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Agenda 12/09/2014 Item # 9B 12/9/2014 9.B. EXECUTIVE SUMMARY Recommendation to deny the single petition within the 2014 Cycle 1 of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for Review and Comments response, for an amendment specific to the San Marino project,Transmittal Hearing. OBJECTIVE: For the Board to deny the one petition in the 2014 Cycle 1 of amendments to the Collier County Growth Management Plan (GMP) for transmittal to the Florida Department of Economic Opportunity (San Marino project). CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Resolution 12-234 provides for a public petition process to amend the Collier County GMP. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2014 Cycle 1 petition on November 6, 2014 (one petition only, PL20140000113/CP-2014-2). • This Transmittal hearing for the 2014 Cycle 1 considers an amendment to the Future Land Use Element. Note: Because the support materials (petition only) are voluminous, and some exhibits are oversized, the Agenda Central system contains as noted, "confidential" the related document pertaining to this GMP amendment. A link has been provided to the `1' drive on page 4 of this document in order to view the document. The entire Executive Summary package, including all support materials, is available for review in the Comprehensive Planning Section of the Zoning Department office, located at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Or, the entire Executive Summary package may be viewed on the Comprehensive Planning Section GMP Amendments web page, via http://www.collieraov.net/index.aspx?pace=2460. Petition PL20140000113/CP-2014-2 seeks to amend the Future Land Use Element (FLUE) text of the GMP to introduce two site-specific exceptions from existing limitations in the Transfer of Development Rights (TDR) program, affecting the transfer of TDR credits among properties in the Rural Fringe Mixed Use District (RFMUD) and the Urban Residential Fringe (URF) Subdistrict. Adoption of these amendments will grant new rights exclusive to [the undeveloped portion of] the San Marino Planned Unit Development (PUD) property - to utilize 52% more TDRs than other development in the URF, and allow those TDRs from distant RFMUD Sending Lands. Presently, properties located within the URF may only receive TDR density transfers from the RFMUD Sending Lands located within one (1) mile of the URF boundary. Stated differently, TDR credits may be transferred from any RFMUD Sending Lands to any RFMUD Receiving Packet Page -329- 12/9/2014 9.B. Lands and Urban area receiving lands except that TDR credits from Sending Lands beyond one (1) mile of the URF boundary cannot be transferred into the URF. Part of this proposed amendment will allow the transfer of TDR credits originating more distant than one (1) mile from the URF boundary for use in [the undeveloped portion of] the San Marino PUD, which is located in the URF. Also, at present, properties located within the URF may receive the above-described TDR transfers at up to 1.0 dwelling unit per acre (DU/A) via the transfer of one TDR per acre - in addition to the base density of 1.5 DU/A. Stated differently, the maximum residential URF density may be increased from 1.5 DU/A to 2.5 DU/A utilizing TDRs through the Density Rating System. Part of this proposed amendment will increase the allowed transfer of TDR credits into the URF from 1.0 DU/A to 1.52 DU/A via TDRs for use in [the undeveloped portion of] the San Marino PUD— increasing total density from the present maximum allowed 2.5 DU/A to 3.02 DU/A via use of TDRs — a 0.52 DU/A increase or an increase of 102 DUs). [Note: The application identifies the request is to allow 4.0 DU/A for an increase of 1.5 DU/A or 295 DUs. At the Planning Commission hearing, the petitioner reduced the request to 3.02 DU/A for an increase of 0.52 DU/A or 102 DUs. This irregular density figure (0.52 DU/A) is so as to allow development of the site with a total of 300 DUs; the density calculation is described further below.] The site of this GMP amendment request comprises only a portion of the San Marino PUD (196.4 acres of the total 235 acres); the PUD is already approved for the maximum base density of 1.5 DU/A, for a total of 352 DUs; approximately 39 acres of the PUD are developed with an apartment complex consisting of 350 DUs — most of that density being derived from the subject 196.4-acre portion of the total 235 acres in the PUD; and, the subject site will utilize the two (2) remaining DUs approved in the PUD but un-built. All of this may lead to some confusion in attempting to understand the density calculations resulting from this amendment request; the below table may help. Subject site = 196.4 acres Base density (presently allowed) 1.5 DU/A 295 DUs TDR density (presently allowed) 1.0 DU/A 196 DUs TDR density increase—this petition 0.52 DU/A 102 DUs SUM 3.02 DU/A 593 DUs From the above table: Of the 593 DUs total proposed, subtract 295 DUs that have already been approved in the San Marino PUD and already built on the 39-acre portion of the PUD to yield 298 DUs (196 + 102); then, add the 2 DUs approved in the PUD but un-built to yield 300 DUs to be developed on this 196.4-acre site. Again from the above table: All 298 DUs (196 + 102) will be derived from TDR credits; this amendment would allow the increase of 102 DUs, and would allow all 298 TDR credits to be derived from any RFMUD Sending Lands (within or beyond I mile from the URF boundary). There are three existing exceptions to the 2.5 DU/A cap in the URF; two of these projects include provision of affordable/workforce housing, a priority at the time (First Assembly Ministries PUD Packet Page-330- 12/9/2014 9.B. —approved in 2008, no DUs built, and Rockedge PUD—approved in 2006, no DUs built [a pre- application meeting was held in November 2014 at which the applicant indicated plans to pursue development at a maximum of 2.5 DU/A with no provision of affordable-workforce housing]), and the third is Hacienda Lakes — approved in 2011. Two developments in (or partially in) the URF are approved for density of 2.5 DU/A with use of TDRs — Lord's Way 30 Acre PUD and Naples Reserve PUD, and another is pending — Lido Isles PUD. All other developments in the URF are approved at no greater than 1.5 DU/A (Forest Glen of Naples PUD, Willow Run PUD, Winding Cypress PUD, and the existing San Marino PUD. Staff's evaluation and analysis of this petition included/considered: history of the Rural Fringe GMP amendments; the stated intent that the URF provide a transitional density; that the 2011 Evaluation and Appraisal Report did not identify a need for changes to the URF regarding transitional density or restriction on TDR derivation; the applicant's justifications; the supply and demand of TDR credits and how they are proposed to be transferred into the San Marino property; environmental impacts; and, traffic capacity/traffic circulation impact analysis and other public facilities impacts. This review resulted in the following findings and conclusions: • Correlating amendments to the San Marino PUD are needed and may be submitted subsequent to, or concurrent with,the Adoption phase of this GMP amendment petition. • Public Utilities' staff does not have preliminary issues with respect to the proposed amendment. • The part of the GMP amendment allowing the transfer of TDR-derived residential density from more than one (1) mile from the Urban Boundary to the undeveloped portion of the San Marino PUD would satisfy a portion of the potential unmet need in the Urban Residential Fringe for TDR credits. • The proposed GMP amendment will have no affect on the requirements of the Conservation and Coastal Management Element (CCME) and will support the intent of the TDR program by directing development away from environmentally sensitive RFMUD Sending Lands. • The majority of the site is forested with native vegetation, twenty five percent of which is required to be retained in accordance with the CCME. Native vegetation preservation may not change from this amendment, while Goals of the RFMUD may be met without any need for change. • This amendment will result in increased demand for TDRs in one area [Sending Lands beyond 1 mile from URF] but decreased demand for them in another [Sending Lands within 1 mile of URF] 1 while no net benefits are gained for the TDR program. • Impact upon the TDR program could be noteworthy in that a number of TDR credits originally intended for use in areas of RFMUD designated Receiving Lands will be redirected to the Urban Residential Fringe—a reallocation of TDR credits. • The number of TDRs available from "qualified" Sending Lands is sufficient at this time. • This GMP amendment increases the potential devaluation of TDR credits generated from Sending Lands within one mile of the URF. • The Urban Residential Fringe is intended for, and developed with, lower "transitional" residential densities; a more compatible and consistent development pattern would be maintained without approval of the proposed higher density. Packet Page-331- 12/9/2014 9.B. • Continued approval of exceptions to the URF density cap lessens the intended transition and encourages further requests for such exceptions — and suggests that the density cap may no longer be appropriate for the Subdistrict as a whole. Staff found the data and analysis for the subject GMP amendment does not support the proposed changes to the FLUE. Additional staff analysis of this petition is included in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of this amendment, as this is for the Transmittal of this proposed amendment. Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of the Board is needed for adoption of the Resolution. [HFAC] GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for Adoption hearings to be held early to late Spring in 2015. ENVIRONMENTAL ISSUES: The majority of the petition site is forested with native vegetation, twenty five percent of which is required to be retained in accordance with the requirements of the CCME. Approximately 71 percent of the site (139.50 acres) contains State and Federal jurisdictional wetlands. No listed wildlife species were observed during the survey conducted in February, 2014. However, two listed plant species were identified on the property; they are subject to the Land Development Code requirements for possible relocation. As part of the process of obtaining subsequent development orders (e.g. site development plan), the site will be subject to all applicable local, state and federal environmental protection regulations, including applicable portions of the CCME, and the Land Development Code. HISTORICAL/ARCHAEOLOGICAL IMPACT: No archaeological sites or cultural resources are recorded for or likely to be present within the San Marino site, and it is unlikely that any such sites or resources will be affected. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward Petition CP-2014-2, as proposed, to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity. Staff did, however, recommend approval of a different version of FLUE text: allowing for the transfer of TDR credits from Sending Lands property more than one (1) mile from the Urban boundary; removing the density increase; and, incorporating non-substantive changes for proper code language, format, clarity, brevity, etc. Packet Page-332- 12/9/2014 9.B. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC forwarded petition PL20140000113/CP-2014-2, as modified by the petitioner to reduce the density increase request to 0.52 DU/A (3.02 DU/A total), to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 7/0), subject to the staff-recommended non-substantive changes. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC — not to transmit petition PL20140000113/CP-2014-2, as submitted or as revised at the CCPC meeting,to the Florida Department of Economic Opportunity. Staff does, however, recommend approval of a different version of FLUE text: allowing for the transfer of TDR credits from Sending Lands property more than one (1) mile from the Urban boundary; removing the density increase; and, incorporating non-substantive changes for proper code language, format, clarity, brevity, etc. Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Zoning Department, Growth Management Division Attachments: 1) PL201400001 1 3/CP-2014-2 CCPC Staff Report; 2)PL20140000113/CP-2014-2 Resolution with Exhibit"A"text; 3)NIM Mtg. Affidavit of Compliance 4) CP-2014-2 Application Backup Information (petition only); due to the size of the entire document,the complete back-up is accessible at: http://www.colliergov.net/ftp/AQendaDec0914/GrowthMgmt/PL20140000113 CP-2014- 2 SanMarino Petition.pdf Packet Page-333- 12/9/2014 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.B. Item Summary: Recommendation to deny the single petition within the 2014 Cycle 1 of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and Comments response,for an amendment specific to the San Marino project,Transmittal Hearing. Meeting Date: 12/9/2014 Prepared By Name: KendallMarcia Title: Planner, Senior, Comprehensive Planning 11/12/2014 1:02:57 PM Approved By Name: WeeksDavid Title: Manager-Planning, Comprehensive Planning Date: 11/14/2014 11:31:02 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 11/17/2014 4:16:44 PM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 11/18/2014 10:12:58 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 11/21/2014 11:38:16 AM Name: CasalanguidaNick Title: Administrator-Growth Management Div, Business Management&Budget Office Date: 11/24/2014 11:32:36 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Sys, Office of Management&Budget Packet Page-334- 12/9/2014 9.B. Date: 11/24/2014 2:31:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/24/2014 2:42:09 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 11/25/2014 11:13:13 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/30/2014 1 1:08:02 PM Packet Page -335- Agend.12/9/2014 9.B. r r. ,,, IP* .._, 0' STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 6, 2014 SUBJECT: PETITION CP-2014-2/ PL-2014-0000113, Growth Management Plan Amendment (TRANSMITTAL HEARING) APPLICANTS/OWNERS/AGENTS: Stock Development H & LD Venture, LLC c/o Keith Gelder c/o Joe Boff 2647 Professional Circle, Suite 1201 11145 Tamiami Trail East Naples, Florida 34110 Naples, Florida 34113 HCN Foundation Habitat for Humanity of Collier Co., Inc. Landstrasse 11 11145 Tamiami Trail East Triesen, Liechtenstein Naples, Florida 34113 Alexis V. Crespo,AICP Richard D. Yovanovich, Esq. Waldrop Engineering, P.A. Coleman, Yovanovich & Koester, P.A. 28100 Bonita Grande Drive, Suite 305 4001 Tamiami Trail North, Suite 300 Bonita Springs, Florida 34135 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject site is within the San Marino Planned Unit Development (PUD) and comprises approximately 196 acres of the 235-acre PUD. It is located on the east side of Collier Boulevard (CR 951), approximately 1.5 miles south of Davis Boulevard (CR 84), 1.5 miles north of Rattlesnake Hammock Road (CR 864), north and east of the developed portion of the San Marino PUD, north and west of the proposed Willow Run PUD (now Willow Run Sand & Gravel) and, south of Forest Glen Golf & Country Club PUD, in Section 11, Township 50 South, Range 26 East (Royal Fakapaim Planning Community). REQUESTED ACTIONS: This petition seeks to amend the Future Land Use Element (FLUE) text of the Growth Management Plan to introduce two site-specific exceptions from existing limitations in the Transfer of Development Rights (TDR) program, affecting the transfer of TDR credits among properties in the Rural Fringe Mixed Use District (RFMUD) and the Urban Residential Fringe (URF) Subdistrict. The first amends the URF Subdistrict provisions themselves, while the second amends the way density transfers are permitted by Density Bonuses' provisions of the FLUE Density Sating System. - 1 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -336- 12/9/2014 9.B. Agenda Properties located within the URF may only receive TDR density transfers from the RFMUD Sending Lands located within one (1) mile of the URF boundary. Stated differently, TDR credits may be transferred from any RFMUD Sending Lands to any RFMUD Receiving Lands and Urban area receiving lands except that TDR credits from Sending Lands beyond 1 mile of the URF boundary cannot be transferred into the URF. Part of this proposed amendment will allow the transfer of TDR credits originating more distant than one (1) mile from the URF boundary for use in [the undeveloped portion of] the San Marino PUD, which is located in the URF. Presently, properties located within the URF may receive the above-described TDR transfers at up to 1.0 dwelling unit per acre (DU/A) via the transfer of one TDR per acre. Stated differently, the maximum residential URF density may be increased from 1.5 DU/A to 2.5 DU/A utilizing TDRs through the Density Rating System. Part of this proposed amendment will allow the transfer of TDR credits at up to 2.5 DU/A for use in [the undeveloped portion of] the San Marino PUD (increasing density from 1.5 DU/A to 4 DU/A). Adoption of these amendments will grant new rights exclusive to the San Marino property to utilize two and one-half times more TDRs from distant RFMUD Sending Lands than other development in the URF. (CP-2014-2 Resolution Exhibit A reflects the petition's proposed text changes;staff text alternatives are located under Staff Recommendation at end of this Report) SURROUNDING LAND USE,ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The 196.4-acre subject site is zoned San Marino PUD; that total (235 acres) PUD is approved for 352 multi-family units, golf course, and 103 acres of preserves. Of the 352 approved DUs, 350 DUs are built on 39 acres. The undeveloped 196.4-acre subject site is designated in the PUD as golf course and preserve. The PUD's gross density is 1.5 DU/A (352 DUs/235 acres) and net density is 8.98 DU/A(350 built DUs/39 acres). The subject site is designated Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict (URF) on the Future Land Use Map. This site does not abut the RFMUD to the east. The transitional Urban Residential Fringe Subdistrict (URF) allows a maximum gross density of 1.5 DU/A, or 2.5 DU/A through use of TDR Credits (1.5 DU/A base density + 1.0 DU/A TDR Credits = 2.5 DU/A maximum). The maximum gross density (1.5 DU/A) approved in San Marino PUD has been used except for 2 DUs (350/352 DUs built). San Marino PUD site (235 acres)- Eligible Density Existing Conditions No. of Acres Density Total No. of DUs 235 Base 1.5 DU/A 353 235 TDRs 1.0 DU/A 235 Total Eligible 2.5 DU/A 588 (approved for 352 DUs) Proposed No. of Acres Density Total No. of DUs 235 Base 1.5 DU/A 353 39 (developed apartment site) TDRs 1.0 DU/A 1 39 196.4(undeveloped subject site) TDRs 2.5 DU/A 491 Total Eligible 39 acs. @ 2.5 DU/A1\ 883* 196.4 acs. @ 4.0 DU/A * Likely maximum of 844 DUs, as the 39-acre site is built-out with a 350-unit apartment complex. - 2 - CP-2014-2/ PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -337- Agenda 12/9/2014 9.B. Surrounding Lands: North: A large portion of bounding lands to the north of the subject site is zoned PUD (Forest Glen of Naples PUD, approved for a variety of commercial uses (100,000 sq. ft. on 10 acres), residential uses (799 residential units), golf course (70 acres), essential services (including fire station site), and 385 acres of preserve and open space. Of the 799 approved DUs, 769 DUs have been built; the golf course and fire station are also built. The PUD's gross density is 1.28 DU/A (799 DUs/625 noncommercial acres) and the net density is 4.52 DU/A(769 built DUs/170 acres. The portion generally west of an FPL ROW is zoned A, Rural Agricultural, which allows agricultural uses, single-family residential at a maximum density of 1 DU per 5 acres [0.2 units per acre], and a variety of institutional and recreational uses subject to the conditional use process; these A-zoned lands are undeveloped. All of these lands are designated Urban Mixed Use District, Urban Residential Fringe Subdistrict (URF) on the Future Land Use Map. West: Land to the west of the subject site [across CR 951] is zoned PUD (Naples National Golf Club), approved for residential uses (24 DUs/guest suites), a golf course and 184 acres of preserve/conservation. Of the 24 approved units, 12 have been built, as well as the golf course. The PUD's gross density is 0.075 DU/A(24 DUs/320 acres). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. South: A portion of bounding lands to the south of the subject site is zoned San Marino PUD and developed with Aventine at Naples apartments (350 units built out of 352 total approved in the PUD). The portion generally east of an FPL ROW is zoned A, Rural Agricultural, with a Conditional Use for an earth materials extraction operation, and developed as the Willow Run Quarry. The Willow Run property is pending PUD approval for 590 dwelling units (1.06 units per acre), associated recreational uses, and preserves. These lands are designated Urban Mixed Use District, Urban Residential Fringe Subdistrict (URF) on the Future Land Use Map. East: Land to the east of the subject site is also zoned A, Rural Agricultural, with a Conditional Use for an earth materials extraction operation, and developed as the Willow Run Quarry. The Willow Run property is pending PUD approval for 590 dwelling units (1.06 units per acre), associated recreational uses, and preserves; it is partly located in the URF and partly in RFMUD Sending Lands. These Sending Lands do not abut the subject site to the west. The Future Land Use designation is also Urban Mixed Use District, Urban Residential Fringe Subdistrict (URF). In summary, the existing land uses in the area immediately surrounding or directly opposite the subject PUD are predominately rural non-residential in nature to the east, and residential to the west, north and [pending] south. STAFF ANALYSIS: Background and Considerations - History of the Rural Fringe GMP Amendments: The Governor and Cabinet issued a Final Order on June 22, 1999, pertaining to GMP amendments adopted in 1997 pursuant to the 1996 Evaluation and Appraisal Report (EAR). The Final Order required the County to conduct a Rural and Agricultural Assessment for the Rural and Conservation Designated lands within the County, and then adopt measures to protect natural resources such as wetlands, wildlife and their habitats, and prevent the premature conversion of unique agricultural lands to other uses. This was to be accomplished while directing incompatible land uses away from these sensitive lands by employing creative land planning techniques. - 3 - CP-2014-2/ PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -338- Agenda 12/9/2014 9.B. The Final Order allowed the County to conduct this Assessment in phases. Accordingly, the County divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Rural Lands Area. Relevant to this petition, the Rural Fringe Mixed Use District (RFMUD) was established. The RFMUD represents a transitional area between Golden Gate Estates and the County's urban area, and between the urban area and vast agricultural lands and agricultural operations farther to the east. The RFMUD consists of approximately 73,222 acres and is divided into three distinct designations: Sending Lands (±41,535 acres originally; ± 41,414 acres now), Receiving Lands (± 22,020 acres originally; ± 22,373 acres now), and Neutral Lands (+ 9,667 acres originally; ± 9,427 acres now). Allowable uses, density, and preservation standards vary by designation. 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. The preservation standard for non-NRPA Sending Lands is eighty percent (80%) of the native vegetation on site while the standard for NRPA Sending Lands is ninety percent (90%). Density is limited to 1 dwelling unit per 40 acres or 1 dwelling unit per legal non-conforming lot/parcel of record (created on or before June 22, 1999). Transfer of development rights from Sending Lands may occur at a rate of 1 dwelling unit per five acres (0.2 du/ac.) [later increased to account for each of three types of TDR bonus credits thereby allowing a maximum transfer of 0.8 TDR credits per 5 acres] or 1 dwelling unit per legal non-conforming lot / parcel of record. Permitted non-residential uses are limited to: agricultural uses, consistent with the Florida Right to Farm Act; habitat preservation and conservation uses; passive parks and other passive recreational uses; sporting and recreational camps; limited essential services; and oil extraction and related processing. Receiving Lands are those lands identified as being the most appropriate for development and to which residential units may be received from areas designated as Sending Lands. The preservation standard for Receiving Lands, except for the North Belle Meade Overlay, is forty percent (40%) of the native vegetation present, not to exceed twenty-five percent (25%) of the total site area to be preserved. The base residential density (non-Rural Village development) is 1 dwelling unit per 5 acres (0.2 du/ac.) or 1 dwelling unit per legal non-conforming lot/parcel of record. The maximum density achievable for non-Rural Village development is 1 dwelling unit per acre, through the Transfer of Development Rights (TDRs). The minimum and maximum density for Rural Village development within Receiving Lands is 2 and 3 dwelling units per acre, respectively, except that the minimum density for Rural Village development on Receiving Lands within the North Belle Meade Overlay is 1.5 dwelling units per acre. Permitted non-residential uses are primarily the same as those uses permitted in the agricultural zoning district prior to the Final Order (e.g. full range of agricultural uses, community facilities, recreational uses, etc.). Neutral Lands are those lands suitable for semi-rural residential development. Generally, Neutral lands have a higher ratio of native vegetation than lands designated as Receiving Lands, but do not have values approaching those in the Sending Lands. The preservation standard for Neutral Lands is sixty percent (60%) of the native vegetation present, not to exceed forty-five percent (45%) of the total site area to be preserved. The maximum residential density is limited to 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-conforming lot/parcel of record. These lands are "neutral" to the TDR program and do not generate or receive residential density. Permitted non-residential uses are primarily the same as the uses permitted in the agricultural zoning district prior to the Final Order(e.g. full range of agricultural uses, community facilities, recreational uses, etc.). The consultant who assisted in development of the RFMUD TDR program found a correlation between the proximity of properties lying east of CR 951 and their land values. The higher transitional/residential densities allowed in the Urban Residential Fringe affected these nearer lands with higher property values while more-distant Sending Lands -- which are less dense, -4 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowinu TDR transfers into San Marino RPUD Packet Page -339- Agenda 12/9/2014 9.B. further removed from urban services, less acceptable, and so forth - revealed notably lower values. This geographical relationship was recognized and specific limitations established to bolster TDR values for the more proximate lands, and provided special arrangements for the transfer, redemption and use of TDRs. The consultant also directly addressed the TDR program, and predicted the haste which requests to change the program to benefit only a few, or single, landowners would appear. The County was cautioned to keep the TDR program intact [for a substantial period of time]. Changes weaken the program, diminish TDR values and discourage the viability of long-term continuing participation. Applicant's Justifications: (Refer to application "Exhibit P", Amendment Justification Narrative) The justifications asserted in the application for the proposed amendments [with staff assessments]are: 1) The proposed amendment furthers the RFMUD goal to preserve Sending Lands by providing additional opportunities for TDRs to be utilized by Receiving Lands; [Staff Assessment: Not acknowledged » Creating additional demand for TDRs may only accelerate the timing of TOR severances, thus the timing of Sending Lands' protection - but the goal to protect Sending Lands may be met without any need for change. With respect to utilization of TDRs by Receiving Lands, this GMPA will not result in TDRs being used in RFMUD Receiving Lands but does create opportunity for more TDRs to be used in URF receiving lands.] 2) Will further the objectives of the TDR program by increasing demand for TDRs; [Staff Assessment:Acknowledged; However, no net benefits are gained for the TDR program - this amendment will result in increased demand for TDRs in one area (Sending Lands beyond I mile from URF)], while simultaneously resulting in decreased demand for them in another (Sending Lands within 1 mile of URF); creating additional demand for TDRs may accelerate the redemption of TDR credits from Sending Lands beyond 1 mile from the URF while decelerating the redemption of TOR credits from Sending Lands within 1 mile of the URF.] 3) Will allow for a compact and contiguous development pattern along a major arterial thoroughfare with available public services and infrastructure; [Staff Assessment: Acknowledged; However, the Urban Residential Fringe is intended for and developed with lower, "transitional" residential densities; A more compatible and consistent development pattern would be maintained without approval of the higher, proposed density.] 4) Will be compatible with adjacent developments, both existing and proposed; and, [Staff Assessment: Cannot Be Ascertained » Compatibility issues are more specifically addressed in the consideration of rezone requests; However, potential compatibility issues accompany the higher residential density in an area intended for lower, transitional density] 5) Will recognize that sufficient "qualified" Sending Lands are not available to support the development potential in the URF. [Staff Assessment: Acknowledged » Potential development in the URF would ultimately demand approximately twice the number of TDRs available from `qualified" - 5 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -340- 12/9/2014 9.B. Agenda Sending Lands; However, the number of TDRs available from "qualified" Sending Lands is sufficient at this time.] Generally, only some of these justifications support the petition, while others are arguably too generalized, characterize attributes that would be applicable to other properties, or cannot be ascertained. TDR Credits -Supply/Demand and How Proposed to Transfer into San Marino: Of all Sending Lands, only those located within one mile of the Urban designated area qualify to transfer TDR credits into the transitional Urban Residential Fringe Subdistrict(URF). 1,804 estimated total TDR credits in [qualified]Sending Lands within one mile of the Urban Area - 721 number of TDR credits from [qualified]Sending Lands within one mile of Urban Area already committed to URF use = 1,083 number of potential TDR credits in[qualified]Sending Lands within one mile of Urban Area remaining for URF use Urban Residential Fringe Subdistrict (URF) lands can make use of the TDR credits available from [qualified]Sending Lands, as follows: 2,177 potential demand for TDR credits in URF - 1,083 estimated potential, available TDR credits in Sending Lands within 1 mile of URF = 1,034 approximate unmet need of TDR credits for URF use The figures above are provided as part of the applicant's petition, and are derived from Collier County resources [inc. TDR Program Activity Mapping and Severance Reports], with calculations of acreage and provisions of the Rural Fringe Mixed Use District and the Urban Residential Fringe Subdistrict. Comparable figures were utilized previously in the Hacienda Lakes of Naples and Naples Reserve applications. Potentially, residential development in the URF needing approximately 1,034 TDR credits may be underdeveloped due to the existing prohibition on transferring TDR credits from Sending Lands beyond one mile of the URF boundary; that is, the potential demand for 1,034 TDR credits created by URF lands may go unmet as there is a potential shortage of 1,034 TDR credits generated from Sending Lands within 1 mile of the URF boundary. The subject GMP amendment would satisfy a portion of that potential unmet need for TDRs. If approved as submitted, all Sending Lands would become eligible to transfer TDRs to the San Marino PUD, not just those within one mile of the URF boundary. This would have two effects: artificially amplifying demand for[unqualified] TDRs generated from Sending Lands greater than 1 mile from the URF, while simultaneously suppressing demand for [qualified] TDRs generated from Sending Lands within 1 mile from the URF. Also, this part of the amendment further increases the (potential) devaluation of TDRs generated from Sending Lands within one mile of the URF by increasing the supply of eligible TDRs - introduced with previously-approved transfers of unqualified TDRs into the URF [Hacienda Lakes, and Naples Reserve]. These two development locations are distinctly different from one another, and both are uniquely different from the San Marino site. They are properties lying in more than one Future Land Use designation. The San Marino site does not straddle two different Land Use Designations and lies entirely within the Urban Residential Fringe (URF) Subdistrict. This project does not abut the RFMUD to the east. There are three provisions in the FLUE for achieving additional density in the URF beyond the base 1.5 DU/A, and only one applicable to - 6 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -341- Agenda .12/9/2014 9.B. San Marino- 1 DU/A through use of TDRs for a maximum of 2.5 DU/A. The second provision is a unique instance of this cap being "lifted" above 2.5 DU/A for the Hacienda Lakes of Naples PUD. This 2,262-acre project site covers three Future Land Use designations (URF Subdistrict, qualified Sending Lands and unqualified Sending Lands - under unified control =- and achieves a 2.8 DU/A maximum density with TDR transfers from both qualified Sending Lands and unqualified Sending Lands within the project. That unique "lift" was determined to have no measurable impact on the URF's "transitional" nature, nor would it affect its surrounding lands. The third provision is specific to the Rockedge PUD for provision of affordable housing. No other development is approved to exceed the maximum 2.5 DU/A density. With the 196.4-acre portion of San Marino PUD, the maximum allowable density would be increased by 2.5 DU/A through use of TDRs to 4.0 DU/A. The existing San Marino PUD was approved in 2000 for 352 dwelling units - based on the entire (parent) 235.3 acres - yielding 1.5 DU/ac. As described in the PUD document, 350 units of this residential development were clustered on 39 acres - and now known as "Aventine at Naples", or San Marino Apartments. This part of the San Marino PUD is where its 1.5 DU/A are clustered. All but two units of this approved density have been developed, and only these units derived from base density are still to be utilized from the parent acreage. With the transfer of TDRs to the entire San Marino property, it would have been possible to achieve up to another 235 buildable dwelling units - for a total of 588 DUs. But the developed 39 acre portion of San Marino has changed hands and this number of units cannot be achieved. The remaining 196.4 acres of the property have already generated 1.5 DU/A as part of the entire PUD; therefore, utilizing the existing FLUE provision to increase density by 1 DUTA using TDRs, the subject 196.4 acres can be developed with 196 DUs. The requested density retains this connection to each acre of the 196.4 acres to be developed at up to 4.0 units per acre (1.5 DU/A approved and developed as part of entire PUD x 196.4 acres = 295 DUs; requested 2.5 DU/A to be derived by TDR credits x 196.4 acres = 491 DUs). All future development (491 DUs)will be derived from TDRs severed elsewhere and transferred here. The present request for an additional 491 dwelling units is based exclusively on the undeveloped 196.4-acre portion of the property. The request to receive TDRs is already allowed by the FLUE, but at a rate of 1 DU/A, not 2.5 DU/A. Direct relationships, or nexus, can be established for considering the additional density stipulated upon where this density is originated -from qualified Sending Lands or unqualified Sending Lands. The direct relationship exists between the already allowed 1 DU/A and qualified Sending Lands; the other relationship is between the additional 1.5 DU/A and unqualified Sending Lands. Provided below are summaries of residential (or mixed use) developments along the Collier Blvd. corridor from Davis Blvd. south to Rattlesnake-Hammock Road, as well as the PUDs partially in the transitional URF approved to utilize TDR credits. The first table identifies PUDs located in the one-mile corridor on the west side of CR 951 / Collier Boulevard. These developments lie in the Urban Residential Subdistrict, where a base density of 4 DU/A is. allowed and potentially up to 16 DU/A with density bonuses. West Side of Collier Blvd. • Cedar Hammock 799 DU 1.91 DU/A gross density • Naples Heritage Golf& CC 799 DU 1.43 DU/A gross density • Naples National Golf Club 26 DU 0.08 DU/A gross density • Homes of Islandia 28 DU 0.18 DU/A gross density • Naples Lakes CC 731 DU 1.56 DU/A gross density - 7 - CP-2014-2/ PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -342- Agenda 12/9/2014 9.B. The table above reflects densities in developments on the west side of CR 951 / Collier Boulevard ranging from less than 1 DU/A to 1.91 DU/A. The second table (below) identifies PUDs located in the one-mile corridor on the east side of CR 951 / Collier Boulevard. These developments lie in the Urban Residential Fringe designated area, where lower, transitional densities between the Urban Designated Area and the Agricultural/Rural Area allow up to 1.5 DU/A without/ 2.5 DU/A with utilizing TDRs. Also included in this table is the Naples Reserve PUD that is located partially in the URF and approved to use TDRs. East Side of Collier Blvd. • Forest Glen of Naples 799 DU 1.28 DU/A gross density • Willow Run [pending] 590 DU 1.06 DU/A gross density • San Marino PUD 352 DU 1.5 DU/A gross density • Hacienda Lakes of Naples (DRI) 1,760 DU 0.82 DU/A gross density* • Naples Reserve 1,154 DU 1.68 DU/A gross density* * = Portion of PUD is within RFMUD; Hacienda Lakes is allowed density in URF at 2.8 DU/A via use of TDRs. The table above reflects densities in developments on the east side of CR 951 / Collier Boulevard ranging from approximately 1 DU/A to 1.68 DU/A. All densities on the west side of CR 951 are less than or equal 1.91 DU/A, and all densities on the east side of CR 951 are less than or equal 1.68 DU/A. One purpose of the URF Subdistrict is to provide an area where transitional densities are intended to demarcate the Urban Designated Area from the Agricultural/Rural Area. The URF Subdistrict has existed since the 1989 GMP adoption - while the RFMUD TDR program was adopted in 2002. It is important to note that the URF's purposes and intents as a transition existed before there was a TDR allowance here. Originally, the URF was devised as a transition from 4 DU/A[in Urban area] to 1 DU/5A [in the Agricultural/Rural designation]. But in 2002, the nature of this transition changed. The URF now provides an even greater transition from 4 DU/A [in Urban area] to 1 DU/40A in RFMUD designated Sending Lands. It is even more important to note that the use of TDRs in the URF is only related to transitional density in that the allowed 2.5 DU/A is still less dense than the base density of 4 DU/A on west side of CR 951; and to be reminded that the San Marino site is not located at the URF/RFMUD Sending Lands boundary. In contrast with the purposes and intents of the URF Subdistrict, the San Marino request imposes higher densities found only in the Urban designated area - and unintended for the URF. This density increase has a measurable impact on the URF's "transitional" nature, and would affect its surrounding lands. If approved, the Urban-density San Marino project begins to fragment the URF's "transitional" nature. Environmental Impacts, including Historical and Archaeological Impacts: Collier County Department of Natural Resources personnel reviewed this petition and provided the following analysis: The majority of the site is forested with native vegetation, twenty five percent of which is required to be retained in accordance with the requirements of the Conservation and Coastal Management Element (CCME). Approximately 71 percent of the site (139.50 acres) contains State and Federal jurisdiction wetlands. - 8 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -343- 12/9/2014 9.B. Agenda A listed species survey was conducted by the environmental consultant in February, 2014. No listed wildlife species were observed during the survey. Florida black bear (Ursus americanus floridanus) scratch and bite trees were observed on the property during the listed species survey. Although recently delisted by the State of Florida, the Florida black bear is still protected under the Florida Black Bear Management Plan. In addition to listed wildlife species, the project site was also surveyed for plants listed by the Florida Department of Agriculture and Consumer Services, U.S. Department of Agriculture and the U.S. Fish and Wildlife Service. Two listed plant species were identified on the property, butterfly orchid (Encyclia tampensis) and hand fern (Ophioglossum palmatum). In accordance with the requirements of the LDC, up to ten individuals of these species may be required to be relocated, into proposed preserves if the preserves do not contain these species and are able to support the species of plants. Correspondence received from the Florida Master Site File lists no archeological sites and cultural resources within Section 11, Township 50 South, Range 26 East. The proposed GMP amendment to allow TDRs to be transferred to the San Marino Residential PUD from any lands designated Sending in the RFMUD will have no affect on the requirements of the CCME and will support the intent of the TDR program by directing development away from environmentally sensitive Sending Lands. [Stephen Lenberger, Senior Environmental Specialist Surface Water& Environmental Planning Section] Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: The net new trips, while significant on CR 951, do not indicate that they would cause adverse impacts. The project is consistent with Policy 5.1 of the Transportation Element, and as such, no mitigation would be required within the project's area of significant impacts to accommodate the identified impacts on network capacity. The project's significant impacts are found only on the first link of CR 951. These significant impacts are expected from 183 Southbound trips (6.10% impact), and 104 Northbound Trips (3.47% impact). In this case, only the 104 northbound trips are of interest in reviewing the project for consistency with the Transportation Element, as this is the peak direction of the network. No other subsequent impacts are expected to exceed the 2% (or consequent 3%)threshold(s). [John Podczerwinsky, Project Manager Transportation Planning Section] Public Facilities Impact: The San Marino PUD is within the Collier County Water and Sewer District. Public Utilities staff does not have any preliminary issues with respect to the proposed amendment. Commitments will be reviewed and requested as part of any PUD [or PUD amendment] applications. [Kris Van Lengen, Principal Project Manager Public Utilities Planning &Project Management Dept.] NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Tuesday, October 21, 2014, 5:30 p.m. at the Collier County South Regional Library, Meeting Rm. "A", located at 8065 Lely Cultural Parkway, Naples. Approximately 15 people other than the application team and County staff attended - and heard the following information: - 9 - CP-2014-2/ PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -344- Agenda 12/9/2014 9.B. The applicant's agent provided a description of the proposed GMP amendments to the group, including how the transfer of TDRs will be allowed to the undeveloped golf course portion of the San Marino PUD located in the Urban Residential Fringe (URF) from Rural Fringe Mixed Used District Sending Lands. The agent explained how the proposed density is not allowed by the FLUE, nor is the use of TDRs transferred from Sending Lands more than 1 mile from the Urban area. An overview of the PUD application and development plans were also provided. Some of the details given of the planned development include the introduction of a new access point onto CR 951 for its main entry. The conceptual master plan showed how on-site preserve areas buffer the closest residences located in the Forest Glen community; and how the future San Marino residential areas are buffered by adjacent Forest Glen preserve areas. The applicant's agent explained the hearing process for the Transmittal phase of the request and reviewed an anticipated hearing schedule for the Adoption phase of the request along with the companion PUD amendment. Questions were taken from those in attendance [and addressed], covering topics such as if and how signalization would be required and introduced at a new CR 951 intersection with the main entrance [when warranted, along with specific directional traffic controls]; configuration of new lakes and water management facilities, along with the permits required and construction timing [3 large lakes permitted through SFWMD]; types of residences to be offered, price points, floor areas and construction phasing [mix of market rate units phased to meet demand]; whether any commercial development is proposed [it is not]; and, the configuration of walls at project boundaries and along CR 951 [with requested deviations explained]. No one in attendance expressed opposition to the changes. The meeting was completed by 6:05 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: The following findings and conclusions result from the reviews and analyses of this request: • Correlating amendments to the San Marino PUD may be submitted subsequent to, or concurrent with the Adoption phase of this GMPA application. • Staff does not have preliminary Public Utilities issues with respect to the proposed amendment. • The part of the GMP amendment allowing the transfer of TDR derived residential density from more than one (1) mile from the Urban Boundary to the undeveloped portion of the San Marino PUD would satisfy a portion of the potential unmet need in the Urban Residential Fringe for TDR credits. • The proposed GMP amendment will have no affect on the requirements of the CCME and will support the intent of the TDR program by directing development away from environmentally sensitive Sending Lands. • The majority of the site is forested with native vegetation, twenty five percent of which is required to be retained in accordance with the COME. Native vegetation preservation may not change from this amendment, while Goals of the RFMUD may be met without any need for change. • This amendment will result in increased demand for TDRs in one area [Sending Lands beyond 1 mile from URF] but decreased demand for them in another [Sending Lands within 1 mile of URF]-while no net benefits are gained for the TDR program. - 10 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -345- 12/9/2014 9.B. Agenda. ,,.,,,, • Impact upon the TDR program could be noteworthy. A number of TDR credits originally intended for use in areas of RFMUD designated Receiving Lands will be redirected to the Urban Residential Fringe-a reallocation of TDR credits. • The number of TDRs available from "qualified" Sending Lands is sufficient at this time. • This GMP amendment increases the potential devaluation of TDR credits generated from Sending Lands within one mile of the URF. • The Urban Residential Fringe is intended for, and developed with, lower "transitional" residential densities, and a more compatible and consistent development pattern would be maintained without approval of the proposed higher density. • Potential compatibility issues accompany the higher residential density in an area intended for lower, transitional density. LEGAL CONSIDERATIONS: A copy of this Staff Report was provided to the Office of the County Attorney and has been approved as to form and legality. The County Attorney also recommended that provisions of the Urban Residential Fringe Subdistrict be restructured to provide the proper connections and document flow from the main Subdistrict paragraph to its subordinate provisions. This restructuring is reflected in the Staff Recommendation below. [S.Stone] STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CP-2014-2, as submitted, to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity. Staff does, however recommend approval of a different version of FLUE text provisions allowing for the transfer of TDR credits from Sending Lands property more than one (1) mile from the Urban boundary, modified to incorporate non-substantive changes for proper code language, format, clarity, etc.; resolving formatting problems introduced by the UPPER CASE underlined legal description proposed by petitioner through the complete replacement with the more suitable version below; and, removing the increase to the maximum allowable residential density that may be achieved. Note: Words underlined are added - as proposed by petitioner; words double underlined are added, words are deleted - as proposed by staff. [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 COME Policy 6.2.5 (6) b.1., and either"a" or"b"&r1 " below:_ [Relocation Only Difference for Next Paragraph 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 - 11 - CP-2014-2/ PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -346- 12/9/2014 9.B. Agenda 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, except in the case of Properties 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. 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, ••,. The undeveloped portion of the San Marino Planned Unit Development located in Section 11, Township 50 South, Range 26 East . ---_ - _-- shall not be subject to the one mile limitation set forth in subsection "a" 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. The Property is further described as follows: That .ortion of the San Marino Planned Unit Development described in Ordinance No. 2000-10 excepting the ±39 acres located in the South 1/2 of the Southwest 1/4 of the Northwest '/ of Section 11, Township 50 South, Range 26 East, and in the Northwest 1/4 of the Southwest 1/4 of Section 11. Township 5Q South, Range 26 East. 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=: [Indenting Only Difference Below] 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. 4 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. - 12 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -347- Agenda 12/9/2014 9.B. 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 % OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, 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 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, 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 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, 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 % OF THE WEST 1/2 OF THE NORTHEAST 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 1/2 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 1/2 OF THE NORTH V2 OF THE WEST V2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, 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 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 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 % OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 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 1/2 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. B. DENSITY RATING SYSTEM: [Page 49) **** **** **** **** **** **** **** **** **** **** **** **** 2. Density Bonuses **** **** **** **** **** **** **** **** **** **** **** **** f. Transfer of Development Rights Bonus **** **** **** **** **** **** **** **** **** **** **** **** — 13 — CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -348- 12/9/2014 9.B. Agenda ILGIII (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 properties 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 Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 East, and the undeveloped portion of the San Marino Planned Unit Development located in Section 11, Township 50 South, Range 26 East, as further described in the Future Land Use Designation Description Section, Urban Residential Fringe Subdistrict, 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. IF the Planning Commission chooses to recommend transmittal of the petition so as to allow use of TDRs from unqualified Sending Lands and to allow increased density, staff recommends the following revisions to the applicant's proposed text (for proper code language, format, clarity, etc., including a replacement property description,AND to require partial use of qualified TDRs: Note: Words underlined are added- as proposed by petitioner; words double underlined are added, words are deleted-as proposed by staff. [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:_ [Relocation Only Difference for Next Paragraph 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, except in the case of 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 - 14 - CP-2014-2/ PL20140000113 2014-2, Stock Development-allnwinn TnR trancfers into San Marino RPUD Packet Page -349- 12/9/2014 9.B. Agenda development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands. 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 2.5 units per acre may be achieved for Urban Residential Fringe lands within the undeveloped portion of the San Marino Planned Unit Development located in Section 11, Township 50 South, Range 26 East via the transfer of 2.5 dwellin• units transferable development ri•ht •er acre. The Pro.ert shall be subject to the one mile limitation set forth in subsection "a" above for the first forty percent (40%) of TDRs used (1 DU/A) but shall not be subject to the one mile limitation set forth above - - for • to sixt_•erc-nt 61°. of TDRs 1 D I u ed which ma •e .- ive. from = - a• --: -� lands desip nated 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 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 % of Section 11. Township 50 South, Range 26 East. 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 [Indenting Only Difference Below] 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. 4 j. 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 % OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST '/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, 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; - 15 — CP-2014-2/PL20140000113 2014-2, Stock Development allowing TDR transfers into San Marino RPUD Packet Page -350- Agenda 12/9/2014 9.B. THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 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 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST '/4 AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, 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 '/4 OF THE SOUTHWEST '/, SECTION 23, TOWNSHIP 5O.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 1/2 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 '/ OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, 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 '/ OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA,AND; THE EAST 1/2 OF THE NORTHEAST ' OF THE NORTHWEST 1/4 OF SOUTHWEST '/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 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST '/, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST 1/2 OF THE NORTHEAST '/ OF THE SOUTHWEST %, 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. B. DENSITY RATING SYSTEM: [Page 491 **** **** **** **** **** **** **** **** **** **** **** **** 2, Density Bonuses **** **** **** **** **** **** **** **** **** **** **** **** f. Transfer of Development Rights Bonus **** **** **** **** **** **** **** **** **** **** **** **** (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 properties 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 Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. 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 - 16 - CP-2014-2/PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page-351- Agenda 12/9/2014 9.B. the one mile limitation set forth above and may utilize TDRs from any lands designated Sending within the Rural Fringe Mixed Use District, and the undeveloped portion of the San Marino Planned Unit Development located in Section 11 Townshi. 50 South Ranee 26 East shall not be sub'ect to the one mile limitation set forth above and ma utilize ue to sixt_eercent 60°o of TDRs from -- more-distant lands designated Sendine within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density increase. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] - 17 - CP-2014-2/ PL20140000113 2014-2, Stock Development: allowing TDR transfers into San Marino RPUD Packet Page -352- 12/9/2014 9.B. Agenda Item 9.A. PREPARED BY: 01,1) Y/ DATE: )±0 OC 1 CORBY SCH IDT,AICP, PRI CIPAL PLANNER COMPREHEN IVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT R Y VIE�� . ` J , 1._-_ DATE: - °' DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: m-, MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY:. DATE: NICK CASALANGUIDA,ADMINISTRATOR GROWTH MANAGEMENT DIVISION PETITION No.: CP-2014-2/ PL-20140000113 Staff Report for the November 6, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the December 9, 2014, BCC Meeting. CP-2014-2/PL2014000C113 2014-2, Stock Development:allowing TDR transfers into San Marino RPUD Packet Page -353- 12/9/2014 9.B. RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, 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, ANI) FURTHERMORE RECOMMENDING TRANSMITTAL OF THE 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-2014-21 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. on November 6. 2014, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and [14-CM P-00934/1 131666/1]-86 1 of 2 Rev. 11/12/14 Words underlined are additions; Words struck through are deletions *** *** *** *** are a break in text Packet Page -354- 12/9/2014 9.B. WHEREAS, on December 9, 2014, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; 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 Amendment within one hundred and eighty(180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. 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 Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: ‘\/(,4,114 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit "A" H 4-CMP-00934'1 131666'1 I-86 2 of 2 Rex. 11'12'14 Words underlined are additions; Words;truck through are deletions *** *** *** *** are a break in text Packet Page-355- rid, AIM 12/9/2014 9.B. 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 proiect'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 % of Section 11, Township 50 South, Range 26 East. [14-CMP-00934/1130955/1] 1 Words underlined are added; words struck through are deleted. Row of asterisks(`_-_ " °s break in text. Packet Page -356- ; ��O 12/9/2014 9.B. 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-: fully responsible fer-all necessary water management improvements, including Sutbdistriet- 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. 4- 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 1/4 OF THE NORTHWEST % OF THE SOUTHWEST 1/4 AND THE NORTHWEST %4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, 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 1/4 OF THE SOUTHEAST % OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, 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 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST OF THE SOUTHWEST 1/4 AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, 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/ OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST [14-CMP-00934/1130955/1] 2 Words underlined are added; words std are deleted. Row of asterisks('Packet Page-357-es break in text. 12/9/2014 9.B. 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 1/2 OF THE NORTHWEST '/ OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, AND; THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST '/ OF THE NORTHEAST ' OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA,AND; THE SOUTHWEST 1/4 OF THE SOUTHWEST % OF THE NORTHWEST '/ OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA,AND; THE EAST '/2 OF THE NORTHEAST % OF THE NORTHWEST 1/4 OF SOUTHWEST % 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 '/ OF THE NORTHWEST % OF THE SOUTHWEST 1/4 OF THE SOUTHWEST ' , LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST ' OF THE NORTHEAST % 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. **** **** **** **** **** **** **** **** **** **** **** **** B. DENSITY RATING SYSTEM: [Page 49] **** **** **** **** **** **** **** **** **** **** **** **** 2. Density Bonuses **** **** **** **** **** **** **** **** **** **** **** **** 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 [14-CMP-00934/1130955/1] 3 Words underlined are added; words struck Str-LiGk-thfaugh are deleted. Row of asterisks (*"" '"-` ""' es break in text. Packet Page -358- G r E t . . ................ .................... 12/9/2014 9.B. 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 subiect 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 1/4 of Section 11, Township 50 South, Range 26 East, and in the Northwest ' of the Southwest Y4 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. [14-CMP-00934/1130955/1] 4 Words underlined are added: words struck through are deleted. Row of asterisks ( Packet Page-359-tes break in text. ( 'AO 12/9/2014 9.B. AFJ LDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004131, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning,PUD amendment,or conditional use,at least 15 days prior to the scheduled Neighborhood Information Meeting For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Appli aLicaf° State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this day of r i+• 1 2014 by A\2)C(S C re S\ o ,who • personall • own to m • who has produced as identification. (Signature of N Publtic) (Notary Seal) • - Printed Name of Notary ClUILLIFJ4 JONES.al NOTARY PUBLIC C -STATE OF FLORIDA •� Cann*6E099159 Expires 0/12015 G:\NDM Procedures/Affidavit Of Compliance-NIM Oct201 a.Doc Packet Page-360- 12/9/2014 9.B. OO , F:E - h NEIGHBORH ,., „: :} M k TION MEET1N = The public is invited to attend a neighborhood• infonnattori°imee; .. ,,it Ci,sy:„.,,iii- 's` and Yovanovich of Coleman, Yovanvoich&.Koester PA and AleXJ§Gtesp4 Ar �bf y NAPLES DAILY NEWS Waldrop Engineering, P.A.on behalf of the prppt ty owner at the following Published Daily location: i r � a,Yr vk ' Naples,FL 34110 f' ors Tuesday,October,21,2614 at 5 3p� is;r-.;" 1 ,' • Collier County South Regl0nal Ubrary CVJleett Room, " ? ,'4,,' '''$'''' Affidavit of Publicaf 8065 Lely Cultural;P�t1FEyay Naple$,,.FIX3C1i 1y 4 The subject property totals 235+'acre located on. "`, State of Florida ' � �r ._ Blvd.,approximately 1 Y:miles north o f9attlesitake HamrnocK dad In a r,t, Counties of Collier and Lee Township 50 South, Range 26.East;c ier County FlQnda £1 a Isr A vy diately north of the Aventine at Naples partntent dotr plea.T e ptirK�7.,mt s ; made two (2)concurrent applications f Mier County These appircatioh ktilue�,', Before the undersigned they serve a ,it � Y the following: , . , �,� ','.1';'•:!::�. €s w x ,,v ,�. appeared Daniel McDermott,who o: " i, �t i� af'r+ . t a ,�f�hiv l' Inside Sales Manager of the Naples j (1)A Growth Management.Plan Amen merij(PMPA),to ftlbw 4 kATArltsil3r 5 ,4 1�anag aP able Development Rights(TDRs)-fro Sending land$ideate¢•Imare N an MT, newspaper published at Naples,in C from the Urban Boundary,and utilize ese T 1o_§tghl "dQn,Sd> r4.t� fl 4 distributed in Collier and Lee eounti� per acre per the Urban Residential'F a Distnct II r a4 . , a attached copy of the advertising,bell (2)A Planned Unit Development Am •nterit PU to �w ` " g � DAj� �$,pd t x�a��a(Ic►o��i Planned Unit Development approve• per=Q inarice'20DO`;I � „,,,".....r!7,y` lep �i PUBLIC NOTICE maximum number of dwellIng units f. ,'312 tp S4$ to remol 1 uses, to revise the Master Plan to d cer'tatn Permitted-1 Ses� i ", rr Standards and Deviations,;and Xo revj #veto mrlLt.i .i ; l+ " �+ .k� M Mi•.'.5,Jt' Wb `-'�9f 41 Maw:A 3 in the matter of PUBLIC NOTICE ,.f •_&-al \:---y`,','::.'.,:;'-,-,:_,..:.4 4 — °.� was published in said newspaper 1 t' f� on September 29,2014. W =c, .---..,,..1.7,;,-..,' �� �` ;�° fr k Affiant further says that the said N. ,.i: i j1 � F ' published at Naples,in said Collier • `' ? , c- 4 ;�° u' `i�Jr .a1 r. newspaper has heretofore been conk _ LL ti Y County,Florida;distributed in CoIli- ` .I f -� �t` each day and has been entered as sec+ L ''h°°° * '° t ''''''.'";:-'''•"'``•'-':'i:''''!''''''''•'- J,k 3 t` office in Naples,in said Collier Co i [_-:. �, �- year next preceding the first publicat .0 �' �C ,�� i advertisement;and affiant further sa ^+ s promised any person,firm or torpor. _ ,, _d � � l ,r -�} �� .� ,t ,�,�, commission or refund for the purpos: �` - 1g. ` * „ .� . publication in the said newspaper. WE VALU YOUR INPUT-' ▪ +yid, • r 7 / ' %Y/J Business and property y ' ' �` 4,s /1/ — /r P PertY owners and residents are welcome tbatferst#+ a and discuss the project with the ownere'-represerrtativei and.Dpllier ,,., ';kt,f (Signature of affiant) , you are unable to attend this meeting,•butHave gtlestiens or-Corn. ih nt �., ftdJt I ∎, directed to: Waldrop Engineering,P.A.olo:Alexis Crespol — .i"R � Sw to and s:b- nbed before me 28100 Bonita Grande Dr.,Suite 305,Bonita Springs fL 341.35; ',. '" Ttki 3rd day of•• .b- ,2014 (239)405-7777,ext.207 OR arextsb waldropettt is I; /�� „�, n// "Please note that Collier County Public library does oat splonsq▪ '` .1.';';:',,,i,"44-p,",,, _SL's{f ` / NQ 231123847 =� (Signature of notary public) '-� _? _,. r�� ��`CAR°L �,i i MY COI+Si1SSION#Es 51758 __• ,,,,`'.'• : � Pkhnd trance i�p�rcy Packet Page-361- 12/9/2014 9.B. WALDROP ENGINEERING 0 c 1L ENGINEERING a LAND oEWLOP�rr ooNBUSAwrs 25� #i ' vy y} M.p.¢IV"1 7� hi —✓aL3ev4 'L14 it ;7 au. i ,w o .sue .✓ �£' 3r t �`� w.V r Yyi. a:.'Yi{ .c ? iP" rr-,"+ '�'a]'x�. .-5k, t +f` �° z«ati-x wi �e! '�+� !� �� .krar aq ee L J {.i ,.�!. :es + tdaie September 26,2014 RE: San Marino GMPA-PL20 1 40000 1 1 3 PUDA-PL20140000100 Dear Property Owner: Please be advised that Alexis Crespo, AICP of Waldrop Engineering, P.A.. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. on behalf of the property owner has made two (2) concurrent applications to Collier County. These applications include: (1) a Growth Management Plan Amendment (GMPA) to allow the use of Transferable Development Rig)its(TDRs) from Sending Lands located more than 1 mile from the Urban Boundary, and utilize these TDR to achieve a density of 4.0 units per acre per the Urban Residential Fringe District; AND (2) to amend the San Marino Planned Unit Development approved per Ordinance 2000-10, to increase the maximum number of dwelling units from 352 to 843,to remove the golf course uses, to revise the Master Plan,to add certain Permitted Uses, Development Standards and Deviations, and to revise Developer Commitments. The subject property totals 235+/-acres and is located in Section 11,Township 50 South,Range 26 East, Collier County,Florida,east of Collier BIvd. (CR 951) and approximately 1.5 miles north of Rattlesnake Hammock Road.The property is immediately north of the Aventine at Naples apartment complex. hi compliance with the Land Development Code requirements,a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this applications and ask questions. The Neighborhood Information Meeting will be held on Tuesday,October 21,2014 at 5:30 p.m. at the South Regional Library,Meeting Room"A",8065 Lely Cultural Parkway,Naples,FL 34113. Should you have questions prior to the meeting,please contact me directly at(239)405-7777 ext.207,or alexisc'ci. aldropenvaineerine..com. Sincerely, WALDROP ENGINEERING,P.A. �i 'jai Alexis V.Crespo,AICP Principal Planner *Please note that Collier County Public Library does not sponsor or endorse this program. Packet Page-362- 12/9/2014 9.B. kjriI • as;::t :ria7 i a .::.,„ %v. 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PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,December 09, 2014,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL.The purpose of the hearing is to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS * AMENDED, 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 AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.THE SUBJECT 196.4-ACRE PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD APPROXIMATELY 1-112 MILES NORTH OF RATTLESNAKE-HAMMOCK ROAD IN SECTION 11,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [PL201 400001 1 3/CP-2014-2] 5 //q f:t.N.M1t� D )/+ IXA v-- MASH Pt;- 8e+' NS1pAi' CI.MRM ..•• I rozrr¢a 6 y . re a , x, il; op IPg 1 PROJECT , op r^ I LOCATION a z .aa. aal O "'iur aua 16 i ro ko C A SN b CD --F: All interested parties are invited to appear and be heard, Copies of the proposed RESOLUTION will be made available for inspection at the Planning&Zoning Department, Comprehensive Planning Section, z 2800 N. Horseshoe Dr., Naples,between the hours of 8:00 A,M.and 5:00 P.M..Monday through Friday. n Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth ror floor,Collier County Government Center,3299 East Tamiami Trail,suite 401 Naples,one week prior to the tn scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive o Planning Section of the Planning&Zoning Department.Written comments filed with the Clerk to the Boards n Office prior to Tuesday,December 09,2014 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners m 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 that a verbatim record of the proceedings is made,which in 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 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 for the hearing impaired are available in the Board of County Commissioners Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara Deputy Clerk(SEAL) No.231123885 November 19.2014 • Packet Page -365-