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CCPC Agenda 11/18/2021COLLIER COUNTY Collier County Planning Commission IG AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 18, 2021 2: 00 PM Edwin Fryer- Chairman Karen Homiak - Vice -Chair Karl Fry- Secretary Christopher Vernon Paul Shea, Environmental Joseph Schmitt, Environmental Robert Klucik, Jr. Thomas Eastman, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore 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. Collier County Planning Commission Page I Printed 1111012021 November 2021 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda Planning Commission Absences Approval of Minutes BCC Report - Recaps Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised PL2021000603 - GMPA- Bayshore/Gateway Triangle Redevelopment Overlay - An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, 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; directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. (Companion to this item PL20210001222 & PL20210001033) [Coordinator: Parker Klopf, Senior Planner] Collier County Planning Commission Page 2 Printed 1111012021 November 2021 2. PL20210001033 - Limited Density Bonus Pool - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to establish a limited density bonus pool allocation for multifamily projects and mixed use projects 2 acres or less; and to provide for public realm improvements for projects which utilize the density bonus pool, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.01 - Abbreviations; Chapter 4 — Site Design and Development Standards, including Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area; Chapter 10 — Application, Review, and Decision - Making Procedures, including Section 10.02.15 - Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area and Section 10.03.06 - Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner] (Companion Item to PL20210000603 and P1,20210001222) B. Noticed 10. Old Business 11. New Business 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 1111012021 9.A.1 11/18/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Item Summary: PL2021000603 - GMPA- Bayshore/Gateway Triangle Redevelopment Overlay - An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, 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; directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. (Companion to this item PL20210001222 & PL20210001033) [Coordinator: Parker Klopf, Senior Planner] Meeting Date: 11/18/2021 Prepared by: Title: — Zoning Name: Josephine Medina 10/22/2021 4:17 PM Submitted by: Title: — Zoning Name: Mike Bosi 10/22/2021 4:17 PM Approved By: Review: Planning Commission Diane Lynch Review item Growth Management Operations & Regulatory Management Donna Guitard Zoning Mike Bosi Additional Reviewer Zoning Mike Bosi Zoning Director Review Growth Management Department James C French GMD Deputy Dept Head Planning Commission Edwin Fryer Meeting Pending Completed 10/26/2021 3:16 PM Review Item Completed Skipped 11/02/2021 11:44 AM Completed 11/02/2021 11:45 AM Completed 11/02/2021 6:31 PM 11/18/2021 2:00 PM Packet Pg. 4 9.A.1.a STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: NOVEMBER 18, 2021 SUBJECT: PETITION PL20210000603, GROWTH MANAGEMENT PLAN AMENDMENT (Companion to LDCA PL20210001222 & PL20210001033) [ADOPTION HEARING] ELEMENT: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT: Debrah Forester, Exec. Director Director Bayshore/Gateway Triangle CRA 3299 Tamiami Trail East Bldg. F Suite 103 Naples, Florida 34112 Laura DeJohn, AICP Johnson Engineering Inc. 2122 Johnson Street Fort Myers, FL 33901 GEOGRAPHIC LOCATION: This amendment is to the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), which is located along the following road corridors: Bayshore Drive, Davis Blvd. (SR 84), US 41 (Tamiami Trail) East, Airport -Pulling Road (CR 31). The B/GTRO is depicted on the zoning map on the next page and on the Bayshore/Gateway Triangle Redevelopment Overlay Map, part of the Future Land Use Map Series; and comprises approximately 1,160 acres; it is located within the East Naples Planning Community. PL20210000603 Bayshore/Gateway Triangle Redevelopment Overlay 10/18/2021 Page 1 of 5 Packet Pg. 5 9.A.1.a 'IFS Ill i C PROJECT LOCATION ,,II� � O r T CJ m d O N R i m Location Map Petition Number: PL20210000603 PURPOSE/DESCRIPTION OF PROJECT: Zoning Map This petition proposes to modify the B/GTRO, and related FLUE provisions, in effort to promote development/redevelopment within this area and to promote investment in the public realm. REQUESTED ACTION: The applicant proposes to amend the existing Bayshore/Gateway Triangle Redevelopment Overlay within the Future Land Use Element (FLUE) within the Collier County Growth Management Plan by: 1) Amending the Bayshore/Gateway Triangle Redevelopment Overlay text to: a. Removes the finite reference to the 388 density bonus pool units derived from the Naples Botanical Garden Project. b. Establishes a new provision allowing flexibility to replenish the bonus density pool from: 1. A property with residential entitlement that transitions to a governmental, civic, or institutional use; 2. A property with residential entitlement that transitions to commercial use; PL20210000603 Bayshore/Gateway Triangle Redevelopment Overlay 10/18/2021 Page 2 of 5 Packet Pg. 6 9.A.1.a 3. A residential project developed with fewer units than would be allowed per eligible density of the underlying zoning district. c. Revises the maximum number of bonus density pool units that can be used by a Mixed -use development from 97 units to the greater of 25% of the total density pool units available or 10 units. d. Revises the location eligibility of residential -only project seeking to use density pool units to those having frontage on Bayshore drive, revises the maximum number of bonus density pool units that can be used by a residential only development from 97 units to the greater of 25% of the total density pool units available or 10 units and removes redevelopment requirement. e. Establishes new provision to allow for Multi -family or Mixed -use developments up to 2 acres in size to allocate up to 4 additional units from the density bonus pool, but limits the increase to no more than 2 additional dwelling units per acre; f. Limits eligibility for the utilization of density bonus pool units to those projects that provide qualifying public realm improvements and whose vehicular access is not gated; g. Adds LDC references regarding: 1. Standards for Limited Density Bonus Pool Allocation 2. Relationship of underlying zoning, prohibited uses within the overlay and continuance of nonconformities; 3. Qualifying public realm improvements; 4. Expiration timeframe for undeveloped allocated density bonus pool units to revert to density pool. The proposed amended/added text language is depicted on Exhibit A of the proposed Ordinance Note: Two companion Land Development Code Amendment (LDCA) petitions are scheduled for this same hearing. PREVIOUS TRANSMITTAL ACTIONS: Transmittal hearings on the proposed Growth Management Plan amendment were held on June 17, 2021, by the CCPC (Collier County Planning Commission). The Transmittal recommendations/ actions are presented below. Within CCPC materials provided, you will find the transcript of the June 17, 2021, CCPC transmittal hearing, and the CCPC transmittal staff report for the petition, which provides staff's detailed analysis of the petition. In accordance with Chapter 163.3184(3)(b)l., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on July 21, 2021. TRANSMITTAL: PL20210000603 Page 3 of 5 Bayshore/Gateway Triangle Redevelopment Overlay 10/18/2021 Packet Pg. 7 9.A.1.a STAFF RECOMMENDATION: To Transmit to DEO as presented CCPC RECOMMENDATION (06/17/2021): Transmit to DEO (Vote 7/0) BOARD ACTION (07/13/2021): Transmit to DEO (Vote 510). STAFF SUMMARY OF THE NEIGHBORHOOD INFORMATION MEETING: As this is not considered a site -specific GMP amendment, a Neighborhood Information Meeting (NIM) is not required by LDC Section 10.03.05 F. A C-4 and C-5 Property Owner's meeting was held on October 29, 2020, where proposed changes to the heavy commercial uses were discussed. This GMP amendment along with proposed LDC amendments were discussed at two CRA Advisory Board Meetings. Scope of GMP and LDC changes was introduced during the November 12, 2020, CRA Advisory Board Special Meeting. Comments from this meeting were collected and proposed scope of changes were updated, including the removal of a maximum contribution limit for Density Bonus Pool of $500,000. On January 11, 2021, the CRA Advisory Board reviewed updated draft changes and CRA staff was provided with the direction to move the GMP and LDC amendments forward. REVIEW AGENCY LETTERS: After BCC approval to transmit the GMPA on July 13, 2021 and in accordance with Chapter 163.31.84(3)(a) F.S., staff prepared a letter/packet requesting State agencies review the Transmitted amendment with each reviewing agency's authorized scope of review, the Florida Department of Economic Opportunity (DEO), as well as the Florida Department of Environmental Protection (DEP), Florida Department of Agriculture and Consumer Services/Florida Forest Service, Florida Department of State/Bureau of Historic Preservation, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District (SFWD), Southwest Florida Regional Planning Council, and Florida Department of Transportation rendered their comment letters indicating "no comment' or "no adverse impacts found" or the agency did not respond. The Comments Letters received are located within materials provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter. Florida State Statutes state the following under "Expedited State Review Process for Adoption of Comprehensive Plan Amendments" Chapter 163.3184 (4) (c) 1, "The local government shall hold its second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments pursuant to subsection (11). If the local government fails, within 180 days after receipt of agency comments, to hold the second public hearing, the amendments shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected person that provided comments on the amendment..." The County received the DEO agency comment letter on August 13, 2021. The 180-day timeframe to hold the second public hearing on whether to adopt the petition ends on February 2, 2022. ADOPTION: No changes were made subsequent to GMPA transmittal to the DEO and reviewing agencies. PL20210000603 Page 4 of 5 Bayshore/Gateway Triangle Redevelopment Overlay 10/18/2021 Packet Pg. 8 9.A.1.a STAFF RECOMMENDATION: Staff recommends that the County Planning Commission forward Petition PL20210000603 to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity and reviewing agencies that provided comments. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney's Office on October 18, 2021. The criteria for growth management plan amendments and land use map amendments are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 , Florida Statutes. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2021 Cycles & Smalls\2021 In House GMPA\PL20210000603 BGTRO Density Bonus Pool\Adoption Hearing\01_CCPC Adoption Staff Report -10.18.2021.docx PL20210000603 Page 5 of 5 Bayshore/Gateway Triangle Redevelopment Overlay 10/18/2021 Packet Pg. 9 9.A.1.b ORDINANCE NO.2021- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, 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; DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210000603] 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, staff has prepared an amendment to the Bayshore/Gateway Triangle Development Overlay of the Future Land Use Element of the Growth Management Plan; and WHEREAS, Collier County transmitted the Growth Management Plan amendment to the Department of Economic Opportunity for preliminary review on July 21, 2021, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendment 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 amendment to the Growth Management Plan; and [21-CMP-01091/1661762/1179 1 of 3 Bayshore Gateway Triangle Overlay / PL20210000603 8/27/21 Packet Pg. 10 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendment and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on and the Collier County Board of County Commissioners held on ; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENT TO THE BAYSHORE/GATEWAY TRIANGLE DEVELOPMENT OVERLAY OF THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Bayshore/Gateway Triangle Development Overlay of the Future Land Use Element, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. 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 commenced before it has become effective. [21-CMP-01091/1661762/11 79 2 of 3 Bayshore Gateway Triangle Overlay / PL20210000603 8/27/21 Packet Pg. 11 9.A.1.b PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 52021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA Lo Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Penny Taylor, Chairman Attachment: Exhibit A — Bayshore/Gateway Triangle Development Overlay Future Land Use Element [2 1 -CMP-0 1091/1661762/1179 3 of 3 Bayshore Gateway Triangle Overlay / PL20210000603 8/27/21 Packet Pg. 12 PL20210000603 9.A.1.b EXHIBIT A FUTURE LAND USE ELEMENT II. IMPLEMENTION STRATEGY *** *** *** *** text break*** *** *** *** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** text break*** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** text break*** *** *** *** 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 Ordinancel all projects utilizing the density pool are subject to the access and public realm requirements. The following provisions and restrictions apply to this Overlay: 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 Text underlined is added; text stroke through is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 1 of 5 Packet Pg. 13 PL20210000603 9.A.1.b 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 97 units — 25% of the total density pool units available, or 10 units whichever is greater. 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. 99 and no. 15, below, except for mixed use prejests develeped 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 I Ise. Overlay Zoning District ZeRiRg eveFlay, 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 requiremeRtS fep this deRsity iRGrease the criteria established herein for density bonus pool eligibility, the# 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. Density bonus pool for residential -only projects on Bayshore Drive. Properties having frontage on one er more of Bayshore Drive, Davis Boulevard, AirpeFt Pulling Read (we-st side only) „r Us 41 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 P004 pool identified in paragraph 12, except that no project may utilize more than ° 25% of the 349-total density bonus pool units available or 10 units, whichever is greater. amendment, limitations and a Gap eR the use ef the 398 density peel 61ROtS fer aRY GRe PFejeGt. In order to be eligible for the density bonus pool units the residential -only protect 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. d-c. All residential units shall be market rate units. d Protect must comply with eligibility criteria in paragraph no.15 below. For projects that do not comply with the criteria established herein for density bonus pool eligibility, the# density is limited to that allowed by the Density Rating System and applicable FLUE Policies and that of the Text underlined is added; text strike threugI4 is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 2 of 5 Packet Pg. 14 PL20210000603 9.A.1.b 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 feffective 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 Arnie Mixed Overlay Zoning District or Gateway Triangle MixedUse Overlay Zoning District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. -78. €-xist+aff Underlying zoning districts for some properties within the Redevelop 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 eXis#+Rg underlying zoning URtil 6UGh time as 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 BaysheF&Gateway TFiaRgle Redeyelepm. BGTR Overlay must comply with the design standards of the Bayshore DF'ye Mixed Overlay Zoning District or Gateway Triangle Mixed ed-ose 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-m�um aen6ityvf Mel=e "') Text underlined is added; text stFoke thFeugI4 is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 3 of 5 Packet Pg. 15 9.A.1.b PL20210000603 or eight (8) units peF aGFe shall be GaIGUIated based upen tetal pF(�eGt aGFeage. The total proiect 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. 4-011. 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 are permitted were originally allocated to be utilized ir, this BGTR Overlay for density bonuses, as provided in paragraphs nos. 4 through 6 and above and paragraph no.14 below. T11416 The 388 dwelling unit density bonus pool eerfespendscorresponded 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. 4-2 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. 4,314. 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 Bays ho re/G ateway Triangle Redevelopment Overlay Map, shall be allowed up to 127 market rate multifamilv 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 Text underlined is added; text 6trike through is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 4 of 5 Packet Pg. 16 PL20210000603 9.A.1.b 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 proiect's vehicular access shall not be gated and the protect 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 protects 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. Text underlined is added; text strike through is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 5 of 5 Packet Pg. 17 9.A.1.d C�o' tier C;014-nty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: June 17, 2021 RE: PETITION PL20210000603, BAYS H 0 RE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITAL HEARING] ELEMENT: FUTURE LAND USE ELEMENT (FLUE) APPLICANT: Ms. Deborah Forester, Exec. Director Bayshore/Gateway Triangle CRA 3299 Tamiami Trail East Bldg. F Suite 103 Naples, Florida 34112 GEOGRAPHIC LOCATION: CONSULTANT: Laura DeJohn, AICP Johnson Engineering Inc. 2122 Johnson Street Fort Myers, FL 33901 This amendment is to the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), which is located along the following road corridors: Bayshore Drive, Davis Blvd. (SR 84), US 41 (Tamiami Trail) East, Airport -Pulling Road (CR 31). The B/GTRO is depicted on the zoning map on the next page and on the Bayshore/Gateway Triangle Redevelopment Overlay Map (Attachment B), part of the Future Land Use Map Series; and comprises approximately 1,160 acres; it is located within the East Naples Planning Community. Page 1 of 7 Packet Pg. 19 9.A.1.d N —1 — x 4 a� N PROJECT LOCATION_ C ra - m _ y G TRomasson R m l o 0 1 � t - N T. co m Location Map Petition Number: PL20210000603 Zoning Map REQUESTED ACTION: The applicant proposes to amend the existing Bayshore/Gateway Triangle Redevelopment Overlay within the Future Land Use Element (FLUE) within the Collier County Growth Management Plan by: 1) Amending the Bayshore/Gateway Triangle Redevelopment Overlay text to: a. Removes the finite reference to the 388 density bonus pool units derived from the Naples Botanical Garden Project; b. Establishes a new provision allowing flexibility to replenish the bonus density pool from: 1. A property with residential entitlement that transitions to a governmental, civic, or institutional use; 2. A property with residential entitlement that transitions to commercial use; 3. A residential project developed with fewer units than would be allowed per eligible density of the underlying zoning district. c. Revises maximum number of bonus density pool units that can be used by a mixed -use development from 97 units to the greater of 25% of the total density pool units available or 10 units. d. Revises the location eligibility of residential -only project seeking to use density pool units to projects having frontage on Bayshore drive, revises the maximum number of bonus density pool units that can be used by a residential only development from 97 units to the greater of 25% of the total density pool units available or 10 units and removes redevelopment requirement. e. Establishes new provision to allow for Multi -Family or Mixed -use developments up to 2 acres in size to allocate up to 4 additional units from the density bonus pool, limited to an increase of no more than 2 additional dwelling units per acre; Page 2 of 7 Packet Pg. 20 9.A.1.d f. Limits eligibility for the utilization of density bonus pool units to those projects that provide qualifying public realm improvements and whose vehicular access is not gated; g. Adds LDC references regarding: 1. Standards for Limited Density Bonus Pool Allocation 2. Relationship of underlying zoning, prohibited uses within the overlay and continuance of nonconformities; 3. Qualifying public realm improvements; 4. Expiration timeframe for undeveloped allocated density bonus pool units to revert to density pool. The proposed amended/added text are depicted on Ordinance Exhibit A's. PURPOSE/DESCRIPTION OF PROJECT: This petition proposes to modify the B/GTRO, and related FLUE provisions, in effort to promote more development/redevelopment within this area and to promote investment in the public realm. BACKGROUND AND ANALYSIS: The Community Redevelopment Agency (CRA) was established in 2000, a redevelopment plan was approved by the BCC for the area in 2000, and the B/GTRO was adopted into the GMPA later that same year. The purpose of the B/GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay currently provides for a bonus density pool with the finite number of 388 dwelling unit. These units were derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use or residential only projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B/GTRO (BMUD, Bayshore Drive Mixed Use Overlay District, Section 2.03.07.N; and, GTMUD, Gateway Triangle Mixed Use Overlay District, Section 2.03.07.N). The bonus units may be awarded by the BCC via approval of a Mixed -Use Project (MUP) petition or Planned Unit Development (PUD) for redevelopment of a residential only project— until all 388 bonus density pool units are awarded. Currently the number of density bonus pool units available, as of the approval of Camden Landing [Ordinance 2021-12], is 122 units. On April 2019 the Bayshore Gateway Triangle Redevelopment Area Plan was amended and adopted to update the vision and lay out a framework of goals, objectives, and strategies for implementing the vision. The update called for the amendment of the Land Development Code (LDC) and Growth Management Plan (GMP) based on recommendations from the plan update. Objective 1, under Land Use & Urban Design of the Bayshore CRA plan update, is to promote urban -style development. Strategies identified to promote urban -style development included focusing increased densities/intensities along improved roadways (with consideration of Coastal High Hazard Area restrictions), and the establishment of eligibility requirements and/or performance metrics that promote urban approaches. Objective 3, Strategy 1 promotes identification of opportunities and incentives for the promotion of public art and public realm improvements. The updated plan also mentions built density within the CRA area is far below what is allowed per the eligible density of the underlying zoning district and identifies the greatest amount of vacant acreage being residential (109 acres/389 parcels) with parcel sizes that are on the smaller side and where aggregation of properties will be necessary for most moderate to large size projects to develop. 2019 BGTR Area Plan amendment provided as part of Exhibit D, Data and Analysis Memo from Johnson Engineering. The Future Land Use Element (FLUE) identifies the intent of the B/GTRO 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 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 Overlay is to allow for more intense development in an urban area where urban services are available. The location of this overlay within the Coastal High Hazard Area also must be taken into consideration. Page 3 of 7 Packet Pg. 21 9.A.1.d The proposed amendment does not change the B/GTRO Boundaries, nor does it increase the total density permitted within the Overlay boundaries, in consideration of the Coastal High Hazard Area restrictions. Using the existing Density Bonus Pool as a template this amendment proposes the replenishment of the Density Bonus Pool through the re -allocate of entitled residential units that would have remain unused within the Overlay as a way to help incentivize the redevelopment goals of the CRA as well of the intent of this Overlay. The focus of increased intensities/densities though the use of density bonus pool units remains along improved roadways, but the amendment looks to further refined by this for residential only developments to projects having frontage along Bayshore Drive, only. Promotion of the assembly of property or joint ventures between property owners remains incentivization through the density bonus pool units but is furthered through the ability to replenishment these units. Achievement of revitalization of the area, urban -style development, promotion of public realm improvements, and interconnectedness between properties and neighborhoods as intended for the Overlay and CRA plan is addressed in this amendment with the additional eligibility requirements of public realm improvements contributions and not allowing for projects to be gated when the project uses density bonus pool units. Using existing approved projects within the B/GTRO as a template, an expiration timeframe is proposed for unused density bonus pool units allocated to a project which removes the possibility of units being tied up in projects that may not be developed or will not be developed to the maximum density permitted. The amendment looks to make it easier to incentivize smaller property owner with a maximum of 2 acres redevelop/develop by allowing the use of the bonus density pool units at a limited scale (standards and specific for this process will be further identified in proposed LDC amendments but requirements within the GMP amendment still include public realm improvement contributions and for projects not to be gated). Further clarity is also provided between the relationship of the Overlay to the underlying zoning district and proposed prohibited uses, to be further identified in the forthcoming LDC amendments, which aims to eliminate uses that are not consistent with the character of the community while still providing LDC reference to continuation of nonconformities. Assuming this GMP amendment is approved for transmittal to the statutorily required review agencies, it will return to the CCPC and BCC for Adoption hearings. It is staff's intent to accompany the GMP amendment with the implementing LDC Amendments at time of adoption hearings. Environmental Impacts: This is not a site -specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Historical and Archeological Impacts: This is not a site -specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Public Facilities Impacts: Because the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of it within the Overlay, there should be no increased impacts upon level of service standards for public facilities - water, wastewater, solid waste, drainage, parks and recreation, schools, libraries, EMS, police, fire, etc. Transportation Impacts: This is not a site -specific amendment, rather affects an entire Overlay. A traffic impact analysis has not been prepared. Due to minor traffic impacts that may result from the "limited bonus density pool" process for properties less than 2 acres staff has requested for specifics regarding timing and requirement of Traffic Impact Study and access management to be specified in forthcoming density pool LDC amendments. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Page 4 of 7 Packet Pg. 22 9.A.1.d Section 163.3177(1)(f), Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2.: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area Page 5 of 7 Packet Pg. 23 9.A.1.d included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Also, the state land planning agency has historically recognized the consideration of community desires (e.g., if the community has an articulated vision for an area as to the type of development desired, such as within a Community Redevelopment Area), and existing incompatibilities (e.g., presently allowed uses would be incompatible with surrounding uses and conditions). FINDING AND CONCLUSIONS: • There are no unacceptable environmental impacts resulting from this petition. • No historic or archaeological sites are affected by this amendment. • Transportation Planning specifics regarding Traffic Impact Study and access management requirements and timing will need to be addressed in the forthcoming proposed LDC amendments. • There are no utility -related concerns caused by this petition. • There are no concerns regarding impacts upon other infrastructure components. • This amendment does not alter the boundaries of the B/GTRO nor increase the density permitted within the B/GTRO simply allows for a reallocation of unused and entitled residential units from a development to replenish the already existing bonus density pool. • The ability to replenish the finite number of bonus density pool units available, as well as the allowance for properties two acres or less to use the bonus density pool units, may provide a viable incentive to spark development/redevelopment interest within the B/GTRO. • The addition of eligibility criteria for projects that use bonus density pool units to contribute to public realm improvements and to not be gated furthers the intent of the Overlay and CRA Plan to revitalize the area, provide for urban -style development and interconnectedness between properties and neighborhoods. • Expiration timeframe placed on density bonus pool units allows for these units to not be tied up in projects that will not be developed or are underdeveloped. • The amendment provides clarity to the relationship of the Overlay to the underlying zoning district and proposed prohibited uses, and the intent to eliminate uses that are not consistent with the character of the community. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: As this is not considered a site -specific GMP amendment, a Neighborhood Information Meeting (NIM) is not required by LDC Section 10.03.05 F. A C-4 and C-5 Property Owner's meeting was held on October 29, 2020 where proposed changes to the heavy commercial uses were discussed. This GMP amendment along with proposed LDC amendments were discussed at two CRA Advisory Board Meetings. Scope of GMP and LDC changes was introduced during the November 12, 2020, CRA Advisory Board Special Meeting. Comments from this meeting were collected and proposed scope of changes were updated, including the removal of a maximum contribution limit for Density Bonus Pool of $500,000. On January 11, 2021, the CRA Advisory Board reviewed updated draft changes and CRA staff was provided with the direction to move the GMP and LDC amendments forward. LEGAL CONSIDERATIONS: The County Attorney's office reviewed the Staff report on June 7, 2021. The criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and 163.3177(6)(a)2, Florida Statutes. Page 6 of 7 Packet Pg. 24 9.A.1.d STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20210000603 to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. Attachments: A) Bayshore/Gateway Triangle Redevelopment Overlay Ordinance B) Bayshore/Gateway Triangle Redevelopment Overlay Map C) Public Comments D) Data and Analysis Memo from Johnson Engineering Page 7 of 7 Packet Pg. 25 9.A.1.e RESOLUTION NO. 2021- 155 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 [21-CM P-01091 / 1632266/ 1131 Bayshore Gateway GMPA Words underlined are additions; Words stme�� are deletions. PL20210000603 * * * * * * * * * * * * are a break in text 5/28/21 Packet Pg. 26 9.A.1.e 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 j 3 day of .u iy , 2021. . ►t'a0* �^ ATTES,- ' r ®`' BOA O UNTY COM ISSIONERS CRY AID%XEj:LERK COLLI LINTY, FLO A as -lerk Penny Tayl r, Chairman Apprdv'est,otin and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit "A" — Text amendments [21-CMP-01091/1632266/1 ]3 I Bayshore Gateway GMPA PL20210000603 5/28/21 Words underlined are additions; Words s'^ ^U through are deletions. * * * * * * * * * * * * are a break in text Packet Pg. 27 PL20210000603 9.A.1.e EXHIBIT A FUTURE LAND USE ELEMENT II. IMPLEMENTION STRATEGY *** *** *** *** text break*** *** *** *** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** text break*** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** text break*** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment B( GTR) 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 Bays hore/_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 Text underlined is added; text strike through is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 1 of 5 Packet Pg. 28 PL20210000603 9.A.1.e 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 W84fied described further in paragraph 4412 below, except that no project may utilize more than 97U;;ts 25% of the total density pool units available, or 10 units, whichever is greater. 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 pFojests 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 ^Ring everlay, 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 req ontS fer this deRSity ; the criteria established herein for density bonus pool eligibility, toe# density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a 414ffe the applicable zoning overlay. Properties located within the Mini Triangle Subdistrict are exempt from this paragraph. Density bonus pool for residential -only projects on Bayshore Drive. Properties having frontage on one or mere of Bayshore Drive, Davis Boulevard, Airpert Pulling Read (west 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 P004 pool identified in paragraph 12, except that no project may utilize more than °97 URits— 25% of the total density bonus pool units available or 10 units, whichever is greater. The°; unit Gap willtem;inate when the BQQ adepts, by I DG preje0t. In order to be eligible for this higher deRS't„ the redevelopmeRt the density bonus pool units, the residential -only protect 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. G. w-eje.TShnI�Tstitute redevelopment of thes44--. 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 req ontS for this ,lens,+„ innrease 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 Text underlined is added; text stpike threugh is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 2 of 5 Packet Pg. 29 PL20210000603 9.A.1.e 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 DFive Mixed Overlay Zoning District or Gateway Triangle "nixed 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. F=XiStiRg Underlying zoning districts for some properties within the Triangle Redeyelopmo^+ 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 egg underlying zoning until SUGh time as standaTFds. 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. 99. 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 BayshereiGateway Triangle Redevelopment BGTR Overlay must comply with the design standards of the Bayshore nr;,,o Wxpd l loo 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 maximurn deRSit„ of twelve („` Text underlined is added; text strike thre gh is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 3 of 5 Packet Pg. 30 PL20210000603 9.A.1.e The total protect 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. 4-011. 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 e# 388 dwelling units are permitted were originally allocated to be Htilized i^ this BGTR Overlay for density bonuses, as provided in paragraphs nos. 4 through 6 and above and paragraph no.14 below. T is The 388 dwelling unit density bonus pool corresponded 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. 4-2 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. 4-314. 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 multifamilv 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 Text underlined is added; text strike threugh is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 4 of 5 Packet Pg. 31 PL20210000603 9.A.1.e 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 prolect'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. # # # # # # # # # # # # # # Text underlined is added; text strike threugI4 is deleted. Rows of Asterisks (** *** **) denotes break in text. 05/27/2021 Page 5 of 5 Packet Pg. 32 June 17, 2021 9.A.1.f TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida June 17, 2021 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: Raymond V. Bellows, Zoning Manager Jeffrey Klatzkow, County Attorney Edwin Fryer, Chairman Karen Homiak, Vice Chair Karl Fry Joe Schmitt Paul Shea Robert L. Klucik, Jr. Christopher T. Vernon Tom Eastman, Collier County School Board Representative Page 1 of 44 Packet Pg. 33 June 17, 2021 9.A.1.f the people, certainly the people that are elected. The County Commissioners, they're very attentive to the people, and I think we are very attentive to the people. And I don't -- those were very lopsided votes for those actions, and I just wanted to underscore that. CHAIRMAN FRYER: Thank you. The matter coming before us is the Bayshore Gateway/Triangle Redevelopment Overlay. It's a large-scale GMPA. So if it's approved by the BCC, it will be coming back to us a second time for approval. And we'll begin with the applicant's presentation. The Chair recognizes Josephine. MS. MEDINA: Yeah. For the record, Josephine Medina, principal planner with Comprehensive Planning section. So this is a county -initiated Growth Management Plan amendment, and this was initiated by the request of the Bayshore CRA. And these amendments came from recommendations from the Community Redevelopment Plan update that was adopted by the Board of County Commissioners in May 2019. So staffs recommendation for this is to move forward this petition for transmission to the Board of County Commissioners. I should note that there was one letter of -- one public comment letter that was attached to your agenda packet. And with that, I have Laura DeJohn who is the CRA's consultant that has been working on these amendments to provide you an overview of the changes. CHAIRMAN FRYER: Thank you. Welcome, Ms. DeJohn. MS. DeJOHN: Good morning. Thank you. If I can just pull up a brief presentation to walk through what the proposed changes entail. COMMISSIONER SCHMITT: While you're doing that, I have a question. The letter basically had to do with the density -bonus transfer, did it not, that -- I didn't -- that's the staff -- that the -- it was a comment, but it really had to do more with dealing more with the density bonus, did it not? It wasn't an objection. MS. MEDINA: It was more, I think, dealing with urbanization of the area. COMMISSIONER SCHMITT: Oh, okay. Yeah. All right. CHAIRMAN FRYER: Thank you. MS. DeJOHN: So, again, for the record, Laura DeJohn, a planner with Johnson Engineering here today on behalf of the Bayshore/Gateway Triangle CRA office, and also here today is Deborah Forester, the executive director of the Bayshore CRA office for any questions you might have. Again, this is a -- it's called a large-scale amendment because of the process it goes through for state review. It is small in nature. We're looking at about four -and -a -half pages of revisions to the Future Land Use Element. I just want to give a brief perspective. Where do the Bayshore/Gateway Triangle policies and regulations live, because we've got so many documents that kind of build up to these policies that we're talking about. The redevelopment plan is, again, adopted per Florida Statute for the redevelopment area. The BCC adopts the redevelopment plan by resolution, and that latest update was done in 2019, which is directing the changes we're here for today. Your Growth Management Plan, specifically the Future Land Use Element, is where Bayshore/Gateway Triangle Redevelopment Overlay exists and has existed since the year 2000. And there's a Future Land Use Element designation outlining the policies affecting the overlay, and the overlay is on the Future Land Use Element map, obviously. That's what we're here to discuss today is changes to the language in the Future Land Use Element. One layer down, the Land Development Code, of course, implements any of these policies, and over time you will be seeing implementing Land Development Code changes also as part of your purview. Today is just focused on the Growth Management Plan change, and redevelopment area Page 34 of 44 Packet Pg. 34 June 17, 2021 9.A.1.f overlay is depicted in your staff report. I'm sure you're familiar with the Bayshore/Gateway Triangle area. Now, quick highlights. These changes are regarding the density -bonus pool that has existed since the year 2000 within the Bayshore/Gateway Triangle area. Obviously, you know redevelopment areas are established based on a finding that there needs to be reinvestment in an area to help it where certain inefficiencies are happening or dilapidated structures are in that area, and so redevelopment is targeted in this area. And one of the incentivizing features of the Bayshore/Gateway Triangle area has always been that any existing allowed residential units that do not get built fall within a pool, and then that pool can be redistributed as bonuses to eligible developments. So the bonus pool, existing since the year 2000, was derived from the Naples Botanical Gardens property when 388 units that could have been built on that property were not built and will never be built. The pool was established, and those 388 units were sitting there as incentives to bring the opportunities for development to the Bayshore/Gateway Triangle area, and it's been a success. So 266 units have been used, leaving 122 left. And since the update of the redevelopment plan, it was acknowledged that this needs to be updated as well 20 years later. So what exactly is happening in the proposed amendments is to remove what's now a little out of date, just the finite reference to 388 units being in existence, because we want to keep replenishing that pool. So a mechanism is being created for some project other than Naples Botanical Gardens. Some CRA-owned property that is not getting developed for residential use could replenish the pool through mechanisms outlined in the amendment. We're also changing kind of some unclear language that said any eligible development could ask for no more than 97 units dash 25 percent of the total pool to make that more concise, more strict. Now we're saying only 25 percent of the total density units available could be requested by the development community. That's, again, to keep this pool replenished and not have it, you know, totally consumed. We are updating where residential -only bonus -pool eligible projects could be. Originally, they were allowed along Davis, Airport, U.S. 41, and Bayshore, and this is getting refined down so that residential -only projects using the bonus pool would have to be on Bayshore only. There's a new opportunity we're creating, which is called the limited bonus -pool allocation. This is to address the reality that there are many small parcels in the CRA area, and there may be interest in very small allocations of the bonus pool, not a large PUD asking for large development to happen in the area. The bonus pool, again, which is units that already exist, are already entitled and allowed to develop in the area. They're just being, you know, made part of a pool, that up to four units could be accessed by a smaller development site through a limited -scale process. And, finally, this refinement to the bonus -pool program is really aimed at making sure the use of the pool not only incentivizes some new development to occur but that development is beneficial to the area. So new criteria are proposed when using the bonus pool. It's not just a freebie. There would be public benefits brought by that developer who is getting the benefit of the bonus pool. There's also a new provision to make sure bonus -pool units that are awarded have to be used or else they would revert back to the pool, because there's been experience with concern that bonus units get allocated and then might not be used. Then they're lost. So we're putting in an expiration provision. This has been vetted for about a year now. We introduced the concepts to the CRA advisory board last summer, met with the CRA advisory board again in November with these precise revisions, refined one more time, came back to the CRA advisory board in January 2021 and got their recommendation for approval of these changes. You also have a nicely written staff report that lays out all of these proposed changes. There are findings and conclusions that support what's being done by the CRA in the interest of furthering their redevelopment plan, and they do recommend approval, so we'd request your recommendation as well. Page 35 of 44 Packet Pg. 35 June 17, 2021 9.A.1.f CHAIRMAN FRYER: Thank you very much. No one has -- COMMISSIONER FRY: I do. CHAIRMAN FRYER: Until Commissioner Fry did. Go ahead, sir. COMMISSIONER FRY: You finished quicker than I expected, so thank you. Laura, can you describe any opposition, if any, that was expressed to these amendments, and what was the basis of that opposition? MS. DeJOHN: These changes to the bonus density pool did not bring forth a lot of comment and opposition. I think it's because the pool program already exists, and this is a, you know, refinement of the program. I know just the terminology, like the quick --quick look, when people say "bonus density," they think there could be some, you know, overdeveloping going on, and I think once there's education that this is a bonus pool that is derived from development potential that already exists, is just being, you know, pulled off of property that isn't developing residential and put onto residential properties, I think that's a helpful -- CHAIRMAN FRYER: If I may tag on to your explanation, Ms. DeJohn. There was an e-mail from a Joan Scannel or Scanell that we were copied on, and it was the subject of the discussion that I had with staff at my Tuesday staff meeting, and three points were raised, and the first one was, how much more density would be permitted? And it's my understanding that this is just a reshuffling of existing density, not adding new density. MS. DeJOHN: (Nods head.) CHAIRMAN FRYER: Then the second point was, she was very concerned that the current development appears to be already encroaching on the Everglades themselves. I believe that is not the case; am I correct? MS. DeJOHN: This area is not in proximity to the Everglades. CHAIRMAN FRYER: Okay. And then, finally, she raised the point that there are already existing empty commercial properties that have no tenants. And, typically, in a GMPA we, you know, have economic studies to show demand. And I realize, you know, there's some things coming in like Courthouse Shadows and other developments. But could you give us some comfort on the economic advisability of adding these residential uses. MS. DeJOHN: Well, again, this is all derived from the Board -adopted redevelopment plan. So the analysis that went into the redevelopment plan adopted in 2019 did find that there was actually underutilization of residentially zoned property. A lot of multifamily residentially zoned property in the CRA is not occupied with as much -- as many units as the multifamily residential zoning allows. That was a finding in the redevelopment plan. And then this question or concern about lack of commercial occupancy in some commercial spaces, usually it's the increase in residential households that is going to support and sustain more commercial and occupancy of those empty spaces. CHAIRMAN FRYER: So it would be your expert opinion and that of staff that the 2019 redevelopment plan is still valid and it still calls for more residential uses? MS. DeJOHN: It calls -- yeah, it calls for the continuation of this bonus density pool program and the continuation of incentivizing the use of the bonus pool which, again, is not an increase in net number of units in the CRA. It's a reallocation of them in exchange for public -realm improvements. CHAIRMAN FRYER: Thank you. Any -- COMMISSIONER FRY: I had one other -- CHAIRMAN FRYER: Commissioner Fry. COMMISSIONER FRY: One other question. Are there currently developments or projects out there that would be releasing, in the near term, units into the pool to help replenish the pool? MS. DeJOHN: At this time there's not a certain project I can claim is ready to deposit units into the pool, but I am aware that CRA-owned property like the 17 acres along Bayshore Drive, once a final development plan is determined there, there would be a lift of residential units Page 36 of 44 Packet Pg. 36 June 17, 2021 9.A.1.f potentially off of that CRA-owned property. COMMISSIONER FRY: Okay. I notice just mathematically that you used to have a limit of 97 or 25 percent from the pool, but now you've lifted that limit. Now, right now there are 122 available units which is much less than 388, but I guess you have the possibility that more and more units could be replenished into the pool, which would mean that at some point, if you had 5- or 600 units and you now allow 25 percent, you could have one project asking for 100 or more units. Is that -- is that acceptable? I guess I want to make sure there's not an unintended consequence of these changes. MS. DeJOHN: I can answer that. I mean, number one, it is unlikely to reach those -- the magnitude. As you can think about the size of the Naples Botanical Gardens and the 388 generated there, we will not have another piece of property like that in the CRA generating that magnitude of units. And, secondarily, the request -- they are allowed to make the request; however, those requests still go through a public hearing process. So the potential for a high number of units to be requested and if it is somehow incompatible or inappropriate for the given site, that public hearing process is going to, you know, influence the number of units ultimately achieved. COMMISSIONER FRY: Very well stated. Thank you. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: I had one question. CHAIRMAN FRYER: Yes. Please, go ahead, Commissioner Vernon. COMMISSIONER VERNON: It just sort of came --and I'll use Karl's term, unintended consequences. During the process with the staff and your analysis and everything, did you ever talk about short-term rentals, residential rentals like Airbnb, VRBO, and whether this would have any impact on that? Or did it come up in the discussions? MS. DeJOHN: I know that is a topic that gets raised during CRA advisory board meetings from time to time just in the community, but there was not a direct tie ever in our discussions about this continuation of a density pool program that already exists having some new consequences relative to that. CHAIRMAN FRYER: Commissioner Schmitt. COMMISSIONER SCHMITT: Yes. Just one point of clarification, Laura, and staff may have to answer this. The recommendation is that this go forward to the Board of County Commissioners. But will it not first have to go to the Board acting as -- sitting as the CRA advisory board and they would vote as the CRA advisory board for approval and then vote as the Board of County Commissioners? MS. DeJOHN: Well, this is a GMP amendment. COMMISSIONER SCHMITT: Deborah may know. No? MS. DeJOHN: No. Your GMP amendment is a legislative action that the, you know, Collier County Commission has purview over. COMMISSIONER SCHMITT: So for clarity, then, this has already been approved in concept by the CRA advisory board, which is the Board of County Commissioners is sitting. No? CHAIRMAN FRYER: Commissioner, take the word "advisory" out, then you've got the BCC. COMMISSIONER SCHMITT: Okay. Well, they're the -- they are the -- well, the Board sits as the CRA board. CHAIRMAN FRYER: Right. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: There is also an advisory board, but -- COMMISSIONER SCHMITT: Oh, correct. So they're the CRA board. Has this gone to the commissioners sitting as the CRA board? MS. DeJOHN: So the CRA board gave direction to the CRA staff to move forward with regulatory changes including the one we're talking about today. Page 37 of 44 Packet Pg. 37 June 17, 2021 9.A.1.f COMMISSIONER SCHMITT: I understand. I just want to make sure that that piece was actually included in the process. Okay. Thank you. MS. DeJOHN: Good point. Thank you. CHAIRMAN FRYER: Thank you, Commissioner. Anyone else? COMMISSIONER SCHMITT: I know that was confusing. Sorry. That's okay. We got her straightened out. Thank you. Does Ms. Forester wish to be heard? (No response.) CHAIRMAN FRYER: No. Okay. COMMISSIONER SCHMITT: Deborah doesn't want to steal victory out of the -- or steal defeat out of the jaws of victory; is that what -- CHAIRMAN FRYER: That's exactly what it is, right. Okay. Anything further, then, from staff? (No response.) CHAIRMAN FRYER: Apparently not. All right. Any public speakers? MR. YOUNGBLOOD: (Shakes head.) CHAIRMAN FRYER: No public speakers, says Mr. Youngblood. All right. Are we ready to close the public portion of this hearing? Then that's what -- that's what we'll do. Without objection, the public comment portion has closed, and it's now appropriate for us to deliberate and take action. COMMISSIONER SCHMITT: I'll make a motion. CHAIRMAN FRYER: Please do. COMMISSIONER SCHMITT: I'll make a motion that this be passed to the Board of County Commissioners, P1,2021000603, Bayshore/Gateway Triangle Overlay -- CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SCHMITT: -- GMP amendment. COMMISSIONER FRY: Second. CHAIRMAN FRYER: Any further discussion? If not -- COMMISSIONER HOMIAK: You're recommending transmittal? COMMISSIONER SCHMITT: Recommend transmittal, thank you, yes. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER KLUCIK: (No verbal response.) CHAIRMAN FRYER: Opposed? (No response.) Thank you, staff. COMMISSIONER FRY: Did we hear from Mr. Klucik? COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Thank you. Thank you. Now, we still have something on our agenda. I guess it would come up under new business or old business, it doesn't matter, and that has to do with any guidelines that we want to suggest to the County Attorney on the continuances matter. Page 38 of 44 Packet Pg. 38 June 17, 2021 9.A.1.f CHAIRMAN FRYER: Okay. All right. Any other new business? (No response.) CHAIRMAN FRYER: Any public comment on matters that haven't been addressed yet? (No response.) CHAIRMAN FRYER: If not. without obiection. we are adiourned. Thank vou. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:46 a.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN 8/19/21or These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 44 of 44 Packet Pg. 39 9.A.1.g Ron DeSantis GOVERNOF: FLORIDA DEPARTMENT•!' ECONOMIC OPPORTUNITY August 13, 2021 The Honorable Penny Taylor Chairman, Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Dear Chairman Taylor: Dane Eagle SECRETARY The Department of Economic Opportunity ("Department") has reviewed the proposed comprehensive plan amendment for Collier County (Amendment No. 21-05ESR) received on July 21, 2021. The review was completed under the expedited state review process. We have no comment on the proposed amendment. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the County is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the County. If the County receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department notifies the County that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 j www.FloridaJobs.org www.twitter.com/FLDEO lwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTYfTTD equipment via the Florida Relay Service at 711. Packet Pg. 40 The Honorable Penny Taylor, Chairman 9.A.1.g August 13, 2021 Page 2 of 2 If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, by telephone at (850) 717-8510 or by email at scott.rogers@deo.myflorida.com. Sincerely, Justin B. Stiell, Regional Planning Administrator Bureau of Community Planning and Growth J DS/sr Enclosure(s): Procedures for Adoption cc: James French, Deputy Department Head, Collier County Growth Management Department James Sabo, Comprehensive Planning Manager, Collier County Margaret Wuerstle, Executive Director, Southwest Florida Regional Planning Council Packet Pg. 41 9.A.1.g SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" (https://fioridajobs.secure.force.comlcp, ) ar submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Revised: March 2021 Page 1 Packet Pg. 42 9.A.1.g ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: "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 the amendment is 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." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised: March 2021 Page 2 Packet Pg. 43 9.A.1.g MedinaJosephine From: BosiMichael Sent: Friday, August 20, 2021 3:23 PM To: MedinaJosephine Subject: FW: Proposed CPA 21-05ESR / Collier County / FDOT Review Comments / 8-20-21 fyi From: Suguri, Vitor <Vitor.Suguri@dot.state.fl.us> Sent: Friday, August 20, 2021 3:09 PM To: BosiMichael <Michael.Bosi@colliercountyfl.gov> Cc: 'DEO - CPA Comments (DCPexternalagencycomments@deo.myflorida.com)' <DCPexternalagencycomments@deo.myflorida.com>; Reina, Bessie <Bessie.Reina@dot.state.fl.us>; Engala, Todd <Todd.Engala@dot.state.fl.us>; jzaballero@vhb.com; Ambikapathy, Babuji <BAmbikapathy@VHB.com>; SaboJames <James.Sabo@colliercountyfl.gov> Subject: Proposed CPA 21-05ESR / Collier County / FDOT Review Comments / 8-20-21 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Bosi, Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of Transportation (FDOT) reviewed the Collier County's Proposed Comprehensive Plan Amendment (CPA) package 21-05ESR. The amendment proposes to amend 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. FDOT Review Comment: FDOT determined the proposed amendment has no significant adverse impacts to transportation resources or facilities of state importance and will not form a basis of challenge. However, the Department recommends to be included in the review of future developments for the Bayshore/Gateway Triangle area, as it is not possible to make a precise determination on the impacts to the state facility. FDOT Technical Assistance 1: FDOT encourages the County to promote the use of multimodal alternatives within the planning and development of communities that aid in mitigating potential transportation impacts, promote safety and economic development, and improve quality of life for all communities in the county. These development types help to decrease overall passenger vehicle trips on the roadway network by encouraging compact and dense developments that provide multimodal connectivity between existing and future development areas. This context sensitive approach promotes healthy, safe, and economically viable communities that encourages quality of life, and incorporates all modes of transportation. Packet Pg. 44 9.A.1.g FDOT Technical Assistance 2: The Department welcomes the opportunity for early coordination on proposed projects for the area and the required improvements on state facilities. FDOT appreciates your commitment to intergovernmental coordination and the opportunity to review and comment on the proposed amendment. Thank you, Vitor Suguri, Ph.D. Community Planner Florida Department of Transportation - District One 10041 Daniels Parkway Fort Myers, FL 33913 (239) 225-1959 - Desk (863) 221-1707 - Cell FDOT Fp�� FLHSMV CHILD SAFETY - -�-__ $TARTS wins YOU Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a y public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. r m J 2 Gl ti O r C d E t V f3 r z Packet Pg. 45 9.A.1.g MedinaJosephine From: SaboJames Sent: Wednesday, August 25, 2021 10:15 AM To: MedinaJosephine Subject: FW: Collier County 21-05ESR Proposed Josey, Forwarding Environment outside agency comments to you. Respectfully, C. James Sabo, AICP Comprehensive Planning Manager Cott C01414ty Zoning Division James.Sabo@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2708 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.ol/eXivgT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Plan —Review <Plan.Review@dep.state.fl.us> Sent: Tuesday, August 24, 2021 5:07 PM To: BosiMichael <Michael.Bosi@colliercountyfl.gov>; dcpexternalagencycomments@deo.myflorida.com Cc: Plan —Review <PIan. Review@dep.state.fl.us>; SaboJames <James.Sabo@colliercountyfl.gov> Subject: Collier County 21-05ESR Proposed EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. To: Michael Bosi, AICP, Zoning Director Re: Collier County 21-05ESR — Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Packet Pg. 46 9.A.1.g Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to Plan.ReviewgFloridaDEP.gov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at (850) 717-9037. I Packet Pg. 47 9.A.1.g MedinaJosephine From: BosiMichael Sent: Friday, July 30, 2021 10:36 AM To: MedinaJosephine Subject: FW: Collier County 21-05ESR (PL20210000603) FYI From: Hight, Jason <Jason.Hight@MyFWC.com> Sent: Friday, July 30, 2021 10:33 AM To: BosiMichael <Michael.Bosi@colliercountyfl.gov>; SaboJames <James.Sabo@colliercountyfl.gov> Cc: Cucinella, Josh <Josh.Cucinella@MyFWC.com>; Calyniuk, Cori <Cori.Calyniuk@MyFWC.com>; Conservation Planning Services<conservationplanningservices@MyFWC.com>; DCPexternalagencycomments@deo.myflorida.com Subject: Collier County 21-05ESR (PL20210000603) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr. Sabo: Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment. If you have specific technical questions, please contact Cori Calyniuk at (850) 556-5948 or by email at Cori.Calyniuk@MyFWC.com. For all other inquiries, please contact our office by email at Conservation PlanningServices@MyFWC.com. Sincerely, Jason Hight, Acting Director Office of Conservation Planning Services Florida Fish and Wildlife Conservation Commission 620 S. Meridian Street, MS 5B5 Tallahassee, Florida 32399 Desk - 850-413-6966 Mobile - 850-228-2055 Collier County 21-05ESR_45014 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 48 SINCE 1946 ENGINEERING TO: Jeremy Frantz DATE: February 18, 2020 Data & Analysis Density Pool GMP and FROM: Mike Bosi, AICP RE: LDC amendments Please find attached to the support Data and Analysis for the proposed Bayshore Community Redevelopment Agency (CRA) Density Pool Growth Management Plan (GMP) amendment and subsequent Land Development Code (LDC) Amendment. The following documents are provided within the package. Ordinance NO. 2000-87, the GMP amendment that adopted the Bayshore/Gateway Triangle Redevelopment Overlay, which established the original density bonus for the Overlay. The 388 dwelling units that were density associated with the lands that were to be rezoned to the Naples Botanical Garden PUD and to become available within the Overlay after the rezoning of the property. Justification for what is proposed within current the Density Pool GMP amendment. Ordinance NO. 2007-18, The GMP amendment that modified the Bayshore/Gateway Triangle Redevelopment Overlay to designate the 388 units density bonus units available to the Overlay, as the Density Pool Units and eliminate the restriction of these units, recognizing the Botanical Garden PUD rezone had already transpired. Another recognition that density within the Overlay, when transitioned to non-residential use can be utilized by the Overlay to promote the redevelopment goals of the CRA. The update Bayshore Redevelopment Plan, adopted by the BCC on May 13, 2019. The plan through Objective 1, Strategy 2 directs that, "In awarding density pool units, establish eligibility requirements and/or performance metrics that promote these urban approaches." This directive supports the newly established criteria for density pool participation proposed with the proposed Density Pool amendment, as well as the public realm improvements proposed. Located on page 5-3-14 of the attached Redevelopment Plan. Objective 3, Strategy 1 promotes the identification of opportunities and incentives for the promotion of public art and other public realm improvements (page 5-3-22). As proposed within the public realm improvements proposed within the Density Pool amendments. Additional Public Realm support within the Redevelopment Plan can be found within Objective 1 (page 5-3-14), 2 (page 5-3-16) and 3 (page 53- 22) of Element 5.3.2. Ordinance NO. 17-18, The Mattamy RPUD, which on page 11 contains a provision to where unused Density Pool Units revert to the Density Pool if not used within a specific time frame, as proposed within the Density Pool amendment. 2350 Stanford Court . Naples, Florida 34112 (239) 434-0333 . Fax (239) 434-9320 Packet Pg. 49 9.A.2 11/18/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Item Summary: PL20210001033 - Limited Density Bonus Pool - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to establish a limited density bonus pool allocation for multifamily projects and mixed use projects 2 acres or less; and to provide for public realm improvements for projects which utilize the density bonus pool, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.01 - Abbreviations; Chapter 4 — Site Design and Development Standards, including Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area; Chapter 10 — Application, Review, and Decision -Making Procedures, including Section 10.02.15 - Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area and Section 10.03.06 - Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner] (Companion Item to PL20210000603 and PL20210001222) Meeting Date: 11/18/2021 Prepared by: Title: Planner, Principal — Zoning Name: Eric Johnson 10/25/2021 3:50 PM Submitted by: Title: — Zoning Name: Mike Bosi 10/25/2021 3:50 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 10/26/2021 3:22 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed Zoning Mike Bosi Zoning Director Review Completed 10/29/2021 10:45 AM Growth Management Department James C French GMD Deputy Dept Head Completed 11/02/2021 6:34 PM Planning Commission Edwin Fryer Meeting Pending 11/18/2021 2:00 PM Packet Pg. 50 9.A.2.a Collier co"Vity Growth Management Department LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210001033 ORIGIN Board of County Commissioners (Board) HEARING DATES SUMMARY OF AMENDMENT This land development code (LDC) amendment updates LDC section 4.02.16 by creating limited bonus density pool allocation provisions for the Bayshore Gateway Triangle Redevelopment Area (BGTRA). The bonus density pool allocation program, which grants additional dwelling units to qualifying projects, was originally established for the BGTRA in 2006. This LDC amendment also proposes changes to the Administrative Code. LDC SECTION TO BE AMENDED BCC TBD 01.08.01 Abbreviations CCPC 11/18/2021 04.02.16 Design Standards for Development in the Bayshore Gateway DSAC 08/04/2021 Triangle Redevelopment Area DSAC-LDR 06/15/2021 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area 10.03.06 Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with Recommendations Approval TBD BACKGROUND The Collier County Community Redevelopment Agency (CRA) was established on March 14, 2000, to focus on the rehabilitation, conservation, or redevelopment of two different geographic areas in the County, one of which being the Bayshore/Gateway Triangle Redevelopment Area described in Resolution 2000-83. The Board adopted the Collier County Community Redevelopment Plan (Redevelopment Plan) on June 13, 2000. Later that year, the Board adopted two ordinances, described as follows: Ordinance 2000-87 This was an amendment that established the Bayshore/Gateway Triangle Overlay (B/GTRO) in the GMP. A maximum of 388 dwelling units was approved for the B/GTRO for density bonuses purposes. These dwelling units were derived from the then -anticipated rezoning of the botanical gardens property, which subsequently occurred in 2003, pursuant to Ordinance 2003-29. Ordinance 2000-92 This was an amendment to the LDC that established the Bayshore Drive Mixed Use Overlay District (BMUD). In 2006, the LDC was amended to include the bonus density pool allocation provisions, pursuant to Ordinance 2006- 08. These 388 bonus density units were to be used in the BMUD and the newly created Gateway Triangle Mixed Use Overlay District (GTMUD), through the mixed use project (MUP) approval process. On May 28, 2013, the Board approved a Growth Management Plan (GMP) amendment to the B/GTRO, stipulating that no project could utilize more than 97 units or 25% of the total density pool available. Almost six years later, a major amendment to the Redevelopment Plan was made, reflecting the current conditions of the Bayshore Gateway Triangle area (Exhibit A) and updating the vision and approach to redevelopment in that area. One of the sub -issues of the Redevelopment Plan is that the built density of the BGTRA is "far below approved density" for the RMF-6 residences in the Gateway Triangle area (see Exhibit B). The Redevelopment Plan contains the density bonus pool for the purpose promoting urban -style development. The bonus density pool can be increased through allocation of residential units that are not developed. When residentially -zoned properties GALDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Po Packet Pg. 51 9.A.2.a Collier co"Vity Growth Management Department are rezoned to a non-residential district, those undeveloped dwelling units can be dedicated to the bonus density pool allocation via a legally recorded instrument, restricting the property from developing dwelling units in the future. The total number of dwelling units in the program was once 388; however, as of the date of this publication, only 122 remain. The number of available units is monitored by the CRA. The proposed provisions for limited density bonus allocation units will be applicable to mixed use projects as well as multi -family residential projects. The purpose of this LDC amendment is threefold: to replenish the pool of units, address smaller multi -family or mixed -use sites seeking one to four bonus units, and to refine eligibility criteria to provide for bonus units to provide for public realm improvements. It should be noted that an amendment to the GMP (PL20210000603) is currently being processed to ensure the Redevelopment Plan will be consistent with the GMP. As such, this LDC amendment will ensure the LDC will be consistent with the contemplated changes to the GMP by providing for the limited density bonus pool allocation provisions. DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval with the following changes, which have been incorporated into the amendment: Delete the word "approved" where it indicates "approved criteria" in LDC section 4.02.16 C.11. Delete the following paragraph in LDC section 4.02.16 C.12.a.iv.: Where no engineer's Opinion of Probable Cost is available at time of SDP or plat approval, the architects estimate of value will be reviewed and approved by the County Manager or designee. Get clarification from County Attorney's Office regarding LDC section 4.02.16 C.12.b.ii. The DSAC-LDR Subcommittee did not object to any of staffs edits that were presented at the meeting. They understood that future changes to administrative code may be forthcoming and advised that those changes could be brought directly to the DSAC. FISCAL & OPERATIONAL IMPACTS No fiscal impacts are anticipated. However, the workload of the Office of the Hearing Examiner can potentially increase due to the Limited Bonus Density Pool Allocation application process, resulting in an operational impact. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the Future Land Use Element, B/GTRO, of the GMP. This determinatinon is based on an expectation that the companion GMPA (PL20210000603) will be adopted by the Board, along with a companion administrative code amendment providing specifics of when a TIS or consistency with access management would be required for this new process. EXHIBITS: A) CRA Study Area in Redevelopment Plan; B) Table 5-2-1 of Redevelopment Plan; and C) Administrative Code Changes 2 GALDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Po Packet Pg. 52 9.A.2.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Amend the LDC as follows: 1.08.01 — Abbreviations ICBSD Immokalee Central Business Subdistrict LDBPA Limited Density Bonus Pool Allocation LDC Collier County Land Development Code # # # # # # # # # # # # # 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area * * * * * * * * * * * * * C. Additional Standards for Specific Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. * * * * * * * * * * * * * 10. Limited Density Bonus Pool Allocation (LDBPA) for multi -family or mixed use developments on two acres or less. a. Purpose and Intent. The limited density bonus pool for smaller developments are to incentivize redevelopment and to promote investment in the public realm. b. Eligibility. Up to two additional dwelling units per acre are allowed to be allocated to a multi -family or mixed use development through an LDBPA, subject to the following requirements and procedures: i. The project must comply with the dimensional and design standards of the BO or GTO as applicable. ii. The development shall be within a zoning district or overlay zoning district that permits multi -family development or mixed use development. iii. The property shall be limited to a maximum of two acres. An allocation request shall not be granted for property that is subdivided after the (effective date of Ordinancel, iv. The maximum number of additional units shall be limited to four additional units and not exceed a density increase of two additional dwelling units per acre. 3 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Pool.docx Packet Pg. 53 9.A.2.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 V. Development must comply with eligibility criteria in LDC section 4.02.16 C.12. vi. The Administrative Code shall establish the process and submittal requirements for an LBDPA application. C. Public notice. Public notice, notice to property owners, and an advertised public hearing, is required and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R and Chapter 6 of the Administrative Code. d. Evaluation criteria. The application shall be reviewed by the Hearing Examiner or CCPC for compliance with the following standards of approval: i. The proposed development is consistent with the GMP. The development shall have a beneficial effect upon the neighborhood and advance a Goal, Objective, or Strategy of the adopted Bayshore Redevelopment Plan. iii. Internal driveways, utilities, drainage facilities, recreation areas, building heights, yards, architectural features, vehicular parking, loading facilities, sight distances, landscaping and buffers shall be adequate for the particular use involved. iv. Vehicular access to the project shall not be gated. V. The petition has provided compatibility enhancements by exceeding minimum buffer requirements or incorporating streetscaDe enhancements. vi. Compliance with the public realm improvement requirements in LDC section 4.02.16 C.12. 11. Density Pool Allocation for developments over two acres. LDC section 10.02.15 C. provides for the process for a development to utilize the Density Pool. In addition to those criteria, the application shall also provide for: a. Commitment that the project shall not be gated Contribution to the public realm improvements in LDC section 4.02.16 C.12. 12. Public realm improvements. Any project that receives an allocation of Density Bonus Pool units requires an improvement or contribution to the public realm within the Bayshore Gateway Triangle Redevelopment Area at time of SDP or Plat approval. 4 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Pool.docx Packet Pg. 54 9.A.2.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 a. Monetary Contributions will be made to CRA for the CRA's Public Art Fund or Capital Project Fund, or County Capital Project fund for projects within the BGTCRA boundary as follows: i. For projects that receive one to four units from the Density Bonus Pool, the amount will be three percent of the engineer's Opinion of Probable Cost. to be Drovided at time of each SDP or PPL for the rp oject; ii. For projects that receive five to nine units from the Density Bonus Pool, the amount will be five percent of the engineer's Opinion of Probable Cost. to be Drovided at time of each SDP or PPL for the rp oject; iii. For projects that receive ten or more units from the Density Bonus Pool, the amount will be five percent of the engineer's Opinion of Probable Cost, to be provided at time of each SDP or PPL for the project, plus an additional one percent of the engineer's Opinion of Probable Cost for each increment of 10 Density Bonus Pool units allocated over nine units; for example for 20-29 Density Bonus Pool units, the calculation is five percent + one percent + one percent = seven percent; or As an alternative or offset to the monetary contribution of LDC section 4.02.16 C.12., physical improvements within the project and land or easement dedications may be made to the County or the CRA provided the improvement and/or land or easement is identified as a need in the adopted CRA Redevelopment Plan, Public Art Pilot Plan, CRA Capital Improvement Plan or County Capital Improvement Plans, and in accordance with the following: The aDDlicant's Dhvsical contribution and/or dedication of land or easement will be approved by the CRA advisory board or CRA staff and stated in a condition of approval as part of the public hearing process required for projects seeking units from the Density Bonus Pool, as a condition of approval of the SDP or plat or in a developer's agreement. The value of the land or easement dedication shall be the fair market value determined by a real estate appraisal approved by the County Manager or designee. The cost of physical improvement shall be determined according to an engineer's Opinion of Probable Cost, or where no engineer's Opinion of Probable Cost is available the architect's estimate of value, which must be approved by the County Manager or designee, and iii. If the value of the land or easement convevance and the cost of the Physical improvement is less than the required monetary contribution in LDC section 4.02.16 C.12.a., then the applicant will pay the difference as a monetary contribution to CRA for the CRA's 5 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Pool.docx Packet Pg. 55 9.A.2.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Public Art Fund or Capital Project Fund, or County Capital Project fund for projects within the BGTCRA boundary. C. Prior to the issuance of the first certificate of occupancy for the project, the applicant shall provide evidence that the required monetary contribution has been deposited within the appropriate CRA fund, the land or public easement conveyance has been accepted by the County or CRA and recorded in the Public Records of Collier County, and/or the public realm improvement has been installed or constructed as required by developer's agreement or condition of development order approval. 13. Expiration. All Density Bonus Pool allocations shall expire five years from the date of approval if building permits for the allocated units have not be issued. Upon expiration, the units shall revert to the Density Bonus Pool. # # # # # # # # # # # # # 10.02.15 - Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area * * * * * * * * * * * * * C. Bonus Density Pool Allocation. Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These bonus density units may be allocated between the BO and GTO overlays. and shall onlv be allocated throuah a Dublic hearina aDDroval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. * * * * * * * * * * * * * 5. 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. Expiration. All Density Bonus Pool units shall expire five years from the date of approval if building permits for the allocated units have not be issued. Upon expiration, the units shall revert to the Density Bonus Pool. # # # # # # # # # # # # # 10.03.06 - Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. 6 GALDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Pool.docx Packet Pg. 56 9.A.2.a I 2 3 4 R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F1 5 deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant 6 to LDC section 4.02.16 C.10. 7 8 1. The following advertised public hearings are required: 9 10 a. One Planning Commission or Hearing Examiner hearing. 11 12 b. If heard by the Planning Commission, one BZA hearing. 13 14 2. The following notice procedures are required: 15 16 a. Newspaper Advertisement prior to the advertised public hearing in 17 accordance with F.S. § 125.66. 18 19 b. Mailed Notice prior to the advertised public hearing. 7 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Pool.docx Packet Pg. 57 9.A.2.a Exhibit A — CRA Study Area in Redevelopment Plan #4�3ls�:s� ewee�wr n.m�prr ctusruw.�r�a DAYrsvc KMwaa�O AVE 9aY'vw LM I i I � k 1 a } t pIIARFtf aSVk 6 �� Sfi � � Poglon�l 1 YAIENDX .r �. + 4 ,._. ANONEWSAYF 8 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 - Limited Density Bonus Pool.docx Packet Pg. 58 9.A.2.a Exhibit B — Table 5-2-1 of Redevelopment Plan Sub4ssue Specific■ _■rMentioned Inadequate street layout and + 5hadowlawn Or design (including sub -standard • Thomasson Dr street widths) * Most focal streets • Davis Blvd Commercial parking problems • Airport Rd * Bayshore Rd • US 41 Predominance of defedive or of streetlights for . Major arterials inadequate street layou layout al st cstreeee ts arterial and most local arterial ; Most local streets Davis Blvd Shadowlawn Dr Lark of sidewalks * Bayshore Rd south of Thomasson Rd + Most local streets Lack of neighborhood connections . Residential neighborhoods • US 41 Commercial Ints a Davis Blvd Faubty lit layout In relation to size. * Utween Pine St and L1541L adequacy, accessibility, or Built density far below approved a RMF-6 residences in Gateway usefulness density Triangle area Not meeting lot standards in at * RMF-6 reside ntiaI properties Iua5t one respec# * Bayshore area residences Disproportionate lack of plurnbirig Unsanitary of unsafe conditfibns Disproportionate overcrowding 2 unsafe structures Lark of sidewalks and streetlights Poor drainage of Iical roads, Deterioration of site or other surface water management improvements problems Lack of right-of-way for improvements along 5hadowlawn Dr No public transpnrta4ion prowded Other problems in CRA area Housing affordability noted as an issue in the county and a5 an Issue that could get worse in the CRA area Tab.5.2-3- findings of Shghfed Condirions in CAA Amp IF 100M Bayshore Gateway Triangle CRA Area Plan —May 2dd9 5-2-2 9 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\1 1-1 8-21\PL20210001033 - Limited Density Bonus Pool.docx Packet Pg. 59 9.A.2.a Exhibit C — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Chapter 6. Waivers, Exemptions, and Reductions * * * * * * * * * * * * * N. Limited Density Bonus Pool Allocation (LDBPA) Reference LDC section 4.02.16 C. and LDC section 10.03.06 R. Applicability Property Owners in the Bayshore Overlay District (BO) and Gateway Triangle Overlay District (GTO), which are zoned as either multi -family or mixed use, 2 acres or less are allowed to add 2 units per acer when satisfying the criteria of LDC section 4.02.16.C.10. Initiation The applicant files a "Limited Density Bonus Pool" application with the Planning & Zoning Division. Pre -Application A pre -application meeting is required. Application A limited density pool application must include the following, in addition to the Application Contents Contents and Requirements for an SDP, SDPA, or SIP. Cq See Chapter 4 1.2 — 1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03. the encineerine plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For protects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape Dlans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearlv delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment Droiect and how it is consistent with the standards for approval, LDC section 4.02.16.00. 2. Submittal of a Traffic Impact Statement. 3. Demonstrated compliance with the County's access management policies. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; 10 G1LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 -Limited Density Bonus Pool.docx Packet Pg. 60 9.A.2.a Exhibit C — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions b. Application number and project name; C. 2 in. x 3 in. map of project location; and d. Description of location. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision maker The Hearine Examiner or BZA. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report utilizing the criteria established in LDC section 4.02.16 C.10.d. to present to the decision maker. 11 G:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2021\11-18-21\PL20210001033 - Limited Density Bonus Pool.docx Packet Pg. 61