Resolution 2000-136
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RESOLUTION NO. 2000- --Ll.6-
A RESOLUTION APPROVING THE PROPOSED GROWTH
MANAGEMENT PLAN AMENDMENT TO THE FUTURE
LAND USE ELEMENT AND FUTURE LAND USE MAP TO
ESTABLISH THE BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT OVERLAY FOR TRANSMITTAL TO
THE DEPARTMENT OF COMMUNITY AFFAIRS
WHEREAS, Collier County, pursuant to Section 163.3161,~, Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act, was
required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187. Florida Statutes; and
WHEREAS. Collier County Resolution 97-431 establishes a policy to utilize an annual
cycle for Growth Management Plan Amendments and allows the Board of County Commissioners
to initiate a second cycle of amendments that shall comply with the same procedures; and
WHEREAS, the Board of County Commissioners on November 23. 1999 directed staff to
initiate the additional cycle of amendments in 2000 in recognition of the redevelopment efforts
underway in the Bayshore/Gateway Triangle Redevelopment area; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment. various State agencies and the Department of Community Affairs (DCA) have ninety
(90) days to review the proposed Amendment and DCA must transmit, in writing to Collier County.
its comments along with any objections and any recommendations for modification, within said
ninety (90) days pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt,
adopt with changes or not adopt the proposed Growth Management Plan Amendment, within sixty
(60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must review and determine if the Plan Amendment is in
compliance with the Local Government Comprehensive Planning and Land Development Act of
1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida
Administrative Code. pursuant to Section 163.3184, Florida Statutes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby approves the proposed Growth
Management Plan Amendment, attached hereto as Exhibit A and incorporated by reference
Words underlined are additions; Words glrllGk It:lr9llgh are deletions
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herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the
required State evaluation of the Growth Management Plan Amendments prior to final adoption
and State determination of compliance with the Local Government Comprehensive Planning and
Land Development Regulation Act of 1989 and Rule 9J5, Florida Administrative Code, Minimum
Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance.
THIS RESOLUTION ADOPTED after motion; second and majority vote this
C\
day of
~
,2000.
ATTEST:
. DWIGHT E. BROCK, Clerk
BOARD OF C0U~TY COMMISSIONERS
COLLIER C0UNTY, FLORIDA
~.'~~~ :b.(.
Attest I~~ to' 1......"
IttA.tUN,.0I1!-
BY:
i
I
r
INE,
"Approve'd as to fonm and legal sufficiency:
~,t ~ i.. 7n. .(Jt71" / ./U;f:
Marjo' M. Student
Assistant County Attorney
Words underlined are additions; Words Etrllsk ti:1reldgh are deletions
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EXHIBIT A
Amending the Future Land Use Element - Overlays and Special Features and corresponding
pages as necessary and amending the Future Land Use Map to reflect the Bayshore/Gateway
Triangle Redevelopment Overlay.
Page 36
D. Bayshore/Gateway Trianale Redevelopment Overlay
The Bayshore/Gateway Trianale Redevelopment Overlay, depicted on the Future Land
Use Map, is consistent with the boundaries of the Bayshore/Gateway Trianale
Redevelopment Area adopted by the Board of County Commissioners on March 14,
2000. The intent of the redevelopment proaram is to encouraqe the revitalization of the
Bayshore/Gateway Trianqle Redevelopment Area by providina incentives that will
encouraqe the private sector to invest in this urban area. This Overlay allows for
additional neiahborhood commercial uses and hiaher residential densities that will
promote the assembly of property, or ioint ventures between property owners, while
providina interconnections between properties and neiahborhoods. The intent of this
Overlay is to allow for more intense development in an urban area where urban services
are available. One or more zonina overlays will be adopted into the Collier County Land
Development Code to aid in the implementation of this Overlay. The followina
provisions and restrictions apply to this Overlay:
1. Commercial uses allowed within this Overlay are those contained in the C-1
throuah C-3 zonina districts of the Collier County Land Development Code, and
hotels/motels. except as commercial uses may be limited by a zonina overlay.
Mixed residential and commercial uses are permitted. For such mixed uses,
commercial uses are permitted on the first two stories only: residential uses are
permitted on the second stOry and above. Commercial and mixed use proiects
should be pedestrian oriented and are encouraaed to provide access (vehicular,
pedestrian. bicycle) to nearby residential areas. The intent is to encouraqe
pedestrian use of the commercial area and to provide opportunity for nearby
residents to access these commercial uses without travelina onto maior roadways.
Parkina is encouraged to be located to the rear of the buildinas with the buildings
oriented closer to the maior roadway to promote traditional urban development.
2. Residential uses are allowed within this Overlay. Permitted density shall be as
determined throuqh application of the Density Rating System, and applicable
FLUE Policies, except as provided below and except as mav be limited by a
zonina overlay.
3. Non-residentiallnon-commercial uses allowed within this Overlay include essential
services: parks, recreation and open space uses: water-dependent and water-
related uses: child care centers: community facility uses: safety service facilities:
and, utility and communication facilities.
4. Properties with access to US-41 East are allowed a maximum density of 12
residential units per acre provided such properties contain a mixed-use
development (mix of commercial and residential uses) with access to existing
neiqhborhoods and adioininq commercial properties unless such intearation is not
Words underlined are additions; Words struck thrslJgh are deletions
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reasonably possible. Any eliaible density bonuses, as provided in the Density
Ratina System, would be in addition to the eliaibJe density provided herein. The
maximum density allowed is that specified under Densitv Conditions in the Density
Ratina System. If said residential properties do not provide access to
neiahborhoods and commercial sites. when reasonably possible to do so, then
density is limited to that allowed by the Density Ratino System and applicable
FLUE Policies. except as may be limited by a future zonino overlay.
5. Properties with access to Bayshore Drive, as identified in the Bayshore Zonina
Overlay District, are allowed a maximum density of 12 residential units per acre
provided the property meets the specific development standards that will apply to
commercial and mixed-use development (mix of commercial and residential uses)
alonq the Bavshore Drive corridor. The Bavshore Drive Zoning Overlay will be
developed and adopted into the Land Development Code in the next available
amendment cycle. Expansion of existinq commercial zonina boundaries alona
Bayshore Drive will not be allowed until the zoning overlay is in place. Properties
within the Bayshore Drive Zonina Overlay may be elioible for in-fill low-intensity
commercial development provided they meet the criteria listed below:
a. If one parcel in the proposed proiect abuts commercial zonina on one side, the
commercial zonina may be applied for the entire proiect site. Interconnection
of parcels, shared parkina aareements, and complementary desian features
are all required.
b. The depth of a parcel for which commercial zonina is souaht may exceed the
depth of the abuttina commercial zoned property, Adeauate buffers must be
provided between the commercial uses and non-commercial uses and non-
commercial zoninQ.
c. The proiect must be compatible with existina land uses and permitted future
land uses on surroundina properties.
6. Parcels currently within the boundaries of Mixed Use Activity Center #16 will
continue to be aoverned by the Mixed Use Activitv Center Subdistrict. A zonina
overlay may be developed for these properties within the Mixed Use Activitv
Center to provide specific development standards.
7. Existina zonina districts for some properties within the Bayshore/Gateway Trianale
Redevelopment Overlay allow uses. densities and development standards that are
inconsistent with the uses, densities and development standards allowed within
this Overlay. These properties are allowed to develop and redevelop in
accordance with their existina zonina until such time as a zonina overlay is
adopted which may limit such uses. densities and development standards.
8. Buildinas containina only commercial uses are limited to a maximum heiaht of
three stories.
9. Buildinas containina onlv residential uses, within a residential only development.
are limited to a maximum heiaht of three stories
Words underlined are additions; Words strblsk thrQblBA are deletions
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10. Buildinqs containina only residential uses. within a mixed-use develooment (mix of
commercial and residential uses), are allowed a maximum heiqht of four stories if
said residential building (sO are located in close proximity to US-41.
11. Buildinos containina mixed use (residential uses over commercial uses) are
allowed a maximum heiaht of four stories.
12. For purposes of this Overlay, each 14 feet of buildinq heiaht shall be considered
one stOry.
13. Hotels/motels will be limited to a maximum floor area ratio of 0.45 and a maximum
heiaht of four stories.
14. Buildinas containing commercial uses only, are limited to a maximum building
footprint of 20,000 sauare feet.
15. Zoninq overlays may provide for increased building heights and/or building size by
conditional use approval. Buildina footorint size and/or height may be further
limited in a zonina overlay.
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Policy 1.5:
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. Areas of Environmental Concern Overlay
C. Airport Noise Area Overlay
D. Bayshore/Gateway Trianale Redevelooment Overlay
Page 17 and 18
I. URBAN DESIGNATION
Urban Designated Areas will accommodate the following uses:
a. Residential Uses including single family, multi-family, duplex and mobile home. The
maximum densities allowed are identified in the Districts.....aM Subdistricts and
Overlays that follow.
b. Non-residential uses including:
12. Commercial uses subject to criteria identified in the Urban - Mixed Use
District, PUD Neighborhood Village Center Subdistrict, and in the Urban
Commercial District, Mixed Use Activity Center Subdistrict and Interchange
Activity Center Subdistrict and in the Bayshore/Gateway Trianole
Redevelopment Overlay.
15. Hotels/motels consistent by Policy 5.9. 5.10. and 5.11, or as permitted in the
Immokalee Area, Golden Gate Area and Marco Island Master Plans. and as
permitted in the Bavshore/Gateway Trianole Redevelopment Overlay.
Words underlined are additions; Words strblQk tI:m:~b18/:1 are deletions
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Page 19
2. Urban Coastal Fringe Subdistrict
In order to facilitate hurricane evacuation and to protect the adjacent environmentally
sensitive Conservation Designated Area, residential densities shall be limited to a
maximum of 4 dwelling units per acre, except as allowed in the Density Rating System
to exceed 4 units per acre through provision of Affordable Housing and Transfer of
Development Rights. and except as provided in the Bayshore/Gateway Triangle
Redevelopment Overlay.
Page 22
DENSITY RATING SYSTEM
The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the
extent that the residential density cap of 4 dwelling units per acre is not exceeded,
except for the density bonus for Affordable Housing and Transfer of Development
Rights, and except as provided for in the Bavshore/Gateway Trianale Redevelopment
Overlay.
Page 24
1. Mixed Use Activity Center Subdistrict
The Mixed Use Activity Center concept is designed to concentrate almost all new
commercial zoning in locations where traffic impacts can readily be accommodated, to
avoid strip and disorganized patterns of commercial development, and to create focal
points within the community. Additionally, some commercial development is allowed
outside Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict,
Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict,
Traditional Neighborhood Design Subdistrict, the Bayshore/Gateway Trianale
Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use
Element.
Words underlined are additions; Words strw;:k tJ:lr9bl€ilh are deletions
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