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Resolution 2011-032 RESOLUTION NO. 11- 32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, AND FUTURE LAND USE MAP AND MAP SERIES AND THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO ADD ACREAGE TO THE URBAN MIXED USE ACTIVITY CENTER #7; TO ALLOW ACCESS TO A BUSINESS PARK SUBDISTRICT THROUGH LORD'S WAY; TO INCREASE DENSITY IN THE URBAN RESIDENTIAL FRINGE SUBDISTRICT AND TO ALLOW FOR THE TRANSFER OF NATIVE VEGETATIVE RETENTION FROM THE URBAN AREA TO THE SENDING AREA AND INCREASE THE 60% CAP ON NATIVE VEGETATION IN THE TOTAL PROJECT AREA DESIGNATED AS SENDING AREAS AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the following elements of its Growth Management Plan: Future Land Use Element, including the Future Land Use Map and Map Series, and Conservation and Coastal Management Element; and WHEREAS, the Collier County Planning Commission (CCPC) on January 20, 2011 considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to Collier County, its comments along with any objections and/or recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and CP-2006-11 GMP Transmittal Resolution per 10-CMP-00788 1 of 2 WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendment, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan amendment, must review and determine if the Plan amendment is in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985, the State Comprehensive Plan, the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendment, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendment, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion, second and majority vote this 8th day of February. 2011. ATTEST: DWIGHT ~., @ROCK, CLERK . : i-' ~.~ ~ ~~_\.. f '. _.10 -:1, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~wc+ FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~i~t~~it 00 Assistant County Attorney Section Chief, Land UselTransportation CP-2006-11 GMP Transmittal Resolution per 10-CMP-00788 2of2 CP-2006-11 Exhibit A PART ONE of SIX: Future Land Use Element I. URBAN DESIGNATION A. Urban Mixed Use District [Insert new language - FLUE Page 29] 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., Gf and either "a" or "b" below: a. Up to 2,..6 1.0 units per gross acre via the transfer of up to one (1Jll dwelling unit (transferable development riaht) per acre from lands located within one mile of the Urban Boundarv and designated as Rural Fringe Mixed Use District Sending Lands. except in the case of properties that straddle the Urban Residential Frinae and the Rural Frinae Mixed Use Sendina Lands desianations. and meet the other Density Blendina criteria provided for in subsection 5.2 of the Density Ratina SYstem. which may achieve an additional maximum density of UP to 1.3 units per aross acre via the transfer of UP to 1.3 dwellina units (transferable development riahts) per acre from lands located within one mile of the Urban Boundarv and desianated as Rural Frinae Mixed Use District Sendina Lands: or, fA b. !n the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable-workforce housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.06.00 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are not subject to the density r3ting system, except os specifically provided in c. belo':J, but are subject to the following conditions: Within the Urban Residential Frinae. rezone reauests are not subiect to the density ratina system. except as specifically provided below for the Affordable-workforce Housina Density Bonus. All rezones are encouraaed to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fullv responsible for all necessary water manaaement improvements. includina the routina of all on-site and appropriate off-site water throuah the proiect's water manaaement system. and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the Subdistrict. a. ,6.11 rezones are encouroged to be in the form of a planned unit de'Jelopment; - 1 - Words underlined are added, words struck through are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. CP-2006-11 b. Proposed development in the area sholl be fully responsible for all necessary water management improvements, including the routing of all on site and appropriate off site water through the projeGt's 'Nater management system, and a fair share cost of necessary improvements to the CR 951 canal/oblt fall system made necessary by new development in the area; and, Er. Properties eligible for the Affordable-workforce Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.06.00 of the Land Development Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable-workforce Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. 1. Property located on the East side of Collier Boulevard (C.R. 951), approximately... PART TWO of SIX: I. URBAN DESIGNATION B. DENSITY RATING SYSTEM [Insert new language - FLUE Pages 51 - 53] 5. Density Blending: This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted, when the following conditions are met: * ** *** **** *** ***** *** **** *** ** * 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub-District and Rural Fringe Mixed Use District Sending lands: (a) The project must straddle the Urban Residential Fringe Sub-District and the Rural Fringe Mixed Use District Sending Lands; (b) The project in aggregate must be a minimum of 400 acres; (c) At least 25% of the project must be located within the Urban Residential Fringe Sub- District. The project must extend central water and &ewef wastewater treatment facilities (from the urban designated portion of the project) to serve the entire project, - 2- Words underlined are added, words struck through are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. CP-2006-11 unless alternative interim sewer and water and wastewater treatment provisions are authorized by Collier County; (d) The Project is currently zoned or will be zoned PUD; (e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to be located on impacted or disturbed lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas; (f) Native veaetation shall be preserved as follows: ill The Urban portion of the project shall comply with the native vegetation requirements identified in the Conservation and Coastal Management Element (for Urban designated lands), or in the case of proiects where the native veaetation reQuirement for the Sendina Lands portion of the proiect is the maximum reauired 60 percent of the total Sendina Land area. in order to promote areater preservation of the hiahest auality wetlands and listed species habitat. the reauired native veaetation for the Urban portion of the project may be shifted by providina native veaetation preservation in the Sendina Lands portion of the project exceedina the 60% maximum preservation reQuirement as set forth in subsection (2) below. The ratio for such native veaetation preservation shall be two acres of Sendina Lands (exceedina the 60% maximum preservation reauirement) for each acre below the reauired amount of native veaetation for the Urban portion of the project. In no instance shall less than 10 percent of the reauired amount of native veaetation be retained in the Urban portion of the project. Sianificant Archeoloaical Sites identified by the State of Florida Division of Historic Resources shall be preserved and cannot be mitiaated for. For those lands within the projeElt designated as Sending, the nati'/e vegetation preservation requirement shall be 90% of the nati'Jo vegetation, not to exceod 60% of the tot:lI projeGt area designated as Sending. '.^.'etland areas that are impacted through the development proEless, but which result in enhanced '....etland function, including habitat and/or f1o'/J!JJays, shall be considered 3S part of the nati'.'e '.'egetation requirement set forth in this provision and shall not be considered as impacted areas. These wetland ar.eas and/or flolJNlays may be used for '.vater storage provided that the 'Nater discharged in these areas is pre treated. m For those lands within the proiect desianated as Sendina. the native veaetation preservation reauirement shall be 90% of the native veaetation. not to exceed 60% of the total proiect area desianated as Sendina. unless the provisions found in subsection (1) above are met. Q1 Wetland areas that are impacted throuah the development process. but which result in enhanced wetland function. includina habitat and/or fJowways. shall be considered as part of the native veaetation reQuirement set forth in this provision and shall not be considered as impacted areas. These wetland areas and/or fJowways may be used for water storaae provided that the water discharaed in these areas is pre-treated. - 3- Words underlined are added, words struck through are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. CP-2006-11 (g) Permitted uses for density blending under this provIsion include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. PART THREE of SIX: B. DENSITY RATING SYSTEM: 2. Density Bonuses [Insert new language - FLUE Page 50] Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. f. Transfer of Development Rights Bonus To encourage preservation/conservation of natural resources, density transfers are permitted as follows: (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre. except for properties that straddle the Urban Residential Frinae and the Rural Frinae Mixed Use Sendina Lands desianations. and meet the other Density Blendina criteria provided for in subsection 5.2 of the Density Ratina SYstem. which may transfer TDRs from Sendina Lands located within one mile of the Urban Boundarv into lands desianated Urban Residential Frinae. at a maximum density increase of 1.3 units per aross acre. PART FOUR of SIX: URBAN DESIGNATION C. Urban Commercial Subdistrict [amend language - FLUE Pages 56-57] 1. Mixed Use Activity Center Subdistrict 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed - 4- Words underlined are added, words struck through are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. CP-2006-11 at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres and the southeast auadrant may have a total of 49.2 acres, for a total of 4+Q 188.2 acres maximum in the entire Activity Center; FUTURE LAND USE MAP SERIES [amend in order] Activity Center No. 7 - Rattlesnake Hammock Road and Collier Boulevard Mixed Use Activity Center · amend inset map depicting new MUAC boundary, instead of revision to the Future Land Use Element Countywide FLUM. PART FIVE of SIX: URBAN DESIGNATION A. Urban Mixed Use District [Insert new language - FLUE Pages 31-32] 4. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: * ** *** **** *** ***** *** **** *** ** * h. When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element. except that a Business Park in Section 14. Township 50 South. Ranae 26 East may have access to an arterial road via The Lords Wav. - 5- Words underlined are added, words strIJck throIJgh are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. CP-2006-11 PART SIX of SIX: Conservation and Coastal Manaaement Element GOAL 6: [Insert new language - CCME Pages 18-21] OBJECTIVE 6.1: Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. Coastal High Hazard Non-Coastal High Hazard Area Area Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 1 0% Use Development Equal to or greater Equal to or greater than 5 acres than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 ac. 25% . Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Equal to or greater Equal to or Development than 5 acres. 15% greater than 5 acres. 15% Industrial 50%, not to exceed 25% 50%, not to exceed 25% of the Development (Rural- of the project site. project site. Industrial District only) The following standards and criteria shall apply to the vegetation retention requirements referenced above. * ** *** **** *** ***** *** **** *** ** * .L.Ml In order to promote areater preservation of the hiahest auality wetlands and listed species habitat the reauired native veaetation for the Urban portion of the proiect may be shifted bv providina native veaetation preservation in the Sendina Lands portion of the proiect exceedina the 60% maximum preservation reauirement found in Densitv Blendina provisions of the FLUE for proiects that: - 6- Words underlined are added, words stnmk thro\;lgh are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. CP-2006-11 (a) Are under unified control. (b) Straddle the Urban Residential Frinae and the Rural Frinae Mixed Use Sendina Lands desianations. and. (c) Meet the maximum reauired 60 percent preservation reauirement for the Sendina Lands portion of the proiect. The preservation ratio shall be two acres of Sendina Lands (exceedina the 60% maximum preservation reauirement) for each acre below the reauired amount of native veaetation for the Urban portion of the proiect. In no instance shall less than 10 percent of the reauired amount of native veaetation be retained in the Urban portion of the proiect. Sianificant Archeoloaical Sites identified by the State of Florida Division of Historic Resources shall be preserved and cannot be mitiaated for. G:ICDES Planning ServiceslComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendments\2006 Cycle PetitionsICP-2006-11 FLUE-CCME Hacienda Lakes of NaplesIExhibitA'sICP-06-11 BCC Transmittal Exhibit Adocx - 7- Words underlined are added, words struck throl:lgh are deleted. Row of asterisks (** *** **** *** **) denotes breaks in text. ::1 ~ ')l 0.. U Z o ;:: ;:: W 0.. .. " u . .: ~ i III .. J ... 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