Resolution 2021-155 RESOLUTION NO. 2021- 1 5 5
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, RELATING TO THE DENSITY
BONUS POOL WITHIN THE BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT OVERLAY AND SPECIFICALLY AMENDING
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
OVERLAY OF THE FUTURE LAND USE ELEMENT, TO CHANGE
REQUIREMENTS FOR THE USE OF THE DENSITY BONUS
POOL; AND FURTHERMORE DIRECTING TRANSMITTAL OF
THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. [PL20210000603]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985, was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Collier County staff has prepared amendments relating the
Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element; and
WHEREAS, on June 17, 2021, the Collier County Planning Commission considered the
proposed amendment to the Growth Management Plan pursuant to the authority granted to it by
Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
WHEREAS, on July 13, 2021, the Board of County Commissioners at a public hearing
approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendments and DEO must transmit, in writing, to
Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
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Bayshore Gateway GMPA Words underlined are additions;Words struck through are deletions.
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WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this 134"
day of j�u { , 2021.
ATTES9'..• ' ,. BOA O UNTY COM ISSIONERS
CRYcL4iiSc
II ELLERK COLLI UNTY, FLO A
BY:
. j as.o lerk Penny Tayl r, Chairman
Approved'as to tOrm and legality:
0----e--“tk. A
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit"A"—Text amendments
[21-CMP-01091/1632266/1]31
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EXHIBIT A
FUTURE LAND USE ELEMENT
II. IMPLEMENTION STRATEGY
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FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
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V. OVERLAYS AND SPECIAL FEATURES
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F. Bayshore/Gateway Triangle Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment(BGTR)Overlay, depicted on the Future Land
Use Map, is within the boundaries of the Bayshore/Gateway Triangle Community
Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000, as
updated by Board Resolution 2019-75. The intent of the redevelopment program is to
encourage the revitalization of the Bayshore/_Gateway Triangle Community Redevelopment
Area (BGTCRA) by providing incentives that will encourage the private sector to invest in this
urban area. This Overlay allows for additional neighborhood commercial uses and increased
intensity 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 BGTR Overlay is to allow for more intense development in
an urban area where urban services are available. Two zoning overlays have been adopted
into the Collier County Land Development Code to aid in the implementation of this Overlay.
Within the BGTR Overlay a density bonus pool has been established to incentivize investment
within the BGTCRA. The density bonus pool units available to a project are to incentivize
redevelopment and to promote investment in the public realm. After the [effective date of
Ordinance], all projects utilizing the density pool are subject to the access and public realm
requirements. The following provisions and restrictions apply to this Overlay:
1. Mixed-Use Development: A mix of residential and commercial uses is permitted. For
such development, commercial uses are limited to C-1 through C-3 zoning district uses,
except as otherwise provided for in the Mini Triangle Subdistrict; 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 or in parking structures that may be
below, at, or above grade, 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, or as may be limited by a zoning overlay, or as
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otherwise provided within the Mini Triangle Subdistrict.
3. Non-residential/non-commercial uses allowed within this Overlay include essential
services; parks, recreation and open space uses; water-dependent and water-related
uses; child care centers; community facility uses; safety service facilities; and utility and
communication facilities.
4. Density Bonus Pool for mixed use development. 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 may be allowed a maximum density of twelve (12) residential units per
acre via use of the density bonus pool identified described further in paragraph 4412
below, except that no project may utilize more than 97its— 25% of the total density
pool units available, or 10 units, whichever is greater. 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 no. 89 and no. 15, below, except for mixed use projects
developed developments 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 Overlay
Zoning District zoning overlay, adopted February 28,2006 (Ordinance No. 06-08), and
amended December 14, 2006 (Ordinance No. 06-63), and subsequently amended. For
projects that do not comply with the requirements for this density increase the criteria
established herein for density bonus pool eligibility, their density is limited to that
allowed by the Density Rating System and applicable FLUE Policies, except as may be
limited by a future the applicable zoning overlay. Properties located within the Mini
Triangle Subdistrict are exempt from this paragraph.
5. Density bonus pool for residential-only projects on Bayshore Drive. Properties having
frontage on one or more of Bayshore Drive, Davis Boulevard, Airport Pulling Road(west
side only) or US 11 East, may be allowed to redevelop as a residential-only project at a
maximum density of eight(8) residential units per acre via use of the density bonus peel
identified in paragraph 11-pool identified in paragraph 12,except that no project may utilize
more than 97 units 25% of the 388 total density bonus pool units available or 10 units,
whichever is greater. 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 the density bonus pool
units, the residential-only project along Bayshore Drive 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-c. All residential units shall be market rate units.
d. Project must comply with eligibility criteria in paragraph no.15 below.
For projects that do not comply with the requirements for this density increase criteria
established herein for density bonus pool eligibility, their density is limited to that
allowed by the Density Rating System and applicable FLUE Policies and that of the
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applicable zoning overlay. Properties located within the Mini Triangle Subdistrict are
exempt from this paragraph.
6. Density Bonus Pool for Multi-Family or Mixed Use developments up to 2 acres in size.
Up to 2 additional dwelling units per acre, are allowed to be allocated to multi-family or
mixed use developments through a limited density bonus pool allocation from the
density bonus pool identified in paragraph 12, subject to eligibility criteria listed in a-e
below.
a. The development shall be within a zoning district or overlay zoning district that
permits multi-family development or mixed use development.
b. The property is limited to a maximum of 2 acres. An allocation request shall not
be granted for property that is subdivided after the [effective date of Ordinancel,
c. The maximum number of additional units is limited to four (4) additional units, and
shall not exceed a density increase of 2 additional dwelling units per acre.
d. The development must satisfy the development standards of the Bayshore Mixed
Use Overlay Zoning District or the Gateway Triangle Mixed Use Overlay Zoning
District and applicable standards of the Limited Density Bonus Pool Allocation in
the Land Development Code.
e. Development must comply with eligibility criteria in paragraph no.15 below.
-67. 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 through the density bonus pool as provided
for in paragraphs 4 and 5 through 6, above. The development standards of the
Bayshore Drive Mixed Use Overlay Zoning District or Gateway Triangle Mixed Use
Overlay Zoning District in the Collier County Land Development Code, whichever is
applicable, shall apply to all new development within the Activity Center.
78. Existing Underlying zoning districts for some properties within the
Triangle Redevelopment BGTR 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 the uses within their existing underlying zoning until such time as a
zoning overlay is adopted which may limit such uses, densities and development
standards, except for prohibited uses established within section 4.02.16 of the LDC.
For such prohibited uses existing as of [effective date of Ordinancel, the use may
continue to operate as identified within LDC section 9.03.00-Nonconformities.
89. To qualify for twelve (12) dwelling units per acre, as provided for in paragraph no. 4
above (Density Bonus Pool for mixed use developments), or as otherwise permitted
within the Mini Triangle Subdistrict, mixed use projects within the
Triangle Redevelopment BGTR Overlay must comply with the design standards of the
Bayshore Drive Mixed Use Overlay Zoning District or Gateway Triangle Mixed Use
Overlay Zoning District in the Collier County Land Development Code, whichever is
applicable, or in the case of the Mini Triangle Subdistrict, mixed use projects may utilize
the design standards set forth in the Mini Triangle Subdistrict and its implementing
MPUD zoning.
910. For density bonuses provided for in paragraphs nos. 4 and 5 through 6 above, base
density shall be per the underlying zoning district. The maximum density of twelve (12)
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The
total project acreage may be counted for density purposes. 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.
4011. Only the affordable-workforce housing density bonus, as provided in the Density Rating
System, and the density provided for within the Mini Triangle Subdistrict are 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, except
as provided for within the Mini Triangle Subdistrict.
12. Density Bonus Pool. A maximum of 388 dwelling units arc permitted were originally
allocated to be utilized in this BGTR Overlay for density bonuses, as provided in
paragraphs nos. 4 through 6 and 5 above and paragraph no.14 below. This The 388
dwelling unit density bonus pool correcpondscorresponded 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. Projects within the "mini triangle" are not
required to utilize this density bonus pool.
The Density Bonus Pool will be updated and tracked by the County Manager or
designee. The Density Bonus Pool can be increased by Resolution of the Board of
County Commissioners through allocation of residential units that are not developed.
The residential units not developed will be permanently dedicated to the Density Bonus
Pool via a legally recorded instrument that restricts the property from developing the
dedicated units in the following circumstances:
a. A property with a residential density entitlement transitions to a governmental, civic
or institutional use, similar to the transition of the Botanical Gardens site to the
Naples Botanical Gardens PUD, or
b. A property with a residential density entitlement transitions to a commercial use,
or
c. A residential development is developed with fewer units than otherwise would be
allowed per the eligible density of the underlying zoning district.
-1-2 13. 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.
4314. The 9.93± acre Camden Landing Residential Planned Unit Development (RPUD)
property located on the northeast corner of Bayshore Drive and Thomasson Road in
Section 14, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway
Triangle Redevelopment Overlay Map, shall be allowed up to 127 market rate multifamily
dwelling units, limited to townhouse and condominiums. No rental apartments shall be
permitted. The maximum density allowed shall be 12.8 dwelling units per acre for a
maximum of 127 dwelling units (achieved through the utilization of 97 dwelling units from
the existing density bonus pool established within the Bayshore/Gateway Triangle
Redevelopment Overlay and 30 base dwelling units for which the site qualifies). A
maximum of ninety-seven (97) density bonus pool units, as provided by the
Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use
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Element of the GMP, are available for this RPUD for a period of seven (7) years from
the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have
not been utilized, the bonus units shall expire and not be available unless authorized by
the Board of Zoning Appeals.
15. For eligibility to utilize the density bonus pool, the project's vehicular access shall not be
gated, and the project shall provide public realm improvements. Public realm
improvements are outlined within Objective 1, 2 and 3 of Element 5.3.2 and Objective 3
of Element 5.3.5 of the Bayshore Gateway Triangle Community Redevelopment Plan
(adopted by Board Resolution 2019-75); the adopted Bayshore Gateway Triangle
Community Redevelopment Area Public Arts Plan; and County approved Stormwater
Master Plans or County approved Capital Plans for projects within the BGTCRA. The
qualifying public realm improvements are specified in section 4.02.16.C.11 of the Land
Development Code.
16. Expiration. If units are allocated from the density bonus pool and then not developed,
these unused units shall revert back to the density pool in compliance with 4.02.16 of the
Land Development Code.
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