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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 - I - 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 - 2 - 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 - 3 - 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 ,' ' /.7