Backup Documents 12/14/2010 Item # 8CCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS!
To: Clerk to the Board: Please place the following as a:
❑ Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
Originating Dept/ Div: Comprehensive Planning Section Person: Marcia R. Kendall/Senior Planner Date: 11/19/2010
Of Land Development Services Department
Petition No. (If none, give brief description): CPR - 2010 -4, Remedial GMP Amendment pursuant to Rural Fringe Mixed Use District
Section 24 Settlement Agreement.
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before X BCC BZA Other
Requested Hearing date: December 14, 2010 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size: See Attached
❑ Legally Required
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account shquld be charged for advertising costs: 111-
138317- 649100 - 00000
Reviewed by:
Division Administrator or Designee Date
List Attachments: Advertisement
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
r
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerks Office, retaining a copy for file.
FOR CLERK'S OFFICE USE
Date Received: Vt 1 0 Date of Public hearing: Date Advertised: I1 2 I
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December 14, 2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement on Sunday, November 28, 2010 and furnish proof
of publication to Marcia Kendall, Comprehensive Planning Section of the Land Development
Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement
must be a 11114" page advertisement. The advertisement must be placed in that portion of the
newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
COMPREHENSIVE PLANNING SECTION
FUND & COST CENTER: 111 - 138317 - 649100 -00000
PURCHASE ORDER NUMBER: 4500122420
ACCOUNT NUMBER: 068778
1
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NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that the Collier County Board of County Commissioners will hold a
public hearing on Tuesday, December 14, 2010 in the Board of County Commissioners
chambers, third floor, Collier County Government Center, 3299 E. Tamiami 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 Ordinance title is as follows:
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.
Petition CPR - 2010 -4, Remedial Amendments to the Future Land Use Element, Future Land
Use Map Series, and Conservation and Coastal Management Element, pursuant to the
Compliance Agreement approved 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.
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 Department, Comprehensive Planning Section.
(239- 252 - 2387). Written comments filed with the Land Development 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 County
Commissioners with respect to any matter considered at such meeting or hearing, he will need
a record of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail
East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
2
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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, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
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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 Statutes, 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
8C i
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`d Floor, Tallahassee, Florida 32399 -2100.
2
8C
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 14th day of December, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: BY:
FRED W. COYLE,
CHAIRMAN
Approved as to form and legal sufficiency:
Steve Williams,
Assistant County Attorney 5� q'��
3
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Acct. #068778
November 17, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CPR - 2010 -4, Remedial GMP Amendment w/ Display Map
Dear Legals:
Please advertise the above referenced notice on Sunday, November 28, 2010.
Please send the Affidavit of Publication in triplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P*09 #4500122420
sac
December 14, 2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement on Sunday, November 28, 2010 and furnish proof
of publication to Marcia Kendall, Comprehensive Planninq Section of the Land Development
Services Department, 2800 North Horseshoe Drive Naples Florida 34104 and a copy to the
Minutes and Records Department, 3299 Tamiami Trail E Suite #401 Naples FL 34112 The
advertisement must be a "1/411 page advertisement. The advertisement mast be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that the Collier County Board of County Commissioners will hold a
public hearing on Tuesday, December 14, 2010 in the Board of County Commissioners
Chambers, Third floor, Collier County Government Center, 3299 E. Tamiami 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 Ordinance title is as follows:
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
COMPREHENSIVE PLANNING SECTION
FUND & COST CENTER: 111 - 138317 - 649100 -00000
PURCHASE ORDER NUMBER: 4500122420
ACCOUNT NUMBER: 068778
1
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.
Petition CPR - 2010 -4, Remedial Amendments to the Future Land Use Element, Future Land
Use Map Series, and Conservation and Coastal Management Element, pursuant to the
Compliance Agreement approved 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.
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 Department, Comprehensive Planning Section.
(239- 252 - 2387). Written comments filed with the Land Development 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 County
Commissioners with respect to any matter considered at such meeting or hearing, he will need
a record of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail
East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
2
Martha S. Vergara 4 I
From:
Legals NDN [legals @naplesnews.com]
Sent:
Wednesday, November 17, 2010 1:25 PM
To:
Martha S. Vergara
Subject:
RE: CPR - 2010 -4, GMP Amendment w /map
Attachments:
image001.jpg
OK
Happy Thanksgiving!
Emely'Pagan
Legaf Dept.
Naples DaiCy News
1100 Immokalee mad
Naples, TL. 34110
Legal Line: 239 - 213 -6061
Email: legals @naplesnews.com
From: Martha S. Vergara fmailto :Martha.Vergara(@collierclerk com]
Sent: Wednesday, November 17, 2010 10:54 AM
To: Legals NDN
Subject: CPR - 2010 -4, GMP Amendment w /map
Legals,
Please advertise the following attached ad w /display map on Sunday. November 28, 2010.
Send an ok when you receive.
Thanks,
1. 8C
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara@)colliercierk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(dcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the Coll ierClerk. com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Notice y N
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All interested parties are Invited to apps and be'heard. Copies of the proposed amendn ert are availaable.
for Inspection at the Land - Development Sbvic es Dspatment; Coinprehansive Planning Section, 2800 N.
Horseshoe Drive, Naples, Florida between ft hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be dWested to the Land Development Services De-
partment, Comprehensive Planning Section. (239- 252 - 2387).' V tteR co ' '' filed with the Land Devel-
opment Services I)epertment,'Cbmprehensive g Sectiow prior io Tuesday, Dscsrnbar 14, 20 0, will
be read and considerw at the pub#o hearing
If a person decides to appeal any deoi*n, q wde by the Comer' E ortEtty $ow d of Q4X� Cortxnbaioners with
respect to any., Wier oopsidemid at quCh rneedng•or bearing, he will Peed'a No wd 400 prooeeding, and
for such purpose he may reeled tt iAe tfiat,� tiMrrrt lblwt l rrhedp, which record
includes the testimony and ahride0ce the app Nf it�o.be ,'
If you are a person wft h a disability who. nees{e boy aocq= P e in this praKheeding,
you are entitled, at no cod-W you, to ttt�provt006 df'oeri�it alowir� pdem lier Gaurty
Facilities ManagernekDaparb6t, bcatbd at`9 I` ta.,(; r t l `rlpFalos; FL 34112
(239) 252 -8880, at least two days prior to the Assisted listening, devices for the hearing impaired
are available in the Board ofrounty Commiseionyra
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
W /S"rku Morw t
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publicati
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the autl
appeared Kim Pokamev, who on oath says
the Accounting Manager of the Naples Dail
newspaper published at Naples, in Collier,
distributed in Collier and Lee counties of Flo
attached copy of the advertising, being a POO
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 28, 2010
time i
Affiant further says that the said Naples Daily News V
published at Naples, in said Collier County, Florida, a '
newspaper has heretofore been continuously publishe('
County, Florida; distributed in Collier and Lee counti(
each day and has been entered as second class mail m
office in Naples, in said Collier County, Florida, for
year next preceding the first publication of the atu
advertisement; and affiant further says that he has nE
promised any person, firm or corporation any dis
commission or refund for the purpose of securing this
publication in the sa' newspaper.
r
Signature of affiant All int"
( g ) erected parties are kmw to appipr ar
for inspection at the L*W DPA*proo S
Horseshoe Drive, Naples, RoMa betuireeri't
Sworn to and subscribed before me Any questions pertaining to ff" documen
This 1st day. of December, 2010 �
Services � C4n
be read and dscKat the
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(Signature of notary public) r"
for
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8 C
Agenda tern No 8C
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 Board of County Commissioners (BCC) to review and approve petition
CPR- 2010 -4 consisting; of remedial amendments to the Growth Management Plan (GMP) to
implement a Partial Stipulated Settlement Agreement (Cornpliance Agreement) between the
Florida Department of Community Aftairs (DCA), Collier County, and Petitioners -in-
Intervention Florida Wildlife Federation, Collier Audubon Society, Buckley Enterprises, Hideout
Golf' Club, Ltd, and John L. Cowan and Jane Ann Cowan, Trustees, and approve its transmittal
to the DCA.
CONSIDERATIONS: In January 2007, the 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 protection standards and use restrictions, via text provisions, than would apply to
other Neutral Lands; this designation fur Section 24 has come to he referred to as "enhanced
Neutral." After reviewing the adopted amendments pertaining; to Section 24, the DCA issued its
detennination in May 2007 that those amendments were not in compliance with state law. (The
only other amendments l6und to be not in compliance pertained to th; Capital Improvement
Element; those amendments were the subject of a previously approved partial stipulated
settlement agreement, and subsequently adopted remedial amendments.) The Florida Wildlife
Federation and Collier County Audubon Society intervened on behalf of DCA; Buckley
Enterprises, Hideout Golf Club, Ltd, and John 1,. Cowan and Jane Ann Cowan, Trustees (three
owners of property in Section 24), intervened on behalf of Collier County. All parties
participated in settlement discussions, supported continued abeyance of the pending case at the
Florida Division of Administrative Hearings (IJOAH), finally reached agreement on settlement
terms, and the Board approved a Compliance Agreement on September 28, 2010, The
Agreement was approved by DCA (the final party to sign) on October 18, 2010, and Recorded
by the Collier County Clerk on Novernber 1, 2010.
Section 24 contains approximately 651 acres and is comprised of 244 tax parcels. The three
intervener property owners plus Collier Coumy own 19 of' those parcels but account tvr 431
acres, or 66% of the acreage in Section 24. The remaining 225 parcels account for the remaining
220 acres. Of those 225 parcels, only three parcels are 10 acres or larger in size; lbur parcels are
between about 5 and 8 acres; the balance are less titian 5 acres, most being <I acre. The
relevance of these parcel sizes is that the density limitations approved in the settlement
agreement and included in these remedial amendments should have minimal impact; only the
owners of the three IO -acrd parc(4s would he sidVect to a dcnsitr reduction as all other parcels
are presently only eligible 16r one dwelling; unit (based on density of I DU /5 acres or per legal
nonconforming lot). For those three owners, their properties are subject to a density reduction -
F \UE?rlda 1V0 fi
Uec;e nik�F: i i l i'
Page 2 W 64
withow compensation. Staff was unsuccessful in an attempt to have the Agreement include an
allowance for those three parcels to retain the residential density of I DU /5 acres. One of those
three parcels (+ 16 acres) is undeveloped and wooded; one parcel ( ±10 acres) contains a single
family residence; the third parcel ( ±26 acres) contains a plant nursery. It is unknown whether
those owners will pursue development, or further development, of their properties with
residential use and, if'so, when.
for the property owned by the three property owner interveners, the approved Agreement and
these remedial amendments limit their density the same is fi)r all other properties (1 DU /parcel)
unless they choose to cluster their DUs, in which case density is I DU /5 acres; 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 Codc; there is a requirement to participate in a red -
cockaded woodpecker habitat management plan; and, the developer must pursue a "safe harbor
agreement" with the U.S. Fish and Wildlife Service which, il'successful, will trigger a financial
commitment ti-om the developer to implement the associated red - cockaded woodpecker habitat
management plan. Only the interveners' property ownership is large enough to cluster, given the
64 -acre minimum size requirement. Below is a density comparison for the intervener properties
with and without clustering.
No DUs assigned to existing Hideout golf course development or the two parcels for which no
development is allowed.
Under- the approved settlement agreement and these remedial amendments, for all 244 parcels in
Section 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 from County property); the difference is 58 DUs.
In the event of clustering, the native vegetation retention requirement is 80 %. However, if DUs
are not clustered, there is no broad vegetation retention requirement, rather only a requirement to
retain 90`1/10 of the slash pine trees on site,
FISCAL IMPACT: Approval ofthis petition will necessitate subsequent preparation of related
Land Development Code amendments. Costs associated with the amendments (primarily, staff
time) are presently budgeted. Additionally, because approval of this petition containing remedial
GMP amendments will, if tound "in compliance" and not challenged, settle the case pending at
DOAH, it will save the County the [not quantified] expense of preparing for, and participating in,
the administrative hearing (there is no certainty of the outcome of such hearing nor subsequent
action by DCA or the Administration Commission, as applicable).
Without Clustering
With Clustering
Hideout
3 DUs*
37 DUs
Cowan
6 DUs
19 DUs
Buckley
6 DUs
16 DUs
Sum
15 DUs
72 DUs
No DUs assigned to existing Hideout golf course development or the two parcels for which no
development is allowed.
Under- the approved settlement agreement and these remedial amendments, for all 244 parcels in
Section 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 from County property); the difference is 58 DUs.
In the event of clustering, the native vegetation retention requirement is 80 %. However, if DUs
are not clustered, there is no broad vegetation retention requirement, rather only a requirement to
retain 90`1/10 of the slash pine trees on site,
FISCAL IMPACT: Approval ofthis petition will necessitate subsequent preparation of related
Land Development Code amendments. Costs associated with the amendments (primarily, staff
time) are presently budgeted. Additionally, because approval of this petition containing remedial
GMP amendments will, if tound "in compliance" and not challenged, settle the case pending at
DOAH, it will save the County the [not quantified] expense of preparing for, and participating in,
the administrative hearing (there is no certainty of the outcome of such hearing nor subsequent
action by DCA or the Administration Commission, as applicable).
;,,-tf�nfl a Iten, Ne 8(.,
Ll,:cerimear 'I-i, 2010
F'( -Toe 3 ail G4
GROWTH MANAGEMENT IMPACT: Adoption of this petition consisting of remedial
GMP amendments would resolve the rerrlaintng outstanding; non- compliance issues from the
May 2007 Statement of Intent li-otn DCA.
LEGAL CONSIDERA'T'IONS: On September 28, 2010. the BCC approved a Partial Stipulated
Settlement Agreement lilt- the Division of Administrative I fearing case initiated by the DCA who
16und the amendments relative to Section 24 Not in Compliance. The DCA approved the
Agreement on Octobcr 18, 2010. The Agrcenient includes a requirement that the implementing
remedial GMP amendments he adopted within 00 clays aller approval [by DCA, the final party to
sign]. "rile Board's December 14, 2010 healing is within 00 clays of'the DCA's approval of the
Agreement. The remedial amendments in this petition reflect the teens set firth in Exhibit B to
the Agreement. if these remedial amendments are adopted, f6und to be' "in compliance " with
Florida Statutes by the DC'A, and the 21 -day challenge period ends without a challenge to that
compliance determination, then that part of the DOAH case, which is all that remains, will be
dismissed. — s "rW
RECOMMENDATION: That the Board approves petition CPR - 2010 -4, thereby adopting
remedial amendments to the GMP, and its transmittal to the DCA.
Prepared by: David Weeks, A1CP, GMP Manager, Comprehensive Planning; Section, Land
Development Services Dcpartmcnt, Growth Management Division /Planning and
Regulation
Attachments: 1) NBMO Map; 2) Executed and Recorded Second Partial Stipulated Settlement
Agreement; 3) Ordinance; 4) Ordinance Exhibit A, Future Land Use Element text; 5) Ordinance
Exhibit A, Conservation and Coastal Management Element text; 0) Ordinance Exhibit A, NBMO
Section 24 Map
EXSUM CPR - 2010 -4 Remedial Amendment - Sec 24 settlement agreement
G 1Comprehensive=MP PLANNING GMP DATMGomp Plan Anrendments`,2009 -2010 Combined Cycles pelitions12010 Cycle Peb ans\CPR- 2010 -4 Sec. 24
Compliance Agreement -based dw111 -18 -10
3
�8C "M
MEMORANDUM
Date: December 30, 2010
To: David Weeks, GMP Manager
Land Development Services Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -49: Remedial Amendments to
GMP Ordinance 89 -05, to implement an approved
Compliance Agreement between Florida's Department of
Community Affairs and Collier County and including the
Petitioners -in- Intervention regarding North Belle Section 24
Attached for your records is a copy of the ordinance referenced above, (Item #8C)
adopted by the Board of County Commissioners December 14, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
Thank you.
Attachment
8 C R
MEMORANDUM
Date: December 30, 2010
To: Jeff Klatzkow, County Attorney
Collier County Attorney's Office
From: Ann Jennej ohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -49: Remedial Amendments to
GMP Ordinance 89 -05, to implement an approved
Compliance Agreement between Florida's Department of
Community Affairs and Collier County and including the
Petitioners -in- Intervention regarding North Belle Section 24
Attached for your records is a copy of the ordinance referenced above, (Item #8C)
adopted by the Board of County Commissioners December 14, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
Thank you.
Attachment
8C
MEMORANDUM
Date: December 30, 2010
To: Steven Williams, Assistant County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -49: Remedial Amendments to
GMP Ordinance 89 -05, to implement an approved
Compliance Agreement between Florida's Department of
Community Affairs and Collier County and including the
Petitioners -in- Intervention regarding North Belle Section 24
Attached for your records is a copy of the ordinance referenced above, (Item #8C)
adopted by the Board of County Commissioners December 14, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
Thank you.
Attachment
s 8C 010.1
MEMORANDUM
Date: December 30, 2010
To: Ian Mitchell, Executive Manager to the Board
Board of County Commissioners Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2010 -44 thru Ordinance 2010 -49
Attached for your records, are copies of the ordinances referenced above,
adopted by the Board of County Commissioners Tuesday, December 14, 2010.
The Minutes and Record's Department will hold the original ordinances in the
Official Record's of the Board.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachments (6)
r S C I
MEMORANDUM
Date: December 30, 2010
To: Ernie Kerskie, Director
Collier County Property Appraiser's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -49: Remedial Amendments to Collier
County's Growth Management Plan Ordinance 89 -05, to
implement the previously approved (9- 28 -10) Compliance
Agreement between Florida's Department of Community
Affairs and Collier County that also includes the
Petitioners -in- Intervention for North Belle Meade Section 24
Attached for your records is a copy of the ordinance and referenced compliance
agreement adopted by the Board of County Commissioners December 14, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
If you have any questions, please contact me at 252 -8406.
Thank you
Attachment
E;A
ORDINANCE NO. 10 -49
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 Statutes, 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
1
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
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF 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., 3rd Floor, Tallahassee, Florida 32399 -2100.
4
8C "a�
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 14th day of December, 2010.
ATTEST:
[3$T, SOCK, Clerk
y.a t
"
By
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE,
CHAIRMAN
Approved as to form and legal sufficiency:
Steve Williams,
Assistant County Attorney
3
8 C "i
Future Land Use Element Remedial Amendment to BCC 12/14110 BCC hearing
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, Rany-e 26 East, and shown non North Belle
Meade Overlay Section 24 Map. Development and preservation standards within this Overlay
shall be as provided herein.
1. IN GENERAL
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 of this 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-,-4f the results of the study, in part, are the basis for the below
provisions applicable to Section 24. ,.".,..., it, the Plan will be amended.
6. SECTION 24 NEUTRAL LANDS
The following Drovisions aDDly onlv to all lands within Section 24, Township 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 partial stipulated settlement agreement
between the Board of County Commissioners, Florida Department of Community Affairs,
Petitioners -in- Intervention and Respondents -in- Intervention, aDDroved by the Board on
September 28, 20100
a. All Properties Except Those Specified Below in Paragraphs b., c., d., e. and f. - Lots
1, 2, 5 -12, 20, 21, 36 -40 and southerly portion of Lot 31, all whether a whole Lot or a
portion thereof (uncolored and unlabelled, except for four Collier County Lots, on
North Belle Meade Overlay Section 24 Map)
Words underlined are added; words stF u^ g; are deleted.
8C 4
Future Land Use Element Remedial Amendment to BCC 12/14110 BCC hearing
1) Allowable Uses:
a) Agricultural uses consistent with Chapter 823.14(6), Florida Statutes (Florida
Right to Farm Act)
b) Detached single - family dwelling units at a maximum density of one dwelling
unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres,
which existed on or before June 22, 1999. For the purpose of this provision, a
lot or parcel which is deemed to have been in existence on or before June 22,
1999 is 1) a lot or parcel which is part of a subdivision recorded in the public
records of Collier County, Florida; or 2) a lot or parcel which has limited
fixed boundaries, described by metes and bounds or other specific legal
description, the description of which has been recorded in the public records
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 prior to June 22, 1999.
c) Habitat preservation and conservation uses.
d) Passive parks and other passive recreational uses.
e) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres.
f) Essential Services necessary to serve permitted uses identified in paragraph
a.1) a) through e), such as the following: private wells and septic tanks; utility
lines, sewer lift stations, and water pumping stations, and, interim, private
water and sewer facilities until such time as County central water and sewer
service becomes available.
g) Essential Services necessary to ensure public safety.
h) Oil and gas exploration. Where practicable, directional - drilling techniques
and/or previously cleared or disturbed areas shall be utilized to minimize
impacts to native habitats.
2) Allowable Conditional Uses:
a) The followings uses are conditionally permitted subject to approval through a
public hearing process:
(1) Commercial uses accessory permitted uses a. l) a), c) and d), such as
retail sales of produce accessory to farming, or a restaurant accessory to a
park or preserve, so long as restrictions or limitations are imposed to
insure the commercial use functions as an accessory, subordinate use.
(2) Oil and gas field development and production. Where practicable,
directional-drilling techniques and/or previously cleared or disturbed areas
shall be utilized to minimize impacts to native habitats.
Words underlined are added; words =tF ". , are deleted.
1.0FML 2 1�
Future Land Use Element Remedial Amendment to BCC 12/14/10 BCC hearing
b) In addition to the criteria set forth in the Land Development Code,
Conditional Uses shall be allowed subject to the following additional criteria:
(1) The applicant shall submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This
plan shall be part of the required EIS as specified in Policy 6.1.7 of the
Conservation and Coastal Management Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size,
location, and access to the conditional use.
3) Native Vegetation and Preservation Requirements: 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 a Red - cockaded Woodpecker Habitat
Management Plan is prepared and it recommends a lesser amount. Preservation
requirements of Policy 6.1.2 of the Conservation and Coastal Management
Element shall not apply.
b. Hideout Property — Lots 13 and 27 (Striped Pattern and Labeled "Hideout" on North
Belle Meade Overlay Section 24 Map)
1) Allowable Uses: No development is allowed.
c. Hideout Property— Lots 28 -30, 31 -34 and Northerly Portion of Lot 30 Combined
(Colored Yellow and Labeled "Hideout" and "Yellow" on North Belle Meade
Overlay Section 24 Map)
1) Allowable Uses:
a) Existing golf course development; OR, at the discretion of land owner,
redevelop with any of the below uses b through nn), subject to the
requirements and limitations of the RFMUD Neutral Lands desi ation;
b) Agricultural uses;
c) Dormitories, duplexes and other types of staff housing as may be incidental
to, and in support of, conservation uses;
d) Staff housing as be incidental to, and in support of, safety service
facilities and essential services;
e) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres;
f) Essential services;
g) Zoo, aquarium, botanical garden, or other similar uses;
h) Public educational plants and ancillary plants;
i) Facilities for the collection, transfer, processing and reduction of solid waste;
j) Community facilities, such as places of worship, childcare facilities,
cemeteries, social and fraternal organizations;
k) Sports instructional schools and camps;
Words underlined are added; words StF G gh are deleted.
8 C °'A
Future Land Use Element Remedial Amendment to BCC 12114/10 BCC hearing
1) Earth mining, oil extraction and related processing;
m) Parks, open space, and recreational uses;
n) Private schools.
2) Native Vegetation and Preservation Requirements: As provided for in Policy
6.1.2b. of the Conservation and Coastal Management Element, a minimum of
60% of the native vegetation present, not to exceed 45% of the total site area,
shall be preserved.
d. Hideout Property — Lots 22 -24 Combined (Colored Green and Labeled "Hideout" and
"Green" on North Belle Meade Overlay Section 24 Map)
1) Allowable Uses:
a) Thirty -seven (37) clustered dwelling units, single family or multi - family
(fewer dwelling units may be developed at the discretion of land owner); OR,
at the discretion of land owner, develop with any of the below uses b) through
d), subject to the requirements and limitations of the RFMUD Neutral Lands
designation;
tion;
b) One dwelling unit located on each of the three lots of record (total of three
dwelling units);
c) Essential services;
d) Parks, open space, and recreational uses.
2) Clustering:
a) Only one clustered development is allowed, and a maximum of thirty -seven
(37) dwelling units are allowed in that cluster. This dwelling unit figure is
based upon the total Hideout ownership in Section 24 of approximately 187
acres.
b) The clustered development may be comprised of single family dwelling units,
multi - family dwelliniz units or a combination.
c) The minimum gross acreage for clustering _a single residential development
shall 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, conveyed or set aside for right -of -way
purposes. The lot size may be required to be less, depending upon the
recommendations of the Red - cockaded Woodpecker Habitat Management _
Plan required in subparagraph d.5, below.
e) Any clustered residential development requires participation in a Red -
cockaded Woodpecker Habitat Management Plan and the requirements set
forth in subparagraph d.5) below.
f) Clustered residential development shall be located in an area of the property
determined by the Red - cockaded Woodpecker Habitat Management Plan to be
Words underlined are added; words StF WG 9wg;, are deleted.
8 C
Future Land Use Element Remedial Amendment to BCC 12/14/10 BCC hearing
most appropriate for development. For the location of the clustered
development, the Red - cockaded Woodpecker Habitat Management Plan shall
consider areas already developed and highly impacted in Section 24, as well
as areas contiguous to areas 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 Count
Development Code, Ordinance No. 04 -41, as amended - shall be applicable,
except where in conflict with cluster provisions within this subparagraph 2).
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development, a minimum 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, 2010. However, this 80% shall be calculated
based upon the acreage of these three lots combined with Lots 13 and 27
(approximately 81 acres total), 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 form 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 required in subparagraph d.5)
below.
(2) Such entily shall provide financial assurances to Collier County, in the
form of a bond, letter of credit, or equivalent, of its abili to implement
and permanently maintain this Red - cockaded Woodpecker Habitat
Management Plan.
c) For non - clustered residential development, 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 a Red - cockaded Woodpecker Habitat
Management Plan is prepared and it recommends a lesser amount.
d) For non - residential development, 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 Red - cockaded Woodpecker Habitat
Words underlined are added; words StFUG s ; are deleted.
8C " "10
Future Land Use Element Remedial Amendment to BCC 12/14/10 BCC hearing
Management Plan, required in subparagraph d.5) below, recommends a lesser
amount.
4) Non - residential Use Habitat Management Plan Requirement: For non - residential
development, Hideout shall participate in a Red - cockaded Woodpecker Habitat
Management Plan and the requirements outlined in subparagraph d.5) below, and
shall expend a sum of mona 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 adjustment. Once the Red - cockaded
Woodpecker Habitat Management Plan is implemented, Buckley shall full
the ongoing maintenance costs.
5) Safe Harbor Agreement: Clustered residential development, and non - residential
development, is subject to the following requirements:
a) Hideout shall apply 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 approximately 81 acres of land they own in Section
24 that are described in subparagraphs b. and d. 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 permit a "controlled burn" that would not destroy, but would maintain,
the presence of a sufficient amount of slash pine trees for Red - cockaded
Woodpecker foraging and cavity tree nests.
c) Hideout shall pa all 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 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 adjustment. Once the Red - cockaded Woodpecker Habitat
Management Plan is implemented, Hideout shall fully fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red - cockaded Woodpecker
Habitat Management Plan must provide that Hideout can develop 37
residential dwelling units in the areas colored green and labeled "Hideout" 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 accordance with the applicable
provisions of the Growth Management Plan, within the green areas labeled
"Hideout" set forth on the North Belle Meade Overlay Section 24 Map. The
Safe Harbor Agreement must allow 20% of Hideout's approximately 81 acres
(approximately 16 acres) to be cleared when development occurs.
Words underlined are added; words StF G g: are deleted.
8 C
Future Land Use Element Remedial Amendment to BCC 12114110 BCC hearing
e) Once the Red - cockaded Woodpecker 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
proximate 81 acres of land owned by Hideout and colored green and labeled
"Hideout" and striped and labeled "Hideout" on the North Belle Meade
Overlay Section 24 Map. Hideout 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.
f) The County shall not comment to any of the state and federal permitting
agencies during the permitting process for the Hideout parcels so long as the
following takes place:
(1) 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) Permit applications are consistent with all provisions herein for Hideout
property and all other 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 (are subject 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, 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
parcels].
g) Should Hideout 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 Hideout 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
Words underlined are added; words StFurs' g" are deleted.
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Future Land Use Element Remedial Amendment to BCC 12114/10 BCC hearing
applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 5Zfl(4) above, shall
remain effective and applicable to the Hideout parcels in Section 24.
e. Cowan Property — Lots 14 -16, 25, 26 and 35 Combined (Colored Blue and Labeled
"Cowan" and "Blue" on North Belle Meade Overlay Section 24 Map)
1) Allowable Uses:
a) Nineteen (19) clustered dwelling units, single family or multi - family (fewer
dwelling units may be developed at the discretion of land owner); OR, at the
discretion of land owner, develop with any of the below uses b) through d),
subject to the requirements and limitations of the RFMUD Neutral Lands
designation,
b) One dwelling unit located on each of the six lots of record (total of six
dwelling units),
c) Essential services;
d) Parks, open space, and recreational uses.
e) Access road on Lot 35 to serve development allowed in a through d) above.
2) Clustering:
a) Up to two clustered developments are allowed, and a maximum of nineteen
09) total dwelliniz units are allowed in cluster development(s). This dwelling
unit figure is based upon the total Cowan ownership in Section 24 of
approximately 97.7 acres.
b) Lot 35 may contain U to, but no more than, three clustered dwelling units - in
addition to road access for all Cowan property development(s). A second
residential cluster outside of Lot 35 may contain the balance of the nineteen
clustered dwelling units not built on lot 35.
c) The clustered development may be comprised of single family dwelling units,
multi - family dwelling units or a combination.
d) The minimum gross acreage for clustering a single residential development
shall be sixty-four (64) acres, except as provided in si bpara -graph 2)b above.
e) Lot size in clustered development shall not exceed an average of one acre,
exclusive of areas to be dedicated, conveyed or set aside for right -of -way
purposes. The lot size may be required to be less, depending upon the
recommendations of the Red - cockaded Woodpecker Habitat Management
Plan required in paragraph e.5) below.
f) Any clustered residential development requires participation in a Red -
cockaded Woodpecker Habitat Management Plan and the requirements set
forth in paragraph e.5 below.
Words underlined are added; words StFWe g ; are deleted.
8 C °"
Future Land Use Element Remedial Amendment to BCC 12114(10 BCC hearing
g) Clustered residential development shall be located in an areas of the
property determined by the Red - cockaded Woodpecker Habitat Management
Plan to be most appropriate for development. For the location of the clustered
development, the Red - cockaded Woodpecker Habitat Management Plan shall
consider areas already developed and highly impacted in Section 24, as well
as areas contiguous to areas in the southeast part of Section 24 that are already
developed and highly impacted.
h) 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 Counjy Land
Development Code, Ordinance No. 04 -41, as amended - shall be applicable,
except where in conflict with cluster provisions within this subparagraph 2).
i) For clustered residential development, Cowan, or his assigns, shall participate
in a Red - cockaded Woodpecker Habitat Management Plan and the
requirements outlined in subparagraph e.5) below, and shall expend a sum of
money to promptly implement the Red - cockaded Woodpecker 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 Red - cockaded Woodpecker Habitat Management Plan is implemented,
Cowan, or his assigns, shall fund the Initial Management Amount plus five
percent (5 %)per year, which shall accrue annually, as an inflation adjustment.
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development, a minimum 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, 2010. This 80% shall be calculated based
upon the total of 97.7 acres, yieldinjz a required native vegetation preserve
amount of approximately 78 acres.
b) For clustered residential development, approximately 78 acres of native
vegetation shall be conveyed or granted by a conservation easement or deed (as
determined 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.
(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 required in subparagraph e.5)
below.
Words underlined are added; words StF U^ gh are deleted.
Future Land Use Element Remedial Amendment to BCC 12/14/10 BCC hearing
(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 Red - cockaded Woodpecker Habitat
Management Plan.
c) For non - clustered residential development, ninety - erp cent (90 %) of the 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, 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 Red - cockaded Woodpecker Habitat
Management Plan, required in subparagraph e.5) below, recommends a lesser
amount.
4) Non - residential Use Habitat Management Plan Requirement: For non - residential
development, Cowan shall participate in a Red - cockaded Woodpecker Habitat
Management Plan and the requirements outlined in subparagraph e.5) 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 adjustment. Once the Red - cockaded
Woodpecker Habitat Management Plan is implemented, Buckley shall fully fund
the ongoing maintenance costs.
5) Safe Harbor Agreement: Clustered residential development, and non - residential
development, is subject to the following requirements:
a) Cowan shall apply 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 approximately 97.7 acres of land they own in Section
24 that are described in subparagraph e.
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 permit a "controlled burn" that would not destroy, but would maintain,
the presence of a sufficient amount of slash pine trees for Red - cockaded
Woodpecker foraging and cavity tree nests.
c) Cowan shall pa all and permitting fees related to their effort to obtain
approval of the Safe Harbor Agreement. Additionally, if successful in
obtaining a Safe Harbor Agreement, Cowan 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 adjustment. Once the Red - cockaded Woodpecker Habitat
Words underlined are added; words StF "''was"* are deleted.
10
,- 8 C I
Future Land Use Element Remedial Amendment to BCC 12/14110 BCC hearing
Management Plan is implemented, Cowan shall fully fund the ongoing
maintenance costs.
d) The Safe Harbor Agreement and associated Red - cockaded Woodpecker
Habitat Management Plan must provide that Cowan can develop 19 residential
units in the areas colored blue and labeled "Cowan" 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 accordance with the applicable provisions of the
Growth Management Plan, within the blue areas labeled "Cowan" set forth on
the North Belle Meade Overlay Section 24 Map. The Safe Harbor Agreement
must allow 20% of Cowan's approximately 97.7 acres (approximate] 1
acres) to be cleared when development occurs.
e) Once the Red - cockaded Woodpecker 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 97.7 acres of land owned by Cowan and colored blue and labeled
"Cowan" on the North Belle Meade Overlay Section 24 Map. Cowan 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.
fl The County shall not comment to any of the state and federal permitting
agencies during the permitting process for the Cowan parcels so long as the
following takes place:
(1) 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 paragraph 3)b) above; and
(4) Permit applications are consistent with all provisions herein for Hideout
property and all other provisions of the Collier Count y 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 (are subject 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 subparagraphs 3.a) d)
through h), j) through p) r) and s) [these excepted uses are prohibited]
Words underlined are added; words StFUG g," are deleted.
11
Future Land Use Element Remedial Amendment to BCC 12/14110 BCC hearing
paragraph 5. Density Blending [this provision is not available for these
parcels].
g) Should Cowan 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 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 ther
applicable development standards set forth herein and in the remainder of the
Collier County GMP, except as excepted in subparagraph 5)f)(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 the discretion of land owner); OR, at the
discretion of land owner, develop with any of the below uses b) throu hg_q),
subject to the requirements and limitations of the RFMUD Neutral Lands
designation;
tion;
b) One dwelling unit located on each of the six lots of record (total of six
dwelling units),
c) Agricultural uses;
d) Dormitories, duplexes and other types of staff housing as may be incidental
to, and in support of, conservation uses;
e) Group housing uses subject 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;
f) Staff housing as s may be incidental to, and in support of safety service
facilities and essential services;
g) Farm labor housing limited to 10 acres in any single location: Single
family /duplex/mobile home: 11 dwelling units per acre;
Multifamily /dormitory: 22 dwelling units/beds per acre;
Words underlined are added; words StFUek thMugh are deleted.
12
8C
Future Land Use Element Remedial Amendment to BCC 12/14/10 BCC hearing
h) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres;
i) Essential services;
j) Golf courses or driving ranges, subject to the standards for these uses
contained in the Rural Fringe Mixed Use District Neutral Lands designation;
k) Zoo, aquarium, botanical garden, or other similar uses;
1) Public educational plants and ancillM plants;
m) Community facilities, such as places of worship, childcare facilities,
cemeteries, social and fraternal organizations;
n) Sports instructional schools and camps,
o) Oil extraction and related processing;
p) Parks, open space, and recreational uses;
q) Private schools.
2) Clustering:
a) Only one clustered development is allowed, and a maximum of sixteen (16)
dwelling units are allowed in that cluster. This dwelliniz 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 size in clustered development shall not exceed an average of one acre,
exclusive of areas to be dedicated, conveyed or set aside for right -of -way
purposes. The lot size may be required to be less, depending upon the
recommendations of the Red - cockaded Woodpecker Habitat Management
Plan required in subparagraph f.6) below.
e) Any clustered residential development requires participation in a Red -
cockaded Woodpecker Habitat Management Plan and the requirements set
forth in subparagraph £6) below.
f) Clustered residential development shall be located in an area of the property
determined by the Red - cockaded Woodpecker Habitat Management Plan to be
most appropriate for development. For the location of the clustered
development, the Red - cockaded Woodpecker Habitat Management Plan shall
consider areas already developed and highly impacted in Section 24 as well
as areas contiguous to areas 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 Frinize 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
Words underlined are added; words StF ". U: are deleted.
13
Future Land Use Element Remedial Amendment to BCC 12114/10 BCC hearing
Development Code, Ordinance No. 04 -41, as amended - shall be applicable,
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 of money to
promptly implement the Red - cockaded 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 adjustment. Once the Red -
cockaded Woodpecker Habitat Management Plan is implemented, Buckley
shall fully fund the ongoing maintenance costs.
3) Native Vegetation and Preservation Requirements:
a) For clustered residential development, a minimum of eighty percent (80 %) f
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, 2010. This 80% shall be calculated based
upon the total of 81 acres, iey lding 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 form 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
f.6 below.
(2) Such entit y 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 Red - cockaded Woodpecker Habitat
Management Plan.
c) For non - clustered residential development, ninety _percent (90 %) of the slash
pine trees shall be preserved, and a greater amount maybe 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
Words underlined are added; words StFUC -,c ;sueh are deleted.
14
8C
Future Land Use Element Remedial Amendment to BCC 12/14/10 BCC hearing
subparagraph f6) 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 determined 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 participate 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 iMlement the associated Red - cockaded
Woodpecker Habitat Management Plan. This amount shall be $30,000.00 plus
five (5) percent per year as an inflation adjustment. Once the Red - cockaded
Woodpecker Habitat Management Plan is implemented, Buckley shall fully fund
the ongoing maintenance costs.
6) Safe Harbor Agreement: Clustered residential development, and non - residential
development, is subject to the following requirements:
a) Buckley shall apply 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 Oproximately81 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 permit a "controlled burn" that would not destroy, but would maintain,
the presence of a sufficient amount of slash pine trees for Red - cockaded
Woodpecker foraging and cavity tree nests.
c) Buckley shall pa alegal permitting 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 adjustment. Once the Red - cockaded Woodpecker Habitat
Management Plan is implemented, Buckley shall fully fund the ongoing
maintenance costs.
d) The 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 accordance with the applicable provisions of the
Words underlined are added; words tI^ebig; are deleted.
15
a c
Future Land Use Element Remedial Amendment to BCC 12114/10 BCC hearing
Growth Management Plan, within the areas uncolored and labeled `Buckle
set forth on the North Belle Meade Overlay Section 24 Map. The Safe Harbor
Agreement must allow 20% of Buckley's approximately 81 acres
(approximately 16 acres) to be cleared when development occurs.
e) Once the Red - cockaded Woodpecker 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 Buckley and uncolored and labeled
"Buckley" on the North Belle Meade Overlay Section 24 Man. Buckle
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.
fl The County shall not comment to any of the state and federal permitting
agencies during the permitting process for the Buckley parcels so long as
following takes
(1) 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 subparagrph 3)b) above; and
(4) Permit applications are consistent with all provisions herein for Hideout
property and all other 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 (are subject 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, 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
parcels l.
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 Safe Harbor Agreement and associated Red-
Words underlined are added; words StFur(t,;;9ug" are deleted.
16
8C '4
Future Land Use Element Remedial Amendment to BCC 12114/10 BCC hearing
cockaded Woodpecker Manaizement Plan oblitzations 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 6)f)(4) above, shall
remain effective and applicable to the Buckley parcels in Section 24.
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent by Policy (5.9, 5.10, 5.11) Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map
Future Land Use Map Rivers and Floodplains
Future Land Use Map Estuarine Bays
Future Land Use Map Soils
Existing Commercial Mineral Extraction Sites Map
Bayshore /Gateway Triangle Redevelopment Overlay Map
Stewardship Overlay Map
Rural Lands Study Area Natural Resource Index Maps
North Belle Meade Overlay Map
North Belle Meade Overlay Section 24 Map
[no further changes]
Words underlined are added; words StF HhFeug:^ are deleted.
17
8 C
Conservation and Coastal Management Element Remedial Amendment to BCC 12/14110 BCC hearing
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
measurable. 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
Policy 6.1.2:
For the County's Rural Fringe 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 of 60% of the 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;
loea4ed in the Nafth Belle Meade Overlay, a minimufn of 0 of the native vegetatien
0
Words underlined are added; words str �e'. n are deleted.
8C ti
EXHIBIT'A" PETITION CPR-2010-4
NORTH BELLE MEADE OVERLAY SECTION 24 MAP
NAPLES FARM SITES, INC.
SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST
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PREPARED BY: GIS/CAD MAPPING SECTION
1----I--_ 1
GROWN MANAGEMENT DIVISION /PLANNING AND REGULATION 0 300 Fr. 600 Fr.
DATE: 11/2010 FILE: NFS-244926-A.DWG
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010 -49
8C
Which was adopted by the Board of County Commissioners
on the 14th day of December, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 2010.
DWIGHT E. BROCK
Clerk of Courtq "'ant Clerk,,.
Ex- officio to -Bp rd "Of
County Commission '` s
By: Ann Jennejohn,
Deputy Clerk
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