Resolution 2013-014 RESOLUTION NO. 13- 14
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 ELEMENT RELATING TO THE
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
OVERLAY AND DENSITY BONUSES, AND FURTHERMORE
RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985, 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, Collier County Community Redevelopment Agency staff has initiated an
amendment to the Future Land Use Element to change the density bonuses allowed in the
Bayshore/Gateway Triangle Redevelopment Overlay; and
WHEREAS, on November 1, 2012, the Collier County Planning Commission considered
the proposed amendment to the Growth Management Plan pursuant to the authority granted to it
by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
WHEREAS, on January 8, 2013, the Board of County Commissioners at a public hearing
approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier
County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
Words underlined are additions; Words struck E-thfaugh are deletions 1
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WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
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 Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this 9
day of January, 2013.
ATTEST: BOA'.1 OF COUNTY COMMISSIONERS
DWIGHT E. BROCIK, CLERK COL IE:J C�1 TY `FLORIDA
(11A3414) - -.:(4114t-C14' 5r--- BY: _
, Deputy Clerk ORGIA A. HILLER, ESQ.
At is to Cha t rsd ? Chairwoman
a*AU.*le to,
Appr ved as to form and legal sufficiency:
ii-j - t LI( ir CO
A
eidi Ashton-Cicko OA t
Managing Assistant County Attorney
Attachment: Exhibit "A"
PL20120001213/CP-2012-3
CP\12-CMP-00865\16—Rev. 12/13/12
Words underlined are additions; Words struck trough are deletions 2
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EXHIBIT "A"
CP-2012-3
FUTURE LAND USE ELEMENT
IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
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OBJECTIVE 5
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Policy 5.1:
All rezonings must be consistent with this Growth Management Plan. For properties that are zoned
inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9
through 5.13, the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed provided the new
zoning district is the same or a lower intensity commercial zoning district as the existing
zoning district, and provided the overall intensity of commercial land use allowed by the
existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning
district. The foregoing notwithstanding, such commercial properties may be approved for
the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict,
though an increase in overall intensity may result. A zoning change of such commercial-
zoned properties to a residential zoning district is allowed as provided for in the Density
Rating System of this Future Land Use Element and as provided for in the
Bayshore/Gateway Triangle Redevelopment Overlay.
b. For such industrially-zoned properties, zoning changes will be allowed provided the new
zoning district is the same or a lower intensity industrial, or commercial, zoning district as
the existing zoning district, and provided the overall intensity of industrial land use allowed
by the existing zoning district is not exceeded in the new zoning district.
c. For such residentially-zoned properties, zoning changes will be allowed provided the
authorized number of dwelling units in the new zoning district does not exceed that
authorized by the existing zoning district, and provided the overall intensity of development
allowed by the new zoning district does not exceed that allowed by the existing zoning
district, except as provided for in the the Bayshore/Gateway Triangle Redevelopment
Overlay.
d. Any property deemed consistent may be combined and developed with other abutting
property provided the density and intensity of development derived from the property
deemed consistent is not increased.
e. Overall intensity of development shall be determined based upon a comparison of public
facility impacts as allowed by the existing zoning district and the proposed zoning district.
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I. URBAN DESIGNATION
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B. DENSITY RATING SYSTEM:
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1. The Density Rating System is applied in the following manner:
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e. All new residential zoning located within Districts, Subdistricts and Overlays identified
above that are subject to this Density Rating System shall be consistent with this
Density Rating System, except as provided in:
1) Policy 5.1 of the Future Land Use Element.
2) The Urban Mixed Use District for the "vested" Port of the Islands development.
3) The Buckley Mixed Use Subdistrict.
4) The Commercial Mixed Use Subdistrict.
5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict.
6) Livingston/Radio Road Commercial Infill Subdistrict.
7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict.
8) The Bayshore/Gateway Triangle Redevelopment Overlay
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C. Urban Commercial District
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1. Mixed Use Activity Center Subdistrict
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For residential-only development, if a project is located within the boundaries of a Mixed Use
Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe
Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located
within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe
Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by
the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a
project is located within the boundaries of a Mixed Use Activity Center which is within the Urban
Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a
residential-only project located partially within and partially outside of an Activity Center, the
density accumulated from the Activity Center portion of the project may be distributed throughout
the project.
Mixed-use developments - whether consisting of residential units located above commercial uses,
in an attached building, or in a freestanding building - are allowed and encouraged within Mixed
Use Activity Centers. Density for such a project is calculated based upon the gross project
acreage within the Activity Center. If such a project is located within the boundaries of a Mixed
Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within
the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a
project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban
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Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall
be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle
Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity
Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed
by that Subdistrict. For a project located partially within and partially outside of an Activity Center,
and the portion within an Activity Center is developed as mixed use, some of the density
accumulated from the Activity Center portion of the project may be distributed to that portion of the
project located outside of the Activity Center. In order to promote compact and walkable mixed
use projects, where the density from a mixed use project is distributed outside the Activity Center
boundary:
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V. OVERLAYS AND SPECIAL FEATURES
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F. Bayshore/Gateway Triangle Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map,
is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the
Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to
encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing
incentives that will encourage the private sector to invest in this urban area. This Overlay allows
for additional neighborhood commercial uses and higher residential densities that will promote the
assembly of property, or joint ventures between property owners, while providing interconnections
between properties and neighborhoods. The intent of this Overlay is to allow for more intense
development in an urban area where urban services are available. Sae-AF-more Two zoning
overlays have been will-be adopted into the Collier County Land Development Code to aid in the
implementation of this Overlay. The following provisions and restrictions apply to this Overlay:
1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such
development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel
use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and,
uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian
oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby
residential areas. The intent is to encourage pedestrian use of the commercial area and to
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provide opportunity for nearby residents to access these commercial uses without traveling
onto major roadways. Parking facilities are encouraged to be located in the rear of the
buildings with the buildings oriented closer to the major roadway to promote traditional urban
development.
2. Residential uses are allowed within this Overlay. Permitted density shall be as determined
through application of the Density Rating System, and applicable FLUE Policies, except as
provided below and except as may be limited by a zoning overlay.
3. Non-residential/non-commercial uses allowed within this Overlay include essential services;
parks, recreation and open space uses; water-dependent and water-related uses; child care
centers; community facility uses; safety service facilities; and utility and communication
facilities.
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4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84)
and/or Airport-Pullinq Road are allowed a maximum density of 12 residential units per acre. In
order to be eligible for this higher density, the project must be integrated into a mixed-use
development with access to existing neighborhoods and adjoining commercial properties and
comply with the standards identified in Paragraph #8, below, except for mixed use projects
developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway
Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the
maximum density of 12 units per acre, with development standards as contained in the
Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance
No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63), and as may be
amended. For projects that do not comply with the requirements for this density increase, their
density is limited to that allowed by the Density Rating System and applicable FLUE Policies,
except as may be limited by a future zoning overlay.
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5. Proper-ties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pullinq
Road or US 41 East, are allowed to develop as a residential-only project at a maximum density
of 8 residential units per acre. In order to be eligible for this higher density the development
must comply with the following:
a. Density bonus units must be approved by the Community Redevelopment Agency Board.
b. Project must be in the form of a PUD.
c. Project site must comprise a minimum of three acres.
d. For projects that do not comply with the requirements for this density increase, their density
is limited to that allowed by the Density Rating System and applicable FLUE Policies,
except as may be limited by the Bayshore Drive or Gateway Triangle Mixed Use Overlay
Districts in the Collier County Land Development Code.
6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will
continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density
may also be increased as provided for in paragraph 5, above. In either instance, the
development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle
Mixed Use Overlay District, whichever is applicable, shall apply to all new development. A
7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle
Redevelopment Overlay allow uses, densities and development standards that are inconsistent
with the uses, densities and development standards allowed within this Overlay. These
properties are allowed to develop and redevelop in accordance with their existing zoning until
such time as a zoning overlay is adopted which may limit such uses, densities and
development standards.
8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and#5 above, mixed
use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with
the foNewing-desiqn standards of the Bayshore Drive Mixed Use Overlay District or Gateway
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Triangle Mixed Use Overlay District jr the Collier County Land Development Code, whichever
is applicable.
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9. For density bonuses provided for in paragraphs #4 and #5 above, base density shall be as per
the underlying zoning district. The maximum density of 12 or 8 units per acre shall be
calculated based upon total project acreage. The bonus density allocation is calculated by
deducting the base density of the underlying zoning classification from the maximum density
being sought. The difference in units per acre determines the bonus density allocation
requested for the project.
9.10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as
provided in the Density Rating System, are in addition to the eligible density provided herein.
However, for properties within the Coastal High Hazard Area (CHHA), only the affordable-
workforce housing density bonus as provided in the Density Rating System, is allowed in
addition to the eligible density provided herein. For all properties, the maximum density
allowed is that specified under Density Conditions in the Density Rating System.
4$ 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density
bonuses, as provided in paragraphs #4, #5 and #5.1 above, for that portion of the Overlay lying
within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number
of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003
to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not
subject to this density bonus pool.
12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25
East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be
limited to non-residential uses except for caretaker, dormitory, and other housing integrally
related to the Botanical Garden or other institutional and/or recreational open space uses.
Exhibit A CP-2012-3 DRAFT 9-14-12
G.ICDES Planning Services\ComprehensivelCOMP PLANNING GMP DATA\Comp Plan Amendments12012 Cycle Petitions\CP-2012-3 BGTRO changes
dw/9-14-12
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