Agenda 02/08/2011 Item # 8E
2/8/2011 Item 8.E.
EXECUTIVE SUMMARY
Recommendation to approve Growth Management Plan Amendment Petition CP-2006-11, David
Torres, for Hacienda Lakes of Naples, LLC for transmittal to the Florida Department of
Community Affairs (DCA) for review and objections, recommendations and comments (ORC)
response. (Transmittal Hearing)
OBJECTIVE:
To review the proposed amendment to the Collier County Growth Management Plan and consider
approving said proposal for Transmittal to the Florida Department of Community Affairs.
CONSIDERATIONS:
. Chapter 163, FS., provides for an amendment process for a local government's adopted Growth
Management Plan.
. Petition CP-2006-ll relates to the proposed [eventual and subsequent companion] Hacienda
Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development
(MPUD) requests [DRI-2006-AR-IOI47 and PUDZ-2006-AR-IOI46] and is, under Rule 9J-
11.006(1)(a)7a, FA.C., exempt from the twice per calendar year Plan amendment limitation.
. The CCPC, sitting as the "local planning agency" under Chapter 163.3174, Ps.. held their
Transmittal hearing for this petition on January 20, 2011.
. This Transmittal hearing for the last petition filed in 2006 involves amendments to the following
- Elements of the Plan:
. Future Land Use Element (FLUE) and Future Land Use Map Series; and,
. Conservation and Coastal Management Element (CClvtE)
Note: Because support materials for this petition are voluminous. and certain exhibits are
oversized, the Agenda Central system is not used. The entire Executive Summary package,
including all support materials, is included in the binders provided to the BCC and is
available for review in the Comprehensive Planning Section office. 2800 North Horseshoe
Drive, Naples.
This petition seeks to amend the Conservation and Coastal Management Element, Future Land Use
Element and Future Land Use Map and Map Series of the Growth Management Plan, to:
. Increase the size and reconfigure the boundary of the Southeast Quadrant of Mixed Use Activity
Center No.7 (Rattlesnake Hammock Road and Collier Boulevard) - This part of CP-2006-11
expands the size of the Southeast Quadrant of Mixed Use Activity Center No.7 by 9.16 acres in
order to develop a greater intensity of commercial uses;
. Increase the maximum allowable density that may be achieved within the Urban Residential
Fringe Subdistrict (URF) portion of a project lying in more than one Future Land 'Use designation
through enhanced utilization of eligible Transferable Development Rights (TORs) - This two-part
portion of CP-2006-11 lifts the FLUE's 1.0 unit-per-acre maximum transferred TOR density to 1.3
units per acre and the 2.5 unit-per-acre maximum achievahle density to 2.8 units per acre to use all
qualifying TORs within the Hacienda Lakes project;
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. Provide a definitive access provision for a Business Park located in the URF portion of a project -
This part of CP-2006-l I allows The Lord's Way to serve as access to a Business Park as well as to
[a] predominantly residential area[s] within the Hacienda Lakes project: and,
. Allow for Native Vegetation Preservation in the URF ponion of a project to be shifted to the
RFMUD Sending Lands ponion of the project when the Required Amount of Native Vegetation
Preservation is proponionally increased in the Sending Lands ponion of the project - This two-
part ponion of CP-2006-11 shifts a portion of the FLUE's native vegetation preservation from
Urban lands to RFMUD Sending Lands to protect the highest quality wetlands and habitat within
the Hacienda Lakes project.
Needs Analvsis
Included in the CCPC Staff Report and specifically identified in this Executive Summary is an
informational summary prepared by Comprehensive Planning staff of the Florida Senate Interim
Report 20] 0-1 07, October 2009 titled "Population Need as a Criterion for Changes to a Local
Government's Future Land Use Map." The Report identifies the necessity of preparing a needs
analysis for any GMP amendment proposing to increase density or use intensity; indicates that such an
analysis must be based upon the supply/demand ratio for the proposed use category (residential,
commercial or industrial) - a numerical analysis; and, notes that even if the numerical analysis fails to
demonstrate need, other factors may be considered.
CP-2006-11 demonstrates an over-supply, or over-allocation, of developed commercial space and
developable commercial land by a factor of six (6). The supply of commercially available acreage
exceeds demand by more than six times, even at build out. Faced with this inability to demonstrate
need, the application team presented other factors, including a short history of MUAC No.7 and the
opportunities rising from development of the Collier Regional Medical Center.
FISCAL IMPACT:
There are no fiscal impacts to Collier County because of this proposal. This proposed amendment is
not being considered for adoption at this hearing, and final action is not being taken at this time. If
approved for Transmittal, this proposal will subsequently be considered for adoption at hearings to be
held later in 2011. The costs incurred to process, review and advenise CP-2006-11 for Transmittal are
borne by the petitioner via the application fee.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed by the Office of the County Attorney. The County
Attorney provided observations and comments on the legal aspects of CP-2006-11 planning
considerations. These observations and comments were used to update the Staff Repon in preparation
for January 20 consideration before the CCPe.
Other observations and comments on legal aspects of CP-2006-11 were provided to the CCPC during
their consideration and are reflected in the versions of Resolution Exhihit A provided to the Board.
The proposed Growth Management Plan amendment is authorized for consideration by local
government, and subject to the procedures established, in Chapter 163, Part II, Florida Statutes, The
Local Government Comprehensive Planning and Land Development Regulation Act. and by local
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2/8/2011 Item 8.E.
Resolution No. 97-43 L as amended. A majority vote of the Board is necessary for Transmittal to
DCA. [HFAC]
GROWTH MANAGEMENT IMPACT:
The practicalities of the petitioner's proposed amendments are established, in part, through an
evaluation of relevant and appropriate data for population growth, commercial inventory, infrastructure
development and other considerations in the surrounding geographic area.
Certain parts of the CP-2006-1 I proposal introduce new provisions allowing for the use of TDRs in
manners exclusive to the subject property. Residential development is currently planned and limited to
certain transitional densities, achievable with TDRs transferred into the Urban Fringe. The
appropriateness of changing the FLUE and CCME was evaluated for allowing additional TDRs to be
used for residential development.
Other parts of the proposal introduce an additional amount of acreage specifically for commercial and
office development, uses and activities by increasing the size of the Mixed Use Activity Center on the
subject property. Commercial development is currently planned and limited to certain acreages and
floor areas based on the allocation and spatial arrangement of Activity Centers throughout the planning
area. The evaluation addressed the appropriateness of expanding the site for additional commercial
and office development.
Certain parts of the proposal offer to preserve native vegetation and habitat in Sending Lands in a
proportional substitution for preserving less native vegetation and habitat in the Urban portion of the
project. Preservation ofthese Sending Lands is a requirement under other provisions of the GMP from
which TDR program benefits are derived. The appropriateness of changing the FLUE and CCME to
derive dual benefits from preserving a portion of the same land area was evaluated.
Still other parts of the proposal introduce new provisions allowing another means of vehicular access
to a Business Park proposed at a certain location inside the project. The evaluation addressed the
appropriateness of allowing The Lord' s Way for both residential and nonresidential traffic.
Approval of these proposed amendments by the Board of County Commissioners for Transmittal to the
Florida Department of Community Affairs will commence the Department's sixty-day (60) review
process and ultimately return this amendment to the Planning Commission and the Board of County
Commissioners for final Adoption hearings to be held later in 201 I.
ENVIRONMENTAL ISSUES:
The environmental report submitted by Passarella and Associates with [the eventual and subsequent]
companion petition [as Exhibit "M" in PUDZ materials] was updated in August 2009. This report
states that the vegetation surveys and habitat mapping were done in 2003. 2005, 2007 and 2009. The
substantive review of this document was done by the Storm water and Environmental Services Section
and a staff report was brought before the Environmental Advisory Council for their review. The
environmental report confinns the environmental characteristics of native vegetation and habitat
reported at the time the Rural Fringe Mixed Use District was established.
The applicant is proposing to be able to shift the native vegetation retention requirement from the
portion of a project designated Urban to the portion of a project designated NRPA Sending lands, if the
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maximum native vegetation retention requirement within the Sending lands portion of the project is
met. In keeping with the intent of the GMP to retain as much native vegetation as possible within
Sending lands, Stormwater and Environmental Planning Section staff recommends allowing the native
vegetation retention requirement to be shifted from the Urban designated portion of a project to the
portion of a project designated Sending lands and not just NRPA Sending lands as proposed by the
applicant.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
The historical and archaeological report submitted by the Archaeological and Historical Conservancy,
Inc. dates to August 2009. This report states that archaeological resources have been identified as
present on the 2,262-acre subject property, based on reference to the Collier County Index of
Historic/Archaeological Maps, and the sites are identified on County Historical and Archaeological
Probability Maps. Application materials illustrate the location and arrangement of these sites on
Exhibit "0". These sites are predominantly hammock formations and are protected as such. They are
not located in areas of the subject property where actual development is proposed. Provisions
proposed by parts of CP-2006-11 require (hat these sites be preserved and cannot be mitigated{or.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Council (EAC) heard the proposed amendment at their hearing of
December I, 2010. EAC considerations were limited to the parts of CP-2006-1 1 with environmental
significance. The four environmental aspects of the Hacienda Lakes of Naples proposal may be
simplified into just two paired changes - one pair of proposals would allow all eligible TDRs
generated from adjacent RFMUD Sending Lands (0 be used in the Urban portion of the project for a
greater maximum density [the "lifi 'J: while the other pair of proposals would allow less native
vegetation preservation in the Urban portion of the project if a proportionally greater amount is
preserved in RFMUD Sending Lands [the "shift 'j.
EAC members discussed the nature of the 187 additional TDRs that would be used to increase the
density above the existing 2.5 residential units per acre, and staff's recommendation to limit further
participation in the TDR program in some manner. The applicant's agent argued how no such
restrictions should be placed on TDR use that would inhibit full participation in the TDR program.
Speakers present agreed with the idea (0 make full use of the TDR program.
Members discussed the proposal to relax preservation/retention requirements with the intent to
preserve the higher quality habitat on the large property while not preserving lower quality habitat _
regardless oflocation. The applicant's agent explained how approximately 25 acres of Urban preserve
lands would equate to approximately 50 acres of additional preservation in the Rural portion of the
project. EAC members reached consensus that the better habitat on the subject property would be
preserved.
Members also discussed how subsequent zoning activity would include the redemption and use of
TDRs severed and transferred from adjacent RFMUD Sending Lands.
EAC members recognized that no objections were raised by Night Information Meeting (NIM)
attendees. The EAC recommended (vote: 3/0) to approve CP-2006-] 1 for transmittal, without staff's
recommendations but with one EAC stipulation, to the DCA. The recommended stipulation requires
that all Tran~{erable Development Rights be severedfYom all Sending Lands to be preserved - whether
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2/8/2011 Item 8.E.
the TDRs are utilized in the development of the Hacienda Lakes of Naples project or they are held
until used elsewhere in the County through the TDR program.
The EAC also provided direction for modifying the GMP provisions, as proposed by CP-2006-11.
Members recommended that the FLUE and CCME language should not identify or include reference
to the Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit
Development (MPUD) by name. Staff concurred. and explained that FLUE and CCME provisions
being prepared for recommendation to the CCPC were drafted with the same idea for removing or
modifying the applicant's proposed provisions in this manner.
COMPREHENSIVE PLANNING STAFF RECOMMENDATION FROM CCPC STAFF
REPORT:
Staff Recommendation: In consideration of the reviews and analyses provided within the Staff Report
to the CCPC, staff recommended that the CCPC forward this petition to the Board of County
Commissioners with a recommendation to Transmit/Not Transmit to the Florida Department of
Community Affairs corresponding with the individual parts of the proposal as shown in the table
following the narrative portion of this Summary.
Staff recommended that consideration for Transmittal include an understanding that the following
requirements/conditions, or something similar, be placed in the eventual and subsequent companion
PUD rezone (to be heard concurrently at the Adoption hearings):
. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD,
the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from
all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the
filing of executed Limitation of Development Rights Agreement(s) shall occur for these same
lands.
. A permanent conservation mechanism, including Limitation of Development Rights
Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile
of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP)
for the Hacienda Lakes project.
Staff-recommended modifications to this set of Growth Management Plan amendments shows the
FLUE and CCME language proposed in six parts. as shown in CCPC Staff Report ATTACHMENT
HL-2.
Note: Staff also prepared text revisions to the petitioner:~ proposed text to provide clarity,
proper format, correct grammar, etc.
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2/8/2011 Item 8.E.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission held their required Transmittal public hearing on January
20,2011.
The CCPC recommended that the BCC approve each of the six parts proposed in petition CP-2006-ll
for Transmittal to the Florida Department of Community Affairs (vote: 9/0), subject to staff alternative
text (reflected in the Resolution Exhibit A).
The CCPC also directed the following requirements/stipulations, shall be met before a
recommendation is proffered or action is taken on the Adoption of CP-2006-ll:
I. Prior to, or at the time of Adoption hearing before the CCPC, documentation shall be presented
to show and confirm accessibility to those parcels located within project boundaries that may
be owned by other parties and otherwise landlocked.
2. Prior to, or at the time of Adoption hearing before the CCPC, cross-sections and other design
information for The Lord's Way shall be presented to show and confirm preliminary plans for
the types of improvements needed to ensure accessibility to the proposed location for the
Business Park by business, semi-industrial and industrial vehicles and traffic.
3. Prior to. or at the time of Adoption hearing before the CCPC, documentation shall be presented
to show and confirm accessibility. by easement or other access and development rights, to those
parcels comprising the privately owned rights-of-way located within project boundaries, and
west of the project boundaries that may be owned by other parties.
The CCPC further directed the following requirements/conditions. or something similar, shall be
placed in the eventual and subsequent companion PUD rezone and/or in the eventual and subsequent
companion DRl, whichever is deemed more appropriate:
I. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD,
the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from
all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the
filing of executed Limitation of Development Rights Agreement(s) shall occur for these same
lands.
2. A permanent conservation mechanism, including Limitation of Development Rights
Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile
of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP)
for the Hacienda Lakes project.
3. The land uses that are expressly allowed by Ordinance No. 84-26 for the Swamp Buggy Days
"PUD for Recreation and Sports Park" shall be superseded and otherwise incorporated into the
Hacienda Lakes PUD and use of the shooting range or "target range" currently on-site shall be
discontinued and replaced by an indoor facility for rifles, pistols, shotguns, and any other
firearms. The outdoor facility shall cease use or operation no later than the time when any
development or construction activity begins to occur within range or trajectory of such target
range. The indoor facility shall begin use and operation prior to occupancy pennits being
issued for habitable buildings located within range or trajectory of said target range.
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Although all six (6) of the above stipulations are appropriate to include during CCPC Adoption
consideration or subsequent development order approval, and not within the GMP as part of this
proposed amendment, they are helpful in making the petitioner aware of the County's concerns and
position.
Speakers: There was one speaker, who spoke in favor of the petition. The speaker represented The
Conservancy of Southwest Florida and endorsed the environmental and preservation aspects proposed
in CP-2006-11. Additional native vegetation will be preserved and maintained in the project's
RFMUD Sending Lands, and every eligible Development Right will be utilized. in furtherance of the
County's TDR program.
CONCLUSION AND RECOMMENDATION:
Staff is requesting that the BCC provide a motion to Transmit to the Department of Community Affairs
(DCA) one of the three discussed alternates for CP-2006-11.
I. The staff recommendation from the CCPC Staff Report, which supports all requested
amendments except the proposed expansion of the Mixed Use Activity Center;
2. The Exhibit A, reflecting the CCPC recommendation, approved by the CCPC and confirmed at
their advertised public hearing. The version of Exhibit A is labeled in each page's footer, in part
as, proposed bv CCPC; or,
3. The Exhibit A that reflects the CCPC recommendation, with additional staff-proposed revisions
to provide "housekeeping" measures for the purposes of clarity and proper formatting. This
staff alternative version is labeled in each page's footer in part as, revist:d further post-CCPe.
PREPARED BY: Corby Schmidt, AICP, Principal Planner
Comprehensive Planning Section
Growth Management Division - Planning and Regulation
Attachments within Agenda Central:
1) Executive Summary
2) Transmittal Resolution
3) Exhibit 'A' Text per CCPC consent J/20/2011
4) Exhibit' A Text post consent - further staff recommendation
5) Exhibit 'A Map [Mixt:d Use Activity Center (MUAC)]
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2/8/2011 Item 8.E.
Attac ent: a es owmg ropos s, emar s an ta ecommen atlOns
PROVISION EXISTING PROPOSED REMARKS RECOMMENDATION
Just 507.8 ac
Maximum 2.5 DU/acre 2.8 DUlacre would be To Transmit
Residential - eligible to - eligible to receive developed with Modification
Density (utilizing receive in URF in URF with residentially
TDRs) receiving "lift" . 432.4 in
residential tracts
. 36.6 MUAC
residential
. 38.8 in
residential!
medical uses
tract
Native Vegetation/ 25% NV in Urban Under 25% NV - . 25% of Urban
Habitat portion Urban portion Preserve is 72.4 To Transmit
Retention / 60% NV in Rural 100% NV- ac. of289.7 NY with Modification
Preservation portion Undeveloped Rural . 60% of
FLUE - Required portion - Rural
Preservation Area Preservation Area Preserve is
with "shift" 847.2 ac. of
1.412NV
1.0 DU/TDR per 1.3 OUs/TORs per
Maximum Use of acre acre Overall Density To Transmit
TDRs -eligible to transfer - eligible to would be 0.78 with Modification
into URF from transfer into URF DUs/acre (gross)
Sending Lands from Sending
within 1 mile of Lands
URF boundary within I mile of
URF boundary,
with "lift"
Supply of 887,962
Acreage Allowed 27.5 acres 36.6 acres sq. ft. / Demand NOT
for Southeast for ]43,645 sq. ft. TO
Quadrant of = Market factor of TRANSMIT
MUAC No.7 6.] 8
(Supply=618 %
I of Demand)
I Provides additional
Direct Access for The Lord's Way The Lord's Way benefits for access To Transmit
Business Park onto does not provide would provide to both Collier Selected
Arterial Roadway such access by such access with Boulevard and the Alternative
FLUE provisions new prOVISIon future Benfield
Road
Native Vegetation! 25% NV in Urban I 25% - X = Urban . Urban Preserve To Transmit
Habitat portion NV would be 47.2 with Modification
Retention / 60% NV in Rural 60% + 2X =Rural ac.
Preservation portion NY . Rural Preserve
CCME - Preserved - Preserved with would be 1.342
"shife ac.
d .
G:\COES Planning ServiceslCornprehensivelCOMP PLANNING GMP DATA\Comp Plan Amendments\2006 Cycle Pet~ions\CP-2006-11 FLUE.CCME Hacienda Lakes of
NaplesICP-06-11 Hacienda Lakes EX SUM TransmitlaUev2.docx
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2/8/2011 Item 8.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.E.
Item Summary: Public Hearing for Growth Management Plan Amendment Petition CP-
2006-11, David Torres, for Hacienda Lakes of Naples, LLC (Transmittal Hearing)
Meeting Date: 2/8/2011
Prepared By
Name: KendallMarcia
Title: Planner, Senior. Comprehensive Planning
1/27/2011 7:20:40 AM
Submitted by
Title: Planner, Principal,Comprehensive Planning
Name: SchmidtCorby
1/27/20117:20:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 1/27/2011 3:21:28 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 1/27/2011 5:28:18 PM
Name: WeeksDavid
Title: Manager - Planning, Comprehensive Planning
Date: 1/27/2011 6:08:55 PM
Name: MarcellaJeanne
Title: Executive Seeretary,Transportation Planning
Date: 1/28/2011 7:49:23 AM
Name: FederNonn
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2/8/2011 Item 8.E.
Title: Administrator - Growth Management Div,Transportati
Date: ]/28/2011 9:50:28 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attar
Date: ]/28/2011 10:45:41 AM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior,Office of Management & Budget
Date: 1/28/2011 II :08:47 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/28/2011 2:39:30 PM
Name: OchsLeo
Title: County Manager
Date: 1/30/2011 3:37:45 PM
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2/8/2011 Item 8.E.
RESOLUTION NO. 11-
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, AND FUTURE LAND USE
MAP AND MAP SERIES AND THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT TO ADD ACREAGE TO
THE URBAN MIXED USE ACTIVITY CENTER #7; TO ALLOW
ACCESS TO A BUSINESS PARK SUBDISTRICT THROUGH
LORD'S WAY; TO INCREASE DENSITY IN THE URBAN
RESIDENTIAL FRINGE SUBDISTRICT AND TO ALLOW FOR
THE TRANSFER OF NATIVE VEGETATIVE RETENTION FROM
THE URBAN AREA TO THE SENDING AREA AND INCREASE
THE 60% CAP ON NATIVE VEGETATION IN THE TOTAL
PROJECT AREA DESIGNATED AS SENDING AREAS AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10. 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Collier County has prepared plan amendments to the following elements of
its Growth Management Plan:
Future Land Use Element, including the Future Land Use Map and Map Series, and
Conservation and Coastal Management Element; and
WHEREAS, the Collier County Planning Commission (CCPC) on January 20, 2011
considered the proposed amendment to the Growth Management Plan pursuant to the authority
granted to it by Section 163.3174, Florida Statutes, and recommended approval of said
amendment to the Board of County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
amendment, various State agencies and the Department of Community Affairs (DCA) have
ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to
Collier County, itl> comments along with any objections and/or recommendations for
modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and
CP-2006-11 GMP Transmittal Resolution
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2/8/2011 Item 8.E.
WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt,
adopt with changes or not adopt the proposed Growth Management Plan amendment, within
sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted
Growth Management Plan amendment, must review and detennine if the Plan amendment is in
compliance with the Local Government Comprehensive Planning and Land Development Act of
1985, the State Comprehensive Plan, the appropriate Regional Policy Plan and Rule 9J-5,
Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby approves the proposed Growth
Management Plan amendment, attached hereto as exhibit A and incorporated by reference
herein. for the purpose of transmittal to the Department of Community Affairs thereby initiating
the required State evaluation of the Growth Management Plan amendment, prior to final
adoption and State determination of compliance with the Local Government Comprehensive
Planning and Land Development RegUlation Act of 1985 and Rule 9J-5, Florida Administrative
Code, Minimum Criteria for Review of Local Government Comprehensive Plans and
Determination of Compliance.
THIS RESOLUTION ADOPTED after motion, second and majority vote this _ day
of _,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to fonn
and legal sufficiency:
Heidi Ashton-Cicko
Assistant County Attorney
Section Chief, Land UselTransportation
(1''--..."
0\,'"
~ .
CPI 1 o-CMP-00788\15
CP-20Q6-11 GMP Transmittal Resolution
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2/8/2011 Item 8.E.
CP-2006.11
Exhibit A
PART ONE of SIX:
Future Land Use Element
I. URBAN DESIGNATION
[Insert new language - FLUE Page 29]
A. Urban Mixed Use District
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 has.e density of 1.5 units per gross
acre, 1ii1(81~.i'.'Q liif olus anv density bonus that mav be achieved via CCME Policy 6.2.5 (6) b.1., ill'
lxlig!xl8r tlxlr9M91xt ttxle W&S gf tRQ fgllg"'iR9 and either:
!L Up to M 1ll. units per gross acre via the transfer of up to one f.1.Qldwelling unit (transferable
develooment riqht) per acre from lands located within one mile of the Urban Boundary and
designated as Rural Fringe Mixed Use District Sending Lands. exceot in the case of iRe
1>l8.i.Rae lei:.. P'J(;;>'QRI orooerties that straddle the Urban Residential Frinae and the Rural
Frinoe Mixed Use Sendino Lands desianations and meet the other Densitv Blendina criteria
orovided for in subsection 5.2 of the Densitv Ratina Svstem. which may achieve an additional
maximum density of up to ~ 1..3 units per qross acre via the transfer of UP to 1.30 dwellinq
units (transferable development riqhts) per acre from lands located within one mile of the
Urban Boundary and desiqnated as Rural Frinqe Mixed Use District Sendinq Laruis.: 8M. or, if!
b. ill 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 law 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 in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are
not subject to the density rating system, except as specifically provided in c. below, but are
subject to the following conditions:
a. All rezones are encouraged to be in the form of a planned unit development;
b. Proposed development in the area 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 area: and,
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Single underlined words are added. and single e;tr~Qk thrs~!lh words are deleted, as proposed by
petitioner. Double underlined words are added, and double elrueh t~r8~8~ words are deleted, as
proposed by CCPC on Consent.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -144-
2/8/2011 Item 8.E.
CP-2006-11
c. 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.
1. Property located on the East side of Collier Boulevard (CR. 951), approximately...
PART TWO of SIX:
I. URBAN DESIGNATION
B. DENSITY RATING SYSTEM
[Insert new language - FLUE Pages 51 - 53]
5. Density Blending:
This provision is intended to encourage unified plans of development and to preserve wetlands,
wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed
Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the
Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under
unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the
allowable gross density for such properties in aggregate may be distributed throughout the project,
regardless of whether or not the density allowable for a portion of the project exceeds that which is
otherwise permitted, when the following conditions are met:
"* ** *** **** *** ***** *** **** *** ** '*
2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential
Fringe Sub-District and Rural Fringe Mixed Use District Sending lands:
(a) The project must straddle the Urban Residential Fringe Sub-District and the Rural
Fringe Mixed Use District Sending Lands;
(b) The project in aggregate must be a minimum of 400 acres;
(c) At least 25% of the project must be located within the Urban Residential Fringe Sub-
District. The project must extend central water and _ wastewater treatment
facilities (from the urban designated portion of the project) to serve the entire project,
unless alternative interim sewer er;!8 water and wastewater treatment provisions are
authorized by Collier County;
(d) The Project is currently zoned or will be zoned PUD;
- 2-
Single underlined words are added, and single str~GI~ lhrg~~h words are deleted, as proposed by
petitioner. Double underlined words are added, and double str~glc t~rEl~!l~ words are deleted, as
proposed by CCPC on Consent.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -145-
2/8/2011 Item 8.E.
CP-2006-11
(e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to
be located on impacted or disturbed lands, or it is demonstrated that the development
on the site is to be located so as to preserve and protect the highest quality native
vegetation and/or habitat on-site and to maximize the connectivity of such native
vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas;
(f) Native veqetation shall be preserved as follows:
~ The Urban portion of the project shall comply with the native vegetation
requirements identified in the Conservation and Coastal Management Element
(for Urban designated lands), or in the case of proiects where the native
veqetation requirement for the Sendinq Lands portion of the proiect is the
maximum required 60 percent of the \.Q1g) Sendinq Land area. in order to
promote qreater preservation of the hiqhest qualitv wetlands and listed species
habitat, the required native veqetation for the Urban portion of the proiect mav
be shifted bv providinq native veqetation preservation in the Sendinq Lands
portion of the proiect exceedinq the 60% maximum preservation requirement as
set forth in subsection "b~. below. The ratio for such native veqetation
preservation shall be two acres of Sendinq Lands (exceedinq the 60%
maximum preservation requirement) for each acre below the required amount
of native veqetation for the Urban portion of the proiect. In no instance shall
less than 10 oercent of the required amount of native veqetation be retained in
the Urban oortion of the proiect. Siqnificant Archeoloqical Sites identified bv the
State of Florida Division of Historic Resources shall be preserved and cannot
be mitiaated for. ver tRess ler;<tss V:itRiR iRe ~rQjQ8t 88€1iQ~G1te8 etJ ~8R8irotfj, tt;;,e
F1fii1ti':e ':8~8tati8R fjrsesp 'etislil re~wjr8~8Rt GRell 98 ggq~ €If iRe Rati' '13
':e!l8t8ti~H", lilia! tE;J €IJHs8€H~ igq/_ €If iRe tgb.al f9rej€l€lt eves 88Si~1i'l8hsB BS t:8f"lailil~.
\AletleH<lS ev88S iRet ere imf9(iiH~te8 t!xlnHsI~R iRe Be"sl€lf9F'HilRt ~H€HHJSG, 8\:;1t ~'i;;IieR
HHHsilt jR 81i'llxlSRBe8 '.\'StI8A8 fbsllXl€lti8R, iR91k118iR~ R88it8t BRs/er fle"M'a~'8, GRail 98
9€1RBiser88 86 f38rxt sf tixl8 liIeti':e ':B~8t8tiBI'Xl r8€iblireR<l8Rt 88t faRIxl iA tRis
~nr 'isi€ll"l eFtS GRell F1st BEl €I81i1si88rS8 88 imf98etes erBSS. TRese "'StI8A8 afe8S
8R8/sr fI8".?"8~'13 Ri1e~' 138 l::t88S hu "'etar EiteFe~8 ~H8':jQe8 tRet tR8 'A'eter
€!isgAep~8€f ili1 tRSSEl areas is ~r8 treate€!.
!h For those lands within the oroiect desiqnated as Sendinq the native veqetation
oreservation reauirement shall be 90% of the native veqetation not to exceed
60% of the total oroiect area desiqnated as Sendinq unless the orovisions
found in subsection "a" above are met. prOl'i.rion re/omted onl)', out or "1" ohm',?
9.0. Wetland areas that are imoacted throuah the develooment orocess but which
result in enhanced wetland function includina habitat and/or flowwavs shall be
considered as Dart of the native veaetation requirement set forth in this
orovision and shall not be considered as imoacted areas. These wetland areas
and/or flowwavs mav be used for water storaae, orovided that the water
discharaed in these areas is ore-treated. [proVision re/omted on!)'. out or "1" abm',
- 3-
Single underlined words are added, and single 8lr~gk thr9~~h words are deleted. as proposed by
petitioner. Double underlined words are added, and double etrwel\ tRr9~!lR words are deleted. as
proposed by CCPC on Consent.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -146-
2/8/2011 Item 8.E.
CP-2006-11
(g) Permitted uses for density blending under this provision include residential
development and associated amenities, including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying land use designation.
PART THREE of SIX:
B. DENSITY RATING SYSTEM:
2. Density Bonuses
[Insert new language - FLUE PagelF4+-50]
Consistency with the following characteristics may add to the base density. Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the rezone criteria in
the Land Development Code.
f. Transfer of Development Rights Bonus
To encourage preservation/conservation of natural resources, density transfers are permitted
as follows:
(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 (1) unit
per gross acre, except for tRe 1x18eisRga b.8hes pi I~'~nl oroDerties that straddle the
Urban Residential Frinae and the Rural Frinae Mixed Use Sendina Lands desianations.
and meet the other Densitv Blendina criteria provided for in subsection 5.2 of the
Densitv Ratina Svstem. which mav transfer TDRs from Sendina Lands located within
one mile of the Urban Boundarv into lands desiqnated Urban Residential Frinqe, at a
maximum densitv increase of 1.3Q units oer qross acre.
-4 -
Single underlined words are added, and single strusk IRre~!3R words are deleted, as proposed by
petitioner. Double underlined words are added, and double 8t~ueh tRrew!jR words are deleted, as
proposed by CCPC on Consent.
Row of asterisks (** 1r1r1r **** *** **) denotes breaks in text.
Packet Page -147-
2/8/2011 Item 8.E.
CP-2006-11
PART FOUR of SIX:
URBAN DESIGNATION
[amend language - FLUE Pages 56-57]
C. Urban Commercial Subdistrict
1. Mixed Use Activity Center Subdistrict
2. The allowable land uses for a Master Planned Activity Center shall be the same as for
other designated Activity Centers; however, a Master Planned Activity Center
encompassing the majority of the property in two or more quadrants shall be afforded
the flexibility to redistribute a part or all of the allocation from one quadrant to another,
to the extent of the unified control. The maximum amount of commercial uses allowed
at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant
for a total of 160 acres maximum in the entire Activity Center; the balance of the land
area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers.
The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake
Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the
northeast quadrant may have a total of 59 acres and the southeast quadrant mav have
a total of ~ 4a2 acres, for a total of -1-+Q 4-iQ 188.2 acres maximum in the entire
Activity Center;
Note: The Activity Center #7 inset map within the FLUE is to be amended to reflect the
proposed boundary change. It is not the intent of this amendment request to modify the
Future Land Use Map to depict the boundary change.
FUTURE LAND USE MAP SERIES
[amend in order]
Activity Center NO.7 - Rattlesnake Hammock Road and Collier Boulevard Mixed Use Activity Center
. amend inset map depicting new MUAC boundary, instead of revision to the Future Land Use
Element Countywide FLUM.
PART FIVE of SIX:
URBAN DESIGNATION
[Insert new language - FLUE Pages 31-32]
A. Urban Mixed Use District
4. Business Park Subdistrict
- 5-
Single underlined words are added, and single Etr~Qk thr9~€lh words are deleted, as proposed by
petitioner. Double underlined words are added, and double slr~QI' l~rQ~!l~ words are deleted, as
proposed by CCPC on Consent.
Row of asterisks (** *** **'** *** **) denotes breaks in text.
Packet Page -148-
2/8/2011 Item 8.E.
CP-2006-11
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial
uses, designed in an attractive park-like environment with low structural density where building
coverage ranges between 25% to 45% and where landscaped areas provide for buffering and
enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a
Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District
and may include the general uses allowed within each District, the specific uses set forth below, and
shall comply with the following general conditions:
* ** *** **** *** ***** *** **** *** ** *
h. When located in a District other than the Urban Industrial District, the Business Park must have
direct access to a road classified as an arterial in the Transportation Element. exceot that a
Business Park in Section 14 Townshio 50 South Rance 26 East mav have access to an arterial
road via The Lords Wav.
['\Jt~.<:"flaf' 'e B~f?~dmfn<It l.e"1gldsge 1} Ttxte b.er88 '^(e',' GRilli 88 88R&iB8r88 ai~9fJt 8889&& 18 "elli8r
iShIIls' 'efa feR Qi1) fer i\!!lsiR8GG P8Fh:S 'A'ittxtirxt tRe Ur98R RBsisuRtiel17FiREl9 iWBsistri8t.
[I\Jtr;~"1iiIt:. -8 B~6'n~erxtt 'iIrxrgwiiIge 2J Qire8t iiaG98GG is safiRes 89 Ii Bri' '8'''8',' 8R8 'ef 19981 r88Q'"'e':
99RR~H9tiEH'1 18 t~8 aRerial feas. Brs"is88 flits 68Ri€H~ sf tRB hHial feea"'e',' iRteRB88 18 ers"j88
8888&9 ts tRB i'WSiR8GG PSFIt is 1il8t '''ittxtiR a reGiaBAtial RE!li8R88FR889 8Ra 888G Ret 98P'ies 8
srSQQRXliR8Rtl': F8Gi88Rtiel areB.
- 6-
Single underlined words are added, and single 8trysk throY~h words are deleted, as proposed by
petitioner. Double underlined words are added, and double .try.l; t~rQY~~ words are deleted, as
proposed by CCPC on Consent.
Row of asterisks (** *** *u* *** **) denotes breaks in text.
Packet Page -149-
2/8/2011 Item 8.E.
CP-2006-11
PART SIX of SIX:
Conservation and Coastal Manaoement Element
GOAL 6:
[Insert new language - CCME Pages 18-21J
OBJECTIVE 6.1:
Policy 6.1.1:
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area,
and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District
as designated on the FLUM, native vegetation shall be preserved through the application of the
following preservation and vegetation retention standards and criteria, unless the development occurs
within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future
Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all
non-agricultural development except for single-family dwelling units situated on individual parcels that
are not located within a watershed management conservation area identified in a Watershed
Management Plan developed pursuant to policies supporting Objective 2.1 of this Element.
Coastal High Hazard I Non-Coastal High Hazard Area
Area
Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 10%
Use Development Equal to or greater Equal to or greater than 5 acres
than 2.5 acres 25% and less than 20 acres. 15%
Equal to or
, greater than 20 ac. 25%
,
Golf Course 35% ! 35%
Commercial and Less than 5 acres. 10% Less than 5 acres. 10%
Industrial Equal to or greater Equal to or
Development than 5 acres. 15% greater than 5 acres. 15%
Industrial 50%, not to exceed 25% ! 50%, not to exceed 25% of the
Development (Rural- of the project site. i project site.
Industrial District onlv) i I
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
* ** *** **** *** ***** 'it** **** *** ** *
L1.1.1: In order to promote qreater preservation of the hiqhest qualitv wetlands and listed species
habitat the required native veoetation for the Urban portion of the proiect mav be shifted bv
providino native veoetation preservation in the Sendino Lands portion of the proiect exceedino
- 7-
Single underlined words are added, and single str~ck thm~!lR words are deleted. as proposed by
petitioner. Double underlined words are added. and double GlrwGl, tR~G~!lR words are deleted, as
proposed by CCPC on Consent.
Row of asterisks (** *** u** *** **) denotes breaks in text.
Packet Page -150-
2/8/2011 Item 8.E.
CP.2006.11
the 60% maximum preservation requirement found in Densitv Blendino orovisions of the FLUE
for proiects that:
(al Are under unified control..
(b 1 Straddle the Urban Residential Frinqe and the Rural Frinqe Mixed Use Sendinq La.oQ.s
desiq nations.....arui
(cl Meet the maximum required 60 percent preservation requirement for the Sendinq
Lands portion of the proiect.
The preservation ratio shall be two acres of Sendinq Lands (exceedinq the 60% maximum
preservation requirement) for each acre below the required amount of native veqetation for the Urban
portion of the proiect. In no instance shall less than 10 oercent of the re~uired amount of native
veoetation be retained in the Urban oortion of the oroiect. Siqnificant Archeolooical Sites identified bv
the State of Florida Division of Historic Resources shall be preserved and cannot be mitiqated for.
G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2006 Cycle Petitions\CP.2006M11
FLUE-CCME Hacienda Lakes of Naples\Exhibit A's\21 Jan 11 Exhibit A Update.docx
- 8-
Single underlined words are added, and singie .tr~Gk thre~gh words are deleted, as proposed by
petitioner. Double underlined words are added, and double 8tr~Bh IRrQ~!lR words are deleted. as
proposed by CCPC on Consent.
Row of asterisks (** *** "''fr** *** **) denotes breaks in text.
Packet Page -151-
2/8/2011 Item 8.E.
CP.2006.11
Exhibit A
PART ONE of SIX:
Future Land Use Element
I. URBAN DESIGNATION
A. Urban Mixed Use District
[Insert new ianguage - FLUE Page 29]
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. ilHBIOISi"il sf olus anv density bonus that mav be achieved via CCME Policy 6.2.5 (6) b.1., @I'
t><IiQ~er tj;<,r8hd8tx! ttxlg 1ld~g sf ttxle hillg"'iR8 and either "a" or lib" below:
a. Up to H 1..Q unit& per gross acre via the transfer of up to one ~dwelling unit (transferable
development riah!) per acre from lands located within one mile of the Urban Boundarv and
designated as Rural Fringe Mixed Use District Sending Lands. except in the case of ~
l<leBilifujli lehlili rU~.'l;?nl properties that straddle the Urban Residential Frinae and the Rural
Frinae Mixed Use Sendina Lands desianations, and meet the other Densitv Blendina criteria
provided for in subsection 5.2 of the Densitv Ratina Svstem. which may achieve an additional
maximum density of UP to ~ 1,;3 units per aross acre via the transfer of up to 1.3G dwellina
units (transferable development riqhts) per acre from lands located within one mile of the
Urban Boundarv and desianated as Rural Frinae Mixed Use District Sendina ~; ~. or, if!
~ 1.0. 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 i~ f3Br8gr813~ "e" below. \l\fit~iR t~g Ur88A R88isl3~ti81 FriFlff8, r8~Bf"l8 r8~l:JeBt8 erB
Ret 8I:JSj88t tEl iRe S8ASitJ' F8tiR~ 8~'8t8r>lX1, 8](88131 88 SP88ifig811~' f3nr:isss iF! 8. Ber@"', BMi ere
S15I8jSBt 18 iRe f13II@"'iA~ 8SRSiti8F1S:
Within the Urban Residential Fringe. rezone requests are not subject to the density rating system,
except as specifically provided ~. below, B\Jt lire SOIBjSBt ts tAs f8118'::iR1j BIilR8iti8RS: for the
Affordable-workforce Housina Densitv Bonus. /prOl,j,ioll relocated 011/). 0111 ot' "b" above' All rezones are
encouraaed to be in the form of a planned unit develooment. Proposed development in the _
Subdistrict shall be fullv responsible for all necessarv water manaaement imorovements includina the
routina of all on-site and appropriate off-site water throuah the proiect's water manaaement svstem
and a fair share cost of necessarv imorovements to the CR 951 canal/out-fall svstem made necessarv
bv new develooment in the _ Subdistrict.
- 1 -
Single underlined words are added, and single str~sl( tRra~!3h words are deleted, as proposed by
petitioner. Double underlined words are added, and double Gtr~sl, t~rsu!l~ words are deleted, as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -152-
2/8/2011 Item 8.E.
CP-2006-11
8. .^.I1 re:a8RBG ere eRe8104F8~B8 18 B8 iR 11018 ferm af 8 IiilaRR6!Hil l\dRit 8s"sIBJ!lIXR8Rt; [proviJion relocated 011!Y, to
above paragrapb}
8. Pr€lfi,HiS88 8il"s18F9rxRQRt iR tRe 8r88 e!xlalla8 fl3lll~' r;eGfHH<1sisle fer 811 REHHiliHHU)' "'gler RXl8R8~8mElRt
imprs' '8lXlHiHiltG, iR81bs1SiR!t tt;'18 rewtiR~ af ell 8R site 81i'18 61f'~rQ~ri8teg 8ft site "'ster tRnHslglxl tRB "rejeet's
"'eatsr m8R888meRt s~'stem, aRa 8 fair SR8F8 m3st sf RSOSSG8r,,' imranr 'smaRts 18 tRe CR 951
88R81'8wt fell G~'Gt8m RXI88B R88Q8G8~' 8~' Flew 9s"sleJ'msr;qt iR ttiCl8 area; eRa, fpmviJion relocated to above
pm-<{grapb, and tbe tem "area" replaced "litb "Stlbdistl7d '7
llT 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.
1. Property located on the East side of Collier Boulevard (C.R. 951), approximately...
PART TWO of SIX:
I. URBAN DESIGNATION
B. DENSITY RATING SYSTEM
[Insert new language - FLUE Pages 51 - 53]
5. Density Blending:
This provision is intended to encourage unified plans of development and to preserve wetlands,
wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed
Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the
Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under
unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the
allowable gross density for such properties in aggregate may be distributed throughout the project,
regardless of whether or not the density allowable for a portion of the project exceeds that which is
otherwise permitted, when the following conditions are met:
* ** *** **** *** ***** *** **** *** ** *
2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential
Fringe Sub-District and Rural Fringe Mixed Use District Sending lands:
- 2-
Single underlined words are added, and single ~lr~Gk lhre~!lh words are deleted, as proposed by
petitioner. Double underlined words are added, and double st~uQI, lRrS~!lR words are deleted. as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -153-
2/8/2011 Item 8.E.
CP-2006.11
(a) The project must straddle the Urban Residential Fringe Sub-District and the Rural
Fringe Mixed Use District Sending Lands;
(b) The project in aggregate must be a minimum of 400 acres;
(c) At least 25% of the project must be located within the Urban Residential Fringe Sub-
District. The project must extend central water and _ wastewater treatment
facilities (from the urban designated portion of the project) to serve the entire project,
unless alternative interim iHl',,'ilr il~il water and wastewater treatment provisions are
authorized by Collier County;
(d) The Project is currently zoned or will be zoned PUD;
(e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to
be located on impacted or disturbed lands, or it is demonstrated that the development
on the site is to be located so as to preserve and protect the highest quality native
vegetation and/or habitat on-site and to maximize the connectivity of such native
vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas;
(f) Native veaetation shall be preserved as follows:
a" ill The Urban portion of the project shall comply with the native vegetation
requirements identified in the Conservation and Coastal Management Element
(for Urban designated lands). or in the case of proiects where the native
veaetation requirement for the Sendinq Lands portion of the proiect is the
maximum required 60 percent of the total Sendinq Land area. in order to
promote qreater preservation of the hiqhest qualitv wetlands and listed species
habitat. the required native veqetation for the Urban portion of the proiect may
be shifted by providinq native veqetation preservation in the Sendinq Lands
portion of the project exceedinq the 60% maximum preservation requirement as
set forth in subsection ".b':, below. The ratio for such native veqetation
preservation shall be two acres of Sendinq Lands (exceedinq the 60%
maximum preservation requirement) for each acre below the required amount
of native veqetation for the Urban portion of the proiect. In no instance shall
less than 10 oercent of the reouired amount of native veaetation be retained in
the Urban Dort/on of the Droiect. Siqnificant Archeoloqical Sites identified by the
State of Florida Division of Historic Resources shall be preserved and cannot
be mitioated for. Fer ttil8GiI 181Xl89 '''ittxliR tRB "rej8st 88Si~RBtQS as &8fX19iR~, tRB
Reti':e ':8~8blti8R I3rSG8P:etielXl r8~l:sIir;:8m8IXlt GRell Be ggq~ af ttxle Rati':e
"B!lstati€lR, A@! 18 8H€l888 ig~/_ €If t~8 h3tel Jjf€lj8€1t ara8 d88i~R8t8B as ~BA9iR~.
'.I\'etlaR8 Sf-sae tR81 e~e iRlilp;set88 tl:<lrBl:sISR tl=l8 88':elsJ3m8Rt 13r;:8B8SG, Sial! '''lx1iBR
F-8SE41t iR 8Rt=taR€le€l wetlaFl8 fBlRetisA, i~H~lh>ldir><1~ Resile! 8AS'€Ir fIEr.w'8~'S, sl=lell 88
€IBIi'IsiSElPS8 88 138~ €If iRB Ji<18ti'.'E1 ':8~8t8ti8A r8~Yir81iJl8Rt G8t faRR jr;<l tRis
I3fEI':isi€lR 8Ra eRal1 R@t 8e gSFlsid8rea as imJ38€1t88 8r-EllillS. TI=I888 '''stlaIi'\8 sress
81i'\8,/8r fhr.~<:::8~'S ~8~' ~JEi 61BB8 fen "'ShH st8rs~8 fjr8':i888 t~et t];;,8 '''ster
giS€Rer~88 iF! tfiles€l aress is ~r@ tre8tes.
@, ill For those lands within the Droiect desianated as Sendina the native veaetation
Dreservation requirement shall be 90% of the native veqetation not to exceed
- 3-
Single underlined words are added, and single 8tr~8k tRrB~~R words are deleted, as proposed by
petitioner. Double underlined words are added, and double GtrwGI' tRFilwBR words are deleted, as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -154-
2/8/2011 Item 8.E.
CP.2006.11
60% of the total oroiect area desionated as Sendina unless the orovlslons
found In subsection "a" above are met (provision relot'ated only, out of "1" above)
€lo QJ Wetland areas that are imoacted throuah the develooment orocess. but which
result in enhanced wetland function. includina habitat and/or flowwavs shall be
considered as Dart of the native veaetation reauirement set forth in this
orovision and shall not be considered as imoacted areas. These wetland areas
and/or flowwavs may be used for water storaae orovided that the water
discharoed in these areas is ore-treated. (provision relocated only, out of "1" above)
(g) Permitted uses for density blending under this provision include residential
development and associated amenities, including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying land use designation.
PART THREE of SIX;
B. DENSITY RATING SYSTEM:
2. Density Bonuses
[Insert new language - FLUE Pages-4+-50]
Consistency with the following characteristics may add to the base density. Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the rezone criteria in
the Land Development Code.
f. Transfer of Development Rights Bonus
To encourage preservation/conservation of natural resources, density transfers are permitted
as follows:
(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 (1) unit
per gross acre, except for tR8 pq8sisAae b.81t88 P'J[','(\RI orooerties that straddle the
Urban Residential Frinae and the Rural Frinoe Mixed Use Sendina Lands desianations
and meet the other Densitv Blendina criteria orovided for in subsection 5.2 of the
Densitv Ratina System, which mav transfer TDRs from Sendinc Lands located within
one mile of the Urban Boundarv into lands desicnated Urban Residential Frince. at a
maximum density increase of 1.30} units oer cross acre.
- 4-
Single underlined words are added. and single EOtruek thr-eu[lR words are deleted, as proposed by
petitioner. Double underlined words are added, and double 8Ir~81< tRrB~!lR words are deleted, as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -155-
2/8/2011 Item 8.E.
CP-2006-11
PART FOUR of SIX:
URBAN DESIGNATION
C. Urban Commercial Subdistrict
[amend language - FLUE Pages 56-57]
1. Mixed Use Activity Center Subdistrict
2. The allowable land uses for a Master Planned Activity Center shall be the same as for
other designated Activity Centers; however, a Master Planned Activity Center
encompassing the majority of the property in two or more quadrants shall be afforded
the flexibility to redistribute a part or all of the allocation from one quadrant to another,
to the extent of the unified control. The maximum amount of commercial uses allowed
at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant
for a total of 160 acres maximum in the entire Activity Center; the balance of the land
area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers.
The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake
Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the
northeast quadrant may have a total of 59 acres and the southeast Quadrant mav have
a total of ~ 4B2 acres, for a total of ~ 4-iQ 188.2 acres maximum in the entire
Activity Center;
Note: The Activity Center #7 inset map within the FLUE is to be amended to reflect the
proposed boundary change. It is not the intent of this amendment request to modify the
Future Land Use Map to depict the boundary change.
FUTURE LAND USE MAP SERIES
[amend in order]
Activity Center NO.7 - Rattlesnake Hammock Road and Collier Boulevard Mixed Use Activity Center
. amend inset map depicting new MUAC boundary, instead of revision to the Future Land Use
Element Countywide FLUM.
PART FIVE of SIX:
URBAN DESIGNATION
A. Urban Mixed Use District
[Insert new language - FLUE Pages 31-32]
4. Business Park Subdistrict
- 5-
Single underlined words are added, and single str~GI( thrg~9h words are deleted, as proposed by
petitioner. Double underlined words are added. and double 8t~~eh t~re~!l~ words are deleted, as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** 'Irk) denotes breaks in text.
Packet Page -156-
2/8/2011 Item 8.E.
CP-2006-11
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial
uses, designed in an attractive park-like environment with low structural density where building
coverage ranges between 25% to 45% and where landscaped areas provide for buffering and
enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a
Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District
and may include the general uses allowed within each District, the specific uses set forth below, and
shall comply with the following general conditions:
* ** *** **** *** ***** *** **** *** ** *
h. When located in a District other than the Urban Industrial District, the Business Park must have
direct access to a road classified as an arterial in the Transportation Element. exceot that a
Business Park in Section 14 Townshio 50 South Ranoe 26 East mav have access to an arterial
road via The Lords Wav
f,~.'te.~Rgt;. '6' g~gRfI,mefXit ~'qHM8gB 1)1 Ttxte b.eras \^'s.': GRail ~e BijRSiggrea fJirggt 8BB8SS h9 ('e11i8r
IifJhll""8ra (~R g51) fer ibslSilXl8GG Par;;I~G "'jtlxliR tl;tg l'rBBIXI R9Si98Rtiel ~riRQ8 &bsI89ietriet.
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888888 18 iRe ihmilil8Gti PSFIL is Ril "'jtlx1il'X1 8 rRilei88fX1tiel R9iaR&8rRSSg eRB StHHi Re! l>.H,P'jSg 8
8resraRi'liR8Rtl': resi89rxltial areB.
- 6-
Single underlined words are added, and single Elrusl\ threu~h words are deleted, as proposed by
petitioner. Double underlined words are added, and double sir' Isl\ tRFSW1jR words are deleted. as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** "'*** *** **) denotes breaks in text.
Packet Page -157-
2/8/2011 Item 8.E.
CP-2006-11
PART SIX of SIX:
Conservation and Coastal Manaqement Element
GOAL 6:
[Insert new language - CCME Pages 18-21]
OBJECTIVE 6.1:
Policy 6.1.1:
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area,
and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District
as designated on the FLUM, native vegetation shall be preserved through the application of the
following preservation and vegetation retention standards and criteria, unless the development occurs
within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future
Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all
non-agricultural development except for single-family dwelling units situated on individual parcels that
are not located within a watershed management conservation area identified in a Watershed
Management Plan developed pursuant to policies supporting Objective 2.1 of this Element.
Coastal High Hazard i Non-Coastal High Hazard Area
Area !
Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 10%
Use Development Equal to or greater Equal to or greater than 5 acres
than 2.5 acres 25% ! and less than 20 acres. 15%
! Equal to or
i greater than 20 ac. 25%
i Golf Course 35% 35%
Commercial and Less than 5 acres. 10% Less than 5 acres. 10%
Industrial Equal to or greater Equal to or
Development than 5 acres. 15% , greater than 5 acres. 15%
Industrial 50%, not to exceed 25% i 50%, not to exceed 25% of the
Development (Rural- of the project site. i project site.
Industrial District onlv) , I
,
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
* ** *** **** *** ***** *** **** *** ** *
(14), In order to promote qreater preservation of the hiqhest qualitv wetlands and listed species
habitat the required native veqetation for the Urban portion of the proiect mav be shifted bv
providinq native veqetation preservation in the Sendinq Lands portion of the proiect exceedinq
- 7-
Single underlined words are added, and single Etrusl( thre~€lh words are deleted, as proposed by
petitioner. Double underlined words are added. and double strusl\ l~rs~!l~ words are deleted, as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -158-
2/8/2011 Item 8.E.
CP-2006-11
the 60% maximum preservation requirement found in Density Blendino provisions of the FLUE
for proiects that:
(a) Are under unified control..
(b) Straddle the Urban Residential Frinqe and the Rural Frinqe Mixed Use Sendinq l..lmd.s
desiqnations;. and
(c) Meet the maximum required 60 percent preservation requirement for the Sendinq
Lands portion of the proiect.
The preservation ratio shall be two acres of Sendinq Lands (exceedinq the 60% maximum
preservation requirement) for each acre below the required amount of native veqetation for the Urban
portion of the proiect. In no instance shall less than 10 percent of the re~uired amount of native
veoetation be retained in the Urban portion of the proiect Siqnificant Archeoloqical Sites identified by
the State of Florida Division of Historic Resources shall be preserved and cannot be mitiqated for.
G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2006 Cycle Petitions\CP-2006-11
FLUE-CCME Hacienda Lakes of Naples\Exhibit A's\24 Jan 11 Exhibit A Update.docx
- 8-
Single underlined words are added, and single Etr~ck through words are deleted, as proposed by
petitioner. Double underlined words are added, and double strwsl\ t~r8U!lR words are deleted, as
proposed by CCPC on Consent and revised further post-CCPC and recommended by staff.
Row of asterisks (** *** **** *** **) denotes breaks in text.
Packet Page -159-
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Naples Dally NelllB . Moaday,Juuary24,20n. .&U8/2011 Item 8.E.
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PUBLIC NOTICE PUBLIC NOTICEY\,..,;i "pU'BLI<",NOTICll>
NOTICE OF PUBl1C!rfteARlfl&f' D~ ~Jrf".
NOTICE OF INTENT T.OCONSIDER RESOLUTION
.I
Notice is hereby,given tliat the Collisr County Board of County Commissioners wilt hoId.8 public hearing. on
February 08.2011 In the Board of County Commissioners chamber. third 'floor. Collier CountY GOVe'romant
Center, 3299 E. Tamlaml Trail, Naples f=lorida, to consider the Transmittal of the following COunty Resolution.
for amendments to the: CoIIIty County Growth Management Plan. The meeting will commence at 9:00 A.M.
The' purpose of the hearing Is to consider a recOmmendation to the BoWd of CountyCommlssion8l'B on an
amendment to the Future Land Use Element and Future Land Use Map and Map SerieS; for transmittal to the
Florida Department ~ Community Affairs. ~ RESOLUTION tttte Is-as foIlo>.ys: ,
RESOLUTION NO.-11- ----;--;. _ '
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT
TO lHE COLWER COUNTY GROWTH MANAGEMENT PLAN. ORDINANCE B~.(j5,AS AMENDED.
SPECIFICAIl.Y AMENDNG THE FUTURE LAND USE ELEMENT. AND. FUTURE bAND USE MAP
AND MAP SERIES AND THE CONSERVATION AND COASTAL MANAGE.MENT ELEMENT TO ADD
ACREAGE TO THE URBAN MIXED USE ACTMTY CENTER #7; TO A1.l.0W ACCESS TO A BUSI-
NESS.PARK SUBDISTRICT THROUGH LORD'S WAY; TO INCREASE DENSITY IN THE URBAN
RESIDENTIAL FRINGE SUBDISTRICT AND TO AIl.OW FORlHE TRANSFER OF NATIVE VEGETA-
TIVE RETENTION FROM THE URBAN AREA TO THE .sENDING AREA AND INCREASE THE 60%
CM' ON NATIVE VEGETATION IN lHE TOTAL PROJECT AREA DESIGNATED AS.sENDING AREAS
AND FURTHERMORE RECOMMENDING lRANSMllTAL OF -mE AMENDMENT TO THE FLbRIDA
DEPARTMENT OF COMMUNITY AFFAIRS. .
(j Petition CP-~11, a petition requesting amendments to the CollSArVatlon and Coastal ManaoAriiMt
~, FubJl'e land (j~ EI8Qlf1nt and Future LBndlJs8 Mao and MaoSerles of the Growth Manee8-
1:l'IM1.Elim, to Aeconfigure the boundary and size of the $o\rtheest Quedrant of Mixed UseAotivlty Center
No.7 (Rattleenake Hammock Road and Collier Boulevard); Increase the maximum allowable density thai
may be achieved within the Urban Residential fringe Subdistrict (UFlF) portion of a Project lying in more
than one Future Land Use designetion through enhanced util.ization of e1iglbSe Transferable Development
Rights (TORs); Provide a defl"itive access provislo" for eBusiness Park located In the' URF portion of
a project; and, Allow for Native Vegetation Preservation. in the UAF portion of a Project to be shifted
to the RFMUD Sendina I And" DOrnon of the nroIect when the AectWred Amount of Native Ve98brtlon
Pre&ervatlo" is proporUonally increased in the Sending Lands portion at the Project - as they relate to
proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Develop-
ment (MPUD) ReQuests. The property is located In SectIons 11, 12..13. 14, 23, 24, and 25, Township 50
South, Range 26 East, and Sections 19 and 30, Township 50 South. Range 27 East, consisting of :i:.2,262
acres_ tTransmlttal Hearing] Coordinator: Corby Schmidt. Principal Planner
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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 "
t~ Land Development Services Dept.,
ComprehansivePlannlng Section, 2800 N.
Horseshoe Dr;,' Naples, FL between the
hours ot8:00A,~M. and 5:00 P.M., Monday
through Friday. Furthel'li1ore the materials
wlU be made available for lnQpection at the
Comer County.Clerk's~ice, fourth floor,
suite 401, CoII~r . County Government
Center. 'East Tamiami Tra,II,Naples, one
week prior to the scheduled hearing. Any
questions pertaining to the documents
Should be dIrected to the Comprehensive
Planning Section. Written comments filed
with the Clerk to the 8oard's Office. prior
to February 08. 2011. will be read end.
considered at thapubtic hearing.
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CP.2006-11
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If a person decides to appeal any decision made by the Collier County Board of County Commissioners wtth
respect to any matter considered at such meeti"9 or hearing, he will need a record of that prOc88ding, -ani:l for
such purpose he may need to ensure that a verbatim record of the proceedings is made. which record inclu~
the testimony and evidence upon which the appeal is to be based. .
If you are a person with a disability who needs any accommodatio'n In order to partIcipate in this, proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the COmer County
Facilities Management Department, located at 3335 Tsmiami Trail East"Suite 101; Nl;lples"FL 34112.5356,
(239) 252-8380, st least two days prior to the meeting. ,Assist'edlistening devices tor the hearing Impaired are
available in the Board of County Commissioners Office: '
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN - WIGHT E. BROCK, CLERK
By: IslPatricia Morgan - Deputy Clerk (SEAL)
No 2311AA477
Janwuv ::'4. 2011
,11""'
Packet Page -161-
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