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Agenda 10/20/1999 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, October 20, 1999 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE 'COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. i October 20, 1999 PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, AS DIRECTED BY THE ADMINISTRATION COMMISSION PURSUANT TO ITS FINAL ORDER OF JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM) MORE SPECIFICALLY AMENDING THE FOLLOWING; ARTICLE 2, ZONING, DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY THE FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND DEVELOPMENT CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999, FOR A MAXIMUM THREE (3) YEAR PERIOD IN THE RURAL AND AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND RELATED MAP AND SECTION 2.2.31, DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR ANY LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY RELATED USES AND ONE SINGLE FAMILY DWELLING UNIT PER PARCEL OR LOT CREATED PRIOR TO JUNE 22, 1999 IN THE NATURAL RESOURCE PROTECTION AREAS (NRPAS), FOR A MAXIMUM THREE (3) YEAR PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 3. ADJOURN. 2 October 20, 1999 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, AS DIRECTED BY THE ADMINISTRATION COMMISSION PURSUANT TO ITS FINAL ORDER OF JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM) MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY THE FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND DEVELOPMENT CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999, FOR A MAXIMUM THREE (3) YEAR PERIOD IN THE RURAL AND AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND RELATED MAP AND SECTION 2.2.31, DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR ANY LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY RELATED USES AND ONE SINGLE FAMILY DWELLING UNIT PER PARCEL OR LOT CREATED PRIOR TO JUNE 22, 1999 IN THE NATURAL RESOURCE PROTECTION AREAS (NRPAS), FOR A MAXIMUM THREE (3) YEAR PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE. OBJECTIVE: TO adopt this LDC amendment as required by the Final Order. CONSIDERATION: This LDC amendment is necessitated by the conditions of the Final Order and follows the Board of County Commissioners approval of Comprehensive Plan Amendments adopting the interim land use restrictions and partial moratorium in the Rural Agricultural Assessment Area, including Natural Resource Protection Areas (NRPAs). Should the Board adopt Comprehensive Plan amendments addressing the matters identified in the Final Order for all or part of the assessment area and NRPAs prior to June 22, 2001, it will again be necessary for staff to amend the LDC to remove the interim restrictions and partial moratorium on those portions of the Rural Agricultural Assessment Area and NRPAS for which the Comprehensive Plans have been adopted. The BCC has scheduled public heatings to consider these LDC amendments on October 20, 1999 and November 3, 1999. NAo.GEN~A ITEM 1999 FISCAL IMPACT: Approval of these interim development regulations will have no fiscal impact on the County, but may have an impact on property owners who are unable to proceed with development of restricted uses during the assessment period. STAFF RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve these LDC amendments. PREPARED BY: PLANNING SERVICES DIRECTOR / o DATE ~ORIE M. STUDENT ASSISTANT COUNTY ATTORNEY DATE APP VED BY: ~I~I'~E~T X. ~AUTERO, DA~E CO~TY DEVELOPME~ & E~O~E~ SERVICES ~M~ST~TOR DAV~ C. WEIGEL o DAT~ CO~TY ATTO~Y AGENDA ITEM OCT 2 0 pg. 3 2 MEMORANDUbl TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COM2vIUNITY DEVELOPMENT SERVICES DMSION SEPTEMBER 15, 1999 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE LRqINCORPOKATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, AS DIRECTED BY THE ADMINISTRATION COMMISSION PURSUANT TO ITS FINAL ORDER OF JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM) MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DMSION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF PARTIAL MORATORRTM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY THE FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND DEVELOPMENT CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999, FOR A MAXI3/IUM THREE (3) YEAR PERIOD IN THE RURAL AND AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND RELATED MAP~ AND SECTION 2.2.31, DECLARATION OF PARTIAL MORATO~ ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR ANY LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY RELATED USES AND ONE SINGLE FAMILY DWELLING UNIT PER PARCEL OR LOT CREATED PRIOR TO JUNE .22, 1999 IN THE NATURAL RESOURCE PROTECTION AREAS (NRPAS), FOR A MAXIMUM THREE (3) YEAR PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE· CONSIDERATIONS: This LDC amendment is r~luired by the Final Order and follows the Board of County Commissioners approval of Comprehensive Plan Amendments adopting the interim land use restrictions and partial moratorium in the Rural Agricultural Assessment Area, including Natural Resource Protection Areas (NRPAs). Should the Board adopt Comprehensive Plan amendments addressing the matters identified in the Final Order for all or part of the assessment area and NRPAs prior to lune 22, 2001, it will again be necessary for staff to amend the LDC to remove the interim restrictions and partial moratorium on those portions of the Rural Agricultural Assessment Area and NRPAS for which the Comprehensive Plans have been adopted. The BCC has scheduled public hearings to consider these LDC amendments on October 20, 1999 and November 3, 1999. ' ..AGENI~ ITEM De~._ (7/ GROWTH MANAGEMENT PLAN IMPACTS: These amendments are made necessary as a result of a finding of noncompliance by thc DCA, which ultimately resulted in an administrative hearing and Final order issued by the Governor and Cabinet sitting as the Administration COmmission. These amendments are consistent with GMP amendments required b y the Final Order. PREPARED BY: PLANNING SERVICES DIRECTOR DATE ASSISTANT COUNTY ATTORNEY D - ~'-- ~ ~ DATE ~. ~'~UTERO, D,~FE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR COUNTY ATTORNEY COLLIER COUNTY PLANNING COMMISSION: MICHAEL $. BRUET, CHAIRMAN DATE -2- AGEND~I ITEM 'No, ~ ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-1~ ~ ~ED, ~ COLLAR CO~ ~ DE~LOP~ COD~ ~ ~~ ~ CO~~NS~ ~G ~G~ONS ~R ~ ~CO~~D ~A OF COLLAR CO~, ~O~ BY PROLOG ~ SE~ON O~ ~~; SE~ON ~O, ~GS OF FA~; SE~ON ~ ~ON OF ~~ TO ~ ~ DE~LOP~ COD~ ~ D~D BY ~ ~~~ON CO--ION P~U~ TO ~ ~ O~ OF ~ 22, l~ ~ C~E NO. ACC ~ ~ C~E NO. 9~ G~ MO~ SPE~C~LY ~~G ~ ~LLO~G: ~~ ~ ~G, D~ION ~ ~G D~~ PE~D US~ CO~ON~ US~ D~NSION~ ~~S TO ~D SE~ON 2J~0 DE~~ON OF P~ MO~TO~ ON ~ ~U~ OF .DE~LOP~ O~E~ ~R ~RT~ PE~ ~ CO~ON~ US~ PE~D BY ~ ~ ~ USE ELE~ ~ ff E~D ~ W~ ~ E~ ON ~ 2~ l~ ~ ~ SET ~R~ ~ SE~ON 2.2~ OF ~ ~ DE~LOP~ CODE ~ ff ~S~D ~ W~ ~ E~ ON ~ 22, l~, ~R A ~ ~E (3) ~ PE~OD ~ ~ R~ ~ AG~~ ~~ ~ ~~ONS ~~OM ~ ~~D ~ ~ SE~ON 2~1, DE~~ON OF P~ MO~TO~ ON ~ ~U~ OF DE~LOP~ O~E~ ~R ~ ~ US~ ~ ~R AG~~ ~ D~Y ~LA~D US~ ~ O~ S~G~ F~Y D~G ~ PER P~L OR LOT ~A~D P~OR TO ~ 22~ 1~ ~ ~ NA~ ~SO~ PROLCON ~ ~~ FOR A ~ ~E (3) ~ PE~OD, ~~ONS ~~OM ~ ~D ~ SE~ON ~ CO~I~ ~ SE~~; SE~ON ~ ~USION ~ ~. ~ DE~LOP~ CODE; ~ SE~ON S~ E~~ DA~. Recitals to go in ~ September 14, 1999 meeting. SECTION ONE: RECITALS The foregoing recitals ~r~ u'u~ m~d correct ~ incorporated by mfe~nce he.-in as if fully set forth. SECTION TWO: FI]VDINGS OF FACT Collier County, pursuam to Section 163.3161 er ~eq.. Flor~iaStatute4. th~Florid~Local Government Comprcheasiv¢ Planning and Land Development _Regulation Act (h~ "the Act") is r~uireci to pr~-par~ and adopt a ~mprehensive plan. 2. Section 163.3201. FTc~-~c~ ~es. provictes that is the intent of the Act that the adoption and enforcen~nt by Collier County of land development mgulatiom for the total unin~ ar~a ~ be based on. be relatecl to, and be a means of implementation of the adopted enmpr~d~nsive plan as r~luired by the Act. 3. Section t63.3194(IXG), ,sTo~a ~n~e~. requi~ that all land d~,velopa~nt t~ula~ms enacted or aznencled by Collier County sba~ be consistent with the adope0d c~ml~ebm~,e plun, or elmm~t or potion U~en~o£ On January 10, t989, Collier County adopted the Collier County Growth Management Plan or "GMP" as its comprehensive plan pursuant to the requirements of Section 163.3161 ef ~., F/o~ $~n~ and Rule 9I-5 of the Florida Administrative Code. ~t to Section 163.3191, ,C'/o~'E~ ,.~amz~. local governments are r~lulred to prepare and adopt the first periodic Evnluation and Appraisal Report Cn~er "EAR") within seven years of the adoption of their respective compr~h.ensive plans. Put,suant to Secti°n 163.3191(4), ~'lo~ ,~,m~, local governments must ndopt EAR- based amendments to their r~sl~x:tive comprehensive plans within one year of adoption of the EAR. On April 6, 1996 Collier County adopted its EAR which was found sufficient by the Southwest Florida Regional Plnnnlng Council pursuant to a Delegation of Authority Agr~ctnent with the Depamnent of Community Affairs (hereinafter "DCA"). On October 27, 1997, Collier County adopted the EAR-bssed amendments to its GMP which amendments were sent to thc DCA for its review to determine compliance with the Act and Rule 9J-$. On December 24, 1997, DCA is.sued its Notice of Intent finding certain of the EAR-based amendments not in compliance. The EAR-based amendments found not in compliance are: the Future Land Use Element including the Future Land Use Map; the Drainage and Natural Groundwater Aquifer Rech,~rge Subelements of the Public Facilities Element; the Intergovernmental Coordination Element; the Conservalion and Coastal Management Element; the Housing Element; and the Golden Gate Area Master Plan Element. Pursuant to Section 163.3184(10), Flor~l~ ,~n~r~. the DCA petitioned the Division of A,4mlni~'~tive Heatings for an Administrative hearing to dete3Tnine whether or not the referanced EAR-based amendments wer~ in compliance with thc Act and Rule 9~-5. An administrative hearing was held in Collier County tom May 4 through IVlsy 8, 1999 before and administrative law judge. On Ma~.h tg, 1999, the admini~ve law judge issued a reco~ onter finding that ati of the refe~nced EAR-ba.~xi smendments found not in r.,:,~ by the DCA wer~ not in compliance, ' A~3ENDA. ITEM' OCl 2 0 1999 Pg. , !o. il. 12. 13. 14. 15. 16. 17. iS. 19. 20. 21. 23. 24. On May of 1999, the case was transmitted to the Governor and Camn~t fitting aa the Adminisuation Co--oil pursuant to Section 163.3184(11), Florida Statute. On June 22, 1999, the Administration Commissio~ pursuant to Section 163.3184(11), Flor~ln ,~, issued its Fhtal Order finding the r~ferenced EAR-based amendments not in compliance and pr~ribin$ r~nedial actions nece~ary to bring those amendments Paragraph II of the Final Order r~luir~s Collier County to perform an assessment of the Estates iljustrated on the Futu~ Land Use Map of the GI~[P. Included in the Agriculture/Rural Assessment Area a:~ the Big Cypress Ar~ of Critical State Concern, ar~s designated Conservation on the Futu~ Land Use Map ~ designated Agzicul~ on the Futu~ Land Use Map and South Goklcn Crate This As.seasment is to be conducted and completed within a maximum of time ye~s ~rom the date of thc Final Order, or June 22, 2002. The Assessment may be conducted in phases ~xi any liven phase may be completed t an earlier point in time than the three-year timeframe. Paragraph fl of the Final Order also requires Collier County to determl-e and map preliminary boundaries for Natural Resource Protection Ar~as (her¢inafla' NRPAs) as a pan of ~his A.s,~asment. These NRPAs include. Camp Keis Strand, CREW Lands, Okaloachoochee Slough, Belle Me,cie and South Golden Crate Estates. The Assessment oF the NRPAs is For the purpose of more precisely d~flnlng lJ~ NRPA botmdaries and to develop land development r~gulations which would permit limited development while pmtectin$ the environmental resom~.es within e~ch NRPA. Ssld NRPA sttidy mttst b~ ~olxhlcled and within a lll,~,i~ulll of thr~ years flx~m th~ dalte of th~ Final Order or comple~d no later than June 22, 2002. The NRPA Study. aa · p~t of the assessmen~ may be condo-ted in phases and shy given Z, 1999 ,_?_ , 25. Dur~g the ~ three-year study period, Paragraph Fl of the Final Order impot, es llmitatiot~ upon the types of land use~ that ate permitted in the Agziculture/Rurai Assessment Area. 26. Paragraph 11 of the Final Order places llmitatiol~ upon thc types of laad uses pen~tted within the NI~A~ duriag the interim three-year study period. 2'/. C)~ September 14, 1999, Collier County adopted amemtme~cs to its Glv[P pursuant to the Filial Order which ~mendmenL~ limit the type~ of ~ ~ that are po'l~i~ within thc Agricultural/Rural Assessment Area and thc NRPAs for a maximum of the three yeats or until June 22, 2002 or aa earlier time should the Assessment or any phase thereof be completed ~ooner. 28. Said Interim Ameodments have beea transmitted to thc DCA and ~re under review in order to det~...ir~e their consiatem:y with the Fi~l Order. 29. Pu~'uaat to thc "Schedule for Remedial and Interim Plan Amendments" of thc Fi~l 30. Order, Collier County must adopt implementing land development tegulation~ by November 14, 1999. The partial momotium as to certain ~ of [and uses permitted within the Agricultum~ural Assessment Area and the NRPA~ as outlined by the Final Order is necessary and appropriate so that Collier County can gather the necesury information and data, analyze same and provide for broad-based public input leading to the adoption of araendments to the GM~ which will serve to regulate land ~ in the AgricultureJRtuai ~ent Area including the HRPAs to conserve aaci appropriately protect zmtural resources aad agricultural SECTION Tlila~.~.: ADOISTION OF AMeNDMeNTS - TO LAND DEVELOPMENT CODE Division 2.2., Zoning Districts, Pem~itted Use~ Cotsclitioaal Uses. Dimensionai Staadat~ of Oniimm~ 91-102, as amemted, The Collier County Laad Development Code, Hereby amended to add ne~ Sections 2.2.30 ami 2.2.31, re~ectively, to read as foUows: SUBSECTION 3.A AMeNDMeNTS TO ZONING DISTRICTS, PERMrlTI~D USES, CONOmONAL US~,S, DKM/JqSIONAL STAN1)AILS DIVISION ADDING DECLARTION OF PARTIAL MORATORIUM, EX~ONS TII~IrROM AND ~ I~OR RURAL AND sm 2.2.1o 2 0 1999 2.2.30.1 2.2.30.2 2.2.30.3 Duration. For a _n~iod not to exceed thr~ f3~ wears from the date 0f the Fi~d Order otthe Admini.nla'ation Commi~nion in Caa~ No. 99-02 (IX}AH Ca~ No. 98-0324 GM)_ or June 22. 2002. certain land u~a aa act forth in Subaection 2.2.30.3 of this code are prohibited. If the Coun_tV elects to address a .specific _~eogx~_,_hi¢ portion of the assessment area as a phase of the aa.~ssment_ the restrictions on development of SubsectiOn 2.2.30.3 shall be lifted from such _s~eci6e geo_~rap_hic area upon COmpletion of the .applicable phase of the assee_~nent and the in~. lementin_~ g~ow'~h mana~_ement p[a~ amenclmc-.~t~ for th~ ph~ become effective. Creo?a_ohic ~co.tm o_t' rural and a_er~cultural a~x~nent area. The assignment area generally includes thos~ ar~aa located east of Coun_ty R~ad 951 and South of US 41 and desi_m~ated ~ "Am, icuiture." "Cona~vation_' "Bi_e C.vpr~a Area of Critical State Co~" and '*South Golden Crate Estates" on the County_ 's Futm~ Land Un M~_ 9fita C-mw~ Management Plan as it existed and w~s in effect on June 22. 1999, Prohibited U~. The foUowing uses are hereby prohibited for a maximum three year .r~,~iod while the rural and _a~icultural area 1. New _~olf courses or driving ranges. Emension or new provision of central water and sewet service into 3. New package wastewater treatment plants. Residential development except farmworket honsin_e or housing direc:tl? related to support farmin_e opetations, or smflr housin_e (12 du/a~re_l and other uses directly related to the m~na_eetnent of publicly-owned land. ot one sine_lc f~rnil_v dwellln_e unit _net lot or parcel created prior to June 22. 1999. Commercial or industrial development except _cas and telephone facilities, electric Irans~ission and disu'ibulion facilities. emer~_ency .tmwer structures, fir~ and police ~',ations. emer~_ency_ nmtital.mliam. Transient residential such as hotels, motels, and bed and breakfast Zoo. aquariu~ be,,nieal g~den_ or other simil~ ttses. 8, Public and Ptivaze scbegls. 9. CoUection and transfer sites for resource recovetv 11. Social and fraternal 13. ~:_norts in~n~ion~l ~.~.h~ols ~d ~ 14. ,A~?haltic m~ui cnncrc~ batch m~irln~ Dim' 15. Ree~mional Vehicle gm4r~. AOENI~A ITI~M' ~' .~,_ No, --~ 1999 2.2.30.4 Ezem~/_ 'o~. Residential and other uses in the Rural m~i A_erieultural A.~ee~ment Area for which completed ~lications ~or develoeme~t .a~.mvnL ~,.,zunin_a~_ conditional t~e~. suhdi~un ~_~z~ovsl~_ ~te plan .apgrovals. or 91ars were filed with or approved by Collier Count~ prior tn Sene 22- 1999. ~hall be processed and considered under the Growth Manag_ement Plan_ _specifically pa_~_es LU-! 39 tlu'ou_eh 45 of the Future fm~.l Uses Element thereof as it existed and was in effect on June 22_ 1999 and S~ction 2.2.7.. of the Collier County_ ~ Devel _opmmt Code in effect on June 22. 1999. The cont~n,,ntion of e~i~in? trees ~h=ll ~ ~ifl~_ ;xi~n~ ~ ~11 ~l~e ~o~ ~ ~r w~cb dl ~ ~ ~ve ~ ~ or ~ ~or to June ~. 1~. ~e ~n~ua6on of ~i~ng ~ ~1 ~e ~-~o~ of~ ~. if~ch e~io~ ~ ~t ~ ~ cl~ ~ill~ to ~e ~i~ ~ ~ do not r~u~ a ~ne ~ ~~ve 2.2.30.5 ?,,fan. The following mn? de. picts the Rurnl and A_ericultm~ SUI~ECTION 3J! AMeNDMeNTS TO ZONENG DESTRICTS, PERM]TTED USKS, CoNDmONAL USES, DImeNSIONAL STANDARDS Dll/1SION ADDING DECLARATION OF PARTIAL MORATORIIJM~ EXCEPTIONS TI~REFROM AND MAP FOR NATURAL RESOURCE PROTECTION AREAS. SECTION 2.2.31 Deelaration of partial moratorium for natural resource protection 2.2.31.1 Duration. For a period not to exceed three ¢3) yesrs f~om the date of the Final Order of the Adminigtration Commi~ion in Case No. 99-02 (DOAH Case No. 98-0324 GI~. or J~e 22. 2002- only certain Innd uses as _s~eeified in Subsection 2.2.31.3 of the Code shall be _t~mitted in the natural resource protection areas (NRPAs). 2.2.31.2 Cwea~ phie $co.oe of natural resource protection areas. The nan~ral Resource protection a~-~a include the following ~ generally_ described as: The Camp Keis Strand_ CREW Lands. Okaloar. oochie Slou_eh_ Belle Meade and South Golden Crate Estates. 2.2.31.3 Pertained Us~. The foUowin~ I~ are hereby permitted in the natural . zes~t~e protection areas durin_e th~ maximum three f31 _v~ aases~ment 1. A_erieultmal and direly related uses. One ~in_ele=F~mily (twelline_ unit _net lot or panel etented m-i~' t~ J~e ~. ~9~. 2.2.31.4 Pro&ibit,,d Uses. All other n,,~ previously permitted by the F~mwe [.m~t Use Elms-hr of the Growth ~,4mxa~ement plan as it existed and was in effect on J:me 22_ !.999 n~4 Die'inn 2.2 of the l~i 13ev~ C~d~ an it e~i~l ~d wan in effect ~n June 7_9__ Igg9 ~e benday em~h~.d 2.2.31.5 2.2.31.6 Collier cormw prior to June 22. 1999. The contin~ of c,~ri~fin~ us~ with or cle~ly s~.ill~? to the e~i~Iin~ us~ md do mat ~ · r~ooe or ~m_m~hensiv~ ~i~n ~mendme~ts. The f~llowing mm,? de~_ iets the mmmal r~s~m'ce ?rotee~io~ ar~: [Znsert map 7] SECTION FOUR: CONFLICT AND SEVERABILITY In the ~v~nt ~ Ordimmce conflicts with any other ordinan~ of Coili~ County or oiler appllcabl~ hw, the mot~ n~ictive ~ ~ply. ff~ny phra~ or portion of ~ ~ is held invalid or uacoa.~titulioa~l by any com't of competent juriadiclio~ such porliou ahall be de~c[ a separate, distinct, md iadepemlcnt provision and such holding ~! aot ~ffoct th~ v~lidity of tl~ SECTION FIVE: INCLUSION IN ~ COI~LIT. R COUNTY LAHD DEVELOPMENT CODE ~e pm~om of ~s ~~ ~1 ~me ~ ~ m~c a p~ of ~ ~ Co~ ~d ~elopm~t ~e. ~e ~fiom of &e ~ '~y ~ ~~ or ml~ m ~mp~ s~ ~ ~e wo~ 'o~ce" my ~ ~g~ m '~on', "~cle", ~ ~y o~ ~pmp~ate wo~ SE~ON S~: E~~ DA~. ~ ~ ~ not ~me leggy eff~fve ~ ~e ~g ~ ~ ~ C~ No. ~ ~ C~ No. 98~324 G~ ~me l~y e~ p~t ~ P~S~ ~ D~Y ~~D by &e ~ of Co~ Co~~ of Co~, ~o~ ~ ..... ~y of ..... , A~T: BO~ OF CO~ CO~XO~ D~G~ E. BR~ ~ OF CO~ CO~, ~A By: PAAfl~A S. MAC'XIE, Omirwoman Approved is to form and legal su~enc~. 7 ' 'A~3 ENI~A..~TEM' ~ 1999 RESO~.UTION NO. gg- A RE,~.UTION APPROVING INTERIM AMENDMENTS TO THE FUTURE LANO USE ELEMENT, FUTURE LAND USE MAP. GOLDEN GATE MASTER PI.AN ELEMENT AND RELATED MAPS AS APPROPRIATE OF THE COLLIER COUNTY GROWTH MANAGEMENT PI.AN TO: MAP NATURAL RESOURCE PROTECTION AREA~ AND ESTABLISH PERMITTED LAND USES FOR THESE AREAS; PROVIDE FOR AN ASSESSMENT OF ALL RURAL,'AGRICUt. TURAL AND CONSERVATION AREAS OUTSIDE OF THE URBAN DESIGNATED AREA, SOUTH GOLDEN GATE ESTATES AND THE BIO CYPRE~ AREA OF CRITIC,M. STATE CONCERN AND TO ESTABLISH INTERIM DEVELOPMENT REGUt. ATIONS FOR THESE THE GROW'TH MANAGEMENT PI. AN IS AMENDED ACCORDINGLY. WHEREAS. on A~nl 6. 1996. Co~lim' Counpf ad~:~tecl an Evaluation and A~prmsal Report lEAR) fo~ ~t~ Grow~ Managemenl Plan (GMP) as re~lU~r~ I~y Sect~m 163.3191. Florida Statutes; WHEREAS. on Novam~er 14. t997. Co~i~ County adeOto~ II~e EAR~ amendments to ~ts Grow~ Man~gen~nt Ptan; and WHEREA~. on DecamDer 24. 1991. ~ (~1 of Commonly AJ~im (DCA) ~ls NoUce ~ Stalll~l~nl of Intent to ~ It~ County's F. AR.ba~ an'mndmen~ not ~n as aeflne~ by Section 163.31~4(1Xb). Florida Stalutes; and WHEREAS. on Oecen-.~er 24. 1997. me Oeoanmenl of Commundy Affa~m IDCA) ~ WHEREAS. I~e Admmmtmtt~ Law Judge m~ued · ~ ~ on ~ 19. A~min~-Irall~n Cemmmamn on June Z2. 1999 pumu~t to ~___,~,~:tton 1~3.31~4~10Xb). sia~u(~: and WHEREAS. ~ to Sue~c~m 1~3.3184(1~). ~ Strauss. ~ Admmimra~on AI3END,~.LTEM of Law ~tained ther~n also found the ~mm ~ WHERe. ~e ~mmis~ ~s~ ~ June S~ t4. 1~; a~ ~e lu~ ~nt~ to ~ by S~ 1~.3174, ~a S~. of ~ In~ ~no~n~ to ~a 8~ ~ Counw C~s~em; · ~ (~) days ~ r~ ~ ~ Int~ ~ ~ER~, C~I~ C~n~. u~ r~D; of ~ ~en ~t ~ ~es or not ~[ ~e Pr~s~ ~a~ to ~e N~ ~EREFOR~ BE IT RESOLV~ BY COMMI~IONERS OF C~IER COUP. FLORID~ ~l~ A(3 E-N DA.,~EM .... No, o,,; f 2, [11999 ATTEST: DV~3HT E. BROCK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: PAMELA $. MAC't<]E. C~M'wamm LiCi' 2 0 1999 Exhibit A-1 FUTURE LAND USE ELEMENT Policy 3.2: ^-- -...,-, .-., 0,- ....... +--, ....,.-0--. ~-- The Land Development RegulaUons have be~n codified into a sinqle unified Land. Development Code (Ordinance. 91-102). Tthe development review process cbc.!! be has been evaluated and,,,,~ ,., ~.,i'""r"v'~..~,~"'*~'c '="" .... .~..,...., ,... ,~.A ...~....,;......~, ......, n .... , ..... ~ ~ .... ,..,; ............ ,0... r'.h.,..,... ,,"~ ,~.~n.~ F S ;"'"""~ ...... .4........,. ,~......,.. , .......... *" "~"" to focus on efficiency and .... ~.,,,., ...... ,..,.,,.,. ., ,,,,~ ..... ,~ ~,.~.~' ................ . ,.,, ,,.,., ,., ..... ~.,,,.,,,..,,,,.,,,,.., ...... effectiveness through unific~ation of all review staff in a single organizational unit and through .-o streamlining v ,.,,.~,~u ~o"r'"'""~'r''° ^'°"' .......... , ..~...,, ~ .......~...., ;.., .... ,;......,, ...... ~..,.., .....~ r~ .... , .... , o .... ,.,....... intc C ,..;,,,.t... r~..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 SeGte;. Master Plan for Golden Gate Estates shall-has been developed and was incorporated into this Growth Management Plan~ in February, 1991. The Sester-M. a~;ter Plan shall-addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: -- A detailed Master Plan for the Immokalee h.as been developed and was incorl~rated into thi,s Growth ,M. allaaement Plan ill Feb.ruary, 1991, The Master Plan addressq,s Natural Re.TK)urGes, Future Land Use, Public Facilities. Housine, Urban Desiqn, Land Development Re~_ulations and other considerations. Maior oumoses Qf the Master Plan ~hall be coordination of land use and transportation planning, redeveloomenJ or renewal of bliqhted areas and elimination of land uses inconsistent with the communitY~.S character, 17 AGEND~ ITEM No,-. . bCi 2 [.) 1999 Pg .... Shaded and underlined porlion is added; shaded and struck-through portion is deleted P,,olicy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Manacjement Plan in January, 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Desiqn, Land Development Recjulations and other considerations. Policy 4-;2 4: Corddor Management Plans shell have bee...Dn developed by Collier County in conjunction with the City of Naples..,,..."-'4 :. ,--'-'. ,----, ----- -.*"'~ :..~..,,,... ,~.;...,,.. ~_..., .. .......,,'~' ~,.,..., '-'~-', ' ,-', ,.* ~,.,.., ,..,, ~. ... . .^. .. ~ .. .. . ,* ,nn4,...., . The Plans -'~'-"...,..,, ~dentify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans '..hcll have been completed for the following road corridors: Goodlette-Frank Road south of Pine Rid,qe Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard ^ "'": '-':'"..,.., thc. ,....,,,,,,..,,,.;"~-.'".. '- "... ... , .. .. ... , ,°'" - Future Corddor Manaqement Plans may be prepared, as,. directed by the Board of County Commi4~sioners. The qoals for each Corridor Manaqement Plan will be established pdor to t.he development of the Plan. Corridors that may be considered jointly with the City of Naples include: a, Pine Ridqe Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; C. US 41, from Creech Road to Pine Ridcle Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine, the boundaries of the corridors selected and the time frame for completion. ,r,v,, Policy 4;3 5: An Industrial Land Use Study ~.hcll has been developed and a summary incorporated into the support document of this Growth Management Plan. ~" '"" r, ...... ;~,, r-, .... ~ .... ~ o,.,,,,.',.,..,, r,,~,,~.,~.,,, ~,, o..,.~.,,,.,h,.,,. q-OOi~. The study :g31! include~_ a detailed inventory of industrial uses, projections of demand for industrial land. and recommendations for future land use allocations and Iocational criteria. ^--'' "'"-~-'-"-' ..... '"-,';,-,, Ecc,",cm,.c~ n..... ---..-.~.,,,-.. ,.' .... 0 ,"..,....., ,..,,",~'q ...,"~ ......,,,..,r'"":"' ,"........, ,.~ .~" Upon completion of the Economic Plan, a study will., be Un. dertaken to identi~ the need for additional Industrially desiqna,ted land within the Coastal Urban Area. mn ~m/w,~ Policy 4.4 6 ' Access Management Plans for ea~ of the Mixed Use Activi~ Centem designated on the Fu~re Land Use Map ~ have be~ developed and incorporated into the Collier Coun~ ~nd Development ~e. The intent of the~A~ss Management ~-- .... ~ ~- defined hu ...... .--~ ' .......... ~ .... -~ -~,~ ....... U=:~ ~e following guidelines and pdndples: a. ~e number of ingress and egress poin~ shall be minimized and shall be ~mbined and ~. signalized to the maximum e~ent possible. b. Sparing of ac~ss poin~ shall meet, to the maximum e~ent ~ssible, ~e s~ndards set fo~ in · e ~llier Coun~ A~ss Management Poli~ (Resolution ~2~2, adopted August 18, 1992). c. A~ss ~in~ and turning movemen~ shall be lo.ted and designed to minimize intefferen~ ~ ~e operation of interchanges and intemections. d. Lo~, par~ls, and subdivisions whi~ are created shall be en~uraged to dedi~te ~s s-a~ss ea.~n~, dgh~f-way, and limited a~ss caseinS, as ne~ssa~ and to ensure ~at ~e above-men~oned s~ndards (a. - c.) am ~mplied wi~. 2 0 1999 Shaded and underlined portion is added; shaded and struck-through poll]on Policy 4.7: Redevelopment Plans for existi .ng commercial and resider).tial areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encouraqe redevelopment. For properties that have been reviewed under the Zoninq Reevaluation Pm.qram, chan.qe.s to the density and intensity of use permitted may be conside.r, ed, in order to encouraqe redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridqe Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Ddve between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d, Davis Boulevard between U.S. 41 East and Airport-Pullinq Road; e. U.S. 41 North in Naples Park; f..C.R. 951 between Green Boulevard and Golden Gate Parkway: and. g. Bonita Beach Road between Vanderbilt Drive and the west, end of Little Hickory Shores #1. Policy 4.68: Maintain and update, on an annual basis,_the following demographic and land use information: l~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 Prepere a Rural and Aqricultur. al Area Asses. sment, or any phase thereof, and adopt plan a~ndments necesse.rY to Implement.the ..findinqs and results .of the Assessment, or any phase thereof, pursuant to the Final Order ¢AC-99-002) issued by the Administration Commission on June 22, 1999. The qe .(x:jraphic scope of the assessment area, public participation procedures, intedm development provisions, a.nd the designation of Na~ral Resqurc,,e Protection Areas on the Future Land Use Map.. are described in detail in the Aaricultural/Rural Desiqnation Description Section. Policy 4.1,0 ?.ublic oarticiDati0n and input shall be a pri. m.ary feature and qoal of the planninq and assess.men, t effort. Repre,~,entatives qf slate and reqional aqencies shall be invited to participate and assist in the ~menL The County shall ensure community input throuqh each phase of the Assess~nt which may includ~ workshops, public meetinqs, appointed committees, technical workinq qroups, and established advisqry boards includinq the Envin;)nmental Advisory Committee. and the Collier County Planninq Commission in each Dhase 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 A(3'ENDA~ ITEM 0 CT 2 0 1999 Shaded and underlined portion is added; shaded and struck-through portion is deleted Policy 5.1: All rezonings must be consistent with this Growth Management Plan. r~,............'~ ,.......,...=, r~_.. --..--,-...-....-*-' ..... ~.. ~./m--"--/ property zoned eppFeved prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Manaqement Plan and desiqnated on the Future Land Use Map sedes, as Properties..Consistent. by Policy. Zoning changes will be permitted tc chc.".;cc to these pr0oerties, and to other oroDerties deemed consistent with this Future Land Use Element via Policies 5,9 throuqh 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the Qverai! intensity of development allowed by the new zoninq district, except as allQwed by Policy 5;1 ~ r~, ,n ,~.....,,..,.... ~.......~.. ,.......~ ..... , ......... .~...; ......,.~ .... *" """ F.c~'''~ are not Increased ~"~' ..... * ....~.~....,~.., -....,:.....7..,..., .... ~,~,.~. .... *~*"*" c '"~'"'°~"" :" '~""~'~" "'~" ""'~ · Policy 5.2: Ail proposed development shall be reviewed for consistency ee~with the Comprehensive Plan and those found ,to be inconsistent with the Plan by the Board of County C0mmi.ssi0ners ~ ...... ,=r.~... shall not be permitted. Shaded and underlined portion is added; shaded and struck-through potion is deleted T,hc,~ " ' ~..,....,,..., t.....,i ........ k............ .... .. .~ ..._.~..:~....~.... ,k~..... ~...,...........'"~'".... ~..,~..,. k. ........ . ~.... ~""""":"".......... ~t~.'i.~ .~..'..:'it ~ '"'"' m:.:St k.. ~-':~...~..~t~b!~ '.'.'!~ "~ .... * ~......., ........ · .~ ........ ~..~......*.-..._....* .... ~....,...,.... I..,......,. Besides basic Industrial uses, limited commercial uses.are permitted. Retail commercial uses are prohibited, except as aece.~qo~ to Industrial or Business Park uses. The C.-5~.C4 and PUD Comrr~rcial Zoning Distriet~ along the perimeter of the designated Urban - Industrial District that existe, d as of October 1997 shall be deer~d c~nsistent with this Land Use Distdct. Industrially designated areas shall have a~s to a.road ciassifi~d as an art, rial or eofleetor in the Traffic Circulation Elerr~ot, or ae~s$ may be Dro¥ided via a k~:ml ro~d that do~ not service, a predominatel¥ residential area. Intensities.of. use shall be tho..~, related to; qo a. Manufacturinq; b. Processinq; c. Stet. age and warehousinq[ d. Wholesalinq; e. Distribution; f. Hiqh technolc~_ V: Laboratories; Assembly; Computer and data processina: Business services; Other basic industrial uses as described in the Industrial Zoning Distdct of the Land Development Code; Busines.%, Park t~ses as discussed below and as described in the Business Park Zoning Distrik't of the Land Develooment Code: and m. SuoDort commercial uses, such as child care cente .rs and restaurants! ' 1~ Business Park Subdistrict ,,The Business Park Subdistrict is intended to provide for a mix of industrial uses and ,non-industrial uses, .desiqned in an attractive park-like enyimnment, with Iow structural density, where buildincycovemqe rano_es between 25% to 45%-and landscaoed areas omyide for bufferinq and ,enioyment by the' emplovee~ and patrons of the Park. Business Parks shall be allowed as a subdistrict in'the Urben ~, ~. Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Url~n-Mix{~;I Use District. ~q)ll. AGRICULTURAL/RURAL DESIGNATION .. RUra t ~ Amli:u Em-aI.zim;~Assessme nt The Geoaraohic Scooe of the Assessment Area shall be as follows: Incl~Jde~: All land designated Aqricultural/Rural Biq Cypr~ Area of Cdtical State Concern ~rvalf0n lands outside the Urban Boundary South Golden Gate Estates Excludes: AIIUrbandesionated areas · Norlhem Golden Gate Estates The Settlement District TheA~-_~$.ment oranv ohase thereof, shall be a collaborative, c0rnmunitv-based effort with. full:and broad- ~ publi(~particioati0n and assistance from applicable State and Regional aaendes. At a:minimum, the A,~e.~ment-=must~ldi~ntifv the means to accomplish the followin_a: 1. Identify and;'0rooose measures to protect prime agricultural areas. Suqh measures ~hould orevent.the premature conversion of aqric~ltural lands to. qther uses. 2. Dir_m~_. Incompatible uses away from wetlands and upland habitat in order to.protec~ .. water quality and qu,3. nUty and maintairl the natural water reqime as well as to protect listed animal and plaint specie~..and their habitatS. 3. A~.~,-.~s the.~rowt~ootenUal, of the Area. bv assessinq the ootential conversion.of rural land~ to qltwr, uses~in aoorooriate locations, while discoura.aina.urban sorawt; dir~-'tinq irlcomoalible land uses away from critical habitat and enc0uraqinq development that ~rtilizes creative land use planning technique~ inctudin0. b~t not limited to. oublic and private schools, urban villages, new towns,, satellite communities, orea-ba~ed allocations, cjusterinq and open space provisions and mixed use development. The Assessment, or any phase thereof, shall re(x;~nize the substantial advontaaes of Innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain .the economic viability of aqricultural and Other predgminanfl¥ rural land .use~, and provide for the cost efficient delivery of public faciliUes and services. Interim Development Provisions for the Agricultural/Rural Assessment Area Amendments based on the Assessment shall be comoleted bv June 22. 2002. Residential and other uses in the Area for which completed applications for develooment aooroval, rezonina, conditional use~.subdivtsion armroval, site:olawarmeoval; or olats were filedwith or aDmoved by Colller. C°unlv:odor.~k)Jlme~2~-: lg99.-shall be o~an~conslderedunder the Comorehensive Plan as it extsted'onJune 22: 199~ll~'dle.~P/ elects to addres~$oecific _c~c~_ raohic oortion of the Area as a phase of the' ~menL Itm inlerfrr~land use controls shallbe'lifted from the specific aeoqraohlc area uoon completion of the aoolicable Dhase. ol~i~ Assessment-and the:imcdernentinq Comprehensive Plan amendments for that [~hase becxxniho_ eft.. Until in I~e-A0ricultuml/Rural Mixed Use District and 22.1999 f~.lh~',e~_ficultural/Rural District. exceot the followir~ uses are omhtbitedand shal[~ 1. New._aol~'ce~me~o~drivina_ ranaes. 2. ~or, new~m'ovision of central water and sewer service into,the Area. 3;:~ Nihe: '"' .. .... treatment olants.. Shaded and underlined portion is added; shaded and struck-through porlion AGENDA ITEM No· ~. 1999 5. Commercial or industrial development except gas and telephone facilities, electdc transmission and distribution facilities, emergency power structures, fire. and police station, s, emer.qency, medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8,. Public and pdvate schools. 9. CoIlectioq and transfer sites for resource recovery. 10,. Landfills 11, Social and fraternal or_qanizations. 12,... Group ~care facilities. 13,. SPOrts instructional schools and camps. 14, A~phalt and concrete batch makinq plants.. 15, Recreational Vehicle Parks These interim development standards shall not affect or limit the continuation of existinq uses. Existing uses ~hall also include those uses for which all required permits have been issued, or uses for which completed apolications have been received by the CountY pdor to June 22, 1999. The continuation of existing. USeS shall Include expansions of those uses if such expansions are consistent with or cleadY ancillary to the existirK]- use and do not require a rezoninq or comprehensive plan. amendment; Natural Resource Protection Areas (NRPAs) The followi .ng..areas shall .be generally mapped and identified as Natural Resource Protection Area~ (NRPAs): Caml~ Keels Strand, CREW Lands, Okal0acoochee Slough, Belle Meade and South Golden Gate Estate.'~. NeUral. Resource Protection Areas (NR.p.AS) are desiRnated on the Future Land Use Map: 1, Within these areas, only aqriculture and directly-related uses and .one sinqle family dwelling unit per parcel or lot created pdor to June 22, 1999, shall be allowed; 2, These intedm...development standards shall not affect or limit the continuation of existin_q UseS, Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County orior to June 22, 1999.. The continuation of existinq...uses shall include expansions of those uses if such expansions a.re consistent with Qr clearly ancillary to the existing use and do not require a rezoninq.or comprehensive plan amendment; 3~ .The general IocatJor! shall be identified on a map as the intedm NRPAs and shall be refined es actual data and analysis is made available dudnq th.e Collier County Ru.ral and Aqd.c;ultural Area Assessment. 4. The Camp Keels Stand and Okaloacoochee Slough NRPAs include agricultural reservoirs (sto mw tar t!',eetment Systerr~) that function as siqnificant wildlife habitat and are an inteqral part.of curr~nl~ aqrk;Adtyral Yses, The identification of these systems.within the listed NRPA~ s. hell nqt I~rectude the future use of these systems for acldcultural ourooses or..imoly more stringent water quality_ standards, n~twithstandinq any permittinq requirements contained in, the SOUth Flodda Water Mana_aement District's ERP oermittina. Droqram. 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 No.- Po-- Shaded and underlined portion is added: shaded and struck-through portion is deleted Iow intensity in an effort to maintain and promote the rural character of these lands. ,~. !im!tcd =clcc':mn cf !cnd _' '....... ..................... ~ ............... ,, ~ ................. ~ The followinq uses are permitted in this District, subject to the Interim Developrnent Provisions: a. Agricultural uses such as farminq, ranching, forestry, bee-keepinq; b. Residential uses et a. maximum density of one dwelling unit per five gross acres, except for leqal non- confo.rming 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 followinq criteria: · Site area and school size shall be subiect to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site mu.st 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 regulations. h. Communication and utility facilities, except fo..r central water and sewer facilities as noted above; i. Migrant labor housing as p.rovided in the Land Developme.nt Code; j. Earth rain. inq, oil extraction and related processinq; k. Asphalt I;)lant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant:.is compatible with surrounding land uses; is not located in a County, State or Federa!..judsdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use. Mae; and. is not located within 1,000 feet of a natural reservation; I.. Commercial uses accessory to other permitted uses, such as restaurant..accessory to golf course or retail sales of produce accessory to farming,., so Ionq as restrictions or limitations are imposed to insure the .commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limitinq the size and/or location of the commercial use and/or limiting access to the commerdel US~;. m. Commer. cial uses, within the Rural Commercial Subdistdct, based upon criteria; n. Industrial uses within the Rural - Industrial District; 0.. Travel trailer recreational vehicle parks, provided the followinq criteria are met: 47 A(3ENbAiTEM-- FI{), ,.3, . OCT 2 0 1999 Shaded and underlined portion is added; shaded and struck-through portion is deleted 1. The density is consistent with the Land Development Code: 2, The site has direct principal access to a road classified,,as an arterial in the Traffic.Circulation Element, direct principal access defined as a driveway and/or roadway con.nection, to the arterial road, with no access ,ooints,,from inte ,rvenin,q properties: and. 3. The use will be compatible with surrounding land uses, A, Agricultural/Rural - Mixed Use Distri.ct ...-- ,--. r-.-.-- .................. r ......... C.'.~M:=.~C..u.............l ....... l......, l..l.. ~- ........ U .............. ] rC"..k~c,',~=~ ',.:'=C {,', .,,,...z ....... ,',....-'.4.-..,~..J ,....4 '.,./~ ----"]', 'u .................... '.:':..'~. ,,'T'~y k.- ..', ..... .~ .., ....i ....dC.':.T.: ~, ".:'."~ ;:~." 5 ~...'":= =C.':=. Existing units approved for the Fiddler's Creek DP,I may be reallocated to those parts of Sections 18 and 19, Township 51 South, P,ange 27 East added to Fiddler's Creek DRI together with part of SeCtion 2g, Township 51 South, P,ange 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 DP, i; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DP,I in said Sections do not exceed 10 acres. ' a, Thc "'":""* ;~' '~ = :i:c; ~' Thc "'"""'"~' "" ..,....~... ,k..... ,..,, 5 "':'"- '"'"" '" ...... * '~ .... ,....~.,..4 ...... . :.., ........ The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide ,for Iow density residential development, and other uses identified under the AqriC, ultural/F[ural Designation. These areas generally lack pub!!c facilities and services. Urbanization is not oromot, ed, therefore most allowable land uses are of IOW intensity in an effort to rnain~in and oromote the rural character of these lands· Residential uses are allowed as follows sublect;l~ the:intel~l devekmmm'.t~m~:wisions: a. Low density residential dwelling units, at a maximum density of one dwelling unit per five qrq~s acres, excegl~ for leoal non-conformin(3 lots of record,, b. Dormitories. duolexes and other staff housinq_, as may be provided in coniuncflon with conservation uses. 8t 8 densiN in accordance with the Land Development Code; c. Grouo housing uses at a densiN in accordance with that permitted in the Land Develoornent C..qde; d, ~ff housin_o in coniunction with safet~ service fa(;:ilities and essentia.! s,~rvices, at a density in. accordance with the Land Develooment Code: e, Fe,.rm, lal~r housin~ in accordance with the,Farm Labor Housing provision in the Land Development Code: f. Recreation, c~mos as defined in. and at the density allowed by, the Land D~velooment Code. AeEN.,D^ TEU No,- 0el' 2 0 1999 Shaded and underlined portion is added; shaded and struc~~ portioa is deleted 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed .Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the followinq standards for intensity of use are met and subiect to the interim develooment provisions:. a. The prelect, or that portion of a larcjer prelect which is devoted to commercia! development, is 2.5 acres or less in size; b. The proiect, or that portion of a larqer pro. iect which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from. the nearest developed commercial area. zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoninq Districts of the Land Development Code; d. The proiect is located on an artedal or collector roadway as identified in the Traffic Circulation *Element; and e. The proiect is buffered from adiacent properties. Rural - Industrial District · ,,,~",, ,,,,. '"'" ~'~..~'C ;C -"C,~C .................................... ..., ,, -,- ~- ........... ~., ...j ........................ . - P"q" ''";""C~C'4 i.,,,.4,. ,.., ,,,,,, .......... ,. ~,...,. ...... ,;~,l .... ;,~, .,.4; ...., i.,,,,a,. ,, ..... ,.,,.- . ,~ ......... . . ;,,~,.,..~,,. ,,.~ .... :..,,.,,,,,4; .... The Rural - Industrial District, which encompasses approximately 600 acres of existinq industrial areas ou~ide of Urban desiqnated areas, is intended, and shall be reserved, for industrial type uses, sublect tQ the Interim development Drovisions. Besides basic Industrial uses, limited commercial uses are permitted.- Retail commercial uses are prohibited, except as accessory to Indus.trial uses. The C-5 Commercial Zoning District on the I~rimeter of lands desiqnated Rural - .Indusffial District, as of October 1997, shall be do~med o;~nsistent with this ,Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be orovided via a local road that does not se~ice a predominately residential area. No new industrial land. uses. shall be permitted, in the Area of Critical State ~ Concem. For the puq:~ses of interpretinq this District, oil and qa.~ exploration, ddlling, and pr0d..ucfiqn shall not. be deemed to bo industrial land uses and shall continue to be .requlated by all applicable f~:leral, state, and local laws. Intensifies of use shall be those related to: ~ 49 0 CT 2 0 1999 pg._ Shaded and underlined portion is added; shaded and slndck-through portion is deleted Manufacturinc~; Processinq; Storage and warehousinq; Wholesalin0: Distribution; Other basic industrial uses as described in the Industrial Zonina District in the Land Development Code; Support commercial uses,, such as child care centers and restaurants. C. Rural - Settlement Area District This District consists qf Sections 13, 14.23., 24, and a Portion of 22, Township 48 South, Range 27 East {th~- former North Golden G{Ite 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 soecified in that certain "PUD bv Settlement" zoning qranted bY the C0untv as referenced in that certain SE'I-rLEMENT AND 7.,ONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is commonly known ag Omnqetree PUD. Refer tO the Golden Gate Area M,p~ter Plan for permitted use~ and standards. 50 0 C T 2 0 1999 Pg:i, ~/~, Shaded and underlined Portion is added; shaded and struck-thmt~h portion is deleted III. ESTATES DESIGNATION. The Estates Land Use Designation crc encompasses 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 ive services and facilities. Expansion of the area ';;~ll shall be discouraged. (V!~,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. CONSERVATION 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 perturbation. 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, ~r~marilv. by the public, althou. §h private in-holdinqs and privately owned conservation areas do exist. This Desk;nation includes such areas as Ev. er.qlades National Park.. Biq Cypress Natj.0nal Preserve, Flodda Panther National.Wildlife Refuqe, Fakahatchee Strand State Preserve, Collie. r-Seminole State Park, Rooker~ Bay National Estuarine Research Reserve, Delnor-.VViqqins Pass State Recreation Area, and the National Audubon Society'S Corkscrew Swamp Sanctuary (privately owned) o,.,...~.,..~.. ,... ,.;" *"-' '-"'"" ..... , r.,.,,:..., r- .... ,.,.---' ,-~'/".~;"" r~.~; ......... u.. cpc~cpccc ""'~ r',;..,..;..o ....... ;"~:~"'"' ~hcngc ....... '*;'~" ig ............ , ~ ........ ; ,..... ,.,....,.,.., ..... crc =cqu~r=d. The boundades of the Conservation Des nation may periodically change as properties are acquired. .Standards for development in the Conservation Designation are found in the .Conservation and Coastal Manaqernqnt Elemqnt and the County's Land Development Requlations. The Conservation Desiqnation will accommodate limited residential development and future non-residential uses. The followinq uses are permitted in this De~iqnation, subiect to the intedm development provision~ identifi,ed in the Aqricultural/Rl,trs31 De~;iqnation Description Section: aa bo Sinqle family dwelling units, and ,mo, bile homes where the Mobile Home Zonincj Overlay exists, at ,a maximum density of one dwellinq unit per five gross acres, or one dwellinq unit per 3 .q. ross acres.for pdvate in-h01dinq$ within the Biq .Cypress National Preserv,e - eac.,h dwellinq unit must be Dhvsically_ situated on a minimum five acre oarcel, or minimum 3 acre parcel for private,in-holdings within the Bio Cypress National Preserve. Dormitories, duplexes and other staff housinq, as may be provided in coniunction with conservation uses, at a density in accordance with that permitted in the Land Development Code; - AGEnDa, ITEM - No.-- ~ 51 Shaded and underlined portion is added; shaded and struck-through porfio~ Co eo no oo Group housing uses at a density in accordance with that permitted in the Land Development Code: Staff housinq in coniunction with safety service facilities and essential services, at a .density in accordance with the Land Development Code; Farm labor housinq in accordance with the Farm Labor Housing provision in the Lan. ,d Development Code; Recreation camps as defined in, and at the density allowed by, the Land Development C..4;)de. Essential services as defined in the Land ..Development Code; Parks, open space and recreational uses; Community facilities such as churches, group housing uses, cemeteries; and scho0!$ which shall be subject to the f011owin0 criteria: Site area and school size shall be subiect 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 subiect to all applicable State or Federal regulations. Commercial uses accessory to other permitted uses, such.as restaurant accessory to operation of a Park or Preserve; Safety service facilities; Utility and communication facilities; Earth mininq; Agriculture; and, Oil extraction and related processing. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Cdtical State Concern CACSC) was established by the 1974 Flodda Legislature. The Cdtical Area is displayed on the Future Land Use Map as an oveday area. The Cdtical Area encomoasses lands designated Conservation, Aqdcultural/Rural, Estates and Urban (Port 0f the Islands, Plantation I~;land and Cooeland). Chokoloskee is excluded .from the .Big Cypress; Area of Cdtical State Concern. All Development Orders within the Cdtical Area shall comply with Chapter ~ 28-25, FI0dda Administrative Code, "Boundary and Regulations for the Big Cypress Area of Cdfical State Concern" "" '*'c ~'"'-'""'"" ..... ,..0= ..... ,.=..k ..... '~"' Those regulations include the followinq: 52 AGE'NDA~ITEM ' No. ~ _ 0 C T 2 0 1999 pg._~ ~' Shaded and underlined portion is added; shaded and struct(-through portion' is deleted .'i .i :II -! !". .~.i:i iiiil!i ? i i J il." ~' -, t Inj~ill i ! I I j.Jl 0 C 'f: 2 0 1999 Exhibit A-2 Golden Gate Area Master Plan · b~-. Site shall be no closer than ~ 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; · d=. ~ Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · e=. 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 · Site shall not be adjacent to parks or ooen soace and recreational uses; · Site shall not be adiacent to Essential Services, except for libraries and museums. · Project shall provide adequate buffedng from adiacent properties allowinq residential crcc= us, es,. VI}Grcup ........ u.., ,,. ;.....= w hP'..h m cy,,;""l', .........."~" ,r....,,~ ,......,,...... ,=.~""' ,=""-'"', .-. ,.,,~ ,-,...........,., ,="-'";"'...,,...~, ~..., -- -. ~, ..... ,-.........., .. =.,..a;~. ,~ .... Cc,"c i i....~.,,. A,,.4,,II t'N-.~n.'.,.'~.q..q'l'.--. I ;*.,,;...q..q C,,.q....III,I.I.,N,...qn,-I k.l..rt~;,q.q E.N..~... ,,.Iq..,ll I.N.,~ .q.-.....q.q~14..q..4 ,t..,i,&l. ql.,q l'l.q.N I It.,4N.q..,t Ik.4lv,,.,,~..4 I I~,...~ . 5) Southern Golden Gate Estates Natural Resource Protection Overlay Southem Golden Gate Estates is identified as a,n Na, tural Resource Protection Area (NRPA) Qverlav on the Golden Gate Area Future Land Use Map. Natural Resource Protection Areas (NRP. AS),are desi§nated on the Golden Gate, Area Land Use Map: 1, , Within these areas, 0nly aqdculture and directly-related uses and one sinqle family dwellin.q unit oer , parcel or lot created prior to June 22, 1999, shall be allowed: 2. These interim,development standards shall not, be interpreted to affect or limit, the continuation of existinq uses. Existinq uses shall include those uses for which all required permits have been issued. or uses for which completed applications h. ave been received by the Cou, nty prior to June 22. 1999. The continuation, o,f existinq uses shall include expansions of those uses if such expansio, ns are consistent with or clearly ancillary to the existinq use and do not require a rezoninq or coml;)re, hensive plan amendment; 3, These {~reas shall be refined as actual data and analysis is made available dudnq the Collier County Rural and Aqdcu,!tural Area Assessment. 3. AGRICULTURAL/RURAL DESIGNAT!O, N,,~ 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 reference~d 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. Shaded and underlined portion is added; shaded and struck-through portio 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 currenUy 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 District is limited to the area described above and shall not be available as a land use district for any other i ~u~-=J~l~'N~jt~. ' 35 No..__.._..,,~,_ ........ 0 2 0 is deleted' (I¥OM 1'13.~'IlO , j QYOM :~IIYMOHIql S'J'IdYN , ] 11VO N'~QIO0 IX'] '(IA'm SIAVQ AVMVlIVd ltvO I dYlq : -aM (3YOM FJ1Y'~OI~I~II S3'IdYN ·: ~vO )A IT M (:IN,':[ O~I"[ dYJ'( 3S~ QN¥'I 31ffll.l~: !1 V3tfV 3.LYO N3a'lo0