Ordinance 2022-06 ORDINANCE NO. 2022- 06
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, RELATING TO THE DENSITY
BONUS POOL WITHIN THE BAYSHORE/GATEWAY
TRIANGLE REDEVELOPMENT OVERLAY AND
SPECIFICALLY AMENDING THE BAYSHORE/GATEWAY
TRIANGLE REDEVELOPMENT OVERLAY OF THE FUTURE
LAND USE ELEMENT, TO CHANGE REQUIREMENTS FOR
THE USE OF THE DENSITY BONUS POOL; DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; '
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. [PL20210000603]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly 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 Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared an amendment to the Bayshore/Gateway Triangle
Development Overlay of the Future Land Use Element of the Growth Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on July 21, 2021, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
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WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on November 18, 2021, and the
Collier County Board of County Commissioners held on February 22, 2022; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE BAYSHORE/GATEWAY
TRIANGLE DEVELOPMENT OVERLAY OF THE FUTURE LAND
USE ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Bayshore/Gateway Triangle Development Overlay of the Future
Land Use Element, attached hereto as Exhibit "A" and incorporated herein by reference, is
hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted
to the Florida Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective.
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PASSED AND DTJLY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 02' day of e J v CL �y , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER C011, - •RIDA
By: \j—G C _ By:
Attest eS to Cha _... .,�-
irma u_ Clerk W ep . iam L. McDaniel, Jr., Chairman
signature CA.
Approved as to form and legality:
d/1 Ov"-- /1/
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Bayshore/Gateway Triangle Development Overlay Future Land Use
Element
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EXHIBIT A
FUTURE LAND USE ELEMENT
II. IMPLEMENTION STRATEGY
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FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
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V. OVERLAYS AND SPECIAL FEATURES
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F. Bayshore/Gateway Triangle Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment(BGTR)Overlay, depicted on the Future Land
Use Map, is within the boundaries of the Bayshore/Gateway Triangle Community
Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000as
updated by Board Resolution 2019-75. The intent of the redevelopment program is to
encourage the revitalization of the Bayshore%Gateway Triangle Community Redevelopment
Area (BGTCRA) by providing incentives that will encourage the private sector to invest in this
urban area. This Overlay allows for additional neighborhood commercial uses and increased
intensity and higher residential densities that will promote the assembly of property, or joint
ventures between property owners, while providing interconnections between properties and
neighborhoods. The intent of this BGTR Overlay is to allow for more intense development in
an urban area where urban services are available. Two zoning overlays have been adopted
into the Collier County Land Development Code to aid in the implementation of this Overlay.
Within the BGTR Overlay a density bonus pool has been established to incentivize investment
within the BGTCRA. The density bonus pool units available to a project are to incentivize
redevelopment and to promote investment in the public realm. After the [effective date of
Ordinance', all proiects utilizing the density pool are subject to the access and public realm
requirements. The following provisions and restrictions apply to this Overlay:
1. Mixed-Use Development: A mix of residential and commercial uses is permitted. For
such development, commercial uses are limited to C-1 through C-3 zoning district uses,
except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use;
theatrical producers (except motion picture), bands, orchestras, and entertainers; and,
uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be
pedestrian oriented and are encouraged to provide access (vehicular, pedestrian,
bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the
commercial area and to provide opportunity for nearby residents to access these
commercial uses without traveling onto major roadways. Parking facilities are
encouraged to be located in the rear of the buildings or in parking structures that may be
below, at, or above grade, with the buildings oriented closer to the major roadway to
promote traditional urban development.
2. Residential uses are allowed within this Overlay. Permitted density shall be as
determined through application of the Density Rating System, and applicable FLUE
Policies, except as provided below, or as may be limited by a zoning overlay, or as
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otherwise provided within the Mini Triangle Subdistrict.
3. Non-residential/non-commercial uses allowed within this Overlay include essential
services; parks, recreation and open space uses; water-dependent and water-related
uses; child care centers; community facility uses; safety service facilities; and utility and
communication facilities.
4. Density Bonus Pool for mixed use development. Properties with access to US 41 East
and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-
Pulling Road may be allowed a maximum density of twelve (12) residential units per
acre via use of the density bonus pool identified described further in paragraph 1412
below, except that no project may utilize more than 97 units 25% of the total density
pool units available, or 10 units, whichever is greater. The 97 unit cap will terminate
density pool units for any one project. In order to be eligible for this higher density, the
project must be integrated into a mixed-use development with access to existing
neighborhoods and adjoining commercial properties and comply with the standards
identified in paragraph no. 89 and no. 15, below, except for mixed use projects
developed developments within the "mini triangle" catalyst project site as identified on
the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle"
catalyst project site is eligible for the maximum density of 12 units per acre, with
development standards as contained in the Gateway Triangle Mixed Use Overlay
Zoning District zoning overlay, adopted February 28,2006 (Ordinance No. 06-08), and
amended December 14, 2006 (Ordinance No. 06-63), and subsequently amended. For
projects that do not comply with the requirements for this density increase the criteria
established herein for density bonus pool eligibility, their density is limited to that
allowed by the Density Rating System and applicable FLUE Policies, except as may be
limited by a future the applicable zoning overlay. Properties located within the Mini
Triangle Subdistrict are exempt from this paragraph.
5. Density bonus pool for residential-only projects on Bayshore Drive. Properties having
frontage on one or more of Bayshore Drive, Davis Boulevard, Airport Pulling Road(west
may be allowed to redevelop as a residential-only project at a
maximum density of eight(8) residential units per acre via use of the density bonus peel
identified in paragraph 11 pool identified in paragraph 12,except that no project may utilize
more than 97 units 25% of the 88-8 total density bonus pool units available or 10 units,
whichever is greater. The 97 unit cap will terminate when the BCC adopts, by LDC
project.
In order to be eligible for this higher density the redevelopment the density bonus pool
units, the residential-only project along Bayshore Drive must comply with the following:
a. Project shall be in the form of a PUD.
b. nP„roject site shall be a minimum of three acres.
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d-:c. All residential units shall be market rate units.
d. Project must comply with eligibility criteria in paragraph no.15 below.
For projects that do not comply with the requirements for this density increase criteria
established herein for density bonus pool eligibility, their density is limited to that
allowed by the Density Rating System and applicable FLUE Policies and that of the
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applicable zoning overlay. Properties located within the Mini Triangle Subdistrict are
exempt from this paragraph.
6. Density Bonus Pool for Multi-Family or Mixed Use developments up to 2 contiguous
acres in size. Up to 2 additional dwelling units per acre, are allowed to be allocated to
multi-family or mixed use developments through a limited density bonus pool
allocation from the density bonus pool identified in paragraph 12, subject to eligibility
criteria listed in a-e below.
a. The development shall be within a zoning district or overlay zoning district that
permits multi-family development or mixed use development.
b. The property is limited to a maximum of 2 acres. An allocation request shall not
be granted for property that is subdivided after the [effective date of Ordinancel,
c. The maximum number of additional units is limited to four (4) additional units, and
shall not exceed a density increase of 2 additional dwelling units per acre.
d. The development must satisfy the development standards of the Bayshore Mixed
Use Overlay Zoning District or the Gateway Triangle Mixed Use Overlay Zoning
District and applicable standards of the Limited Density Bonus Pool Allocation in
the Land Development Code.
e. Development must comply with eligibility criteria in paragraph no.15 below.
-67. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses
will continue to be governed by the Mixed Use Activity Center Subdistrict, except
residential density may also be increased through the density bonus pool as provided
for in paragraphs 4 and 5 through 6, above. The development standards of the
Bayshore Drive Mixed Use Overlay Zoning District or Gateway Triangle Mixed Use
Overlay Zoning District in the Collier County Land Development Code, whichever is
applicable, shall apply to all new development within the Activity Center.
78. Existing Underlying zoning districts for some properties within the
Triangle Redevelopment BGTR 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 the uses within their exiting underlying zoning until such time as a
zoning overlay is adopted which may limit such uses, densities and development
except for prohibited uses established within section 4.02.16 of the LDC.
For such prohibited uses existing as of [effective date of Ordinancel, the use may
continue to operate as identified within LDC section 9.03.00-Nonconformities.
89. To qualify for twelve (12) dwelling units per acre, as provided for in paragraph no. 4
above (Density Bonus Pool for mixed use developments), or as otherwise permitted
within the Mini Triangle Subdistrict, mixed use projects within the
Triangle Redevelopment BGTR Overlay must comply with the design standards of the
Bayshore Drive Mixed Use Overlay Zoning District or Gateway Triangle Mixed Use
Overlay Zoning District in the Collier County Land Development Code, whichever is
applicable, or in the case of the Mini Triangle Subdistrict, mixed use projects may utilize
the design standards set forth in the Mini Triangle Subdistrict and its implementing
MPUD zoning.
910. For density bonuses provided for in paragraphs nos. 4 and 5 through 6 above, base
density shall be per the underlying zoning district. The maximum density of twelve (12)
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The
total project acreage may be counted for density purposes. The bonus density
allocation is calculated by deducting the base density of the underlying zoning
classification from the maximum density being sought. The difference in units per acre
determines the bonus density allocation requested for the project.
4-011. Only the affordable-workforce housing density bonus, as provided in the Density Rating
System, and the density provided for within the Mini Triangle Subdistrict are allowed in
addition to the eligible density provided herein. For all properties, the maximum density
allowed is that specified under Density Conditions in the Density Rating System, except
as provided for within the Mini Triangle Subdistrict.
12. Density Bonus Pool. A maximum of 388 dwelling units were originally
allocated to be utilized in this BGTR Overlay for density bonuses, as provided in
paragraphs nos. 4 through 6 and-5 above and paragraph no.14 below. Thia The 388
dwelling unit density bonus pool correspond corresponded with the number of dwelling
units previously entitled to the Botanical Gardens sites prior to their rezone in 2003 to
establish the Naples Botanical Gardens PUD. Projects within the "mini triangle" are not
required to utilize this density bonus pool.
The Density Bonus Pool will be updated and tracked by the County Manager or
designee. The Density Bonus Pool can be increased by Resolution of the Board of
County Commissioners through allocation of residential units that are not developed.
The residential units not developed will be permanently dedicated to the Density Bonus
Pool via a legally recorded instrument that restricts the property from developing the
dedicated units in the following circumstances:
a. A property with a residential density entitlement transitions to a governmental, civic
or institutional use, similar to the transition of the Botanical Gardens site to the
Naples Botanical Gardens PUD, or
b. A property with a residential density entitlement transitions to a commercial use,
or
c. A residential development is developed with fewer units than otherwise would be
allowed per the eligible density of the underlying zoning district.
42 13. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range
25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map,
shall be limited to non-residential uses except for caretaker, dormitory, and other housing
integrally related to the Botanical Garden or other institutional and/or recreational open
space uses.
4414. The 9.93± acre Camden Landing Residential Planned Unit Development (RPUD)
property located on the northeast corner of Bayshore Drive and Thomasson Road in
Section 14, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway
Triangle Redevelopment Overlay Map, shall be allowed up to 127 market rate multifamily
dwelling units, limited to townhouse and condominiums. No rental apartments shall be
permitted. The maximum density allowed shall be 12.8 dwelling units per acre for a
maximum of 127 dwelling units (achieved through the utilization of 97 dwelling units from
the existing density bonus pool established within the Bayshore/Gateway Triangle
Redevelopment Overlay and 30 base dwelling units for which the site qualifies). A
maximum of ninety-seven (97) density bonus pool units, as provided by the
Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use
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Element of the GMP, are available for this RPUD for a period of seven (7) years from
the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have
not been utilized, the bonus units shall expire and not be available unless authorized by
the Board of Zoning Appeals.
15. For eligibility to utilize the density bonus pool, the proiect's vehicular access shall not be
gated, and the project shall provide public realm improvements. Public realm
improvements are outlined within Objective 1, 2 and 3 of Element 5.3.2 and Objective 3
of Element 5.3.5 of the Bayshore Gateway Triangle Community Redevelopment Plan
(adopted by Board Resolution 2019-75); the adopted Bayshore Gateway Triangle
Community Redevelopment Area Public Arts Plan; and County approved Stormwater
Master Plans or County approved Capital Plans for projects within the BGTCRA. The
qualifying public realm improvements are specified in section 4.02.16.C.11 of the Land
Development Code.
16. Expiration. If units are allocated from the density bonus pool and then not developed,
these unused units shall revert back to the density pool in compliance with 4.02.16 of the
Land Development Code.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
February 24, 2022
Ms. Ann Jennejohn, BMR Senior Clerk Deputy II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-06, which was filed in this office on February 24,
2022.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270