Agenda 05/28/2013 Item # 9A 5/28/2013 9.A.
EXECUTIVE SUMMARY
Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments. (Adoption
Hearing)
OBJECTIVE: For the Board of County Commissioners (BCC) to review the 2012 cycle of
amendments to the Collier County Growth Management Plan (GMP) and consider approving
(adopting) said amendments for their transmittal to the Florida Department of Economic
Opportunity.
CONSIDERATIONS: 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. 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.
• 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.
• For this Adoption hearing, the 2012 cycle of GMP amendments consists of two petitions,
both initiated by County agencies.
• The Collier County Planning Commission (CCPC), sitting as the "local planning agency"
under Chapter 163.3174, F.S., held its transmittal hearing on November 1, 2012 for both
petitions: CP-2012-1 and CP-2012-3. The BCC held its transmittal hearing on January 8,
2013 for both petitions. The respective transmittal hearings recommendations/actions are
contained in the CCPC adoption hearing staff report.
• The CCPC held its adoption hearing on April 4 and May 2, 2013. The respective adoption
hearing recommendations are presented further below, following each petition number and
title.
• The Comments Letter from the Florida Department of Economic Opportunity (DEO), dated
February 15, 2013, indicated "no comment"within the Agency's authorized scope of review,
as did the Comments Letters from the Florida Department of Agriculture and Consumer
Services, Florida Department of Transportation, and South Florida Water Management
District. The remaining review agencies did not provide a Comments Letter. All review
agency Comments Letters received are contained in the back-up materials.
• This adoption hearing considers amendments to the Future Land Use Element (FLUE) and
Future Land Use Map (FLUM).
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is approved as to form and legality, and requires a super majority vote of the Board for adoption
and transmittal to DEO. --HFAC
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FISCAL IMPACT: There will be fiscal impacts to Collier County as a result of petition CP-
2012-3, initiated by the Bayshore/Gateway Triangle CRA, as a subsequent LDC amendment will
be necessary to implement the petition. If so, that Land Development Code amendment would
be prepared using existing staff resources and the existing budget.
GROWTH MANAGEMENT IMPACT: This is an adoption public hearing for the 2012 cycle
of amendments to the Collier County Growth Management Plan. Based upon statutory changes
that occurred during the 2011 Florida Legislative session, these GMP amendments are presumed
to be "in compliance" with applicable Florida Statutes. After adoption, the DEO and other
applicable review agencies will have 30 days (from the date DEO determines the adoption
packages are complete) to review the adopted plan amendments and, should they believe an
amendment is not "in compliance," file a challenge [appeal] to the presumed "in compliance"
determination with the Florida Division of Administrative hearings. Similarly, any affected
party also has 30 days (from the date of BCC adoption) in which to file a challenge. If a timely
challenge is not filed by DEO or an affected party, then the amendments will become effective.
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.
COMPREHENSIVE PLANNING STAFF RECOMMENDATION: The staff
recommendation follows each individual petition listed below.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
Collier County Planning Commission held its required Adoption public hearing on April 4 and
May 2, 2013. The CCPC recommendation follows each individual petition listed below.
1. PETITION CP-2012-1 (PL20120000371), 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
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to "open space, conservation or outdoor recreation use." [Coordinator: Michele Mosca,
AICP, Principal Planner]
Staff Recommendation: That the CCPC forward petition CP-2012-1 to the BCC with a
recommendation to adopt.
CCPC Recommendation: That the BCC adopt petition CP-2012-1 (vote: 7/0).
There were no public speakers.
Staff Recommendation to BCC: Same as to CCPC.
2. PETITION CP-2012-3 (PL20120001213), submitted by the Bayshore/Gateway Triangle
Community Redevelopment Agency (CRA) requesting amendments to the
Bayshore/Gateway Triangle Redevelopment 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. [Coordinator:
David Weeks, AICP, GMP Manager]
Staff Recommendation: That the CCPC forward petition CP-2012-3 to the BCC with a
recommendation to adopt.
CCPC Recommendation: That the BCC adopt petition CP-2012-3 (vote: 6/0), subject to the
changes depicted below (which are incorporated into the Ordinance Exhibit A). Principal
concerns were addressed by limiting the number of density bonus pool units that a single project
could use; requiring that a residential-only project be a redevelopment project; and, providing
additional clarity.
Words underlined are added;words struslE-tlxeugh are deleted—as approved for Transmittal to DEO
Words double underlined are added;words are deleted—as recommended by CCPC for Adoption
F. Bayshore/Gateway Triangle Redevelopment Overlay
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 via use of the density bonus pool identified in paragraph 11, except that no
project may utilize more than 97 units-25%of the total density pool units available. The
97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a
cap on the use of the 388 density pool units for any one project. In order to be eligible
for this higher density, the project must be integrated into a mixed-use development with
access to existing neighborhoods and adjoining commercial properties and comply with
the standards identified in Paragraph #8, below, except for mixed use projects developed
within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway
Triangle Redevelopment Overlay Map. The"mini triangle" catalyst project site is eligible
for the maximum density of 12 units per acre, with development standards as contained
in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006
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(Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63
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 a future zoning overlay.
5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-
Pulling Road or US 41 East, are allowed to redevelop as a residential-only project at a
maximum density of 8 residential units per acre via use of the density bonus pool
identified in paragraph 11 except that no project ma utilize more than 97 units - 25% of
the 388 total density pool units available. The 97 unit cap will terminate when the BCC
adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool
units for any one nroiect. In order to be eligible for this higher density the redevelopment
must comply with the following:
a. Project shall tafitiot be in the form of a PUD.
b. Project site shall be a minimum of three acres.
Project shall constitute redevelopment of the site.
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.
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 paragraphs 4 and 5, above.
eitherstenee7—t The development 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, shall apply to all new development
within the Activity Center. • - - . .-. . -- - . : -
9:10. _ : :_ _—: _ . ___ — _ _:_:._ •- = : _
oftly 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.
-10- 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 abov; for that poftio,-o£ the
'- =•--- -- _ • _ - . 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.
There were no public speakers.
STAFF RECOMMENDATION: Staff recommends adoption of the 2012 cycle of GMP
amendments, and transmittal to DEO, subject to the CCPC changes to CP-2012-3 shown above -
except that staff does not support requiring a residential-only project to be a redevelopment
project.
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CCPC RECOMMENDATION: The Collier County Planning Commission recommends
adoption of the 2012 cycle of GMP amendments, and transmittal to DEO, subject to the changes
to CP-2012-3 as shown above.
Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section,Planning
& Zoning Department, Growth Management Division/Planning and Regulation
Attachments: 1) CCPC Adoption Staff Report; 2) CP-2012-1 Ordinance with Exhibit "A" Map;
3) CP-2012-3 Ordinance with Exhibit"A" Text
Executive Summary Adoption 2012 cycle GMP.As
G:\COES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\BCC Adoption dw/2-2;-13&5-2&3&7-13
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.A.
Item Summary: Recommendation to approve the 2012 Cycle of Growth Management
Plan Amendments. (Adoption Hearing)
Meeting Date: 5/28/2013
Prepared By
Name: WeeksDavid
Title: Manager-Planning,Comprehensive Planning
5/2/2013 2:58:46 PM
Submitted by
Title: Manager-Planning,Comprehensive Planning
Name: WeeksDavid
5/2/2013 2:58:48 PM
Approved By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
Date: 5/6/2013 2:06:03 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 5/8/2013 10:06:48 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/15/2013 1:16:05 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 5/16/2013 9:26:55 AM
Name: KlatzkowJeff
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5/28/2013 9.A.
Title: County Attorney
Date: 5/16/2013 3:11:04 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/16/2013 4:13:43 PM
Name: OchsLeo
Title: County Manager
Date: 5/20/2013 6:16:11 PM
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Agenda Items 9.A&B
�o er �,taz9.rtty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND
REGULATION, PLANNING & ZONING DEPARTMENT,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: APRIL 4, 2013
SUBJECT: 2012 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS
(ADOPTION HEARING)
ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE
MAP
Transmittal hearings on these amendments were held on November 1, 2012 (CCPC,
Collier County Planning Commission) for both petitions CP-2012-1 and CP-2012-3; and,
January 8, 2013 (BCC, Board of County Commissioners) for both petitions CP-2012-1
and CP-2012-3. The respective Transmittal recommendations/actions are presented
further below, following each petition number and title.
Within the CCPC binder you will find the Transmittal Executive Summary from the
January 8, 2013 BCC hearing and certain attachments referenced therein, and the
Transmittal CCPC staff report for each petition, all of which provide staffs detailed
analysis of each petition.
REVIEW AGENCY COMMENTS LETTERS:
After review of the Transmitted GMP amendments, the Florida Department of Economic
Opportunity (DEO) rendered its Comments Letter indicating "no comment" within the
Agency's authorized scope of review, as did the Florida Department of Agriculture and
Consumer Services, Florida Department of Transportation, and South Florida Water
Management District. The remaining review agencies did not provide a Comments
Letter. The Comments Letters received are located within the CCPC binder.
PROPOSED AMENDMENTS
A. PETITION CP-2012-1 (PL20120000371), 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." [Coordinator: Michele Mosca, AICP, Principal Planner]
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Agenda Items 9.A&B
The subject site was rezoned in 2011 to P, Public Use zoning district, and a scrivener's
error ordinance was approved in 2013. The site will contain a passive park with facilities
including trail/boardwalk, kayak launch, restrooms and parking lot.
TRANSMITTAL
STAFF RECOMMENDATION: Transmit to DEO.
CCPC RECOMMENDATION: Transmit to DEO (vote: 8/0).
BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation.
ADOPTION
STAFF RECOMMENDATION: Adopt as transmitted.
B. PETITION CP-2012-3 (PL20120001213), 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. [Coordinator: David Weeks, AICP, GMP Manager]
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 only in the
LDC allows for a site-specific request for deviation or variance, which can be evaluated
on a case by case basis.
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Agenda Items 9.A&B
TRANSMITTAL
STAFF RECOMMENDATION: Transmit to DEO.
CCPC RECOMMENDATION: Transmit to DEO (vote: 8/0).
BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation.
ADOPTION
STAFF RECOMMENDATION: Adopt as transmitted.
STAFF RECOMMENDATION OVERALL:
That the CCPC forward petitions CP-2012-1 and CP-2012-3 with a recommendation to
adopt as transmitted; and, to transmit both petitions to the Florida Department of
Economic Opportunity.
Prepared By: — -'"f Date: s . ,~i. /
David Weeks, AICP, GMP Manager
Comprehensive Planning Section
Reviewed By: > Date: 3- t
Michael Bosi, AICP, Planning Manager
Comprehensive Planning Section, and
Interim Director, Planning &Zoning Department
,./27,1
Approved By: 77
Nick Casalan Ida, De.• ystrator
Growth Management Division/Planning & Regulation
COLLIER COUNTY PLANNING COMMISSION:
MR. MARK STRAIN, CHAIRMAN
2012 cycle GMPAs-Adoption(petitions CP-2012-1 &CP-2012-3).
Staff Report for April 4,2013 CCPC hearing.
NOTE:This cycle of petitions has been scheduled for the May 28,2013 BCC hearing.
CCPC Staff Report Adoption 2012 cycle GMPAs CP-2012-1&3
G:\CDES Planning Services\Comprehensiae\COMP PLANNING GMP DATA1Comp Plan Amendments\2012 Cycle Petitions\CCPC Adoption
dw/2-27-13&3-20-13
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ORDINANCE NO. 13-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND ELEMENT FUTURE LAND
USE MAP (FLUM) TO CHANGE THE DESIGNATION OF THE
GORDON RIVER GREENWAY PARK TO THE
CONSERVATION DESIGNATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Collier County has prepared plan amendments to the Future Land Use Map
(FLUM) to change the designation of the Gordon River Greenway to the conservation
designation; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on January 9, 2013 after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Map (FLUM)to the Growth Management Plan and transmitted its comments in
writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments,
and other documents, testimony and information presented and made a part of the record at the
Words underlined are added;words struck-through are deleted; Page 1 of 3
row of asterisks(***)denotes break in text
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5/28/2013 9.A.
public hearings of the Collier County Planning Commission held on April 4, 2013, and the
Collier County Board of County Commissioners held on ; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The Board of County Commissioners hereby adopts these amendments to the Future
Land Use Map(FLUM) in accordance with Section 163.3184, Florida Statutes. The amendment
is attached hereto as Exhibit"A" and incorporated herein by reference.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of ,2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
Words underlined are added;words struck-through are deleted; Page 2 of 3
row of asterisks(***)denotes break in text
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5/28/2013 9.A.
Approved as to form and legal sufficiency:
c.
Heidi Ashton-Cicko 2
Managing Assistant County Attorney
CP\12-CMP-00863\19—Rev.031413
Words underlined are added; words struck-through are deleted; Page 3 of 3
row of asterisks(***)denotes break in text
7 '
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5/28/2013 9.A.
ORDINANCE NO. 13-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND ELEMENT RELATING TO
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
OVERLAY AND DENSITY BONUSES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Collier County Community Redevelopment Agency staff has prepared plan
amendments to the Future Land Use Element to change the density bonuses allowed in the
Bayshore/Gateway Triangle Redevelopment Overlay; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on January 9, 2013 after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments,
and other documents, testimony and information presented and made a part of the record at the
CP-2013-3 \Bayshore GMP Page 1 of3
Rev. 5/02/13 Words underlined are added;words struck-through are deleted;
row of asterisks(***)denotes break in text
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5/28/2013 9.A.
public hearings of the Collier County Planning Commission held on April 4, 2013 and May 2,
2013, and the Collier County Board of County Commissioners held on May 28, 2013; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The Board of County Commissioners hereby adopts these amendments to the Future
Land Use Element in accordance with Section 163.3184, Florida Statutes. The amendments are
attached hereto as Exhibit"A"and are incorporated herein by reference.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DA 1E.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders,development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration
Commission, this amendment may nevertheless be made effective by adoption of a resolution
affirming its effective status, a copy of which resolution shall be sent to the state land planning
agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of ,2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
BY:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
CP-2013-31Bayshore GMP Page 2 of 3
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row of asterisks(***)denotes break in text
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Approved as to form and legal sufficiency:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit"A"
CP\12-CMP-00865\30
CP-2013-3\Bayshore GMP Page 3 of 3
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1
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/Gatewav 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
Words underlined are added;words stFuek-ttwu are deleted—approved by CCPC 5/2/13.
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*** *** *** 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
Words underlined are added;words etruck thru are deleted—approved by CCPC 5/2/13.
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3
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 *** *** ***
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-eere 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.
Words underlined are added;words uolc 14x4 are deleted-approved by CCPC 5/2/13.
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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 via
use of the density bonus pool identified in paragraph 11, except that no project may utilize
more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will
terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the
388 density pool units for any one project. In order to be eligible for this higher density, the
project must be integrated into a mixed-use development with access to existing
neighborhoods and adjoining commercial properties and comply with the standards identified in
Paragraph#8, below, except for mixed use projects developed within the "mini triangle" catalyst
project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The
"mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with
development standards as contained in the Gateway Triangle Mixed Use District zoning
overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006
(Ordinance No. 06-63). For projects that do not comply with the requirements for this density
increase, their density is limited to that allowed by the Density Rating System and applicable
FLUE Policies, except as may be limited by a future zoning overlay.
5. Properties with access to Bayshore Drive, are allowed a maximum density of 12 residential
5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pullinq
Road or US 41 East, are allowed to redevelop as a residential-only project at a maximum
density of 8 residential units per acre via use of the density bonus pool identified in paragraph
11 except that no project may utilize more than 97 units - 25% of the 388 total density pool
units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment,
limitations and a capon the use of the 388 density pool units for any one project. In order to be
eligible for this higher density the redevelopment must comply with the following:
a. Project shall be in the form of a PUD.
b. Project site shall be a minimum of three acres.
c. Project shall constitute redevelopment of the site.
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.
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 paragraphs 4 and 5, above. The development
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, shall
apply to all new development within the Activity Center. - - - - - -- 2- - ----
€tandards.
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
Words underlined are added;words stFue are deleted—approved by CCPC 5/2/13.
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5
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.
..• -- -- --• - , -e--- . - ._-. - - _- • -- - = • - - stories only.
of 20,000 square feet grow,floor area.
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. - - - - - -- - - - --- - - - - ' -- - - .e.e - -- -•
- - - - -- --- - - -- - - ' -- - - - , - 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.
40 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, = -- -= -- - -- ' - -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.
1-4, 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 Q'-2012.3 approved by CPC 5.243-clean
G:\QICS Planning Services`Comprehenxive\COMP PLANING G GAD'DATA\Compt Plan Amendments\2012 Cycle Petitions\CP-2012-311GTAD tinges dw/i0-#-12&4-23&24-13 S 5-2-13
Words underlined are added;words struck strtrek-ttwu are deleted-approved by CCPC 5/2/13.
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NAPLES, DAILY NEWS « Wednesday,May.8,2013 K 17A •
•
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
• NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice Is hereby given that the Golfer County Board of County Commissioners will hold a public hearing on
Tuesday,May 28,2013 in the Board of County Commissioners Chamber,Third Floor,Collier County Government
Center,3299 E.Tamiami Trail,Naples,to consider the Adoption of the following County Ordinances,for transmittal
of the Adoption 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 of-the Adoption amendments to the ,
Florida Department of Economic Opportunity(DEO). The Ordinance title is as follows: '
•
ORDINANCE NO.13-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COWER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA,SPECIFICALLY
AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP(FLUM)TO CHANGE THE DESIGNATION
OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, PROVIDING FOR
SEVERABILITY,AND PROVIDING AN EFFECTIVE DATE.
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+acres.[Coordinator.Michele Moses,MCP,Principal Planner]
ORDINANCE NO.13-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY,FLORIDA,SPECIFICALLY
AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT OVERLAY AND DENSITY BONUSES,PROVIDING FOR SEVERABILITY,AND PROVIDING
• AN EFFECTIVE DATE.
PL2 01 20 0 01 21 3/CP-2012-3,a petition requesting amendments to the Future Land Use Element(FLUE),to
change the Bayshore/Geteway 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,GMP Manager]
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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,FL.,between the hours of 8:00 A.M.and 5:00 RM.,Monday through
1 Friday.Furthermore the materials will be made available for Inspection at the Collier County Clerk's Office,fourth
floor,suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any
questions pertaining to the documents should be directed to the Planning&Zoning Department,Comprehensive
Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,May 28,2013,
• 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 I
the Board of County Commissioners Office.
BOAR17 OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK
By:Teresa Cannon-Deputy Clerk(SEAL)
No.231195031 May 8.2013
. Packet Page-34- may.