CCPC Backup 05/20/2010 Rccpc
REGULAR
MEETING
BACKUP
DOCUMENTS
MAY 20, 2010
* *REVISED **
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 20, 2010, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
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.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL, BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL, OF MINUTES -April 15,2010
6. BCC REPORT- RECAPS - May 11, 2010
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. LDC Amendment 2.03.07 G - Immokalee Deviation Process [Coordinator: Susan Istenes]
SV- PL2009 -2421 TAC Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is requesting a
variance from Collier County Land Development Code (LDC) Section 5.06.04 F.I. which requires a
minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603 f feet
between two ground signs. The subject property, American Momentum Center, is located on 8625
Tamiami Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: Nancy Gundlach]
C. PUDA- PL2009 -1499 Lennar Homes, LLC, represented by David R. Underhill, Jr, of Banks Engineering,
and R. Bruce Anderson, of Roetzel & Andress, LPA, is requesting an amendment to the Heritage Bay
Planned Unit Development (PUD (Ordinance No. 03 -40) to add additional development standards for the
AC /R3 designated area on the Master Plan to allow townhouse units, by amending Section 2.24, to add item F
and by adding Table 2A, by allowing deviations from the land Development Code (LDC) Sections 6.06.0LB
and 6.06.01.01(0) regarding standard road section and road width; by allowing a deviation from LDC Section
4.05.02.F to allow back out parking; and by allowing deviations from LDC Sections 4.05.021 and 4.05.03
regarding same -lot parking facilities to allow parking within easements dedicated to all residents; and by
adding Exhibit A -I to show the layout; and by adding Exhibit A -2 to reflect the area wherein the amendment
is effective; and by adding any other stipulations or regulations that may result from the amendment process
pertaining to the 26± -acre AC /R3 designated area within the 2,562 acre Heritage Bay PUD project. The
AC /R3 subject property is located in Section 23, Township 48 South, Range 26 East, Collier County, Florida.
The subject 2,562± acres (the entire Heritage Bay PUD) is located on the north side of Immokalee Road
(SR 846) east of Collier Boulevard (CR 951), in Sections 13, 14, 23, and 24, Township 48 South, Range 26
East, Collier County, Florida. [Coordinator: Kay Deselem]
9, ADVERTISED PUBLIC HEARINGS
A. LDC Amendment Manatee Protection Plan — Shoreline Calculations [Coordinator: Stephen Lenberger]
B. CP- 2008 -5, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee Area
Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to
commercial acreage, industrial acreage, and allowable residential density; elimination of some existing
designations; creation of a new designation for the Immokalee Regional Airport site; and, addition of
approximately 103 acres presently designated Agricultural /Rural within the Rural Lands Stewardship
Area as Identified on the countywide Future Land Use Map. [Coordinator: Carolina Valera, Principal
Planner]
10, OLD BUSINESS
11. NEW BUSINESS
A. Adoption Hearing schedule for GMP amendment petition CP- 2008 -5, lmmokalee Area Master Plan
[Coordinator: David Weeks, Planning Manager]
B. Conversion of the Standard Industrial Classification (SIC) to the North American Industry Classification
System (NAICS) [Coordinator: Susan Istenes, AICP, Manager, Special Projects]
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
5110/10 CCPC Agenda/Ray Bellows /jmp
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF LAND DEVELOPMENT
CODE CHANGE
LDC AMENDMENT CYCLE 2009 -1
Notice is hereby given that on Thursday May 20, 2010 at 8.30 A.M., in the Board of County Commissioners Meeting
Room, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Collier
County Planning Commission, at its regular meeting, proposes to take under advisement one remaining amendment to the
Collier County Land Development Code that was not completed in time to be heard with the others of this current cycle,
the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMEND-
ING 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, 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 1 - GENERAL PROVISIONS, INCLUDING SEC-
TION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND
USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTUR-
AL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUS-
TRIAL DISTRICT (1), SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE
ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZON-
ING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROV-
ALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01
DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING
SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01
GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIRE-
MENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER
REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS;
CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING ADDING SECTION 4.02.01
DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMEN-
SIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS,
SECTION 4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29 SAME -FARM MARKET OVERLAY SUB-
DISTRICT, SECTION 4.02.32 SAME - MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN
STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02
DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENER-
ALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION;
CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SEC-
TION 5.04.01 GENERALLY (TO BE PROVIDED), SECTION 5.04.04 MODEL HOMES AND MODEL SALES CEN-
TERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07
- ANNUAL BEACH EVENTS PERMITS, SECTION 5.04.08 [RESERVED], SECTION 5.05.02 MARINAS, 5.05.05
AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE
PARK DESIGN STANDARDS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDEN-
TIAL DISTRICTS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILI-
TIES REQUIREMENTS, INCLUDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE
REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT- DECISION- MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 [PLANNING COMMISSION] ESTABLISHMENT;
POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SEC-
TION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS,
SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS]
ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION
8.04.04 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS, SEC-
TION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE,
SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.05.04 QUORUM,
SECTION 8.05.05 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ES-
TABLISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04
MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE,
SECTION 8.06.07 COMPENSATION, SECTION 8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE
EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01 [HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD]
ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION
8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN - APPLICATION, REVIEW, AND DE-
CISION- MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL
APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC-
TION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACIL-
ITY ADEQUACY, SECTION 10.02.12 RESERVED, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC,
THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRES-
ERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT
ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP,
SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED]; APPENDIX G AN-
NUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION
SIX, EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspec-
tion in the Zoning and Land Development Review Section, Community Development and Environmental Services Center,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter
considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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
COLLIER COUNTY, FLORIDA
BY: MARK STRAIN, CHAIR
No. 231175500 May 2 2016
PUBLIC NOTICE 11 PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission on Thurs-
day, May 20, 2010 at 8:30 A.M. in the Collier County Commissioners Boardroom, 3rd Floor, W. Harmon Turner
Building, (Bldg. F.), County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112.
The purpose of the hearing is t, consider a recommendation on amendments to the Growth Management Plan;
specifically to the Immokalee Area Master Plan, including the Immokalee Area Master Plan Future Land Use
Map; and a recommendation for'traiismittal to the Florida Department of Community Affairs. The resolution
title is as follows:
RESOLUTION NO. 14-
A RESOLUTION OF THE BOARD OF COUNTY CO aiMISSIONERS OF COLLIER COUNTY,
FLORIDA PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MAN-
AGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE
IMMOKALEE AREA MASTER PLAN, INCLUDING THE fMMOKALEE AREA MASTER PLAN
FUTURE LAND USE MAP; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF
THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
❑ CP- 2008 -5, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee
Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: in-
creases to commercial acreage, industrial acreage, and allowable residential density; elimination of
some existing designations; creation of a new designation for the Immokalee Regional Airport site;
and, addition of approximately 103 acres presently designated Agricultural /Rural within the Rural
Lands Stewardship Area as identified on the countywide Future Land Use Map.
[Coordinator: Carolina Valera, Principal Planner]
u CP- 2008 -5
5
Collier County
Florida
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All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for
inspection at the Engineering, Environmental, Comprehensive Planning & Zoning Services Department, 2800
N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be directed to the Engineering, Environmental, Compre-
hensive Planning & Zoning Services Department. (239 -252- 2400). Written comments filed with the Engineer-
ing, Environmental, Comprehensive Planning & Zoning Services Department prior to Thursday, May 20, 2010,
will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission with respect
to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such
purpose he 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.
If you are a person with a disability who needs an accommodation in order to participate in the proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commission-
ers' Office.
Mark P. Strain, Chairman
Collier County Planning Commission
IL_I`,o�.231175505 _,May 4 2010
Ray and John,
Attached is the revised text of the proposed amendment to the Immokalee Overlay (2.03.07 G) for the May 20 CCPC
meeting. The first document is a strike -thru and underline version showing the differences between what the CCPC saw
at its hearing on the item and the final proposed version which includes the changes directed by the CCPC at the public
hearing, and additional revisions as described below. The second document is a clean version of the revised LDC
amendment text. Please note that this is text only and does not include staffs introductory information /legislative
history.
Please note the following changes were made:
Removed reference to fees and procedures relating to Section 9.04.00. There are no procedures for administrative
- variances that I could find in this section. The only procedures in the section that I could find relate to Coastal
_)nstruction setback variances. Fees are not referenced in this Section.
Insubstantial deviations review criteria —I removed the reference to addition, alternation or rehabilitation. Per Bob,
this provision is intended to apply to new development as well as changes to existing projects.
Regarding commercial parcels in the overlay —I removed the reference to the Neighborhood Center Subdistrict of the
IAMP as this is proposed to be deleted in the proposed IAMP.
Removed all references to consistency to the GMP. This is a recital of the law which already applies in every instance,
Exceptions to 4.02.03.A and 4.06.02.C. and 5.05.08E: I replaced abutting right -of -way with abutting road right -of -way
As to paragraph g. on the last page: I clarified the public notice requirements under the applicable sections on
10.03.05.B. to include signage, notice to property owners and the advertising of the public hearing.
Corrected reference to cites that are being deleted in this cycle and replaced with correct cites: Because the
replacement cites are not all in one section, this requires the addition of three new paragraphs. The prior text is as
follows and the correct cite is noted:
iii. 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts limited to the
following subsections:
a) B 1.hstiiY€ Corrected cite is_2.03.01 A.1.b.4.ii (This refers to Ag zoning, accessory uses, packing house or similar
les- identical language to paragraph being deleted)
b) E (Table Inset), except building height
AGENDA ITEM 8 -A
kellyJ
From:
ashton_h
lent:
Wednesday, May 12, 2010 9:10 AM
ro:
bellows _r; kellyJ
Cc:
Klatzkow,leff, StrainMark; IstenesSusan; RodriguezWanda; PhillippiPenny; Bob Mulhere
(rjmulhere @gmail.com)
Subject:
FW: Immokalee Overlay amendment language - both versions
Attachments:
Immokalee Urban Overlay District revision (strike & under).doc; Immokalee Urban Overlay
District revision (clean).doc
Follow Up Flag:
Follow up
Flag Status:
Flagged
Ray and John,
Attached is the revised text of the proposed amendment to the Immokalee Overlay (2.03.07 G) for the May 20 CCPC
meeting. The first document is a strike -thru and underline version showing the differences between what the CCPC saw
at its hearing on the item and the final proposed version which includes the changes directed by the CCPC at the public
hearing, and additional revisions as described below. The second document is a clean version of the revised LDC
amendment text. Please note that this is text only and does not include staffs introductory information /legislative
history.
Please note the following changes were made:
Removed reference to fees and procedures relating to Section 9.04.00. There are no procedures for administrative
- variances that I could find in this section. The only procedures in the section that I could find relate to Coastal
_)nstruction setback variances. Fees are not referenced in this Section.
Insubstantial deviations review criteria —I removed the reference to addition, alternation or rehabilitation. Per Bob,
this provision is intended to apply to new development as well as changes to existing projects.
Regarding commercial parcels in the overlay —I removed the reference to the Neighborhood Center Subdistrict of the
IAMP as this is proposed to be deleted in the proposed IAMP.
Removed all references to consistency to the GMP. This is a recital of the law which already applies in every instance,
Exceptions to 4.02.03.A and 4.06.02.C. and 5.05.08E: I replaced abutting right -of -way with abutting road right -of -way
As to paragraph g. on the last page: I clarified the public notice requirements under the applicable sections on
10.03.05.B. to include signage, notice to property owners and the advertising of the public hearing.
Corrected reference to cites that are being deleted in this cycle and replaced with correct cites: Because the
replacement cites are not all in one section, this requires the addition of three new paragraphs. The prior text is as
follows and the correct cite is noted:
iii. 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts limited to the
following subsections:
a) B 1.hstiiY€ Corrected cite is_2.03.01 A.1.b.4.ii (This refers to Ag zoning, accessory uses, packing house or similar
les- identical language to paragraph being deleted)
b) E (Table Inset), except building height
c) f3`a%( limited to a maximum of three stories O and (h)' Corrected cites are 2.03.03 A.1.c.11.vii — ix: (This
refers to C -1 zoning, cond. use, mixed residential & commercial uses- Identical language to paragraphs being deleted)
d) i4t and Corrected cite is 2.03.03 E.1.c.4.iv. — (This refers to C -5 zoning, child day care, conditional use- same
language as deleted paragraph)
e) Kf' limited to minimum lot area corrected cite is 2.03.04 A.1.c.2.iv. — (This refers to industrial zoning, child day
care, conditional use - language is same as cite being deleted)
The remaining changes were to remove duplication and make more provisions more concise
Let me know if you have any questions.
Heidi Ashton -Cicko
Heidi Ashton -Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239) 252 -8400
Fax (239) 252 -6300
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.
Text underlined is new text to be added
TPA stF kethF.. gh is
Bold text indicates 'a defined term
1 LDC Amendment Reguest
2
3
4
5
6 ORIGIN: Immokalee CRA (through contract with RWA, Inc.)
7
8 AUTHOR: Robert J. Mulhere, AICP, RWA, Inc.
9
10 DEPARTMENT: Immokalee CRA
11
12 AMENDMENT CYCLE: 2009 -1 Cycle
13
14 LDC PAGE: LDC 2:40.3
15
16 LDC SECTION(S): Section 2.03.07 G Immokalee Overlay
17
18 CHANGE: The proposed amendment creates an interim process allowing for
19 deviations from various existing LDC provisions for properties located within the
20 Immokalee Urban Area through the processing procedures of the existing administrative
21 variance process pursuant to the conditions stated below or by approval of the Collier
22 County Planning Commission in a public hearing. The purpose of Section 2.03.07 G,
23 Immokalee Overlay is "To create the Immokalee Overlay District with distinct
24 subdistricts for the purpose of establishing development criteria, suitable for the unique
25 land use needs of the Immokalee Community. "
26
27 Presently, substantial amendments to the Immokalee Area Master Plan (LAMP) are being
28 developed with specific Goals, Objectives and Polices to fulfill this purpose. Once such
29 amendments have been adopted by the Board of County Commissioners, comprehensive
30 Immokalee- centered and IAMP -based LDC amendments will be developed for inclusion
31 in this section of the LDC. It is anticipated that this process will take approximately 24
32 months from adoption of the IAMP to complete. This amendment proposes an interim
33 process to allow for deviations from various LDC provisions for properties being
34 improved within the Immokalee Overlay District. This section is interim in nature and
35 will be in effect for 24 months from the date of adoption of this amendment and will be
36 eliminated once the comprehensive Immokalee Overlay LDC amendments have been
37 adopted. A further extension of this interim deviation process may be granted by the
38 BCC if such extension is warranted. This section addresses the specific permissible
39 deviations, limitations thereon, and the review and approval process. This interim
40 amendment will establish a process that will allow for deviations from the various LDC
41 provisions within the existing Immokalee Urban Designated Area. The deviations will be
42 administratively reviewed and approved if they fall under certain thresholds, or otherwise
43 will require a public hearing before the CCPC. The deviations are limited to specific LDC
44 provisions, and specific evaluative criteria have been established.
45
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1 REASON: The Immokalee CRA Advisory Board and the IMPVC advocates the creation
2-- of Immokalee- specific LDRs, which will be different from those applicable in Coastal
3 Collier County. They will be consistent with and further the Goals, Objectives and
4 Policies of the LAMP and the CRA Redevelopment Plan. The primary Goal is expressed
5 in the current draft LAMP as follows:
6
7 Encourage future growth in Immokalee that will promote economic diversity and
8 prosperity, while providing adequate infrastructure and services, protecting important
9 natural resources, and promoting the creation of safe, affordable housing. The design
10 of new development and the compatibility of land uses will be important considerations
11 in protecting and enhancing quality of life in the community.
12
13 Given that this goal recognizes the importance of design as it relates to new development
14 and compatibility of land uses as essential considerations in protecting and enhancing the
15 quality of life in Immokalee, this interim deviation process has been developed to be
16 limited in its applicability and to require full consideration of the compatibility issues
17 associated with any deviation request.
18
19 FISCAL & OPERATIONAL IMPACTS:
20
21 This LDC amendment will have a fiscal impact on the County in that Community
22 Development and Environmental Services (CDES) staff time and resources are required
23 to review and process deviation requests. Given the narrow focus of the proposed interim
24 deviation process, impacts to other County departments or independent districts should be
25 minimal.
26
27 It is anticipated that deviations will be requested on average 10 to 15 times per year.
28 CDES staff estimates that the cost to process, review and comment on administrative
29 deviation requests will not be much different than the staff time required to process and
30 review an administrative variance, the current cost of which is $1,000. The requested
31 deviations will have to be analyzed for impacts to surrounding properties and the subject
32 site and a separate written analysis and conclusion will have to be drafted with respect to
33 the approval or denial of a deviation. Staff can monitor the time and probably should as
34 multiple deviations could be considered under one application thus necessitating
35 additional staff review time. Any that are required to go to the CCPC for approval will
36 incur costs currently associated with a dimensional variance petition which is currently
37 CDES application costs of $5,000 and the costs of required advertising.
38
39 RELATED CODES OR REGULATIONS: None.
40
41 GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment is consistent
42 with the Collier County GMP (including the IAMP).
43
44 OTHER NOTES{VERSION DATE: March 11, 2010; April 26,2010; April 28,2010;
45 May 12, 2010.
46
47 2
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Bold text indicates a defined term
2.03.07 Overlay Zoning Districts
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay
District with distinct subdistricts for the purpose of establishing development
criteria suitable for the unique land use needs of the Immokalee Community. The
boundaries of the Immokalee Urban Overlay District are delineated on the maps
Map 4 below.
[Replace Existing Immokalee Overlay Map with the following two maps.]
3
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3
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4
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1
2
3
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Sovt ctr'.Leth. h PS t t
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5
6 7. Interim Deviations: Property owners within the Immokalee Urban Overlay
7 District may request deviations from specific dimensional requirements as
8 described in this section. —A deviation request may be reviewed
9 administratively or by the Planning Commission depending upon its
10 scope. This section addresses the permissible deviations limitations
11 thereon, and the review process.
5
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2 a. Review Process. Insubstantial deviations will be reviewed
3 administratively by the County Manager or designee. Substantial
5
7
B
9
10
11
12
13
14
15
16
17
18
19
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22
23
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50
this section shall be processed as variances in accordance with
Section 9.04.00 of the LDC.
b Concurrent Deviation Application required. All deviation requests
case of sign deviations, with a building permit. The applicant
shall list all requested deviations on the required site plan(s), and
shall depict the deviation(s) graphically on the plan(s). Additional
graphic information may also be required by staff, on a case -by
case basis
C. Insubstantial Deviations. Requested deviations that do not exceed
10 percent of the required dimension amount, size, or other
applicable dimensional standard, with the exception of the
required number of parking spaces which may not exceed 20
percent of the LDC requirement (not more than 10 spaces), are
insubstantial. To be approved the following criteria must be
considered:
The DrODosed deviation is compatible with adiacent land
uses and structures achieves the requirements of the
regulations as closely as is practicable, and meets the
intent of the related Land Development Code regulations:
and
The applicant pro Doses equitable tradeoffs for the
proposed diminution in development standards, such as
increased open space, landscaping, pedestrian spaces,
buffering or architectural features in order to meet the
intent of the regulation being diminished.
d. Substantial Deviations. Requested deviations that do not qualify
as insubstantial deviations are substantial deviations:
i. Considerations for Review and Approval: The CCPC shall
consider the following:
a). Whether or not the proposed deviation is
compatible with adjacent land uses and achieves
the requirements and /or intent of the regulations as
closely as is practicable; and
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1 b). Whether the proposed deviation is the minimum
2 amount necessary to allow for reasonable use of
3 the property and /or address the issue necessitating
4 the deviation request; and
5
9
10
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13
14
15
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C). Whether the reduced or increased standard
requested by the deviation is mitigated for either
on the subject site or by providing a public benefit
on the subject site Examples of such on -site
mitigation include but are not limited to: increasing
setbacks from the adjacent road right- of -wav
when proposing to deviate from sign size
limitations: increasing plantings or planting sizes or
installing a fence or wall where a reduced buffer
width is proposed; providing public pedestrian
and /or bicycle pathway easements or other similar
mobility improvements including transit
enhancements: providing public parking providing
beautification in the public realm including street
trees street furniture lighting and other similar
public benefits
e. Applicability — List of Development Standards Eligible for
Deviation Requests Property owners shall be eligible to seek a
deviation from the dimensional requirements of the following Code
provisions, unless otherwise noted
i. 2.03.01 Agricultural Zoning Districts limited to subsection
AA.bAii.
2.03.03 Commercial Zoning Districts, limited to the
following subsections:
a) A.1.c.11.vii limited to a maximum of three
stories, viii., and ix. and
b) EA.c.4.iv.
iii. 2.03.04 Industrial Zoning Districts limited to subsection
A.1.c.2.iv., minimum lot area only.
iv. 3.05.07 B 1 Preservation Standards Specific Standards
Applicable Outside the RMFU and RLSA districts
Required Preservation Percentages (Table 1 inset)
V. 4.02.01 A Dimensional Standards for Principal Uses
In Base Zoning Districts:
a) Table 1 Lot Design Requirements for Principal
Uses in Base Zoning Districts
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8
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1
b) Table 2. Building Dimension Standards for
2
Principal Uses in Base Zoning Districts, excluding
3
building height and in the case of commercial
4
parcels, no deviation shall be granted, for new
5
development, from the required 50 -foot building
6
setback when abutting residentially zoned
7
properties, or from the minimum 10 -foot wide
8
landscaped strip between the abutting road right -
9
of -way and the off - street parking area for new
10
development, but deviations from these
11
requirements may be considered in the case of
12
redevelopment where existing structures and /or
13
encroachments are proposed to remain;
14
15
C) Table 2.1 - Table Of Minimum Yard Requirements
16
(Setbacks) for Base Zoning Districts.
17
18
vi.
4.02.02 Dimensional Standards for Conditional Uses and
19
Accessory Uses in Base Zoning Districts, limited to
20
subsection E (Table Inset), except building height.
21
22
vii.
4.02.03 A Specific Standards for Location of Accessory
23
Buildings and Structures, Dimensional Standards
24
(Tables 3 and 4), except that in the case of new
25
development on commercial parcels, no deviation shall be
26
granted from the required 50 -foot building setback when
27
abutting residentially zoned properties, or from the
2 B
minimum 10 -foot wide landscaped strip between the
29
abutting road right -of -way and the off - street parking
30
area. Deviations from these requirements may be
31
considered in the case of redevelopment where existing
32
structures and /or encroachments are proposed to remain.
33
34
viii.
4.02.03 B Accessory Building Lot Coverage.
35
36
ix.
4.02.27 C Specific Design Standards for the Immokalee --
37
State Road 29A Commercial OverlaV Subdistrict, Building
38
Design Standards.
39
40
X.
4.02.28 A Same -- Jefferson Avenue Commercial Overlay
41
Subdistrict, Building Design Standards.
42
43
xi.
4.02.29 A Same - -Farm Market Overlay Subdistrict,
44
Dimensional Standards.
45
46
xii.
4.02.32 Same - -Main Street OverlaV Subdistrict, limited to
47
the following subsections: A.; C.1; D.3 and DA; and E.1,
48
E.2, and E.3.
49
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1 xiii 4.05 04 H (Spaces Required) Table 17 and 4 05 06 B
2 1 nnrlinn 12nnrc P.. j d.c....�..�.. ..�;r. .�_
6
basis for such administrative deviation
7
8
xiv.
4.06.02 C Buffer Requirements (limited to required width)
9
except that in the case of new development on
10
commercial parcels, no deviation shall be granted from
11
the required 50 -foot building setback when abutting
12
residentially zoned properties or from the minimum 10-
13
foot wide landscaped strip between the abutting road
14
right -of -way and the off - street parking area Deviations
15
from these requirements may be considered in the case of
16
redevelopment where existing structures and /or
17
encroachments are proposed to remain
18
19
xv.
4 06 03 B Landscaping Requirements for Vehicular Use
20
Areas and Rights -of -Way Standards for Landscaping in
21
Vehicular Use Areas,
22
23
xvi.
4.06.05 B General Landscaping Requirements
24
Landscaping requirements for industrial and commercial
25
development limited to subsection B.3.
26
27
xvii.
4.06.05 C General Landscaping Requirements Building
28
Foundation Planting Requirements (including Table Inset)
29
30
xviii.
5.05.08 C Architectural and Site Design Standards
31
Building Design Standards Deviations from non -
32
dimensional provisions of this section are also allowed as
33
substantial deviations.
34
35
xix.
5.05.08 D Design Standards for Specific Uses Deviations
36
from non - dimensional provisions of this section are also
37
allowed as substantial deviations.
38
39
xx.
5.05.08 E Architectural and Site Design Standards Site
40
Design Standards, limited to subsections 1 b 27 3 4: 5
41
and 7. Deviations from non - dimensional provisions of this
42
section are also allowed as substantial deviations Note
43
Nothing in LDC Section 5.05.08, Architectural and Site
44
Design Standards shall be deemed to prohibit the use of
45
murals on exterior walls of commercial buildings in the
46
Immokalee Urban OverlaV District provided that 1) such
47
murals are reviewed and accepted by the Collier County
48
Redevelopment Agency staff; and 2) such murals do not
49
contain text for the purpose of advertising any business or
50
commercial activity.
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\REVISIONS \CAO\2. 03.07 G Immokalee Overlay Deviation Process
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2 xxl. 5.06.04 ueyelopment Standards for Signs in,
6 f. Duration of these provisions. These provisions are interim in
7 nature and will be in effect until the earlier of either the effective
8 date of the Comprehensive Immokalee Overlay LDC amendments
9 or 24 months from [the effective date of this ordinance]. An
10 extension of these provisions may be granted by the BCC by
11 Resolution if the BCC deems an extension is warranted.
12
13 g. Public Notice. Public notice, including signage, notice to property
14 owners and an advertised public hearing, is required for
15 substantial deviation requests and shall be provided in
16 accordance with the applicable provisions of Section 10.03.05 B,
17 for Variances.
18
19 h. Appeals. Within 30 days of the issuance of the decision of staff or
20 of the CCPC the owner or any aggrieved person may appeal the
21 decision to the Board of Zoning Appeals pursuant to Section No.
22 250 -58 of the Codes of Laws and Ordinances.
23
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C7
1
2
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6
7
8
9
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14
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Te..t .-tr'keth a h' t text a to he d 1 a
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Underline wi
r tee text a s i t trot rRvipw
Bold text indicates a defined term
2.03.07 Overlay Zoning Districts
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay
District with distinct subdistricts for the purpose of establishing development
criteria suitable for the unique land use needs of the Immokalee Community. The
boundaries of the Immokalee Urban Overlay District are delineated on the maps
Map 1 below.
x -RHO
M
r
f a k
IMMQKALEE OVERLAY M MICT
Y F
7fil
itm_�
[Replace Existing Immokalee Overlay Map with the following two maps.]
1
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1
2
3
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CPG - = nv .
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IMMOKALEE URBAN AREA OVERLAY t Z
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TPA stFikethr h is a s A to L. .J d a d
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UndeplwRe with qtFikpthFp,,ah in
dopptes ae a a a a GrPr
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z IMMOKALEE URBAN AREA OVERLAY
M
EAST HALF
a
i
{
I
puo IMMOKALEE REGIONAL
AIRPORT
3 {
MF
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4
5
6 7. Interim Deviations: Property owners within the Immokalee Urban Overlay
7 District may request deviations from specific dimensional requirements
8 kagjgdLbelew) whiGh are— GGntaiRed within seGtiORS of the Land
9 Development. Gedee as described in this section. A deviation request ma
10 be reviewed administratively or by the Planning Commission depending
3
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upon its scope This section addresses the spe-lf permissible
deviations limitations thereon, and the review process.
13
4 4 nFeGess F Feguesfing-deyia ra
14
ihreuH Insubstantial deviations will be
15
reviewed administratively by the County Manager or designee
16
Substantial deviations will be reviewed by the Planning
17
Commission This section is not intended to replace the current
18
established process of requesting deviations through the PUD
19
rezoning process Any deviations from the LDC which are not
20
expressly provided for in this section shall be processed as
21
variances in accordance with Section 9 04 00 of the LDC
22
23
b Concurrent Deviation Application required All deviation requests
24
shall be made concurrently with an application for an SDP or
25
amendment SIP or amendment or Final Subdivision Plat, or in the
26
case of sign deviations with a buildina_per_mit The applicant
27
shall list all requested deviations on the required site plans) and
28
shall depict the deviation(s) graphically on the plan(s). Additional
29
graphic information may also be required by staff, on a case -by
30
case basis.
31
32
c Insubstantial Deviations. Requested deviations that do not exceed
33
10 percent of the required dimension amount size or other
34
applicable dimensional standard with the exception of the
35
required number of parking spaces which may not exceed 20
36
percent of the LDC requirement (not more than 10 spaces), are
37
h^ ° n ^'°`^°•' as insubstantial and rngy b° ^
38
senitins
39
LeGal n I 4 n + in. site ^4�
40
^..a ^ PRdF..^ °4-) To be
41
approved the following criteria must be considered
42
43
i The proposed deviation pwsuant to ;;R ad
44
per} is compatible with adiacent land uses and
45
structures achieves the requirements of the regulations
46
as closely as is practicable
47
nn ^., ^, PFnP. °4 PIP and mkt$ the intent of the related
48
Land Development Code regulations; and
516,
4
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1 i. The applicant proposes equitable tradeoffs for the
2 proposed diminution in development standards
3 s�eePfically such as increased open space landscaping
4 pedestrian spaces buffering aad-or architectural features
5 in order to meet the intent of the regulation being
6 diminished.
7
8 d Substantial Deviations +� : t n Pxnppd;nri
9
10 AIL. dentiF� i-bigntinn
11 -hqt �.
.N'1 , d ' h d h FRR"f
12 hpppt t the fallowong
13 prei4signg. Regue t d deviations
14 that do not qualify as insubstantial deviations am substantial
15 deviations:
16
17
i. Considerations for Review and Approval: The CCPC shall
18
consider the following:
19
20
a). Whether or not the proposed deviation is
21
compatible with adjacent land uses and achieves
22
the requirements and /or intent of the regulations as
23
closely as is practicable ads'! t th the
24
QW.A.4h AARRacipmeRt PaR: and
25
26
b). Whether the proposed deviation is the minimum
27
amount necessary to allow for reasonable use of
28
the property and /or address the issue necessitating
29
the deviation request; and
30
31
c). Whether the reduced or increased standard
32
requested by the deviation is mitigated for either
33
on the subject site or by providing a public benefit
34
on the subject site Examples of such on -site
35
mitigation include but are not limited to: increasing
36
setbacks from the adjacent roa right -of -way
37
when proposing to deviate from sign size
38
limitations increasing plantings or planting sizes or
39
installing a fence or wall where a reduced buffer
40
width is proposed providing public pedestrian
41
and /or bicycle pathway easements or other similar
42
mobility improvements including transit
43
enhancements; providing public parking providing
44
beautification in the public realm including street
45
trees, street furniture lighting and other similar
46
public benefits.
47
48
e. Applicability — List of Development Standards Eligible for
49
dDeviation rReguests Property owners shall be eligible to seek a
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Unded n
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1 deviation from the Wowing dimensional requirements of the
2 followin^ Code orovisigns unless otherwise noted.
3
5
7
8
9
10
11
12
13
14
15
16
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46
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stories viii., and ix and
b) E 1.c 4 iv
iv. 3 05 07 B.1 Preservation Standards Specific Standards
Applicable Outside the RMFU and RLSA districts
Required Preservation Percentaqes (Table 1 Inset) -
69
G 4 I M F Elam Rt
+i v 4 02 01 A Dimensional Standards for Principal Uses
in Base Zoning Districts:
a) Table 1 Lot Design Requirements for PXinsipie
Principal Uses in Base Zoning Districts'
b) Table 2 Building Dimension Standards for
Principle Prindpal Uses in Base Zoning
excluding building height and in the
Distncts•
case of
commercial parcels IGGated ;n the Ne'ahboi:h
C F F . F q !L I..
kaJee
QPMPF bd6 gg gn
/CI
S no deviation shall be granted
for new
development from the required 50 -foot
building
setback when abutting residentially
zoned
properties or from the minimum 10 -foot wide
landscaped strip between the abutting road
right -
of -way and the off - street parking area
for new
development but deviations from
these
requirements may be considered in the
case of
redevelopment where existing structures and /or
encroachments are proposed to remain:
c) Table 2.1 - Table Of Minimum Yard Requirements
(Setbacks) for Base Zoning Districts.
6
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444- VL 4.02.02 Dimensional Standards for Conditional Uses and
Accessory Uses in Base Zoning Districts limited to the
f04Gw4ng subsections:
b}- E (Table Inset) except building height=
!hFee stories,
°gib) limited to minimum ie
4v- Ylk 4.02.03 A Specific Standards for Location of Accessory
Buildings and Structures Dimensional Standards
of .- - • - - • -.- - .. -• 1- - .
U- - - . uwu�KUS • =LLi•JI�J!ibY�.�c.7raitiYTt7
v _vi1. 4.02 03 B Accessory Building Lot Coverage
v4 X 4 02 27 C Specific Design Standards for the Immokalee
State Road 29A Commercial Overlay Subdistrict Buildinq
Design Standards
v4. x 4.02.28 A Same -- Jefferson Avenue Commercial Overla
Subdistrict Building Design Standards
v4- A 4.02.29 A Same - -Farm Market Overlay Subdistrict
Dimensional Standards.
43E xij_ 4.02.32 Same - -Main Street Overlay Subdistrict limited to
the following subsections A C-1; D.3 and DA; and E.1,
E.2, and E.3.
existing administrative deviation process set forth in LDC
viable basis eF for such administrative deviation
7
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1
2 xa- xiv, 4 06 02 C Buffer Requirements (limited to required width)
3 except that in the case of new development on
4 commercial parcels no deviation shall be granted from
10
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. ..,n. area. Deviation
.0 u may—b—e_cois=ideL d=in tWe a1
xi- xv 4 06 03 B Landscaping Requirements for Vehicular Use
Areas and Rights- of -Way Standards for Landscaping in
Vehicular Use Areas.
x& xyi 4 06 05 B General Landscaping Requirements,
Landscaping requirements for industrial and commercial
development limited to subsection B.3.
x}v- xvvii, 4 06 05 C General Landscaping Requirements Building
Foundation Planting Requirements (including Table Inset).
xy_iii 5.05.08 C Architectural and Site Design Standards,
xv ix 5.05.08 D Design Standards for Specific Uses.
xvii- xx_ 5 05.08 E Architectural and Site Design Standards Site
Design Standards limited to subsections 1.b; 2; 3; 4: 5 and
8
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f. Duration of these provisions. These provisions are interim in
nature and will be in effect fGp 24 rncmths fro
FR the ;« «' date
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the BC;(: deems an extension is warranted.
accordance with the applicable provisions of Section 10 03 05 B
for Variances.
i- h- Appeals. Within 30 days of the issuance of the decision of staff or
Laws and Ordinances.
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
Zoning Services
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC5:28 -5.30
LDC SECTION(S): 5.05.02
CHANGE: To clarify how the County will treat the length of shoreline within conservation
easements when calculating the amount of wetslips according to the Manatee Protection Plan.
REASON: The rating system used in calculating the maximum number of wetslips in
accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum
number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is
to help determine the maximum wet slip densities in order to improve existing Manatee
protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline
within conservation easements.
State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised
County staff that the total length of shorelines, including that which is within conservation
easements, is used in the calculations for maximum allowable wetslips where the purpose of the
conservation easement is vegetation management. However, where the conservation easement
prohibits "in -water structures ", the length of shoreline within the conservation easement is
excluded from the calculations and thus, the number of allowable wetslips are reduced in
proportion to the length of the excluded shoreline. State staff indicate that "in -water structures"
can be characterized as the construction and operation of future docks, wet or dry slips, piers,
launching facilities or structures other than existing on the property, or activities detrimental to
drainage, flood control, water conservation, erosion control, soil conservation, or fish and
wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing.
In January 2006 during evaluation of a project, staff from the Office of the County Attorney
reviewed various documents including the existing conservation easement on the project, the
GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine
whether shoreline length in the conservation easement area should be excluded from the
calculation to determine the number of allowable boat slips. The result of this review essentially
provided staff with a procedure that specified that staff should review the actual language of a
conservation easement to determine if the easement language includes or excludes the use of the
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1 easement shoreline to calculate the amount of wetslips. Inspecting the conservation easement to
2 determine its prohibitions is also consistent with the State's application.
3
4 During the April 22, 2008 BCC meeting, item 8B, the BCC provided direction to staff on how to
5 treat shoreline within conservation easements in calculating the number of wetslips pursuant to
6 the Manatee Protection Plan. The Board direction was to exclude shoreline within County
7 required preserve areas and State and Federal conservation easements which do not allow
8 wetslips within their conservation easements when calculating the maximum allowable number
9 of wetslips pursuant to the Manatee Protection Plan and add a Conditional Use to allow more
10 boat slips if you provide public access (50 %) available to the public. The proposed amendment is
11 in accordance with the BCC's direction.
12
13 Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 13, 2009, with
14 no common ground among the stakeholders.
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16 The Environmental Advisory Council (EAC) approved the amendment with the following
17 changes:
18 1. Replace the words "50 percent or more of their" with "some ", in the second sentence
19 under subsection "G" in the amendment.
20 2. Replace the word "ordinance" with "subsection" in the last sentence under subsection
21 "G" in the amendment. Also to request from the County Attorney Office to define what is
22 meant by "existing and vested right" in the sentence.
23 3. Add the following sentence immediately before the last sentence under subsection "G" in
24 the amendment: "This ordinance is not intended to allow publically owned wetslips
25 within a NRPA."
26
27 The Development Services Advisory Committee (DSAC) recommended that the language in
28 subsection "G" in the amendment be replaced with the following language:
29 "The definition of shoreline for the purpose of the Manatee Protection Plan shall be the interface
30 of land and water at mean high water, as established using standard survey techniques. All of the
31 shoreline will be used for calculating the maximum allowable number of wetslips pursuant to the
32 Manatee Protection Plan, except for shoreline within conservation easements where the
33 conservation easement expressly and specifically excludes the use of the easement shoreline to
34 calculate the amount of wetslips."
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36 FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the
37 conservation easement in order to determine if it includes or excludes the shoreline from
38 calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement
39 for applicable language should take no more than one hour of staff time.
40
41 RELATED CODES OR REGULATIONS: None
42
43 GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the
44 Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy
45 7.2.3.
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OTHER NOTES/VERSION DATE: Created April 14, 2010. Amended May 6, 2010
Amend the LDC as follows:
5.05.02 Marinas
A. The following standards are for the purpose of manatee protection and are applicable to
all multi -slip docking facilities with ten slips or more, and all marina facilities.
B. Proposed developments will be reviewed for consistency with the Manatee Protection
Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the
proposed development is consistent with the MPP, then the developer will submit a
"Manatee Awareness and Protection Plan," which shall address, but not be limited to,
the following categories:
1. Education and public awareness.
2. Posting and maintaining manatee awareness signs.
3. Information on the type and destination of boat traffic that will be generated from
the facility.
4. Monitoring and maintenance of water quality to comply with state standards
5. Marking of navigational channels, as may be required.
C. A rating system is established to evaluate proposed marina facilities. The purpose of the
marina site rating system is to help determine the maximum wet slip densities in order to
improve existing Manatee protection. The marina site rating system gives a ranking
based on three (3) criteria: water depth, native marine habitat, and manatee abundance.
In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the
boat traffic must be designated. For the proposed marina facility, an on -water travel
distance of five (5) miles is considered the sphere of influence.
1. A preferred rating is given to a site that has or can legally create adequate water
depth and access, will not impact native marine habitats, and will not impact a
high manatee use area (See Table 5.05.02(C)(5)).
2. A moderate ranking is given to a site where: there is a adequate water depth and
access, no impact to a high manatee use area, but there is an impact to native
marine habitat; there is adequate water depth, no impact to native marine
habitat, but impacts a high manatee use area, and when the water depth is less
than four (4) feet mean low water (MLW), no impact to native marine habitat, and
no impact to a high manatee use area.
3. A protected ranking is given to a site where: there is adequate water depth and
access, but there is an impact to native marine habitat and there is an impact to
a high manatee use area; there is not adequate water depth, there is impact to
or destruction of native marine habitat, and there is impact to a high manatee
use area; there is not adequate water depth, no impact to marine habitat, but
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there is impact to a high manatee use area; or there is not adequate depth, there
is impact to marine habitat, and no impact to a high manatee use area.
4. The exact areas will depend on site specific data gathered during the site
development process reviews.
5. Table of Siting Criteria
1 For shoreline vegetation such as mangroves, "no impact' is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means
than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
Preferred sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of up to eighteen (18) boat slips for every 100 feet of
shoreline. Expansion of existing and construction of new dry storage facilities is
allowed. Expansion of existing and construction of new boat ramps is allowed.
2. Moderate development sites. New or expanded wet slips and multi - family
facilities shall be allowed at a density of up to ten (10) boat slips for every 100
feet of shoreline. Expansion of existing dry storage facilities is allowed.
Construction of new dry storage facilities is prohibited. Expansion of existing boat
ramps is allowed. Construction of new boat ramps is prohibited.
Protected sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of one (1) boat slip for every 100 feet of shoreline.
Expansion of existing dry storage facilities or construction of new dry storage
facilities is prohibited. Expansion of existing boat ramp or construction of new
boat ramps is prohibited.
E. If a potential boat facility site is ranked as moderate or protected because of its
proximity to a high use manatee area, its ranking can be increased if slow speed zones
are established that account for a significant portion of the expected travel route of the
boats using the proposed facility. In that case, the manatee criteria in the three (3) way
test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow
speed zones are not existing, the County may establish, with DEP approval, additional
slow speed zones in order to mitigate the proposed additional boat traffic.
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Water Depth
Measured at MLW
Native Marine Habitat
Manatee Use
4 ft. or
more
Less than 4
ft.
No
Impact'
Impact
Not High
High
Preferred
X
X
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Moderate
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Moderate
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Moderate
X
X
X
Protected
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X
X
Protected
X
X
X
Protected
X __
X
X
Protected
X
X
X
1 For shoreline vegetation such as mangroves, "no impact' is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means
than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
Preferred sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of up to eighteen (18) boat slips for every 100 feet of
shoreline. Expansion of existing and construction of new dry storage facilities is
allowed. Expansion of existing and construction of new boat ramps is allowed.
2. Moderate development sites. New or expanded wet slips and multi - family
facilities shall be allowed at a density of up to ten (10) boat slips for every 100
feet of shoreline. Expansion of existing dry storage facilities is allowed.
Construction of new dry storage facilities is prohibited. Expansion of existing boat
ramps is allowed. Construction of new boat ramps is prohibited.
Protected sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of one (1) boat slip for every 100 feet of shoreline.
Expansion of existing dry storage facilities or construction of new dry storage
facilities is prohibited. Expansion of existing boat ramp or construction of new
boat ramps is prohibited.
E. If a potential boat facility site is ranked as moderate or protected because of its
proximity to a high use manatee area, its ranking can be increased if slow speed zones
are established that account for a significant portion of the expected travel route of the
boats using the proposed facility. In that case, the manatee criteria in the three (3) way
test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow
speed zones are not existing, the County may establish, with DEP approval, additional
slow speed zones in order to mitigate the proposed additional boat traffic.
4
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1 F. Existing facilities and facilities which had state or federal permits prior to adoption of the
2 MPP shall be exempt from these provisions, but will be subject to all other requirements -
3 of this Code.
4
5 G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the
6 interface of land and water at mean high water, as established using standard survey
7 techninues_ Shoreline within Cnunty renLUireri nroconime nr Within atlto 1111
8 conservation easements which do not allow wetslips within their conservation
9 easements shall not be used in calculating the maximum allowable number of wetslips
10 pursuant to the Manatee Protection Plan except that projects which make 50 percent or
11 more of their wetslips available for public use may request additional boat slips as a
12 Conditional Use Any existing or vested right with respect to wetslips shall be exempted
13 from this ordinance.
14
15
16 (Ord. No. 05 -27, § 3.FF)
1 : \09 Amend the LDC\2009 -Cycle 1 V\mendments \REVISIONS\DSAC \5.05.02 - MPP Shoreline Calculations (050610) SL.doc
AGENDA ITEM TITLE: C;'� c- sq&'k—d(
PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER:
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: ADDRESS:
REPRESENTING: PETITIONER: �' ��-� YJ- (�- +'�`�`' `�'V OTHER:
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
f) r f
AGENDA ITEM TITLE:
AGENDA ITEM NUMBER :
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
f � /
NAME: 1 (�/ �S ��� c11"<J 'ADDRESS: U S f' �Gc- ,�Y�,�
REPRESENTING: PETITIONER:
l<�
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO TH
E BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
PLEASE PRINT CLEARLY
vv' l
AGENDA ITEM NUMBER:
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: X4-mF LEci R0661NS ADDRESS: L SZs 6a L% Sj+o .e ��� �/� 2-.J j 0410'F1
REPRESENTING: PETITIONER: OTHER: V��DE2�ILT �+ERG}f �t 51bEENTS A55tJ
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE: ._5 t, L L: Wes, /LJ /7ley i(% / AGENDA ITEM NUMBER:
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: _Rk uctG ADDRESS:
REPRESENTING: PETITIONER: V R 14- OTHER:
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE: L�J !� � �lo'tJ
14
AGENDA ITEM NUMBER: 94
PLEASE PRINT CLEARLY
PLAC OMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
/r& or, L
NAME: ADDRESS: yno � i V V �� l JP � �
REPRESENTING: PETITIONER:1l OTHER:
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYI ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINI ITPQ IZIo V- •- ^ - --
AGENDA ITEM TITLE: A -0 � 4k"
PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER: 1 �"
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME:
1-74- r...,i
ADDRESS: r `'
REPRESENTING: PETITIONER: C
OTHER:
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
IMMOKALEE AREA MASTER PLAN
GROWTH MANAGEMENT PLAN
AMENDMENTS
PETITION CP- 2008 -5
COLLIER COUNTY PLANNING
COMMISSION (CCPC)
May 20, 2010
au
DATE: May 5, 2010
TO:
FROM:
•
Collier County Planning Commission (and others)
Comprehensive Planning Department
SUBJECT: CP- 2008 -5 Immokalee Area Master Plan Transmittal
Growth Management Plan Amendments CCPC Advertisement
CCPC Hearing — May 20, 2010
Due to the timing of the Planning Commission meeting advertisement, we have copy of the
advertisement, however, we are unable to provide copy of the official affidavit as proof of
advertisement at this time. As soon as the official affidavit has� Seen received it will be provided
in the binders going to the Board of County Commissioners for hearing on June 23, 2010.
Comprehensive Planning Department
i
NOTICE PUBLIC: NOTICE rutsLl4-; AUlt1—r,
NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission on Thurs-
day, May 20, 2010 at 8:30 A.M. in the Collier County Commissioners Boardroom, 3rd Floor, W. Hannon Turner
Building, (Bldg. F.), County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112.
The purpose of the hearing is to consider a recommendation on amendments to the Growth Management Plan;
specifically to the Immokalee Area Master Plan, including the Immokalee Area Master Plan Future Land Use
Map; and a recommendation for transmittal to the Florida Department of Community Affairs. The resolution
title is as follows:
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MAN-
AGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE
IMMOKALEE AREA MASTER PLAN, INCLUDING THE IMMOKALEE AREA MASTER PLAN
FUTURE LAND USE MAP; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF
THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
❑ CP- 2008 -5, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee
Area Master Plan Future Land Use Mao, to make revisions to the entire Master Plan to include: in-
creases to commercial acreage, industrial acreage, and allowable residential density; elimination of
some existing designations; creation of a new designation for the Immokalee Regional Airport site;
and, addition of approximately 103 acres presently designated Agricultural /Rural within the Rural
Lands Stewardship Area as identified on the countywide Future Land Use Map.
[Coordinator: Carolina Valera, Principal Planner]
GP -200 &5
Collier County
Florida
0
}
I
All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for
inspection at the Engineering, Environmental, Comprehensive Planning & Zoning Services Department, 2800
N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be directed to the Engineering, Environmental, Compre-
hensive Planning & Zoning Services Department. (239 - 252 - 2400). Written comments filed with the Engineer-
ing, Environmental, Comprehensive Planning & Zoning Services Department prior to Thursday, May 20, 2010,
will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission with respect
to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such
purpose he 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.
If you are a person with a disability who needs an accommodation in order to participate in the proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commission-
ers' Office.
Mark P. Strain, Chairman
Collier County Planning Commission
No. 231175505 May 4. 2010
COUNTY ATTORNEY RECOMMENDED CHANGES TO THE IMMOKALEE AREA
MASTER PLAN (April 22, 2010 final version distributed to the CCPC on May 5, 2010).
Reviewed May 14, 2010.
Please write -out abbreviated terms which are not defined in the Immokalee Area Master
Plan such as: New Directions p. 4: GPS RNAV and LBV VOR; Policy 2. 1.1 p. 7: HUB;
Policy 4.2.4 p. 20: MSTU Policy 4.2.7 p. 21: TCEA and TCMA will be revised
Goal 1 p. 6: Please write out CRA: Collier County Community Redevelopment Agency.
This term is not yet defined. Will be revised
Objective 1.1 p. 6: Replace Immokalee CRA with Collier County Community
Redevelopment Agency (Collier County CRA or CRA). There is no legal entity under
the name Immokalee CRA. Please change references to Collier County Community
Redevelopment Agency or once defined, Collier County CRA or CRA. Will be revised
Policy 2.1.1. (Commercial and Trade Hub) p. 7 Change bullet points to "support" or
"encourage" in place of "work with" and "assist." This change is consistent with the
Economic Element of the GMP which says that the Economic Element encourages but
does not mandate. Will be revised
Policy 2.1.2. (Florida Tradeport/Immokalee Regional Airport) p. 7 Change to "Collier
County will encourage the promotion of " from "Collier County will promote ". This
change is consistent with the Economic Element of the GMP which says that the
Economic Element encourages but does not mandate. Will be revised
Policy 2.2.2 (Pre - Certified Commercial/Industrial Sites) p. 9 should be modified to read:
"Collier County will review the existing certified sites program offered by the EDC and
propose...." Will be revised
Policy 2.3.1 (Recreational, Entertainment and Cultural Opportunities) p. 10 The words
"promote" should be replaced with the word "encourage ". This change is consistent with
the Economic Element of the GMP which says that the Economic Element encourages
but does not mandate. Will be revised
Policy 2.3.2. (Eco- Tourism) p. 10 The words "will support and assist in" should be
changed to "will encourage" in the first line. This change is consistent with the
Economic Element of the GMP which says that the Economic Element encourages but
does not mandate. Will be revised
Policy 2.3.4. (Entertainment District Area) p. 11 in line 2: Replace "will undertake
efforts to develop" with "will encourage the development of ". This change is consistent
with the Economic Element of the GMP which says that the Economic Element
encourages but does not mandate. Will be revised
Policy 2.5.1 (Technical Assistance) p. 11. Recommend deletion of reference to "the
Southwest Florida Workforce Development Board" because this entity is a private not-
for- profit corporation. The legal name is Southwest Florida Workforce Development
Board, Inc. After EDC, add "and other public and private organizations ". The GMP
should only specifically reference government entities or entities that are controlled or
funded by the BCC. Will be revised
Policy 3. 1.1 (Farmworker Housing Land Development Regulations) p. 13. H -2A
housing refers to the Visa status. Please delete "H -2A ". and "non- immigrant" in this
Section. Will be revised
Policy 4.1.3 (Expansion of Parks and Trails) and Policy 4.1.4 (Encourage Active
Lifestyles) p. 18. Please delete reference to the Immokalee Capital Improvement Plan.
There is not a separate Immokalee component of the Capital Improvement Element. Will
be revised
Policy 4.1.5 (Use of Vacant Residential Parcels) p. 19: Please revise as follows: In
aeeer-danee with the Neighbor-heed n ,,>> Peli y as appropriate and feasible. Subject to
Policy 1.1.1, Collier County will consider acquiring... Will be revised
Policy 4.2.1 (Bicycle and Pedestrian Pathways) p. 19 line 2. The following phrase is not
necessary: "prepared by the Collier County Metropolitan Planning Organization with the
assistance of the Pathways Advisory Committee ". Will be revised
Section 4.2.3 ((Parkway Access from Immokalee Airport to Future SR 29 Bypass) p. 20.
Please revise to read: Collier County will coordinate with Florida Department of
Transportation, and the landowners..." The SR 29 bypass is a proposed state road. The
County should coordinate with FDOT so that it does not interfere with the site selection
on a state road unless the county has an executed agreement with FDOT. Will be revised
Policy 5. 1.1 (Incentives and Innovative Land Development Regulations) p. 23 Delete
reference in paragraph 2 to Policy 1.1.3. There is no such Policy in the IAMP. Also,
delete: "Should it be determined through this feasibility analysis that a TDR program is
desirable, the IAMP shall be amended within 2 years to provide for such a program,
again subject to Policy 1.1.1." The GMP should not include a provision for amending the
GMP. Will be revised
Policy 5.1.2 (Lake Trafford Development) p. 23 Why not defer to state and federal
agencies on the best management practices for water quality and consider deleting:
"Within 2 years of the effective date of this policy, subject to Policy 1.1.1., the County in
conjunction with any applicable state and federal agencies will amend the LDC to
establish best management practices and will identity the specific locations where best
management practices will be required." Policy decision for BCC and CCPC
Policy 5.1.5. (Conservation Designation) p. 24 The future land use designation should
not be changed to conservation without the owners' consent in writing. Note: CON
zoning does not allow essential services. Last line deleted and changed to County shall
then consider whether such lands should be designatated CON on the FLUM
Policy 6.1.7 (Existing Mobile Homes) p. 28. Paragraph a pertains to pending code
enforcement litigation over a non conforming mobile home park in the Industrial
Subdistrict. This change will render the substantive issues moot. This is a policy
decision. Not CRA intent - proposed revision
Policy 6.1.9 (Rezoning) p. 28— Delete this policy. Property cannot be zoned inconsistent
with the land use designation in the comp plan. This is prohibited by Chapter 163, FS.
CALL BOB (Policy reference on p. 42 paragraph c.) Proposed language see last page
Note this is 5.1 in FLUE
Policy 7.1.6 (Safe Neighborhool Initaitive) p. 31 Add reference to statute for Safe
Neighborhood Act: Section 163.501, F.S. Also, delete "and in other documents
incorporated by reference herein" in the last line because document references have been
removed in this draft. Will be revised
Policy 8. 1.1 (Regional Economic Development Initiatives):p. 32 The Florida Heartland
Rural Economic Development Initiative is a program run by a not for profit under the
name of Florida Heartland REDI, Inc. Please change text in line 1 from "with the
Florida Heartland Rural Economic Development Initiative and State of Florida" to "with
economic development organizations and State of Florida ", change to read "with local
and regional economic development organizations and the State of Florida"
Policy 8.1.2 (Redevelopment Implementation Partners) p. 32 VAiat is he Add
"Immokalee before "Enterprise Zone Development Agency" Consider- epla ing i
with a g°a°�e ref renee. Take out reference to "Immokalee Chamber of Commerce" and
replace with" local organizations." I am proposing an additional change since meeting to
insert Immokalee
A. Urban-Mixed Use District P. 34 provides: "Nonresidential uses allowed in the
residential subdistricts include, but are not limited to: agriculture.... cemetaries...." An
LDC amendment may be necessary for properties that will not have PUD zoning to allow
agriculture and cemetaries as a permitted or conditional use in residentially zoned areas
in the Immokalee Overlay. Information only. Don't need to do this in Ag zoned
Density Rating - paragraph d. p. 42 Density by right in LR Designation for approved
affordable housing is reduced. Old GMP allows 4 units /acre by right for approved
affordable housing. New GMP restricts it to 50% of zoned density. See chart on p. 42.
This is a reduction in development rights. See Policy 6.1.9., as revised
2. Density Bonus. p. 43. The TDR program should not allow residential density to
exceed the maximum densities. This GMP amendment substantially increases the
maximum allowed density in each subdistrict to up to 8 DU /Acre in LR, up to 14
DU /Acre in MR and up to 16 DU /Acre in HR. Revised.
Density Bonus - paragraph c. p. 45 Density by right in LR Designation is reduced. Old
GMP allows 8 units /acre by right for proposed affordable housing. New GMP restricts it
to 50% of zoned density. See chart on p. 45. This is a reduction in development rights.
(Note that this paragraph appears to require a public hearing for the rezone.) See Policy
6.1.9., as revised
Density bonus -TDR in residential infill p. 46 Clarify See revised language
3. Density and intensity blending -p. 48 paragraph a —this is a verbatim recital of the
current GMP language. The shifting of density to the RLSA lands could affect any
acreage caps in the RLSA. Information only
2. Industrial -Mixed Use Subdistrict p. 52. Commercial uses are limted to 30% of the
total IMU acreage. This is a reduction in development rights if these properties were
formerly designated Commerce Center Industrial, which had no limitation, or Business
Park Subdistrict, which had a 40% limitation. One proposed changes to master plan to
CMI designation and see Policy 6.1.9., as revised
Proposed land use map: Based on the proposed land use map, there appears to be a
reduction of density in six locations: 1.Change from Commerce Center designation to
Medium Residential -- -North of Roberts Avenue and east of the Airport and South of
Immokalee Drive, and 2. Change from High Residential to Medium Residential -- -North
of Immokalee Drive and West of N 9`" St. and east of the Airport.3. Commerce Center
Industrial to Industrial Mixed Use, 4. LR to RT in two locations, and 6. NC to LR.
My recommendation is not to reduce the density for these properties by changing the land
use designation, unless all of the owners consent to the change in writing. I will bring a
map to our meeting for discussion. One proposed change to master plan (second change)
and See Policy 6.1.9., as revised
Proposed land use map: Further changes to the land use map include 1. the removal of
the environmentally sensitive areas per SWFMD which was on the prior map, and 2. the
line has changed depicting the wetlands connected to the Lake Trafford/ Camp Keais
Strand System Overlay. Please confirm that this change is correct. The change to Lake
Trafford/ Camp Keais Strand System Overlay appears to result in a reduction in
development rights from a max of 8DU /acre to a max of 4DU /acre.. Revision to overlay
language and See Policy 6.1.9., as revised
Generally: There are many commitments and obligations placed on the county which is
subject to policy 1.1.1 (funding). If the IAMP is adopted, even though there is some
leeway with the date of performance, DCA will likely expect the County to perform some
of the commitments and report progress at least by the next EAR in 2018. Information
only.
Generally: DCA discourages references to specific LDC sites in the GMP. (Policies
6.1.6, 6.1.7 and in land use designations. Information only
There are 12 Policies that require LDC amendments. Staff needs to quantify the cost to
the County to create and process these amendments: Policy 2.1.3, 2.2.3, 2.2.5, 2.5.2,
3.1.1. 5.1.1, 5.1.2, 6.1.7, 7.1.1.7.1.4, 7.1.5 and LR Subdistrict. Information only
There are 26 Policies that contain commitments for the County to perform. Staff needs to
quantify the cost to the County to perform the commitments: Policies 2.1.3, 2.2.1, 2.2.2,
2.2.4, 2.3.1, 2.3.2, 2.3.3, 2.3.4, 2.4.1, 2.4.2, 2.5.1, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.3.2,
4.1.1, 4.1.2, 4.1.4, 4.1.6, 4.2.3, 4.2.4, 4.2.7, 4.3.1, 4.4.1. Information only. Note some of
these policies are being changed per pages 1 and 2 of this list
Proposed Policy 6.1.9:
Policy 6.19 Rezonings and Owners adversely affected by Change to IAMP
A. All rezoning must be consistent with the Growth Management Plan. For
properties that are zoned ...,,,,nsistent with the Land Use r,esignatio., nose,- ti
Seetio that have zoning in place prior to a change in Land Use Designation
where the prior zoning allows for a higher density or intensity than the new Land
Use Designation, the fella in „ apply the property may be rezoned
consistent with the prior existing �g as follows:
(a) Through (c) no changes
(d) Properties subject to the above limitations may be combined and developed with
other property, whether or not-such property_ -�� °a ineensistent • •ith the
hand Use Designation co„+:,,„ has had a change in Land Use Designation. For
residential and mixed use developments only, the accumulated density between
these properties may be distributed throughout the project as provided for in the
Density Rating System or underlying subdistrict as applicable.
(e) no changes
(f) This Section does not apply to changes to the Land Use Designation initiated by
the property owner.
B. Any property owner who believes that they have been adversely affected by this
IAMP may utilize the procedures set forth in Chapter 9 (Vested Rights and
Takings Determinations) of the LDC. All applications must be submitted within
one year from the effective date of the IAMP or applicable IAMP amendment.
This procedure shall be considered supplemental to any other claim or rem! edy
that the property owner may have.
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
i
�i0! 1 �eY �i0"Iil.7�lt
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: May 20, 2010
RE: PETITION CP- 2008 -5, IMMOKALEE AREA MASTER PLAN GROWTH
MANAGEMENT PLAN AMENDMENT (TRANSMITTAL HEARING)
Coordinator: Carolina Valera, Principal Planner
AGENT /APPLICANT:
Agent:
Robert Mulhere
RWA, Inc.
6610 Willow Park Drive, Suite 200
Naples, FL 34109
GEOGRAPHIC LOCATION:
Applicant/Owner:
Immokalee Community Redevelopment Agency (CRA)
Collier County Government
310 Alachua Street
Immokalee, FL 34142
The Immokalee urban area is a region of about 30 square miles containing ±16,989 acres of
land, and is located in northeast Collier County, approximately 27 miles from the intersection of
Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Naples, to the intersection of
South First Street and Main Street in Immokalee. The Immokalee urban area comprises the
Immokalee planning community.
REQUESTED ACTION:
The subject area of this amendment request is designated Urban on the Future Land Use Map
(FLUM) of the Immokalee Area Master Plan (TAMP) element of the Growth Management Plan
(GMP). This petition seeks to revise and replace in its entirety the existing adopted Immokalee
Area Master Plan Element of the GMP, including the existing Implementation Strategy, which
encompass the Goals, Objectives, and Policies; the Land Use Designation Description Section,
which generally indicate the types of land uses for which zoning may be requested; and the
Future Land Use Map (FLUM). Additionally, approximate 103 acres designated
Agricultural /Rural and within the Rural Lands Stewardship Area Overlay are proposed to be
added to the TAMP and those lands re- designated as Urban.
SURROUNDING LAND USE ZONING AND FUTURE LAND USE DESIGNATION:
Subiect Area:
More than half of the land use type within the Immokalee Urban area is presently agricultural.
The remainder is a mixture of residential, commercial and industrial uses. Immokalee is
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
/kgend._-U 9A
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accessed from the south and east by its major roadway, Immokalee Road (CR 846). State Road
29 provides access into the Community from the northern counties of Lee and Hendry and to
the southeast areas of Collier County.
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PROPOSED FLUM MAP IMMOKALEE FUTURE LAND USE MAP
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Draft Future Land Use Map (FLUM)
Surrounding Lands:
North: Lands designated Agricultural /Rural Mixed Use District, Rural Lands Stewardship Area
Overlay (RLSA) on the countywide Future Land Use Map (FLUM). The vast majority of
these lands are zoned Rural Agricultural District (A).
South: Lands designated Agricultural /Rural Mixed Use District, RLSA on the countywide
FLUM. Most of these lands are undeveloped and are zoned Rural Agricultural District
(A).
East: Lands designated Agricultural /Rural Mixed Use District, RLSA on the countywide
FLUM. Lands to the east are within the Area of Critical State Concern on the
countywide FLUM and which are within the Okaloacoochee Habitat Stewardship Area
(HSA) and the Okaloacoochee Slough Flowway Stewardship Area (FSA). These lands
are undeveloped and most are zoned Rural Agricultural District (A).
West: Lands designated Agricultural /Rural Mixed Use District, RLSA on the countywide
FLUM; as well as Lake Trafford and lands within the Camp Keais Strand FSA. Most of
these lands are undeveloped and are zoned Rural Agricultural District (A).
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CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
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Existing Immokalee Area Master Plan (TAMP) Future Land Use Map (FLUM)
BACKGROUND:
The Board of County Commissioners (BCC) established an Immokalee Area Planning
Commission (IAPC) in October of 1965. The Community had its own Zoning and Subdivision
Regulations separate from the coastal area of Collier County. The Immokalee Area Planning
Commission governed under its own Zoning Ordinance until January 1982 when a unified
Zoning Ordinance was adopted for the entire unincorporated Collier County. The duties of the
IAPC continued until September 1985 when the nine member Collier County Planning
Commission (CCPC) was established with representatives from all areas within Collier County.
Today, one member serving on the CCPC is from Immokalee, and one member of the Board of
County Commissioners (BCC) represents District 5, which includes the Immokalee urban area.
In addition to all other applicable elements of the Collier County GMP, the Immokalee
Community is governed by the Immokalee Area Master Plan, an element of the GMP adopted in
1991 and revised in 1997 based on the 1996 Evaluation and Appraisal Report (EAR) and further
revised in 2007 based on the 2004 EAR. The Master Plan contains land use designations and
policies applicable only to the Immokalee area.
Community Redevelopment Area:
The Collier County Community Redevelopment Agency (CRA) was established by the BCC by
Resolutions 2000 -82 and 2000 -83 on March 14, 2000, and declared the Board of County
Commissioners to be the CRA Board in accordance with Section 163.357 of the Florida
Statutes. That Section states that members of the governing body may be members of the
Agency, but such members constitute the head of a legal entity, separate, distinct, and
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CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda I.te,�
ctV aa
independent from the Board of County Commissioners. Section 163.370, Florida Statutes
outlines the powers of Community Redevelopment Agencies. These powers include:
1. Executing contracts;
2. Hiring staff;
3. Disseminating community redevelopment information; and
4. Undertaking and implementing community redevelopment and related activities within
the community redevelopment area (property acquisition, demolition and removal of
buildings; installation, construction, or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary to carry out the plan; and disposition of
any property acquired).
Resolution 2000 -83 provided for the creation of advisory boards for each component area of the
community redevelopment area in the unincorporated area of Collier County, which is
composed of citizens, residents, property owners and business owners or persons engaged in
business in the area. The responsibilities of the advisory boards were determined by a separate
resolution of the CRA.
As required by State Statute, a redevelopment plan that provides the framework for effective
redevelopment of the Community Redevelopment Area was adopted by the BCC on June 13,
2000 by Resolution 2000 -181. In addition to providing flexibility for implementation of the goals
outlined for each community redevelopment area, the Plan also recognizes several funding
sources for implementation including the use of Tax Increment Financing (TIF). There are two
CRAs in Collier County: The Bayshore Gateway Triangle CRA and the Immokalee CRA.
The Immokalee Area Master Plan and Visioning Committee (IMPVC):
The Collier County Board of County Commissioners (BCC) adopted the Immokalee Area Master
Plan (TAMP) in 1991. The Master Plan, with the accompanying Immokalee Area Future Land
Use Map (FLUM), provides a framework for development of the Immokalee Community. The
Board of County Commissioners adopted a revised IAMP in 1997 based upon the 1996 EAR.
The BCC adopted the Second EAR for the GMP on July 27, 2004. Such EAR called for
revisions to the Immokalee Area Master Plan to be prepared as part of the subsequent County's
EAR -based amendments. During 2003, as part of the preparation of the EAR, the BCC
authorized Comprehensive Planning staff to prepare recommendations for revising the 1997
TAMP. Subsequently, the Board authorized creation of an advisory committee, the Immokalee
Area Master Plan Restudy Committee (Restudy Committee), to work with staff in making
proposed revisions to the TAMP.
The Restudy Committee, assisted by Comprehensive Planning staff, submitted
recommendations to the EAR (for recommended amendments to the TAMP), in November 2003.
However, during the performance of its tasks, the Committee determined that a longer, more
intense restudy of the IAMP was necessary. Therefore, the IAMP Restudy Committee
expressed a desire to extend the life of the Committee so that it could continue to assist the
Board with the implementation the TAMP. The re- established Committee was renamed as the
Immokalee Area Master Plan and Visioning Committee (IMPVC). The BCC adopted Ordinance
04 -62, sunsetting the Immokalee Area Master Plan Restudy Committee and creating the
IMPVC, on September 28, 2004.
One of the Committee's first official acts was to direct staff to prepare Request For Proposals
and Scope of Services to hire a consulting firm that would assist the IMPVC in revising the
TAMP. The CRA hired the consulting firm RMPK Group and worked for a period of over four
years conducting public meetings, collecting and analyzing data, and drafting revisions to the
TAMP. This firm prepared a study entitled "Immokalee Inventory and Analysis Report" in May of
4
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Iltw�
2006, but relinquished their services to the Immokalee CRA in 2008. RWA, Inc. was then hired
and is presently the agent in charge of the proposed amendments to IAMP and subsequent
Land Development Code (LDC) regulations. The IMPVC sunsetted on December 31, 2009 by
Resolution 2009 -306.
A series of public meetings and workshops were held in relation to the preparation of the subject
amendment to the IAMP. Agencies involved included the IAMPVC, and Immokalee Community
Redevelopment Agency Advisory Board (CRAAB) (see page 5 of the data and analysis).
Comprehensive Plan Amendment — Statutory Data and Analysis Requirement
Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Government
Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land
Development Regulations and Determinations of Compliance" sets forth the minimum data and
analysis requirement for comprehensive plan amendments. More specifically, Section 9J -5.005
"General Requirements" delineates criteria for plan amendments in sub - section 9J -5.005 (2)
"Data and Analysis Requirements."
Sub - section 9J- 5.005(2) states in part that "All goals, objectives, standards, findings and
conclusions within the comprehensive plan and its support documents, and within plan
amendments and its support documents, shall be based upon relevant and appropriate data
and analysis applicable to each element. To be based upon 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... the Department will
review each comprehensive plan [amendment] for the purpose of determining whether the plan
[amendment] is based on data and analyses described in this Chapter and whether data were
collected and applied in a professionally acceptable manner."
It is incumbent upon all applicants requesting comprehensive plan amendments to provide
supporting data and analyses in conjunction with any relevant support documents. It is not the
responsibility of Collier County staff to generate data and analysis for the applicant, rather it is
staff's responsibility to review and analyze the petitioner's data and analysis for accuracy,
applicability, professional acceptability, sound methodology, etc. Any outstanding deficiencies
or other issues with respect to data and analyses that may remain at the time of any requisite
public hearing are the responsibility of the applicant. An evaluation of the adequacy of the
data and analysis for the subject plan amendment is set forth herein.
Growth Management Plan Vision
Stated succinctly, the purpose and function of the GMP is to guide and direct development to
the appropriate locations, at the appropriate densities and intensities; provide for the protection
of lands and natural resources not suitable or appropriate for development; and, provide for
adequate infrastructure and services for the allowed development. The GMP represents the
vision of the Collier County community, collectively. In that sense, a GMP amendment petition
is a request to alter that vision.
State law requires local governments - with public involvement - to evaluate their GMP every
seven years (EAR, Evaluation and Appraisal Report); in large part, the purpose is to determine
if the community's collective vision is being fulfilled or if that vision has changed. Subsequently,
the GMP must be amended to address issues raised in the EAR. State law also provides for
(allows) amendments to the GMP no more than twice each year, with numerous exceptions.
One of these exceptions is for areas designated as a Rural Area of Critical Economic Concern.
The total area encompassed by this petition is so designated.
5
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda It�AA
-1
Each petitioner has the burden of demonstrating there is a need for the amendment — a need for
more lands designated to accommodate the proposed development (commercial, residential,
industrial, etc.) or changes to existing designation(s) to allow greater density or use intensity,
that the subject site is an appropriate location for that need to be fulfilled, that infrastructure
impacts as a result of the amendment are acceptable or mitigation is provided for — AND of
demonstrating how this petition furthers the community's vision or how /why the existing Future
Land Use designation is no longer appropriate or feasible.
Synopsis of Petition:
This petition request seeks to revise and replace each existing Goal, Objective and Policy of the
TAMP, as well as revise and replace all future land use designations on the IAMP and IAMP
FLUM.
Major Changes:
In general, the amendment to the IAMP element of the GMP proposes eight new goals, each
with respective objectives and policies; followed by the revised Land Use Designation
Description Section which includes and describes the proposed land use designations that will
guide patterns of development within the Immokalee urban area and further the proposed goals
through standards set forth within such land used designations, and the types of allowed land
uses that could be requested.
The first goal establishes the prioritization of capital projects and other TAMP activities to
accomplish the proposed goals, subject to funding as approved by the BCC on an annual basis.
The second goal prioritizes economic development in regard to opportunities for business and
redevelopment initiatives and incentives that promote social benefits to the Immokalee
community; encourages development away from environmentally sensitive lands; and allows for
agriculture related business within certain areas of the Immokalee urban area. The third goal
deals with housing, as it relates to farm worker and migrant housing needs; conservation and
rehabilitation of housing; and the promotion of affordable workforce and gap housing. Provisions
for public infrastructure and public facilities are dealt with in goal four. The fifth goal outlines
standards and policies related to natural resources. Goal six describes the revised land use
designations in Immokalee. Goal seven relates to development design standards that are
specific to the Immokalee Urban area. Goal eight provides for coordination with certain
agencies. The last portion of the revised [AMP specifies the changes among each new land use
designation and the density rating system, including density bonuses and the density and
intensity blending provision, and the applicable correlating revisions to the FLUM.
The following are some of the major changes proposed in this petition:
• Re- configuration of the wetland boundary that connects to Lake Trafford /Camp Keais
Strand System Overlay (see attached Map 1). This revision was requested by staff.
• The re- designation of the lands within the boundary of the Immokalee Regional Airport
from Industrial (ID) to Immokalee Regional Airport Subdistrict (APO).
• The addition of ±103 acres of land that are proposed to be removed from the Rural
Lands Stewardship Area Overlay (RLSA) and be included within the boundary of the
Immokalee Regional Airport Subdistrict (APO). (Correlating changes to the countywide
Future Land Use Map Series are not proposed at this time, but will be considered during
adoption hearings.)
• The addition of the "Loop Road," which is proposed to allow access from the Immokalee
Regional Airport and Florida Tradeport areas, to SR82 and SR29.
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CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Ite a�
Revisions to the land use designations in the IAMP FLUM include (see Table 1):
o An increase in the base density allowed within the mixed use designated areas.
However, no change in base density (DU /A — dwelling units per acre) is proposed
within the Low, Medium, High and RT designated areas (see Table 2):
• Low Residential: no change (4 DU /A).
• Medium Residential: no change (6 DU /A)
• High Residential: no change (8 DU /A)
■ Mixed use: from 12 DU /A allowed within the existing Commerce Center
Mixed Use (CC -MU) and Neighborhood Center (NC) to 16 DU /A allowed
in the proposed Commercial Mixed Use (CMU) designated areas.
■ Recreational Tourist (RT): no change (4 DU /A).
o An increase of about 10 percent in the number of potential dwelling units that
could be developed through base density (see Table 3):
A reduction in the base number of potential dwelling units within the Low,
Medium and High Residential designated areas, from 57,230 dwelling
units to 55,829 dwelling units. This change would allow 1,401 less
dwelling units.
■ An increase in the base number of potential dwelling units within the
Mixed -Use designation, from 10,341 dwelling units to 17,670 dwelling
units. This change would allow 7,299 additional dwelling units.
An increase in the base number of potential dwelling units within the
Recreational Tourist designation, from 1,005 dwelling units to 1,805
dwelling units. The 800 additional dwelling units is due to the increase in
the amount of acreage proposed to be designated as RT in the revised
FLUM.
The above noted reductions and additions in the base number of potential dwelling
units in the IAMP FLUM, in conjunction with the changes in the amount of acreage of
each land use designation, including the increase in acreage of RT designated lands,
yields an increase in the total base number of potential dwelling units, from 68,576
dwelling units to 75,307 dwelling units. This change represents an additional
6,730 dwelling units that would be allowed in the TAMP.
o Changes in the maximum density (DU /A — dwelling units per acre) allowed within
the low residential (reduction) and mixed use designated areas (increase) (see
Table 4):
■ Low Residential: from 12 DU /A to 8 DU /A
• Medium Residential: no change (14 DU /A)
• High Residential: no change (16 DU /A)
■ Mixed use: from 12 DU /A allowed within the Commerce Center Mixed
Use (CC -MU) and Neighborhood Center (NC) to 20 DU /A allowed in the
proposed Commercial Mixed Use (CMU) designated areas.
■ Recreational Tourist (RT): no change (4 DU /A)
o An 18 percent reduction in the maximum number of potential dwelling units that
would be allowed in the IAMP (see Table 5):
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CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
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Ll
• A reduction in the maximum number of potential dwelling units within the
Low, Medium and High Residential designated areas, from 157,011.4
dwelling units to 113,879.2 dwelling units. This change would allow
43,132.2 less dwelling units.
• An increase in the maximum number of potential dwelling units within the
Mixed -Use designation, from 10,341.6 dwelling units to 22,088 dwelling
units. This change would allow 11,746.4 additional dwelling units.
• An increase in the maximum number of potential dwelling units within the
Recreational Tourist designation, from 1,005 dwelling units to 1,805
dwelling units. This change would allow 800 additional dwelling units due
to the increase in the amount of acreage proposed to be designated as
RT in the FLUM.
The above reductions and additions in the maximum allowed number of potential
dwelling units, in conjunction with the increase in acreage of RT designated lands,
yields a reduction in the total maximum number of potential dwelling units in the
IAMP FLUM, from 168,357.8 dwelling units to 137,774.4 dwelling units. This change
represents a reduction of 30,583.4 dwelling units from what is currently
allowed to be developed in the TAMP.
o An increase in the amount of Recreational Tourist (RT) designated lands: from
±251.2 acres to ±451.8 acres, an increase of ±201 acres. This change would
allow an increase in the potential number of dwelling units, from 1,005 dwelling
units to 1,805 dwelling units (see Table 3); as well as an increase in the
maximum amount of potential dwelling units that could be developed (see Table
5).
o An increase on the cap of allowed density that can be requested within the
Immokalee Urban Area, via density bonus, from a maximum of 16 DU /A to a cap
of 20 DU /A.
• A five percent reduction of residential designated lands. This change of over
±636 acres of residential designated lands are proposed to be re- designated to
allow commercial and industrial development, as well as uses that are allowed
under the RT designation.
• An increase in the amount of commercial designated lands: from ±1024.4 acres
to ±1,104.4 acres, an increase of ±80 acres of commercial designated lands (see
Table 6).
o An increase in the amount of industrial designated lands: from 2,643.5 acres to
3,105.4 acres, an increase of ±462 acres of industrial designated lands. This
increase includes the re- designation from Industrial (ID) to Immokalee Regional
Airport Subdistrict (APO) of 1484.3 acres of land that are part of the Immokalee
Regional Airport boundary (see Table 6).
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Table 1: FLUM designation changes.
Agenda Iter�,�
Existing FLUM Designations
Proposed FLUM Designations
URBAN -MIXED USE DISTRICT
URBAN -MIXED USE DISTRICT
LR Low Residential
LR Low Residential
MR Mixed Residential
MR Medium Residential
HR High Residential
HR High Residential
NC Neighborhood Center
Eliminated
CC -MU Commerce Center - Mixed -Use
Eliminated
PUD Planned Unit Development Commercial
Eliminated
RT Recreational Tourist
RT Recreational/Tourist
4
CMU Commercial -Mixed Use
URBAN - COMMERCIAL DISTRICT
Eliminated
C Commercial — SR 29 and Jefferson Ave.
Eliminated
URBAN - INDUSTRIAL DISTRICT
URBAN - INDUSTRIAL DISTRICT
ID Industrial
IN Industrial
CC -1 Commerce Center - Industrial
IMU Industrial Mixed Use
BP Business Park
Eliminated
Hi h Residential HR
APO Immokalee Regional Airport
Table 2: Base density changes.
Existing Base Density
(DU /A)
Units
Proposed Base Density
(DU /A)
ACRES
SUBDISTRICT
SUBDISTRICT
ACRES
SUBDISTRICT
CHANGE
Low Residential LR
Low Residential LR
41,622.4
4
DU/A)
Low Residential LR
- 4,981.2
4
DU /A
Mixed Residential MR
Medium Residential (MR)
6
DU/A)
Medium Residential MR
High Residential (HR)
6
DU /A
High Residential HR
1,565.7
8
DU /A
Hi h Residential HR
12,472.6
8
DU /A
Mixed Use CC -MU, NC
55,829.2
12
DU /A
Commercial -Mixed Use CMU
10,341.6
16
DU /A
Recreational Tourist RT
+7,299.3
4
DU /A)
Recreational/Tourist (RT)
Recreation alfrourist (RT)
4
DU /A
Table 3: Base dwelling units.
Existing Base Dwelling Units
Proposed Base Dwelling
Units
SUBDISTRICT
ACRES
UNITS
SUBDISTRICT
ACRES
UNITS
CHANGE
Low Residential LR
10,405.6
41,622.4
Low Residential (LR)
9,160.3
36,641.2
- 4,981.2
Mixed Residential (MR)
463.9
2,783.4
Medium Residential (MR)
1,110.4
6,662.4
+3,979
High Residential (HR)
1,603.1
12,824.8
High Residential (HR)
1,565.7
12,525.6
-299.2
SUB -TOTAL
(LR +MR +HR)
12,472.6
57,229.9
SUB -TOTAL
(LR +MR +HR)
11,836.4
55,829.2
-1,400.7
Mixed Use (CC -MU + NC)
861.8
10,341.6
Commercial -Mixed Use CMU
1,104.4
17,670.4
+7,299.3
Recreational Tourist (RT)
251.2
1,004.8
Recreation alfrourist (RT)
451.8
1,807.2
+800.0
TOTAL
13,585.6
68,577 1
TOTAL
13,398.9
75,306.8
+6,729.8
Table 4: Maximum density changes.
Existing Maximum Density (DU /A)
Proposed Maximum Density (DU /A)
SUBDISTRICT
SUBDISTRICT
Low Residential (LR)
12
DU/A)
Low Residential LR
8
DU /A
Mixed Residential MR
14
DU /A
Medium Residential MR
14
DU /A
High Residential HR
16
DU/A)
High Residential HR
16
DU /A
Mixed Use CC -MU, NC
12
DU/A)
Commercial -Mixed Use CMU
20
DU /A
Recreational Tourist (RT)
4 (DU /A
Recreational/Tourist (RT)
4
DU /A
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Table 5: Maximum number of dwelling units.
Agenda Item
Existing Maximum Dwellin g Units
Proposed Maximum Dwelling
Units
SUBDISTRICT
SUBDISTRICT
ACRES
MAX # UNITS
SUBDISTRICT
ACRES
MAX # UNITS
CHANGE
Low Residential (LR)
10,405.6
124,867.2
Low Residential (LR)
9,160.3
73,282.4
- 51,584.8
Mixed Residential (MR)
463.9
6,494.6
Medium Residential MR
1,110.4
15,545.6
+9,051
High Residential (HR)
1,603.1
25,649.6
High Residential (HR)
1,565.7
25,051.2
-598.4
SUB -TOTAL
(LR +MR +HR)
12,472.6
157,011.4
SUB -TOTAL
(LR +MR +HR)
11,866.4
113,879.2
- 43,132.2
Mixed Use (CC -MU + NC)
861.8
10,341.6
Commercial -Mixed Use CMU
1,104.4
22,088
+11,746.4
Recreational Tourist (RT)
251.2
1004.8
RecreationaUTourist (RT)
451.8
1,807.2
+802.4
1
TOTAL
13,585.6
168,357.8
TOTAL
13,392.6
137,774.4
- 30,583.4
Table 6: Intensity changes.
Existing Commercial Acreage/Uses
Proposed Commercial Acreage /Uses
2053.8
SUBDISTRICT
USES
ACRES
SUBDISTRICT
USES
ACRES
CHANGE
Commercial C
C1 through C4
162.6
Commercial-
Mixed Use
(CMU)
C1 through C4
1,104.4
Commerce Center -Mixed
Use (CC -MU)
C1 through C4
395.0
Neighborhood Center (NC)
Convenience
commercial uses (C2)
466.8
TOTAL
1 1024.4
TOTAL
1,104.4
+80 ac
Existing Industrial Acreage/Uses
Proposed Industrial Acreage/Uses
I
SUBDISTRICT
I URFS
I ACRES
SI]RnlgTRIrT
11SFS
I ACRFC
Industrial (ID)
I, limited commercial uses,
2053.8
Industrial (IN)
I, limited
752.0
- 1,301.8
related uses to Immokalee
commercial uses
Regional Airport
Immokalee
IN, Subdistrict uses;
1,384.3
+1,484.3
Commerce Center (CC -1)
I, C1 through C5, BP
589.7
Industrial Mixed-
Some I and BP,
869.1
+279.4
Use (IMU)
C4 and C5
(RLSA
tSUSmess rant (1st-)-
I, Ilmltea commercial
U
N/A
N/A
0
uses
Immokalee
IN, Subdistrict uses;
1,384.3
+1,484.3
Regional Airport
airport and ancillary
+100.0
(APO)
uses; some
(RLSA
commercial uses;
lands)
uses compatible to
Immokalee Regional
Airport
TOTAL
2643.5
TOTAL
3,105.4
+462.2
GRAND TOTAL
3,667.9
GRAND TOTAL
4,209.8
+541.9
'Text -based Subdistrict (not a FLUM desianation)
Regarding proposed changes to the FLUM, Maps 1 that is attached to this Staff Report does not
identify the Urban Infill area other than in the legend. Staff did not place the pattern for Urban
Infill on the map face due to clutter and confusion it might cause. The existing IAMP FLUM
depicts the Urban Infill area (see page 3); the petitioner is not proposing changes to this feature.
Also, attached Maps 1 does not depict on the map face the two environmentally sensitive areas
features, both of which are proposed for deletion, for the same reason (map clutter). Staff has
no objection to their deletion as both are informational only (have no regulatory effect), may be
out of date, and similar features on the countywide FLUM were previously removed.
In addition, the proposed FLUM intends to correct inconsistencies with the adopted FLUM due
to mapping error. Correction of this discrepancy increases the Immokalee urban area boundary,
and therefore, increases the number of dwelling units that may be developed within the urban
area.
10
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
ANALYSIS:
General comments:
Agenda d
Item,
`A
Overall, the proposed amendments to the IAMP are justified by data and analysis intended to
support current population projections for Immokalee. Supporting data and analysis for the
proposed increase in density and intensity, and the potential impact that such changes in
density and intensity could have on the demand for future public facilities, are justified by the
premise that the primary intent of the proposed amendments to the TAMP is to promote
economic and community development in Immokalee.
Such vision is proposed to be fulfilled through the inclusion of development incentives and
guidance for future development patterns that promote density with a mix of commercial and
residential use developments (Commercial Mixed Use Subdistrict), mainly along Immokalee's
major thoroughfares (1St Street, Main Street, and SR 29). Mixed -use areas are mainly proposed
to be surrounded by lands with the highest density allowance (High and Medium Residential
Subdistricts), and which would then transition to lands with the least density allowance (Low
Residential and Residential Tourist Subdistrict) located, in most cases, towards the boundary of
the Immokalee urban area. Existing and additional industrial designated lands are proposed to
remain in its present location (see Map 1).
Specifically, the proposed amendments allow for an increase of 6,731 base dwelling units and
542 acres of additional commercial and industrial designated lands. Conversely, the maximum
number of potential dwelling units allowed within the Low, Medium, and High Residential
designated lands, are proposed to be reduced by 18 percent.
The petitioner asserts that the timing of residential build -out that could be calculated based on
the proposed changes in density may not be predicted, and that that thresholds of such a
projection may not ever be reached. The petitioner also affirms that potential impacts on
demand for public facilities can be incorporated within future updates to the County's population
projections, and that the resulting increases, if any, could be incorporated within the County's
Capital Improvement Element (CIE) and Schedule of Capital Improvements. The Plan also
notes that the proposed increase in density and intensity is meant to guide how development is
to occur in Immokalee, and that because no specific development is proposed with the Plan,
future demand on public facilities to serve the needs of the current population projections
remains as currently reflected in the GMP through the adopted Levels of Service Standards
(LOSS) and Schedule of Capital Improvements.
Current economic conditions have impacted the last County's AUIR, CIE, Schedule of Capital
Improvements, as well as the organizational structure of the agency. The commitments included
in the Plan (see Table 7), which translates into operational impacts, fiscal impacts, as well as a
set timeframe to fulfill such programmatic and fiscal commitments, will require funding and
allocation of staff that may not be readily available.
Staff is of the opinion that careful consideration should be given to allocation of funding for such
commitments and the timeframe to fulfill them, so that the vision of the CRA, the IMPVC, and
the citizens they serve, can be timely and efficiently fulfilled and so that the County does not
incur sanctions due to unfulfilled commitments of its own GMP. In addition, shifting of
prioritization of some County -wide efforts to the Immokalee Urban Area could occur. However,
this shifting of prioritization is not readily apparent, and in some cases, not stated in the Plan.
Such shifting in prioritization is prompted by the proposed increase in density and intensity.
Unintended and intended prioritization of commitments of the Immokalee area over present and
future projected County -wide efforts could occur because of the proposed changes, despite the
11
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Item
assertions that the Plan is not meant to change the existing population projections and does not
have an impact on the demand for future public facilities.
Staff is of the opinion that the proposed Plan may not have an immediate impact on the demand
for public facilities, but will impact future demand for public facilities. In addition, the proposed
Plan will shift prioritization of some County -wide efforts to the Immokalee Urban Area.
Nevertheless, the inclusion of Goal 1 would allow the County, on an annual basis, to prioritize
capital projects, programs, studies, and any other commitments within the proposed plan that
are necessary to further the proposed Goals, Objectives and Policies in the TAMP. Objective 1.1
requires the CRA to develop a list of priorities of commitments, as well as identifying potential
alternative funding sources to fulfill such commitments. In addition, Policy 1.1.1 allows for the
extension by the BCC of the timeframes allocated to fulfill the commitments within the proposed
TAMP, subject to consideration of available funding and /or operational constraints. Staff
concerns in regard to the deferral of satisfying the infrastructure demand questions
while providing certainty on the supply side, are offset by the provisions described in
Goal 1, and its corresponding Objective 1.1 and Policy 1.1.1. However, staff does have
concern that the Florida Department of Community Affairs will find this unacceptable as
it does not establish objectives and policies that are measurable.
The petitioner has also indicated that general information in regard to fiscal impact will be
presented to the BCC.
Table 7: Operational and Fiscal Impact.
12
Operational
Fiscal
Proposed Goals, Objectives, and Policies
Impact
Impact
To annually identify priorities related to capital improvements and other
County
Goal 1
activities to fulfill the commitments outlines in the IAMP
Development of prioritization list by the CRA on an annual basis and
CRA
Objective 1.1
identification of funding sources, to be presented to the BCC annually.
County and
Policy 1.1.1
Fiscal and operational constrains
CRA
Goal 2
Enhance and Diversify the Local Economy of the Immokalee Community
To actively pursue, attract, and retain business enterprise in the Immokalee
Objective 2.1
Area.
Policy 2.1.1
Commercial and Trade Hub
County et al.
Policy 2.1.2
Florida Trade ort/Immokalee Regional Airport
County
County 2 and
Policy 2.1.3
Miti ation Bank
CRA
To create a positive business climate that will enhance and diversify the
Immokalee Area economy, increase employment opportunities, and
Objective 2.2
improve the quality of life for Immokalee residents.
Policy 2.2.1
Expedited Review
County' '2
Policy 2.2.2
Pre - Certified Commercial /Industrial Sites
County2
Policy 2.2.3
Home Occupations
County' z
Policy 2.2.4
Financial Incentives
County
Policy 2.2.5
Agriculture-Related Business Uses
County' 2
To promote and expand tourism, recreation, entertainment, and cultural
opportunities in Immokalee in order to diversify Immokalee economy,
Objective 2.3 1
thereby improving quality of life
County and
Policy 2.3.1
1
Recreational, Entertainment, and Cultural Opportunities
CRA
Policy 2.3.2
Eco- tourism
County et al.
12
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Item
C-9
Policy 2.3.3
1 Seminole Casino Immokalee
County
Policy 2.3.4
Entertainment District
County
Objective 2.4
To enhance and expand educational and cultural facilities and opportunities
in Immokalee
Policy 2.4.1
Research and Development
County, CRA,
and EDC
Policy 2.4.2
Cultural Programs and Facilities
County
Objective 2.5
To promote and support development and redevelopment initiatives in the
Immokalee Area
Policy 2.5.1
Technical Assistance
Count/ et al.
Policy 2.5.2
Infill and Downtown Redevelopment
County'
Policy 2.5.3
Alternative Funding
County et al.
Goal 3
To provide a diversity of safe, standard housing types for all residents of the
Immokalee Urban Area
Objective 3.1
Collier County shall coordinate with federal, state, local and private
agencies to address farmworker housing and migrant labor camp needs
Policy 3.1.1
Farmworker Housing Land Development Regulations
County'
Policy 3.1.2
Agricultural and Housing Partnerships
County
Objective 3.2
Collier County shall promote the conservation and rehabilitation of housing
in Immokalee neighborhoods
Policy 3.2.1
Targeted Redevelopment Areas
County
Policy 3.2.2
Funding Opportunities
County et al.
Policy 3.2.3
Substandard Housing
County
Policy 3.2.4
Displaced Occupants
County
Policy 3.2.5
Housing Code Enforcement
County
Objective 3.3
Collier County will continue to explore and provide innovative programs and
regulatory reforms to reduce development costs and promote safe and
sanitary affordable- workforce housing for Immokalee resident.
Policy 3.3.1
Housing Grant Opportunities
County
Policy 3.3.2
Affordable - Workforce and Gap Housing Incentives
County
Goal 4
To provide adequate and efficient public infrastructure, facilities and
improvements for the Immokalee Area
Objective 4.1
To provide a comprehensive system of parks and recreation facilities that
supports diverse active and passive recreational activities within the
Immokalee area
Policy 4. 1.1
Priority Park Sites
County
Policy 4.1.2
Community Input
County
Policy 4.1.3
Expansion of Parks and Trails
County
X
Policy 4.1.4
Encourage Active Lifestyles
County
X
Policy 4.1.5
Use of Vacant Residential Parcels
County
X
Policy 4.1.6
Park Amenities
County
X
Objective 4.2
To provide a network of roads, sidewalks, and bikepaths to support future
growth and to provide for the safe and convenient movement of
pedestrians, non - motorized, and motorized vehicles, reduce greenhouse
gas emissions and minimize energy consumption
County
Policy 4.2.1
Bicycle and Pedestrian Pathways Plan
County
Policy 4.2.2
Long Range Transportation Improvements
County
X
Policy 4.2.3
Access to Immokalee Airport to SR 29 loop road
County
X
Policy 4.2.4
Safety Improvements
County
X
Policy 4.2.5
Public Transit Routes
County
X
Policy 4.2.6
Enhanced Transit Services
County
X
Policy 4.2.7
Transportation Concurrency Exception or Management Area
Count Y2 and
X
13
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Item >ic
0($
rroyrarnrmauc commitments mcivae amenaments to the comer county Lana uevelopment coae.
`'Programmatic commitment is due within two years of adoption of the proposed IAMP amendment.
14
CRA
Objective 4.3
To improve storm water management and surface drainage in Immokalee
X
Policy 4.3.1
Immokalee Stormwater Master Plan
County2
X
Objective 4.4
To provide an efficient and economical solid waste management system
that ensures public health and safety, and protects the environmental
resources of the area
Policy 4.4.1
Clean Immokalee Plan
County
Goal 5
To protect important natural resources through implementation of
appropriate development standards and policies
Objective 5.1
Policies are intended to address natural resource protection not otherwise
addressed in the Conservation and Coastal Management Element
Policy 5.1.1
Incentives and Innovative Land Development Regulations
County
Policy 5.1.2
Lake Trafford Development
County' '2
Policy 5.1.3
Lake Trafford Remediation
County
Policy 5.1.4
Wetlands connected to Lake Trafford /Camp Keais System Overlay
County
Policy 5.1.5
Conservation Designation
County
Goal 6
To allow and encourage a mixture of land uses appropriate to Immokalee
Objective 6.1
Standards and allowed uses for each District and Subdistrict identified in
the Land Use Designation Description Section
Policy 6. 1.1
Future Land Use Designation
Policy 6.1.2
Compatibility Between Land Uses
Policy 6.1.3
Right to Farm
Policy 6.1.4
Farmworker Housing
Policy 6.1.5
Compact Mixed -Use Development
Policy 6.1.6
Mobile Homes within the Immokalee Urban Area
Policy 6.1.7
Existing Mobile Home Parks
County' '2
Policy 6.1.8
Public Educational Plants and Ancillary Plants
Policy 6.1.9
Rezonin s
Goal 7
To establish development design standards that are appropriate for
Immokalee
Objective 7.1
Collier County shall develop Immokalee- specific land development
regulations that reflect the unique character and cultural diversity of the
residents, encourage pedestrian - friendly urban form, and promote energy
efficiency
Policy 7.1.1
Development of Land Development Code Standards
County2 and
CRA
Policy 7.1.2
Location of Service Uses
County
Policy 7.1.3
Innovative Design
Count and
CRA
Policy 7.1.4
Downtown Pedestrian Amenities
County and
CRA
Policy 7.1.5
Central Business District
County' 2
Policy 7.1.6
Safe neighborhood initiatives
County
Goal 8
To coordinate and provide for the continual exchange of information with
other governmental agencies, utility providers, non - profit organizations, the
school board, and the Seminole Tribal Council that may be affected by the
Immokalee Area Master Plan.
Objective 8.1
Pursue effective interlocal and intergovernmental coordination in order to
provide a range of human services to Immokalee residents.
Policy 8.1.1
Regional Economic Development Initiatives
County
Policy 8.1.2
Redevelopment Implementation Partners
County and
CRA
Policy 8.1.3
Immokalee Government Services Center
Count Y2
X
rroyrarnrmauc commitments mcivae amenaments to the comer county Lana uevelopment coae.
`'Programmatic commitment is due within two years of adoption of the proposed IAMP amendment.
14
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda IterryBA
Needs Assessment:
Changes in density and intensity are required by Florida Statute to be justified through data and
analysis that support the need for such changes. Historically, amendments to the Collier
County's GMP have been supplemented by data and analysis that justify what typically amounts
to a proposed increase in density, intensity, or a combination of both. Such data and analysis
have been required to demonstrate a need for a proposed change in relationship to current
population projections or revised projected population projections due to proposed changes in
density, coupled with other factors such as assessment of impacts on current and future
demand for public facilities as a result of proposed changes.
The proposed IAMP intends to implement the Immokalee community's vision, as approved by
the IMPVC, by promoting economic development and efficient delivery of services through
greater density and intensity that encourage dense, clustered development; incorporating smart
growth principles; and by providing greater development flexibility through mixed -use
Subdistricts.
"The Florida Senate Interim Report 2010 - 107 ", dated October, 2009 gives guidance in regard to
"Population Need as a Criteria for Changes to a Local Government's Future Land Use Plan ",
and states in its Findings and /or Conclusions:
"Need Assessment is a Factor in Land Use Planning
The needs assessment is a fundamental part of land use planning. Specifically, the numerical needs
assessment is a useful tool to determine whether the amendment will cause an area to become over -
allocated or exacerbate existing over - allocation. It is also a key indicator of urban sprawl. However,
the numerical needs assessment is only one factor to consider when conducting a needs assessment. It
is also important to consider other policy factors such as job creation potential, urban infill, form of
development, or the promotion of development in areas where it is most efficient for the local
government to promote growth. "
The petitioner contends that assessment of need for the proposed changes in density and
intensity in the proposed IAMP, as required by Florida Statute, is justified by factors such as
suitability of the property for change, locational criteria, and community desires; as well as the
need for job creation, capital investment, and the necessity to strengthen the local economy. In
addition, the Immokalee's CRA, Rural Areas of Critical Economic Concern (RACEC)
designation, and Enterprise /Empowerment Zone designation, further justifies need for economic
stimulus in the Immokalee area.
Based upon the petitioner's information, staff is able to assess need for the changes in density
and intensity. The data and analysis, as well as the response letter from the applicant to staff
comments, cite policy factors to justify need in accordance to the Florida Senate Interim Report,
dated October 2009. These factors, which include suitability of the property for change,
locational criteria, and community desires; as well as job creation potential, urban infll, form of
development, or the promotion of development in areas where it is most efficient for the local
government to promote growth; have been justified with correspondent data and analysis that
support these considerations. In this regard, the applicant contends, and staff agrees, that the
promotion of economic development, smart growth principles, and community desires, is
achieved through the proposed GOPs, land use standards, and changes to the FLUM.
Staff has generated an evaluation of the needs analysis for the proposed increase in the base
residential dwelling units, comparing the existing Plan against the proposed Plan. The
population projection for 2020, utilizing peak population figures, is 48,636. Utilizing the County's
current 2.39 persons per household rate, this population would demand 20,350 dwelling units.
15
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Ite
Q
The current Plan provides for 68,576 base dwelling units. Conversely, the amendments to the
IAMP yields a reduction in the total maximum number of potential dwelling units, from 168,358
dwelling units to 137,774 dwelling units, or 18 percent. This change represents a reduction of
30,583 dwelling units from what is currently allowed to be developed.
In addition, the data and analysis contains an assessment of impacts to public facilities based
on the maximum densities and intensities allowed in the proposed Plan. Such assessment takes
into consideration the reduction of density allocated to developed and undeveloped public
owned lands, as well as the lands within the LT /CKSSO. As noted in the data and analysis, the
proposed increase in allowed density could be reduced by accounting for the number of
dwelling units that could be developed within public lands (3,785 DU) and the lands within the
LT /CKSSO (663 DU).
There is little to support the proposed additional dwelling units strictly on a numeric needs
analysis. However, as noted above, other factors to support the proposed increase in base
dwelling units have been established. The higher densities will allow for compact design areas
that are required to be developed through smart growth principles and will reduce vehicle trips
traveled by providing for efficient land use patterns and transportation strategies geared to
address greenhouse gas reductions, energy conservation, and energy efficient housing
Based upon the petitioner's information, staff is able to conclude that the changes in density and
intensity are justified through policy factors, as allowed by Florida Statues.
Land Use Changes:
The applicant asserts that the proposed Plan intends to increase density and intensity as the
main mechanism to promote economic development within the Immokalee Urban Area. Staff
acknowledges and supports the desires of the CRA and IMPVC to promote and diversify
economic development in Immokalee.
Specifically:
Changes in the FLUM proposes the majority of dense, mixed use of commercial and
residential development along the main thoroughfares of Immokalee, surrounded by land
uses that have the highest allowance for density. These higher density areas transition
to lands that are allowed lower density and which are located mainly towards the edge of
the urban area. Industrial development remains in the current general location of the
Immokalee airport.
• Increase in density bonuses for mixed use development are meant to incentivize higher
density along the main thoroughfares, and promote the changes in the land use
designations of these areas that would further the proposed GOPs.
• The proposed FLUM reduces the amount of residentially designated lands by 636 acres.
This change allows for the re- designation of current Low Residential Designated lands
located around the main thoroughfares of Immokalee. Such existing Low Residential
areas are proposed to be re- designated to allow higher density and non - residential uses
in order to further the proposed GOPs and create transition towards the low density
areas.
• In addition, some of the changes, such as the location of the Industrial — Mixed Use
Subdistrict (IMU) do not seem to be compatible with the proposed adjacent designations.
16
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment Agenda Ite
cl?
However, added development standards, such as specific landscaping buffers between
the industrially designated lands and the residential areas, are meant to ameliorate
compatibility issues between them.
Natural Resources:
The wetland boundary that connects to Lake Trafford /Camp Keais Strand System Overlay
(LT /CKSSO) was adopted as part of the 2007 GMP amendments based on the 2004 EAR. As
part of this change, policies were added to the CCME to increase the native vegetation retention
requirements. Subsequent analysis by staff yields a different, more accurate boundary of this
wetland. At staff request, the petitioner agreed to include the revised boundary as part of this
amendment petition.
Within the LT /CKSSO, some underlying FLUM designations are proposed to change to increase
density or intensity. However, changes to CCME policies in regard to native vegetation retention
are not being proposed as part of this amendment. Therefore, the existing vegetation retention
policies in the CCME remain in effect and consequently the same amount of native vegetation
must be retained. In addition, no increase of density within the LT /CKSSO is allowed, as
recommended by EAC at their January 6, 2010 hearing on this petition.
Public Facilities:
The proposed Plan asserts that because the changes to the IAMP do not alter current
population projections, that the demand for public facilities (parks and recreation, schools,
transportation, water and sewer, solid waste, fire, and police protection) will not be impacted,
and that the adopted CIE and Schedule of Capital Improvements will not be affected. The Plan
also notes that that the proposed increase in density and intensity is meant to guide how
development is to occur in Immokalee, and that because no specific development is proposed
with the Plan, future demand on public facilities remains as they have been scheduled for
demand of the current population projections and adopted LOSS in the GMP.
Water and Sewer: proposed changes to FLUM designations will increase density and
intensity. Water and Sewer in Immokalee is provided by the Immokalee Water and Sewer
District, an agency that is not regulated by Collier County Government. Therefore, the
processes in place for water and sewer demand of the proposed changes are not subject to
the adopted mechanism in place within the GMP that address current and future demand.
The petitioner provided data and analysis in regard to availability of central water and sewer
service (or alternative) to support these changes. The data and analysis notes demand
projections for water and sewer, but since that the proposed changes to the IAMP will not
affect population projections, they will have no impact on projected water and sewer facilities
demand.
Transportation: The proposed revisions to the IAMP contains commitments, such as the Bicycle
and pedestrian Pathway Plan as proposed in Policy 3.2.2, that could prioritize the Immokalee
area in regard to transportation plans and capital projects that are presently County -wide efforts
based on need in specific areas of the County, as opposed to a large area of the County. Some
prioritizations of efforts that could occur, and which are not readily apparent in the Plan, could
derive as a consequence of the proposed increase in density and intensity. The Plan asserts
that the proposed amendment of the IAMP is not meant to change the existing population
projections. However, unintended prioritization of the Immokalee area over present and
projected County -wide efforts, such as the Long Range Transportation Plan (LRTP), could
occur because of the proposed increase in density and intensity, as well as the commitments
included in the proposed Objectives and Policies. Staff concerns in regard to transportation
commitments included in the proposed . amendments to the TAMP, are offset by the
provisions described in Goal 1, and its corresponding Objective 1.1 and Policy 1.1.1.
17
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Ite _n
_`B
2008 Legislation - HB 697
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1,
2008. Some key phrases in the legislation include: "discouragement of urban sprawl';
"greenhouse gas reduction strategies "; "transportation strategies to address reduction in
greenhouse gas emissions from the transportation sector." Among other things, House Bill 697
requires certain amendments to the Growth Management Plan (future land use element and
map, housing element, transportation element, conservation and coastal management element)
which would be initiated by Collier County. However, in the interim (and perhaps beyond), each
GMP amendment petition should include data and analysis to demonstrate how it discourages
urban sprawl and reduces greenhouse gas emissions. DCA (Florida Department of Community
Affairs) will be reviewing GMP amendments for compliance with this legislation.
Below are excerpts from "The Role of Local Land Use and Transportation Planning in Reducing
GHG," a PowerPoint presentation on HB 697 from DCA Secretary Tom Pelham, Esq., AICP.
This helps to explain the rationale for the legislation and what DCA expects in reviewing GMP
amendments.
I. Introduction: The Problem
A. About 36% of carbon dioxide emissions in Florida are produced by the
Transportation Sector.
B. Of these emissions, about 83% come from vehicular travel.
C. A key factor is the extent of the vehicle miles traveled (VMT).
D. DOT projects that by 2050 VMT will increase 173% based on current trends.
E. We must reduce VMT in order to reduce GHG from the Transportation Sector.
F. Local Land Use and Transportation Planning will play a critical role in reducing
VMT.
II. HB 697: Enhanced Local Planning to Reduce VMT and GHG
A. HB 697 Amended Ch. 163, F.S., to Establish New Local Planning Requirements.
B. Future Land Use Element — based on data and studies that demonstrate:
1. Discouragement of urban sprawl;
2. Energy efficient land use patterns that account for existing and future electric
power generation and transmission systems;
3. Greenhouse gas reduction strategies.
III. When Must Governments Comply with the New Requirements?
A. The New Requirements Went into Effect on July 1, 2008, when HB 697 Became
Law.
B. DCA will apply the New Requirements to Plan Amendments Transmitted After July
1, 2008, for ORC Review as follows:
1. FLUM Amendments must be Supported by Data and Analysis Relating to
Urban Sprawl, Energy Efficient Land Use Patterns and GHG Reduction
Strategies.
2. FLUE Text Amendments with Significant Potential to Impact Development
Patterns Must Comply with the New Data and Analysis Requirements.
3. Major Textual Amendments to Transportation/Traffic Elements and Large
FLUM Amendments must Address new GHG Reduction Requirements.
C. Local Governments must comply with all New Requirements NO Later Than DUE
DATE of EAR -Based Amendments.
18
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Iter l
IV. What Major Planning Strategies Can Local Governments Use to Reduce VMT and
GHG?
[a list was provided of a dozen resources]
V. This literature discusses transportation and land use planning strategies to
reduce VMT and GHG.
A. Planning for Fewer and Shorter Automobile Trips (Getting People Out of Their
Cars).
B. Planning for Alternative Modes of Travel — Walking, bicycling and transit.
C. Planning for More Compact Mixed -Use Development
1. A mix of residential, commercial, and recreational uses in close proximity to
Employment Centers.
2. Encourages Walking and Bicycling.
3. Supports Transit.
4. Reduces Number and Length of Automobile Trips.
D. Planning for Higher Densities in Appropriate Places
1. Higher Density Development has Smaller Carbon Footprint.
2. A Blended Average Density of 7 units /acre is Sufficient.
3. Transit - Oriented Development — Cluster Higher Density Around Transit Stops.
Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it would
reduce greenhouse gas emissions. The proposed Plan includes Objectives and Policies that
address this State requirement (pages 84 and 85 of the Data and Analysis section):
While it is anticipated that Collier County will amend the Growth Management Plan to comply with
HB 697 on a countywide basis, the Immokalee Area Master Plan has incorporated language within
these Immokalee - specific amendments to address the energy efficiency issues. Specifically, the
following Goals, Objectives and Policies comply with HB 697 in the following manner:
Reducing the number and length of automobile trips (VMT):
Objective 2.2, and its related policies, seeks to diverse the local economy and increase employment
opportunities within the Immokalee Urban Area, thereby lowering the need to travel greater
distances for work or services. Objective 4.2 addresses vehicular and non - vehicular transportation
options and specifically references the need to reduce greenhouse gas emissions and minimize energy
consumption. Policies 4.2.6 and 4.2.7 discuss the need to improve and expand public transit options
in Immokalee. Policy 4.2.8 seeks to evaluate whether a Transportation Concurrency Exception Area
is appropriate for Immokalee. Policy 6.1.5 specifically states that compact mixed -use development
patterns are encouraged to create walkable communities, reduce vehicle miles traveled and increase
energy efficiency.
Promoting alternative modes of transportation:
Objective 4.2 addresses non - vehicular transportation options and specifically references the need to
reduce greenhouse gas emissions and minimize energy consumption. Policy 4.2.2 references the
Bicycle and Pedestrian Plan and Policy 4.2.5 recognizes the need to improve safety for pedestrians
and bicycles. Policies 4.2.6 and 4.2.7 discuss the need to improve and expand public transit options
in Immokalee. Objective 7.1 recognizes the need for Immokalee - specific land development
regulations that will encourage pedestrian friendly urban form and promote energy efficiency. Policy
7.1.2 encourages new community facilities to be within a half -mile of residential and mixed use
centers to encourage walking, bicycling and non - vehicular travel.
Allowing for compact mixed -use development patterns:
Goal 6, and its related Objectives and Policies, pertain to land use and specifically reference
allowing and encouraging a mixture of uses. Objective 6.1 references the need to coordinate the
we
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Ite�
Future Land Use Map that encourages desirable growth and energy efficient development patterns.
Policy 6.1.5 specifically states that the Immokalee area encourages compact mixed -use development
patterns to create walkable communities, reduce vehicle miles traveled and increase energy
efficiency. Policy 4.1.2 encourages future parks to be located in the most densely populated areas,
and recognizes the need for public plazas, greens and urban parks to make Immokalee more
pedestrian friendly. Objective 7. 1, and its related policies, recognizes the need for Immokalee - specific
land development regulations that will encourage pedestrian friendly urban form and promote energy
efficiency. Policy 7.1.2 recognizes that new community facilities should be within walking distance to
mixed use and residential centers. Policies 7.1.2, 7.1.3 and 7.1.4 all relate to compact, mixed -use,
urban design criteria. The Urban -Mixed Use district allows for commercial development within the
Residential Subdistricts, as described in the Land Use Designation Description section. Density
bonuses are also allowed for projects that are proximate to Commercial Uses.
Allowing for higher densities in appropriate places, which reduces the per capita carbon footprint,
supports transit and reduces sprawl.
Policy 7.1.5 also encourages high intensity development in Immokalee through the development of a
Central Business District overlay subdistrict in the Land Development Code. The Urban -Mixed Use
district and subdistricts, as referenced in the Land Use Designation Description section, allow for
higher residential densities. The base residential densities range from four (4) units per acre for Low
Residential (LR) subdistrict to ten (10) dwelling units per acre in High Residential (HR) and sixteen
(16) in the Commercial -Mixed Use subdistricts. Density bonuses are also allowed for projects that
are proximate to Commercial Uses or in infill areas, as well as for providing affordable - workforce
housing.
Based upon the petitioner's information provided, staff is able to conclude that the Plan would
likely reduce vehicle trips traveled by providing for efficient land use patterns and transportation
strategies geared to address greenhouse gas reductions, energy conservation, and energy
efficient housing.
Comprehensive Planning Policy Analysis:
Two issues remain pertaining to provisions for mobile homes. Both HR and C -MU allow mobile
homes per policies 6.1.7 and 8. Both HR and C -MU contain VR zoning which allows mobile
home development either as part of a mobile home park or mobile home subdivision or as a
single unit on a freestanding parcel (i.e. not in a park or subdivision).
• Issue #1: Pol. 6.1.7 does NOT allow new mobile home parks or subdivisions in HR or C-
MU (only LR and MR) yet some properties in HR and C -MU are zoned VR which DOES
allow new mobile home parks and subdivisions.
• Issue #2: Pol. 6.1.7 does NOT allow freestanding mobile homes, and policy 6.1.8 only
allows existing freestanding mobile homes, yet there are parcels zoned VR in HR and C-
MU that could be developed with a freestanding mobile home.
Staff and the applicant have discussed these two issues and are in agreement that Policies
6.1.7 and 6.1.8 should be revised to allow development of mobile homes, as allowed by the
LDC, until such time that the LDC is amended to include restrictions to mobile home
development within certain zoning districts. These revisions will be presented at the CCPC
hearing.
Staff has identified three changes needed to the proposed TAMP. First, Policy 6.1.9 needs
formatting edits to eliminate double underline and double strike - through. Second, Map 1 -2
properly identifies the proposed expansion area east of the Immokalee Airport, however this
same revision is needed for all maps. Third, references to "Capital Improvement Plan" needs to
be removed from Policies 4.1.3 and 4.1.4. All three of these changes have been discussed with
the petitioner.
20
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Ite 16
The proposed Immokalee Regional Airport expansion to add +103 acres presently within the
Agricultural /Rural Designation and within the Rural Lands Stewardship Area Overlay (RLSA),
both as designated on the Future Land Use Map and Map series in the Future Land Use
Element (FLUE), necessitates amendments to those maps to remove the +103 acres and may
necessitate correlating text changes in the FLUE. This expansion was not part of the original
petition submittal, rather occurred during the sufficiency review process. The agent for this
petition is not the agent for the Immokalee Regional Airport which required additional
coordination efforts by this petition agent and possibly payment for services. Based on these
considerations, staff has agreed with petitioner that the petitioner may address the necessary
FLUM /FLUE revisions at time of adoption.
For lands proposed to be re- designated to I -MU, presently designated CC -I Subdistrict and
located to the south and southwest of the existing Industrial Subdistrict, staff has no concerns
as the I -MU Subdistrict allows many, but not all, of the same uses allowed in the CC -1
Subdistrict.
Transportation Planning Section Comments:
(Provided by John Podczerwinsky, Project Manager, Transportation Planning)
The Transportation Planning staff has reviewed the amendment to the IAMP and recommends
transmittal of this petition by the CCPC and BCC.
Environmental Services Section Comments:
(Provided by Laura Gibson, CAD Technician, Technology and GIS Support)
The Environmental Services staff has reviewed the amendment to the IAMP and recommends
transmittal of this petition by the CCPC and BCC.
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMENDATION:
The EAC heard this petition at their January 6, 2010 meeting and unanimously recommended
(3 -0) to forward the subject amendment, CP- 2008 -5, Immokalee Area Master Plan, to the BCC
with a recommendation to transmit to the Florida Department of Community Affairs subject to:
Standardize the Lake Trafford Camp Keais Strand System (LTCKSS) Overlay
terminology throughout the document.
2. Allow any lands within the LTCKSS to qualify for density intensity blending.
3. Prohibit density increases within the LTCKSS Overlay.
4. Allow wetlands within the LTCKSS that are restored to high quality wetlands to qualify for
density intensity blending.
5. Prohibit retroactive LTCKSS development applications.
6. Remove the Greenfield Designation.
7. Policy 4.1.1 - Postpone the TDR adoption process for a period of 2 years to determine its
feasibility and if a Growth Management Plan amendment is required.
21
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment Agenda IterryOA
Cl
_8. Clarify Policies on how lands will be designated for "Conservation. " - -
9. Separate the Mitigation Bank Policy into Public and Private designations.
10. Policy 6.1.7 to read — "Within two (2) years of adoption of the Policy, Collier County shall
amend the Land Development Code to provide for a deviation process from the current
native vegetation retention standards set forth in the CCME Policy 6.1.1 for
developments within the Immokalee Urban Area. This deviation process shall be
consistent with provisions set forth in CCME Policy 6.1.1(10). "
11. Goal #4 — expand language to include listed species for upland and scrub jay habitat
within the Immokalee Urban Area.
12. Provide a data analysis on how the Immokalee Sewer and Water District intends to meet
the demands of future development.
13. Policy 4.1.2 line 1 — from "Recognizing the importance of Lake Trafford to potential
ecotourism..." To "Recognizing the importance of Lake Trafford and the surrounding
wetlands and natural habitat to the ecosystem, economy and ecotourism..."
Policy 4.1.2 - line 4 -5 from - "Within 2 years of the adoption of the Policy, the County in
conjunction with the Immokalee Community Redevelopment Agency will amend the ..."
to "Within 2 years of the adoption of this Policy, the County in conjunction with the
Immokalee Community Redevelopment Agency and any applicable State or Federal
Agencies will amend the ..."
14. Policy 4.1.3 line 1 — from "Collier County will continue to cooperate with agencies on
remediation efforts at Lake Trafford..." to "Collier County will continue to cooperate with
agencies on remediation, restoration and continuing long term management efforts at
Lake Trafford..."
FINDINGS AND CONCLUSIONS:
Prioritization of capital projects, programs, studies, and any other commitments within
the proposed plan that are necessary to further the proposed Goals, Objectives and
Policies in the TAMP, will be evaluated by the BCC on an annual basis based on
available funding and resources.
2. Supporting data and analysis for the proposed increase in density and intensity, and the
potential impact that such changes in density and intensity could have on the demand
for future public facilities, are justified by the premise that the primary intent of the
proposed amendments to the IAMP is to promote economic and community
development in Immokalee.
3. Potential impacts on demand for public facilities can be incorporated within future
updates to the County's population projections, and the resulting increases, if any, could
be incorporated within the County's Capital Improvement Element (CIE) and Schedule of
Capital Improvements.
22
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Iterty�P
/4
4. Proposed increase in density and intensity is meant to guide how development is to
occur in Immokalee, and because no specific development is proposed with the Plan,
future demand on public facilities to serve the needs of the current population projections
remains as currently reflected in the GMP through the adopted Levels of Service
Standards (LOSS) and Schedule of Capital Improvements.
5. The proposed IAMP intends to implement the Immokalee community's vision, as
approved by the IMPVC, by promoting economic development and efficient delivery of
services through greater density and intensity that encourage dense, clustered
development; incorporating smart growth principles; and by providing greater
development flexibility through mixed -use Subdistricts.
6. Impacts to the demand on public facilities due to proposed changes in density and
intensity is justified with data and analysis that asserts that the proposed changes to the
IAMP will not affect population projections, and therefore, will have no impact on
projected demand for water and sewer facilities.
7. Assessment of need for the proposed changes in density and intensity in the proposed
TAMP, as required by Florida Statute, is justified by factors such as suitability of the
property for change, locational criteria, and community desires; as well as the need for
job creation, capital investment, and the necessity to strengthen the local economy.
8. Existing policies in the CCME remain in effect. The applicant has demonstrated that
although the land use designations are proposed to be changed, that essentially the
same amount of native vegetation will be preserved. In addition, at their January 6, 2010
hearing on this petition, the EAC recommended that no increase of density within the
LT /CKSSO be allowed.
9. The Plan would likely reduce vehicle trips traveled by providing for efficient land use
patterns and transportation strategies geared to address greenhouse gas reductions,
energy conservation, and energy efficient housing.
10. Programmatic and fiscal commitments in regard to Transportation are supported by
Transportation staff because Goal 1 allows for the prioritization and extension of the
timeframes allocated to fulfill the commitments within the proposed TAMP, subject to
BCC consideration of available funding and /or operational constraints.
11. The data and analysis provided with the plan support and justify the revised regulatory
framework or the location and size of the proposed Immokalee FLUM.
12. The proposed increase in density and intensity of the proposed Plan will likely alter the
existing character of Immokalee.
13. The amendments to the IAMP are necessary to achieve the vision of promoting
economic development.
14. Pol. 6.1.6 does not allow new mobile home parks or subdivisions in HR or C -MU (only
LR and MR), yet some properties in HR and C -MU are zoned VR which does allow new
mobile home parks and subdivisions.
15. Pol. 6.1.6 does not allow freestanding mobile homes, and pol. 6.1.7 only allows existing
freestanding mobile homes, yet there are parcels zoned VR in HR and C -MU that could
be developed with a freestanding mobile home.
23
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Ite5w
L?
Conclusion:
Staff acknowledges the various designations on and within the Immokalee community (Rural
Area of Critical Economic Concern, Empowerment Zone, Enterprise Zone, etc.) that are
indicative of the conditions therein, and supports the CRA's desire, need and vision to promote
economic development in Immokalee. The correlation between the amendments and the
promotion of economic development is clear and obvious, such as Goal 7, Objective 7.1 and
Policy 7.1.1 — less stringent design and development standards translates into lower
development costs. In addition, the changes in density and intensity are necessary to
implement the Immokalee community's vision, as approved by the IMPVC, by promoting
economic development and efficient delivery of services through greater density and intensity
that encourage dense, clustered development; incorporating smart growth principles; and by
providing greater development flexibility through mixed -use Subdistricts.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CP-
2008-5 to the Board of Collier County Commissioners with a recommendation to transmit this
petition to the Florida Department of Community Affairs, subject to:
1. Resolution of issues pertaining to Policies 6.1.7 and 6.1.8, as identified herein;
2. Minor edits to Policy 6.1.9, as identified herein;
3. Map revisions to identify proposed expansion of ±103 acres; and
4. Removal of "Capital Improvement Plan" reference in Policies 4.1.3 and 4.1.4.
24
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
Agenda Item Cis
PREPARED BY:
DATE: .5-5. 2-010
9AROLIXA VALERA, PRINCIPAL PLANNER
ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES DEPARTMENT
REVIEWED BY:
�✓W -�— DATE: _
DAVID WEEKS, AICP, GMP MANAGER
ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES DEPARTMENT
REVIEWED BY:
DATE:
MIKE BOSI, AICP, COMPREHENSIVE PLANNING MANAGER
ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES DEPARTMENT
APPROVED BY:
S- P- /o
DATE: o 15 . c 8 - ,?-o( 0
`LIAM LORENZ, E, DIRECTOR
ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES DEPARTMENT
APPROVED BY:
NICK CASALANGUIDA, UTY A INISTRATOR
GROWTH MANAGEMENT DIVISION
PETITION NO.: CP- 2008 -5
Staff Report for the February 16, 2010 CCPC Meeting.
NOTE: This petition has been scheduled for the May 4, 2010 BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK STRAIN, CHAIRMAN
DATE:
DATE:
CP- 2008 -5 CCPC Staff Report TH
G:IComprehensiv6COMP. PLANNING GMP DATAIComp. Plan AmendmentQ001.2008 Combined Cycle PetitioW 2008 Cycle Petitions0- 2008 -5 lmmokalee Area Master Plan
25
CP- 2008 -5 Immokalee Area Master Plan GMP Amendment
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26
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
PROPOSING AMENDMENTS TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS
AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE
AREA MASTER PLAN, INCLUDING THE IMMOKALEE
AREA MASTER PLAN FUTURE LAND USE MAP, AND
FURTHERMORE TRANSMITTING THESE AMENDMENTS
TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., Florida Statutes, 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 Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Collier County has prepared plan amendments to the following element of
its Growth Management Plan:
Immokalee Area Master Plan, including the Immokalee Area Master Plan Future Land
Use Map, and
WHEREAS, the Collier County Planning Commission has considered the proposed
amendments to the Growth Management Plan pursuant to the authority granted to it by Section
163.3174, Florida Statutes, and has made recommendations on said amendments to the Board of
County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
amendments, various State agencies and the Department of Community Affairs (DCA) have
Words underlined are additions; Words stFuGk t#rGugh are deletions
sixty (60) days to review the proposed amendment and DCA must transmit, in writing, to Collier
County, its comments along with any objections and any recommendations for modification,
within said sixty (60) days pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, Collier County, upon receipt of the written comments from DCA must
adopt, adopt with changes or not adopt the proposed Growth Management Plan amendments,
within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted
Growth Management Plan amendments, must review and determine if the Plan amendments are
in compliance with the Local Government Comprehensive Planning and Land Development Act
of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5,
Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes.
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 amendments, attached hereto as Exhibit A and incorporated by reference herein, for the
purpose of transmittal to the Department of Community Affairs thereby initiating the required
State evaluation of the Growth Management Plan amendments, prior to final adoption and State
determination of compliance with the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 and Rule 9J -5, Florida Administrative Code, Minimum
Criteria for Review of Local Government Comprehensive Plans and Determination of
Compliance.
THIS RESOLUTION ADOPTED after motion, second and majority vote this day
of , 2010.
Words underlined are additions; Words sib are deletions 2
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legal sufficiency:
OTP
Heidi Ashton - Cicko, Assistant County Attorney
Land Use Section Chief
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Words underlined are additions; Words stru k through are deletions
N
t0
H
Ln
I
L�
r
ATTACHMENT TO EXHIBIT "A"
R 28 E R 29 E
EXISTING FLUM MAP PROPOSED TO BE DELETED I M M O K A l E E FUTURE LAND USE MAP
IMMOIEAUE FUTURE LARO USE YAP
ADOPTED - FEBRUARY, 1991
AMENDED - MAY. 1992
AMENDED - OCTOBER, 1997
AMENDED - OCTOBER, 2000
AMENDED - NAY. 2002
(ORDNANCE W. 2002 -25)
M.IENDEO - JANUARY 25. 200J
( ORDNANCE NO. 2Ep] -2Dj
,- -NEW MARKET ROAD
1
SCALE
-- 0 1000 FT. 5000 FT.
�9
i
PREPARED BY: GIS /CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENMRONME
DATE: 1/10 FILE: CP- 2008- 5A.DWG ,
PETITION CP- 2008 -5
R 30 E
C.B. 848 _
LEGEND
URBAN DESIGNATION
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ATTACHMENT TO EXHIBIT "A"
PROPOSED FLUM MAP IMMOKALEE FUTURE LAND USE MAP
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PETITION CP- 2008 -5
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AGENDA ITEM TITLE: " /C�L�N'lCl�� 1�jf/
PLACE COMPLETED FORM ON THE TABLE
PLEASE PRINT CLEARLY
N114
AGENDA ITEM NUMBER
/I __ LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: ,- cG l.4 040�< ✓cl/
ADDRESS:
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REPRESENTING: PETITIONER:
OTHER: �e(I y"� 4 ( S SSO� /`Z��° S'
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
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AGENDA ITEM TITLE: �� <�- `= ��.:.�,�.,.,.z, -�-� AGENDA ITEM NUMBER : J!r
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: '�� �cy-i c �-k. ' • 1 L ADDRESS:
REPRESENTING: PETITIONER: �'s� '��'� }� �G �^r`^ti�r�•� OTHER:
e
COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL,
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.