Ordinance 2010-49
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,_~~ ... 4 ~~t\\~ ~-", ORDINANCE NO.1 0- 49 -;;. t,' ~ ~
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~ ' ~~ 'f))'~ ;; \AN ORDINANCE AMENDING ORDINANCE NO. 89-05, A{-;";:. ~ '.t":\
~: fi:,.C\ .,' ~ :AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT ~;t~ \A
~ '.' . ,.~:~J; : PLAN, BY ADOPTING REMEDIAL AMENDMENTS TO THE ~-::" .~ '-"
~ '; ':;;' 0" FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP \.'~\" ~B
cSZ " 't"'-' SERIES, AND THE CONSERVATION AND COASTAL ~S\ 0'
<l9LS1V\.~\ MANAGEMENT ELEMENT' AND BY PROVIDING FOR ~~~:-. ~
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ~~/'\
WHEREAS, on July 27, 2004, Collier County adopted an Evaluation and Appraisal
Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida
Statutes; and
WHEREAS, on January 25, 2007, through the adoption of Ordinance No. 07-07, Collier
County adopted the EAR-based amendments to its Growth Management Plan; and
WHEREAS, on May 2,2007, the Florida Department of Community Affairs (DCA) issued
its Notice and Statement of Intent to find certain portions of the County's EAR-based
Amendments to the Future land Use Element and Conservation and Coastal Management
Element, Ordinance No. 07-07, "not in complianceft as defined by Section 163.3184(1)(b),
Florida Statutes; and
WHEREAS, Florida Wildlife Federation and Collier Audubon Society intervened in these
proceedings as Petitioners-in-Intervention, and Buckley Enterprises, Hideout Golf Club, l TD,
and John L. Cowan and Jane Ann Cowan, Trustees, intervened in the proceedings as
Respondents-in-Intervention; and
WHEREAS, pursuant to Subsection 163.3184(16), Florida Statutes, the DCA, the Collier
County Board of County Commissioners, Petitioners-in-Intervention and Respondents-in-
Intervention entered into a Compliance Agreement on September 28, 2010 to resolve issues
raised in the proceedings; and
WHEREAS, to implement the Compliance Agreement, remedial amendments to the
Future land Use Element, Future land Use Map Series, and Conservation and Coastal
Management Element of the Growth Management Plan have been prepared for consideration
by the Collier County Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Remedial
Amendments to the Growth Management Plan on December 14,2010; and
WHEREAS, Collier County has gathered and considered additional information, data
and analysis supporting adoption of these Remedial Amendments, including the following: the
Collier County Executive Summary; and other documents, testimony and information presented
a nd made a part of the record at the meeting of the Collier County Board of County
Commissioners held on December 14,2010; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF REMEDIAL AMENDMENTS TO THE FUTURE LAND
USE ELEMENT, FUTURE LAND USE MAP SERIES, AND
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE
GROWTH MANAGEMENT PLAN,
The Board of County Commissioners hereby adopts the Remedial Amendments to the
Future Land Use Element, Future Land Use Map Series, and Conservation and Coastal
Management Element of the Growth Management Plan, in accordance with Section 163.3184,
Florida Statutes, The text and maps of the amendments are attached hereto as Exhibit "An and
are incorporated by reference herein,
SECTION TWO:
SEVERABILITY,
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE,
The effective date of these Remedial Amendments to the FUTURE LAND USE
ELEMENT, FUTURE LAND USE MAP SERIES, AND CONSERVATION AND COASTAL
MANAGEMENT ELEMENT shall be the date a final order is issued by the Florida Department of
Community Affairs or Administration Commission finding the amendments in compliance in
accordance with Section 163,3184, Florida Statutes, whichever occurs earlier, No development
orders, development permits, or land uses dependent on these amendments may be issued or
commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, these amendments may nevertheless be made effective by
adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent
to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd" 3rd Floor, Tallahassee, Florida 32399-2100,
2
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 14th day of December, 2010,
,
. .'
ATTEST: ":: J
;,D,\lY~.~,e,~ROCK, Clerk
/'~~, '~~/'~~>,"~'< ~~"
. :,-; BY:. '
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. ./,. .-
. .
. ,.,j~ ~l'!.;:',~;, ~',~ ,,\~"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-,-/ dl.. W, ~
BY: 'fL '
FRED W, COYLE, ' ,
CHAIRMAN
Approved as to form and legal sufficiency:
~ .1L
' ~wl'
Steve Williams,
Assistant County Attorney
lhliU6ialnonce lil,ec!wl.tt; llie
~~ ~:~t~?ioID
and oc:kIlowledgeme hot
fili receiv' c;lQY
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Future Land Use Element
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EXHIBIT "A"
FUTURE LAND USE ELEMENT
B. North Belle Meade Overlay
The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for
in Receiving, Neutral, NRPA and non-NRPA Sending Lands, except as provided herein for
Neutral Lands in Section 24, Township 49 South, Range 26 East. and shown on the North Belle
Meade Overlay Section 24 Map, Development and preservation standards within this Overlay
shall be as provided herein.
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1. IN GENERAL
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5. NEUTRAL LANDS
Within the NBM Overlay there are:!: 1,280 acres of land that are identified as Neutral
Areas. The Neutral Areas consist of two Y2 sections located at the northeast comer of this
Overlay and Section 24 located in the northwest portion of this Overlay. The preservation
standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral
Lands, except as provided below for Section 24. The County has performed an RCW
study for Section 24 and,.-tfthe results of the study, in part, are the basis for the below
provisions applicable to Section 24. warraat, the Plaa will be ameaded.
6. SECTION 24 NEUTRAL LANDS
The following provisions apply only to all lands within Section 24, Township 49 South,
Range 26 East, within the North Belle Meade Overlay, shown on the North Belle Meade
Overlay Section 24 Map, and are pursuant to the partial stipulated settlement agreement
between the Board of County Commissioners, Florida Department of Community Affairs,
Petitioners-in-Intervention and Respondents-in-Intervention, approved by the Board on
September 28,2010,
a, All Properties Except Those Specified Below in Paragraphs b., c., d., e, and f. - Lots
1, 2, 5-12, 20, 21. 36-40 and southerlv portion of Lot 31, all whether a whole Lot or a
portion thereof (uncolored and unlabelled, except for four Collier County Lots, on
North Belle Meade Overlay Section 24 Map)
Words underlined are added; words strllck UU811gh are deleted.
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Future Land Use Element
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.u Allowable Uses:
a) Agricultural uses consistent with Chapter 823.14(6), Florida Statutes (Florida
Right to Farm Act)
b) Detached single-family dwelling units at a maximum density of one dwelling
unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres,
which existed on or before June 22, 1999. For the purpose of this provision, a
lot or parcel which is deemed to have been in existence on or before June 22,
1999 is 1) a lot or parcel which is part of a subdivision recorded in the public
records of Collier County, Florida: or 2) a lot or parcel which has limited
fixed boundaries, described bv metes and bounds or other specific legal
description, the description of which has been recorded in the public records
of Collier County Florida on or before June 22, 1999: or 3) a lot or parcel
which has limited fixed boundaries, for which an agreement for deed was
executed prior to June 22, 1999.
c) Habitat l'reservation and conservation uses.
d) Passive parks and other passive recreational uses,
e) Sporting and Recreational camps, within which the lodging comoonent shall
not exceed I unit per 5 gross acres.
t) Essential Services necessary to serve permitted uses identified in paragraph
a.l) a) through et such as the following: private wells and septic tanks: utility
lines, sewer lift stations, and water pumping stations: and, interim, private
water and sewer facilities until such time as County central water and sewer
service becomes available.
g) Essential Services necessary to ensure public safety.
h) Oil and gas exploration. Where practicable, directional-drilling technicmes
and/or previous Iv cleared or disturbed areas shall be utilized to minimize
impacts to native habitats.
2) Allowable Conditional Uses:
a) The following uses are conditionally permitted subiect to approval through a
public hearing process:
(1) Commercial uses accessory to permitted uses a.l) at c) and dt such as
retail sales of produce accessory to farming, or a restaurant accessory to a
park or preserve, so long as restrictions or limitations are imposed to
insure the commercial use functions as an accessory, subordinate use.
(2) Oil and gas field development and production, Where practicable,
directional-drilling techniques and/or previouslv cleared or disturbed areas
shall be utilized to minimize impacts to native habitats.
Words underlined are added; words str~(k tRr9WgA are deleted,
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Future Land Use Element
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b) In addition to the criteria set forth in the Land Development Code,
Conditional Uses shall be allowed subiect to the following additional criteria:
(1) The applicant shall submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This
plan shall be part of the required EIS as specified in Policy 6.1. 7 of the
Conservation and Coastal Management Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size.
location. and access to the conditional use.
1) Native Vegetation and Preservation Requirements: Ninety percent (90%) of the
slash pine trees shall be preserved, and a greater amount may be ~reserved at the
discretion of the property owner, unless a Red-cockaded Woodpecker Habitat
Management Plan is prepared and it recommends a lesser amount. Preservation
requirements of Policy 6.1.2 of the Conservation and Coastal Management
Element shall not apply.
b. Hideout Propertv - Lots 13 and 27 (Striped Pattern and Labeled "Hideout" on North
Belle Meade Overlay Section 24 Map)
I) Allowable Uses: No development is allowed.
c, Hideout Propertv - Lots 28-30, 31-34 and Northerlv Portion of Lot 30 Combined
(Colored Yellow and Labeled "Hideout" and "Yellow" on North Belle Meade
Overlay Section 24 Map)
1) Allowable Uses:
a) Existing golf course development; OR, at the discretion of land owner,
redevelop with any of the below uses b) through n). subiect to the
requirements and limitations of the RFMUD Neutral Lands designation;
b) Agricultural uses;
c) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses;
d) Staff housing as may be incidental to, and in support of, safetv service
facilities and essential services;
e) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 grOSS acres;
f) Essential services;
g) Zoo. aquarium, botanical garden, or other similar uses;
h) Public educational plants and ancillary plants;
i) Facilities for the collection, transfer, processing and reduction of solid waste;
j) Community facilities, such as places of worship, childcare facilities,
cemeteries. social and fraternal organizations;
k) Sports instructional schools and camps;
Words underlined are added; words strl:l€k tl:lrel:lgl:l are deleted,
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I) Earth mining. oil extraction and related processing:
m) Parks, open space, and recreational uses;
n) Private schools.
2) Native Vegetation and Preservation Requirements: As provided for in Policy
6,l,2b, of the Conservation and Coastal Management Element, a minimum of
60% of the native vegetation present. not to exceed 45% of the total site area,
shall be preserved.
d, Hideout Propertv - Lots 22-24 Combined (Colored Green and Labeled "Hideout" and
"Green" on North Belle Meade Overlav Section 24 Map)
1) Allowable Uses:
a) Thirtv-seven (37) clustered dwelling units, single family or multi-family
(fewer dwelling units may be developed at the discretion ofland owner): OR,
at the discretion of land owner, develop with any of the below uses b) through
d), subiect to the requirements and limitations of the RFMUD Neutral Lands
designation;
b) One dwelling unit located on each of the three lots of record (total of three
dwelling units);
c) Essential services:
d) Parks, open space, and recreational uses.
2) Clustering:
a) Only one clustered development is allowed, and a maximum ofthirtv-seven
(37) dwelling units are allowed in that cluster. This dwelling unit figure is
based upon the total Hideout ownership in Section 24 of approximately 187
acres.
b) The clustered development may be comprised of single familv dwelling units,
multi-family dwelling units or a combination.
c) The minimum grOSS acreage for clustering a single residential development
shall be sixty-four (64) acres.
d) Lot size in clustered development shall not exceed an average of one acre,
exclusive of areas to be dedicated, conveyed or set aside for right-of-way
purposes, The lot size may be required to be less, depending upon the
recommendations of the Red-cockaded Woodpecker Habitat Management
Plan required in subparagraph d,5) below.
e) Any clustered residential development requires participation in a Red-
cockaded Woodpecker Habitat Management Plan and the requirements set
forth in subparagraph d,5) below.
t) Clustered residential development shall be located in an area of the property
determined by the Red-cockaded Woodpecker Habitat Management Plan to be
Words underlined are added; words strl:lc:k tl:trsl:Igl:t are deleted.
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Future Land Use Element
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most appropriate for development. For the location of the clustered
development, the Red-cockaded Woodpecker Habitat Management Plan shall
consider areas already developed and highly impacted in Section 24, as well
as areas contiguous to areas in the southeast part of Section 24 that are already
developed and highly impacted,
g) All other cluster provisions and requirements for RFMUD Neutral Lands - set
out in the Rural Fringe Comprehensive Plan Amendments adopted June 19,
2002, by Ordinance number 2002-32, and incorporated into the
comprehensive plan, and subsequently adopted into the Collier County Land
Development Code, Ordinance No, 04-41, as amended - shall be applicable.
except where in conflict with cluster provisions within this subparagraph 2).
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development, a minimum of eighty percent (80%) of
the native vegetation shall be preserved in a manner which is consistent with
the Conservation and Coastal Management Element. Policy 6.1.2e.-g., as that
policv exists on September 28, 20 10. However, this 80% shall be calculated
based upon the acreage of these three lots combined with Lots 13 and 27
( approximately 81 acres total), Yielding a required native vegetation preserve
amount of approximately 65 acres,
b) For clustered residential development. approximately 65 acres of native
vegetation shall be conveyed to Conservation Collier, a Home Owners
Association, or other like entity, for the purposes of conservation and
preservation, The conveyance shall be in the form of a conservation easement.
or other instrument acceptable to the entity.
(I) The entity in whose favor the conservation easement is granted shall be
obligated to implement and maintain the Red-cockaded Woodpecker
Habitat Management Plan that will be developed for this area in
association with the Safe Harbor Agreement required in subparagraph d.5)
below,
(2) Such entity shall provide financial assurances to Collier Countv, in the
form of a bond, letter of credit, or equivalent, of its ability to implement
and permanently maintain this Red-cockaded Woodpecker Habitat
Management Plan,
c) For non-clustered residential development, ninety percent (90%) of the slash
pine trees shall be preserved, and a greater amount may be preserved at the
discretion of the property owner, unless a Red-cockaded Woodoecker Habitat
Management Plan is prepared and it recommends a lesser amount.
d) For non-residential development. ninety percent (90%) of the slash pine trees
shall be preserved, and a greater amount mav be preserved at the discretion of
the property owner, unless the Red-cockaded Woodpecker Habitat
Words underlined are added; words stnH;k ttlrsl:IgR are deleted,
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Future Land Use Element
Remedial Amendment to Bee
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Management Plan, required in suboaragraoh d.5) below, recommends a lesser
amount.
4) Non-residential Use Habitat Management Plan Requirement: For non-residential
development, Hideout shall oarticioate in a Red-cockaded Woodoecker Habitat
Management Plan and the requirements outlined in suboaragraoh d.5) below. and
shall expend a sum of money to promotly implement the associated Red-cockaded
W oodoecker Habitat Management Plan. This amount shall be $30,000.00 olus
five (5) percent per vear as an inflation adiustment. Once the Red-cockaded
W oodoecker Habitat Management Plan is imolemented, Buckley shall fullv fund
the ongoing maintenance costs.
5) Safe Harbor Agreement: Clustered residential develooment, and non-residential
develooment, is subiect to the following requirements:
a) Hideout shall aooly for and oursue a Safe Harbor Agreement with associated
Red-cockaded Woodoecker Habitat Management Plan with the U.S. Fish and
Wildlife Service for the approximately 81 acres ofland they own in Section
24 that are described in suboaragraohs b. and d. above,
b) If approved, the Red-cockaded Woodpecker Habitat Management Plan shall
require such management techniques as the mechanical or manual thinning of
trees and understorv, and the removal of combustible materials to levels which
would oermit a "controlled bum" that would not destroy, but would maintain.
the oresence of a sufficient amount of slash Dine trees for Red-cockaded
W oodoecker foraging and cavity tree nests.
c) Hideout shall oay all legal and oermitting fees related to their effort to obtain
aooroval of the Safe Harbor Agreement. Additionally, if successful in
obtaining a Safe Harbor Agreement, Hideout shall expend a sum of money to
oromotly imolement the associated Red-cockaded Woodoecker Habitat
Management Plan. This amount shall be $30,000,00 olus five (5) oercent oer
year as an inflation adiustment. Once the Red-cockaded W oodoecker Habitat
Management Plan is imolemented, Hideout shall fullv fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red-cockaded W oodoecker
Habitat Management Plan must orovide that Hideout can develoo 37
residential dwelling units in the areas colored green and labeled "Hideout" as
set forth on the North Belle Meade Overlav Section 24 MaD. The Red-
cockaded Woodoecker Habitat Management Plan must also delineate the
maximum area that may be cleared, in accordance with the aoolicable
orovisions of the Growth Management Plan, within the green areas labeled
"Hideout" set forth on the North Belle Meade Overlay Section 24 Mao. The
Safe Harbor Agreement must allow 20% of Hideout's aporoximately 81 acres
(aooroximately 16 acres) to be cleared when develooment occurs.
Words underlined are added; words ~trl:lek thrEll:lgll are deleted,
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Future Land Use Element
Remedial Amendment to BCC
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e) Once the Red-cockaded Woodpecker Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
protection of other state and federal listed species that may be present on the
approximate 81 acres of land owned bv Hideout and colored green and labeled
"Hideout" and striped and labeled "Hideout" on the North Belle Meade
Overlay Section 24 Map. Hideout shall comply with all federal and state
listed species criteria for development within the areas that will be allowed to
be cleared pursuant to the Safe Harbor Agreement.
f) The County shall not comment to anv of the state and federal permitting
agencies during the permitting process for the Hideout parcels so long as the
following takes place:
( 1) Residential development is clustered as provided herein: and
(2) The Safe Harbor Agreement with associated Red-cockaded Woodpecker
Habitat Management Plan is approved and being implemented: and
(3) The conservation easement or fee simple title is granted to the appropriate
entity for management of the Red-cockaded Woodpecker habitat, as
required in subparagraph 3)b) above: and
(4) Permit applications are consistent with all provisions herein for Hideout
property and all other provisions of the Collier Countv comprehensive
plan, except thev are not subject to:
(a) The Conservation and Coastal Management Element. Objective 2.1
and subsequent policies: Goal 6 and subsequent objectives and
policies, excluding (are subject to) policies 6,1.2e.-g., 6.1.4, 6.1.5, and
6.1.7: and, Goal 7 and subsequent obiectives and oolicies: and
(b) the Future Land Use Element, Rural Fringe Mixed Use District,
Neutral Lands, paragraph 2" Clustering, subparagraph d)' minimum
project size: Paragraph 3. Allowable Uses, subparagraphs 3.a), d)
through h)' j) through p), r) and s) rthese excepted uses are prohibited1:
paragraph 5. Oensitv Blending rthis provision is not available for these
parcels 1.
g) Should Hideout be unable to secure an acceptable Safe Harbor Agreement
with associated Red-cockaded Woodpecker Habitat Management Plan, or
should the cost of implementing the Red-cockaded Woodpecker Habitat
Management Plan exceed the sum of $30,000,00 plus the inflation factor set
forth herein and no additional funding can be obtained, then Hideout shall be
deemed to have satisfied their Safe Harbor Agreement and associated Red-
cockaded Woodpecker Management Plan obligations set forth herein with the
contribution of $30,000.00 toward management of the Red-cockaded
Woodpecker habitat. In such an event, the remaining provisions and
requirements relating to density, clustering, preservation and any other
Words underlined are added; words strllck t~rol:lgR are deleted,
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Future Land Use Element
Remedial Amendment to BCC
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applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 5)f)(4) above, shall
remain effective and applicable to the Hideout parcels in Section 24.
e. Cowan Property - Lots 14-16,25,26 and 35 Combined (Colored Blue and Labeled
"Cowan" and "Blue" on North Belle Meade Overlay Section 24 Map)
1) Allowable Uses:
a) Nineteen (19) clustered dwelling units, single familv or multi-familv (fewer
dwelling units may be developed at the discretion of land owner): OR, at the
discretion of land owner, develop with any of the below uses b) through d)'
subiect to the requirements and limitations of the RFMUD Neutral Lands
designation:
b) One dwelling unit located on each of the six lots of record (total of six
dwelling units ):
c) Essential services:
d) Parks, open space, and recreational uses.
e) Access road on Lot 35 to serve development allowed in a) through d) above.
2) Clustering:
a) UP to two clustered developments are allowed, and a maximum of nineteen
( 19) total dwelling units are allowed in cluster development( s ). This dwelling
unit figure is based upon the total Cowan ownership in Section 24 of
approximatelv 97.7 acres.
b) Lot 35 may contain UP to, but no more than, three clustered dwelling units - in
addition to road access for all Cowan property development(s). A second
residential cluster outside of Lot 35 may contain the balance of the nineteen
clustered dwelling units not built on lot 35,
c) The clustered development may be comprised of single family dwelling units,
multi-family dwelling units or a combination.
d) The minimum gross acreage for clustering a single residential development
shall be sixty-four (64) acres, except as provided in subparagraph 2)b) above.
e) Lot size in clustered development shall not exceed an average of one acre.
exclusive of areas to be dedicated, conveyed or set aside for right-of-way
purposes. The lot size may be required to be less, depending upon the
recommendations of the Red-cockaded Woodpecker Habitat Management
Plan required in paragraph e,5) below.
t) Any clustered residential development requires participation in a Red-
cockaded Woodpecker Habitat Management Plan and the requirements set
forth in paragraph e.5) below.
Words underlined are added; words strllck tRrsllgh are deleted,
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Future Land Use Element
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g) Clustered residential development shall be located in an area(s) of the
property determined by the Red-cockaded Woodpecker Habitat Management
Plan to be most apvropriate for development. For the location of the clustered
development, the Red-cockaded Woodpecker Habitat Management Plan shall
consider areas already develooed and highlv impacted in Section 24, as well
as areas contiguous to areas in the southeast part of Section 24 that are already
developed and highly impacted.
h) All other cluster provisions and requirements for RFMUD Neutral Lands - set
out in the Rural Fringe Comprehensive Plan Amendments adopted June 19,
2002, bv Ordinance number 2002-32, and incoroorated into the
comprehensive plan, and subsequently adopted into the Collier County Land
Development Code, Ordinance No. 04-41. as amended - shall be applicable,
except where in conflict with cluster provisions within this subparagraph 2).
i) For clustered residential development, Cowan, or his assigns, shall participate
in a Red-cockaded Woodpecker Habitat Management Plan and the
requirements outlined in subparagraph e.5) below, and shall expend a sum of
monev to promptlv implement the Red-cockaded Woodpecker Habitat
Management Plan for Cowan's parcels totaling 97,7 acres. This initial amount
("Initial Management Amount") shall be no greater than $30,000.00. Once
the Red-cockaded Woodpecker Habitat Management Plan is implemented,
Cowan, or his assigns, shall fund the Initial Management Amount plus five
percent (5%) per vear, which shall accrue annually. as an inflation adiustment.
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development, a minimum of eightv oercent (80%) of
the native vegetation shall be preserved in a manner which is consistent with
the Conservation and Coastal Management Element. Policy 6.1,2e.-g., as that
policy exists on September 28,2010. This 80% shall be calculated based
upon the total of97.7 acres, yielding a required native vegetation preserve
amount of approximately 78 acres.
b) For clustered residential development. approximately 78 acres of native
vegetation shall be conveved or granted by a conservation easement or deed (as
determined by Cowan or his assignee) to Conservation Collier, a Home
Owners Association, or other like entity, its successors and assigns, a non-
exclusive easement, license, and privilege to enter upon, maintain, preserve
and conserve such property and wildlife.
(1) The entitv in whose favor the conservation easement is granted shall be
obligated to implement and maintain the Red-cockaded Woodpecker
Habitat Management Plan that will be developed for this area in
association with the Safe Harbor Agreement required in subparagraph e,5)
below.
Words underlined are added; words stn:lEk tRre~g'" are deleted.
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Future Land Use Element
Remedial Amendment to Bee
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(2) Such entity shall provide financial assurances to Collier County, in the
form of a bond, letter of credit, or equivalent, of its ability to implement
and permanently maintain this Red-cockaded Woodpecker Habitat
Management Plan.
c) For non-clustered residential development, ninety percent (90%) of the slash
pine trees shall be preserved. and a greater amount mav be preserved at the
discretion of the property owner, unless a Red-cockaded Woodpecker Habitat
Management Plan is prepared and it recommends a lesser amount.
d) For non-residential development. ninety percent (90%) of the slash pine trees
shall be preserved, and a greater amount may be preserved at the discretion of
the property owner, unless the Red-cockaded Woodoecker Habitat
Management Plan, required in subparagraph e.5) below, recommends a lesser
amount.
4) Non-residential Use Habitat Management Plan Requirement: For non-residential
development, Cowan shall participate in a Red-cockaded Woodpecker Habitat
Management Plan and the requirements outlined in subparagraph e.5) below. and
shall expend a sum of monev to promptly implement the associated Red-cockaded
Woodpecker Habitat Management Plan. This amount shall be $30,000.00 olus
five (5) oercent per year as an inflation adjustment. Once the Red-cockaded
Woodpecker Habitat Management Plan is imolemented, Buckley shall fully fund
the ongoing maintenance costs.
5) Safe Harbor Agreement: Clustered residential development. and non-residential
development, is subject to the following requirements:
a) Cowan shall apply for and pursue a Safe Harbor Agreement with associated
Red-cockaded Woodpecker Habitat Management Plan with the U.S. Fish and
Wildlife Service for the approximatelv 97.7 acres ofland they own in Section
24 that are described in subparagraph e.
b) If aooroved, the Red-cockaded W oodoecker Habitat Management Plan shall
require such management techniques as the mechanical or manual thinning of
trees and understory, and the removal of combustible materials to levels which
would permit a "controlled bum" that would not destroy, but would maintain,
the presence of a sufficient amount of slash pine trees for Red-cockaded
Woodpecker foraging and cavity tree nests.
c) Cowan shall pay all legal and permitting fees related to their effort to obtain
approval of the Safe Harbor Agreement. Additionallv, if successful in
obtaining a Safe Harbor Agreement, Cowan shall expend a sum of money to
promptly imolement the associated Red-cockaded Woodpecker Habitat
Management Plan. This amount shall be $30,000,00 plus five (5) percent per
year as an inflation adjustment. Once the Red-cockaded W oodoecker Habitat
Words underlined are added; words strllck tArsllgR are deleted,
10
Future Land Use Element
Remedial Amendment 10 BCC
12/14/10 BCC hearing
Management Plan is implemented, Cowan shall fully fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red-cockaded W oodoecker
Habitat Management Plan must provide that Cowan can develop 19 residential
dwelling units in the areas colored blue and labeled "Cowan" as set forth on
the North Belle Meade Overlay Section 24 Map. The Red-cockaded
Woodpecker Habitat Management Plan must also delineate the maximum area
that may be cleared, in accordance with the applicable provisions of the
Growth Management Plan, within the blue areas labeled "Cowan" set forth on
the North Belle Meade Overlav Section 24 Map. The Safe Harbor Agreement
must allow 20% of Cowan's approximatelv 97.7 acres (approximatelv 19.54
acres) to be cleared when development occurs.
e) Once the Red-cockaded Woodpecker Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
protection of other state and federal listed species that may be present on the
approximate 97,7 acres of land owned by Cowan and colored blue and labeled
"Cowan" on the North Belle Meade Overlay Section 24 Map. Cowan shall
comply with all federal and state listed species criteria for development within
the areas that will be allowed to be cleared pursuant to the Safe Harbor
Agreement.
f) The County shall not comment to any of the state and federal oermitting
agencies during the ~ermitting process for the Cowan parcels so long as the
following takes place:
( I) Residential development is clustered as provided herein: and
(2) The Safe Harbor Agreement with associated Red-cockaded Woodpecker
Habitat Management Plan is approved and being implemented: and
(3) The conservation easement or fee simple title is granted to the appropriate
entity for management of the Red-cockaded Woodpecker habitat, as
required in paragraph 3)b) above: and
(4) Permit applications are consistent with all provisions herein for Hideout
property and all other provisions of the Collier Countv comprehensive
plan. except thev are not subject to:
(a) The Conservation and Coastal Management Element. Objective 2.1
and subsequent policies: Goal 6 and subsequent objectives and
policies, excluding (are subiect to) policies 6.1.2e,-g., 6.1.4, 6.1.5, and
6.1.7: and, Goal 7 and subsequent objectives and policies: and
(b) the Future Land Use Element, Rural Fringe Mixed Use District,
Neutral Lands, paragraph 2.. Clustering, subparagraph d), minimum
project size: Paragraph 3. Allowable Uses, subparagraphs 3.a), d)
through h), j) through p), r) and s) rthese excepted uses are prohibitedl:
Words underlined are added; words str~(k tRrSl,JgR are deleted,
11
Future land Use Element
Remedial Amendment to Bee
12/14/10 Bee hearing
paragraph 5. Density Blending rthis provision is not available for these
parcels l.
g) Should Cowan be unable to secure an acceptable Safe Harbor Agreement with
associated Red-cockaded W oodoecker Habitat Management Plan, or should
the cost of implementing the Red-cockaded Woodpecker Habitat Management
Plan exceed the sum of $30,000.00 plus the inflation factor set forth herein
and no additional funding can be obtained, then Cowan shall be deemed to
have satisfied their Safe Harbor Agreement and associated Red-cockaded
Woodpecker Management Plan obligations set forth herein with the
contribution of $30,000.00 toward management of the Red-cockaded
Woodpecker habitat. In such an event, the remaining provisions and
requirements relating to density, clustering, preservation and any other
applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 5)0(4) above, shall
remain effective and applicable to the Cowan parcels in Section 24.
f:. Buckley Property - Lots 3, 4 and 17-19 Combined (Labeled "Bucklev" on North
Belle Meade Overlay Section 24 Map)
I) Allowable Uses:
a) Sixteen (6) clustered dwelling units, single family or multi-family (fewer
dwelling units may be developed at the discretion ofland owner): OR, at the
discretion ofland owner, develop with anv of the below uses b) through Q),
subiect to the requirements and limitations of the RFMUD Neutral Lands
designation:
b) One dwelling unit located on each of the six lots of record (total of six
dwelling units):
c) Agricultural uses:
d) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses:
e) Group housing uses subiect to the following density/intensity limitations:
Family Care Facilities: I unit per 5 acres: Group Care Facilities and other
Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed
0,45:
f) Staff housing as may be incidental to, and in support of, safety service
facilities and essential services:
g) Farm labor housing limited to 10 acres in any single location: Single
family/duplex/mobile home: II dwelling units per acre:
Multitamilv/dormitorv: 22 dwelling unitslbeds per acre:
Words underlined are added; words strllck tRrellgR are deleted,
12
Future Land Use Element
Remedial Amendment to BCC
12/14/10 BCC hearing
h) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 grOSS acres:
i) Essential services:
j) Golf courses or driving ranges, subiect to the standards for these uses
contained in the Rural Fringe Mixed Use District Neutral Lands designation:
k) Zoo, aquarium, botanical garden, or other similar uses:
1) Public educational plants and ancillary plants:
m) Community facilities, such as places of worship, childcare facilities,
cemeteries, social and fraternal organizations:
n) Sports instructional schools and camps:
0) Oil extraction and related processing;
p) Parks, open space, and recreational uses:
q) Private schools.
2) Clustering:
a) Onlv one clustered development is allowed, and a maximum of sixteen (16)
dwelling units are allowed in that cluster. This dwelling unit figure is based
upon the total Buckley ownership in Section 24 of approximatelv 81 acres.
b) The clustered development may be comprised of single family dwelling units,
multi-familv dwelling units or a combination.
c) The minimum grOSS acreage for clustering a single residential development
shall be sixtv-four (64) acres.
d) Lot size in clustered development shall not exceed an average of one acre,
exclusive of areas to be dedicated, conveyed or set aside for right-of-way
purposes. The lot size may be required to be less, depending upon the
recommendations of the Red-cockaded Woodpecker Habitat Management
Plan required in subparagraph [,6) below.
e) Any clustered residential development requires participation in a Red-
cockaded Woodpecker Habitat Management Plan and the requirements set
forth in subparagraph [,6) below.
f) Clustered residential development shall be located in an area of the prooerty
determined by the Red-cockaded Woodpecker Habitat Management Plan to be
most appropriate for development. For the location of the clustered
development. the Red-cockaded Woodpecker Habitat Management Plan shall
consider areas already developed and highly impacted in Section 24, as well
as areas conti~ous to areas in the southeast part of Section 24 that are already
developed and highly impacted.
g) All other cluster provisions and requirements for RFMUD Neutral Lands - set
out in the Rural Fringe Comprehensive Plan Amendments adopted June 19,
2002, by Ordinance number 2002-32, and incorporated into the
comprehensive plan, and subsequently adopted into the Collier County Land
Words underlined are added; words strl:lEk threl:lgll are deleted.
13
Future Land Use Element
Remedial Amendment to BCC
12114/10 BCC hearing
Development Code, Ordinance No, 04-41, as amended - shall be applicable,
except where in conflict with cluster provisions within this subparagraph 2).
h) For clustered residential development, Buckley shall participate in a Red-
cockaded Woodpecker Habitat Management Plan and the reQuirements
outlined in subparagraph f.6) below, and shall expend a sum of money to
promptly implement the Red-cockaded Woodpecker Habitat Management
Plan for Bucklev's parcels totaling 81 acres. This amount shall be $30,000.00
plus five percent (5%) per year as an inflation adiustment. Once the Red-
cockaded Woodpecker Habitat Management Plan is implemented, Bucklev
shall fully fund the ongoing maintenance costs,
3) Native Vegetation and Preservation ReQuirements:
a) For clustered residential development, a minimum of eighty percent (80%) of
the native vegetation shall be preserved in a manner which is consistent with
the Conservation and Coastal Management Element. Policv 6.1.2e,-g.. as that
policy exists on September 28,2010. This 80% shall be calculated based
upon the total of 81 acres, yielding a required native vegetation preserve
amount of approximately 65 acres.
b) For clustered residential development, approximately 65 acres of native
vegetation shall be conveyed to Conservation Collier, a Home Owners
Association, or other like entity, for the purposes of conservation and
preservation. The conveyance shall be in the form of a conservation easement,
or other instrument acceptable to the entity.
(1) The entity in whose favor the conservation easement is granted shall be
obligated to implement and maintain the Red-cockaded Woodoecker
Habitat Management Plan that will be developed for this area in
association with the Safe Harbor Agreement as required in subparagraph
f,6) below.
(2) Such entitv shall provide financial assurances to Collier County, in the
form of a bond, letter of credit, or eQuivalent, of its ability to implement
and permanentlv maintain this Red-cockaded Woodpecker Habitat
Management Plan.
c) For non-clustered residential development, ninetv percent (90%) of the slash
pine trees shall be preserved, and a greater amount may be preserved at the
discretion of the property owner, unless a Red-cockaded Woodpecker Habitat
Management Plan is prepared and it recommends a lesser amount.
d) For non-residential development, native vegetation shall be preserved in a
manner which is consistent with the Habitat Management Plan reQuired in
Words underlined are added; words strl,jck tllrsl,jgll are deleted.
14
Future Land Use Element
Remedial Amendment to BCC
12/14/10 BCC hearing
subparagraph f.6) below and with the Conservation and Coastal Management
Element, Policy 6.1.2e.-g., as that policy exists on September 28, 2010.
4) Non-residential Use Location: Non-residential uses shall be located in an area of
the property determined by the best available data, including the Red-cockaded
Woodpecker Habitat Management Plan, to be most appropriate for non-residential
development.
5) Non-residential Use Habitat Management Plan Requirement: For non-residential
development. Bucklev shall participate in a Red-cockaded Woodpecker Habitat
Management Plan and the requirements outlined in subparagraph f.6) below, and
shall expend a sum of money to promptly implement the associated Red-cockaded
Woodpecker Habitat Management Plan. This amount shall be $30.000,00 plus
five (5) percent per vear as an inflation adjustment. Once the Red-cockaded
Woodpecker Habitat Management Plan is implemented, Bucklev shall fully fund
the ongoing maintenance costs.
6) Safe Harbor Agreement: Clustered residential development, and non-residential
development, is subject to the following requirements:
a) Buckley shall apply for and pursue a Safe Harbor Agreement with associated
Red-cockaded Woodpecker Habitat Management Plan with the U.S. Fish and
Wildlife Service for the approximately 81 acres of land they own in Section
24 that are described in subparagraph f, above,
b) If approved, the Red-cockaded Woodpecker Habitat Management Plan shall
require such management techniques as the mechanical or manual thinning of
trees and understory, and the removal of combustible materials to levels which
would permit a "controlled bum" that would not destrov, but would maintain,
the presence of a sufficient amount of slash pine trees for Red-cockaded
Woodpecker foraging and cavity tree nests.
c) Bucklev shall pay all legal and permitting fees related to their effort to obtain
approval of the Safe Harbor Agreement. Additionallv, if successful in
obtaining a Safe Harbor Agreement, Bucklev shall expend a sum of money to
promptlv implement the associated Red-cockaded Woodpecker Habitat
Management Plan. This amount shall be $30,000.00 plus five (5) percent per
year as an inflation adjustment. Once the Red-cockaded Woodpecker Habitat
Management Plan is implemented, Bucklev shall fully fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red-cockaded Woodpecker
Habitat Management Plan must provide that Bucklev can develop 16
residential dwelling units in the areas uncolored and labeled "Bucklev" as set
forth on the North Belle Meade Overlay Section 24 Map. The Red-cockaded
Woodpecker Habitat Management Plan must also delineate the maximum area
that may be cleared, in accordance with the applicable provisions of the
Words underlined are added; words !:tr~€k tf:1re~g'" are deleted,
15
Future Land Use Element
Remedial Amendment 10 Bee
12/14/10 Bee hearing
Growth Management Plan, within the areas uncolored and labeled "Bucklev"
set forth on the North Belle Meade Overlay Section 24 Map. The Safe Harbor
Agreement must allow 20% of Buckley's approximately 81 acres
(approximately 16 acres) to be cleared when development occurs.
e) Once the Red-cockaded Woodpecker Habitat Management Plan is
imolemented, the County shall defer to the federal and state agencies as to
protection of other state and federal listed species that may be present on the
approximate 81 acres of land owned by Buckley and uncolored and labeled
"Buckley" on the North Belle Meade Overlav Section 24 Map. Buckley shall
comply with all federal and state listed species criteria for development within
the areas that will be allowed to be cleared pursuant to the Safe Harbor
Agreement.
f) The County shall not comment to any of the state and federal permitting
agencies during the permitting process for the Buckley parcels so long as the
following takes place:
(1) Residential development is clustered as provided herein: and
(2) The Safe Harbor Agreement with associated Red-cockaded Woodpecker
Habitat Management Plan is approved and being implemented: and
(3) The conservation easement or fee simple title is granted to the appropriate
entity for management of the Red-cockaded Woodpecker habitat. as
reQuired in subparagraph 3)b) above: and
(4) Permit applications are consistent with all provisions herein for Hideout
property and all other provisions of the Collier County comprehensive
plan, except they are not subiect to:
(a) The Conservation and Coastal Management Element, Objective 2.1
and subseQuent policies: Goal 6 and subseQuent objectives and
policies, excluding (are subject to) policies 6.1.2e.-g.. 6.1.4, 6.1.5, and
6,1.7: and, Goal 7 and subseQuent objectives and oolicies: and
(b) the Future Land Use Element, Rural Fringe Mixed Use District.
Neutral Lands, paragraph 2., Clustering, subparagraph d). minimum
proiect size: Paragraph 3. Allowable Uses, subparagraphs 3.a). d)
through h). j) through p). r) and s) [these excepted uses are prohibitedl:
paragraph 5, Density Blending [this provision is not available for these
parcels l.
g) Should Buckley be unable to secure an acceptable Safe Harbor Agreement
with associated Red-cockaded Woodpecker Habitat Management Plan, or
should the cost of implementing the Red-cockaded Woodpecker Habitat
Management Plan exceed the sum of $30.000.00 plus the inflation factor set
forth herein and no additional funding can be obtained, then Bucklev shall be
deemed to have satisfied their Safe Harbor Agreement and associated Red-
Words underlined are added; words strljc:k tl'lreJljgl'l are deleted,
16
Future Land Use Element
Remedial Amendment to BCC
12/14110 BCC hearing
cockaded Woodpecker Manal!ement Plan oblil!ations set forth herein with the
contribution of $30,000.00 toward management of the Red-cockaded
Woodpecker habitat. In such an event, the remaining provisions and
requirements relatinl! to density, clusterinl!, preservation and any other
applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 6)0(4) above, shall
remain effective and applicable to the Buckley parcels in Section 24.
*** ***
***
***
***
*** *** *** *** *** ***
***
***
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent by Policy (5.9,5, I 0,5,1 I) Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed WeIIfields and ASRs Map
Future Land Use Map Rivers and Floodplains
Future Land Use Map Estuarine Bays
Future Land Use Map Soils
Existing Commercial Mineral Extraction Sites Map
Bayshore/Gateway Triangle Redevelopment Overlay Map
Stewardship Overlay Map
Rural Lands Study Area Natural Resource Index Maps
North Belle Meade Overlay Map
North Belle Meade Overlav Section 24 Map
[no further changes]
Words underlined are added; words strl:lf:k tRrSl:lgt:l are deleted,
17
Conservation and Coastal Management Element
Remedial Amendment to Bee
12/14/10 Bee hearing
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
GOAL 6:
THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND
APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES
AND WILDLIFE HABITAT.
OBJECTIVE 6.1:
The County shall protect native vegetative communities through the application of minimum
preservation requirements. The following policies provide criteria to make this objective
measurable. These policies shall apply to all of Collier County except for that portion of the
County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands
Stewardship Area Overlay
Policy 6.1.2:
For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native
vegetation shall be preserved on site through the application of the following preservation and
vegetation retention standards and criteria:
Preservation and Native Vegetation Retention Standards:
*** *** *** *** *** *** *** *** *** *** *** *** ***
b. Neutral Lands:
A minimum of60% of the native vegetation present, not to exceed 45% of the total site
area shall be preserved, except as provided in the North Belle Meade Overlav in the
Future Land Use Element tHat; for Section 24, Township 49 South, Range 26 East,
loeated iR the North Belle Meade Overlay, a minimum of 70% of the Rati'le yegetatioR
preseRt, Rot to exeeed 70% of the total site area, shall be preserved.
Words underlined are added; words strl:ltk tRrel:lgR are deleted,
EXHIBIT "A"
PETITION CPR-2111ll-4
NORTH BELLE MEADE OVERLAY SECTION 24 MAP
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-49
Which was adopted by the Board of County Commissioners
on the 14th day of December, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 2010.
. '
DWIGHT E. BROCK..,.<:';')' ~~.
Clerk of Court~"antl'''Clerk>
. . l . ........ ' .
Ex-officio to,~9'~r? 'pf., ',-~
County CommisSiooe'17s', .... ",
^ . .. . ~', .~~~{:):':-;:
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, '.:' J:.nc3'~
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By: Ann Jennejohn,
Deputy Clerk