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Agenda 01/08/2013 Item # 9A 1/8/2013 Item 9.A. EXECUTIVE SUMMARY Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and objections, recommendations and comments (ORC) response. (Transmittal Hearing) (Companion to Agenda item 17.B., SE-PL20120002580, Gordon River Greenway Park Scrivener's Error) OBJECTIVE: For the Board of County Commissioners to review the 2012 cycle of amendments to the Collier County Growth Management Plan (GMP) and consider approving said amendments for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2012 cycle petitions on November 1, 2012 (petitions CP-2012-1 and CP-2012-3). • This Transmittal hearing for the 2012 cycle considers amendments to the Future Land Use Element and Future Land Use Map. Note: Because the support materials are voluminous, and some exhibits are oversized, the Agenda Central system does not contain all of the related documents pertaining to these GMP amendment petitions. The entire Executive Summary package, including all support materials, is included in the binders provided separately to the BCC specifically for the 2012 cycle of GMP amendment petitions (and one 2011 "small scale" GMP amendment). The complete binder is available for review in the Comprehensive Planning Section office 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. Petition PL20120000371/CP-2012-1 is a petition submitted on behalf of the Collier County Parks and Recreation Department requesting an amendment to the Future Land Use Map to change the designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation designation, for the +123.6-acre County-owned Gordon River Greenway Park. The site is located on the east and west sides of the Gordon River, on the south side of Golden Gate Parkway, and on the east side of Goodlette-Frank Road, in Sections 27 and 34, Township 49 South, Range 25 East. The purpose of the re-designation is to fulfill a requirement of the State, which financed the acquisition of the site, to change the designation to "open space, conservation or outdoor recreation use." The subject site was rezoned to P, Public Use, zoning district on July 26, 2011 via Ordinance No. 2011-25, which limits the site to "public park use"; the petition was presented as a passive park but was not explicitly restricted as such. As the Conservation designation limits park uses to "passive parks, and other passive recreational uses," the rezone Ordinance 2011-25 needs to be amended to reflect "passive" park use so as to avoid an inconsistency between the zoning and proposed Conservation designation. This is occurring via a scrivener's error ordinance at this same Board hearing. Packet Page-48- 1/8/2013 Item 9.A. Petition PL20120001213/CP-2012-3 is a petition submitted by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) requesting amendments to the Bayshore/Gateway Triangle Revelopment Overlay (B/GTRO) in the Future Land Use Element (FLUE) to: a) expand the area within the B/GTRO subject to the density bonus for mixed use developments; b) add an allowance for residential-only projects to utilize the density bonus; c) add an explanation of the density bonus calculation; d) and, delete the development standards; and, to add cross references to other FLUE provisions. In 2000, the CRA was established, a redevelopment plan was approved for the area, and the B/GTRO was adopted into the GMP. The purpose of the B/GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay provides for a bonus density pool of 388 dwelling units, derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B/GTRO. As provided for in the B/GTRO, the bonus units may be awarded by the Board [via approval of a Mixed Use Project (MUP) petition] until all 388 bonus density pool units are awarded. The proposed amendment does not change the B/GTRO boundaries, and does not change the bonus density pool unit total — it remains at 388 units. The amendment does expand the area within the existing B/GTRO boundaries that is eligible to use the bonus density pool for mixed use projects, with the same cap at 12 dwelling units per acre (DU/A), and introduces a new allowance for residential-only projects to use the bonus density pool, with a cap of 8 DU/A. The internally expanded area is to the north side of Davis Blvd., the east side of Airport-Pulling Road, and into the Mixed Use Activity Center#16 centered around the US 41 East/Airport-Pulling Road intersection. The LDC (Sec. 4.02.16 & 4.02.35) contains the same development standards as are found in the B/GTRO and proposed for deletion. Having these standards in the LDC only allows for a site- specific request for deviation or variance, which can be evaluated on a case by case basis. There are no such deviation or variance provisions to GMP requirements and limitations (except as specifically provided for in state law or Rule, e.g. Area of Critical State Concern). FISCAL IMPACT: There are fiscal impacts to Collier County as a result of these two amendments. Petition CP-2012-1 is for County-owned property; the County (Parks and Recreation Dept.) will be responsible for the cost of associated legal advertising at the Adoption hearings (the petition fee, and legal ad costs for Transmittal hearings, have already been paid). Petition CP-2012- 3 was initiated by the Bayshore/Gateway Triangle CRA, as previously authorized; the County (CRA) will be responsible for the cost of associated legal advertising at the Adoption hearings as well as staff time spent to process and review this petition (legal ad costs for Transmittal hearings have already been paid). Also, a subsequent LDC amendment may be necessary to implement petition CP-2012-3. If so, that LDC amendment would be prepared using existing staff resources and the existing budget would be used to pay for any required legal advertising. Final action is not being taken at this time as these GMP amendments are not being considered for adoption at this 2 Packet Page-49- 1/8/2013 Item 9.A. hearing. If approved for transmittal, these amendments will subsequently be considered for adoption at hearings to be held later in 2013. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote of the Board is needed for transmittal to DEO. --HFAC GROWTH MANAGEMENT IMPACT: Approval of these proposed amendments by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty-day (30) review process and ultimately return these amendments to the Planning Commission and the Board for final Adoption hearings to be held later in 2013. ENVIRONMENTAL ISSUES: The site of petition CP-2012-1 contains jurisdictional wetlands, and listed plant and/or animal species may occur on site. However, the amendment is to change the future land use designation to Conservation, a more restrictive designation. Further, 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 Conservation and Coastal Management Element of the Growth Management Plan, and the Land Development Code. Petition CP-2012-3 is not site-specific. HISTORICAL/ARCHAEOLOGICAL IMPACT: Regarding petition CP-2012-1, that site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability, and the Florida Department of State is of the opinion that the site does not appear eligible for listing on the National Register of Historic Places. STAFF RECOMMENDATION: That the CCPC forward petitions CP-2012-1 and CP-2012-3 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC forwarded petitions CP-2012-1 and CP-2012-3 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 8/0 on each petition). There were no public speakers on either petition. Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CP-2012-1 CCPC Staff Report; 2) CP-2012-1 Resolution with Exhibit "A" Map; 3) CP-2012-3 CCPC Staff Report; 4) CP-2012-3 Resolution with Exhibit"A" Text Executive Summary Transmittal 2012 Cycle GMPAs G:ICDES Planning Services\ComprehensivelCOMP PLANNING GMP DATA1Comp Plan Amendments\2012 Cycle Petitions IBCC Transmittal dw/11-7&21-12 and 12-10-12 3 Packet Page -50- 1/8/2013 Item 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.A. Item Summary: Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and objections, recommendations and comments (ORC) response. (Transmittal Hearing) (Companion to Agenda item 17.B., SE-PL20120002580, Gordon River Greenway Park Scrivener's Error) Meeting Date: 1/8/2013 Prepared By Name: WeeksDavid Title: Manager-Planning,Comprehensive Planning 12/10/2012 4:25:28 PM Submitted by Title: Manager-Planning,Comprehensive Planning Name: WeeksDavid 12/10/2012 4:25:30 PM Approved By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 12/13/2012 1:47:34 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 12/18/2012 1:17:05 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 12/19/2012 2:52:50 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Packet Page-51- 1/8/2013 Item 9.A. Date: 12/27/2012 9:24:20 AM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 12/27/2012 10:21:24 AM Name: KlatzkowJeff Title: County Attorney Date: 12/27/2012 10:37:43 AM Name: OchsLeo Title: County Manager Date: 12/31/2012 10:26:07 AM Packet Page-52- 1/8/2013 Item 9.A. Agenda Item 9B. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RE: PETITIION NO. PL20120000371/CP-2012-1: GORDON RIVER GREENWAY PARK GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] (Coordinator: Michele Mosca, AICP, Principal Planner) AGENT/APPLICANT/OWNER: Agent: Q. Grady Minor and Associates 3800 Via Del Ray 15000 Livingston Road Naples,Fl. 34110 Applicant: Barry Williams, Director Collier County Parks and Recreation Department 15000 Livingston Road Naples, Fl. 34110 Owner: Collier County 3299 Tamiami Trail East, Ste. 303 Naples, Fl. 34112 I. GEOGRAPHIC LOCATION: The subject 123.6± acre property is located on the east side of Goodlette-Frank Road (CR-851) and south of Golden Gate Parkway (CR-886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. (Refer to location map on page 2.) 1 Packet Page -53- 1/8/2013 Item 9.A. Agenda Item 9B. iW qy d T ti A -•� .ftvm»l,.+n - qe. K i .rte..w iro ? T „0.11! T µp C5h W^M t A1' • k, •k ,kk Vin`" *,, Source: Collier County Property Appraiser and Collier County Parks and Recreation Department H. REQUESTED ACTION: The applicant is requesting to amend the Future Land Use Map designation on the subject property from "Urban" (Urban Mixed Use District, Urban Residential Subdistrict)to "Conservation Designation." III. PURPOSE/DESCRIPTION OF PROJECT: The County entered into a Declaration of Restrictive Covenants with the State of Florida, under the Florida Communities Trust Act, to finance the land for the proposed Gordon River Greenway Park (subject site). As a condition of this Covenant, the County is required to re-designate the subject site to "open space, conservation or outdoor recreation use." The County Parks and Recreation Department is requesting that the site be re-designated from Urban to Conservation in order to comply with the State's requirement. (This site was rezoned to P, Public Use, zoning district on July 26, 2011 via Ordinance No. 2011-25, which limits the site to public park use.) IV. SURROUNDING LAND USE, ZONING,AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject site is zoned Public Use (P) for a public park — The Gordon River Greenway Park, and includes a Special Treatment Overlay on the property. This site 2 Packet Page -54- 1/8/2013 Item 9.A. Agenda Item 9B. is designated Urban (Urban Mixed Use District, Residential Subdistrict) and is within the Coastal High Hazard Area. The Gordon River Greenway Park is intended to be developed as a passive park with water quality systems and passive recreation amenities. Surrounding Land Uses and Zoning: North: Across Golden Gate Parkway, Freedom Park located within the City of Naples, a passive park and water quality treatment park on the south side of Golden Gate Parkway, Caribbean Gardens Zoo, and single-family residential development, which have a zoning classification of Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, Residential Multi-Family — 6 dwelling units per acre (RMF-6), and Commercial Intermediate(C-3). East: Golf course, single-family, multi-family development, undeveloped land and an airport, which have a zoning classification of Rural Agriculture (A), Rural Agriculture (A) with a ST Overlay, Planned Unit Development (PUD, River Reach), and City of Naples Zoning District PD (Bears Paw). South: Vacant undeveloped land, the Conservancy of Southwest Florida, and office buildings which have a zoning designation of Commercial Intermediate (C-3), Conservation (CON), CON with a ST Overlay, and City of Naples Zoning District PD. West: Gordon River, vacant undeveloped land, offices, single-family, the Conservancy of Southwest Florida and the Carribean Gardens Zoo, which have a zoning designation of Rural Agriculture (A), Rural Agriculture with a ST Overlay, Conservation (CON), CON with ST Overlay, Residential Single-family (RSF-4), RSF-4 with a ST Overlay, Residential Multi-family (RMF-6 and RMF-16) and City of Naples Zoning District PD and C4. V. STAFF ANALYSIS: 1) Request Reviewed within the Context of the Collier County Growth Management Plan This proposed change to the existing Future Land Use Map designation of "Urban" (Urban Mixed Use District, Urban Residential Subdistrict) to "Conservation Designation" is consistent with, and in furtherance of, the Growth Management Plan, particularly Goal 1 of the Conservation and Coastal Management Element which reads: "GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES." Relevant to the subject site, the following excerpts from the Future Land Use Element describe the purpose and intent of the existing and proposed Future Land Use Designations: 3 Packet Page-55- 1/8/2013 Item 9.A. Agenda Item 9B. Existing FLUM Designation "Urban (Mixed Use District, Residential Subdistrict): The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code." Proposed FLUM Designation "Conservation Designation: The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values." ****************************************************************** "The following uses are authorized in this Designation." ****************************************************************** "e. Habitat presentation and conservation uses; f. Passive Parks, and other passive recreational uses;" 2) Environmental Impacts, There are no negative impacts resulting from the approval of this Future Land Use Map amendment. 3) Historical and Archaeological Impacts The Florida Department of State is of the opinion that the project site does not appear eligible for listing on the National Register of Historic Places. 4) Traffic Capacity/Traffic Circulation Analysis and Impacts There are no traffic impacts resulting from the approval of this Future Land Use Map amendment. 5) Public Facilities Impacts There are no public facilities impacts resulting from the approval of this Future Land Use Map amendment. VLNEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The NIM was held on August 23, 2012 at 5:30 p.m., after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. 4 Packet Page -56- 1/8/2013 Item,9:.A. Agenda Item 9B. Two members from the public attended the NIM, held at Freedom Park, located at 1515 Golden Gate Parkway. • The following is a synopsis of the meeting: D. Wayne Arnold, agent for the applicant, opened the meeting at 5:40 p.m. Another representative for the project in attendance was Barry Williams from Collier County Parks and Recreation. Michele Mosca representing Collier County Comprehensive Planning also attended. Mr. Arnold began the information meeting by introducing and explaining the project and the Comprehensive Plan Amendment Petition request. Mr. Arnold displayed an aerial exhibit and conceptual site plan for reference. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding the location of trails, type of lighting on the trails, park hours and gates installed to limit access to the park and bridges after hours. Barry Williams addressed the attendee's questions. Mr. Arnold offered to provide color versions of the Parks Site Plan to anyone that wanted a copy and said that if anyone had further questions to call his office or to contact Ms. Mosca. • The meeting was adjourned at approximately 6:00 p.m. VII.FINDINGS AND CONLUSIONS: " • The 123.6+ acre subject site is owned by Collier County and was acquired and planned for preservation, a passive public park, passive recreational services, and conservation uses. • The change to the Future Land Use Map from "Urban" to "Conservation Designation" is consistent with the Collier County Growth Management Plan and, in particular, Goal 1 of the Conservation and Coastal Management Element of the Growth Management Plan. • This Future Land Use Map re-designation is a condition of the State grant. • The amendment will not negatively impact public infrastructure. VIII. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the Collier County Attorney. -HFAC IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2012-1 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Economic Opportunity — contingent upon a rezone, ordinance clarification or correction to Ordinance 201 1-25 to clarify that the site is limited to "passive" park and passive recreational services, consistent with the Conservation Designation of the Future Land Use Element. 5 Packet Page-57- 1/8/2013 Item 9.A. Agenda Item 9B. Prepared by: __._ ow Date: t.•it-iz ichele Mos • CP, Principal Planner Comprehensi - Planning Section Reviewed by: Date: David Weeks, AICP Growth Management Plan Manager Comprehensive Planning Section Reviewed by: -;;-i# -7- - Date: f - 1 ? Michael Bosi,AICP Interim Director Planning and Zoning Department Approved by: , / / - Date. I Nick Casalanguida, Administrator Growth Management Division PETITION NO. CP-2012-01 Staff Report for the November 1, 2012, CCPC Meeting. NOTE: This petition has been scheduled for the January 8, 2013 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MELISSA G. KEENE,VICE CHAIRMAN 6 Packet Page -58- 1/8/2013 Item 9.A. RESOLUTION NO. 13- 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 ELEMENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. 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, Collier County has initiated an amendment to the Future Land Use Map and Map Series to change the designation of the Gordon River Greenway to the conservation designation; and WHEREAS, on November 1, 2012, 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 WHEREAS, on January 8, 2013, 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 Words underlined are additions; Words struck rough are deletions 1 *** *** *** *** are a break in text Packet Page -59- 1/8/2013 Item 9.A. 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 January,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: L ( �Oi V ` Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" PL20120000371/CP-2012-1 CP\12-CMP-00863\13—rev. 12/13/12 Words underlined are additions; Words struck through are deletions 2 *** *** *** *** are a break in text Packet Page-60- 1/8/2013 Item 9.A. O T 45 S T 47 S T 48 5 I T 49 S T 50 S T 51 S j T 52 cV I ill $I I � � I I Is I9 Ia ig I �� O z al ! I I,I I g ,� 2 I ai Z m ? .1 n g g J 74 � o �` tl - z.,. • ; ;!' ▪ gl O g 4 of "s K k e 5 !`III= .ilI�i 1aI#� IS I. I I ! �� ! ,3 .oau !_ 11. w c1" i<i 1 'P b 1 g 4`i[,§g- ' 8 n arr' c+ i— `— d s F = „LL'' $ 3 t K g 4� 4 q. € ,yam 6 s t a o ai i E R! & ti 4 gr &i 8 a Y !L R:, i w� 1 av °— ! ❑g W I o i . ' '.. ' ® (� W a V E Pf 14;:i ¢ 4 D -.I aY g r a I � F gq $ 5 a m � � Y 2a L� F. z ��� � m^ .,D �� a 8 & ��Sr�r??••$ E M w ' g P. �P iP� <O �. � L �K o7 a� $ dG=£ 7'�do5 gtr ..€ u� y <,c€€ r r • 9"��S tn� $'s�Y ��8�ffi� ao�:. � lit!' 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Co -rou.-rtty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION, PLANNING & ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RE: PETITION PL20120001213/CP-2012-3, BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] (Coordinator: David Weeks, AICP, GMP Manager) APPLICANT Ms. Jean Jourdan, Interim Executive Director Bayshore/Gateway Triangle CRA 4069 Bayshore Drive Naples, FL 34112 GEOGRAPHIC LOCATION: This amendment is to the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), which is located along the following road corridors: Bayshore Drive, Davis Blvd. (SR 84), US 41 (Tamiami Trail) East, Airport-Pulling Road (CR 31). The B/GTRO is depicted on the Bayshore/Gateway Triangle Redevelopment Overlay Map (attached), part of the Future Land Use Map Series, and comprises approximately 1,160 acres; it is located within the East Naples Planning Community. REQUESTED ACTION: This petition seeks to amend the existing Bayshore/Gateway Triangle Redevelopment Overlay, and related provisions, within the Future Land Use Element of the Collier County Growth Management Plan by: 1. Amending Policy 5.1, the Density Rating System, and the Mixed Use Activity Center Subdistrict to reference the Bayshore/Gateway Triangle Redevelopment Overlay; 2. Amending the B/GTRO text to: a. Expand the area to which the density bonus pool is applicable for mixed use projects (but retain the cap at 12 DU/A); b. Establish a new provision allowing residential-only projects of a minimum size to utilize the density bonus pool, allow this provision to apply to the same areas as mixed use Packet Page -62- 1/8/2013 Item 9.A. CP-2012-3 B/GTRO Agenda Item 9.C. projects and within the Mixed Use Activity Center, limit to 8 DU/A, and require PUD zoning; c. Remove the development standards and replace with reference to the LDC which contains these same standards. The proposed changes to the B/GTRO, and related FLUE provisions, are as follows: (Words underlined are added, words struGk-though are deleted.) Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13,the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district,except as provided for in the the Bayshore/Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: 1. The Density Rating System is applied in the following manner: e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested"Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 2 Packet Page -63- 1/8/2013 Item 9.A. CP-2012-3 B/GTRO Agenda Item 9.C. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** F.Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners,while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One-er-mere Two zoning overlays have been will-be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 3 Packet Page-64- 1/8/2013 Item 9.A. CP-2012-3 B/GTRO Agenda Item 9.C. 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by.applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular,pedestrian, bicycle)to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services;parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph#8,below, except for mixed use projects developed within the"mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of. 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006(Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63), and as may be amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. • .- I- - 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pulling Road or US 41 East, are allowed to develop as a residential-only project at a maximum density of 8 residential units per acre. In order to be eligible for this higher density the development must comply with the following: a. Project must be in the form of a PUD. b. Project site must comprise a minimum of three acres. c. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5, above. In either instance, the development standards of the 4 Packet Page -65- 1/8/2013 Item 9.A. CP-2012-3 B/GTRO Agenda Item 9.C. Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development. • _ - ._ -- : - •- - .._ _ ' - • - , -. _ - • _ ' . 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses,densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and-#/5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following-design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code,whichever is applicable.: located in close proximity to US 11. c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels/motels will be limited to a maximum height of four stories. c. For mixed use buildings, commercial uses are permitted on the first two stories only. 20,000 square feet gross floor area. g. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a f. 9. For density bonuses provided for in paragraphs #4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9-10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable- workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties,the maximum density allowed is that specified under Density Conditions in the Density Rating System. 4-0, 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The"mini triangle"catalyst project is not subject to this density bonus pool. 4-1- 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non- residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 5 Packet Page -66- 1/8/2013 Item 9.A. CP-2012-3 B/GTRO Agenda Item 9.C. PROJECT DESCRIPTION This petition proposes to modify the B/GTRO, and related FLUE provisions, in effort to promote more development/redevelopment within this area. ZONING AND FUTURE LAND USE DESIGNATION: The B/GTRO contains an array of commercial and residential zoning districts and is divided between two zoning overlays, Bayshore Mixed Use District (BMUD) and Gateway Triangle Mixed Use District (GTMUD). Besides the B/GTRO itself, the Future Land Use designations are: Urban Mixed Use District/Urban Coastal Fringe Subdistrict (lying south of US 41 East) and Urban Residential Subdistrict; Urban Commercial District/Mixed Use Activity Center Subdistrict (#16—see attached map); and, all but that portion lying east of Airport-Pulling Road and north of US 41 East lies within the Coastal High Hazard Area. (The new CHHA proposed as part of the EAR-based GMP amendments, scheduled for adoption in early 2013, would encompass some of those properties east of Airport-Pulling Road.) STAFF ANALYSIS: Section A of the petition provides some history of the B/GTRO. In short, the Community Redevelopment Agency (CRA) was established in 2000, a redevelopment plan was approved by the BCC for the area in 2000, and the B/GTRO was adopted into the GMP later that same year. The purpose of the B/GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay provides for a bonus density pool of 388 dwelling units, derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B/GTRO (BMUD, Bayshore Drive Mixed Use Overlay District, Section 2.03.071.3. & 4.; and, GTMUD, Gateway Triangle Mixed Use Overlay District, Section 2.03.07N.3. & 4). The bonus units may be awarded by the BCC via approval of a Mixed Use Project (MUP) petition —until all 388 bonus density pool units are awarded. The proposed amendment does not change the B/GTRO boundaries, and does not change the bonus density pool unit total — it remains at 388 units. The amendment does expand the area within the existing B/GTRO boundaries that is eligible to use the bonus density pool for mixed use projects, with the same cap at 12 DU/A, and introduces a new allowance for residential-only projects to use the bonus density pool, with a cap of 8 DU/A. The internally expanded area is to the north side of Davis Blvd., the east side of Airport-Pulling Road, and into the Mixed Use Activity Center#16 centered around the intersection of US 41 East and Airport-Pulling Road. The LDC contains the same development standards as are found in the B/GTRO and proposed for deletion (Sec. 4.02.16 & 4.02.35). Having these standards in the LDC only allows for a site- specific request for deviation or variance, which can be evaluated on a case by case basis. There are no such deviation or variance provisions to GMP requirements and limitations (except as specifically provided for in state law or Rule, e.g. Area of Critical State Concern). Exhibit B within Section B of the petition is a map showing the two zoning overlays, underlying zoning districts, and the Activity Center boundary. Viewing this map reveals there is a significant amount of commercial zoning within the B/GTRO. Also, viewing the parcel lines reveals there are few large parcels — other than pre-existing PUDs — available for 6 Packet Page -67- 1/8/2013 Item 9.A. CP-2012-3 B/GTRO Agenda Item 9.C. redevelopment; aggregation of properties will be necessary for most moderate to large size projects to develop. Exhibit D within Section B of the petition consists of various communications supportive of the proposal to internally expand areas eligible for mixed use development and to allow use of bonus density pool units for residential-only development. Environmental Impacts: This is not a site-specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Historical and Archeological Impacts: This is not a site-specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Traffic Capacitv/Traffic Circulation Analysis and Impacts: A traffic impact analysis has not been prepared. Staff did not require this as the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of development within the Overlay. Public Facilities Impacts: Because the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of it within the Overlay, there should be no increased impacts upon level of service standards for public facilities - water, wastewater, solid waste, drainage, parks and recreation, schools, libraries, EMS, police, fire, etc. FINDING AND CONCLUSIONS: • As a result of this amendment, there are no significant impacts to public facilities, as defined in the Capital Improvement Element with respect to arterial and collector roads, storm water drainage, portable water, sanitary sewer, solid waste, community and regional parks. • No increased impacts to natural resources are expected as a result of this amendment. • This amendment does not alter the boundaries of the B/GTRO nor change the number of bonus density pool units available for reallocation within the B/GTRO. • The expansion of areas eligible to use the bonus density pool units, as well as the allowance for residential-only projects to use the bonus density pool units, may provide a viable incentive to spark development/redevelopment interest within the B/GTRO. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office. - HFAC STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2012-3 to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. 7 Packet Page -68- 1/8/2013 Item 9.A. CP-2012-3 BIGTRO Agenda Item 9.C. PREPARED BY: DATE: ( DAVID WEEKS, AICP, GMP MANAGER COMPREHENSIVE PLANNING SECTION PLANNING & ZONING DEPARTMENT REVIEWED BY: DATE: /0' 70— C?- MIKE BOSI, AICP, MANAGER COMPREHENSIVE PLANNING SECTION and INTERIM DIRECTOR, PLANNING & ZONING DEPARTMENT APP D BY: ( -r° i " .. DATE: NICK CASALANC38fDA A-IN48TRATOR GROWTH MANAGEME DIVISION Petition No: PL201 20001 21 3/CP-2012-3 Staff Report for the November 1, 2012 CCPC Meeting Note: This petition has been scheduled for the January 8, 2013, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MELISSA AHERN, VICE CHAIRMAN CCPC Staff Report Transmittal CP-2012-3 BGTRO G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA,Comp Plan Amendments12012 Cycle Petitions\CP-2012-3 BGTRO changes dw110-9-i 2 8 Packet Page -69- 1/8/2013 Item 9.A. • BA YSHDRE / GATEWAY TRIANGLE REDEVELOPMENT OVERLAY `' almi - IIIIIIIIIII . N hi��I�ININ�11CtIN�N C� ,,IIIII NNnNN NNIIIIII 11_: /'mom OM■�.�, 111II�II 9'i`Ij 1111 IIIIIIIIII"min__ umu ': IIA1 il� \- ■1 PI Ail IIIIIIIIIt Illltlllll= sva .. :� .NI ,z ,.., tnlllllllllillll= ... r a-Gy,It/t ,It •�+�.0 T,� "IOCs-1 Mg: I!11111nN11i ii .7. iqui � 1111111111 il d _ �R .r ine .:::.:.• .s..-......_ • •Niuiiii lnm C a©1:1'� �i4 .=W / .'�.�91'I�il�,7�_IIIII IIL:IIIIIIIIIINI: �_I me- WM I= e■n91!11G:11111'ME y. ����INI 1 11 1�IIIIll1111111117111I:,T1iIIII 1, M�NIIIINLNNNNN_IM A■ ■ 11 � �'���a /� ,'`p,-1,,,Ia I.IIh nIIIINi111�.f�ll�li......N1iiMINNNM=� _,a1�1,. - 1 ^^10A1 AC. 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NNNIIIIiiiA1111N1t'� d !N11 nu um N i 9.50 AC. BOTANICAF GARDENS' CONTRACT BEING // (ELIGIBLE FOR DENSITY PROPERTY TRANSFER) NEGOTIATED IIIIII11111111111111111 � �1111111111N1111 \ CONTRACT BEING NEGOTIATED �.IIIIEY1a?;1!!nnlllll \ (ELIGIBLE FOR DENSITY TRANSFER IF PURCHASED) 1//1ND' 1=.9111111h.611111111111 �IIIIn11111t11111111111 BAYSHORE/GATEWAY TRIANGLE CC W ® REDEVELOPMENT OVERLAY BOUNDARY // IILIIIN11ii�IllIllllllII� \ -MINI TRIANGLE' / ulc CATALYST PROJECT AMENDED-JANUARY 25.2007 Ord No.2007-18 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 2/2006 FILE: BAYGATE-OVERLAY-I C.DWG Packet Page -70- 1/8/2013 Item 9.A. 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T " � ■ M. ® � :'TT TT ��9M � ill 11 " 1111111 ■�: 4,o A m6 INNIN � NNE ® i IOW; 03%cm - - ,-,.;z. , i 6,---.'r, l'44g2 INErnlill!NIMIt142 ornmg I1INIINNINliIIuii 11 11 1 1 ' Na1N111111111N!1 uV r ° MI MI NM f"` g b 6 •= 11� til f_5=■im,n d: g Mk 1 04 t ..� aa3a,ssl J I� 1 t Li ii �iY, ■�� in 4b I , , t ° .: r w. .. ` aw� �a`:+'etF`dw.., ie.e...m�>•..e.ewe. _ �eew..m� e.w'.'e ia 0 Ili PHIII If ii WV% Lir liii r , r— -, - m, _ inn E till. � I ,� fr4 Milli 1102=.0 .MI Illr:5 MN OE MINIM 111 \ rail 1 a ,., ill / ,_,, ,._. ,,Packet Page -71- 1/8/2013 Item 9.A. RESOLUTION NO. 13- 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 ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. 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, Collier County Community Redevelopment Agency staff has initiated an amendment to the Future Land Use Element to change the density bonuses allowed in the Bayshore/Gateway Triangle Redevelopment Overlay; and WHEREAS, on November 1, 2012, 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 WHEREAS, on January 8, 2013, 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 Words underlined are additions; Words strusk4hr-eugh are deletions 1 *** *** *** *** are a break in text Packet Page-72- 1/8/2013 Item 9.A. 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 January, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit "A" PL20120001213/CP-2012-3 CP\12-CMP-00865\16—Rev. 12/13/12 Words underlined are additions; Words struck through are deletions 2 *** *** *** *** are a break in text Packet Page -73- 1/8/2013 Item 9.A. • EXHIBIT "A" CP-2012-3 FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES *** *** *** text break *** *** *** OBJECTIVE 5 *** *** *** text break *** *** *** Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial- zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** I. URBAN DESIGNATION 1 Packet Page-74- 1/8/2013 ftem 9.A. *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: *** *** *** text break *** *** *** 1. The Density Rating System is applied in the following manner: *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** C. Urban Commercial District *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban 2 Packet Page-75- 1/8/2013 Item 9.A. Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. except as allowed by the Bayshore/Gatewav Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** text break *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One ore Two zoning overlays have been will-be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 3 Packet Page -76- 1/8/2013 Item 9.A. , 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). and as may be amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. - - -_ . - - -- __ - _ _ 5. Properties having frontaae on one or more of Bayshore Drive, Davis Boulevard, Airport-Pullinq Road or US 41 East, are allowed to develop as a residential-only project at a maximum density of 8 residential units per acre. In order to be eligible for this higher density the development must comply with the following: oft a. Density bonus units must be approved by the Community Redevelopment Agencv Board. b. Proiect must be in the form of a PUD. c. Project site must comprise a minimum of three acres. d. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by the Bayshore Drive or Gateway Triangle Mixed Use Overlay Districts in the Collier County Land Development Code. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5. above. In either instance, the development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District, whichever is applicable, shall apply to all new development. A 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 aad45 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following-design standards of the Bayshore Drive Mixed Use Overlay District or Gateway 4 Packet Page -77- 1/8/2013 Item 9A, Triangle Mixed Use Overlay District lithe Collier County Land Development Code, whichever is applicable. _ - - -- - _ - - _ - _ • =- . _ . - stories only. 9. For density bonuses provided for in paragraphs#4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9,10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable- workforce housing density bonus as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 45- 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs#4j#5 and #5.1 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 4-1- 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Exhibit A CP-2012-3 DRAFT 9-14-12 G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATAIComp Plan Amendments12012 Cycle Petitions\CP-2012-3 BGTRO changes dw19.14-12 5 Packet Page -78- 1/8/2013 Item 9.A. 12A D Wednesday,December 19,2012 )) NAPLES DAILY NEWS • PUBLIC NOTICE . PUBLICNOTICE PUBLIC..,NOTICE NOTICE OF PUBLIC HEARING AND - N a `. NOTICE OF INTENT TO`CONSIDER RESOLUTIONS` Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,January.. 08,2013 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail, • j Naples,to consider the Transmittal of the following County Resolutions,for Transmittal amendments to the Collier County Growth Management Plan.The meeting will commence at 9:00 A.M. • The purpose of the hearing Is to consider a recommendation on amendments to the Future Land Use Element and Future Land Use Map and Map Series;for transmittal to the Florida Department of Economic Opportunity. The RESOLUTION titles are follows: ' ., RESOLUTION NO.13- • A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COWER COUNTY GROWTH MANAGEMENT PLAN,ORDINANCE 89-05,AS AMENDED,SPECIFICALLY AMENDING THE FUTURE LAND ELE-. MENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION,AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMEND- MENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. PL20120000371/CP-2012-1,A petition requesting an amendment to the Future Land Use Map(FLUM),to change the FLUM designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation Designation for the County-owned Gordon River Greenway Park property located In Sections 27 and 34,Township 49 South,Range 25 East,consisting of 123.60+1- acres.[Coordinator.Michele Mosca,AICP,Principal Planner] • RESOLUTION NO.13 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,ORDINANCE 89-05,AS AMENDED,SPECIFICALLY AMENDING THE FUTURE LAND ELE- MENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES,AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC • OPPORTUNITY PL20120001213/CP-2012-3,a petition requesting amendments to the Future Land Use Element(FLUE),to change the Bay- shore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential-only development to qualify for the density bonus,adding an explanation of the density bonus. _ . calculation,and deleting the development standards-all without increasing the total density allowed within the Overlay;and,to add cross references to other FLUE provisions.[Coordinator.David C.Weeks,AICP,OMP Manager] • i !.. S CA DM � Collier County Florida i -.�, t o m.n u s l i S + O - '.f . ...'Ii \i All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr., • Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Collier County Government Center,3299 East Tamiami Trail, • Suite 401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section of the Planning&Zoning Department.Written comments filed with the Clerk to the Board's Office prior to Tuesday,January 08,2013,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 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 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-GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK-By: Martha Vergara-Deputy Clerk(SEAL) . No.231195040 December 19.2012 0 0 . . • _Packet Page -79-