Ordinance 2000-087ORDINANCE NO. 2000- 87
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 89-05, ASAMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN BY AMENDING THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USE MAP TO ESTABLISH THE
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
OVERLAY; BY PROVIDING FOR SEVERABILITY AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act, was
required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlineg.certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Collier County Resolution 97-431 establishes a policy to utilize an annual
cycle for Growth Management Plan Amendments and allows the Board of County Commissioners
to initiate a second cycle of amendments that shall comply with the same procedures; and
WHEREAS, the Board of County Commissioners on November 23, 1999 dirT? stero
initiate the additional cycle of amendments in 2000 in recognition of the redevelopment ef~rts
underway in the Bayshore/Gateway Triangle Redevelopment area; and
WHEREAS, Collier County did submit this Growth Management Plan amendhaent to:the
Department of Community Affairs for preliminary review on May 25, 2000; and
WHEREAS, the Department of Community Affairs did review and make written objections
to this amendment to the Growth Management Plan and transmitted same in writing to Collier
County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations
and Comments Report from the Department of Community Affairs to adopt, adopt with changes or
not adopt the proposed amendment to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of this
amendment to the Growth Management Plan on December 12, 2000; and
Words underlined are additions; Words struck thrcugh are deletions
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment to the Future Land Use Element, including the
following: the Collier County staff report; the Notice of Proposed Change application; the
document entitled Collier County Growth Management Plan Amendment (CP-2000-1) and the
other .documents, testimony and information presented and made part of the record at the
meetings of the Collier County Planning Commission held December 7, 2000, and the Collier
County Board of County Commissioners held on December 12, 2000; and
WHEREAS, all applicable substantive and procedural requirements of law have been met;
And;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE ELEMENT AND
THE FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts this amendment to the Land Use
Designation Description Section'of the Future Land Use Element and Future Land Use Map in
accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached
hereto as Exhibit "A".
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
of Compliance.
SECTION THREE: EFFECTIVE DATE.
THE effective date of this amendment to the Future Land Use Element and Future Land
Use Map shall be the date a final order is issued by the Department of Community Affairs or
Administration Commission finding the Element in compliance in accordance with Section
163.3184, Florida Statutes, whichever occurs earlier. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a Resolution affirming its
effective statua, a copy of which Resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3r" Floor, Tallahassee, Florida 32399-2100.
Words underlined are additions; Words "..truck thrcu~lh are deletions
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this //~'~/~ day of ~2000.
ATTEST:
DWIGHT E. BROCK, Clerk
, ,1 '".
, at'bre on]$.
Apprbved as to form and legal sufficiency:
Marjorie, M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
James D.
Chairman
BY:
This ordinance filed with the
Se~rp. tary of St.~t.e_'s Office the
/~'~'day of ~
and acknowledgement of that
filing~,~ceived this ~y
of ./'us~
D~put~
2000 GMP Adoption Ordinance
Words underlined are additions; Words ct;uck thrc'Jgh are deletions
EXHIBIT A
Amend the existing Future Land Use Element. The proposed text additions are to Pages
11, 17, 18, 19, 22, 24 and 40.
Page 40
]:). Bayshore/Gateway Trian.q~e Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land
Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment
Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of
the redevelopment program is to encourage the revitalization of the Bayshore/Gateway
Triangle Redevelopment Area by providing incentives that will encourage the private
sector to invest in this urban area. This Overlay allows for additional neiqhborhood
commercial uses and higher residential densities that will promote the assembly of
property, or joint ventures between property owners, while providing interconnections
between properties and neighborhoods. The intent of this Overlay is to allow for more
intense development in an urban area where urban services are available. Oneor more
zoning overlays will be adopted into the Collier County Land Development Code to aid in
the implementation of this Overlay. The following provisions and restrictions apply to
this Overlay:
1. Mixed-Use Development: Mix of residential and commercial uses are permitted.
For such development, commercial uses are limited to C-1 through C-3 zoning
district uses plus hotel/motel use. Mixed-use projects will be pedestrian oriented
and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby
residential areas. The intent is to encourage pedestrian use of the commercial
area and to provide opportunity for nearby residents to access these commercial
uses without traveling onto major roadways. Parking facilities are encouraqed to
be located in the rear of the buildings with the buildings oriented closer to the maior
roadway to promote traditional urban development.
Residential uses are allowed within this Overlay. Permitted density shall be as
determined through application of the Density Rating System, and applicable FLUE
Policies, except as provided below and except as may be limited by a zoning
overlay.
Non-residential/non-commercial uses allowed within this Overlay include essential
services; parks, recreation and open space uses; water-dependent and water-
related uses; child care centers; community facility uses; safety service facilities;
and utility and communication facilities.
*words underlined are added; words struck-~rough are deleted.
4. Properties with access to US-41 East are allowed a maximum density of 12
0
residential units per acre. In order to be eligible for this hiqher density, the project
must be integrated into a mixed-use development with access to existing
neighborhoods and adjoining commercial propedies and comply with the standards
identified in Paragraph #9, below, except for mixed use projects developed within
the "mini trianqle" catalyst project site as identified on the Bayshore/Gateway
Triangle Redevelopment ~)verlay Map. The "mini triangle" project site is eliqible for
the maximum density of 12 units per acre, with development standards to be
approved by the Board of County Commissioners at a later time. 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,
except as may be limited by a future zoning overlay.
Properties with access to Bayshore Drive, as identified in the Bayshore Drive
Mixed Use Zoning Overlay District, are allowed a maximum density of 12
residential units per acre. In order to be eligible for this higher density, the
property must meet the specific development standards that will apply to residential
and mixed-use development along the Bayshore Drive corridor, and must comply
with the standards identified in Paragraph #9, below. Fqr projects that do not
comply with the requirements for this density increase, their density is limited to
that allowed by the Density Rating System and applicable FLUE Policies, except
as may be limited by a future zoning overlay.
The Bayshore Drive Zoninq Overlay will be developed and adopted into the Land
Development Code in the present or next available amendment cycle. Expansion
of existing commercial zoning boundaries along Bayshore Drive within the
Bayshore Drive Mixed Use Zoning Overlay District will not be allowed until the
zoning overlay is in place. Non-commercially zoned properties within the Bayshore
Drive Mixed Use Zoning Overlay District may be eligible for in-fill, low-intensity
commercial development provided they meet the criteria listed below:
If one parcel in the proposed project abuts commercial zoninq on one side, the
commercial zoning may be applied for the entire project site. The following
requirements must be met: joint access and/or vehicular interconnection;
pedestrian interconnection; and the entire project site must comply with
Division 2.8 of the Land Development Code, as may be modified by the
Bayshore Drive Mixed Use Zoning Overlay.
The depth of a parcel for which commercial zoning is sought may exceed the
depth of the abutting commercially zoned property. Adequate buffers must be
provided between the commercial uses and non-commercial uses and non-
commercial zoning.
c. The proiect must be compatible with existing land uses and permitted future
land uses on surrounding properties.
Parcels currently within the boundaries of Mixed Use Activity Center #16 will
continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning
*words underlined are added; words struck-.~.rcugh are deleted.
o
overlay may be developed for these properties within the Mixed Use Activity Center
to provide specific development standards.
Existing zoning districts for some properties within the Bayshore/Gateway Triangle
Redevelopment Overlay allow uses, densities and development standards that are
inconsistent with the uses, densities and development standards allowed within
this Overlay. These properties are allowed to develop and redevelop in
accordance with their existing zoning until such time as a zoning overlay is adopted
which may limit such uses, densities and development standards.
To qualify for 12 dwelling units per acre, mixed use projects within the
Bayshore/Gateway Triangle Redevelopment Overlay must comply with the
following standards:
a. Buildings containing only commercial uses are limited to a maximum height of
three stories.
b. Buildings containing only residential uses are limited to a maximum height of
three stories except such buildings are allowed a maximum height of four stories if
said residential buildings are located in close proximity to US-41.
c. Buildings containing mixed use (residential uses over commercial uses) are
limited to a maximum heiqht of four stories.
d. Hotels/motels will be limited to a maximum height of four stories.
¢. For purposes of this Overlay, each 14 feet of building height shall be considered
one story.
f. For mixed-use buildings, commercial uses are permitted on the first two stories
only.
g. Each building containing commercial uses only is limited to a maximum building
footprint of 20,000 square feet gross floor area.
h. One or more zoning overlays may be adopted which may include more
restrictive standards than listed above in Paragraphs a -cj.
10. For properties outside of the Coastal High Hazard Area, any eligible density
bonuses, as provided in the Density Rating System, are in addition to the eliqible
density provided herein. For properties within the Coastal High Hazard Area
(CHHA), only the affordable housing density bonus, as provided in the Density
Rating System, is allowed in addition to the eligible density provided herein. For all
properties, the maximum density allowed is that specified under Density Conditions
in the Density Ratin.q System.
11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for
density bonuses as provided in #4 and #5 above for that portion of the Overlay
lying within the CHHA, except that 156 dwelling units with direct access to US-41
East shall not be counted towards this 388 dwelling unit limitation. These 388
dwelling units correspond with the number of dwelling units to be rezoned from the
*words underlined are added; words o* ....~--"" .....~-
............ ~,. are deleted.
12.
13.
botanical gardens sites, as provided for below, resulting in a shift of dwelling units
within the CHHA. There is no such density bonus limitation for that portion of the
Overlay lying outside of the CHHA.
The Botanical Garden, Inc. properties located in Section 23,Township 50 South
and Range 25 East and shown on the Bayshore/Gateway Triangle Redevelopment
Overlay Map, shall be limited to non-residential uses except for caretaker,
dormitory, and other housing integralIv related to the Botanical Garden or other
institutional and/or recreational open space uses.
Within one year of the effective date of this amendment establishing the
Bayshore/Gateway Triangle Redevelopment Overlay, the properties to be
developed with a botanical garden or other non-residential use, will be rezoned
from the present 388 residential zoninq districts to a non-residential zoning
district(s). No portion of the dwellinq unit density bonuses within the CHHA can be
utilized until a corresponding number of dwelling units has been rezoned from the
botanical gardens site(s), as provided for above.
The following changes are needed to clarify the intent of the overlay in other sections of
the Future Land Use Element.
Page 11
Policy 1.5:
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. Areas of Environmental Concern Overlay
C. Airport Noise Area Overlay
D. Bayshore/Gateway Triangle Redevelopment Overlay
Page 17 and 18
I. URBAN DESIGNATION
Urban Designated Areas will accommodate the following uses:
Residential Uses including single family, multi-family, duplex and mobile home.
The maximum densities allowed are identified in the Districts,-aRdSubdistricts and
Overlays that follow.
Non-residential uses including:
12. Commercial uses subject to criteria identified in the Urban - Mixed Use
District, PUD Neighborhood Village Center Subdistrict, and in the Urban
Commercial District, Mixed Use Activity Center Subdistrict and Interchange
Activity Center Subdistrict and in the Bayshore/Gateway Triangle
Redevelopment Overlay.
15.
Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the
Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as
permitted in the Bayshore/Gateway Triangle Redevelopment Overlay.
Page 19
2. Urban Coastal Fringe Subdistrict
*words underlined are added; words ~ are deleted.
In order to facilitate hurricane evacuation and to protect the adjacent environmentally
sensitive Conservation Designated Area, residential densities shall be limited to a
maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to
exceed 4 units per acre through provision of Affordable Housing and Transfer of
Development Rights, and except as provided in the Bayshore/Gateway Triangle
Redevelopment Overlay.
Page 22
DENSITY RATING SYSTEM
The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the
extent that the residential density cap of 4 dwelling units per acre is not exceeded,
except for the density bonus for Affordable Housing and Transfer of Development
Rights, and except as provided for in the Bayshore/Gateway Trian.qle Redevelopment
Overlay.
Page 24
1. Mixed Use Activity Center Subdistrict
The Mixed Use Activity Center concept is designed to concentrate almost all new
commercial zoning in locations where traffic impacts can readily be accommodated, to
avoid strip and disorganized patterns of commercial development, and to create focal
points within the community. Additionally, some commercial development is allowed
outside Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict,
Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict,
Traditional Neighborhood Design Subdistrict, the Bayshore/Gateway Triangle
Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use
Element.
Page 40
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Centers
Properties Consistent by Policy (5.9,5.10,5.11 )
Natural Resources Wetlands Map
Wellhead Protection Areas
Bayshore/Gateway Triangle Redevelopment Overlay Map
*words underlined are added; words struck-~rough are deleted.
BA YSttL1RE / $A TEWA Y TRIAIIIGLE REDEl/EL OP!VlEIIIT 0 VERLA Y
21.30 AC.
t2.15 AC.
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION
COHMUNITY DEVELOPU£NT AND ENV~RON~JENIAL SERVICES DIVISION
DAI'E: 12-2000 F~LE BAYGATE' O¥1ER[AY-~CDWG
CONTRACT BEING
NEGOTIATED
BOTANICA~ GARDENS' PROPERTY
(ELIGIBLE FOR DENSITY ~ANSFER)
CONTRACT BEING NEGOTIATED
BAYSHORE I GATEWAY TRIANGLE
REDEVELOPMENT OVERLAY BOUNDARY
'MINI TRIANGt. E'
CATALYST PROJECT
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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 copy of:
ORDINANCE NO. 2000-87
Which was adopted by the Board of County Commission~r_s
the 12th day of December, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 13t~ayn.~
of Dece~er, 2000.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commissioners
By: Ellie Hoffman,
Deputy Clerk