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Agenda 05/28/2013 Item # 9A 5/28/2013 9.A. EXECUTIVE SUMMARY Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (BCC) to review the 2012 cycle of amendments to the Collier County Growth Management Plan (GMP) and consider approving (adopting) said amendments for their transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: Note: Because the support materials are voluminous, and some exhibits are oversized, the Agenda Central system does not contain all of the related documents pertaining to these GMP amendment petitions. The entire Executive Summary package, including all support materials, is included in the binders provided separately to the BCC specifically for the 2012 cycle of GMP amendment petitions. The complete binder is available for review in the Comprehensive Planning Section office 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. • 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. • For this Adoption hearing, the 2012 cycle of GMP amendments consists of two petitions, both initiated by County agencies. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held its transmittal hearing on November 1, 2012 for both petitions: CP-2012-1 and CP-2012-3. The BCC held its transmittal hearing on January 8, 2013 for both petitions. The respective transmittal hearings recommendations/actions are contained in the CCPC adoption hearing staff report. • The CCPC held its adoption hearing on April 4 and May 2, 2013. The respective adoption hearing recommendations are presented further below, following each petition number and title. • The Comments Letter from the Florida Department of Economic Opportunity (DEO), dated February 15, 2013, indicated "no comment"within the Agency's authorized scope of review, as did the Comments Letters from the Florida Department of Agriculture and Consumer Services, Florida Department of Transportation, and South Florida Water Management District. The remaining review agencies did not provide a Comments Letter. All review agency Comments Letters received are contained in the back-up materials. • This adoption hearing considers amendments to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires a super majority vote of the Board for adoption and transmittal to DEO. --HFAC 1 Packet Page-12- 5/28/2013 9.A. FISCAL IMPACT: There will be fiscal impacts to Collier County as a result of petition CP- 2012-3, initiated by the Bayshore/Gateway Triangle CRA, as a subsequent LDC amendment will be necessary to implement the petition. If so, that Land Development Code amendment would be prepared using existing staff resources and the existing budget. GROWTH MANAGEMENT IMPACT: This is an adoption public hearing for the 2012 cycle of amendments to the Collier County Growth Management Plan. Based upon statutory changes that occurred during the 2011 Florida Legislative session, these GMP amendments are presumed to be "in compliance" with applicable Florida Statutes. After adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the adoption packages are complete) to review the adopted plan amendments and, should they believe an amendment is not "in compliance," file a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of BCC adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party, then the amendments will become effective. ENVIRONMENTAL ISSUES: The site of petition CP-2012-1 contains jurisdictional wetlands, and listed plant and/or animal species may occur on site. However, the amendment is to change the future land use designation to Conservation, a more restrictive designation. Further, 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 Conservation and Coastal Management Element of the Growth Management Plan, and the Land Development Code. Petition CP-2012-3 is not site- specific. HISTORICAL/ARCHAEOLOGICAL IMPACT: Regarding petition CP-2012-1, that site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability, and the Florida Department of State is of the opinion that the site does not appear eligible for listing on the National Register of Historic Places. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: The staff recommendation follows each individual petition listed below. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission held its required Adoption public hearing on April 4 and May 2, 2013. The CCPC recommendation follows each individual petition listed below. 1. PETITION CP-2012-1 (PL20120000371), submitted on behalf of the Collier County Parks and Recreation Department requesting an amendment to the Future Land Use Map to change the designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation designation, for the +123.6-acre County-owned Gordon River Greenway Park. The site is located on the east and west sides of the Gordon River, on the south side of Golden Gate Parkway, and on the east side of Goodlette-Frank Road, in Sections 27 and 34, Township 49 South, Range 25 East. The purpose of the re-designation is to fulfill a requirement of the State, which financed the acquisition of the site,to change the designation 2 Packet Page-13- 5/28/2013 9.A. to "open space, conservation or outdoor recreation use." [Coordinator: Michele Mosca, AICP, Principal Planner] Staff Recommendation: That the CCPC forward petition CP-2012-1 to the BCC with a recommendation to adopt. CCPC Recommendation: That the BCC adopt petition CP-2012-1 (vote: 7/0). There were no public speakers. Staff Recommendation to BCC: Same as to CCPC. 2. PETITION CP-2012-3 (PL20120001213), submitted by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) requesting amendments to the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element (FLUE) to: a) expand the area within the B/GTRO subject to the density bonus for mixed use developments; b) add an allowance for residential-only projects to utilize the density bonus; c) add an explanation of the density bonus calculation; d) and, delete the development standards; and, to add cross references to other FLUE provisions. [Coordinator: David Weeks, AICP, GMP Manager] Staff Recommendation: That the CCPC forward petition CP-2012-3 to the BCC with a recommendation to adopt. CCPC Recommendation: That the BCC adopt petition CP-2012-3 (vote: 6/0), subject to the changes depicted below (which are incorporated into the Ordinance Exhibit A). Principal concerns were addressed by limiting the number of density bonus pool units that a single project could use; requiring that a residential-only project be a redevelopment project; and, providing additional clarity. Words underlined are added;words struslE-tlxeugh are deleted—as approved for Transmittal to DEO Words double underlined are added;words are deleted—as recommended by CCPC for Adoption F. Bayshore/Gateway Triangle Redevelopment Overlay 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units-25%of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The"mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 3 Packet Page-14- 5/28/2013 9.A. (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63 d. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport- Pulling Road or US 41 East, are allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project ma utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one nroiect. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall tafitiot be in the form of a PUD. b. Project site shall be a minimum of three acres. Project shall constitute redevelopment of the site. d. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. eitherstenee7—t The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. • - - . .-. . -- - . : - 9:10. _ : :_ _—: _ . ___ — _ _:_:._ •- = : _ oftly Only the affordable-workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. -10- 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 abov; for that poftio,-o£ the '- =•--- -- _ • _ - . This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle"catalyst project is not subject to this density bonus pool. There were no public speakers. STAFF RECOMMENDATION: Staff recommends adoption of the 2012 cycle of GMP amendments, and transmittal to DEO, subject to the CCPC changes to CP-2012-3 shown above - except that staff does not support requiring a residential-only project to be a redevelopment project. 4 Packet Page-15- 5/28/2013 9.A. CCPC RECOMMENDATION: The Collier County Planning Commission recommends adoption of the 2012 cycle of GMP amendments, and transmittal to DEO, subject to the changes to CP-2012-3 as shown above. Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section,Planning & Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CCPC Adoption Staff Report; 2) CP-2012-1 Ordinance with Exhibit "A" Map; 3) CP-2012-3 Ordinance with Exhibit"A" Text Executive Summary Adoption 2012 cycle GMP.As G:\COES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\BCC Adoption dw/2-2;-13&5-2&3&7-13 5 Packet Page-16- 5/28/2013 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments. (Adoption Hearing) Meeting Date: 5/28/2013 Prepared By Name: WeeksDavid Title: Manager-Planning,Comprehensive Planning 5/2/2013 2:58:46 PM Submitted by Title: Manager-Planning,Comprehensive Planning Name: WeeksDavid 5/2/2013 2:58:48 PM Approved By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 5/6/2013 2:06:03 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 5/8/2013 10:06:48 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/15/2013 1:16:05 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 5/16/2013 9:26:55 AM Name: KlatzkowJeff Packet Page-17- 5/28/2013 9.A. Title: County Attorney Date: 5/16/2013 3:11:04 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/16/2013 4:13:43 PM Name: OchsLeo Title: County Manager Date: 5/20/2013 6:16:11 PM Packet Page-18- 5/28/2013 9.A. Agenda Items 9.A&B �o er �,taz9.rtty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING & ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: APRIL 4, 2013 SUBJECT: 2012 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPTION HEARING) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP Transmittal hearings on these amendments were held on November 1, 2012 (CCPC, Collier County Planning Commission) for both petitions CP-2012-1 and CP-2012-3; and, January 8, 2013 (BCC, Board of County Commissioners) for both petitions CP-2012-1 and CP-2012-3. The respective Transmittal recommendations/actions are presented further below, following each petition number and title. Within the CCPC binder you will find the Transmittal Executive Summary from the January 8, 2013 BCC hearing and certain attachments referenced therein, and the Transmittal CCPC staff report for each petition, all of which provide staffs detailed analysis of each petition. REVIEW AGENCY COMMENTS LETTERS: After review of the Transmitted GMP amendments, the Florida Department of Economic Opportunity (DEO) rendered its Comments Letter indicating "no comment" within the Agency's authorized scope of review, as did the Florida Department of Agriculture and Consumer Services, Florida Department of Transportation, and South Florida Water Management District. The remaining review agencies did not provide a Comments Letter. The Comments Letters received are located within the CCPC binder. PROPOSED AMENDMENTS A. PETITION CP-2012-1 (PL20120000371), submitted on behalf of the Collier County Parks and Recreation Department requesting an amendment to the Future Land Use Map to change the designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation designation, for the +123.6-acre County-owned Gordon River Greenway Park. The site is located on the east and west sides of the Gordon River, on the south side of Golden Gate Parkway, and on the east side of Goodlette- Frank Road, in Sections 27 and 34, Township 49 South, Range 25 East. The purpose of the re-designation is to fulfill a requirement of the State, which financed the acquisition of the site, to change the designation to "open space, conservation or outdoor recreation use." [Coordinator: Michele Mosca, AICP, Principal Planner] I Packet Page-19- 5/28/2013 9.A. Agenda Items 9.A&B The subject site was rezoned in 2011 to P, Public Use zoning district, and a scrivener's error ordinance was approved in 2013. The site will contain a passive park with facilities including trail/boardwalk, kayak launch, restrooms and parking lot. TRANSMITTAL STAFF RECOMMENDATION: Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 8/0). BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted. B. PETITION CP-2012-3 (PL20120001213), submitted by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) requesting amendments to the Bayshore/Gateway Triangle Revelopment Overlay (B/GTRO) in the Future Land Use Element (FLUE) to: a) expand the area within the B/GTRO subject to the density bonus for mixed use developments; b) add an allowance for residential-only projects to utilize the density bonus; c) add an explanation of the density bonus calculation; d) and, delete the development standards; and, to add cross references to other FLUE provisions. [Coordinator: David Weeks, AICP, GMP Manager] In 2000, the CRA was established, a redevelopment plan was approved for the area, and the B/GTRO was adopted into the GMP. The purpose of the B/GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay provides for a bonus density pool of 388 dwelling units, derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B/GTRO. As provided for in the B/GTRO, the bonus units may be awarded by the Board [via approval of a Mixed Use Project (MUP) petition] until all 388 bonus density pool units are awarded. The proposed amendment does not change the B/GTRO boundaries, and does not change the bonus density pool unit total —it remains at 388 units. The amendment does expand the area within the existing B/GTRO boundaries that is eligible to use the bonus density pool for mixed use projects, with the same cap at 12 dwelling units per acre (DU/A), and introduces a new allowance for residential-only projects to use the bonus density pool, with a cap of 8 DU/A. The internally expanded area is to the north side of Davis Blvd., the east side of Airport-Pulling Road, and into the Mixed Use Activity Center #16 centered around the US 41 East/Airport-Pulling Road intersection. The LDC (Sec. 4.02.16 & 4.02.35) contains the same development standards as are found in the B/GTRO and proposed for deletion. Having these standards only in the LDC allows for a site-specific request for deviation or variance, which can be evaluated on a case by case basis. 2 Packet Page-20- 5/28/2013 9.A. Agenda Items 9.A&B TRANSMITTAL STAFF RECOMMENDATION: Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 8/0). BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted. STAFF RECOMMENDATION OVERALL: That the CCPC forward petitions CP-2012-1 and CP-2012-3 with a recommendation to adopt as transmitted; and, to transmit both petitions to the Florida Department of Economic Opportunity. Prepared By: — -'"f Date: s . ,~i. / David Weeks, AICP, GMP Manager Comprehensive Planning Section Reviewed By: > Date: 3- t Michael Bosi, AICP, Planning Manager Comprehensive Planning Section, and Interim Director, Planning &Zoning Department ,./27,1 Approved By: 77 Nick Casalan Ida, De.• ystrator Growth Management Division/Planning & Regulation COLLIER COUNTY PLANNING COMMISSION: MR. MARK STRAIN, CHAIRMAN 2012 cycle GMPAs-Adoption(petitions CP-2012-1 &CP-2012-3). Staff Report for April 4,2013 CCPC hearing. NOTE:This cycle of petitions has been scheduled for the May 28,2013 BCC hearing. CCPC Staff Report Adoption 2012 cycle GMPAs CP-2012-1&3 G:\CDES Planning Services\Comprehensiae\COMP PLANNING GMP DATA1Comp Plan Amendments\2012 Cycle Petitions\CCPC Adoption dw/2-27-13&3-20-13 3 Packet Page-21- 5/28/2013 9.A. ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP (FLUM) TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County has prepared plan amendments to the Future Land Use Map (FLUM) to change the designation of the Gordon River Greenway to the conservation designation; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Map (FLUM)to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the Words underlined are added;words struck-through are deleted; Page 1 of 3 row of asterisks(***)denotes break in text Packet Page -22- CA 5/28/2013 9.A. public hearings of the Collier County Planning Commission held on April 4, 2013, and the Collier County Board of County Commissioners held on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Map(FLUM) in accordance with Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Words underlined are added;words struck-through are deleted; Page 2 of 3 row of asterisks(***)denotes break in text Packet Page-23- 5/28/2013 9.A. Approved as to form and legal sufficiency: c. Heidi Ashton-Cicko 2 Managing Assistant County Attorney CP\12-CMP-00863\19—Rev.031413 Words underlined are added; words struck-through are deleted; Page 3 of 3 row of asterisks(***)denotes break in text 7 ' Packet Page -24- t` ` I 1528 T st S , 1 1-.:--,--,j, ■ T 48 S S I : 5_7.01:___F„ ,: lI:::11:;,;:,4:1,:i.,:. 511285/32s013 9.A. !:, 37- 1'1,f, J gt,'''T 4 5" ig rig 4E'ggCgEt S liriF ! 'i ilk i. i il 1 IE '..''! "; ":1741 9 T 48 S 1 T 42 , 7,,'.41.1.,1?P.ii i7,.. — 0.1 — . ;I.,. ‘,1?E39..,6 i.,v:,-;51v-1 w it c) 1 12 r'l 'Olt— —,T 2 W 11 .c„ V 9 , w •-• Wil . 1 iv ill i - 11" u, I :, 1 .::; ;; ,,igg, 1511. 5 iciit'sl ; f:.„ `., f.. w -," 5 ! 'ii- =, 2 t', i 5 ii I v, 1 i , E i 5 ,2,.Y! I, fi 1 51 r'l i i --- „,---,,,,..' H — : -, .. 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ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County Community Redevelopment Agency staff has prepared plan amendments to the Future Land Use Element to change the density bonuses allowed in the Bayshore/Gateway Triangle Redevelopment Overlay; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the CP-2013-3 \Bayshore GMP Page 1 of3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text Packet Page -26- Cq 5/28/2013 9.A. public hearings of the Collier County Planning Commission held on April 4, 2013 and May 2, 2013, and the Collier County Board of County Commissioners held on May 28, 2013; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The amendments are attached hereto as Exhibit"A"and are incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DA 1E. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders,development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA BY: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman CP-2013-31Bayshore GMP Page 2 of 3 Rev. 5/02/13 Words underlined are added; words struck-through are deleted; row of asterisks(***)denotes break in text Packet Page -27- 5/28/2013 9.A. Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" CP\12-CMP-00865\30 CP-2013-3\Bayshore GMP Page 3 of 3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text Packet Page -28- (C� 5/28/2013 9.A. 1 EXHIBIT "A" CP-2012-3 FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES *** *** *** text break *** *** *** OBJECTIVE 5 *** *** *** text break *** *** *** Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial- zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gatewav Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** I. URBAN DESIGNATION Words underlined are added;words stFuek-ttwu are deleted—approved by CCPC 5/2/13. Packet Page-29- Cap 5/28/2013 9.A. 2 *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: *** *** *** text break *** *** *** 1. The Density Rating System is applied in the following manner: *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** C. Urban Commercial District *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Words underlined are added;words etruck thru are deleted—approved by CCPC 5/2/13. Packet Page-30- i,' 5/28/2013 9.A. 3 Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** text break *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One-eere Two zoning overlays have been will-be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. Words underlined are added;words uolc 14x4 are deleted-approved by CCPC 5/2/13. Packet Page -31- t �; ............._ .. ..... 5/28/2013 9.A. 4 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph#8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, are allowed a maximum density of 12 residential 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pullinq Road or US 41 East, are allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a capon the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. - - - - - -- 2- - ---- €tandards. 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until Words underlined are added;words stFue are deleted—approved by CCPC 5/2/13. Packet Page-32- ;(An 5/28/2013 9.A. 5 such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and-#5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. ..• -- -- --• - , -e--- . - ._-. - - _- • -- - = • - - stories only. of 20,000 square feet grow,floor area. 9. For density bonuses provided for in paragraphs#4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9-10. - - - - - -- - - - --- - - - - ' -- - - .e.e - -- -• - - - - -- --- - - -- - - ' -- - - - , - Only the affordable- workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 40 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, = -- -= -- - -- ' - -This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 1-4, 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Exhibit A Q'-2012.3 approved by CPC 5.243-clean G:\QICS Planning Services`Comprehenxive\COMP PLANING G GAD'DATA\Compt Plan Amendments\2012 Cycle Petitions\CP-2012-311GTAD tinges dw/i0-#-12&4-23&24-13 S 5-2-13 Words underlined are added;words struck strtrek-ttwu are deleted-approved by CCPC 5/2/13. Packet Page -33- 5/28/2013 9.A. NAPLES, DAILY NEWS « Wednesday,May.8,2013 K 17A • • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that the Golfer County Board of County Commissioners will hold a public hearing on Tuesday,May 28,2013 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,to consider the Adoption of the following County Ordinances,for transmittal of the Adoption amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on amendments to the Future Land Use Element and Future Land Use Map and Map Series;for.transmittal of-the Adoption amendments to the , Florida Department of Economic Opportunity(DEO). The Ordinance title is as follows: ' • ORDINANCE NO.13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP(FLUM)TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, PROVIDING FOR SEVERABILITY,AND PROVIDING AN EFFECTIVE DATE. PL20120000371/CP-2012-1, A petition requesting an amendment to the Future Land Use Map(FLUM),to change the FLUM designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation Designation for the County-owned Gordon River Greenway Park property located in Sections 27 and 34,Township 49 South,Range 25 East,consisting of 123.60+acres.[Coordinator.Michele Moses,MCP,Principal Planner] ORDINANCE NO.13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES,PROVIDING FOR SEVERABILITY,AND PROVIDING • AN EFFECTIVE DATE. PL2 01 20 0 01 21 3/CP-2012-3,a petition requesting amendments to the Future Land Use Element(FLUE),to change the Bayshore/Geteway Triangle.Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development,adding allowance for residential-only development to qualify for the density bonus,adding an explanation of the density bonus calculation,and deleting the development standards-all without increasing the total density allowed within the Overlay;and,to add cross references to other FLUE provisions.[Coordinator:David C.Weeks,AICP,GMP Manager] cA se o..b r loo.ow.� mcc pikaie • 4r� 1 •• o LL • Alt u � All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL.,between the hours of 8:00 A.M.and 5:00 RM.,Monday through 1 Friday.Furthermore the materials will be made available for Inspection at the Collier County Clerk's Office,fourth floor,suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning&Zoning Department,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,May 28,2013, • will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier'County Board of County Commissioners with respect to any matter considered at such meeting or 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 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 I the Board of County Commissioners Office. BOAR17 OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon-Deputy Clerk(SEAL) No.231195031 May 8.2013 . Packet Page-34- may.