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Backup Documents 05/28/2013 Item # 9A .1.IL 9 A i COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: '4t X Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div: Planning&Zoning/GMD Person: Marcia R.Kendall, Senior Planner Date: 4/30/2013 Petition No.(If none,give brief description): PL20120000371/CP-2012-1 &PL20120001213/CP-2012-3 Petitioner: (Name&Address): Wayne Arnold,Q.Grady Minor&Associates 3800 Via Del Rey,Bonita Springs, FL 34134(Agent) for Barry Williams,Director Parks&Recreation,(Applicant).and Jean Jourdan,Director Bayshore/Gateway Triangle CRA,4069 Bayshore Drive,Naples,FL 34112(Applicant). Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet)N/A Hearing before X BCC BZA Other Requested Hearing date:May 28,2013,(Based on advertisement appearing 20 days before hearing(or May 08,2013). Newspaper(s)to be used: (Complete only if important): X Naples Daily News Account#068778 ❑ Other ❑ Legally Required Purchase Order number: 4500140285 Proposed Text: (Include legal description&common location&Size: the ad should be a%page advertisement and must not be placed in that portion of the newspaper where classified ads appear. Companion petition(s), if any&proposed hearing date:N/A Does Petition Fee include advertising cost?X Yes ❑ No If Yes,what account should be charged for advertising costs: 111-138317-649100-00000 Reviewed by: Division Administrator or Designee Date List Attachments: BCC Advertising Request, Advertising Map and Resolutions DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office 13. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USt1 QN Y Date Received: ,I72 1.9 Date of Public hearing: c fr5ate Advertised: h 9A Teresa L. Cannon From: KendallMarcia <MarciaKendall @colliergov.net> Sent: Tuesday, April 30, 2013 2:02 PM To: Minutes and Records Cc: Bosi, Michael; Brock, Mary Jo; Neet, Virginia; Patricia L. Morgan; Rodriguez,Wanda; Weeks, David;Wells, Laura Subject: 2012 Cycle Adoption BCC Advertisment Request Attachments: BCC Advertisement 2012 Cycle Adoption.rtf; 2012 Cycle Ad Map.pdf; 2012 _Cycle_Adoption_BCC_Ad_Route_Sheet.pdf; PL20120000371_CP-2012-1_Ordinance_rev_ 031913.pdf; PL201200001213_CP-2012-3_Ordinance.pdf Please process the attached and acknowledge receipt at your earliest convenience.The Ordinances and the backup to them have also been attached. Thank you! [Note:As a heads up,an update to the ordinance exhibit for PL2o120oo1213/CP-2o12-3 will be provided prior to the BCC 5/28/2013 meeting,as it is still pending CCPC, including consent to be heard on the same day. The ordinance for PL2olz0000371/CP-2012-2 has been to CCPC and will not change.] Cor&c Uy, Marcia R. Kendall, Senior Planner Growth Management Division/Planning& Regulation Planning&Zoning Department Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2387 EFax: (239) 252-6675 MarciaKendallPcolliergov.net Under Florida Lew,e-mail addresses a re public records. It you do not want your e-mail address released in response to a public records equest,do not send electronic mail to Otis entity. Instead,contact this office by telephone or in writing. 1 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier 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 ORDINANCE, 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 COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE 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 Mosca, AICP, 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 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 AN EFFECTIVE DATE. PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/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, GMP Manager] 1 94 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 P.M., Monday through 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 the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/ Deputy Clerk (SEAL) 2 t 9A I T 46 S I T 47 S I T 48 S I T 49 S I T 50 S I T 51 S 1 T 52 S I T 53 S 00 021VM088 A1Nf100 30V0 AJNf1 W SC CO Q n C W O ID CO CO V I U s ` ri 0 0 W ■ •— W Z0Z ■ W N 0 x CO CC U a W 1 m o a s 6 ALNf100 AMON3H W :A O o S CO U \ sz —8S a-.as z — 8 \ Fes. U } aN V W rc Z *-''4, 6Z_a.s --.., �> cc CN K 3yy' r.,,,� 7 i1 mil,-3''''-, -.'-,';'----0, `''��`" 41/ CO N 6 I 1- oi .UNf100 331 W \ � y {� N Q e7 Jy \„M-"c 2;j� `� Zs `-si�;-% ci 0. le y b�. '1L( ?A, ( \ W 196—a•0 A \t � �C .�,, _ �ii ass-•as N o m ��r ESL—�® a lig l� �� .0=ri 00 m- z5'0!11210d21V W : 2 O6a4 ` e W o`i fi7 —�MAr 1ti -5•( in s N m PT:67 Q `___ -: � • JJ a 1S . / U 4N S ODr z 1.� N c. Me% r a U 0f woo cut,f e)00 6'a 9A 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 (PLUM) 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 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 9A Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney CP\12-CMP-00863\1 9—Rev.031413 Words underlined are added;words struck-through are deleted; Page 3 of 3 row of asterisks(***)denotes break in text 911• T 48 S T 47 S T 48 „S„ T..:—i5:0 l I0 T i 51 I"S! 1 8‘i l 2 9 T 53 S — 1 7 1 1 ,i• :1 - e if i;-,:,,,,g4-4•.42-,-,121,41.!!! 1 <.11.!:••..k.l.''•; li . ,.; i'ili.A 14 i g 1:.1"'",1'',It -” '!1'0.'.141 ai 1 cp ci C) ; • ' ' Cil . „, 1 / CL , i g 1 ,i.; ,.i ti. ,,., , i .,4 / o ' i w.h. 1 I.,,.; i 4 4 L 2 i :8f.''. gi ;: I i 1 t,;,. i Li,t.! i:!i . i /,,,ti i it-! c f ti i - E 1 ..i. g g- 1 -z.• ; )i vi,I: il 1 ' ; I J ' 1 ! ISMEArJr31 I I j I. . ,.. c 9 1 it tt r , 1 A R 1 IV 1 1. i 1 i ti , 1 P At 1 ( I IL !f'.. 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F I,."., f l'Ae'c i r o GILA,./ .,,.. 888 M 33 CO To(;4 8■•• ,---.:,-.8 !: ",..-,3! n a. , SCSI :1411.' ,i'11. ti. 31,1 38 av Ia. tr) 0 s lc 1 : $ Z9 / , Ix 1 s Ls, i .E, s et i 1 s st 1 s 09 1 1 S 98 / ... 9A 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 SEVERAB.ILITY; 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 Words underlined are added;words struck-through are deleted; Page 1 of 3 row of asterisks(***)denotes break in text 9A 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 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 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 911 Approved as to form and legal sufficiency: It Heidi Ashton-Cicko Managing Assistant County Attorney CP\12-CMP-00865\20 Words underlined are added;words struck-through are deleted; Page 3 of 3 row of asterisks(***)denotes break in text 9A 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 • *** *** *** 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 9A 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-amore 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 9A 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 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 protect 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. 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. 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 in the Collier County Land Development Code, whichever is applicable, shall apply to all new development. A zoning overlay may be developed for these 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 and45 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. 4 9A __ - _.__ • _...._ _ _ ._... . stories_ _ _ __• _ _ , __ _ _ _. _ _ _ - only. of 20,000 square feet gross floor area. g. One or more zoning overlays may be adopted which may include more restrictive 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. &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. 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 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. 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. ExhibitA CP-2012-3 DRAFT 10-4-12 G:ICDES Planning Services\ComprehensivelCOMP PLANNING GMP DATA1Comp Plan Amendments12012 Cycle PeGtions1CP-2012-3 BGTRO changes dw/10-4-12 5 9A Acct #068778 April 30, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CP-2012-1 & CP-2012-3 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (W/Map) on Wednesday, May 8, 2013 and send the Affidavits of Publication, in Triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500140285 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier 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 COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE 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 Mosca, AICP, 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 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 AN EFFECTIVE DATE. PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/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, 1 9A AICP, GMP Manager] 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 P.M., Monday through 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 the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) 2 t 9 TA I T 46 S I T 47 S I T 46 S I T 49 S I T 50 S I T 51 S I T 52 S I T 53 S A.Nn00 08VMO88 A1NnOO 30V0 W v m IQ C W O it m m m U Ui CC Ile o 3 W ■ U •■ LL. L C W a ■m 0 = s V N W I Z U C.1 8 Q O Z ALNn00 A80N3H 2 WL N 0 5 m u °C - ,.,____ cci/ \ 6Z-WS 6z-'8'S w O U W K ( fl` : = wa ' 'rA?C a 2 6Z 85 � m ( "z`I - z 1' v 4 1 11 2 x `}`1 ;� ,, -,„e4,,,--,,,-! ,,,s'? uNnoO 331 " = s v ss y Gs"s N p" f te s r . 5. L g N J t6 b J f:'-r.��} W U LSS_8.O ' 0 `'-V ((,jj'�ll-I,,$) ( 1 ay,,,.,r_ 117 N c. co A 1.96 -'8S 6 m U 5- � o � ~�' �� ' SL-I a n o _ r,� .- z�� — w Z � U. m '08 180d81V ��m _j 64 .1 z`o•W I. O M1a J V7 ' —� �' El q' . it-S a a �' az°5 d. cc ,ti--i V41:_,� VI pG(/I U 7 �< O ♦ N <a� N Z 0 5, N Me%1 a g a 0f m<� Gulf . °10. El 0 a5o ' 9 A ),_ County of Collier CLERK OF THECIR ,UIT COURT g �. Dwight E. Brock COLLIER COUI*TY COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 1021.. ; P.O. BOX 413044 Accountant NAPLES, FLORIDA v, ;NAPLES, FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds April 30, 2013 Q. Grady Minor & Associates D. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34134 Re: CP-2012-1 & CP-2012-3 (Display Ad w/map) Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Tuesday, May 28, 2013, as indicated on the enclosed notice. The legal display notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 8, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 4er 1 esa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 9A Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: CP-2012-1 &CP-2012-3 Display Ad w/Map Attachments: CP-2012-1 &CP-2012-3 (5-28-13).doc; CP-2012-1 &CP-2012-3 (5-28-13).doc; CP-2012-1 &CP-2012-3 (5-28-13).pdf Legals, Please advertise the attached Display Ad w/Map on Wednesday, May 8,2013.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 9A Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, May 07, 2013 10:04 AM To: Teresa L. Cannon Subject: Ad Proof Attachments: NDN231195031[2].BCC.Ad Proof.pdf Importance: High Hi Teresa! Please provide approval ASAP for publication on 05.08.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239)325-1251 I cpolidora(a naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 1 9A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier 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 COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE 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 Mosca,AICP,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 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 AN EFFECTIVE DATE. PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/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,GMP Manager] 1 CA . -5 ' C.a s a MOONY CO., CP-3011-7 �m= . u-u ,-m map xwu ;ill y cPao+la g S \`f 4t R H : p i7 r /^g 7 / 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 P.M., Monday through 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 the Board of County Commissioners Office. BOARD 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 05/07/2013 09: 50 2393251251 NAPLESNEWS PAGE 01 9 A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that the Collier 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.Tamlami Trail,Naples,to consider the Adoption of the following County Ordinances,for transmittal of the Adoption amendments to the Cosier 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 thc 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 COLUER COUNTY GROWTH p t� MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA,SPECIFICALLY AMENDING 6 FUTURE LAND THE GORDON RNER�GREENWAYU PARK LAND THE CONSERVATION DESIGNATION, PROVIDING FOR SEVERABIUTY,AND PROVIDING AN EFFECTIVE DATE- { P1Z0120000271/CP-2012-1, A petition requesting an amendment to the Future Land Use Map (FLUM), to change the FLUM designation from Urban-Mixed Uso District/Urban Residential Subdistrict to Conservation q Designation for the County-owned Gerd on River Greenway Park property located In Sections 27 and 34,Township JtCA' 49 South,Range 25 East.consisting of 123.60+acme.[Coordinator:Michele Moaca,AICP,Principal Planner[ ``,` ORDINANCE NO.19- v AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED. THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLUER COUNTY.FLORIDA.SPECIFICALLY REDEVELOP ENT OVERLAY AND DENSITY BONUS RELATING PROVIDING FOR SEVERABIUTY AND PROVIDING AN EFFECTIVE DATE. PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bays/lore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development.adding allowance for reeiderttlel-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.[Coordtnstor•.David C.Weeks,AtCP,GMP Manage'j VI. arw v �. ,,. lam WOW 1.017 � . .w 1 i ....' 4lb ,,,,,, 11� � r fl 1 ..... A . .., , tat v.„... nJ • ' o I All interested parties are Invited to appear and he 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 P.M., Mondey through Friday.Furthermore the materials will be made available for inspection at the Collier County Cler'k's Office,fourth fioor,suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should bo directed to thc Planning&Zoning Department.Comprehersive Planning Section.Witten comments filed with the Clerk to the Board's Office prior to TUesday,May 28, will be-cad 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 mailer 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 cntided.at no Cost to you,to the provision of certain assistance. Please contact the Collier County FacitRiee Management Department,located at 3335 Tdmiaml Trail East,Suite 4101,Naples,FL 34112-5356.(239)252- 8780.at least Iwo 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,ESO.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon•Deputy Clerk(SEA1-) No...2 'tom Mav 8,2013 55/07/2013 11:43 12397740225 COUNTY ATTORNEY PAGE 01 2'59752$Use COWEN Y,k,B BOARD KN t3 I)RECORDS `0:15,47 a m. 05-07-2.013 T+1 _05/07I�13 09:99 23�329i251 hWl°L.fi 17F.iB PAGE @: 9A ' S-c—T a PUBUC 7i- NOI10E OF INTENT TO COMM ORDINANCE ' evict is hmoitgam,ihat ato aMarcma ty 11041.Or eSrroRy 4n.nirl••••Or beld•ttxrgRt►+area'+tf 0111 *ssd :elms&arsklihieleePeedreseinger Otenrisekernpeefitetat,TIMO Paw,CAW 010,13r 0.14 01Wa Cesar sego I. +aw%Do.mow 14*aeaarxtrs oginan eitrtal***O vtw+ 'W dlit�l0oiw4t s.momarar MOO dG Q•*�P 4U4 saM Islam Thatalairmo so *fie AM mg.porcgaa.at b agaMe ii Ni emvix2 2+mow.diFaa w.222g2ew42 to t>M PMtire tort 1,7e2 i t WA Farm 1.1117 MR Map is+d WIMP i•rter fla-VM M•310*a h a riam MWROWIMI10 Pa stamp DapproreM d&roma Oplo rY Y►sbdrm***OW igligliallim OFICOasiona,WO 2, saolmilaMou PLM FOR 110 4.1111 Ma a OICLWI MOM PAPAS,SPECIROPLLY WeMOG 1 fiSVPE Witt USE UMW MOMS WO rye 114v Fu>reo lc flye pypttgOCee CO 'Mt 001000t 'IAA mo"""w+ POW SO Olt MAsoli44110,4 osistuomoN. 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"Wed a ow rafessr eersessead el welt rewire fr►rPAMS•t*rS mold a"WS el 10w1 'b ay*ptrprt.lug,may molt b moo eme a cost en hood VI*seeeesanot is ensee rf4r areas fes1ttRrw vet etiOnessoar aeis+lee Wed i le br tll•a. et yam amilis mtaarrwQhrdsslak,ef*Mw>Mareeffe +r an MOM,INSOlv11 Ai lb*FOu=0.4119.-Sual re VOW.oar MO ra see„Or4+pwe*Ssoi of r+deli wldere` std esttale Owes Peelle•. leaswerrisee tJisrrte see,esualsee§ _sus la eleso TIMa eaR Set taugsm.. sm.snows MDd�af14tote _ P masirOOutwa4 A d (1R MA d aA meoleede in gel ewe se cisme/Cheerfesesme1070oL go,s OOF G sueefr QOa *Ohfint-OOLtst 4701.101t MLOaDA 1 OlIPOWA a.MA I.00-OtAliNOAAAN MONT C MOCK C,LIPas . try:Timis Car.>vti•DMA"CU*ilWila etil 4.—+ 9A Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Tuesday, May 07, 2013 12:59 PM To: Teresa L. Cannon Subject: RE:Ad #1987115 Attachments: NDN231195031[1]. Revised BCC Proof.050813.pdf Importance: High Teresa, This just came in...glad to hear everything is fixed... Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Tuesday, May 07, 2013 12:09 PM To: Polidora, Carol Subject: RE: Ad #1987115 Hi Carol, We are up and running, if you can email the corrected version of Ad#231195031, I will get the ok to run sent over to you.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239-252-8411 239-2552-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, May 06, 2013 4:27 PM To: Teresa L. Cannon Subject: RE: Ad #1987115 Will have this to you tomorrow morning... Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239)325-1251 I cpolidoraOnaplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 1 9A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier 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 COLLIER 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 Mosca,AICP,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 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 AN EFFECTIVE DATE. PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/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,GMP Manager] , o ,r � e. 111:V PRIS WE RD � .ew uc aw. R xounr cuxn CP-2012-1 Ilan IT ex.-e. 6.-73.� r x.e,Ee I cP-201xa C i E 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 PM., Monday through 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 the Board of County Commissioners Office. BOARD 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 9a Teresa L. Cannon To: Polidora, Carol Subject: RE:Ad #1987115 Looks good, ok to run.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Tuesday, May 07, 2013 12:59 PM To: Teresa L. Cannon Subject: RE: Ad #1987115 Importance: High Teresa, This just came in...glad to hear everything is fixed... Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239) 325-1251 I cpolidoraAnaplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, May 07, 2013 12:09 PM To: Polidora, Carol Subject: RE: Ad #1987115 Hi Carol, We are up and running, if you can email the corrected version of Ad #231195031, I will get the ok to run sent over to you.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE NAPLES DAILY NEWS Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Published Daily Tuesday,May 28,2013 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Y Center,3299 E.Tamiami Trail,Naples,to consider the Adoption of the following County Ordinances,for transmittal Naples,FL 34110 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 Affidavit o f Pub lic ati' 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: State of Florida ORDINANCE NO.13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH Counties of Collier and Lee AMENDING THE FUTURE LAND ELEMENT UNINCORPORATED O O FLORIDA, FUTURE LAND USE MAP(FLUM) H M))TO ANGEITHE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, PROVIDING FOR Before the undersigned they serve as SEVERABILITY,AND PROVIDING AN EFFECTIVE DATE. appeared Davidson, who on oat] PL20120000371/CP-2012-1, A petition requesting an amendment to the Future Land Use Map (FLUM), to pp d Am y change the FLUM designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation Inside Sales Supervisor of the Naples 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 Mosca,AICP,Principal Planner] newspaper published at Naples, in ORDINANCE NO.13- distributed in Collier and Lee countie AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH attached CO of the advertising, bei, MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY copy AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, PROVIDING FOR SEVERABILITY,AND PROVIDING �T AN EFFECTIVE DATE. PUBLIC NOTICE PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/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 in the matter of PUBLIC NOTICE 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] was published in said newspaper 1 tit 1 — R� l on May 8, 2013. .W.r o Affiant further says that the said Nh CP-2012-1 i'HI' _ �w • ,_,5 published at Naples, in said Collier C — _3 �n a newspaper has heretofore been contir .w ss GP-7017) County,Florida; distributed in Collie each day and has been entered as sect office in Naples, in said Collier Coun ,, °z, year next preceding the first publicat o 2 advertisement; and affiant further say All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan promised any person, firm or corpora 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 P.M.,Monday through commission or refund for the purpose 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 pub cation in the said new•paper. 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, NO id will be read and considered at the public hearing. ,� �� If a person decides to appeal any decision made b y the Collier County Board of County Commissioners with ( ignature 1 affiant) 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 Sworn to and subscr al3.- before me 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- Thi i 7 5th day of 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. ii BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA 1r Lr�_ GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon-Deputy Clerk(SEAL) (Signature of notary public) By: 231195031 May 8.2013 — POLIDORA *° ,� MY CO, MMlSS{QT`!#72 851758 t EXPIRES:NovernbOT 28,2014 -;ai oQ'•' Bonded Thru Plchard insurance Agon=Y o;FtO . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP joi TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A e THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR r1 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office '/iv CJ. 14 j 4. BCC Office Board of County �� , Commissioners \� .0 ..k 5\7,-\\\,- 5. Minutes and Records Clerk of Court's Office c.---PrY\ 5/2-11(3 q:1-10pm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David C. Weeks, ICP,GMP Manager Phone Number 252-230 Contact/ Department Agenda Date Item was Ma 28,2013 Agenda Item Number 9A • Approved by the BC Type of Document 2 Ord' :nces(1 w/Backup Exhibit`A' Text Number of Original 2 jig Attached and • e with Backup Exhibit`A' Map Documents Attached PO number or account 1/A number if document is to be recorded 2(3-4 ( + o?-O 13-'{2- INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? mk 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed mk by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the mk document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ink signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip mk should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware your deadlines! 8. The document was approved by the BCC on 5/28/2013(enter date)and all changes mk made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the mk BCC,all changes directed by the BCC have been made,and the document is ready fo e Chairman's signature. 'E� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Re -I{2.24`.05; t• ' ed 11/30/12 9 A k*- MEMORANDUM Date: June 11, 2013 To: David Weeks, Manager Comprehensive Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2013-41: A 2012 Cycle GMP Amendment changing the designation of the Gordon River Greenway Park to the Conservation Designation Attached for your records is a copy of the ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on Tuesday, May 28, 2013. The Minutes and Records Department has held the original for the Board's Official Record. Thank you. Attachment 9A MEMORANDUM Date: June 11, 2013 To: Heidi Ashton-Cicko, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2013-41: A 2012 Cycle GMP Amendment to change the designation of the Gordon River Greenway Park to a Conservation Designation Attached for your records is a copy of the ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on Tuesday, May 28, 2013. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 9A MEMORANDUM Date: June 11, 2013 To: Marcia Kendall, Senior Planner Comprehensive Planning Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2013-41: A 2012 Cycle GMP Amendment changing the designation of the Gordon River Greenway Park to a Conservation Designation Attached for your records and per request is a certified copy of the ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on May 28, 2013. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 9A MEMORANDUM Date: June 11, 2013 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2013-41: A Growth Management Plan Amendment to change the designation of the Gordon River Greenway Park to a Conservation Designation Attached for your records is a copy of the ordinance referenced above, adopted by the Board of County Commissioners on Tuesday, May 28, 2013. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 9A ORDINANCE NO. 13- 41 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 USE 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 CA 9A { public hearings of the Collier County Planning Commission held on April 4, 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 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 28th day of May, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BR,Oc , CLERK COLLIER COUNTY, F ORIDA �� Z`rA ic N �� ° .off w, B _ w AI uty GIerk '' .N. s, � iau s .,, , r- A t. T &` T -'N �c-sr r,tr►ly Y AcG- VYM0.Or1 Words underlined are added; words struck-through are deleted; Page 2 of 3 row of asterisks(***)denotes break in text 0 9A Approved as to form and legal sufficiency: f ■_ d _ ,(D He di Ashton-Cicko Managing Assistant County Attorney CP\12-CMP-00863\23—Rev.05/07/13 Words underlined are added;words struck-through are deleted; Page 3 of 3 row of asterisks(***)denotes break in text c^` 1 I0 T 48 S T 47 S T 48 S I T 48 S I T 50 S T 51 S I T 52 S 53 S I N 1 i i 1 i A g § ii A N 4 0 i § 4g . i - - ,_ , 1s a"ag'a C'‘—' I: "..1eg_ e6ex „a5 [L ` a a l $ v i e x e kA nA s. „ U 4 - 44ei3is4 e38 ;4WD $ 6 5 gr. 5$ $ 8fs k k Vg i & e u gr. 3 s G u z Z i € u z . @ a i i s Qa $ a e e a a 3 a x Id a s O � E s �' w .r; a i= i n ,14 $ 4 4 i w w w 3 3 w i !V:wv V 1v wv V.1V wv wV wa ° 1V wv A1N�,03 lava 1'— bt 1 F y y u S i 6 5� g 1 UJ LL a a w o �g 1 8 E i 2i H d5 iE S a W ❑..❑Om ❑i , I y`❑®I v I k `�r�pd”` en a s R 11 i °figg '-r' ,N a I § 3p ' g'y 8a a gga. i t . zz w u. 8 A, .1 aaaL , <z 2 " .f4 !ii M I Y "a$ I M 90 y- L 'x o n $ a g a$ as€ii 0.0:4 a a $ € u i a c = t 6 E nS 2 sW WS ma Awi a a g 3 li;€I " ,9MI U y 1sa$ 4$iS 5 ■A©]■❑l■®e 0 5 1 1 1 0 A I II W .g L. c a$4 . w a N N F N$ . ' fix Mkue i 0 a C7 G € $a {ae4 r i a [ s ra <r 1 m 7 Ej 0 1 a 3 o w !9!! ! !$ s ,, al Oi h io","iig • '&1❑0®®gM •■■ ■g■•■raw .._...... _ 1 6v. W a Q N w 0 I N 2 hill./.. Q 5,1,o I IIIIIA III9 , , III �� rte 1 n+I }■e N .P "; , :.... HIMII IIIII L �,. f °s . Y4,a iI ; d a N Q Jo;' ma !L —\ r N C ww 7 �� 2 O 11111 ,_ m�= _; q , a u, W s �IIIIII •III N• I Z 0 8 ,� g R`y/� .� , Pe W N L. ° "31 w� Q !!�i ��`� /% j �+;� §� - t e e CNI J O yw 3 a N �I !,yj.(,.s v`bi "w N O 1•'� a nip N• u. ,,; p ��o Gulf f z 1 • 's l--i�a lmii9 mu) $So cc 4 � p Cr) I S 9v 1 S L4 1 S 81, 1 S 84 1 S 09 1 U S 19 1 I S l9 1 I S 59 1 (::;- ) 9A rl STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-41 which was adopted by the Board of County Commissioners on the 28th day of May, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of May, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board' of ' ' County Commissiorier , alui( • 4� By: Ann Jenne j ohi Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 e . ,..., TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO n THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the lime the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office iNC I1 I 4. BCC Office Board of County Q�.,tcle ` Commissioners vi-c_t..e S7_1:: ``3 5. Minutes and Records 'Clerk of Court's Office Pm 5/29115 t{'gym PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff' David C.Weeks, CP,GMP Manager Phone Number 252-2\3 Contact/ Department Agenda Date Item was May 28,2013 Agenda Item Number 9A Approved by the BC Type of Document 2 Ord' ces(1 wBackup Exhibit'A'Text Number of Original 2 j/ Attached and a with Backup Exhibit'A'Map Documents Attached PO number or accoun - /A number if document is to be recorded Al)—9( 1- P-01. -L(L INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? mk 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ink by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the mk document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's mk signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip mk should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding tp Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware�l our deadlines! 8. The document was approved by the BCC on 5/28/2013 I '1 and all changes mk made during the meeting have been incorporated in the attached document. The ' County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready fo •u e ik Chairman's signature. I:Forms/County Forms/BCC Foam/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05, ' .2.24.05: '- - -. 11/30/12 9A MEMORANDUM Date: June 11, 2013 To: David Weeks, Manager Comprehensive Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2013-42: A 2012 Cycle GMP Amendment related to the Bayshore/Gateway Triangle Redevelopment Overlay and Density Bonuses Attached for your records is a copy of the ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on Tuesday, May 28, 2013. The Minutes and Records Department has held the original for the Board's Official Record. Thank you. Attachment 9 A 4-4 MEMORANDUM Date: June 11, 2013 To: Heidi Ashton-Cicko, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2013-42: A 2012 Cycle GMP Amendment related to the Bayshore/Gateway Triangle Redevelopment Overlay and Density Bonuses Attached for your records is a copy of the ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on Tuesday, May 28, 2013. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 9A MEMORANDUM Date: June 11, 2013 To: Marcia Kendall, Senior Planner Comprehensive Planning Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2013-42: A 2012 Cycle GMP Amendment related to the Bayshore/Gateway Triangle Redevelopment Overlay and Density Bonuses Attached for your records and per request is a certified copy of the ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on May 28, 2013. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 9A MEMORANDUM Date: June 11, 2013 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2013-42: A GMP Amendment related to the Bayshore/Gateway Triangle Redevelopment Overlay and Density Bonuses Attached for your records is a copy of the ordinance referenced above, adopted by the Board of County Commissioners on Tuesday, May 28, 2013. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 9A ORDINANCE NO. 13- 4 2 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 USE 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 of 3 Rev. 5/02/13 Words underlined are added; words struck-through are deleted; row of asterisks(***)denotes break in text 9a 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 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 UULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 2I 2-T"Olay of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT,E.BROCK CLERK COLLIER COUNTY, FLORIDA 5' �X � L! �_Ja,, • B . GEORGIA:: i Attest as to'Cf aifim s {� • Corr, 1 �hC \Ace� Orra r-tr'r\ ��" �a shore GMP Page 2 of 3 Rev. 5/02/13° Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text 0 C:..) 9A Approved as to form and legal sufficiency: 0,„„t, ck ,'3\%'2 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" CP\12-CMP-00865\30 CP-2013-3 \Bayshore GMP Page 3 of 3 Rev. 5/02/13 Words underlined are added; words struck-through are deleted; row of asterisks(***)denotes break in text CA 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 Words underlined are added;words are deleted-approved by BCC 5/28/13. CA 9A *** *** *** 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 struck-that are deleted—approved by BCC 5/28/13. C An 9 A3 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. Two zoning overlays have been a 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 etruck thru are deleted—approved by BCC 5/28/13. 9A4 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road ace may be 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 (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 by a future zoning overlay. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pulling Road (west side only) or US 41 East, are may be 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 cap on 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. All residential units shall be market rate units. 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. = • - - _ - - - - - - - --- standards. Words underlined are added;words struck-thru are deleted—approved by BCC 5/28/13. 9A 5 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 Wowing-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. a c. Buildings containing mixed use (residential uses over commercial uses) are limited to a •• --= -- - - --- -"_ ---- - - -- .. - • - ' : stories only. f. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. g. One or more zoning overlays may be adopted which may include more restrictive 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- -_• -- --- -- However, for properties within the Coastal High Hazard Area (CHHA), only 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. 4-0711. 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, _ - -- - - -- e - - - within the rune 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. x- 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 approved by BCC 5-28-13-clean G:COES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\CP-2012-3 BGTRO changes dw/10.4-12&4-23&24-13&5-2-13&5-28-13 Words underlined are added;words struok-that are deleted-approved by BCC 5/28/13. CP 9A STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-42 which was adopted by the Board of County Commissioners on the 28th day of May, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of May, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Bo.ardCof _ County Commissioners aLLt42 s+ By: Ann Jennejohhi,.., , Deputy Clerk w•. w � �?. 1- sib QF 9 A 4 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/orAirport-Pulling Road are allowed a maximum density of 12 residential units per acre via use oa 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 units per acre. In order to be eligible for this higher density, the project must be integrated into 5. Properties avinq frontage on one or more of Bayshore Drive, Davis Boulevard Airport-Pulling Road;or US 41 East,'re 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 cap on 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. ' 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. A zoning overlay may be developed standards. 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 struck thru are deleted—approved by CCPC 5/2/13. 411 1--e 54t-,tk l (init s 5A4.if d ,-k ,-t,te f/n t ts. �, 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. maximum height of four stories. d. Hotels/motels will be limited to a maximum height of four stories.•e •• -e - - e- - •e , -e••••- -. - - e- •• =e e- - - - stories only. . ... - -- ze 9. For dei tsity bonuses provided ft.,t in pat dgraphs #4 and #a above, case 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 - .e.* - - • . et-. - - - - -- a-- - - z•-, - - --- . e -- - •- - - • - - --- -- - -- - - , - - e e-• - • - • -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. 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 above, for that portion of the Overlay lying 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. 41- 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. 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