Ordinance 2015-29 ORDINANCE NO. 15- 29
AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT TO INCREASE THE MAXIMUM ALLOWABLE
RESIDENTIAL DENSITY THAT MAY BE ACHIEVED IN THE
196.4 ACRE UNDEVELOPED PORTION OF THE SAN MARINO
RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM 2.5
UNITS PER ACRE UTILIZING TRANSFER OF DEVELOPMENT
RIGHTS ("TDRS") TO 3.02 UNITS PER ACRE UTILIZING TDRS,
AND TO ALLOW THE TRANSFER OF RESIDENTIAL DENSITY
TO THAT PORTION OF THE SAN MARINO RESIDENTIAL
PLANNED UNIT DEVELOPMENT FROM SENDING LANDS
LOCATED MORE THAN ONE (1) MILE FROM THE URBAN
BOUNDARY, AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE
SUBJECT 196.4-ACRE PROPERTY IS LOCATED EAST OF
COLLIER BOULEVARD, APPROXIMATELY 1-1/2 MILES NORTH
OF RATTLESNAKE-HAMMOCK ROAD IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20140000113/CP-2014-2]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985, 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, Petitioner, Stock Development, initiated this amendment to the Future Land
Use Element; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on December 19, 2014, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
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WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Element 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
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 April 2, 2015, and the Collier
County Board of County Commissioners held on May 12, 2015; and
WHEREAS, all applicable substantive ad 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 GROWTH MANAGEMENT
PLAN
The amendment to the Future Land Use Element 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ) .lay of YY'j a 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY: /
` ply Clerk TIM NANCE, Chairman
4 A ac to Chairman's
14signature only
Apprcved as to form and legality:
Heidi Ashton-Cicko 417\0
Managing Assistant County Attorney
Attachment: Exhibit A—Text
This ordinance filed with the
Sgc r
tory of S'ate's Office`t
day of ___, ___ ---
and acknowlei gC ment ff that
filing received this _1511&day
of Mti x'M is�n(�
Deputy Clerk
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PL20140000113 CP-2014-2
EXHIBIT "A"
FUTURE LAND USE ELEMENT
[Page 28]
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=_
Within the Urban Residential Fringe, rezone requests are not subject to the density rating
system, except as specifically provided below for the Affordable-workforce Housing Density
Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed
development in the Subdistrict shall be fully responsible for all necessary water management
improvements, including the routing of all on-site and appropriate off-site water through the
project's water management system, and a fair share cost of necessary improvements to the
CR 951 canal/out-fall system made necessary by new development in the Subdistrict.
a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary
and designated as Rural Fringe Mixed Use District Sending Lands, cxccpt in the case of
with the following exceptions:
i. pProperties that straddle the Urban Residential Fringe and the Rural Fringe Mixed
Use Sending Lands designations, and meet the other Density Blending criteria
provided for in subsection 5.2 of the Density Rating System, which may achieve an
additional maximum density of up to 1.3 units per gross acre for all lands designated
as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable
development rights) per acre from lands located within one mile of the Urban
Boundary and designated as Rural Fringe Mixed Use District Sending Lands; or,
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned
Unit Development located in Section 1, Township 51 South, Range 26 East, shall not
be subject to the one mile limitation set forth above and may utilize TDRs from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve up to
the maximum allowable density; or,
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential
Fringe lands within the 196.4 acre portion of the San Marino Planned Unit
Development described below, via the transfer of 1.52 dwelling units
(transferable development right) per acre. The Property shall not be subject to
the one mile limitation set forth above and may utilize TDRs derived from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve
up to the maximum allowable density. The Property is further described as
follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10, as amended, excepting the ±39 acres located in the
South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 50
South, Range 26 East, and in the Northwest 1/4 of the Southwest %4 of Section 11,
Township 50 South, Range 26 East.
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PL20140000113 CP-2014-2
b. In the case of properties specifically identified below, a density bonus of up to 6.0
additional units per gross acre may be requested for projects providing
affordable-workforce housing (home ownership only) for low and moderate
income residents of Collier County, pursuant to Section 2.06.00 of the Land
Development Code, or its successor ordinance, except as provided for below..-:
density rating system, except as specifically provided below for the Affordable
workforce Housing Density Bonus. All rezones are encouraged to be in the form
of a planned unit development. Proposed development in the Subdistrict shall be
Subdistrict.
Properties eligible for the Affordable-workforce Housing Density Bonus (home
ownership only) will be specifically identified herein. The actual number of bonus
units per gross acre shall be reviewed and approved in accordance with the
conditions and procedures set forth in Section 2.06.00 of the Land Development
Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units
required to be sold to buyers earning 80% or less of Collier County's median income,
as calculated annually by the Department of Housing and Urban Development
(HUD), shall be at least thirty percent (30%).
The following properties are eligible for an Affordable-workforce Housing Density
Bonus (home ownership only) of up to 6.0 additional dwelling units per acre.
i. Property located on the East side of Collier Boulevard (C.R. 951), approximately
6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R.
864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
and further described as follows:
THE NORTH 1/2 OF THE SOUTHWEST Y4 OF THE NORTHWEST % OF THE
SOUTHWEST %AND THE NORTHWEST % OF THE SOUTHEAST % OF THE
NORTHWEST % OF THE SOUTHWEST IA, LESS THE NORTH THIRTY FEET
FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST
100 FEET THEREOF, AND;
THE NORTHEAST % OF THE SOUTHEAST % OF THE NORTHWEST %4 OF
THE SOUTHWEST %, LESS THE NORTH 30 FEET THEREOF FOR ROAD
RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND;
THE SOUTH '/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST '
OF THE SOUTHWEST % AND THE SOUTH '/2 OF THE WEST '/2 OF THE
NORTHEAST % OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN
EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND;
AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET
OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST
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PL20140000113 CP-2014-2
1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH;
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS
THE NORTH 50 FEET OF THE SOUTH '/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, AND;
THE NORTH '/2 OF THE NORTH '/2 OF THE WEST '/2 OF THE NORTHEAST 1/4
OF THE SOUTHWEST %4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA, AND;
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST %4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
OF COLLIER COUNTY, FLORIDA, AND;
THE EAST '/2 OF THE NORTHEAST % OF THE NORTHWEST % OF
SOUTHWEST 1/4 LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA, AND;
THE NORTH '/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST % OF THE
SOUTHWEST 1/4, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST
'/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH
328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, CONTAINING 55 ACRES, MORE OR LESS.
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B. DENSITY RATING SYSTEM: [Page 49]
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2. Density Bonuses
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f. Transfer of Development Rights Bonus
To encourage preservation/conservation of natural resources, density transfers are
permitted as follows:
(a) From Urban designated areas into that portion of the Urban designated area
subject to this Density Rating System, in accordance with 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. For projects utilizing this TDR process,
density may be increased above and beyond the density otherwise allowed by
the Density Rating System.
(b) From Sending Lands in conjunction with qualified infill development.
(c) From Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe, at a maximum density increase of one unit
per gross acre, except for with the following exceptions:
i. pProperties that straddle the Urban Residential Fringe and the Rural Fringe
Mixed Use Sending Lands designations, and meet the other Density Blending
criteria provided for in subsection 5.2 of the Density Rating System, which
may transfer TDRs from Sending Lands located within one mile of the Urban
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PL20140000113 CP-2014-2
Boundary into lands designated Urban Residential Fringe, at a maximum
density increase of 1.3 units per gross acre.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential
Planned Unit Development located in Section 1, Township 51 South, Range
26 East shall not be subject to the one mile limitation set forth above and may
utilize TDRs from any lands designated Sending within the Rural Fringe
Mixed Use District to achieve up to the maximum allowable density increase.
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential
Fringe lands within the 196.4 acre portion of the San Marino Planned Unit
Development described below, via the transfer of 1.52 dwelling units
(transferable development right) per acre. The Property shall not be subject
to the one mile limitation set forth above and may utilize TDRs derived from
any lands designated Sending within the Rural Fringe Mixed Use District to
achieve up to the maximum allowable density. The Property is further
described as follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10, as amended, excepting the ±39 acres located in
the South 1/2 of the Southwest % of the Northwest '/4 of Section 11,
Township 50 South, Range 26 East, and in the Northwest '/4 of the
Southwest IA of Section 11, Township 50 South, Range 26 East.
In no case shall density be transferred into the Coastal High Hazard Area from outside
the Coastal High Hazard Area.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 15, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa L. Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-29, which was filed in this office on May 15, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us