Ordinance 2003-07ORDINANCE NO. 03- o?
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATEI~ ~
AMENDIN(~i::?, ~
AREA OF COLLIER COUNTY, FLORIDA BY: ~
THE FUTURE LANDT~ i~ "~ -~
THE FUTURE LAND USE ELEMENT; :~ ~
USE MAP; THE SANITARY SEWER SUB-ELEMENT, ANDL~,iiii ~ ~-'
THE POTABLE WATER SUB-ELEMENT, AND THE~'.:i
WATER AND SEWER DISTRICT BOUNDARY MAP OFfal ''~ ~'~
THE PUBLIC FACILITIES ELEMENT; PROVIDING FOR~u~ .~.
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE ~ ~ ·
DATE. THESE AMENDMENTS ARE TO SUPPORT~,m r~
FUTURE IMPLEMENTATION OF THE HERITAGE BAY
DEVELOPMENT OF REGIONAL IMPACT (DRI) BY
ESTABLISHING THE URBAN-RURAL FRINGE
TRANSITION ZONE OVERLAY.
WHEREAS, Collier County, pursuant to Section 163.3161, et seq., Florida
Statutes, the Florida Local Government Comprehensive Planning and Land
Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the
Collier County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 provides authority for local governments to amend
their respective comprehensive plans and outlines certain procedures to amend
adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida
Statutes; and
WHEREAS, Section 380.06(6)(b), Florida Statutes, provides that Plan
Amendments related to Developments of Regional Impact (DRIs) are not subject to
"statutory or local ordinance limits on the frequency of consideration of amendments to
the local comprehensive plan; and
WHEREAS, Collier County Resolution 97-431 provides for a public petition
process to amend the Plan; and
WHEREAS, the Petitioner, U.S. Home Corporation, has proposed to amend the
following elements of the Collier County Growth Management Plan:
Future Land Use Element, including the Future Land Use Map; Sanitary Sewer
Sub-Element and Potable Water Sub-Element of the Public Facilities Element as
well as the Water and Sewer District Boundary Map; and
WHEREAS, Collier County did transmit these Growth Management Plan
amendments to the Department of Community Affairs for preliminary review on
September 23, 2002; and
WHEREAS, the Department of Community Affairs did review and did make
written objections to the Growth Management Plan amendments and the Water and
Sewer District Boundary Map and transmitted the same in writing to Collier County
within the time provided by law; and
WHEREAS, the Department of Community Affairs did reconsider its written
objections and, upon the submittal of revised language by the Petitioner, did remOve
said objections; and
Words underlined are additions; Words ~'.... ~' ~u ..... U
............. ~,. are deletions I
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs
to adopt, adopt with changes or not adopt the proposed 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 Application for Development Approval (DRI
Application); the Application For A Request To Amend The Collier County Growth
Management Plan and Sufficiency Response #1 to the document entitled Collier County
Growth Management Plan Amendment Heritage Bay DRI; and the other documents,
testimony and information presented and made a part of the record at the meetings of
the Collier County Planning Commission held on February 6, 2003, and the Collier
County Board of County Commissioners held on February 11,2003; and ~
WHEREAS, the Board of County Commissioners of Collier County did take
action in the manner prescribed by law and did hold public hearings concerning the
adoption of the amendments to the Growth Management Plan referenced above on
February 11,2003; and
WHEREAS, all applicable substantive and procedural requirements of law have
been met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
ADOPTION OF AMENDMENTS TO THE FUTURE LAND
USE ELEMENT, INCLUDING THE FUTURE LAND USE
MAP; SANITARY SEWER SUB-ELEMENT OF THE PUBLIC
FACILITIES ELEMENT AND POTABLE WATER SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT AND
THE WATER AND SEWER DISTRICT BOUNDARY MAP
OF THE GRWOTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts these amendments to the
Future Land Use Element, including the Future Land Use Map; Sanitary Sewer Sub-
Element of the Public Facilities Element and Potable Water Sub-Element of the Public
Facilities Element and the Water and Sewer District Boundary Map, in accordance with
Section 163.3184, Florida Statutes. The text and maps comprising the amendment are
attached hereto as Exhibit "A" and are incorporated by reference herein.
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.
Words underlined are additions; Words "' .... v ,~, ..... ~,
.............. ~.. are deletions 2
SECTION THREE: EFFECTIVE DATE. ,
The effective date of these amendments shall be the date a final order is issued
by the Department of Community Affairs or Administration Commission finding the
amendments in compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits, or land uses
dependent on these amendments may be issued or commence before they have
become effective. If a final order of noncompliance is issued by the Administration
Commission, these amendments may nevertheless be made effective by adoption of a
Resolution affirming their effective status, a copy of which Resolution shall be sent to
the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Boulevard, 3rd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ///'/'~lay of.~/.,.~?, 2003.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to Form
and Legal Sufficiency
This ordinance filed with thc
Se.creto~¥ of State's Of~c~-~
ond ~ledgement of that
filinQ r~eived this ~ day
' ~ ~uw C ierk M
·
Ma~dent, '
Assistant County Attomey
Adoption Ordinance CP-2000-6
Words underlined are additions; Words -'--~-
............. ~h are deletions 3
FUTURE LAND USE ELEMENT
SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
Exhibit A
CP-2000-6
FUTURE LAND USE ELEMENT
Policy 1.5:
Overlays and Special Features shall include: A. Area of Critical State Concern Overlay
B. Areas of Environmental Concern Overlay
C. Airport Noise Overlay
D. Rural Lands Stewardship Area Overlay
E. Bayshore/Gateway Triangle Redevelopment Overlay
E. Urban-Rural Fringe Transition Zone Overlay
[added text: page 11]
VI. OVERLAYS AND SPECIAL FEATURES
E. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY
[new text, page 77]
Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres
which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of
Immokalee Road and County Road 951, are under common ownership and through
.comprehensive planning may resolve potential local land use conflicts and provide for thc
realization of unique regional environmental opportunities. Among the causes of potential
land use conflicts are the abrupt transitionless switch from urban densities (4+ units pe,
acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and tht;
continuation of earth mining in an increasingly urbanized residential area. Under existing
permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of
Environmental Protection, a total of +1,700 acres in these four Sections have been or may
be mined. -
Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the
north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way
and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW)
Trust. These wetland areas extend in a contiguous fashion south into Section 23 in thc
Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated
within this Section. -
Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in th~,
north, which are contiguous to wetlands proposed for the Cocohatchee West Flowway
[Words underlined are added. Words "'~.~- ~- ..... ~. deleted] 1
................. ~,. are
and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW)
Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the
Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated
within this Section.
To resolve potential land use conflicts and protect environmental resources, an Urban
Rural Fringe Transition Zone Overlay is created which encompasses all four sections, and
all development proposed within the Overlay area shall comply with the following
performance standards:
Approximately 533 acres of wetlands, which exist on the property, are currently in
a conservation easement. An additional 300 acres of wetlands will be placed in
conservation easement status. Together these 830 + acres of wetlands have the
potential to be connected to wetland sites off-site thereby providing an
environmental and wildlife corridor connection.
Native vegetation or other natural areas (inclusive of conservation areas) shall
cover a minimum of 40% of the gross land area (or its equivalent off-site)
exclusive of existing rock quarries.
o
Seventy percent (70%) of the gross land area shall be devoted to open space,
including but not limited to, lakes (including existing rock quarries), golf courses
and conservation areas.
To the greatest extent practical, the existing rock quarries shall be incorporated
into the regional water management system and utilized to accommodate the
passing through of off-site water flows and may be used for recreational purposes.
o
Development on the property shall connect to the County's regional water and
wastewater facilities, which exist at the southwest corner of the property at the
intersection of Immokalee Road and County Road 951, which regional service
area is expanded to include all of the property.
6. The maximum number of residential units on the entire Heritage Bay property
shall not exceed 3,450 (not including 200 ALF units). This number may be
allocated and developed among all of the Sections, in conformance with the
environmental preservation requirements referenced in Sub-paragraph 1, above,
and shall be clustered, in order to achieve conformance with the other
performance standards applicable to this Overlay.
Development of the property shall be designed to encourage internal vehicle tri1,
capture by providing commercial and recreational uses and shall provide for
pedestrian and bicyclist access to internal community recreation and convenience
retail centers. Internal project roadways shall be connected and shall provide
access to the Activity Center located in the southwest comer of the property.
[Words underlined are added. Words ............. o,_.~, th ..... ~,-u are deleted] 2
8. Commercial activities are limited to a total of 40 acres within the ACtivity Center'
located at the northeast quadrant of the intersection of Collier Boulevard and
Immokalee Road and three "Village Centers" totaling approximately 26 acres
within the residential part of the Heritage Bay development. The Activity Center
commercial uses will include a maximum of 150,000 square feet of retail uses and
50,000 square feet of office uses. The Village Center commercial uses will
include a maximum of 10,000 square feet of retail uses, 10,000 square feet of
restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square
feet of office uses.
For golf course(s) located in Sections 13, 14, and 24, for each five (5) gross acre:;
of land area utilized as part of the golf course(s) ("golf course" shall include thc~
clubhouse area, rough, fairways, greens, and lakes, but excludes any area
dedicated as a conservation area, which is non-irrigated and retained in a natural
state) one (1) transfer of development right (TDR) credit shall be acquired from
areas identified by the County as "Sending Lands". In the event that construction
of approved golf course(s) commences in Sections 13, 14 or 24 prior to thc
effective date of the County's applicable TDR program, the developer shall
provide, in a manner and form acceptable to the County, financial assurances to
guarantee sufficient funds to purchase the necessary number of TDR credits fo~
golf courses. The funds guaranteed by the developer or paid to the County for th,~-~
golf course TDR credits shall be equal to the required number of TDRs multiplied
by the estimated value of a TDR as established by the applicable County TDR
program. If such program is not in existence at the time of payment as set forth
below, then the amount shall be as set forth in the Final Report by Dr. James C.
Nicholas, dated November 23, 2001
If the construction of approved golf course(s) commences in Section 13, 14, or 24
prior to the effective date of the County's applicable TDR program, then
developer shall be required to acquire the appropriate TDR credits for golf
course(s) within 90 days following implementation of the County's TDR program.
In the event that an applicable TDR program has not been implemented by thc,
County and is not effective within forty-eight (48) months from the adoption datc
of this plan amendment, then funds guaranteed by the developer or held by thc
County for the transfer of development right credits for golf course(s) pursu:~nt to
this paragraph shall be released or refunded to the developer and the requirements,;
of this paragraph relating to the guaranteed funds for TDR credits shall be null
and void.
[Words underlined are added. Words ............. ...... v ,~. ..... e,,,~' are deleted] 3
SANITARY SEWER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
POLICY 1.5.1: [added text: page SS-7]
Discourage urban sprawl by permitting universal availability of central sanitary
sewer systems only: in the Designated Urban-Rural Fringe Transition Zone
Overlay and Urban Area of the Future Land Use Element of this Plan, and in
Towns, Villages, Hamlets, and Compact Rural Developments within the Rural
Lands Stewardship Area Overlay. These areas are further identified as: within the
Collier County Water and Sewer District Boundaries on Map PW- 1 of the Potable
Water Sub-element, except the outlying urban areas of Immokalee, Copeland,
Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands
Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural
Development is designated; and, in areas where the County has legal
commitments to provide facilities and service outside the Urban Area as of the
date of adoption of this Plan.
POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
POLICY 1.5.1:
[added text: page PW-7]
Discourage urban sprawl by permitting universal availability of central potable
water systems only: in the Designated Urban-Rural Fringe Transition Zone
Overlay and Urban Area of the Future Land Use Element of this Plan, and in
Towns, Villages, Hamlets, and Compact Rural Developments within the Rural
Lands Stewardship Area Overlay. These areas are further identified as: within the
Collier County Water and Sewer District Boundaries on Map PW- 1 of the Potable
Water Sub-element, except the outlying urban areas of Immokalee, Copeland,
Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands
Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural
Development is designated; and, in areas where the County has legal
commitments to provide facilities and service outside the Urban Area as of the
date of adoption of this Plan.
[Words underlined are added. Words ..... ~' ~' ..... ~' deleted] 4
............. ~,~ are
T48S
I I~ 9't' ,L j ~ Z'lr I I ~ 81~ ,.L
T 49 $
JS 6t .L
:Vlc-:c 't c o
EXHIBIT A
URBAN - RURAL FRINGE TRANSITION
ZONE OVERLAY
LEE COUNTY
10 11
URBAN-RURAL
FRINGE TRANSITIOH
ZONE OVERLAY
12
15
i 22
19
NAPLES - IMMOK,N..EE ROAD (C.R. 846)
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE: 1/2003 FILE: FLUE-2003-1-A2.OWG
SCALE
0 i~OO Fl'. 3000 FT.
LEGEND
URBAN-RURAL
FRINGE TRANSITION
ZONE OVERLAY
EXhibit "A"
CITY OF NAPLES
WATER SERVICE AREA
OF
NAPI
GULF OF MEXICO
COLLIER
PREPARED BY: GR/d3HICS ANO TECHNICAL SUPPORT SEC~ON
COMMUNITY DE~T ~O [N~R~M~TAL ~CES 01~
~R~: C~l~ C~N~ U~U~ES Ol~, 1995
DA~: g/g5 R~: PW-I.D~ RE~S~: 1/03
MAP PW-1
COUNTY'S TWO (2) WATER AND/OR
DISTRICTS - BOUNDARIES
Collier County, Florida
-- ~--~-~ i '.r..,-~I-
I
I
I I
I I
t----J
CO.
SEWER
PINt RIOG~ RD
COUNTY
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
t--I
I
INTERSTA~ - 75
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
%
%
%
%
%
%
%
·
·
·
I
I
GOODLAND I
WATER I
DISTRICT I
i
I
STATE OF FLORIDA) ~ --
COUNTY OF COLLIER) ~
I, DWIGHT E. BROCK, Clerk of Courts in and for the~m no
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2003-07
Which was adopted by the Board of County Commissioners on
the llth day of February, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
Of February, 2003.
By: Terl M i~c~'~.i! s; .~' ' ~v~?~
Deputy CIo~ 7¢~....-~