Agenda 09/13/2011 Item # 8CEXECUTIVE SUMMARY
9/13/2011 Item 8.C.
Recommendation to approve .the 2010 Cycle of Growth Management Plan Amendments,
including one 2008 Cycle Petition, (Adoption Hearing)
OBJECTIVE:
For the Board of County Commissioners to review, the 2010 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 Community Affairs.
CONSIDERATIONS:
Note: Because the support materials are so 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 20:10 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
CourtslMinutes 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 97 -431, as amended, provides for a public petition process to amend the Collier
County GMP.
• For this Adoption hearing, the 2010 cycle of GMP amendments now consist of four
petitions - two private sector petitions and two County- initiated petitions.
• The Environmental Advisory Council (EAC) held its transmittal hearing, for the Wellhead
Protection Areas Map portion of petition CPSP- 2010 -2 only, on December 1, 2010. The
Collier County Planning Commission (CCPC), sitting as the "local planning agency" under
Chapter 163.3 174, F. S., held its transmittal hearings on December 16, 2010 and January 20,
2011 (petitions CP- 2010 -1 and CPSP- 2010 -2), February 17, 2011 (petition CPSP - 2010 -5),
and October 19 and 20, 2009 (petition CP- 2008 -1). The BCC held its transmittal hearings
on March 22, 2011 (petitions CP- 2010 -1, CPSP- 2010 -2 and CPSP - 2010 -5), and January 19,
2010 and March 22, 2011 (petition CP- 2008 -1). The respective transmittal hearings
recommendations /actions are contained in the CCPC adoption hearing Staff Reports.
• The EAC held its adoption hearing, for the Wellhead Protection Areas Map portion of
petition CPSP - 2010 -2 only, on July 6, 2011. The CCPC held its adoption hearing on July
21, 2411. The respective adoption hearing recommendations are presented further below,
following each petition number and title.
• The Objections, _ Recommendations and Comments (ORC) Report from the Florida
Department of Community Affairs (DCA), dated June 3, 2011, contained no Objections,
Recommendations or Comments; one other state agency had a Comment specific to private
sector petition CP- 2008 -1. The ORC Report is contained in the back -up materials.
• This adoption hearing considers amendments to the following Elements of the Plan:
0 Future Land Use Element (FLUE) and Future Land Use Map and Map Series; and
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9/13/2011 Item B.C.
Golden Gate Area Master Plan (GGAMP) and Future Land Use Map and Map
Series,
LEGAL CONSIDERATIONS:
This Executive Summary and GMP amendment ordinances have been reviewed by the County
Attorney's office for legal sufficiency. A four - fifths vote of the Board is necessary for approval
per Resolution No. 97 -431. - HFAC
FISCAL IMPACT:
There is some fiscal impact to Collier County as a result of the County- initiated petition CPSP-
2010 -2 as it will require preparation of one or more subsequent Land Development Code
amendments, most notably amendments to the wellfield risk management special treatment
overlay zone maps in Section 3.46.00. However, that cost is primarily for existing, budgeted
staff time. There are no fiscal impacts to Collier County as a result of the two private sector
amendments to the Growth Management Plan in that implementation of these amendments will
occur through subsequent development orders (rezone or conditional use, site development plan,
building permits, etc.) for which review fees are paid by the petitioner. The exception is if the
presumed statutory compliance of any petition is challenged [appealed] by, DCA (see Growth
Management Impact, below). In such an instance, Collier County may incur expenses to engage
in settlement negotiations and/or to prepare for and participate in an Administrative Hearing
before an Administrative Law'Judge.
GROWTH MANAGEMENT IMPACT:
This is an adoption public hearing for the 2010 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 DCA will have 30 days 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 in which to, file a
challenge. If a timely challenge is not filed by DCA or an affected party within 30 days, then the
amendments will become effective.
ENVIRONMENTAL. ISSUES:
One of the private ,sector amendments to the Growth Management Plan (CP- 2008 -1) would
increase allowable development intensity. For that site, no listed plant and/or-animal species
have been observed or are known to be on the site, and that site does not contain jurisdictional
wetlands. As part of the process of obtaining subsequent development orders (e.g. rezone and/or
conditional use, site development plan), both private sector petition sites 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 GMP, and the Land
Development Code.
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9/13/2011 Item 8.C.
HISTORICAL/ C OLOOI AL IMPACT: .
Neither of the two proposed private sector amendments to the GMP contain lands identified on
the County's Historical/Archeological Probabili Maps as being � Probability aP gin areas of historical or
archaeological probability. The Florida Department of State notes the site of petition CP- 2008 -1
appears to be adjacent to an archaeological high probability area, based upon the County's
Probability Maps. During review of subsequent development orders, both of the private sector
petition sites will be subject to all applicable local, state and federal historical and archaeological
protection regulations:
COMPREHENSIVE PLANNING STAFF RECOMMENDATION:
The Staff recommendation follows each individual petition listed below.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC held its Adoption hearing on July 6, 2011 (Wellhead Protection Areas Map portion of
petition CPSP- 2010 -2 only); its recommendation follows that petition listed below.
COLLIER COUNTY PLANNING COMMISSION CCC,PC) RECOM—.MEND ATION:
The Collier County Planning Commission held its required Adoption public hearing on July 21,
2011. The CCPC recommendation follows each individual petition listed below.
1. , PETITION CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area Master
Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to create the
Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of
commercial uses_ of the C -1 through C -3 zoning districts, with exceptions, and some uses of
the C-4 and C -5 zoning districts with a requirement to construct a grocery store, for property
located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd
Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of ±40.62
acres. (Coordinator: Michele Mosca, AICP, Principal Planner]
Staff Recommendation: That the CCPC forward petition CP- 2008 -1 to the BCC with a
recommendation to adopt subject to the following: (a) limit the overall size (square feet) to that
of a neighborhood shopping center; (b) limit individual users, except for grocer, to a maximum
of 20,000 square feet;- (c) replace the detailed list of permitted uses with reference to uses
allowed in the C -1 through C -3 zoning districts in the Collier County Land Development Code;
and, (d) remove the conceptual site plan.
Voter Referendum: The following question was posed to voters on the November 2, 2010
General Election ballot to determine community support for the project within Precincts 551,
552, 554, 555, 590 and 591, the geographic area covering almost the entirety of the Estates
designation east of Collier Boulevard and .certain other surrounding areas:
Should the Golden Gate Area Master Plan be amended to permit a 40 acre commercial shopping
center, consisting of 210, 000 square feet of leasable commercial floor space located at the
intersection of Wilson Boulevard and Golden Gate Boulevard, that will include drive- through
shopping services, and whose first tenant must be a minimum 27, 000 square foot supermarket?
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9/13/2011 Item 8.C.
Yes No
NOVEMBER 2, 2010 POLLING RESULTS:
A total of 7,038 or 76% of the votes carted were in support of the project and 1,924 or 21% of
the votes carted were against the proposed commercial center. The results from each Precinct are
noted below.
Precinct 551: 931 (Yes) and 266 (No)
Precinct 552: 735 (Yes) and 265 (No)
Precinct 554: 1,044, (Yes) and 224 (No)
Precinct 555: 1,081 (Yes) and 421 (No)
Precinct 590: 1,840 (Yes) and 463 (No)
Precinct 591: 1,407 (Yes) and 285 (No)
CCPC Recommendation That the BCC adopt petition CP- 2008 -1 at a maximum total of
190,000 ware feet of commercial uses, subject to the following changes, (vote: 7 /1): (a) delete
certain principal uses; (b) add accessory uses; (c) modify a prohibited use; (d) increase
restrictions pertaining to outdoor music prohibition; ,(e) add maximum square feet for buildings
and individual uses. The CCPC- recommended text is reflected in Ordinance Exhibit A for this
petition.
There were fifteen public speakers, six opposed and nine in favor.
Staff Recommendation to BCC: Same as to CCPC.
2. PETITION CP- 2010 -1, Petition requesting an amendment to the Future Land Use Element
LUE to modify the language of the Vanderbilt Beach Road Neighborhood Commercial
Subdistrict to allow a grocery/supermarket, physical fitness facility, craft/hobby store, home
furnishing store and department store use to exceed the 20,000 square feet limitation for a
single commercial use, up to a maximum of 50,000 square feet, for Parcel 1 ( ±9.2 acres,
zoned Bradford Square MPUD) only, and with the overall maximum development limitation
of 100,00 square feet of commercial land uses on Parcel l to remain; the subject portion of
the Subdistrct is located at the northeast corner of Vanderbilt Beach Road and Livingston
Road in Section 31, Township 48 South, Range 26 East. [Coordinator: Michele Mosca,
A1CP, Principal Planner]
Staff Recommendation: That the CCPC forward petition CP- 2010 -1 to the BCC with a
recommendation to adopt as approved for transmittal by BCC.
CCPC Recommendation: That the BCC adopt petition CP- 2010 -1 (vote: 7/0) as approved for
transmittal by BCC [including the recommendation from transmittal hearing that the petitioner
record deed restrictions in the public record, by adoption hearings, listing the same prohibited
uses as listed in the proposed amendment].
There were no public speakers.
Staff Recommendation to BCC: Same as to CCPC.
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9/13/2011 Item 8.C.
3. PETITION CPSP- 2010 -2, Staff petition requesting amendments to the Future Land Use
Element and Future Land Use Map and Map Series (FLUE/FLUM), to: modify the
Bayshore/Gateway Triangle Redevelopment Overlay (B /GIRO); modify FLUE Policy 5.1;
modify applicability of the Office and Infill Commercial Subdistrict; update the Wellhead
Protection Map; update the FLUM and Map Series to reflect annexations, etc.; make FLUM
boundary corrections in rural areas; and, add clarity, correct date errors, and make other non -
substantive text revisions. [Coordinator: David Weeks, AICP, GMP Manager]
Staff Recommendation: That the CCPC forward petition CPSP - 2010 -2 to the BCC with a
recommendation to adopt with one change to the Wellhead Protection Areas Map: remove the
Marco Lakes Reservoir. Both the EAC and CCPC Adoption staff reports provide explanation
and rationale for staff's recommendation.
EAC Recommendation: [Only applicable to the Wellhead Protection Areas Map] That the
BCC adopt that Map subject to the following two changes, and expressed concerns (vote: 510):
(a) per staff recommendation, remove the label "Marco Island Utilities Marco Lakes" and
associated concentric rings around that location; (b) add a note to the Map to identify the aquifers
reflected - surficial and intermediate; (c) concern: that the planned Orangetree Wellfield may
negatively impact the Corkscrew Regional Ecosystem Watershed and Corkscrew Swamp; (d)
concern: that the Golden Gate Wellfield drawdown may negatively impact private wells in
Golden Gate Estates; and, (e) concern/desire: the Water Master Plan updates (Public Utilities
Division) are approved by the Board of County Commissioners without benefit of review by the
EAC; the EAC believes the Water Master Plan should be brought before. the EAC for review and
recommendation as it impacts natural resources under their purview.
CCPC Recommendation: That the BCC adopt petition CPSP - 2010 -2 per EAC's two
recommended map changes, and with the following recommended direction: that staff find a way
to protect the Marco Lakes Reservoir- (a surface water body that is a source of potable water for
Marco Island).
There were no public speakers.
Staff Recommendation to BCC; Same as to CCPC.
4. PETITION CPSP- 2010 -5, Staff Petition requesting an amendment to the Future Land Use
Element and Future Land Use Map and Map Series, to delete the Davis Boulevard/County
Barn Road Mixed Use Subdistrict and re- designate the site as Urban Residential Subdistrict
for property consisting of approximately 22.83 acres located at the southeast corner of the
intersection of Davis Boulevard (SR 84) at County Barn Road, in Section 8, Township 50
South, Range 26 East [Coordinator: Corby Schmidt, AICP, Principal Planner]
Staff Recommendation: That the CCPC forward petition CPSP - 2010 -5 to the BCC with a
recommendation to adopt as approved for transmittal by BCC.
CCPC Recommendation: That the BCC adopt petition CPSP- 2010 -5 as approved for
transmittal by BCC (vote: 7/0).
There were no public speakers.
Staff Recommendation to BCC: Same as to CCPC.
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9/13/2011 Item 8.C.
sTA RECQNU ND_ ATION:
Staff recommendations for the 2010 cycle of Growth Management Plan amendments, including
one 2008 cycle petition, are as reflected above following each petition.
CCPC RECOMMENDATION:
The Collier County Planning Commission held their required public hearing on July 21, 2011.
The. CCPC forwarded the 2010 cycle of Growth Management Plan amendments, including one
2008 cycle petition, to the Board of County Commissioners with recommendations as reflected
above following each petition.
Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Land
Development Services Department, Growth Management Division/Planning and Regulation
Attachments: 1) CCPC Adoption Staff Report; 2) CP- 2008 -1 Ordinance with Exhibit "A' Text;
3) CP- 2010 -1 Ordinance with Exhibit "A" Text; 4)'CPSP- 2010 -2 Ordinance with Exhibit "A"
Text; 5) CPSP- 2010 -5 Ordinance with Exhibit "A" Text
IX SLIM Adoption 2010 qde GMPAs with Nick edb'8 -31 -11
GiCDES Planning ServIm CwMhensive1COMP PLANNING GMP DATA1Comp Plan Amendments12007 -2008 Combined Cycle PetfionsIBCC Adoption
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9/13/2011 Item 8.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.C.
item Summary: This item requires that ex paste disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve the 2010 Cycle of Growth Management Plan Amendments,
including one 2008 Cycle Petition. (Adoption Hearing)
Meeting Date: 9/13/2011
Prepared By
Name: KendaliMarcia
Title: Planner, Senior,Comprehensive Planning
8/18/20117:37:17 AM
Submitted by
�1
Title: Manager - Planning,Comprehensive Planning
Name: WeeksDavid
8/18/20117:37:19 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Dater 8/19/20119:30:48 AM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 8/19/2011 1:32:15 PM
Name: LorenzWilliam
Title: Director CDES Engineering Services,Comprehensive
Date: 8125/2011 2:02:45 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 8/25/20112:38:03 PM
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9/13/2011 Item 8.C.
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 8/31/20112:18:52 PM
Name: AshtonHeidi
Title: Section ChieflLand Use- Transpoitation,County Attor
Date: 9/1/20119:20:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2011 11:15 :03 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/6/2011 12:01:00 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/6/201112:32-09 PM
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9/13/2011 Item 8.C.
Agenda Items 9.1), F, G, H
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DIVISION /PLANNING AND
REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: JULY 21, 2011
SUBJECT: 2010 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS,
INCLUDING ONE 2008 CYCLE PETITION (ADOPTION HEARING)
ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE
MAP AND MAP SERIES; AND, GOLDEN GATE AREA MASTER
PLAN (GGAMP) ELEMENT AND FUTURE LAND USE MAP AND
MAP SERIES
At time of the Collier County Planning Commission (CCPC) Transmittal hearings, the
2010 cycle of Growth Management Plan (GMP) amendments consisted of three petitions
- one private sector petition and two County- initiated petitions. However, at the Board of
n County Commissioners (BCC) Transmittal hearing on this 2010 cycle, a prior cycle
petition (CP- 2008 -1) that had been continued indefinitely at the BCC Transmittal hearing
in 2009 was added to this 2010 cycle. Therefore, there are now four petitions in this
2010 cycle of GMP amendments — two private sector and two County- initiated petitions.
Transmittal hearings on these amendments were held on December 1, 2010 (EAC,
Environmental Advisory Council) for the Wellhead Protection Areas Map portion of
petition CPSP- 2010 -2 only; December 16, 2010 and January 20, 2011 (CCPC, Collier
County Planning Commission) for petitions CP- 2010 -1 and CPSP- 2010 -2, and February
17, 2011 (CCPC) for petition CPSP- 2010 -5, and October 19 and 20, 2009 (CCPC) for
petition CP- 2008 -1; and, March 22, 2011 (BCC) for petitions CP- 2010 -1, CPSP- 2010 -2
and CPSP- 2010 -5, and January 19, 2010 and March 22, 2011 (BCC) for petition CP-
2008-1. 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 March
22, 2011 BCC hearing and certain attachments referenced therein, the Transmittal
CCPC staff report for each petition, and both the Transmittal and Adoption EAC staff
reports (for the Wellhead Protection Map portion of petition CPSP- 2010 -2 only), all of
which provide staff's detailed analysis of each petition.
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT:
After review of Transmitted GMP amendments, the Florida Department of Community
Affairs (DCA) renders an Objections, Recommendations and Comments (ORC) Report.
Only Objections can form the basis of a non - compliance determination, unless the
adopted amendments vary significantly from those transmitted. If an Objection is not
adequately addressed when adopted, then the DCA may (presumably will) find the
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9/13/2011 Item 8.C.
Agenda Items 9.D, F, G, H
amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent
(NOI) to indicate such noncompliance. The County may respond to the ORC Report in
one of four ways at Adoption:
1. not modify the amendment, but provide additional explanation of what the
amendment is about, its purpose, what it will achieve [appropriate if we believe DCA
simply does not understand /has misunderstood the amendment] and /or provide
additional data and analysis to support the amendment; or
2. modify the amendment, so as to address the ORC issue; or,
3. modify the amendment, and provide additional explanation and /or provide additional
data and analysis; or,
4. not adopt the amendment.
In their April 21, 2011 ORC Report for the 2010 cycle of GMP amendments, DCA raises
no Objections, and offers only one Comment — relative to petition CP- 2008 -1. That
Comment pertains to historical /archaeological resources in the vicinity of the subject site.
The staff response is to note there are no such resources known to exist on the site
itself; further, to note that the LDC already provides that should such resources be
discovered during development activity, development is to cease and proper authorities
are to be notified. The ORC Report, which includes comments from other state and
regional review agencies, is included in the CCPC binder.
The ordinances proposed for adoption include text and /or map exhibits for each petition;
those exhibits are located within the CCPC binder.
PROPOSED AMENDMENTS
A. PETITION CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map
Series, to create the Estates Shopping Center Subdistrict to allow a maximum of
190,000 square feet of commercial uses of the C -1 through C -3 zoning districts, with
exceptions, and some uses of the C -4 and C -5 zoning districts with a requirement to
construct a grocery store, for property located on the north side of Golden Gate
Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4,
Township 49 South, Range 27 East, consisting of ±40.62 acres. [Coordinator:
Michele Mosca, AICP, Principal Planner]
This petition seeks to amend the GGAMP to establish the Estates Shopping Center
Subdistrict and re- designate the subject site from Neighborhood Center Subdistrict ( ±5
acres) and Residential Estates Subdistrict to this new Subdistrict. The Subdistrict would
allow a total of 190,000 square feet of development, including a grocery store no less
than 27,000 square feet and which must be the first building /user issued a Certificate of
Occupancy. Note: The companion PUD rezone petition is scheduled for this same
hearing.
TRANSMITTAL
STAFF RECOMMENDATION: Do not transmit to DCA. [However, as presented at the
March 22, 2011 BCC hearing, staff would recommend approval IF the petition was
revised to: limit the overall size (square feet) to that of a neighborhood shopping center;
limit individual users, except for grocer, to 20,000 square feet; replace detailed list of
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9/13/2011 Item 8.C.
Agenda. Items 9.1), F, G, H
permitted uses with reference to uses allowed in the C -1 through C -3 zoning districts;
and, remove the conceptual site plan.]
CCPC RECOMMENDATION: There was no CCPC recommendation on revised petition
CP- 2008 -1 by virtue of a tie vote (4/4). At the CCPC Transmittal hearing, the petitioner
verbally proposed two changes to the amendment: 1) reduce building height from two
stories to one story; and, 2) reduce the proposed building area from 225,000 square feet
to 210,000 square feet. The failed motion to approve was subject to staff alternative text
in the Staff Report, revised to: 1) keep the list of allowable uses #1 -27 as proposed by
petitioner, but delete #28 [this requires a re- lettering of paragraphs]; 2) revise paragraph
"a.12" to reflect the correct SIC Code term; 3) revise paragraph "a." to add a "catchall"
prohibited use #14; 4) revise paragraph "b." to reduce the total allowable building area
from 225,000 s.f. to 210,000 s.f., as proposed by the petitioner at the hearing, and to
modify the building floor area term; 5) revise paragraph "c." to recognize the potential for
more than one grocery use; 6) revise paragraph "e.1." pertaining to the timing of right -of-
way donation; and, 6) delete paragraph "n." pertaining to common architectural theme.
The text that reflects the CCPC's unsuccessful motion is contained in the document
titled "CCPC Transmittal Recommendation for CP- 2008 -1."
BCC ACTION: At their January 19, 2010 hearing, the BCC continued this petition
indefinitely so as to allow the petitioner to place this item on the November 2010 ballot
for a non - binding referendum. The petitioner did so. The Executive Summary and
attachments, especially the Supplemental Report, for the March 22, 2011 BCC hearing
contains details about the referendum, additional staff analysis, etc.
At their March 22, 2011 hearing, the BCC approved this petition for Transmittal to DCA
(vote: 4/1), as presented by the petitioner, with direction to the CCPC to make
recommendation upon the appropriate square feet cap for individual users.
ADOPTION
STAFF RECOMMENDATION: Do not transmit to DCA as presented; however, staff
would recommend approval for adoption with the following changes: limit the overall size
(square feet) to that of a neighborhood shopping center; limit individual users, except for
grocer, to 20,000 square feet; replace detailed list of permitted uses with reference to
uses allowed in the C -1 through C -3 zoning districts; and, remove the conceptual site
plan.
B. PETITION CP- 2010 -1, Petition requesting an amendment to the Future Land Use
Element (FLUE), to modify the language of the Vanderbilt Beach Road
Neighborhood Commercial Subdistrict to allow a grocery/supermarket, physical
fitness facility, craft/hobby store, home furnishing store and department store use to
exceed the 20,000 square feet limitation for a single commercial use, up to a
maximum of 50,000 square feet, for Parcel 1 ( +9.2 acres, zoned Bradford Square
MPUD) only, and with the overall maximum development limitation of 100,000
square feet of commercial land uses on Parcel 1 to remain; the subject portion of the
Subdistrct is located at the northeast comer of Vanderbilt Beach Road and
Livingston Road in Section 31, Township 48 South, Range 26 East. [Coordinator:
Michele Mosca, AICP, Principal Planner]
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9/13/2011 Item 8.C.
Agenda Items 9.D, F, G, H
The Vanderbilt Beach Road Neighborhood Commercial Subdistrict was established ^
in 2005 and comprises two non - contiguous parcels that generally allow commercial
uses found in the C -1 through C -3 zoning districts. Each parcel has an overall
building square feet cap, and each parcel includes a maximum size for any individual
commercial use of 20,000 square feet. This petition, which applies to Parcel 1 only,
seeks to increase the individual use cap to 50,000 square feet for certain specified
uses.
TRANSMITTAL
STAFF RECOMMENDATION: Transmit to DCA.
CCPC RECOMMENDATION: Transmit to DCA as submitted by the petitioner and
modified at the hearing to add a list of prohibited uses, and to require, by adoption
hearings, the recordation of deed restrictions listing the same prohibited uses (vote: 9/0).
BCC ACTION: Transmitted to DCA (vote: 5/0), per CCPC recommendation
ADOPTION
STAFF RECOMMENDATION: Adopt as transmitted.
C. PETITION CPSP- 2010 -2, Staff petition requesting amendments to the Future Land
Use Element and Future Land Use Map and Map Series (FLUE /FLUM), to: modify
the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO); modify FLUE
Policy 5.1; modify applicability of the Office and Infill Commercial Subdistrict; update
the Wellhead Protection Map; update the FLUM and Map Series to reflect
annexations, etc.; make FLUM boundary corrections in rural areas; and, add clarity,
correct date errors, and make other non - substantive text revisions. [Coordinator:
David Weeks, AICP, GMP Manager]
On September 14, 2010, the BCC authorized County Manager or designee to initiate this
petition which proposes various amendments to the Future Land Use Element and
Future Land Use Map and Map series. Most of the amendments seek only to add
clarity, correct errors and omissions, provide updates to map features, and provide
harmony and internal consistency. However, exceptions include: 1) changes to Policy
5.1 to allow redistribution of use density and intensity; 2) modification of the Office and
Infill Commercial Subdistrict pertaining to its applicability; 3) changes to the
Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO) to delete a development
standard, add a use, and add clarity regarding applicability of FLUE Policies; and, 4)
update the Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs
Map, based upon most recent hydrologic modeling, as required by Objective 1 of the
Natural Groundwater Aquifer Recharge Sub - Element and subsequent policies, and
Objective 3.3 of the Conservation and Coastal Management Element and subsequent
policies.
TRANSMITTAL
STAFF RECOMMENDATION: Transmit to DCA.
EAC RECOMMENDATION: Transmit to DCA (vote: 3 -0). [Only applicable to the n
Wellhead Protection Areas Map.]
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9/13/2011 Item 8.C.
Agenda Items 9.D, F, G, H
CCPC RECOMMENDATION: Transmit to DCA (vote: 9/0), per staff's recommendation,
except subject to modifications to FLUE Policy 5.1 and the Office and Infill Commercial
Subdistrict — both for clarity /brevity /simplicity, and revision to the Wellfields Protection
Map to add Marco Island Utilities' Marco Lakes (in northeast quadrant of US -41
East/Collier Blvd. intersection).
BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation.
POST- TRANSMITTAL ACTIVITY
Subsequent to the Transmittal of this petition, staff has further reviewed and analyzed
the addition of the City of Marco Island's Marco Lakes Reservoir to the Wellhead
Protection Areas Map. Staff notes that the Map serves as the basis for the map
boundaries within the Land Development Code, Section 3.06, Groundwater Protection.
Those maps are regulations therein are designed to protect potable water supply
weilfie/ds that draw water from the surficial aquifer system, by placing controls land uses
that may pollute a wellfield's drinking water supply.
The Reservoir receives water from both the surficial aquifer system and Henderson
Creek (Creek) that runs along the east side of the Reservoir. There is a weir (gate valve)
located on the north side of the Reservoir that is closed most of the time, but water from
the Creek still trickles around the weir structure. In addition water from the Creek
infiltrates through the bank that separates it from the Reservoir. The volume of water
that infiltrates into the Reservoir varies based on seasonal pump rates from the
Reservoir (up to 16 mgd) to the City of Marco Island and ASR wells. Infiltration may also
vary based on the elevation of the Creek compared with the elevation of the Reservoir.
The Marco Island Utilities provides limited monitoring in the Creek, upstream of the
Reservoir. There are also no protections from flooding.
The Pollution Control Department has modeled risk management special treatment
overlay zones (STW -1 through STW -5) around the Reservoir, derived from a three -
dimensional computer - modeled analysis of ground water flow and solute transport in the
County's freshwater aquifer system. While this model provides a level of risk
management protection from a pollutant entering the reservoir through the surficial
aquifer system, it provides no protection from a pollutant entering the reservoir from the
Creek. Pollution Control has no modeling tool that will provide for this protection.
Because the wellhead protection zone maps and regulations are not designed to, and
cannot, protect the reservoir from surface water pollutants that may be found in
Henderson Creek, staff does not believe it appropriate to include the Marco Lakes
Reservoir on the Wellhead Protection Areas Map.
ADOPTION
STAFF RECOMMENDATION: Adopt as transmitted except remove the Marco Island
Utilities' Marco Lakes.
EAC RECOMMENDATION: To be presented at CCPC hearing (meeting is scheduled
for July 6, 2011).
Packet Page -200-
9/13/2011 Item 8.C.
Agenda Items 9.1), F, G, H
D. PETITION CPSP- 2010 -5, Staff Petition requesting an amendment to the Future Land
Use Element and Future Land Use Map and Map Series, to delete the Davis
Boulevard /County Barn Road Mixed Use Subdistrict and re- designate the site as
Urban Residential Subdistrict for property consisting of approximately 22.83 acres
located at the southeast corner of the intersection of Davis Boulevard (SR 84) at
County Barn Road, in Section 8, Township 50 South, Range 26 East. [Coordinator:
Corby Schmidt, AICP, Principal Planner]
On December 14, 2010, the BCC held a public hearing to consider rezone petition
PUDZ- 2004 -AR -6829 for the Davis Reserve Mixed -Use Planned Unit Development
(MPUD) at the subject site. During that hearing, the applicant withdrew that rezone
petition; the BCC directed County Manager or designee to initiate a GMP amendment to
the Davis Boulevard /County Barn Road Mixed -Use Subdistrict to remove the traditional
neighborhood development requirement, the commercial component, and the affordable
housing requirement — with the applicant stating "no objection" to this direction; and, the
applicant committed to request a PUD rezone that eliminates the retail and limits the
maximum density to five dwelling units per acre (DU /A), and to pay costs for that rezone.
From the BCC direction, staff developed the below two alternatives.
Alternative 1: Modify the Subdistrict to eliminate the commercial component, affordable
housing requirement, and all design and development standards, and limit density to a
maximum of 5 DU /A; and,
Alternative 2: Eliminate the entire Subdistrict and re- designate the site as Urban
Residential Subdistrict (the site's designation prior to 2005 when the Davis
Boulevard /County Barn Road Mixed -Use Subdistrict was established).
TRANSMITTAL
STAFF RECOMMENDATION: Transmit to DCA to delete the Davis Boulevard /County
Barn Road Mixed Use Subdistrict in its entirety and re- designate the site as Urban
Residential Subdistrict (Alternative 2).
CCPC RECOMMENDATION: Transmit to DCA (vote: 9/0), per staff recommendation.
BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation.
ADOPTION
STAFF RECOMMENDATION: Adopt as transmitted.
STAFF RECOMMENDATION OVERALL:
That the CCPC forward petition CP- 2008 -1 to the BCC with a recommendation not to
adopt OR to adopt with changes as noted in this Staff Report; to forward petitions CP-
2010-1 and CPSP- 2010 -5 with a recommendation to adopt as transmitted; and, to
forward petition CPSP- 2010 -2 with a recommendation to adopt with one map change as
noted in this Staff Report; and, to transmit all approved petitions to the Florida
Department of Community Affairs.
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9/13/2011 Item 8.C.
Agenda Items 9.1), F, G, H
Prepared By:
Date:
David Weeks, AICP, GMP Manager
Comprehensive Planning Section
Reviewed By:
Date:
Michael Bosi, AICP, Planning Manager
Comprehensive Planning Section
Reviewed By:
Date:
William D. Lorenz, Jr., P.E., Director
Land Development Services Department
Approved By:
Date:
Nick Casalanguida, Deputy Administrator
Growth Management Division /Planning & Regulation
COLLIER COUNTY PLANNING COMMISSION:
MR. MARK STRAIN, CHAIRMAN
2010 cycle GMPAs -Adoption (petitions CP- 2008 -1; CP- 2010 -1; CPSP- 2010 -2; CPSP- 2010 -5).
Staff Report for July 21, 2011 CCPC hearing.
NOTE: This cycle of petitions has been scheduled for the September 13, 2011 BCC hearing.
CCPC Staff Report Adoption 2010 cycle GMPAs & CP- 2008 -1
GAMES Planning ServiceslComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendments12009 -2010 Combined Cycles petitions12010
Cycle PetitionslCCPC Adoption dw/7 -1 -11
7
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9/13/2011 Item 8.C.
Item VIII.A.
CO keo-��-r Ca-t4l Lr-y
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF July 6, 2011
I. NAME OF PETITIONER/PROJECT
Petition No.: CPSP- 2010 -2
Petition Name: Amendment to the Future Land Use Map Series — Wellhead Protection Areas
and Proposed Wellfields and ASRs Map (Comprehensive Plan Map
Amendment initiated by the Collier County Pollution Control and Prevention
Dept.) [Adoption Hearing]
Applicant; Collier County
II. LOCATION:
This petition does not pertain to a specific property.
M. BACKGROUND and PROJECT DESCRIPTION:
This is the Adoption review of that portion of the Growth Management Plan Amendment
petition CPSP- 2010 -2 that was previously reviewed by the EAC at Transmittal. The petition is
part of the 2009 -2010 combined cycles of GMP amendments, including one 2008 cycle ^
petition. The petition seeks to amend the Wellfields Map based upon the most recent
hydrologic modeling report prepared in 2010.
Transmittal hearings on this amendment were held on December 1, 2010 (EAC), December 16,
2010 and January 20, 2011 (CCPC, Collier County Planning Commission), and on March 22,
2011 (BCC, Board of County Commissioners). The respective Transmittal
recommendations /actions are presented below. Included in the EAC binder for this petition are
the following documents: (a) existing Wellhead Protection Areas Map; (b) EAC staff report
from the Transmittal hearing, which provides more explanation and staff analysis;
(c) Hydrologic Modeling Report; (d) Ordinance with Exhibit A, the proposed Wellhead
Protection Areas Map.
Transmittal Recommendations:
STAFF: Transmit to DCA.
EAC: Transmit to DCA (vote: 3 -0).
CCPC: Transmit to DCA (vote: 9/0), with requirement that the City of Marco Island — Marco
Lakes water reservoir be added to the map (located in the northeast quadrant of US -41 East/
Collier Boulevard intersection).
BCC ACTION: Transmit to DCA (vote: 510), per CCPC recommendation.
Florida Department of Community Affairs ORC Report:
After review of Transmitted GNP amendments, the Florida Department of Community Affairs
(DCA) renders an Objections, Recommendations and Comments (ORC) Report. Only
Objections can form the basis of a non - compliance determination, unless the adopted
amendments vary significantly from those transmitted. If an Objection is not adequately
addressed when adopted, then the DCA may (presumably will) find the amendment to be "Not
Packet Page -203-
9/13/2011 Item 8.C.
Item VIII.A.
in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such
noncompliance.
In its June 3; 2011 ORC Report for the 2009 -2010 combined cycles of GNP amendments,
DCA offered no Obiections, Recommendations or Comments relevant to petition CPSP - 2010 -2
presented for EAC review. Additionally, all other state and regional review agencies offered no
comments /objections relevant to this petition.
Consideration of this proposed amendment at this EAC meeting was duly advertised in the
Naples Daily News as required by Conservation and Coastal Management Element (CCME)
Policy 3.3.2.
IV. GROWTH MANAGEMENT PLAN CONSISTENCY:
This is a proposed amendment to the Future Land Use Map series. It is required to be
periodically revised, as necessary, pursuant to Objective 1 of the Natural Groundwater and
Aquifer Recharge Sub - Element and subsequent policies, and Objective 3.3 of the Conservation
and Coastal Management Element and subsequent policies.
V. COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for petition CPSP- 2010 -2, Wellhead
Protection Areas and Proposed Wellfields and ASRs Map, dated June 16, 2011. — STW
VI. RECOMMENDATION:
That the EAC recommend approval of petition CPSP - 2010 -2, proposed amendment to the
Wellhead Protection Areas and Proposed Wellfields and ASRs Map.
Prepared By:
Date: &A- A
David Weeks, AICP, GMP Manager
Comprehensive Planning Section, Land Development Services Department
1,
Reviewed By: x `'i z - - u: ' Date:
illiam D. Lorenz-,'Jr., P_E 'Director
Land Development Services Department
Approved By: r13ate:
Ni salanguida, Dglklty mistrator
Growth Management Division/Plamiing and Regulation
Staff Report for July 6, 2011 EAC hearing.
EAC Staff Report CPSP- 2010 -2 Wellfield Map — Adop6on2
WCDES Planning Services \Comprehensive \COMP PLANNING GMP DAWComp Plan Amendments\2009 -2010 Combined Cycles petitions\2010 Cycle
PetitionshCPSP- 2010 -2 batchtEAC Adoption dw16 -1411
2
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9/13/2011 Item 8.C.
ORDINANCE NO. 2011-
AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN
AMENDMENT, SPECIFICALLY AMENDING THE GOLDEN
GATE AREA MASTER PLAN, INCLUDING THE GOLDEN
GATE AREA MASTER PLAN FUTURE LAND USE MAP AND
MAP SERIES TO CREATE THE ESTATES SHOPPING CENTER
SUBDISTRICT, AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORDIA DEPARTMENT OF ECONOMIC OPPORTUNITY,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, 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, D. Wayne Arnold of Q. Grady Minor and Associates, and Richard
Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. requested an amendment to the
Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and
Map Series to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000
square feet of commercial uses of the C -1 through C -3 zoning districts, with exceptions, and
some uses of the C -4 and C -5 zoning districts with a requirement to construct a grocery store for
property located on the north side of Golden Gate Boulevard extending from Wilson Boulevard
west to 3`a Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of
40.62± acres; and
Words sic- thfeugh are deletions; words underlined are additions 1
* * * *indicate page breaks * * **
Petition No. CP- 2008 -1
Rev. 8/09/11
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n
n
9/13/2011 Item 8.C.
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map and Map Series to
the Growth Management Plan and transmitted its findings in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Golden
Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series
to the Growth Management Plan on September 13, 2011; 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
meetings of the Collier County Planning Commission held on July 21, 2011, and August 4, 2011
and the Collier County Board of County Commissioners held on September 13,2011; and
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
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 Golden
Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series
in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments
are attached hereto as Exhibit "A" and are incorporated by reference herein.
Words str-uek Qaough are deletions; words underlined are additions
* * * *indicate page breaks * * **
Petition No. CP- 2008 -1
Rev. 8/09/11
Packet Page -206-
2
9/13/2011 Item 8.C.
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 , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko t iii
Assistant County Attorney
Section Chief, Land Use /Transportation
CP \11 -CMP- 00793\31
Words str-aek thr--.ug are deletions; words underlined are additions
* * *
*indicate page breaks
Petition No. CP- 2008 -1
Rev. 8 /09/11
Packet Page -207-
3
Exhibit A
GOLDEN GATE AREA MASTER PLAN
Policy 1.1.2:
9/13/2011 Item 8.C.
CP- 2008 -1
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
B. ESTATES — COMMERCIAL DISTRICT
1. Interchange Activity Center Subdistrict
2. Pine Ridge Road Mixed Use Subdistrict
3. Randall Boulevard Commercial Subdistrict
4. Commercial Western Estates lnfill Subdistrict
5. Golden Gate Estates Commercial Infill Subdistrict
6. Estates Shopping Center Subdistrict
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
B. Estates — Commercial District
[Page 4]
6. Estates Shopping Center Subdistrict — Recognizing the need to provide for
centrally located basic goods and services within a portion Northern Golden Gate
Estates, the Estates Shopping Center Subdistrict has been designated on the Golden
Gate Area Future Land Use Map
The Subdistrict is located at the NW comer of Golden Gate Boulevard and Wilson
Boulevard westward to 3`d Street NW and extending northward to include the southern
180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit
11 of Golden Gate Estates totaling approximately 41 acres
The Estates Shopping Center Subdistrict is intended to provide convenient shopping,
Personal services and employment for the central areas of Northern Golden Gate
Estates. Commercial development in this Subdistrict will reduce driving distances for
many residents, assist in minimizing the road network required and reduce traffic
impacts in this area of Collier County.
All development in this Subdistrict shall comply with the following requirements and
limitations:
a. Allowable Uses shall be limited to the following:
1. Amusement and recreation
Groups 7911— Dance studios schools and halls excluding discotheques
7991 — Physical fitness facilities
Words underlined are added; words stFUslceugl:v are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
Packet Page -208-
1
9/13/2011 Item 8.C.
CP- 2008 -1
7999 — Amusement and recreation services, not elsewhere classified,
allowing only day camps, gymnastics instruction, iudo /karate
instruction, sporting goods rental and yoga instruction
Apparel and accessory stores (no adult oriented sales
Groups 5611 — Men's and boys' clothing and accessory stores
5621 —Women's clothing stores
5632 — Women's accessory and specialty stores
5641 — Children's and infants' wear stores
5651 — Family clothing stores
5661 — Shoe stores
5699 — Miscellaneous apparel and accessory stores
3. Automotive dealers and gasoline service stations
Groups 5531 — Auto and home supply stores
4. Automotive repair, services and parking (No outdoor repair /service. All
repairs /services to be performed by authorized automotive technician.)
Groups 7514 — Passenger car rental
5. Building materials, hardware, garden supply, and mobile home dealers
Groups 5231 — Paint, glass, and wallpaper stores
5251 — Hardware stores
5261 — Retail nurseries, lawn and garden supply stores
6. Business services
_Groups 7334 — Photocopying and duplicating services
7335 — Commercial photography
7336 — Commercial art and graphic design
7338 — Secretarial and court reporting services
7342 — Disinfecting and pest control services
7352 — Medical equipment rental and leasing
7359—Equipment rental and leasing, not elsewhere classified,
excluding the following uses: airplane rental and leasing; coin
operated machine rental and leasing: industrial truck rental and
leasing; oil field equipment rental and leasing; oil well drilling
equipment rental; leasing; toilets, portable — rental and leasing;
and vending machines — rental only
7371 — Computer programming services
7372 — Prepackaged software
7373 — Computer integrated systems design
7374 —Computer processing and data preparation and processing
services
7375 — Information retrieval services
7376 — Computer facilities management services
7379 — Computer related services, not elsewhere classified
7382 — Security systems services
7383 — News syndicates
7384 — Photofinishing laboratories
7389 — Business services, not elsewhere classified 10—N,
Words underlined are added; words stFUGk thmugh are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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n 7. Communications
Groups 4812 — Radiotelephone communications
4841— Cable and other pay television services
n
9/13/2011 Item 8.C.
CP- 2008 -1
8. Construction special trade contractors (office use only, no on -site materials or
equipment storage)
Groups 1711 — Plumbing heating and air - conditioning
1721 — Painting and paper hanging industry
1731 — Electrical work industry
1741 — Masonry, stone setting and other stone work
1742 — Plastering, drywall acoustical and insulation work
1743 — Terrazzo, tile, marble and mosaic work industry
1751 — Carpentry work
1752 — Floor laving and other floor work not elsewhere classified
industry
1761 — Roofing, siding, and sheet metal work industry
1771 — Concrete work industry
1781 — Water well drilling industry
1791 — Structural steel erection
1793 — Glass and glazing work
1794 — Excavation work
1795 — Wrecking and demolition work
1796 — Installation or erection of building equipment not elsewhere
1799 — Special trade contractors not elsewhere classified
9. Depository institutions
Groups 6021 — National commercial banks
6022 — State commercial banks
6029 — Commercial banks, not elsewhere classified
6035 — Savings institutions federally chartered
6036 — Savings Institutions, not federally chartered
6061 — Credit unions, federally chartered
6062 — Credit unions, not federally chartered
6091 — Non - deposit trust facilities
6099 — Functions related to depository banking, not elsewhere classified
10. Eating and drinking places (Group 5812 including only liquor service accessory to
the restaurant use, no outdoor music or televisions and no windows or walls
open to the outside, except as required by code)
11. Enaineerng, accounting research management and related services
Groups 8711 — Engineering services
8712 — Architectural services
8713 — Surveying services
8721 —Accounting, auditing and bookkeeping services
8741 — Management services
8742 — Management consulting services
8743 — Public relations services
8748— Business consulting services not elsewhere classified
Words underlined are added; words StFUGk thrGugh are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CP- 2008 -1
12. Executive. leaislative, and general qovernment, except finance
Groups 9111— Executive offices
9121 — Legislative bodies
9131 — Executive and legislative offices combined
9199 — General government, not elsewhere classified
13. Food stores
Groups 5411 — Grocery stores (minimum 27,000 square feet)
5421 — Meat and fish (seafood) markets, including freezer
provisioners
5431 — Fruit and vegetable markets
5441 — Candy, nut, and confectionery stores
5451 — Dairy products stores
5461 — Retail bakeries
5499 — Miscellaneous food stores, including convenience stores with
fuel pumps and carwash
14. General merchandise stores
Groups 5311 — Department stores
5331 — Variety stores
5399 — Miscellaneous aeneral merchandise stores
15. Home furniture, furnishinas. and eauioment stores
Groups 5712 — Furniture stores
5713 — Floor covering stores
5714 — Drapery, curtain, and upholstery stores
5719 — Miscellaneous home furnishings stores
5722 — Household appliance stores
5731 — Radio. television. and consumer electronics stores
5734 — Computer and computer software stores
5735 — Record and prerecorded tape stores (no adult oriented sales)
5736 — Musical instrument store
16. Insurance carriers
G_ roups 6311 —Life insurance
6321 —Accident and health insurance
6324 — Hospital and medical service plans
6331 — Fire, marine, and casualty insurance
6351 — Surety insurance
6361 — Title insurance
6371 — Pension, health and welfare funds
6399 — Insurance carriers, not elsewhere classified
6411 — Insurance agents
17. Justice, public order and safety
Groups 9221 — Police protection
9222 — Legal counsel and prosecution
9229 — Public order and safety, not elsewhere classified
Words underlined are added; words StFUGk thmugh are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CP- 2008 -1
18. Meeting and banquet rooms
19. Miscellaneous retail (no adult_ oriented sales
Groups 5912 — Drugstores and proprietary stores
5921 — Liquor stores (accessory to grocery or pharmacy only)
5932 — Used merchandise stores
5941 — Sporting goods stores and bicycle shops
5942 — Book stores
5943 — Stationery stores
5944 — Jewelry stores, including repair
5945 — Hobby, toy, and game shops
5946 — Camera and photographic supply stores
5947 — Gift, novelty and souvenir shops
5948 — Luggage and leather goods stores
5949 — Sewing needlework and piece goods stores
5992 — Florists
5993 — Tobacco stores and stands
5994 — News dealers and newsstands
5995 — Optical goods stores
5999— Miscellaneous retail stores not elsewhere classified (excluding
gravestone, tombstones, auction rooms monuments swimming
pools, and sales barns)
20. Non - depository credit institutions
Groups 6111 — Federal and federally- sponsored credit agencies
6141 — Personal credit institutions
6153 — Short-term business credit institutions except agricultural
6159 — Miscellaneous business credit institutions
6162 — Mortgage bankers and loan correspondents
6163— Loan brokers
21. Offices and clinics of dentist (Group 8021)
22. Personal services
Groups 7212 — Garment pressing and agents for laundries and drycleaners
7221 — Photographic studios portrait
7231 — Beauty shops
7241 — Barber shops
7251 — Shoe repair shops and shoeshine parlors
7291 — Tax return preparation services
7299 — Miscellaneous personal services not elsewhere classified
excluding massage parlors, Turkish baths and escort services
23. Public finance, taxation and monetary policy (Group 9311)
24. Real Estate
Groups 6512 — Operators of nonresidential buildings
6513 — Operators of apartment buildings
Words underlined are added; words stFUsk through are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CP- 2008 -1
6514 — Operators of dwellings other than apartment buildings �
6515 — Operators of residential mobile home sites
6517 — Lessors of railroad property
6519 — Lessors of real property, not elsewhere classified
6531 — Real estate agents and managers
6541 — Title abstract offices
6552 — Land subdividers and developers, except cemeteries
25. Schools and educational services, not elsewhere classified (Group 8299)
26. Security and commoditv brokers. dealers. exchanaes. and services
Groups 6211 — Security brokers, dealers, and flotation companies
6221 — Commodity contracts brokers and dealers
6231 — Security and commodity exchanges
6282 — Investment advice
6289 — Services allied with the exchange of securities or commodities,
not elsewhere classified
27. Social services
Groups 8322 — Individual and family social services (adult day care centers
only)
8351 — Child day care services
28. Travel agencies (Group 4724)
29. Veterinary services for animal specialties (Group 0742, excluding outside kenneling)
30. Video tape rental (Group 7841, excluding adult oriented sales and rentals)
31. United states postal service (Group 4311, excluding major distribution centers)
32. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ")
by the process outlined in the LDC.
b. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
a. _ Utility buildinqs (including water and wastewater plants) which shall be enclosed
b. Essential service facilities
c. Gazebos, statuary and other architectural features
d. Utilities, water and wastewater facilities and /or plants (all processing plants must
be enclosed)
e. Alcohol service for outdoor dining shall only be accessory to food service
Words underlined are added; words stFUc-k thmug# are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CP- 2008 -1
c. Operational Standards
1. Outdoor music is prohibited
d. The following uses shall be prohibited:
1. Amusement and recreation services not elsewhere classified (Group 7999 except
those uses expressly listed above in a.1 are permitted)
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 — Radio television and publishers' advertising representatives
7331 — Direct mail advertising services
4. Correctional Institutions (Group 92231
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 — Elementary and secondary schools
8221 — Colleges, universities and professional schools
8222 — Junior colleges and technical institutes
8231 — Libraries
7. Health services
Groups 8062 — General medical and surgical hospitals
8063 — Psychiatric hospitals
8069 — Specialty hospitals except psychiatric
8. Miscellaneous Retail
Groups 5921 — Liquor stores
5961 — Catalog and mail -order houses
5962 — Automatic merchandising machine operators
9. Personal services
Groups 7211 — Power Laundries family and commercial
7261 — Funeral service and crematories
10. Social services
Groups 8322 — Individual and family social services excluding adult day care
centers
_8361— Residential care including soup kitchens and homeless
shelters
Words underlined are added; words st-r�sl # are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CP- 2008 -1
e Development intensity shall be limited to 190,000 square feet of gross leasable floor
area.
f. No commercial use shall exceed fifteen thousand (15,000) square feet, except for a
single grocery store use between twenty -seven thousand (27,000) and sixty thousand
(60,000) square feet in size, a single commercial use of up to thirty thousand (30,000)
square feet in size, and a single commercial use of up to twenty thousand (20,000)
square feet in size.
g. No building may exceed 30,000 square_ feet in size, except for the grocery anchored
building with inline stores.
h. Development within this Subdistrict shall be phased and the following commitments
related to area roadway improvements shall be completed within the specified
timeframes:
1. Right -of -Way for Golden Gate Boulevard Expansion and Right -of -Way for the Wilson
Boulevard Expansion will be donated to the County at no cost within 120 days of a
written request from the County.
2. The owner will pay its fair share for the intersection improvements at Wilson
Boulevard and Golden Gate Boulevard within 90 days of County request for
reimbursement.
3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard
are complete, the County shall not issue a Certificate(s) of Occupancy (CO) for more
than 100,000 square feet of development. The applicant must obtain a C.O. for a
grocery store as part of this 100,000 square feet, and the grocery store must be the
first C.O. obtained.
L Rezoning is encouraged to be in the form of a Planned Unit Development (PUD), and
the rezone ordinance must contain development standards to ensure that all commercial
land uses will be compatible with neighboring residential uses.
This subdistrict includes a conceptual plan. which identifies the location of the permitted
development area and required preserve area for this subdistrict. The preserve area
depicted on the conceptual plan shall satisfy all comprehensive plan requirements for
retained native vegetation, including but not limited to the requirements of Policy 6.1.1 of
the CCME. A more detailed development plan must be developed and utilized for the
required PUD rezonin
i. Development standards, including permitted uses and setbacks for principal buildings
shall be established at the time of PUD rezoning. Any future PUD rezone shall include at
a minimum:
(1) Landscape buffers adjacent to external rights -of -way shall be:
• 1"/3rd Streets- Minimum 30' wide enhanced buffer
• Wilson Boulevard- Minimum 25' wide enhanced buffer n
• Golden Gate Boulevard- Minimum 50' wide enhanced buffer
Words underlined are added; words stru& through are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CP- 2008 -1
(2) Except for the utilitv building no commercial building may be constructed within 125
feet of the northern property boundary and within 300' of the 3rd Street NW boundary of
this subdistrict.
(3) Any portion of the Proiect directly abutting residential property (property zoned E
Estates and without an approved conditional use) shall provide at a minimum,- a
seventy -five (75) feet wide buffer except the westernmost 330' of Tract 106 which shall
Provide a minimum 20' wide buffer in which no parking uses are permitted Twenty five
25 feet of the width of the buffer along the developed area shall be a landscape buffer.
A minimum of fifty (50) feet of the buffer width shall consist of retained or re planted
native vegetation and must be consistent with subsection 3.05.07.1-1 of the Collier
County Land Development Code (LDC) The native vegetation retention area may
consist of a perimeter berm and be used for water management detention Any newly
constructed berm shall be revegetated to meet subsection 3.05.07.1-1 of the LDC (native
vegetation replanting requirements) Additionally, in order to be considered for
approval, use of the native vegetation retention area for water management purposes
shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being retained The
additional water directed to this area shall not increase the annual hydro- period
unless it is proven that such would have no adverse impact to the existing
vegetation.
b. If the project requires permitting by the South Florida Water Management District
the project shall provide a letter or official document from the District indicating that
the native vegetation within the retention area will not have to be removed to comply
with water management requirements If the District cannot or will not supply such
a letter, then the native vegetation retention area shall not be used for water
management.
c. If the project is reviewed by Collier County, the developer's engineer shall provide
evidence that no removal of native vegetation is necessary to facilitate the
necessary storage of water in the water management area
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
A. Estates Mixed Use District
[Page 27]
2) Neighborhood Center Subdistrict — Recognizing the need to provide basic
goods, services and amenities to Estates residents, Neighborhood Centers have been
designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center
designation does not guarantee that commercial zoning will be granted. The designation
only provides the opportunity to request commercial zoning.
a) The Collier County Land Development Code shall be amended to provide rural design
criteria to regulate all new commercial development within Neighborhood Centers.
b) Locations
Neighborhood Centers are located along major roadways and are distributed within
Golden Gate Estates according to commercial demand estimates, (See Map 9). The
centers are designed to concentrate all new commercial zoning, and conditional uses, as
allowed in the Estates Zoning District, in locations where traffic impacts can be readily
Words underlined are added; words StFUGk through are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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01
9/13/2011 Item 8.C.
CP- 2008 -1
accommodated and to avoid strip and disorganized patterns of commercial and
conditional use development. Four Neighborhood Centers are established as follows:
Wilson Boulevard and Golden Gate Boulevard Center.
This center consists of all feuf three quadrants at the intersection of Wilson and Golden
Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of
Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden
Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is
approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected
and share access to Golden Gate Boulevard and Wilson Boulevard to minimize
connections to these two major roadways. The SE quadrant of Wilson and Golden Gate
Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates
2.15 acres to project buffering and right -of -way for Golden Gate Boulevard and Wilson
Boulevard. The NVV quad-rant of }ho C— re ann rev imate y I 98 aGFe in size nnr
nnn606te of T-Fa Gt 144 Unit 9 9 of Gelde.p r-a +o EStOtes The SW quadrant of the Center
is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate
Estates.
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
FUTURE LAND USE MAP SERIES
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
Golden Gate Parkway Institutional Subdistrict
Mission Subdistrict
Estates Shopping Center Subdistrict
Estates Shopping Center Subdistrict Conceptual Plan
10
Words underlined are added; words stFuGk thMug4 are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
n ORDINANCE NO. 2011-
AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN
AMENDMENT, SPECIFICALLY AMENDING THE FUTURE
LAND USE ELEMENT TO CHANGE THE SQUARE FOOT
LIMITATION IN THE VANDERBILT BEACH ROAD
NEIGHBORHOOD COMMERCIAL SUBDISTRICT FOR
CERTAIN USES AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.316 1, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
n 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, D. Wayne Arnold of Q. Grady Minor and Associates, and Richard D.
Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. requested an amendment to the
Future Land Use Element of the Growth Management Plan, to modify the language of the
Vanderbilt Beach Road Neighborhood Commercial Subdistrict to allow for a
grocery /supermarket, physical fitness facility, craft/hobby store, home furniture /furnishing store
and department store use to exceed the 20,000 square feet limitation for a single commercial use,
up to a maximum of 50,000 square feet, for Parcel 1 (9.2± acres, zoned Bradford Square MPUD)
only, and with the overall maximum development limitation of 100,000 square feet of
commercial land uses on Parcel 1 to remain; the subject portion of the Subdistrict portion of the
Words staslchretigk are deletions; words underlined are additions, 1
* * * * indicate page breaks*
Petition No. CP- 2010 -1
Rev. 8/09/11
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9/13/2011 Item 8.C.
Subdistrict is located at the northeast corner of Vanderbilt Beach Road and Livingston Road, in
Section 31, Township 48 South, Range 26 East; and
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Future Land Use Element to the Growth Management Plan and transmitted its findings in writing
to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Future
Land Use Element to the Growth Management Plan on September 13, 2011; 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
meetings of the Collier County Planning Commission held on July 21, 2011 and August 4, 2011,
and the Collier County Board of County Commissioners held on September 13, 2011; 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 the amendment to the Future Land
Use Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the
amendments are attached hereto as Exhibit "A" and are incorporated by reference herein.
Words stfuelE thr-eugh are deletions; words underlined are additions, 2
* * * * indicate page breaks*
Petition No. CP- 2010 -1
Rev. 8 /09/11
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rldmill
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9/13/2011 Item 8.C.
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 , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
WIN
, Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency:
\111
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
CP \10- CMP- 00782\26
Words struck thfou are deletions; words underlined are additions, 3
* * * * indicate page breaks*
Petition No. CP- 2010 -1
Rev. 8/09/11
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9/13/2011 Item 8.C.
Exhibit A
CP- 2010 -1
I. URBAN DESIGNATION
A. Urban Mixed Use District
[Page 44]
16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict
The purpose of this Subdistrict is to provide primarily for neighborhood commercial
development at a scale not typically found in the Mixed Use Activity Center Subdistrict.
The intent is to provide commercial uses to serve the emerging residential development
in close proximity to this Subdistrict, and to provide employment opportunities for
residents in the surrounding area. Allowable uses shall be a variety of commercial uses
as more particularly described below, and mixed use (commercial and residential).
Prohibited uses shall be gas stations and convenience stores with gas pumps, and
certain types of fast food restaurants.
This Subdistrict consists of two parcels comprising approximately 17 acres, located on
the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the
Subdistrict Map. For mixed -use development, residential density shall be limited to
sixteen dwelling units per acre. Residential density shall be calculated based upon the r
gross acreage of the Subdistrict parcel on which it is located (Parcel 1 or Parcel 2).
Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a
PUD, Planned Unit Development. At the time of rezoning, the applicant must include
architectural and landscape standards for each parcel.
a. Parcel 1
This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road.
A maximum of 100,000 square feet of gross leasable floor area for commercial uses
may be allowed. Allowable uses shall be the following, except as prohibited above:
retail, personal service, restaurant, office, and all other uses as allowed, whether by right
or by conditional use, in the C -1 through C -3 zoning districts as set forth in the Collier
County Land Development Code, Ordinance 04 -41, as amended, in effect as of the date
of adoption of this Subdistrict (Ordinance No. 2005 -25 adopted on June 7, 2005); other
comparable and /or compatible land uses not found specifically in the C -1 through C -3
zoning districts, limited to: general and medical offices, government offices, financial
institutions, personal and business services, limited indoor recreational uses, and limited
retail uses; mixed -use development (residential and commercial uses). The maximum
floor area for any single commercial user shall be 20,000 square feet, except for a
grocery /supermarket, physical fitness facility, craft/hobby store home furniture /furnishing
store, or department store use, which shall not exceed a maximum of 50,000 square
feet.
(Words underlined are added, words stFuGk-#hFough are deleted)
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9/13/2011 Item 8.C.
b. Parcel
This parcel is located approximately '/ mile east of Livingston Road and is adjacent to
multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor
area for commercial uses may be allowed. Allowable uses shall be the following, except
as prohibited above: General and medical offices, community facilities, and business
and personal services, all as allowed, whether by right or by conditional use, in the C -1
through C -3 zoning districts as set forth in the Collier County Land Development Code,
Ordinance 04 -41, as amended, in effect as of the date of adoption of this Subdistrict
(Ordinance No. 2005 -25 adopted on June 7, 2005). The maximum floor area for any
single commercial user shall be 20,000 square feet.
At the time of rezoning of Parcel 2, the developer shall provide restrictions and
standards to insure that uses and hours of operation are compatible with surrounding
land uses. Permitted uses such as assisted living facilities, independent living facilities
for persons over the age of 55, continuing care retirement communities, and nursing
homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio
(FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the
eastern property line, abutting the Wilshire Lakes PUD, at a minimum width of thirty (30)
feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan
for that portion of the property fronting Vanderbilt Beach Road as well as that portion
along the eastern property line, abutting the Wilshire Lakes PUD.
In addition to the prohibited uses applicable to both parcels the following list of uses
shall also be prohibited on Parcel 1
0742 — Veterinary services for Animal Specialties — Horses are prohibited other
animals are allowed
0752 — Animal specialty services except Veterinary (dog grooming is allowed)
5261 — Retail nurseries lawn and garden supply stores
5499 — Poultry dealers — retail and eag dealers — retail
5531 — Auto and home supply store except automobile accessory and parts
dealers — retail (no on -site installation)
5813 — Drinking places (alcoholic beverages)
5921 - Liquor stores exceeding 5,000 square feet
5932 — Uses merchandise stores
5962 — Automatic merchandising machine operators
7211 — Power laundries, family and commercial
7215 — Coin - operated laundries and drvcleaning
7216 — Drycleaning plants except rua cleaning
7.299 — Miscellaneous personal services not elsewhere classified
Coin operated service machine operations
Comfort station operation
Escort service
Locker rental
Massage parlors (except those employing licensed therapists)
Rest room operation
Tattoo parlors
Turkish baths
Wedding chapels privately operated
n
(Words underlined are added, words StFLIGk thmugh are deleted)
Packet Page -222-
9/13/2011 Item 8.C.
7389 — Business services, not elsewhere classified, except Appraisers ^
7623 — Refrigeration and air - conditioning service and repair shops
7629 — Electrical and electronic repair shops, not elsewhere classified
7641 — Re- upholstery and furniture repair
7692 —Welding repair
7694 —Armature rewinding shops
7699 — Repair shops and related services, not elsewhere classified
7841 —Adult oriented video tape rental
7993 — Coin operated amusement devices
8641 — Civic, social and fraternal associations
CCPC Recommendation: Not part of the Subdistrict Text
As a condition of approval, and prior to the adoption of this Growth Management Plan
amendment, the owner shall record in the official land records restrictive covenants for
the benefit of surrounding property owners, including the Orchards, Village Walk,
Tiburon at Pelican Marsh and Wilshire Lakes, that will prohibit the prohibited uses
contained within the Subdistrict.
(Words underlined are added, words StFUGk thFOUgh are deleted)
Packet Page -223-
9/13/2011 Item 8.C.
ORDINANCE NO. 20 i l -
AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR:
AMENDMENTS, SPECIFICALLY AMENDING THE FUTURE
LAND USE ELEMENT AND FUTURE LAND USE MAP AND
MAP SERIES, AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTION AMENDMENTS TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
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 staff requested amendments to the Future Land Use Element
and Future Land Use Map and Map Series to modify the Bayshore /Gateway Triangle
Redevelopment Overlay (B /GTRO); modify FLUE Policy 5.1; modify applicability of the Office
and Infill Commercial Subdistrict; update the Wellhead Protection Map; update the Future Land
Use Map and Map Series to reflect annexations and other changes; make Future Land Use Map
(FLUM) Boundary corrections in rural areas; and add clarity, correct date errors, and make other
non - substantive text revisions; and
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Future Land Use Element and Future Land Use Map and Map series to the Growth Management
Words wuek threugh are deletions; words underlined are additions,
* * * * indicate page breaks*
Petition No, CPSP - 2010 -2
Rev. 8/09/11
Packet Page -224-
9/13/2011 Item 8.C.
Plan and transmitted its findings in writing to Collier County within the time provided by law;
and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Future
Land Use Element and Future Land Use Map and Map Series to the Growth Management Plan
on September 13, 2011; 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
meetings of the Collier County Planning Commission held on July 21, 2011 and August 4, 2011,
and the Collier County Board of County Commissioners held on September 13, 2011; and
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
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 and Future Land Use Map and Map Series, in accordance with Section
163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit
"A" and are incorporated by reference herein.
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.
Words strusk thr-eugh are deletions; words underlined are additions, 2
* * * * indicate page breaks*
Petition No. CPSP- 2010 -2
Rev. 8 /09/11
Packet Page -225-
9/13/2011 Item 8.C.
SECTION THREE: EFFECTIVE DATE.
n 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
n
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 , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
CP \10- CMP- 00782\25
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
Words stniek 1 are deletions; words underlined are additions,
* * * *
Petition No. CPSP - 2010 -2 indicate page breaks*
Rev. 8/09/11
Packet Page -226-
3
9/13/2011 Item 8.C.
CPSP- 2010 -2
EXHIBIT "A"
FUTURE LAND USE ELEMENT
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.
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.
d.For pr-apefty t this Element t
�6@ Hier�6- �3�E6i3Siisl =cir�vicrrcrrrsL���zcn c- psii�ciuir to
of t.o hv1vJ ✓.. L4VLLba1 5.1 3, said rrvNvl Ly may eombined and developed with
other pfoper-t5,, whether- sueh other- pfeper-ty is deemed eansistent via those same
poheies o is deemed VV nsisto„t with the F t„ e Land t Designation
Deser-iptien Se£ti6n. For- residential and fpAxed use developments the
aeeumulated density between these p ,.YO.+;es > be distf b,,,ted tl,,...,, L, t the
pr -ejeet eyidea f the De s;t�, Rating System the C o .,l Mixed or-
r__•,_�L, uJ YiV vlu�u for- ul snc°
Use -S istr-iet, as- apphe-able.
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.
Words underlined are added; words str -uek hLce-L are deleted.
Row of asterisks ( * ** * ** * * *) denotes break in text.
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9/13/2011 Item 8.C.
CPSP- 2010 -2
I. URBAN DESIGNATION
A. Urban Mixed Use District
5. Office and In -fill Commercial Subdistrict
The intent of this Subdistrict is to allow low intensity office commercial or infill
commercial development on small parcels within the Urban Mixed Use District
located along arterial and collector roadways where residential development, as
allowed by the Density Rating System, may not be compatible or appropriate.
Lower intensity office commercial development attracts low traffic volumes on
the abutting roadway(s) and is generally compatible with nearby residential and
commercial development. The criteria listed below must be met for any project
utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting"
excludes intervening public street, easement (other than utilities) or right -of -way,
except for an intervening local street; and "commercial" refers to C -1 through C -5
zoning districts and commercial components of PUDs.
a. The subject site is in the Urban -Mixed Use District.
b. The subject site abuts a road classified as an arterial or collector on the Collier
County Functional Class Map, as adopted in the Transportation Element.
c. Arezone to commercial zoning is requested for the subject property in its
entirety, up to a maximum of 12 acres. For a property greater than 12 acres in
size, the balance of the property in excess of 12 acres is limited to an
environmental conservation easement or open space. Under this provision,
"open space" shall not include water management facilities unless said
facilities are incorporated into a conservation or preservation area for the
purpose of enhancement of the conservation or preservation area.
d. The site abuts commercial zoning:
(i) On one side and that abutting commercial site is not within an infill
Subdistrict in the Urban Mixed Use District or the Urban Commercial
District non eommer-eial on t,.,. other- side; or,
(ii) On both sides.
e. The abutting commercial zoning may be in the unincorporated portion of
Collier County or in a neighboring jurisdiction.
f. The depth of the subject property in its entirety, or up to 12 acres for parcels
greater than 12 acres in size, for which commercial zoning is being requested,
does not exceed the depth of the commercially zoned area on the abutting
parcel(s). Where the subject site abuts commercial zoning on both sides, and
the depth of the commercially zoned area is not the same on both abutting
parcels, the Board of County Commissioners shall have discretion in
determining how to interpret the depth of the commercially zoned area which
cannot be exceeded, but in no case shall the depth exceed that on the abutting
property with the greatest depth of commercial area. This discretion shall be
applied on a case -by -case basis.
g. Project uses are limited to office or low intensity commercial uses if the
subject property abuts commercial zoning on one side only. For property
abutting commercial zoning on both sides, the project uses may include those
n of the highest intensity abutting commercial zoning district.
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9/13/2011 Item 8.C.
CPSP- 2010 -2
h. The subject property in its entirety was not created to take advantage of this
provision, evidenced by its creation prior to the adoption of this provision in
the Growth Management Plan on October 28, 1997.
i. For those sites that have existing commercial zoning abutting one side only:
(i) commercial zoning used pursuant to this Subdistrict shall only be applied
one time and shall not be expanded, except for aggregation of additional
properties so long as all other criteria under this Subdistrict are met; and,
(ii) uses shall be limited so as to serve as a transitional use between the
commercial zoning on one side and non - commercial zoning on the other
side.
j. For those sites that have existing commercial zoning abutting both sides,
commercial zoning used pursuant to this Subdistrict shall only be applied one
time and shall not be expanded, except for aggregation of additional properties
so long as all other criteria under this Subdistrict are met.
k. Lands zoned for support medical uses pursuant to the "1/4 mile support
medical uses" provision in the Urban designation shall not be deemed
"commercial zoning" for purposes of this Subdistrict.
., For- pr-e pazzae
the Urban Mixed Use Distr-ie4 or- in the Urban Commer-eial Distr-iet, Saia
een:ffner-eial zoning shall not qualify to eause the abutting pr-epeftyfs)-ta
t,°,.,,me eligible for eenuner-eial zoning under- this nomee and infil
m: 1. Land adjacent to areas zoned C -1 /T on the zoning atlas maps, or other ^
commercial zoning obtained via the former Commercial Under Criteria
provision in the FLUE, shall not be eligible for a rezone under the Office and
Infill Commercial Subdistrict, except through aggregation as provided in
Paragraphs i. and j. above.
n m. For purposes of this Subdistrict, property abutting land zoned Industrial or
Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the
Business Park Subdistrict, or abutting lands zoned for Research and
Technology Park uses pursuant to the Research and Technology Park
Subdistrict, shall also qualify for commercial zoning so long as all other
criteria under the Office and Infill Commercial Subdistrict are met.
e. n. At time of development, the project will be served by central public water
and sewer.
p-. o. The project will be compatible with existing land uses and permitted
future land uses on surrounding properties.
9= p The maximum acreage eligible to be utilized for the Office and Infill
Commercial Subdistrict within the Urban Mixed Use District is 250 acres.
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9/13/2011 Item 8.C.
CPSP- 2010 -2
n H. AGRICULTURAL/RURAL DESIGNATION
B. Rural Fringe Mixed Use District
1. Transfer of Development Rights (TDR), and Sending, Neutral, and
Receiving Designations
C) Sending Lands
7. Permitted Uses:
f) Essential Services necessary to serve permitted uses identified in
Section ) 7.a through e} 7 eI such as the f ellewingL private
wells and septic tanks; utility lines „xeept sewer- lines; lines
and lift stations, only if lee + a within NRPIASeading Lands,
rights of-way or- -easements, aii'ld if neeessary to serve the °P�ufaj
neeessafy ua u
g) Essential Services as follows necessary to serve Urban areas or the
Rural Transition Water and Sewer District: utility lines except
sewer lines: sewer lines and lift stations only if located within
�`. non -NRPA Sending Lands and only if located within already
cleared portions of existing rights -of -way or easements' and water
pumping stations and raw water wells
g} W Essential Services necessary to ensure public safety.
h) i) Oil and gas exploration. Where practicable, directional- drilling
techniques and /or previously cleared or disturbed areas shall be
utilized to minimize impacts to native habitats.
II. CONSERVATION DESIGNATION
The following uses are authorized in this Designation.
h. Essential Services necessary to serve permitted uses identified in Section a through g
above such as the follewingt private wells and septic tanks; utility lines, exeept sewer
lines; sewer- lines and lift stations, only if leeatedwithin non NRP-A Censer-Nutie
Lands, and only if leeat a within already ell a poftions F existing ht of way of sewer- system pfeviding ser-N4ee te tifban areas an&ef the Rural T-fansition Water- ang
Se wer- > and,
ately owned eeRtfal water system pfeNiding sefviee to tifban areas an&ef
�\
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9/13/2011 Item 8.C.
CPSP- 2010 -2
i. Essential Services as follows, necessary to serve Urban areas or the Rural Transition
Water and Sewer District: utility lines, except sewer lines; sewer lines and lift
stations, only if located within non -NRPA Conservation Lands, and only if located
within already cleared portions of existing rights -of -way or easements, and if
necessary to serve a publicly owned or privately owned central sewer system
providing service to urban areas and /or the Rural Transition Water and Sewer District;
and, water pumping stations and raw water wells necessary to serve a publicly owned
or privately owned central water system providing service to urban areas and/or the
Rural Transition Water and Sewer District.
1 Essential Services necessary to ensure public safety.
k k. Oil extraction and related processing. Where practicable, directional - drilling
techniques and/or previously cleared or disturbed areas shall be utilized to minimize
impacts to native habitats.
The following uses may be permitted as Conditional Uses:
a) The following uses are conditionally permitted subject to approval through a public
hearing process:
(1) Essential services not identified above in Paragraph h., i. and i-.1 Within one
year, Collier County will review essential services currently allowed in the Land
Development Code and will define those uses intended to be conditionally
permitted in Conservation designated lands. During this one -year period or if
necessary until a comprehensive plan amendment identifying conditionally
permitted essential services, no conditional uses for essential services within
Conservation designated lands shall be approved.
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 Mar-eh 14 2 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 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 or more zoning overlays 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; ply hotel/motel use; theatrical producers (except motion picture), bands, n
orchestras, and entertainers: and, uses as may be allowed by pplicable FLUE
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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.
4.
Properties with access to US -41 East are allowed a maximum density of 12
residential units per acre. 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" 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 units per acre. 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 must comply with the
standards identified in Paragraph #8, below. 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.
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. A
zoning overlay may be developed for these properties within the Mixed Use Activity
Center to provide specific development standards.
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 such time as a zoning overlay is adopted which may limit
such uses, densities and development standards.
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9/13/2011 Item 8.C.
CPSP- 2010 -2
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 standards:
a. Buildings containing only commercial uses are limited to a maximum height of
three stories.
b. Buildings containing only residential uses are limited to a maximum height of
three stories except such buildings are allowed a maximum height of four stories
if said residential buildings are located in close proximity to US -41.
c. Buildings containing mixed use (residential uses over commercial uses) are
limited to a maximum height of four stories.
d. Hotels /motels will be limited to a maximum height of four stories.
e. Fef puTeses of this Over-lay, eaeh building ster-y may be up to 14 feet in .
fl. e. For mixed -use buildings, commercial uses are permitted on the first two stories
only.
g. f. Each building containing commercial uses only is limited to a maximum building
footprint of 20,000 square feet gross floor area.
1-: g. One or more zoning overlays may be adopted which may include more
restrictive standards than listed above in Paragraphs " as =f.
9. For all properties outside of the Coastal High Hazard Area, any eligible density
bonuses, as provided in the Density Rating System, are in addition to the eligible
density provided herein. However, for properties within the Coastal High Hazard
Area (CHHA), 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. 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, for that portion of the
Overlay lying within the CHHA only. 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.
11. 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.
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent By Policy (5.9, 5.10, 5.11, 5.12)
[no further changes]
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9/13/2011 Item 8.C.
CPSP- 2010 -2
n FUTURE LAND USE MAP (countywide)
• Expand Incorporated Areas to reflect City of Naples annexations of the Collier Park
of Commerce, on west side of Airport- Pulling Road; a portion of the Wilderness
Country Club PUD commercial tract, on east side of Goodlette -Frank Road; and, the
Bridges at Gordon River project, on south side of Golden Gate Parkway.
• Correct South Golden Gate Estates NRPA boundary at US41, Port of the Islands and
at I -75: shift boundary north so it follows 1 -75, follows US41, and follows the south
line of Sections 33, 34, 35, Township 51 South, Range 28 East (so is no longer over
Port of the Islands Urban area).
• Correct Agricultural/Rural boundary near US41 /CR29 /Everglades City: shift
boundary to west to run along CR29, to follow ACSC boundary, and to follow west
Section line of Sections 28 & 33, Township 52 South, Range 29 East; and, shift
boundary to south to follow US41.
• Correct Ag/Rural -RLSA- Conservation boundary along CR850: remove jog along
common line for Sections 8 & 9, Township 46 South, Range 28 East - from near
southeast corner of Section 7, boundary should run along CR850 to the northeast.
• In map legend, add Interchange symbol under Overlays and Special Features and
label: "Interchange."
FUTURE LAND USE MAP — MAP SERIES
Activity Center Index Map.
Revise Activity Center #18 boundary to match the boundary on Activity Center #18 Map,
to reflect prior expansion in southeast quadrant. Revise Activity Center #14 boundary to
reflect City of Naples annexation of the Bridges at Gordon River project, in southeast
quadrant. Revise City of Naples boundary to reflect City of Naples annexations of Hole -
in- the -Wall Golf Club, on east side of Goodlette -Frank Road; and, Collier Park of
Commerce, on west side of Airport- Pulling Road.
All Activity Center Maps.
Revise to update underlying map features — zoning, lot /parcel creation, street names, etc.
— and to reflect parcel development and generalized building footprints.
Activity Center #12 Map.
Revise City of Naples boundary to reflect City of Naples annexations of Moorings Park,
on east side of Goodlette -Frank Road; and, a church zoned RSF -4, on south side of
Seagate Drive.
Activity Center #14 Map.
Revise Activity Center #14 boundary to reflect City of Naples annexation of the Bridges
at Gordon River project, in southeast quadrant. Revise City of Naples boundary to reflect
City of Naples annexation of a portion of Wilderness Country Club PUD commercial
tract, on east side of Goodlette -Frank Road.
Words underlined are added; words strue}} are deleted.
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9/13/2011 Item 8.C.
CPSP- 2010 -2
Map FLUE -10, Consistent by Policy Map. 10—N
Revise City of Naples boundary to reflect City of Naples annexations of the Bridges at
Gordon River project, on south side of Golden Gate Parkway; a church zoned RSF -4, on
south side of Seagate Drive; Hole -in- the -Wall Golf Club, on east side of Goodlette -Frank
Road; and, Collier Park of Commerce, on west side of Airport- Pulling Road.
Rivers and Floodplains Map.
Revise City of Naples boundary to reflect City of Naples annexations of Hole -in- the -Wall
Golf Club, on east side of Goodlette -Frank Road; Collier Park of Commerce, on west
side of Airport- Pulling Road; and, the Bridges at Gordon River project, on south side of
Golden Gate Parkway.
Estuarine Bays Map.
Revise City of Naples boundary to reflect City of Naples annexations of Hole -in- the -Wall
Golf Club, on east side of Goodlette -Frank Road; Collier Park of Commerce, on west
side of Airport- Pulling Road; and, the Bridges at Gordon River project, on south side of
Golden Gate Parkway.
Soils Map.
Revise City of Naples boundary to reflect City of Naples annexations of Hole -in- the -Wall
Golf Club, on east side of Goodlette -Frank Road; Collier Park of Commerce, on west
side of Airport- Pulling Road; and, the Bridges at Gordon River project, on south side of
Golden Gate Parkway.
Existing Commercial Mineral Extraction Sites Map.
Revise City of Naples boundary to reflect City of Naples annexations of Hole -in- the -Wall
Golf Club, on east side of Goodlette -Frank Road; Collier Park of Commerce, on west
side of Airport- Pulling Road; and, the Bridges at Gordon River project, on south side of
Golden Gate Parkway.
Stewardship Overlay Map.
Amend to add additional approved Stewardship Sending Areas (SSAs 10 -15), as required
by Policy 1.6 of the Rural Lands Stewardship Area Overlay, and to correct the boundaries
of SSA 7.
Collier County Wellhead Protection Areas and Proposed Wel fields and ASRs Map
Replace existing map with proposed map that reflects the latest hydrologic modeling, as
required by Objective 1 of the Natural Groundwater Aquifer Recharge Sub - Element and
subsequent policies, and Objective 3.3 of the Conservation and Coastal Management
Element and subsequent policies.
CPSP- 2010 -2 Exhibit A as approved by CCPC 1 -20 -11
G:IComprehensivelCOMP PLANNING GMP DATA1Comp Plan Amendments12009 -2010 Combined Cycles pe6tions12010 Cycle PetitionslCPSP-
2010-2 batchlExhibit A Transmittal CPSP- 2010 -2
dw17 -26 -10 & 9 -24 -10 & 11 -8 -10 & 11 -9 -10
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9/13/2011 Item 8.C.
n ORDINANCE NO. 2011-
AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING
FOR: AN AMENDMENT, SPECIFICALLY AMENDING
THE FUTURE LAND USE ELEMENT AND FUTURE LAND
USE MAP AND MAP SERIES, TO REMOVE IN ITS
ENTIRETY, THE DAVIS BOULEVARD /COUNTY BARN
ROAD MIXED -USE SUBDISTRICT AND FURTHERMORE
RECOMMENDING TRANSMITTAL OF THE ADOPTION
AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
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
/-11 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 Staff requested amendment to the Future Land Use Map and
Future Land Use Map and Map Series to modify the Davis Boulevard /County Barn Road Mixed
Use Subdistrict by deleting the Subdistrict in its entirety; the Subdistict is located at the southeast
corner of Davis Boulevard (SR 84) and County Barn Road in Section 8, Township 50 South,
Range 26 East, containing 22.83± acres; and
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
- Future Land Use Element and Future Land Use Map and Map series, to the Growth Management
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Petition No. CPSP- 2010 -5
Rev. 8/09/11
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9/13/2011 Item 8.C.
Plan and transmitted its findings in writing to Collier County within the time provided by law;
and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Future
Land Use Element and Future Land Use Map and Map Series to the Growth Management Plan
on September 13, 2011; 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
meetings of the Collier County Planning Commission held on July 21, 2011 and August 4, 2011,
and the Collier County Board of County Commissioners held on September 13, 2011; and
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
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 and Future Land Use Map and Map Series in accordance with Section
163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit
"A" and are incorporated by reference herein.
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.
n
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Petition No. CPSP- 2010 -5
Rev. 8/09/11
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9/13/2011 Item 8.C.
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 , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
aw
, Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
CP \11 -CMP- 00792\37
FRED W. COYLE, Chairman
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Petition No. CPSP- 2010 -5
Rev. 8 /09/11
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3
9/13/2011 Item 8.C.
CPSP- 2010 -5
EXHIBIT "A" ^
FUTURE LAND USE ELEMENT
IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
GOAL: TO GUIDE LAND USE DECISION - MAKING SO AS TO ACHIEVE AND MAINTAIN
A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL
PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE
PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE
PLANNING REQUIREMENTS AND LOCAL DESIRES.
OBJECTIVE 1:
Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall
be consistent with designations outlined on the Future Land Use Map. The Future Land Use
Map and companion Future Land Use Designations, Districts and Sub - districts shall be binding
on all Development Orders effective with the adoption of this Growth Management Plan.
Standards and permitted uses for each Future Land Use District and Subdistrict are identified in
the Designation Description Section. Through the magnitude, location and configuration of its
components, the Future Land Use Map is designed to coordinate land use with the natural
environment including topography, soil and other resources; promote a sound economy;
coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and
discourage unacceptable levels of urban sprawl.
Policy 1.1:
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
A. URBAN - MIXED USE DISTRICT
1. Urban Residential Subdistrict
2. Urban Residential Fringe Subdistrict
3. Urban Coastal Fringe Subdistrict
4. Business Park Subdistrict
5. Office and Infill Commercial Subdistrict
6. PUD Neighborhood Village Center Subdistrict
7. Residential Mixed Use Neighborhood Subdistrict
8. Orange Blossom Mixed -Use Subdistrict
9. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict
10. Henderson Creek Mixed -Use Subdistrict
11. Research and Technology Park Subdistrict
12. Buckley Mixed -Use Subdistrict
13. Commercial Mixed Use Subdistrict
44-
45-. 14. Livingston /Radio Road Commercial Infill Subdistrict
41} 15. Vanderbilt Bach Road Neighborhood Commercial Subdistrict
16. Collier Boulevard Community Facility Subdistrict
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
I. URBAN DESIGNATION
1
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CPSP- 2010 -5
Urban designated areas on the Future Land Use Map include two general portions of Collier
County: areas with the greatest residential densities, and areas in close proximity, which have
or are projected to receive future urban support facilities and services. It is intended that Urban
designated areas accommodate the majority of population growth and that new intensive land
uses be located within them. Accordingly, the Urban area will accommodate residential uses
and a variety of non - residential uses. The Urban designated area, which includes Immokalee,
Copeland, Plantation Island, Chokoloskee, Port of the Islands, and Goodland, in addition to the
greater Naples area, represents less than 10% of Collier County's land area.
The boundaries of the Urban designated areas have been established based on several factors,
including: patterns of existing development; patterns of approved, but unbuilt, development;
natural resources; water management; hurricane risk; existing and proposed public facilities;
population projections and the land needed to accommodate the projected population growth.
Urban designated areas will accommodate the following uses:
a. Residential uses including single family, multi - family, duplex, and mobile home. The
maximum densities allowed are identified in the Districts, Subdistricts and Overlays that
follow, except as allowed by certain policies under Objective 5.
b. Non- residential uses including:
* ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * **
12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD
Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict,
Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -Use
Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard
Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed
Use Subdistrict, Davos BewlevaFd�GGURty Bam Read Mixed Use SubdistFiGt,
Livingston /Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road
Neighborhood Commercial Subdistrict; and, in the Urban Commercial District, Mixed
Use Activity Center Subdistrict, Interchange Activity Center Subdistrict,
Livingston /Pine Ridge Commercial Infill Subdistrict, Livingston Road /Eatonwood
Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill
Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial
Boulevard Commercial Infill Subdistrict, Goodlette /Pine Ridge Commercial Infill
Subdistrict; Orange Blossom /Airport Crossroads Commercial Subdistrict, in the
Bayshore /Gateway Triangle Redevelopment Overlay; and, as allowed by certain
FLUE policies.
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9/13/2011 Item 8.C.
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9/13/2011 Item 8.C.
CPS P- 2010 -5
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45. 14. Livingston /Radio Road Commercial Infill Subdistrict
44&: 15-Vanderbilt Bach Road Neighborhood Commercial Subdistrict
47- 16.Collier Boulevard Community Facility Subdistrict
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent by Policy (5.9, 5.10, 5.11) Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map
Future Land Use Map Rivers and Floodplains
Future Land Use Map Estuarine Bays
Packet Page -242-
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45. 14. Livingston /Radio Road Commercial Infill Subdistrict
44&: 15-Vanderbilt Bach Road Neighborhood Commercial Subdistrict
47- 16.Collier Boulevard Community Facility Subdistrict
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent by Policy (5.9, 5.10, 5.11) Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map
Future Land Use Map Rivers and Floodplains
Future Land Use Map Estuarine Bays
Packet Page -242-
9/13/2011 Item 8.C.
CPSP- 2010 -5
Future Land Use Map Soils
Existing Commercial Mineral Extraction Sites Map
Bayshore /Gateway Triangle Redevelopment Overlay Map
Stewardship Overlay Map
Rural Lands Study Area Natural Resource Index Maps
North Belle Meade Overlay Map
Existing Schools and Ancillary Facilities Map
Future Schools and Ancillary Facilities Map
Plantation Island Urban Area Map
Copeland Urban Area Map
Railhead Scrub Preserve — Conservation Designation Map
Lely Mitigation Park — Conservation Designation Map
Margood Park Conservation Designation Map
Urban Rural Fringe Transition Zone Overlay Map
Orange Blossom Mixed Use Subdistrict Map
Vanderbilt Beach /Collier Boulevard Commercial Subdistrict Map
Goodlette /Pine Ridge Commercial Infill Subdistrict Map
Henderson Creek Mixed -Use Subdistrict Map
Buckley Mixed -Use Subdistrict Map
Livingston /Pine Ridge Commercial Infill Subdistrict Map
Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map
Livingston Road /Eatonwood Lane Commercial Infill Subdistrict Map
Livingston Road Commercial Infill Subdistrict Map
Orange Blossom /Airport Crossroads Commercial Subdistrict
Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map
Corkscrew Island Neighborhood Commercial Subdistrict Map
Collier Boulevard Community Facility Subdistrict Map
Exhibit A text alt 2 DRAFT
G:ICDES Planning ServiceslComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendments12009 -2010 Combined Cycles petitions12010 Cycle
PetitionskCPSP- 2010 -5, Revamp Davis Blvd. -Co. Barn Rd. MU Sub dw/1 -10 -11
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9/13/2011 Item 8.C.
18A a Wednesday, August 24, 2011 • Naples Daily News
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing
on Tuesday, September 13, 2011 in the Board of County Commissioners' Chambers, Third Floor, Collier
County Government Center, 3299 E. Tamiami Trail, Naples. The meeting will commence at 9:OOA.M.
The purpose of the hearing is to consider a recommendation on an amendment to the Future Land Use Ele-
ment Future' Land Use Map Series of the Growth Management Plan: The Ordinance title Is as follows:
ORDINANCE NO. 2011-
AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL -
LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COWER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS,
SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE
LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTION AMENDMENTS TO THE FLORIDA DEPART-
MENT OF ECONOMIC OPPORTUNITY, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE..
CPSP - 2010 -2, Petition requesting various amendments to the Future Land Use Element and Future Land
Use Map and Mao series, including the mW titled Collier Couty Wellhead Protection Areas. Proposed
Wellfields and ASRs Map, ADOPTION HEARING [Coordinator. David Weeks, AICP, GMP Manager)
COLLIER COUNTY
WELLHEAD PROTECTION AREAS.
PROPOSED WELLFlEUDS AND ASRs r iY";r" ,o°.•m'
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 Land Develop-
ment Services Dept., Comprehensive
Planning Section, •2800 N. Horseshoe
Dr., Naples, FL between the hours
of 8:00 A.M. and 5:00 P.M., Monday
through Friday. Furthermore the mate-
rials will be made available for Inspec-
tion 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 docu-
ments should be directed to the Com-
prehensive Planning Section. Written
comments filed with the Clerk. to the.
Board's Office prior to Tuesiday, Sep- . .
tember 13, 2011, will be read and con-
sidered at the public hearing.
If a person decides to appeal any deci-
sion made by the Collier County Board
of County Commissioners with re-
spect 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 testi-
mony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in.this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department, located at 3335: Tamiami Trail
East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board of County Com-
missioners' Office.
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK .
By: Teresa Polaski Deputy Clerk (SEAL)
N6,2311182578 August 20_2Q1 I
Der -Ln+ D�ac _7dr._