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CCPC Agenda 12/04/2014 R COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA DECEMBER 4, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, DECEMBER 4, 2014, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES—October 16,2014"Special"LDC/CCPC 6. BCC REPORT-RECAPS— 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDZ-PL20140000340: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No.2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project known as Collier 36 RPUD to allow development of up to 40 single family and/or multi-family dwelling units on property located on the east side of Collier Boulevard (CR 951)and north of Bucks Run Drive in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 10±acres;and by providing an effective date. [Coordinator: Kay Deselem,AICP, Principal Planner] 1 9. ADVERTISED PUBLIC HEARINGS A. PUDZ-A-PL20140000156: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps to change the zoning classification of the herein described real property from a Residential Planned Unit Development(RPUD)to a RPUD for a project to be known as the Warm Springs RPUD to allow construction of a maximum of 400 residential dwelling units on property located east of Collier Boulevard (C.R. 951)and approximately one mile south of Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 114+ acres; providing for the repeal of Ordinance Number 05-21, formerly the Warm Springs RPUD; and by providing an effective date. [Coordinator: Kay Deselem,AICP, Principal Planner] B. PL20130001109/CPSP-2013-6: An Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, adopting 2011 Evaluation and Appraisal Report (EAR) Based Amendments to the Collier County Growth Management Plan to fix glitches related to changes in the 2011 EAR-Based Amendments and to revise, format, structure and language for internal consistency, specifically amending the Capital Improvement Element, Conservation & Coastal Management Element,Future Land Use Element and Future Land Use Map and Map Series, Recreation & Open Space Element, Stormwater Management Sub-Element of the Public Facilities Element, and the Transportation Element; and furthermore recommending Transmittal of the Adopted Amendments to the Florida Department of Economic Opportunity; and providing for severability and providing for an effective date. [Coordinator:Corby Schmidt,AICP,Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp • 2 AGENDA ITEM 9-A Co ie-r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING&REGULATION HEARING DATE: DECEMBER 4,2014 SUBJECT: PUDZ-A-PL20140000156, WARM SPRINGS RPUD PROPERTY OWNER&APPLICANT/AGENT: Agents: D. Wayne Arnold,AICP Richard D. Yovanovich, Esquire Q. Grady Minor&Associates,Inc. Coleman, Yovanovich&Koester,P.A. 3800 Via Del Rey Northern Trust Bank Building Bonita Springs,FL 34134 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 Owner/Applicant: Argo Warm Springs LLLP 21141 Bella Terra Boulevard Estero,FL 33928 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Warm Springs Residential Planned Unit Development (RPUD) to allow construction of a maximum of 400 residential dwelling units. For details about the project proposal, refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 114± acres, is located east of Collier Boulevard (C.R. 951) and approximately one mile south of Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East,Collier County,Florida(See location map on the following page) PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 1 of 16 December 4,2014 CCPC Revised: 11/10/14 �� — ... 13 1 w. n r is ++ ose n _ • rs�r ,,_, t r�\lllllllllllllllll///1\\�+IIIIIIIIII/Aj� .°&!Ym ml i7 1 1111111Fr 4,4".1111111p44 [g me E 1•11.211 e \111!ii►�IlJlll�-111_ g 39 _ sz j a wa`" X a "-e-461111111U11111111111 - 1 III- -- Mi-, ell ::_%IIItLI1111IIIIIIII IIIIIIIIIIIIIII1111UV- !IIIn41i111011IIIp;M11I.! 1ip; 1 1��1 MX 010911 —.4,8ki1.10 4aee„„r""'.--- .1.-'—.7 » n ¢ n PROJECT 3. ▪°... 1•10.5 ff.. wa+°a " "...OW LOOATION 1 l'%;,,,,,,,,,,,,,;:q54's °� ,,,..... nun.,...''',m:men I m r �I _ .: "7::'''''. .o..""�;au,,''.,'l;!! SITE r,,. f _ - LOCATION e13 ', WV awe v 3f WO .. 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R 5 R, z I 111 01 I _ R ZONED:A I R R 1 RFMUQ i:i R 1 I � X2: 9 :::: �:;; ::::::�:�:;: RECEIVING) N 1 \ LAKE R i► SE: GOLF R U L.AI�! iI �n 1 m 1 1 N O I C i 1 COURSE i LAKE I• O^ C' I . - CIS ■m r' � R 7 I R I 6 J R ' _ -,- _ ------_____ - .a . N � " �REE9RId3020w — — ZONED: RPUD(BRISTOL PINES) ZONED:RPUD ZONED: A 1 USE: RESIDENTIAL (BUTTONWOOD PRESERVE) USE: CABLE UTILITY SITE r USE: UNDEVELOPED RESIDENTIAL SITE DATA ' DEVIATIONS TOTAL SITE AREA I 113-67t AC Q FROM UDC SECTION 6.05,02A2 SIDEWALKS,BIKE LANE AND PATHWAY REQUIREMENTS,WHICH REQUIRES SIDEWALKS WHICH ARE INTERNAL MAXIMUM DWELLING UNITS:400 RESIDENTIAL TO THE DEVELOPMENT TO BE CONSTRUCTED ON BOTH SIDES OF LOCAL STREETS,TO ALLOW SIDEWALKS ON ONE SIOE OF THE STREET FOR A PORTION OF THE PROJECT AND NONE ON A CUL-DE-SAC.SEE EXHIBIT E-1,SIDEWALK EXHIBIT. 02 FROM LOC SECTION 6.05.01.N,STREET SYSTEM REQUIREMENTS AND APPENDIX B,TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN PRESERVE: STANDARDS,WHICH ESTABLISHES A BO FOOT W10E LOCAL ROAD,TO ALLOW A MINIMUM 40'WIDE LOCAL PRIVATE ROAD. SEE EXHIBIT 5-2, REQUIRED-21±72 ACRES(B426t ACRES NATIVE VEGETATION X 25%) PRIVATE ROAD CROSS SECTION. PROVIDED-25t ACRES ©FROM LOC SECTION 6.06.01.1,STREET SYSTEM REQUIREMENTS,WHICH LIMITS CUL-DE-SACS TO A MAXIMUM LENGTH OF 1,000 FEET,TO PERMIT CUL-DE-SACS TO EXCEED 1,0,0 00 FEET IN LENGTH TO A MAXIMUM OF 2,740 FEET WITH PLACEMENT OF NO THROUGH TRAFFIC SIONAGE ; ® SC (O E RESIDENTIAL FT NOE PROJECT ENTRANCE,TO PERMIT A BOUNDARY SIGN OF UP TO SA SQUARE FEET(PER SIGN FACE)TO BE LOCATED ALONG THE COLLIER BOULEVARD FRONTAGE OF THE PROPERTY AND TO EXCEED THE MAXIMUM SIGN HEIGHT OF 8 FEET FOR A MAXIMUM OF 10 FEET IN a 1. A 25FOOT WIDE TYPE'D'LANDSCAPE BUFFER SHALL BE PROVIDED ALONG HEIGHT MEASURED FROM ADJACENT ROADWAY CENTERLINE ELEVATION.SEE EXHIBIT E-3,BOUNDARY MARKER SIGN THE WESTERN,SOUTHERN AND EASTERN PUD BOUNDARY,A 10-FOOT WIDE 0 FROM LOC SECTION 5.03.020 AND 5.03.02F,FENCES AND WALLS,WHICH PERMITS RESIDENTIAL FENCESM'ALLS TO BE A MAXIMUM OF F IN TYPE A LANDSCAPE BUFFER SHALL BE PROVIDED ALONG THE NORTHERN PUD HEIGHT MEASURED FROM EXISTING GROUND LEVELS NEAR THE FENCE/WALL,TO PERMIT THE PERIMETER WALL/FENCE TO BE A MAXIMUM HEIGHT OF 12'.THE MAXIMUM HEIGHT OF THE WALL STRUCTURE WOULD NOT EXCEED S.WITH THE REMAINING 4 FEET BEING PART OF A BERM. BOUNDARY. SEE EXHIBIT E4,PERIMETER WALL/FENCE 2 THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR [I.FROM LOC SECTION 4.05.02,BUFFER REQUIREMENTS,WHICH REQUIRES A 20'WADE TYPE ro LANDSCAPE BUFFER ADJACENT TO ANY ROAD MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. RIGHT-OF-WAY EXTERNAL T01115 DEVELOPMENT PROJECT,TO PERMIT A 15 WIDE TYPE V LANDSCAPE BUFFER IN THE AREA IDENTIFIED ON EXHIBIT E5. 3. DEVIATIONS 1,2 AND 5 APPLY TO THE OVERALL PUD. REVISED 0005/2014 I LEGEND -- o ve'wo MARY SPRINGS RPUD BW-^ R RESIDENTIAL E ®GradyMinor " °° E%HINT C AA AMENITY AREA mma••�r,sr�im `"lam:°"° ••� °�• ern • IM sit MASKS PC `� fic DEVIATION ....n e., ,..,,,,.. a ,-a i Immokalee RD I 81 1 1 1 I I 1 1 1 I I i 1 1 Project Location: :0 crystal take RV Resort POD Warm Springs PUD 12--- Density:3 O 03 I I0 I t Brittany Bay Apartments PUD Density:8,16 x1 , 1 Pristal Pines PUP Density:6.8 PnttUrtwUnd Preserve PUP Penalty:4.00 1 1 I lel 1 1 1 1 1 I I 1 1 1 1 N i .AN 1 W Irit� fi S 1 I I 1 1 GROSS DENSITY PER ACRE (UPA) 0 250 800 1,000 1,500 i Feet FOR WARM SPRINGS PUD am mapping can Yang,ACP SURROUNDING PROPERTIES Growth Menagenwnf Division PURPOSE/DESCRIPTION OF PROJECT: The applicant provided the following information regarding the proposed amendment: This application proposes to rezone the subject 114+/- acre properly from PUD to PUD. The property is presently zoned Warm Springs PUD, and was approved by Collier County Ordinance 05-21. Due to lack of development activity, the PUD was deemed to have sunset; therefore, the owner has elected to rezone the property to reactivate the PUD. The project was previously approved for a maximum of 450 multi family dwelling units. The proposed RPUD application requests a maximum of 400 dwelling units, and proposes to permit single family dwelling units as a development option in addition to the previously approved multi family dwelling units. Appropriate development standards have been established for each residential dwelling unit type. The conceptual RPUD master plan is being revised to identify an increased development envelope compared to that previously approved. Access to the project will continue to be from Tree Farm Road. The subject property is undeveloped. It was originally rezoned from the Agricultural zoning district to the PUD zoning district for a project known as the Nicea Academy on August 1, 2014 via Ordinance Number 2000-52. That ordinance allowed for 10 dwelling units on 10 acres and private religious school, education facilities, church, a day care, adult living facilities and a fire station. That ordinance was repealed and replaced with Ordinance Number 03-64 adopted November 18, 2003, which changed the uses to allow 250 dwelling units. Ordinance Number 05-21, adopted April 26, 2005, changed the name of the project to the Warm Springs RPUD, and increased the number of allowable units to 450 dwelling units. Ordinance Number 14-33 amended the LDC to remove the sunsetting provisions for PUD zoned projects. That ordinance was adopted after this petition was submitted. The Master Plan indicates there are two potential access points onto Tree Farm Road, but no access points are shown to Collier Boulevard. Residential areas, preserve areas, roadways and lake areas are also shown on the Master Plan. SURROUNDING LAND USE AND ZONING:, North: Crystal Lake RV Subdivision Resort PUD,approved for 490 park trailer/recreational vehicle units on 159 acres,and scattered single-family homes along the south side of Acremaker Road,with a zoning designation of Agriculture East: Massey Street, then Calusa Pine Golf and Country Club, with a zoning designation of Agriculture South: Tree Farm Road then Bristol Pines PUD, a mostly developed multi-family project approved for a density of 7 units per acre (using affordable housing bonus density provisions), the Canopy subdivision, zoned as the Buttonwood Preserve PUD, approved at a density of 4 units per acre in PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 2 of 16 December 4,2014 CCPC Revised: 11/10/14 Ordinance #13-18, and an 18 + acre site that is partially cleared and contains communication towers West: Collier Boulevard, then Brittany Bay Apartments PUD, approved at a density of 8.16 units per acre(using affordable housing bonus density provisions) r • . i1 j } r ' , Milk 4T -! .4 j i ��. " v I, 5 ' .0,: v . .m t r y •- II r • 4 YT d � d PP` ',CPI h�.. 6 •.: t 5��•N F,i� 4'r �'� �,. Subject Property Cf s r J "� -- ''- 951 fec n'm• r - i 1-), . rAe ! -, .r : � . ri. , . r , . Ml•T.11b i ii-a . w t". i' �4 r z , fir( }- 4 �*� n yyna r t 7 1 q w )ll ��rPt'. )r � yygqyqq . Aerial Photo (the subject site, shown in yellow, is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict), and a portion of the site is located within a residential density band, as depicted on the Future Land Use Map of the Collier County Growth Management Plan. Relevant to this petition, this designation allows a variety of residential unit types and customary accessory uses, subject to the Density Rating System. Review of the Density Rating System yields the portion of the subject project located outside of the residential density band eligible for a base density of 4 DU/A and the portion of the subject project located within the residential density band eligible for the base density of 4 DU/A and a density bonus of up to 3 residential units per gross acre. Accordingly, the project has an eligible density of 4+ DU/A or greater than 456 units. However, the petitioner is not requesting any bonus density for that portion of the project located within the residential density band. The applicant proposes 400 DUs,yielding 3.52 DU/A(400 units/+113.67 acres). PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 3 of 16 December 4,2014 CCPC Revised: 11/10/14 Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects,where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, PUD Master Plan, depicts access to Tree Farm Road — a local roadway that connects to Collier Boulevard. No direct access is provided to Collier Boulevard, classified as an arterial road in the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, RPUD Master Plan, depicts a roadway that will run through the project to allow access onto Collier Boulevard and future Massey/Woodcrest Road extension, via Tree Farm Road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, RPUD Master Plan, does not depict interconnections with abutting properties to the north of the site. The northern property boundary abuts the preservation area within the developed Crystal Lake PUD site; and, undeveloped and developed, Agricultural zoned tracts. Also, the subject site's preserve extends along the north property line. Interconnections to these properties north of the subject site do not appear to be feasible. The other three property boundaries abut roads.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD allows for a variety of dwelling unit types; and, provides for open space and preservation areas, consistent with the Land Development Code (LDC). The existing PUD is approved with a deviation allowing sidewalks on one side of the street only and no sidewalks on cul-de-sacs.] Based upon the above analysis, the proposed RPUD is consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this amendment within the 5 year planning period. Therefore,the subject PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 4 of 16 December 4,2014 CCPC Revised: 11/10/14 application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation& Coastal Management Element (CCME). The project site consists of 84.26 acres of native vegetation; a minimum of 21.07 (25%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE contingent upon Board approval of the companion Growth Management Plan amendment, Petition PL20120002382/CPSS-2013-1, to establish the Bayshore/Thomasson Drive Subdistrict. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis."In addition,staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. The PUD Master Plan provides a 25 acre Preserve, which exceeds the minimum requirement. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. School Board Review: At this time there is sufficient capacity for the proposed development either within the concurrency service areas the development is located within or the adjacent currency service areas at the elementary, middle and high school levels. This finding is for planning and informational purposes only and does not constitute either a reservation of capacity or a finding of PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 5 of 16 December 4,2014 CCPC Revised: 11/10/14 concurrency for the proposed project. At the time of site plan or plat the development would be reviewed for concurrency to ensure there is capacity within the concurrency service area the development is located within and adjacent concurrency service areas such that the level of service standards are not exceeded. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to,the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site,the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation,architectural features,amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. To the north in the Crystal Lake development, there is a 20 acre preserve area that will separate the uses in this project from Crystal Lake uses. Also to the north are the agriculturally zoned homes along Acremaker Road. The Master Plan for Warm Springs provides a 30-foot wide preserve area to separate the two projects. To the east, is Massey Street and then the Calusa Pine Golf Course. To the south, is Tree Farm Road, then Bristol Pines PUD and the Buttonwood Preserve PUD which are developing. To the west is Collier Boulevard,then Brittany Bay Apartments PUD. The development standards contained in the PUD document reflect a design approach that will provide multiple housing type opportunities to include single-family detached, townhouse, two family and duplex, zero lot line, and multi-family dwelling units. The PUD indicates and a minimum front-yard setback of 20 feet; and side setbacks of 5-feet for single-family detached units, and 0 or 6 for townhouses, 5 feet for two family and duplexes,0 or 10 feet zero lot line units,and 10 feet for multi-family units. A perimeter boundary setback of 15 feet would be provided for all housing types. All unit types proposed a 25 foot zoned maximum height and a 30 foot actual height. The proposed property development regulations are compatible with those approved for nearby projects. The applicant is reducing the overall number of units that could be built in this project from 450 units to 320 units. Based upon the analysis above, staff believes the intensity of the uses proposed in this amendment is consistent with FLUE Policy 5.4 that requires new land uses to be compatible with the surrounding area. Deviation Discussion: The petitioner is seeking approval of six deviations from the requirements of the LDC. The deviations are listed in the PUD document in Exhibit D. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 6 of 16 December 4,2014 CCPC Revised: 11/10/14 redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements,which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow sidewalks on one side of the street only and none on a cul-de- sac, as identified on Exhibit E-1. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed Warm Springs project will be a gated community with private streets. A maximum of 320 homes are proposed within the community. A sidewalk on one side of the street is sufficient to serve the community needs and to provide safe pedestrian access throughout the community. Additionally, there are development constraints which limit the installation of sidewalks on both sides of the private streets. The project is providing a minimum 50' wide preserve area along the northern boundary, and approximately 40'of property adjacent to the southern property boundary was taken by eminent domain for the extension of Tree Farm Road. The loss of 90'of usable area to support development prohibits installation of a dual sidewalk while providing the minimum 23'setback required by Collier County. A typical cross-section of the project from north to south has been provided demonstrating that the dual sidewalks cannot be accommodated The Developer will include traffic calming techniques such as low posted speed signage, speed tables, speed humps and/or raised crosswalks. Staff Analysis and Recommendation: Staff can support this deviation, subject to the stipulation that the developer provide 1 canopy tree (or canopy tree equivalent) per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. This stipulation shall serve to assist in the implementation of LDC Section 4.06.01.A. f and g and B.2. h and i of the landscape and buffering requirements that states: Improve environmental quality by reducing and reversing air, noise, heat and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; and Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation. The trees shall be those identified in 4.06.05.D 1 & 2. These additional trees should provide a needed enhancement for the sidewalk on one side of the road and make using it a more pleasing experience. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation noted above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 7 of 16 December 4,2014 CCPC Revised: 11/10/14 that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation#2 seeks relief from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60 foot wide local road,to allow a minimum 40' wide local private road. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed 40' wide private road ROW is sufficiently wide to accommodate the required roadway improvements. Utilities and sidewalks can be placed within easements outside the private ROW. The site has some areas where physical constraints will limit the ability to provide a standard 60' ROW for a local road. The internal project roads will be private and the standard public ROW is not necessary for internal traffic volumes. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet to permit cul-de-sacs to exceed 1,000 feet in length to a maximum of 2,750 feet with placement of no through traffic signage. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed residential development tracts due to their separation by proposed lake areas and other geographic factors require access via cul-de-sacs. The 1,000' length will need to be exceeded in order to gain adequate vehicular access to all development areas within the PUD. The cul-de-sacs can be identified with appropriate signage indicating that the roads are not through streets. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4 seeks relief From LDC Section 5.06.02.B.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit a boundary marker sign of up to 64 square feet(per sign face)to be located along the Collier Boulevard frontage of the property and to exceed the maximum sign height of 8' for a maximum of 10 feet in height measured from adjacent roadway centerline elevation. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 8 of 16 December 4,2014 CCPC Revised: 11110/14 } Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is justified due to the project access location on Tree Farm Road, which entrance would not be visible from the arterial roadway serving the project, Collier Boulevard. Providing signage along Collier Boulevard would be permitted if the developer had access directly onto Collier Boulevard. Due to arterial spacing criteria, access to Collier Boulevard is not permitted The sign will be designed to primarily face Collier Boulevard; however it will be adjacent to both Tree Farm Road and Collier Boulevard Sign height is measured from the nearest centerline roadway elevation. The centerline elevation along Collier Boulevard is approximately 16.5' and the Tree Farm Road elevation is approximately 15'average. The proposed sign will be on land filled to establish finished floor elevations for the project, which will require approximately 3'offill. The top of the 8'high sign wall will be at an elevation of 25'or 10' above the Tree Farm Road centerline elevation. The sign will be over 100'from the nearest travel lane of Collier Boulevard and the scale and height are appropriate for this location. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 5.03.02.0 and 5.03.02.F, Fences and Walls, which permits residential fences/walls to be a maximum of 6' in height measured from existing ground levels near the fence/wall, to permit the perimeter wall/fence to be a maximum height of 12' measured. The maximum height of the wall structure would not exceed 8', with the remaining 4 feet being part of a berm. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is warranted because the existing grade of the property is significantly lower than the required finished grade. Furthermore, Tree Farm Road and Woodcrest/Massey will become collector roadways carrying significant volumes of traffic with increasing noise to the community residents. Collier Boulevard is a major arterial roadway and the developer needs an opportunity to provide some noise attenuation and privacy for residents of the community. The existing grade of the property varies; however, along the Tree Farm Road frontage the average existing grade is approximately 13'. The developer proposes to install a maximum 8' high wall/fence on top of a berm or finished lot which would make the total height of the wall/fence approximately 12'from existing ground elevations. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 9 of 16 December 4,2014 CCPC Revised: 11/10/14 community," and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #6 seeks relief from LDC Section 4.06.02, Buffer Requirements, which requires a 20' wide type `D' landscape buffer adjacent to any road right-of-way external to the development project,to permit a 10' wide type `D' landscape buffer in the area identified on Exhibit E-5. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is warranted due to approximately 40' of property adjacent to the southern properly utilized for the extension of Tree Farm Road. There is adequate area to accommodate the 20' wide landscape buffer if permitted as an easement. Due to recent direction to have buffers as separately platted tracts, the 20' width cannot be accommodated along the entire frontage of Tree Farm Road without negatively impacting the development of the proposed lots along a portion of Tree Farm Road. There are two primary factors which impact this portion of the project. First, the ROW utilized for Tree Farm Road is not consistent across the property and in this Section of the project, Tree Farm Road extends farther north. Second, the SFWMD and U.S.Army Corps of Engineers are requiring a 50'wide preserve area which further restricts the projects ability to shift lots to accommodate the request to have the landscape buffer as a separately platted tract. The 10'width in this section of the project can accommodate the required buffer plantings consistent with those planted in the remaining 20' wide buffer tract. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally,Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold,non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 10 of 16 December 4,2014 CCPC Revised: 11/10/14 Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the Future Land Use Element. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review.The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 11 of 16 December 4,2014 CCPC Revised: 11/10/14 The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of five deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviation. Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Comprehensive Planning staff finds the proposed PUDZA application consistent with the Future Land Use Element Therefore,staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. No land is being added to the PUD as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 12 of 16 December 4,2014 CCPC Revised: 11/10/14 Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer (Developer Commitments). Staff believes the petition can be deemed consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 13 of 16 December 4,2014 CCPC Revised: 11/10/14 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; If the proposed development complies with the Growth Management Plan through the proposed amendment, then that constitutes is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted,and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 14 of 16 December 4,2014 CCPC Revised: 11/10/14 } Additional development anticipated by the PUD document would require considerable site =_ alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): The NIM summary is included in the application packets provided by the petitioner's agent. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on November 10,2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZA-PL20140000156 to the BCC with a recommendation of approval subject to the following stipulation: 1. The developer shall provide 1 canopy tree (or canopy tree equivalent)per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 15 of 16 December 4,2014 CCPC Revised: 11/10/14 PREPARED BY: flortle-nu KA II+ SELEM,AICP,PRINCIPAL PLANNER ATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: II • 5 • 14' RAYIVI D V. BELLOWS,ZONING MANAGER DATE DEPARMENT OF PLANNING AND ZONING //G- �Y MIKE BOSI, AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: 1/ -1) 'i i or, SAL UID ,AD TRA■i R DATE G',5 TH MANAGE ENT VISION Tentatively scheduled for the January 27,2015 Board of County Commissioners Meeting PUDZ-A-PL20140000156,WARM SPRINGS RPUD Page 16 of 16 December 4 CCPC Revised: 11/6/14 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)TO A RPUD FOR A PROJECT TO BE KNOWN AS THE WARM SPRINGS RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED EAST OF COLLIER BOULEVARD (C.R. 951)AND APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 114± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-21, FORMERLY THE WARM SPRINGS RPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-A-PL20140000156] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. representing Argo Warm Springs, LLC,petitioned the Board of County Commissioners of Collier County,Florida, to rezone the described property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property, located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Warm Springs RPUD to allow construction of a maximum of 400 residential dwelling units in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. ip [14-CPS-01314/1133173/1]87 Warm Springs RPUD/PUDZ-A-PL20140000156 Rev. 11/18/14 Page 1 SECTION TWO: Ordinance Number 05-21, known as the Warm Springs Residential Planned Unit Development,is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk TOM HENNING,Chairman Approved as to form and Iegality: opt, Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit E-1 —Sidewalk Easement Exhibit E-2—Private Road Cross Section Exhibit E-3—Boundary Marker Sign Exhibit E-4-Perimeter Wall/Fence Exhibit E-5—Landscape Buffer Exhibit F—Developer Commitments [14-CPS-01314/1133173/11 87 Warm Springs RPUD/PUDZ-A-PL20140000156 Rev. 11/18/14 Page 2 EXHIBIT A FOR WARM SPRINGS RPUD Regulations for development of the Warm Springs RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan(G MP)in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards,then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 400 dwelling units shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL A. Principal Uses: 1. Dwelling Units-Multiple-family,single family attached,single family detached, townhouse,two-family,duplex and zero lot line(single family). ri 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner by the process outlined in the Land Development Code(LDC). B. Accessory Uses: 1. Guardhouses,gatehouses,and access control structures. 2. Model homes and model home centers including offices for project administration,construction,sales and marketing. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas,fitness trails and shelters to serve residents and their guests. 4. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, and recreational facilities all designed to serve the residents and their guests. 5. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or Hearing Examiner. Warm Springs RPUD,PL20140000156 Page 1 of 14 Revisedl 1/05/2014 e Ak' $KK AMENITY AREA ti A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests, ). 2. Community administrative and recreation facilities.Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers,picnic areas,fitness trails and shelters to serve residents and their guests. B. Accessory Uses: 1. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or Hearing Examiner, • PRESERVE A. Allowable Uses: 1. Native preserves. 2. Water management, in accordance with the LDC. 3. Mitigation areas. 4. Hiking trails, boardwalks, shelters without walls, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, in accordance with the LDC and subject to approval by permitting agencies. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. Worm Springs RPUD,PL20140000156 Page 2 of 14 Revisedl 1/05/2014 I• — A a EXHIBIT B FOR WARM SPRINGS RPUD DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in 4 effect as of the date of approval of the SDP or subdivision plat. . , i STANDARDS SINGLE FAMILY TOWNHOUSE TWO FAMILY ZERO LOT LINE MULTI-FAMILY AMENITY AREA I DETACHED AND DUPLEX FOR SINGLE FAMILY Minimum Lot Area 4,000 SF 1,000 SF 3,500 SF 4,000 SF N/A 10,000 5F Minimum Lot Width*3 40 feet 20 feet 35 feet 40 feet N/A N/A Minimum Lot Depth 100 feet 50 feet 100 feet 100 feet N/A N/A Min. Front Yard Setback*1 20 feet*2 15 feet*2 20 feet*2 20 feet*2 20 feet*2 N/A 11 Min.Side Yard Setback 5 feet 0 or 5 feet 5 feet 0 or 10 feet*4 10 feet 10 feet I Min.Rear Yard Setback 15 feet 20 feet 10 feet 15 feet 15 feet 15 feet Maximum Building Height Zoned 30 feet 45 feet 30 feet 30 feet 45 feet 30 feet i Actual 35 feet 50 feet 35 feet 35 feet 50 feet 35 feet I Minimum Distance Between Structures*5 12 feet 12 feet 12 feet 10 feet Y:sum of the 'A sum of the I building height building height Floor Area Min.(S.F.) 1,200 SF 750 SF 900 SF 1,000 SF 750 SF N/A I Min.PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 20 feet 20 feet Min.Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet • ACCESSORY;STRUCTURES*6 _.: Min.Front Yard Setback*1 20 feet 15 feet 15 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 5 feet 0/6 feet 6 feet*5 5 feet 0 feet*5 10 feet _ i Min.Rear Yard Setback 10 feet 5 feet 5 feet 10 feet 10 feet 10 feet Min.PUD Boundary Setback 15 feet 15 feet 15 feet` 15 feet 15 feet 15 feet i Min.Preserve Setback..._. 10 feet 10 feet 10 feet. . 10 feet 10 feet 10 feet Minimum Distance Between • Structures 10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet 10 feet Maximum Height • Zoned 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Actual 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded, The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Front yards shall be measured as follows: A. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2—Front entry garages must be a minimum of 20',and a minimum of 23'from a sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'. *3—Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is maintained. •4—Minimum separation between adjacent dwelling units shall be 10':. *5—Building distance may be reduced at garages to a minimum of 0'where attached garages are provided and a 10'minimum separation is maintained,if detached. *6 — Guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback,except as listed below,and are permitted throughout the"R"designated areas of the PUD;however Worm Springs RPUD,PL20140000156 Page 3 of H Revised (/05/2014 AMP j i such structures shall be located such that they do not cause vehicular stacking Into the road right-of-way or create site distance issues for motorists and pedestrians. Maximum Height Zoned: 25' Actual: 30' Setbacks PUD Boundary: 10',except fences or walls shall have no setback. *7-Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the principal and accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement/tract. Nothing In this RPUD shall diminish the riparian rights nor prohibit a property owner from use of buffer or lake maintenance easements/tracts for recreational purposes,Including but not limited to docks,fishing,walking,etc.,which are not inconsistent with the purpose of the tract/easement.Where a bulkhead is constructed,no Intervening easement or maintenance tract shall be required by this RPUD. Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless It is expressly stated in Exhibit E,Deviations 9Y 3 Worm Springs RPUD,PL201 40000 1 56 Page 4 of 14 Revised]1/05/2014 • • I I ZONED:' PUO(CRYSTAL LAKE) I N USE: RESIDENTIAL(RV) ZONED; A .! I• ! II USE RESIDENTIAL (`D „ �, I •m I L`- It. WIC] 1 I. +I \ ,, .,. :.:: I r -'_+�R +'^-� 1.; I di ZONED:A m I I ) RFMUO- m c ml RECEIVING) m o g ,. I ` E LAKE . 5 :GOLF iL/1 n.,3:31 1,�-�-{ R R ih U COURSE /\ R ii .T< vH I II• LAKE "-- — r J 1 R_ TIL R ?� 1 ?c'' l - i ZONED; RPUD(BRISTOL PINES) ZONED:RPUD ZONED: A USE' RESIDENTIAL RESIDENTIAL (BUTTONWOOD PRESERVE) USE CABLE UTILITY SITE I USE: UNDEVELOPED RESIDENTIAL SITE DATA ----- 1 DEVIATIONS. TOTAL SITE AREA: ) 113.675 AC El.FROM I DE SECTION 6.0E02A2,SIDEWALKS:SO LANE AND PATHWAY REQUIREMENTS:VJNCH REQURES SIDEWALKS IMIChl THE ARE{ETERNAL MAXIMUM DWELLING IE/R$.500 RESiDENTMII TOINE DEVELOPMENT °A IRE PRO EC A D NONE ON SEE E EXIARIT EL STREETS.TOALLOW 90EYYALRfS-ONDNE SIDE DiTIg STREET-FORA ..... .._ .,. FORTION 7]F THE PROJEL-f AND NONE ONACUL-0ESAC. .EXIIBl7£-1;SMEWALK EYMBIT PRESERVE; (k(FROM LOD SECTION 60601 Fl STREET BIESTEM REOLXREMENTS 5542 APPENDIX D,TYPICAL STREET.SECTOAIS AND RIGHTOF•WAY IDEADN REQUIRED•21.07}ACRES(6126:ACRES NATIVE VEGETATION X25%) STANDARDS,NMICI1 ESTABLISHES:A B0 FOOT WIDE LOCAL ROAD,TO_AV OW A NIHIMUM A!•PAGE LOCAL PRIVATE ROAD SEE EXHIBIT E-2, PROVIDED.XSR ACRES 'PRIVATE ROAD CROSESECT,ON. L FROM LDC SECTS*6.08p1 J,STREET SYSTEM REQUIREMENTS.WHICH LIMITS CUL-DE-SACS TOA MASS UM LENS/110F 1.000 FEET.TO PERMIT i C1UDE-SACS TO EXCEED 1.500 FEET IN LENGTH TO A MAXMLIV `2,7X0 FEET WIN PLACEMENT OF DISTRICTS.WHICH TRAFFIC SIONMRE. LM:FROM LOC SECTION 506.02B.6 AND 5.56.52 B.6(61.ON-PREMISES SIGN:V OHS RESIDENTIAL DISTRICTS.MACH PERSELO SIGNALS AT EACH . NOTES, PROJECT ENTRANCE.TO PERMIT A BOUNDARY`MARXER SIGN Of UP TO 04 SOWRE FEET(PER SIGN FACET TO SE LOCATED ALONG THE A COLLIER BDLX.EVARU FRONTAGE OF THE PROPERTY AND TO EXCEED THE MAXIMUM SIGN HEIGHT CF A FEET FORA MAXIMUM OF 10 FEET IN : 1. A 272 FOOT WIDE TYPE T)'LANDSCAPE BUFFER SHALL.SE PROVIDED ALONG HEIGHT MEASURED FROM ADJACENT ROADWAY CENTERLE/E ELEVATION.SEE EXHIBIT E-t HO IPIOART MARKER51GN THE WESTERN,SOUTHERN AND EASTERN PUD BOUNDARY,A IAFOOT WIDE -,S}FROM LDC SECTION 50302 C AND 50502 F,FENCES AND WALLS WHICH PERMITS RESIDENTIAL FENCES/WALLS TO RE A MAXMUM OF-X IN 1 TYPE A LANDSCAPE BUFFER SHALL BE PROVIDED ALONG THE NORTHERN.POD HEIGHT MEASURED FROM EXISTING GROUND LEVELS NEAR THE'FENCEIWALL,TO PERMIT THE PERIMETER WALUFENCE TO BE A MAXIMUM BOUNONRY HEIGHT OF IZ THE MAXIMUM HEIGHT OF THE VA:LL STRUCTUREMOULD NOT EXCEEDS.PATH THE REMAINING I FEET MO/PART.OF A BERM. 1 SEE EXHIBIT F-I PERIMETER WALUFENCE 2. THIS PLAN IS CONCEPTUAL IN NATURE ANE) IS'SUBJECT TO MINOR '�0.)FROM LDC SECTION ADFOS'BUFEER REQUIREMENTS,WHICH REQUIRES A M PACE TYPE V LANDSCAPE BUFFER ADJACENT TO ANY ROAD ip MOOIFRCAT;Ott.DUE-TO AGENCY.PERMITTING REOUIREMENTS. RIGHT-OF-WAY EXTERNAL TO.THE DEVELOPMENT PROJECT,TO PERMITAIDW!OE TYPE V LANDSCAPE BUFFER IN THE AREA IDENTIFIED 076 1, .. EXHIBIT ES 2: DEVIATIONS:I.2 AND 0 APPLY TO THE OVERALL PULL REVISED 05/OS120IS LEAN0 __.-I'__._.. '—°•,.v - WARM SPRINGS RPOD R RESIDENTIAL ®Grudrlilnor """"""`P' Iw; - - AA AMENITY AREA ____n6 _ _T= .- o•. �H EXwRR c i ■® __ �•.I H P..w V• Lt+i Mma• NV'IP+e • Lw . MASTER RAN „,•_ DEVIATION —� �" R ZR w+W'rnw 0.aNPy..rwwbeH.�, Pain 1 Or q } ' H EXHIBIT D FOR WARM SPRINGS RPUD LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 02°19'00" WEST, ALONG THE EAST LINE OF SAID SECTION 26, FOR A DISTANCE OF 40,03 FEET TO A POINT;THENCE LEAVING SAID EAST LINE OF SECTION 26, S 89°58'17" W, FOR A DISTANCE OF 235.19'TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 89°58'17" WEST, ALONG A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 26, FOR A DISTANCE OF 565.05 FEET TO THE EAST CORNER OF AN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4533, PAGE 3116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID ORDER OF TAKING FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES; (1) NORTH 87°09'58" WEST, FOR A DISTANCE OF 200.25 FEET; (2) SOUTH 89°58'17" WEST, FOR A DISTANCE OF 120.00 FEET; (3)SOUTH 87°06'32"WEST, FOR A DISTANCE OF 200.25 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 26;THENCE RUN ALONG SAID LINE, SOUTH 89°58'17" WEST, FOR A DISTANCE OF 1,321.94 FEET; THENCE CONTINUE ALONG A LINE 40,0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 26, SOUTH 89°58'48"WEST, FOR A DISTANCE OF 2,545.32 FEET TO A POINT ON A LINE THAT IS 100 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE, NORTH 02°15'37" WEST, FOR A DISTANCE OF 964.28 FEET TO THE SOUTHWEST CORNER OF CRYSTAL LAKE RV RESORT, PHASE ONE AS RECORDED IN PLAT BOOK 16, PAGE 61 THROUGH 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE LEAVING SAID LINE, SOUTH 89°59'42" EAST, FOR A DISTANCE OF 2,542.51 FEET TO THE SOUTHEAST CORNER OF CRYSTAL LAKE RV RESORT, PHASE THREE AS RECORDED IN PLAT BOOK 20, PAGE 3 THROUGH 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN NORTH 89°57'56" EAST, FOR A DISTANCE OF 2,609.05 FEET TO A POINT ON THE WEST LINE OF AN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4533, PAGE 3116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE WEST LINE OF SAID ORDER OF TAKING FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) SOUTH 02°19'00" EAST, FOR A DISTANCE OF 798.34 FEET; (2) SOUTH 05°29'04" WEST, FOR A DISTANCE OF 110.51 FEET; (3) SOUTH 53°39'57" WEST, FOR A DISTANCE OF 42.23 FEET; (4) SOUTH 78°34'41" WEST, FOR A DISTANCE OF 151.91 FEET TO THE POINT OF BEGINNING; CONTAINING 113.67 ACRES, MORE OR LESS. Warm Springs RPUD,PL20140000156 Page 6 of 14 Revisedl 1/05/2014 EXHIBIT E FOR WARM SPRINGS RPUD LIST OF REQUESTED DEVIATIONS 1. From LDC Section 6.06.02.A.2,Sidewalks,Bike Lane and Pathway Requirements,which requires sidewalks which are internal to the development to be constructed on both sides of local streets,to allow sidewalks on one side of the street for a portion of the project and none on a cul-de-sac.See Exhibit E-1, Sidewalk Exhibit. 2. From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards,which establishes a 60 foot wide local road,to allow a minimum 40'wide local private road. See Exhibit E-2,Private Road Cross Section. 3. From LDC Section 6.06.01.1,Street System Requirements,which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 1,000 feet in length to a maximum of 2,740 feet with placement of no through traffic signage. 4. From LDC Section 5.06.02.8.6 and 5.06.02.8.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance,to permit an additional boundary marker sign of up to 64 square feet (per sign face)to be located along the Collier Boulevard frontage of the property and to exceed the maximum sign height of 8 feet for a maximum of 10 feet in height measured from the adjacent roadway centerline elevation. See Exhibit E-3,Boundary Marker Sign. 5. From LDC Section 5.03.02.0 and 5.03.02.F, Fences and Walls,which permits residential fences/walls to be a maximum of 6' in height measured from existing ground levels near the fence/wall, to permit the perimeter wall/fence to be a maximum height of 12'. The maximum height of the wall structure would not exceed 8 feet,with the remaining 4 feet being part of a berm. See Exhibit E-4,Perimeter Wall/Fence. 6. From LDC Section 4.06.02, Buffer Requirements, which requires a 20' wide type 'D' landscape buffer adjacent to any road right-of-way external to the development project, to permit a 10' wide type 'D' landscape buffer in the area identified on Exhibit E-5. SS II Warm Springs RPUD,PL20140000156 Page 7 of 14 Revised 1/05/2014 . . - .. . . . ... . . 'Ammemalloommill■IIIMIIMIl 1 ; 1• ... • „ • • . . .... . . iI .. ...... . .. . • COWER.L3OULEVARD(20El.RQW) . It - ._.. • • • • : ".;• ,i 1 ..! SCALE 1" =600' !.Ji :1 • • ,..: - "Nci sozwAix lio tiDEv'tp(..--.frzztl ' .4.-- - om. . '' 1.; • ' , 1.. ... '' ..... l'• . 1 .., .. .. . . . . ...F;1. , eDNIM .Pteattal,iik IA49. 1 *I; Lt..% ,.: •..: F• Ili ',.0..ett: *NW tirrta Itif**•!i'.f ..,: —7 E14).• 1°6;q-1' •OW • -WROPRRN..' .i::11 . '... . ., -....::..:..:........:.. :'-;; :■7 .. . • li 1 . i'''....' •:..'''.:•::..'... .': i 1.. . . . 1 ! • . . . . . . . . . . . . . , . NO SP....01.11.--- ii ..-:. .-. •• .-:• -''''..-:,--. •• ... . .. . . .. . :• :,•. • . . . .. . ...1; .. .1- . . ' . . •- . . .. . . , •,.. . • •• •41:• -•-•NiAnetk.0.•.. . . :.g.i . ._ • . ".. :• - 'II• 1 4 . . .1 1 • • .. ... ,,,, • ' • • . • • • " . f 1 '.. i CNC) Sibr,V4kk • , :. . ; i d • ' .. . • .- ; .. • ■ i• i i,''.. 70,0'.tNr.: . !RIM:RW.20R 0.06ER..,Ej i I b5t 0.EvetOrta R.....ccr,141. 4 .:. • .. . .4DF,01:1i:-4,.. :,•1 1 ON IIIISIN. • ..:. OF 1.00 •I• -!.'--- •-: • i • .":.• *pti.i., i •. . •. • ; • .1 1 . : . • — 4.,.,.. , i . . .. •, ,,,,,,• . I. • 1 ; "•■■■• ) ' . • . k. I • . 7„,,,....-' Siik Or:I.i..)UF'.ROAD. . • V.wAi lc,.ON Elfi.Ti-1--"--;",'''."6.''' -.,q:E:i •!ir-t:Cf..N7, q(-140 1 . : „„-.1'- • t 1 ■• . 1 ..: • , t • . ' •":-' -4 i,-- in,. ..iiiir oiiip Jot I: ' • . • • .. . _ . . . -t . • . .- • 1; :'• • • ; [ : • .". I ii .. ......- -- I • .i- ..I; I II ■ . I . . ..... ..,...$—.§8).1VIlar. :. . --•• . . . ... . 1. • REVISED p., 3/2014 •i , ...,—. .....;;...., ••• . . • ....0.- - 1. ! • .• WARM SPRINGS'RPCIA ,....... e•1:,,...b.IN..-z..k.%...•,:,wri..1,:. , JoR 4-4.1-.• 13 GPOdyllituir . . . .itry A $,Om.:4;duits."0;•witi4 41 4..i WE: Gi II Ktikhilig* ., .1.04iiiirv*0.. . fihnowto .• 1..Inoiirmw.nn)Ilikuru• =...._. taXiiMIS • i. bOoknoro I •., SIDEWALK EYHISIT ....•_!..'..2. 1u.......4 • -1,141.0ixtop.r••:301.0t/l)it: N..4"ta.ef,t.i/TOM..r.,:,* fiet myrrk.1;joiviv..1.-itii, INth -141 1 - ' . • . . • . ;0 5. UTILITY/SIDEWALK SIDEWALK 10' • EASEMENT EASEMENT '30 UTILITY & RIGHT-OF-WAY C.U.E. 1 • • 1 1•s_- 2 u•._Ei - V1:: . TRAVEL LANE 2' 4' S: ft 1 fI !_ • - SIDEWALK GRAVITY SEWER- -WATER MAIN A } i 1 9 3. M7TE:.' SINGLE SDED OR DUAL SM. SIDEWALKS REV3 09/02/2014 PROVIDED PER SIDEWALK EXHIBIT E-1 REV1 05/23/2014 i LEGEND WARM SPRINGS RPUD '''a'"` i la GradyMtnor ra';nR,:ma• 1.;:=4 — k` s ■linen PImmi EXHIBIT E2 '? 11 5' IV CAI Engineers • IanJ Surveyor, • Planners • LaWaraw Arcellraa DEVIATION 2 ^ w'.✓ SCALE:1"=10 °WAWA.P.01.6151 ..., „from IMP c,ay.aa<mwa a.a raaw ur «mw TYPICAL PR VATE ROAD CROSS SECTION MI__ . aNlEi'.7 W I . i Y ..Ap.,,,:i'Aw=i : ' ' ' .-:,.• ,,,,,,,,,,,,t .. A,.:,0 :!-',11111.11., = giellini.., ,. . ,-,,..„-„,..,:i„,- .: - : ,: ,,,, .. ,,,,,,,,„:„..„,;: p„,..„ .„......,.,....,„,,,,,. • ...„ hF 3a .rs. u• 7-ta ..,,.....,„,,.:.„, .,:.:::... :. ...:. .. ., ...... _ ....„:„:„,..,•mfr' �'•. : } 2 "• 1 ' i, ?Y ._ .4S - ,,..." ....•t" .,'•4,, {V 1.• • 4/c. k.7h ,aa ti, t ^= =s � y' x '•...''c G sw 1. • '$ 'r"�x Kra,,, ..'cc ' " '. �. :y' ¢ 1 �P 'rs' T _ ' y.: • �� o r � "Oro .^may ,3 k.•�:, v mi a Lit 't s4-..41A s� v�4 .U... a;Ts: a ) ,-q.e& .. 6 C : ,yam , z x ,:d i� " -mss`..«. °) ,V4ye4Yx§.�� ! Amt-.,..,0,p,,,,,,g , •..s.:',:....:,.:..... a:- , i-34,.... ,,,...7,„, T., „...,44.4:,„,,, ,_, :.. ,...,•::. • ..„._:_ _S fed � . � , l y .. :;.::"....:".'"''.','-:=,:- ' •' -.: • •:-•4 re y+• M1_ . E'J - ' a -.- • i x ,.. t6` . mc..S- {ma '` . s s ,, - = f t Y ?e F K� i nsf. 3r y y t E Eskih,$d aIk . Tree Fgrni Ripid i r" y I ti - a � :► -• tr _ �'a fi � �- � zr ya b � ,., h i � 3,.� rAAA: l ;l �-Ps�°:: ra:_ rry t ." .- M, ! c' tl �.4 + � �S � � � i- " r. eT a ` ..—r' '.. �. 4 el - gyp • ,.i ;�-a: ...e.g" ii•1O..FT ! a be -; aq *.: #� iL'�t, E B $ 1 i ! @ :A @ i r E 6 a !: A E a t A'!, i A ., . :t .1:11 1! VE Warm Span. s 1-:,,11.4041 11/11 WARM[,SPRINGS.RPUTD ""�4. , Grad 1llnor ,Nntsrn:w• 00.47:,,,1 • /'.hi!f'.IIM.INYtl>♦ �.:t .,.6W(i A11P1Yg1:Nt1. .. I'4v**ii: ,WmkxAUP{rrbllir4t . EXt118{T E-3 - • n.r� Y•rail ty ti W.1.11N4Fl{, ¢m IS and uinpmsl .. wNRt+elcy�wf0eyi DEyIAT{UN 4'.•• 60UNDARY;MARKER:SIGN IRt�@/VYI/5�01 C1.. rw m:a a.:°.fir, tlk.&(H,WC Y•<aR h;,,'L,1 t6Mr'IuRi X64 111!!A.r-. 5/232014'. J a>cRtt Y ov r ' 1. yd Yr: It LO r POO BOUNDARY 1 REAR LOT LiNE 8' WALL/FENCE 701,:Or BERM—\ TYPICAL PERIMETER BERM WITH WALL/FENCE N.T.S • T 3f3 u ..q•kprn ,r.Ki.re.1•, WARM SPRINGS RPUD sod --=-�4 GradyMinor 1110 Vre eN 117 JWMU 9yl1144.Flo rhlY 71171 NF ChJi Englnrrac Land Surwors I'Innnrre IanOPraUe ArehlleolJ EXHIBIT E-4 ru�l v.i I rM Pod:WIrM51Pl hrt Wl NIX+t{r{r bI4.ape o-rounJ7 DEVIATION 5 — PERIMETER WALL/FENCE '"",s,"'," .� I ..84111,4 s n• .rrN[-. yrleRx:7:01 117 wl�rr Av N/nn.nuN P.M M><rt:77p JPJ 77N9 . . JHSCIYfTOP i. —..... I ... I 1 I . 1 . ,IFF-71-:.fro.a.--Awk,imt..A••••ewre,ww,w,-,..ww„r-a•tewmwe..?..5.r.p.r.-ww.pwg-.4...0 -wwows-A,".N.fw,-.4wwewww ...!wiPqw!.•rtt-q-wswit.rki.re...rwip75. 1 ..-7„:,...',4 .-L.:- ..:4-4--:-.7..:.;-.:--;,t:-,:--:•0-7.;-4,-4,,,-,- ;•------:.;.;, --- - - , •-•-,.....7 •:••••-;..,:..;-:---,..i,:-,:.;,.'w-••••:-,.:,.. ..... .....i•-•• •••;-_., , 1 -• R , R ,1 ,, 1 e _ . i 11 . 11 I 1 R R I) I Is 1 • , 111> ■ ci) LAKE , , il f11 R I i R , 1 1 , ....---- 11 1 1;1 An, R R i I II -4i, 1,1 1 , R AREA WHERE SEPARATE BUFFER-. ii I TRACT CANNOT BE PROVOF) \ W I— -----------------------so•■r ma'WI, e/, ——._____...__---:.c...-*:0 ' ' 7 slil,un-r -■-1 am moo.ma olo. _ ,YREE FARM ROAP __ ____-_,.., ' • i , 723. ... 64.)r i- ....4 . : 16 1 DEVIATION N , i I/ 1517 3air • SCALE:1"..-300' .... 'LEONA WARM SPRINGS RPUD 0 GradyMinor Zr:bt.'"` F.,::,11= EXHIBIT -5 Dr. 1,1•11,...- Doti Diorama • WM Surveyors • Planners • Undersign Ardnitens DEVIA IION #6 nalt sser .2117 WWII.fl mom corr.ors.=...HMI 4.0ela.MANS BUFFER WIDTH REDUCT+ON IrwroOrahilloor am 0 Crow Wow...v..PA P.M r sr I , t EXHIBIT F FOR WARM SPRINGS RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES A. Connections will be made to two Independent water transmission main locations outside of the project boundary, one along the westerly portion of Tree farm Road and one at or near the intersection of Tree Farm Rd.and Massey Rd. 2. TRANSPORTATION • • A. The donated 40' right-of-way for Tree Farm Road shall satisfy this requirement for future turn lanes on Tree Farm Road. The developer as outlined in the Developer Contribution Agreement as it relates to the Warm Springs PUD will pay for the turn lane improvements on Tree Farm Road. B. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 366 PM Peak Hour,two way trips. 3. ENVIRONMENTAL Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05 of the LDC. Total Preserve Required 21.07±AC 84.26±AC Native Vegetation X 25%=21.07±AC Total Preserve Provided 25±AC 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Argo Warm Springs, LLLP, 21141 Bella Terra Boulevard, Estero, Florida 33928. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor • entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Worm Springs RPUD,PL20140000156 Page 13 of 14 Revisedl1/05/2014 .• 1 Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. S. LANDSCAPE A 20-foot wide type 'D' landscape buffer shall be provided along the western, southern and eastern PUD boundary. A 10-foot wide type 'A' landscape buffer shall be provided along the northern PUD boundary,as indicated on Deviation#6 of Exhibit E. { 3yS� ti Warm Springs RPUD,PL20140000156 Page 14 0114 Revisedl 1/05/2014 i L .. REPLACEMENT DEVELOPER AGREEMENT WARM SPRINGS THIS AGREEMENT ("Agreement") is made and entered into this day of , 2014, by and between Argo Warm Springs, LLLP (hereinafter referred to as "Developer") whose address is 21141 Bella Terra Blvd., Estero, Florida 33928, successor in interest to Naples Syndication,LLC, and The Board of County Commissioners of Collier County,Florida, as the governing body of Collier County,hereinafter referred to as "County." RECITALS: WHEREAS, Developer represents to the County that it recently acquired from Naples Syndications, LLC all interests in the Planned Unit Development ("PUD") known as Warm Springs PUD (hereinafter referred to as the "Development"), which present PUD Document was approved by the County by Ordinance No. 05-21. WHEREAS, Naples Syndications, LLC and the County entered into the Developer Contribution Agreement Warm Springs recorded in OR Book 3730, Page 0333 et seq. in the official records of Collier County Florida("Original DCA"), a copy of which is attached hereto; and WHEREAS, due to changed circumstances, the parties wish to terminate the Original DCA and replace it in its entirety with this Agreement pursuant to the terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 4f 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 1-:2. The Original DCA and any obligations of either party including, but not limited to outstanding invoices is hereby terminated and null and void. 2 3. Developer will design,permit and construct the extension of WoodcrestlMassey Road consistent with the conceptual plans depicted in Composite Exhibit A("Road Improvements"). The construction of the Road Improvements shall commence at the time the onsite improvements are commenced unless the permits to construct the Road Improvements will delay the issuance of the I permits for the onsite improvements. The on-site improvements and off-site improvements shall be Page 1 of 4 • I bonded together and reduced as they are accepted. The Road Improvements shall be completed with 455 days of commencement of construction. The Developer shall not receive more than 200 Certificates of Occupancy for residential dwelling units prior to the completion of the Road Improvements. Collier County will timely review all design plans for the Road Improvements and join in any permit applications necessary to permit the Road Improvements. County at its expense shall provide CEI services for the Road Improvements. The Developer shall not be entitled to any impact fee credits for the design, permitting and construction of the Road Improvements. Upon completion of the Road Improvements consistent with the approved design plans and required warranty period, the County will accept the Road Improvements and the Road Improvements will become a County road with the County having ongoing maintenance responsibilities. 3. Developer will provide all stormwater management and stormwater permitting modifications for the existing portion Tree Farm Road as required for a minor collector cross section from Collier Boulevard to for the distance of approximately 2,465 feet southeast as shown on Exhibit B. Developer shall also supply a slope easement as set forth in Exhibit P.C. 4. Developer represents to the County that it has acquired all rights of Naples Syndications, LLC in the eminent domain matter known as Case No. 09-9432-CA. Developer agrees to forego any compensation with respect to Parcels 104FEE1, 104FEE2, 104SE1, and 104SE2, and will cooperate with the County in withdrawing any and all claims,including expert and attorneys fees, and dismissing this matter. 5. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the Developer, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements,conditions,terms or restrictions. 6. The parties agree to perform or cause to be performed any and all further acts as may be reasonably necessary to complete the transactions contemplated herein, including, but not limited to, the execution and/or recordation of further instruments. 7. Nothing in this Agreement is intended to create a partnership or joint venture between the parties and none of the parties to this Agreement shall be construed under this Agreement as being partners or joint venturers for any purpose. This Agreement is solely for the benefit of the parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right,remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives,heirs, successors and assigns. 8. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. Page 2 of 4 9. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 10. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use engage in voluntary mediation, with each party equally sharing in all costs. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. 11. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as otherwise provided herein,this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. With the exception of the PUD Document, as amended from time-to-time, this Agreement contains the entire agreement among the parties hereto with respectto the subject matter set forth herein, and supersedes any and all prior agreements, arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in interest, relating to the subject matter hereof, including, without limitation, the Original DCA, which on execution of this Agreement is hereby terminated and of no further force or effect. 12. In the event of any inconsistency between this Agreement and the PUD Document,as amended from time-to-time,the PUD Document will control. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Board of County Commissioners Chairman WITNESSES: ARGO WARM SPRINGS,LLLP A Florida Limited Liability Corporation Print Name: By: Page 3 of 4 GORD BUCK,Manager Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by ROBERT SINGER, as Manager of Naples Syndications, LLC, who is [ J personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name: (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A.Klatzkow County Attorney Page 4 of 4 tip Y LIMITS OF STANDARD CLEARING&GRUBBING IF NECESSARY- CLEAR&GRUB IN EASEMENTS �-R/W LINE R/W LINE-�. C CONST. Z-SECTION LINE R/W VARIES(0'MIN.) R/W VARIES(30'-409 ADDITIONAL RIGHT-OF-WAY OR EASEMENT- 14' 6' 4' 4' (2' 12' 4' 4' _ 6' i4' �ADDITIONAL RIGHT-OF-WAY OR EASEMENT WILL BE NEED FOR ANY TURN LANES SOD SIDE BIKE BIKE SIDE SOD WILL BE NEED FOR ANY TURN LANES WALK LANE I LANE WALK �3 PROFILE 3'r GRADE POINT 0.02 0.02 0.02 0.02 3 SOD-'�� Ar Ani%-SOD 13 -0.02 0.02- I2'- CURB AND GUTTER TYPE F ITYPI -TYPE B STABILIZATION LBR 40 TYPICAL SECTION TREE FARM ROAD (PHASE I& 2) NEW CONSTRUCTION TRAFFIC DATA OPTIONAL BASE GROUP 9 WITH DESIGN SPEED = 35 MPH TYPE SP STRUCTURAL COURSE (TRAFFIC B)(2'/") POSTED SPEED = 30 MPH AND FRICTION COURSE FC-9.5(I")(RUBBER) r i CHanfHILL cD ,er County EXHIBIT A * •, ,, �s '47. ., ... a_ TREE FARM ROAD -_ _ �• r ,-� i # :' . ; T / STORM WATER TREATMENT z i ,,-'�-:V.4 . rl.�r 7, .t ( TO WARM SPRINGS �� } 4 4e .. i -� "�'"��X�.sk`�*t� =�#. -�,.`[ �E•-�3k ."ate _+�� >;. f,• � � . �`_s. ' r # �jV T',."s;.L�j� s Jtr �l.t �'J t t` J�.. .f '• - --.4,........:,s:' ;ate ti a..-,y�dR., i 1' ., 'e„ Ni.• �'4 � •..ire # ''',.4.7e..7.4,,,- j'• `�• �}i ; y : `+' r'♦ ' t?�; .t r w ` rt '4 y < r 'i u r . !�'_ mow'.' ., s tt - -'• ryy *:vf _ ! -, . a. ,,p l �. J « r•}y' S' •� • h{ v .s PA`S' ."Ai, .i, �',1k`� t,L+� . rf�i;- '..,‘S:.. °� 1 *t, " ?y.•;,-. � . .� � 4 t r.1/2„.{ ,ti...i .w 0. - s r�.r�3 . • jx -_ ' r "„-. . +;-„. . :74'''' -Sf!►rT -.,1,,,A., "' = 'wc s. 4. ''a r` siG' '• s•' ` , _n. 3yr r 1:j. , ♦!P4!. 1 I yS �f l t, I C t •s r t e -'i 1a y . #t Jr � � co c „tv EXHIBIT B } PROJECT NO. 65061-B PROJECT PARCEL NO. 104SE3 PARENT TRACT FOLIO NO. 00192960003 I LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 15 FEET OF THE SOUTH 55 FEET OF THE WEST 650 FEET OF THE EAST ONE HALF (1/2) OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26, COLLIER COUNTY, FLORIDA. SEC I TON 26 WEST SECTION LINE • OF SECTION 26 TWN 48S RGE 26E EAST SECTION LINE OF SECTION 26 TWN 48S RGE 26E 15 FEET X 650 FEET EXISTING TREE FARM ROAD RIGHT-OF-WAY (40 FEET) SOUTH SECTION LINE OF SECTION 26 TWN 48S RGE 26E SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 08/0411411:30 AM 616 COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS o._ 2013 Batch/In-House GMP AMENDMENTS (ADOPTION HEARING) [Petitions: Project PL20130001109/CPSP-2013-6] CCPC: DECEMBER 04, 2014 BCC: JANUARY 27, 2015 TABLE OF CONTENTS 2013 (EAR-Based) Batch #1 In-House GMP Amendments Adoption Hearing Project PL20130001109/Petition CPSP-2013-6 CCPC DECEMBER 04, 2014 AGENDA 1) TAB: Table of Contents DOCUMENT: Table of Contents 2) TAB: Adoption Staff Report DOCUMENT: CCPC Staff Report: PL20130001109/CPSP-2013-6 3) TAB: Review Responses DOCUMENTS: DEO & State Agency Transmittal Review Comments 4) TAB: Adoption Ordinances DOCUMENT: Ordinances w/Exhibit A: PL20130001109/CPSP-2013-6 5) TAB: Transmittal Ex. Summary DOCMENT: CCPC Ex. Summary/ PL20130001109/CPSP-2013-6 6) TAB: Transmittal Staff Report DOCUMENT: CCPC Staff Report: PL20130001109/CP5P-2013-6 7) TAB: Transmittal Resolution DOCUMENTS: Transmittal Resolution w/Exhibit "A" Text and Map: PL20130001109/CPSP-2013-6 8) TAB: Legal Advertisements DOCUMENT: CCPC Advertisement Amendments(s) include the following GMP Elements: 1) Capital Improvement Element 2) Conservation & Coastal Management Element 3) Future Land Use Element 4) Recreation & Open Space Element 5) Storm Water Sub Element of the Public Facilities Element 6) Transportation Element ORIGINAL Agenda Item 9.B. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: DECEMBER 4, 2014 RE: PETITION NO. PL20130001109/CPSP-2013-6, REVIEW AND RECOMMENDING ADOPTION OF STAFF-PROPOSED AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, CAPITAL IMPROVEMENT ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES, RECREATION AND OPEN SPACE ELEMENT, STORMWATER MANAGEMENT SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT, AND THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [ADOPTION HEARING] BACKGROUND: This proposal consists of several individual staff-initiated Growth Management Plan (GMP) amendments, as authorized or directed by the Board of County Commissioners, and reviewed in Transmittal by appropriate State agencies. Most of the amendments seek to add clarity, correct text and map errors or omissions, and provide harmony and internal consistency. These amendments make up the Exhibit "A" accompanying the Adoption Ordinance. Transmittal hearings on these amendments were held on May 15, 2014 (CCPC) and on July 8, 2014 (BCC). FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY REVIEW/STAFF RESPONSE: After review of the Transmitted GMP amendments, the Florida Department of Economic Opportunity (DEO) rendered their determination in a letter dated August 15, 2014. The DEO had no comments of their own to address, but recommended that the County consider appropriate changes to the amendments based on other reviewing agency comments received. Comments can form the basis of a challenge if they are not satisfactorily addressed. A considerable portion of changes made in response to reviewing agency comments and recommendations serve to technically improve GMP elements. Due to the technical nature of many of the changes, additional data and analysis is not deemed necessary to support them. The DEO's review letter is attached to this Staff Report. Reviewing agencies who provided comments [in addition to those from the DEO] are the South Florida Water Management District (SFWMD) and the Florida Department of Transportation (FDOT); their comments are also attached to this Staff Report. With the exception of one minor non-reviewing agency related amendment explained below, this Staff Report and Adoption hearing focus only on the Element revisions recommended in response to reviewing agency comments. Recommendations and comments pertained only to the following Elements and Sub-Elements: Conservation & Coastal Management Element (CCME) and Public Facilities Element — Stormwater Management Sub-Element (SM). — 1— Agenda Item 9.B. ELEMENTS WITH NO ADDITIONAL CHANGES: No additional changes were made since the July 8, 2014 BCC Transmittal hearing on staff- initiated amendments to the following Elements and Sub-Elements: Future Land Use Element and Future Land Use Map Series, Recreation and Open Space Element, and the Transportation Element of the Growth Management Plan. ELEMENTS WITH ADDITIONAL CHANGES: Additional changes made since the July 8, 2014 BCC Transmittal hearing on staff-initiated amendments to the following Elements and Sub-Elements are limited to DEO or other reviewing agency comments and recommendations, along with one instance of retraction of an unnecessary change: Conservation and Coastal Management Element (CCME), Capital Improvement Element (CIE), and the Stormwater Management Sub-Element (SMS-E) of the Public Facilities Element of the Growth Management Plan. These changes are confined to updating GMP references to a specific SFWMD "Basis of review" document that was published after Transmittal of these amendments — of which the title was not known at that time. These Elements comprise the additional changes to the staff-initiated amendments that the DEO and other reviewing agencies specifically reviewed, with one exception. Though not specifically reviewed, this additional change reflects the withdrawal of a specific amendment simply because it was addressed by other means during the same period of time. This amendment occurred along with the 2014 Annual Update and Inventory (AUIR) on Public Facilities and annual update to the Capital Improvement Element of the Growth Management Plan — and is confined to updating text referencing the public school capital improvement plan and work program. These specific changes appear in the double underline, double strike- through format in the accompanying Exhibit "A". STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition PL20130001109/CPSP-2013-6 to the Board of County Commissioners with a recommendation to adopt — with the changes since Transmittal hearings proposed by staff in response to reviewing agency comments — and transmit to the Florida Department of Economic Opportunity. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] —2— Agenda Item 9.B. PREPARED BY: DATE: ,9(._ CORBY SCHMIDT, AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: (-/ MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY: DATE: K CASALANG - %', ADS"— RATOR GROWTH MANAGEMENT DIVISION PETITION No. PL20130001109 / CPSP-2013-6 Staff Report for the December 4, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the January 27, 2015, BCC Meeting. CP-13-6 Adopt.SR dw_11-14-14 —3— Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT! ECONOMIC OPPORTUNITY MEMORANDUM • TO: Suzanne Ray,DEP Deena Woodward, DOS Tracy Suber, DOE Terry Manning,South Florida WMD Crawley/Massey FDOTI Margaret Wuersde, Southwest Florida RPC Wendy Evans, AG Scott Sanders,FWC DA 1E: July 23,2014 • SUBJECT: h.YPI:DITEI) STATE REVIEW PROCESS COMMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT LOCAL GOVERNMENT/STATE LAND PLANNING AGENCY AMENDMENT#: Collier County 14-4ESR STATE LAND PLANNING AGENCY CONTACT PERSON/PHONE NUMBER Brenda Winningham/850-717-8516 • The referenced proposed comprehensive plan amendment is being reviewed pursuant the Expedited State Review Process according to the provisions of Section 163.3184(3),Florida Statutes. Please review the proposed documents for consistency with applicable provisions of Chapter 163,Florida Statutes. Please note that your comments must be sent directly to and received by the above referenced local government within 30 days of receipt of the proposed amendment package. A copy of any comments shall be sent directly to the local government and ALSO to the State Land Planning Agency to the attention of Ray Eubanks,Administrator,Plan Review and Processing at the Department E-mail address: DCPexterttalazenc)'commetrts(a deo.n.wllorida.com. Please use the above referenced State Land Planning Agency AMENDMENT NUMBER on all correspondence related to this amendment. Note:Review Agencies-The local government has indicated that they have mailed the proposed amendment directly to your agency. See attached transmittal letter. Be sure to contact the local government ifyou have not received the amendment. Also,letter to the local government from State Land Planning Agency acknowledging receipt of amendment is attached. Florida I)c'Itarinuiit ul I:conutntc Oppm-omin t:ald\e'cll liuihling I(h I: \ladi,;rnt Strcer •Iallatassec.FI.32599 k(r(i.11..\.2345 K5O.245.'I(t? 850.921 3223 Fax wtt•w.tlurida!ult .niL '.\\cu'.rlcirrCT.ct;m;1 l.1)I' t uV\cq•.taCCbL.tk.Ctr41%I'1.11fiO .. � Rick DE-Scott ~ Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT( ECONOMIC OPPORTUNITY July 23,2014 Mr. Nick Casalanguida,Administrator Collier County Growth Management Division • 2800 North Horseshoe Drive Naples,Florida 34104 Dear Mr. Casalanguida: Thank you for submitting Collier County's proposed comprehensive plan amendments for our review pursuant to the Expedited State Review process. The reference number for the amendment package is Collier County 14-4ESR. The proposed submission package will he reviewed pursuant to Section 163.3184(3), Florida Statutes. Once the review is underway,you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. You will receive the State Land Planning Agency's Comment Letter no later than August 20,2014. If you have any questions please contact Anita Franklin of my staff at (850) 717-8486 or Brenda Winningham,Regional Planning Administrator,who will be overseeing the review of the amendments,at(850) 717-8516. - Sincerely, D. Ray Eubanks,Administrator Plan Review and Processing DRE/af Florida Deparnn.-nt of I{cumnmc Ohhurtunity t:aldwcll Building (07 1:. \ladtsnn Str ct Tallahassee,I'1.32_399 866.n-1.2345 85(1.245.71(15 850.92(.3223 Fax n-ww.t1( fidatobr.urL www.twil t‘:r.comi I.1.1)1.1(I .tacc)unk.eom1111)I'_( Jp. OFFICE OF THE COMMISSIONER THE CAPITOL (850)617-7700 = 400 SouTI MONROE STREET TALLAHASSEE,FLORIDA 32399-0800 rt + FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM August 5, 2014 VIA EMAIL(davidweeks @colliergov.net) Collier County Growth Management Division Planning& Regulation Attn: David Weeks 2800 N. Horseshoe Drive Naples, Florida 34104 Re: DACS Docket#—20140722-437 Collier County PL20130001109/CPSP-2013-6 Submission dated July 18,2014 Dear Mr.Weeks: The Florida Department of Agriculture and Consumer Services(the"Department") received the above- referenced proposed comprehensive plan amendment on July 22,2014 and has reviewed it pursuant to the provisions of Chapter 163,Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural,aquacultural,or forestry resources in Florida if the proposed amendment(s)are adopted. Based on our review of your county's submission,the Department has no comment on the proposal. If we may be of further assistance, please do not hesitate to contact me at 850-410-2289. Sincerely, 1 t + / f/ 1 Stormie Kni:h Sr. Management Analyst I Office of Policy and Budget cc: Florida Department of Economic Opportunity (SLPA#: Collier County 14-4 ESR) I 1-800-HELPFLA Florida. www.FreshFromFlorida.com KendallMarcia From: WeeksDavid ! Sent: Tuesday, August 05, 2014 11:38 AM To: SchmidtCorby; KendallMarcia Cc: BosiMichael Subject: FW: Collier County 14-4ESR(Resolution 2014-153)[CPSP-2013-6 batch GMPAs] FYI. (saved into ptn folder) From: Hight, Jason [mailto:Jason.Hight©MvFWC.com] Sent:Tuesday, August 05, 2014 10:21 AM To: DCPexternalagencycomments; WeeksDavid Cc: Wallace,Traci; Chabre,Jane; Poole, Mary Ann Subject: Collier County 14-4ESR(Resolution 2014-153) Mr. Weeks: Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to fish and wildlife or listed species and their habitat to offer on this amendment. If you need any further assistance,please do not hesitate to contact Jane Chabre either by phone at(850) 410- 5367 or at FWCConservationPlanningServices @ MyFWC.com. If you have specific technical questions,please contact Mary Ann Poole at(850)488-8783 or by email at maryann.poole @MyFWC.com. Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation 620 S. Meridian Street, MS 5B5 Tallahassee, FL 32399-1600 office: 850-413-6966 cell: 850-228-2055 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 FDD Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY August 14, 2014 Mr.Nick Casalanguida Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Collier County 14-4ESR Proposed Comprehensive Plan Amendment—FDOT Comments Dear Mr. Casalanguida: The Florida Department of Transportation, District One (hereafter the "Department"), has reviewed the Collier County 14-4ESR(Collier County PL20130001109/CPSP-2013-6)Proposed Comprehensive Plan Amendment (received by the Department on July 23, 2014) in accordance with the requirements of Florida Statutes (F.S.) Section 163 and Chapter 9J-11 of the Florida Administrative Code(F.A.C.).The Department offers Collier County the following comments for your consideration regarding the proposed amendment: As Proposed Collier County 14-4ESR will not negatively impact State road facilities, the Department offers no comment. If you need additional information or would like to discuss these comments, please contact me at (863) 519-2395 or bob.crawley @dot.state.fl.us. Sincerely, Bob Crawley District Transportation Modeling Coordinator FDOT District One CC: Mr.Ray Eubanks,Florida Department of Economic Opportunity BC www.dot.state.fl.us From: Stahl, Chris [mailto:Chris.Stahl @dep.state.fl.us] Sent: Monday,July 28, 2014 1:38 PM To: WeeksDavid Cc: Craig, Kae; DEO Agency Comments Subject: Collier County 14-4ESR—Expedited Review of Proposed To: David Weeks, GMP Manager Re: Collier County 14-4ESR—Expedited Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes.The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities,specifically: air and water pollution;wetlands and other surface waters of the state;federal and state-owned lands and interest in lands, including state parks, greenways and trails,conservation easements;solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no provision that, if adopted,would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please feel free to contact me with any questions. Chris Stahl Office of Intergovernmental Programs Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 47 Tallahassee, FL 32399-3000 (850)245-2169 t— Customer Service Survey DEP Transmittal Review Comments 7-28-14 batch GMPAs G:ICDES Planning Services\ComprehensiveICOMP PLANNING GMP DATA Comp Plan Amendments12013 GMPAs Outside of Cyde1CPSP-2013-6 First Set of Batch Amendments\CPSP-2013-6 Letters to or from DEO_State-Trans&Adopt dw/7-28-14 �PgkRMay% a �c�Z SOUTH FLORIDA WATER MANAGEMENT DISTRICT August 18, 2014 Nick Casalanguida, Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Collier County, DEO #14-4ESR Comments on Proposed Comprehensive Plan Amendment Package Dear Mr. Casalanguida: The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by Collier County (County). The amendment updates the Comprehensive Plan with changes identified in the Evaluation and Appraisal Report. The District offers the following comments that we request the County address prior to adopting the amendment. These will update the references to the District's current documents: • Conservation and Coastal Management Element (CCME) Objective 2.1, and Public Facilities Element Stormwater Sub-Element Policy 6.2 and 6.3: "...Basis of Water Management District (2012), Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014)..." • CCME Policy 6.5.2(3):"...Section 5.2.2(b), of the SFWMD's Basis of Review for Environmental Rcsource Permit Applications Within the South Florida Water Management District, August 2000, Section 4.2.2(b) of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Manaqement District (2014), or its successor..." • CCME Policy 6.5.2(4): "... - . _ 4 . . . - - -. - - :' :- • Review Sections 3.10, 3.11, and 3.12 of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014), or its successor..." The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsfwmd.gov Mr. Nick Casaianguida, Administrator August 18, 2014 Page 2 For assistance or additional information, please contact Deborah Oblaczynski, Policy and Planning Analyst, at (561) 682-2544 or doblaczysfwmd.gov. Sincerely, IP\-eV Dean Powell Water Supply Bureau Chief DP/do c: Ray Eubanks, DEO Deborah Oblaczynski, SFWMD David Weeks, AICP, Collier County Brenda Winningham, DEO Margaret Wuerstle, SWFRPC ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board.of County Commissioners adopted the Collier • County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff has prepared amendments to address glitches related to 2011 .EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and • [14-CMP-00913/1125239/1]68 Page 1 PL20130001109/CPSP-2013-6 10/16/14 • i I WHEREAS, Collier County has gathered and considered additional information,data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier County Board of County Commissioners held on January 27, 2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Capital Improvement Element of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters.a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of 2015. [14-CMP-00913/112523911]68 Page 2 PL20130001109/CPSP-2013-6 10/16/14 I ! ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-CickoV3iN Managing Assistant County Attorney Attachment: Exhibit A—Capital Improvement Element 1 1 114-CMP-00913/1125239/1]68 Page 3 PL20130001109/CPSP-2013-6 10/16/14 • Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 { EXHIBIT "A" CAPITAL IMPROVEMENT ELEMENT (CIE) I. INTRODUCTION [Revised parenthetical citation, page 1] *** *** *** *** *** text break *** *** *** *** *** One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service." The statute defines the phrase "level of service" as "...an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section - "- = • - - :- 163.3164(28), Florida Statutes). *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised parenthetical citation, page 2] *** *** *** *** *** text break *** *** *** *** ***, Policy 1.5: [Revised text, page 7] The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break *** *** *** *** *** C. County Stormwater Management Systems: *** *** *** *** *** text break *** *** *** *** *** LEVELS OF SERVICE ATTAINED BY BASINS *** *** *** *** *** text break *** *** *** *** *** BASIN LEVEL OF SERVICE SOUTHERN COASTAL BASIN US-41- US 41 Outfall Swale No. 1 Basin D US 11 US 41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C *** *** *** *** *** text break *** *** *** *** *** [14-C M P-00913/112 5 247/1]70 Words underlined are added;words strums are deleted—as Transmitted. Words double-underlined are added;words double-tom#are deleted—as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 • i I H. Public School Facilities: • Level of Service (LOS) standards for CSAs shall be based upon permanent FISH capacity: 1. Elementary schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 2. Middle schools = 95 percent (0.95) of CSA Enrollment / FISH • Capacity • 3. High schools = 100 percent (1.00) of CSA Enrollment / FISH Capacity *** *** *** *** *** text break *** *** *** *** *** • *** *** *** *** *** tc - -_ *** *** *** *** *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. *** *** *** *** *** text break *** *** *** *** *** • policies in this Capital Improvement Element. 5 4. Update of Capital Improvement Element [Renumbered text, page 26] The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the Element will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: [14-CM P-00913/1125247/1170 Words underlined are added;words struck-trough are deleted—as Transmitted. Words double-underlined are added;words double-stpdok4wough are deleted—as Recommended for Adoption. ; 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 *** *** *** *** *** text break *** *** *** *** *** 6 5. Concurrency Management System [Renumbered ; text, page 271 *** *** *** *** *** text break *** *** *** *** *** 7 6. Third Evaluation and Appraisal Report Reviews [Renumbered & revised text, page 28] The Required third Evaluation and Appraisal Report Reviews (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element: The monitoring procedures necessary to enable the completion of the third each evaluation include: A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 5 above; Plan, as set forth in Section 4 above; and G B. Review of annual updates of this Capital Improvement Element, including updated supporting documents; and C. Review of State of Florida legislation concerning comprehensive planning and growth management passed since the previous EAR to evaluate effects on Collier County planning efforts. • • 11bcc.colliergov.nefldata\GMD-LDS\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATAIComp Plan Amendments12013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CM P-00913/1125247/1)70 Words underlined are added;words struck-through are deleted-as Transmitted. Words double-underlined are added;words double-s4r=usk-thfotgh are deleted-as Recommended for Adoption. 3 ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans;and WHEREAS, staff has prepared amendments to address glitches related to 2011 EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on , after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and [14-CMP-00913/1125263/1]78 Page 1 PL20130001109/CPSP-2013-6 10/16/14 � I WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents,testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier County Board of County Commissioners held on January 27, 2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Conservation and Coastal Management Element of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. 'If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. [14-CMP-0091 3/1 1 25263/1]78 Page 2 PL20130001109/CPSP-2013-6 10/16/14 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: JV� (1/3/t9 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Conservation and Coastal Management Element [14-CMP-0091 3/1 1 2 5263/1]78 Page 3 PL20130001109/CPSP-2013-6 10/16/14 I Ii Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 I I I i EXHIBIT "A" PL201300011091CPSP-2013-6 • CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) I. INTRODUCTION [Revised text, page 1] Subsection 163.3177 (5)(d) (6)(d), Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with the conservation, use, and protection of natural resources in the area, including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources, including factors that affect energy conservation." In 2002, the State Legislature made a change to This Subsection 163.3177 (6)(d), F.S., which also requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically, the Conservation Element must "assess their "current, as well as and projected, water needs and sources for at least a 10-year period." In addition to the Conservation Element, Subsection 163.3177 (5)(g) (6)(q), Florida Statutes, also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" *** *** *** text break *** *** *** *** OBJECTIVE 2.1: [Revised text, page 6] Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of the Basis of Review for Environmental Resource Permit Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic_ Limits of the South Florida Water Management District (2014), or its successor, in effect at the time of project approval, and the retention and detention requirements, and the allowable off-site discharge rates required by Stormwater Management Sub-Element Policy 6.2 and 6.3, respectively; *** *** *** *** *** text break *** *** *** *** *** [14-CMP-00913/1125248/1)71 Words underlined are added;words struck rugh are deleted—as Transmitted. Words double-underlined are added;words double—rough are deleted—as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 GOAL 6: [Revised text, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.1: [Revised text, • page 16] For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this pPolicy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012 2013, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.3: [Repositioned parenthetical and revised text, page 27] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved... The County shall direct impacts away from such wetlands. *** *** *** *** *** text break *** *** *** *** *** (2) Big Cypress Area of Critical State Concern (ACSC) Overlay Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations shall be limited to 10% of the total site. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent 114-C M P-00913/1125248/1171 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-you are deleted—as Recommended for Adoption. 2 • I ' Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90%. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5.2: [Revised text, page 35] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: *** *** *** *** *** text break *** *** *** *** ***, (3) Within the Rural Fringe Mixed Use District, stormwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one-half inch of dry retention or retention pretreatment as specified in Section 2 4.2.2(b), of the _ .' :.. - -- . _ •. _•.... _ --._. . o• .,• A :: .. .•. • ••• •- --- • - _. • .. ■ __ ..-. . . ais Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Mana._ement District 2014 or its successor. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 ^nd 3.10, 3.11 and 3.12 of the SFWMD's Basis of Review i Environmental Resource Permit A..lican 's Handbook Volume II for use within the Geographic Limi s .f the South Florida Water Management District (20141, or its successor. *** *** *** *** *** text break *** *** *** *** *** GOAL 8: [Revised text, page 41] THE COUNTY SHALL TO MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: [Revised text, page 41] •- --- - - sComply with all applicable federal and State air quality standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9.3: [Revised text, page 42] [14-C MP-009131112524811]71 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-st€uefrAlifetigli are deleted—as Recommended for Adoption. 3 Staff Proposed GMP Amendments CCPC Adoption Draft 10/ 5/14 - -- - - - - e - - ---- • ---- - oContinue to hold" its hazardous waste collection days at least once per year. Policy 9.3.1: [Revised ' text, page 42] The hHazardous waste collection days shall target residential households but also allow small businesses to participate to some extent. *** *** *** *** *** text break *** *** *** *** *** GOAL 11: [Revised text, page 50] THE COUNTY SHALL TO PROVIDE FOR THE PROTECTION, RESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: [Revised text, page 50] To pProtect historic and archaeological resources in Collier County. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.6: [Revised text, page 52] The Directors of the Engineering Services Der artment/Transportation Planning Section and Bureau of Emergency Services Management Departments will review, at least annually, review evacuation route road improvement needs to ensure that necessary improvements are reflected within Table A, the Five-Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan_ *** *** *** *** *** text break *** *** *** *** ***' Policy 12.1.14: [Revised text, page 53] , All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is are required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities," 2007). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 72 hours. Policy 12.1.4515: [Revised text, page 54] The County will coordinate with the Florida Department of Transportation on its plans to one- way evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. *** *** *** *** *** text break *** *** *** *** ***I Policy 12.2.5: [Revised text, page 55] [14-C MP-00913/1125248/1171 Words underlined are added;words struck-through are deleted-as Transmitted. Words double-underlined are added;words double-st€uc are deleted-as Recommended for Adoption. 4 I j Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Bureau of Emergency Services and approved by the Board of County Commissioners. *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Division Administrator, the Land Development Services Planning and Zoning Director, the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] The County shall Pe Make every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services ManagemeRt Department in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. Policy 12.4.1: [Revised text, page 56] All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Bureau of Emergency Services Management Oepa t;ent prior to receiving a final development order. *** *** *** *** *** text break *** *** *** *** *** GOAL 13: [Revised text, page 56] THE COUNTY SHALL TO AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: [Revised text, page 57] Te eEstablish, prior to the ad option of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. [1 4-C M P-0091311125248/1171 Words underlined are added;words dough are deleted—as Transmitted. Words double-underlined are added;words doubled are deleted—as Recommended for Adoption. 5 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 1\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA1Comp Plan Amendments12013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-C M P-00913/1125248/1]71 Words underlined are added;words struck through are deleted-as Transmitted. Words double-underlined are added;words double-ctr ck-thRE494 are deleted-as Recommended for Adoption. 6 I i ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, , THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN • EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff has prepared amendments to address glitches related to 2011 EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and [14-CMP-00913/1125280/1]80 Page 1 PL20130001109/CPSP-2013-6 10/16/14 WHEREAS, Collier County has gathered and considered additional information,data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents,testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier County Board of County Commissioners held on January 27,2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ' I SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN The amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of 2015. [14-CMP-00913/1125280/1]80 Page 2 PL20130001109/CPSP-2013-6 10/16/14 • i ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko "�3(N Managing Assistant County Attorney Attachment: Exhibit A—Future Land Use Element and Future Land Use Map and Map Series ; [14-CM P-00913/1125280/1]80 Page 3 PL20130001109/CPSP-2013-6 10/16/14 EXHIBIT "A" FUTURE LAND USE ELEMENT (FLUE) *** *** *** *** *** text break *** *** *** *** *** C. UNDERLYING CONCEPTS [Revised text, page 4] *** *** *** *** *** text break *** *** *** *** *** Coordination of Land Use and Public Facilities At the heart of Florida's Community Planning Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through LOS standards. The LOS standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding LOS standards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvement and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the standards serve to assure the availability of adequate facilities, whether public or private. *** *** *** *** *** text break *** *** *** *** *** Policy 2.2: [Revised text, page 12] Deficiencies or potential deficiencies that have been determined through the Annual Update and • Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvement Element, enter into a binding commitment with a IDdeveloper to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. *** *** *** *** *** text break *** *** *** *** *** Policy 2.4: [Revised text, page 12] Pursuant to the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. US 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Developments within the South iJ S- US 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. [14-C M P-00913/1125254/1176 Words underlined are added;words struck-t#rough are deleted—as Transmitted. Words double-underlined are added;words double-s46 are deleted—as Recommended for Adoption. 1 • *** *** *** *** *** text break *** *** *** *** *** Policy 4.6: [Revised text, page 16] Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution # No. 01-247, adopted June 26, 2001). Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport-Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between U,S, US 41 North and Goodlette-Frank Road; b. l US 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. *** *** *** *** *** text break *** *** *** *** *** A. Urban Mixed Use District [Revised text, page 27] This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed use sites of . water Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use [14-CM P-00913/1125254/1]76 Words underlined are added;words struck eugh are deleted—as Transmitted. Words double-underlined are added;words double-stRasR=tf are deleted—as Recommended for Adoption. 2 I : shall be encouraged to the use of the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas featurcc and to assure compatibility with surrounding land uses. *** *** **. *** *«* text break *.* *** *** **. 1. Urban Residential Subdistrict; [Revised text, page 28] The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 2. Urban Residential Fringe Subdistrict; The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either"a" or"b" below: *** *** *** *** *** text break *** *** *** *** *** 3. Urban Coastal Fringe Subdistrict; [Revised text, page 30] *** *** *** *** *** text break *** *** *** *** *** 6. PUD Neighborhood Village Center Subdistrict: [Revised text, page 33] *** *** *** *** *** text break *** *** *** *** ***. 10. Henderson Creek Mixed Use Subdistrict [Revised text, page 37] The Henderson Creek Mixed Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S,R, SR 951) and south of J& US 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. . *** *** *** *** *** text break *** *** *** *** *** [14-CM P-00913/1125254/1]76 Words underlined are added;words s#fask-x#redg#are deleted—as Transmitted, Words double-underlined are added;words double-std are deleted—as Recommended for Adoption. 3 • Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict as follows: a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and t4 US 41. A loop road that is open to the public shall connect these access points. *** *** *** *** *** text break *** *** *** *** *** 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Revised text, page 43] The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. *** *** *** *** *** text break *** *** *** *** ***. a. Parcel 1 This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road. A maximum of 100,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other comparable and/or compatible land uses not found specifically in the C-1 through C-3 zoning districts, limited to: general and medical offices, government offices, financial institutions, personal and business services, limited indoor recreational uses, and limited retail uses; mixed-use development (residential and commercial uses). The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. b. Parcel 2 This parcel is located approximately % mile east of Livingston Road and is adjacent to multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: General and medical offices, community facilities, and business and personal services, all as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any single commercial user shall be 20,000 square feet. *** *** *** *** *** text break *** *** *** *** *** 2. Density Bonuses [Revised text, page 48] Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. [14-C M P-00913/1125254/1]76 Words underlined are added;words Hough are deleted—as Transmitted. Words double-underlined are added;words double-st€u€tAwough are deleted—as Recommended for Adoption. 4 i 1 I. I l *** .*, *** *** *** text break *** *** *** *** *** c. Affordable-Workforce Housing Bonus: As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420.9071, F.S. To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the. Land Development Code, Ordinance # No. 04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable-workforce Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable- workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** 4. Density Conditions: [Revised text, page 50] The following density condition applies to all properties subject to the Density Rating System. a. Maximum Density The maximum allowed density shall not exceed 16 dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) provision contained in Section 2.03.07 of the Land Development Code adopted by Ordinance # No. 04-41, as amended on June 22, 2004 and effective October 18, 2004. *** *** *** *** *** text break *** *** *** *** *** 1. Rural Commercial Subdistrict [Revised text, page 67] Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met: a. The project, or that portion of a larger project, that is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center, except that the southwest quadrant at the intersection of US 41and S.R. SR 29, is eligible for commercial zoning under this provision; *** *** *** *** *** text break *** *** *** *** *** [14-CM P-00913/1125254/1)76 Words underlined are added;words stfusk-hrough are deleted—as Transmitted. Words double-underlined are added;words double-stfuehArotigh are deleted—as Recommended for Adoption. 5 • I [Revised tent, page 80] C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. *** *** *** *** *** text break *** *** *** *** *** 9. Where residential density is transferred from Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b) Cattle grazing on unimproved pasture where no clearing is required; c) Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is 1) a lot or parcel which it part of a subdivision recorded in the public records of Collier County, Florida.; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained(not transferred) per each lot or parcel. *** *** *** *** *** text break *** *** *** *** **;, B. North Belle Meade Overlay [Revised text, page 93] *** *** *** *** *** text break *** *** *** *** *** 1. IN GENERAL *** *** *** *** *** text break *** *** *** *** *** Planning Considerations a. Wildlife Crossing and Wildlife Corridor * The County should support construction of a wildlife crossing under 1-75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. b. Transportation - An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and [14-CM P-00913/1125254/1]76 Words underlined are added;words strusk•-through are deleted—as Transmitted. Words double-underlined are added;words double-stwek-threog14 are deleted—as Recommended for Adoption. 6 improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. Lands required for the extension of Wilson Boulevard will be dedicated to Collier County • at the time of rezoning. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. Within one year of June 19, 2002, the alternative alignments for east-west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in NBM; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance of residential neighborhoods, to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6. The costs of acquiring necessary right-of-way. Alignments considered for such east-west roadway shall include extension of the existing Landfill Road, extension of the existing Keane and Brantley Roads, extension of the existing Green Boulevard, and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level of public benefit as provided in subparagraph 2 above in determining the proportionate public/private funding in subparagraphs 5 and 6 above and the method and timing of any public resource allocation to the project. - The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern '/z of the western 1/4 of Sections 22 and 27, which would consist of lake excavation areas between the Wilson Boulevard ' extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be designed with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. • [14-CMP-00913/1125254/1]76 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words doubled are deleted—as Recommended for Adoption. 7 • c. Greenway A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. d. Red Cockaded Woodpeckers (RCW) - RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands. 2. Natural Resource Protection Area NRPA [Revised text, page 95] The NBM Natural Resource Protection Area (NRPA1 includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. Planning Considerations a. Consolidation The County should amend the Land Development Code to encourage further consolidation of small parcels. b. Public Acquisition -` The County and the property owners should support acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. c. Sending Area * The NBM NRPA shall be designated as Sending Lands for purposes of the Transfer of Development Rights (TDR) program. d. TDRs TDR Credits generated from the NBM NRPA may be transferred to Sections 21 and 28 and the west 1/4 of Sections 22 and 27, to other suitable locations within the Rural Fringe Mixed Use District, or to the Urban Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. *** *** ** *** *** text break *** *** *** *** *** 4. SENDING AREAS [Revised text, page 97] Within the NBM Overlay are ± 4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and ±5 and 3/4 sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. [14-CM P-00913/1125254/1]76 Words underlined are added;words stfash-t#rou-Gp are deleted—as Transmitted. Words double-underlined are added;words double-stfue1441No are deleted—as Recommended for Adoption. 8 Planning Considerations • a. TDRs Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection -` The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NBM Sending Lands. c. Public Acquisition The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. ** *** *** *** *** text break *** *** *** *** *** D. Rural Lands Stewardship Area Overlay [Revised text, page 113] *** *** *** *** *** text break *** *** *** *** *** Policy 1.2: The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-use development as an alternative to low-density single use development, and provides a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. The strategies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177(11) F.S. Section 163.3248, Florida Statutes. The Overlay includes innovative and incentive based tools, techniques and strategies that are not dependent on a regulatory approach, but will complement existing local, regional, state and federal regulatory programs. • *** *** *** *** *** text break. *** *** *** *** *** Policy 4.2: [Revised text, page 122] All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S. Section 163.3168(2), Florida Statutes, the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,500 acres outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional locational standards normally [14-CMP-00913/1125254/1]76 Words underlined are added;words strusli-trough are deleted—as Transmitted. Words double-underlined are added;words double-at€uelaugh are deleted—as Recommended for Adoption. 9 1 11I I I applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. *** *,* *** *** *** text break *** *** *** *** *** Policy 4.7: [Revised text, page 123] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The eCharacteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ 5.006(5)(I) Section 163.3168(2), Florida Statutes. The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. *** *** *** *** *** text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Revised text, page 135] The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: *** *** *** *** *** text break *** *** *** *** *** 4. Properties with access to US 11 US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units—25% of the total density pool units available. The 97 unit cap will terminate when the BCC [14-CM P-00913/1125254/1[76 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-st€u4,thpattgll are deleted—as Recommended for Adoption. 10 I � adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. *** text break *** *** *�* **► **, FUTURE LAND USE MAP SERIES [Revised text, final page of FLUE text] Future Land use Map [Added new Future Land Use Map Series map] Activity Center Index Map *** text break *** Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenwav Conservation Area Designation Map *,.* text break *** Future Land Use Map and Map Series [New map, following FLUE text] a. Create new Gordon River Greenway Conservation Area Designation Map. /The above revision also affects the text entries in the Future Land Use Map Series listing appearing on the Future Land Use Element Table of Contents pages.] *** *** *** *** *** text break *** *** *** *** *** [Include the actual Gordon River Greenway Conservation Area Future Land Use Map labeled as, and included in, this Exhibit"A".] 0.4-CM P-00913/1125254/1176 Words underlined are added;words stRipk-througb are deleted—as Transmitted. Words double-underlined are added;words double-stwel“brougb are deleted—as Recommended for Adoption. 11 i I . , EXHIBIT _ ! 1a1 Lt. .." 4, A 431.01Z–DON DQN R vER.0$ NWAY COST Ilv.S.'foN AR P ONA ON f Q (► Comr.iQ misty, r`:1 UEiMA • rugs .�,.�, r arralsr' �r . I r1):::.Y iff _1k.* ' 4, ._'-S- :;r°_ ( Lam.. - -1 1.::::l.„, di: v."- -.di-0:0"751:x I P /, i •--------- 4/1"077,,,,- .g‘;‘07,/ - 4- -'''"1" -7;5—‘... ;-- _ -1,--"------17:-i - . - '3, :: --'?...'"..e/....:F.e.. .. ':11111"11 111-11217:1 i,r ,_ r i A ' r• ilrlr.int .. __ ,.1 Ir=r-....±1, ...,,e � t`y2__ y f .t7 47� 4- S.*Ail 1 L M t-1 � —J sorb W Ig �.r 5!�'4G. - ,,,,. , .., ..., • , .., ,�: -- . s r.,,,,„. ,., _, , € � agr.r7t i i Ft 1 00011• �� i A ' cPi 20-114 mss. - s + "x::15111: .', ,�' iir" 0' _ i _ ,,...b- l • 3 ILEci'g1t • -cM .9r'cvtoA f£S'Fra7 i,F�'^^"'t` 3 } .cJirklh�r,v 'SAasDs li4Nlebttkr CYISCO i? Ny. Att7kAIIIN F .aft ,mra - - 11bcc.colliergov.netldatalGMD-LDS\CDE6 Planning Services\Comprehensive1COMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cycle1CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CM P-00913/1125254/1176 Words underlined are added;words ctruck through are deleted—as Transmitted. Words double-underlined are added;words double- ugtt are deleted—as Recommended for Adoption. 12 ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff has prepared amendments to address glitches related to 2011 EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and [14-CMP-0091 3/1 1 2526811]79 Page 1 PL20130001109/CPSP-2013-6 10/16/14 • WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents,testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier County Board of County Commissioners held on January 27, 2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ON E: ADOPTION OF AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Recreation and Open Space Element of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman [14-CMP-00913/1125268/1]79 Page 2 PL20130001109/CPSP-2013-6 10/16/14 Approved as to form and legality: "(3l N Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Recreation and Open Space Element • [14-CMP-00913/1125268/1]79 Page 3 PL20130001109/CPSP-2013-6 10/16/14 - - _ - i l Staff Proposed GMP Amendments CCPC Adoption Draft 105/14 - l EXHIBIT "A" RECREATION AND OPEN SPACE ELEMENT (ROSE) L INTRODUCTION [Revised text, page 1] *** *** *** ,* *** text break *** *** *** *** *** 11. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] _ _ . • . _ • •. . _ • . _ I *** *** *** *** *** text break *** *** *** *** *** Policy 1.1.1: [Revised text, page 2] - The standards for levels of service (LOS) of County parks and recreation facilities appear in Policy 1.5; subsection "G" 1.5.G in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** _ . . . • - .• $270.00 per --- - - --e- - - • -e- -- -e- .e.. ••-- _- used to determine the sonstrustien cost of faotht+es-pla ned. The CCI that will be used County, . - e" ."- • - -- - --- - - - e. --- • - n --- -•- by the County population. 2. Where r-- -• - - - - - - -- -- - ----- - --- - - -- _ - sector are available ugh ar-r-ahgeich-eht with the County to the public on a *** *** *** ••• *** text break *** *** *** *** *** [Revised text, page 5] GOAL 2: THE COUNTY SHALL PROMOTE A PARK SYSYTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD (LOSS) CONTAINED IN THE CIE. 11bcc.colliergov.netldata\GMD-LCSICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption\13-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CMP-00913/1125250/1]72 Words underlined are added;words struck-thretugh are deleted—as Transmitted. Words double-underlined are added;words double-st€o€144r4a444 are deleted—as Recommended for Adoption. 1 ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, 1 THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff has prepared amendments to address glitches related to 2011 EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and [14-CMP-0091 3/1 1 2 52 85/1]81 Page 1 PL20130001109/CPSP-2013-6 10/16/14 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report,the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public '. hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier County Board of County Commissioners held on January 27,2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Stormwater Management Sub-Element of the Public Facilities Element of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of 2015. [14-CMP-00913/1125285/11 81 Page 2 PL20130001109/CPSP-2013-6 10/16/14 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko 1'(3/ty Managing Assistant County Attorney Attachment: Exhibit A—Stormwater Management Sub-Element of the Public Facilities Element (14-CMP-00913/1125285/1]81 Page 3 PL20130001109/CPSP-2013-6 10/16/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 EXHIBIT "A" PUBLIC FACILITIES ELEMENT Stormwater Management Sub-Element (SM) *** *.* **. text break I. INTRODUCTION [Revised text, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County, there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMD), maintains the larger, regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However, management of stormwater is concerned not only with flood prevention (a quantity issue), but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils, greases, heavy metals, pesticides, fertilizers and other substances, which can have a deleterious impact on the County's natural systems and, above all, its groundwater quality. Note that, in this respect, there is overlap in the intended purpose between the Drainage Stormwater Management and Natural Groundwater Aquifer Recharge Sub elements Sub- Elements:both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub-element Stormwater Management Sub-Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Subs el „t Sub-Element is on groundwater protection. *** *** *** *** *** text break *** *** *** *** *** One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems, which will maintain predevelopment run-off conditions so that the capacity of the downstream portion of the watershed is not exceeded. In this respect, there is an overlap between the intended purpose of the Drainage Sub element Stormwater Management Sub-Element and Goal 2 of the Conservation and Coastal Management Element, including the Watershed Management Plans discussed under Objective 2.1 of the CCME. *** *** *** *** *** text break *** *** *** *** *** It. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] [14-CMP-00913/1125251/1]73 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-sf€ =t#€o are deleted—as Recommended for Adoption. 1 1 I Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 *** text break *** *** *** *** *** Policy 2.1: [Revised text, page 5] The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy 1.5; subsection "C" 1.5.0 in the Capital Improvement Element. *** *** *** *** *** text break *** *** *** *** ***. Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the I- • : '- •- • - • - - -- ._ £ ' . . £ - ',- -_ ---- 9. ! State--_ - _.__-=---= -- —a-- -- _ -------d-=_ __ '-- ____ ----- Environmen al Resource Permit A..li an's Handbook Volum- II for use wi hin he Geo•ra.hic Limits of the South Florida Water Management District (2014), or its successor, as it existed at the time of project approval. • Policy 6.3: [Revised text, page 5] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. 951 Canal North Basin 0.11 cfs/acre a: Airport Road North Canal 0.04 cfs/acre b. Sub-basin (North of Vanderbilt Beach Road) b- Airport Road South Canal 0.06 cfs/acre c. Sub-basin (South of Vanderbilt Beach Road) d. C-4 Basin 0.11 cfs/acre • s- Cocohatchee River Canal Basin 0.04 cfs/acre e. f. Corkscrew Canal Basin 0.04 cfs/acre g Cypress Canal Basin 0.06 cfs/acre h. Faka Union Canal Basin 0.09 cfs/acre (North of 1-75) i. Gordon River Extension Basin 0.09 cfs/acre • L Harvey Canal Basin 0.011 cfs/acre k. Henderson Creek Basin 0.08 cfs/acre I. 1-75 Canal Basin 0.06 cfs/acre m. Imperial Drainage Outlet Basin 0.12 cfs/acre e: Island Walk Basin 0.055 cfs/acre n. (aka Harvey Basing d7 Lely Canal Basin 0.06 cfs/acre o. n , Lely Manor Canal Basin 0.06 cfs/acre g, Main Golden Gate Canal Basin 0.04 cfs/acre r14-crop-00913/11.25251/1p3 Words underlined are added;words struckk-through are deleted—as Transmitted. Words double-underlined are added;words double-st44,throttcp are deleted—as Recommended for Adoption. 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 • r. Palm River Canal Basin 0.13 cfs/acre s. Pine Ridge Canal Basin 0.13 cfs/acre f Wiggins-Pass Basin 0.13 cfslacrc g: All other areas 0.15 cfs/acre t. The County may exempt projects from these allowable off-site discharge rates if any of the following applies: *** text break **. *** *** *** ***' 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "- ! _- _ P- •- _ • e•••-• - - e. .- •_ Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District 014 ; or its successor. The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: Ilbcc.colliergov.netldata\GMD-LDSICDES Planning Services\ComprehensiveICOMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cycle4CPSP-20136 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA ExhbtA_8-25 DRAFT.docx [14-CM P-00913/1125251/1173 Words underlined are added;words stru g14 are deleted—as Transmitted. Words double-underlined are added;words double-emu are deleted—as Recommended for Adoption. 3 i + 1 ORDINANCE NO. 15- � I � AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE TRANSPORTATION ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff has prepared amendments to address glitches related to 2011 EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and [14-CMP-00913/1125257/1]77 Page 1 PL20130001109/CPSP-2013-6 10/16/14 1 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents,testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier County Board of County Commissioners held on January 27, 2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Transportation Element of the Growth Management Plan, attached hereto as Exhibit"A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before'it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of 2015. [14-CMP-0091 3/1 1 252 57/1]77 Page 2 PL20130001109/CPSP-2013-6 10/16/14 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING,Chairman Approved as to form and legality: Heidi Ashton-Cicko • Managing Assistant County Attorney Attachment: Exhibit A—Transportation Element [14-CMP-00913/1125257/1)77 Page 3 PL20130001109/CPSP-2013-6 10/16/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10115114 I i EXHIBIT "A" TRANSPORTATION ELEMENT (TE) • *** *** *** *** *** text break *** *** *** *** ***' A. FUTURE SYSTEM NEEDS [Revised text, page 1] *** *** *** *** *** text break *** *** *** *** ***. 2. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal system. *** *** *** *** *** text break *** *** *** *** ***' • The characteristics of the highway network at this location resembles an "hour-glass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge; while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck"effect when too much traffic volume is forced through a constricted area. *** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised . text, page 12] The standards for levels of service (LOS) of County arterial and collector roads appear in Policy 1.5; subsection "A" 1.5.A in the.Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 1.4: The standards for levels of service (LOS) of state and federal roads in the County appear in Policy 1.5; subsection "B" 1.5.B in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated. by a development. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text, page 16] Pursuant to Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South U-& US 41 [14-C M P-00913/112525211]74 Words underlined are added;words struck-thyare deleted—as Transmitted. Words double-underlined are added;words double-stkiel(Alffe are deleted—as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U-S, US 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated;using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 18] Commercial developments within the South l US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Residential developments within the South U,S, US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the • required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three (3) years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. Developments within the South D S- US 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. *** *** *** *** *** text break *** *** *** *** *** Policy 5.6: [Revised text, page 18] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: [14-CM P-00913/1125252/1174 • Words underlined are added;words struck through are deleted-as Transmitted. Words double-underlined are added;words double-st€ucic-thfsaigh are deleted-as Recommended for Adoption. 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 � I *** *** *.* *** *** text break *** *** *** *** *** In order to be exempt from link-specific concurrency, developments within the TCMA, must provide documentation to the Transportation Planning Department Section that at least two a Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the • required annual monitoring report. Developments not required to submit an annual monitoring • report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three (3) years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. *** text break *** *** *** .*. ... Policy 6.5: [Revised text, page 20] The Collier County MPO's adopted Long Range Plan has identified a number of potential, critical need intersections, including an interchange in the vicinity of I-75/Everglades Boulevard; a US 41 US 41/SR-CR 951 grade separated overpass; and, a Randall Boulevard/lmmokalee Road grade separated overpass. The County shall pursue such projects in a manner consistent with the findings of the AUIR and through the development of the FDOT 5-year Work Program, as appropriate. • • Ubcc.colliergov.netldata\GMD-LDS\CDES Planning Services\ComprehensivelCOMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cyde1CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CMP-00913/1125252/1174 Words underlined are added;words strusli-tftpaugh are deleted—as Transmitted. Words double-underlined are added;words double-stsicuck—tlifotilli are deleted—as Recommended for Adoption. 3 EXECUTIVE SUMMARY Recommendation to consider approving Staff-Proposed 2011 Evaluation and Appraisal Report- Based Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, to Fix Glitches Related to Changes in 2011 EAR-Based Amendments and Revise for Internal Consistency, for Transmittal to the Florida Department of Economic Opportunity for review and Comments response. (Transmittal Hearing) OBJECTIVE: For the Board of County Commissioners (Board) to review several individual staff- initiated amendments to the Collier County Growth Management Plan (GMP) and consider approving said amendments for transmittal to the Florida Department of Economic Opportunity (DEO). CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for petition PL20 1 3 000 1 1 09/CPSP-2013-6 on May 15, 2014. • This is the Transmittal hearing for these out of Cycle, staff-proposed amendments to the Conservation and Coastal Management Element, Capital Improvement Element, Future Land Use Element, Recreation and Open Space Element, Stormwater Management Sub-Element of the Public Facilities Element, and the Transportation Element of the Growth Management Plan. The amendments that are the subject of this hearing are limited in scope primarily to those directed by the Board following the adoption of 2011 EAR-based GMP amendments. Though not necessarily recommended by specific reference in the EAR, these general updating and "housecleaning" amendments seek to add clarity, correct text errors or omissions, provide harmony and internal consistency, and so forth. Further explanation and staff analysis is provided in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these GMP amendments. However, the costs associated with legal advertising/public notice for the public hearings are borne by the County. GROWTH MANAGEMENT IMPACT: Approval of these proposed amendments by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty-day (30) review process and ultimately return these amendments to the Planning Commission and the Board for final Adoption hearings to be held later in 2014. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of the Board is needed for transmittal to DEO. [HFACJ STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION (CCPC: That the CCPC forward petition PL20130001109/CPSP-2013-6 to the Board with a recommendation to adopt. The staff recommendation to the Board is the same -to adopt. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC forwarded petition PL20130001109/CPSP-2013-6 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 5/0). There were no public speakers to this item. STAFF RECOMMENDATION TO TILE BOARD OF COUNTY COMMISSIONERS (BOARD): The Board of County Commissioners (Board) approve for transmittal of the amendments to the Florida Department of Economic Opportunity(DEO). Prepared by: Corby Schmidt, AICP, Principal Planner, David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CPSP-2013-6 CCPC Staff Report; 2) CPSP-2013-6 Resolution with Exhibit"A"text. Co e-r Cow .-ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: MAY 15. 2014 RE: PETITION NO. PL201 30001 1 09/CPSP-2013-6, STAFF-PROPOSED AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, CAPITAL IMPROVEMENT ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES, RECREATION AND OPEN SPACE ELEMENT, STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, AND THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN [TRANSMITTAL HEARING] REQUESTED ACTION and STAFF ANALYSIS: This proposal consists of several individual staff-initiated amendments, as authorized or directed by the Board of County Commissioners. Most of the amendments seek to add clarity, correct text and map errors or omissions, and provide harmony and internal consistency. Each amendment is identified below, followed by brief explanation/analysis. The proposed amendments themselves make up the Exhibit "A" accompanying the Transmittal Resolution. Conservation & Coastal Management Element (CCME): • Revise Statutory cites in INTRODUCTION, as amended earlier by Evaluation and Appraisal Report (EAR)-based Growth Management Plan (GMP) amendments elsewhere. • The subject of adopted 2011 EAR direction —the Objective 2.1 placeholder, "or its successor" appears in the 2013 Ordinance adopting EAR-based GMPAs, then awaiting adoption of specific document. • Deleting possessive modifier in Goal 6, for proper language of a GMP Goal. • Change year from "2012" to "2013" in Policy 6.1.1. • Remove the term "District" in this context in Policy 6.2.3. • The subject of adopted 2011 EAR direction — updating the reference to a State of Florida document to replace the Policy 6.5.2 placeholder text that was then awaiting adoption of specific document. • The subject of adopted 2011 EAR direction — revise Goal 8 and Objective 8.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • The subject of adopted 2011 EAR direction — revise Objective 9.3 and Policy 9.3.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • The subject of adopted 2011 EAR direction — revise Goal 11 and Objective 11.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • Revise department names in Policy 12.1.6. — 1 — • Renumber policy with the number"12.1.16" to "12.1.15". • Revise department name in Policy 12.2.5. • Revise department/ director name in Policy 12.3.3. • The subject of adopted 2011 EAR direction— revise Objective 12.4 for proper language of a GMP Objective, and revise department name in Objective 12.4 and Policy 12.4.1. • The subject of adopted 2011 EAR direction — revise Goal 13 and Objective 13.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. Capital Improvement Element(CIE): • Revise Statutory cite in INTRODUCTION, as amended earlier by EAR-based GMPAs elsewhere. • Make singular the "Goals" in heading II. • Revise to include introductory statement in Policy 1.5.H, which did not get moved with other EAR-based amendments. • Update references to School District documents in "Public School Facilities Projects" section of the Schedule of Capital Improvements. • Delete entry no. 4, under Section V, referring to a Semi-annual Report that is no longer required. Re-number subsequent entries 5-7 to account for this deletion. • Update language in present entry 7 under Section V referencing Evaluation and Appraisal Reports; delete 7.B. to correlate with earlier deletion pertaining to a Semi-annual Report that is no longer required, and re-letter present 7.C; and, add new 7.0 to reflect statutory changes in 2011. • Revise throughout to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways—to be consistent. Future Land Use Element (FLUE): • Update reference to Florida Planning law in the UNDERLYING CONCEPTS, "Coordination of Land Use and Public Facilities" section. • De-capitalize a common noun in Policy 2.2. • Replace the informal "#" with the formal "No." for internal consistency in Policy 4.6 and throughout. Note: the strike through of the number symbol -#- may not be apparent. • Revise second paragraph under the "Urban Mixed Use District" section to delete a portion of one sentence for clarity— many years ago an amendment was adopted in which words were missing resulting in a nonsensical sentence; and, to revise another sentence for proper sentence structure. • Revise to remove the seldom found ":" (colon) for internal consistency from "Urban Residential Subdistrict:" and other applicable subdistrict headings where found. • Remove a repeated phrase Sending Lands subsection 9.d. • Revise to remove the seldom found "*" (asterisk) for internal consistency from North Belle Meade Overlay, In General, Planning Considerations' subsections and other applicable provisions where found. Note: the strike through of an asterisk-*- may actually appear to be an underline. • Revise the acronym-only heading for internal consistency from the "NRPA" subsection. • Revise Statutory cite in RLSA Policies1.2, 4.2 and 4.7, as amended earlier in RLSA Policies 1.16 and 4.6 by EAR-based GMPAs and other applicable provisions where found. • Revise throughout to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways —to be consistent. —2— Future Land Use Map Series (FLUM): • Add new Gordon River Greenway Conservation designation inset map and add inset map title to FUTURE LAND USE MAP SERIES listing. Recreation and Open Space Element(ROSE): • Revise to number headings; delete element name sub-heading. • Amend Policy 1.1.1 to replace Policy "1.5; subsection "G"" with Policy "1.5.G" for internal consistency. • Delete paragraph "C" under Policy 1.1.1. Paragraphs "A" and "B" in Policy 1.1.1 were correctly deleted from the ROSE by Ordinance 13-11 (EAR-based amendment) and the content of Paragraphs A and B were correctly added to the CIE by Ordinance 13-03 (EAR-based amendment). The content of Paragraph "C" was deleted from the CIE prior to 2008, but the glitch occurred when the duplicative Paragraph C in the ROSE was not. • Revise Goal 2 to be consistent with EAR-based re-formatting of goals, objectives and policies, throughout. Stormwater Management Sub-Element: • Revise to match earlier Sub-Element renaming as amended elsewhere in the INTRODUCTION for internal consistency, and to use upper case more similar to prevailing style found where a specific "Element" or"Sub-Element" is being referenced — making these proper nouns—and other applicable provisions where found. • Revise to number headings; Make singular the "Goals" in heading II. • Amend Policy 2.1 to replace Policy "1.5; subsection "C"" with Policy "1.5.C" for internal consistency. • The subject of adopted 2011 EAR direction— updating the reference to a State of Florida document to replace the Policy 6.2 placeholder text that was then awaiting adoption of specific document. Repeated in Policy 6.3 item 2. • The subject of adopted 2011 EAR direction — completing the incomplete list of basins and their respective discharge rates in Policy 6.3. Transportation Element (TE): • Revise to de-pluralize the word "resembles" in the FUTURE SYSTEM NEEDS, "Traffic Circulation Constraints" section. • Amend Policy 1.3 to replace Policy "1.5; subsection "A"" with Policy "1.5.A" for internal consistency. • Amend Policy 1.4 to replace Policy "1.5; subsection "B"" with Policy "1.5.B" for internal consistency. • Re-insert the word "and" between 'Statutes' and `the' in Policy 5.4, which was unintentionally deleted by Ord. 13-4 (EAR-based GMPAs). • Insert parenthetical number entries where only written numbers appear, so as to add clarity in Policies 5.5 and 5.6. • Revise Policy 5.6 to correct the reference to "Department" affected by past renaming as part of an organizational change. • Insert thoroughfare designation entries to add clarity in Policy 6.5— and other instances where found. • Revise Policy 6.5 to add complete road names. • Revise to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways —to be consistent in Policies 5.4, 5.5, 6.5 and in the List of tables/Maps/Figures (un- adopted). —3 — ADDITIONAL STAFF ACTION and ANALYSES: Approval of amendments to the Growth Management Plan Element is intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. The above Elements of the GMP have a number of these in common, in particular: to update and make current the Tables of Contents, along with corresponding titles, headings and other entries — inside and between Elements —to maximize internal consistency. Environmental Impacts: The above amendments are primarily text and/or map corrections and clarifications, with no amendments resulting in a new change to the future land use designation. Accordingly, these amendments do not intensify the allowable uses or densities, and there are no new environmental impacts being authorized by any of these amendments. Public Facilities Impacts: Due to the nature of most of these amendments, there are no new impacts upon public facilities being authorized. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSP-2013-6 to the Board of County Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] —4— Agenda Item 9. PREPARED BY: ID / • 'W'1[s1 DATE: l(p tlj 14- CORBY SCHMI DT,AICP, PRI C PAL PLANNER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: � ..- DATE: `` DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: L/ f f (t l MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED..BY: /7 2 DATE: / Idk CAAALA GI A,AD '.°" OR GROWTH MANAGEMENT DIVISION PETITION NOs. PL20130001109 /CPSP-2013-6 Staff Report for the May 15, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the July 8, 2014, BCC Meeting. G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Man Amendments12013 GMPAs Outside of CycletCPSP-2013-6 First Set of Batch Amendmentst13-6 Transmittal Stff Rprt 4-16 finaLdocx —5— RESOLUTION NO. 14- 15 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; CONSERVATION AND COASTAL MANAGEMENT ELEMENT; RECREATION AND OPEN SPACE ELEMENT; THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20130001109/CPSP-2013-6] 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, in accordance with Section 163.3191, Florida Statutes (2010), Collier County adopted its Evaluation and Appraisal Report ("EAR") of the Growth Management Plan on January 31,2011 by Resolution No.2011-24;and WHEREAS, the EAR identified provisions of the Growth Management Plan that need to be amended;and WHEREAS, Collier County has prepared EAR-based plan amendments to address glitches related to 2011 EAR-based amendments to the following elements of its Growth Management Plan: Capital Improvement Element; Transportation Element; Conservation and Coastal Management Element; Recreation and Open Space Element; Future Land Use Element; Stormwater Management(Drainage)Sub-Element; EAR-based GMPA Page 1 of 3 Rev.4/16/14 Words underlined are additions;Words st-Fuek-threugh are deletions Cq and WHEREAS, on May 15, 2014, the Collier County Planning Commission considered the proposed EAR-based amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said amendments to the Board of County Commissioners;and WHEREAS, on July 8, 2014, the Board of County Commissioners at a public hearing approved the transmittal of the proposed EAR-based amendments to the Growth Management Plan to the state land planning agency in accordance with Section 163.3184,Florida Statutes;and WHEREAS,upon receipt of Collier County's proposed EAR-based Growth Management Plan Amendments, the Department of Economic Opportunity (DEO) has sixty (60) days to review the proposed EAR-based amendments and DEO must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said sixty(60)days pursuant to Section 163.3184(4), Florida Statutes;and WHEREAS, Collier County, upon receipt of the written comments from DEO, must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments within one-hundred-eighty (180) days of such receipt pursuant to Section 163.3184(4), Florida Statutes;and WHEREAS, after the DEO makes a determination of completeness of the adopted EAR- based Growth Management Plan Amendments, the DEO has forty-five (45) days to review and determine if the Plan Amendments are in compliance with the Community Planning Act of 2011, pursuant to Section 163.3184(4),Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: The Board of County Commissioners hereby approves the proposed EAR-Based Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity thereby initiating the required State evaluation of the Growth Management Plan Amendments, prior to final adoption and State determination of compliance with the Community Planning Act of 2011. HIS RESOLUTION adopted after motion, second and majority vote this day of Lt ,2014. OTEST: _ BOARD OF COUNTY COMMISSIONERS I)W1. T E BRO(c,CLERK COLLIE'. O ',, Y,FLORIDA III I ', 4 Jerk TOM "ENN I • Chairman signahlreonly. / EAR-based GMPA Page 2 of 3 Rev.4/16/14 Words underlined are additions; Words struck ram are deletions 0 Approved as to form and legality: A- C4 NO`' ►`k J ' 4 idi As ton-Cicko `t`‘u� Managing Assistant County Attorney Attachment: Exhibit A—Text and Maps i 14-CMP-00913/14 EAR-based GMPA Page 3 of 3 Rev.4/16/14 Words underlined are additions; Words struck through are deletions Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 EXHIBIT "A" P L20130001109/C PS P-2013-6 CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) I. INTRODUCTION [Revised text, page 1] Subsection 163.3177 (5)(d) (6)(d), Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with "the conservation, use, and protection of natural resources in the area, including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources, including factors that affect enerqv conservation." , -- - - - -e.- - - - --- - - - -- : This Subsection 163.3177 (6)(d), F.S., which also requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically, the Conservation Element must=assess their:current, - s and projected, water needs and sources for at least a 10-year period." In addition to the Conservation Element, Subsection 163.3177 ) (6)(q), Florida Statutes, also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" text break OBJECTIVE 2.1: [Revised text, page 6] Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of the =-_ _ - •- _ - - _ •--- _ :-__ __ •••• -- -- - ' - = -e_ - -- • - - -- ••-- ! - e State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor, in effect at the time of project approval, and the retention and detention requirements, and the allowable off-site discharge rates required by Stormwater Management Sub-Element Policy 6.2 and 6.3, respectively; text break *** **-* *** *** *** GOAL 6: [Revised text, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. *** *** *** *** text break #** *** *** *** *** Policy 6.1.1: [Revised text, page 16] For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the DRAFT Words underlined are added;words stroug#are deleted. 1 -4 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this pPolicy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2O4 2013, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) *-k* *** *** *** *** text break *** *** *** *** *** Policy 6.2.3: [Repositioned parenthetical and revised text, page 27] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved... The County shall direct impacts away from such wetlands. *** *** *** *** *** text break *** *** *** *** *** (2) Big Cypress Area of Critical State Concern (ACSC) Overlay Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations shall be limited to 10% of the total site. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas(NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay Distcist as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90%. *** *** *** *** *** text break *** *** * *** *** Policy 6.5.2: [Revised text, page 35] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: *** *** *** *** *** text break (3) Within the Rural Fringe Mixed Use District, stomrwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one-half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SRA PAD s DRAFT Words underlined are added;words shir.144Fettgh are deleted. 2 c,� Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 • - : -.e:—e • • - , • -e-- e e e State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of the State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor. *** *** *** *** *** text break *** *** *** *** *** GOAL 8: [Revised text, page 41] THE COUNTY SHALL TO MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: [Revised text, page 41] • -- . -- - -- --- - oComply with all applicable federal and State air quality standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9.3: [Revised text, page 42] ■-- - _ : __. __ _ • - - --:_-•- - _ _ oContinue to hold its hazardous waste collection days at least once per year. Policy 9.3.1: [Revised text, page 42] The h-Hazardous waste collection days shall target residential households but also allow small businesses to participate to some extent. *** *** *** *** *** text break *** *** *** *** *** GOAL 11: [Revised text, page 50] THE-COUNTY--SHALL TO PROVIDE FOR THE PROTECTION, RESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: [Revised text, page 50] Te pProtect historic and archaeological resources in Collier County. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.6: [Revised text, page 52] The Directors of the Engineering Services Department/Transportation Planning Section and Bureau of Emergency Services Management Des will review, at least annually, review evacuation route road improvement needs to ensure that necessary improvements are reflected within Table-AT the Five-Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.14: [Revised text, page 53) All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is are required for new public schools and public community colleges and universities DRAFT Words underlined are added;words are deleted. 3 CA Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 ("State Requirements for Educational Facilities," 2007). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 72 hours. Policy 12.1.1-615: [Revised text, page 54] The County will coordinate with the Florida Department of Transportation on its plans to one-way evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. *** *** *** *** *** text break *** *** *** *** *** Policy 12.2.5: [Revised text, page 55] The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Bureau of Emergency Services and approved by the Board of County Commissioners. *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Division Administrator, the Planning and Zoning Director, the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] The County shall caMake every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services Management Department in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. Policy 12.4.1: [Revised text, page 56] All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Bureau of Emergency Services Management Department prior to receiving a final development order. *** *** *** *** *** text break *** *** *** *** *** GOAL 13: [Revised text, page 56] TLS G U NP( C- r TO AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: [Revised text, page 57] To eEstablish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a DRAFT Words underlined are added;words struck-t#ret*are deleted. 4 ��C Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. CAPITAL IMPROVEMENT ELEMENT (CIE) I. INTRODUCTION [Revised parenthetical citation, page 1] *** *** *** text break *** *** *** *** *** One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service." The statute defines the phrase"level of service" as "...an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section !- =.!9- _ , e .e- • e—••.- - - -et= 163.3164(28), Florida Statutes). *** *** *** *** *** text break *** *** **" *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised parenthetical citation, page 2] *** *** *** *** *** text break *** *** *** *** *** Policy 1.5: [Revised text, page 7] The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break *** *** *** *** *** C. County Stormwater Management Systems: *** *** *** *** *** text break *k* *** *** *** *** LEVELS OF SERVICE ATTAINED BY BASINS *** *** *** *** *** text break *** *** *** *** *** BASIN LEVEL OF SERVICE SOUTHERN COASTAL BASIN US 11 US 41 Outfall Swale No. 1 Basin D US 11 US 41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C *** *** *** *** *** text break *** *** *** *** *** H. Public School Facilities: Level of Service (LOS) standards for CSAs shall be based upon permanent FISH capacity: DRAFT Words underlined are added;words sack-hrough are deleted. 5 CA Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 1. Elementary schools = 95 percent (0.95) of CSA Enrollment/FISH Capacity 2. Middle schools = 95 percent(0.95)of CSA Enrollment/FISH Capacity 3. High schools = 100 percent(1.00) of CSA Enrollment/FISH Capacity *** *** *** *** *** text break *** *** *** *** *** Collier County Schedule of Capital Improvements [Revised text, page 23] Public School Facilities Projects For the purpose of school concurrency, and in accordance with Policy 4.2, the County hereby incorporates, by reference, the School District's Capital Improvement Plan FY 13 32 14 - 33, approved on May 8, 2012 May 14, 2013; and, the District Facilities Work Program FY 13 17 14— 18, adopted by the School Board on September-1-21-2042 September 10, 2013 is hereby incorporated as data and analysis. *** *** *** *** *** text break *** *** *** *** *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. *** *** *** *** *** text break *** *** *** *** *** 6 4. Update of Capital Improvement Element [Renumbered text, page 26] The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the Element will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: *** *** *** *** *** text break 6 5. Concurrency Management System [Renumbered text, page 27] *** *** *** *** *** text break *** *** *** *** *** 7 6. Thifd Evaluation and Appraisal Report Reviews [Renumbered & revised text, page 28] The-Required thicd Evaluation and Appraisal Report Reviews (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the-third each evaluation include: A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 5 above; DRAFT Words underlined are added;words are deleted. 6 Cq - :r_�=rr.�.-E:o:;.--_- Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 C B. Review of annual updates of this Capital Improvement Element, including updated supporting documents: and C. Review of State of Florida legislation concerning comprehensive planning and growth management passed since the previous EAR to evaluate effects on Collier County planning efforts. FUTURE LAND USE ELEMENT (FLUE) * * *** *** *** *** text break *** *** *** *** *** C. UNDERLYING CONCEPTS [Revised text, page 4] *** **■ *** *** *** text break *** *** *** *** *** Coordination of Land Use and Public Facilities At the heart of Florida's Community Planning Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through LOS standards. The LOS standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding LOS standards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvement and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the standards serve to assure the availability of adequate facilities, whether public or private. *** *** *** *** *** text break *** *** *** *** *** Policy 2.2: [Revised text, page 12] Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvement Element, enter into a binding commitment with a developer to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. text break *** *** *** *** *** Policy 2.4: [Revised text, page 12] Pursuant to the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South LkS-US 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Developments within the South U& US 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the DRAFT Words underlined are added;words fig#are deleted. 7 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. *** *** *** *** text break *** *** *** *** *** Policy 4.6: [Revised text, page 16] Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution#No 01-247, adopted June 26, 2001). Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport-Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between U.&US 41 North and Goodlette-Frank Road; b. U&US 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. *** *** *** *** *** text break *** *** *** *** *** A. Urban Mixed Use District [Revised text, page 27] This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria.•- ---- - - - -- - '- --- e.-- - •- -- - _- - - Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use shall be encouraged to the use of the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas features and to assure compatibility with surrounding land uses. *** *** *** *** *** text break *** *** *** *** *** 1. Urban Residential Subdistrict [Revised text, page 28] DRAFT Words underlined are added;words stfuck through are deleted. 8 Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either "a" or "b" below: *** *** *** *** *** text break *** *** *** *** *** 3. Urban Coastal Fringe Subdistrict [Revised text, page 30] *** *** *** * *** text break *** *** *** *** *r* 6. PUD Neighborhood Village Center Subdistrict [Revised text, page 33] *** *** *** *** *** text break *** *** *** *** *** 10. Henderson Creek Mixed Use Subdistrict [Revised text, page 37] The Henderson Creek Mixed Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S-R- SR 951) and south of U US 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. *** *** *** text break *** *** *** *** *** Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict as follows: a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and U.S. US 41. A loop road that is open to the public shall connect these access points. *** *** *** *** *** text break *** *** *** *** *** 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Revised text, page 43] The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. *** *** *** *** *** text break *** *** *** *** *** a. Parcel 1 DRAFT Words underlined are added;words mush through are deleted. 9 _, T Al Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road. A maximum of 100,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other comparable and/or compatible land uses not found specifically in the C-1 through C-3 zoning districts, limited to: general and medical offices, government offices, financial institutions, personal and business services, limited indoor recreational uses, and limited retail uses; mixed-use development (residential and commercial uses). The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/fumishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. b. Parcel 2 This parcel is located approximately '/t mile east of Livingston Road and is adjacent to multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: General and medical offices, community facilities, and business and personal services, all as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any single commercial user shall be 20,000 square feet. *** *** *** *** *** text break *** *** *** *** *** 2. Density Bonuses [Revised text, page 48] Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** c. Affordable-Workforce Housing Bonus: As used in this density bonus provision, the term"affordable" shall be as defined in Chapter 420.9071, F.S. To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance#No. 04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable- workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable-workforce Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable- workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** DRAFT Words underlined are added;words struck-through are deleted. 10 (1 - . Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 4. Density Conditions: [Revised text, page 50] The following density condition applies to all properties subject to the Density Rating System. a. Maximum Density The maximum allowed density shall not exceed 16 dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) provision contained in Section 2.03.07 of the Land Development Code adopted by Ordinance # No. 04-41, as amended on June 22, 2004 and effective October 18, 2004. *** *** *** *** *** text break ** *** *** *** *** 1. Rural Commercial Subdistrict [Revised text, page 67] Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met: a. The project, or that portion of a larger project, that is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center, except that the southwest quadrant at the intersection of US 41and S.R. SR 29, is eligible for commercial zoning under this provision; , *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 80] C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. *** *** *** *** *** text break *** *** *** *** *** 9. Where residential density is transferred from Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b) Cattle grazing on unimproved pasture where no clearing is required; c) Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for DRAFT Words underlined are added;words shisk-tlirough are deleted. 11 �� Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained(not transferred) per each lot or parcel. text break *.* *** *** *** *** B. North Belle Meade Overlay [Revised text, page 93] *** *** *** *** *** text break *** *** *** *** *** 1. IN GENERAL *** *** *** *** *** text break *** *** *** *** **., Planning Considerations a. Wildlife Crossing and Wildlife Corridor - The County should support construction of a wildlife crossing under 1-75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. b. Transportation An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. - Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. Within one year of June 19, 2002, the alternative alignments for east-west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in NBM; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance of residential neighborhoods,to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6. The costs of acquiring necessary right-of-way. Alignments considered for such east-west roadway shall include extension of the existing Landfill Road, extension of the existing Keane and Brantley Roads, extension of the existing Green Boulevard, and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level of public benefit as provided in subparagraph 2 above in determining the proportionate public/private funding in subparagraphs 5 and 6 above and the method and timing of any public resource allocation to the project. *- The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern '/2 of the western 1/4 of Sections 22 and 27, DRAFT Words underlined are added;words struck-threug#are deleted. 12 G Staff Proposed GMP Amendments CCPC Transmittal Draft 4116/14 which would consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be designed with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. c. Greenway • A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. d. Red Cockaded Woodpeckers (RCW) • RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands. 2. Natural Resource Protection Area NRPA [Revised text, page 95] The NBM Natural Resource Protection Area (NRPA1 includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. Planning Considerations a. Consolidation • The County should amend the Land Development Code to encourage further consolidation of small parcels. b. Public Acquisition - The County and the property owners should support acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. c. Sending Area The NBM NRPA shall be designated as Sending Lands for purposes of the Transfer of Development Rights (TDR) program. d. TDRs -` TDR Credits generated from the NBM NRPA may be transferred to Sections 21 and 28 and the west 1/4 of Sections 22 and 27, to other suitable locations within the Rural Fringe Mixed Use District, or to the Urban Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999,whichever is greater. *** *** *** n** text break *** *** *** *** *** DRAFT Words underlined are added;words stcusli-through are deleted. 13 filfr : svi-�aw.aa.rvsu -,'leN.cAtie's"'+'_ a3disewav:S.T. w .,`T.t;.'^ir .ts,��.v�"fa i®=-•s'.. •£ R.=.- _ .-:2 - _ . _._ : __— __.k2 .f.=. : -.- __-+-.c____ Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 4. SENDING AREAS [Revised text, page 97] Within the NBM Overlay are ±4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and±5 and 3/4 sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. Planning Considerations a. TDRs * Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection - The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NBM Sending Lands. c. Public Acquisition The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. text break *** D. Rural Lands Stewardship Area Overlay [Revised text, page 113] *** *** *** *** *O* text break *** *** *** *** *** Policy 1.2: The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-use development as an alternative to low-density single use development, and provides a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. The strategies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177(11)F.S. Section 163.3248, Florida Statutes. The Overlay includes innovative and incentive based tools, techniques and strategies that are not dependent on a regulatory approach, but will complement existing local, regional, state and federal regulatory programs. *** *** *** *** *** text break *** *** *** *** *** Policy 4.2: [Revised text, page 122] All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S. Section 163.3168(2), Florida Statutes, the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,500 acres DRAFT Words underlined are added;words are deleted. 14 cA C -. �,»�_: _.- _^ Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional locational standards normally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. *** *** *** *** *** text break *** *** *** *** *** Policy 4.7: [Revised text, page 123] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The eCharacteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in - -- - _-. , .-. - : !- *.t!_ Section 163.3168(2), Florida Statutes. The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the lmmokalee Area Master Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. *** *** *** **.. *** text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Revised text, page 135] The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: *** *** *** *** *** text break *** *** *** *** *** 4. Properties with access to US 11 US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the °mini DRAFT Words underlined are added;words staisii-thfeyg14 are deleted. 15 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. *** *** *** *** *** text break *** *** *** *** *** FUTURE LAND USE MAP SERIES [Revised text, final page of FLUE text] Future Land use Map [Added new Future Land Use Map Series map] Activity Center Index Map *** *** *** *** *** text break *** *** *** *** *** Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenwav Conservation Area Designation Map *** *** *** *** *** text break *** *** *** *** *** Future Land Use Map and Map Series [New map, following FLUE text] a. Create new Gordon River Greenway Conservation Area Designation Map. [The above revision also affects the text entries in the Future Land Use Map Series listing appearing on the Future Land Use Element Table of Contents pages.] *** *** *** *** *** text break *** *** *** *** *** [Include the actual Gordon River Greenway Conservation Area Future Land Use Map labeled as, and included in, this Exhibit"A".] DRAFT Words underlined are added;words st through are deleted. 16 G EXHIBIT A PETITION PL-2013-0001109/CPSP-2013-6 GORDON RIVER GREENWAY CONSERVATION AREA DESIGNATION OtpFt COLLIER COUNTY, FLORIDA .... 4.--i-it 11111u1.1 I l E .. , 1111111ll 111 1.2E E \------/ \______\ �111111�1 11 E °"° "°""' 1 �,• 1111111 ini E `1• t II HII,iIIm--- g _ 1 I // cacw ua ruecrr�_ 1 U , 1,4101.1 if IIVIIIPIF 1 • Ili.. iii ./; , A/Mr 11111111111111111 :■■■■.■.■1 • ,?"�I �1u.u�l"u'..I Iflr Niiw. � I'lli� ,1 IZ t t%I �. i 1/1111111E: / 1111111 i ��so 1111 : 1111111111111 / ■ �t.tt,,..itt�: *r.S i'S 'u::?1 r t j a�_ +'rra A 111141/ = M 11110■3 4►1111 —ui11i - Vii ..• G7 q ♦��11 / rrg♦� E. / I ♦ AO> ::`�, are are°HMO wu r 01.4:OP II IIII us ' O 1111:i111i ��1•le � •�i 11►►• X111: ,� i 4 /III. + O i s I" �� 04 �11111111��111 . : SUBJECT SITE O SWIM" MI E '# waI. r r PL-2013-000110 9/ 1101001111101001111111 , _ - CPSP-2013-6 la V. T� mown a: .. IMO. LEGEND �� SUBJECT SITE PREPARED BY: OS/CAD MAPPING SECTION I I CITY Limas Limas GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION {I m R rood rt DATE: 3/2014 FILE: CPSP-2013-6-DWG CA;\r Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 RECREATION AND OPEN SPACE ELEMENT (ROSE) I. INTRODUCTION [Revised text, page 1] *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] *** *** *** *** *** text break *** *** *** *** *** Policy 1.1.1: [Revised text, page 2] t The standards for levels of service (LOS) of County parks and recreation facilities appear in Policy 1.5; subsection "G" 1.5.G in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** County--population, *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 5] GOAL 2: THE COI TY SHA! L PROMOTE A PARK SYSYTEM THAT INCLUDES REGIONAL, SHALL COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD(LOSS)CONTAINED IN THE CIE. DRAFT Words underlined are added;words s through are deleted. 18 ea( Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 PUBLIC FACILITIES ELEMENT Stormwater Management Sub-Element(SM) *** *** *** *** *** text break *** *** *** *** I. INTRODUCTION [Revised text, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County, there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMD), maintains the larger, regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However, management of stormwater is concerned not only with flood prevention (a quantity issue), but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils, greases, heavy metals, pesticides. fertilizers and other substances, which can have a deleterious impact on the County's natural systems and, above all, its groundwater quality. Note that, in this respect, there is overlap in the intended purpose between the Drainage Stormwater Management and Natural Groundwater Aquifer Recharge Sub-elements Sub-Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Stormwater Management Sub-Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub element Sub-Element is on groundwater protection. *** *** *** *** *** text break ««« ««« ««« *«« *** One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems, which will maintain predevelopment run-off conditions so that the capacity of the downstream portion of the watershed is not exceeded. In this respect, there is an overlap between the intended purpose of the Stormwater Management Sub-Element and Goal 2 of the Conservation and Coastal Management Element, including the Watershed Management Plans discussed under Objective 2.1 of the CCME. *** *** *** *** *** text break *** *** «** *** *** IL GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] ««« «*« *** *** **« text break *** *** *** *** «*« Policy 2.1: [Revised text, page 5] The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy 1.5; subsection "C° 1.5.0 in the Capital Improvement Element. *** *** *** *** *** text break «** *** *** *** *** DRAFT Words underlined are added;words std are deleted. 19 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the '- _ _ - - "= - = T- -' ._ •.• • e •-- _ • : - - : --- - •e_ • _ _ .. - e e State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor, as it existed at the time of project approval. Policy 6.3: [Revised text, page 5] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. 951 Canal North Basin 0.11 cfs/acre a: Airport Road North Canal 0.04 cfs/acre b. Sub-basin (North of Vanderbilt Beach Road) • Airport Road South Canal 0.06 cfs/acre c. Sub-basin (South of Vanderbilt Beach Road) d. C-4 Basin 0.11 cfs/acre Cocohatchee River Canal Basin 0.04 cfs/acre e. f. Corkscrew Canal Basin 0.04 cfs/acre g Cypress Canal Basin 0.06 cfs/acre h. Faka Union Canal Basin 0.09 cfs/acre (North of 1-75) L Gordon River Extension Basin 0.09 cfs/acre L Harvey Canal Basin 0.011 cfs/acre k. Henderson Creek Basin 0.08 cfs/acre L 1-75 Canal Basin 0.06 cfs/acre m. Imperial Drainage Outlet Basin 0.12 cfs/acre e- Island Walk Basin 0.055 cfs/acre n. (aka Harvey Basing d Lely Canal Basin 0.06 cfs/acre o. Q Lely Manor Canal Basin 0.06 cfs/acre g, Main Golden Gate Canal Basin 0.04 cfs/acre r. Palm River Canal Basin 0.13 cfs/acre s. Pine Ridge Canal Basin 0.13 cfs/acre f n 0-1-3-cfslasre g All other areas 0.15 cfs/acre t. The County may exempt projects from these allowable off-site discharge rates if any of the following applies: *** *** *** *** *** text break *** *** *** *** *** 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "_ • - _ '- . - • ...... - ._ '- -- '_l.. • - -- 2-. State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its DRAFT Words underlined are added;words struck-tftrough are deleted. 20 �qr Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 successor. The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: TRANSPORTATION ELEMENT (TE) *** *** *** *'* *** text break *** *** *** *** A. FUTURE SYSTEM NEEDS [Revised text, page 1] *** ***. *** *** *** text break *** *** *** *** *** 2. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41)to its connection with the Golden Gate canal system. *** *** *** *** *** text break *** *** *** *** *** The characteristics of the highway network at this location resembles an "hour-glass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge; while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck"effect when too much traffic volume is forced through a constricted area. *** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised text, page 12] The standards for levels of service (LOS) of County arterial and collector roads appear in Policy 4-5; " 1.5.A in the Capital improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 1.4: The standards for levels of service (LOS) of state and federal roads in the County appear in Policy 1.5; subsection "B" 1.5.B in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *' . *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text, page 16] Pursuant to Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South l US 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South US 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: DRAFT Words underlined are added;words sthask-three►are deleted. 21 c•, 1 _ a Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 .,. *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 18] Commercial developments within the South US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Residential developments within the South U,S: US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three al years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. Developments within the South US 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. *** *** *** *** **« text break *** *** *** *** *** Policy 5.6: [Revised text, page 18] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: *** *** *** *** *** text break *** *** *** *** *** In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department Section that at least two (2)Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three 01 years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies DRAFT Words underlined are added;words stfudk-tttwough are deleted. 22 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 may be made within the first three (31 years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5: [Revised text, page 20] The Collier County MPO's adopted Long Range Plan has identified a number of potential, critical need intersections, including an interchange in the vicinity of I-75/Everglades Boulevard; a US-11 US 41/SR-CR 951 grade separated overpass; and, a Randall Boulevard/Immokalee Road grade separated overpass. The County shall pursue such projects in a manner consistent with the findings of the AUIR and through the development of the FDOT 5-year Work Program, as appropriate. G:ICDES Planning Services lComprehensivelCOMP PLANNING GMP DATAComp Plan Amendments12013 GMPAs Outside of Cycle113-6 Single GMPA ExhbtA_4'f5 finaLdoor DRAFT Words underlined are added;words&truck are deleted. 23 -I NOTICE OF MEETING NOTICE OF MEETING Naples Daily NOTICE OF PUBLIC HEARING Naples, FL 34 NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Planning Commission will hold a public meeting on December 04, 2014 at 9:00 A.M. in the Board of County Affidavit of Put Commissioners Chamber, Third Floor, County Government Center, 3299 East Tamiami Trail, Naples, FL. The purpose of the hearing is to consider the following Naples Daily r ordinances: - AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHS RELATED TO CHANGES IN THE 2011 BCC/COMPREHENSIVE PLANNING DEV EAR-BASED AMENDMENTS AND TO REVISE FORMAT,STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE CAPITAL FINANCE DEPARTMENT IMPROVEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED #700 AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PRO- 3299 TAM IAM I TRL E VIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NAPLES FL 34112 [PL20130001109/CPSP-2013-6] AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 REFERENCE : 068778 EAR-BASED AMENDMENTS AND TO REVISE FORMAT,STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE TRANSPORTATION 59758426 NOTICE OF PUBLIC HE) ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP- State of Florida 2013-6] AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER Counties of Collier and Lee COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL Before the undersigned authority, persoi REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 appeared Dan McDermott , says that he servE EAR-BASED AMENDMENTS AND TO REVISE FORMAT,STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY,SPECIFICALLY AMENDING THE CONSERVATION AND Inside Sales Supervisor, of the Naples Da. AO VT El OE O TH ADO COPTED L MANAGEMENT AMENDMENTS ET O EMENT;THE R FLORIDA OMMEND DEPARTNG ENT TRANSMITM OF AL ECONOMIC E a daily newspaper published at Naples, in OPPORTUNITY;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.[PL20130001109/CPSP-2013-6] County, Florida: distributed in Collier AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER and Lee counties of Florida; that the att COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL copy of advertising was published in said REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH PY g P MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 news a er on dates l i S t ed. EAR-BASED AMENDMENTS AND TO REVISE FORMAT,STRUCTURE AND LANGUAGE P P FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE RECREATION AND Affiant further says that the said Na li OPEN SPACE ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED Y P AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; News is a newspaper published at Naples, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] Collier County, Florida, and that the Sal( AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER newspaper has heretofore been coast inuousl COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF - COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL da and has been entered as second class I REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH Y MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 . B AML ENDMENTO R ,SE matter at the post office in Naples, in Sc FE INTERNAASED CONSISTENCY,S AND S TP ECIFEVISE IC ALLY FORMAT AMEND ING THE TRUCTUR FUTURE AND LAND LANGUAGE USE Collier County, Florida, for a period of • ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; RECOMMENDING Y P •TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT next preceding the first publication of t FOR AN EFFFEICTIVOE DATEU[P PROVIDING FOR CPSP 2013-6]ABILITY; AND PROVIDING attached copy of advertisement; and affia:AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF further says that he has neither paid nor COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH promised any person, firm or corporation MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT,STRUCTURE AND LANGUAGE discount, rebate, commission or refund f o FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; purpose of securing this advertisement fo RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING publication in the said newspaper. [FORo,3oo0 0RABILII20; AND PROVIDING 'FOR AN EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed PUBLISHED ON: 11/14 Ordinances will be made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & . Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday,December 04,2014 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning AD SPACE: 222 LINE Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need to ensure FILED ON: 11/14/14 that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision - of certain assistance. Please contact the Collier County Facilities Management Signature of Affiant '; Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices 'n for the hearing impaired are available in the Board of County Commissioners #fore Office. Sworn to and Subscribed m- . is Mark P.Strain,Chairman fnf Collier County Planning Commission vat November 14 2014 Na.7039357 Personally known by me , • ( _ tf ---. • I0'.' 'n ':._ MY COMMISSION#EE 851758 4 t= it .,; EXPIRES:November 28,2014 -� o ,,,,, Bonded r Th u F chard Insurance Agency