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Agenda 10/11/2011 Item # 8BPatricia L Mogan �l ids From: Schmidmorby acorbyzchmidt ®calliemmonl alle Sant Friday, Occober W, 30111348 PM To: MorganTriah; Brock, Marylo Cc: Ochx Leo; Feder Norm, Casalanguida. Nick; Klatzkow, Jeff. Mitchell, Ian. goal, Michael: Ashton, Heidi: Kendall, Marcia; gtoolever @hotmainom Subject Memo re: Hacienda bs Executive Summary Attachments: Hacienda memo 10 -0] to BCC OOCX; CP -O6 -11 Hacienda Lavers EX SUM Adoption- 4bdoc Impartial High Attached to this message are a memorandum and an attachment to the memo. The two documents relate to an Item appearing on the BCC Agenda for Ocrober 11, 3011, and should be taken into consideration before then. These two documents are being provided to BCC Commissioner, by hand delivery as printed documents only The two documents have also been provided to those «d persons identifed above in hard copy form or only by attachment to this email. Contact me at kn. 3944 if you have Sue tli nd Corby Schmidt, AICP Principal Planner Orowla Management Division land Development Services Department Comprehensive Planning Section c0111 couvgty GrowOt Management Division Planning is Regulation Land Development Serviced TO: Collier County BOerd of County Commissioners FROM: Carry Schmidt, Principal Planner, Comprehensive Planning Section Growth Management Division— Planning and Regulation DATE: October ], 2011 SUBJECT.. Adoption Hearing Materials for CP- 200 6-11, Hacienda Lakes GMP -A October 11, 2011 BCC meeting, Agenda item 8B It has come to stuff's addition that an inconsistency is contained between the Executive Summary provided for within the Hacienda Lakes GMP -A binders provided m the BCC earlier this week and the printtd Agenda Central system disvibution. The Executive Summary within the Agenda Central system (Agenda item BB) is outdated. It was inadvertently included when the item was continued from the original hearing date of September 27m the October 11, 2011 Public Hearing agenda. The Adoption £xeculNe Summary in the binders provided to you directly prom Compregess ive Planning staff earlier ehh, week B the current execudve:ammary. new binders can be identified by their white covers entitled COLLIER COUNTY DRI-RELATED GROWTH MANAGEMENT PLAN AMENDMENT !ADOPTION HEARMGSI Petition CP- 2006 -11. Additionally, the County Accuracy's Once repeated a statement he included to the Executive Summary minding the Board that a four0 -fills vote is necessary for approval at the Adoption Hearing of the Growth Management Plan amendment. This emphasis data not appear within me Executive Summary in the bindery provided to you by Comprehensive Planning naff, but has been added to the updated Executive Summary, attached. As noted, the correct Executive Summary has been attached to this memorandum. It should be further noted that me binder containing the current correct executive summary was incorporated by reference in the original executive summary and therefore is not considered documentation added to the agenda after release of the printed agenda. The Comprehensive Planning Section ofine Growth Management Division apologizes and regrets any confusion this inconsistency may have created. Attachment ce. Leo Ochs. Jr, Cousin M ger Norm Feder AICP, Administrator Growth Management Division Nick C'asalamaida Deputy AdminoirabC Growth la agement Division JegKlmckow Counry Atmmey m�nwy..su®.. car. yswsucn.teooxmn�mn,.nvn- ....xmn ri,.e..;tr<.nanxzan...„�.n Recommendation to Approve Growth Management Plan Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of Naples, LLC (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners to review Ne referenced amendment ta the Collier County Orowth Management Plan (GMP) and consider approving (adopting) said amendment for its trunsmitW to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, FS, provides for an amendment process for a local government's adopted Growth Management Plan. • Petition CP- 2006 -11 relates to the proposed [compnnion) Hacienda Lakes Development of Regional Impact (DRD and Mixed Has Planned Unit Development (MPUD) requests [DRI -2006- AR- 10147 and PUDZ- 2006 -AR- 101461 and is, under Rule 9J- 11.006(l)(a7a, FA C, exempt from the twice per calendar yam Plan amendment limitation. • The Environmental Advisory Council (EAC) held its tratemitted hewing on December 1, 2010. The CCPC, sitting as the "local planning agency" under Chapter 163.3174, FS, held its transmittal hewing for this petition on January 20, 2011. The BCC held its transmittal hearing on February 8, 2011. The respective transminal hewing recommandationstactions we contained in the CCPC Adoption hearing Staff Report. • The EAC considered the proposed amendment at its Adoption hearing on June 1, 2011. The CCPC held its Adoption hearing for this petition on August 4, 2011. Both bodies provided unanimous recommendations for approval. • Although the project's numerical needs assessment did not demonstrate demand for the additional commercial acreage, other factors may be considered in determining need. In order ta prepare an Adoption recommendation for the BCC, factors of suitability besides the numerical needs assessment were evaluated that were not known or had yet to be articulated when CP- 2006-11 sew initially reviewed. The suimbility of the property for change was demonstrated in companion application materials (PUDZ and DRI) of the Hacienda Lakes proposal, and the subsequent MPUD and Development Order documents. The respective Adoption hearing recommendations are presented further below. • The Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA), dated April 21, 2011, contained no Objections, Recommendations or Comments. One other state agency who reviewed CP- 2006 -11, the Florida Department of Transportation (FDOT), provided two Comments County Transportation Plwmers worked with the Hacienda Lakes project team to resolve transportation issues found in FDOT Comments. new issues are being rawlsed in the PUU, and all MPUD Ordirmnce Exhibits illustrating aspects of resolution, including mitigation, will be in place and pan of the record as Adopted by the BCC. Transportation commitments are also reflected in the DID [and its accompanying Development Order documents]. These items cover FDOT concems and conditions. Note: Because support materials for this Petition are volumlaus, and certain exhibits a oversized, the Agenda Central system is not used The ¢mired to the J? Summary paesable or readag an Support e Cons mareria[s, il included nnin Sid the binders provided m the BCC and Naples. jm review in the Comprehensive Panning Section ice, 2800 North Horseshoe Drive, Naples -2- The Adoption of CP-2006 -I1 involves amendments to the Conservation and Coastal Maneeement ��11 Element (CCME), Future Land Use Element (FLUE) and Future Land Use May and May Series of the Growth Management Plan, to • Increase the size and reconfigure the boundary of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard) - This pan of CP- 2006 -11 expands the size of the Southeast Quadrant of Mixed Use Activity Center No. 7 by 9.16 acres; • Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs) -This two-part portion of CP- 2006 -11 lifts the FLUE's 1.0 wit - per -acre maximum transferred TOR density to 1.3 units per acre and the 15 wit - per -acre maximum achievable density to 2.8 units per acre in use all qualifying TDRs within the Hacienda Lakes project; • Provide a definifive access provision for a Business Park located in the URF portion of a project - This part of CP- 2006 -11 requires The Lord's Way to be constructed to standards sufficient to serve as access to a Business Park as well as to [a] predominantly residential area[s] within the Hacienda Lakes project; and, • Allow for Native Vegetation Preservation in the ORE portion of a project to be shifted to the RFMUD Sending Lands portion of the project when the Required Amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the project - This two - part portion of CP- 2006 -II shifts a portion of the FLUE's native vegetation preservation from Urban lands to RFMUD Sending Lands to protect the highest quality wetlands and habitat within the Hacienda Lakes project. FISCALIMPACT: No fiscal impacts to Collier County result from Adapting CP- 2006 -11. Implementation of this amendment will occur through companion DRI and MPUD requests. The companion Hacienda Lakes DRI is required to be fiscally neutral m the County, generating sufficient funds to provide the inecessery Infrastructure for line support of each phase of development. Further implementation of this amendment 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. An exception would occur if the presumed statumry compliance of any petition were challenged [appealed] by the Department of Economic Opportunity (see Grovdh 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. LEGAL CONSIDERATIONS: The Office of the County Attorney has reviewed this Executive Summary and the GMP amendment Ordinance for legal sufficiency. Per Resolution No. 9743L a fourth -fifths vote of the Board is necessary for approval at the adoption hearing of the Growth Management Plan amendment (HR9C GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for the Collier County Growth Management Plan amendment related to the proposed [companion] Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests. Based upon statutory changes that occurred during the 2011 Florida Legislative session, these GMP amendments are presumed to he "i compliance" with applicable Florida Statutes. After Adoption, the Department of Economic Opportunity will have 30 days to review the adopted Plan amendments and, should they believe an -2- -3- amendment is not compliance," file a challenge [appeal] to the presumed compliance" 10(tl�it he also determination with the Florida Division oI Administrative hearings. any affected pang also has days io which to file a challenge. If a timely challenge is not filed by filed Department of Economic or ome a ff Opportunity or an affected party within 30 days, then the amrndments will become effective. ENVIRONMENTAL ISSUES: County Stormwater and Environmental Services Section staff conducted the substantive review of the environmental report submitted for CP- 2006 -11 and brought a staff report before the Enviromnental Advisory Council The environmental report confirmed the en enrol characteristics of native vegetation and habitat eponed at the time the Rural Fringe Mixed Use District was established. HISTORICAL /ARCHAEOLOGICAL IMPACT: County Historical and Archaeological Probability Maps identified Archaeological resources on the 2,262 -acre subject property. Than sites are predominantly hummock formations and are protected as such. They are not located in areas where actual development is proposed. ENVIRONMENTAL ADVISORY COUNCIL WACI RECOMMENDATION: That the CCPC forward petition CP- 2006 -11 to the BCC with a recommendation to adopt each of the six pans of the proposal (vote. 4/0), as modified by the underlined post- trmnsmitral text changes appearing below, and on page I of the Exhibit "A" accompanying the Adoption Ordinance. This modification provides additional clarity for receiving TDR density in the Urban designated area. a. Up to IF unit per gross acre via the transfer of up to one (I Of dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the uses of Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (trensferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands; or, COMPREHENSIVE PLANNING STAFF RECOMMENDATION TO THE CCPC: That the CCPC forward petition CP- 2006 -11 to the BCC with a recommendation to adopt, except the provisions for increasing the sin of MUAC No. ], and as modified by the underlined posbtransmittal text changes appearing above, and on page 1 of the Exhibit "A" accompanying the Adoption Ordinance, COLLIER COUNTY PLANNING COMMISSION WCPC1 RECOMMENDATION: That the BCC adopt each of the six parts proposed in petition CP-0006 -11 (vote: 8/0) as recommended by the EAC, subject in an additional modification, as reflected by the underlined post- transmi0al text changes appearing below, and on page 5 of the Exhibit "A" accompanying the Adoption Ordinance. h. When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element, except that a Business Park in Section 14, Township 50 South, Range 26 East may have access to an arterial road via The Lords Way Provided it meets County road rieht- of-way standards for a business park. -3- FIRM COMPREHENSIVE the STAFF RECOMMENDATION TO THE BCC: 01101 each of That the BCC adopt each of the six parts proposed in petition ages I and as modified by the underlined the eAdoptio text changes appearing above, and on pages 1 and 5 of the Exhibit "A" accompanying O the Opportunity on Ordinance, and tmnsmit the adopted amrndmem to the Department of Economic Opportunity. PREPARED BY: Corby Schmidt, AICR Principal Planner Comprehensive Planning Section Gme1h Management Division - Planning and Regulation Attechmen s within Aeenda Central 1) BCC Adoption Executive Summary; 2) Adoption Ordinance, including Exhibit "A" Text per 9 /t /2011CCPC consent & Exhibit "A" Activity Center Map (MUAC No. 7), 3) CCPC Adoption Staff Report; 4) EAC Adoption Staff Report -4- ■ Atracnment. WICA encussill ero osals Remarks ana>tain It2COmmenical RECOMMENDATION PROVISION EXISTING PROPOSED REMARKS Jun 507.8 ac Maximum 2.5 DU /acre 2.8 Macrae would be To Adopt Residential Density - eligible to reserve - eligible to receive developed with MOtliflcmion (utilizing Man) in URF In URF with residentially Recommended by CCK receiving . 432.4 in residential tracts . 36.6 MUAC residential . 38.8 in rememlarr medical uses tract Native VegetatioN 25% No in Urban Under 25 %NV- .25 %of Urban Habitat portion Urban Portion Reserve R 72.4 To Adopt Pension/ 60 %NV in Rural 100 %NV - an. of 289.7 NV au rammltted Preservation portion Undeveloped Rural . 60%of FLUE Required portion Rural Preservation Area Preservation Area Preserve is with "shift' 847.2 ac. of 1.412 NV 1.0 DUiTDR Per 1.3 DUrTDRS per Maximum Use of Overall Density To Adopt TDRS - eligible to transfer a eligible to transfer would be 0.78 as Transmitted into URF from into URF from DUS/eae(gross) Sending Lands Sending bands within 1 mile of within I mile of URF boundary URF boundary. with'Ilft" Supply o! 88].962 Acreage Allowed 27.5 acres 36.6 acres sq. R. / Demand To Adopt for Southeast for 143,645 sq. k. as Transmitted Quadrant of = Market faRor of MUAC No. ] 6.18 (Supply = 618 % of Demand) Provides additional Direct Access for The Lord s stray The Loral Way benefits for access To Adopt with Business Park onto does not provide would provide to MM1 Collier Modification Arterial ROacks such access by such access with Boulevard and the Recommended by ECK FLUE provisions new provision future Benfield Road Native VegetatioN 25% NV in Urban 25 %- X - Urban . Urban Reserve To Adopt Habitat portion NV would be 47.2 as Transmitted Retention/ 0% No in Rural 601 +2X =Rural Reservation portion NV • Rural Reserve CCME Preserved - Reserved with would be 1.342 o�er<e aennim mmavrexnmmre e,m�m.omwos cwa Palm�scP -Nn -n nua.axx�mtar«m aa�m tma. ax sw nap�aaea.. -5- 10/11/2011 Item 8. B. EXECUTIVE SUMMARY Recommendation to Approve Growth Management Plan Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of Naples, LLC (Adoption Nearing) OBJECTIVE: For the Board of County Commissioners to review the referenced amendment to the Collier County Growth Management Plan (GMP) and consider approving (adopting) said amendment for its transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Petition CP- 2006 -11 relates to the proposed [companion] Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests [DRI- 2006 - AR -10147 and PUDZ - 2006 -AR- 10146] and is, under Rule 9J- 11.006(1)(a)7a, F,A.C., exempt from the twice per calendar year Flan amendment limitation. • The Environmental Advisory Council (EAC) held its transmittal hearing of December 1, 2010. The CCPC, sitting as the "local planning agency" under Chapter 163.3174, FS., held its transmittal hearing for this petition on January 20, 2011. The BCC held its transmittal hearing on February 8, 2011. The respective transmittal hearing recommendations/actions are contained in the CCPC Adoption hearing Staff Report. /'� • The EAC considered the proposed amendment at its Adoption hearing on June 1 2011. The CCPC, held its Adoption hearing for this petition on August 4, 2011. The respective Adoption hearing recommendations are presented further below. • The Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA), dated April 21, 2011, contained no Objections, Recommendations or Comments; one other state agency, the Florida Department of Transportation (FDOT), provided two (2) Comments. County Transportation Planners worked with the Hacienda Lakes project team to resolve transportation issues. All aspects of mitigation are being resolved in the PUD, and all MPUD Ordinance Exhibits illustrating such mitigation will be in place and part of the record as adopted by the Board of County Commissioners (BCC). Transportation commitments are also reflected in the DRI [and its accompanying Development Order documents]. These items cover FDOT concerns and conditions. • This Adoption hearing for the last petition filed in 2006 involves amendments to the following Elements of the Plan: • Future Land Use Element (FLUE) and Future Land Use Map Series; and, • Conservation and Coastal Management Element (CCME) Note: Because support materials for this petition are voluminous, and certain exhibits are oversized, the Agenda Central system is not used The entire Executive Summary package, including all support materials, is included in the binders provided to the `BCC and is available: for review in the Comprehensive Planning Section office, 2800 North Horseshoe Drive, Naples: -1 -` Packet Page -134- 10/11/2011 Item 8. B. The adoption of CP- 2006 -11 would amend the Conservation and Coastal Management Element, Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to: • Increase the size and reconfigure the boundary of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard) - This part of CP- 2006 -11 expands the size of the Southeast Quadrant of Mixed Use Activity Center No. 7 by 9.16; • Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs) -This two -part portion of CP- 2006 -11 lifts the FLUE'S 1.0 unit- per -acre maximum transferred TDR density to 1.3 units per acre and the 2.5 unit- per -acre maximum achievable density to 2.8 units per acre to use ail qualifying TDRs within the Hacienda Lakes project; • Provide a definitive access provision for a Business Park located in the URF portion of a project - This part of CP- 2006 -11 requires The Lord's Way to be constructed to standards sufficient to serve as access to a Business Park as well as to- [a] predominantly residential area[s] within the Hacienda Lakes project; and, • Allow for Native, Vegetation Preservation in the URF portion of a project to be shifted to the RFMUD Sending Lands portion of the project when the Required Amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the project — This two- part portion of CP- 2006 -11 shifts a portion of the FLUE'S native vegetation preservation from Urban lands to RFMUD Sending Lands to protect the highest quality wetlands and habitat within the Hacienda Lakes project. FISCAL IWACT: There are no fiscal impacts to Collier County as a' result of this proposal. Implementation of this amendment will occur through companion or subsequent development orders (rezone or conditional use, site development plan, building permits, etc.) for which review fees are paid by the petitioner. An 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. LEGAL CONSIDERATIONS: This Executive Summary and the GNP amendment Ordinance have been reviewed by the Office of the County Attorney for legal sufficiency. Per Resolution No. 97-431, a fourth- fifths vote of the Board is necessary for approval at the adoption hearing of the growth management plan amendment.. [HFACJ GROWTH MANAGEMENT IWACT: This is an adoption public hearing for the Collier County Growth Management Plan amendment related to the proposed [companion] Hacienda Lakes Development of Regional impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests. 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 -2- Packet Page -135- 10/11/2011 Item 8.B. 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 n become effective. ENVIRONMENTAL ISSUES: The substantive review of the environmental report submitted by Passarella and Associates was conducted by the Stonmwater and Environmental Services Section and a staff report was brought before the Environmental Advisory Council for their review. The environmental report confirmed the environmental characteristics of native vegetation and habitat reported at the time the Rural Fringe Mixed Use District was established. HISTORICAL /ARCHAEOLOGICAL IMPACT: Archaeological resources have been identified on the 2,262 -acre subject property, on County Historical and Archaeological Probability Maps. These sites are predominantly hammock formations and are protected as such. They are not located in areas where actual development is proposed. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: That the CCPC forward petition CP- 2006 -11 to the BCC with a recommendation to adopt each of the six parts proposed in petition CP- 2006 -11 (vote: 4/0), as modified by the double - underlined post - transmittal text changes appearing on page 1 of the accompanying Exhibit "A ". COMPREHENSIVE PLANNING STAFF RECOMMENDATION: That the CCPC forward petition CP- 2006 -11 to the BCC with a recommendation to adopt/not adopt as shown in the Proposals, Remarks and Staff Recommendations Table (attachment), as modified by the double - underlined post- transmittal text changes appearing on page 1 of the accompanying Exhibit «A» COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: That the BCC adopt each of the six parts proposed in petition CP- 2006 -11 (vote: 9/0) as recommended by the EAC, subject to an additional modification, as reflected by the double - underlined post - transmittal text changes appearing on page 5 of the accompanying Exhibit "A ". STAFF RECOMMENDATION TO THE BCC: That the BCC adopt petition CP- 2006 -11 as recommended by the CCPC. PREPARED BY: Corby Schmidt, AICP, Principal Planner Comprehensive Planning Section Growth Management Division — Planning and Regulation Attachments within Agenda Central: 1) Adoption Executive Summary, 2) Adoption Ordinance, including Exhibit `A' Text per CCPC consent 9/1/2011 & Exhibit `A' Map, 3) Adoption CCPC Staff Report, and 4) Adoption EAC Staff Report only! -3- Packet Page -136- 10/11/2011 Item 8. B. Attachment: Table showing Proposals, Remarks and Staff Recommendations PROVISION EXISTING PROPOSED REMARKS RECOMMENDATION Just 507.8 ac Maximum 2.5 DU /acre 2.8 DU /acre would be To Adopt Residential - eligible to - eligible to receive developed with Modification Density (utilizing receive in URF in URF with residentially Recommended by CCPC TDRs) receiving "lift" • 432.4 in residential tracts • 36.6 MUAC residential • 38.8 in residential/ medical uses tract Native Vegetation/ 25% NV in Urban Under 25% NV — • 25% of Urban Habitat portion Urban portion Preserve is 72.4 To Adopt Retention / 60% NV in Rural 100% NV — ac. of 289.7 NV As Transmitted Preservation portion Undeveloped Rural . 60% of FLUE - Required portion - Rural Preservation Area Preservation Area Preserve is with "shift" 847.2 ac. of 1,412 NV 1.0 DU /TDR per 1.3 DUs/TDRs per Maximum Use of acre acre Overall Density To Adopt TDRs - eligible to transfer - eligible to would be 0.78 As Transmitted into URF from transfer into URF DUs /acre (gross) Sending Lands from Sending within 1 mile of Lands URF boundary within 1 mile of URF boundary, with "lift" Supply of 887,962 Acreage Allowed 27.5 acres 36.6 acres sq. ft. / Demand NOT for Southeast for 143,645 sq. ft. TO Quadrant of = Market factor of ADOPT MUAC No. 7 6.18 1 (Supply = 618 % of Demand) Provides additional Direct Access for The Lord's Way The Lord's Way benefits for access To Adopt with Business Park onto does not provide would provide to both Collier Modification Arterial Roadway such access by such access with Boulevard and the Recommended by CCPC FLUE provisions new provision future Benfield Road Native Vegetation/ 25% NV in Urban 25% — X = Urban • Urban Preserve To Adopt Habitat portion NV would be 47.2 As Transmitted Retention / 60% NV in Rural 60% + 2X =Rural ac. Preservation portion NV • Rural Preserve CCME - Preserved - Preserved with would be 1,342 "shift" ac. GACDES Planning Services \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\2006 Cycle Petitions \CP - 2006 -11 FLUE -CCME Hacienda Lakes of Naples\Adoption Executive Summaries \CP -06 -11 Hacienda Lakes EX SUM Adoption.docx Packet Page -137- 10/11/2011 Item 8.13. /0—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: AMENDMENTS TO THE FUTURE LAND USE ELEMENT, AND FUTURE LAND USE MAP AND MAP SERIES AND THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT SPECIFICALLY TO ADD ACREAGE TO THE URBAN MIXED USE ACTIVITY CENTER 47; TO ALLOW ACCESS TO A BUSINESS PARK SUBDISTRICT THROUGH THE LORD'S WAY; TO INCREASE DENSITY IN THE URBAN RESIDENTIAL FRINGE SUBDISTRICT AND TO ALLOW FOR THE TRANSFER OF NATIVE VEGETATIVE RETENTION FROM THE URBAN AREA TO THE SENDING AREA AND INCREASE THE 60% CAP ON NATIVE VEGETATION IN THE TOTAL PROJECT AREA DESIGNATED AS SENDING AREAS; AND FURTHERMORE RECOMMENDING ADOPTION TRANSMITTAL OF THE 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, David Torres, of Hacienda Lakes of Naples, LLC, Dwight Nadeau, of RWA, Incorporated, and Richard Yovanovich, Esquire of Coleman, Yovanovich, and Koester, P.A. requested amendments to the Future Land Use Element and the Future Land Use Map and Map Series, and the Conservation and Coastal Management Element of the Growth Management Plan to reconfigure the boundary and size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard) to increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in more than one Future Land Use designation through enhanced Words stFtsk thFOugh are deletions; words underlined are additions; 1 * * * * indicate page breaks Petition No. CP- 2006 -11 Packet Page -138- 10/11/2011 Item 8. B. utilization of eligible Transferable Development Rights (TDRs); provide a definitive access provision for a Business Park located in the URF portion of a project; and to allow for native vegetation preservation in the URF portion of a project to be shifted to the Rural Fringe Mixed Use District (RFMUD) Sending lands portion of the project when the required amount of native vegetation preservation proportionally increased in the Sending lands portion of the project as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use project Planned Unit Development (MPUD) requests. The property is located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, consisting of 2,262± 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 Maps and Map Series, and the Conservation and Coastal Management 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 and, the Conservation and Coastal Management 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 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: Words stmek thfeugh are deletions; words underlined are additions; 2 * * * * indicate page breaks * * * * Petition No. CP- 2006 -11 Packet Page -139- kii�.wadn.�.±�•"°A..K .;... . . ... y. 1:_' .. ; _ .. _:. __ ...:i�.rx'.$.F � +a�'�'' itiyr ae "t5i 7' -.: -•, 10/11/2011 Item 8. B. 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 the Conservation and Coastal Management Plan 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. 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 .. , Deputy Clerk BY: FRED W. COYLE, Chairman Words stf--uek through are deletions; words underlined are additions; 3 * * * * indicate page breaks * * * * Petition No. CP- 2006 -1 I Packet Page -140- . . .:: Approved as to form and legal sufficiency: L Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation CP\ 10 -CMP- 00788 \44 Words stmsk thFough are deletions; words underlined are additions; * * * * indicate page breaks * * * * Petition No. CP- 2006 -11 Packet Page -141 - 10/11/2011 Item 8. B. Exhibit A PART ONE of SIX: Future Land Use Element 10/11/2011 Item 8.B. CP- 2006 -11 I. URBAN DESIGNATION [Insert new language — FLUE Page 29] A. Urban Mixed Use District 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, Plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., of and either "a" or "b" below: a. Up to 15 1_0 units per gross acre via the transfer of up to one (1.0) dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the �.� Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands: or, in b. In the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable - workforce housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.06.00 of the Land Development Code, or its successor ordinance, except as provided for in paFagr-aph-!G! below. Within the NFbai; Residential -Frame, .rezGRe Feel gists aFe Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided below for the Affordable - workforce Housing Density Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal /out -fall system made necessary by new development in the Subdistrict. -1- Words underlined are added, words StF Gk thmugl:v are deleted. Row of asterisks ( *" * ** ' ** ' ** * *) denotes breaks in text. Packet Page -142- 1 i 10/11/2011 Item 8. B. CP- 2006 -11 , Properties eligible for the Affordable- workforce Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.06.00 of the Land Development Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30 %). The following properties are eligible for an Affordable - workforce Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. 1. Property located on the East side of Collier Boulevard (C.R. 951), approximately ... PART TWO of SIX: URBAN DESIGNATION [Insert new language — FLUE Pages 51 — 53] B. DENSITY RATING SYSTEM n 5. Density Blending: This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted, when the following conditions are met: * ** * ** * * ** * ** * * * ** * ** * * ** * ** ** * 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub - District and Rural Fringe Mixed Use District Sending lands: (a) The project must straddle the Urban Residential Fringe Sub - District and the Rural Fringe Mixed Use District Sending Lands; (b) The project in aggregate must be a minimum of 400 acres; (c) At least 25% of the project must be located within the Urban Residential Fringe Sub - District. The project must extend central water and sewer wastewater treatment facilities (from the urban designated portion of the project) to serve the entire project, -2- Words underlined are added, words stFuGk through are deleted. Row of asterisks ( ** * ** * * ** *** ** ) denotes breaks in text. Packet Page -143- 10/11/2011 Item 8. B. CP- 2006 -11 n unless alternative interim see" ,vc°T -,a; d water and wastewater treatment provisions are authorized by Collier County; (d) The Project is currently zoned or will be zoned PUD; (e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to be located on impacted or disturbed lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and /or habitat on -site and to maximize the connectivity of such native vegetation and /or wildlife habitat with adjacent preservation and /or habitat areas; (f) Native vegetation shall be preserved as follows: The Urban portion of the project shall comply with the native vegetation requirements identified in the Conservation and Coastal Management Element (for Urban designated lands), or in the case of projects where the native vegetation requirement for the Sending Lands portion of the proiect is the maximum required 60 percent of the total Sending Land area, in order to promote greater preservation of the highest quality wetlands and listed species habitat, the required native vegetation for the Urban portion of the proiect may be shifted by providing native vegetation preservation in the Sending Lands portion of the proiect exceeding the 60% maximum preservation requirement as set forth in subsection (2) below. The ratio for such native vegetation preservation shall be two acres of Sending Lands (exceeding the 60% maximum preservation requirement) for each acre below the required amount of native vegetation for the Urban portion of the proiect. In no instance shall less than 10 percent of the required amount of native vegetation be retained in the Urban portion of the proiect. Significant Archeological Sites identified by the State of Florida Division of Historic Resources shall be preserved and cannot be mitigated for. F=nF those IaRGIG Within the nroieot designated as Senrllnn the native vegetation— greservatien feau+remeRt shall be— SA°. -ef. the native vegetation not to evoeed GOV.- of the total nroieot area designated as SeRdinn vegetation, , seneidered as partef the Pative— vegetat,m,FeqWiFea}eat set fe,+h in this and /er flewway may he used fn�at ranePFOvidcd that the water disr.harned in these areas is rare tFeated For those lands within the proiect designated as Sending, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the total proiect area designated as Sending, unless the provisions found in subsection (1) above are met. Wetland areas that are impacted through the development process, but which result in enhanced wetland function, including habitat and /or flowways, shall be considered as part of the native vegetation requirement set forth in this provision and shall not be considered as impacted areas. These wetland areas and /or_ flowways may be used for water storage provided that the water discharged in these areas is pre- treated. -3- Words underlined are added, words drunk thro „a” are deleted. Row of asterisks ( ** * ** * * ** *** ** ) denotes breaks in text. Packet Page -144- 10/11/2011 Item 8. B. CP- 2006 -11 (g) Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. PART THREE of SIX: B. DENSITY RATING SYSTEM: [Insert new language — FLUE Page 50] 2. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. Transfer of Development Rights Bonus To encourage preservation /conservation of natural resources, density transfers are permitted as follows: (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre except for properties that straddle the Urban Residential Fringe and the n Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may transfer TDRs from Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. PART FOUR of SIX: I URBAN DESIGNATION [amend language — FLUE Pages 56 -57] C. Urban Commercial Subdistrict 1. Mixed Use Activity Center Subdistrict 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed -4- Words underlined are added, words StFUGk thr ugl are deleted. Row of asterisks ( ** * ** * * ** * ** ** ) denotes breaks in text. Packet Page -145- 10/11/2011 Item 8. B. CP- 2006 -11 at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres and the southeast quadrant may have a total of 49.2 acres, for a total of 479 188.2 acres maximum in the entire Activity Center; FUTURE LAND USE MAP SERIES [amend in order] Activity Center No. 7 — Rattlesnake Hammock Road and Collier Boulevard Mixed Use Activity Center • amend inset map depicting new MUAC boundary, instead of revision to the Future Land Use Element Countywide FLUM. PART FIVE of SIX: I URBAN DESIGNATION [Insert new language — FLUE Pages 31 -32] A. Urban Mixed Use District 4. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non - industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: * ** * ** * * ** * ** * * * ** * ** * * ** * ** ** * h. When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element, except that a Business Park in Section 14. Township 50 South. Range 26 East may have access to an arterial road via The Lords Wav, provided it meets County road riaht -of -way standards for a business -5- Words underlined are added, words stF Gk thmugli are deleted. Row of asterisks ( ** * ** * * ** * ** ** ) denotes breaks in text. Packet Page -146- 10/11/2011 Item 8.B. CP- 2006 -11 PART SIX of SIX: n Conservation and Coastal Management Element [Insert new language — CCME Pages 18 -21 ] GOAL 6: OBJECTIVE 6.1: Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural- Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single - family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. The following standards and criteria shall apply to the vegetation retention requirements referenced above. * ** * ** * * ** * ** * * * ** * ** * * ** * ** ** * (14) In order to promote greater preservation of the highest quality wetlands and listed species habitat the required native vegetation for the Urban portion of the project may be shifted by providing native vegetation preservation in the Sending Lands portion of the project exceeding the 60% maximum preservation requirement found in Density Blending provisions of the FLUE for proiects that: Words underlined are added, words stFUGk tl;Faug ► are deleted. Row of asterisks ( ** *** * * ** * ** ** ) denotes breaks in text. Packet Page -147- Coastal High Hazard Non - Coastal High Hazard Area Area Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 10% Use Development Equal to or greater Equal to or greater than 5 acres than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Equal to or greater Equal to or Development than 5 acres. 15% greater than 5 acres. 15% Industrial 50 %, not to exceed 25% 50 %, not to exceed 25% of the Development (Rural- of the project site. project site. Industrial District only) The following standards and criteria shall apply to the vegetation retention requirements referenced above. * ** * ** * * ** * ** * * * ** * ** * * ** * ** ** * (14) In order to promote greater preservation of the highest quality wetlands and listed species habitat the required native vegetation for the Urban portion of the project may be shifted by providing native vegetation preservation in the Sending Lands portion of the project exceeding the 60% maximum preservation requirement found in Density Blending provisions of the FLUE for proiects that: Words underlined are added, words stFUGk tl;Faug ► are deleted. Row of asterisks ( ** *** * * ** * ** ** ) denotes breaks in text. Packet Page -147- 10/11/2011 Item 8. B. CP- 2006 -11 (a) Are under unified control, (b) Straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and, (c) Meet the maximum required 60 percent preservation requirement for the Sending Lands portion of the project. The preservation ratio shall be two acres of Sendinq Lands (exceeding the 60% maximum preservation requirement) for each acre below the required amount of native vegetation for the Urban portion of the proiect. In no instance shall less than 10 percent of the required amount of native vegetation be retained in the Urban portion of the proiect Significant Archeological Sites identified by the State of Florida Division of Historic Resources shall be preserved and cannot be mitigated for. G: \CDES Planning Services \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\2006 Cycle Petitions \CP - 2006 -11 FLUE -CCME Hacienda Lakes of Naples\Adoption Exhibit A's \CP -06 -11 BCC Adoption Exhibit A.docx -7- Words underlined are added, words stF Gk threu@I4 are deleted. Row of asterisks ( ** ` " " "k ) denotes breaks in text. Packet Page -148- Q � Q g Y� �C O �o b O ooxs s� cn. - eal Esc ar cxe q°�o w c u qM L� y � n I 1 1 - I I I I A I 1 I Q� k I I mR 1 1 I �v zv n f10' F.P.e L iA4YFNi YD zO is vm n � D g jsC §O � vP Y D - - - - - -- $ M`[RrKST I I I I I I I � I I � I b y SiEggn gEMOws oq : m /A m 9 O A oy m ,m .—y m D C 9� ® T ' Z TZ M r1 z z iii o z � O z N 0 O W In Packet Page -149- F 9 O 10/11/2011 Item 8. B. I 1 I I I 1 1 - I I I I I 1 I Q� k I I mR 1 1 I a � I I F I s �c =v m Coqµ q/w Q� k �v zv n YD zO is n f71 n � D g � i �a a � O � 1 F 3 � S o � gz n V A X 2 1 D 0 i i 0 10/11/2011 Item 8. B. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing AGENDA ITEM No. 9A Co er �a1y.-K-�y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION MEETING OF JULY 21, 2011 The purpose of this Staff Report is to bring petition CP- 2006 -11 forward to the Collier County Planning Commission (CCPC) to consider proposed amendments to the Growth Management Plan. The CCPC reviewed CP- 2006 -11 previously for Transmittal on January 20, 2011. Collier County held its other Transmittal hearings for CP- 2006 -11, the Hacienda Lakes of Naples GM amendment, on December 1, 2010 (EAC, Environmental Advisory Council) and, February 8, 2011 (BCC, Board of County Commissioners). The respective Transmittal recommendations /actions are presented below. Within the CCPC binder containing staff documents, you will find the Transmittal EAC staff report and Transmittal CCPC staff report,. which provide staff's detailed analysis of this petition. The respective Transmittal recommendations /actions are presented below. CP- 2006 -11 is companion to Hacienda Lakes' Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests [DRI- 2006 -AR -10147 and PUDZ- 2006 -AR- 101461. PROPOSED AMENDMENT PETITION CP- 2006 -11, Amendments to the Conservation and Coastal Management Element, Future Land Use Element and Future Land Use Map and Mar) Series of the Growth Management Plan, to reconfigure the boundary and increase the size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); provide a definitive access provision for a Business Park located in the URF portion of a project; and, allow for native vegetation preservation in the URF portion of a project to be shifted to the RFMUD Sending Lands portion of the project when the required amount of native vegetation preservation is proportionally increased in the Sending Lands portion of the project — as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests, consisting of approximately 2,262 acres located east of Collier Boulevard (CR 951), with frontages on Collier Boulevard and Rattlesnake Hammock Road Extension (a.k.a., entrance to Swamp Buggy Days PUD's Florida Sports Park), in Sections 11, 12, 13, 14, 23, 24, and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida. Petitioner. David Torres, for Hacienda Lakes of Naples, LLC. — 1 — Packet Page -150- 10/11/2011 Item 8. B. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing AGENDA ITEM No. 9A TRANSMITTAL ACTIVITIES STAFF RECOMMENDATION: Transmit specific portions of the proposed amendment, and not to Transmit the portion proposing expansion of the Mixed Use Activity Center, to DCA — as they appear in "ATTACHMENT HL -2" of the CCPC Transmittal Staff Report. EAC RECOMMENDATION: Transmit to DCA (vote: 3/0). CCPC RECOMMENDATION: Transmit each of the six parts proposed in petition C17- 2006 -11, including the portion proposing expansion of the Mixed Use Activity Center, to DCA (vote: 9/0) — as they appear in Collier County Resolution 11 -32 Exhibit A. The CCPC also directed that the following requirements /stipulations be to be met before a recommendation is proffered or action is taken on the Adoption of CP- 2006 -11. These requirements /stipulations also appear in the BCC Transmittal Executive Summary. 1. Prior to, or at the time of Adoption hearing before the CCPC, documentation shall be presented to show and confirm accessibility to those parcels located within project boundaries that may be owned by other parties and otherwise landlocked. Provisions regarding this aspect are found in companion materials: Section 16, Legal Access in proposed Development Order (beg. pg. 43) and, Section 12, Consistency with the Local Comprehensive Plan (beg. pg. 40), esp. subsection (F). See also, Sheets 3 through 7 of the MPUD/DRI Master Plan map set for both existing and proposed access easements. This stipulation is adequately addressed in companion MPUD Ordinance Exhibits or related Hacienda Lakes materials. It is no longer necessary to retain it through Adoption. 2. Prior to, or at the time of Adoption hearing before the CCPC, cross - sections and other design information for The Lord's Way shall be presented to show and confirm preliminary plans for the types of improvements needed to ensure accessibility to the proposed location for the Business Park by business, semi - industrial and industrial vehicles and traffic. The project team provides the following response: "Please refer to Exhibit C of the MPUD Ordinance Exhibits that has been modified to reflect the potential future public roadway corridor. The Lord's Way is located along the mid -line of the West % of Section 14. The warranty deed recorded in O.R. 1069, Pg. 2187 granted an easement for public access and the_ placement of utilities on 30 feet at the north boundary of the North % of the Southwest % of Section 14. These are thirty feet south of the midline. With respect to the north side, between 50' -55' was reserved for right -of -way during the last modification to the First Assembly Ministries PUD. " Based on the documents submitted by the project team, Hacienda Lakes has a 30 ft. road easement for The Lord's Way. The dedication over Tracts A and G in The Lord's Way PUD have not been made to the County. In addition, there is a 170 ft. gap at the FPL easement (Tract B) between Tracts A and G of the PUD. There is no dedication requirement over Tract B in the PUD. It has not yet been determined whether a 30 -foot road easement meets County standards for a County- approved public street. There could be another 30 -foot easement on the north part of The Lord's Way but this has not been demonstrated to date. —2— Packet Page -151- CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing 10/11/2011 Item 8. B. AGENDA ITEM No. 9A Cross- sections and other design information presented thus far propose a roadway design intended to match existing conditions on the westerly portion of The Lord's Way [from its existing terminus on the east side of Celebration Blvd. to the east into Hacienda Lakes]. Preliminary plans did not provide the types of improvements needed to ensure accessibility to the business park by business, semi- industrial and industrial vehicles and traffic [or to the potential travel trailer and recreational vehicle park]. But certain land uses could not be developed in the project without these assurances. The Hacienda Lakes project team approaches this impediment by keeping their options open and adding the subsection entitled The Lord's Way Access Improvements to Companion MPUD, Exhibit B, Development Standards (beg. pg. 29). Staff recognizes the subsection, but finds it deficient as currently written to cover all proposed development scenarios. Staff recommends remedial modifications to correct this problem in the evaluation of Exhibit B in companion review materials. By adoption of these recommendations, it would no longer be necessary to retain this stipulation through Adoption. 3. Prior to, or at the time of Adoption hearing before the CCPC, documentation shall be presented to show and confirm accessibility, by easement or other access and development rights, to those parcels comprising the privately owned rights -of -way located within project boundaries, and west of the project boundaries that may be owned by other parties. Provisions regarding this aspect are found in companion materials: Section 16, Legal Access in proposed Development Order (beg, pg. 43) and, Section 12, Consistency with the Local Comprehensive Plan (beg. pg. 40), esp. subsection (F). See also, Sheets 3 through 7 of the MPUD /DRI Master Plan map set for both existing and proposed access easements. This stipulation is adequately addressed in companion MPUD Ordinance Exhibits or related Hacienda Lakes materials. It is no longer necessary to retain it through Adoption. The BCC further directed that the following requirements /conditions, or something similar, shall be placed in the eventual and subsequent companion PUD rezone and/or in the eventual and subsequent companion DRI, whichever is deemed more appropriate: 1. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed limitation of Development Rights Agreement(s) shall occur for these same lands. Provisions regarding this aspect are found in Section Vlll, Planning, in MPUD Ordinance Exhibits (beg. pg.47 of 48) and in companion materials: Section 17, Planning, in proposed Development Order (beg. pg. 44) and, Section 12, Consistency with the Local Comprehensive Plan (beg. pg. 40). This condition is adequately addressed in companion MPUD Ordinance Exhibits or related Hacienda Lakes materials. It is no longer necessary to retain it through Adoption. 2. A permanent conservation mechanism, including Limitation of Development Rights Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP) for the Hacienda Lakes project. Provisions regarding this aspect are found in Section Vlll, Planning, in MPUD Ordinance Exhibits (beg. pg.47 of 48) and in companion materials: Section 17, Planning, in proposed Development Order (beg. pg. 44) and, Section 12, Consistency with the Local Comprehensive Plan (beg. pg. 40); look for consistent use of correct conservation "mechanism" terminology. This condition is adequately addressed in companion MPUD Ordinance Exhibits or related Hacienda Lakes materials. It is no longer necessary to retain it through Adoption. — 3 — Packet Page -152- CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing 10/11/2011 Item 8. B. AGENDA ITEM No. 9A 3. The land uses that are expressly allowed by Ordinance No. 84 -26 for the Swamp Buggy [Days] "PUD for Recreation and Sports Park" shall be superseded and otherwise incorporated into the Hacienda Lakes PUD and use of the shooting range or "target range" currently on -site shall be discontinued and may be replaced by an indoor facility for rifles, pistols, shotguns, and any other firearms. The outdoor facility shall cease use or operation no later than the time when any development or construction activity begins to occur within range or trajectory of such target range. . Provisions regarding this aspect are found in companion materials: FINDINGS OF FACT Section, in proposed Development Order (beg. pg. 4). (Stricken statement is recommended to be withdrawn from this requirement — staff] This stipulation is adequately addressed in companion MPUD Ordinance Exhibits or related Hacienda Lakes materials. It is no longer necessary to retain it through Adoption. All six (6) of the above stipulations were [are] appropriate to include during CCPC Adoption consideration [of CP- 2006 -11] and subsequent PUDZ, DRI and development order approval. They were [are] not intended to appear within the GMP as part of this proposed amendment, but have been incorporated into companion Hacienda Lakes materials, as noted by the individual entries above. BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation, including the six (6) requirements above. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS RECOMMENDATIONS AND COMMENTS (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. DCA raises no Objections in their April 21 2011 ORC Report for GMP amendment CP- 2006 -11. One state agency, the Florida Department of Transportation (FDOT), provides two (2) comments. The entire ORC Report, which includes comments from other state and regional review agencies, is included in the CCPC binder containing staff documents. FDOT comments: ■ Since the impacts of the GMP amendments are based solely upon the analysis of the DRI, the department recommends that policy be included in the GMP that limits the development to a level based upon the facility analysis that was conducted for the DRI. [emphasis added] ■ Since the GMP amendments are based solely upon the analysis of the DRI, the department requests that the GMP [amendment] approval be contingent upon the applicant establishing an approved mitigation plan for all affected state roadway facilities. [emphasis added] =I'M Packet Page -153- 10/11/2011 Item 8.B. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing AGENDA ITEM No. 9A 10-o, Staff Response to FDOT Comments: With regard to the first FDOT Comment — Suggesting a GMP Policy be part of these amendments to limit development to levels found in Facilities' Analysis — It is uncommon to insert this type of provision in the GMP. Primarily, since the CP- 2006 -11 group of amendments does not produce a new Subdistrict into which such policy would be inserted, it is difficult to determine just where such Policy should best appear. Secondarily, PUD materials are a more appropriate destination for inserting such policy or provision. Through adoption of a number of conditions recommended with the companion PUDZ, development will be limited to a level based upon the facility analysis that was conducted for the DRI. With regard to the second FDOT Comment — Suggesting that GMPA approval be contingent on a mitigation plan approved by FDOT for affected State roadway facilities — It has been explained how the extent of such affect or such mitigation is not vast. The effects appear to be insubstantial or cosmetic in nature, and the mitigation activities are correspondingly minor and surficial. Actual changes may amount to no more than extending certain pavement markings (paint) that delineate turn lanes where FDOT jurisdiction applies. If it can be shown that the regional impact of this project rises to a level that dictates certain roadway improvements — such as materially increasing the length of turn lanes — then contributing to such improvements would be expected as part of mitigation plans. Here again, PUD materials are a more appropriate destination for inserting such policy or provision. County Transportation Planners continue to work with the Hacienda Lakes project team to resolve transportation issues. All aspects of mitigation are being resolved in the PUD, and all MPUD Ordinance Exhibits illustrating such mitigation will be in place and part of the record as adopted by the Board of County Commissioners (BCC). Transportation commitments are also to be reflected in the DRI [and its accompanying Development Order documents], except in those instances where the DRI monitoring schedule might govern the timing of completion of those commitments differently. These items will cover FDOT concerns and conditions. CP- 2006 -11 is companion to the Hacienda Lakes' DRI and MPUD requests and as such, under Florida Administrative Code - Rule 9J -11, is exempt from the twice per year Plan amendment limitation. The ordinance proposed for adoption includes text and map exhibits for this petition; those exhibits (text modified but map unchanged since BCC Transmittal) are located within the CCPC binder containing staff documents. ADOPTION ACTIVITIES Subsequent to Transmittal hearings, the review of companion petitions for the MPUD, DRI and its associated Development Order raised an additional issue, as follows: This issue concerns the ability to receive TDR density in Business Park acreage in the Urban Designated Area of the project, and decidedly needs additional clarity in new FLUE language. These text modifications are made part of the staff recommendation for the Adoption of CP- 2006 -11, as shown [double - underlined] in the FLUE excerpt, already shown as modified in Transmittal [by stFike- kVunderline , below. min Packet Page -154- CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment —Adoption Hearing Future Land Use Element I. URBAN DESIGNATION A. Urban Mixed Use District 2. Urban Residential Fringe Subdistrict: 10/11/2011 Item 8.13. AGENDA ITEM No. 9A [Insert new language — FLUE Page 291 The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, _plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b 1 -er- and either "a" or "b" below: a. Up to 25 1_0 unit per gross acre via the transfer of up to one 1.0 dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per -gross acre for all lands designated as Urban Residential_ Fringe via the transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands: or, [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Packet Page -155- 10/11/2011 Item 8.13. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing AGENDA ITEM No. 9A STAFF RECOMMENDATION: Adopt as modified by the [double - underlined] post - transmittal text changes appearing above regarding the provisions that address receiving TDR density in Business Park acreage in the URF, except for Activity Center expansion. More specifically, staff's recommendation for the individual parts of the proposal are shown in the figure below. PROVISION EXISTING PROPOSED REMARKS RECOMMENDATION Just 507.8 ac would be developed residentially To ADOPT • 432.4 in WITH MODIFICATION Maximum 2.5 DU /acre 2.8 DU /acre - eligible to receive residential tracts Providing Additional Residential Density - eligible to receive in URF with • 36.6 MUAC Clarity for Receiving (utilizing TDRs) in URF "lift" residential TDR Density in the receiving • 38.8 in Urban Designated Area residential/ medical uses tract 25% NV in Urban Under 25% NV — • 25% of Urban Native Vegetation/ portion Urban portion Preserve is 71.7 Habitat 60% NV in Rural 100% NV — ac. of 286.8 NV To ADOPT Retention / portion Undeveloped Rural P 60% of Rural as Transmitted Preservation - Required portion - Preserve is FLUE Preservation Area Preservation Area 848.4 ac. of with "shift" 1,414 NV 1.0 DU/TDR per 1.3 DUs/TDRs per acre acre - eligible to transfer - eligible to transfer into URF from Overall Density To ADOPT Maximum Use of into URF from Sending Lands would be 0.78 as Transmitted TDRs Sending Lands within 1 mile of DUs /acre (gross) within 1 mile of URF boundary, URF boundary with lift" Supply of 887,962 sq. ft. / Demand for Acreage Allowed 143,645 sq. ft. = for Southeast 27.5 acres 36.6 acres Market factor of NOT TO ADOPT Quadrant of MUAC 6.18 No. 7 (Supply = 618 % of Demand Provides additional Direct Access for The Lord's Way The Lord's Way benefits for access to both Collier To ADOPT Business Park onto does not provide would provide such Boulevard and the as Transmitted Arterial Roadway such access by access with new future Benfield FLUE provisions provision Road Native Vegetation/ 25% NV in Urban 25 % —X= Urban • Urban Preserve Habitat portion NV would be 40.8 To ADOPT Retention / 60% NV in Rural ° 60% + 2X =Rural ac. as Transmitted Preservation portion NV • Rural Preserve CCME - Preserved - Preserved with would be 1,395 "shift" ac. — 7— Packet Page -156- 10/11/2011 Item 8. B. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing AGENDA ITEM No. 9A PREPARED DATE: 1 CORBY SCHMI T, AICP, PRINCIPAL PLANNER Comprehensive Planning Section Land Developm nt Services Department Growth Managellpent Division - Planning & Regulation APPROVED BY: !i DATE. MIKE BOSI; AICP, COMPREHENSIVE PLANNING MANAGER Comprehensive Planning Section Land Development Services Department Growth Management Division - Planning & Regulation APPROVED BY: 7 -vc- It z �ft a, i DATE: 7 WILLIAM LORENZ, PE, DIRECTOR Land Development Services Department Growth Management Division - Planning & Regulation APP Oa(ED BY: �� v t�^ DATE: V N I CKAdSALAN G U I DA, I N I STRATOR Growth Management Diviso - fanning & Regulation DCA Ref. No. - Collier County 11 D -1 ffiff JE Packet Page -157- 10/11/2011 Item 8. B. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment —Adoption Hearing AGENDA ITEM No. VI A. MEETING OF JUNE 1, 2011 The purpose of this Staff Report is to bring petition CP- 2006 -11 forward to the Environmental Advisory Council (EAC) to consider proposed amendments to the Growth Management Plan. The EAC reviewed CP- 2006 -11 previously for Transmittal on December 1, 2010. Collier County held further Transmittal hearings for CP- 2006 -11, the Hacienda Lakes of Naples GMP amendment, on January 20, 2011 (CCPC, Collier County Planning Commission) and, February 8, 2011 (BCC, Board of County Commissioners). Within the EAC binder containing staff documents, you will find the Transmittal EAC Staff Report, Transmittal CCPC Staff Report and BCC Transmittal Executive Summary which provide staff's detailed analysis of this petition. The respective Transmittal recommendations /actions are presented below. CP- 2006 -11 is companion to Hacienda Lakes' Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests [DR[- 2006 -AR -10147 and PUDZ - 2006 -AR- 10146]. PROPOSED AMENDMENT PETITION CP- 2006 -11, Amendments to the Conservation and Coastal Management Element, Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to reconfigure the boundary and increase the size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); provide a definitive access provision for a Business Park located in the URF portion of a project; and, allow for native vegetation preservation in the URF portion of a project to be shifted to the RFMUD Sending Lands portion of the project when the required amount of native vegetation preservation is proportionally increased in the Sending Lands portion of the project — as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests, consisting of approximately 2,262 acres located east of Collier Boulevard (CR 951), with frontages on Collier Boulevard and Rattlesnake Hammock Road Extension (a.k.a., entrance to Swamp Buggy Days PUD's Florida Sports Park), in Sections 11, 12, 13, 14, 23, 24, and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida. Petitioner., David Torres, for Hacienda Lakes of Naples, LLC. Packet Page -158- 10/11/2011 Item 8. B. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment —Adoption Hearing AGENDA ITEM No. VI A. TRANSMITTAL ACTIVITIES STAFF RECOMMENDATION: Transmit specific portions of the proposed amendment, and not to Transmit the portion proposing expansion of the Mixed Use Activity Center, to DCA — as they appear in "ATTACHMENT HL -2" of the CCPC Transmittal Staff Report. EAC RECOMMENDATION: Transmit to DCA (vote: 3/0). CCPC RECOMMENDATION: Transmit each of the six parts proposed in petition CP- 2006 -11, including the portion proposing expansion of the Mixed Use Activity Center, to DCA (vote: 9/0) — as they appear in Collier County Resolution 11 -32 Exhibit A. The CCPC also directed that certain requirements /stipulations be met before a recommendation is proffered or action is taken on the Adoption of CP- 2006 -11. These requirements /stipulations appear in the BCC Transmittal Executive Summary. These stipulations are appropriate to include during CCPC Adoption consideration [of CP- 2006 -11 ] or subsequent Development Order approval. They are not intended to appear within the GMP as part of this proposed amendment, but to make the petitioner aware of the County's concerns and position. BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation, including the CCPC's six (6) requirements above. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (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 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. DCA raises no Obiections in their April 21, 2011 ORC Report for GMP amendment CP- 2006 -11. One State agency, the Florida Department of Transportation (FDOT), provides two (2) comments. The entire ORC Report, which includes comments from other State and regional review agencies, is included in the EAC binder containing staff documents. CP- 2006 -11 is companion to the Hacienda Lakes' DRI and MPUD requests and as such, under Florida Administrative Code - Rule 9J -11, is exempt from the twice per year Plan amendment limitation. Packet Page -159- CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment —Adoption Hearing 10/11/2011 Item 8. B. AGENDA ITEM No. VI A. The ordinance proposed for adoption includes text and map exhibits for this petition; those exhibits (text modified but map unchanged since BCC Transmittal) are located within the EAC binder containing staff documents. ADOPTION ACTIVITIES Subsequent to Transmittal hearings, the review of companion petitions for the DRI and its associated Development Order raised additional issues. These post - transmittal issues are not environmental in nature. These issues relate to future attendance and traffic at attractions and recreational facilities that may be located in the project and, to incorporating features into the project to further diminish reliance on vehicular trips and demonstrate energy conservation. Revisions to the Development Order document may be necessary to account for any changes made to the companion DRI or PUDZ properly. One issue, concerning the ability to receive TDR density in Business Park acreage in the Urban Designated Area of the project, decidedly needs additional clarity in new FLUE language. These text modifications are made part of the staff recommendation for the Adoption of CP- 2006 -11, as shown [double - underlined] in the FLUE excerpt, shown as modified [by *Fi'- ^- +hr^u^l /underline in Transmittal, below. Future Land Use Element [Insert new language — FLUE Page 29] I. URBAN DESIGNATION A. Urban Mixed Use District 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre plus any density bonus that may be achieved via CCME Policy 6. .5 (6) b.1., -ems and either "a" or "b" below: a. Up to 2L.5 1_0 unit per gross acre via the transfer of up to one 1�.0 dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands: or, Packet Page -160- CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing 10/11/2011 Item 8. B. AGENDA ITEM No. A A. STAFF RECOMMENDATION: Adopt as modified by the [double - underlined] post - transmittal text changes appearing above regarding the provisions that address receiving TDR density in Business Park acreage in the URF, except for Activity Center expansion. More specifically, staffs recommendation for the individual parts of the proposal are shown in the figure below. PROVISION EXISTING PROPOSED REMARKS RECOMMENDATION Just 507.8 ac would be developed residentially To ADOPT 2.8 DU /acre • 432.4 in WITH MODIFICATION Maximum 2.5 DU /acre -eligible to receive residential tracts Providing Additional Residential Density - eligible to receive in URF with . 36.6 MUAC Clarity for Receiving (utilizing g TDRs ) n URF "lift" residential TDR Density in the receiving • 38.8 in Urban Designated Area residentialY medical uses tract 25% NV in Urban Under 25% NV — • 25% of Urban Native Vegetation/ portion Urban portion Preserve is 71.7 Habitat 60% NV in Rural u 100% NV— ac. of 286.8 NV To ADOPT Retention / portion Undeveloped Rural 60% of Rural as Transmitted Preservation - Required portion - Preserve is FLUE Preservation Area Preservation Area 848.4 ac. of with "shift" 1,414 NV 1.0 DU/TDR per 1.3 DUs/TDRs per acre acre - eligible to transfer Maximum Use of - eligible to transfer into URF from into URF from Overall Density To ADOPT TDRs Sending Lands Sending Lands would be 0.78 as Transmitted within 1 mile of within 1 mile of DUs /acre (gross) URF boundary URF boundary, "lift" with Supply of 887,962 sq. ft. / Demand for Acreage Allowed 143,645 sq. ft. = for Southeast 27.5 acres 36.6 acres Market factor of NOT TO ADOPT Quadrant of MUAC 6.18 No. 7 (Supply = 618 % of Demand Provides additional The Lord's Way The Lord's Way benefits for access To ADOPT Direct Access for does not provide would provide such to both Collier As Transmitted — Business Park onto such access by access with new Boulevard and the Conditional Arterial Roadway FLUE provisions provision future Benfeld Recommendation Road Native Vegetation/ 25% NV in Urban 25% — X = Urban • Urban Preserve Habitat portion NV would be 40.8 To ADOPT Retention / 60% NV in Rural o 60% + 2X =Rural ac, as Transmitted Preservation portion NV • Rural Preserve CCME - Preserved - Preserved with would be 1,395 "shift" ac. Packet Page -161- n. 10/11/2011 Item 8.13. CP- 2006 -11 Hacienda Lakes of Naples GMP Amendment — Adoption Hearing AGENDA ITEM No. VI A. Staff's present recommendation however, is conditional. The three companion petitions are inextricably linked. Changing part of one petition's content will likely dictate changes to another petition's content. The same cause and effect relationships exist between the staff recommendations for the three companion petitions. Adoption recommendations are contingent on the outcomes of companion DRI and PUDZ petitions. Additional contingencies are expected to affect each of the components of the Hacienda Lakes proposal with changes during final Adoption considerations. PREPARED BY: DATE: e CORBY SCHIV JDT, AICP, PRINCIPAL PLANNER Comprehensiv Planning Section Land Developr ient Services Department Growth Management Division — Planning & Regulation APPROVED BY: eje-� DATE: MIKE BOSI, AICP, COMPREHENSIVE PLANNING MANAGER Comprehensive Planning Section Land Development Services Department Growth Management Division — Planning & Regulation APPROVED BY: DATE: s -16 - z e / LIAM LORENZ, PE, RECTOR Land Development Services Department Growth Management Division — Planning & Regulation APPROVED BY: .rI ='�4. ' DATE: -NICK CASALANGUIDA, DEPUTY ADMINISTRATOR Growth Management Division — Planning & Regulation G: \CDES Planning Services \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\2006 Cycle Petitions \CP - 2006 -11 FLUE -CCME Hacienda Lakes of Naples\Adoption Staff Reports \CP -06 -11 Adptn Stff Rprt USED for June 01 EAC.docx Packet Page -162- d LA e+ e�+ N A s. o� W a 0 3 iA d a Z 10/11/2011 Item 8. B. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Board of County Commiesiorim will hold a public hearing on Tuesday, September 27, 2011 in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on adoption of amendments to the Future Land Use Element and Future Land Use Map and Map Series and the Conservation and Coastal Management Ele- ment of the Growth Management Plan. The Ordinance title is as follows; ORDINANCE NO. 2011 -_ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENT, AND FU- TURE LAND USE MAP AND MAP SERIES AND THE CONSERVATION AND COASTAL MANAGE- MENT ELEMENT SPECIFICALLY TO ADD ACREAGE TO THE URBAN MOOED USE ACTIVITY CEN- TER #7; TO ALLOW ACCESS TO A BUSINESS PARK SUBDISTRICTTHROUGH THE LORD'S WAY; TO INCREASE DENSITY IN THE URBAN RESIDENTIAL FRINGE SUBDISTRICT AND TO ALLOW FOR THE TRANSFER OF NATIVE VEGETATIVE RETENTION FROM THE URBAN AREA TO THE SENDING AREA AND INCREASE THE 60% CAP ON NATIVE VEGETATION IN THE TOTAL PROJ- ECT AREA DESIGNATED AS SENDING AREAS; AND FURTHERMORE RECOMMENDING ADOP- TION TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -11, a petition requesting amendments to the Future Land Use Element (FLUB and Future and Use Mao and Mao Series IFLUMI, and Conservation and Coastal Management Element (CCME),.of the Growth Management Plan, to reconfigure the boundary and increase the size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project tying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); Provide a definitive access provision for a Business Park located in the URF portion of a project; and, Allow for Native Vegetation Preservation in the URF portion of a project to be shiftedto the RFMUD Send- ing Lands portion of the project when the required amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the project - as they relate to proposed Hacienda Lakes Develop - ment.of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests. The property is located in Sections 11; 12, 13, 14, 23, 24 and 25, Township 50 South; Range 26 East, and Sections 19 and 30; Township 50 South, Range 27 East, consisting of 2,262x acres. ADOPTION HEARING (Coordinator. Corby Schmidt, Principal Planner) (Companion Petitions DRI- 2006 -AR -10147 and PUDZ- 2006 -AR- 10146) S.R.- 84 1 -75 f DAMS BLVD. err hJ CP- 2006 -11 Acmes / r k AA 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 Development Services Dept., Comprehensive Planning Section, 2600 N. Homeshoe.M, Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiand Trail, Suite, 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Com- prehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, September 27, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department,. located at 3335 Tsmiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski Deputy Clerk (SEAL) No 231182592 September 7 2011 Packet Page -163-