Agenda 12/14/2010 Item # 8C
f\qenda Item No 8e
December 14, 2010
Page 1 of 64
EXECUTIVE SUMMARY
Recommendation to approve Remedial Amendments to the Growth Management
Plan, Ordinance 89-05, as amended, to implement a previously approved
Compliance Agreement between the Florida Department of Community Affairs
and Collier County, including Petitioners-in-Intervention, pertaining to Section 24
in North Belle Meade.
OBJECTIVE: For the 80ard of County Commissioners (BCC) to rcview and approve petition
CPR-201O-4 consisting of remedial amcndmcnts to the Growth Management Plan (GMP) to
implement a Partial Stipulated Settlement Agrecment (Compliance Agreement) between the
Florida Department of Community Aflilirs (DCA), Collier County, and Petitioners-in-
Intervention Florida Wildlifc Federation. Collier Audubon Society, Buckley Enterptises, Hideout
Golf Club, Ltd, and John L. Cowan and Jane Ann Cowan, Trustees, and approve its transmittal
to the DC A,
CONSIDERATIONS: [n January 2007. thc Board adopted amendments to the GMP that
included retaining the Rural Fringe Mixed Use District Neutral Lands designation for Section 24
(Township 49 South. Range 26 East) in the North Belle Mead Overlay (NBMO) but imposing
greater habitat protcction standards and use restrictions, via text provisions, than would apply to
other Neutral Lands; this designation jor Section 24 has cOllle to be refen'ed to as "enhanced
Neutral." After reviewing the adopted amendmcnts pertaining to Section 24. tbe DCA issued its
detennination in May 2007 that those amendmcnts were not in compliance with state law, (The
only other amendments !i)Und to bc not in compliance pertained to th" Capital Improvement
Element; those amendments were the subject of a previously approved partial stipulated
settlement agreement. and subsequently adoptcd remedial amendments.) Tbe Florida Wildlife
Federation and Collier County Audubon Socicty intervened on behalf of DCA; Buckley
Enterprises, Hideout Golf Club, Ltd. and John L. Cowan and Jane Ann Cowan, Trustees (three
owners of propetiy in Section 24). intervened on behalf of Collier County, All parties
participated in settlement discussions. supported continued abcyanec of the pending case at the
Florida Division of Administrative Hearings (DOAH). tinally rcached agreement on settlement
tenns, and the Board approved a Compliance Agreement on September 28, 20 I O. The
Agreement was approved by DCA (the final party to sign) on Octobcr 18, 2010. and Recorded
by the Collier County Clerk on November 1, 20 I 0,
Section 24 contains approximately (,51 acres and is comprised of 244 tax parcels. The three
intervener property owners plus Collier County own I <) or those parcels but account Jor 431
acres, or 66% of the acreage in Section 24. Tht. remaining 225 parccls account for the remaining
220 acres. Ofthosc 225 parcels, only thrcc parcels arc 10 acres or larger in size; Ji)Ur parcels are
between about 5 and 8 aercs; the balancc are less than 5 acres, most being :::1 acre, The
relevance of these parcel sizcs is tbat tbe dcnsity limitations approved in tbe settlement
agreement and ineludcd in tbese remedial amendments sbould have minimal impact; on Iv the
owners o{'the three _/ I)-acre parcels would be slIbject to a density reduction as all other parcels
are presently only eligiblc for one dwelling unit (based Oil density of I DU/5 acres or per legal
nonconforming lot). For those three owncrs, their properties arc subject to a density reduction -
/\q<:?ndCJ lteln l\jo. He;
Decernbf:i14, 201 C
f"lage ;2 01 G4
without compensation. Staft' was unsuccessful in an attempt to havc thc Agreement include an
allowancc for those three parccls to retain the residential density of I DlI/5 acres, One of those
three parccls (:!:.16 acrcs) is undeveloped and wooded; one parecl (:1::10 acres) contains a singlc
lumily residence; the third parcel (:!:.2h acres) contains a plant nursery. It is unknown whether
those owners will pursue developmcnt. or lurther development. of their properties with
residential use and, it' so. when,
For the property owned by the three property owner intervcners. the approved Agreement and
these remedial ammdments limit their density thc samc as f()r all other properties (IOU/parcel)
unless they choose to cluster their [JUs. in which case density is I DU/5 acrcs; this density
increase is their incentive to cluster. However, when clustering. there is a greater native
vegetation retention requirement; the project is subject to clustering standards in the Future Land
Use Element and Land Development Code; there is a requirement to participate in a red-
eoekaded woodpecker habitat management plan; and, thc developer must pursue a "safe harbor
agreement" with the U.S. Fish and Wildlife Service which, if successful, will trigger a financial
commitment jj-OITl the developer to implement the associated red-coekaded woodpecker habitat
managemcnt plan. Only the interveners' property ownership is large enough to cluster, given the
64-aere minimum size requirement. Bclow is a density comparison fl)r the intervener properties
with and without clustering,
Hideout
Cowan
Bueklev
Sum
Without Clustering
3 DUs'
6DUs
h DUs
15DUs
With Clustering
37 DUs
IlJ nus
16 DUs
72 DUs
* No nus assigned to existing Hideout gol r course development or the two parcels for which no
development is allowed.
Under the approved settlelTlent agreement and these remedial amendments, j{)r all 244 parcels in
Seetion 24. a total of 240 DUs may be developed without clustering (no DUs assigned to golf
course property. County property, or two parcels for which no development is allowed) and 302
DUs with clustering (no DUs generated Irom County propelly); the dinerenee is 58 DUs.
In the event of clustering, the native vegetation retention requirement is 80'Yo. However, if DUs
are not clustered. there is no broad vegetation retention requircment. rather only a requirement to
retain lJO'Y" of the slash pine trees on site,
FISCAL IMPACT: Approval of this petition will necessitate subsequent preparation of related
Land Development Code amendments. Costs associated with the amendments (primarily, staff
time) are prcsently budgeted. Additionally. because approval ofthis petition containing remedial
GMP amendments will, if j()und "in compliance" and not challenged. settle the case pending at
DOAH. lt will save the County the [not quantiJiedJ expense of preparing j{lr, and participating in,
the administrative hearing (there is no certainty of the outcome of such hearing nor subsequent
aetion by DCA or the Administration Commission. as applicable),
7
i\nencln Iteni f\j(: 8e
Uecernnml.:1,2()'10
PaUE: 3 01 ClL1
GI{OWTH MANAGEMENT IMPACT: Adoption of this petItIon eonslstmg of remedial
GMP amendments would resolve the remainmg outstanding non-eomphanee issues from the
May 2007 Statement of Intent li'OIn DCA.
LEGAL CONSIDERATIONS: On Septemher 28, 2010, the BCC approved a Partial Stipulated
Settlement Agreement I"r the Division of Administrative Hearing case initiated hy the DCA who
j'JUnu the amendments relative to Section 24 Not in Compliance. The DCA approved the
Agreement on Oetoher 18. 20 I O. The Agreement ineludes a requirement that the implcmenting
remcdial GMP amcndments be adopteu within 60 days aileI' approval [hy DCA. the final party to
signJ. The Board's Deccmher 14.2010 hearing is within 60 days of the DCA's approval of the
Agrecment. The remedial amendments in this petition retleet the terms set f(lrth in Exhihit B to
the Agreement. If these remedial amendmcnts arc auopted, t'JUnu to be'''in compliance" with
Florida Statutes hy the DCA, and the 21-day challenge period enus without a challenge to that
compliance determination. then that part of the DOAH case. which is all that remains, will he
dismissed, - STW
RECOMMENDATION: That the Boaru approves petition CPR-20 I 0-4. therehy auopting
remedial amcndmcnts to the GMP, anu its transmittal to the DCA
Prepareu hy: David Weeks. AICP, GMP Manager. Comprehensive Planning Section, Lanu
Development Services Department. Growth Management Division/Planning and
Regulation
Attachments: I) NBMO Map; 2) Exeeuteu and Reeordeu Second Partial Stipulated Settlement
Agreement; 3) Ordinance; 4) Ordinance Exhihit A. Future Lanu Use Element text; 5) Oruinanee
Exhibit A. Conservation and Coastal Management Element text; 6) Ordinance Exhibit A, NBMO
Section 24 Map
EXSUM CPR-2010-4 Remedial Amendmenl- See 24 settlement agreement
G:\ComprehensiveICOMP PLANNING GMP DATA\Comp Plan Amendments\2009.2010 Combined Cycles petitionsl2010 Cycle Petitions\CPR-2010-4 Sec, 24
Compliance Agreement-based dw/11-18-10
3
Item Number:
Item Summary:
Meeting Date:
(~UC!!I(j;': ILenl [-~() He
[Jecl:;lT1ber '14,2010
F'a[Jc, ,1 of (;4
COLLIER COUNTY
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
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DEPARTMENT OF COMMUNITY
AFFAIRS,
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Petitioners.
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and
FLORIDA WILDLIFE FEDERATION
and COLLIER COUNTY AUDUBON
SOCIETY
INSTR 4491141 OR 4619 PG 1652
RECORDED 11/1/20102:40 PM PAGES 35
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $299.00
Petitioners- in- Intervention
v.
DOAH Case No, 07-23 I 7GM
COLLIER COUNTY
Respondent
and
BUCKLEY ENTERPRISES, HIDEOUT
GOLF CLUB, L TO, JOHN L. COW AN
and JANE ANN COWAN, TRUSTEES,
Respondents- in- In tervention.
I
SECOND PARTIAL STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs; Petitioners-in-Intervention Florida Wildlife
Federation and Collier County Audubon Society; Respondent Collier County; Respondents-in-
Intervention Buckley Enterprises. Hideout Golf Club. L TO, and John L. Cowan and Jane Ann
Cowan, Trustees, as a complete and final settlement of all claims related to Ordinance No. 07-18
raised in the above-styled proceeding.
RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (DCA or
Department), is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, Part II, Florida Statutes; and
WHEREAS, Collier County (Local Government) is a local government with the duty to
adopt comprehensive plan amendments that are "in compliance;" and
WHEREAS, the Local Government adopted Comprehensive Plan Amendment 07-1 ER
(Plan Amendment) by Ordinance Nos. 07-18 on January 25, 2007; and
WHEREAS, the Plan Amendment proposes changes to the Future Land Use Map and the
Future Land Use Element as it pertains to Section 24; and
WHEREAS, the Department issued its Statement of Intent on May I, 2007, and
published its Notice of Intent regarding the Amendment on May 2, 2007; and
WHEREAS, as set forth in the Statement ofIntent, the Department contends that the
Amendment is not "in compliance" for failure to protect certain natural resources; and
WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the
above-styled formal administrative proceeding challenging the Amendment; and
WHEREAS, the Florida Wildlife Federation and the Collier County Audubon Society
were granted petitioners-in-intervention status on June 4, 2007; and
WHEREAS, Buckley Enterprises, Hideout Golf Club, Ltd, and John L. Cowan and Jane
Ann Cowan, Trustees were granted respondents-in-intervention status on July 24, 2007; and
WHEREAS, the Local Government and the respondents-in-intervention dispute the
allegations of the Statement ofIntent regarding the Amendment; and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy
litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their
respecti ve mutual best interests to do so;
2 of 12
--- "''''''''''''''-~-----'
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree
as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following words and phrases shall
have the following meanings:
a, Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part n, Chapter 163. Florida Statutes.
b. Agreement: This stipulated settlement agreement.;
c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive
plan amendment 07-IER adopted by the Local Government on January 25, 2007, as Ordinance
No. 07-18,
d. DOAH: The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163.3184(1 )(b), Florida Statutes.
f. Notice: The notice of intent issued by the Department to which was
attached its statement of intent to find the plan amendment not in compliance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described in the statement of intent or this agreement as an action
which must be completed to bring the plan amendment into compliance.
I. Remedial Plan Amendment: An amendment to the plan or support
document, the need for which is identified in this agreement, including its exhibits, and which
the local government must adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with
3 of 12
and substantially similar in concept and content to the ones identified in this Agreement or be
otherwise acceptable to the Department.
J. Statement ofIntent: The statement of intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or Remedial
Plan Amendment.
2. Department Powers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendment is in compliance.
3. Negotiation of Agreement. The Department issued its Notice and Statement of
Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that
effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the
issues in the Petition, Notice and Statement ofIntent through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this proceeding.
4. Dismissal. If the Local Government completes the Remedial Actions required by
this Agreement, the Department will issue a cumulative Notice of Intent addressing both the
Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The
Department will file the cumulative Notice ofIntent with the DOAH. The Department will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for
realignment of the parties, as appropriate under Section 163.31 84(16)(t), Florida Statutes.
5. Description of Provisions not in Compliance and Remedial Actions: Legal Effect
of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies
the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance.
Exhibits A and B are incorporated in this Agreement by this reference. T'l\is Agreement
constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will
be in compliance.
40f 12
6 Remedial Actions to be Considered for Adootion. The Local Government agrees
to consider for adoption by fonnal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 AdoPtion or Approval of Remedial Plan Amendments. Within 60 days after
execution of this Agreement by the parties, the Local Government shall consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents. This may
be done at a single adoption hearing. Within 10 working days after adoption of the Remedial
Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the
Department as provided in Rule 9J-II.0131(3), Florida Administrative Code. The Local
Government also shall submit one copy to the regional planning agency and to any other unit of
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment and a copy to any party granted intervenor status in this
proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a
letter which describes the remedial action adopted for each part of the plan amended, including
references to specific portions and pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the "based
upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan
Amendment.
9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days
after receipt of the adopted Remedial Plan Amendments and Support Documents, the
Department shall issue a Notice ofIntent pursuant to Section 163.3184, Florida Statutes, for the
adopted amendments in accordance with this Agreement.
a. In Compliance: If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a cumulative Notice ofIntent addressing both the Plan Amendment
and the Remedial Plan Amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to realign the parties or to have this proceeding
dismissed, as may be appropriate.
5 of 12
b. Not in Comoliance: If the Remedial Actions do not satisfy this
Agreement, the Department shall issue a Notice ofIntent to find the Plan Amendment not in
compliance and shall forward the notice to DOAH for consolidation with the pending
proceeding.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
II. Purpose of this Agreement: Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendment. The acceptance of proposals for
purposes ofthis Agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of, and does not establish precedent for, the use of these
proposals in any other circumstances or by any other local government.
12. Approval bv Governing Bodv. This Agreement has been approved by the Local
Government's governing body at a public hearing advertised at least 10 days prior to the hearing
in a newspaper of general circulation in the manner prescribed for advertisements in Section
163.3184(16)( c), Florida Statutes. This Agreement has been executed by the appropriate officer
as provided in the Local Government's charter or other regulations.
13. Changes in Law. Nothing in this Agreement shall be constmed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party.
6 of 12
"~'-""'"'~~'";--'._--
15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney
fees, incurred in connection with the above-captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties. Upon the filing of this Agreement, the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163.3184(16)(b), Florida Statutes.
18. Retention of Right to Final Hearing.. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this
Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not proceeding in good faith to take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the
parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
21, Governmental Discretion Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is exercisable in accordance
with law only upon the giving of appropriate public notice and required public hearings.
22. Multiole Originals. This Agreement may be executed in any number of originals,
all of which evidence one agreement, and only one of which need be produced for any purpose,
23. Captions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
7 of 12
In witness whereof, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
By:
~ Q... L J J..-l J '"l"'...
Charles Gauthier, AICP, Director
Division of Community Planning
IT
eneral Counsel
. d as to form and legality:
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Date
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Date
80fl2
COLLIER COUNTY
ATTEST:
DWIGHT E. BROCK, Clerk
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Approved as to form and legality:
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Steven T. Williams
Assistant County Attorney
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Date
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAI
a, J 2.8 lip
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9 of 12
FLORIDA WH.DLlFE FEDERATION
By:
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Date
COLLIER COUNTY AUDUBON SOCIETY
By:
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Date I I
IO of 12
/
Approved as to form and legality:
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Thomas Reese, Esquire
Date
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Thomas Reese, Esquire
Date
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BUCKLEY ENTERPRISES
BY:~~
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Date
HIDEOUT GOLF CLUB, LTD
By:
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Date
II of 12
Appruv..J as to form and legality:
R~~n~e
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Date
Approved ,~s to form and legality:
-(LG~~
Richard Y ovanovich, Esquire
I Q "/1 '\)
Date
JOHN L. COW AN and JANE ANN COWAN, TRUSTEES
Approved as to fonn and legality:
By:
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John L Cowan
~.~J1_{!co[).--=-r
Michael A. Durant, Esquire
/ 6/, It 0
Date '
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Date
12 of 12
05/23/2007 12:00
8509222679
May 232007 11:53
DCA GENERAl COUNSEL
PAGE 05112
EXHIBIT A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: COLLIER COUNTY
COMPREHENSrvE PLAi."f AMENDMENT
07-1 ER Ai.\IENDlNG FUTURE LAND USE ~ocket No. 07-ER-NOI-1101-(A)_{N)
ELEMENT MAP AND TEXT, THE CAPITAL
L'vIPROVEMENTS ELEMENT.
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT$
NOT IN COMPLIANCE
The Florida Department of Community Affairs (Departmenl), pursuant to Rule 9J-
11.012(6), Florida Administrative Code, hereby issues this Statement of Intent to find the Collier
County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle
Meade and the associated text amendments to the Future Land Use Element adopted by
Ordinance Number 07-18, On JanullJy 25, 2007 not "in compliance", and also finds the Capital
Improvements Element, adopted by Ordinance Number 07-07, on January 2S, 2007, not "In
compliance" based upon the Objections, Recommendations and Comments Report issued by the
Department on July 28,2006, which is hereby incorporated by reference. The Department finds
that the Amendments are not "in compliance" as defined in Section] 63.3 I 84(1)(b), Florida
Statutes, because they are not consistent with Chapter 163, Part II, Florida Statl/les, the State
Comprehensive Plan (Chapter 187. Florida Statutes), and Rule 91-5, Florida Administrative
Code. for the following reasons:
1. CONSISTENCY WITH CHAPTER 163 FLORIDA STATUTES. AND RULE 9]-5.
FLORIDA ADMINISTRATIVE CODE
A. INCONSISTENT PROVISION~
05/23(2007 12:00
8509222579
May 23 2007 11:53
DCA GENERAL COUNSEL
PAGE 06112
1. Ordinance No. 07-18: Future Land Use Element and MaD Series Amendment: The
inconsistent provisions of the Fllture land Use Element and Map series pertain to changes to
North Belle Meade Overlay as follows:
Natural Resource Protection: The Future land Use ~!ap as it pertains to Section 24,
and the text changes on page 45 of the strike Ihrough and underline version of the plan as
it pertains to Section 24 are not in compliance because:
1. It is internally inconsistent with the provisions ofBl.d, on page 44 of the
strikethrough and underlioe version, pertaining' to Red Cockaded W oodpe(kel$
(ReW) because the best available data indicate that Section 24 contains RCW habitat
and therefore should be designated as Sending Lands consistent with the definition of
Sending Lands in the County's comprehensive plan, According to the
Comprehensive plan Sending lands "are those lands that have the highest degree of
environmental value and sensitivity and generally include signillcant wetlands,
uplands, and habitat for listed species".
2. The Future Land Use Map as il pertains 10 Ihe Section 24 is also inconsistent with
Rule 9J-5.013(2)(b)4 which requires the County to conserve, appropriately use and
prolect wildlife habitat. This is because the best available data indicate that RCW
habItat is present on Section 24 and as such the property should be designated as
Sending Lands.
3. Furthermore, these amendments are nol "in compliance" because they fail to respond
appropriately to the best available data regarding environmental characteristics of
Section 24. Rule 9J-5.005(2)(a) F,AC, requires the comprehensive plan, as well as
plan amendments to be based upon relevant and appropriale data and analyses.
2
65/23(2667 12:66
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May 23 2007 11 :54
DCA GE/oERAl CCUNSEl
PAGE 67/12
[Chapter 163.3 I 77(6)(a), (d), & (8)., Florida Statutes (F.S.); 91-5.005(2) and (5), 9J-
5.006(3)(b)4., (3)(c)\., & 6.; 91-S.013(2)(b)J.. & 4., & (2)(c)5:, 6., & 9.. Florida
Administrative Code (F AC)).
2. Ordiunce #: 07-07: ClloltllllmofOVemenQ Element Chan2es: The inconsistent
provisions of the Amendment under this subject beading are as follows:
1. The Schedule oCCapital rmprovements covers four years instead oftive years as
required. This is inconsistent with tbe requirement thatloca! governments adopt and
maintain as part of their comprehensive plm a Five- Year Schedule of Capital
Improvements.
2. The funding sources for the identified improvements are not stated per year of
improvement. Instead, it is stated for all the projects listed on the schedule for each type
of capital facility. For example, in the case of roads. revenues will come from gas tax,
impact fees, bond, carry fonvatd, grmts, developer contribution (i.e., Ave Maria), general
fund, and transfers. As a result, it is not possible to detennine iflhe proje<:t is funded by
committed or planned sources in order to demonstrate the financial feasibility of the
schedule. Slate law requires that projects be funded with committed sources of funds for
years 1 through 3, and with committed and or planned sources in the 4'h md .s'h years.
3, The projected revenues for each of the identified sources are not provided; as a result, it
is nol possible to demonstrate and determine the financial feasibility ofrhe schedule, i.e.,
to detcrmine that the County will indeed generale the funds from those sources to pay for
the improvements,
[Chapter 163.3164(32), 163.3177(2) & (3Xa), 16J.3177(6)(a). (c), (8), & (lO)(e), F.S.,
and 91-5.005(2)(a), (c), & (e), 9J.5.006(2)(a). 91-5,01 1 (I)(b). O)(!). (2)(b)1. & 2.. &
(2)(c)L. and 9J-5.016(1), (2), (J)(b)l. 3, 4, 5. (3)(c)6. & 8. and (4), and 9J-5.0/9(4)(c)1.,
F.A.C]
3
05/23(2007 12:00
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May 23 2007 11 :54
DCA GENERAL CIJU.lSEL
PAGE 08(12
B. Recommen'ded remedial actions: The above inconsistencies may be remedied by taking the
following actions:
I, Ordinance No. 07-18: Future Land Use Element and MaD Series Amendment:
Re~'ise the North Belle Meade Future Land Use Overlay Map to change the land use
designation for Section 24 from Neutral lands to Sending Lands in order to be consistent
with the Sending Lands provisions oflhe Plan, as well as with amended Section oflhe
plan pertaining to Red-Cockaded Woodpeckers (RCW). (page 44) of the l,'eVlsed Future
Land Use Element (strikethrough and underline version). At the same time, the County
should delete the additional requirements and limitations imposed on development in
Section 24 (page 45) ofthe revised future Land Use Element (strikethrough and
underline version) and treat the Section 24 Sending Land the same way as other Sending
Lands in North Belle Meade.
2. Ordinance No, 07-07: CaDit.1 ImDrovements Element CbaDl!es:
1. Revise the Five -Year Schedule of Capital Improvements to cover five years as required.
2. Indicate the funding sources for each improvement included on the schedule for every
year listed for that improvement. If the funds are coming from multiple sources, indicate
the percentage of the funds for that project thai will come from each slat~ funding
source. If a project is to be funded by State. CQunlY, or private contributions, the
schedule should indicate that, and in addition show the percentage that will come fwm
each contributor. For private contributions, the agreement between the county and the
private contributor that guarantees the funds should be referenced in the schedule and
included as an attachment. For the first three years the funds must come from committed
4
05/23/2007 12:00
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May 232007 11:54
DCA GENERAL COUNSEL
PAGE 09(12
sources while for the remaining two years it could come from committed and or planned
funding sources. You could use abbreviations to denote the funding SOUI'CCS and provide,
as a footnote. the meaning of each abbre~'iation.
3. Provide data and analysis projecting the revenues and expenditures of the Counw for
each of the sources that will be used to fund the capital improvements listed on the
schedule and covering the duration of the schedule. The projections should include a
briefhistoricaJ perspective of the County's ability to raise money from each source and
based on that provide a projection of funds for the future. The analysis should show that
there are sufficient funds, after the expenditures are removed, to pay for the capital
improvements listed on the schedule.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent ul'Ovisions. The Amendment is inconsistent with the Slate
Comprehensive Plan goals and policies set forth in Section 187.201, Flor/do Statlltes, including
the following provisions:
1. Natural Systems and Recreation Lands Goal (9)(a), Policy(b)I., 3.,4., regarding the
protection of wildlife and wildlife habitats, with respect to Ordinance No. 07-18; and
Z, Land Use Goal (15)(a), Policy(b)2., regarding the development of a system ofincentives
and disincentives which encourages a separation of urban and rural land uses while protecting,
among other things, wildlife habitats. with respect to Ordinance No. 07-18; and
3. Public Facilities Goal (l7)(a), Policies (b)6, & 9, regarding the provision ofpublic
facilities, witb respect to Ordinance No. 07-07.
8. Recommended remedial action. These inconsistencies may be remedied by revising
the Amendment as described earlier in this statement of intent.
5
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DCA GENERAL <nJNSEL
PAGE 16/12
CONCLUSIONS
1. The Amendment is not consistent with the Stale Comprehensive Plan.
2. The Amendment is not consistent with Chapter 9]-5, Florida Admillis/rallve Code.
3. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida
Statutes.
4. The Amendment is not "in compliance," as defined in Section 163.31!l4(1)(b) Florida
Sta/utes.
5. In order to bring the Comprehensive Plan amendment into compliance, the County may
complete the recommended remedial actions described above or adopt other remedial actions
that eliminate tbe inconsistencies.
JJ- .
Executed this.L day oEMay 2007, at Tallahusee, Florida.
Yt (k h~c t2~.J
Mike McDaniel, Chief.
Comprehensive Plal11ling
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Ta!lahassee, Florida 32399-2100
6
EXHIBIT B
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS et al. v. COLLIER COUNTY et
al.
DOAH CASE NUMBER 07-2317GM
DCA Docket Number 07-ER-NOI-llOl-(A)-(N)
This proposal will settle the issues cited in the Department's Statement of Intent to find
the Collier County Comprehensive Plan amendment adopted by Ordinance 07-18 Not in
Compliance.
The terms below apply to Section 24, Township 49 South, Range 26 East, located in the
North Belle Meade Overlay of Collier County (Section 24).
I. Sending Lands non-residential uses as they exist at the time of the adoption of this
agreement, in Section II.B.I.C) of the Future Land Use Element of the
comprehensive plan, are allowed. except as otherwise provided in this Agreement
for certain properties. Some or all Neutral Lands non-residential uses are allowed
on certain properties as provided for later in this Agreement.
2. Residential uses are allowed. The development density shall be one (I)
residential dwelling unit per lot of record or legal non-conforming lot of record as
it exists on the date of adoption of this Agreement if no clustering takes place.
3. For any clustered development, the maximum density shall be one (I) residential
dwelling unit per five (5) acres, or 0.2 residential dwelling units per acre. The
minimum gross acreage for clustering a single residential development shall be 64
acres.
4. For any clustered development, the lot size shall not exceed an average of one
acre, exclusive of areas to be dedicated. conveyed or set aside for right-of-way
purposes. Depending on the recommendations of the Red-cockaded Woodpecker
(RCW) Habitat Management Plan required in paragraph 12 for clustered
development, the lot size may be required to be less.
5. Interim, private water and sewer facilities shall be allowed to serve clustered
developments until such time as County central water and sewer service becomes
available.
6. For any clustered development, a minimum of eighty percent (80%) of the native
vegetation shall be preserved in a manner which is consistert with the
Conservation and Coastal Management Element, Policy 6.1.2e.-g., as it exists on
the date of the adoption of this agreement.
7. F or any development that is not clustered, ninety percent (90%) of the slash pine
trees shall be preserved, and a greater amount may be preserved at the discretion
of the property owner, unless the RCW Habitat Management Plan recommends a
lesser amount.
8. Any clustered residential development requires participation in a RCW Habitat
Management Plan and the requirements set forth in Paragraph 12 of this
Agreement. Any non-residential development consistent with Neutral Lands non-
residential uses, as authorized later in this Agreement for certain properties,
requires participation in a RCW Habitat Management Plan and the requirements
set forth in Paragraph 12 of this Agreement.
9. Specific additional development standards and use limitations/allowances for the
Hideout Parcels in Section 24:
2
a. Hideout will be authorized to cluster and construct 37 residential dwelling
units on its parcels, in a single cluster, within the areas colored green on
the attached map of Section 24. These dwelling unit figures are based
upon total Hideout ownership in Section 24 (approximately 187 acres).
b. Clustered residential development by Hideout shall take place only in the
parcels colored green on the attached map, and shall be located in an area
of the property determined by the RCW Habitat Management Plan to be
most appropriate for development. For the location of the clustered
development, the RCW Habitat Management Plan shall consider areas
already developed and highly impacted, as well as areas contiguous to
areas in the southeast part of Section 24 that are already developed and
highly impacted.
c. No development shall take place on the two Hideout parcels adjacent to
the existing Hideout Golf Course (identified by striping pattern on the
attached map of Section 24).
d. All other cluster provisions and .requirements for Neutral Lands shall be
applicable to the three green Hideout parcels (identified on the attached
map of Section 24) set aside for development purposes. These cluster
provisions and requirements are set out in the Rural Fringe
Comprehensive Plan Amendments adopted June 19,2002, by Ordinance
number 2002-32, and incorporated into the comprehensive plan, and
subsequently adopted into the Collier County Land Development Code,
Ordinance No. 04-41, as amended,
3
e. The three Hideout parcels colored green (identified on the attached map of
Section 24) are limited to residential uses and associated accessory uses,
essential services, and parks, open space, and recreational uses, as well as
necessary infrastructure to serve such development - all as provided for in
the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use
Element in the Comprehensive Plan, and as stated in paragraph 12.f.(4)(b)
of this Agreement.
f. For the three Hideout parcels colored green and the two striped Hideout
parcels (as depicted on the attached map of Section 24), which total
approximately 81 acres, the native vegetation requirement in accordance
with paragraph 6. of this agreement shall be approximately 65 acres.
g. Hideout's approximately 65 acres of native vegetation shall be conveyed
to Conservation Collier, a Home Owners Association, or other like entity,
for the purposes of conservation and preservation. The conveyance shall
be in the form of a conservation easement (CE), or other instrument
acceptable to the entity.
(I) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area in association with the Safe Harbor
Agreement as described below.
(2) Such entity shall provide financial assurances to Collier County, in
the fonn of a bond, letter of credit, or equivalent, of its ability to
4
implement and permanently maintain this RCW Habitat
Management Plan.
h. As set forth in paragraph 8., for any clustered residential development and
for any non-residential development, Hideout will participate in the
Habitat Management Plan and all other requirements of Paragraph 12 of
this Agreement.
I. For any future redevelopment of the seven Hideout parcels colored yellow
(identified on the attached map of Section 24) to change the use from golf
course, these parcels are allowed to develop with any of the non-
residential uses provided for in the Rural Fringe Mixed Use District
Neutral Lands of the Future Land Use Element in the Comprehensive
Plan, and are subject to all requirements and limitations of Neutral Lands.
10. Specific additional development standards and use limitations for the Cowan
parcels in Section 24:
a. In accordance with paragraph 2 of this Agreement, on Cowan's parcels
totaling 97,7 acres, Cowan is entitled to develop one (I) residential
dwelling unit on each of his six (6) lots of record as they exist on the date
of adoption of this settlement agreement if no clustering takes place.
b. For clustered development, in accordance with paragraph 3 of this
Agreement, the maximum density shall be one (I) residential dwelling
unit per five (5) acres, or 0.2 residential dwelling uni,ts per acre, not to
exceed 19 residential dwelling units on the Cowan property.
5
c. If Cowan chooses clustered development, Cowan, 'or his assigns, will
participate in an RCW Habitat Management Plan and the requirements
outlined in Paragraph 12 of this Agreement, and shall expend a sum of
money to promptly implement the RCW Habitat Management Plan for
Cowan's parcels totaling 97.7 acres. This initial amount ("Initial
Management Amount") shall be no greater than $30,000.00. Once the
RCW Habitat Management Plan is implemented, Cowan, or his assigns,
agrees to fund the Initial Management Amount plus five percent (5%) per
year, which shall accrue annually, as an inflation adjustment.
d. Up to two (2) clustered developments shall be pennitted on Cowan's 97.7
acres. The c1uster(s) shall be located in an area(s) of the property
detennined by the best available data, including the RCW Habitat
Management Plan, to be most appropriate for development.
e. Development within the Cowan southernmost approximately)6-acre
parcel (Lot 35, Naples Farm Sites, Inc., identified on the attached map of
Section 24, the "Lot 35 Parcel") next to the existing Hideout Golf Course
(the seven parcels colored yellow on the attached map of Section 24) shall
consist of road access and up to three clustered dwelling units. These
dwelling units shall be part of the total number of clustered dwelling units
assigned to the Cowan property. Accordingly, if three dwelling units are
developed in the Lot 35 Parcel, then three dwelling units shall be
subtracted from the total number of dwelling units, and Cowan may
develop the remainder of units in a single cluster elsewhere on Section 24
6
Cowan property as set forth above. The lot sizes of the Lot 35 Parcel
clustered dwelling units shall not exceed an average of one acre per lot,
exclusive of areas to be dedicated, conveyed or set aside for right-of-way
purposes.
f. If clustering occurs. all other cluster provisions and requirements for
Neutral Lands shall be applicable to the Cowan parcels set aside for
development purposes. These cluster provisions and requirements are set
out in the Rural Fringe Comprehensive Plan Amendments adopted June
19,2002, by Ordinance number 2002-32, and incorporated into the
comprehensive plan, and subsequently adopted into the Collier County
Land Development Code, Ordinance No. 04-41, as amended.
g. The Cowan parcels are limited to residential uses and associated accessory
uses, essential services, and parks, open space, and recreational uses, as
well as necessary infrastructure to serve such development - all as
provided for in the Rural Fringe Mixed Use District Neutral Lands of the
Future Land Use Element in the Comprehensive Plan, and as stated in
paragraph l2.f.(4)(b) of this Agreement.
h. Ifclustering occurs, Cowan's approximately 78 acres of native vegetation
shall be conveyed or granted by a conservation easement (CE) or deed (as
detennined by Cowan or his assignee) to Conservation Collier, a Home
Owners Association, or other like entity, its successors and assigns, a non-
exclusive easement. license, and privilege to enter upon, maintain,
preserve and conserve such property and wildlife.
7
(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area referenced in paragraph IOc above
and in association with the Safe Harbor Agreement as described
below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
implement and permanently maintain this RCW Habitat
Management Plan.
t. As set forth in paragraph 8" for any clustered residential development and
for non-residential development, Cowan will participate in the Habitat
Management Plan and all other requirements of Paragraph 12 of this
Agreement.
II. Specific additional development standards and use allowances for the Buckley
parcels in Section 24:
a. In accordance with paragraph 2 of this Exhibit B, on Buckley's parcels
totaling approximately 81 acres, Buckley is entitled to develop one (I)
residential dwelling unit on each of his six (6) lots of record as they exist
on the date of adoption of this settlement agreement if no clustering takes
place.
b. For clustered development, in accordance with paragraph 3 of this Exhibit
B, the maximum density shall be one (I) residential dwelling unit per five
8
(5) acres, or 0.2 residential dwelling units per acre, not to exceed 16
residential dwelling units.
c. If Buckley chooses to cluster development, Buckley will participate in an
RCW Habitat Management Plan and the requirements set forth in
Paragraph 12 of this Agreement and agree to expend a sum of money to
promptly implement the RCW Habitat Management Plan. This amount
shall be $30,000.00 plus five (5) percent per year as an inflation
adjustment. Once the RCW Habitat Management Plan is implemented,
Buckley agrees to fully fund the ongoing maintenance costs.
d. Only one clustered development shall be allowed on Buckley's
approximately 81 acres. and that cluster shall be located in an area of the
property determined by the best available data, including the RCW Habitat
Management Plan, to be most appropriate for development. For the
location of the clustered development, the RCW Habitat Management Plan
shall consider areas already developed and highly impacted, as well as
areas contiguous to areas in the eastern portion of Section 24 that are
already developed and highly impacted.
e, If clustering occurs. all other cluster provisions and requirements for
Neutral Lands shall be applicable to the Buckley parcels set aside for
development purposes. These cluster criteria are set out in the Rural
Fringe Comprehensive Plan Amendments adopted June 19,2002, by
Ordinance number 2002-32, and incorporated into the comprehensive
9
plan, and subsequently adopted into the Collier County Land Development
Code, Ordinance No. 04-41, as amended.
f. If Buckley chooses to cluster residential development, the native
vegetation requirement in accordance with paragraph 5. ofthis agreement
is approximately 65 acres.
g. If Buckley chooses to cluster residential development, approximately 65
acres of native vegetation shall be conveyed to Conservation Collier, a
Home Owners Association, or other like entity, for the purposes of
conservation and preservation. The conveyance shall be in the form of a
conservation easement (CE), or other instrument acceptable to the entity.
(I) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area in association with the Safe Harbor
Agreement as described below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
implement and permanently maintain this RCW Habitat
Management Plan.
h. Notwithstanding the provisions of paragraph I l.a.-g. above, the Buckley
parcels are not restricted to residential use, but rather are allowed to
develop with any of the uses provided for in the Rural Fringe Mixed Use
District Neutral Lands of the Future Land Use Element in the
Comprehensive Plan.
10
'_._''''"'''1'____''___'_'__ -
i. The following conditions apply if Buckley chooses to develop any of the
non-residential uses provided for in the Rural Fringe Mixed Use District
Neutral Lands of the Future Land Use Element:
(I) Rural Fringe Mixed Use District Neutral Land uses, with the
exception of facilities for the collection, transfer, processing and
reduction of solid waste and the exception of earth mining, may be
developed if Buckley participates in a RCW Habitat Management
Plan and agrees to expend a sum of money to promptly implement
the associated RCW Habitat Management Plan. This amount shall
be $30,000.00 plus five (5) percent per year as an inflation
adjustment. Once the RCW Habitat Management Plan is
implemented, Buckley agrees to fully fund the ongoing
maintenance costs.
(2) Non-residential Rural Fringe Mixed Use District Neutral Land uses
shall be located in an area of the property detennined by the best
available data, including the RCW Habitat Management Plan
studies, to be most appropriate for non-residential development.
(3) For Non-residential Rural Fringe Mixed Use District Neutral Land
uses in Section 24, native vegetation shall be preserved in a
manner which is consistent with the Habitat Management Plan and
the County's Conservation and Coastal Management Element,
Policy 6.1.2e,-g., as it exists on the date of the adoption of this
agreement.
11
12. Safe Harbor Agreement
a. Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) shall apply for and pursue a Safe
Harbor Agreement with associated RCW Habitat Management Plan with
the U.S. Fish and Wildlife Service for the approximately 81 acres (Cowan
97.7 acres and Buckley 81 acres) ofland they own in Section 24 that are
described in paragraph 9.f.
b. If approved, the RCW Habitat Management Plan will require such
management techniques as the mechanical or manual thinning of trees and
understory, and the removal of combustible materials to levels which
would permit a "controlled bum" that would not destroy, but would
maintain, the presence of a sufficient amount of slash pine trees for RCW
foraging and cavity tree nests.
c. Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) agrees to pay all legal and
permitting fees related to their effort to obtain approval of the Safe Harbor
Agreement. Additionally, if successful in obtaining a Safe Harbor
Agreement, Hideout (and Cowan or Buckley at such time either Cowan or
Buckley chooses to cluster residential density) agrees to expend a sum of
money to promptly implement the associated RCW Habitat Management
Plan. This amount shall be $30,000.00 plus five (5) percent per year as an
inflation adjustment. Once the RCW Habitat Management Plan is
implemented, Hideout (and Cowan or Buckley at such time either Cowan
12
,.-~ -~~.......,..~..-""
or Buckley chooses to cluster residential density) agrees to fully fund the
ongoing maintenance costs.
d, The Safe Harbor Agreement and associated RCW Habitat Management
Plan must provide that Hideout (and Cowan or Buckley at such time either
Cowan or Buckley chooses to cluster residential density) can develop 37
residential dwelling units (Cowan 19 units and Buckley 16 units) in the
areas colored green (Cowan blue, and Buckley uncolored) as set forth on
the attached map. The RCW Habitat Management Plan must also delineate
the maximum area that may be cleared, in accordance with the applicable
provisions of the Growth Management Plan, within the green areas
(Cowan blue, Buckley uncolored) set forth on the attached map. The Safe
Harbor Agreement must allow 20% of Hideout's approximately 81 acres
(approximately 16 acres) (Cowan 19.54 acres and Buckley approximately
16 acres) to be cleared when development occurs.
e. The County, Department of Community Affairs (DCA), Florida Wildlife
Federation (FWF), and Collier County Audubon Society (CCAS)
acknowledge that once the RCW Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
protection of other state and federal listed species that may be present on
the approximate 81 acres of land owned by Hideout (97.7 acres owned by
Cowan and approximately 81 acres owned by Buckley) and described in
paragraph 9,[ Hideout (and Cowan or Buckley at such time either Cowan
or Buckley chooses to cluster residential density) agrees to comply with
13
all federal and state listed species criteria for development within the areas
that will be allowed to be cleared pursuant to the Safe Harbor Agreement.
f. The County, DCA, FWF, and CCAS agree to not comment to any of the
state and federal permitting agencies during the permitting process for the
Hideout (and for Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) parcels so long as the following
takes place:
(1) The projects are clustered; and
(2) The Safe Harbor Agreement with associated RCW Habitat
Management Plan is approved and being implemented; and
(3) The referenced CE or fee simple title is granted to the appropriate
entity for management of the RCW habitat; and
(4) Permit applications are consistent with this Stipulated Settlement
Agreement and all provisions of the Collier County comprehensive
plan, except they are not subject to:
(a) the Conservation and Coastal Management Element, Objective
2.1 and subsequent policies; Goal 6 and subsequent objectives
and policies, excluding policies 6, 1.2e.-g., 6.1.4, 6.1.5, and
6.1.7; and, Goal 7 and subsequent objectives and policies; and,
(b) the Future Land Use Element, Rural Fringe Mixed Use
District, Neutral Lands, paragraph 2., t Clustering,
subparagraph d), minimum project size; Paragraph 3.
Allowable Uses, subparagraphs 3.a), d) through h),j) through
14
p), r) and s) [these excepted uses are prohibited]; paragraph 5.
Density Blending [this provision is not available for these
parcels].
g. The FWF and CCAS further agree to use their best efforts to persuade the
National Wildlife Federation and Audubon Society of Florida to refrain
from commenting to any state or federal permitting agencies during the
permitting process for the Hideout developments (and Cowan or Buckley
developments at such time either Cowan or Buckley chooses to cluster
residential density) so long as the following takes place:
(I) See Subparagraphs 12.f. (I) through (4) immediately above.
h. Should Hideout (and Cowan or Buckley at such time either Cowan or
Buckley chooses to cluster residential density) be unable to secure an
acceptable Safe Harbor Agreement with associated RCW Habitat
Management Plan, or should the cost of implementing the RCW Habitat
Management Plan exceed the sum of $30,000.00 plus the inflation factor
set forth herein and no additional funding can be obtained, then Hideout
(and Cowan or Buckley at such time either Cowan or Buckley chooses to
cluster residential density) shall be deemed to have satisfied their Safe
Harbor Agreement and associated RCW Management Plan obligations
pursuant to this Agreement with the contribution of $30,000.00 toward
management of the RCW habitat. In such an event, the remaining
provisions and requirements relating to density. clustering, preservation
and any other applicable development standards ofthis Stipulated
15
Settlement Agreement, and the Collier County GMP, except as excepted
in paragraph 12.f.(4) of this Agreement, remain effective and applicable to
the Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) parcels in Section 24.
The Collier County Comprehensive Plan will be amended as necessary to recognize and
implement this Stipulated Settlement Agreement. This amendment will be initiated by
Collier County at Collier County's expense, except that public notice expenses will be
paid on a proportionate share basis by CoIlier County and the intervener property owners
entering into this agreement.
16
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SECTION 24, TOWNSIIIP 49 SOUTH, RANGE 26 EAST
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SERVICES DIVl~ION
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I'flEPAI1ED !lV: GI<;jCAD MAPPING SECTION
COMMUNITY OE\il:LOPMENT AND ENVlRONM[NTAI
IlAn:, 6/2010 FILE: NFS-244926.0WC
L____________ _____________
:lOOn soon
Agenda Item No, 8e
December 14, 2010
Page 42 of 64
ORDINANCE NO, 10-
AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, BY ADOPTING REMEDIAL AMENDMENTS TO THE
FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP
SERIES, AND THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT; AND BY PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 27, 2004, Collier County adopted an Evaluation and Appraisal
Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida
Statutes; and
WHEREAS, on January 25, 2007, through the adoption of Ordinance No, 07-07, Collier
County adopted the EAR-based amendments to its Growth Management Plan; and
WHEREAS, on May 2,2007, the Florida Department of Community Affairs (DCA) issued
its Notice and Statement of Intent to find certain portions of the County's EAR-based
Amendments to the Future Land Use Element and Conservation and Coastal Management
Element, Ordinance No, 07-07, "not in compliance" as defined by Section 163,3184(1)(b),
Florida Statutes; and
WHEREAS. Florida Wildlife Federation and Collier Audubon Society intervened in these
proceedings as Petitioners-In-Intervention, and Buckley Enterprises, Hideout Golf Club, LTD,
and John L. Cowan and Jane Ann Cowan, Trustees, intervened in the proceedings as
Respondents-in-Intervention; and
WHEREAS, pursuant to Subsection 163,3184(16), Florida Statutl\!s, the DCA, the Collier
County Board of County Commissioners, Petitioners-in-Intervention and Respondents-in-
Intervention entered into a Compliance Agreement on September 28, 2010 to resolve issues
raised in the proceedings; and
WHEREAS, to implement the Compliance Agreement, remedial amendments to the
Future Land Use Element, Future Land Use Map Series, and Conservation and Coastal
Management Element of the Growth Management Plan have been prepared for consideration
by the Collier County Board of County Commissioners; 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 Remedial
Amendments to the Growth Management Plan on December 14, 2010; and
WHEREAS, Collier County has gathered and considered additional Information, data
and analysis supporting adoption of these Remedial Amendments, including the following: the
Agenda Item No, 8e
December 14, 2010
Page 43 of 64
Collier County Executive Summary; and other documents, testimony and information presented
and made a part of the record at the meeting of the Collier County Board of County
Commissioners held on December 14, 2010; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE ADOPTION OF REMEDIAL AMENDMENTS TO THE FUTURE LAND
USE ELEMENT, FUTURE LAND USE MAP SERIES, AND
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE
GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the Remedial Amendments to the
Future Land Use Element, Future Land Use Map Series, and Conservation and Coastal
Management Element of the Growth Management Plan, 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 these Remedial Amendments to the FUTURE LAND USE
ELEMENT, FUTURE LAND USE MAP SERIES, AND CONSERVATION AND COASTAL
MANAGEMENT ELEMENT shall be the date a final order is issued by the Florida Department of
Community Affairs or Administration Commission finding the amendments in compliance in
accordance with Section 163,3184, Florida Statutes, whichever occurs earlier, No development
orders, development permits, or land uses dependent on these amendments may be issued or
commence before it has become effective, If a final order of noncompliance is issued by the
Administration Commission, these amendments may nevertheless be made effective by
adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent
to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd, 3" Floor, Tallahassee, Florida 32399-2100,
2
Agenda Item No. 8e
December 14, 2010
Page 44 of 64
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 141h day of December, 2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BY:
FRED W. COYLE,
CHAIRMAN
Approved as to form and legal sufficiency:
Steve Williams, ",1;J "
Assistant County Attorney ,I'.
3
Future Land Use Element
Remedial Amendment to BCC
Agenda Item No. 8e
December 14. 2010
12/14110 ~alitigof 64
EXHIBIT "A"
FUTURE LAND USE ELEMENT
B. North Belle Meade Overlay
The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for
in Receiving, Neutral, NRPA and non-NRPA Sending Lands. except as provided herein for
Neutral Lands in Section 24. Township 49 South, Range 26 East. and shown on the North Belle
Meade Overlay Section 24 Map. Development and preservation standards within this Overlay
shall be as provided herein.
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1. IN GENERAL
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5. NEUTRAL LANDS
Within the NBM Overlay there are * 1.280 acres of land that are identified as Neutral
Areas. The Neutral Areas consist of two ]/2 sections located at the northeast comer of this
Overlay and Section 24 located in the northwest portion ofthis Overlay. The preservation
standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral
Lands. except as provided below for Section 24. The County has performed an RCW
study for Section 24 and,--ifthe results of the study, in part, are the basis for the below
Drovisions aDDlicable to Section 24. v,arnmt. tHe ]lIaR v,ili be ameRdea.
6. SECTION 24 NEUTRAL LANDS
The following provisions aDPly only to all lands within Section 24, TownshiD 49 South.
Range 26 East. within the North Belle Meade Overlay. shown on the North Belle Meade
Overlay Section 24 Map, and are pursuant to the Dartial stipulated settlement agreement
between the Board of Count v Commissioners. Florida Department of Communi tv Affairs.
Petitioners-in-Intervention and ResDondents-in-lntervention. aPDroved by the Board on
September 28. 2010.
a. All Properties ExceDt Those Specified Below in Paragraphs boo Coo doo e. and f. - Lots
I. 2. 5-12. 20, 21, 36-40 and southerl v POliion of Lot 31. all whether a whole Lot or a
Dortion thereof (uncolored and unlabelled. except for four Collier Countv Lots. on
North Belle Meade Overlay Section 24 Map)
Words underlined are added; words strl:lch threl:::lgl=l are deleted.
1
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. 8e
December 14. 2010
12114/10 ~~of 64
11 Allowable Uses:
a) Agricultural uses consistent with ChaDter 823.14(6). Florida Statutes (Florida
Right to Farm Act)
b) Detached single-familv dwelling units at a maximum density of one dwelling
unit Der 40 acres or one dwelling unit Der lot or Darcel ofless than 40 acres,
which existed on or before June 22. 1999. For the DUfDose of this provision. a
lot or Darcel which is deemed to have been in existence on or before June 22.
1999 is I) a lot or parcel which is Dart of a subdivision recorded in the Dublic
records of Collier County. Florida; or 2) a lot or Dareel whieh has limited
fixed boundaries. deseribed by metes and bounds or other sDecifie legal
description. the descriDtion of which has been reeorded in the Dublic reeords
of Collier County Florida on or before June 22.1999; or 3) a lot or parcel
which has limited fixed boundaries. for which an agreement for deed was
executed Drior to June 22. 1999.
c) Habitat Dreservation and conservation uses.
d) Passive Darks and other Dassive recreational uses.
e) SDorting and Reereational camps. within whieh the lodging component shall
not exceed I unit per 5 grOSS acres.
f) Essential Serviees necessarv to serve Dermitted uses identified in Daragraph
a.l) a) through e). such as the following: Drivate wells and septic tanks; utility
lines, sewer lift stations. and water DUmDing stations; and. interim. Drivate
water and sewer facilities until such time as County central water and sewer
serviee becomes available.
g) Essential Services necessarv to ensure Dublic safety.
h) Oil and gas eXDloration. Where Dracticable. directional-drilling techniques
and/or Dreviousl Y cleared or disturbed areas shall be utilized to minimize
impacts to native habitats.
2) Allowable Conditional Uses:
a) The following uses are conditionally Dermitted subieet to approval through a
publie hearing process:
(I) Commercial uses accessorv to Dennitted uses a.1) a). c) and d). such as
retail sales of produce aeeessorv to farming. or a restaurant accessorv to a
Dark or preserve. so long as restrietions or limitations are imDosed to
insure the eommercial use functions as an accessorv, subordinate use.
(2) Oil and gas field develomnent and Droduction. Where Dracticable.
direetional-drilling techniques and/or Dreviouslv cleared or disturbed areas
shall be utilized to minimize imDacts to native habitats.
Words underlined are added; words str"c1, thro"gh are deleted.
2
Future Land Use Element
Remedial Amendment to Bee
A~enda Item No. se
December 14. 2010
12/14/10 ~iiIi~gof 64
b) In addition to the criteria set forth in the Land Development Code.
Conditional Uses shall be allowed subiect to the following additional criteria:
( 1 ) The aDDlicant shall submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This
plan shall be pali of the required EIS as specified in Poliey 6.1.7 of the
Conservation and Coastal Managcment Element.
(2) Conditions may be imposed, as deemed appropriate. to limit the size.
location, and access to the conditional use.
11 Native Vegetation and Preservation Requirements: Ninetv pereent (90%) of the
slash pine trees shall be prescrved, and a greater amount may be Dreserved at the
discretion of the propertv owner, unless a Red-eockaded Woodpecker Habitat
Management Plan is prepared and it reeommends a lesser amount. Preservation
rcquirements of Poliey 6.1.2 of the Conservation and Coastal Management
Element shall not applv.
b. Hideout ProDefty - Lots 13 and 27 (Striped Pattern and Labeled "Hideout" on North
Belle Meade Overlay Section 24 Map)
I) Allowable Uses: No development is allowed.
e. Hideout Property" Lots 28-30. 31-34 and Northcrly Portion of Lot 30 Combined
(Colored Yellow alld Labeled "Hideout" and "Yellow" on North Belle Meade
Overlay Seetion 24 Map)
I) Allowable Uses:
a) Existing golf course development: OR. redevelop with any of the below uses
b) through nl. subiect to the requirements and limitations of the RFMUD
Neutral Lands designation:
b) Agricultural uses:
c) Dormitories. duplexes and other typcs of staff housing. as may be incidental
to, and in sUPPoli of: conscrvation uses:
d) Staff housing as mav be incidental to, and in support of, safety service
facilities and essential services:
e) SpOliing and Recreational camps. within which the lodging comDonent shall
not exceed 1 unit per 5 gross acres:
t) Essential services:
g) Zoo. aquarium. botanical garden. or other similar uses:
h) Public educational plants and ancillary plants:
i) Facilities for the collection. transfer. proeessing and reduction of solid waste:
j) Community facilities, such as places of worship. childeare facilities.
cemeteries, social and traternal organizations:
k) SDorts instructional schools and camps:
Words underlined are added; words str"E1( tRrB"gA are deleted.
3
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No 8e
December 14,2010
12/14110 ~alilJgof 64
1) Earth mining. oil extraction and related Drocessing;
m) Parks. ODen space, and recreational uses;
n) Private sehools.
2) Native Vegetation and Preservation Requirements: As Drovided for in Policy
6.1.2b. of the Conservation and Coastal Management Element. a minimum of
60% ofthe native vegetation Dresent. not to exceed 45% of the total site area.
shan be preserved.
d. Hideout ProDertv - Lots 22-24 Combined (Colored Green and Labeled "Hideout" and
"Green" on North Bene Meade Overlay Section 24 MaD)
I) Allowable Uses:
a) Thirty-seven (37) clustered dwelling units. single family or multi-familv
(fewer dwening units may be developed at diseretion of owner/developer);
OR.
b) One dwelling unit located on eaeh of the three lots ofrecord (total of three
dwelling units);
c) Essential services;
d) Parks. open space. and recreational uses.
2) Clustering:
a) Only one clustered develomnent is allowed. and a maximum ofthirtv-seven
(37) dwelling units are allowed in that cluster. This dwelling unit figure is
based UDon the total Hideout ownershiD in Section 24 of approximatelv 187
acres.
b) The clustered develomnent may be comprised of single familv dwelling units.
multi-fami1v dwelling units or a combination.
c) The minimum gross acreage for clustering a single residential develoDment
shan be sixty-four (64) acres.
d) Lot size in clustered development shall not exceed an average of one acre.
exclusive of areas to be dedicated. conveved or set aside for right-of-wav
purposes. The lot size mav be required to be less. deDending UDon the
recommendations of the Red-cockaded WoodDecker Habitat Management
Plan required in subparal..'faDh d.5) below.
e) Anv clustered residential development requires participation in a Red-
cockaded Woodpeeker Habitat Management Plan and the requirements set
forth in sUbDaragraDh d.5) below.
f) Clustered residential development shall be located in an area of the proDertv
detennined by the Red-cockaded WoodDeeker Habitat Management Plan to be
most aDDroDriate for development. For the location of the clustered
development, the Red-cockaded WoodDecker Habitat Management Plan shall
Words underlined are added: words str"ct\ thro"gh are deleted.
4
--,........"~,"_.~
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. se
December 14, 2010
12/14110 ~ilIitlgof 64
eonsider areas alreadv developed and highly impaeted in Seetion 24. as well
as areas contiguous to areas in the southeast Dart of Seetion 24 that are already
develoDed and hjghlv impacted.
g) All other cluster provisions and requirements for RFMUD Neutral Lands - set
out in the Rural Fringe ComDrehensive Plan Amendments adoDled June 19.
2002, by Ordinance number 2002-32. and incomorated into the
comprehensive plan. and subsequently adopted into the Collier Countv Land
Develomnent Codc, Ordinance No. 04-41. as amended - shall be aDDlieable.
except where in conflict with cluster Drovisions within this sUbDara~'TaDh 2).
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development. a minimum of eightv Dercent (80%) of
the native vegetation shall be preserved in a manner which is eonsistent with
the Conservation and Coastal Management Element. Policy 6.1.2e.-g.. as that
policy exists on SeDtember 28. 20 I O. However. this 80% shall be calculated
based upon the acreage of these three lots combined with Lots 13 and 27
(aDProximately 81 acres total). yielding a required native vegetation Dreserve
amount of approximatelv 65 acres.
b) For clustered residential development. aPDroximately 65 aeres of native
vegetation shall be eonveved to Conservation Collier, a Home Owners
Association, or other like entity. fix the Dumoses of conservation and
preservation. The conveyance shall be in the fonn of a eonservation easement.
or other instrument aeceptable to the entity.
(I) The entity in whose favor the conservation easement is granted shall be
obligated to implement and maintain the Red-cockaded Woodpecker
Habitat Management Plan that will be develoDed for this area in
association with the Safe Harbor Agreement required in subparagraDh d.5)
bclow.
(2) Such entitv shall Drovide finaneial assurances to Collier County, in the
fonn of a bond. letter of eredit. or equivalent. of its abilitv to implement
and Dennanently maintain this Red-cockaded WoodDecker Habitat
Management Plan.
c) For non-clustered residential devclopment. ninety Dercent (90%) of the slash
pine trees shall be preserved. and a greater amount may be preserved at the
discretion of the Dropeliv owner. unless a Red-cockaded Woodpecker Habitat
Management Plan is prepared and it reeommends a lesser amount.
d) For non-residential devel()])ment. ninety percent (90%) of the slash pine trees
shall be preserved, and a greater amount may be preserved at the discretion of
the Droperty owner. unless the Red-cockaded W oodDeeker Habitat
Management Plan. required in subparagraph d.5) below. recommends a lesser
amount.
Words underlined are added; words <tmEl, tArsugA are deleted.
5
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. 8e
December 14. 2010
12114/10 ~<OOgof 64
4) Non-residential Use Habitat Management Plan Requirement: For non-residential
development, Hideout shall Dartieipate in a Red-eockaded Woodpecker Habitat
Management Plan and the requirements outlined in subparagraDh d.5) below. and
shall eXDend a sum ofmonev to DromDtly implement the associated Red-cockaded
WoodDecker Habitat Management Plan. This amount shall be $30.000.00 plus
five (5) percent per year as an inflation adjustment. Once the Red-cockaded
WoodDecker Habitat Management Plan is implemented. Bueklev shall fullv fund
the ongoing maintenance costs.
5) Safe Harbor Agreement: Clustered residential develomnent. and non-residential
develomnent. is subject to the following requirements:
a) Hideout shall aDDlv for and Dursue a Safe Harbor Agreement with assoeiated
Red-cockaded WoodDeeker Habitat Management Plan with the U.S. Fish and
Wildlife Service for the aPDroximatelv 81 acres of land they own in Section
24 that are described in subparagraDhs b. and d. above.
b) If aDDroved, the Red-eockaded Woodpecker Habitat Management Plan shall
require such management techniques as the mechanical or manual thinning of
trees and understorv. and the removal of combustible materials to levels which
would pertnit a '"controlled burn" that would not destrov. but would maintain.
the Dresence of a sufficient amount of slash pine trees for Red-cockaded
Woodpecker foraging and cavity tree nests.
c) Hideout shall Day all legal and pertnittinJ.( fees related to their effort to obtain
aDProval of the Safe Harbor Agreement. Additionallv. if successful in
obtaining a Safe Harbor Agreement. Hideout shall expend a sum ofmonev to
DromDtlv imDlement the assoeiated Red-cockaded WoodDecker Habitat
Management Plan. This amount shall be $30.000.00 plus five (5) Dercent Der
vear as an inflation adjustment. Onee the Red-cockaded WoodDeeker Habitat
Management Plan is imDlemented. Hideout shall fully fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red-coekaded Woodpecker
Habitat Management Plan must Drovide that Hideout can develop 37
residential dwelling units in the areas colored green and labeled '"Hideout" as
set forth on the North Belle Meade Overlav Section 24 MaD. The Red-
eockaded Wood peeker Habitat Management Plan must also delineate the
maximum area that mav be cleared. in accordance with the aDPlicable
Drovisions ofthe Growth Management Plan, within the green areas labeled
"Hideout" set forth on the North Belle Meade Overlav Section 24 Map. The
Safe Harbor Agreement must allow 20% of Hideoufs aDProximatelv 81 acres
(approximately 16 acres) to be cleared when development occurs.
e) Once the Red-eockaded WoodDecker Habitat Management Plan is
implemented. the County shal J defer to the federal and state ageneies as to
Words underlined are added; words str"ci( thro"gh are deleted.
6
Future Land Use Element
Remedial Amendment to Bee
A~enda Item No se
December 14. 2010
12/14/10 ~aMgof 64
protection of other state and federal listed species that mav be Dresent on the
aDDroximate 8] acres of land owned bv Hideout and eolored green and labeled
"Hideout" and striped and labeled "Hideout" on the North Belle Meade
Overlay Section 24 MaD. Hideout shall comDlv with all federal and state
listed species criteria for develo])1nent within the areas that will be allowed to
be cleared pursuant to the Safe Harbor Agreement.
f) The Countv shall not comment to any of the state and federal Dermitting
agencies during thc pennitting process for the Hideout Darcels so long as the
tollowing takes Dlace:
( I) Residential development is clustered as Drovided herein; and
(2) The Safe Harbor Agreement with associated Red-eockaded Woodpecker
Habitat Management Plan is approved and being imDlemented; and
(3) The conservation easement or fee simDle title is granted to the aPDropriate
cntitv for management of the Red-coekaded WoodDeeker habitat. as
required in subparaJ.,'faph 3)b) above; and
(4) Pennit aDPlieations are consistent with all provisions herein for Hideout
nropertv and all other provisions ofthe Collier Countv comprehensive
nlan. exceDt thev are not subject to:
(a) The Conservation and Coastal Management Element. Objective 2.1
and subsequent policies; Goal 6 and subsequent obiectives and
Dolicies, excluding (are subject to) Dolieies 6.1.2e.-g.. 6.1.4, 6.1.5. and
6.1.7; and, Goal 7 and subsequent obieetives and Dolicies; and
(b) the Future Land Use Element. Rural Fringe Mixed Use District.
Neutral Lands. paragraoh 2.. Clustering, SUbDaragraph d). minimum
Droiect size; Paragraph 3. Allowable Uses, SUbDaragraDhs 3.a). d)
through hl. il through oJ. r) and s) [these exeepted uses are prohibited];
Daragraph 5. Density Blending [this provision is not available for these
narccls I.
g) Should Hideout be unable to seeure an aceeDtable Safe Harbor Agreement
with associated Red-cockaded Woodpecker Habitat Management Plan. or
should the cost of imDlementing the Red-cockaded Woodpecker Habitat
Management Plan exceed thc sum of $30.000.00 plus the inflation factor set
forth herein and no additional funding can be obtained. then Hideout shall be
deemed to have satisficd their Safe Harbor Agreement and associated Red-
cockaded Woodpecker Managemcnt Plan obligations set f()rth herein with the
contribution of$30.000.00 toward management ofthe Red-cockaded
Woodpecker habitat. In such an event. the remaining Drovisions and
rcquirements relating to density. clustering. Dreservation and anv other
aPDlicable development standards set forth herein and in the remainder of the
Words underlined are added; words str"ch tI,rS"gR are deleted.
7
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. se
December 14. 2010
12/14/10 ~~f 64
Collier County GMP, exceDt as exceDted in subparagraph 5)t)(4) above. shall
remain effective and aDPlieable to the Hideout Dareels in Section 24.
e. Cowan ProDertv ~ Lots 14-16.25.26 and 35 Combined (Colored Blue and Labeled
"Cowan" and "Blue" on North Belle Meade Overlav Section 24 MaD)
1) Allowable Uses:
a) Nineteen (] 9) clustered dwelling units. single fami)v or multi-family (fewer
dwelling units mav be develoDed at discretion of owner/developer); OR.
b) One dwelling unit loeated on eaeh of the six lots of record (total of six
dwelling units);
e) Essential serviees:
d) Parks. open SDace. and recreational uses.
e) Aeeess road on Lot 35.
2) Clustering:
a) UD to two clustered develoDments are allowed. and a maximum of nineteen
(19) total dwelling units are allowed in cluster develo])lnent(s). This dwelling
unit figure is based upon the total Cowan ownershiD in Section 24 of
aDProximatelv 97.7 aeres.
b) Lot 35 mav contain UP to. but no more than. three clustered dwelling units - in
addition to road aeeess for all Cowan DroDerty development(s). A second
residential cluster outside of Lot 35 mav contain the balance of the nineteen
clustered dwelling units not built on lot 35.
e) The clustered development mav be comprised of single familv dwelling units.
multi-familv dwelling units or a combination.
d) The minimum gross acreage for clustering a single residential develoDment
shall bc sixty-fDur (64) acres. exceDt as Drovided in SUbDaragraph 2)b) above.
e) Lot size in clustered develo])lnent shall not exceed an average of one acre.
exclusive of areas to be dedicated. eonveyed or set aside for right-of-wav
Durposes. The lot size may be required to be less. deDending UDon the
recommendations of the Red-cockaded Woodpecker Habitat Management
Plan required in Daragraph e.5) below.
f) Anv clustered residential development requires particlDation in a Red-
eockaded WoodDecker Habitat Management Plan and the requirements set
forth in Daragraph e.5) below.
g) Clustered residential develo])lnent shall be located in an area(s) of the
proDertv detennined by the Red-eockaded WoodDeeker Habitat Management
Plan to be most aDProDriate for develo])lnent. For the location of the clustered
develoDment. the Red-cockaded Woodpecker Habitat Management Plan shall
consider areas alreadv developed and highlv impacted in Section 24. as well
Words underlined are added; words ,true" tArS"gR are deleted.
8
~~-_. ---.....,.~~.~~...-.-
Future Land Use Element
Remedial Amendment to Bee
Aqenda Item No. se
December 14. 2010
12/14/10 ~aoogof 64
as areas contiguous to areas in the southeast part of Section 24 that are already
develoDed and highly imDacted.
h) All other cluster provisions and requirements for RFMUD Neutral Lands - set
out in the Rural Fringe COll1Drehensive Plan Amendments adopted June 19,
2002. by Ordinance number 2002-32. and incofDorated into the
comprehensive plan, and subsequentlv adoDted into the Collier Countv Land
Devclopment Code. Ordinance No. 04-41. as amended - shall be aDDlicable,
except where in conflict with cl uster Drovisions within this subDaragraph 2).
i) For clustered residential development. Cowan. or his assigns. shall DartieiDate
in a Red-coekaded WoodDeeker Habitat Management Plan and the
requirements outlined in subparagraph e.5) below. and shall eXDend a sum of
money to promDtly implement the Red-eoekaded Woodpecker Habitat
Management Plan for Cowan's Darcels totaling 97.7 acres. This initial amount
("Initial Management AmounC) shall be no greater than $30,000.00. Once
the Red-cockaded Woodpecker Habitat Management Plan is implemented.
Cowan. or his assigns. shall fund the Initial Management Amount Dlus five
pereent (5'10) per year, which shall aeCfUe annually. as an inflation adiustment.
3) Native Vcgetation and Preservation Requirements:
a) For clustered residential development. a minimum of eighty pereent (80%) of
the native vegetation shall be preserved in a manner which is eonsistent with
the Conservation and Coastal Management Element. Policy 6.l.2e.-g.. as that
policy exists on Septembcr 28. 20 I O. This 80% shall be ealeulated based
upon the total 01'97.7 acres. yielding a required native vegetation preserve
amount of approximately 78 acres.
b) For clustered residential develoDmcnt. approximatelv 78 acres of native
vegetation shall be conveved or granted bv a conservation easement or deed (as
determined by Cowan or his assignee) to Conservation Collier. a Home
Owners Association, or other like entity. its suecessors,and assigns, a non-
exclusive easement, license. and privilege to enter UDon. maintain. preserve
and conserve such propertv and wildlife.
(I) The entitv in whose favor the conservation easement is granted shall be
obligated to implement and maintain the Red-coekaded WoodDeeker
Habitat Management Plan that will be devcloDed for this area in
association with the Safe Harbor Agreement required in SUbDaragraph e.5)
below.
(2) Such entity shall Drovide financial assuranees to Collier Countv, in the
fonn of a bond. letter of eredit. or equivalent. of its ability to implement
and pennanently maintain this Red-coekaded WoodDeeker Habitat
Management Plan.
Words underlined are added; words ,trucl< through are deleted.
9
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. 8e
December 14. 2010
12/14/10 ~<ffi4g0f 64
c) For non-clustered residential development. ninetv percent (90%) of the slash
pine trees shall be preserved. and a greater amount may be Dreserved at the
discretion of the DroDertv owner, unless a Red-eockaded WoodDecker Habitat
Management Plan is Drepared and it recommends a lesser amount.
d) For non-residential develoDment, ninety percent (90%) of the slash Dine trees
shall be Dreserved. and a greater amount may be Dreserved at the discretion of
the propertv owner, unless the Red-coekaded WoodDecker Habitat
Management Plan, required in SUbDaragraDh e.5) below. recommends a lesser
amount.
4) Non-residential Use Habitat Management Plan Requirement: For non-residential
develoDlnent. Cowan shall Dartieipate in a Red-eockaded WoodDecker Habitat
Management Plan and the requirements outlined in subparagraph e.5) below. and
shall eXDend a sum ofmonev to DromDtly implement the associated Red-eockaded
Woodpecker Habitat Management Plan. This amount shall be $30.000.00 plus
five (5) Dercent per year as an inflation adiustment. Once the Red-cockaded
Woodpecker Habitat Management Plan is imDlemented. Bucklev shall fully fund
the ongoing maintenance costs.
5) Safe Harbor Agreement: Clustered residential develoDlnent. and non-residential
development. is subiect to the following requirements:
a) Cowan shall aPDlv for and pursue a Safe Harbor Agreement with associated
Red-cockaded Woodpecker Habitat Management Plan with the U.S. Fish and
Wildlife Service for the aDProximatelv 97.7 acres ofland thev own in Section
24 that are deseribed in SUbDaragraDh e.
b) If approved. the Red-coekaded WoodDeeker Habitat Management Plan shall
require such management teehniques as the mechanieal or manual thinning of
trees and understorv. and the removal of eombustible materials to levels which
would permit a "controlled burn" that would not destroy. but would maintain.
the Dfesence of a suflicient amount of slash Dine trees for Red-cockaded
Woodpeeker foraging and cavity tree nests.
c) Cowan shall Day all legal and pennitting fees related to their effort to obtain
aPDroval of the Safe Harbor Agreement. Additionallv. ifsueeessful in
obtaining a Safe Harbor Agreement. Cowan shall expend a sum of monev to
promDtlv imDlement the associated Red-cockaded WoodDeeker Habitat
Management Plan. This amount shall be $30.000.00 Dlus five (5) Dercent Der
vear as an inflation adiustment. Once the Red-eockaded WoodDecker Habitat
Management Plan is implemented. Cowan shall fullv fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red-eoekaded Woodpecker
Habitat Management Plan must Drovide that Cowan can develop 19 residential
dwelling units in the areas colored blue and labeled "Cowan" as set forth on
Words underlined are added; words str"cl< tArG"gA are deleted.
10
Future Land Use Element
Remedial Amendment to Bee
A~enda Item No 8e
December 14. 20.10
12/14/10 ~<OOgof 64
the North Belle Meade Overlav Section 24 Map. The Red-eockaded
Woodpecker Habitat Management Plan must also delineate the maximum area
that may be cleared. in aecordance with the aPDlieable provisions of the
Growth Management Plan, within the blue areas labeled "Cowan" set forth on
the NOlih Belle Meade Overlav Section 24 Map. The Safe Harbor Agreement
must allow 20% ofCowan's aPDroximatelv 97.7 acres (aPDroximatelv 19.54
acres) to bc cleared when development oecurs.
c) Once the Red-cockaded Woodpecker Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
Drotection of other state and federal listed species that may be present on the
aPDroximate 97.7 acres of land owned by Cowan and eolored blue and labeled
"Cowan" on the NOIih Belle Meade Overlay Seetion 24 MaD. Cowan shall
eomply with all federal and state listed species eriteria for development within
the areas that will be allowed to be cleared Dursuant to the Sate Harbor
Agreement.
1) The County shall not comment to any of the state and federal Dermitting
agencies during the permitting process lor the Cowan Darcels so long as the
following takes Dlaee:
( 1) Residential development is clustered as provided herein: and
(2) The Safe Harbor Af..'Teement with assoeiated Red-eockaded Woodpecker
Habitat Management Plan is approved and being imDlemented: and
(3) The eonservation easement or fee simDle title is granted to the appropriate
entitv f'Jr management of the Red-cockaded W oodDecker habitat. as
required in DaragraDh 3)11) above: and
(4) Permit aDPlications arc consistent with all Drovisions herein for Hideout
Dropel1y and all other provisions of the Collier Countv eomDrehensive
plan. exeept they are not subjeet to:
(a) The Conservation and Coastal Management Element. Obiective 2.1
and subsequent policies: Goal 6 and subsequent objectives and
policies. excluding (are subiect to) policies 6.1.2e.-g.. 6.1.4. 6.1.5. and
6.1.7: and. Goal 7 and subsequent objectives and policies: and
(b) the Future Land Use Element, Rural Fringe Mixed Use District.
Neutral Lands. paragraph 2., Clustering. subparagraph d). minimum
project size: Paragraph 3. Allowable Uses. sUbDaragraphs 3.a), d)
through h), i) through p), r) and s) [these exeepted uses are prohibitedl:
paragraph 5. Densitv Blending [this provision is not available for these
parcels 1.
g) Should Cowan be unable to secure an acceptable Safe Harbor Agreement with
associated Red-coekaded Woodpeeker Habitat Management Plan. or should
the cost of implementing the Red-eoekaded W oodDeeker Habitat Management
Words underlined are added; words str"EI( tArS"gA are deleted.
11
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. 8e
December 14,2010
12/14/10 ~<lii6gof 64
Plan exceed the sum of $30,000.00 plus the inflation factor set forth herein
and no additional funding can be obtained, then Cowan shall be deemed to
have satisfied their Safe Harbor Agreement and associated Red-cockaded
Woodpecker Management Plan obligations set forth herein with the
contribution of$30,000.00 toward management of the Red-cockaded
Woodpecker habitat. In such an event, the remaining provisions and
requirements relating to density, clustering, preservation and any other
applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 5)1)(4) above, shall
remain effective and applicable to the Cowan parcels in Section 24.
f Buckley Property - Lots 3, 4 and 17-19 Combined (Labeled "Buckley" on North
Belle Meade Overlay Section 24 Map)
1) Allowable Uses:
a) Sixteen (16) clustered dwelling units, single family or multi-family (fewer
dwelling units may be developed at discretion of owner/developer): OR,
b) Agricultural uses;
c) Donnitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses;
d) Group housing uses subiect to the following density/intensity limitations:
Family Care Facilities: 1 unit per 5 acres; Group Care Facilities and other
Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed
0.45;
e) Staff housing as may be incidental to, and in support of, safety service
facilities and essential services;
f) Fann labor housing limited to 10 acres in any single location: Single
family/duplex/mobile home: 11 dwelling units per acre;
Multifamily/donnitory: 22 dwelling units/beds per acre:
g) Sporting and Recreational camps, within which the lodging component shall
not exceed I unit per 5 gross acres;
h) Essential services:
i) Golf courses or driving ranges, subiect to the standards for these uses
contained in the Rural Fringe Mixed Use District Neutral Lands designation;
j) Zoo, aquarium, botanical garden, or other similar uses;
k) Public educational plants and ancillary plants;
I) Community facilities, such as places of worship, childcare facilities,
cemeteries, social and fraternal organizations;
m) Sports instructional schools and camps;
n) Oil extraction and related processing;
Words underlined are added; words 'tr"ok t~r8"g~ are deleted.
12
Future Land Use Element
Remedial Amendment to Bee
Aqenda Item No. se
December 14, 2010
12/14/10 ~<w~gof 64
0) Parks, open space, and recreational uses;
p) Private schools.
2) Clustcling:
a) Only one clustered development is allowed, and a maximum of sixteen (16)
dwelling units are allowed in that cluster. This dwelling unit figure is based
upon the total Buckley ownership in Section 24 of approximately 81 acres.
b) The clustered development may be comprised of single family dwelling units,
multi-family dwelling units or a combination.
c) The minimum gross acreage for clustering a single residential development
shall be sixty-four (64) acres.
d) Lot sizc in clustered devclopment shall not exceed an average of one acre,
exclusivc of areas to be dedicated, conveyed or set aside for right-of-way
purposes. The lot sizc may be required to be less, depending upon the
recommendations of the Red-cockadcd Woodpecker Habitat Management
Plan required in subparagraph f6) bclow.
e) Any clustered residential development requires participation in a Red-
cockaded Woodpeckcr Habitat Management Plan and the requirements set
forth in subparagraph f.6) below.
f) Clustered residential development shall be located in an area of the property
detennined by the Red-cockaded Woodpecker Habitat Management Plan to be
most appropriate ft)r dcvelopment. For the location of the clustered
development, the Red-cockaded Woodpecker Habitat Management Plan shall
consider areas alrcady developed and highly impacted in Seetion 24, as well
as areas contiguous to arcas in the southeast part of Section 24 that are already
developed and highly impacted.
g) All other cluster provisions and requirements for RFMUD Neutral Lands - set
out in the Rural Fringe Comprehensive Plan Amendments adopted June 19,
2002, by Ordinance number 2002-32, and incorporated into the
comprehensive plan, and subsequently adopted into the Collier County Land
Development Code, Ordinance No. 04-41, as amended - shall be applieablc,
except where in conflict with cluster provisions within this subparagraph 2).
h) For clustered residential development, Buckley shall participate in a Red-
cockaded Woodpecker Habitat Management Plan and the requirements
outlined in subparagraph f.6) below, and shall expend a sum ofmonev to
promptly implcment the Red-eockaded Woodpecker Habitat Management
Plan for Buckley's parcels totaling 81 acres. This amount shall be $30,000.00
plus five percent (5%) per year as an inflation adiustment. Once the Red-
cockaded Woodpecker Habitat Management Plan is implemented, Buckley
shall fully fund the ongoing maintenance costs.
Words underlined are added; words strblcl'l tArsblgh are deleted.
13
Future Land Use Element
Remedial Amendment to see
Aqenda Item No. se
December 14, 2010
12/14/10 ~<liii8gof 64
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development, a minimwn of eighty percent (80%) of
the native vegetation shall be preserved in a manner which is consistent with
the Conservation and Coastal Management Element, Policy 6.1.2e.-g" as that
policy exists on September 28, 201 O. This 80% shall be calculated based
upon the total of 81 acres, yielding a required native vegetation preserve
amount of approximately 65 acres.
b) For clustered residential development, approximately 65 acres of native
vegetation shall be conveyed to Conservation Collier, a Home Owners
Association, or other like entity, for the purposes of conservation and
preservation. The conveyance shall be in the fonn of a conservation easement,
or other instrument acceptable to the entity.
(1) The entity in whose favor the conservation easement is granted shall be
obligated to implement and maintain the Red-cockaded Woodpecker
Habitat Management Plan that will be developed for this area in
association with the Safe Harbor Agreement as required in subparagraph
[,6) below.
(2) Such entity shall provide financial assurances to Collier County, in the
fonn of a bond, letter of credit, or equivalent, of its ability to implement
and pennanently maintain this Red-cockaded Woodpecker Habitat
Management Plan.
c) For non-clustered residential development, ninety percent (90%) ofthe slash
pine trees shall be preserved, and a greater amount may be preserved at the
discretion of the property owner, unless a Red-cockaded Woodpecker Habitat
Management Plan is prepared and it recommends a lesser amount.
d) For non-residential development, native vegetation shall be preserved in a
manner which is consistent with the Habitat Management Plan required in
subparagraph [,6) below and with the Conservation and Coastal Management
Element, Policy 6.1.2e.-g" as that policy exists on September 28,2010.
4) Non-residential Use Location: Non-residential uses shall be located in an area of
the property detennined by the best available data, including the Red-cockaded
Woodpecker Habitat Management Plan, to be most appropriate for non-residential
development.
5) Non-residential Use Habitat Management Plan Requirement: For non-residential
development, Buckley shall partieipate in a Red-cockaded Woodpecker Habitat
Management Plan and the requirements outlined in subparagraph f.6) below, and
shall expend a sum of money to promptly implement the associated Red-cockaded
Woodpecker Habitat Management Plan. This amount shall be $30,000.00 plus
five (5) percent per year as an inflation adiustment. Once the Red-cockaded
Words underlined are added; words ,tr"eh t~r8"g~ are deleted.
14
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. se
December 14, 2010
12/14/10 ~aiillgof 64
Woodpecker Habitat Management Plan is implemented, Buckley shall fully fund
the ongoing maintenance costs.
6) Safe Harbor Al..'l'eement: Clustered residential development, and non-residential
development, is subiect to the following requirements:
a) Buckley shall apply lor and pursue a Safe Harbor Agreement with associated
Red-cockaded Woodpecker Habitat Management Plan with the U.S. Fish and
Wildlife Service Illr the approximately 81 acres of land they own in Section
24 that are described in subparagraph f above.
b) If approved, the Red-cockaded Woodpecker Habitat Management Plan shall
require such management techniques as the mechanical or manual thinning of
trees and understory, and the removal of combustible materials to levels which
would pcrmit a "controlled burn" that would not destroy, but would maintain,
the presence of a suttlcient amount of slash pine trees lor Red-cockaded
Woodpecker j()raging and cavity tree nests.
c) Buckley shall pay all legal and pennitting fees related to their effort to obtain
approval of the Safe Harbor Agreement. Additionally, if successful in
obtaining a Safe Harbor Agreement, Buckley shall expend a sum of money to
promptly implement the associated Red-cockaded Woodpecker Habitat
Management Plan. This amount shall be $30,000.00 plus five (5) percent per
year as an inflation adiustment. Once the Red-cockaded Woodnecker Habitat
Management Plan is implemented, Buckley shall fully fund the ongoing
maintenance costs.
d) Thc Safe Harbor Agreement and associated Red-cockaded Woodpecker
Habitat Management Plan must provide that Buckley can develop 16
residential dwelling units in the areas uncolored and labeled "Buckley" as set
forth on the North Belle Meade Overlay Section 24 Map. The Red-cockaded
Woodpecker Habitat Management Plan must also delineate the maximum area
that may be cleared. in accordancc with the applicable provisions of the
Growth Management Plan, within the areas uncolored and labeled "Buckley"
set forth on the NOlih Belle Meade Overlay Section 24 Map. The Safe Harbor
Agreement must allow 20% of Buckley's approximatelv 81 acres
(approximatel v 16 acres) to be cleared when development occurs.
e) Once the Red-cockaded Woodpcckcr Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
protcction of othcr statc and federal listed species that may be present on the
approximate 81 acres of land owned by Buckley and uncolored and labeled
"Buckley" on the North Belle Meade Overlay Section 24 Map. Buckley shall
comply with all federal and state listed species criteria for development within
the areas that will be allowed to be cleared pursuant to the Safe Harbor
Agreement.
Words underlined are added; words strldck thrOUGh are deleted.
15
Future Land Use Element
Remedial Amendment to Bee
Agenda Item No. se
December 14, 2010
12/14/10 ~<lOOgof 64
f) The County shall not comment to any of the state and federal permitting
agencies during the pennitting process for the Buckley parcels so long as the
following takes place:
(I) Residential development is clustered as provided herein; and
(2) The Safe Harbor Agreement with associated Red-cockaded Woodpecker
Habitat Management Plan is approved and being implemented; and
(3) The conservation easement or fee simple title is granted to the appropriate
entity for management of the Red-cockaded Woodpecker habitat, as
required in subparagraph 3)b) above; and
(4) Pennit applications are consistent with all provisions herein for Hideout
property and all other provisions of the Collier County comprehensive
plan, cxcept they are not subiect to:
(a) The Conservation and Coastal Management Element, Obiective 2.1
and subsequent policies; Goal 6 and subsequent obiectives and
policies, excluding (are subiect to) policies 6.1.2e.-g" 6.1.4, 6.1.5, and
6.1.7; and, Goal 7 and subsequent obiectives and policies; and
(b) the Future Land Use Element, Rural Fringe Mixed Use District,
Neutral Lands, paragraph 2" Clustering, subparagraph d), minimum
project size; Paragraph 3. Allowable Uses, subparagraphs 3.a), d)
through h), j) through p), r) and s) [these excepted uses are prohibited];
paragraph 5. Density Blending [this provision is not available for these
parcel s 1.
g) Should Buckley be unable to secure an acceptable Safe Harbor Agreement
with associated Red-cockaded Woodpecker Habitat Management Plan, or
should the cost of implementing the Red-cockaded Woodpecker Habitat
Management Plan exceed the sum of $30.000.00 plus the inflation factor set
forth herein and no additional funding can be obtained, then Buckley shall be
deemed to have satisfied their Safc Harbor Agreement and associated Red-
cockaded Woodpccker Management Plan obligations set forth herein with the
contribution of $30,000.00 toward managcment ofthe Red-cockaded
Woodpecker habitat. In such an event, the remaining provisions and
requiremcnts relating to density, clustcring, preservation and any other
applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 6)f)(4) above, shall
remain cffective and applicable to the Buckley parcels in Section 24.
***
***
***
***
***
***
***
***
***
***
***
***
***
FUTURE LAND USE MAP SERIES
Words underlined are added; words str"EI\ t~r8"g~ are deleted.
16
Future Land Use Element
Remedial Amendment to Bee
Aqenda Item No se
December 14. 2010
12/14/10 ~<w~gof 64
Future Land Use Map
Mixed Use & Interchange Activity Ccntcr Maps
Properties Consistent by Policy (5.9, 5.10, 5.11) Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Well fields and ASRs Map
Future Land Use Map Rivers and Floodplains
Future Land Use Map Estuarine Bays
Future Land Use Map Soils
Existing Commercial Mineral Extraction Sites Map
Bayshore/Gateway Triangle Redevelopmcnt Overlay Map
Stewardship Overlay Map
Rural Lands Study Arca Natural Resource Indcx Maps
North Belle Meade Overlay Map
North Belle Meade Overlay Section 24 MaD
[no further changes]
Words underlined are added; words st,"E1( t~re"gh are deleted.
17
eonservation and eoastal Management Element
Remedial Amendment to Bee
Agenda Item No. se
December 14. 2010
12/14/10 ~$llgof 64
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
GOAL 6:
THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND
APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES
AND WILDLIFE HABITAT.
OBJECTIVE 6.1:
The County shall protect native vegetative communities through the application of minimum
preservation requirements. The following policies provide criteria to make this objective
measurablc. These policies shall apply to all of Collier County except for that portion of the
County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands
Stewardship Area Overlay
PoUey 6,1.2:
For the Coullty's Rural Frillge Mixed Use District, as designated on the FLUM, native
vegetation shall be preserved on site through the application of the following preservation and
vegetation retention standards and criteria:
Preservation and Native Vegetation Retention Standards:
***
**.
***
.*.
***
***
***
***
***
*.*
...
.**
***
b. Neutral Lands:
A minimum of60% ofthc native vegetation present, not to exceed 45% of the total site
area shall be preserved, except as provided in the North Belle Meade Overlay in the
Future Land Use Element that-; for Section 24, Township 49 South, Range 26 East,
located in the NortH Belle Meade Overlay, a minimum of70~/" oftl1.e native vegetation
present, Rot to e)[seed 70~~ of the total site afea, shall Be preserved'
Words underlined are added; words ,tr"c1( t~r8"g~ are deleted.
EXHIBIT 'A"
Agenda Item No. se
Deceml:~n~'*1 OO'iQJo~
Page 63 of 64 -,
NORTH BELLE MEADE OVERLAY SECTION 24 MAP
II
I
I,
1
I: "
,I
------,
'I; "
0
~ 0
w
0
I: "
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Agenda Item No. se
December 14, 2010
Page 64 of 64
,
148 . Sunday, November 28, 2010 . Naples Dally News
PUBLIC NOTICE PUBLIC NOTICE PUBLICNOTICE
NOTICE OF.PUBLlCHEARING AND
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given thet the Collier County Board of County Commisslonet'll will hold a pUblic hear-
ing on Tuesday, December 14, 2010 in the Boerd of County Commissioners ehambers, Third floor, Collier
County Government Center, 3299 E. Tamlami Trail, Naples. The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consIder a recommendation on adoption of an amendment to the Future
. Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan. The Ordi-
nance title is as follows: '
ORPiNANCE NO.1 0-
AN ORDINANCE AMENDING ORDlNANeE NO. 89-05. AS AMENDED, THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, BY ADOPTING REMEDIAL AMENDMENTS TO THE FUTURE
LAND USE ELEMENT, FUTURE LAND USE MAP SERIES. AND THE CONSERVAllON AND
eOASTAL MANAGEMENT ELEMENT; AND BY PROVIDING FOR SEVERABILITY AND PROVID-
ING FOR AN EFFECTIVE DATE.
Petition CPR-201ll-4. Remedial Amendments to the Future Land Use Element Future Land Use Mac
Series. and Conservation and Coastal Management Element, pursuant to the Compliance Agreement ap-
proved by the Board of County Commissioners on September 28, 2010 pertaining to Section 24. Township
49 South, Range 26 East in the North Belle Meade Overlay.
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Colli... County
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All interested parties are invited to appear and be heard. Copies of the proposed amendment are available
for inspection at the Land Development Sevices Department, Comprehensive Planning Section, 2800 N.
Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be directed to the Land Development Services De-
partment. Comprehensive Planning Section. (239-252-2387). Written comments filed with the Land Devel- .
opment Services Department, Comprehensive Planning Section prior to Tuesday, December 14, 2010, will
be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Board of CoUl1ty 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 proc~ing.
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department, located at 3335 Tamiami Trail East. Suite 101, Naples, FL 34112-5358.
(239) 252.8380, at least two days. prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED W. COYLE. eHAIRMAN
DWIGHT E. BROCK. eLERK
By: . Is/Patricia Morgan Deputy elerk (SEAL)
No 231188464
November 28 '"010
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