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Agenda 01/27/2015 GMP Amendment (CPSP-2013-6: Item #17C) BCC SPECIAL AGENDA 2013 GMP AMENDMENTS PETITIONS PL20130001109/CPSP-2013-6 ADOPTION HEARING JANUARY 27, 2015 COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS tI., wow- ....._ Now- 2013 Batch/In-House GMP AMENDMENTS (ADOPTION HEARING) [Petitions: Project PL20130001109/CPSP-2013-6] CCPC: DECEMBER 04, 2014 BCC: JANUARY 27, 2015 Clerk of Court 4th FL - Building "F" EXECUTIVE SUMMARY Recommendation to adopt Ordinances approving staff-proposed 2011 Evaluation and Appraisal Report-based amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to fix glitches related to previous 2011 EAR-Based amendments and revising for internal consistency, and furthermore recommending transmittal of the adopted amendments to the Florida Department of Economic Opportunity. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (BCC) to review several individual staff- initiated, "batch" amendments to the Collier County Growth Management Plan (GMP) to provide for uniform formatting and internal consistency, add clarity and fix glitches, and consider approving (adopting) said amendments for their transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held its transmittal hearing for these batch amendments, on May 15, 2014. The BCC held its transmittal hearing on July 8, 2014. The respective transmittal hearings recommendations/actions are contained in the CCPC adoption hearing Staff Report. • The Comments Letter from the DEO, dated August 15, 2014, indicated "no comment" within the Agency's authorized scope of review. Similarly, the Comments Letter from the Florida Department of Transportation (FDOT) indicated "no comments" within this Agency's authorized scope of review. The South Florida Water Management District (SFWMD) commented on and recommended updating GMP references to a specific SFWMD "Basis of Review" document that was published after Transmittal of these amendments - of which the title was not known at that time. The remaining review agencies did not provide a Comments Letter. All review agency Comments Letters received are contained in the back-up materials. • The CCPC held its Adoption hearing for these batch amendments on December 4, 2014. • This is the Adoption hearing for these out of Cycle, staff-proposed amendments to the Conservation and Coastal Management Element, Capital Improvement Element(CIE), Future Land Use Element and Future Land Use Map and Map series, Recreation and Open Space Element, Stormwater Management Sub-Element of the Public Facilities Element, and the Transportation Element of the GMP. SFWMD comments and recommendations pertained only to the Conservation & Coastal Management Element (CCME) and Public Facilities Element- Stormwater Management Sub-Element (SM). Staff revised both documents to incorporate the SFWMD recommendations. No additional changes were made to these Elements, and no changes were made to any of the other Elements in this petition, since the July 8, 2014 BCC Transmittal hearing on this petition, except for the CIE. A specific proposed amendment to the CIE was removed from this petition because it was addressed by other means during the same period of time - and is confined to updating text references to the public school capital improvement plan and work program. The batch amendments that are the subject of this hearing are limited in scope and primarily follow from the adoption of 2011 EAR-based GMP amendments. Though not necessarily recommended by specific reference in the EAR, these general updating and "housecleaning" amendments seek to add -1- clarity, correct text errors or omissions, provide harmony and internal consistency, and so forth. Further explanation and staff analysis is provided in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these GMP amendments. The costs associated with legal advertising/public notice for the public hearings are however, borne by the County. GROWTH MANAGEMENT IMPACT: Based upon statutory changes that occurred during the 2011 Florida Legislative session, these GMP amendments are presumed to be "in compliance" with applicable Florida Statutes. After adoption, the DEO will have 45 days (from the date the DEO receives a complete adoption package) to review the adopted GMP amendments and issue their Notice of Intent (NOI). Should they believe the adopted amendments are "not in compliance," a challenge [appeal] to the presumed "in compliance" determination would be filed with the Florida Division of Administrative Hearings (DOAH). In addition, any affected party has 21 days (from the date of the DEO publishing their NOI) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party, then the amendments will become effective when the NOI is posted on the DEO Internet site. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for adoption and transmittal to DEO. [SAS] COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC forwarded these batch amendments to the BCC with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 6/0). There were no public speakers to this item. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: Same as to CCPC—to adopt. Prepared by: Corby Schmidt, AICP, Principal Planner, David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CCPC Adoption Staff Report 2) DEO & State Agency Review Comments 3)Adoption Ordinances with Exhibit"A"Texts and Map 4) Transmittal Executive Summary 5) CCPC Transmittal Staff Report 6)Adopted Transmittal Resolution 2014-153 -2- OROCINAL Agenda Item 9.B. Co e-r STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: DECEMBER 4, 2014 RE: PETITION NO. PL20130001109/CPSP-2013-6, REVIEW AND RECOMMENDING ADOPTION OF STAFF-PROPOSED AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, CAPITAL IMPROVEMENT ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES, RECREATION AND OPEN SPACE ELEMENT, STORMWATER MANAGEMENT SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT, AND THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [ADOPTION HEARING] BACKGROUND: This proposal consists of several individual staff-initiated Growth Management Plan (GMP) amendments, as authorized or directed by the Board of County Commissioners, and reviewed in Transmittal by appropriate State agencies. Most of the amendments seek to add clarity, correct text and map errors or omissions, and provide harmony and internal consistency. These amendments make up the Exhibit "A" accompanying the Adoption Ordinance. Transmittal hearings on these amendments were held on May 15, 2014 (CCPC) and on July 8, 2014 (BCC). FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY REVIEW/STAFF RESPONSE: After review of the Transmitted GMP amendments, the Florida Department of Economic Opportunity (DEO) rendered their determination in a letter dated August 15, 2014. The DEO had no comments of their own to address, but recommended that the County consider appropriate changes to the amendments based on other reviewing agency comments received. Comments can form the basis of a challenge if they are not satisfactorily addressed. A considerable portion of changes made in response to reviewing agency comments and recommendations serve to technically improve GMP elements. Due to the technical nature of many of the changes, additional data and analysis is not deemed necessary to support them. The DEO's review letter is attached to this Staff Report. Reviewing agencies who provided comments [in addition to those from the DEO] are the South Florida Water Management District (SFWMD) and the Florida Department of Transportation (FDOT); their comments are also attached to this Staff Report. With the exception of one minor non-reviewing agency related amendment explained below, this Staff Report and Adoption hearing focus only on the Element revisions recommended in response to reviewing agency comments. Recommendations and comments pertained only to the following Elements and Sub-Elements: Conservation & Coastal Management Element (CCME) and Public Facilities Element — Stormwater Management Sub-Element (SM). — 1— Agenda Item 9.B. ELEMENTS WITH NO ADDITIONAL CHANGES: No additional changes were made since the July 8, 2014 BCC Transmittal hearing on staff- initiated amendments to the following Elements and Sub-Elements: Future Land Use Element and Future Land Use Map Series, Recreation and Open Space Element, and the Transportation Element of the Growth Management Plan. ELEMENTS WITH ADDITIONAL CHANGES: Additional changes made since the July 8, 2014 BCC Transmittal hearing on staff-initiated amendments to the following Elements and Sub-Elements are limited to DEO or other reviewing agency comments and recommendations, along with one instance of retraction of an unnecessary change: Conservation and Coastal Management Element (CCME), Capital Improvement Element (CIE), and the Stormwater Management Sub-Element (SMS-E) of the Public Facilities Element of the Growth Management Plan. These changes are confined to updating GMP references to a specific SFWMD "Basis of review" document that was published after Transmittal of these amendments—of which the title was not known at that time. These Elements comprise the additional changes to the staff-initiated amendments that the DEO and other reviewing agencies specifically reviewed, with one exception. Though not specifically reviewed, this additional change reflects the withdrawal of a specific amendment simply because it was addressed by other means during the same period of time. This amendment occurred along with the 2014 Annual Update and Inventory (AUIR) on Public Facilities and annual update to the Capital Improvement Element of the Growth Management Plan — and is confined to updating text referencing the public school capital improvement plan and work program. These specific changes appear in the double underline, double strike- through format in the accompanying Exhibit "A". STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition PL20130001109/CPSP-2013-6 to the Board of County Commissioners with a recommendation to adopt —with the changes since Transmittal hearings proposed by staff in response to reviewing agency comments — and transmit to the Florida Department of Economic Opportunity. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] —2— Agenda Item 9.B. PREPARED BY: c:P7 :1) /tt DATE: ,c;,,r CORBY SCHMIDT,AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: p - of DATE: DAVID WEEKS, AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: ( ( / MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY: DATE: / Lf ct K CASALANG Jo', AD7r1"— BATOR GROWTH MANAGEMENT DIVISION PETITION No. PL20130001109/CPSP-2013-6 Staff Report for the December 4, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the January 27, 2015, BCC Meeting. CP-13-6 Adopt SR dw_11-14-14 —3— Dick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT. ECONOMIC OPPORTUNITY MEMORANDUM • TO: Suzanne Ray, DEP Deena Woodward, DOS Tracy Suber, DOE Terry Manning, South Florida WMD Crawley/Massey FDOTI Margaret Wuersde, Southwest Florida RPC Wendy Evans, AG Scott Sanders,FWC DA 1E: July 23,2014 • SUBJECT: EYPEDITEI) STAVE REVIEW PROCESS COMMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT LOCAL GOVERNMENT/STATE LAND PLANNING AGENCY AMENDMENT#: • Collier County 14-4ESR STATE LAND PLANNING AGENCY CONTACT PERSON/PHONE NUMBER Brenda Winningham/850-717-8516 • The referenced proposed comprehensive plan amendment is being reviewed pursuant the Expedited State Review Process according to the provisions of Section 163.3184(3),Florida Statutes. Please review the proposed documents for consistency with applicable provisions of Chapter 163,Florida Statutes. Please note that your comments must be sent directly to and received by the above referenced local government within 30 days of receipt of the proposed amendment package. A copy of any comments shall be • sent directly to the local government and ALSO to the State Land Planning Agency to the attention of Ray Eubanks,Administrator, Plan Review and Processing at the Department E-mail address: • DCPettentaIizenc}ce mmentstii demni4 floritla.atm Please use the above referenced State Land Planning Agency AMENDMENT NUMBER on all correspondence related to this amendment. Note:Review Agencies-The local government has indicated that they have mailed the proposed amendment directly to your agency. See attached transmittal letter. Be sure to contact the local government ifyorz have • not received the amendment. Also,letter to the local government from State Land Planning Agency acknowledging receipt of amendment is attached. • • I .,rids I)clydrtmctt+ri I:curi gnu:OIrr+,rtunttt t:altlrvcll Hmlding In—I; \Ladiant Strccr 1aliahsssec.Fr.32199 866.1`1_.1.2345 ti30'-15.71Oi R511.921 3223 t'ax a•uw•.tloridatu,h .+ue \\1VW.nci1rcr.cnm:l l.1)I?c t W:rrr.fas.clss!+rk,et1rn l•1.1)F(.J - fir'♦ Rick Scott -u 11' Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT( ECONOMIC OPPORTUNITY July 23,2014 Mr. Nick Casalanguida,Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples,Florida 34104 Dear Mt Casalanguida: Thank you for submitting Collier County's proposed comprehensive plan amendments for our review pursuant to the Expedited State Review process. The reference number for the amendment package is Collier County 14-4ESR. The proposed submission package will he reviewed pursuant to Section 163.3184(3), Florida Statutes. Once the review is underway,you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. You will receive the State Land Planning Agency's Comment Letter no later than August 20,2014. If you have any questions please contact Anita Franklin of my staff at (850) 717-8486 or Brenda Winningham,Regional Planning Administrator,who will be overseeing the review of the amendments,at(850) 717-8516. Sincerely, D.Ray Eubanks,Administrator Plan Review and Processing DRE/af • 1'Inr[d,t Dcparum-nt nt(icnnunuc OpInirntniry t:.tidwell Building 107 F.NIadtson Struct "lallahasscr,Fl.32399 866.1 I..\.2345 850.245.7105 850.921.3223 Fax �tuw.ilorid:th.,bs.(rt' www.twit r.cnm ill,I)ii() )ILO r I- ,�t�• .2. OFFICE OF THE COMMISSIONER i ��'; Txs CAPITOL (85o)617-7700 r ='" =,;; 400 SOUTH MONROE STREET � TALLAHASSEE,FLORIDA 32399-0800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM August 5,2014 VIA EMAIL(davidweeks @colliergov.net) Collier County Growth Management Division Planning& Regulation Attn: David Weeks 2800 N.Horseshoe Drive Naples, Florida 34104 Re: DACS Docket#—20140722-437 Collier County PL20130001109/CPSP-2013-6 Submission dated July 18,2014 Dear Mr.Weeks: The Florida Department of Agriculture and Consumer Services(the"Department") received the above- referenced proposed comprehensive plan amendment on July 22,2014 and has reviewed it pursuant to the provisions of Chapter 163,Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural,aquacultural,or forestry resources in Florida if the proposed amendment(s)are adopted. Based on our review of your county's submission,the Department has no comment on the proposal. If we may be of further assistance, please do not hesitate to contact me at 850-410-2289. Sincerely, lir I - ' I 0 • i _tf if Stormie Knish Sr. Management Analyst I Office of Policy and Budget cc: Florida Department of Economic Opportunity (SLPA#: Collier County 14-4 ESR) 1-800-HELP FLA Florida, www.F resh From F iarida_cQm KendallMarcia From: WeeksDavid Sent: Tuesday, August 05, 2014 11:38 AM To: SchmidtCorby; KendallMarcia Cc: BosiMichael Subject: FW: Collier County 14-4ESR (Resolution 2014-153)[CPSP-2013-6 batch GMPAs] FYI. (saved into ptn folder) • From: Hight,Jason [mailto:Jason.Hight(aMyFWC.com] Sent:Tuesday, August 05, 2014 10:21 AM To: DCPexternalagencycomments; WeeksDavid Cc: Wallace,Traci; Chabre, Jane; Poole, Mary Ann Subject: Collier County 14-4ESR(Resolution 2014-153) Mr. Weeks: Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to fish and wildlife or listed_speces and their habitat to offer on this amendment. If you need any further assistance,please do not hesitate to contact Jane Chabre either by phone at(850)410- 5367 or at FWCConservationPlanningServices @MvFWC.com. If you have specific technical questions,please contact Mary Ann Poole at(850)488-8783 or by email at maryann.poole @MyFWC.com. Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation 620 S. Meridian Street, MS 5B5 Tallahassee, FL 32399-1600 office: 850-413-6966 cell: 850-228-2055 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 FDD Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTII PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY August 14, 2014 Mr.Nick Casalanguida Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples,Florida 34104 RE: Collier County 14-4ESR Proposed Comprehensive Plan Amendment—FDOT Comments Dear Mr. Casalanguida: The Florida Department of Transportation, District One (hereafter the "Department"), has reviewed the Collier County 14-4ESR(Collier County PL20130001109/CPSP-2013-6)Proposed Comprehensive Plan Amendment (received by the Department on July 23, 2014) in accordance with the requirements of Florida Statutes (F.S.) Section 163 and Chapter 9J-11 of the Florida Administrative Code(F.A.C.).The Department offers Collier County the following comments for your consideration regarding the proposed amendment: As Proposed Collier County 14-4ESR will not negatively impact State road facilities, the Department offers no comment. If you need additional information or would like to discuss these comments, please contact me at (863) 519-2395 or bob.crawley @dot.state.fl.us. Sincerely, Bob Crawley District Transportation Modeling Coordinator FDOT District One CC: Mr.Ray Eubanks,Florida Department of Economic Opportunity BC www.dot.state.fl.us From: Stahl, Chris [mailto:Chris.Stahl @dep.state.fl.us] Sent: Monday,July 28, 2014 1:38 PM To: WeeksDavid Cc: Craig, Kae; DEO Agency Comments Subject: Collier County 14-4ESR—Expedited Review of Proposed To: David Weeks, GMP Manager Re: Collier County 14-4ESR—Expedited Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes.The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities,specifically: air and water pollution; wetlands and other surface waters of the state;federal and state-owned lands and interest in lands, including state parks, greenways and trails,conservation easements; solid waste;and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no provision that, if adopted,would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please feel free to contact me with any questions. Chris Stahl Office of Intergovernmental Programs Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 47 Tallahassee, FL 32399-3000 (850) 245-2169 r Customer Service 0. survey DEP Transmittal Review Comments 7-28-14 batch GMPAs G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA1Comp Plan Amendments12013 GMPAs Outside of Cycle1CPSP-2013-6 First Set of Batch Amendments\CPSP-2013-6 Letters to or from DEO_State-Trans&Adopt dw/7-28-14 • „QTFR M gv9 c ao SOUTH FLORIDA WATER MANAGEMENT DISTRICT August 18, 2014 Nick Casalanguida, Administrator Collier County Growth Management Division 2800 North Horseshoe Drive 3 Naples, FL 34104 Subject: Collier County, DEO #14-4ESR Comments on Proposed Comprehensive Plan Amendment Package Dear Mr. Casalanguida: The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by Collier County (County). The amendment updates the Comprehensive Plan with changes identified in the Evaluation and Appraisal Report. The District offers the following comments that we request the County address prior to adopting the amendment. These will update the references to the District's current documents: • Conservation and Coastal Management Element (CCME) Objective 2.1, and Public Facilities Element Stormwater Sub-Element Policy 6.2 and 6.3: "...Basis of Water Management District (2012), Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014)...” • CCME Policy 6.5.2(3):"...Section 5.2.2(b), of the SFWMD's Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Managomont District, August 2000, Section 4.2.2(b) of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014), or its successor..." • CCME Policy 6.5.2(4): "... - _ . .', -. • •. -. - - I., .' . • Review Sections 3.10, 3.11, and 3.12 of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014), or its successor..." The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • www.sfwmd.gov _ Mr. Nick Casalanguida, Administrator August 18, 2014 Page 2 For assistance or additional information, please contact Deborah Oblaczynski, Policy and Planning Analyst, at (561) 682-2544 or doblaczysfwmd.gov. Sincerely, 10,L, • Dean Powell Water Supply Bureau Chief DP/do c: Ray Eubanks, DEO Deborah Oblaczynski, SFWMD David Weeks, AICP, Collier County Brenda Winningham, DEO 1 Margaret Wuerstle, SWFRPC ORDINANCE NO. 15- 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 CAPITAL IMPROVEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. [PL201300011091CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 1633161, 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(112523911]68 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 CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Capital Improvement Element 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-00913/112523911]68 Page 2 P1.20130001109/CPS P-2013-6 Rev.12/15/14 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: Iafr6/ttf Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Capital Improvement Element (14-CMP-04913/1125239/1]68 Page 3 P1,201300011091CPSP-2013-6 Rev.12/15/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 EXHIBIT "A" CAPITAL IMPROVEMENT ELEMENT (CIE) I. INTRODUCTION [Revised parenthetical citation, page 1] *** *** *** *** *** text break *** *** *** *** *** One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service." The statute defines the phrase "level of service" as "...an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section !! _ , __ t : • _ - - __- 163.3164(28), Florida Statutes). *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised parenthetical citation, page 2] *** *** *** *** *** text break *** *** *** *** *** Policy 1.5: [Revised text, page 7] The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break *** *** *** *** *** C. County Stormwater Management Systems: *** *** *** *** *** text break *** *** *** *** *** LEVELS OF SERVICE ATTAINED BY BASINS *** *** *** *** *** text break *** *** *** *** *** BASIN LEVEL OF SERVICE SOUTHERN COASTAL BASIN US 41 US 41 Outfall Swale No. 1 Basin D US-41 US 41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C *** *** *** *** *** text break *** *** *** *** *** [14-CM P-00913/1125247/1]70 Words underlined are added;words struck-through are deleted-as Transmitted. Words double-underlined are added;words double-st€ckt ► are deleted-as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 H. Public School Facilities: Level of Service (LOS) standards for CSAs shall be based upon permanent FISH capacity: 1. Elementary schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 2. Middle schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 3. High schools = 100 percent (1.00) of CSA Enrollment I FISH Capacity * * ** ** *** text break *** ** ** ** p text break t«* + * * rx *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] Through continued implementation of adopted and development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. * * *** *** ** *** text break ** ** *** ** 5 4. Update of Capital Improvement Element [Renumbered text, page 26] The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the Element will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: [14-CMP-00913/1125247/1]70 Words underlined are added;words str-uslc-through are deleted—as Transmitted. Words double-underlined are added;words double-ctroo are deleted—as Recommended for Adoption. 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 *** *** *** *** *** text break *** *** *** *** *** 6 5. Concurrency Management System [Renumbered text, page 27] *** *** *** *** *** text break *** *** *** *** *** 7 6. Th+cd Evaluation and Appraisal Report Reviews [Renumbered & revised text, page 28] The Required third Evaluation and Appraisal tort Reviews (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the third each evaluation include: A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 5 above; Plan, as set forth in Section 4 above; and G B. Review of annual updates of this Capital Improvement Element, including updated supporting documents. and C. Review of State of Florida legislation concerning comprehensive planning and growth management passed since the previous EAR to evaluate effects on Collier County planning efforts. Itbcc.colliergov.net\data\GMD-LDS\CDES Planning ServicestComprehensive\COMP PLANNING GMP DATAtComp Plan Amendmentsl2013 GMPAs Outside of Cycle\CPSP-20136 First Set of Batch Amendrnents\CCPC&BCC Adoption\13-5 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CM P-00913/1125247/1170 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-st€ueliApati are deleted-as Recommended for Adoption. 3 ORDINANCE NO. 15- 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 CONSERVATION AND COASTAL MANAGEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL201300011.091CPSP-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-009131112526311]78 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 CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Conservation and Coastal Management Element 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-00913/1125263/1]78 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 day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: .� ►`a-1 is/,� Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Conservation and Coastal Management Element [14-CMP-00913/1125263/1178 Page 3 P1.20130001109/CPSP-2013-6 Rev. 12/15/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 EXHIBIT "A" P L 20130 001109/C P S P-2 013-6 CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) 1. INTRODUCTION [Revised text, page 1] Subsection 163.3177 (5)-(d) (6)(d), Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with "the conservation, use, and protection of natural resources in the area, including air, water. water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources, including factors that affect energy conservation." In 2002, the State Legislature made a change to This Subsection 163.3177 (6)(d), F.S., which also requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically, the Conservation Element must `'assess their "current,as-well-as and projected, water needs and sources for at least a 10-year period." In addition to the Conservation Element, Subsection 163.3177 (5)(g) (6)(q), Florida Statutes, also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2.1: [Revised text, page 6] Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of the Ba - - ••- --_ _ _-);- -. t• e- -- - 1 • . . -- -e- - e , -e- - - - - ---•'- `, ' Sta4g-64 Environmental Resource Permit Applicant's Handbook Volume H for use within the Geographic Limits of the South Florida Water Management District (2014) or its successor, in effect at the time of project approval, and the retention and detention requirements, and the allowable off-site discharge rates required by Stormwater Management Sub-Element Policy 6.2 and 6.3, respectively; *** *** *** *** *** text break *** *** *** *** *** [14-CM P-0091311125248/1 j71 Words underlined are added;words struck-through are deleted-as Transmitted. Words double-underlined are added;words double-s4444144194 are deleted-as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 GOAL 6: [Revised text, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. *** *** *** *** *** text break *** Policy 6.1.1: [Revised text, page 16] For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this Policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012 2013, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.3: [Repositioned parenthetical and revised text, page 27] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved... The County shall direct impacts away from such wetlands. *** *** *** *** *** text break *** *** *** *** *** (2) Big Cypress Area of Critical State Concern (ACSC) Overlay Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations shall be limited to 10% of the total site. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent [1 4-C M P-00913/112 5 24 8/1171 Words underlined are added;words struck-t#rougp are deleted-as Transmitted. Words double-underlined are added;words double-sagb are deleted-as Recommended for Adoption. 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90%. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5.2: [Revised text, page 35] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: *** *** *** *** *** text break *** *** *** *** *** (3) Within the Rural Fringe Mixed Use District, stormwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one-half inch of dry retention or retention pretreatment as specified in Section 5.2.x) 4.2.2(b), of the _ •'- =-.". - ': _ e•••- - '---- - _- _ • --- - -- . _ _ 1,_ •._ . ! _ ... _tate=ef• Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District 2114_, or its successor. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4F224 6.1 3.10. 3.11 and 3.12 of the - •' !'- e _ • _ _ •= _ '_— -____ — _ : = -- --- Environmental R- • _r -rmi A•plicant's Hand••. V. m- II fir - wi hin h- -.. ..hi i i if the_South Florida Water Management District (20141, or its successor. *** *** *** *** *** text break *** *** *** *** *** GOAL 8: [Revised text, page 41] THE COUNTY SHALL TO MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: [Revised text, page 41] - . - - -- - - eComply with all applicable federal and State air quality standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9.3: [Revised text, page 42] [14-CMP-00913/1125248/1]71 Words underlined are added;words strack tttrough are deleted—as Transmitted. Words double-underlined are added;words double-st448444044 are deleted—as Recommended for Adoption. 3 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 The Collier County Solid Waste Department shall oContinue to hold its hazardous waste collection days at least once per year. Policy 9.3.1: [Revised text, page 42] The liHazardous waste collection days shall target residential households but also allow small businesses to participate to some extent. *** *** *** *** *** text break GOAL 11: [Revised text, page 50] THE COUNTY SHALL TO PROVIDE FOR THE PROTECTION, RESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: [Revised text, page 50] To pProtect historic and archaeological resources in Collier County. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.6: [Revised text, page 52] The Directors of the Engineering Services Department/Transportation Planning Section and Bureau of Emergency Services Management Departments will review, at least annually, review evacuation route road improvement needs to ensure that necessary improvements are reflected within Table A, the Five-Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.14: [Revised text, page 53] All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is are required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities," 2007). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 72 hours. Policy 12.1.4-6 15: [Revised text, page 54] The County will coordinate with the Florida Department of Transportation on its plans to one- way evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. *** *** *** *** *** text break *** *** *** *** *** Policy 12.2.5: [Revised text, page 55] [14-CMP-005131112524811171 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-st€iek t#r ;h are deleted—as Recommended for Adoption. 4 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Bureau of Emergency Services --_ --•-- !-= - •--- and approved by the Board of County Commissioners. *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Division Administrator, the Land Development Services Planning and Zoning Director, the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] The County shall n Make every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services Management went in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. Policy 12.4.1: [Revised text, page 56] All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Bureau of Emergency Services Management Department prior to receiving a final development order. *** *** *** *** *** text break *** *** *** *** *** GOAL 13: [Revised text, page 56] THE COUNTY SHALL TO AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: [Revised text, page 57] Te eEstablish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. [1 4-CM P-00913/112524$11]71 Words underlined are added;words struck through are deleted as Transmitted. Words double-underlined are added;words double-skfuek4kwoutli are deleted—as Recommended for Adoption. 5 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 ltbcc.colliergov.netidata\GMD-LDS\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA1Comp Plan Amendments12013 GMPAs Outside of Cycle1CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CMP-00913/112524811]71 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-MR*14.44%44 are deleted—as Recommended for Adoption. 6 ORDINANCE NO. 15- 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. [PL201300011091CPSP-2013-6] Wl1F,RE:AS, 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-00913/1125280111 80 Page 1 PL201300011091CPSP-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-0091311125280!1]80 Page 2 PL20130001 l 09/GPSP-201.3-6 Rev. 12115114 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: Scott A. Stone (/ Assistant County Attorney Attachment: Exhibit A—Future Land Use Element and Future Land Use Map and Map Series. (14-CMP-00913/1125280/1]80 Page 3 PL20130001109/CPSP-2013-6 Rev. 12/15/14 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 Ddeveloper 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 lnfill and Urban Redevelopment Strategy contained in this Element, development located within the South 14-5-: 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 144, 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-CMP-00913/1125254/1176 Words underlined are added;words struslc-t#raug#are deleted—as Transmitted. Words double-underlined are added;words double-str.sh# 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 US 41 North and Goodlette-Frank Road; b. U 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. 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-00913/1125254/1175 Words underlined are added;words smock-through are deleted—as Transmitted. Words double-underlined are added;words double- #rough 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 CCME 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 37J 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 US, 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 strusk-through are deleted—as Transmitted. Words double-underlined are added;words double-staff 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 S, 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. t 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-stRiek4twougli 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-00913/1125254N76 Words underlined are added;words struckc-through are deleted—as Transmitted. Words double-underlined are added;words double-striiek4iffekop 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 114-CM P-00913/1125254/11 76 Words underlined are added;words struck-t#feug#are deleted—as Transmitted. Words double-underlined are added;words double-elf-W(t# u 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 Y2 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-C M P-00913/1125 254/1]76 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-stFuel4ireogil 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 3l 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-CMP-00913/1125254/1176 Words underlined are added;words strusic- rough are deleted—as Transmitted. Words double-underlined are added;words double-stkieyfrAa 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-CMP-00913/1125254/1]76 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-stkigkkokeg14 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 (CRO). The eCharacteristics 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).{4) 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 lmmokalee 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-00913/1125254/1176 Words underlined are added;words struck through are deleted—as Transmitted. Words double-underlined are added;words double-sting#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-C M P-00913/1125254/1176 Words underlined are added;words str4sk-t4rougt4 are deleted—as Transmitted. Words double-underlined are added;words double-strrelie.thw are deleted—as Recommended for Adoption. 11 410141 30141 Atteilft Oftf,,,f-Nw AY £:+ N'.4F.RVAf( {F A ;R`.*tiATtC9N s c k t,trat rOUNTY, r,±FtrE 3 1. i s ,x�°�' t i f' , t 2 V‘./::77, — : ,`,. ■ f �j A I f S4/3J CdT Slit ... Pi--70171• 01 text* tS P. 7t \\bcc.colliergov.netdata\GMD-LDS\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATAIComp Plan Amendments\2013 GMPAs Outside of Cyde\CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoptiont13-6 Adptn GMPA Exhbt A_6-25 DRAFT.docx [14-CM P-00913/1125254/1)76 Words underlined are added;words strusl‹-trough are deleted—as Transmitted. Words double-underlined are added;words double-strook.414p940 are deleted—as Recommended for Adoption. 12 ORDINANCE NO. 15- 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 RECREATION AND OPEN SPACE ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL201300011091CPSP-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-00913/1125268/1179 Page 1 P1.20130001109/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 RECREATION AND OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Recreation and Open Space Element 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA BY: Deputy Clerk , Chairman (14-CMP-00913/112526811]79 Page 2 P120130001109/CPSP-2013-6 Rev.12/15/14 Approved as to form and legality: i -1 'l(9 Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Recreation and Open Space Element [1 4-CMP-0091 3/1 1 25268/1]79 Page 3 P L20 1 3000 1 109/CPSP 2013-6 Rev. 12/15/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 EXHIBIT "A" RECREATION AND OPEN SPACE ELEMENT (ROSE) L INTRODUCTION [Revised text, page 1] *** *** *** *** *** text break. *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] RECREATION & OP _ • • - . • *** *** *** *** *** text break *** *** *** *** *** Policy 1.1.1: [Revised text, page 2] The standards for levels of service (LOS) of County parks and recreation facilities appear in Policy 1.5; subsection "G" 1.5.G in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** Collier County hereby adepts the following level of service standards for facilities and land LEVEL OF SERVICE STANDARD: used to deter--'-- - ._ ._ •_ -e e - • - _ _ - -- - - -- - will be the prior year of the County's fiscal year budget. 1. Value will - e . _ • _ - e -- e- - __ - . ^- County, a - e" - -- • -^— - ee- - -^e _ .-_e . - . -O0 • e • values to the number of each facility type, adding up all values and dividing the total by the County population. sector arc available through arrangement with the County to the public on a *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 5] GOAL 2: - e - - - PROMOTE A PARK SYSYTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD (LOSS) CONTAINED IN THE CIE. \\bcc.colliergov.net\data\GMD-LDS'CDES Planning Services\Comprehensive\COMP PLANNING GMP DATAiComp Plan Amendments12013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments CCPC&BOG Adoption\13-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CMP-00913/1125250/1172 Words underlined are added;words struck-through are deleted-as Transmitted. Words double-underlined are added;words double-&trigi4 are deleted-as Recommended for Adoption. 1 ORDINANCE NO. 15- 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 STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; 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-0091811125285/1]81 Page 1 PL20130001109/CPSP-2013-6 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 STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Stormwater Management Sub-Element of the Public Facilities Element 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-00913/112528511]81 Page 2 PL20130001109!CPSP-2013-6 12/15/14 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: 11 1-V6 tom Scott A. Stone Assistant County Attorney Attachment: Exhibit.A—Stormwater Management Sub-Element of the Public Facilities Element [1 4-CMP-0091 3/1 1 25285/1]81 Page 3 P1.20130001109/CPSP-2013-6 12/15/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 EXHIBIT "A" PUBLIC FACILITIES ELEMENT Stormwater Management Sub-Element (SM) *** *** *** *** *** text break *** *** *** *** *,« I. INTRODUCTION [Revised text, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County, there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMD), maintains the larger, regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However, management of stormwater is concerned not only with flood prevention (a quantity issue), but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils, greases, heavy metals, pesticides, fertilizers and other substances, which can have a deleterious impact on the County's natural systems and, above all, its groundwater quality, Note that, in this respect, there is overlap in the intended purpose between the Drainage Stormwater Management and Natural Groundwater Aquifer Recharge Sub elements Sub- Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub clement Stormwater Management Sub-Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub-elect Sub-Element is on groundwater protection. *** *** *** *** *** text break *** *** *** *** *** One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems, which will maintain predevelopment run-off conditions so that the capacity of the downstream portion of the watershed is not exceeded. In this respect, there is an overlap between the intended purpose of the Stormwater Management Sub-Element and Goal 2 of the Conservation and Coastal Management Element, including the Watershed Management Plans discussed under Objective 2.1 of the CCME. *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] [14-CMP-00913/1125251/1173 Words underlined are added;words struck through are deleted—as Transmitted. Words double-undeljrj are added;words double-stfoek4twoug4 are deleted—as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 *** *** *** *** *** text break *** *** *** *** *** Policy 2.1: [Revised text, page 5] The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy 1.5; subsection "C" 1.5.0 in the Capital Improvement Element. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the - -- '- . ..•- -- -- •- •• ` - -- - a • ••• • --- . . A • - •_ •..-. t.. i State _ Envi •nu-• - - • r - P-r i £ ••li -n ' H- •••• • _u- •r - i 1- ••r_.hi Limits of the South Florida Water Management District (2014), or its successor, as it existed at the time of project approval. Policy 6.3: [Revised text, page 5] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. 951 Canal North Basin 0.11 cfs/acre a: Airport Road North Canal 0.04 cfs/acre b. Sub-basin (North of Vanderbilt Beach Road) b: Airport Road South Canal 0.06 cfs/acre c. Sub-basin (South of Vanderbilt Beach Road) d. C-4 Basin 0.11 cfs/acre s Cocohatchee River Canal Basin 0.04 cfs/acre e. f. Corkscrew Canal Basin 0.04 cfs/acre g. Cypress Canal Basin 0.06 cfs/acre h. Faka Union Canal Basin 0.09 cfs/acre (North of 1-75) i_ Gordon River Extension Basin 0.09 cfs/acre L Harvey Canal Basin 0.011 cfs/acre k. Henderson Creek Basin 0.08 cfs/acre 1. 1-75 Canal Basin 0.06 cfs/acre m. Imperial Drainage Outlet Basin 0.12 cfs/acre e- Island Walk Basin 0.055 cfs/acre n. (aka Harvey Basin), �- Lely Canal Basin 0.06 cfs/acre o. n Lely Manor Canal Basin 0.06 cfs/acre g. Main Golden Gate Canal Basin 0.04 cfs/acre [14-CM P-00913/1125251/1)73 Words underlined are added;words str-usk-thfoug14 are deleted—as Transmitted. Words double-underlined are added;words double-stk are deleted—as Recommended for Adoption. 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 r. Palm River Canal Basin 0.13 cfs/acre s. Pine Ridge Canal Basin 0.13 cfs/acre # Wigs--lass-Basin 0.13 cfs/acre g- All other areas 0.15 cfs/acre t. The County may exempt projects from these allowable off-site discharge rates if any of the following applies: *** *** *** * * *** text break *** *** *** *** *** 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "- ! =- • _ '- '- - - •- - ---- -- Permit Applications = - -----_ _-'-----=- =- - —' =-_ _ _=-"- _ •-- - Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014), or its successor. The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: 11bcc.colliergov.netldatalGMD-LDS\CDES Planning ServicestComprehensive\COMP PLANNING GMP DATAtComp Plan Amendments\2013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption\13-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx [14-CM P-00913/1125251/1173 Words underlined are added;words struck-through are deleted—as Transmitted. Words double-underlined are added;words double-stRieli4ffeti914 are deleted—as Recommended for Adoption. 3 ORDINANCE NO. 15- 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 TRANSPORTATION ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [P L20130001109/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-00913/1125257/1177 Page 1 P1.;2 0 1 3000 1 1 09/CPS P-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 TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Transportation Element 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-0091 3/1 1 25257/11 77 Page 2 P1,201300011091CPSP-2013-6 Rev. 12/15/14 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: -/(5 fL Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Transportation Element CI 4-C1OP-00913/1125257/1177 Page 3 P1,20130001109/CPSP-2013-6 Rev. 12/15/14 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 EXHIBIT "A" TRANSPORTATION ELEMENT (TE) *** *** *** *** *** text break *** *** *** *** *** A. FUTURE SYSTEM NEEDS [Revised text, page 1] *** *** *** *** *** text break *** *** *** *** *** 2. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal system. *** *** *** *** *** text break *** *** *** *** *** The characteristics of the highway network at this location resembles an "hour-glass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge; while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck" effect when too much traffic volume is forced through a constricted area. ** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised text, page 12] The standards for levels of service (LOS) of County arterial and collector roads appear in Policy 1.5; subsection "A" 1.5.A in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 1.4: The standards for levels of service (LOS) of state and federal roads in the County appear in Policy 1.5; subsection "B" 1.5.B in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text, page 16] Pursuant to Section 163.3180, Florida Statutes and the Urban lnfill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South US 41 [14-CMP-00913/1125252/1]74 Words underlined are added;words struck throes are deleted—as Transmitted. Words double-underlined are added;words double-st€a are deleted—as Recommended for Adoption. 1 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U: US 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 18] Commercial developments within the South U4- US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Residential developments within the South l-: US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three a years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. Developments within the South U..S- US 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will 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. ** *** *** *** *** text break *** *** *** *** *** Policy 5.6: [Revised text, page 18] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: [14-CMP-009131112525211 374 Words underlined are added;words struckk-throug#are deleted—as Transmitted. Words double-underlined are added;words double-st€oe144ret #are deleted—as Recommended for Adoption. 2 Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14 *** *** *** *** *** text break *** *** *** *** *** In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department Section that at least two Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three 2 years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5: [Revised text, page 20] The Collier County MPO's adopted Long Range Plan has identified a number of potential, critical need intersections, including an interchange in the vicinity of I-75/Everglades Boulevard; a US 41 US 41/SR-CR 951 grade separated overpass; and, a Randall Boulevard/Immokalee Road grade separated overpass. The County shall pursue such projects in a manner consistent with the findings of the AUIR and through the development of the FDOT 5-year Work Program, as appropriate. Ubcc.colliergov.net\datalGMD-LDSICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA1Comp Plan Amendments\2013 GMPAs Outside of Cycde1CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT,docx [14-GMP-00913/1125252/1 374 Words underlined are added;words S d 4404F are deleted as Transmitted. Words double-underlined are added;words double-str4044wie441 are deleted—as Recommended for Adoption. 3 EXECUTIVE SUMMARY Recommendation to consider approving Staff-Proposed 2011 Evaluation and Appraisal Report- Based Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, to Fix Glitches Related to Changes in 2011 EAR-Based Amendments and Revise for Internal Consistency, for Transmittal to the Florida Department of Economic Opportunity for review and Comments response. (Transmittal Hearing) OBJECTIVE: For the Board of County Commissioners (Board) to review several individual staff- initiated amendments to the Collier County Growth Management Plan (GMP) and consider approving said amendments for transmittal to the Florida Department of Economic Opportunity (DEO). CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for petition PL20130001109/CPSP-2013-6 on May 15, 2014. • This is the Transmittal hearing for these out of Cycle, staff-proposed amendments to the Conservation and Coastal Management Element, Capital Improvement Element, Future Land Use Element, Recreation and Open Space Element, Stormwater Management Sub-Element of the Public Facilities Element, and the Transportation Element of the Growth Management Plan. The amendments that are the subject of this hearing are limited in scope primarily to those directed by the Board following the adoption of 2011 EAR-based GMP amendments. Though not necessarily recommended by specific reference in the EAR, these general updating and "housecleaning" amendments seek to add clarity, correct text errors or omissions, provide harmony and internal consistency, and so forth. Further explanation and staff analysis is provided in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these GMP amendments. However, the costs associated with legal advertising/public notice for the public hearings are borne by the County. GROWTH MANAGEMENT IMPACT: Approval of these proposed amendments by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty-day (30) review process and ultimately return these amendments to the Planning Commission and the Board for final Adoption hearings to be held later in 2014. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of the Board is needed for transmittal to DEO. [HFACJ STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION (CCPC: That the CCPC forward petition PL20130001109/CPSP-2013-6 to the Board with a recommendation to adopt. The staff recommendation to the Board is the same-to adopt. COLLIER COUNTY PLANNING COMIVIISSION (CCPC) RECOMMENDATION: The CCPC forwarded petition PL20130001109/CPSP-2013-6 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 5/0). There were no public speakers to this item. STAFF RECOMMENDATION TO TH t+; BOARD OF COUNTY COMIVIISSIONERS (BOARD): The Board of County Commissioners (Board) approve for transmittal of the amendments to the Florida Department of Economic Opportunity(DEO). Prepared by: Corby Schmidt, AICP, Principal Planner, David Weeks, AICP, GM? Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CPSP-2013-6 CCPC Staff Report; 2) CPSP-2013-6 Resolution with Exhibit"A"text. Agenda Item 9H Ci Vit-r COL17�Lt STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: MAY 15, 2014 RE: PETITION NO. PL20130001109/CPSP-2013-6, STAFF-PROPOSED AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, CAPITAL IMPROVEMENT ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES, RECREATION AND OPEN SPACE ELEMENT, STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, AND THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN [TRANSMITTAL HEARING] REQUESTED ACTION and STAFF ANALYSIS: This proposal consists of several individual staff-initiated amendments, as authorized or directed by the Board of County Commissioners. Most of the amendments seek to add clarity, correct text and map errors or omissions, and provide harmony and internal consistency. Each amendment is identified below, followed by brief explanation/analysis. The proposed amendments themselves make up the Exhibit "A" accompanying the Transmittal Resolution. Conservation & Coastal Management Element(CCME): • Revise Statutory cites in INTRODUCTION, as amended earlier by Evaluation and Appraisal Report (EAR)-based Growth Management Plan (GMP) amendments elsewhere. • The subject of adopted 2011 EAR direction —the Objective 2.1 placeholder, "or its successor" appears in the 2013 Ordinance adopting EAR-based GMPAs, then awaiting adoption of specific document. • Deleting possessive modifier in Goal 6, for proper language of a GMP Goal. • Change year from "2012" to "2013" in Policy 6.1.1. • Remove the term "District" in this context in Policy 6.2.3. • The subject of adopted 2011 EAR direction — updating the reference to a State of Florida document to replace the Policy 6.5.2 placeholder text that was then awaiting adoption of specific document. • The subject of adopted 2011 EAR direction — revise Goal 8 and Objective 8.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • The subject of adopted 2011 EAR direction — revise Objective 9.3 and Policy 9.3.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • The subject of adopted 2011 EAR direction — revise Goal 11 and Objective 11.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • Revise department names in Policy 12.1.6. — 1 — Agenda Item 9H • Renumber policy with the number"12.1.16" to "12.1.15". • Revise department name in Policy 12.2.5. • Revise department/ director name in Policy 12.3.3. • The subject of adopted 2011 EAR direction —revise Objective 12.4 for proper language of a GMP Objective, and revise department name in Objective 12.4 and Policy 12.4.1. • The subject of adopted 2011 EAR direction — revise Goal 13 and Objective 13.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. Capital Improvement Element (CIE): • Revise Statutory cite in INTRODUCTION, as amended earlier by EAR-based GMPAs elsewhere. • Make singular the "Goals" in heading II. • Revise to include introductory statement in Policy 1.5.H, which did not get moved with other EAR-based amendments. • Update references to School District documents in "Public School Facilities Projects" section of the Schedule of Capital Improvements. • Delete entry no. 4, under Section V, referring to a Semi-annual Report that is no longer required. Re-number subsequent entries 5-7 to account for this deletion. • Update language in present entry 7 under Section V referencing Evaluation and Appraisal Reports; delete 7.B. to correlate with earlier deletion pertaining to a Semi-annual Report that is no longer required, and re-letter present 7.C; and, add new 7.0 to reflect statutory changes in 2011. • Revise throughout to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways —to be consistent. Future Land Use Element (FLUE): • Update reference to Florida Planning law in the UNDERLYING CONCEPTS, "Coordination of Land Use and Public Facilities" section. • De-capitalize a common noun in Policy 2.2. • Replace the informal "#" with the formal "No." for internal consistency in Policy 4.6 and throughout. Note: the strike through of the number symbol -#- may not be apparent. • Revise second paragraph under the "Urban Mixed Use District" section to delete a portion of one sentence for clarity— many years ago an amendment was adopted in which words were missing resulting in a nonsensical sentence; and, to revise another sentence for proper sentence structure. • Revise to remove the seldom found ":" (colon) for internal consistency from "Urban Residential Subdistrict:" and other applicable subdistrict headings where found. • Remove a repeated phrase Sending Lands subsection 9.d. • Revise to remove the seldom found "*" (asterisk) for internal consistency from North Belle Meade Overlay, In General, Planning Considerations' subsections and other applicable provisions where found. Note: the strike through of an asterisk-*- may actually appear to be an underline. • Revise the acronym-only heading for internal consistency from the "NRPA" subsection. • Revise Statutory cite in RLSA Policiesl.2, 4.2 and 4.7, as amended earlier in RLSA Policies 1.16 and 4.6 by EAR-based GMPAs and other applicable provisions where found. • Revise throughout to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways —to be consistent. —2— Agenda Item 9H Future Land Use Map Series (FLUM): • Add new Gordon River Greenway Conservation designation inset map and add inset map title to FUTURE LAND USE MAP SERIES listing. Recreation and Open Space Element(ROSE): • Revise to number headings; delete element name sub-heading. • Amend Policy 1.1.1 to replace Policy "1.5; subsection "G"" with Policy "1.5.G" for internal consistency. • Delete paragraph "C" under Policy 1.1.1. Paragraphs "A" and "B" in Policy 1.1.1 were correctly deleted from the ROSE by Ordinance 13-11 (EAR-based amendment) and the content of Paragraphs A and B were correctly added to the CIE by Ordinance 13-03 (EAR-based amendment). The content of Paragraph "C" was deleted from the CIE prior to 2008, but the glitch occurred when the duplicative Paragraph C in the ROSE was not. • Revise Goal 2 to be consistent with EAR-based re-formatting of goals, objectives and policies, throughout. Stormwater Management Sub-Element: • Revise to match earlier Sub-Element renaming as amended elsewhere in the INTRODUCTION for internal consistency, and to use upper case more similar to prevailing style found where a specific"Element" or "Sub-Element" is being referenced — making these proper nouns—and other applicable provisions where found. • Revise to number headings; Make singular the "Goals" in heading II. • Amend Policy 2.1 to replace Policy "1.5; subsection "C"" with Policy "1.5.C" for internal consistency. • The subject of adopted 2011 EAR direction—updating the reference to a State of Florida document to replace the Policy 6.2 placeholder text that was then awaiting adoption of specific document. Repeated in Policy 6.3 item 2. • The subject of adopted 2011 EAR direction—completing the incomplete list of basins and their respective discharge rates in Policy 6.3. Transportation Element (TE): • Revise to de-pluralize the word "resembles" in the FUTURE SYSTEM NEEDS, "Traffic Circulation Constraints" section. • Amend Policy 1.3 to replace Policy "1.5; subsection "A"" with Policy "1.5.A" for internal consistency. • Amend Policy 1.4 to replace Policy "1.5; subsection "B"" with Policy "1.5.B" for internal consistency. • Re-insert the word "and" between `Statutes' and `the' in Policy 5.4, which was unintentionally deleted by Ord. 13-4 (EAR-based GMPAs). • Insert parenthetical number entries where only written numbers appear, so as to add clarity in Policies 5.5 and 5.6. • Revise Policy 5.6 to correct the reference to "Department" affected by past renaming as part of an organizational change. • Insert thoroughfare designation entries to add clarity in Policy 6.5— and other instances where found. • Revise Policy 6.5 to add complete road names. • Revise to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways —to be consistent in Policies 5.4, 5.5, 6.5 and in the List of tables/Maps/Figures (un- adopted). — 3 — Agenda Item 9H ADDITIONAL STAFF ACTION and ANALYSES: Approval of amendments to the Growth Management Plan Element is intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. The above Elements of the GMP have a number of these in common, in particular: to update and make current the Tables of Contents, along with corresponding titles, headings and other entries — inside and between Elements—to maximize internal consistency. Environmental Impacts: The above amendments are primarily text and/or map corrections and clarifications, with no amendments resulting in a new change to the future land use designation. Accordingly, these amendments do not intensify the allowable uses or densities, and there are no new environmental impacts being authorized by any of these amendments. Public Facilities Impacts: Due to the nature of most of these amendments, there are no new impacts upon public facilities being authorized. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSP-2013-6 to the Board of County Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] —4— Agenda Item 9. PREPARED BY: 111 • Mt DATE: 1(0 /"!2 1 14_ CORBY SCHMI IT,AICP, PRI C PAL PLANNER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: 6 1.1/ DATE: .` DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: f .cam- DATE: /b Jl f I __yam MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVE-D1BY: I 7 -/Lf DATE: NtdK CA6ALANGU A,AD a.'.° OR GROWTH MANAGEMENT DIVISION PETITION NOs. PL20130001109 /CPSP-2013-6 Staff Report for the May 15, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the July 8, 2014, BCC Meeting. G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cycle1CPSP-2013-6 First Set of Batch Amendments\13-6 Transmittal Stff Rprt_4-16 finar.docx —5— RESOLUTION NO. 14- 1 5 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, 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 CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; CONSERVATION AND COASTAL MANAGEMENT ELEMENT; RECREATION AND OPEN SPACE ELEMENT; THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20130001109/CPSP-2013-6] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, 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, in accordance with Section 163.3191, Florida Statutes (2010), Collier County adopted its Evaluation and Appraisal Report ("EAR") of the Growth Management Plan on January 31,2011 by Resolution No.2011-24;and WHEREAS, the EAR.identified provisions of the Growth Management Plan that need to be amended;and WHEREAS, Collier County has prepared EAR-based plan amendments to address glitches related to 2011 EAR-based amendments to the following elements of its Growth Management Plan: Capital Improvement Element; Transportation Element; Conservation and Coastal Management Element; Recreation and Open Space Element; Future Land Use Element; Stormwater Management(Drainage) Sub-Element; EAR-based GMPA Page t of 3 Rev.4/16/14 Words underlined are additions;Words struck through are deletions cq and WHEREAS, on May 15, 2014, the Collier County Planning Commission considered the proposed EAR-based amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said amendments to the Board of County Commissioners;and WHEREAS, on July 8, 2014, the Board of County Commissioners at a public hearing approved the transmittal of the proposed EAR-based amendments to the Growth Management Plan to the state land planning agency in accordance with Section 163.3184,Florida Statutes;and WHEREAS,upon receipt of Collier County's proposed EAR-based Growth Management Plan Amendments, the Department of Economic Opportunity (DEO) has sixty (60) days to review the proposed EAR-based amendments and DEO must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said sixty(60)days pursuant to Section 163.3184(4),Florida Statutes;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 Amendments within one-hundred-eighty (180) days of such receipt pursuant to Section 163.3184(4), Florida Statutes;and WHEREAS, after the DEO makes a determination of completeness of the adopted EAR- based Growth Management Plan Amendments, the DEO has forty-five (45) days to review and determine if the Plan Amendments are in compliance with the Community Planning Act of 2011, pursuant to Section 163.3184(4),Florida Statutes. 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 EAR-Based Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity thereby initiating the required State evaluation of the Growth Management Plan Amendments, prior to final adoption and State determination of compliance with the Community Planning Act of 2011. HIS RESOLUTION adopted after motion, second and majority vote this day of L . ,2014. ATTEST; - BOARD OF COUNTY COMMISSIONERS l WLf FHT E. BRO( Q, CLERK COLLIE • I ' ,FLORIDA b k. IP l, ..1■ '/m0 t • ,� ., t . ia( n 1erk TOM ` NN I • Chairman signahue only. EAR-based GMPA Page 2 of 3 Rev.4116/14 Words underlined are additions;Words stfuek-threttgh are deletions C ,q Approved as to form and legality: A- eidi As ton-Cicko `t\\%) Managing Assistant County Attorney Attachment: Exhibit A—Text and Maps 14-CMP-0091.3/14 EAR-based GMPA Page 3 of 3 Rev.4/16/14 Words underlined are additions;Words struck through are deletions ci Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 EXHIBIT "A" PL20130001109IC PSP-2013-6 CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) I. INTRODUCTION [Revised text, page 1] Subsection 163.3177 (5)(d) (6)(d), Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with "the conservation, use, and protection of natural resources in the area, including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources, including factors that affect energy conservation." In 2002, the State Legislature made a change to This Subsection 163.3177 (6)(d), F.S., which also requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically, the Conservation Element must"assess their:current, as well as and projected, water needs and sources for at least a 10-year period." In addition to the Conservation Element, Subsection 163.3177 (5)(g) (6)(g), Florida Statutes, also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2.1: [Revised text, page 6] Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of the Basis of Review for Environmental Resource Permit Applications WithiR the South Flea Water Management District (2012) State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor, in effect at the time of project approval, and the retention and detention requirements, and the allowable off-site discharge rates required by Stormwater Management Sub-Element Policy 6.2 and 6.3, respectively; *** *** *** *** *** text break *** **,t *** *** *** GOAL 6: [Revised text, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.1: [Revised text, page 16] For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the DRAFT Words underlined are added;words stFuslc-threugh are deleted. 1 9c Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this Policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2042 2013, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.3: [Repositioned parenthetical and revised text, page 27] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved... The County shall direct impacts away from such wetlands. •** *** *** *** *** text break *** *** *** *** *** (2) Big Cypress Area of Critical State Concern (ACSC) Overlay Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations shall be limited to 10% of the total site. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas(NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90%. *** **« *** *** *** text break *** *** *** *** *** Policy 6.5.2: [Revised text, page 35] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: *** *** *** *** *** text break *** *** *** *** *** (3) Within the Rural Fringe Mixed Use District, stomiwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one-half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SFWMD'c DRAFT Words underlined are added;words are deleted, 2 c,� Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 -•c.:--:• • -_ , • _-__ !to State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of the State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor. *** *** *** *** *** text break *** *** *** *** *** GOAL 8: [Revised text, page 41] THE COUNTY SHALL TO MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: [Revised text, page 41] • -_ ' -_ - -- -e-'• - &Comply with all applicable federal and State air quality standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9.3: [Revised text, page 42] I.- -- _ -_- - __ _ • - - -----•--- - &Continue to hold its hazardous waste collection days at least once per year. Policy 9.3.1: [Revised text, page 42] The h-Hazardous waste collection days shall target residential households but also allow small businesses to participate to some extent. *** *** *** *** *** text break *** *** *** *** *** GOAL 11: [Revised text, page 50] THE-COUNTY-SHALL TO PROVIDE FOR THE PROTECTION, RESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: [Revised text, page 50] Te pProtect historic and archaeological resources in Collier County. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.6: [Revised text, page 52] The Directors of the Engineering Services Department/Transportation Planning Section and Bureau of Emergency Services Management Departments will review, at least annually, review evacuation route road improvement needs to ensure that necessary improvements are reflected within Table A, the Five-Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.14: [Revised text, page 53] All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is are required for new public schools and public community colleges and universities DRAFT Words underlined are added;words strusk-through are deleted. 3 Ct9 Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 ("State Requirements for Educational Facilities," 2007). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 72 hours. Policy 12.1.46 15: [Revised text, page 54] The County will coordinate with the Florida Department of Transportation on its plans to one-way evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. text break Policy 12.2.5: [Revised text, page 55] The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Bureau of Emergency Services and approved by the Board of County Commissioners. ** *** *** *** *** text break *_` ".* *** *** '** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Division Administrator, the Land Development Serviced Planning and Zoning Director, the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. text break *,* *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] The-County-shall mMake every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services Management Department in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks,first aid equipment, disaster cots and blankets, and defibrillators. Policy 12.4.1: [Revised text, page 56] All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Bureau of Emergency Services Management went prior to receiving a final development order. text break *** *** *** *** *** GOAL 13: [Revised text, page 56] THE CO UN_TY LL TO AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY T'1TG�P�Tr PROGRAMS. OBJECTIVE 13.1: [Revised text, page 57] To eEstablish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a DRAFT Words underlined are added;words struck gh are deleted. 4 CA c Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. CAPITAL IMPROVEMENT ELEMENT (CIE) I. INTRODUCTION [Revised parenthetical citation, page 1] *** *** *** *** *** text break *** *** *** *** *** One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service." The statute defines the phrase "level of service" as "...an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section !. -.!!- - , - .e- •;•• • - - - - 163.3164(28), Florida Statutes). *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised parenthetical citation, page 2] *** *** *** *** *** text break *** 4** *** *** *4* Policy 1.5: [Revised text, page 7] The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break *** *** *** *** *** C. County Stormwater Management Systems: *** *** *** *** *** text break *4* *** *** *** *** LEVELS OF SERVICE ATTAINED BY BASINS *** *** *** *** *** text break **. *** *** *** *** BASIN LEVEL OF SERVICE SOUTHERN COASTAL BASIN US 11 US 41 Outfall Swale No. 1 Basin D US 41 US 41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C *4* *4* *4* *** *** text break *** *** *4* *** *** H. Public School Facilities: Level of Service (LOS) standards for CSAs shall be based upon permanent FISH capacity: DRAFT Words underlined are added;words struck hrough are deleted. 5 c4( m�- Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 1. Elementary schools = 95 percent(0.95) of CSA Enrollment/FISH Capacity 2. Middle schools = 95 percent(0.95)of CSA Enrollment/FISH Capacity 3. High schools = 100 percent(1.00) of CSA Enrollment/FISH Capacity *** *** *** *** *** text break *** *** *** *** *** Collier County Schedule of Capital Improvements [Revised text, page 23] Public School Facilities Projects For the purpose of school concurrency, and in accordance with Policy 4.2, the County hereby incorporates, by reference, the School District's Capital Improvement Plan FY 13 32 14 — 33, approved on May 8, 2012 May 14, 2013; and, the District Facilities Work Program FY 13 17 14— 18, adopted by the School Board on September 12, 2012 September 10, 2013 is hereby incorporated as data and analysis. *** *** *** *** *** text break *** *** *** *** *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. *** *** *** *** *** text break *** *** *** *** *** 5 4. Update of Capital Improvement Element [Renumbered text, page 26] The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the Element will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: *** *** **. *«` *** text break *** *** *** *** **` &5. Concurrency Management System [Renumbered text, page 27] *** *** *** *** *** text break *** *** *** *** *** 7 6. Third Evaluation and Appraisal Report Reviews [Renumbered & revised text, page 28] The Required third Evaluation and Appraisal Report Reviews (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of therd each evaluation include: A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 5 above; DRAFT Words underlined are added;words str throug14 are deleted. 6 Cq Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 G B. Review of annual updates of this Capital Improvement Element, including updated supporting documents: and C. Review of State of Florida legislation concerning comprehensive planning and growth management passed since the previous EAR to evaluate effects on Collier County planning efforts. FUTURE LAND USE ELEMENT (FLUE) *** *** *** *** *** text break *** *** *** *** *** C. UNDERLYING CONCEPTS [Revised text, page 4] *** *** *** *** *** text break *"' *** *** *t* *** Coordination of Land Use and Public Facilities At the heart of Florida's GFewt&Management 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 Ddeveloper 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 1,47S,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 U-.& 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 DRAFT Words underlined are added;words staisic-thfoligll are deleted. 7 CA()) • Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. *** **' *** 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 BayshoreIGateway 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 LI,S,US 41 North and Goodlette-Frank Road; b. U-S,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.•- . - -- ---- - - - - --- -- •- --- - - -- •• - ---- - =- - - • 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 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] DRAFT Words underlined are added;words stiliGic-tIvretigil are deleted. 8 cc.„ Staff Proposed GMP Amendments CCPC Transmittal Draft 4116/14 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 CCME Policy 6.2.5 (6) b.1., and either "a" or "b" below: *** *** *** *** *** text break *** *** *** *** t*' 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 Jam: 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 *** *** *** *** *** 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.S. 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 DRAFT Words underlined are added;words are deleted. 9 • �ti Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 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/fumishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. b. Parcel 2 This parcel is located approximately '/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. *** *** 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 *** *** *** *** *** DRAFT Words underlined are added;words stcusic-thcough are deleted. 10 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 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 [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 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 speck 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 DRAFT Words underlined are added;words struck-threu g#are deleted. 11 C;�t Staff Proposed 6MP Amendments CCPC Transmittal Draft 4/16/14 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 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. at 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 'A of the western 1/4 of Sections 22 and 27, DRAFT Words underlined are added;words struck-hpaug#are deleted. 12 G Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 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. c. Greenway It 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 (NRPA) 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 ,*" *** **-Jr * DRAFT Words underlined are added;words struck are deleted. 13 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 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. 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 DRAFT Words underlined are added;words strums are deleted. 14 Staff Proposed GMP Amexdments CCPC Transmittal Draft 4/16/14 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 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 - ._ - :-. .-. _ : !. _.!!_ = 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 41 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 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 DRAFT Words underlined are added;words sirasl rougth are deleted. 15 Cq Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 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 Greenwav 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'.] DRAFT Words underlined are added;words struck-through are deleted. 16 G EXHIBIT A PETITION PL-2013-0001109/CPSP-2013-6 GORDON RIVER GREENWAY CONSERVATION AREA DESIGNATION D COLLIER COUNTY, FLORIDA • ,if OE 1 wt,„ l Illllulif an ! —� j: 1 �mum an C g . •, If1111 o ml :: al flllifif! ills = `a t i♦ IiiHiifll llfl lflls1111!_ i _Al CQIIDI G1E PARKWAY ....-,r IVA I" _... ., 1 avaiw saw , . • paviiiii 111 11071 pkWor ; awl. iiiiiit . d /4 ---- ■Now WI ill MIIIIIIMITE // 11111111111110 1111111111M111 IM: ., 'I•�� uu.uu•I Oro 11111M11191111L i� ttt mom 1� ■■■pl +,. till i ��Weil �IIIIIilliffi �Imuut f!!hill i'veee. %• t��� nee I�� LW St Img=UM I 00.1 .+21:i ME IIIIMNIPio ."' : wow" �' 0 air Oil st,Isla 111::{11:To live. 0a44 itllt ttltt . ,��� ���� 0• lllllllllllt'. .�. ill .� SUBJECT SITE. l!l/lli{l{{{ r PL-201 3-0001 109/ • _ /till{llnll ' =n - . ,_,__' CPSP-2013-6 �i11111f, __��1 1111111] ■ r+1,�d it am% Erns* ■ Way: • LEGEND SUBJECT SITE PREPARED BY: GIS/CAD MAPPING SECTION I - - - CITY LIMITS GROWTH MANAGEMENT DI SICK /PLANNING AND REGULATION I a _SCO Fl.I WOO Fm DATE: 3/2014 FILE: CPSP-2013-6.DWG t.1 y Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 RECREATION AND OPEN SPACE ELEMENT(ROSE) I. INTRODUCTION [Revised text, page 1] *** *** *•* *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] *** *** *** *** *** text break *** *** *** *** *** Policy 1.1.1: [Revised text, page 2] The standards for levels of service (LOS) of County parks and recreation facilities appear in Policy 1.5; subsection "G" 1.5.G in the Capital improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** -_ • -t-'• - _ •222 -- _ _ .-g level of service standards for facilities and land owned LEVEL OF SERVICE STANDARD: year of the County's fiscal year budget. County population. *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 5] GOAL 2: THE COUNTY SHAt t PROMOTE A PARK SYSYTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD(LOSS)CONTAINED IN THE CIE. DRAFT Words underlined are added;words stivek-t#rough are deleted. 18 C11 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 PUBLIC FACILITIES ELEMENT Stormwater Management Sub-Element(SM) *** *** *** *** *** text break *** *** *** *** *** I. INTRODUCTION [Revised text, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County, there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMD), maintains the larger, regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However, management of stormwater is concerned not only with flood prevention (a quantity issue), but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils, greases, heavy metals, pesticides, fertilizers and other substances, which can have a deleterious impact on the County's natural systems and, above all, its groundwater quality. Note that, in this respect, there is overlap in the intended purpose between the Drainage Stormwater Management and Natural Groundwater Aquifer Recharge Sub elements Sub-Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub element Stormwater Management Sub-Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub element Sub-Element is on groundwater protection. *** *** *** *,t* *** text break *** *** *** *** *** One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems, which will maintain predevelopment run-off conditions so that the capacity of the downstream portion of the watershed is not exceeded. In this respect, there is an overlap between the intended purpose of the Drainage Sub clement Stormwater Management Sub-Element and Goal 2 of the Conservation and Coastal Management Element, including the Watershed Management Plans discussed under Objective 2.1 of the CCME. *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] *** *** *** *** *** text break *** *** Policy 2.1: [Revised text, page 5] The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy 1.5; subsection "Cs 1.5.0 in the Capital Improvement Element. *** *** *** *** *** text break *** *** *** *** *** DRAFT Words underlined are added;words strusic-h h are deleted. 19 G �q Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the >- - = - - •-=- = :- -= •-• • -_ __ _ • • - - - _--- - .e- • - : • _ -e-•--• S - e State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor, as it existed at the time of project approval. Policy 6.3: [Revised text, page 5] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. 951 Canal North Basin 0.11 cfs/acre a- Airport Road North Canal 0.04 cfs/acre b. Sub-basin (North of Vanderbilt Beach Road) b- Airport Road South Canal 0.06 cfs/acre c. Sub-basin (South of Vanderbilt Beach Road) d. C-4 Basin 0.11 cfs/acre Cocohatchee River Canal Basin 0.04 cfs/acre e. f. Corkscrew Canal Basin 0.04 cfs/acre 9_ Cypress Canal Basin 0.06 cfs/acre h. Faka Union Canal Basin 0.09 cfs/acre (North of 1-75) L Gordon River Extension Basin 0.09 cfs/acre L Harvey Canal Basin 0.011 cfs/acre k. Henderson Creek Basin 0.08 cfs/acre L 1-75 Canal Basin 0.06 cfs/acre m. Imperial Drainage Outlet Basin 0.12 cfs/acre e: Island Walk Basin 0.055 cfs/acre n. (aka Harvey Basing Lely Canal Basin 0.06 cfs/acre o. • Lely Manor Canal Basin 0.06 cfs/acre g_ Main Golden Gate Canal Basin 0.04 cfs/acre r. Palm River Canal Basin 0.13 cfs/acre s. Pine Ridge Canal Basin 0.13 cfs/acre • Wiggins Pass Bain 043- laGr$ g All other areas 0.15 cfs/acre t. The County may exempt projects from these allowable off-site discharge rates if any of the following applies: *** *** *** *** *** text break *** *** *** *** *** 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the"-s•' ! '- - '- '- • - •••• . "•-e- - •••' ' -- .- - State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its DRAFT Words underlined are added;words 414k-through are deleted. 20 ��r Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 successor. The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: TRANSPORTATION ELEMENT (TE) *** *** *** text break *** *** *** .** *** A. FUTURE SYSTEM NEEDS [Revised text, page 1] *** *** *** *** *** text break *** *** *** *** *** 2. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41)to its connection with the Golden Gate canal system. *** *** *** *** *** text break *** *** *** *** *** The characteristics of the highway network at this location resembles an "hour-glass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge; while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck"effect when too much traffic volume is forced through a constricted area. *** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised text, page 12] The standards for levels of service (LOS) of County arterial and collector roads appear in Policy-1- "A" 1.55.A in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 1.4: The standards for levels of service (LOS) of state and federal roads in the County appear in Policy 1.5; subsection "B" 1.5.B in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text, page 16] Pursuant to Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South J US 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South US 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: DRAFT Words underlined are added;words struck are deleted. 21 Ci Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 18] Commercial developments within the South US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Residential developments within the South 14,S- US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management (TOM) strategies will be utilized: *** *** *** *** *** text break *** *** *** **„ *** Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three (3) years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. Developments within the South U& US 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will 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. *** *** *** *** *** text break *** *** *** *** *** Policy 5.6: [Revised text, page 18] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: *** *** *** *** *** text break *** *** *** *** *** In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department Section that at least two (2)Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three [3 years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies DRAFT Words underlined are added;words Wigh are deleted. 22 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 may be made within the first three (3) years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three L3j years and in three year increments until the TDM strategies are deemed effective. *** *** *** *** *** text break **" *** *** *** *** Policy 6.5: [Revised text, page 20] The Collier County MPO's adopted Long Range Plan has identified a number of potential, critical need intersections, including an interchange in the vicinity of 1-75/Everglades Boulevard; a US-11 US 41/SR-CR 951 grade separated overpass; and, a Randall Boulevard/Immokalee Road grade separated overpass. The County shall pursue such projects in a manner consistent with the findings of the AUIR and through the development of the FDOT 5-year Work Program, as appropriate. G:ICDES Planning Service slComprehensiveCOMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of Cyde113-6 Single GMPA Exhbt A_4-15 finaLdoa DRAFT Words underlined are added;words sect rough are deleted. 23 C 9 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on January 27,2015 in'theBoard of County Commissioner's. Chamber,Third Floor,Collier County Government Center,3299 Tamiaml Trail East,. Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OFTHE 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 CAPITAL IMPROVEMENT ELEMENT;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.-61 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 TRANSPORTATION. ELEMENT;RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, (PL20130001109/CPSP-2013-61 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 CONSERVATION AND COASTAL MANAGEMENT ELEMENT;RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILrIY;AND PROVIDING FOR AN EFFECTIVE DATE.EPL20130001109/CPSP-201361 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 RECREATION AND OPEN SPACE ELEMENT;RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNIT'Y; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001109/CPSP-2013.61 AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OFTHE 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. EPL20130001109/CPSP-2013-6] 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 STORMWATER MANAGEMENT(DRAINAGE)SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [P120130001 1 09/CPSP-2013-61 All Interested parties are Invited to appear and be heard.Copies of the proposed ORDINANCES will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples.FL., between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for Inspection at the Collier County Clerk's Office fourth floor,suite 401,Collier County Government Center, East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning&Zoning Department, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to January 27,2015 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or heating,he Will need a record of that proceeding,and for such purpose he may heed to ensure that a verbatim record of the proceedings is made,which record Includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite 101,Naples FL 34113-5356, (239)252-83.80,at least two days prior.to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARDOF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn,Deputy Clerk(SEAL). January 7,2015 No.2042702