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Ordinance 2015-08 ORDINANCE NO. 15- 0 8 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013-6] 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, staff has prepared amendments to address glitches related to 2011 EAR- based amendments; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on July 18, 2014, 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 Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and 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 [14-CMP-00913/1125280/1]80 Page 1 PL20130001109/CPSP-2013-6 Rev. 12/15/14 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 December 4, 2014, and the Collier County Board of County Commissioners held on January 27, 2015; 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 FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN The amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, 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. • (14-CMP-00913/1125280/1]80 Page 2 PL20130001109/CPSP-2013-6 Rev. 12/15/14 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this o�-74. 'day of S e,,n Lic,r y 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ,et.. az . BY: / er,,a....e. -De e, TIM NANCE, Chairman Attest as_ ° "'64'1 � nature*I: -;'_ App oved as,t form and legality: Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Future Land Use Element and Future Land Use Map and Map Series This ordinance filed with thn 4g,Atory of Ie:sMlice i49,...`C 4"-- day of Oar3 (4---- i. ., �7 and acknowledgeme -,ot fili rec-i t ,is day of E/! i...°4 By IBC . Dap gy � [14-CMP-00913/1125280/1]80 Page 3 P L2013 0001109/C P S P-2013-6 Rev. 12/15/14 C Ao EXHIBIT "A" FUTURE LAND USE ELEMENT (FLUE) *** *** *** *** *** text break *** * * *** *** *** C. UNDERLYING CONCEPTS [Revised text, page 4] *** *** *** *** *** text break *** *** *** *** *** Coordination of Land Use and Public Facilities At the heart of Florida's Community Planning Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through LOS standards. The LOS standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding LOS standards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvement and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the standards serve to assure the availability of adequate facilities, whether public or private. *** *** *** *** *** text break *** *** *** *** *** Policy 2.2: [Revised text, page 12] Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvement Element, enter into a binding commitment with a Odeveloper to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. *** *** *** *** *** text break *** *** *** *** *** Policy 2.4: [Revised text, page 12] Pursuant to the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U--S- US 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Developments within the South & -S- US 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. [14-CM P-00913/1125254/1]76 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-ctr are deleted—as Recommended for Adoption. 1 *** *** *** *** *** text break *** *** *** *** *** Policy 4.6: [Revised text, page 16] Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution # No 01-247, adopted June 26, 2001). Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport-Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between &J-S-: US 41 North and Goodlette-Frank Road; b. I.ITS7 US 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. *** *** *** *** *** text break *** *** *** *** *** A. Urban Mixed Use District [Revised text, page 27] This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use [14-CM P-00913/1125254/1]76 Words underlined are added;words struck-through are deleted-as Transmitted. Words double-underlined are added;words double-st€uwo44 are deleted-as Recommended for Adoption. 2 shall be encouraged to the use of the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas features and to assure compatibility with surrounding land uses. *** *** *** *** *** text break *** *** *** *** *** 1. Urban Residential Subdistrict [Revised text, page 28] The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 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: *** *** *** *** *** text break *** *** *** *** *** 3. Urban Coastal Fringe Subdistrict [Revised text, page 30] *** *** *** *** *** text break *** *** *** *** *** 6. PUD Neighborhood Village Center Subdistrict [Revised text, page 33] *** *** *** *** *** text break *** *** *** *** *** 10. Henderson Creek Mixed Use Subdistrict [Revised text, page 37] The Henderson Creek Mixed Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S.R. SR 951) and south of U& US 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. *** *** *** *** *** text break *** *** *** *** *** [14-CM P-00913/1125254/1176 Words underlined are added;words struck are deleted—as Transmitted. Words double-underlined are added;words double-gFuelfAiwa are deleted—as Recommended for Adoption. 3 Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict as follows: a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and U US 41. A loop road that is open to the public shall connect these access points. *** text break *** *** *** *** *** 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Revised text, page 43] The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. *** *** *** *** *** text break *** *** *** *** *** a. Parcel 1 This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road. A maximum of 100,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other comparable and/or compatible land uses not found specifically in the C-1 through C-3 zoning districts, limited to: general and medical offices, government offices, financial institutions, personal and business services, limited indoor recreational uses, and limited retail uses; mixed-use development (residential and commercial uses). The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. b. Parcel 2 This parcel is located approximately 1/4 mile east of Livingston Road and is adjacent to multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: General and medical offices, community facilities, and business and personal services, all as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any single commercial user shall be 20,000 square feet. *** *** *** *** *** text break *** *** *** *** *** 2. Density Bonuses [Revised text, page 48] 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. [14-CM P-00913/1125254/1]76 Words underlined are added;words etruck through are deleted—as Transmitted. Words double-underlined are added;words double-ugh are deleted—as Recommended for Adoption. 4 *** *** *** *** *** text break *** *** *** *** *** c. Affordable-Workforce Housing Bonus: As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420.9071, F.S. To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance # No. 04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable-workforce Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable- workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** 4. Density Conditions: [Revised text, page 50] The following density condition applies to all properties subject to the Density Rating System. a. Maximum Density The maximum allowed density shall not exceed 16 dwelling units per gross acre within the Urban designated area, except when utilizing 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. *** *** *** *** *** text break *** *** *** *** *** 1. Rural Commercial Subdistrict [Revised text, page 67] Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met: a. The project, or that portion of a larger project, that is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center, except that the southwest quadrant at the intersection of US 41and S.R. SR 29, is eligible for commercial zoning under this provision; *** *** *** *** *** text break *** *** *** *** *** [14-CM P-00913/1125254/1176 Words underlined are added;words struck—threw-0 are deleted—as Transmitted. Words double-underlined are added;words double-slfuokA€ are deleted—as Recommended for Adoption. 5 [Revised text, page 80] C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. *** *** *** *** *** text break *** *** *** *** *** 9. Where residential density is transferred from Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b) Cattle grazing on unimproved pasture where no clearing is required; c) Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. *** *** *** *** *** text break *** *** *** *** *** B. North Belle Meade Overlay [Revised text, page 93] *** *** *** *** *** text break *** *** *** *** *** 1. IN GENERAL *** *** *** *** *** text break *** *** *** *** *** Planning Considerations a. Wildlife Crossing and Wildlife Corridor * The County should support construction of a wildlife crossing under 1-75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. b. Transportation An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and [14-CM P-00913/1125254/1]76 Words underlined are added;words stFusk-th-rough are deleted—as Transmitted. Words double-underlined are added;words double-i4Ntek,tlire are deleted—as Recommended for Adoption. 6 improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. Within one year of June 19, 2002, the alternative alignments for east-west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in NBM; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance of residential neighborhoods, to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6. The costs of acquiring necessary right-of-way. Alignments considered for such east-west roadway shall include extension of the existing Landfill Road, extension of the existing Keane and Brantley Roads, extension of the existing Green Boulevard, and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level of public benefit as provided in subparagraph 2 above in determining the proportionate public/private funding in subparagraphs 5 and 6 above and the method and timing of any public resource allocation to the project. * The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern '/2 of the western 1/4 of Sections 22 and 27, which would consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be designed with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. [14-CM P-00913/1125254/1]76 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-ugh are deleted—as Recommended for Adoption. 7 c. Greenway A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. d. Red Cockaded Woodpeckers (RCW) • RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands. 2. Natural Resource Protection Area NRPA [Revised text, page 95] The NBM Natural Resource Protection Area (NRPA1 includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. Planning Considerations a. Consolidation - The County should amend the Land Development Code to encourage further consolidation of small parcels. b. Public Acquisition The County and the property owners should support acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. c. Sending Area * The NBM NRPA shall be designated as Sending Lands for purposes of the Transfer of Development Rights (TDR) program. d. TDRs ▪ TDR Credits generated from the NBM NRPA may be transferred to Sections 21 and 28 and the west 1/4 of Sections 22 and 27, to other suitable locations within the Rural Fringe Mixed Use District, or to the Urban Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. *** *** *** *** *** text break *** ** *** *** *** 4. SENDING AREAS [Revised text, page 97] Within the NBM Overlay are ± 4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and ±5 and 3/4 sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. [14-CM P-00913/1125254/1]76 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-sly are deleted—as Recommended for Adoption. 8 Planning Considerations a. TDRs Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection - The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NBM Sending Lands. c. Public Acquisition The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. *** *** *** *** *** text break ** ** *** *** *** D. Rural Lands Stewardship Area Overlay [Revised text, page 113] *** *** *** *** *** text break *** *** *** *** *** Policy 1.2: The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-use development as an alternative to low-density single use development, and provides a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. The strategies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177(11) F.S. Section 163.3248, Florida Statutes. The Overlay includes innovative and incentive based tools, techniques and strategies that are not dependent on a regulatory approach, but will complement existing local, regional, state and federal regulatory programs. *** *** *** *** *** text break *** *** *** *** *** Policy 4.2: [Revised text, page 122] All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S. Section 163.3168(2), Florida Statutes, the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,500 acres outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional locational standards normally [14-CM P-00913/1125254/1176 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-gFilekAluo are deleted—as Recommended for Adoption. 9 applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. *** *** *** *** *** text break *** *** *** *** *** Policy 4.7: [Revised text, page 123] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The °Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ 5.006(5)(1) Section 163.3168(2), Florida Statutes. The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. *** *** *** *** *** text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Revised text, page 135] 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. Two zoning overlays have been 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: *** *** *** *** *** text break *** *** *** *** *** 4. Properties with access to US 11 US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will terminate when the BCC [14-CM P-00913/1125254/1]76 Words underlined are added;words&truck through are deleted—as Transmitted. Words double-underlined are added;words double-i4tiokAlifo+ are deleted—as Recommended for Adoption. 10 adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. 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" catalyst 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). 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. *** *** *** *** *** text break *** *** *** *** *** FUTURE LAND USE MAP SERIES [Revised text, final page of FLUE text] Future Land use Map [Added new Future Land Use Map Series map] Activity Center Index Map *** *** *** *** *** text break *** *** *** *** *** Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map *** *** *** *** *** text break *** *** *** *** *** Future Land Use Map and Map Series [New map, following FLUE text] a. Create new Gordon River Greenway Conservation Area Designation Map. [The above revision also affects the text entries in the Future Land Use Map Series listing appearing on the Future Land Use Element Table of Contents pages.] *** *** *** *** *** text break *** *** *** *** *** [Include the actual Gordon River Greenway Conservation Area Future Land Use Map labeled as, and included in, this Exhibit "A".] [14-CM P-00913/1125254/1176 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-st€aek,thfaugli are deleted—as Recommended for Adoption. 11 Lxa9tn#""4 41'i="4 RI,:-wee 13 C.'??1 itP8-S:F> ":Giy-d [r,OitL-A,..N 'RI%'F#t gift I.^,. k CONSERVATION AREA DESIGNATION t W — s . s , u s v . 6 1 6 xxn x..m.rne»x,= 1 I. 1 a t I A 11 1 t fr t1 k} i +' a f i F r: SUBJECT SATE Pt:4!O 3. X11 CPSP-2U1 LEGEND ', ED 4111134411.414, ,r;t 13 44444,4,N "44,4 .._. 14.4 444,4 14444141414"3.„,5x3, 144+4414;4443 M$'4.4144 r 444 44, ...._.._,—. ” _..._ _. .t __�-----.....-.m— .,.,..,_. _:..: - ._........__....-.. ....._ 11bcc.colliergov.netldata\GMD-LDSICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CM P-00913/1125254/1]76 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double- are deleted—as Recommended for Adoption. 12 (N,tin, ,,,, ms Aslip ',Ili?NI 5H'i FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 2, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, 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. 15-08, which was filed in this office on February 2, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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