Ordinance 2014-22 ORDINANCE NO. 14- 22
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, 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 PROVIDING FOR
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. THE SUBJECT 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, CONSISTING OF 668 ACRES.
1PL20130000139/CP-2013-1]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly 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, Petitioners, Star Development Company and Wilton Land Company LLC,
have initiated this amendment to the Future Land Use Element; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on November 20, 2013, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Element to the Growth Management Plan and transmitted its comments in
writing to Collier County within the time provided by law; and
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WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; 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 public
hearings of the Collier County Planning Commission held on May 1, 2014, and the Collier
County Board of County Commissioners held on June 10, 2014; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendment to the Future Land Use Element attached hereto as Exhibit "A" and
incorporated herein by reference, is hereby adopted in accordance with Section 163.3184,
Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity.
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 commenced 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.
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411$
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this I Orkday of Tut ,,1;z._ 2014.
ATTEST: "' j ° BOARD OF COUNTY COMMISSIONERS
DWIGHT-E' $R ccLERK COLLIER COUNTY, FLORIDA
r-- " a •
_1a K',. . BY. ,
- Deputy,Clerk TOM-HE III, Chairman
Attest as to.ghairman's, �J
signature only.
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A
13-CMP-00903/29
This ordinance filed with the
Secretary of Stc te's Office the
_UC- day of „Wile- , 201
and acknowledgement o�f.t th�at
fills. received this _-1.__ bay
of 20 4
By ftA • ✓1....:
s®
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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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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 16, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 14-22, which was filed in this office on June 16, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us