., ..:. - dim Page 18 of 122 Words stFuck through are deleted, words underlined are added Page 19 of 122 Words stmek thfough are deleted, words underlined are added Page 20 of 122 Words strums are deleted, words underlined are added NOTES TABLE-2 a3 I. Bayshore Mixed Use Overlay District (BMUD). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BMUD" on the applicable official Collier County Zoninq Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian- oriented interconnected projects The Overlay encourages uses that support pedestrian activity, including a mix of residential civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings, both commercial and residential, are located near the street and may have front porches and /or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified by the designation 'BMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3. 2006 and properties with Provisional Uses (PU) approved prior to March 3 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subiect to the Bayshore Overlay District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan Page 21 of 122 Words stmek tlr-eug# are deleted, words underlined are added a. The purpose of the BMUD is to fulfill the goals objectives and policies of the Collier County Growth Management Plan (GMP) as may be amended. Specifically, the BMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County GMP. Development in the activity center is -governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the LDC. b. Property owners within the BMUD may establish uses. densities and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop /redevelop under the provisions of the applicable BMUD Subdistrict. In either instance the BMUD site development standards as provided for in section 4.02.16 shall apply. 4. Bayshore Mixed Use District (BMUD) Subdistricts a. The BMUD consists of the following subdistricts: i. Neighborhood Commercial Subdistrict (BMUD - NC) The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in a single building. This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including -galleries, artists' studios, and live -work units. Developments will be human -scale and pedestrian- oriented. ii. Waterfront Subdistrict (BMUD - W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is indented to allow a mix of residential and commercial uses including limited marina and boatyard uses. iii. Residential Subdistrict 1 (BMUD - R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street. iv. Residential Subdistrict 2 (BMUD - R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi - family residences as transitional uses between commercial and single- family development. The multi- Page 22 of 122 Words str-uck through are deleted, words underlined are added family buildings shall be compatible with the building patterns of traditional neighborhood design. V. Residential Subdistrict 3 (BMUD - R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and sinale - family dwellings. All new development in this subdistrict shall be compatible with the building patterns of traditional neighborhood design. vi. Residential Subdistrict 4 (BMUD - R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached sinale - family dwellina units, while allowing for buildina additions such as front porches. b. Use Categories and Table of Uses. i. All uses permitted in the BMUD subdistricts have been divided into 9 general categories, which are summarized below: a) Residential: _Premises available for Iona -term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. C) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage and repair of items including their wholesale or retail sale. q) Civic and Institutional: Premises available for organizations dedicated to religion, education, government social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities including Essential Services. Page 23 of 122 Words strtelE threugk are deleted, words underlined are added ii. Interpretation of the Table of Uses a) The Table of Uses identifies uses as permitted uses (P)• accessory uses (A): conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict: however, such use may be permitted by the underlying zoning_ designation. b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. C) Mixed Use Projects shall be limited to the permitted accessory and conditional uses allowed in the BMUD- NC and BMUD -W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all proiects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses Table 1 _ Table of l 1SPS fnr tha Ravchnra MiYarl I Ica nictrir+ G ihrlic4rir +c USE TYPE BMUD SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL IM X E D USE Ri R2 R R4 NC I W a) RESIDENTIAL 1 ) Ring, Sin le -Famil p p p p p 2 Dwellina. Duplex p p p 3 Dwellin Two-Familv P P P P P 4 Dwellina. Rowhouse P p p p p 5 Dwelling, Multi-Family 3 or more P P P P p 6) Dwellina. Mobile Home P. — 'If allowed by underlying zoning 7 Home Occupations A A A A A A 5.02.03 8 Live -Work Units I Cu P 1 P 1 4.02.16 C.6. 9 Artist Village Cu Cu I CU P I P 1 4.02.16 C.3. b) LODGING 1 Bed & Breakfast Facilities Cu CU I CU 1 4.02.16 CA. 2 Hotels and Motels p p C) OFFICE/SERVICE 1 Banks Credit Unions Financial Services P 2 Business Support Services p I p 3 Child Care Services CU I CU I CU I I CU I Cu Page 24 of 122 Words stfiwk through are deleted, words underlined are added 4 Community Service Organization p p 5-)- Drive Thru Service banks 6 Government Services p p 7 Family Care Facility / Nursing Home p p 8—Medical Services - Doctor Office p p 9 Medical Services - Out atient/Ur ent Care p 10 Personal Care Services p p 11 Post Office p p 12 Professional Office or Service p p 13 Rental Services - E ui ment/Vehicles P p 14 Studi - Art Dance Martial Arts Music P p 15 Studio - Motion Picture CU 16) Vehicle Services - Maintenance/Repair 17 Veterinarians Office p p 18 Video Rental p p d) RETAIURESTAURANTS 1 Auto Parts Sales 2 Barsfravern /Ni ht Club p p 3 Drive Thru Retail /Restaurant 4 Gas Station with Convenience Store P P 5.05.05 5 Neighborhood Retail - <2,000 sf p p 6 General Retail - <15 000 sf p p 71 General Retail - > 15.000 sf CU CU 8 Restaurant p p 9 Shopping Center CU CU 10 Vehicle/Boat/Heavy E ui ment Sales CU 4.02.16 C.7. e) ENTERTAINMENT /RECREATION 1 Gallery / Museum p p 2 Meetino Facili p p 3 Cultural or Community Facility p p 4 Theater Live Performance p p 5 Theater Movie CU CU 6 Recreation Facility, Indoor p p 7 Recreation Facility. Outdoor CU CU 8 Amusements Indoor p p 9 Amusements Outdoor CU CU 10 Community Garden P P P P P P 4.02.16 C.S. f) MANUFACTURINGIWHOLESALE/ STORAGE 1 Laboratory - Medical anal ical research p 2 Laundries and Dry Cleaning p 3 Media Production p 4 Metal Products Fabrication p 5 Mini - Warehouses 6 Repair Shoos p p 7 Research and Develo ment p p 8 Storage - Outdoor A 4.02.16 CA 9 _Storage - Warehouse Q) CIVIC INSTITUTIONAL 1 College/University p p 2 Educational Plant p p p p p p 3 Hospital 4 Membership Organizations p p 5 Public Safety Facili CU CU 6 Religious Institution CU CU CU CU CU CU 7 Schools - Elementary and Secondary 8 Schools - Vocational and Technical h INFRASTRUCTURE Page 25 of 122 Words stmek through are deleted, words underlined are added Note: The Table of Uses identifies uses as permitted uses (P): accessory uses (A)a conditional uses (CU) or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict: however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted accessory and conditional uses allowed in the BMUD -NC and BMUD -W subdistricts. and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. 1 Automobile Parking Facilities _ _ ■ CU Nis - 2 Boat Launch : - MI. e A 3 Essential Services P P P P P P 4 Marinas and Boatyards P P 4.02.16 C.7. 5 Transit Station 6 Wireless Telecommunication Facility Note: The Table of Uses identifies uses as permitted uses (P): accessory uses (A)a conditional uses (CU) or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict: however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted accessory and conditional uses allowed in the BMUD -NC and BMUD -W subdistricts. and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. - _ _ ■ - Nis - : - MI. e - - •- - ■ - MY. MILN - _ _ ■ - Nis - : - MI. e Page 26 of 122 Words struck Hugh are deleted, words underlined are added p� CA-h�?Y Qverlpy DI_sm GTMU04AXD Mixed Use Subdlstnct GTMUD -R Residendel Subdistdct (XXX) Under Lying Zoning Mini Tnangle ® APZ Accessory Parking Zone FA L-1-and d Use_ Activity Center 16 •... CRA Boundary Ovanay Boundary Page 27 of 122 k Words &tFuek4etrg# are deleted, words underlined are added WIN -1 ii N . . - - - - - .. M- - - .. . _ MIN Iffay- •- Mr= _ •- - - - • .• - - TrMS ■. - - - Page 28 of 122 Words 4mek4hrottgh are deleted, words underlined are added Page 29 of 122 Words st+ek through are deleted, words underlined are added - -- • - - ■ - - - - - ■- - ■- Page 29 of 122 Words st+ek through are deleted, words underlined are added C� - - - �- •- Mir imor. Y Page 30 of 122 Words stmek through are deleted, words underlined are added ■ 1—:2 Nee- TWA= ....... Page 31 of 122 Words Ali through are deleted, words underlined are added OTIMIN a G) GhUFGhes. �- - - . _ - Page 32 of 122 Words dough are deleted, words underlined are added Page 33 of 122 Words sough are deleted, words underlined are added Page 34 of 122 Words stttek thfough are deleted, words underlined are added �_::_ :• : :• •e, : __ �■ ... - - -_ .. _ ■■■■ - _ ..- Page 34 of 122 Words stttek thfough are deleted, words underlined are added Page 35 of 122 Words stmek thr-eugh are deleted, words underlined are added 0 � 0 � � 0 0 0 MEN 0 0 0 MzM 0 0 0 0 0 a L o o m m M a 0 a o a 00■�0 U-M 0 a a a 0 9-3 UMII 0 o s o � o v o ra o s o s s Page 36 of 122 Words struck through are deleted, words underlined are added Page 37 of 122 Words stmek through are deleted, words underlined are added Page 38 of 122 Words stmck through are deleted, words underlined are added N. Gateway Triangle Mixed Use Overlay District (GTMUD) This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or may series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human - scale, pedestrian- oriented interconnected proiects that are urban in nature and include a mix of residential types and commercial uses Page 39 of 122 Words StFUCA thFOugh are deleted, words underlined are added Development in this District should encourage pedestrian activity through the construction of mixed -use buildinas, an interconnected street system and connections to adiacent neighborhoods. When possible, buildinas are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development: promote traditional urban design; encourage on street parking and shared parking facilities, provide appropriate landscaping and buffering: and protect and enhance the Shadowlawn residential neighborhood. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3. 2006 and properties with Provisional Uses (PU) approved prior to March -3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subiect to the Gateway Triangle Mixed Use District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the GTMUD is to fulfill the goals objectives and policies of the Collier County Growth Management Plan (GMP) as may be amended. Specifically, the GTMUD implements the provisions of section V.F. Bayshore Gatewav Trianale Rpdpvpinnmpnt Ovarlav of tha P iti mm that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the Collier County Land Development Code (LDC). b. Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop /redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance the GTMUD site development standards as provided for in section 4.02 16 shall apply. 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The Gateway Triangle Mixed Use District consists of the following subdistricts: i. Mixed Use Subdistrict (GTMUD -MXD) The purpose and intent of this subdistrict is to provide for pedestrian- oriented commercial Page 40 of 122 Words stmek are deleted, words underlined are added and mixed use developments and higher density residential uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi -story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. ii. Residential Subdistrict (GTMUD -R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non- residential uses in a walkable context. b. Use Categories and Table of Uses. i. All uses permitted in the GTMUD subdistricts have been divided into nine general categories, which are summarized below: a) Residential: Premises available for long -term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. C) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e_) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. Page 41 of 122 Words stFU6k thMugh are deleted, words underlined are added h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. ii. Interpretation of the Table of Uses a) Anv uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P): accessory[ uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict: however, such use may be permitted by the underlying zoning designation. C) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD subdistrict, and subiect to the MUP approval process as outlined in section 10.02.15. All other proiects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses Table 2. Table of Uses for the Gateway Triangle Mixed Use District Subdistricts USE TYPE G T M U D S U B D I S T R I C S ADDITIONAL STANDARDS R MXD a) RESIDENTIAL 1 Dwelling, Sin le -Famil P P 2 Dwellina, Duplex P P 3 Dwelling, Two-Family P P 4 Dwelling, Rowhouse P P 5 Dwelling, Multi-Family 3 or more P P 6) Dwelling, Mobile Home P" — If permitted by underlying zoning 7 Guesthouse A A 5.05.04 and 4.02.16 C.2. 8 Home Occupations A A 5.02.03 9 Live -Work Units CU P 4.02.16 C.Q. 10 Artist Village CU P 4.02.16 C.3. Page 42 of 122 Words struelF through are deleted, words underlined are added b) LODGING 1 Bed & Breakfast Facilities CU CU 4.02.16 C.4. 2 Hotels and Motels P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services P — 2 Business Support Services P 3 Child Care Services CU CU 4 Community Service Organization P 5 Government Services P 6 Family Care Facility / Nursing Home CU 7 Medical Services — Doctor Office P 8) Medical Services — Outpatient/Urgent Care P — 9 Personal Care Services P 10 Post Office P 11 Professional Office or Service P 12 Rental Services — Equipment/Vehicles P 13) Studio — Art. Dance, Martial Arts, Music P — 14 Studio — Motion Picture CU 15) Vehicle Services — Maintenance /Re air CU 16 Veterinarians Office P 17 Video Rental P d) RETAIURESTAURANTS 1 Auto Parts Sales P 2 Bars/Tavern /Ni ht Club P 3 Drive Thru Retail /Restaurant P 4 Gas Station with Convenience Store P 5.05.05 5 Nei hborhood Retail - <2,000 sf P 6 General Retail — <15,000 sf P 7 General Retail - > 15 000 sf P 8 Restaurant P 9 Shopping Center CU 10 Vehicle/Boat/Heavy E ui ment Sales P e) ENTERTAINMENT/RECREATION 1 Gallery / Museum P 2 Meeting Facility CU P 3 Cultural or Community Facility CU P 4 Theater Live Performance P 5 Theater Movie CU 6 Recreation Facility, Indoor P 7 Recreation Facility, Outdoor CU CU 8 Amusements Indoor P 9 Amusements Outdoor CU CU 10 Community Garden P P 4.02.16 C.S. Page 43 of 122 Words stmek through are deleted, words underlined are added fl MANUFACTURING/WHOLESALE/STORAGE 1 Boat Yards CU 2) Laboratory — Medical, analytical, research P — 3 Laundries and D - cleanin P 4 Media Production P 5 Metal Products Fabrication CU 6 Mini - Warehouses 7 Repair Shops P 8 Research and Development P 9 Storage — Outdoor CU 4.02.16 C.9. 10 Storage - Warehouse P 11) Lawn and Garden Services in con'unction with a Nurse CU — g) CIVIC /INSTUTIONAL 1 College/University CU 2 Educational Plant P P 3 Hospital CU 4 Membership Organizations P 5 Public Safety Facility CU 6 Religious Institution CU CU 7 Schools — Elements and Seconds P 8 Schools — Vocational and Technical CU h) INFRASTRUCTURE 1 Automobile Parking Facilities P 2 Boat Launch 3 Essential Services P P 4 Marinas P 5 Transit Station CU 6 Wireless Telecommunication Facility CU Note: The Table of Uses identifies uses as permitted uses (P)@ accessory uses (A): conditional uses (CU). or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD -NC and BMUD -W subdistricts. and subject to the MUP approval process as outlined in section 10.02 15 All other proiects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlav Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. SUBSECTION 3.C. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD COMMERCIAL SUBDISTRICT Page 44 of 122 Words stmek through are deleted, words underlined are added Section 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area 42 feet, not to eXGeed 3 StgFies Page 45 of 122 Words strdEk thr-ough are deleted, words underlined are added ■ -IT IMININT" PRO ML MI -- I - e' ------- --", — 11111~ - = — - - -�- - Page 46 of 122 Words stfueli thfough are deleted, words underlined are added -- .. IN Page 47 of 122 Words 4mek4hrough are deleted, words underlined are added •' - .. Page 48 of 122 Words struck through are deleted, words underlined are added Page 48 of 122 Words struck through are deleted, words underlined are added Page 49 of 122 Words 4Fuck4hrot+gh are deleted, words underlined are added Vm H Mw� A .... ....... I- Side PaMng Lot with Streetwafi KIIIIIIH R—Ir A—MMOIFF7711 0 I Ell FONFOIN ii Page 49 of 122 Words 4Fuck4hrot+gh are deleted, words underlined are added Vm H Mw� A .... ....... I- Page 49 of 122 Words 4Fuck4hrot+gh are deleted, words underlined are added �R t$ _r i r. `...........� 0 eF les6, betweeR the height of MG Page 50 of 122 Words st+ae-k4hretth are deleted, words underlined are added A. Dimensional and Design Standards for the BMUD 1. Neighborhood Commercial Subdistrict (BMUD — NC) a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the buildinsa type of the principal structure(s) as described in section 4.02.16 D., Buildina Types and Architectural Standards. Table 1. Dimensional Requirements in the BMUD — NC Page 51 of 122 Words stmek thfough are deleted, words underlined are added House Rowhouse 2 Apartment Mixed- Use Commercial Civic & Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard 20 15 20 20 20 20 Page 51 of 122 Words stmek thfough are deleted, words underlined are added Notes: ' See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings 3 Applies to individual unit Zoned Height of Buildina s Property zoned C -3 shall have a minimum lot width of 75 feet 2. Waterfront Subdistrict (BMUD — W) a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Buildina Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUD — W House Rowhouse z Apartment Mixed- Use Commercial Civic & Institutional Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 10 Min. Floor Area (sq 700 700 700 per unit 700 per 700 per unit n/a ft) unit 15 Min. Buildina Separation n/a n/a 10 10 10 10 Max. Buildina Height ft 4 42 42 42 56 56 42 Notes: ' See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings 3 Applies to individual unit Zoned Height of Buildina s Property zoned C -3 shall have a minimum lot width of 75 feet 2. Waterfront Subdistrict (BMUD — W) a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Buildina Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUD — W Page 52 of 122 Words sttuek through are deleted, words underlined are added House Rowhouse z Apartment Mixed- Use Commercial Civic & Institutional Min. Lot 50 253 100 100 1005 100 Width ft Min. Front 10 10 10 5 5 10 Yard ft Max. Front 20 15 20 20 20 20 Yard ft Min. Side 5 5 5 5 5 10 Yard Lftj Page 52 of 122 Words sttuek through are deleted, words underlined are added Min. Rear 15 15 20 20 20 20 Yard ft 10 10 Min. Side Yard ft 7.5 5 7.5 Waterfront 25 25 25 25 25 25 Yard ft 11000 750 per unit n/a Min. Buildina Separation n/a Min. Floor 700 700 700 per 700 per 700 per unit n/a Area (sq ft) unit unit Min. n/a n/a 10 10 10 10 Building Separation Max. 42 42 42 56 56 42 Buildina Height (ft)4 Notes: See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings Applies to individual unit Zoned Height of Building 5 Property zoned C -3 shall have a minimum lot width of 75 feet 3. Residential 1 Subdistrict (BMUD — R1) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and buildina dimensional requirements for new development are provided below. These requirements shall be based on the buildina type of the principal structure(s) as described in section 4.02.16 D., Buildina Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUD — R1 House' I Rowhouse2 I Apartment' Inc tvit & al Min. Lot Width ft 50 253 100 100 Min. Front Yard ft 10 10 10 10 Min. Side Yard ft 7.5 5 7.5 10 Min. Rear Yard ft 15 15 15 15 Min. Floor Area (sq ft) 11100 11000 750 per unit n/a Min. Buildina Separation n/a n/a 10 10 Max. Buildina Height ft4 35 35 35 35 Page 53 of 122 Words stFec thFough are deleted, words underlined are added Notes: ' See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings 3 Applies to individual unit Zoned Height of Building 4. Residential 2 Subdistrict (BMUD — R2) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 4. Dimensional Requirements in the BMUD — R2 House' I RowhouseZ I Apartment I Institutional Min. Lot Width ft 50 253 100 100 Min. Front Yard ft 25 25 25 25 Min. Side Yard ft 7.5 5 7.5 10 Min. Rear Yard ft 15 15 15 15 Min. Floor Area (sq ft) 11100 11000 750 per unit n/a Min. Build in Separation n/a n/a 10 10 Max. Building Height fta 35 — 35 — 35 — 35 — Notes: 'See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings 3 Applies to individual unit Zoned Height of Building 5. Residential 3 Subdistrict (BMUD — R3) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 5. Dimensional Requirements in the BMUD — R3 Page 54 of 122 Words stmek thfetgh are deleted, words underlined are added Mobile s Civic & House Home Rowhouse Apartment Institutional Min. Lot Width ft 40 40 253 100 100 Min. Front Yard ft 10 25 10 10 10 Min. Side Yarg_Cftl 5 7.5 5 7.5 10 Min. Rear Yard ft 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 11000 750 per unit n/a Min. Buildina Se aration n/a n/a n/a 10 10 Max. Buildina Height (ft) 4 35 30 35 35 35 Notes: ' See 4.02.16.A.7 regarding Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings s Applies to individual unit Zoned Height of Buildina 6. Residential 4 Subdistrict (BMUD — R4) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and buildina dimensional requirements for new development are provided below. These requirements shall be based on the buildina type of the principal structure(s) as described in section 4.02.16 D., Buildina Types and Architectural Standards. Table 6. Dimensional Requirements in the BMUD — R4 Notes: See 4.02.16.A.7 regarding Duplexes Zoned Heiaht of Buildina 7. Exceptions to Dimensional Requirements: Page 55 of 122 Words stme g# are deleted, words underlined are added House' Civic & Institutional Min. Lot Width ft 50 100 Min. Front Yard ft 25 10 Min. Side Yard ft 7.5 10 Min. Rear Yard Lftj 15 15 Min. Floor Area (sq ft 1,100 n/a Min. Buildina Separation n/a 10 Max. Buildina Height (ft)2 35 35 Notes: See 4.02.16.A.7 regarding Duplexes Zoned Heiaht of Buildina 7. Exceptions to Dimensional Requirements: Page 55 of 122 Words stme g# are deleted, words underlined are added a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. C. Duplexes, where permitted, are subiect to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 50 feet. d. Two Family dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: Front porches in the BMUD - R1 and BMUD — R3 subdistricts that comply with the design criteria of 4.02.16 DA.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, and stairs are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may proiect into any required setback up to 5 feet from the property line. V. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2. vii. Non - structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires belfries cupolas and domes not intended for human occupancy, monuments transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof shall be no more than 5 feet in height at its highest point. B. Dimensional and Design Standards for the GTMUD 1. Mixed Use Subdistrict (GTMUD -MXD) a. Specific District Provisions: Page 56 of 122 Words stmEk through are deleted, words underlined are added i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 7. Dimensional Requirements in the GTMUD -MXD s Mixed- Civic & House Rowhouse Apartment Commercial Use I I Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 6.56 6.56 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront Setback (ft) 25 25 25 25 25 25 Min. Floor Area (sq 11100 11000 750 per unit 700 per unit 700 per unit n/a Min. Building Separation n/a n/a 10 10 10 10 Max. Building Hei ht ft 42 42 42 567 567 42 Notes: __' See 4.02.16.6.3 regarding Duplexes ` See 4.02.16.13.3 regarding Two - Family Dwellings 3 Applies to individual unit Zoned Height of Building 5 Property zoned C -3 shall have a minimum lot width of 75 feet D� evelopment in the Mini - Triangle Area of the GTMUD — MXD subdistrict shall have a maximum setback of 20 feet MUPs in the Mini - Triangle Area of the GTMUD — MXD subdistrict shall have a maximum zoned building height of 112 feet. 2. Residential Subdistrict ( GTMUD R) Page 57 of 122 Words stmok thr-eugh are deleted, words underlined are added a. Specific District Provisions: i. Maximum Density is based on maximum density allowed by the underlying zoning district and any available density bonuses. H. Lot and Buildinga Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D, Building Types and Architectural Standards. Table 8. Dimensional Requirements in the GTMUD R House' I Rowhouse2 I Apartment I Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 11100 11000 750 per unit n/a Min. Building Separation n/a n/a 10 10 Max. Building Height (ft) 35 35 35 35 Notes: See 4.02.16.A.7 regardinq Duplexes See 4.02.16.A.7 regarding Two - Family Dwellings s Applies to individual unit Zoned Height of Building 3. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or part y wall, is provided. Page 58 of 122 Words stmek through are deleted, words underlined are added C. Duplexes, where permitted, are subject to dimensional standards for a house buildina type, but shall have a minimum of 1,000 square feet of buildina area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a rowhouse buildina type but shall have a minimum of 1,000 square feet of buildina area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: Front porches in the GTMUD - R subdistrict that comply with the design criteria of section 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awninas, stairs and raised doorways are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above arade of 36 inches may project into any required setback up to 5 feet from the property line. V. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2 vii. Non - structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires belfries cupolas and domes not intended for human occupancy, monuments transmission towers, chimneys, smokestacks, flagpoles masts and antennas. Parapets on a flat roof can be no more than 5 feet in height. C. Additional Standards for Specific Uses Certain uses may be established, constructed, continued, and /or expanded provided they meet certain mitigating standards specific to their design and /or operation These conditions ensure compatibility between land uses and buildina types and minimize adverse impacts to surrounding properties. 1. Accessory Parking Zones a. Lots adiacent to the Neighborhood Commercial (BMUD -NC) Waterfront (BMUD -W) and Mixed Use (GTMUD -MXD) Subdistricts designated Page 59 of 122 Words stMOIE thFeug# are deleted, words underlined are added Accessory Parkina Zonina (APZ) as identified on the Collier County Zoning Map, may be used for off street parking or water retention and management areas, in the following manner: i. As an accessory use to an adjacent non - residential principal use under the same ownership or legal control: or ii. As a public parking lot designated as a principal use. b. A buffer must be provided between the APZ and adjacent residential lots as provided in section 4.02.16 E.2.a.i. 2. Accessory Uses to Residential Structures An accessory structure located on the propertv and related to the prima residence (single- family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage swimming pool or auesthouse. a. Ownership of an accessory structure shall not be transferred independently of the primary residence. b. Accessory building(s), excluding swimming pools and screen enclosures, may be located on up to 30 percent of the side or rear yards. For the purposes of this provision, the yard shall be the area between the Principal structure and the side or rear property line. C. The maximum area of a auesthouse is 750 square feet limited to 1 habitable floor: the minimum area is 500 square feet. d. The auesthouse must be of new construction and must meet National Flood Insurance Program (NFIP) first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. e. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: i. The fence or wall shall not exceed 42 inches in height. ii. Fence material shall be wood picket, wrought iron or material of similar appearance and durability. Garden or decorative walls may be brick, stone stucco block. f. Height: The maximum zoned height of an accessory structure is 26 feet. Screen enclosures may exceed the maximum height but in no case be higher than the principal structure or 35 feet, whichever is less. g. Location: Accessory structures shall not be located in the front yard except that accessory structures located on corner lots may be located Page 60 of 122 Words stMek thFOugh are deleted, words underlined are added in the front yard with the longer street frontage. Accessory structures shall be setback a minimum of 10 feet from the rear property line and shall have the same side setback as required for the principal structure for the overlay subdistrict in which it is located. 3. Artist Villaae a. Artist village is limited to the housing of artists such as painters sculptors, iewelry makers, in one or more multifamily attached dwellings clustered single - family detached dwellings, or a combination thereof. b. Dwellings shall not be leased for periods less than 30 days. C. Artist village consisting of clustered, single - family detached dwellings shall be designed consistent with the provisions for cluster residential design in section 4.02.04. d. Shared studio and /or gallery space shall be provided for the use of all residents of the artist villaae. 4. Bed and Breakfast Facilities a. Minimum number of guest rooms or suites is 2 with a maximum number of 6. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for guest occupancy shall be 100 square feet b. No cooking facilities shall be allowed in quest rooms. C. Separate toilet facilities for the exclusive use of quests must be provided At least 1 bathroom for each 2 questrooms shall be provided. d_ . Parking: 2 spaces plus 1 space for each bedroom. All other applicable provisions of this LDC relative to parking facilities shall apply. e. Signage: 1 sign with a maximum sign area of 4 square feet containing only the name of the proprietor or name of the residence. Signs shall not be illuminated in residential subdistricts. f. A 24 hour on -site manager is required. 5. Community Garden a. The property shall be maintained in good condition consistent with the County's property maintenance standards. All planting materials tools and equipment must be removed from the site each day or secured in a permitted accessory structure. b. Hours of operation shall be limited to dawn to dusk. C. The sale of items from the property shall be prohibited except by an approved special event. Page 61 of 122 Words struck thFougk are deleted, words underlined are added d. Any use of fertilizer must comply with provisions set forth in Collier County Code of Ordinances, Article II: Florida - Friendly Use of Fertilizers on Urban Landscapes. e. Required Yards: i. Accessory buildings, including storage sheds or greenhouses are permitted on site and must meet the principal structure setback requirements for the subdistrict in which it is located. ii. All plantings shall be setback a minimum of 10 feet from the street right -of -way and five feet from the rear and side property lines. f. Operating Procedures: A community garden must have a set of operating rules addressing the following: i. Identification of, and contact information for, a garden coordinator to perform the coordinating role for the management of the community gardens: H. Maintenance and security requirements and responsibilities: iii. Identification of how garden plots are assigned in a fair and impartial manner. 6. Live -Work Units a. All live -work units must fully comply with any and all Buildings Code requirements. b. The non - residential use areas shall meet accessibility requirements of the applicable Building Code (including site access and parking) and be oriented to the street. C. Size: The live -work unit shall have a minimum total size of 1,000 square feet and a maximum total size of 3.000 square feet and three stories in height. The non - residential use area must occupv less than 50 percent of total unit. d. The same individual(s) must occupy the non - residential use area and living area. e. The live -work unit may employ a maximum of 1 non - resident worker /employee on premise at any one time. f. Live -work units in non - residential subdistricts (BMUD -NC BMUD -W and GTMUD -MXD) shall be established through the mixed use project approval process. Page 62 of 122 Words stmek thfoug# are deleted, words underlined are added g. Limitations on use. The non - residential component of a live -work unit shall be limited in the following manner: i. Live -work units in a non - residential subdistrict (BMUD -NC BMUD -W and GTMUD -MXD) limited to uses permitted within the applicable subdistrict or underlying zoning district. Live -work units approved as a conditional use in a residential subdistrict (BMUD -R3 and GTMUD -R) shall be limited to non- residential uses including artist studio, professional office, Professional service such as hair salon or tailor, or any other use deemed to be similar in nature by the BZA during the conditional use process. Non - residential uses may include ancillary retail such as galleries selling artwork and hair salons selling hair products. Prohibited uses include Vehicle Maintenance or Repair Entertainment, Drinking and Public Eating Establishment, the sale of food and beverages, Sexually- Oriented Businesses, veterinary services, and activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. h. Parking: 1 parking space per 500 square feet of the non - residential portion of the live -work unit plus 1 space for the residential unit. i. Signage: Signage for live -work units in a commercial subdistrict shall be limited to wall signs in accordance with section 5.06.04. Live -work units located in a residential subdistrict shall be limited to 1 non - illuminated wall sign with a maximum sign area of 8 square feet. 7. Marinas and Boatyards a. Repair and dry storage areas shall not be visible from the street. b. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and adiacent residential lots and shall not be visible from Bayshore Drive. C. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. d_ . Height of structures may be increased to a maximum actual height of 50 feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. e. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: Page 63 of 122 Words stmt are deleted, words underlined are added i. All areas used for boat display activities shall occupy no more than 35 percent of the linear frontaae of the property. ii. All boat sale areas shall not be closer to the frontage line than the Primary building they serve. iii. All boats located within an outdoor sales area shall not exceed the height of 17 feet above existing arade. iv. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. V. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 foot high trees spaced at 30 feet on center and a 3 foot high double row hedge spaced at three feet on center at the time of planting. f. One parking space per 5 dry boat storage spaces g. On -site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. 8. Mixed Use Project a. Mixed Use Proiects are typically human -scale pedestrian- oriented interconnected proiects with a mix of residential and commercial uses such as retail, office and civic amenities that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are encouraged to be built close to the vehicular and Pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture landscaping lighting signage and street furnishings. b. Mixed Use Proiects in the BMUD -NC BMUD -W and GTMUD -MXD shall be reviewed and permitted in accordance with section 10.02.15 C. A minimum of 60 percent of all commercial uses within a mixed use proiect shall provide retail, office and /or personal service uses to serve the needs of the subject proiect and surrounding residential neighborhoods. d. A maximum of 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a mixed use project or otherwise in accordance with a development schedule approved for the proiect and made a condition of the MUP approval. Page 64 of 122 Words swack thFeugh are deleted, words underlined are added e. MUPs shall provide connection to local streets adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street pattern is preferred; however, modifications may be approved provided the vehicular network provides interconnections between internal uses and external connections to adioininq neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle and transit. f. The commercial component of a mixed use proiect may be located internal to the project or along the boundary; if externally located internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. g. Parkinq lots shall be dispersed throughout the proiect No one parking lot shall provide more than 40 percent of the required off - street parking_ Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. h. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land cash, or other in -kind contribution may be accepted by the CRA, where it has been demonstrated to sufficiently mitigate for the reduction of required on -site usable open space. This cash or in -kind contribution may be used to enhance the public realm (public art, plaza fountains etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. 9. Outdoor Display and Sale of Merchandise a. No automatic food and drinking vending machines are permitted outside of any structure. b. Newspaper vending machines will be limited to two machines per proiect site and shall be permanently affixed (not portable). C. Outdoor display and sale of merchandise within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. D. Building Types and Architectural Standards 1. Purpose and Intent The purpose of this section is to supplement the provisions of section 5.05.08 of the LDC by identifying and providing design standards for the buildina types allowed within the Bayshore Gateway Triangle Redevelopment Area The standards are intended to attach the same importance to the overall building design as is placed on the use contained therein and to ensure that proposed development is consistent with the CRA's goals for buildina form character Page 65 of 122 Words stfuck through are deleted, words underlined are added and quality. Buildinas within the BMUD and GTMUD are expected to be added as long -term additions to the architectural vibrancy of the community, 2. Applicability Each proposed buildina shall be designed in compliance with the standards of this section for the applicable building type regardless of the underlying zoning district provisions. The uses permitted within the buildina are determined by the underlying zoning district or overlay subdistrict in which it is located All buildings shall meet the design requirements set forth in section 5 05 08 unless otherwise specified in this section. 3. General Architectural Standards a. Architectural Style: The buildina design standards of this section do not mandate a particular building style and permit a wide variety of architectural expressions. When a buildina exhibits a known architectural style (i.e., Florida Cracker Mediterranean Colonial Modern) the details shall be consistent throughout the buildina and any accessory structures on the same site. b. Frontage: The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street or square This requirement shall not apply to mobile homes or to buildings that are interior to a site that has other buildings that meet this provision. C. Compatibility: Proposed buildinas should relate to adjacent buildings in similarity of scale, height, architectural style and /or configuration Exceptions to this provision include civic and institutional buildings such as churches and schools. d. Facade Treatment: Architectural elements such as windows and doors bulkheads, masonry piers, transoms, cornices window hoods awnings canopies, and other similar details shall be used on all facades facing a public right -of -way. Page 66 of 122 Words stmek through are deleted, words underlined are added DECORATIVE CORNICES WINDOW TRIM r (MINIMUM 4- O } - WIDE) GABLES .���w..r..r• -r EAVES BALCONIES ' s OPEN ARCADE OR COVERED BUILDING WALKWAY : C: F AWNINGS FIRST TRANSOMS/ I n PITH r� ^- -r ® �y" ALON FLOOR LIGHTS I l � f-t -I RECESSED � �{ PILLARS O ENTRY l - POSTS BGT Redevelopment Area Figure 1 Facade Treatments (For illustrative purposes only) 4. Buildina Type: HOUSE a. Description: The predominant building type in the Bayshore Gateway Triangle Redevelopment Area and is intended for use as a sinale- family detached dwellina located on its own lot, although it may also accommodate duplexes, small multi - family dwellings, home occupations, and professional offices. BGT Redevelopment Area Figure 2 Building Type: House (For illustrative Purposes only) Page 67 of 122 Words std through are deleted, words underlined are added b. Yards: The typical House has four yards: front sides and rear. Corner lots shall have two front yards and two side yards with the front yards along each street frontage. � � I Property Line 1 I j I I I I — House — j House I j ! j i I Primar+q Facade j I i I Primary Street 0 Front Yard a Side yard 0 Rear Yard BGT Redevelopment Area Figure 3 House Yard Diagram (For illustrative purposes only) C. Elevation Requirements• N O1 ii i. A maximum of two feet of fill shall be allowed on site towards meeting National Flood Insurance Program (NFIP) requirements Additional NFIP finished habitable floor height requirements shall be accomplished through stem wall construction Stem walls shall be finished in material and color complimentary to the principal structure. ii. Open stilt -type construction is not permitted On front yards the foundation area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the building and the floodplain protection standards of section 3.02.00. iii. Parking is permitted under the principal structure The garage floor shall not exceed 24 inches above the elevation of the crown of road from which it is accessed. Page 68 of 122 Words °*^� hfeuO are deleted, words underlined are added d. Front Porches: i. Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with section 4.02.16 A.7.e.i. ii. Front porches must cover a minimum of 40 percent of the horizontal length of the front yard facade of the primary residence and be at least 5 feet deep. House 0 Minimum Front Yard I Porch encroachment = 7' max. Q Minimum Porch Width =40% of c Porch I Front Facade Length _. J._._.�._._._._._._._.J._._._.- Sidewalk BGT Redevelopment Area Figure 4 House Porch Diagram (For illustrative purposes only) iii. Front porches shall not be air - conditioned or enclosed with glass plastic, or other materials. Screening the porch is allowed as long as the moldings that hold the screen material matches the material and design character of the structure. iv. Front second -story porches are encouraged but no enclosed room is permitted above the front porch. e. Garages, Carports, and Driveways: Garage doors shall have a maximum width of 16 feet The driveway shall have a maximum width of 18 feet in the riaht- of -way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking iii. Freestanding carports are prohibited Carports and porte - cochere must be attached to the principal structure and be of similar materials and design as the principal structure. Detached garages must meet the side and rear setback requirements for an Page 69 of 122 Words struck through are deleted, words underlined are added accessory structure. Carports and detached garages shall be no closer than 23 feet from the front vard setback line iv. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk Should the garage be side - loaded there must be at least a 23 foot paved area on a Perpendicular plane to the garage door or plans must ensure that Parked vehicles will not interfere with pedestrian traffic _._. 1._._._._._._._._. l._. _._._._._._.J._._._._._._._._.J Detached Garage front Loaded Garage i Side Loaded Garage 1 I 1 j j j II 1 I I II j j j I Minlnwm I I I �% Driveway 1 i Depth 1 I I I I 1 j Street BGT Redevelopment Area Figure 5 Garages. Carports. and Driveways Diagram (For illustrative purposes only) 5. Buildina Type: ROWHOUSE a. Description: A building with two or more residential units that are attached by a common wall. A rowhouse is typically a fee simple unit from ground to roof with no units above or below. A rowhouse may be used as a live -work unit. Page 70 of 122 Words stnw4 N ouO are deleted, words underlined are added BGT Redevelopment Area Figure 6 Building Type: Rowhouse (For illustrative purposes one) b. Yards: The rowhouse building typically has one primary Yard located to the rear of the structure with the potential for a small landscaped front Yard. A side Yard is required for end units Corner lots shall have a front Yard on each street frontage i d I i Property lines I I i � I i I i 1 f 1 t 1 �. Rimary fo de I 1— Plimaryfacad4 i —.— Street 0 front Yard © Side Yard © Rear Yard BGT Redevelopment Area Figure 7 Rowhouse Yard Diagram (For illustrative purposes onlv) Page 71 of 122 Words 4rt+&44vough are deleted, words underlined are added C. Front Porches and Stoops: i. Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with section 4 02 16 A 7 e i I � I j j j I Townhouse 0 Minimum Front Yard C © Porch encroachment_ = 7' max. i Q Minimum Porch Width 1 Parch 30 %otc Front Facade Length _ .L .L. Sidewalk BGT Redevelopment Area Figure 8 Rowhouse Porch Diagram (For illustrative purposes only) d. Elevation Details: i. All buildina elevations visible from the street shall provide doors Porches, balconies, terraces and /or windows along a minimum of 60 percent of the front elevation and 30 percent of the side elevation for each buildina story "Percent of elevation" is measured as the horizontal plane containing doors porches balconies, terraces and /or windows in relation to the total horizontal plane of the buildina elevation Page 72 of 122 Words struek4lifeuO are deleted, words underlined are added v p Q+ Q +©= >60% of Q BGT Redevelopment Area Figure 9 Building Elevation Diagram (For illustrative purposes only) ii. All rowhouse buildings are encouraged to provide design details and architectural features to provide visual interest The types of features may vary on adjacent rowhouse facade that share a common wall, and may include: a) Dormers b) Gables C) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies 0 Decorative finish, such as wainscoating I) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) e. Garages and Driveways: i. Garages and off - street parking spaces are encouraged to be located to the rear of the building ii. Garage provided along the front facade of the building shall meet the following design standards: a) Garages shall be recessed from the front facade of the building by a minimum of 5 feet. Driveways shall be designed to provide sufficient room for a parked vehicle without interfering with sidewalks. b) Garage doors shall not exceed more than 30 percent of the front elevation. Page 73 of 122 Words &truek4hFaugh are deleted, words underlined are added 6. Building Type: APARTMENT a. Description: A multiple -unit building with units arranged vertically and /or horizontally and with Parking located below or behind the building. Units may be for rental or for sale in condominium ownership or may be designed as continuing care facilities or lodging (hotel) BGT Redevelopment Area Figure 10 Building Type: Apartment (For illustrative purposes only) b. Yards: The apartment buildina typically has a primary yard located to the rear of the structure with secondary side Yards and the potential for a small landscaped front Yard. Corner lots shall have a front yard along each street frontage. Buildings located internal to a site may be arranged in a courtyard settinq provided the site has at least 1 building oriented toward the street. Page 74 of 122 Words stmek- *FouO are deleted, words underlined are added i —1 — —T — — - — - — - — — — — * — — — —• -- -- — I Property Line I I Primarypacadie I I I I L. I I I flrrmary�acade - -j i © front Yard © Side Yard 0 Hear Yard BGT Redevelopment Area Figure 11 Apartment Building Yard Diagram (For illustrative purposes only) C. Elevation Details: All apartment building elevations visible from the street shall Provide doors, porches, balconies terraces and /or windows along a minimum of 60 percent of the front elevation and 30 percent of the side elevation for each building story . "Percent of elevation" is measured as the horizontal plane containing doors porches balconies, terraces and /or windows in relation to the total horizontal plane of the buildina elevation ii. All apartment buildings are encouraged to provide design details and architectural features to provide visual interest which may include the following: a) Dormers b) Gables C) Recessed entries d) Covered porch entries e) Pillars or posts 0 Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoating i) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) Page 75 of 122 Words stFjc44hFenh are deleted, words underlined are added Canopies porticos or porte- cocheres (integrated with the building's massing and scale) d. _ Massina and Scale: Apartment buildings shall relate in mass and scale to the adjacent built environment and shall avoid single large dominant building mass. i._ Buildings over 10,000 square feet in _gross building area shall include facade variations so that the maximum length or uninterrupted curve of any facade does not exceed 60 linear feet Facade variations shall be provided through projections and recesses with a minimum depth of 5 feet and may include Porches, balconies bav windows and /or covered entries F i A,o©ropn"ate — Building includes roofline offsets and facade vanation �sw n+v. xenw inappropriate — Building lacks rooflne offsets and facade variation BGT Redevelopment Area Figure 12 Massing and Scale Diagram (For illustrative purposes only) 7. Building Type: MIXED -USE a. Description: A building which can accommodate a variety of uses typically with the ground floor dedicated to non - residential uses and upper story floor(s) dedicated to office and /or residential uses Page 76 of 122 Words stfuek4hf og# are deleted, words underlined are added BGT Redevelopment Area Figure 13 Building Type: Mixed -Use (For illustrative purposes only) b. Yards: The mixed -use building typically has a primary Yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining BGT Redevelopment Area Figure 14 Mixed -Use Building Yard Diagram (For illustrative purposes only) Page 77 of 122 Words sfm&4hFottgh are deleted, words underlined are added C. Multi - Story: Mixed -use buildings shall have a minimum of two stories The first floor shall have a minimum floor -to- ceiling height of 14 feet d. Street Facades: The first floor of all mixed -use buildings shall be designed to encourage and complement pedestrian -style interest and activity through the following elements: i. The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) for a minimum of 60 percent of lot width 1 i i I i 1 i 1 Building i I i Max. Front Setback Front Setback Min. Property Lines I ©FaSade Width = >60`Yo of b Q Lot width Street BGT Redevelopment Area Figure 15 Mixed -Use Building Facade Diagram (For illustrative purposes only) ii. Glazing consisting of transparent windows and doors shall be provided along a minimum of 35 percent of the length of first floor building elevation along the primary street frontage Building elevations along secondary street frontages shall provide 30 percent glazing. iii. Expanses of blank walls may not exceed 20 feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows doors arcades stairs or similar features. e. Windows: Windows along the first floor building elevation shall meet the following standards: i. Clear glass windows shall not exceed a tint of more than 25% Page 78 of 122 Words strt*k4hfoagh are deleted, words underlined are added ii. Windows shall be located between 2 and 7 feet above sidewalk grade. f. Building Entrances: All mixed -use buildings shall have a clearly defined principal pedestrian entrance fronting the street. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. g. Elevation Details: i. All mixed -use buildings shall provide a minimum of 4 of the following design details and architectural features: a) Dormers b) Gables C) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves g) Bay windows h) Balconies 0 Decorative finish, such as wainscoating I) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) 1) Canopies, porticos or porte - cocheres (integrated with the building's massing and scale) M) Open arcade or covered walkway n) Bulkheads o) Transoms P) Window hoods q) Building awnings alonq first floor h. Massing and Scale: Mixed -use buildings shall relate in mass and scale to the adjacent built environment and shall avoid single large dominant building mass. i. Mixed -use buildings shall include facade variations so that the maximum length, or uninterrupted curve of any facade does not exceed 75 linear feet. Facade variations shall be provided through proiections and recesses with a minimum depth of 4 feet ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 75 linear feet. i. Materials: i. Mixed -use buildings exteriors shall consist of wood clapboard stucco finish, cement fiber board products brick or stone Page 79 of 122 Words st:°.: ^`4R are deleted, words underlined are added ii. Pitched roofs shall be metal seam (5v Crimp standing seam or similar design) slate copper, or wood shingles 8. Buildina Type: COMMERCIAL a. Description: A single or multi -story building- which accommodates non- residential and automobile oriented uses such as retail and office uses. This buildina type provides convenient vehicle access from the fronting roadway while minimizing the negative impacts of parking lots on an active pedestrian realm. BGT Redevelopment Area Figure 16 Building Type: Commercial (For illustrative purposes only) b. Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to Provide public space or outdoor dining i Property tine - -I I I j Building ? Building i j i I i i i I Prima I .L j V Facade I Primary Facads Street _ © Front Yard ©Side Yard 0 Rear Yard Page 80 of 122 Words stpaek-t#rer: o are deleted, words underlined are added BGT Redevelopment Area Figure 17 Commercial Building Yard Diagram (For illustrative purposes only) C. Street Facades: The first floor of all commercial buildings shall be designed to encourage and complement pedestrian -style interest and activity through the following elements: i. The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) as Provided in section 4.02.16 A.1.a.ii. for a minimum of 50 percent of lot width. Glazing, consisting of transparent windows and doors, covering a minimum of 30 percent of the length of first floor building elevation along the primary street frontage Building elevations along secondary street frontages shall provide 25 percent glazing, iii. Expanses of blank walls may not exceed 20 feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows doors stairs or similar features d. Windows: Windows along the first floor building elevation shall meet the following standards: i. Clear glass windows shall not exceed a tint of more than 25 percent. ii. Windows shall be located between 2 and 7 feet above sidewalk rade. Buildings over 20,000 square feet in floor area may utilize spandrel glass, or other faux window treatment for up to 25 percent of the glazing requirement e. Buildina Entrances: All commercial buildings along Bayshore Drive shall have a clearly defined principal pedestrian entrance fronting Bayshore Drive. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways f. Elevation Details: i. All commercial buildings shall provide a minimum of 4 of the following design details and architectural features: a) Dormers b) Gables c_ Recessed entries d) Covered porch entries e) Pillars or posts Page 81 of 122 Words StFUCA thFOugh are deleted, words underlined are added f) Eaves g) Bay windows h) Balconies 0 Decorative finish, such as wainscoating D Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) 1) Canopies, porticos, or Porte - cocheres (integrated with the building's massing and scale) M) Open arcade or covered walkway n) Bulkheads o) Transoms P) Window hoods g) Buildina awnings along first floor q. Massing and Scale: Commercial buildings shall relate in mass and scale to the adjacent built environment and shall avoid single large dominant buildina mass. i. Commercial buildings shall include facade variations so that the maximum length, or uninterrupted curve of any facade does not exceed 100 linear feet. Facade variations shall be provided through projections and recesses with a minimum depth of 4 feet ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a buildina and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 100 linear feet. h. Materials and Colors: i. Commercial buildings shall be of wood clapboard stucco finish cement fiber board products, brick or stone H. Pitched roofs shall be metal seam (5v crimp standing seam or similar design), slate, copper, or wood shingles Exterior buildina color: Applicants may request a deviation from the exterior building color requirements of section 5 05 08 C 13 b if 50 percent or more of the facade consists of glazing in the form of transparent windows or doors. These deviation requests shall be subiect to the Procedures established in section 5 05 08 F following the review and approval by the CRA Advisory Board to ensure consistency with CRA goals and objectives and community character. i. Awnina: i. For awninas spanning less than 25 percent of a facade an applicant may request a deviation from the color restriction identified in section 5.05.08 C.11.c.iv. These deviation requests shall be subiect to the Procedures established in section 5 05 08 Page 82 of 122 Words stFUCk thFOug# are deleted, words underlined are added F. following the review and approval by the CRA Advisory Board to ensure consistency with CRA goals and objectives and community character. 9. Building Type: CIVIC & INSTITUTIONAL a. Description: A buildinga that serves as a public gathering place and a focal point of the community. These buildings should be constructed as permanent long term additions to the area and include uses dedicated to religious, cultural, governmental or educational missions. b. General Requirements: Because of the unique characteristics of civic and institutional buildings, it is generally exempt from the standards imposed on other building types in this section and the architectural standards of section 5.05.08. The following standards shall apply: i. Buildings should be of sufficient design to serve as a visual anchor to the community. ii. All rooftop equipment shall be screened from view. E. Landscaping and Buffer Requirements 1. Applicability: Landscaping and buffering in the BMUD and GTMUD shall be provided in accordance with section 4.06.00, unless as specified in this section. 2. Buffer Requirements: Buffers shall be provided to give spatial separation and visual screening between incompatible uses. a. Perimeter Buffers: The following buffer standards shall be required for MUPs, PUDs, commercial developments and other non - residential developments in the BMUD -NC, BMUD -W and GTMUD -MXD subdistricts. i. Buffers adjacent to residential uses and residentially zoned properties shall be consistent with one of the following: a) Ten foot wide buffer including a 6 foot high opaque masonry wall and a row of trees spaced no more than 30 feet on center: or b) Fifteen foot wide buffer including trees spaced no more than 25 feet on center and a hedge consisting of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at the time of planting. Buffers adiacent to non - residential uses shall include a shared 10 foot wide buffer. Each property must contribute a minimum of 5 feet to the buffer. This buffer area may be provided in the form of landscaped area with plantings consistent with the Type A buffer requirements and /or hardscaped courtyards, mini - plazas, Page 83 of 122 Words stme. are deleted, words underlined are added outdoor eating areas, and building foundation planting areas. This buffer requirement is not required in the side yard between non - residential uses that share a common wall or between shared parking facilities. I I I Alley or Joint Access Easement _._._.r._._._. _....... _._._.r._._. ------ ...... _._.1 Fe t I I I I I Shared Parking I I I I v I I I N I I I I I I I I I _._._._. L._._._._._._. _._._._._.L._....... ...... Street © Front Yard © Side Yard © Rear Yard BGT Redevelopment Area Figure 18 Shared Buffer Diagram (For illustrative purposes only) Road Riaht- of -Wav Buffers: Road riaht- of -wav buffers for multi- family (excluding house and rowhouse building types) and non- residential developments are encouraged to coordinate with and complement the Bayshore Gateway Triangle Streetscape Guidelines. a) Developments within an Activity Center must provide a 20 foot Type D buffer adjacent to US 41, Tamiami Trail, meeting the design standards of section 4.06.02 CA b) All other developments shall provide a buffer consisting of one of the following: 1) Minimum 10 foot wide Type D buffer meeting the design standards of section 4.06.02 C.4. 2) A hardscaoed area extendina from the back of the street planting zone to the primary front facade. The hardscaped area shall perform as an expanded public realm and may include benches, outdoor eating areas, plazas, fountains, and art pieces. Page 84 of 122 Words °*r-^^h are deleted, words underlined are added I i i I i j Buffer —Option (a) Buffer — Option (b) I I I I I I I I I 1 I I ------ - - - - -- ----- - - - - -- --- - - - - -- Type D Buffer _ _ Hardscape _I._. Street BGT Redevelopment Area Figure 19 Road Right -of -Way Buffer Diagram (For illustrative purposes only) 3. Parking Lot Landscaping: a. A maximum of 30 percent of the landscape islands may have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. b. Minimum tree size shall be 1 -%" caliper and a minimum of 10 feet in height. C. Parking lot perimeter: i. Parking lots shall include perimeter planting areas that are a minimum of 5 feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide Year -round screening Trees shall be included in the perimeter landscape area at a minimum spacing of one tree /palm per 25 feet of linear frontage. Streetwalls shall be used when surface parking lots for non- residential uses abut the right -of -way of Bayshore Drive Van Buren Avenue, Thomasson Drive in the BMUD and US 41 Davis Boulevard, and Commercial Drive in the mini - triangle portion of the GTMUD. a) The wall shall complement the materials and colors of the Primary buildings and be 3 to 4 feet in height and shall have a 12 inch proiection or recess a minimum of every 15 feet. Page 85 of 122 Words 4FuelF4l4fough are deleted, words underlined are added b) The streetwall shall be set back the same distance as the primary building facade: however, the streetwall shall meet County standards for site distance triangles per section 4.06.01 D.1. C) The street side of the streetwall shall have trees at 30 feet on center planted within tree wells or a minimum 5 foot wide strip with ground covers other than grass. d) The streetwall structure shall be protected through the use of a root barrier system as identified by LDC section Figure 4.06.05.H.A. e) No streetwall is required if all of the parking is located in rear of the development. 4. Buildina Foundation Plantina: Buildina foundation plantinas shall be required per section 4.06.05 of the LDC, except as follows. The building shall provide the equivalent of 10 percent of its gross ground level floor area, in building foundation planting area. A continuous buildina foundation planting width is not required per section 4.06.05 of the LDC. However, the foundation plantings shall be located within 25 feet of the buildina edge in the form of landscaped courtyards and seating area landscaping. 5. Water Management Area: The water management area may be located within any required buffer area provided all buffer plantings can be accommodated. 6. Plant Materials: Landscaoina in the BMUD and GTMUD shall utilize tree and shrub plants that are identified in the Collier County Native Plant List in order to minimize maintenance and water demands after establishment. Ornamental plantings should be drought- tolerant in nature, consistent with Florida Yards & Neighborhoods Program, and cross - referenced with the latest Florida Exotic Pest Plant Council (FLEPPC) listing of invasive species (Categories I and II). F. Parking Standards The ouroose of the oarkina standards for the BMUD and GTMUD is to reaulate the location, siting, and design of on- street and off - street parking in a manner that provides convenient access to adjoining uses, reduces increased surface level heat and glare, and enhances pedestrian, bicyclist and motorist safety and visibility within the built environment. Parkina in the BMUD and GTMUD shall be as provided for in section 4.05.00, except as specified in this section. 1. Parking Space Requirements: Parking spaces shall be provided in accordance with the following table. For uses not specifically listed, the most similar category shall be used to calculate the minimum parking requirements. Net Floor Area is defined as total floor area excluding mechanicals and core space. Table 1. Parking Space Requirements in the BMUD and GTMUD Page 86 of 122 Words S«R,,. are deleted, words underlined are added Use Type Minimum Parking Spaces Single- Family Residential 2.0 /dwelling unit Multi- family Residential 1- bedroom 1.0 /dwelling unit 2- bedroom 1.5 /dwelling unit 3 or more bedrooms 2.0 /dwelling unit Lodging 1.0 /room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly /Museum /Gallery 1/500 sq. ft. of net floor area open to the public Institutional 1/300 sq. ft. of net floor area General Office 1/350 sq. ft. of net floor area Retail 1/300 sq. ft. of net floor area Restaurant' 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial /Manufacturing 1/500 sp. ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area Note: ' Outdoor caf6 seating shall be exempt from parking calculations. 2. Adiustments to Parking Space Requirements: Developments which meet any of the following standards may be exempted from the minimum parking requirements of this section. a. Public parking facilities. The CRA can make parking on CRA owned Property available to meet the minimum parking requirements for new construction or redevelopment proiects. An applicant must provide documentation stating the parking allocation has been approved by the CRA as part of the MUP, site development or site improvement plan process. The public parkinq facility must be located within one -half mile of the development. Once spaces are allocated to a specific property through the approval of the MUP, SDP or SIP, the applicant has one year to begin utilizing the parking. If the spaces are not used within one year, and an extension is not granted by the CRA, the spaces will be made available for reallocation and all development orders shall be revised accordingly. b. Off -site parking. Off -site parking may be used in order to meet the minimum parking requirements, provided the off -site parking is located no farther than 1,200 feet from the use it will serve. The location and design of the off -site parking will be shown on the SDP or SIP and approved as part of the SDP or SIP review and approval process. The required parking spaces will be committed by a recordable covenant, lease or other agreement. Page 87 of 122 Words stmek through are deleted, words underlined are added C. Shared parking. Shared parking is permitted for new development if the applicant establishes that the peak parking demands for the new uses clearly occur at different times A shared parkinq agreement must be recorded by a recordable covenant lease or other agreement Shared parking lots must be within 600 feet of each use and may not be separated from the use by a street right- of -wav or easement exceeding 60 feet in width. d. On- street parking. Where on- street parking exists or is permitted a development may count the spaces directly along 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. e. Tree preservation. The minimum number of spaces required may be adjusted by the County Manager or designee when it has been determined that the reduction is necessary to preserve a healthy tree or trees (with a 12 inch or -greater diameter at breast height) from being damaged or removed and where the site plan provides for the retention of said tree or trees. f. Connectivity. Parking lots are encouraged to connect to adjacent lots through the use of a ioint access easement If a joint access easement is provided for connectivity, then the minimum parking requirement for the use may be reduced by 10 percent I I i _ _ _ _ _ Alley or Joint Access Easement t-• ._.�._._._._._._._._._._.1 I i I I I Shared) Parking I I I I I I I I © I j I j I j _._._._. L._. _._....... ...... _._.L._._._._._ Street OFront Yard © Side Yard BMUD and GTMUD Area Figure 20 Parking Diagram (For illustrative Purposes only) Page 88 of 122 I ©I I © Rear Yard Words str -ucic through are deleted, words underlined are added v v 3. On- Street Parking a. On- street parking may be allowed on local streets subject to an approved right -of -way permit to construct parking spaces in the public right -of -way. b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long but is not required to be striped. For every 5 on- street parking spaces provided a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided in addition to the Pedestrian clear zone landscape requirement The corners adjacent to the travel lane shall be angled at least 45 degrees away from Perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space Each island shall be planted with hedges, groundcover and /or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting C. Angled parking may be 45 degrees or 60 degrees from the travel lane Spaces must be a minimum of 9 feet wide and 18 feet long For every 8 on- street parking spaces provided a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges groundcover and /or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off - Street Parking Location: Off - street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Off - street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUD and US 41 Davis Boulevard and Commercial Drive in the mini - triangle area of the GTMUD shall not exceed 50 percent of that building's parking requirements and shall be limited to a single aisle double loaded parking lot 5. Bicycle Parking: Bicycle parking shall be required as provided for in section 4.05.08, except as provided below. a. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in section 4 05 08 B b. Location: Bicycle parking shall have access via sidewalks pathways or driveways to the public riaht- of -wav and be located as provided below: i. Parkinq Structures: Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. Page 89 of 122 Words stmek through are deleted, words underlined are added ii. On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main buildina entrances Bicycle parking shall not obstruct walkways iii. Right- of -Wav: Bicycle parking may be located in the public right- of-way subject to an approved right -of -way permit iv. Shared Bicycle Parking: Where there is more than one buildina on a site, or parkinq is shared with an adjacent site bicycle Parking shall be distributed equally to serve all buildings and main entrances. G. Signage Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated by this section for specific uses H. Murals Murals are allowed as Dublic art within the Bayshore Gateway Triangle Redevelopment Area subject to the following conditions: 1. Murals are onlv allowed on commercial civic or institutional buildinas 2. Buildina must be located within the proposed Cultural District boundary, Community Redevelopment Aqencv Resolution 08 -60 and cannot be located along U.S. 41. 3. One mural is allowed per building 4. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. 5. The mural cannot exceed 200 square feet unless specifically approved by the CRA Advisory Board. 6. The mural shall not contain text for the Durpose of advertisinq any business or commercial activity. 7. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. 8. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape and location Page 90 of 122 Words stfKk tkOugh are deleted, words underlined are added SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - WATERFRONT SUBDISTRICT Section 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby deleted as follows: . link feRGe *6 allewed-. a. All aFeas used feF beat display aGtivities shall 9GGLIPY R9 FAeFe thaR thiFty five (36) peFGeRt of the lineaF fFentage of the PF9pe4t)t-. buildiRg they roeFve. G. All beats 10Gated within aR eutdoer sales aFea 6hall not eXGeed the height fewtew; (14) fGGt high tFees, spaGed at thiFty (30) feet OR GenteF and a Page 91 of 122 Words trough are deleted, words underlined are added SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R1) Section 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1), of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby deleted as follows: r Minimum eF -area Duplex 1000 6quaFe feet peF unit Two family -welling unit 1000 6quaFe feet pe urNk Page 92 of 122 Words stmok through are deleted, words underlined are added Page 93 of 122 Words 4raek4hfeug# are deleted, words underlined are added L 1-ff 6i Page 94 of 122 Words straFk4hFe*O are deleted, words underlined are added iiii rronc racaao Page 95 of 122 Words struck through are deleted, words underlined are added Page 96 of 122 Words struck through are deleted, words underlined are added mm Page 97 of 122 Words struck through are deleted, words underlined are added a. The feRGe shall Rot eXGeed 42 ORGhes feet 'R he;g4t-. b. The feRGe shall have an opaGity FaRge of 0 to 50-0/&. SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD -- RESIDENTIAL SUBDISTRICT (R2) Section 4.02.19 Design Standards for Development in the BMUD -- Residential Subdistrict (R2), of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page 98 of 122 Words stFuek 4Foug# are deleted, words underlined are added pe Setbacks One (Single) Family 26 feet 7.6 feet 15 feet Detached - Dwelling UA" Duplex Dwelling Wn 26 feet 6 feet unless �5#eet abutting single family unit, theA 7.5 feet Two - family dwelling 26 feet 6- feet unle66 45 feet Unit abutting single family Multi Fa" 25 feet 6- feet - unless 15 feet #Fee- OFFnGFe) abutting single family * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD -- RESIDENTIAL SUBDISTRICT (R3) Section 4.02.20 Design Standards for Development in the BMUD -- Residential Subdistrict (R3), of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby deleted as follows: 4.02.20 Design StandaFde f0F Development In the BMUD Residential Subd*6tFiGt (R3) Residential SubdiStFiGt 1, unless set feFth below. Page 99 of 122 Words stmek thfough are deleted, words underlined are added FFGRt Yafd Min. ReaF GRe- (Single)- 10 feet* a#eet S feet Family BetaGhed LJ-if- TeWRheuses 48 feet* 0 feet when abUttiRg 8 feet +yet then 54eet-. Two family 10 feet* 0-feet when abutting 8 feet dwelt+Rg unit aRGtheF dweligno unit, ire ^ 02 01 Table 2.1 undeFlying SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD -- RESIDENTIAL SUBDISTRICT (R4) Section 4.02.21 Design Standards for Development in the BMUD -- Residential Subdistrict (R4), of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page 100 of 122 Words stmek through are deleted, words underlined are added A. Development standaFdr, fGF the ResideRtial 8wbdi6tFiGt R4 aFe the same as these set . * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD) Section 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page 101 of 122 Words stmek thWugh are deleted, words underlined are added - - - -- -- - - Mor• . . - - Page 101 of 122 Words stmek thWugh are deleted, words underlined are added ors: z- - Maximum ekjht of bbldYRgS Residential USe GR'yi Maximum height of buildlng& eemmeMial uses. Maximum height Gf buildings. "MiRi T-Fiangle" Mixed Use PFejeGt. Maximum height of buildings 42 feet, not to exceed 3 stories 112 feet, net to eXGeed 8 StOF*er-- Page 102 of 122 Words mom: are deleted, words underlined are added � iMAUN lfi1C.�:L�11 i Maximum ekjht of bbldYRgS Residential USe GR'yi Maximum height of buildlng& eemmeMial uses. Maximum height Gf buildings. "MiRi T-Fiangle" Mixed Use PFejeGt. Maximum height of buildings 42 feet, not to exceed 3 stories 112 feet, net to eXGeed 8 StOF*er-- Page 102 of 122 Words mom: are deleted, words underlined are added 7.Tr-TZ Map Iffu Page 103 of 122 Words strueli through are deleted, words underlined are added mabde COMM* Pews Sim: 3.710. 7-7)8.3-118 Indus Psftm HW*Vb" Cdar. To as Ds m vw FOW Mad Zm FmO Sel6sd Zw aw use SUbdSM aw use SUN" MW G1 *NO G6 4 and W 6WO G5 Commomww" Dig" Cmmmwcjdz r" Dh*ft i I Davis Boulevard, US 41 Commercial Drive and Airport-Pulling Road RMW POM 18-70 R HNpM mm 73Rb35R SPSdfp Vsd" b A" EvSb V cmmorµ mah ss D'hw vo Page 104 of 122 Words stFUCk th et gh are deleted, words underlined are added Davis Boulevard, US 41 Commercial Drive and Airport-Pulling Road RMW POM 18-70 R HNpM mm 73Rb35R SPSdfp Vsd" b A" EvSb V cmmorµ mah ss D'hw vo Page 104 of 122 Words stFUCk th et gh are deleted, words underlined are added +wave Uaa Subd/strIcM Oendal above Comm OW Or INOdaMW only Fron ft at US 41: Maximum Actual HolghtC 56 Feet MA Trlarla Mired Use d SWISS Maximum Actual HolghC 126 Fast ti «�rn.r—ar Comma { cla / Zon(rp Ols&" Iw�IMWiN1�IYYr/ Heights accom" to uo~ LOC i oiyr�.r� wrrw�Ywa► m e.tr i W w.r.aiyie arl c�.rrr. 1M,MeMWM/q aw Mixed Use Subdistrict and C-1 through G5 Districts: Building HelphG Slap -Back, Projections and Recesses Page 105 of 122 Words stitch are deleted, words underlined are added Anoo.0 e �san Ce�W p_NiT:�LLM! Oft a_us41 ,' 4sw/r uww r.Y.VY 1 bww. W.unuin ,lceW wqm: 1M Wp CuiwmacYi Z—V d.blcb HMelib --*M ..— '0C r..�. I; Mixed Use Subdlstrlot and C-1 through C -3 Districts: Building HslQht Sfep -Bsck Pmjectbm sod Recess" – – I IJ I Page 106 of 122 Words sough are deleted, words underlined are added GTMUD • Mixed Use Subdistdct Locadon of Off Street Parking 7,.J77-,-7M77-– hik Shot I0v%RWredpA4 r LL) LI& +,,:,+.7 %* Shed Page 107 of 122 Words struck4hfough are deleted, words underlined are added 2 Mm -- - - - -- ■ - - -- - - -- - - - - �• - _ .• 04 MEWT _ .. . ■ _ _ Page 108 of 122 Words struck thr -eug# are deleted, words underlined are added ., Son Page 109 of 122 Words struck through are deleted, words underlined are added m Words struck through are deleted, words underlined are added Page 110 of 122 Words 4Fu& t FOuO are deleted, words underlined are added _ ■ - -- - _ - - - - - - IN rMLIWISINK Page 110 of 122 Words 4Fu& t FOuO are deleted, words underlined are added GTMUD - _MJxed. d Use_Subdlstrlct BuIMInD Len 7 p, It- SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R) Section 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R)of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page I 1 1 of 122 Words 4fttck4lireag# are deleted, words underlined are added I MiA. Uent y Min. side-yaFd (feeQ 9ne- (s+a9iie) ia►4i #eei 7.6 fee i as feei tits Twe family 10 feet a feel 4-6 Duplex 10 feel 5 feel 15 fee Townhouse 10 feet 5 fee i I & #ee� Multi family (thFee 9 10 fee 7.5 fee 15 feet uiiding Standwds plaGement. Page t 12 of 122 Words stie thFough are deleted, words underlined are added Full go I II �I iii III'I'lil' I m! I'I,m 1 1111 I Single Family Detached Two Story Single Fatuity Detached Two Family / Duplex / Two Story .,,atlIIIIIIIIIiIllllw,,. �itull''IIIIIIII!Illo �Tlllllllllllkm Illlllllllilll �� IIIIIIIIIIGIII -- IIIIIIIII(IIII 'i ■ ■ iiii ■�■ iiii ■ ■ iiii I� IUII — IIiI1PIiIlI — IIII�I Ili�� �' -1 �ilI' 'MmIl I l i Townhouse: Single Family Attached IIII l 1I non I I)� II11I"'II i Page 113 of 122 Words StFHA through are deleted, words underlined are added —nc rauaue Page 114 of 122 Words stpa&44foug4 are deleted, words underlined are added Page 115 of 122 Words st.e ugh are deleted, words underlined are added a. The feF;re shail not e)(Geed 42 iRGhes feet On - - -- - Eli 1— SO NN--- ... M-.- _--- e a. The feF;re shail not e)(Geed 42 iRGhes feet On - - -- - Eli 1— SO WIN _--- e a. The feF;re shail not e)(Geed 42 iRGhes feet On 5"0 h. The fenGe shall have an epaGity Fange of height. 0 tG Page 116 of 122 Words stmek through are deleted, words underlined are added SUBSECTION 3.K. ADDITION OF SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added as follows: 10.02.15 Mixed Use Proiect Procedures within the Bayshore Gateway Trianqle Redevelopment Area A. Mixed Use Project Approval Types Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUD -NC) Waterfront (BMUD W) and Mixed Use (GTMUD -MXD) Subdistricts may submit an application for a Mixed Use Protect (MUP). The MUP shall allow for a mixture of residential and commercial uses as permitted under the Table of Uses for the appropriate subdistrict Applications for a MUP may be approved administratively or throuqh a public hearing process as described in this section. A pre - application meeting is required for all MUP applications Page 117 of 122 Words sN ek Fe*g;T are deleted, words underlined are added 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP complies with all site development standards as outlined in section 4.02.16 of the LDC, ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and iii. The MUP does not seek additional density through the Bonus Density Pool provisions of section 10.02.15 C. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. 2. MUPs Requiring Public Hearing_ a. MUPs that do not meet the thresholds for administrative approval may be approved by the Board of Zoning Appeals (BZA) through a public hearing process. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures set forth in section 10.08.00, for conditional use submittal and review. The application shall be accompanied by a conceptual site plan depicting the proposed mixed -use development and noting all requested deviations In addition to the conditional use findings as set forth in section 10 08 00 D the following shall be considered: Whether or not the requested use or uses are consistent with and further the redevelopment goals and /or obiectives of the Collier County Community Redevelopment Agency (CRA) for the subdistrict(s) in which it is located. In addition to the typical staff analysis for land use petitions the Collier County Planning Commission (CCPC) may also be guided by written or verbal input from CRA staff. H. Whether or not the proposed use or uses are appropriate in terms of scale and /or size when considered in the context of the overall MUP and subdistrict. iii. Whether a requested deviation is (1) iustified in that the subject LDC provision is not practical. feasible desirable or warranted or not practical, feasible, desirable or (2) warranted to the same degree as prescribed by the subiect LDC provision in the context of the proposed mixed use proiect The applicant shall provide an analysis so the CCPC may consider the existing conditions related to the need for the requested deviation or conversely, strict Page 118 of 122 Words s'- ck through are deleted, words underlined are added adherence to the subject LDC provision in terms feasibility and /or need. iv. Whether or not the deviation will or may have a negative impact on public health, safety and welfare. C. There shall be a public hearing before the BZA legally noticed and advertised pursuant to section 10.03.05.G. d. After a Mixed Use Project has been approved by the BZA the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BZA and meeting the requirements of section 10.02.03 B.1. of the LDC The SDP may be submitted concurrent with the MUP application at the applicant's risk e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: i. The SDP is not submitted and deemed sufficient for review within one year and approved within two years of MUP approval ii. The SDP under review is deemed withdrawn and cancelled Pursuant to section 10.02.03.B.4.a. iii. The SDP is considered no longer valid pursuant to section 10.02.03.B.4.b. and c. f. An approved MUP may be amended subiect to the same procedures provided in this section. B. MUP Deviations. 1. Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting or which have obtained MUP approval through a public hearing process. Deviations to the following land development standards may be granted providing such deviation requests demonstrate compliance with the applicable criteria 2. List of Development Standards Eligible for Administrative Deviation Requests MUPs shall be eligible to seek an administrative deviation from the following LDC provisions: a. Front Setback. i. These deviation requests shall be subiect to the process and Procedures of sections 5.05.08 F.1. - 3 Deviations and Alternate Compliance, except that in order to be eligible for an administrative deviation the site shall meet at least one of the following conditions or circumstances: Page 119 of 122 Words stmekAfeagh are deleted, words underlined are added a) If constructed where otherwise required the building(s) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated Public utility easement which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) The property has a unique or challenging parcel shape or boundary, such as a narrow lot frontage on the public street. In order to administratively approve a front setback deviation the Proposed design shall create a connective and walkable environment by demonstrating a comparable relationship between Proposed alternative building(s) location(s) and their associated Pedestrian and vehicular pathways and associated parkinq facilities and transit alternatives. b. Architectural and Site Design Standards These deviation requests shall be subject to the process and procedures of sections 5 05 08 F.1. — 3 and 5. Deviations and Alternate Compliance C. Landscape and Buffer Requirements The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of sections 5 05 08 F.1. 3 Deviations and Alternate Compliance and must additionally provide a minimum of 110 percent of the open space requirement for mixed use proiects in addition to other conditions that the County Manager or designee deems necessary. d. Parking Standards. These deviation requests shall be subiect to the Process and procedures of section 4.05.04. F.2. 3. In order to provide for maximum flexibility, an applicant may request a deviation in addition to the administrative deviations specifically identified in section 10.02.15 B.2 as part of a MUP Public Hearing process Requests to deviate from LDC provisions where compliance is not practical feasible desirable or warranted in a mixed use project shall include a written justification for any such deviation. The review of these deviations shall be guided by the following considerations: a. Whether a requested deviation is (1) iustified in that the subject LDC Provision is either not practical feasible desirable or warranted or not Practical, feasible, desirable or (2) warranted to the same degree as Prescribed by the subject LDC provision in the context of the proposed mixed use proiect. The application shall provide an analysis of existing conditions and the impact of either the requested deviation or strict adherence to the subiect LDC provision in terms feasibility and /or need b. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. Page 120 of 122 Words s fuek4hfaugh are deleted, words underlined are added 4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the provisions of section 250 -58 of the Collier County Code of Laws and Ordinances. C. Bonus Density Pool Allocation Under the Collier County Future Land Use Element bonus density units are available for reallocation within the Bayshore /Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These bonus density units may be allocated between the BMUD and GTMUD overlays, and shall only be allocated through a public hearing approval process To qualify for up to 12 dwelling units per acre proiects shall comply with the followinq criteria. This density of up to 12 dwellina units per acre is only applicable until the bonus density pool has been depleted. 1. The proiect shall be within the Neighborhood Commercial (BMUD -NC) Waterfront (BMUC -W), or Commercial Mixed Use (GTMUD -MXD) Subdistricts and shall be a mixed use project. 2. Base density shall be as per the underlying zoning district The maximum density of 12 units per acre shall be calculated based upon total proiect acreage The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the 12 unit maximum being sought The difference in units per acre determines the bonus density allocation requested for the project. 3. For proposed proiects, only the Affordable Housing Density Bonus as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area CHHA . 4. The project shall comply with the standards for mixed use development set forth in section 4.02.16 C.B. 5. For proiects that do not comply with the requirements for this density increase their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. SECTION FOUR: CONFLICT AND SEVERABILITY 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 Section not affect the validity of the remaining portion. Page 121 of 122 Words stru^'u`k through are deleted, words underlined are added 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 Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 25th day of September, 2012. ATTEST: DWIGHT E. BROCK, CLERK 4s #! tO: �f�uiy Clerk 09fistlin 91 o Appfoved as to- fop' and legal sufficiency: Hei i Ashton- Cicko, Esquire Managing Assistant County Attorney 04 -CMD- 01077/1039 (9- 26 -12) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman This ordinance filed with the S cr�gtory of State't Offi e th f day of and acknowledgement of filing rec ived this - day of By � Ierk Page 122 of 122 Words stnwk4hreugh are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -39 which was adopted by the Board of County Commissioners on the 25th day of September, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida this 2nd day of October, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners 1� y �y:Teres-a Cannon; } ' ;.% Deputy Clerk'` E^