Ordinance 2013-42ORDINANCE NO. 13- 42
N 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 r ,
TO THE BAYSHORE/GATEWAY TRI "E w
REDEVELOPMENT OVERLAY AND DENSITY BON $;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOI� I
EFFECTIVE DATE., w
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida` r Ztes; the
Community Planning Act, formerly the Florida Local Government Comprehensive ing—,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
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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 ANDULY ADOPTED by the Board of County Commissioners of Collier
L
County, Florida this V�ay of 2013.
ATTEST:
DWIGHT,1E. BA0C;K� CLERK
,.. ..M11
F.'
`-Dep Z
Attest�as o.`Ch�airman S:�'
Cly A-* a slioreAGMP
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C
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Page 2 of 3
�J
Approved as to form and legal sufficiency:
�Le5k _% 1)
A A ob
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
CP\ 12 -CMP -00865\30
This ordinance filed w3tli die
y�e,r tary of te's Off ice h -e
���� 10 day of , 701
and acknowledgeme ,p�,_that
fi l' ret ive t 51s _,... day
Sy
CP -2013-3 \Bayshore GMP Page 3 of 3
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(( 'A N
EXHIBIT "A"
FUTURE LAND USE ELEMENT
1
CP -2012-3
IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
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OBJECTIVE 5
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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/Gatewav Triangle Redevelopment Overlay.
b. For such industrially -zoned properties, zoning changes will be allowed provided the new
zoning district is the same or a lower intensity industrial, or commercial, zoning district as
the existing zoning district, and provided the overall intensity of industrial land use allowed
by the existing zoning district is not exceeded in the new zoning district.
C. For such residentially -zoned properties, zoning changes will be allowed provided the
authorized number of dwelling units in the new zoning district does not exceed that
authorized by the existing zoning district, and provided the overall intensity of development
allowed by the new zoning district does not exceed that allowed by the existing zoning
district except as provided for in the the Bayshore/Gatewav Triangle Redevelopment
Overlay.
d. Any property deemed consistent may be combined and developed with other abutting
property provided the density and intensity of development derived from the property
deemed consistent is not increased.
e. Overall intensity of development shall be determined based upon a comparison of public
facility impacts as allowed by the existing zoning district and the proposed zoning district.
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I. URBAN DESIGNATION
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B. DENSITY RATING SYSTEM:
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1. The Density Rating System is applied in the following manner:
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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
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C. Urban Commercial District
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1. Mixed Use Activity Center Subdistrict
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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
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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
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C. Urban Commercial District
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1. Mixed Use Activity Center Subdistrict
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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
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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:
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V. OVERLAYS AND SPECIAL FEATURES
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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. Sae-OFFAere 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.
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4
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 afe 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 proiect 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.
use develoPment With ar-Gess to existing neighbOfteds
and
adjoining GGFnFneF
that do *F;GFeare,
FlOt GGFnply With the FeqUiFeFnents f9F this density theF
density is limited te t
allowed by the . DeRsity Rating System and appliGable FLUE PeliGies,
e*Gept
as Fnay be knited
5. Properties having frontage on one or more of Bayshore Drive Davis Boulevard Airport -Pulling
Road (west side only) or US 41 East afe may be allowed to redevelop as a residential -only
voiect at a maximum density of 8 residential units per acre via use of the density bonus pool
identified in paragraph 11 except that no Proiect 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
prosect. In order to be eligible for this higher density the redevelopment must comply with the
following:
a. Proiect shall be in the form of a PUD.
b. Proiect 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
fGF these pFepeFties within the Mixed Use Astivity GeAt8F t9 pFeyide speGifir. development
standafds-
Words underlined are added; words SWGk thFu are deleted — approved by BCC 5/28/13.
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 #6 above, mixed
use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with
the feIIew4;g-_esign 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. BuildiRgs Gentaffining eNy GemmeMial uses aF8 limited to a maximum height of thFee SteFi
b. Buildings raentaining eAly Fesidential uses aFe limited to a maximum height of thFee steFi
exr.ept suGh buildings aFe allowed - - . - height of feuF steFies Of said Fesidential
G. l3uildings GentaiRing mixed use (residential uses eveF GOFnFneFG*al uses) aFe limited te-a
maximum height Of fGUF SMGFies.
stories only.
f. Earh bu-ld*ng rentaiAling GOMMeMial uses only Or, limited to a maximum building feetpFiPA
standaFds than listed above on PaFagFaphs a f.
9. For density bonuses provided for in paragraphs #4 and #5 above base density shall be as per
the underlying zoning district. The maximum density of 12 or 8 units per acre shall be
calculated based upon total proiect acreage. The bonus density allocation is calculated by
deducting the base density of the underlying zoning classification from the maximum densitv
being sought. The difference in units per acre determines the bonus density allocation
requested for the project.
&10.
PFOvided in the Dens4y Rating System, aFe in addition to the eligible density PFOVided .
, 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.
449711. 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,
within the GHHA 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.
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.
Exhibil A C7=2012.3 approved by BCC S -21W — clean
G: CHS Planning Senices�(umprehensiie�WV PUNNING GNP DAiA�lbmp Plan.Amendmenls�2012 Cy le Pelilinns\CP-2012-3 DGTRO chmges dw/ 10.1-12 & WA21.13 & A-13 & 5-28.13
Words underlined are added; words stMsk t#Fu are deleted - approved by BCC 5/28/13.
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 Board 'of"'..,
County Commissions rs
By: Ann Jenne'john,�
Deputy Clerk