Resolution 2014-262 RESOLUTION NO. 14- 262
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 INCREASE THE
MAXIMUM ALLOWABLE RESIDENTIAL DENSITY THAT MAY
BE ACHIEVED IN THE 196.4 ACRE UNDEVELOPED PORTION
OF THE SAN MARINO RESIDENTIAL PLANNED UNIT
DEVELOPMENT FROM 2.5 UNITS PER ACRE UTILIZING
TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") TO 3.02
UNITS PER ACRE UTILIZING TDRS, AND TO ALLOW THE
TRANSFER OF RESIDENTIAL DENSITY TO THAT PORTION OF
THE SAN MARINO RESIDENTIAL PLANNED UNIT
DEVELOPMENT FROM SENDING LANDS LOCATED MORE
THAN ONE (1) MILE FROM THE URBAN BOUNDARY, AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT 196.4-ACRE
PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD,
APPROXIMATELY 1-1/2 MILES NORTH OF RATTLESNAKE-
HAMMOCK ROAD IN SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
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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, Petitioner, Stock Development, initiated this amendment to the Future Land
Use Element; and
WHEREAS, on November 6, 2014, 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
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WHEREAS, on December 9, 2014, 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 i
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 °A-k-\
day of ---- e�c fix- , 2014.
ATTES .J ��d"" BOARD OF COUNTY COMMISSIONERS
DW*I E. BRO ,K, CLERK COLLIER COUNT LORIDA
t' t
PI. J 'I�i�Ii`' O'er- �,
N..
4 ',Deputq eferkt ` 7411.1.' TOM HENNING, a airman
Attest aat0 Cbr3
signature only.
pproved a to form and legality:
-leidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
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EXHIBIT "A"
FUTURE LAND USE ELEMENT
[Page 28]
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 COME
Policy 6.2.5 (6) b.1., and either "a" or "b" 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
project'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.
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
with the following exceptions:
i. pProperties 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,
ii. 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,
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential
Fringe lands within the 196.4 acre portion of the San Marino Planned Unit
Development described below, via the transfer of 1.52 dwelling units
(transferable development right) per acre. The Property shall not be subject to
the one mile limitation set forth above and may utilize TDRs derived from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve
up to the maximum allowable density. The Property is further described as
follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10, as amended, excepting the ±39 acres located in the
South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 50
South, Range 26 East, and in the Northwest 1/4 of the Southwest 1/4 of Section 11,
Township 50 South, Range 26 East.
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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 below-_
Within the Urban Residential Fringe, rezone requests arc not subject to the
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SubdistriGt,
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.
i. Property located on the East side of Collier Boulevard (C.R. 951), approximately
6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R.
864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
and further described as follows:
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 'A OF THE
SOUTHWEST 1/4 AND THE NORTHWEST '/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH THIRTY FEET
FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST
100 FEET THEREOF, AND;
THE NORTHEAST 1/4 OF THE SOUTHEAST '/4 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET THEREOF FOR ROAD
RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND;
THE SOUTH 1/2 OF THE NORTH '/2 OF THE WEST 1/2 OF THE NORTHEAST 'A
OF THE SOUTHWEST '/4 AND THE SOUTH % OF THE WEST 1/2 OF THE
NORTHEAST IA OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN
EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND;
AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET
OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST
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1/4 OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH;
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS
THE NORTH 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST '/4 OF THE
SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, AND;
THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST %
OF THE SOUTHWEST '/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA, AND;
THE SOUTHWEST '/4 OF THE SOUTHWEST % OF THE NORTHWEST '/4 OF
THE SOUTHWEST 'A, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
OF COLLIER COUNTY, FLORIDA, AND;
THE EAST 1/2 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF
SOUTHWEST 1/4 LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA, AND;
THE NORTH 1/2 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF THE
SOUTHWEST %, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST
1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST %, LESS THE NORTH
328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, CONTAINING 55 ACRES, MORE OR LESS.
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B. DENSITY RATING SYSTEM: [Page 49]
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2. Density Bonuses
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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 with the following exceptions:
pProperties 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, w
may transfer TDRs from Sending Lands located within one mile of the Urban
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Boundary into lands designated Urban Residential Fringe, at a maximum
density increase of 1.3 units per gross acre.
ii. 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.
iii. Up to 1.52 additional units per acre may be achieved for Urban
Residential Fringe lands within the 196.4 acre portion of the San Marino
Planned Unit Development described below, via the transfer of 1.52
dwelling units (transferable development right) per acre. The Property
shall not be subject to the one mile limitation set forth above and may
utilize TDRs derived from any lands designated Sending within the Rural
Fringe Mixed Use District to achieve up to the maximum allowable
density. The Property is further described as follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10, as amended, excepting the ±39 acres located in
the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11,
Township 50 South, Range 26 East, and in the Northwest 1/4 of the
Southwest IA of Section 11, Township 50 South, Range 26 East.
In no case shall density be transferred into the Coastal High Hazard Area from outside
the Coastal High Hazard Area.
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