Resolution 2013-264 RESOLUTION NO. 13- 264
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 TO ALLOW THE URBAN
RESIDENTIAL FRINGE PORTION OF THE NAPLES RESERVE
RESIDENTIAL PLANNED UNIT DEVELOPMENT TO UTILIZE
TRANSFER OF DEVELOPMENT RIGHTS FROM ANY LANDS
DESIGNATED AS SENDING LANDS WITHIN THE RURAL
FRINGE MIXED USE DISTRICT, AND FURTHERMORE
RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
THE SUBJECT 668 ACRE PROPERTY IS LOCATED
APPROXIMATELY 1-1/2 MILES EAST OF COLLIER
BOULEVARD AND ONE MILE NORTH OF US 41 IN SECTION 1,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20130000139/CP-2013-1]
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, Petitioners, Star Development Company and Wilton Land Company LLC,
have initiated this amendment to the Future Land Use Element; and
WHEREAS, on September 9, 2013, 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 November 12, 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
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Rev. 9/03/13
CI)
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
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 I D.111
day of N U r e iii bt r. , 2013.
/
ATTEST: BOA' OiOF COUNT COMMISSIONERS
DWIGHT E BROCK CLERK COL I CO T , FLORIDA
,/':@kL4j", &QZ • BY:
,. De 9 (40.1-0 :`' 'ORGIA A. HILLER, ESQ.
Attest a t I Chairwoman
signature only. .
Ap roved as to form and legality:
t jt ,4- C(1-- /4, ,...
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
CP\13-CMP-00903\5-7/16/13
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PL20130000139/CP-2013-l
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PL20130000139 CP-2013-1
EXHIBIT "A"
FUTURE LAND USE ELEMENT
[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., and either"a" or "b" below:
a. Up to 1.0 unit 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. The Urban Residential
Fringe portion of the Naples Reserve Residential Planned Unit Development located in
Section 1, Township 51 South, Range 26 East, shall not be subject to the one mile
limitation set forth above and may utilize TDRs from any lands designated Sending
within the Rural Fringe Mixed Use District to achieve up to the maximum allowable
density; or,
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[Page 49]
B. DENSITY RATING SYSTEM:
This Density Rating System is only applicable to areas designated on the Future Land Use
Map as: Urban, Urban Mixed Use District; and, on a very limited basis, Agricultural/Rural. It
is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan, and
the Golden Gate Area Master Plan; these two Elements have their own density provisions.
The Density Rating System is applicable to that portion of the Urban Coastal Fringe
Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not
exceeded, except for the density bonus provisions for Affordable Housing and Transfer of
Development Rights, and except as provided for in the Bayshore/Gateway Triangle
Redevelopment Overlay. The final determination of permitted density via implementation of
this Density Rating System is made by the Board of County Commissioners through an
advertised public hearing process (rezone or Stewardship Receiving Area designation).
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PL20130000139 CP-2013-1
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.
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f. Transfer of Development Rights Bonus
To encourage preservation/conservation of natural resources, density transfers are
permitted as follows:
(a) From Urban designated areas into that portion of the Urban designated area
subject to this Density Rating System, in accordance with the Transfer of
Development Rights (TDR) provision contained in Section 2.03.07 of the Land
Development Code, adopted by Ordinance No. #04-41, as amended, on June
22, 2004 and effective October 18, 2004. For projects utilizing this TDR process,
density may be increased above and beyond the density otherwise allowed by
the Density Rating System.
(b) From Sending Lands in conjunction with qualified infill development.
(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 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. The Urban Residential
Fringe portion of the Naples Reserve Residential Planned Unit Development
located in Section 1, Township 51 South, Range 26 East, shall not be subject to
the one mile limitation set forth above and may utilize TDRs from any lands
designated Sending within the Rural Fringe Mixed Use District to achieve up to
the maximum allowable density increase.
In no case shall density be transferred into the Coastal High Hazard Area from outside
the Coastal High Hazard Area.
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