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Resolution 1999-36212/ 2 RESOLUTION NO. 99.. A RESOLUTION APPROVING INTERIM AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP, GOLDEN GATE MASTER PLAN ELEMENT AND RELATED MAPS AS APPROPRIATE OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO: MAP NATURAL RESOURCE PROTECTION AREAS AND ESTABLISH PERMITTED LAND USES FOR THESE AREAS; PROVIDE FOR AN ASSESSMENT OF ALL RURAL/AGRICULTURAL AND CONSERVATION AREAS OUTSIDE OF THE URBAN DESIGNATED AREA, SOUTH GOLDEN GATE ESTATES AND THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN AND TO ESTABLISH INTERIM DEVELOPMENT REGULATIONS FOR THESE AREAS UNTIL THE ASSESSMENT IS COMPLETED AND THE GROWTH MANAGEMENT PLAN IS AMENDED ACCORDINGLY. WHEREAS, on April 6. 1996. Collier Courtly adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and WHEREAS. on December 24, 1997, the Department of Community Affairs (DCA) issued ils Notice and Statement of Intent to find the County's EAR-based amendments not In compliance as defined by Section 163.3184(1)(b). Florida Statutes; and WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to fined certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance; and WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned for a formal administrative hearing to review the EAR-based amendments found In non- compliance; and WHEREAS. the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administralive Law Judge was assigned and a five-day formal administrative hearing took place in May 1998; and WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 1999. finding the EAR-based amendments at issue in non-compliance; and WHEREAS. the matter was considered by the Governor and Cabinet sitting as the Administration Commission on June 22. 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized Io take final agency action regarding whether or not comprehensive plan amendments are in compliance; and 12A2" WHEREAS, the Administration Commission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and Conclusions of Law contained therein also found the EAR-based objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to adopl Interim Amendments to the Growth Management Plan by September 14. 1999; and WHEREAS, Collier County has prepared and the Collier County Planning Commission has considered the proposed Interim Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said Interim Amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Interim Amendments, the DCA has thirty (30) days to review the proposed Interim Amendments and DCA must then transmit, in writing to Collier County, its comments along with any objections and any recommendations for modification, within said thirty (30) days pursuant to the Final Order of the Administration Commission; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt. adopt with changes or not adopt the proposed changes to the Interim Amendments, within thirty (30) days of such receipt pursuant to the Final Order of the Administration Commission. 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 Interim Amendments and any maps related thereto attached hereto and incorporated by reference herein as composite Exhibit A for the purpose of transmittal to the Department of Communib/Affairs thereby initiating the required State evaluation of the Interim Amendments prkx' to final adoption and State determination of compliance with the Final Order of the Administration Commission, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. 12/12 THIS Resolution adopted after motion, second and majority vole. Done this ~ day of~L.g~~:~. 1999. ATTEST: '.,DWIGHT E. BROCK, Clerk :;-,~.;,. ,;.' . ~:..Approved a~ to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairwoman Assistant County Altomey 1999 Resolution/June 22, 1999 Administration Commisslon's Final Order 12A2"" Exhibit A-1 FUTURE LAND USE ELEMENT F. Policy 3.2: As "'""* "'~ "' ........m; .....'~*" ':"~' The Land Development Regulations .hpve. been codified into a single unified Land Development Code (Ordinance 91-102). Tthe development review process shc'J :",..~ has been evaluated and improved. by '~'c t!,,"'~c,~ '""'~'~"""~ for the ...4....,;.......~, ...-,,~ n ...., .....~ c: ....,mi~,. ..........~ Ill ,I ,Ul I~tV~ ~VV~IIV.. ~, b~lT~ ~ ,VIV~,I ,~..i ' TV~.Vl.V,[~ ~. V~,,, ~O Ch""'"' '~'~ -~'~no c S :,~,.,,,.i; ..........~'"'"'"'*" '~'"'"'" ' ..........'" ,.~h'"" ...~ ............... ~ .,,,; .............................~, ............to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through .-a streamlining ef procedures ^: .......... '"'""' sh"" "'" ,mcdc ~r :,,,,-~..,,;,.., ..,, ....... ;.,,,. I ..X ~ .... I .... { D .... '~';~.~ OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4,1: A detailed Scctcr Master Plan for Golden Gate Estates shell has been developed and WaS incorporated into this Growth Management pl=n ~.,, ^ ...... ' in February, 1991 The o....,,.,,. Master Plan .-~,-,:I addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: A detailed Ma~,ter Plan for the Immok?lee has been developed and wa~ inc0rpQr.at~d into this Growth Manaqement Plan in February, 1991. The. Ma.s!e.r Plan addres~;e.~ NatvrW Resourc,,es, F..uture Land Use, Public Facilities, H0u.sing, Urban Design, Land Development Requlations and other consid.erati0ns. Major purposes of th~ Master Plan shall be coordination of land use and transportation Planning, redeve.!opment or re.newal of blighted area,s and elimination of land uses inconsistent with the community's character~ 17 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2 Policy 4,3: A detailed Master Plan f9r Marco Island ha.~ been developed and was incorporated into this (~rowth Managemen! Plan in January, 1597, Th~ Ma~t~r Plan a(;ldr'ess~s P0pulat. iQn, p~JI;)lic Facilities, Future Land Use, Urban Desiqn, Land Development Regulati9ns and other considerations. Policy 4,.,2 4: Corridor Management Plans ¢:,ha4.1 have been developed by Collier County in conjunction with the City of Naples...,.,4 ~ .......,,..~ ;,-,,.-. ,,.,;,.. G,cv,~. ~A.,,.,.~,., ...., ,.-,,.,.., ~.., ^ ......, ,~r~n,, The Plans shell-identi~ appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans ch"'~! have bee.._0.n completed for the following road corridors: Goodlette-Frank Road ~0uth of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard ^ : pu,~cc, c "'~ *" .... ~'~"' ~" .... ~'"" ~'^ "':~':"~'~ ...... '~'"":"'"' '"~' ..... ~ ..... ~"'"'"' ~ty>o-~her~.e~Future Corridor ManaQement Plans may be prepared a~ directed by the Board of County Commissioners, The qoal~ for each Corridor Manaeem. ~nl Pl{in will be establi~;hcd prior to the development of the Plan. C0rrid0r~ that m~.y be co.nsidered ioiptly with th.~. City of Naples.include: a. Pine Ridqe.Rg~d from U~; 4! to Goodlette-Frank Road; b, Davi~ Boulevard from US 41 to Airpod Road: (;:. US 41 from ¢reech Road tg Pine Ridge Road; and d. US 41 from Davis B0ul.e. vard tO AirPor! Road The Board of County Commissioners will determine the boundaries of the.(;0rfidor$ s.elected and the time frame for completion, (-IX.} Policy 4=35: An Industrial Land Use Study shall has been developed and a summary_ incorporated into the support document of this Growth Management Plan. ~-" thc '" ...... :,.. r., .... ,..~........, e.....:,..... D~,.Lc~c.. ~,, e....,..,..~.~. 1993, The study chc!! includes a detailed inventory of industrial uses, projections of demand for industrial land. and recommendations for future land use allocations and Iocational criteria. AnN' """=~"'; ..... '"'""'"' .., ,k.. ~..,...,k ..........,..,~.., ,:,l,.., A, : ,~... ~ ~o ~....A......., ,.,,,.i.. The ,-,h ,,-h., ,,.,I.~,.,11 A ,.,,.-...,.,-~h-,.+~.,/,.,:l.k l::ccncm!c n .... , ..... , r, ..... ;' "" """"='"' Ccunb. F. Upon c0mplcti(>n of the I~c. qn0mic Plan, a. ~tud¥ will be undertaken to identify the need fOF additional Industrially designated land within the Coastal Urban Area. · (l?, ~n.q) ,v,,, Policy 4.4 6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map ~hc~ have been developed and incorporated into the Collier County Land Development Code. by '""'~ ........~' ....~' '"' .....~' '""c'~'~cJ" (X!I) ............................. ,,~. ................................~."cjcctc. The intent of these-Access Management m~,-,~ ....~ ~ defined by ......':"'"'"'" uc,!n.g the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions which are created shall be encouraged to dedicate cros s-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. 18 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2 Policy 4.7: Redevelopment Plans for existing ¢q. mmer¢ial and residential areas may be considered by th~ Board of County Commissioners. These plan~ may consider alternative land USe plans, modifications. to development sta.ndards, and inc,.entives that may be necessary to encourage redevel9pmen. t. For proPedies that have been reviewed under the Zoning Reeva!uation Program, changes to the density and intensity of use permitted may be considered,, in order to encouraqe redevelopment in the~e areas. Some of the specific areas that may be c,.q. nsidered by the Board 0[ County C0mmis~;i0ners for red~velgp.rnent include: a. Pine Ridge Road between U.S. 41 ..NQrth.. and ..(~.o..od!ett. e-Frank Road; b. Bayshere Drive between U.S. 41 East and Thomasson Drive; c, U.$, 41 ..E. ast between Davis .Bo.uleyar~ql a. nd. Airport-Pulling Road; ~.. Davis Boulevard between U.S. 41 East and Airpod-Pulling Road: e, U,$,.41...North in Nap!es Park: f. C.R. 951 between Green Boulevard and Golden Gate Parkway: and. g. Bonlla Beach Eoad between Vanderbilt Drive and the west end of Llttl~ Hickory Shores #1. Policy 4.68: Maintain and update,.oq an annual basis,..the following demographic and land use information: E--e_xisting permanent population, existing seasonal population, projected population, existing dwelling units ,..and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. Policy 4.9 PrePare a Rural and Aaricultural Area Assessment. or any phase th. ereof, and adopt plar~ amendments necessary to implement the findings and results of the Assessment. o.r. any phase thereof, pgrsuant to the Final Order ('AC,,-99-002) issued by' the Administration Commission Qn June 22, 1999. The geographic scope of the assessment area, public participation procedures. interim development provisions, and the designation of Natural Resource Protection Areas on the Future Land Use MaD are descril~ed. in detail in the Agricvltur¢l/R~ral Designation Description Section. Policy4.10 Public DarticiDa.~gn and input shall be a primary feature and goal of the elanninq and assessment ~ffort, ReDre_sentatives of state and reaional aaencies shall be invited to participate and assist in the assessment, The County shall ensure communiN input through each phase of the Assessment which may Include workshops. public meetings. appointed committees. technical wQrkinq clro~Jps, and established advisory board~ includina the Environmental Advisory Committee and the Collier County Pl~nr~ing Commi~si0n in ~a~h phase of the Assessment. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. 19 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2" Policy 5.1: All rezonings must be consistent with this Growth Management Plan. "'f .....~, ,4, n ...., .....,~ ~,.,, ,m Pro~rtv zoned ........ "prior to adoption of the Plan (January 10, 198g) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Pro~rties Consistent by Policy, Zonino chanaes will be permitted tc m~kc ~ I~0 these properties. and to other properties deemed consistent with this Future Land U~e Element via Policies 5.9 throuah 5.12. provided the amount of commercial land use, industrial land use. permitted number of dwelling units, and the overall intensity of development allowed by the_new zonin0 district, except as allowed by Policy 5.11, PUD/~.--.l,,,-~=-,-. = .... ~.. ,...,.,~ ..... ~ ........ 4...i ...... ..~ .... '" """~ """"-~ are not increased r,~, ..... , .... ~'~"':"' """~"" '~"*-:"' .... ~'=^" .... *;"'*" "rcduction [" '~-'-'":" .... ;" "~'-" ~'-' Policy 5.2: All proposed develapment shall be reviewed for .~nsistencv ....'" .....~.ifh the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioner~ !~.m~.c'.iblc shall not be permitted. 19,1 Shaded and underlined portion is added; shaded and struck-through portion is deleted ;,.,,-t, ,,--,,,.;..-,t 1,.,,.~, ,,.,,.,, ,~,,~, k~ ,.,,',r,r,-.,,.,,,I ,'., ,*,.,;,q,., ¢ ~'ho In'4' ,,,.,,.;,-,I ~;,,..{.,-;,.f i.,,., ........~1,,,., ¢,.,,..,,,,,:,,,-, ,..,..;,..,,.;.., ,.,,, ,,.) ~ RO,"';;C.'~., "'"'~ '"'""'"+'"""f ....~'""' C."T,d .........~ ~ .....:.,I,,,.I ,,,. ;,., ,,f,,,,,., t,, ..,~;~.; .....,; .......:,.,~. ,,,~,-; t, Besides b;31;i¢ Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or I~usines~; Pork t, JSeS. The C-$, ¢-4 ;3nd PUP Cgmmerci01 Zoning Districts along the perimeter of the desig.n;3ted Urban - Industri;31 District that existed as of OcDber 1997 ~;h;311 b~ deemed c,.onsistent with this L0nd Use Distdct Industrially designated areas $h;311 h;3ve ;3ccess to a road classified as 0n ;3derial or collector in the Traffi.¢ Circulation Element. or access may be provided via ;3 local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High te~hn01ogy; g. Laboratories; h. Assembly; i. Computer and data processing: i. Business services; k. Other basic industrial u~;es os described in the Industri;31 Zoning District gf the Land Development Code; I. Bul;iness Pork uses as discussed below and as described in the Business Park Zoning District of the Land DeveDi;,ment Code; and m. Support commercial uses, such as child care centers and rest0urants. 1. Business Park Subdistrict The Business Park Su.bdistrict is intended tO provide for ;3 mix of industrial uses and n9n-industri;31 uses, designed in an ;attractive park-like environment with low structural densib/where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the, emplove~$ and patrons of the P;3rk. Business Parks shall be all~v~d os a subdistrict in the Urb;3n Industri0! District subject tQ the criteri;3 set forth under the Business Park Subdistrict in the Urb0n-Mixed Use District. VI.)II. AgRICULTURAL/RURAL DESIGNATION Rural & Agricultural Area Assessment The Governor and ¢;3binet ~itting ;3S the Administration Commission, on June 22, 1999, issued the Final Order ~AC-99-0021 pursuant to Section 163,3184(10~(b~. Flodda Statutes. in Division of Administrative Headn0 Case No. 98-0324GM, Pursuont to the Order, C911ier County is required to oreoare a Rural and Aqdcultuml Assessment ¢As~es~ment), This Assessment may be phased, Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2 The Geoqraphic Scope of the Assessment Area ~hall be as follows: Includes; All land designated AgricCtural/Rura[ Big Cypress Area of Critical State Concem Conservation lands outside the Urban Boundary, $O~Jth Golden Gate Estates Excludes: All Urban designated areas N0rthem Golden Gate Estates The Settlement District Th~ A.~sessment. or any phase thereof, shall be a C,.011ab0rativ. ~, community-based effort with full and broad- based Dublic participation and a$siCance from applicable State and Regional agencies, At a minimum. the Assessment must identify the means to accomplish the followinc~: 1j I~ent~ and propose measures to protect prime agricultural areas, Such measures should prevent the premature c(~nversion O~' agricultural lands to other 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water auality and auantity and maintain the natural water regime as well as to protect listed animal a.n.d plant species and their habita!.s, 3. A.~SeS~ the growth potential of the Area by assessinq the p0t(~ntial cgnversi0n of rural lands to other uses, in appropriate locations, while disc,,,ouraging urban sprawl, directing incompatible laqd uses away from critical habi!at and en .c~ur..~ging develoDm~nt that utilizes creative land use planning te.chn[.ques includino_. but not limited to. public and private schools, urban villages, new towns, satellite communities, area-based allocations, cjustering and open space provisi0.n[; and mixed use development. The Assessment, or any phase thereof, shall recognize..the.. substantial advan.tages of innovative approaches to development which may better serve to prgtecl; environmentally sensitive areas, maintain the economic viability of agricultural . and other predominantly. rural la0d uses, and provide for the cost efficient delivery of pul~li(;: facilities and services. Interim Development Pr~vlslons for the Agriculturalf Rural Assessment Area Amendments based on the Assessment shall b~ completed by June 22.2002. Residential ~ndgther u~es in .the/~rea for which completed applications f~)r development approval. rezoning. conditional use. subdivision ~.pproval. site plan approval, or plats w.ere filed with or approved bY Collier County pdor tq J.une 22, !9~9, shall be processed and considered under the Comprehend;lye Plan as it existed on June 22. 1999. If the ¢o~.ntY elects to address a specific geo§raphic. P0dion of the Area as a phase of the A~sessment, the intedm land use r~ntr'01~ shall be lifted from the specific.qeographic area upon completion of the applicable phase of the Assessment and the implementing ¢omprehensiv~ Plan amendment~ for that phase becoming effective. Until I;h.o Assessment is complete and comprehensive plan amendments to implement the Asses~.m~nt, or any phase thereof. are in effect, the only land uses and development 811owab!e in the are..e shall I;)e those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.;~). in eff~t ~n June 22.1999 for the Agricultural/R~ral District, .except th~ f0110winc~ uses are prohibited and shall not. be allgwed: 1. New g01f..cour~es or driving ranges. 2. Extension, .or new provision of central water and sewer service into the Area. 3, New 12ackaqe wastewater treatment plants, 4, Residential development except farmworker housing or housing directly related t9 ..~;uooort farminc~ operations. or staff housing (12 du/ac~ and other uses directly related to t. he management of Publicly-owned land, .or one single family dwellinq unit _Der lot or parcel created prior to June 22, 1999. 46.1 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2 5.'!*c, ommercial or industrial development except (~as and telephone facilities. electric ~'~,~: transmission and distribution facilities. emeraencv Dower structures. fire and police ~:* ~[:ltons. emerqenc',/medial stations. 6, ~ Transient residential such as hotels. motels. and bed and breakfast facilities, ..7:Zoo?aauarium, botanical garden, or other similar uses, .8. Public and ornate schools. 9, Collection and transfer sites.for resource recovery. ! 1, Social and fraternal ora_anizations. !2. Group care facilities, .13; Sports instJ'uctional schools and camps, 14; 'Asphalt and concrete batch making planIs, 15,' Recreational Vehicle Parks Th.~e interim development standards shall not affect or limit the continuation of existing uses, Existing uses shall also include those uses for which all re(]uired permits have been issued, or uses for which completed applications have been received bY the County prior to June 22. !999, The continuation of existing uses shall jpclude ex]:)ansions of those uses if such expansions are consistent with or cleady ancillary to the existin0 use_ and do not rea¥ire ~ rezoninQ or comprehensive plan amendment: Natural Resource Protection Areas (NRPAs) The foliowine areas shall be generally mapped and identified as Natural Resource Protection Areas (NRP~); Camp Keais Strand, CREW Lands, Okaloacoochee S!ou(~h, B_elle Meade and Sou..th Golden. Gate Estates, Natural Resource Protection Areas {'NRPAs) are desi(~nated on the Future Land Use Map; 1, ' Within these areas. only agriculture and directiv-related uses and one single family dwelling unit per parcel or lot created Ddor to June 22. 1999. shall be allowed: 2.; These Interim development standards shall not affect or limit the continuation of existing uses. Existing ~ses shall also Include those uses for which all rec~uired permits have been issued, o~. uses for which completed applications have been received bY the County prior to June 22. 1999. The continuation of existina uses shall include exDansions of those uses if such expansions are consistent with or cle{~rly ancillary to the existine use and do not re~3uire a rezoninc~ or comprehensive Dian amendment; :~, ..'The general location shall be identified on a map as the Interim NRPAs and shall be refined as actual data and ana .!ysis is made available during the Collier CounN Rural and Agd~ltural Area Assessment. 4. The Camo Keats Stand and Oka!oacoochee Slough NRPAs include agricultural reservoirs (stormwater . treatment systems) that function as si<3nificant wildlife habitat and are an inte0ral part of current ~ agricultural uses, The identification of these systems within the listed NRPAs shall not preclude the future use of these' systems for agricultural purposes or !reply more strin0ent water (~ualitv standards, notwithstandinc~ any permitting requirements contained in the South Florida Water Manaoeme13t Distdct's · ERP permitting propram. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore mOSt allowable land uses are of 46.2 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2 'J low intensity in an effod to maintain and promote the rural character of these lands. A !iralied cclcctl.cn cf ~cnd .... *l--d ~ny not The followina uses are permitted in this District. subject to the Interim Development Provisions: a. Aqd9ultural uses such as farming, ranching, forestry, bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non- cQnf0rrning lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; e. Essential services as defined in the Land Development Code; f. Safety service facilities; g. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject tO the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal requlati9ns, h. C9mmunicati0n and utility facilities, except for c~ntral water and s?wer facilities as noted above; i. Migrant lab9r housing as provided in the Land Development Code; i, Earth minino. oil extraction and related processing; k. Asphalt plant as a Conditional Use as defined in the Land Develoc)ment C(;x;!e.I;;)rovided that the asphall plant; is 9ompatible with $urrgundinq land uses; iS not located in a County, $t~te or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet 9f a Florida State P~rk; is not 10c,.~ted within the Area of Critical State C;0ncem as depicted on the Future Land Use Map; and, is not 19c~ted within 1,000 feet of a natural reservation; I. Comrr~rcial uses accessory to other permitted uses, such as restaurant accessory to 00If c4)urse or retail sales of pr~;luce accessory to farming, so Ionq as restrictions 0r lirnit~ti9ns ore imposed to insure the commercial use functions as an accessory, subordinate use. Such restdcti0ns or limitations could include limiting the size and/or location of the commercial use and/or limitin¢l access to the commercial use; m. Commercial uses, within the Rural Commercial Subdistrict, based Ui~On criteria; n. Industrial uses within the Rural - Industrial District; 0. Travel trailer recreational vehicle parks, provided the following criteria are met: 47 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12 2 !. The density is consistent with the Land Development Code; 2. The ¢te has direct principal access to a road classified as an artedal in the Traffic Circul.ation Elerr~nt, direct principal access defined ,as ,a driveway and/or roadway connection to the artedal road, with ..no ~lcce~s points from interveninq properties; and, 3. The use will be compatible with surrounding land uses. A. Aqricultural/Rural - Mixed Use District. gr~ ~c~. Existing units approved for the Fiddler's Creek DRi may be rea!lo~ted to those pa~ of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DR! together with pa~ of Section 29, Township 51 South, Range 27 East, at a densi~ greater than I unit per 5 gross acres provided that no new uni~ are added to the 6,000 previously approved units, which results in a gross densi~ of 1.6 units per acre for ~e Fiddler's Creek DRI; and ruMher provided that no residential uni~ shall be Ionted on that paM of Sec6on 29 within the Fiddler's Creek DRI; and fu~her provided that Sou~ FIo~da Water Management District ju~sdi~ional we~ands impacted by the DRI in said Sections do not ex~ed 10 acres. b than 5 The Dumose of this Distdct is to protect and ~n~,urcqe agricultural activities, ~nse~e and prese~e environmen~llv sensitive areas, provide for low densiW residential development. and other uses identified under ~e Agdculturel/Rural Desiqnation. These areas ~enerally lack public fadliti¢8 UCanization is not promoted, therefore most allowable land use8 are of 10W intensi~ in an effcd to maintain and pro~te the ~ral character of these lands.. BesideBtial uses are allowed as follows subie~ to the intedm develoD~nt provisions: a. Low densi~ residentie dwelling units. at a maximum densi~ of one dwelling Mnit per five gross acres, ex~Bt for legal non-confo~ing lots of record,. Do~itodeS, duplexes and other staff housing. as may be orovided in ~ni~nction with ~nse~ation uses. at a densi~ in ac~rdan~ with the Land Bevelcement C~e; c. Group housin~ uses ¢t 8,densi~ in ac~rdan~ with that Dermi~ed in the L~nd Dev¢opment C~; d. S~ff hovcnq in ~nivnctjon with safe~ se~i~ facilities and essenti81 ~¢~i~8, at a densiW in a~rdan~ with the Land Development Code; e, Fa~ ~bor housing in a~rdan~ with the Fa~ Labor Housing orevision in the Land ,Development CCe; f,, Re.cation ~mp~ a8 defined in, end at the den¢~ allowed by, the ~and Dev¢opment Code. 48 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A2 1. , Rpral Commercial Subdistrict Within the Aqdcultural/Rural - Mixed Use District. commercial develooment. uo to a maximum of 200 acres. may be allowed providing the following standards for intensity of use are met and subjev-':t to the intedm development orovisions: a. The proiect, or that portion of a larqer proiect which is devoted to commercial development, is 2.5 acres or less in size; b. Th(~ pr0iect, or that portion of a larqer project which is devoted to commercial development, is no closer than 5 miles, measurf~d by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The [;)roposed uses are those permitted in the C-1, C-2 and C-3 Zoninq Districts of the Land Develooment Code; d. The proiect is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The project is buffered from adiacent orooerties. Rural - Industrial Distrlct ;,-..,-Ii .,-.i.,4,-,I I,..,...~,,-I "~,.., ,~,.~.~,,-4;f;,~,.~,,,., ;,,~.1. t,-I,-,~ I~. ~;1,-( ,-,,..f ,-,~r I.~,*.1.,, ,.~ ~c..I...,,,.,, : ,..,~,-4 ~C~[J;H,..,., f,~ ~, .rr,~,~ ~ ,-.*,,.,f. fl.~,.~ "0-"0,~,,, ,~.~,,.,1! I-,~ ;.,, +N,~ f,-,,..r.,..., ,.-,¢ ~ Dl-',,nn,-',,-'{ I l,-,~f I~,-,,,,-,!,.,,~r,-,,.,..~f. +~,.~ ..,,r,.,.t,.,,-.f ~...,11 h.-.,,,-, ,-,l;.-,.,,,.,f .,..,,,...,,,-,,.,,., nct'/ ' ..~..!..,,~i,.~ .-i,:!!: ....,-I ~.-.ma..~;.... ("Oil ....,..1..., ......i ....!..~..~ .......:-..-.,~ ..,.-.Pt .".Ct i-.., ..i .....i *.-. The Rural - Ind~.~tri~l District, which encompasses aD~)rgximately 600 ~cres of ~xisting industrial areas outside Qf Urban designated areas, is intended, and shall be reserved, for industrial type u~es, subject to the interim development provisions, Besides basic Industrial uses, limited commercial use~ are permitted. Retail c.4)mmcr¢ial uses are prohibited, except as accessory to Industrial uses, The 0..,-,~ ¢0mmercial Zoninq District on the perimeter of lands desi_qnated Rural - Ind~lStriat Dist,rict, as of O<;:tober '1997, shall be deemed consistent with this I.~nd Use District. All industr,ial areas shall have direct access to ~ road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses .?,hall be permitted in the Area of Critical state cQncem. For the purposes of in, terpretinq this District, oil and gas exploration, drilling, and production shall not be deemed to be industrial land uses and shall continue to be requlated by all applicable feder,al, state, and loewi law~. Intensities of use shall be those related to: 49 Shaded and underlined portion is added; shaded and struck-through portion is deloted 12 2 M~nufactudna: Processing: $tQraee and warehousina: Wh9iesalina: Distribution: Qther basic industrial uses as described in the Industrial Zgnina District in the Land Develooment Code; $uooort commercial uses, such as child care centers and restaurants;. C, Rural - Settlement Area District 4 ~ .,,~44 ~ -~, A .,~ ~,,L~4h.;.,,*IA..,~t ~.d,-,.*A ,..~,- -.~.A,4 ,,....q,.-{ hi. HA.'{ kAA~,~..*,.n 4 i'*'k~'7 ,-.,-.,,4 4 i'i'Tt'l I.., '"'AHIA'"A,'","*.i A~f "' I",,,a~..",,,;l .".,~d"'i'"|'"'"' lm fhn ........r...;.....4 .... ~ ~h;........-....~...h. 6h;............~.4.. h...... ~CO" ....-.~e.....~- f.~..- SI..~ ..... ;~....4 I.-. ,h~.J ......a..:... -~3J In I-.. This District consists of Sections 13, 14, 23.24. and a oortion of 22. Township 48 South. Range 27 East Oho former North Golden Gate Subdivision), which was zoned and D!atted between 1967 and 1970. In settlement of a lawsuit Dertainina to the permitted uses of this Drooertv. this omDertv has been 've~ted" for the uses ~~ in that certain "PUD by Settlement" zonin0 0ranted by the County as referenced in that, ~rtain ,~[gFI'LEMENT AND ZQNING AGREEMENT dated the 27th day of January. 1986. This ,,~tt~ment Area is commonly known as Oranqetree PUD. Refer to the Golden Gate Area Master Plan f~ permitted uses and standards. 5O Shaded and underlined portion is added; shaded and struck-through portion is deleted III. ESTATES DESIGNATION The Estates Land Use Designation crc encompass;es lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from support 'V. Ly.~ services and facilities. Expansion of the area 'M!! shall be discouraged. (~t.}Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. IV. CQNSERVATION DESIGNATION. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays and wetlands deserve particular attention because of their ecological value and their sensitivity to pedurbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County owned, [:)dmadl¥. by the public, although privale in-holdinqs and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Flodda Panther National Wildlife Refuge, Fakehatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuadne Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society Corkscrew Swamp Sanctuary ¢orivatelv owned) ~'"'""~""~" n;,.,~,,,,--,-;-.-~;---'",, --~' ...........'"'; .........;-"~ The boundaries of the Conservation Designation ........ ,'T'~' ~ ........., ......s.., ,..,, ~., ,.., ..........~ may periodically change as properties are acquired. ~ndards for development in the Conservation Designation are found in the Conservation and Coastal Manage~r~t Element and the County's Land 0~veloDment Regulations. The Con~ervi~tion Designation will accommodate limited residential development and future non-residential v~es, The following U~e~ are permitted in this Designation, subiect to the interim development provisions identified in the Agricultural/Rural Dealql!ation Description Section: a. Single family dwellinq units, and mobile homes where the Mobile Home Zoning Oveday exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 qross acres for pdvate in-holdings within the Big Cypress National Preserve - each <;Iwelling unit m~Jst be physically ~ituated on a minimum five acre parcel, or minimum 3 acre parcel for pdvate in-holdings within the Biq Cypress National Preserve. b, Dgrmitodes, duplexes and other staff housinq, as may be provided in conjungtion with conservation uses, f~t a density in accordance with that permitted in the Land. Development Code; 51 Shaded and underlined portion is added; shaded and struck-through podion is deleted 12A2 c. Group housinq uses at a density in accordance with that permitted in the Land Development Code; d. St~ff h9ucng in coniunction with safe~ service facilities and essential services, at a density in accordanr,.e with the Land Development Code; e. F~rm I~b0r housing in acc,.qrdance with the Farm Labor Housing pr0vi¢en in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. q. Essential services as defined in the Land Development Code; h. Parks, gpen space and recreational uses; i. CQmmvnity facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria; · Site area and schQ0l size sh~11 be subject to the General Ed~Jcational Facilities Report submitted a. nnuallv bv the Collier County School Board to the Board of County Commissioners. · The Site mu~;t ~q~rnpl¥ with the State Reauirements for Educational Facilities adoDted by the State Board of Education, · The site shall b~ svbj~q:l; to ¢11 ~oDlicable State or Federal reaulations. i, Commercial uses accessory_ to other oermitted uses. such as restaurant ac;:q, es~ry t0 gperation of a Park or Preserve; k. Safety service f~cilities; I. Utility and communication facilities; m. Earth mining; n. AqdcCture; and, o. Oil extraction and related processinq. V. OVERLAYS AND SPECIAL FEATURES A, ^re~ 9f Critical State Concern Overlay The Big Cypress Area of Cdtical State Concern (ACSC) was established by the 1974 Florida Legislature. The Cdtical Area is displayed on the Future Land Use Map as an oreday area. The Cdtical Area encompasses lands designated Conservation. Agricultural/Rural. Estates and Urban ('Port of the Islands, Plantation I~land and Copeland), Chokoloskee is excluCed from the Big Cvoress Area rcf (;:dtic,,¢l Stat. e Concern. All Development Orders within the Critical Area shall comply with Chapter ~ 28-2~, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern" cr '~c fc!!cwlng ..... "-': ...... ~;'-~' ......... :The Those regulations include the following: 52 Shaded and underlined portion is added; shaded and struck-through portion is deleted 12A~ Gul.f 12/ 2 Exhibit A-2 Golden Gate Area Master Plan · I~-. Site shall be no closer than Y2 road mile from the intersection of a Neighborhood Center; · e~-. Site shall be 2.5 acres or more in size and shall not exceed 5 acres; · ~ ~ Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · ~ Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and · S te shall not be adiac,.ent to parks or open space and recreational uses; · Site shall not be adjacent to Essential Services, except for libraries and museums. · Project shall provide adequate buffering from adiacent properties allowing residential-arcc, o uses. ,,-,_ .....u ....~ .....~,~,.~,~,'"',,~,- *~,- ~,-" ....:,,,-.' Fami!y Cars .......· .....~. ....~y ..........., .... ,., ........::, ........racy ......................~.c,.,,.,:,:~,, ~ .....'"""" Fcc!!! """'" "'~'"" ~' .....:""'~ "';'~:" +~'" ' '""'"'" '~;""'~ ' '"" District ~",.,,.,,-,,-,-,,.,..,~,-, ~ ;,,;,-,.,., C:,.,,-,;H,;,.,,,. ,-,,-,~ ~.h,r,',;,~,-, U~,,,.,,~C,~,.,' , , .................................................... ::, ................................ Cou~ '.- .... 5) Southern Golden Gate Estates Natural Resource Protection Overlay Southern Golden Gate Estates is identified as an Natural Resourc,,.e protection Area ('NRPA) Overlay on the C~Qlden Gate Area Future Land Use Map. Natural Resource Protection Areas (NRPAs) are desiqnated on the Golden Gate Area Land U~e Map: 1. W"~thin these areas, only a_qricultur_e and directly-related ¥ses and one sinqle family dwellinq unit per parcel or 10t created prior to June 22, 1999, ~hall be allowed; 2. These interim development standards shall not be interpreted to affect or limit the continuation of existin~ uses. Existinq USeS shall include those uses for which all re(~uired permits have ~een issued or uses for which completed applications have been received bY the CounN pd~r to June 22, 1999. The c,,qn~inuation Qf existinq uses shall include expansions of those ~eS if such expansions are c,~n~;istent with or clearly ancillary to the existing use and d~ nol require a rezoning Qr comprehensive. i;)lar~ amendment; 3. These areas shall ~e refined as actual data and analysis is made available durinq the Collier County Rur~.l ~nd Agricultur~l Area Assessment. 3. AGRICULTURAL/RURAL DESIGNATION - SETTLEMENT AREA DISTRICT Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This area is now known as the Orange Tree PUD and the types of uses permitted are described in the PUD Document. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the property as an area which is outside of the Urban Designation and which is currently far removed from supportive services and facilities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying similar uses on surrounding or adjacent property. The Settlement Area Land Use Distdct is limited to the area described above and shall not be available as a land use district for any other property in the County. 35 Shaded and underlined podion is added; shaded and struck-through portion is deleted 12A2 GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND GOLDEN GATE AREA FUTURE LAND USE MAP NAPL~ IMMOKAL£~'- ROAD OIL W~I.L ROAD DAVIS BLVD. EXT. SR.,-M R 26E RTTE