Agenda 12/09/2014 Item # 9B 12/9/2014 9.B.
EXECUTIVE SUMMARY
Recommendation to deny the single petition within the 2014 Cycle 1 of Growth
Management Plan Amendments for transmittal to the Florida Department of Economic
Opportunity for Review and Comments response, for an amendment specific to the San
Marino project,Transmittal Hearing.
OBJECTIVE: For the Board to deny the one petition in the 2014 Cycle 1 of amendments to the
Collier County Growth Management Plan (GMP) for transmittal to the Florida Department of
Economic Opportunity (San Marino project).
CONSIDERATIONS:
• Chapter 163, F.S., provides for an amendment process for a local government's adopted
Growth Management Plan.
• Resolution 12-234 provides for a public petition process to amend the Collier County
GMP.
• The Collier County Planning Commission (CCPC), sitting as the "local planning agency"
under Chapter 163.3174, F.S., held their Transmittal hearing for the 2014 Cycle 1 petition
on November 6, 2014 (one petition only, PL20140000113/CP-2014-2).
• This Transmittal hearing for the 2014 Cycle 1 considers an amendment to the Future
Land Use Element.
Note: Because the support materials (petition only) are voluminous, and some exhibits are
oversized, the Agenda Central system contains as noted, "confidential" the related document
pertaining to this GMP amendment. A link has been provided to the `1' drive on page 4 of this
document in order to view the document. The entire Executive Summary package, including all
support materials, is available for review in the Comprehensive Planning Section of the Zoning
Department office, located at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of
Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Or, the entire
Executive Summary package may be viewed on the Comprehensive Planning Section GMP
Amendments web page, via http://www.collieraov.net/index.aspx?pace=2460.
Petition PL20140000113/CP-2014-2 seeks to amend the Future Land Use Element (FLUE) text
of the GMP to introduce two site-specific exceptions from existing limitations in the Transfer of
Development Rights (TDR) program, affecting the transfer of TDR credits among properties in
the Rural Fringe Mixed Use District (RFMUD) and the Urban Residential Fringe (URF)
Subdistrict. Adoption of these amendments will grant new rights exclusive to [the undeveloped
portion of] the San Marino Planned Unit Development (PUD) property - to utilize 52% more
TDRs than other development in the URF, and allow those TDRs from distant RFMUD Sending
Lands.
Presently, properties located within the URF may only receive TDR density transfers from the
RFMUD Sending Lands located within one (1) mile of the URF boundary. Stated differently,
TDR credits may be transferred from any RFMUD Sending Lands to any RFMUD Receiving
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Lands and Urban area receiving lands except that TDR credits from Sending Lands beyond one
(1) mile of the URF boundary cannot be transferred into the URF. Part of this proposed
amendment will allow the transfer of TDR credits originating more distant than one (1) mile
from the URF boundary for use in [the undeveloped portion of] the San Marino PUD, which is
located in the URF.
Also, at present, properties located within the URF may receive the above-described TDR
transfers at up to 1.0 dwelling unit per acre (DU/A) via the transfer of one TDR per acre - in
addition to the base density of 1.5 DU/A. Stated differently, the maximum residential URF
density may be increased from 1.5 DU/A to 2.5 DU/A utilizing TDRs through the Density Rating
System. Part of this proposed amendment will increase the allowed transfer of TDR credits into
the URF from 1.0 DU/A to 1.52 DU/A via TDRs for use in [the undeveloped portion of] the San
Marino PUD— increasing total density from the present maximum allowed 2.5 DU/A to 3.02
DU/A via use of TDRs — a 0.52 DU/A increase or an increase of 102 DUs). [Note: The
application identifies the request is to allow 4.0 DU/A for an increase of 1.5 DU/A or 295 DUs.
At the Planning Commission hearing, the petitioner reduced the request to 3.02 DU/A for an
increase of 0.52 DU/A or 102 DUs. This irregular density figure (0.52 DU/A) is so as to allow
development of the site with a total of 300 DUs; the density calculation is described further
below.]
The site of this GMP amendment request comprises only a portion of the San Marino PUD
(196.4 acres of the total 235 acres); the PUD is already approved for the maximum base density
of 1.5 DU/A, for a total of 352 DUs; approximately 39 acres of the PUD are developed with an
apartment complex consisting of 350 DUs — most of that density being derived from the subject
196.4-acre portion of the total 235 acres in the PUD; and, the subject site will utilize the two (2)
remaining DUs approved in the PUD but un-built. All of this may lead to some confusion in
attempting to understand the density calculations resulting from this amendment request; the
below table may help.
Subject site = 196.4 acres
Base density (presently allowed) 1.5 DU/A 295 DUs
TDR density (presently allowed) 1.0 DU/A 196 DUs
TDR density increase—this petition 0.52 DU/A 102 DUs
SUM 3.02 DU/A 593 DUs
From the above table: Of the 593 DUs total proposed, subtract 295 DUs that have already been
approved in the San Marino PUD and already built on the 39-acre portion of the PUD to yield
298 DUs (196 + 102); then, add the 2 DUs approved in the PUD but un-built to yield 300 DUs to
be developed on this 196.4-acre site.
Again from the above table: All 298 DUs (196 + 102) will be derived from TDR credits; this
amendment would allow the increase of 102 DUs, and would allow all 298 TDR credits to be
derived from any RFMUD Sending Lands (within or beyond I mile from the URF boundary).
There are three existing exceptions to the 2.5 DU/A cap in the URF; two of these projects include
provision of affordable/workforce housing, a priority at the time (First Assembly Ministries PUD
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—approved in 2008, no DUs built, and Rockedge PUD—approved in 2006, no DUs built [a pre-
application meeting was held in November 2014 at which the applicant indicated plans to pursue
development at a maximum of 2.5 DU/A with no provision of affordable-workforce housing]),
and the third is Hacienda Lakes — approved in 2011. Two developments in (or partially in) the
URF are approved for density of 2.5 DU/A with use of TDRs — Lord's Way 30 Acre PUD and
Naples Reserve PUD, and another is pending — Lido Isles PUD. All other developments in the
URF are approved at no greater than 1.5 DU/A (Forest Glen of Naples PUD, Willow Run PUD,
Winding Cypress PUD, and the existing San Marino PUD.
Staff's evaluation and analysis of this petition included/considered: history of the Rural Fringe
GMP amendments; the stated intent that the URF provide a transitional density; that the 2011
Evaluation and Appraisal Report did not identify a need for changes to the URF regarding
transitional density or restriction on TDR derivation; the applicant's justifications; the supply
and demand of TDR credits and how they are proposed to be transferred into the San Marino
property; environmental impacts; and, traffic capacity/traffic circulation impact analysis and
other public facilities impacts. This review resulted in the following findings and conclusions:
• Correlating amendments to the San Marino PUD are needed and may be submitted
subsequent to, or concurrent with,the Adoption phase of this GMP amendment petition.
• Public Utilities' staff does not have preliminary issues with respect to the proposed
amendment.
• The part of the GMP amendment allowing the transfer of TDR-derived residential density
from more than one (1) mile from the Urban Boundary to the undeveloped portion of the
San Marino PUD would satisfy a portion of the potential unmet need in the Urban
Residential Fringe for TDR credits.
• The proposed GMP amendment will have no affect on the requirements of the
Conservation and Coastal Management Element (CCME) and will support the intent of
the TDR program by directing development away from environmentally sensitive
RFMUD Sending Lands.
• The majority of the site is forested with native vegetation, twenty five percent of which is
required to be retained in accordance with the CCME. Native vegetation preservation
may not change from this amendment, while Goals of the RFMUD may be met without
any need for change.
• This amendment will result in increased demand for TDRs in one area [Sending Lands
beyond 1 mile from URF] but decreased demand for them in another [Sending Lands
within 1 mile of URF] 1 while no net benefits are gained for the TDR program.
• Impact upon the TDR program could be noteworthy in that a number of TDR credits
originally intended for use in areas of RFMUD designated Receiving Lands will be
redirected to the Urban Residential Fringe—a reallocation of TDR credits.
• The number of TDRs available from "qualified" Sending Lands is sufficient at this time.
• This GMP amendment increases the potential devaluation of TDR credits generated from
Sending Lands within one mile of the URF.
• The Urban Residential Fringe is intended for, and developed with, lower "transitional"
residential densities; a more compatible and consistent development pattern would be
maintained without approval of the proposed higher density.
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• Continued approval of exceptions to the URF density cap lessens the intended transition
and encourages further requests for such exceptions — and suggests that the density cap
may no longer be appropriate for the Subdistrict as a whole.
Staff found the data and analysis for the subject GMP amendment does not support the proposed
changes to the FLUE. Additional staff analysis of this petition is included in the CCPC Staff
Report.
FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of this amendment,
as this is for the Transmittal of this proposed amendment. Petition fees account for staff review
time and materials, and for the cost of associated legal advertising/public notice.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote
of the Board is needed for adoption of the Resolution. [HFAC]
GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board
for Transmittal to the Florida Department of Economic Opportunity will commence the
Department's thirty (30) day review process and ultimately return the amendment to the CCPC
and the Board for Adoption hearings to be held early to late Spring in 2015.
ENVIRONMENTAL ISSUES: The majority of the petition site is forested with native
vegetation, twenty five percent of which is required to be retained in accordance with the
requirements of the CCME. Approximately 71 percent of the site (139.50 acres) contains State
and Federal jurisdictional wetlands.
No listed wildlife species were observed during the survey conducted in February, 2014.
However, two listed plant species were identified on the property; they are subject to the Land
Development Code requirements for possible relocation.
As part of the process of obtaining subsequent development orders (e.g. site development plan),
the site will be subject to all applicable local, state and federal environmental protection
regulations, including applicable portions of the CCME, and the Land Development Code.
HISTORICAL/ARCHAEOLOGICAL IMPACT: No archaeological sites or cultural
resources are recorded for or likely to be present within the San Marino site, and it is unlikely
that any such sites or resources will be affected.
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING
COMMISSION: That the CCPC forward Petition CP-2014-2, as proposed, to the Board of
County Commissioners with a recommendation not to approve for transmittal to the Florida
Department of Economic Opportunity.
Staff did, however, recommend approval of a different version of FLUE text: allowing for the
transfer of TDR credits from Sending Lands property more than one (1) mile from the Urban
boundary; removing the density increase; and, incorporating non-substantive changes for proper
code language, format, clarity, brevity, etc.
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COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC
forwarded petition PL20140000113/CP-2014-2, as modified by the petitioner to reduce the
density increase request to 0.52 DU/A (3.02 DU/A total), to the Board with a recommendation to
approve for transmittal to the Florida Department of Economic Opportunity (vote: 7/0), subject
to the staff-recommended non-substantive changes.
STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS:
Same as to the CCPC — not to transmit petition PL20140000113/CP-2014-2, as submitted or as
revised at the CCPC meeting,to the Florida Department of Economic Opportunity.
Staff does, however, recommend approval of a different version of FLUE text: allowing for the
transfer of TDR credits from Sending Lands property more than one (1) mile from the Urban
boundary; removing the density increase; and, incorporating non-substantive changes for proper
code language, format, clarity, brevity, etc.
Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, GMP Manager,
Comprehensive Planning Section, Zoning Department, Growth Management Division
Attachments:
1) PL201400001 1 3/CP-2014-2 CCPC Staff Report; 2)PL20140000113/CP-2014-2 Resolution
with Exhibit"A"text; 3)NIM Mtg. Affidavit of Compliance 4) CP-2014-2 Application Backup
Information (petition only); due to the size of the entire document,the complete back-up is
accessible at:
http://www.colliergov.net/ftp/AQendaDec0914/GrowthMgmt/PL20140000113 CP-2014-
2 SanMarino Petition.pdf
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12/9/2014 9.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.B.
Item Summary: Recommendation to deny the single petition within the 2014 Cycle 1 of
Growth Management Plan Amendments for transmittal to the Florida Department of Economic
Opportunity for review and Comments response,for an amendment specific to the San Marino
project,Transmittal Hearing.
Meeting Date: 12/9/2014
Prepared By
Name: KendallMarcia
Title: Planner, Senior, Comprehensive Planning
11/12/2014 1:02:57 PM
Approved By
Name: WeeksDavid
Title: Manager-Planning, Comprehensive Planning
Date: 11/14/2014 11:31:02 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 11/17/2014 4:16:44 PM
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
Date: 11/18/2014 10:12:58 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 11/21/2014 11:38:16 AM
Name: CasalanguidaNick
Title: Administrator-Growth Management Div, Business Management&Budget Office
Date: 11/24/2014 11:32:36 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Sys, Office of Management&Budget
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12/9/2014 9.B.
Date: 11/24/2014 2:31:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/24/2014 2:42:09 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 11/25/2014 11:13:13 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2014 1 1:08:02 PM
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Agend.12/9/2014 9.B.
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING
AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION
HEARING DATE: November 6, 2014
SUBJECT: PETITION CP-2014-2/ PL-2014-0000113, Growth Management Plan Amendment
(TRANSMITTAL HEARING)
APPLICANTS/OWNERS/AGENTS:
Stock Development H & LD Venture, LLC
c/o Keith Gelder c/o Joe Boff
2647 Professional Circle, Suite 1201 11145 Tamiami Trail East
Naples, Florida 34110 Naples, Florida 34113
HCN Foundation Habitat for Humanity of Collier Co., Inc.
Landstrasse 11 11145 Tamiami Trail East
Triesen, Liechtenstein Naples, Florida 34113
Alexis V. Crespo,AICP Richard D. Yovanovich, Esq.
Waldrop Engineering, P.A. Coleman, Yovanovich & Koester, P.A.
28100 Bonita Grande Drive, Suite 305 4001 Tamiami Trail North, Suite 300
Bonita Springs, Florida 34135 Naples, Florida 34103
GEOGRAPHIC LOCATION:
The subject site is within the San Marino Planned Unit Development (PUD) and comprises
approximately 196 acres of the 235-acre PUD. It is located on the east side of Collier Boulevard
(CR 951), approximately 1.5 miles south of Davis Boulevard (CR 84), 1.5 miles north of
Rattlesnake Hammock Road (CR 864), north and east of the developed portion of the San
Marino PUD, north and west of the proposed Willow Run PUD (now Willow Run Sand & Gravel)
and, south of Forest Glen Golf & Country Club PUD, in Section 11, Township 50 South, Range
26 East (Royal Fakapaim Planning Community).
REQUESTED ACTIONS:
This petition seeks to amend the Future Land Use Element (FLUE) text of the Growth
Management Plan to introduce two site-specific exceptions from existing limitations in the
Transfer of Development Rights (TDR) program, affecting the transfer of TDR credits among
properties in the Rural Fringe Mixed Use District (RFMUD) and the Urban Residential Fringe
(URF) Subdistrict. The first amends the URF Subdistrict provisions themselves, while the
second amends the way density transfers are permitted by Density Bonuses' provisions of the
FLUE Density Sating System.
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Agenda
Properties located within the URF may only receive TDR density transfers from the RFMUD
Sending Lands located within one (1) mile of the URF boundary. Stated differently, TDR credits
may be transferred from any RFMUD Sending Lands to any RFMUD Receiving Lands and
Urban area receiving lands except that TDR credits from Sending Lands beyond 1 mile of the
URF boundary cannot be transferred into the URF. Part of this proposed amendment will allow
the transfer of TDR credits originating more distant than one (1) mile from the URF boundary for
use in [the undeveloped portion of] the San Marino PUD, which is located in the URF.
Presently, properties located within the URF may receive the above-described TDR transfers at
up to 1.0 dwelling unit per acre (DU/A) via the transfer of one TDR per acre. Stated differently,
the maximum residential URF density may be increased from 1.5 DU/A to 2.5 DU/A utilizing
TDRs through the Density Rating System. Part of this proposed amendment will allow the
transfer of TDR credits at up to 2.5 DU/A for use in [the undeveloped portion of] the San Marino
PUD (increasing density from 1.5 DU/A to 4 DU/A).
Adoption of these amendments will grant new rights exclusive to the San Marino property to
utilize two and one-half times more TDRs from distant RFMUD Sending Lands than other
development in the URF. (CP-2014-2 Resolution Exhibit A reflects the petition's proposed text
changes;staff text alternatives are located under Staff Recommendation at end of this Report)
SURROUNDING LAND USE,ZONING AND FUTURE LAND USE DESIGNATION:
Subject Site: The 196.4-acre subject site is zoned San Marino PUD; that total (235 acres)
PUD is approved for 352 multi-family units, golf course, and 103 acres of preserves. Of the 352
approved DUs, 350 DUs are built on 39 acres. The undeveloped 196.4-acre subject site is
designated in the PUD as golf course and preserve. The PUD's gross density is 1.5 DU/A (352
DUs/235 acres) and net density is 8.98 DU/A(350 built DUs/39 acres).
The subject site is designated Urban, Urban Mixed Use District, Urban Residential Fringe
Subdistrict (URF) on the Future Land Use Map. This site does not abut the RFMUD to the east.
The transitional Urban Residential Fringe Subdistrict (URF) allows a maximum gross density of
1.5 DU/A, or 2.5 DU/A through use of TDR Credits (1.5 DU/A base density + 1.0 DU/A TDR
Credits = 2.5 DU/A maximum). The maximum gross density (1.5 DU/A) approved in San
Marino PUD has been used except for 2 DUs (350/352 DUs built).
San Marino PUD site (235 acres)- Eligible Density
Existing Conditions
No. of Acres Density Total No. of DUs
235 Base 1.5 DU/A 353
235 TDRs 1.0 DU/A 235
Total Eligible 2.5 DU/A 588 (approved for 352 DUs)
Proposed
No. of Acres Density Total No. of DUs
235 Base 1.5 DU/A 353
39 (developed apartment site) TDRs 1.0 DU/A 1 39
196.4(undeveloped subject site) TDRs 2.5 DU/A 491
Total Eligible 39 acs. @ 2.5 DU/A1\ 883*
196.4 acs. @ 4.0 DU/A
* Likely maximum of 844 DUs, as the 39-acre site is built-out with a 350-unit apartment
complex.
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Agenda 12/9/2014 9.B.
Surrounding Lands:
North: A large portion of bounding lands to the north of the subject site is zoned PUD (Forest
Glen of Naples PUD, approved for a variety of commercial uses (100,000 sq. ft. on 10 acres),
residential uses (799 residential units), golf course (70 acres), essential services (including fire
station site), and 385 acres of preserve and open space. Of the 799 approved DUs, 769 DUs
have been built; the golf course and fire station are also built. The PUD's gross density is 1.28
DU/A (799 DUs/625 noncommercial acres) and the net density is 4.52 DU/A(769 built DUs/170
acres. The portion generally west of an FPL ROW is zoned A, Rural Agricultural, which allows
agricultural uses, single-family residential at a maximum density of 1 DU per 5 acres [0.2 units
per acre], and a variety of institutional and recreational uses subject to the conditional use
process; these A-zoned lands are undeveloped.
All of these lands are designated Urban Mixed Use District, Urban Residential Fringe Subdistrict
(URF) on the Future Land Use Map.
West: Land to the west of the subject site [across CR 951] is zoned PUD (Naples National Golf
Club), approved for residential uses (24 DUs/guest suites), a golf course and 184 acres of
preserve/conservation. Of the 24 approved units, 12 have been built, as well as the golf course.
The PUD's gross density is 0.075 DU/A(24 DUs/320 acres).
The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict.
South: A portion of bounding lands to the south of the subject site is zoned San Marino PUD
and developed with Aventine at Naples apartments (350 units built out of 352 total approved in
the PUD). The portion generally east of an FPL ROW is zoned A, Rural Agricultural, with a
Conditional Use for an earth materials extraction operation, and developed as the Willow Run
Quarry. The Willow Run property is pending PUD approval for 590 dwelling units (1.06 units per
acre), associated recreational uses, and preserves.
These lands are designated Urban Mixed Use District, Urban Residential Fringe Subdistrict
(URF) on the Future Land Use Map.
East: Land to the east of the subject site is also zoned A, Rural Agricultural, with a Conditional
Use for an earth materials extraction operation, and developed as the Willow Run Quarry. The
Willow Run property is pending PUD approval for 590 dwelling units (1.06 units per acre),
associated recreational uses, and preserves; it is partly located in the URF and partly in RFMUD
Sending Lands. These Sending Lands do not abut the subject site to the west.
The Future Land Use designation is also Urban Mixed Use District, Urban Residential Fringe
Subdistrict (URF).
In summary, the existing land uses in the area immediately surrounding or directly opposite the
subject PUD are predominately rural non-residential in nature to the east, and residential to the
west, north and [pending] south.
STAFF ANALYSIS:
Background and Considerations -
History of the Rural Fringe GMP Amendments: The Governor and Cabinet issued a Final
Order on June 22, 1999, pertaining to GMP amendments adopted in 1997 pursuant to the 1996
Evaluation and Appraisal Report (EAR). The Final Order required the County to conduct a
Rural and Agricultural Assessment for the Rural and Conservation Designated lands within the
County, and then adopt measures to protect natural resources such as wetlands, wildlife and
their habitats, and prevent the premature conversion of unique agricultural lands to other uses.
This was to be accomplished while directing incompatible land uses away from these sensitive
lands by employing creative land planning techniques.
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The Final Order allowed the County to conduct this Assessment in phases. Accordingly, the
County divided the Assessment into two geographical areas, the Rural Fringe Area and the
Eastern Rural Lands Area. Relevant to this petition, the Rural Fringe Mixed Use District
(RFMUD) was established. The RFMUD represents a transitional area between Golden Gate
Estates and the County's urban area, and between the urban area and vast agricultural lands
and agricultural operations farther to the east. The RFMUD consists of approximately 73,222
acres and is divided into three distinct designations: Sending Lands (±41,535 acres originally; ±
41,414 acres now), Receiving Lands (± 22,020 acres originally; ± 22,373 acres now), and
Neutral Lands (+ 9,667 acres originally; ± 9,427 acres now). Allowable uses, density, and
preservation standards vary by designation.
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.
The preservation standard for non-NRPA Sending Lands is eighty percent (80%) of the native
vegetation on site while the standard for NRPA Sending Lands is ninety percent (90%). Density
is limited to 1 dwelling unit per 40 acres or 1 dwelling unit per legal non-conforming lot/parcel of
record (created on or before June 22, 1999). Transfer of development rights from Sending
Lands may occur at a rate of 1 dwelling unit per five acres (0.2 du/ac.) [later increased to
account for each of three types of TDR bonus credits thereby allowing a maximum transfer of
0.8 TDR credits per 5 acres] or 1 dwelling unit per legal non-conforming lot / parcel of record.
Permitted non-residential uses are limited to: agricultural uses, consistent with the Florida Right
to Farm Act; habitat preservation and conservation uses; passive parks and other passive
recreational uses; sporting and recreational camps; limited essential services; and oil extraction
and related processing.
Receiving Lands are those lands identified as being the most appropriate for development and
to which residential units may be received from areas designated as Sending Lands. The
preservation standard for Receiving Lands, except for the North Belle Meade Overlay, is forty
percent (40%) of the native vegetation present, not to exceed twenty-five percent (25%) of the
total site area to be preserved. The base residential density (non-Rural Village development) is
1 dwelling unit per 5 acres (0.2 du/ac.) or 1 dwelling unit per legal non-conforming lot/parcel of
record. The maximum density achievable for non-Rural Village development is 1 dwelling unit
per acre, through the Transfer of Development Rights (TDRs). The minimum and maximum
density for Rural Village development within Receiving Lands is 2 and 3 dwelling units per acre,
respectively, except that the minimum density for Rural Village development on Receiving Lands
within the North Belle Meade Overlay is 1.5 dwelling units per acre. Permitted non-residential
uses are primarily the same as those uses permitted in the agricultural zoning district prior to the
Final Order (e.g. full range of agricultural uses, community facilities, recreational uses, etc.).
Neutral Lands are those lands suitable for semi-rural residential development. Generally,
Neutral lands have a higher ratio of native vegetation than lands designated as Receiving
Lands, but do not have values approaching those in the Sending Lands. The preservation
standard for Neutral Lands is sixty percent (60%) of the native vegetation present, not to exceed
forty-five percent (45%) of the total site area to be preserved. The maximum residential density
is limited to 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-conforming lot/parcel of record.
These lands are "neutral" to the TDR program and do not generate or receive residential
density. Permitted non-residential uses are primarily the same as the uses permitted in the
agricultural zoning district prior to the Final Order(e.g. full range of agricultural uses, community
facilities, recreational uses, etc.).
The consultant who assisted in development of the RFMUD TDR program found a correlation
between the proximity of properties lying east of CR 951 and their land values. The higher
transitional/residential densities allowed in the Urban Residential Fringe affected these nearer
lands with higher property values while more-distant Sending Lands -- which are less dense,
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Agenda 12/9/2014 9.B.
further removed from urban services, less acceptable, and so forth - revealed notably lower
values.
This geographical relationship was recognized and specific limitations established to
bolster TDR values for the more proximate lands, and provided special arrangements for the
transfer, redemption and use of TDRs.
The consultant also directly addressed the TDR program, and predicted the haste which
requests to change the program to benefit only a few, or single, landowners would appear. The
County was cautioned to keep the TDR program intact [for a substantial period of time].
Changes weaken the program, diminish TDR values and discourage the viability of long-term
continuing participation.
Applicant's Justifications: (Refer to application "Exhibit P", Amendment Justification
Narrative)
The justifications asserted in the application for the proposed amendments [with staff
assessments]are:
1) The proposed amendment furthers the RFMUD goal to preserve Sending Lands by
providing additional opportunities for TDRs to be utilized by Receiving Lands;
[Staff Assessment: Not acknowledged » Creating additional demand for TDRs may
only accelerate the timing of TOR severances, thus the timing of Sending Lands'
protection - but the goal to protect Sending Lands may be met without any need for
change. With respect to utilization of TDRs by Receiving Lands, this GMPA will not
result in TDRs being used in RFMUD Receiving Lands but does create opportunity
for more TDRs to be used in URF receiving lands.]
2) Will further the objectives of the TDR program by increasing demand for TDRs;
[Staff Assessment:Acknowledged; However, no net benefits are gained for the TDR
program - this amendment will result in increased demand for TDRs in one area
(Sending Lands beyond I mile from URF)], while simultaneously resulting in
decreased demand for them in another (Sending Lands within 1 mile of URF);
creating additional demand for TDRs may accelerate the redemption of TDR credits
from Sending Lands beyond 1 mile from the URF while decelerating the redemption
of TOR credits from Sending Lands within 1 mile of the URF.]
3) Will allow for a compact and contiguous development pattern along a major arterial
thoroughfare with available public services and infrastructure;
[Staff Assessment: Acknowledged; However, the Urban Residential Fringe is
intended for and developed with lower, "transitional" residential densities; A more
compatible and consistent development pattern would be maintained without
approval of the higher, proposed density.]
4) Will be compatible with adjacent developments, both existing and proposed; and,
[Staff Assessment: Cannot Be Ascertained » Compatibility issues are more
specifically addressed in the consideration of rezone requests; However, potential
compatibility issues accompany the higher residential density in an area intended for
lower, transitional density]
5) Will recognize that sufficient "qualified" Sending Lands are not available to support the
development potential in the URF.
[Staff Assessment: Acknowledged » Potential development in the URF would
ultimately demand approximately twice the number of TDRs available from `qualified"
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Sending Lands; However, the number of TDRs available from "qualified" Sending
Lands is sufficient at this time.]
Generally, only some of these justifications support the petition, while others are arguably too
generalized, characterize attributes that would be applicable to other properties, or cannot be
ascertained.
TDR Credits -Supply/Demand and How Proposed to Transfer into San Marino:
Of all Sending Lands, only those located within one mile of the Urban designated area qualify to
transfer TDR credits into the transitional Urban Residential Fringe Subdistrict(URF).
1,804 estimated total TDR credits in [qualified]Sending Lands within one mile of the Urban
Area
- 721 number of TDR credits from [qualified]Sending Lands within one mile of Urban Area
already committed to URF use
= 1,083 number of potential TDR credits in[qualified]Sending Lands within one mile of
Urban Area remaining for URF use
Urban Residential Fringe Subdistrict (URF) lands can make use of the TDR credits available
from [qualified]Sending Lands, as follows:
2,177 potential demand for TDR credits in URF
- 1,083 estimated potential, available TDR credits in Sending Lands within 1 mile of URF
= 1,034 approximate unmet need of TDR credits for URF use
The figures above are provided as part of the applicant's petition, and are derived from Collier
County resources [inc. TDR Program Activity Mapping and Severance Reports], with
calculations of acreage and provisions of the Rural Fringe Mixed Use District and the Urban
Residential Fringe Subdistrict. Comparable figures were utilized previously in the Hacienda
Lakes of Naples and Naples Reserve applications.
Potentially, residential development in the URF needing approximately 1,034 TDR credits may
be underdeveloped due to the existing prohibition on transferring TDR credits from Sending
Lands beyond one mile of the URF boundary; that is, the potential demand for 1,034 TDR
credits created by URF lands may go unmet as there is a potential shortage of 1,034 TDR
credits generated from Sending Lands within 1 mile of the URF boundary. The subject GMP
amendment would satisfy a portion of that potential unmet need for TDRs. If approved as
submitted, all Sending Lands would become eligible to transfer TDRs to the San Marino PUD,
not just those within one mile of the URF boundary. This would have two effects: artificially
amplifying demand for[unqualified] TDRs generated from Sending Lands greater than 1
mile from the URF, while simultaneously suppressing demand for [qualified] TDRs
generated from Sending Lands within 1 mile from the URF.
Also, this part of the amendment further increases the (potential) devaluation of TDRs
generated from Sending Lands within one mile of the URF by increasing the supply of eligible
TDRs - introduced with previously-approved transfers of unqualified TDRs into the URF
[Hacienda Lakes, and Naples Reserve].
These two development locations are distinctly different from one another, and both are
uniquely different from the San Marino site. They are properties lying in more than one Future
Land Use designation. The San Marino site does not straddle two different Land Use
Designations and lies entirely within the Urban Residential Fringe (URF) Subdistrict. This
project does not abut the RFMUD to the east. There are three provisions in the FLUE for
achieving additional density in the URF beyond the base 1.5 DU/A, and only one applicable to
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San Marino- 1 DU/A through use of TDRs for a maximum of 2.5 DU/A. The second provision is
a unique instance of this cap being "lifted" above 2.5 DU/A for the Hacienda Lakes of Naples
PUD. This 2,262-acre project site covers three Future Land Use designations (URF Subdistrict,
qualified Sending Lands and unqualified Sending Lands - under unified control =- and achieves
a 2.8 DU/A maximum density with TDR transfers from both qualified Sending Lands and
unqualified Sending Lands within the project. That unique "lift" was determined to have no
measurable impact on the URF's "transitional" nature, nor would it affect its surrounding lands.
The third provision is specific to the Rockedge PUD for provision of affordable housing. No
other development is approved to exceed the maximum 2.5 DU/A density.
With the 196.4-acre portion of San Marino PUD, the maximum allowable density
would be increased by 2.5 DU/A through use of TDRs to 4.0 DU/A.
The existing San Marino PUD was approved in 2000 for 352 dwelling units - based on the
entire (parent) 235.3 acres - yielding 1.5 DU/ac. As described in the PUD document, 350 units
of this residential development were clustered on 39 acres - and now known as "Aventine at
Naples", or San Marino Apartments. This part of the San Marino PUD is where its 1.5 DU/A are
clustered. All but two units of this approved density have been developed, and only these units
derived from base density are still to be utilized from the parent acreage.
With the transfer of TDRs to the entire San Marino property, it would have been possible to
achieve up to another 235 buildable dwelling units - for a total of 588 DUs. But the developed
39 acre portion of San Marino has changed hands and this number of units cannot be achieved.
The remaining 196.4 acres of the property have already generated 1.5 DU/A as part of the
entire PUD; therefore, utilizing the existing FLUE provision to increase density by 1 DUTA
using TDRs, the subject 196.4 acres can be developed with 196 DUs. The requested
density retains this connection to each acre of the 196.4 acres to be developed at up to 4.0 units
per acre (1.5 DU/A approved and developed as part of entire PUD x 196.4 acres = 295 DUs;
requested 2.5 DU/A to be derived by TDR credits x 196.4 acres = 491 DUs). All future
development (491 DUs)will be derived from TDRs severed elsewhere and transferred here.
The present request for an additional 491 dwelling units is based exclusively on the
undeveloped 196.4-acre portion of the property. The request to receive TDRs is already
allowed by the FLUE, but at a rate of 1 DU/A, not 2.5 DU/A. Direct relationships, or nexus, can
be established for considering the additional density stipulated upon where this density is
originated -from qualified Sending Lands or unqualified Sending Lands. The direct relationship
exists between the already allowed 1 DU/A and qualified Sending Lands; the other relationship
is between the additional 1.5 DU/A and unqualified Sending Lands.
Provided below are summaries of residential (or mixed use) developments along the Collier
Blvd. corridor from Davis Blvd. south to Rattlesnake-Hammock Road, as well as the PUDs
partially in the transitional URF approved to utilize TDR credits. The first table identifies PUDs
located in the one-mile corridor on the west side of CR 951 / Collier Boulevard. These
developments lie in the Urban Residential Subdistrict, where a base density of 4 DU/A is.
allowed and potentially up to 16 DU/A with density bonuses.
West Side of Collier Blvd.
• Cedar Hammock 799 DU 1.91 DU/A gross density
• Naples Heritage Golf& CC 799 DU 1.43 DU/A gross density
• Naples National Golf Club 26 DU 0.08 DU/A gross density
• Homes of Islandia 28 DU 0.18 DU/A gross density
• Naples Lakes CC 731 DU 1.56 DU/A gross density
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The table above reflects densities in developments on the west side of CR 951 / Collier
Boulevard ranging from less than 1 DU/A to 1.91 DU/A. The second table (below) identifies
PUDs located in the one-mile corridor on the east side of CR 951 / Collier Boulevard. These
developments lie in the Urban Residential Fringe designated area, where lower, transitional
densities between the Urban Designated Area and the Agricultural/Rural Area allow up to 1.5
DU/A without/ 2.5 DU/A with utilizing TDRs. Also included in this table is the Naples Reserve
PUD that is located partially in the URF and approved to use TDRs.
East Side of Collier Blvd.
• Forest Glen of Naples 799 DU 1.28 DU/A gross density
• Willow Run [pending] 590 DU 1.06 DU/A gross density
• San Marino PUD 352 DU 1.5 DU/A gross density
• Hacienda Lakes of Naples (DRI) 1,760 DU 0.82 DU/A gross density*
• Naples Reserve 1,154 DU 1.68 DU/A gross density*
* = Portion of PUD is within RFMUD; Hacienda Lakes is allowed density in URF at 2.8 DU/A via
use of TDRs.
The table above reflects densities in developments on the east side of CR 951 / Collier
Boulevard ranging from approximately 1 DU/A to 1.68 DU/A.
All densities on the west side of CR 951 are less than or equal 1.91 DU/A, and all
densities on the east side of CR 951 are less than or equal 1.68 DU/A.
One purpose of the URF Subdistrict is to provide an area where transitional densities are
intended to demarcate the Urban Designated Area from the Agricultural/Rural Area. The URF
Subdistrict has existed since the 1989 GMP adoption - while the RFMUD TDR program was
adopted in 2002. It is important to note that the URF's purposes and intents as a transition
existed before there was a TDR allowance here. Originally, the URF was devised as a transition
from 4 DU/A[in Urban area] to 1 DU/5A [in the Agricultural/Rural designation]. But in 2002, the
nature of this transition changed. The URF now provides an even greater transition from 4
DU/A [in Urban area] to 1 DU/40A in RFMUD designated Sending Lands. It is even more
important to note that the use of TDRs in the URF is only related to transitional density in that
the allowed 2.5 DU/A is still less dense than the base density of 4 DU/A on west side of CR 951;
and to be reminded that the San Marino site is not located at the URF/RFMUD Sending Lands
boundary.
In contrast with the purposes and intents of the URF Subdistrict, the San Marino request
imposes higher densities found only in the Urban designated area - and unintended for the
URF. This density increase has a measurable impact on the URF's "transitional" nature, and
would affect its surrounding lands. If approved, the Urban-density San Marino project begins to
fragment the URF's "transitional" nature.
Environmental Impacts, including Historical and Archaeological Impacts:
Collier County Department of Natural Resources personnel reviewed this petition and provided
the following analysis:
The majority of the site is forested with native vegetation, twenty five percent of which is
required to be retained in accordance with the requirements of the Conservation and Coastal
Management Element (CCME). Approximately 71 percent of the site (139.50 acres) contains
State and Federal jurisdiction wetlands.
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A listed species survey was conducted by the environmental consultant in February, 2014. No
listed wildlife species were observed during the survey. Florida black bear (Ursus americanus
floridanus) scratch and bite trees were observed on the property during the listed species
survey. Although recently delisted by the State of Florida, the Florida black bear is still protected
under the Florida Black Bear Management Plan.
In addition to listed wildlife species, the project site was also surveyed for plants listed by the
Florida Department of Agriculture and Consumer Services, U.S. Department of Agriculture and
the U.S. Fish and Wildlife Service. Two listed plant species were identified on the property,
butterfly orchid (Encyclia tampensis) and hand fern (Ophioglossum palmatum). In accordance
with the requirements of the LDC, up to ten individuals of these species may be required to be
relocated, into proposed preserves if the preserves do not contain these species and are able to
support the species of plants.
Correspondence received from the Florida Master Site File lists no archeological sites and
cultural resources within Section 11, Township 50 South, Range 26 East.
The proposed GMP amendment to allow TDRs to be transferred to the San Marino Residential
PUD from any lands designated Sending in the RFMUD will have no affect on the requirements
of the CCME and will support the intent of the TDR program by directing development away
from environmentally sensitive Sending Lands.
[Stephen Lenberger, Senior Environmental Specialist
Surface Water& Environmental Planning Section]
Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element
Consistency Determination:
The net new trips, while significant on CR 951, do not indicate that they would cause adverse
impacts. The project is consistent with Policy 5.1 of the Transportation Element, and as such,
no mitigation would be required within the project's area of significant impacts to accommodate
the identified impacts on network capacity.
The project's significant impacts are found only on the first link of CR 951. These significant
impacts are expected from 183 Southbound trips (6.10% impact), and 104 Northbound Trips
(3.47% impact). In this case, only the 104 northbound trips are of interest in reviewing the
project for consistency with the Transportation Element, as this is the peak direction of the
network.
No other subsequent impacts are expected to exceed the 2% (or consequent 3%)threshold(s).
[John Podczerwinsky, Project Manager
Transportation Planning Section]
Public Facilities Impact:
The San Marino PUD is within the Collier County Water and Sewer District. Public Utilities staff
does not have any preliminary issues with respect to the proposed amendment. Commitments
will be reviewed and requested as part of any PUD [or PUD amendment] applications.
[Kris Van Lengen, Principal Project Manager
Public Utilities Planning &Project Management Dept.]
NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS:
A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly
advertised, noticed and] held on Tuesday, October 21, 2014, 5:30 p.m. at the Collier County
South Regional Library, Meeting Rm. "A", located at 8065 Lely Cultural Parkway, Naples.
Approximately 15 people other than the application team and County staff attended - and heard
the following information:
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The applicant's agent provided a description of the proposed GMP amendments to the group,
including how the transfer of TDRs will be allowed to the undeveloped golf course portion of the
San Marino PUD located in the Urban Residential Fringe (URF) from Rural Fringe Mixed Used
District Sending Lands. The agent explained how the proposed density is not allowed by the
FLUE, nor is the use of TDRs transferred from Sending Lands more than 1 mile from the Urban
area.
An overview of the PUD application and development plans were also provided. Some of the
details given of the planned development include the introduction of a new access point onto
CR 951 for its main entry. The conceptual master plan showed how on-site preserve areas
buffer the closest residences located in the Forest Glen community; and how the future San
Marino residential areas are buffered by adjacent Forest Glen preserve areas.
The applicant's agent explained the hearing process for the Transmittal phase of the request
and reviewed an anticipated hearing schedule for the Adoption phase of the request along with
the companion PUD amendment.
Questions were taken from those in attendance [and addressed], covering topics such as if and
how signalization would be required and introduced at a new CR 951 intersection with the main
entrance [when warranted, along with specific directional traffic controls]; configuration of new
lakes and water management facilities, along with the permits required and construction timing
[3 large lakes permitted through SFWMD]; types of residences to be offered, price points, floor
areas and construction phasing [mix of market rate units phased to meet demand]; whether any
commercial development is proposed [it is not]; and, the configuration of walls at project
boundaries and along CR 951 [with requested deviations explained].
No one in attendance expressed opposition to the changes. The meeting was completed by
6:05 p.m.
[Synopsis prepared by C. Schmidt, AICP, Principal Planner]
FINDINGS AND CONCLUSIONS:
The following findings and conclusions result from the reviews and analyses of this request:
• Correlating amendments to the San Marino PUD may be submitted subsequent to, or
concurrent with the Adoption phase of this GMPA application.
• Staff does not have preliminary Public Utilities issues with respect to the proposed
amendment.
• The part of the GMP amendment allowing the transfer of TDR derived residential density
from more than one (1) mile from the Urban Boundary to the undeveloped portion of the
San Marino PUD would satisfy a portion of the potential unmet need in the Urban
Residential Fringe for TDR credits.
• The proposed GMP amendment will have no affect on the requirements of the CCME
and will support the intent of the TDR program by directing development away from
environmentally sensitive Sending Lands.
• The majority of the site is forested with native vegetation, twenty five percent of which is
required to be retained in accordance with the COME. Native vegetation preservation
may not change from this amendment, while Goals of the RFMUD may be met without
any need for change.
• This amendment will result in increased demand for TDRs in one area [Sending Lands
beyond 1 mile from URF] but decreased demand for them in another [Sending Lands
within 1 mile of URF]-while no net benefits are gained for the TDR program.
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• Impact upon the TDR program could be noteworthy. A number of TDR credits originally
intended for use in areas of RFMUD designated Receiving Lands will be redirected to
the Urban Residential Fringe-a reallocation of TDR credits.
• The number of TDRs available from "qualified" Sending Lands is sufficient at this time.
• This GMP amendment increases the potential devaluation of TDR credits generated
from Sending Lands within one mile of the URF.
• The Urban Residential Fringe is intended for, and developed with, lower "transitional"
residential densities, and a more compatible and consistent development pattern would
be maintained without approval of the proposed higher density.
• Potential compatibility issues accompany the higher residential density in an area
intended for lower, transitional density.
LEGAL CONSIDERATIONS:
A copy of this Staff Report was provided to the Office of the County Attorney and has been
approved as to form and legality. The County Attorney also recommended that provisions of the
Urban Residential Fringe Subdistrict be restructured to provide the proper connections and
document flow from the main Subdistrict paragraph to its subordinate provisions. This
restructuring is reflected in the Staff Recommendation below.
[S.Stone]
STAFF RECOMMENDATION:
That the Collier County Planning Commission forward Petition CP-2014-2, as submitted, to the
Board of County Commissioners with a recommendation not to approve for transmittal to the
Florida Department of Economic Opportunity.
Staff does, however recommend approval of a different version of FLUE text provisions allowing
for the transfer of TDR credits from Sending Lands property more than one (1) mile from the
Urban boundary, modified to incorporate non-substantive changes for proper code language,
format, clarity, etc.; resolving formatting problems introduced by the UPPER CASE underlined
legal description proposed by petitioner through the complete replacement with the more
suitable version below; and, removing the increase to the maximum allowable residential
density that may be achieved.
Note: Words underlined are added - as proposed by petitioner; words double underlined
are added, words are deleted - as proposed by staff.
[Page 28]
2. Urban Residential Fringe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Urban
Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and
5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base
density of 1.5 units per gross acre, plus any density bonus that may be achieved via COME
Policy 6.2.5 (6) b.1., and either"a" or"b"&r1 " below:_
[Relocation Only Difference for Next Paragraph Below]
Within the Urban Residential Fringe, rezone requests are not subject to the density rating
system, except as specifically provided below for the Affordable-workforce Housing Density
Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed
development in the Subdistrict shall be fully responsible for all necessary water management
improvements, including the routing of all on-site and appropriate off-site water through the
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project's water management system, and a fair share cost of necessary improvements to the
CR 951 canal/out-fall system made necessary by new development in the Subdistrict.
a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary
and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of
Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed
Use Sending Lands designations, and meet the other Density Blending criteria
provided for in subsection 5.2 of the Density Rating System, which may achieve an
additional maximum density of up to 1.3 units per gross acre for all lands designated
as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable
development rights) per acre from lands located within one mile of the Urban
Boundary and designated as Rural Fringe Mixed Use District Sending Lands.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned
Unit Development located in Section 1, Township 51 South, Range 26 East, shall not
be subject to the one mile limitation set forth above and may utilize TDRs from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve up to
the maximum allowable density; or,
••,. The undeveloped portion of the San Marino Planned Unit Development
located in Section 11, Township 50 South, Range 26 East
. ---_ - _-- shall not be
subject to the one mile limitation set forth in subsection "a" above and may utilize
TDRs from any lands designated Sending within the Rural Fringe Mixed Use District
to achieve up to the maximum allowable density. The Property is further described
as follows:
That .ortion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10 excepting the ±39 acres located in the South 1/2 of the
Southwest 1/4 of the Northwest '/ of Section 11, Township 50 South, Range 26
East, and in the Northwest 1/4 of the Southwest 1/4 of Section 11. Township 5Q
South, Range 26 East.
b. In the case of properties specifically identified below, a density bonus of up to 6.0
additional units per gross acre may be requested for projects providing
affordable-workforce housing (home ownership only) for low and moderate
income residents of Collier County, pursuant to Section 2.06.00 of the Land
Development Code, or its successor ordinance, except as provided for below=:
[Indenting Only Difference Below]
Properties eligible for the Affordable-workforce Housing Density Bonus (home
ownership only) will be specifically identified herein. The actual number of bonus
units per gross acre shall be reviewed and approved in accordance with the
conditions and procedures set forth in Section 2.06.00 of the Land Development
Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units
required to be sold to buyers earning 80% or less of Collier County's median income,
as calculated annually by the Department of Housing and Urban Development
(HUD), shall be at least thirty percent (30%).
The following properties are eligible for an Affordable-workforce Housing Density
Bonus (home ownership only) of up to 6.0 additional dwelling units per acre.
4 i. Property located on the East side of Collier Boulevard (C.R. 951), approximately
6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R.
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864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
and further described as follows:
THE NORTH 1/2 OF THE SOUTHWEST % OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH THIRTY FEET
FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST
100 FEET THEREOF,AND;
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET THEREOF FOR ROAD
RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,AND;
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHWEST 1/4 AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN
EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF,AND;
AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET
OF THE NORTH 1/2 OF THE NORTH % OF THE WEST 1/2 OF THE NORTHEAST
1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA,AND TOGETHER WITH;
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS
THE NORTH 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA,AND;
THE NORTH 1/2 OF THE NORTH V2 OF THE WEST V2 OF THE NORTHEAST 1/4
OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA, AND;
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
OF COLLIER COUNTY, FLORIDA, AND;
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SOUTHWEST 1/4 LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA,AND;
THE NORTH % OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST
1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH
328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, CONTAINING 55 ACRES, MORE OR LESS.
B. DENSITY RATING SYSTEM: [Page 49)
**** **** **** **** **** **** **** **** **** **** **** ****
2. Density Bonuses
**** **** **** **** **** **** **** **** **** **** **** ****
f. Transfer of Development Rights Bonus
**** **** **** **** **** **** **** **** **** **** **** ****
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(c) From Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe, at a maximum density increase of one unit
per gross acre, except for properties that straddle the Urban Residential Fringe
and the Rural Fringe Mixed Use Sending Lands designations, and meet the other
Density Blending criteria provided for in subsection 5.2 of the Density Rating
System, which may transfer TDRs from Sending Lands located within one mile of
the Urban Boundary into lands designated Urban Residential Fringe, at a
maximum density increase of 1.3 units per gross acre. The Urban Residential
Fringe portion of the Naples Reserve Residential Planned Unit Development
located in Section 1, Township 51 South, Range 26 East, and the undeveloped
portion of the San Marino Planned Unit Development located in Section 11,
Township 50 South, Range 26 East, as further described in the Future Land Use
Designation Description Section, Urban Residential Fringe Subdistrict, shall not
be subject to the one mile limitation set forth above and may utilize TDRs from
any lands designated Sending within the Rural Fringe Mixed Use District to
achieve up to the maximum allowable density increase.
IF the Planning Commission chooses to recommend transmittal of the petition so as to
allow use of TDRs from unqualified Sending Lands and to allow increased density, staff
recommends the following revisions to the applicant's proposed text (for proper code
language, format, clarity, etc., including a replacement property description,AND to require
partial use of qualified TDRs:
Note: Words underlined are added- as proposed by petitioner; words double underlined
are added, words are deleted-as proposed by staff.
[Page 28]
2. Urban Residential Fringe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Urban
Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and
5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base
density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME
Policy 6.2.5 (6) b.1., and either"a" or"b" below:_
[Relocation Only Difference for Next Paragraph Below]
Within the Urban Residential Fringe, rezone requests are not subject to the density rating
system, except as specifically provided below for the Affordable-workforce Housing Density
Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed
development in the Subdistrict shall be fully responsible for all necessary water management
improvements, including the routing of all on-site and appropriate off-site water through the
project's water management system, and a fair share cost of necessary improvements to the
CR 951 canal/out-fall system made necessary by new development in the Subdistrict.
a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary
and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of
i. pProperties that straddle the Urban Residential Fringe and the Rural Fringe Mixed
Use Sending Lands designations, and meet the other Density Blending criteria
provided for in subsection 5.2 of the Density Rating System, which may achieve an
additional maximum density of up to 1.3 units per gross acre for all lands designated
as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable
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Agenda
development rights) per acre from lands located within one mile of the Urban
Boundary and designated as Rural Fringe Mixed Use District Sending Lands.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned
Unit Development located in Section 1, Township 51 South, Range 26 East, shall not
be subject to the one mile limitation set forth above and may utilize TDRs from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve up to
the maximum allowable density; or,
iii. Up to 2.5 units per acre may be achieved for Urban Residential Fringe lands
within the undeveloped portion of the San Marino Planned Unit Development
located in Section 11, Township 50 South, Range 26 East via the transfer of 2.5
dwellin• units transferable development ri•ht •er acre. The Pro.ert shall be
subject to the one mile limitation set forth in subsection "a" above for the first forty
percent (40%) of TDRs used (1 DU/A) but shall not be subject to the one mile
limitation set forth above - - for • to sixt_•erc-nt 61°. of TDRs
1 D I u ed which ma •e .- ive. from = - a• --: -� lands desip nated
Sending within the Rural Fringe Mixed Use District to achieve up to the maximum
allowable density. The Property is further described as follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10 excepting the ±39 acres located in the South 1/2 of the
Southwest 1/4 of the Northwest 1/4 of Section 11. Township 50 South. Range 26
East, and in the Northwest 1/4 of the Southwest % of Section 11. Township 50
South, Range 26 East.
b. In the case of properties specifically identified below, a density bonus of up to 6.0
additional units per gross acre may be requested for projects providing
affordable-workforce housing (home ownership only) for low and moderate
income residents of Collier County, pursuant to Section 2.06.00 of the Land
Development Code, or its successor ordinance, except as provided for below
[Indenting Only Difference Below]
Properties eligible for the Affordable-workforce Housing Density Bonus (home
ownership only) will be specifically identified herein. The actual number of bonus
units per gross acre shall be reviewed and approved in accordance with the
conditions and procedures set forth in Section 2.06.00 of the Land Development
Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units
required to be sold to buyers earning 80% or less of Collier County's median income,
as calculated annually by the Department of Housing and Urban Development
(HUD), shall be at least thirty percent (30%).
The following properties are eligible for an Affordable-workforce Housing Density
Bonus (home ownership only) of up to 6.0 additional dwelling units per acre.
4 j. Property located on the East side of Collier Boulevard (C.R. 951), approximately
6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R.
864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
and further described as follows:
THE NORTH % OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 AND THE NORTHWEST '/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH THIRTY FEET
FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST
100 FEET THEREOF, AND;
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THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST '/, LESS THE NORTH 30 FEET THEREOF FOR ROAD
RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,AND;
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHWEST '/4 AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN
EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF,AND;
AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET
OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST
'/4 OF THE SOUTHWEST '/, SECTION 23, TOWNSHIP 5O.SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA,AND TOGETHER WITH;
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS
THE NORTH 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, AND;
THE NORTH '/ OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA,AND;
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST '/ OF
THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
OF COLLIER COUNTY, FLORIDA,AND;
THE EAST 1/2 OF THE NORTHEAST ' OF THE NORTHWEST 1/4 OF
SOUTHWEST '/4 LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA,AND;
THE NORTH 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST '/, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST
1/2 OF THE NORTHEAST '/ OF THE SOUTHWEST %, LESS THE NORTH
328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, CONTAINING 55 ACRES, MORE OR LESS.
B. DENSITY RATING SYSTEM: [Page 491
**** **** **** **** **** **** **** **** **** **** **** ****
2, Density Bonuses
**** **** **** **** **** **** **** **** **** **** **** ****
f. Transfer of Development Rights Bonus
**** **** **** **** **** **** **** **** **** **** **** ****
(c) From Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe, at a maximum density increase of one unit
per gross acre, except for properties that straddle the Urban Residential Fringe
and the Rural Fringe Mixed Use Sending Lands designations, and meet the other
Density Blending criteria provided for in subsection 5.2 of the Density Rating
System, which may transfer TDRs from Sending Lands located within one mile of
the Urban Boundary into lands designated Urban Residential Fringe, at a
maximum density increase of 1.3 units per gross acre. The Urban Residential
Fringe portion of the Naples Reserve Residential Planned Unit Development
located in Section 1, Township 51 South, Range 26 East shall not be subject to
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the one mile limitation set forth above and may utilize TDRs from any lands
designated Sending within the Rural Fringe Mixed Use District, and the
undeveloped portion of the San Marino Planned Unit Development located in
Section 11 Townshi. 50 South Ranee 26 East shall not be sub'ect to the one
mile limitation set forth above and ma utilize ue to sixt_eercent 60°o of TDRs
from -- more-distant lands designated Sendine within the Rural Fringe Mixed
Use District to achieve up to the maximum allowable density increase.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Agenda Item 9.A.
PREPARED BY:
01,1) Y/ DATE: )±0 OC 1
CORBY SCH IDT,AICP, PRI CIPAL PLANNER
COMPREHEN IVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT
R Y
VIE�� . `
J , 1._-_ DATE: - °'
DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER
COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT
REVIEWED BY:
DATE: m-,
MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT
APPROVED BY:.
DATE:
NICK CASALANGUIDA,ADMINISTRATOR
GROWTH MANAGEMENT DIVISION
PETITION No.: CP-2014-2/ PL-20140000113
Staff Report for the November 6, 2014, CCPC Meeting.
NOTE: This petition has been scheduled for the December 9, 2014, BCC Meeting.
CP-2014-2/PL2014000C113
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12/9/2014 9.B.
RESOLUTION NO. 14-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING
THE FUTURE LAND USE ELEMENT TO INCREASE THE
MAXIMUM ALLOWABLE RESIDENTIAL DENSITY THAT MAY
BE ACHIEVED IN THE 196.4 ACRE UNDEVELOPED PORTION
OF THE SAN MARINO RESIDENTIAL PLANNED UNIT
DEVELOPMENT FROM 2.5 UNITS PER ACRE UTILIZING
TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") TO 3.02
UNITS PER ACRE UTILIZING TDRS, AND TO ALLOW THE
TRANSFER OF RESIDENTIAL DENSITY TO THAT PORTION OF
THE SAN MARINO RESIDENTIAL PLANNED UNIT
DEVELOPMENT FROM SENDING LANDS LOCATED MORE
THAN ONE (1) MILE FROM THE URBAN BOUNDARY, ANI)
FURTHERMORE RECOMMENDING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT 196.4-ACRE
PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD,
APPROXIMATELY 1-1/2 MILES NORTH OF RATTLESNAKE-
HAMMOCK ROAD IN SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20140000113/CP-2014-21
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985, was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS. Petitioner, Stock Development, initiated this amendment to the Future Land
Use Element; and
WHEREAS. on November 6. 2014, the Collier County Planning Commission considered
the proposed amendment to the Growth Management Plan pursuant to the authority granted to it
by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
[14-CM P-00934/1 131666/1]-86 1 of 2
Rev. 11/12/14
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12/9/2014 9.B.
WHEREAS, on December 9, 2014, the Board of County Commissioners at a public
hearing approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier
County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty(180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
‘\/(,4,114
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
H 4-CMP-00934'1 131666'1 I-86 2 of 2
Rex. 11'12'14
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PL20140000113 CP-2014-2
EXHIBIT "A"
FUTURE LAND USE ELEMENT
[Page 28]
2. Urban Residential Fringe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Urban
Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and
5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base
density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME
Policy 6.2.5 (6) b.1., and either"a" or"b" below=_
Within the Urban Residential Fringe, rezone requests are not subject to the density rating
system, except as specifically provided below for the Affordable-workforce Housing Density
Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed
development in the Subdistrict shall be fully responsible for all necessary water management
improvements, including the routing of all on-site and appropriate off-site water through the
proiect's water management system, and a fair share cost of necessary improvements to the
CR 951 canal/out-fall system made necessary by new development in the Subdistrict.
a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary
and designated as Rural Fringe Mixed Use District Sending Lands, cxccpt in the case of
with the following exceptions:
i_ pProperties that straddle the Urban Residential Fringe and the Rural Fringe Mixed
Use Sending Lands designations, and meet the other Density Blending criteria
provided for in subsection 5.2 of the Density Rating System, which may achieve an
additional maximum density of up to 1.3 units per gross acre for all lands designated
as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable
development rights) per acre from lands located within one mile of the Urban
Boundary and designated as Rural Fringe Mixed Use District Sending Lands; or,
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned
Unit Development located in Section 1, Township 51 South, Range 26 East, shall not
be subject to the one mile limitation set forth above and may utilize TDRs from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve up to
the maximum allowable density; or,
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential
Fringe lands within the 196.4 acre portion of the San Marino Planned Unit
Development described below, via the transfer of 1.52 dwelling units
(transferable development right) per acre. The Property shall not be subject to
the one mile limitation set forth above and may utilize TDRs derived from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve
up to the maximum allowable density. The Property is further described as
follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10, as amended, excepting the ±39 acres located in the
South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 50
South. Range 26 East, and in the Northwest 1/4 of the Southwest % of Section 11,
Township 50 South, Range 26 East.
[14-CMP-00934/1130955/1] 1
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PL20140000113 CP-2014-2
b. In the case of properties specifically identified below, a density bonus of up to 6.0
additional units per gross acre may be requested for projects providing
affordable-workforce housing (home ownership only) for low and moderate
income residents of Collier County, pursuant to Section 2.06.00 of the Land
Development Code, or its successor ordinance, except as provided for below-:
fully responsible fer-all necessary water management improvements, including
Sutbdistriet-
Properties eligible for the Affordable-workforce Housing Density Bonus (home
ownership only) will be specifically identified herein. The actual number of bonus
units per gross acre shall be reviewed and approved in accordance with the
conditions and procedures set forth in Section 2.06.00 of the Land Development
Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units
required to be sold to buyers earning 80% or less of Collier County's median income,
as calculated annually by the Department of Housing and Urban Development
(HUD), shall be at least thirty percent (30%).
The following properties are eligible for an Affordable-workforce Housing Density
Bonus (home ownership only) of up to 6.0 additional dwelling units per acre.
4- i. Property located on the East side of Collier Boulevard (C.R. 951), approximately
6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R.
864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
and further described as follows:
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST % OF THE
SOUTHWEST 1/4 AND THE NORTHWEST %4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH THIRTY FEET
FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST
100 FEET THEREOF,AND;
THE NORTHEAST 1/4 OF THE SOUTHEAST % OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET THEREOF FOR ROAD
RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,AND;
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST
OF THE SOUTHWEST 1/4 AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN
EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND;
AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET
OF THE NORTH 1/ OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST
[14-CMP-00934/1130955/1] 2
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PL20140000113 CP-2014-2
1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH;
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS
THE NORTH 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST '/ OF THE
SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, AND;
THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST '/ OF THE NORTHEAST '
OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, OF COLLIER COUNTY, FLORIDA,AND;
THE SOUTHWEST 1/4 OF THE SOUTHWEST % OF THE NORTHWEST '/ OF
THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
OF COLLIER COUNTY, FLORIDA,AND;
THE EAST '/2 OF THE NORTHEAST % OF THE NORTHWEST 1/4 OF
SOUTHWEST % LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA,AND;
THE NORTH '/ OF THE NORTHWEST % OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST ' , LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST
' OF THE NORTHEAST % OF THE SOUTHWEST 1/4, LESS THE NORTH
328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY FLORIDA, CONTAINING 55 ACRES, MORE OR LESS.
**** **** **** **** **** **** **** **** **** **** **** ****
B. DENSITY RATING SYSTEM: [Page 49]
**** **** **** **** **** **** **** **** **** **** **** ****
2. Density Bonuses
**** **** **** **** **** **** **** **** **** **** **** ****
f. Transfer of Development Rights Bonus
To encourage preservation/conservation of natural resources, density transfers are
permitted as follows:
(a) From Urban designated areas into that portion of the Urban designated area
subject to this Density Rating System, in accordance with the Transfer of
Development Rights (TDR) provision contained in Section 2.03.07 of the Land
Development Code, adopted by Ordinance No. 04-41, as amended, on June 22,
2004 and effective October 18, 2004. For projects utilizing this TDR process,
density may be increased above and beyond the density otherwise allowed by
the Density Rating System.
(b) From Sending Lands in conjunction with qualified infill development.
(c) From Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe, at a maximum density increase of one unit
per gross acre, except for with the following exceptions:
i_ pProperties that straddle the Urban Residential Fringe and the Rural Fringe
Mixed Use Sending Lands designations, and meet the other Density Blending
criteria provided for in subsection 5.2 of the Density Rating System, which
may transfer TDRs from Sending Lands located within one mile of the Urban
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Boundary into lands designated Urban Residential Fringe, at a maximum
density increase of 1.3 units per gross acre.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential
Planned Unit Development located in Section 1, Township 51 South, Range
26 East shall not be subject to the one mile limitation set forth above and may
utilize TDRs from any lands designated Sending within the Rural Fringe
Mixed Use District to achieve up to the maximum allowable density increase.
iii. Up to 1.52 additional units per acre may be achieved for Urban
Residential Fringe lands within the 196.4 acre portion of the San Marino
Planned Unit Development described below, via the transfer of 1.52
dwelling units (transferable development right) per acre. The Property
shall not be subiect to the one mile limitation set forth above and may
utilize TDRs derived from any lands designated Sending within the Rural
Fringe Mixed Use District to achieve up to the maximum allowable
density. The Property is further described as follows:
That portion of the San Marino Planned Unit Development described in
Ordinance No. 2000-10, as amended, excepting the ±39 acres located in
the South 1/2 of the Southwest ' of the Northwest 1/4 of Section 11,
Township 50 South, Range 26 East, and in the Northwest ' of the
Southwest Y4 of Section 11, Township 50 South, Range 26 East.
In no case shall density be transferred into the Coastal High Hazard Area from outside
the Coastal High Hazard Area.
[14-CMP-00934/1130955/1] 4
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( 'AO
12/9/2014 9.B.
AFJ LDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 2004131, of the Collier County Land Development
Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail
to the following property owners and/or condominium and civic associations whose members
may be affected by the proposed land use changes of an application request for a rezoning,PUD
amendment,or conditional use,at least 15 days prior to the scheduled Neighborhood Information
Meeting For the purposes of this requirement, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of Collier County and any other persons
or entities who have made a formal request of the county to be notified The said notice
contained the laymen's description of the site property of proposed change and the date, time,
and place of a Neighborhood Information Meeting.
Per the attached letters, property owner's list, and copy of newspaper advertisement which are
hereby made a part of this Affidavit of Compliance
(Signature of Appli aLicaf°
State of Florida
County of Collier
The foregoing Affidavit of compliance was acknowledged before me this day of
r i+• 1 2014 by A\2)C(S C re S\ o ,who • personall
• own to m • who has produced as identification.
(Signature of N Publtic)
(Notary Seal)
• -
Printed Name of Notary ClUILLIFJ4 JONES.al
NOTARY PUBLIC
C -STATE OF FLORIDA
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Cann*6E099159
Expires 0/12015
G:\NDM Procedures/Affidavit Of Compliance-NIM Oct201 a.Doc
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h NEIGHBORH ,., „:
:} M k TION MEET1N =
The public is invited to attend a neighborhood• infonnattori°imee; .. ,,it Ci,sy:„.,,iii- 's`
and Yovanovich of Coleman, Yovanvoich&.Koester PA and AleXJ§Gtesp4 Ar �bf y
NAPLES DAILY NEWS Waldrop Engineering, P.A.on behalf of the prppt ty owner at the following
Published Daily location: i r � a,Yr vk '
Naples,FL 34110 f' ors
Tuesday,October,21,2614 at 5 3p� is;r-.;" 1 ,' •
Collier County South Regl0nal Ubrary CVJleett Room, " ? ,'4,,' '''$''''
Affidavit of Publicaf 8065 Lely Cultural;P�t1FEyay Naple$,,.FIX3C1i 1y 4
The subject property totals 235+'acre located on. "`,
State of Florida ' � �r ._
Blvd.,approximately 1 Y:miles north o f9attlesitake HamrnocK dad In a r,t,
Counties of Collier and Lee Township 50 South, Range 26.East;c ier County FlQnda £1 a Isr A vy
diately north of the Aventine at Naples partntent dotr plea.T e ptirK�7.,mt s ;
made two (2)concurrent applications f Mier County These appircatioh ktilue�,',
Before the undersigned they serve a ,it
� Y the following: , . , �,� ','.1';'•:!::�. €s w x ,,v ,�.
appeared Daniel McDermott,who o: " i, �t i� af'r+ .
t a ,�f�hiv l'
Inside Sales Manager of the Naples j (1)A Growth Management.Plan Amen merij(PMPA),to ftlbw 4 kATArltsil3r 5 ,4
1�anag aP able Development Rights(TDRs)-fro Sending land$ideate¢•Imare N an MT,
newspaper published at Naples,in C from the Urban Boundary,and utilize ese T 1o_§tghl "dQn,Sd> r4.t� fl 4
distributed in Collier and Lee eounti� per acre per the Urban Residential'F a Distnct II r a4 . , a
attached copy of the advertising,bell (2)A Planned Unit Development Am •nterit PU to �w ` "
g � DAj� �$,pd t x�a��a(Ic►o��i
Planned Unit Development approve• per=Q inarice'20DO`;I � „,,,".....r!7,y` lep �i
PUBLIC NOTICE maximum number of dwellIng units f. ,'312 tp S4$ to remol 1
uses, to revise the Master Plan to d cer'tatn Permitted-1 Ses� i ", rr
Standards and Deviations,;and Xo revj #veto mrlLt.i .i ; l+ " �+ .k�
M Mi•.'.5,Jt' Wb `-'�9f 41 Maw:A 3
in the matter of PUBLIC NOTICE ,.f •_&-al \:---y`,','::.'.,:;'-,-,:_,..:.4 4 — °.�
was published in said newspaper 1 t' f�
on September 29,2014. W =c, .---..,,..1.7,;,-..,' �� �` ;�°
fr k
Affiant further says that the said N. ,.i: i j1 � F '
published at Naples,in said Collier • `' ? ,
c- 4 ;�° u' `i�Jr .a1 r.
newspaper has heretofore been conk _ LL ti Y
County,Florida;distributed in CoIli- ` .I f -� �t`
each day and has been entered as sec+ L ''h°°° * '°
t ''''''.'";:-'''•"'``•'-':'i:''''!''''''''•'- J,k 3 t`
office in Naples,in said Collier Co i [_-:. �, �-
year next preceding the first publicat .0 �' �C ,�� i
advertisement;and affiant further sa ^+ s
promised any person,firm or torpor. _ ,, _d � � l ,r -�} �� .� ,t ,�,�,
commission or refund for the purpos: �` - 1g. ` * „ .� .
publication in the said newspaper.
WE VALU YOUR INPUT-' ▪ +yid, • r
7 / ' %Y/J Business and property y ' ' �` 4,s
/1/ — /r P PertY owners and residents are welcome tbatferst#+ a
and discuss the project with the ownere'-represerrtativei and.Dpllier ,,., ';kt,f
(Signature of affiant) ,
you are unable to attend this meeting,•butHave gtlestiens or-Corn. ih nt �., ftdJt
I ∎, directed to:
Waldrop Engineering,P.A.olo:Alexis Crespol — .i"R �
Sw to and s:b- nbed before me 28100 Bonita Grande Dr.,Suite 305,Bonita Springs fL 341.35; ',. '"
Ttki 3rd day of•• .b- ,2014 (239)405-7777,ext.207 OR arextsb waldropettt is
I; /�� „�, n// "Please note that Collier County Public library does oat splonsq▪ '` .1.';';:',,,i,"44-p,",,,
_SL's{f ` /
NQ 231123847 =�
(Signature of notary public) '-� _? _,. r�� ��`CAR°L
�,i i MY COI+Si1SSION#Es 51758
__• ,,,,`'.'• : �
Pkhnd trance i�p�rcy
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WALDROP ENGINEERING 0
c 1L ENGINEERING a LAND oEWLOP�rr ooNBUSAwrs 25� #i ' vy y}
M.p.¢IV"1 7� hi —✓aL3ev4 'L14 it
;7 au. i ,w o .sue .✓ �£' 3r t �`� w.V r
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�� .krar aq ee L J {.i ,.�!. :es + tdaie
September 26,2014
RE: San Marino
GMPA-PL20 1 40000 1 1 3
PUDA-PL20140000100
Dear Property Owner:
Please be advised that Alexis Crespo, AICP of Waldrop Engineering, P.A.. and Richard Yovanovich,
Esquire of Coleman, Yovanovich & Koester, P.A. on behalf of the property owner has made two (2)
concurrent applications to Collier County.
These applications include: (1) a Growth Management Plan Amendment (GMPA) to allow the use of
Transferable Development Rig)its(TDRs) from Sending Lands located more than 1 mile from the Urban
Boundary, and utilize these TDR to achieve a density of 4.0 units per acre per the Urban Residential
Fringe District; AND (2) to amend the San Marino Planned Unit Development approved per Ordinance
2000-10, to increase the maximum number of dwelling units from 352 to 843,to remove the golf course
uses, to revise the Master Plan,to add certain Permitted Uses, Development Standards and Deviations,
and to revise Developer Commitments.
The subject property totals 235+/-acres and is located in Section 11,Township 50 South,Range 26 East,
Collier County,Florida,east of Collier BIvd. (CR 951) and approximately 1.5 miles north of Rattlesnake
Hammock Road.The property is immediately north of the Aventine at Naples apartment complex.
hi compliance with the Land Development Code requirements,a Neighborhood Information Meeting will
be held to provide you an opportunity to hear a presentation about this applications and ask questions.
The Neighborhood Information Meeting will be held on Tuesday,October 21,2014 at 5:30 p.m. at
the South Regional Library,Meeting Room"A",8065 Lely Cultural Parkway,Naples,FL 34113.
Should you have questions prior to the meeting,please contact me directly at(239)405-7777 ext.207,or
alexisc'ci. aldropenvaineerine..com.
Sincerely,
WALDROP ENGINEERING,P.A.
�i 'jai
Alexis V.Crespo,AICP
Principal Planner
*Please note that Collier County Public Library does not sponsor or endorse this program.
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PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing
on Tuesday,December 09, 2014,in the Board of County Commissioners Chamber,Third Floor,Collier
County Government Center,3299 E.Tamiami Trail,Naples,FL.The purpose of the hearing is to consider:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS
* AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO INCREASE
THE MAXIMUM ALLOWABLE RESIDENTIAL DENSITY THAT MAY BE ACHIEVED IN THE
196.4 ACRE UNDEVELOPED PORTION OF THE SAN MARINO RESIDENTIAL PLANNED UNIT
DEVELOPMENT FROM 2.5 UNITS PER ACRE UTILIZING TRANSFER OF DEVELOPMENT
RIGHTS("TDRS")TO 3.02 UNITS PER ACRE UTILIZING TDRS,AND TO ALLOW THE TRANSFER
OF RESIDENTIAL DENSITY TO THAT PORTION OF THE SAN MARINO RESIDENTIAL PLANNED
UNIT DEVELOPMENT FROM SENDING LANDS LOCATED MORE THAN ONE (1) MILE FROM
THE URBAN BOUNDARY, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.THE SUBJECT
196.4-ACRE PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD APPROXIMATELY 1-112
MILES NORTH OF RATTLESNAKE-HAMMOCK ROAD IN SECTION 11,TOWNSHIP 50 SOUTH,
RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [PL201 400001 1 3/CP-2014-2]
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--F: All interested parties are invited to appear and be heard, Copies of the proposed RESOLUTION will be
made available for inspection at the Planning&Zoning Department, Comprehensive Planning Section,
z 2800 N. Horseshoe Dr., Naples,between the hours of 8:00 A,M.and 5:00 P.M..Monday through Friday.
n Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth
ror floor,Collier County Government Center,3299 East Tamiami Trail,suite 401 Naples,one week prior to the
tn scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive
o Planning Section of the Planning&Zoning Department.Written comments filed with the Clerk to the Boards
n Office prior to Tuesday,December 09,2014 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
m with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,
* and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which
in 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 34112-5356,
(239}252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioners Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TOM HENNING,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara
Deputy Clerk(SEAL)
No.231123885 November 19.2014
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