Resolution 2022-078 RESOLUTION NO. 2022- 78
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, RELATING TO THE RURAL
FRINGE MIXED USE DISTRICT RESTUDY AND SPECIFICALLY
AMENDING THE URBAN MIXED USE DISTRICT, URBAN
RESIDENTIAL FRINGE SUBDISTRICT AND THE RURAL
FRINGE MIXED USE DISTRICT OF THE FUTURE LAND USE
ELEMENT TO REQUIRE TRANSFER OF DEVELOPMENT
RIGHTS FOR COMPREHENSIVE PLAN AMENDMENTS FOR
INCREASED RESIDENTIAL DENSITY; AMENDING THE URBAN
MIXED USE DISTRICT, URBAN RESIDENTIAL FRINGE
SUBDISTRICT TO REMOVE THE DENSITY BONUS CAP ON
RESIDENTIAL IN-FILL AND REMOVE THE REQUIREMENT TO
USE TRANSFER OF DEVELOPMENT RIGHTS WITHIN ONE
MILE OF THE URBAN BOUNDARY; AND AMENDING THE
RURAL FRINGE MIXED USE DISTRICT OF THE FUTURE LAND
USE ELEMENT TO CHANGE DEVELOPMENT STANDARDS AND
REQUIREMENTS, INCREASE DENSITY ON RECEIVING LANDS
FOR AFFORDABLE HOUSING, ADD TRANSFER OF
DEVELOPMENT RIGHTS CREDITS, ADD USES IN RECEIVING
AREAS, AND ADD A CONDITIONAL USE FOR RECREATION IN
SENDING LANDS, AND TO AMEND DEVELOPMENT
STANDARDS FOR RURAL VILLAGES; AND CREATE THE
BELLE MEADE HYDROLOGIC ENHANCEMENT OVERLAY;
AND FURTHERMORE DIRECTING TRANSMITTAL OF THE
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. [PL202000022341
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985, 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, Collier County staff has prepared amendments relating the Rural Fringe
Mixed Use Restudy; and
[21-CMP-01087/1700156/1]106
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WHEREAS, on May 20, 2021, the Collier County Planning Commission considered the
proposed amendment to the Growth Management Plan pursuant to the authority granted to it by
Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
WHEREAS, on April 26, 2022, the Board of County Commissioners at a public hearing
approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendments and DEO must transmit, in writing, to
Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
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 herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this 26th day of
April, 2022.
ATTEST: BOARD OF CUP,Pi► OMMISSIONERS
CRYSTAL K. KINLE . CLERK COLLIE oe Y, FLO', DAAk
/' ! -Q.0 'r .4011
/ . By: • —
Attest as • IF Ittt 1 I puty Clerk Wi, am L. McDaniel, Jr., Chairman
s►an''arP only. ;.
Approved as to form and legality:
UV l
Heidi Ashton-Cic o
Managing Assistant County Attorney
Attachment: Exhibit A—Text amendments and attachments
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EXHIBIT A FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION [Page 25]
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I. URBAN DESIGNATION [Page 25]
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A. Urban Mixed Use District [Page 27]
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Port of the Island is a unique development, which is located within the Urban Designated Area, but is
also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development
was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter
380, Florida Statutes. Further,there is an existing Development Agreement between Port of the Islands,
Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land
uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban Mixed Use District
in which it is located to the extent that the overall residential density and commercial intensity does not
exceed that permitted under zoning at time of adoption of this Plan.
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Any comprehensive plan amendment to increase residential density within this District shall only provide
for that density increase via utilization of the transfer of development rights (TDR) program, except TDR
credits shall not be required for projects determined by the Board of County Commissioners to have a
public benefit.
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2. Urban Residential Fringe Subdistrict [Page 28]
The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area
and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed
Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross
acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either"a" or"b"
below.
Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except
as specifically provided below for the Affordable Housing Density Bonus. All rezones are encouraged
to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully
responsible for all necessary water management improvements, including the routing of all on-site and
appropriate off-site water through the project's water management system, and a fair share cost of
necessary improvements to the CR 951 canal/out-fall system made necessary by new development in
the Subdistrict.
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a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands
designated as Rural Fringe Mixed Use District Sending Lands, with the following exceptions:
i. Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending
Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2
of the Density Rating System, which may achieve an additional maximum density of up to 1.3
units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up
to 1.3 dwelling units (transferable development rights) per acre from lands located w -ene
mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands;
or, ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit
Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to
the one mile limitation set forth above and may utilize TDRs from any lands designated Sending
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands within
the 196.4 acre portion of the San Marino Planned Unit Development described below, via the
transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall not
be subject to the one mile limitation set forth above and may utilize TDRs derived from any lands
designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum
allowable density. The Property is further described as follows:
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2. Density Bonuses [Page 53]
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d. Residential In-fill [Page 54]
To encourage residential in-fill in urban areas of existing development outside of the Coastal High
Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following
criteria are met:
(a) The project is 20 acres or less in size;
(b) At time of development, the project will be served by central public water and sewer;
(c) The project is compatible with surrounding land uses;
(d) The property in question has no common site development plan with adjacent property;
(e) There is no common ownership with any adjacent parcels; and
(f) The parcel in question was not created to take advantage of the in-fill residential density bonus
and was created prior to the adoption of this provision in the Growth Management Plan on
January 10, 1989;.
(g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from
Sending Lands; and
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(h)
maximum of one dwelling unit per acre by transferring that additional density from Sending
Lands.
f. Transfer of Development Rights Bonus [Page 54]
To encourage preservation/conservation of natural resources, density transfers are permitted as
follows:
(a) From Urban designated areas into that portion of the Urban designated area subject to this
Density Rating System, in accordance with the Transfer of Development Rights (TDR)
provision contained in Section 2.03.07 of the Land Development Code, adopted by
Ordinance No. 04-41, as amended, on June 22, 2004 and effective October 18, 2004. For
projects utilizing this TDR process, density may be increased above and beyond the density
otherwise allowed by the Density Rating System.
(b) From Sending Lands in conjunction with qualified infill development.
(c) From Sending Lands located within one mile of the Urban Boundary into lands designated
Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre, with
the following exceptions:
i. Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending
Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2
of the Density Rating System, may transfer TDRs from Sending Lands located within one mile
of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density
increase of 1.3 units per gross acre.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit
the one mile limitation set forth above and may utilize TDRs from any lands designated Sending
increase.
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands within
the 196.4 acre portion of the San Marino Planned Unit Development described below, via the
transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall not
be subject to the one mile limitation set forth above and may utilize TDRs derived from any lands
designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum
allowable density, The Property is further described as follows:
That portion of the San Marino Planned Unit Development described in Ordinance No.
200010, as amended, excepting the±39 acres located in the South '/2 of the Southwest '/4 of
the Northwest IA of Section 11, Township 50 South, Range 26 East, and in the Northwest IA
of the Southwest '/4 of Section 11, Township 50 South, Range 26 East.
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II. AGRICULTURAL/RURAL DESIGNATION [Page 74]
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B. Rural Fringe Mixed Use District [Page 76]
The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists
of approximately 93,60077,200 acres, or 76% of Collier County's total land area. Significant
portions of this District are adjacent to the Urban area or to the semi-rural, rapidly developing,
large-lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural
Fringe Mixed Use District do not represent a significant portion of the County's active
agricultural lands. As of the date of adoption,of this Plan Amendment,the Rural Fringe Mixed
Use District consisted of more than 5,550 tax parcels and includeds at least 3,835 separate
and distinct property owners. Alternative land use strategies have been developed for the
Rural Fringe Mixed Use District, in part, to consider these existing conditions.
The Rural Fringe Mixed Use District provides a transition between the Urban and Estates
Designated lands and between the Urban and Agricultural/Rural and Conservation designated
lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach,
including both regulations and incentives, to protect natural resources and private property
rights, providing for large areas of open space, and allowing, in designated areas, appropriate
types, density and intensity of development. The Rural Fringe Mixed Use District allows for a
mixture of urban and rural levels of service, including limited extension of central water and
sewer, schools, recreational facilities, commercial uses and essential services deemed
necessary to serve the residents of the District. In order to preserve existing natural resources,
including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the
major public rights-of-way within this area, and to protect private property rights, the following
innovative planning and development techniques are required and/or encouraged within the
District.
Any comprehensive plan amendment to increase residential density herein shall only provide
for that density increase via utilization of the transfer of development rights (TDR) program,
except TDR credits shall not be required for projects determined by the Board of County
Commissioners to have a public benefit.
1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use
District is to establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup lost value and
development potential through an economically viable process of transferring such rights to
other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may
be transferred from lands designated as Sending Lands to lands designated as Receiving
Lands on the Future Land Use Map, subject to the provisions below. Residential density may
not be transferred either from or into areas designated as Neutral Lands through the TDR
process.
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A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use
District that have been identified as being most appropriate for development and to which
residential development units may be transferred from areas designated as Sending
Lands. Based on the evaluation of available data, these lands have a lesser degree of
environmental or listed species habitat value than areas designated as Sending and
generally have been disturbed through development, or previous or existing agricultural
operations. Various incentives are employed to direct development into Receiving Lands
and away from Sending Lands, thereby maximizing native vegetation and habitat
preservation and restoration. Such incentives include, but are not limited to: the TDR
process; clustered development; density bonus incentives; and, provisions for central
sewer and water. Within Receiving Lands, the following standards shall apply, except for
those modifications that are identified in the North Belle Meade Overlay:
1. Maximum Density, except for Housing that is Affordable: The base residential
density allowable for designated Receiving Lands is one (1) unit per five (5) gross
acres (0.2 dwelling units per acre). The maximum density achievable in Receiving
Lands through the TDR process is one (1) dwelling unit per acre. This maximum
density is exclusive of the Density Blending provisions. Dwelling Units may only be
transferred into Receiving Lands in whole unit increments (fractional transfers are
prohibited). Once the maximum density is achieved through the use of TDR
Credits, additional density may be achieved as follows:
a) A density bonus of no more than 10% of the maximum density per acre shall
be allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the CCME.
b) A density bonus of no more than 10% of the maximum density per acre shall
be allowed as provided in Policy 6.2.5(6)b of the CCME.
2. Maximum Density for Housing that is Affordable: For a project providing housing
that is affordable, a maximum density of twelve and two-tenths (12.2) units per acre
is allowed, consistent with Section 2.06.00 of the LDC, subject to rezone approval,
and subject to the approval of an "Affordable Housing Agreement." TDR credits are
not required, nor allowed, to achieve density.
3. ?Clustering: Where the transfer of development rights or provision for housing that
is affordable is employed to increase residential density within Receiving Lands,
such residential development shall be clustered in accordance with the following
provisions:
a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Receiving Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size allowable for a single-family detached dwelling unit is
one acre.
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c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
3, 4. Minimum Project Size: The minimum project size required in order to receive
transferred dwelling units is 40 contiguous acres, except no minimum project size
is required for the Receiving Lands areas along Immokalee Road.
4.5. Emergency Preparedness:
a) In order to reduce the likelihood of threat to life and property from a tropical
storm or hurricane event, community facilities, schools, or other public buildings
shall be designed to serve as storm shelters if located outside of areas that are
likely to be inundated during storm events, as indicated on the Sea, Lake, and
Overland Surge from Hurricane Map for Collier County. Impacts on evacuation
routes, if any, must be considered as well. Applicants for new residential or
mixed use developments proposed for Receiving Lands shall work with the
Collier County Emergency Management staff to develop an Emergency
Preparedness Plan to include provisions for storm shelter space, a plan for
emergency evacuation, and other provisions that may be deemed appropriate
and necessary to mitigate against a potential disaster.
b) Applicants for new developments proposed for Receiving Lands shall work with
the Florida Forest Service and the Managers of any adjacent or nearby public
lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the
likelihood of threat to life and property from wildfires. This plan will address, at
a minimum: project structural design; the use of materials and location of
structures so as to reduce wildfire threat; firebreaks and buffers; water features;
and, the impacts of prescribed burning on adjacent or nearby lands.
-5,6. Allowable Uses: Uses within Receiving Lands are limited to the following:
a) Agricultural uses;
b) Single-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan,
development standards to ensure that the transitional semi rural character of
the—R ri, -F ;ge Mixed Use Distri t is preserved. These—development
standards shall include, but arc not limited to: building heights, design
standards, buffers, and setbacks.
d) Rural Villages, subject to the provisions set forth in II. B.3 of this element.
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e) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
f) 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.
g) Staff housing as may be incidental to, and in support of, safety service facilities
and essential services;
h) 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.
i) Sporting and Recreational camps within which the lodging component shall
not exceed 1 unit per 5 gross acres;
j) Essential services.
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
(a) For golf course projects, including both freestanding golf courses and
golf courses with associated residential development: one TDR credit
shall be required for every five (5) gross acres of land area utilized as
part of the golf course, including the clubhouse area, rough, fairways,
greens, and lakes, but excluding any area dedicated as conservation
that is non-irrigated and retained in a natural state. Any residential
development associated with the golf course shall have a minimum
density of one (1) dwelling unit per five acres.
(2) Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International's Gold
Signature Program and the Florida Department of Environmental
Protection.
(3) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995 September 2012.
{4) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
{a) The use of slow rel ase nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
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(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
(5)To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a)Irrigation systems shall be designed to use weather station information
and moisture sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(b)As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub Element Objective 1.4 and its
policies;
(c)Native plants shall be used exclusively except for special purpose ar a�
-such as golf greens, fairways, and building sites. Within these excepted
ar as, landscaping plans shall require that at least 75%of the trees and
C50 of Oho shr bs he freeze_tolerant native Floridian species At least
75% of the required native trees and shrubs shall—also be drought
tolerant species.
(4)(4) Stormwater management ponds shall be designed to mimic the
functions of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site preservation
area requirements, on an acre- to- acre basis, shall be given for littoral
shelves that exceed these littoral shelf area requirements.
(7) (5) Site preservation and native vegetation retention requirements shall
be the same as those set forth in CCME Policy 6.1.2. These areas are
intended to provide habitat functions and shall meet minimum dimensions as
set forth in the Land Development Code. These standards shall be
established within one year.
I) Commercial development as permitted as part of an approved Rural
Village. Within vile year of adoption of these amendments the County will
develop aporepciate--standaFds—fer—GGRIffief-r4al—clevelopment—within—Rtwel
Villages, with particular focus on design, scale, and access provisions that will
maintain the rural character or semi rural character of the District.
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m) Research and Technology Parks, consistent with the Research and
Technology Park Subdistrict provided for in the Urban designation, and within
an approved Rural Village. Within one year of adoption of these amendments,
the County
Parks-within i n
provisions that will maintain the rural character or semi rural character of the
District.
n) Business and Industrial Uses as identified as Florida Qualified Target
Industries. Within one (1) year from the date of adoption of this amendment,
initiate LDC amendments to provide design standards, development
standards, and locational criteria.
o) Neighborhood commercial uses within Affordable Housing projects. Within one
(1)year from the date of adoption of this amendment, initiate LDC amendments
to provide uses, design standards, development standards, and locational
criteria.
a}pI Zoo, aquarium, botanical garden, or other similar uses.
a)gq Public educational plants and ancillary plants.
p) Facilities for the collection, transfer, processing and reduction of solid waste.
q-} s� Community facilities, such as, places of worship, childcare facilities, cemeteries,
social and fraternal organizations.
r) fSports instructional schools and camps.
s) u) Earthmining, oil extraction and related processing.
t) yl Asphalt and concrete batch-making plants.
Travel trailer recreational vehicle parks, provided the following criteria are met:
1) The subject site is abutting an existing travel trailer recreational vehicle
park site; and,
2) The subject site is no greater than 100% the size of the existing abutting
park site.
v) x1 Parks, open space, and recreational uses.
w) yl Private schools.
6, 7. Density Blending shall be permitted subject to the provisions set forth in the
Density Rating System.
8. Open Space and Native Vegetation Preservation Requirements:
a) Usable Open Space: Within Receiving Lands, projects utilizing TDR Credits greater
than 10 acres in size shall provide a minimum of 70% usable open space. Usable
Open Space includes active or passive recreation areas such as parks, playgrounds,
golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable
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Open Space shall also include areas set aside for conservation or preservation of
native vegetation and lawn, yard and landscape areas. Open water beyond the
perimeter of the site, street right- of-way, except where dedicated or donated for
public uses, driveways, off- street parking and loading areas, shall not be counted
towards required Usable Open Space.
b) Native Vegetation Preservation: Native vegetation shall be preserved as set forth in
CCME Policy 6.1.2.
8. Adjustment to Receiving Lands Boundaries. For all properties designated
Receiving Lands where such property is contiguous to a Receiving Land/Sending
Land boundary, the property owner may submit data and analysis to the County in
an attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
Management Plan amendment to consider such boundary changes upon a
showing of the following:
a) The property is contiguous to Sending Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property contains
c) An adjustment to the Receiving Lands boundary will not adversely affect the
TDR program.
B) Neutral Lands: Neutral Lands have been identified for limited semi-rural residential
development. Available data indicates that Neutral Lands have a higher ratio of native
vegetation, and thus higher habitat values, than lands designated as Receiving Lands,
but these values do not approach those of Sending Lands. Therefore, these lands are
appropriate for limited development, if such development is directed away from
existing native vegetation and habitat. A lower maximum gross density is prescribed
for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses
permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral
Lands, the following standards shall apply:
1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre).
2. Clustering: Clustering of residential development is allowed and encouraged.
Where clustered development is employed, it shall be in accordance with the
following provisions:
a) If within the boundaries of the Rural Transition Water and Sewer District, and
consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Neutral Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size is one acre.
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c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
d) The minimum project size shall be at least 40 acres.
3. Allowable Uses:
a) Agricultural uses;
b) Single-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan, subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development standards
shall include, but are not limited to: building heights, design standards, buffers,
and setbacks.
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 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.
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 following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International's Gold
Signature Program and the Florida Department of Environmental
Protection.
(2) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
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for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995 September 2012.
usage, golf courses shall demonstrate the following management
practices:
{a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
{d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
(1) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station information
and moisture sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub Element Objective 1.4 and its
policies;
such as golf greens, fairways, and building sites. Within these excepted
ar as, landscaping plans shall require that at least 75%of the trees and
50 of Oho shr bs he freeze tolerant native Floridian species Ot least
75% of the required native trees and shrubs shall also be drought
tolerant species.
{5)(3) Stormwater management ponds shall be designed to mimic the functions
of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for
water dependent avian species. The combined length of vertical and rip-
rapped walls shall be limited to 25% of the shoreline. Credits to the site
preservation area requirements, on an acre- to- acre basis, shall be given
for littoral shelves that exceed these littoral shelf area requirements.
(6}(4) Site preservation and native vegetation retention requirements shall be the
same as those set forth in the Rural Fringe Mixed Use District criteria. Site
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preservation areas are intended to provide habitat functions and shall meet
minimum dimensions as set forth in the Land Development Code. These
standards shall be established within one year.
k) Zoo, aquarium, botanical garden, or other similar uses.
I) Public educational plants and ancillary plants.
m) Facilities for the collection, transfer, processing and reduction of solid waste.
n) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
o) Sports instructional schools and camps.
p) Earthmining, oil extraction and related processing.
q) Parks, open space, and recreational uses.
r) Private schools.
s) Existing units approved for the Fiddler's Creek DRI may be reallocated to those
parts of Sections 18 and 19, Township 51 South, Range 27 East added to
Fiddler's Creek DRI together with part of Section 29, Township 51 South,
Range 27 East, at a density greater than 1 unit per 5 gross acres provided that
no new units are added to the 6,000 previously approved units, which results
in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further
provided that no residential units shall be located on that part of Section 29
within the Fiddler's Creek DRI; and further provided that South Florida Water
Management District jurisdictional wetlands impacted by the DRI in said
Sections do not exceed 10 acres.
4. Native vegetation and preservation requirements: Native vegetation shall be
preserved as set forth in CCME Policy 6.1.2.
5. Density Blending shall be permitted subject to the provisions set forth in the
Density Rating System.
6.
Lands where such property is contiguous to a Neutral Land/Sending Land
boundary, the property owner may submit data and analysis to the County in an
year from the effective rlate of this provision the County may initiate a Growth
a) The property is contiguous to Sending Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property contains
c) An adjustment to the Neutral Lands boundary will not adversely affect the TDR
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C) Sending Lands: Sending Lands are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands,
uplands, and habitat for listed species.
1. Sending Lands are located entirely within the Rural Fringe Mixed Use District and are
depicted on the Future Land Use Map. Based upon their location, Sending Lands are
the principal target for preservation and conservation. Private Property owners of lands
designated as Sending Lands may transfer density to Receiving Lands within the Rural
Fringe Mixed Use District, and to lands within the Urban Designated Area subject to
limitations set forth in the Density Rating System. All privately owned lands within the
Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA)
Overlay are designated Sending Lands.
2. Base Severance Rate: Development rights may be severed from Sending Lands at a
maximum rate of 0.2 0.4 TDR credits per acre (4 2 TDR Credits per five acres).
Utilization of TDR Credits and TDR Bonus Credits in Receiving Lands may only occur
in whole number increments (fractions are prohibited). In the case of legal
nonconforming lots or parcels in existence as of June 22, 1999, where such lot or
parcel is less than 5 acres in size, one two (2) TDR Credits may be severed from said
lot or parcel.
3. Conditions Applicable to Base and Bonus TDR Credits:
a) Base TDR Credits may not be severed from Sending Lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The severance of credits shall be recorded in public records utilizing a legal
instrument determined to be appropriate by the County Attorney's Office. Said
instrument shall clearly state the remaining allowable lands uses on the subject
property after all, or a portion, of the residential density has been severed from the
property.
c) Where development rights have been severed from Sending Lands, such lands
may be retained in private ownership or may be sold or deeded by gift to another
entity.
d) The bonus provisions set forth in subsections 4 through 6 below are applicable to
properties from which TDR Credits were severed prior to and subsequent to the
effective date of this amendment.
e) These bonus provisions set forth in subsections 4 through and 5 6 below are also
applicable to the North Belle Meade Overlay provisions of the Future Land Use
Element.
f) Any Sending Lands from which TDR Credits have been severed may also be
utilized for mitigation programs and associated mitigation activities and uses in
conjunction with any county, state or federal permitting.
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g) No Conveyance Bonus Credits shall be available without provision of a plan for
management and maintenance as authorized in subsection 4 below (the
Environmental Restoration and Maintenance TDR Bonus).
4. Environmental Restoration and Maintenance TDR Bonus: One (1) additional TDR
Bonus Credit may be issued to the owner of each five_acre parcel or legal
nonconforming lot of record. This Bonus shall be granted upon the County's acceptance
of a Restoration and Management Plan (RMP) that is consistent with a listed species
management plan that includes habitat management, the removal of exotics and the
maintenance of the land exotic free. The property owner may contract with any of the
government agencies or contractors deemed qualified by the County for implementation
of the RMP. The property owner shall provide financial assurance, in the form of a
performance surety bond or similar financial security acceptable to the County, that the
RMP shall remain in place and be performed until the earlier of a) or b) below the
following occurs:
a) Viable and sustainable ecological and hydrological functionality has been achieved
on the property as measured by the success criteria set forth in the RMP.
b) The property is conveyed to a county, state or federal agency, as provided for in
subsection 5 below.
c) For Sending Lands properties in private ownership located within, or partially
within, the Belle Meade Hydrologic Enhancement Overlay (BMHEO), the
Environmental Restoration and Maintenance TDR Bonus Credit shall be granted
when, within two (2) years of the effective date of this provision: (1) the property
owner provides a "Flow-Way Easement" to Collier County; and, (2) the property
owner removes the invasive exotic plants from the parcel. The County will assume
responsibility for the recording of the easement and the perpetual exotic
maintenance of the parcel as a condition of the property owner granting the
easement.
5. Conveyance TDR Bonus: A TDR Bonus Credit shall be issued to the owner of
each five (5) acre parcel or legal nonconforming lot of record designated as Sending
Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five acres
or legal nonconforming lot of record for conveyance of fee simple title to a federal,
state, or local governmental agency by gift; or to a not-for profit entity or land trust,
approved by the Board of County Commissioners, by gift.
Entr TDR Ron s An Early Entry TDR Bonus shall ho available in Oho form of an
v v M from
March 5, 2004, or until Scptcmbcr 27, 20227 u nless f irther extended by resoliMinn by
the Board of County Commissioners. Early Entry TDR Bonus Credits may be used after
the termination of the bonus period.
6. Belle Meade Flow-Way TDR Bonus: Private property owners of land located within or
partially within the Belle Meade Hydrologic Enhancement Overlay (BMHEO), as
depicted on the BMHEO Map, may sever development rights from Sending Lands at a
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maximum rate of 0.4 TDR credits per acre (2 TDR Credits per five acres) or legal
nonconforming lot of record in exchange for providing a "Flow-Way Easement" to
Collier County. Eligibility is limited to within two (2) years of adoption of the
establishment of the BMHEO. Eligible parcels are identified on the Belle Meade
Hydrologic Enhancement Overlay Area FlowWay TDR Bonus Credit Eligibility Map,
adopted by separate resolution (Res. 21-XXX).
7. Permitted Uses: Permitted uses are limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right
to Farm Act).
b) Detached single-family dwelling units, including mobile homes where the Mobile
Home Zoning Overlay exists, 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, with which the lodging component shall not
exceed 1 unit per 5 gross acres.
f) Essential Services necessary to serve permitted uses identified in Section 7.a)
through 7.e) such as private wells and septic tanks.
g) Essential Services as follows, necessary to serve Urban area or the Rural
Transition Water and Sewer District: utility lines, except sewer lines; sewer lines
and lift stations, only if located within non-NRPA Sending Lands, and only if located
within already cleared portions of existing rights-of-way or easements; and, water
pumping stations and raw water wells.
h) Essential Services necessary to ensure public safety.
i) 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.
8. Conditional Uses:
a) The following uses are conditionally permitted subject to approval through a public
hearing process:
(1) Essential services not identified above in 7.f). Within one year, Collier County
will review essential services currently allowed in the Land Development Code
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and will define those uses intended to be conditionally permitted in Sending
designated lands. During this one-year period or if necessary, until a
comprehensive plan amendment identifying conditionally permitted essential
services, no conditional uses for essential services within Sending designated
lands shall be approved.
(2) Public facilities, including solid waste and resource recovery facilities, and
public vehicle and equipment storage and repair facilities, shall be permitted
within Section 25, Township 49S, Range 26E, on lands adjacent to the existing
County landfill. This shall not be interpreted to allow for the expansion of the
landfill into Section 25 for the purpose of solid waste disposal.
(3) Commercial uses accessory to permitted uses 7.a), 7.c)and 7.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.
(4) 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.
(5) Facilities for resource recovery and for the collection, transfer, processing and
reduction of solid waste, for a ±29-acre property located within the southwest
quarter of the southwest quarter of Section 31, Township 49S, Range 27E,
provided previously cleared or disturbed areas are utilized so as to avoid
impacts to native habitats and to protect existing conservation easement areas
from new or expanding uses. This shall not be interpreted to allow for the
establishment or expansion of facilities for landfilling, dryfilling, incinerating, or
other method of onsite solid waste disposal.
(6) Active recreational uses only on lands owned by government entities other than
the State of Florida and designated North Belle Meade Overlay, subject to
criteria and/or definitions established in the LDC.
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.
9. Where residential density is transferred from Sending Lands, allowable uses shall
be limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right
to Farm Act), including water management facilities, to the extent and intensity that
such operations exist at the date of any transfer of development rights.
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b) Cattle grazing on unimproved pasture where no clearing is required;
c) Detached single-family dwelling units, including mobile homes where the Mobile
Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40
acres. In order to retain these development rights after any transfer, up to one
dwelling must be retained (not transferred) per 40 acres.
d) One detached dwelling unit, including mobile homes where the Mobile Home
Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For
the purpose of this provision, a preexisting lot or parcel is one that was in existence
on or before June 22, 1999 and 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. In order to retain these development rights after any transfer, up
to one dwelling must be retained (not transferred) per each lot or parcel.
e) Habitat preservation and conservation uses.
f) Passive parks and passive recreational uses.
g) Essential services, as authorized in Sending Lands.
h) Oil extraction and related processing, excluding earth mining.
10. Native Vegetation shall be preserved as set forth in CCME Policy 6.1.2.
11. Adjustment to the Sending Land Boundaries. For all properties designated Sending
Lands where such property is contiguous to a Sending Land/Neutral Land boundary or
property owners to advise of the opportunity to submit additional data and analysis to the
County in an attempt to demon^
notice will be provided within three months of the effective date of these Rural Fringe
a Growth Management Plan amendment to consider boundary changes, based upon the
data and analysis, as may be warranted. Under the following conditions, adjustments may
be proposed to Sending Land boundaries:
aThe nr� on �{� �s to Neutral or Receivirn ands
GV LZ,l11Q�,
obtained by the County, indicates that the subject property does not contain
characteristics warranting a Sending designation;
c) An adjustment to the Sending land boundary requires an amendment to the Future
Land Use Map.
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11. Clustering: For Sending Lands Parcels a minimum of eighty (80) acres, or an
aggregation of parcels where each is a minimum of forty (40) acres, clustering is
allowed in accordance with the following provisions:
al The maximum lot size allowable for a single-family detached dwelling
unit is one acre.
121 The clustered development shall be located on the site so as to provide
to the greatest degree practicable: protection for listed species habitat;
preservation of the highest quality native vegetation; connectivity to
adjacent natural reservations or preservation areas on adjacent
developments; and, creation, maintenance or enhancement of wildlife
corridors.
D)Additional TDR Provisions: Collier County has amended its land development regulations
to adopt a formal process for authorizing and tracking the Transfer of Development Rights.
This process includes the following provisions:
1. The establishment of a simple, expeditious process whereby private property owners
may, by right, "sell" residential dwelling units from lands designated as Sending Lands.
Said units (TDR Credits) may then be transferred by right to lands designated as
Receiving Lands, or to Urban Lands where authorized. Once established, the TDR
program shall be administratively reviewed and approved, requiring no further public
hearing or Board approval if consistent with the provisions for administrative approval.
2. The establishment of a process for tracking and recording all TDR Credits in the public
records of Collier County. This shall include the identification of the entity or department
responsible for on-going administration of the TDR program. In addition, the County shall
consider the feasibility of establishing a "TDR Bank," to be administered by the County or
some other not-for-profit governmental or quasi-governmental public agency established
for this purpose.A primary objective of the TDR Bank is to make funds available to support
the TDR program by offering initial minimal purchase prices of TDR Credits.
3. Limitations and Procedures:
a) TDR Credits shall not be generated from Sending Lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The generation of TDR Credits through the severance of residential density from
Sending Lands shall be recorded in public records utilizing a legal instrument
determined to be appropriate by the County Attorney's Office.
c) Said instrument shall clearly state the remaining allowable land uses on the subject
property after all, or a portion, of the residential density has been severed from the
property.
d) Where residential density has been severed from Sending Lands, such lands may
be retained in private ownership or may be sold or deeded by gift to another entity.
4. The TDR process shall be the only mechanism to achieve increased density within
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Receiving Lands, excluding: the Density Blending provisions of this Plan;. Housing
that is Affordable in the Plan; and any density bonuses authorized in the Rural Fringe
Mixed Use District.
5. A 25-year prohibition on generating TDR Credits from any parcel, or portion thereof,within
Sending Lands has been cleared for agricultural purposes after June 19, 2002.
6. A TDR Bonus Credit shall be issued to the owner of private property for each five (5)
acre parcel or legal nonconforming lot of record designated Receiving Lands or Neutral
Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five acres or
legal nonconforming lot of record, utilized for a conservation use. A perpetual easement
shall be placed on lands used for conservation uses to protect these lands in perpetuity.
A restrictive covenant in favor of Collier County will be placed on lands used for
conservation restricting the use in perpetuity to protect against non-conservation
development.
2. Buffers Adjacent to Major Public Rights-of-way: In order to maintain and enhance the
rural character within the Rural Fringe Mixed Use District, within one year of adoption of this
amendment, Collier County will adopt land development regulations establishing buffering
standards for developments adjacent to existing or proposed arterial and collector public
roadways. These standards shall include, but are not limited to: applicability provisions,
including establishing a minimum project size below which these requirements shall not apply;
the degree to which water features, including water management lakes and canals, may be a
part of this buffer; credits for existing native vegetation that is to be retained; and, credits toward
any open space and native vegetation preservation requirements.
3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural
Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife
habitat within the Rural Fringe Mixed Use District; to reduce the need for residents of the
District and surrounding lands to travel to the County's Urban area for work, recreation,
shopping, and education; and, to enhance the provision of limited urban and rural levels of
service through economies of scale. Rural Villages shall be comprised of several
neighborhoods designed in a compact nature such that a majority of residential development
is within one quarter mile of Neighborhood Centers or Village Center. Neighborhood Centers
may include small scale service retail and office uses, and shall include a public park, square,
or green. Village Centers shall be designed to serve the retail, office, civic, government uses
and service needs of the residents of the village.
The Village Center shall be the primary location for commercial uses. Villages shall be
surrounded by a green belt in order to protect the character of the rural landscape and to
provide separation between villages and the low density rural development, agricultural uses,
and conservation lands that may surround the village. Villages shall be designed to include
the following: a mixture of residential housing types; institutional uses; commercial uses; and,
recreational uses, all of which shall serve the residents of the Village and the surrounding
lands. In addition, the following criteria and conditions shall apply, except for those
modifications that are identified in the North Belle Meade Overlay:
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A) Process for Approval: The Collier County Land Development Code includes provisions
for the establishment of Rural Villages. These provisions establish specific
development regulations, standards, and land use mix requirements. Subsequent to
the creation of these provisions, Rural Village applications shall be submitted in the
form of a Planned Unit Development (PUD) rezone and, where applicable, in
conjunction with a Development of Regional Impact (DRI) application as provided for
in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions
of law that may supersede the DRI process.
B) Locational Restrictions:
1. A Rural Village shall not be located any closer than 3.0 miles from another Rural
Village.
2. No more than one Rural Village may be located in each of the distinct Receiving
Areas depicted on the FLUM.
3: 1.A Rural Village shall have direct access to a roadway classified by Collier County
as an arterial or collector roadway. Alternatively, access to the Village may be via
a new collector roadway directly accessing an existing arterial, the cost of which
shall be borne entirely by the developer.
4 2. A Rural Village shall be located where other public infrastructure, such as
potable water and sewer facilities, already exist or are planned.
C) Rural Village Sizes,and Density, and Design:
1. Rural Villages shall be a minimum of 300 acres and shall utilize Rural Village
standards herein and within the LDC. A Rural Village shall have and a maximum
of 1,500 acres, except within Receiving Lands south of the Belle Meade NRPA
where the maximum size may not exceed 2,500 acres. The Rural Village size is
exclusive of the required green belt area. Rural Villages shall include a Village
Center and a minimum of two distinct neighborhoods.
2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per
gross acre and 3.0 units per acre, respectively. The density calculation for a Rural
Village may include the base residential density permitted for the green belt area,
if such density is shifted to the Rural Village area.
3. Density shall be achieved as follows:
a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per
acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the
land area designated as a green belt surrounding the Rural Village, is granted by
right for allocation within the designated Rural Village.
b) The additional density necessary to achieve the minimum required density for a
Rural Village shall be achieved by any combination of TDR Credits and TDR
Bonus Credits. For each TDR Credit acquired for use in achieving the minimum
density in a Rural Village, one Rural Village bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
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herein may be achieved through any of the following, either individually or in
combination:
1) Additional TDR Credits.
2) TDR Bonus Credits.
3) A one-half(0.5) unit bonus for each (1) unit that is provided for low income
residents.
4) A density bonus of no more than 10% of the maximum density per acre
allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the
CCME.
5) A density bonus of no more than 10% of the maximum density per acre as
provided in Policy 6.2.5 (6)b. of the CCME.
4. Greater than 50 percent of residential development shall be located within one
quarter mile of a Neighborhood Center or the Village Center.
5. Rural Villages shall include a Village Center and a minimum of two distinct
neighborhoods.
D) Land Use Mix:
1. Acreage Limitations
1. Neighborhood Center Characteristics
ql Small scale service retail and office uses allowed; maximum floor area ratio
(FAR) of .5
121 Parks and Public Green Spaces required; minimum of one (1) percent of total
Village acreage
2 Village Center Characteristics
a) Floor Area Ratio or Intensity
1. Retail and Office allowed; maximum FAR of 0.5
2. Civic, Government, and Institutional Services allowed; maximum FAR of 0.6
3. Group Housing allowed; maximum FAR of 0.45
4. Transient Lodging allowed; maximum of 26 units per acre net
b) Goods and Services required; minimum of 53 sq. ft. gross building area per
dwelling unit
c) Civic, Government and Institutional Services required; minimum of 10 sq. ft. per
dwelling unit
0
acres, within ach Neighborhood Center.
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b) Neighborhood Center Commercial Not to exceed 10% of the Neighborhood
Center acreage and 8,500 square feet of gross leasable floor area per acre.
c) Village Center Not to exceed 10% of the total Village acreage.
0
and 10,000 square feet of gross leasable floor area per acre.
e-) d) Research and Technology Parks allowed; must be --Gconsistent with the
provisions of the Research and Technology Park Subdistrict in the Urban
Mixed Use District, excluding paragraph j; the Park shall not exceed 4°10 of the
total Village acreage.
0
E) Open Space and Environmental Protection:
1. Greenbelts: In addition to the requirements for parks, village greens, and other
open space within the Rural Village, a greenbelt averaging 200 300 feet in width
but not less than 2-100 feet in width, shall be required at the perimeter of the Rural
Village. The Greenbelt is required to ensure a permanent un-developable edge
surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only
be designated on Receiving Lands. The allowable residential density shall be
shifted from the designated Greenbelt to the Rural Village. The greenbelt may be
concentrated to a greater degree in areas where it is necessary to protect listed
natural reservations, or provide for wellfield or aquifer protection, Golf courses and
existing agriculture operations are permitted within the greenbelt, subject to the
native vegetation preservation requirements specified below in paragraph 2.
However, golf course turf areas shall only be located within 100 feet of the
Greenbelt boundaries (interior and exterior boundary); further, these turf areas
shall only be located in previously cleared, or disturbed areas (see CCME Policy
6.1.2(1)).
2. Open Space and Native Vegetation Retention.
a) Native Vegetation shall be preserved as set forth in the Conservation and
Coastal Management Element Policy 6.1.2.
b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a
minimum of 40% of Open Space shall be provided.
3. An environmental impact statement for the Rural Village and surrounding greenbelt
area shall be submitted in accordance with Policy 6.1.7 of the CCME.
F) Fiscal Neutrality: A Rural Village may only be approved after demonstration that the
Village will be fiscally neutral to county taxpayers outside of the Village.
1. An analysis shall be conducted and submitted in conjunction with the PUD rezone
and/or DRI application evaluating the demand and impacts on levels of service for
public facilities and the cost of such facilities and services necessary to serve the
Rural Village. This evaluation shall identify projected revenue sources for services
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and any capital improvements that may be necessary to support the Village.
Additionally, this analysis shall demonstrate that the costs of providing necessary
facilities and services shall be fiscally neutral to County taxpayers outside of the
Village. At a minimum, the analysis shall consider the following: a)
Stormwater/drainage facilities;
b) Potable water provisions and facilities;
c) Reuse or "Grey" water provisions for irrigation;
d) Central sewer provisions and facilities;
e) Park facilities;
f) Law enforcement facilities;
g) School facilities;
h) Roads, transit, bicycle and pedestrian facilities and pathways;
i) Solid Waste facilities.
Development phasing and funding mechanisms to address any impacts to level of
service in accordance with the County's adopted concurrency management program.
Accordingly, there shall be no degradation to the adopted level of service for public
facilities and infrastructure identified above.
G) As part of the development of Rural Village provisions, land development regulations
shall identify specific design and development standards for residential, commercial
and other uses. These standards shall protect and promote a Rural Village character
and shall include requirements for parks, greens, squares, and other public places. In
addition to the public spaces required as a part of a Village Center or Neighborhood
Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In
addition, the following shall be addressed:
1. Rural Village, Village Center and neighborhood design guidelines and development
standards:
• A formal street layout, using primarily a grid design and incorporating village
greens, squares and civic uses as focal points.
• Neighborhoods and the village center will be connected through local and
collector streets and shall incorporate traffic calming techniques as may be
appropriate to discourage high-speed traffic.
• Consideration shall be given to the location of public transit and school bus
stops.
• Pedestrian paths and bikeways shall be designed so as to provide access and
interconnectivity.
• The siting of both schools and housing units within the village shall consider
the minimization of busing needs within the community.
• Each Rural Village shall be served by a primary road system that is accessible
by the public and shall not be gated. The primary road system within the village
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shall be designed to meet County standards and shall be dedicated to the
public.
• Access drives shall not be required to meet County standards.
• A Rural Village shall not be split by an arterial roadway.
• Interconnection between the Rural Village and abutting developments shall be
encouraged required.
2. Specific allocations for land uses including residential, commercial and other non-
residential uses within Rural Villages, shall include, but are not limited to:
• A mixture of housing types, including single-family attached and detached, as
well as multi-family. Projects providing affordable housing as required in the
Rural Fringe Mixed Use Overlay contained in the Collier County Land
Development Code shall receive a credit of one-half(0.5) units for each (1) unit
constructed. Collier County shall develop, as part of the Rural Village Overlay,
a methodology for determining the rental and fee-simple market rates that will
qualify for such a credit, and a system for tracking such credits.
• A mixture of recreational uses, including parks and village greens.
• Civic, community, and other institutional uses.
• A mixture of lot sizes, with a design that includes more compact development
and attached dwelling units within neighborhood centers and the Village
Center, and reduced net densities and increasingly larger lot sizes for detached
residential dwellings generally occurring as development extends outward from
the Village Centers. A mixture of retail, office, and services uses.
3. Specific development standards, including but not limited to, maximum net
densities; required yards; landscaping and buffering, and building heights.
4. If requested by the Collier County School Board during the PUD and/or DRI review
process, school sites shall be provided and shall be located to serve a maximum
number of residential dwelling units within walking distance to the schools.
Accordingly, schools, if requested, shall be located within or adjacent to the Village
Center. Where a school site is requested and provided, a credit toward any
applicable school impacts fees shall be provided based upon an independent
evaluation/appraisal of the value of the land and/or improvements provided by the
developer.
H) For the Belle Meade and North Belle Meade Receiving Areas,within one (1)year from
the effective date of adoption of these amendments, staff will initiate a study to
evaluate the public infrastructure needs, maximum density allowance, employment
opportunities, and design parameters, and propose appropriate GMP and/or LDC
amendments.
4. Exemptions from the Rural Fringe Mixed Use District Development Standards —
The requirements, limitations and allowances of this District shall not apply to, affect or limit
the continuation of existing uses. Existing uses shall include: those uses for which all
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required permits were issued prior to June 19, 2002; or projects for which a Conditional use
has been approved by the County prior to June 19, 2002; or, projects for which a Rezone
petition has been approved by the County prior to June 19, 2002—inclusive of all lands not
zoned A, Rural Agricultural; or, land use petitions for which a completed application has
been submitted prior to June 19, 2002. The continuation of existing uses shall include
onsite expansions of those uses if such expansions are consistent with or clearly ancillary
to the existing uses. Hereafter, such previously approved developments shall be deemed
to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe
Mixed Use District, and they may be built out in accordance with their previously approved
plans. Changes to these previous approvals shall also be deemed to be consistent with the
Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as
they do not result in an increase in development density or intensity.
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V. OVERLAYS AND SPECIAL FEATURES [Page 99]
A. Area of Critical State Concern Overlay
The Big Cypress Area of Critical State Concern (ACSC)was established by the 1974 Florida
Legislature. The ACSC is displayed on the Future Land Use Map as an overlay area. The
ACSC encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban
(Port of the Islands, Plantation Island and Copeland). Chokoloskee is outside the boundaries
of the Big Cypress ASCS. Two areas located within the boundaries of the ACSC are exempt
from the ACSC regulations: Everglades City: and, Ochopee, which is described as all of
Sections 27, 28, 33 and 34, Township 52 South, Range 30 East.
***********************************text break**************************************
B. North Belle Meade Overlay [Page 102]
The North Belle Meade(NBM) Overlay is depicted on the FLUM. Uses shall be as provided for
in Receiving, Neutral, NRPA and non-NRPA Sending Lands, except as provided herein for
Neutral Lands in Section 24, Township 49 South, Range 26 East, and shown on the North
Belle Meade Overlay Section 24 Map. Development and preservation standards within this
Overlay shall be as provided herein.
C. Belle Meade Hydrologic Enhancement Overlay (BMHEO) [Page New]
The purpose of the BMHEO is to restore natural flow ways and rebalance freshwater flows into
two natural systems — Naples Bay and Rookery Bay. Naples Bay has been adversely impacted
over the years from an abundance of fresh water from the Golden Gate Canal; and, Rookery Bay
from increased salinity caused by too little freshwater inflow. The Comprehensive Watershed
Improvement Plan is a county initiative designed to address these adverse impacts with a series
of hydrologic improvements to rebalance these two natural systems while rehydrating
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approximately 10,000 acres of land within and adjacent to the Picayune Strand State Forest to
reestablish historical flows through this area. As a result, lands within the BMHEO will have
standing water at varying levels depending on the location of these lands within the Overlay. The
Lands within the Core Hydration Area will be impacted by a larger volume of water and for a longer
period, and lands within the Primary and Secondary Flow Ways will be impacted to a lesser degree
(refer to BMHEO Map).
Lands within the BMHEO are under public and private ownership. Recognizing the public benefit
achieved through these hydrologic enhancements, private property owners within the BMHEO will
be eligible to participate in the Transfer of Development Rights Program, as provided within the
RFMUD TDR provisions herein.
************************************textbreak*************************************
CD. Natural Resource Protection Area Overlay [Page 120]
The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect
endangered or potentially endangered species and to identify large connected intact and relatively
unfragmented habitats, which may be important for these listed species. NRPAs may include
major wetland systems and regional flow-ways. These lands generally should be the focus of any
federal, state, County or private acquisition efforts.
NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development);
2. CREW(Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. Belle Meade;
5. South Golden Gate Estates;
NRPAs located in the Rural Fringe Mixed Use District are identified as Sending Lands. Owners
of Pprivate property owners within these NRPAs may transfer residential development rights
from these important environmentally sensitive lands in accordance with Sending Lands
provisions.
Natural Resource Protection Areas (NRPAs) shall have the following standards:
1. Vegetation Retention and Site Preservation - Calculated at the higher value of 90% of the
native vegetation present, or 90% of the total site area, or as may otherwise be permitted
under the Density Blending provisions of the FLUE. Applicable standards provided for in
CCME Policy 6.1.2 shall also apply;
2. Listed species protection shall be provided for as specified in CCME Policy 7.1.2;
3. Permitted and conditional uses for publicly owned lands within an NRPA Overlay shall be
those as set forth under the Conservation Designation.
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4. For privately owned lands within a NRPA Overlay and designated Sending Lands,
permitted and conditional uses shall be those as set forth in the Rural Fringe Mixed Use
District for Sending Lands.
5. For privately owned lands within a NRPA Overlay and designated Estates, permitted and
conditional uses shall be those as set forth in the Estates Designation within the Golden
Gate Area Master Plan, in recognition of Florida's private property rights laws. As these
privately owned Estates Designated lands are acquired for conservation purposes, the
Plan will be amended to change the Designation to Conservation.
6. There are approximately 15 sections of privately owned land within a NRPA Overlay that
are not designated Sending and are not located within the Rural Fringe Mixed Use District
(where all Sending Lands are located). Eight (8) of these sections, known as the "hole-in-
the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded
by platted Estates lots, almost all of which have been acquired by the State under the
Florida Forever program as part of the Picayune Strand State Forest. The remaining seven
(7) sections are within an approved mitigation bank located north and west of Corkscrew
Swamp Sanctuary. Uses on these lands are limited to restoration and mitigation and, at
the completion of this restoration process, these lands will be deeded to a land
management entity for conservation purposes.As these privately owned Agricultural/Rural
Designated lands are acquired for conservation purposes, the Plan will be amended to
change the Designation to Conservation. Until such time, in recognition of Florida's private
property rights laws, permitted and conditional uses for these privately owned lands shall
be those set forth in the Agricultural/Rural Mixed Use District.
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Exhibit A
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Exhibit A
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