Ordinance 95-07 ORDINANCE NO. 95- 7
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 89-05, AS AMENDED, WHICH
ADOPTED THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER CO~[Y, FLORIDA BY
PROVIDING FOR A REMEDIAL AMENDMENT TO THE
PLAN TO THE DENSITY RATING SYSTEM SECTION
OF THE FUTURE LAND USE ELEMENT IN .~-
S~P~'LEMENT OF DOAH CASE NUMBER 94-3494GM;
BY PROVIDING FOR S~/ERABILITY; AND BY ~,,~.~=..
WHEREAS, Collier County did submit the 1993 Grow~'
Managment Plan Amendments to ~he Florida Department
Community Affairs (DCA) for the preliminary review on
November 3, 1993; and
WHEREAS, the DCA did review and make written objections
to certain sections of the proposed Plan in the Objections,
Recommendations and Comments Report (ORC Report) and
transmitted the same in writing to Collier County on January
27, 1994; and
W~EREAS, the Collier County Planning Commission in a
~nner prescribed by law did hold a public he~ring concerning
t~e sdoption of the ~mend~ents to the Growth ~nagement Plan
on ~ch 1~, 199~ and recommended their adoption by the Board
of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier
County di~ take action ~n the manner prescribed by law and
did ho~d a public hearing to ~dopt, by Ordinance 93-22, the
amendments to the Growth Management P~an on April I2~ 199~
and
WH1~FJ~S~ the DCA issued ~ Statement of Intent on ~une
1~, 1994 ~o Eind the Growth ~,,nagement Plan Amendment Not In
Compliance based on the O~C Report ~ich became Division of
Ad~inistrative I-!ea~incJs (DOAH) Case Numbe~ 94-]494GH; ~n~
WHEREAS, Collier County entered into ~ S~ipul~ted -,
Settlement Agreement to resolve Case ~o. 94-3~94 ~H and
agreed to prepare a remedi~ plan amendment; and
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WHLrR~j~S, the Collier County Planning Commission in a
manner preacribed by law did hold their public hearing
concerning the adoption of the remedial plan amendment on
February 2, 1995; and
WHEREAS, the Board of County Commissioners of Collier
County held their public hearing and adopted the remedial
plan amendment pursuant to the Stipulated Settlement
Agreement on Februar~ 28, i995.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COW~MISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
~ ADOPTION OF THE REMEDIAL GROWTH MANAGEMENT PLAN
This Ordinance as described herein, shall be known as
the Remedial Growth Management Pla~ Amendment for Collier
County, Florida. The Collier County Remedial Growth
Management Plan Amendment, attached hereto and incorporated
herein by reference as Exhibit A, consists of an amendment to
the Density Rating System Section of the Future Land Use
Element of the Growth Management Plan and is hereby adopted.
~a~J~: SEVERABILITY
If any phrase or portion of this Ordinance is held
"invalid or unconstitutional by any court of competent
Jurisdiction, such por~cion shall be deemed a separate,
distinct and independent provision and ~uch holding shall not
affect the validity of the remaining portion.
~T~l_~a~: EFFECTIVE DATE
The effective date of this Remedial Growth Hanagement
Plan Amendment shall be the date a final order is issued by
the Department of Community Affairs or Administration
Commission finding the Amendment in compliance in accordance
with Section 163.3184, Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of
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noncomptJ, ance is issued by t, he Admin~strat~on Commission,
this amendment may nevertheles.~ be made e~fect~ve by adoption
of a resoZution affirming its effective status, a copy of
which resolution shall be sent to the Oepartment of Community
Affairs, Bureau of Local Planning, 2740 Canterrier Drive,
Tallahalaee, Florida 32399-2100.
PASSED AND DULY ADOPTED k~! the Board of County
Commissioners of Collier County, Florida, this 28th day of
February, 1995.
· = · DWIGHT 1. '. BRDL~, C K ' '
~ # a
., ,..ASSTItTANT COUNTY ATTORNEY
i ,ec v
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EXHIBIT A
The following language changes (strike through deletes
language and underlined fs propQsed language, the bold
language are the revisions proposed by staff to meet the
Department of Community Affairs finding or not in
compliance) are proposed to the Density Rating System of
the Future Land Use Element (page LU-I-23):
Conditions:
1. =,~ ,~&& ~&l: The maximum permitted density
exceed 16 residential dwellings units per gross acrev
except when utilizin~ the Transfer or Development Riahts
~TDRI Section 2.2.24.10 of the Land Development Code
edomtedbvOrdinsnee I 9X-102o ou O~tober 30. 1991. The
' TDR section allows for the maxim number of residential
units ~ermitted under the zonina district to be exceeded
EQLI_~nJ~Iel maxim of treaty percent {Z01~ andshall
otherwise be consistent with the Density Retina System.
Lands ~uelified us sendin~ sre~s must be desi~nated
Special Treatment {2T) Overlay District. Density shall
~t be transferred into the Coastal_Management Area ~rom
outside the Coastal Hanagement Area.
2. The maximum permitted densitF shall not exceed 4
residential d~elling units per gross ~cre ~ithin the
Traffic Congestion Area which includes the Coastal
Management Area, unless it is increased through
cornersion of commercial zoning, provision of affordable
housing, use o[ the pr~ision for residential in-fill,
use of the Transfer 9f Develo~meDt Richts Section of the
Land DeVel0~ment Code a4oDted b~__Qldinan~e ~ 91-102 on
October 30° 1991, or for density a~arded ~ithin the
b~undaries of an Activity Center. Properties adjacent
to the Traffic Congestion Area shall be considered part
o= the Traffic Congestion Area if their principal access
is to a road forming the boundar~ of the Area. In the
Coastal Management Area. TDR'2 shall only be trsnsferred
ZrOm 'ST~ Dsrcels located within the Coastal Manageme~
Area to receivin~ areas within the Coastal Management
Ares. Density shall not be tranm~erre~ into the CoaStal
M~na~ement Rrea frem outside ~he Coastal Manauement
Area. The density in the reoeivinu ere~ Shall
excee~ the sonin~ district bv · maximum of 20% ~nd
shall otherwise be consisten~ with the Density
2v~tem. Lands uuelif~in~ as sending ~re~s must b~
desksnared "ST" by the Xand Development
(IV) 3. The maxima permitted density shall not exceed
(VII) 4 residential dwelling units per gross acre within
a portion of the Coastal Management Area which is
bounded by the City of Naples to the west, US 41 to the
north and the Area of Critical State Concern to the
east, excepting Marco Island, which shall be allowed up
to 6 dwelling units per gross acre for projects that
qualify for a commercial zoning conversion bonus as set
forth in the Density Rating System. Any project
qualifying for such a bonus shall prepare and implement
a hurricane evacuation plan for the project, which shall
be ~ubJect to review by the Collier County Emergency '
Management Director. A second exception to this density
standard shall be made to allo~ a maximum of 12 dwelling
units per gross acre (maximum 8 dwelling units per gross
acre on Marco Island) for affordable housing not to
exceed a maxima of 600 affordable housing units in the
Urban Coastal Fringe Area provided appropriate
mitigation is provided consistent with Policy 13.1.2 of
the Conservation and Coastal Management Element.
The 600 affordable housing units to be allowed in ~he
Urban Coastal Fringe Area and eligibility therefore will
be determined by using the U.S. Department of Housing
and Urban Development income definitions, bedrooms per
unit and additional guidelines outlined in the
Affordable Housing Density Bonus (AHDB) Ordinance 90-89
adopted on November 27, 1990 and shall be distributed
throughout the Urban Coastal Fringe Area based on
hurricane evacuation routes as defined by the F~.=s{J~
a~ U~an I~r~¥~en~ Emer~e~Z_~ Director.
All units (including market rate) awarded by the AHDB
Ordinance above the permitted base density of 4 dwelling
units per gross acre, plus any other density bonus
available minus any density reduction for traffic
congestion or coastal management area shall be counted
toward the 600 dwelling unit cap.
~ third exception to the density standard would be the
E~tqYt0/fn ~o_increase densitv through the Transfer of
~Nly_~=nt Rights Section of the Land Develooment Code
adopted by Ordinance I 91-102_gal_O~tober 30, 1991.
provided aD~roDriate mitiaation ~s reauired consistent
~ith Policy 13.1.2 of ~he ConserVation and Coastal
Manaaa~ent Element. The density in ~he receivina area
a~d shall not exceed the sonina distrig~ by a maximum of
201 and ahall otherwise be consistent with the Density
Rating System. Density shal3 not be transferred in~
the Coastal Manaaement Area from ~utside the c~
~naaement Area. L~nds gualifving as se~din~ areas must
~s dasi~natsd "ST" bY the Land Development Code.
4. Travel Trailer Recreational Vehicle Parks shall be
allowed to develop at a density consistent with the
~oning Ordinance.
STATE OF FLORIDA
COUNTY OF COLLIER
I, DWIGHT E, BROCK, Clerk ef Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinmnce No. 95-7
which was adopted by the Board of County Commissioners on
the 28th day of February, 1995. during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of March. 1995.
DWIGHT E. BROCK · .i /.~,
Clerk of Courts and Cler~.h'~
Ex-offtcto to Board
of
County Commissioners ',
·
s/Maureen Kenyon ,~, ' ' .'
Deputy Clerk ,' '
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