Resolution 2011-032
RESOLUTION NO. 11- 32
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING
THE FUTURE LAND USE ELEMENT, AND FUTURE LAND USE
MAP AND MAP SERIES AND THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT TO ADD ACREAGE TO
THE URBAN MIXED USE ACTIVITY CENTER #7; TO ALLOW
ACCESS TO A BUSINESS PARK SUBDISTRICT THROUGH
LORD'S WAY; TO INCREASE DENSITY IN THE URBAN
RESIDENTIAL FRINGE SUBDISTRICT AND TO ALLOW FOR
THE TRANSFER OF NATIVE VEGETATIVE RETENTION FROM
THE URBAN AREA TO THE SENDING AREA AND INCREASE
THE 60% CAP ON NATIVE VEGETATION IN THE TOTAL
PROJECT AREA DESIGNATED AS SENDING AREAS AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Collier County has prepared plan amendments to the following elements of
its Growth Management Plan:
Future Land Use Element, including the Future Land Use Map and Map Series, and
Conservation and Coastal Management Element; and
WHEREAS, the Collier County Planning Commission (CCPC) on January 20, 2011
considered the proposed amendment to the Growth Management Plan pursuant to the authority
granted to it by Section 163.3174, Florida Statutes, and recommended approval of said
amendment to the Board of County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
amendment, various State agencies and the Department of Community Affairs (DCA) have
ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to
Collier County, its comments along with any objections and/or recommendations for
modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and
CP-2006-11 GMP Transmittal Resolution per 10-CMP-00788
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WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt,
adopt with changes or not adopt the proposed Growth Management Plan amendment, within
sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted
Growth Management Plan amendment, must review and determine if the Plan amendment is in
compliance with the Local Government Comprehensive Planning and Land Development Act of
1985, the State Comprehensive Plan, the appropriate Regional Policy Plan and Rule 9J-5,
Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby approves the proposed Growth
Management Plan amendment, attached hereto as Exhibit A and incorporated by reference
herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating
the required State evaluation of the Growth Management Plan amendment, prior to final
adoption and State determination of compliance with the Local Government Comprehensive
Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative
Code, Minimum Criteria for Review of Local Government Comprehensive Plans and
Determination of Compliance.
THIS RESOLUTION ADOPTED after motion, second and majority vote this 8th day of
February. 2011.
ATTEST:
DWIGHT ~., @ROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
~wc+
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
~i~t~~it 00
Assistant County Attorney
Section Chief, Land UselTransportation
CP-2006-11 GMP Transmittal Resolution per 10-CMP-00788
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CP-2006-11
Exhibit A
PART ONE of SIX:
Future Land Use Element
I. URBAN DESIGNATION
A. Urban Mixed Use District
[Insert new language - FLUE Page 29]
2. Urban Residential Fringe Subdistrict:
The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area
and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed
Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross
acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., Gf and either "a" or
"b" below:
a. Up to 2,..6 1.0 units per gross acre via the transfer of up to one (1Jll dwelling unit (transferable
development riaht) per acre from lands located within one mile of the Urban Boundarv and
designated as Rural Fringe Mixed Use District Sending Lands. except in the case of properties
that straddle the Urban Residential Frinae and the Rural Frinae Mixed Use Sendina Lands
desianations. and meet the other Density Blendina criteria provided for in subsection 5.2 of the
Density Ratina SYstem. which may achieve an additional maximum density of UP to 1.3 units
per aross acre via the transfer of UP to 1.3 dwellina units (transferable development riahts) per
acre from lands located within one mile of the Urban Boundarv and desianated as Rural Frinae
Mixed Use District Sendina Lands: or, fA
b. !n the case of properties specifically identified below, a density bonus of up to 6.0 additional
units per gross acre may be requested for projects providing affordable-workforce housing
(home ownership only) for low and moderate income residents of Collier County, pursuant to
Section 2.06.00 of the Land Development Code, or its successor ordinance, except as
provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are
not subject to the density r3ting system, except os specifically provided in c. belo':J, but are
subject to the following conditions:
Within the Urban Residential Frinae. rezone reauests are not subiect to the density ratina system.
except as specifically provided below for the Affordable-workforce Housina Density Bonus. All
rezones are encouraaed to be in the form of a planned unit development. Proposed development in
the Subdistrict shall be fullv responsible for all necessary water manaaement improvements. includina
the routina of all on-site and appropriate off-site water throuah the proiect's water manaaement
system. and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made
necessary by new development in the Subdistrict.
a. ,6.11 rezones are encouroged to be in the form of a planned unit de'Jelopment;
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CP-2006-11
b. Proposed development in the area sholl be fully responsible for all necessary water management
improvements, including the routing of all on site and appropriate off site water through the projeGt's
'Nater management system, and a fair share cost of necessary improvements to the CR 951
canal/oblt fall system made necessary by new development in the area; and,
Er. Properties eligible for the Affordable-workforce Housing Density Bonus (home ownership only) will
be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed
and approved in accordance with the conditions and procedures set forth in Section 2.06.00 of the
Land Development Code, except that, Section 2.06.03 shall not apply, and the number of dwelling
units required to be sold to buyers earning 80% or less of Collier County's median income, as
calculated annually by the Department of Housing and Urban Development (HUD), shall be at least
thirty percent (30%).
The following properties are eligible for an Affordable-workforce Housing Density Bonus (home
ownership only) of up to 6.0 additional dwelling units per acre.
1. Property located on the East side of Collier Boulevard (C.R. 951), approximately...
PART TWO of SIX:
I. URBAN DESIGNATION
B. DENSITY RATING SYSTEM
[Insert new language - FLUE Pages 51 - 53]
5. Density Blending:
This provision is intended to encourage unified plans of development and to preserve wetlands,
wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed
Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the
Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under
unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the
allowable gross density for such properties in aggregate may be distributed throughout the project,
regardless of whether or not the density allowable for a portion of the project exceeds that which is
otherwise permitted, when the following conditions are met:
* ** *** **** *** ***** *** **** *** ** *
2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential
Fringe Sub-District and Rural Fringe Mixed Use District Sending lands:
(a) The project must straddle the Urban Residential Fringe Sub-District and the Rural
Fringe Mixed Use District Sending Lands;
(b) The project in aggregate must be a minimum of 400 acres;
(c) At least 25% of the project must be located within the Urban Residential Fringe Sub-
District. The project must extend central water and &ewef wastewater treatment
facilities (from the urban designated portion of the project) to serve the entire project,
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CP-2006-11
unless alternative interim sewer and water and wastewater treatment provisions are
authorized by Collier County;
(d) The Project is currently zoned or will be zoned PUD;
(e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to
be located on impacted or disturbed lands, or it is demonstrated that the development
on the site is to be located so as to preserve and protect the highest quality native
vegetation and/or habitat on-site and to maximize the connectivity of such native
vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas;
(f) Native veaetation shall be preserved as follows:
ill The Urban portion of the project shall comply with the native vegetation
requirements identified in the Conservation and Coastal Management Element
(for Urban designated lands), or in the case of proiects where the native
veaetation reQuirement for the Sendina Lands portion of the proiect is the
maximum reauired 60 percent of the total Sendina Land area. in order to
promote areater preservation of the hiahest auality wetlands and listed species
habitat. the reauired native veaetation for the Urban portion of the project may
be shifted by providina native veaetation preservation in the Sendina Lands
portion of the project exceedina the 60% maximum preservation reQuirement as
set forth in subsection (2) below. The ratio for such native veaetation
preservation shall be two acres of Sendina Lands (exceedina the 60%
maximum preservation reauirement) for each acre below the reauired amount
of native veaetation for the Urban portion of the project. In no instance shall
less than 10 percent of the reauired amount of native veaetation be retained in
the Urban portion of the project. Sianificant Archeoloaical Sites identified by the
State of Florida Division of Historic Resources shall be preserved and cannot
be mitiaated for. For those lands within the projeElt designated as Sending, the
nati'/e vegetation preservation requirement shall be 90% of the nati'Jo
vegetation, not to exceod 60% of the tot:lI projeGt area designated as Sending.
'.^.'etland areas that are impacted through the development proEless, but which
result in enhanced '....etland function, including habitat and/or f1o'/J!JJays, shall be
considered 3S part of the nati'.'e '.'egetation requirement set forth in this
provision and shall not be considered as impacted areas. These wetland ar.eas
and/or flolJNlays may be used for '.vater storage provided that the 'Nater
discharged in these areas is pre treated.
m For those lands within the proiect desianated as Sendina. the native veaetation
preservation reauirement shall be 90% of the native veaetation. not to exceed
60% of the total proiect area desianated as Sendina. unless the provisions
found in subsection (1) above are met.
Q1 Wetland areas that are impacted throuah the development process. but which
result in enhanced wetland function. includina habitat and/or fJowways. shall be
considered as part of the native veaetation reQuirement set forth in this
provision and shall not be considered as impacted areas. These wetland areas
and/or fJowways may be used for water storaae provided that the water
discharaed in these areas is pre-treated.
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CP-2006-11
(g) Permitted uses for density blending under this provIsion include residential
development and associated amenities, including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying land use designation.
PART THREE of SIX:
B. DENSITY RATING SYSTEM:
2. Density Bonuses
[Insert new language - FLUE Page 50]
Consistency with the following characteristics may add to the base density. Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the rezone criteria in
the Land Development Code.
f. Transfer of Development Rights Bonus
To encourage preservation/conservation of natural resources, density transfers are permitted
as follows:
(c) From Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe, at a maximum density increase of one (1) unit
per gross acre. except for properties that straddle the Urban Residential Frinae and the
Rural Frinae Mixed Use Sendina Lands desianations. and meet the other Density
Blendina criteria provided for in subsection 5.2 of the Density Ratina SYstem. which
may transfer TDRs from Sendina Lands located within one mile of the Urban Boundarv
into lands desianated Urban Residential Frinae. at a maximum density increase of 1.3
units per aross acre.
PART FOUR of SIX:
URBAN DESIGNATION
C. Urban Commercial Subdistrict
[amend language - FLUE Pages 56-57]
1. Mixed Use Activity Center Subdistrict
2. The allowable land uses for a Master Planned Activity Center shall be the same as for
other designated Activity Centers; however, a Master Planned Activity Center
encompassing the majority of the property in two or more quadrants shall be afforded
the flexibility to redistribute a part or all of the allocation from one quadrant to another,
to the extent of the unified control. The maximum amount of commercial uses allowed
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CP-2006-11
at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant
for a total of 160 acres maximum in the entire Activity Center; the balance of the land
area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers.
The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake
Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the
northeast quadrant may have a total of 59 acres and the southeast auadrant may have
a total of 49.2 acres, for a total of 4+Q 188.2 acres maximum in the entire Activity
Center;
FUTURE LAND USE MAP SERIES
[amend in order]
Activity Center No. 7 - Rattlesnake Hammock Road and Collier Boulevard Mixed Use Activity Center
· amend inset map depicting new MUAC boundary, instead of revision to the Future Land Use
Element Countywide FLUM.
PART FIVE of SIX:
URBAN DESIGNATION
A. Urban Mixed Use District
[Insert new language - FLUE Pages 31-32]
4. Business Park Subdistrict
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial
uses, designed in an attractive park-like environment with low structural density where building
coverage ranges between 25% to 45% and where landscaped areas provide for buffering and
enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a
Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District
and may include the general uses allowed within each District, the specific uses set forth below, and
shall comply with the following general conditions:
* ** *** **** *** ***** *** **** *** ** *
h. When located in a District other than the Urban Industrial District, the Business Park must have
direct access to a road classified as an arterial in the Transportation Element. except that a
Business Park in Section 14. Township 50 South. Ranae 26 East may have access to an arterial
road via The Lords Wav.
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CP-2006-11
PART SIX of SIX:
Conservation and Coastal Manaaement Element
GOAL 6:
[Insert new language - CCME Pages 18-21]
OBJECTIVE 6.1:
Policy 6.1.1:
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area,
and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District
as designated on the FLUM, native vegetation shall be preserved through the application of the
following preservation and vegetation retention standards and criteria, unless the development occurs
within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future
Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all
non-agricultural development except for single-family dwelling units situated on individual parcels that
are not located within a watershed management conservation area identified in a Watershed
Management Plan developed pursuant to policies supporting Objective 2.1 of this Element.
Coastal High Hazard Non-Coastal High Hazard Area
Area
Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 1 0%
Use Development Equal to or greater Equal to or greater than 5 acres
than 2.5 acres 25% and less than 20 acres. 15%
Equal to or
greater than 20 ac. 25%
.
Golf Course 35% 35%
Commercial and Less than 5 acres. 10% Less than 5 acres. 10%
Industrial Equal to or greater Equal to or
Development than 5 acres. 15% greater than 5 acres. 15%
Industrial 50%, not to exceed 25% 50%, not to exceed 25% of the
Development (Rural- of the project site. project site.
Industrial District only)
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
* ** *** **** *** ***** *** **** *** ** *
.L.Ml In order to promote areater preservation of the hiahest auality wetlands and listed species
habitat the reauired native veaetation for the Urban portion of the proiect may be shifted bv
providina native veaetation preservation in the Sendina Lands portion of the proiect exceedina
the 60% maximum preservation reauirement found in Densitv Blendina provisions of the FLUE
for proiects that:
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CP-2006-11
(a) Are under unified control.
(b) Straddle the Urban Residential Frinae and the Rural Frinae Mixed Use Sendina Lands
desianations. and.
(c) Meet the maximum reauired 60 percent preservation reauirement for the Sendina
Lands portion of the proiect.
The preservation ratio shall be two acres of Sendina Lands (exceedina the 60% maximum
preservation reauirement) for each acre below the reauired amount of native veaetation for the Urban
portion of the proiect. In no instance shall less than 10 percent of the reauired amount of native
veaetation be retained in the Urban portion of the proiect. Sianificant Archeoloaical Sites identified by
the State of Florida Division of Historic Resources shall be preserved and cannot be mitiaated for.
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NaplesIExhibitA'sICP-06-11 BCC Transmittal Exhibit Adocx
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