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
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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
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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
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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:
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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.
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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
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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
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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.
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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
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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
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otherwise provided within the Mini Triangle Subdistrict.
3. Non-residential/non-commercial uses allowed within this Overlay include essential
services; parks, recreation and open space uses; water -dependent and water -related
uses; child care centers; community facility uses; safety service facilities; and utility and
communication facilities.
4. Density Bonus Pool for mixed use development. Properties with access to US 41 East
and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport -
Pulling Road may be allowed a maximum density of twelve (12) residential units per
acre via use of the density bonus pool identified described further in paragraph 4412
below, except that no project may utilize more than 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
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applicable zoning overlay. Properties located within the Mini Triangle Subdistrict are
exempt from this paragraph.
6. Density Bonus Pool for Multi -Family or Mixed Use developments up to 2 acres in size.
Up to 2 additional dwelling units per acre are allowed to be allocated to multi -family or
mixed use developments through a limited density bonus pool allocation from the
density bonus pool identified in paragraph 12 subject to eligibility criteria listed in a-e
below.
a The development shall be within a zoning district or overlay zoning district that
permits multi -family development or mixed use development.
b The property is limited to a maximum of 2 acres. An allocation request shall not
be granted for property that is subdivided after the 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 "')
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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.
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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.
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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.
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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;
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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 („`
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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
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Element of the GMP, are available for this RPUD for a period of seven (7) years from
the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have
not been utilized, the bonus units shall expire and not be available unless authorized by
the Board of Zoning Appeals.
15. For eligibility to utilize the density bonus pool the 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.
# # # # # # # # # # # # # #
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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Packet Pg. 53
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V. Development must comply with eligibility criteria in LDC section
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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
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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
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9.A.2.a
1
2
3
4
5
6
7
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9
10
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14
15
16
17
18
19
20
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32
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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.
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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
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9.A.2.a
Exhibit A — CRA Study Area in Redevelopment Plan
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8
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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
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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
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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
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