Agenda 10/20/1999 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, October 20, 1999
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
'COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 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.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO
THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 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.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRWOMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS 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 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR
THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
i
October 20, 1999
PLEDGE OF ALLEGIANCE
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING 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, AS DIRECTED BY THE ADMINISTRATION
COMMISSION PURSUANT TO ITS FINAL ORDER OF JUNE 22, 1999 IN CASE
NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM) MORE SPECIFICALLY
AMENDING THE FOLLOWING; ARTICLE 2, ZONING, DIVISION 2.2
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF
PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS
FOR CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY
THE FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT
ON JUNE 22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND
DEVELOPMENT CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22,
1999, FOR A MAXIMUM THREE (3) YEAR PERIOD IN THE RURAL AND
AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND
RELATED MAP AND SECTION 2.2.31, DECLARATION OF PARTIAL
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR ANY
LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY RELATED USES
AND ONE SINGLE FAMILY DWELLING UNIT PER PARCEL OR LOT
CREATED PRIOR TO JUNE 22, 1999 IN THE NATURAL RESOURCE
PROTECTION AREAS (NRPAS), FOR A MAXIMUM THREE (3) YEAR
PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
3. ADJOURN.
2
October 20, 1999
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING 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, AS DIRECTED BY
THE ADMINISTRATION COMMISSION PURSUANT TO ITS FINAL ORDER OF
JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM) MORE
SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF
PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS
FOR CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY THE
FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT ON JUNE
22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND DEVELOPMENT
CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999, FOR A
MAXIMUM THREE (3) YEAR PERIOD IN THE RURAL AND AGRICULTURAL
ASSESSMENT AREA, EXEMPTIONS THEREFROM AND RELATED MAP AND
SECTION 2.2.31, DECLARATION OF PARTIAL MORATORIUM ON THE
ISSUANCE OF DEVELOPMENT ORDERS FOR ANY LAND USES EXCEPT FOR
AGRICULTURE AND DIRECTLY RELATED USES AND ONE SINGLE FAMILY
DWELLING UNIT PER PARCEL OR LOT CREATED PRIOR TO JUNE 22, 1999 IN
THE NATURAL RESOURCE PROTECTION AREAS (NRPAS), FOR A MAXIMUM
THREE (3) YEAR PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE.
OBJECTIVE: TO adopt this LDC amendment as required by the Final Order.
CONSIDERATION: This LDC amendment is necessitated by the conditions of the Final
Order and follows the Board of County Commissioners approval of Comprehensive Plan
Amendments adopting the interim land use restrictions and partial moratorium in the Rural
Agricultural Assessment Area, including Natural Resource Protection Areas (NRPAs).
Should the Board adopt Comprehensive Plan amendments addressing the matters identified in
the Final Order for all or part of the assessment area and NRPAs prior to June 22, 2001, it will
again be necessary for staff to amend the LDC to remove the interim restrictions and partial
moratorium on those portions of the Rural Agricultural Assessment Area and NRPAS for
which the Comprehensive Plans have been adopted. The BCC has scheduled public heatings
to consider these LDC amendments on October 20, 1999 and November 3, 1999.
NAo.GEN~A ITEM
1999
FISCAL IMPACT: Approval of these interim development regulations will have no fiscal
impact on the County, but may have an impact on property owners who are unable to proceed
with development of restricted uses during the assessment period.
STAFF RECOMMENDATIONS: Staff recommends that the Board of County
Commissioners approve these LDC amendments.
PREPARED BY:
PLANNING SERVICES DIRECTOR
/ o
DATE
~ORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
DATE
APP VED BY:
~I~I'~E~T X. ~AUTERO, DA~E
CO~TY DEVELOPME~ & E~O~E~ SERVICES ~M~ST~TOR
DAV~ C. WEIGEL o DAT~
CO~TY ATTO~Y
AGENDA ITEM
OCT 2 0
pg. 3
2
MEMORANDUbl
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COM2vIUNITY DEVELOPMENT SERVICES DMSION
SEPTEMBER 15, 1999
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE
LRqINCORPOKATED 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, AS DIRECTED BY THE ADMINISTRATION
COMMISSION PURSUANT TO ITS FINAL ORDER OF JUNE 22, 1999 IN
CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM) MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DMSION 2.2 ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF PARTIAL
MORATORRTM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR
CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY THE
FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT ON
JUNE 22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND
DEVELOPMENT CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22,
1999, FOR A MAXI3/IUM THREE (3) YEAR PERIOD IN THE RURAL AND
AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND
RELATED MAP~ AND SECTION 2.2.31, DECLARATION OF PARTIAL
MORATO~ ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR ANY
LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY RELATED USES
AND ONE SINGLE FAMILY DWELLING UNIT PER PARCEL OR LOT
CREATED PRIOR TO JUNE .22, 1999 IN THE NATURAL RESOURCE
PROTECTION AREAS (NRPAS), FOR A MAXIMUM THREE (3) YEAR
PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE·
CONSIDERATIONS: This LDC amendment is r~luired by the Final Order and follows the Board
of County Commissioners approval of Comprehensive Plan Amendments adopting the interim land use
restrictions and partial moratorium in the Rural Agricultural Assessment Area, including Natural
Resource Protection Areas (NRPAs). Should the Board adopt Comprehensive Plan amendments
addressing the matters identified in the Final Order for all or part of the assessment area and NRPAs prior
to lune 22, 2001, it will again be necessary for staff to amend the LDC to remove the interim restrictions
and partial moratorium on those portions of the Rural Agricultural Assessment Area and NRPAS for
which the Comprehensive Plans have been adopted. The BCC has scheduled public hearings to consider
these LDC amendments on October 20, 1999 and November 3, 1999. ' ..AGENI~ ITEM
De~._ (7/
GROWTH MANAGEMENT PLAN IMPACTS: These amendments are made necessary as a result of
a finding of noncompliance by thc DCA, which ultimately resulted in an administrative hearing and Final
order issued by the Governor and Cabinet sitting as the Administration COmmission. These amendments
are consistent with GMP amendments required b y the Final Order.
PREPARED BY:
PLANNING SERVICES DIRECTOR
DATE
ASSISTANT COUNTY ATTORNEY
D - ~'-- ~ ~
DATE
~. ~'~UTERO, D,~FE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
COUNTY ATTORNEY
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL $. BRUET, CHAIRMAN
DATE
-2-
AGEND~I ITEM
'No, ~
ORDINANCE NO. 99-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-1~ ~
~ED, ~ COLLAR CO~ ~ DE~LOP~ COD~
~ ~~ ~ CO~~NS~ ~G ~G~ONS
~R ~ ~CO~~D ~A OF COLLAR CO~, ~O~
BY PROLOG ~ SE~ON O~ ~~; SE~ON ~O,
~GS OF FA~; SE~ON ~ ~ON OF ~~
TO ~ ~ DE~LOP~ COD~ ~ D~D BY ~
~~~ON CO--ION P~U~ TO ~ ~ O~ OF
~ 22, l~ ~ C~E NO. ACC ~ ~ C~E NO. 9~ G~
MO~ SPE~C~LY ~~G ~ ~LLO~G: ~~ ~
~G, D~ION ~ ~G D~~ PE~D US~
CO~ON~ US~ D~NSION~ ~~S TO ~D SE~ON
2J~0 DE~~ON OF P~ MO~TO~ ON ~ ~U~
OF .DE~LOP~ O~E~ ~R ~RT~ PE~ ~
CO~ON~ US~ PE~D BY ~ ~ ~ USE
ELE~ ~ ff E~D ~ W~ ~ E~ ON ~ 2~ l~ ~
~ SET ~R~ ~ SE~ON 2.2~ OF ~ ~ DE~LOP~ CODE
~ ff ~S~D ~ W~ ~ E~ ON ~ 22, l~, ~R A
~ ~E (3) ~ PE~OD ~ ~ R~ ~
AG~~ ~~ ~ ~~ONS ~~OM ~
~~D ~ ~ SE~ON 2~1, DE~~ON OF P~
MO~TO~ ON ~ ~U~ OF DE~LOP~ O~E~ ~R
~ ~ US~ ~ ~R AG~~ ~ D~Y
~LA~D US~ ~ O~ S~G~ F~Y D~G ~ PER
P~L OR LOT ~A~D P~OR TO ~ 22~ 1~ ~ ~ NA~
~SO~ PROLCON ~ ~~ FOR A ~ ~E
(3) ~ PE~OD, ~~ONS ~~OM ~ ~D ~
SE~ON ~ CO~I~ ~ SE~~; SE~ON ~
~USION ~ ~. ~ DE~LOP~ CODE; ~ SE~ON S~
E~~ DA~.
Recitals to go in ~ September 14, 1999 meeting.
SECTION ONE: RECITALS
The foregoing recitals ~r~ u'u~ m~d correct ~ incorporated by mfe~nce he.-in as if fully
set forth.
SECTION TWO: FI]VDINGS OF FACT
Collier County, pursuam to Section 163.3161 er ~eq.. Flor~iaStatute4. th~Florid~Local
Government Comprcheasiv¢ Planning and Land Development _Regulation Act
(h~ "the Act") is r~uireci to pr~-par~ and adopt a ~mprehensive plan.
2. Section 163.3201. FTc~-~c~ ~es. provictes that is the intent of the Act that the adoption
and enforcen~nt by Collier County of land development mgulatiom for the total
unin~ ar~a ~ be based on. be relatecl to, and be a means of implementation of
the adopted enmpr~d~nsive plan as r~luired by the Act.
3. Section t63.3194(IXG), ,sTo~a ~n~e~. requi~ that all land d~,velopa~nt t~ula~ms
enacted or aznencled by Collier County sba~ be consistent with the adope0d
c~ml~ebm~,e plun, or elmm~t or potion U~en~o£
On January 10, t989, Collier County adopted the Collier County Growth Management
Plan or "GMP" as its comprehensive plan pursuant to the requirements of Section
163.3161 ef ~., F/o~ $~n~ and Rule 9I-5 of the Florida Administrative Code.
~t to Section 163.3191, ,C'/o~'E~ ,.~amz~. local governments are r~lulred to prepare
and adopt the first periodic Evnluation and Appraisal Report Cn~er "EAR") within
seven years of the adoption of their respective compr~h.ensive plans.
Put,suant to Secti°n 163.3191(4), ~'lo~ ,~,m~, local governments must ndopt EAR-
based amendments to their r~sl~x:tive comprehensive plans within one year of adoption
of the EAR.
On April 6, 1996 Collier County adopted its EAR which was found sufficient by the
Southwest Florida Regional Plnnnlng Council pursuant to a Delegation of Authority
Agr~ctnent with the Depamnent of Community Affairs (hereinafter "DCA").
On October 27, 1997, Collier County adopted the EAR-bssed amendments to its GMP
which amendments were sent to thc DCA for its review to determine compliance with the
Act and Rule 9J-$.
On December 24, 1997, DCA is.sued its Notice of Intent finding certain of the EAR-based
amendments not in compliance.
The EAR-based amendments found not in compliance are: the Future Land Use Element
including the Future Land Use Map; the Drainage and Natural Groundwater Aquifer
Rech,~rge Subelements of the Public Facilities Element; the Intergovernmental
Coordination Element; the Conservalion and Coastal Management Element; the Housing
Element; and the Golden Gate Area Master Plan Element.
Pursuant to Section 163.3184(10), Flor~l~ ,~n~r~. the DCA petitioned the Division of
A,4mlni~'~tive Heatings for an Administrative hearing to dete3Tnine whether or not the
referanced EAR-based amendments wer~ in compliance with thc Act and Rule 9~-5.
An administrative hearing was held in Collier County tom May 4 through IVlsy 8, 1999
before and administrative law judge.
On Ma~.h tg, 1999, the admini~ve law judge issued a reco~ onter finding
that ati of the refe~nced EAR-ba.~xi smendments found not in r.,:,~ by the DCA
wer~ not in compliance, ' A~3ENDA. ITEM'
OCl 2 0 1999
Pg. ,
!o.
il.
12.
13.
14.
15.
16.
17.
iS.
19.
20.
21.
23.
24.
On May of 1999, the case was transmitted to the Governor and Camn~t fitting aa the
Adminisuation Co--oil pursuant to Section 163.3184(11), Florida Statute.
On June 22, 1999, the Administration Commissio~ pursuant to Section 163.3184(11),
Flor~ln ,~, issued its Fhtal Order finding the r~ferenced EAR-based amendments
not in compliance and pr~ribin$ r~nedial actions nece~ary to bring those amendments
Paragraph II of the Final Order r~luir~s Collier County to perform an assessment of the
Estates iljustrated on the Futu~ Land Use Map of the GI~[P.
Included in the Agriculture/Rural Assessment Area a:~ the Big Cypress Ar~ of Critical
State Concern, ar~s designated Conservation on the Futu~ Land Use Map ~
designated Agzicul~ on the Futu~ Land Use Map and South Goklcn Crate
This As.seasment is to be conducted and completed within a maximum of time ye~s
~rom the date of thc Final Order, or June 22, 2002.
The Assessment may be conducted in phases ~xi any liven phase may be completed t an
earlier point in time than the three-year timeframe.
Paragraph fl of the Final Order also requires Collier County to determl-e and map
preliminary boundaries for Natural Resource Protection Ar~as (her¢inafla' NRPAs) as a
pan of ~his A.s,~asment.
These NRPAs include. Camp Keis Strand, CREW Lands, Okaloachoochee Slough, Belle
Me,cie and South Golden Crate Estates.
The Assessment oF the NRPAs is For the purpose of more precisely d~flnlng lJ~ NRPA
botmdaries and to develop land development r~gulations which would permit limited
development while pmtectin$ the environmental resom~.es within e~ch NRPA.
Ssld NRPA sttidy mttst b~ ~olxhlcled and within a lll,~,i~ulll of thr~ years flx~m th~ dalte
of th~ Final Order or comple~d no later than June 22, 2002.
The NRPA Study. aa · p~t of the assessmen~ may be condo-ted in phases and shy given
Z, 1999
,_?_ ,
25. Dur~g the ~ three-year study period, Paragraph Fl of the Final Order impot, es
llmitatiot~ upon the types of land use~ that ate permitted in the Agziculture/Rurai
Assessment Area.
26. Paragraph 11 of the Final Order places llmitatiol~ upon thc types of laad uses pen~tted
within the NI~A~ duriag the interim three-year study period.
2'/. C)~ September 14, 1999, Collier County adopted amemtme~cs to its Glv[P pursuant to the
Filial Order which ~mendmenL~ limit the type~ of ~ ~ that are po'l~i~ within thc
Agricultural/Rural Assessment Area and thc NRPAs for a maximum of the three yeats or
until June 22, 2002 or aa earlier time should the Assessment or any phase thereof be
completed ~ooner.
28. Said Interim Ameodments have beea transmitted to thc DCA and ~re under review in
order to det~...ir~e their consiatem:y with the Fi~l Order.
29. Pu~'uaat to thc "Schedule for Remedial and Interim Plan Amendments" of thc Fi~l
30.
Order, Collier County must adopt implementing land development tegulation~ by
November 14, 1999.
The partial momotium as to certain ~ of [and uses permitted within the
Agricultum~ural Assessment Area and the NRPA~ as outlined by the Final Order is
necessary and appropriate so that Collier County can gather the necesury information
and data, analyze same and provide for broad-based public input leading to the adoption
of araendments to the GM~ which will serve to regulate land ~ in the
AgricultureJRtuai ~ent Area including the HRPAs to conserve aaci appropriately
protect zmtural resources aad agricultural
SECTION Tlila~.~.: ADOISTION OF AMeNDMeNTS - TO LAND
DEVELOPMENT CODE
Division 2.2., Zoning Districts, Pem~itted Use~ Cotsclitioaal Uses. Dimensionai
Staadat~ of Oniimm~ 91-102, as amemted, The Collier County Laad Development Code,
Hereby amended to add ne~ Sections 2.2.30 ami 2.2.31, re~ectively, to read as foUows:
SUBSECTION 3.A AMeNDMeNTS TO ZONING DISTRICTS, PERMrlTI~D USES,
CONOmONAL US~,S, DKM/JqSIONAL STAN1)AILS DIVISION
ADDING DECLARTION OF PARTIAL MORATORIUM,
EX~ONS TII~IrROM AND ~ I~OR RURAL AND
sm 2.2.1o
2 0 1999
2.2.30.1
2.2.30.2
2.2.30.3
Duration. For a _n~iod not to exceed thr~ f3~ wears from the date 0f the
Fi~d Order otthe Admini.nla'ation Commi~nion in Caa~ No. 99-02 (IX}AH
Ca~ No. 98-0324 GM)_ or June 22. 2002. certain land u~a aa act forth in
Subaection 2.2.30.3 of this code are prohibited.
If the Coun_tV elects to address a .specific _~eogx~_,_hi¢ portion of the
assessment area as a phase of the aa.~ssment_ the restrictions on
development of SubsectiOn 2.2.30.3 shall be lifted from such _s~eci6e
geo_~rap_hic area upon COmpletion of the .applicable phase of the
assee_~nent and the in~. lementin_~ g~ow'~h mana~_ement p[a~ amenclmc-.~t~
for th~ ph~ become effective.
Creo?a_ohic ~co.tm o_t' rural and a_er~cultural a~x~nent area. The
assignment area generally includes thos~ ar~aa located east of Coun_ty
R~ad 951 and South of US 41 and desi_m~ated ~ "Am, icuiture."
"Cona~vation_' "Bi_e C.vpr~a Area of Critical State Co~" and '*South
Golden Crate Estates" on the County_ 's Futm~ Land Un M~_ 9fita C-mw~
Management Plan as it existed and w~s in effect on June 22. 1999,
Prohibited U~. The foUowing uses are hereby prohibited for a
maximum three year .r~,~iod while the rural and _a~icultural area
1. New _~olf courses or driving ranges.
Emension or new provision of central water and sewet service into
3. New package wastewater treatment plants.
Residential development except farmworket honsin_e or housing
direc:tl? related to support farmin_e opetations, or smflr housin_e (12
du/a~re_l and other uses directly related to the m~na_eetnent of
publicly-owned land. ot one sine_lc f~rnil_v dwellln_e unit _net lot or
parcel created prior to June 22. 1999.
Commercial or industrial development except _cas and telephone
facilities, electric Irans~ission and disu'ibulion facilities.
emer~_ency .tmwer structures, fir~ and police ~',ations. emer~_ency_
nmtital.mliam.
Transient residential such as hotels, motels, and bed and breakfast
Zoo. aquariu~ be,,nieal g~den_ or other simil~ ttses.
8, Public and Ptivaze scbegls.
9. CoUection and transfer sites for resource recovetv
11. Social and fraternal
13. ~:_norts in~n~ion~l ~.~.h~ols ~d ~
14. ,A~?haltic m~ui cnncrc~ batch m~irln~ Dim'
15. Ree~mional Vehicle gm4r~.
AOENI~A ITI~M' ~'
.~,_ No, --~
1999
2.2.30.4
Ezem~/_ 'o~. Residential and other uses in the Rural m~i A_erieultural
A.~ee~ment Area for which completed ~lications ~or develoeme~t
.a~.mvnL ~,.,zunin_a~_ conditional t~e~. suhdi~un ~_~z~ovsl~_ ~te plan
.apgrovals. or 91ars were filed with or approved by Collier Count~ prior tn
Sene 22- 1999. ~hall be processed and considered under the Growth
Manag_ement Plan_ _specifically pa_~_es LU-! 39 tlu'ou_eh 45 of the Future
fm~.l Uses Element thereof as it existed and was in effect on June 22_
1999 and S~ction 2.2.7.. of the Collier County_ ~ Devel _opmmt Code in
effect on June 22. 1999.
The cont~n,,ntion of e~i~in? trees ~h=ll ~ ~ifl~_ ;xi~n~ ~ ~11
~l~e ~o~ ~ ~r w~cb dl ~ ~ ~ve ~ ~ or ~
~or to June ~. 1~. ~e ~n~ua6on of ~i~ng ~ ~1 ~e
~-~o~ of~ ~. if~ch e~io~ ~ ~t ~ ~ cl~
~ill~ to ~e ~i~ ~ ~ do not r~u~ a ~ne ~ ~~ve
2.2.30.5
?,,fan. The following mn? de. picts the Rurnl and A_ericultm~
SUI~ECTION 3J!
AMeNDMeNTS TO ZONENG DESTRICTS, PERM]TTED USKS,
CoNDmONAL USES, DImeNSIONAL STANDARDS Dll/1SION
ADDING DECLARATION OF PARTIAL MORATORIIJM~
EXCEPTIONS TI~REFROM AND MAP FOR NATURAL
RESOURCE PROTECTION AREAS.
SECTION 2.2.31
Deelaration of partial moratorium for natural resource protection
2.2.31.1
Duration. For a period not to exceed three ¢3) yesrs f~om the date of the
Final Order of the Adminigtration Commi~ion in Case No. 99-02 (DOAH
Case No. 98-0324 GI~. or J~e 22. 2002- only certain Innd uses as
_s~eeified in Subsection 2.2.31.3 of the Code shall be _t~mitted in the
natural resource protection areas (NRPAs).
2.2.31.2
Cwea~ phie $co.oe of natural resource protection areas. The nan~ral
Resource protection a~-~a include the following ~ generally_ described
as: The Camp Keis Strand_ CREW Lands. Okaloar. oochie Slou_eh_ Belle
Meade and South Golden Crate Estates.
2.2.31.3
Pertained Us~. The foUowin~ I~ are hereby permitted in the natural
. zes~t~e protection areas durin_e th~ maximum three f31 _v~ aases~ment
1. A_erieultmal and direly related uses.
One ~in_ele=F~mily (twelline_ unit _net lot or panel etented m-i~' t~
J~e ~. ~9~.
2.2.31.4
Pro&ibit,,d Uses. All other n,,~ previously permitted by the F~mwe [.m~t
Use Elms-hr of the Growth ~,4mxa~ement plan as it existed and was in
effect on J:me 22_ !.999 n~4 Die'inn 2.2 of the l~i 13ev~ C~d~
an it e~i~l ~d wan in effect ~n June 7_9__ Igg9 ~e benday em~h~.d
2.2.31.5
2.2.31.6
Collier cormw prior to June 22. 1999. The contin~ of c,~ri~fin~ us~
with or cle~ly s~.ill~? to the e~i~Iin~ us~ md do mat ~ · r~ooe or
~m_m~hensiv~ ~i~n ~mendme~ts.
The f~llowing mm,? de~_ iets the mmmal r~s~m'ce ?rotee~io~ ar~:
[Znsert map 7]
SECTION FOUR: CONFLICT AND SEVERABILITY
In the ~v~nt ~ Ordimmce conflicts with any other ordinan~ of Coili~ County or oiler
appllcabl~ hw, the mot~ n~ictive ~ ~ply. ff~ny phra~ or portion of ~ ~ is held
invalid or uacoa.~titulioa~l by any com't of competent juriadiclio~ such porliou ahall be de~c[ a
separate, distinct, md iadepemlcnt provision and such holding ~! aot ~ffoct th~ v~lidity of tl~
SECTION FIVE:
INCLUSION IN ~ COI~LIT. R COUNTY LAHD DEVELOPMENT
CODE
~e pm~om of ~s ~~ ~1 ~me ~ ~ m~c a p~ of ~ ~ Co~
~d ~elopm~t ~e. ~e ~fiom of &e ~ '~y ~ ~~ or ml~ m
~mp~ s~ ~ ~e wo~ 'o~ce" my ~ ~g~ m '~on', "~cle", ~ ~y o~
~pmp~ate wo~
SE~ON S~: E~~ DA~.
~ ~ ~ not ~me leggy eff~fve ~ ~e ~g ~
~ ~ C~ No. ~ ~ C~ No. 98~324 G~ ~me l~y e~ p~t ~
P~S~ ~ D~Y ~~D by &e ~ of Co~ Co~~ of
Co~, ~o~ ~ ..... ~y of ..... ,
A~T: BO~ OF CO~ CO~XO~
D~G~ E. BR~ ~ OF CO~ CO~, ~A
By:
PAAfl~A S. MAC'XIE, Omirwoman
Approved is to form and
legal su~enc~.
7
' 'A~3 ENI~A..~TEM'
~
1999
RESO~.UTION NO. gg-
A RE,~.UTION APPROVING INTERIM AMENDMENTS TO
THE FUTURE LANO USE ELEMENT, FUTURE LAND USE
MAP. GOLDEN GATE MASTER PI.AN ELEMENT AND
RELATED MAPS AS APPROPRIATE OF THE COLLIER
COUNTY GROWTH MANAGEMENT PI.AN TO: MAP
NATURAL RESOURCE PROTECTION AREA~ AND
ESTABLISH PERMITTED LAND USES FOR THESE
AREAS; PROVIDE FOR AN ASSESSMENT OF ALL
RURAL,'AGRICUt. TURAL AND CONSERVATION AREAS
OUTSIDE OF THE URBAN DESIGNATED AREA, SOUTH
GOLDEN GATE ESTATES AND THE BIO CYPRE~ AREA
OF CRITIC,M. STATE CONCERN AND TO ESTABLISH
INTERIM DEVELOPMENT REGUt. ATIONS FOR THESE
THE GROW'TH MANAGEMENT PI. AN IS AMENDED
ACCORDINGLY.
WHEREAS. on A~nl 6. 1996. Co~lim' Counpf ad~:~tecl an Evaluation and A~prmsal Report
lEAR) fo~ ~t~ Grow~ Managemenl Plan (GMP) as re~lU~r~ I~y Sect~m 163.3191. Florida Statutes;
WHEREAS. on Novam~er 14. t997. Co~i~ County adeOto~ II~e EAR~ amendments
to ~ts Grow~ Man~gen~nt Ptan; and
WHEREA~. on DecamDer 24. 1991. ~ (~1 of Commonly AJ~im (DCA)
~ls NoUce ~ Stalll~l~nl of Intent to ~ It~ County's F. AR.ba~ an'mndmen~ not ~n
as aeflne~ by Section 163.31~4(1Xb). Florida Stalutes; and
WHEREAS. on Oecen-.~er 24. 1997. me Oeoanmenl of Commundy Affa~m IDCA) ~
WHEREAS. I~e Admmmtmtt~ Law Judge m~ued · ~ ~ on ~ 19.
A~min~-Irall~n Cemmmamn on June Z2. 1999 pumu~t to ~___,~,~:tton 1~3.31~4~10Xb).
sia~u(~: and
WHEREAS. ~ to Sue~c~m 1~3.3184(1~). ~ Strauss. ~ Admmimra~on
AI3END,~.LTEM
of Law ~tained ther~n also found the ~mm ~
WHERe. ~e ~mmis~ ~s~ ~ June
S~ t4. 1~; a~
~e lu~ ~nt~ to ~ by S~ 1~.3174, ~a S~.
of ~ In~ ~no~n~ to ~a 8~ ~ Counw C~s~em;
· ~ (~) days ~ r~ ~ ~ Int~ ~
~ER~, C~I~ C~n~. u~ r~D; of ~ ~en
~t ~ ~es or not ~[ ~e Pr~s~ ~a~ to ~e
N~ ~EREFOR~ BE IT RESOLV~ BY
COMMI~IONERS OF C~IER COUP. FLORID~ ~l~
A(3 E-N DA.,~EM ....
No,
o,,; f 2, [11999
ATTEST:
DV~3HT E. BROCK.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
PAMELA $. MAC't<]E.
C~M'wamm
LiCi' 2 0 1999
Exhibit A-1
FUTURE LAND USE ELEMENT
Policy 3.2:
^-- -...,-, .-., 0,- ....... +--, ....,.-0--. ~-- The Land Development RegulaUons have be~n codified into a sinqle
unified Land. Development Code (Ordinance. 91-102). Tthe development review process cbc.!! be has been
evaluated and,,,,~ ,., ~.,i'""r"v'~..~,~"'*~'c '="" .... .~..,...., ,... ,~.A ...~....,;......~, ......, n .... , ..... ~ ~ .... ,..,; ............ ,0...
r'.h.,..,... ,,"~ ,~.~n.~ F S ;"'"""~ ...... .4........,. ,~......,.. , .......... *" "~"" to focus on efficiency and
.... ~.,,,., ...... ,..,.,,.,. ., ,,,,~ ..... ,~ ~,.~.~' ................ . ,.,, ,,.,., ,., ..... ~.,,,.,,,..,,,,.,,,,.., ......
effectiveness through unific~ation of all review staff in a single organizational unit and through .-o streamlining
v ,.,,.~,~u ~o"r'"'""~'r''° ^'°"' .......... , ..~...,, ~ .......~...., ;.., .... ,;......,, ...... ~..,.., .....~ r~ .... , .... , o .... ,.,.......
intc C ,..;,,,.t... r~..d.' ..... ....
OBJECTIVE 4:
In order to improve coordination of land uses with natural and historic resources, public facilities, economic
development, housing and urban design, the Future Land Use Element shall be continually refined through
detailed planning, Future studies might address specific geographic or issue areas. All future studies must be
consistent with the Growth Management Plan and further its intent.
Policy 4,1:
A detailed SeGte;. Master Plan for Golden Gate Estates shall-has been developed and was incorporated into
this Growth Management Plan~ in February, 1991. The Sester-M. a~;ter Plan shall-addresses Natural
Resources, Future Land Use, Water Management, Public Facilities and other considerations.
Policy 4.2: --
A detailed Master Plan for the Immokalee h.as been developed and was incorl~rated into thi,s Growth
,M. allaaement Plan ill Feb.ruary, 1991, The Master Plan addressq,s Natural Re.TK)urGes, Future Land Use, Public
Facilities. Housine, Urban Desiqn, Land Development Re~_ulations and other considerations. Maior oumoses
Qf the Master Plan ~hall be coordination of land use and transportation planning, redeveloomenJ or renewal of
bliqhted areas and elimination of land uses inconsistent with the communitY~.S character,
17
AGEND~ ITEM
No,-. .
bCi 2 [.) 1999
Pg ....
Shaded and underlined porlion is added; shaded and struck-through portion is deleted
P,,olicy 4.3:
A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth
Manacjement Plan in January, 1997. The Master Plan addresses Population, Public Facilities, Future Land
Use, Urban Desiqn, Land Development Recjulations and other considerations.
Policy 4-;2 4:
Corddor Management Plans shell have bee...Dn developed by Collier County in conjunction with the City of
Naples..,,..."-'4 :. ,--'-'. ,----, ----- -.*"'~ :..~..,,,... ,~.;...,,.. ~_..., .. .......,,'~' ~,.,..., '-'~-', ' ,-', ,.* ~,.,.., ,..,, ~. ... . .^. .. ~ .. .. . ,* ,nn4,...., . The Plans -'~'-"...,..,, ~dentify
appropriate urban design objectives and recommend Land Development Regulations and Capital
Improvements to accomplish those objectives. Plans '..hcll have been completed for the following road
corridors: Goodlette-Frank Road south of Pine Rid,qe Road, and Golden Gate Parkway from US 41 to Santa
Barbara Boulevard ^ "'":
'-':'"..,.., thc. ,....,,,,,,..,,,.;"~-.'".. '- "... ... , .. .. ... , ,°'" - Future Corddor Manaqement Plans may be prepared, as,. directed by the Board
of County Commi4~sioners. The qoals for each Corridor Manaqement Plan will be established pdor to t.he
development of the Plan. Corridors that may be considered jointly with the City of Naples include:
a, Pine Ridqe Road from US 41 to Goodlette-Frank Road;
b. Davis Boulevard from US 41 to Airport Road;
C. US 41, from Creech Road to Pine Ridcle Road; and
d. US 41 from Davis Boulevard to Airport Road.
The Board of County Commissioners will determine, the boundaries of the corridors selected and the time
frame for completion.
,r,v,, Policy 4;3 5:
An Industrial Land Use Study ~.hcll has been developed and a summary incorporated into the support
document of this Growth Management Plan. ~" '"" r, ...... ;~,, r-, .... ~ .... ~ o,.,,,,.',.,..,, r,,~,,~.,~.,,, ~,, o..,.~.,,,.,h,.,,.
q-OOi~. The study :g31! include~_ a detailed inventory of industrial uses, projections of demand for industrial
land. and recommendations for future land use allocations and Iocational criteria. ^--'' "'"-~-'-"-' ..... '"-,';,-,,
Ecc,",cm,.c~ n..... ---..-.~.,,,-.. ,.' .... 0 ,"..,....., ,..,,",~'q ...,"~ ......,,,..,r'"":"' ,"........, ,.~ .~" Upon completion of the Economic Plan, a study will., be
Un. dertaken to identi~ the need for additional Industrially desiqna,ted land within the Coastal Urban Area.
mn ~m/w,~ Policy 4.4 6 '
Access Management Plans for ea~ of the Mixed Use Activi~ Centem designated on the Fu~re Land Use
Map ~ have be~ developed and incorporated into the Collier Coun~ ~nd Development ~e.
The intent of the~A~ss Management ~-- .... ~ ~- defined hu ...... .--~ '
.......... ~ .... -~ -~,~ ....... U=:~ ~e following
guidelines and pdndples:
a. ~e number of ingress and egress poin~ shall be minimized and shall be ~mbined and ~.
signalized to the maximum e~ent possible.
b. Sparing of ac~ss poin~ shall meet, to the maximum e~ent ~ssible, ~e s~ndards set fo~ in
· e ~llier Coun~ A~ss Management Poli~ (Resolution ~2~2, adopted August 18, 1992).
c. A~ss ~in~ and turning movemen~ shall be lo.ted and designed to minimize intefferen~
~ ~e operation of interchanges and intemections.
d. Lo~, par~ls, and subdivisions whi~ are created shall be en~uraged to dedi~te ~s s-a~ss
ea.~n~, dgh~f-way, and limited a~ss caseinS, as ne~ssa~ and
to ensure ~at ~e above-men~oned s~ndards (a. - c.) am ~mplied wi~.
2 0 1999
Shaded and underlined portion is added; shaded and struck-through poll]on
Policy 4.7:
Redevelopment Plans for existi .ng commercial and resider).tial areas may be considered by
the Board of County Commissioners. These plans may consider alternative land use plans, modifications to
development standards, and incentives that may be necessary to encouraqe redevelopment. For properties
that have been reviewed under the Zoninq Reevaluation Pm.qram, chan.qe.s to the density and intensity of use
permitted may be conside.r, ed, in order to encouraqe redevelopment in these areas. Some of the specific areas
that may be considered by the Board of County Commissioners for redevelopment include:
a. Pine Ridqe Road between U.S. 41 North and Goodlette-Frank Road;
b. Bayshore Ddve between U.S. 41 East and Thomasson Drive;
c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road;
d, Davis Boulevard between U.S. 41 East and Airport-Pullinq Road;
e. U.S. 41 North in Naples Park;
f..C.R. 951 between Green Boulevard and Golden Gate Parkway: and.
g. Bonita Beach Road between Vanderbilt Drive and the west, end of Little
Hickory Shores #1.
Policy 4.68:
Maintain and update, on an annual basis,_the following demographic and land use information: l~e_xisting
permanent population, existing seasonal population, projected population, existing dwelling units ,..and
projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of
anticipated growth.
Policy 4.9
Prepere a Rural and Aqricultur. al Area Asses. sment, or any phase thereof, and adopt plan a~ndments
necesse.rY to Implement.the ..findinqs and results .of the Assessment, or any phase thereof, pursuant to the
Final Order ¢AC-99-002) issued by the Administration Commission on June 22, 1999. The qe .(x:jraphic scope of
the assessment area, public participation procedures, intedm development provisions, a.nd the designation of
Na~ral Resqurc,,e Protection Areas on the Future Land Use Map.. are described in detail in the Aaricultural/Rural
Desiqnation Description Section.
Policy 4.1,0
?.ublic oarticiDati0n and input shall be a pri. m.ary feature and qoal of the planninq and assess.men, t effort.
Repre,~,entatives qf slate and reqional aqencies shall be invited to participate and assist in the ~menL
The County shall ensure community input throuqh each phase of the Assess~nt which may includ~
workshops, public meetinqs, appointed committees, technical workinq qroups, and established advisqry boards
includinq the Envin;)nmental Advisory Committee. and the Collier County Planninq Commission in each Dhase of
the Assessment. -
OBJECTIVE 5:
In order to promote sound planning, ensure compatibility of land uses and further the implementation of the
Future Land Use Element, the following general land use policies shall be implemented upon the adoption of
the Growth Management Plan.
19
A(3'ENDA~ ITEM
0 CT 2 0 1999
Shaded and underlined portion is added; shaded and struck-through portion is deleted
Policy 5.1:
All rezonings must be consistent with this Growth Management Plan. r~,............'~ ,.......,...=, r~_.. --..--,-...-....-*-' ..... ~.. ~./m--"--/
property zoned eppFeved prior to adoption of the Plan (January 10, 1989) and found to be consistent through
the Zoning Re-evaluation Program are consistent with the Growth Manaqement Plan and desiqnated on the
Future Land Use Map sedes, as Properties..Consistent. by Policy. Zoning changes will be permitted tc
chc.".;cc to these pr0oerties, and to other oroDerties deemed consistent with this Future Land Use Element via
Policies 5,9 throuqh 5.12, provided the amount of commercial land use, industrial land use, permitted number
of dwelling units, and the Qverai! intensity of development allowed by the new zoninq district, except as
allQwed by Policy 5;1 ~ r~, ,n ,~.....,,..,.... ~.......~.. ,.......~ ..... , ......... .~...; ......,.~ .... *" """ F.c~'''~ are
not Increased ~"~' ..... * ....~.~....,~.., -....,:.....7..,..., .... ~,~,.~. .... *~*"*" c '"~'"'°~"" :" '~""~'~" "'~" ""'~
· Policy 5.2:
Ail proposed development shall be reviewed for consistency ee~with the Comprehensive Plan and
those found ,to be inconsistent with the Plan by the Board of County C0mmi.ssi0ners ~ ...... ,=r.~... shall not be
permitted.
Shaded and underlined portion is added; shaded and struck-through potion is deleted
T,hc,~ " '
~..,....,,..., t.....,i ........ k............ .... .. .~ ..._.~..:~....~.... ,k~..... ~...,...........'"~'".... ~..,~..,. k. ........ . ~.... ~""""":"".......... ~t~.'i.~ .~..'..:'it ~
'"'"' m:.:St k.. ~-':~...~..~t~b!~ '.'.'!~ "~ .... * ~......., ........ · .~ ........ ~..~......*.-..._....* .... ~....,...,.... I..,......,.
Besides basic Industrial uses, limited commercial uses.are permitted. Retail commercial uses are prohibited,
except as aece.~qo~ to Industrial or Business Park uses. The C.-5~.C4 and PUD Comrr~rcial Zoning Distriet~
along the perimeter of the designated Urban - Industrial District that existe, d as of October 1997 shall be
deer~d c~nsistent with this Land Use Distdct. Industrially designated areas shall have a~s to a.road
ciassifi~d as an art, rial or eofleetor in the Traffic Circulation Elerr~ot, or ae~s$ may be Dro¥ided via a k~:ml
ro~d that do~ not service, a predominatel¥ residential area. Intensities.of. use shall be tho..~, related to;
qo
a. Manufacturinq;
b. Processinq;
c. Stet. age and warehousinq[
d. Wholesalinq;
e. Distribution;
f. Hiqh technolc~_ V:
Laboratories;
Assembly;
Computer and data processina:
Business services;
Other basic industrial uses as described in the Industrial Zoning Distdct of the Land Development Code;
Busines.%, Park t~ses as discussed below and as described in the Business Park Zoning Distrik't of the
Land Develooment Code: and
m. SuoDort commercial uses, such as child care cente .rs and restaurants! '
1~ Business Park Subdistrict
,,The Business Park Subdistrict is intended to provide for a mix of industrial uses and ,non-industrial uses,
.desiqned in an attractive park-like enyimnment, with Iow structural density, where buildincycovemqe
rano_es between 25% to 45%-and landscaoed areas omyide for bufferinq and ,enioyment by the'
emplovee~ and patrons of the Park. Business Parks shall be allowed as a subdistrict in'the Urben ~, ~.
Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Url~n-Mix{~;I
Use District.
~q)ll. AGRICULTURAL/RURAL DESIGNATION ..
RUra t ~ Amli:u Em-aI.zim;~Assessme nt
The Geoaraohic Scooe of the Assessment Area shall be as follows:
Incl~Jde~: All land designated Aqricultural/Rural
Biq Cypr~ Area of Cdtical State Concern
~rvalf0n lands outside the Urban Boundary
South Golden Gate Estates
Excludes: AIIUrbandesionated areas
· Norlhem Golden Gate Estates
The Settlement District
TheA~-_~$.ment oranv ohase thereof, shall be a collaborative, c0rnmunitv-based effort with. full:and broad-
~ publi(~particioati0n and assistance from applicable State and Regional aaendes. At a:minimum, the
A,~e.~ment-=must~ldi~ntifv the means to accomplish the followin_a:
1. Identify and;'0rooose measures to protect prime agricultural areas. Suqh measures
~hould orevent.the premature conversion of aqric~ltural lands to. qther uses.
2. Dir_m~_. Incompatible uses away from wetlands and upland habitat in order to.protec~
.. water quality and qu,3. nUty and maintairl the natural water reqime as well as to protect
listed animal and plaint specie~..and their habitatS.
3. A~.~,-.~s the.~rowt~ootenUal, of the Area. bv assessinq the ootential conversion.of rural
land~ to qltwr, uses~in aoorooriate locations, while discoura.aina.urban sorawt;
dir~-'tinq irlcomoalible land uses away from critical habitat and enc0uraqinq
development that ~rtilizes creative land use planning technique~ inctudin0. b~t not
limited to. oublic and private schools, urban villages, new towns,, satellite
communities, orea-ba~ed allocations, cjusterinq and open space provisions and
mixed use development. The Assessment, or any phase thereof, shall re(x;~nize the substantial
advontaaes of Innovative approaches to development which may better serve to
protect environmentally sensitive areas, maintain .the economic viability of aqricultural
and Other predgminanfl¥ rural land .use~, and provide for the cost efficient delivery of
public faciliUes and services.
Interim Development Provisions for the Agricultural/Rural Assessment Area
Amendments based on the Assessment shall be comoleted bv June 22. 2002. Residential and other uses in
the Area for which completed applications for develooment aooroval, rezonina, conditional use~.subdivtsion
armroval, site:olawarmeoval; or olats were filedwith or aDmoved by Colller. C°unlv:odor.~k)Jlme~2~-: lg99.-shall
be o~an~conslderedunder the Comorehensive Plan as it extsted'onJune 22: 199~ll~'dle.~P/
elects to addres~$oecific _c~c~_ raohic oortion of the Area as a phase of the' ~menL Itm inlerfrr~land use
controls shallbe'lifted from the specific aeoqraohlc area uoon completion of the aoolicable Dhase. ol~i~
Assessment-and the:imcdernentinq Comprehensive Plan amendments for that [~hase becxxniho_ eft.. Until
in I~e-A0ricultuml/Rural Mixed Use District and
22.1999 f~.lh~',e~_ficultural/Rural District. exceot the followir~ uses are omhtbitedand shal[~
1. New._aol~'ce~me~o~drivina_ ranaes.
2. ~or, new~m'ovision of central water and sewer service into,the Area.
3;:~ Nihe: '"' .. .... treatment olants..
Shaded and underlined portion is added; shaded and struck-through porlion
AGENDA ITEM
No· ~.
1999
5. Commercial or industrial development except gas and telephone facilities, electdc
transmission and distribution facilities, emergency power structures, fire. and police
station, s, emer.qency, medial stations.
6. Transient residential such as hotels, motels, and bed and breakfast facilities.
7. Zoo, aquarium, botanical garden, or other similar uses.
8,. Public and pdvate schools.
9. CoIlectioq and transfer sites for resource recovery.
10,. Landfills
11, Social and fraternal or_qanizations.
12,... Group ~care facilities.
13,. SPOrts instructional schools and camps.
14, A~phalt and concrete batch makinq plants..
15, Recreational Vehicle Parks
These interim development standards shall not affect or limit the continuation of existinq uses. Existing uses
~hall also include those uses for which all required permits have been issued, or uses for which completed
apolications have been received by the CountY pdor to June 22, 1999. The continuation of existing. USeS shall
Include expansions of those uses if such expansions are consistent with or cleadY ancillary to the existirK]- use
and do not require a rezoninq or comprehensive plan. amendment;
Natural Resource Protection Areas (NRPAs)
The followi .ng..areas shall .be generally mapped and identified as Natural Resource Protection Area~ (NRPAs):
Caml~ Keels Strand, CREW Lands, Okal0acoochee Slough, Belle Meade and South Golden Gate Estate.'~.
NeUral. Resource Protection Areas (NR.p.AS) are desiRnated on the Future Land Use Map:
1, Within these areas, only aqriculture and directly-related uses and .one sinqle family dwelling unit per parcel
or lot created pdor to June 22, 1999, shall be allowed;
2, These intedm...development standards shall not affect or limit the continuation of existin_q UseS, Existing
uses shall also include those uses for which all required permits have been issued, or uses for which
completed applications have been received by the County orior to June 22, 1999.. The continuation of
existinq...uses shall include expansions of those uses if such expansions a.re consistent with Qr clearly
ancillary to the existing use and do not require a rezoninq.or comprehensive plan amendment;
3~ .The general IocatJor! shall be identified on a map as the intedm NRPAs and shall be refined es actual data
and analysis is made available dudnq th.e Collier County Ru.ral and Aqd.c;ultural Area Assessment.
4. The Camp Keels Stand and Okaloacoochee Slough NRPAs include agricultural reservoirs (sto mw tar
t!',eetment Systerr~) that function as siqnificant wildlife habitat and are an inteqral part.of curr~nl~
aqrk;Adtyral Yses, The identification of these systems.within the listed NRPA~ s. hell nqt I~rectude the future
use of these systems for acldcultural ourooses or..imoly more stringent water quality_ standards,
n~twithstandinq any permittinq requirements contained in, the SOUth Flodda Water Mana_aement District's
ERP oermittina. Droqram.
The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development
pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production.
Urbanization is not promoted, therefore most allowable land uses are of
46.2
No.-
Po--
Shaded and underlined portion is added: shaded and struck-through portion is deleted
Iow intensity in an effort to maintain and promote the rural character of these lands. ,~. !im!tcd =clcc':mn cf !cnd
_' '....... ..................... ~ ............... ,, ~ ................. ~
The followinq uses are permitted in this District, subject to the Interim Developrnent Provisions:
a. Agricultural uses such as farminq, ranching, forestry, bee-keepinq;
b. Residential uses et a. maximum density of one dwelling unit per five gross acres, except for leqal non-
confo.rming lots of record;
c. Habitat preservation uses;
d. Parks, open space and .recreational uses, golf courses;
e. Essential services as defined in the Land Development Code;
f. Safety service facilities;
g. Community facilities such as churches,...group housing uses, cemeteries; and schools which, shall be
subject to the followinq criteria:
· Site area and school size shall be subiect to the General Educational Facilities Report submitted
annually by the Collier County School Board to the Board of County Commissioners.
· The Site mu.st comply with the State Requirements for Educational Facilities adopted by the State
Board of Education.
· The site shall be subject to all applicable State or Federal regulations.
h. Communication and utility facilities, except fo..r central water and sewer facilities as noted above;
i. Migrant labor housing as p.rovided in the Land Developme.nt Code;
j. Earth rain. inq, oil extraction and related processinq;
k. Asphalt I;)lant as a Conditional Use as defined in the Land Development Code provided that the asphalt
plant:.is compatible with surrounding land uses; is not located in a County, State or Federa!..judsdictional
wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not
located within the Area of Critical State Concern as depicted on the Future Land Use. Mae; and. is not
located within 1,000 feet of a natural reservation;
I.. Commercial uses accessory to other permitted uses, such as restaurant..accessory to golf course or retail
sales of produce accessory to farming,., so Ionq as restrictions or limitations are imposed to insure the
.commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include
limitinq the size and/or location of the commercial use and/or limiting access to the commerdel US~;.
m. Commer. cial uses, within the Rural Commercial Subdistdct, based upon criteria;
n. Industrial uses within the Rural - Industrial District;
0.. Travel trailer recreational vehicle parks, provided the followinq criteria are met:
47
A(3ENbAiTEM--
FI{), ,.3, .
OCT 2 0 1999
Shaded and underlined portion is added; shaded and struck-through portion is deleted
1. The density is consistent with the Land Development Code:
2, The site has direct principal access to a road classified,,as an arterial in the Traffic.Circulation
Element, direct principal access defined as a driveway and/or roadway con.nection, to the arterial road,
with no access ,ooints,,from inte ,rvenin,q properties: and.
3. The use will be compatible with surrounding land uses,
A, Agricultural/Rural - Mixed Use Distri.ct
...-- ,--. r-.-.-- .................. r ......... C.'.~M:=.~C..u.............l ....... l......, l..l.. ~- ........ U .............. ]
rC"..k~c,',~=~ ',.:'=C {,', .,,,...z ....... ,',....-'.4.-..,~..J ,....4 '.,./~
----"]', 'u .................... '.:':..'~. ,,'T'~y k.- ..', ..... .~ .., ....i ....dC.':.T.: ~, ".:'."~ ;:~." 5
~...'":= =C.':=. Existing units approved for the Fiddler's Creek DP,I may be reallocated to those parts of Sections
18 and 19, Township 51 South, P,ange 27 East added to Fiddler's Creek DRI together with part of SeCtion 2g,
Township 51 South, P,ange 27 East, at a density greater than 1 unit per 5 gross acres provided that no new
units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre
for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of
Section 29 within the Fiddler's Creek DP, i; and further provided that South Florida Water Management District
jurisdictional wetlands impacted by the DP,I in said Sections do not exceed 10 acres. '
a, Thc "'":""* ;~' '~ = :i:c;
~' Thc "'"""'"~' "" ..,....~... ,k..... ,..,, 5 "':'"- '"'"" '" ...... * '~ .... ,....~.,..4 ...... . :.., ........
The purpose of this District is to protect and encourage agricultural activities, conserve and preserve
environmentally sensitive areas, provide ,for Iow density residential development, and other uses identified
under the AqriC, ultural/F[ural Designation. These areas generally lack pub!!c facilities and services.
Urbanization is not oromot, ed, therefore most allowable land uses are of IOW intensity in an effort to rnain~in
and oromote the rural character of these lands· Residential uses are allowed as follows sublect;l~ the:intel~l
devekmmm'.t~m~:wisions:
a. Low density residential dwelling units, at a maximum density of one dwelling unit per five qrq~s acres,
excegl~ for leoal non-conformin(3 lots of record,,
b. Dormitories. duolexes and other staff housinq_, as may be provided in coniuncflon with conservation uses.
8t 8 densiN in accordance with the Land Development Code;
c. Grouo housing uses at a densiN in accordance with that permitted in the Land Develoornent C..qde;
d, ~ff housin_o in coniunction with safet~ service fa(;:ilities and essentia.! s,~rvices, at a density in.
accordance with the Land Develooment Code:
e, Fe,.rm, lal~r housin~ in accordance with the,Farm Labor Housing provision in the Land Development
Code:
f. Recreation, c~mos as defined in. and at the density allowed by, the Land D~velooment Code.
AeEN.,D^ TEU
No,-
0el' 2 0 1999
Shaded and underlined portion is added; shaded and struc~~ portioa is deleted
1. Rural Commercial Subdistrict
Within the Agricultural/Rural - Mixed .Use District, commercial development, up to a maximum of 200
acres, may be allowed providing the followinq standards for intensity of use are met and subiect to the
interim develooment provisions:.
a. The prelect, or that portion of a larcjer prelect which is devoted to commercia! development, is 2.5
acres or less in size;
b. The proiect, or that portion of a larqer pro. iect which is devoted to commercial development, is no
closer than 5 miles, measured by radial distance, from. the nearest developed commercial area. zoned
commercial area or designated Mixed Use Activity Center;
c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoninq Districts of the Land
Development Code;
d. The proiect is located on an artedal or collector roadway as identified in the Traffic Circulation
*Element; and
e. The proiect is buffered from adiacent properties.
Rural - Industrial District
· ,,,~",, ,,,,. '"'" ~'~..~'C ;C -"C,~C .................................... ..., ,, -,- ~- ........... ~., ...j ........................ . -
P"q" ''";""C~C'4 i.,,,.4,. ,.., ,,,,,, .......... ,. ~,...,. ...... ,;~,l .... ;,~, .,.4; ...., i.,,,,a,. ,, ..... ,.,,.- . ,~ ......... . . ;,,~,.,..~,,. ,,.~ .... :..,,.,,,,,4; ....
The Rural - Industrial District, which encompasses approximately 600 acres of existinq industrial areas ou~ide
of Urban desiqnated areas, is intended, and shall be reserved, for industrial type uses, sublect tQ the Interim
development Drovisions. Besides basic Industrial uses, limited commercial uses are permitted.- Retail
commercial uses are prohibited, except as accessory to Indus.trial uses. The C-5 Commercial Zoning District on
the I~rimeter of lands desiqnated Rural - .Indusffial District, as of October 1997, shall be do~med o;~nsistent
with this ,Land Use District. All industrial areas shall have direct access to a road classified as an arterial or
collector in the Traffic Circulation Element, or access may be orovided via a local road that does not se~ice a
predominately residential area. No new industrial land. uses. shall be permitted, in the Area of Critical State ~
Concem. For the puq:~ses of interpretinq this District, oil and qa.~ exploration, ddlling, and pr0d..ucfiqn shall not.
be deemed to bo industrial land uses and shall continue to be .requlated by all applicable f~:leral, state, and
local laws. Intensifies of use shall be those related to: ~
49
0 CT 2 0 1999
pg._
Shaded and underlined portion is added; shaded and slndck-through portion is deleted
Manufacturinc~;
Processinq;
Storage and warehousinq;
Wholesalin0:
Distribution;
Other basic industrial uses as described in the Industrial Zonina District in
the Land Development Code;
Support commercial uses,, such as child care centers and restaurants.
C. Rural - Settlement Area District
This District consists qf Sections 13, 14.23., 24, and a Portion of 22, Township 48 South, Range 27 East {th~-
former North Golden G{Ite Subdivision), which was zoned and platted between 1967 and 1970. In settlement
of a lawsuit pertaining tO the permitted uses of this property, this property has been "vested" for the uses
soecified in that certain "PUD bv Settlement" zoning qranted bY the C0untv as referenced in that certain
SE'I-rLEMENT AND 7.,ONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is
commonly known ag Omnqetree PUD. Refer tO the Golden Gate Area M,p~ter Plan for permitted use~ and
standards.
50
0 C T 2 0 1999
Pg:i, ~/~,
Shaded and underlined Portion is added; shaded and struck-thmt~h portion is deleted
III. ESTATES DESIGNATION.
The Estates Land Use Designation crc encompasses lands which are already subdivided into semi-rural
residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision.
The area is identified as having potential for population growth far removed from support ive services and
facilities. Expansion of the area ';;~ll shall be discouraged.
(V!~,Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing
the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5,
1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific
land uses.
IV. CONSERVATION DESIGNATION
The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of
Collier County and their associated environmental, and recreational and economic benefits. All native habitats
possess ecological and physical characteristics that justify attempts to maintain these important natural
resources. Barrier Islands, coastal bays and wetlands deserve particular attention because of their ecological
value and their sensitivity to perturbation. It is because of this that all proposals for development in the
Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do
not destroy or unacceptably degrade the inherent functional values.
The Conservation Designation is intended to protect certain vital natural resource areas of the County owned,
~r~marilv. by the public, althou. §h private in-holdinqs and privately owned conservation areas do exist. This
Desk;nation includes such areas as Ev. er.qlades National Park.. Biq Cypress Natj.0nal Preserve, Flodda Panther
National.Wildlife Refuqe, Fakahatchee Strand State Preserve, Collie. r-Seminole State Park, Rooker~ Bay
National Estuarine Research Reserve, Delnor-.VViqqins Pass State Recreation Area, and the National Audubon
Society'S Corkscrew Swamp Sanctuary (privately owned) o,.,...~.,..~.. ,...
,.;" *"-' '-"'"" ..... , r.,.,,:..., r- .... ,.,.---' ,-~'/".~;"" r~.~; ......... u.. cpc~cpccc ""'~
r',;..,..;..o ....... ;"~:~"'"' ~hcngc ....... '*;'~" ig
............ , ~ ........ ; ,..... ,.,....,.,.., ..... crc =cqu~r=d. The boundades of the Conservation Des nation
may periodically change as properties are acquired.
.Standards for development in the Conservation Designation are found in the .Conservation and Coastal
Manaqernqnt Elemqnt and the County's Land Development Requlations. The Conservation Desiqnation will
accommodate limited residential development and future non-residential uses. The followinq uses are
permitted in this De~iqnation, subiect to the intedm development provision~ identifi,ed in the Aqricultural/Rl,trs31
De~;iqnation Description Section:
aa
bo
Sinqle family dwelling units, and ,mo, bile homes where the Mobile Home Zonincj Overlay exists, at ,a
maximum density of one dwellinq unit per five gross acres, or one dwellinq unit per 3 .q. ross acres.for
pdvate in-h01dinq$ within the Biq .Cypress National Preserv,e - eac.,h dwellinq unit must be Dhvsically_
situated on a minimum five acre oarcel, or minimum 3 acre parcel for private,in-holdings within the Bio
Cypress National Preserve.
Dormitories, duplexes and other staff housinq, as may be provided in coniunction with conservation uses,
at a density in accordance with that permitted in the Land Development Code; -
AGEnDa, ITEM -
No.-- ~
51
Shaded and underlined portion is added; shaded and struck-through porfio~
Co
eo
no
oo
Group housing uses at a density in accordance with that permitted in the Land Development Code:
Staff housinq in coniunction with safety service facilities and essential services, at a .density in
accordance with the Land Development Code;
Farm labor housinq in accordance with the Farm Labor Housing provision in the Lan. ,d Development
Code;
Recreation camps as defined in, and at the density allowed by, the Land Development C..4;)de.
Essential services as defined in the Land ..Development Code;
Parks, open space and recreational uses;
Community facilities such as churches, group housing uses, cemeteries; and scho0!$ which shall be
subject to the f011owin0 criteria:
Site area and school size shall be subiect to the General Educational Facilities Report submitted
annually by the Collier County ,School Board to the Board of County Commissioners.
· - The Site must comply with the State Requirements for Educational Facilities adopted by the State
Board of Education.
· The site shall be subiect to all applicable State or Federal regulations.
Commercial uses accessory to other permitted uses, such.as restaurant accessory to operation of a Park
or Preserve;
Safety service facilities;
Utility and communication facilities;
Earth mininq;
Agriculture; and,
Oil extraction and related processing.
V. OVERLAYS AND SPECIAL FEATURES
A. Area of Critical State Concern Overlay
The Big Cypress Area of Cdtical State Concern CACSC) was established by the 1974 Flodda Legislature. The
Cdtical Area is displayed on the Future Land Use Map as an oveday area. The Cdtical Area encomoasses
lands designated Conservation, Aqdcultural/Rural, Estates and Urban (Port 0f the Islands, Plantation I~;land
and Cooeland). Chokoloskee is excluded .from the .Big Cypress; Area of Cdtical State Concern. All
Development Orders within the Cdtical Area shall comply with Chapter ~ 28-25, FI0dda Administrative
Code, "Boundary and Regulations for the Big Cypress Area of Cdfical State Concern" "" '*'c ~'"'-'""'""
..... ,..0= ..... ,.=..k ..... '~"' Those regulations include the followinq:
52
AGE'NDA~ITEM '
No. ~ _
0 C T 2 0 1999
pg._~ ~'
Shaded and underlined portion is added; shaded and struct(-through portion' is deleted
.'i
.i
:II
-! !".
.~.i:i iiiil!i ? i i J il." ~'
-, t Inj~ill i ! I I j.Jl
0 C 'f: 2 0 1999
Exhibit A-2
Golden Gate Area Master Plan
· b~-. Site shall be no closer than ~ road mile from the intersection of a Neighborhood Center;
· e-.Site shall be 2.5 acres or more in size and shall not exceed 5 acres;
· d=. ~ Conditional uses shall be located on the allowable acreage directly adjacent to the
non-residential use;
· e=. Site shall not be adjacent to a church or other place of worship, school, social or fraternal
organization, child care center, convalescent home, hospice, rest home, home for the aged, adult
foster home, children's home. rehabilitation centers; and
· Site shall not be adjacent to parks or ooen soace and recreational uses;
· Site shall not be adiacent to Essential Services, except for libraries and museums.
· Project shall provide adequate buffedng from adiacent properties allowinq residential crcc= us, es,.
VI}Grcup ........ u.., ,,. ;.....= w hP'..h m cy,,;""l', .........."~" ,r....,,~ ,......,,...... ,=.~""' ,=""-'"', .-. ,.,,~ ,-,...........,., ,="-'";"'...,,...~, ~..., -- -. ~, ..... ,-.........., .. =.,..a;~. ,~ .... Cc,"c i i....~.,,.
A,,.4,,II t'N-.~n.'.,.'~.q..q'l'.--. I ;*.,,;...q..q C,,.q....III,I.I.,N,...qn,-I k.l..rt~;,q.q E.N..~... ,,.Iq..,ll I.N.,~ .q.-.....q.q~14..q..4 ,t..,i,&l. ql.,q l'l.q.N I It.,4N.q..,t Ik.4lv,,.,,~..4 I I~,...~
.
5) Southern Golden Gate Estates Natural Resource Protection Overlay
Southem Golden Gate Estates is identified as a,n Na, tural Resource Protection Area (NRPA) Qverlav on
the Golden Gate Area Future Land Use Map.
Natural Resource Protection Areas (NRP. AS),are desi§nated on the Golden Gate, Area Land Use Map:
1, , Within these areas, 0nly aqdculture and directly-related uses and one sinqle family dwellin.q unit oer
, parcel or lot created prior to June 22, 1999, shall be allowed:
2. These interim,development standards shall not, be interpreted to affect or limit, the continuation of
existinq uses. Existinq uses shall include those uses for which all required permits have been issued.
or uses for which completed applications h. ave been received by the Cou, nty prior to June 22. 1999.
The continuation, o,f existinq uses shall include expansions of those uses if such expansio, ns are
consistent with or clearly ancillary to the existinq use and do not require a rezoninq or coml;)re, hensive
plan amendment;
3, These {~reas shall be refined as actual data and analysis is made available dudnq the Collier County
Rural and Aqdcu,!tural Area Assessment.
3. AGRICULTURAL/RURAL DESIGNAT!O, N,,~ SETTLEMENT AREA DISTRICT
Settlement Area District -
This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East
(the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In
settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the
uses specified in that certain "PUD" by Settlement Zoning granted by the County as reference~d in that certain
SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This area is now known as
the Orange Tree PUD and the types of uses permitted are described in the PUD Document.
Shaded and underlined portion is added; shaded and struck-through portio
By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area,
the Plan recognized the property as an area which is outside of the Urban Designation and which is currenUy
far removed from supportive services and facilities. Expansion of the Settlement Area in terms of additional
lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as
justifying similar uses on surrounding or adjacent property. The Settlement Area Land Use District is limited to
the area described above and shall not be available as a land use district for any other i ~u~-=J~l~'N~jt~. '
35 No..__.._..,,~,_ ........
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