Ordinance 2011-40• 1 � 1r,_ S a�
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ORDINANCE NO. 2011- 4 0
Al`s- RDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED,
\``�QeR7o7►29-, COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE
INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE
ELEMENT, AND FUTURE LAND USE MAP AND MAP SERIES AND THE
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
SPECIFICALLY TO ADD ACREAGE TO THE URBAN MIXED USE
ACTIVITY CENTER #7; TO ALLOW ACCESS TO A BUSINESS PARK
SUBDISTRICT THROUGH THE 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 ADOPTION TRANSMITTAL OF THE AMENDMENTS"-
TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR ANA
_ _,
EFFECTIVE DATE.
j
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., 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 Community Planning Act of 2011 provides authority for local governments
to amend their respective comprehensive plans and outlines certain procedures to amend adopted
comprehensive plans; and
WHEREAS, David Torres, of Hacienda Lakes of Naples, LLC, Dwight Nadeau, of RWA,
Incorporated, and Richard Yovanovich, Esquire of Coleman, Yovanovich, and Koester, P.A.
requested amendments to the Future Land Use Element and the Future Land Use Map and Map
Series, and the Conservation and Coastal Management Element of the Growth Management Plan to
reconfigure the boundary and size of the Southeast Quadrant of Mixed Use Activity Center No. 7
(Rattlesnake Hammock Road and Collier Boulevard) to increase the maximum allowable density
that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project
lying in more than one Future Land Use designation through enhanced utilization of eligible
Transferable Development Rights (TDRs); provide a definitive access provision for a Business Park
located in the URF portion of a project; and to allow for native vegetation preservation in the URF
portion of a project to be shifted to the Rural Fringe Mixed Use District (RFMUD) Sending lands
portion of the project when the required amount of native vegetation preservation proportionally
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Petition No. CP- 2006 -11
Revised 10/13/11
increased in the Sending lands portion of the project as they relate to proposed Hacienda Lakes
Development of Regional Impact (DRI) and mixed -use project Planned Unit Development (MPUD)
requests. The property is located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South,
Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, consisting of 2,262±
acres; and
WHEREAS, Collier County did submit these Growth Management Plan amendments to the
Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Future Land Use Element and Future Land Use Maps and Map Series, and the Conservation and
Coastal Management Element to the Growth Management Plan and transmitted its findings in
writing to Collier County within the time provided by law; and
WHEREAS, Collier County has no time limit from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs (for DRI-
related amendments) to adopt, adopt with changes or not adopt the proposed amendments to the
Growth Management Plan; 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 Future Land
Use Element and the Conservation and Coastal Management Element to the Growth Management
Plan on October 25, 2011; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report; the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the meetings
of the Collier County Planning Commission held on July 21, 2011, and August 4, 2011, and the
Collier County Board of County Commissioners held on October 25, 2011; 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 AMENDMENTS TO THE GROWTH
MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts these amendments to the Future Land
Use Element and the Conservation and Coastal Management Plan Element, in accordance with
Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as
Exhibit "A" and are incorporated by reference herein.
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Petition No. CP- 2006 -11
Revised 10/13/11
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 this plan amendment, if the amendment is not timely challenged, shall
be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective on
the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 25th day of October, 2011.
ATTEST:,
DM(Jq -E_ B°ROCK, CLERK
4C•
4 ep lerk
Approved as to form and
legal sufficiency:
A, J4 A--
Heidi Ash on- ie o
Assistant County Attorney
Section Chief, Land Use /Transportation
CP\ 10 -CMP- 00788 \47
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairniml
This ordinance filed with the
Secretary of State's Office the
day of _,.jP!* —'i -, 2D"
and acknow!edgemr ^t of that
oifNgJcrec ed t ,i I day
J3 Deputy Clerk
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Petition No. CP- 2006 -11
Revised 10/13/11
Page 3 of 3
Exhibit A
PART ONE of SIX:
Future Land Use Element
URBAN DESIGNATION
CP- 2006 -11
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 , of and either "a" or
"b" below:
a. Up to 2-.5 1_0 units per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary and
designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties
that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands
designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the
Density Rating System, which may achieve an additional maximum density of up to 1.3 units
per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3
dwelling units (transferable development rights) per acre from lands located within one mile of
the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, or, iR
b. In 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 pafagrap below.
Within the Urban Residential Fringe, rezone requests are not subject to the density rating system
except as specifically provided below for the Affordable - workforce Housing Density Bonus All
rezones are encouraged to be in the form of a planned unit development Proposed development in
the Subdistrict shall be fully responsible for all necessary water management improvements including
the routing of all on -site and appropriate off -site water through the proiect's water management
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.
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CP- 2006 -11
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:
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 seweF wastewater treatment
facilities (from the urban designated portion of the project) to serve the entire project,
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C P- 2006 -11
unless alternative interim seweF -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 vegetation shall be preserved as follows:
M 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 projects where the native
vegetation requirement for the Sending Lands portion of the proiect is the
maximum required 60 percent of the total Sending Land area, in order to
promote greater preservation of the highest quality wetlands and listed species
habitat, the required native vegetation for the Urban portion of the proiect may
be shifted by providing native vegetation preservation in the Sending Lands
portion of the proiect exceeding the 60% maximum preservation requirement as
set forth in subsection (2) below. The ratio for such native vegetation
preservation shall be two acres of Sending Lands (exceeding the 60%
maximum preservation requirement) for each acre below the required amount
of native vegetation for the Urban portion of the proiect. In no instance shall
less than 10 percent of the required amount of native vegetation be retained in
the Urban portion of the proiect. Significant Archeological Sites identified by the
State of Florida Division of Historic Resources shall be preserved and cannot
be mitigated for. F=GF there lands ;Ahthon t e pFgjeGt designated as Sending, the
0 Gf the native
vc�c4.ii�n nevi 4i. —....—...J i2no% ..i 4L... 4-4 -1 ..- .......i ........ .J...........a.J
id shall not be GOF;sideFed as imparted aFeas. These wetland aFeas
For those lands within the proiect designated as Sending the native vegetation
preservation requirement shall be 90% of the native vegetation, not to exceed
60% of the total proiect area designated as Sending, unless the provisions
found in subsection (1) above are met.
Wetland areas that are impacted through the development process, but which
result in enhanced wetland function, including habitat and/or flowways shall be
considered as part of the native vegetation requirement set forth in this
provision and shall not be considered as impacted areas. These wetland areas
and /or flowways may be used for water storage provided that the water
discharged 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:
[Insert new language — FLUE Page 50]
2. Density Bonuses
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.
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 Fringe and the
Rural Fringe Mixed Use Sending Lands designations, and meet the other Density
Blending criteria provided for in subsection 5.2 of the Density Rating System, which
may transfer TDRs from Sending Lands located within one mile of the Urban Boundary
into lands designated Urban Residential Fringe, at a maximum density increase of 1.3
units per gross acre.
PART FOUR of SIX:
URBAN DESIGNATION
[amend language — FLUE Pages 56 -57]
C. Urban Commercial Subdistrict
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 Quadrant may have
a total of 49.2 acres, for a total of 47-9 188.2 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
[Insert new language — FLUE Pages 31 -32]
A. Urban Mixed Use District
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, Ranqe 26 East may have access to an arterial
road via The Lords Way, provided it meets County road right -of -way standards for a business
park.
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PART SIX of SIX:
Conservation and Coastal Management Element
GOAL 6:
OBJECTIVE 6.1:
CP- 2006 -11
[Insert new language — CCME Pages 18 -21]
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.
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
In order to promote greater preservation of the highest quality wetlands and listed species
habitat the required native vegetation for the Urban portion of the project may be shifted by
Providing native vegetation preservation in the Sending Lands portion of the project exceeding
the 60% maximum preservation requirement found in Density Blending provisions of the FLUE
for proiects that:
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Coastal High Hazard
Non - Coastal High Hazard Area
Area
Residential and Mixed
Less than 2.5 acres 10%
Less than 5 acres. 10%
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.
In order to promote greater preservation of the highest quality wetlands and listed species
habitat the required native vegetation for the Urban portion of the project may be shifted by
Providing native vegetation preservation in the Sending Lands portion of the project exceeding
the 60% maximum preservation requirement found in Density Blending provisions of the FLUE
for proiects that:
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C P- 2006 -11
(a) Are under unified control
(b) Straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands
designations, and,
(c) Meet the maximum required 60 percent preservation requirement for the Sending
Lands portion of the project.
The preservation ratio shall be two acres of Sending Lands (exceeding the 60% maximum
Preservation requirement) for each acre below the required amount of native vegetation for the Urban
portion of the proiect. In no instance shall less than 10 percent of the required amount of native
vegetation be retained in the Urban portion of the proiect Significant Archeological Sites identified by
the State of Florida Division of Historic Resources shall be preserved and cannot be mitigated for
WOES Planning ServioWCompn;hensivelCOMP PLANNING GMP DATAIComp Plan Amendawts12006 Cycie PetltionslCP- 2006 -11 FLUE -CCME Hacienda Lakes of
NaplesMoption ExhibitA's1CP-06 -11 BCC Adoption Exhibit A.docx
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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 2011 -40
Which was adopted by the Board of County Commissioners
on the 25th day of October, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of October, 2011.
DWIGHT E. BROCK
Clerk of Courtp � ` i rk4
Ex- officio to ,ard 'of.'�y
c?
County Comm V 1e r)
J
By: Martha Vefg�
Deputy Clerk