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Ordinance 2013-14JAN 2 4'2'3 ORDINANCE NO. 13- 14 AN ORDINANCE AMENDING ORDINANCE NUMBER 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2011 -12 plan amendment process; and WHEREAS, Collier County did submit the 2011 -12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations and Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the amendments to the Growth Management Plan on January 8, 2013; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words underlined are added; words struck through are additions; words with 1 * * * indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 9 day of January, 2013. ATTEST: BOAP DWIGHT E. BROCK, CLERK,, COLL By: Q- BY: uty Clerk A`Ust a, to Ck trim lei F COUNTY COMMISSIONERS CQL�NT/Y, FLORIDA A A. HILLER, ESQ. Chairwoman Words underlined are added; words struck through are additions; words with 2 * * * indicates a page break Approved as to form and legal sufficiency: Y- i H idi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit "A" 2011 EAR -BASED ADOPTION - FUTURE LAND USE ELEMENT Rev. 12/13/12 CP \12 -CMP- 00848 \96 This ordinonce filed with the �oory of St te's ffice tt�}e Y of hoi and ocknowledgern Words underlined are added; words struck through are additions; words with 3 * * * indicates a page break Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 SUMMARY [Revised per DEO Comment, page 3, paragraph 3] The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Seetien- -33-5 Fierida Administrative Cede Section 163.3177(6)(a), Florida Statutes; requirements F f! e Future Land Use Element. I. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OVERVIEW [Revised per DEO Comment, page 4] B. BASIS [reflects merger of Ordinance No. 2002 -32 and 2002 -54] This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strategy for the protection of natural resources and agri- business in the Rural Fringe Mixed Use District [and] Rural Lands Stewardship Area by employing various regulations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of agri- business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Leeal Community Planning Act" "Minimum ` omp- eheasive Plans and DeteF inert o of ` o li " provides detailed requirements on the vvala1Ja VIiVIIJI.V Plans and scope and content of the Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION - MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. [No change to text — provided for context, page 11 ] Words underlined are added; words stwsk tbraagh are deleted. BCC ADOPTION Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 OBJECTIVE 1: [No change to text — provided for context, page 11 ] Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub - districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.4: [Revised text, page 12] The CONSERVATION Future Land Use Designation sha14 May include a Future Land Use District. Policy 1.5: [re- lettered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 [Revised text, page 12] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore /Gateway Triangle Redevelopment Overlay G. Urban-Rural Fringe Transition Zone Overlay H. Coastal High Hazard Area Boundary 3: I. Incorporated Areas * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2: [Revised text, page 12] The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: [Revised text, page 12] The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 444 1_5 of the Capital Improvements Element. Words underlined are added; words stFuGk tkFeugh are deleted. BCC ADOPTION 2 EAR -based GMP Amendments Exhibit "A" As approved by CCPC on 10 -30 -12 Future Land Use Element — to BCC for Adoption * ** * ** text break * ** * ** 12 -11 -12 * ** * ** * ** Policy 2.4 [Revised text, page 13] [Revised further per DEO Comment] Pursuant to Rule 9i 5.0055(6)(a) 3Florida Administrative ti Code d the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. ` - - • • mfrrmern. Mr. • - RIM V no Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency. review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 2.5 [Revised text, pages 13 -14] The County shall has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the I -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). Words underlined are added; words s#ask t#reUgh are deleted. BCC ADOPTION 3 • • - Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency. review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 2.5 [Revised text, pages 13 -14] The County shall has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the I -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). Words underlined are added; words s#ask t#reUgh are deleted. BCC ADOPTION 3 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road extended) on the west side (See Map TR -6). * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3: [No change to text — provided for context, page 14] Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes (F.S.), in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 3.1: [Revised text, page 15] [Revised further per DEO Comment] Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process. These include the following provisions: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** i. The mitigation of incompatible land uses within the area designated as the Airport Noise Area Overlay on the Future Land Use Map shall be accomplished through: implementation of regulations that require sound - proofing for all new residential structures built within the 65 LDN Contour; recording of the legal description of the noise contour boundary in the property records of the County; and, the inter -local agreement with the Naples Airport Authority that requires the County to notify the Authority of all development proposals located within 20,000 feet of the airport that exceed height standards established by the Federal Aviation Administration. Additionally, to address compatibility with the Naples Municipal Airport, Marco Island Executive_ Airport, Everglades Aimark and Immokalee Regional Airport, the County will implement the following_ provisions in the Collier County Land Development Code, Ordinance No. 04 -41 as amended: Section 2.03.07C., Airport Overlay (APO), Section 4.02.06. Standards for Development in Aimort Zones: and. Appendix D, Airport Zoning, * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 4: [No change to text — provided for context, page 16] 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. Words underlined are added; words sifaGk thFough are deleted. BCC ADOPTION 4 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.5: [Revised text, page 16] An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. The detailed inventory of industrial land uses will be _periodically undated. update ie the industrial Land Use Swdy. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.7: [Revised text, page 17] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners The Bayshore /Gateway Triangle Redevelopment Plan was adopted by the Board on Mar-eh 14, 2 June 13, 2000, it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport- Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between U.S. 41 North and Goodlette -Frank Road; b. U.S. 41 North in Naples Park; and, C. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5: [No change to text — provided for context, page 18] In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the Words underlined are added; words strar* through are deleted. BCC ADOPTION 5 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element - to BCC for Adoption 12 -11 -12 implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.3: [Revised text, page 191 Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any ehanges additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural /Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.14: [pages 21 -22] [Note: revisions to this policy are not depicted below, pending action on a new Interlocal Agreement.] Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Words underlined are added; words stiask-threugh are deleted. BCC ADOPTION 6 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. C. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or IAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board: Words underlined are added; words stwsk thFougb are deleted. BCC ADOPTION 7 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC),Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (I) zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF- 6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C -4), Heavy Commercial (C -5), and Industrial (I) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Objective 6 [Revised text, page 23] Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrency Management Areas are hereby have been established in the specific geographic areas described in Policy 2.5 of this Element. Words underlined are added; words stFuGk thmugh are deleted. BCC ADOPTION 8 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.3: [Revised text, page 24] In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. e) d) �'. ehieul Providing vehicular access to abutting commercial properties. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7 [Revised text, page 24] In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.3 [Revised text, page 24] All new and existing developments shall be encouraged to connect their local streets and/or diieif interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.7 [Revised text, page 25] The Cetwnuait y Development and Environmental SeFviees Growth Management Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words struok through are deleted. BCC ADOPTION 9 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION [No change to text — provided for context, page 26] The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION [No change to text — provided for context, page 26] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** A. Urban Mixed Use District [No change to text — provided for context, page 28] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** B. DENSITY RATING SYSTEM: [No change to text — provided for context, page 47] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban Mixed Use District; and, on a very limited basis, Agricultural/Rural. It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan and the Golden Gate Area Master Plan; these two Elements have their own density provisions. The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). 1. The Density Rating System is applied in the following manner: [Revised text, page 48] a. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre may be allowed, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of. the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed -Use Subdistrict; and, mixed residential and commercial uses as provided for in the C -1 through C -3 zoning districts in the Collier County Land Development Code; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. Words underlined are added; words strums are deleted. BCC ADOPTION 10 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 b. Within the Urban Residential Fringe Subdistrict, the Density Rating System is applicable for the Affordable- workforce Housing Density Bonus only, as specifically provided for in that Subdistrict. C. Within the Rural Lands Stewardship Area Overlay (RLSA), the Density Rating System is applicable for the Affordable- workforce Housing Density Bonus only, as specifically provided for in the RLSA for Stewardship Receiving Areas. d. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessory structures that are not intended and/or not designed and/or not authorized for permanent occupancy, and is not applicable to accessory dwellings or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother -in -law's quarters, cabanas, guest suites, and the like. e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 2. Density Bonuses [No change to text — provided for context, page 48] 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. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** a. Conversion of Commercial Zoning Bonus: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** b. Proximity to Mixed Use Activity Center or Interchange Activity Center: [Revised text, page 49] If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Words underlined are added; words strask threes are deleted. BCC ADOPTION 11 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the z- c TT,. a.,friiezengestieii Coastal High Hazard Area. c.Affordable- Workforce Housing Bonus: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** d. Residential In -fill: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** e. Roadway Access [Revised text, page 50] If the project has direct access to two or more arterial or collector roads as identified in the Transportation Element, one residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the T -°'tee Cengestie Coastal High Hazard Area 3. Density Reduction Consistency with the following characteristic would subtract density: [Revised text, pages 50 -51 ] a. T-°"=° Congestion Coastal High Hazard Area If the project lies within the T°°ffi^ G,,ngestien Coastal High Hazard Area, an area identified ubjee+ to long range +,.°f„ e st , one dwelling unit per gross acre 1\lV II CI ZI shall would be subtracted from the eligible base density of four dwelling units per acre - except for those properties within the Coastal High Hazard Area in Section 1 Township 50 South, Range 25 East. The Coastal High Hazard Area boundary is generally shown on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; and eensists -of all lands lying the +°..... ,. +„ l r r.ban Designated � .° , seaward of that a boundary are within the .1 {r JL{T Coastal High Hazard Area. fnafked by Air-pei4 Pulling Read (ineluding an extension Ua:+-- ---:': snalE�ieek I Read e- easisfew with the Mixed Use Activity Center's residential density band leeated at the southwest quadrant ef the intefseefien of 1 \11I{Ir JIlGIICG 14ammeek Read and Getmty Read 95k (ineluding an extensieft to the east, but exelusive ef the eudying Urban designated afeas f Pef4 of the islands, Wien island, acrd-- Chekeleskee). Pr -ewes adjaeeat to the —T-faffio rV,ge stie n Area shall be eensider-ed paf4 of the T -affie !.nest.., Are if their- only aeeess is te a read feFmiag the boundary ef the Area; however-, if that Words underlined are added; words strask thFough are deleted. BCC ADOPTION 12 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** C. Urban Commercial District [No change to text — provided for context, page 53] This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non - residential uses. 1. Mixed Use Activity Center Subdistrict [Revised text, pages 53 -571 Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes 3 Interchange Activity Centers ( #4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # 1 Immokalee Road and Airport- Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 I -75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake- Hammock Road and Collier Boulevard # 8 Airport- Pulling Road and Golden Gate Parkway # 9 I -75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 I -75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport- Pulling Road #12 US 41 and Pine Ridge Road #13 Airport- Pulling Road and Pine Ridge Road # 14 Goodlette -Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard # 16 US 41 and Airport- Pulling Road Words underlined are added; words strUsk through are deleted. BCC ADOPTION 13 MY ., -TWA" rr-�Wlffp r. '- �. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** C. Urban Commercial District [No change to text — provided for context, page 53] This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non - residential uses. 1. Mixed Use Activity Center Subdistrict [Revised text, pages 53 -571 Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes 3 Interchange Activity Centers ( #4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # 1 Immokalee Road and Airport- Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 I -75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake- Hammock Road and Collier Boulevard # 8 Airport- Pulling Road and Golden Gate Parkway # 9 I -75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 I -75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport- Pulling Road #12 US 41 and Pine Ridge Road #13 Airport- Pulling Road and Pine Ridge Road # 14 Goodlette -Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard # 16 US 41 and Airport- Pulling Road Words underlined are added; words strUsk through are deleted. BCC ADOPTION 13 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 #17 US 41 and Rattlesnake- Hammock Road # 18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** The boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adjusted without a comprehensive plan amendment, except as provided below for Master Planned Activity Centers. Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as a Master Planned Activity Center, via the rezoning_ process. A Master Planned Activity Center is one which has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area -wide Development of Regional Impact. If choosing to o designate a Mixed Use Activity Center, or portion thereof, as a Master Planned Activity Center, the property Pr-epet4y owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Activity Center process; as provided below. # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake- Hammock Road and Collier Boulevard # 14 Goodlette -Frank Road and Golden Gate Parkway In recognition of the benefit to the public road network resulting from the coordination of planned land uses and coordinated access points to the publie read net , Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus location of uses permitted within a designated Mixed Use Activity Center. The boundaries of Master Planned Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below. However, the acreage within the reconfigured Activity Center shall not exceed that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Activity Center: The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. , 0 request a r-ezening under- the pr-evisions of a Mixed Use Aefivity Center- SubdistfiO less than 0 Words underlined are added; words stwsk threug# are deleted. BCC ADOPTION 14 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 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 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, for a total of 179 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. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses ") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self - storage facilities — this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings /properties; and, fitness centers. The maximum amount of commercial uses allowed at Activity Center #14 (Goodlette -Frank Road and Golden Gate Parkway) `hall have a f is 45 acres; , the balance of the land uses shall be limited to non- commercial uses as allowed in Mixed Use Activity Centers. 3. The location and configuration of all land uses within a Master Planned Activity Center shall be compatible with and related to existing site features, surrounding Words underlined are added; words stFask-threugh are deleted. BCC ADOPTION 15 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** II. AGRICULTURAL/RURAL DESIGNATION [No change to text — provided for context, page 66] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** A. Agricultural/Rural Mixed Use District [No change to text — provided for context, page 67] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** B. Rural Fringe Mixed Use District [No change to text — provided for context, page 69] The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi - rural, rapidly developing, large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of- way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. Words underlined are added; words s"Gk through are deleted. BCC ADOPTION 16 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: [No change to text — provided for context, page 691 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. [No change to text — provided for context, page 76] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 2004, onward for a period of six and en° ten years after the adoption of the LDC amendment implementing this provision, or until Mare h 27, '^" September 27, 2015. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 7. Permitted Uses: Permitted uses are limited to the following: [No change to text — provided for context, page 77] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** [Revised text, pages 77 -78] f) Essential Services necessary to serve permitted uses identified in Section 5,a) 7_a) through J such as ... * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 8. Conditional Uses: [Revised text, page 78] a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 44) 7.f). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one -year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. Words underlined are added; words stfask thFougb are deleted. BCC ADOPTION 17 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses 4.a), 4.e) an d) Ta). 7.c) and 7.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 4. Exemptions from the Rural Fringe Mixed Use District Development Standards — [Revised text, page 84] The requirements, limitations and allowances of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or- ezone pefifien has been approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include on -site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** V. OVERLAYS AND SPECIAL FEATURES [Revised per DEO Comment, pages 87 — 89] A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). The ACSC regulations notwithstanding, there is an existing Development Agreement between Port of the Islands, Inc. and the fthglll State of Florida Department of Community Affairs, approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the Florida Department of Community Affairs, approved in April 2005, pertaining to development in Plantation Island. Chokoloskee is excluded from the Big Cypress Words underlined are added; words stMGk thFOUgh are deleted. BCC ADOPTION 18 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element — to BCC for Adoption 12 -11 -12 Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28 -25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Geammunity Affairs Economic Opportunity for review with the potential for appeal to the Administration Commission per Chapter 93-4 73C -44, Florida Administrative Code, "Community Planning, Development Order Requirements for Areas of Critical State Concern". * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.16: [RLSA Policy revised per DEO Comment, page 98] Stewardship Receiving Areas will accommodate uses that utilize creative land use planning techniques and Credits shall be used to facilitate the implementation of innovative and flexible development strategies described in meter- -63:3 5.{ ^�)(1) Section 163.3168(2), Florida Statutes. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.6: [RLSA Policy revised per DEO Comment, page 105] SRA characteristics shall be based upon innovative planning and development strategies referenced in der -163 F.S. and 9i 5.096(3)0 Section 163.3168(2), Florida Statutes. These planning strategies and techniques include urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions, and mixed -use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost - efficient delivery of public facilities and services. Such development strategies are recognized as methods of discouraging urban sprawl. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** H. Coastal High Hazard Area: [Revised text, page 120] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is generally depicted on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words strask throes are deleted. BCC ADOPTION 19 Exhibit "A" As approved by CCPC on 10 -30 -12 EAR -based GMP Amendments Future Land Use Element— to BCC for Adoption 12 -11 -12 FUTURE LAND USE MAP SERIES [Revised text, final page of FLUE text] Future Land Use Map [Added new Future Land Use Map Series maps] Activity Center Index Map * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Collier Boulevard Community Facility Subdistrict Map Coastal Hiah Hazard Area Map Coastal High Hazard Area Comparison Man * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Future Land Use Map and Map Series [Revised and new maps, following FLUE text] [Revised further per DEO Comment] a. Amend countywide Future Land Use Map (FLUM) to: 1. Delete Traffic Congestion Area boundary (correlates to changes in Density Rating System) 2. Revise Coastal High Hazard Area boundary (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element and changes in Density Rating System) 3. Revise planning horizon from 2006 -2016 to 2012 -2025. 4. Correct the names of the following parks and preserves: change Fakahatchee Strand State Preserve to " Fakahatchee Strand Preserve State Park "; change Delnor - Wiggins State Recreation Area to " Delnor- Wiggins Pass State Park "; change Barefoot Beach State Preserve to "Barefoot Beach Preserve County Park ". b. Create new Coastal High Hazard Area Map depicting revised Coastal High Hazard Area boundary — generalized boundary to correlate with that depicted on countywide FLUM and more precise boundary (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element, revised CHHA boundary on countywide FLUM, and changes in Density Rating System) C. Create new Coastal High Hazard Area Comparison Map depicting revised Coastal High Hazard Area boundary — generalized boundary to correlate with that depicted on countywide FLUM and more precise boundary — and the now existing (to become former) CHHA boundary for comparison purposes (correlates to changes in Policies 6.1.1 and 12.2.5 of Conservation and Coastal Management Element and revised CHHA boundary on countywide FLUM) [The above revisions also affect the text entries in the Future Land Use Map Series listing appearing on Future Land Use Element page I] GXDES Planning ServiceslComprehensiveQ011 EAR -BASED GMP AMENDMENTSOCC Adoption - EAR -based GMPAsWementslFLUE_BCC adopts - DM11 -1 FLUE Exhibit A EAR to BCC for Adoption.doc DW, cs Words underlined are added; words strdsk through are deleted. BCC ADOPTION 20 a c: W a m a L f. F- Ln X W f 46 S I T 47 S I T 48 z j 0 0 a O 2 < �I Y o f e. Az T 49 S T 50 S T 51 S T 52 S T 53 S Ai Nnoo CNVM0?JH ),i N10J ICVG ac V ❑ ■ ■ ❑ O 6W �' i I "mil ® ■' ® I � � nx w.Ye W W L;;�x8oso�s e� s � b E 6 a s am Y s z� gd ;Z c '. R 5 E a3 des oz p PJ a tl q g g b b Ya bgg aa b 89 89 bm §a d& ■�■ m� ■oI ■ sm ■ I ❑ ■ ■® z-� $'� E g • W w awRa PJa� Ai Nnoo CNVM0?JH ),i N10J ICVG ac V ❑ ■ ■ ❑ O 6W �' i I "mil ® ■' ® I � � � rl"I` W W s � b E 6 a 8 am Y s z� gd ;Z c '. R 5 E a3 des oz p PJ a ■�■ m� ■oI ■ sm ■ I ❑ ■ ■® z-� $'� E g • W w awRa PJa� Q 86 4 i U w M z �"W�AS `d� m 3 O m Wd 84s ow .gg <Y Y E d �' F �d _, fi4 k� @:7X Q,dys5 z o ` $sg=s `='m' 4� <€ a a�es g3 s2 =� e 2 215 , W zg < m L" 3 Ciki .19i: C E�� F W oe O M 1 W N! b ° d d ¢ � Z �b a - W N 4 9 w ¢¢ U N � O ¢ � N 4 N OD 9 I I I � � eenn3� � 530• om+3 oavr.3lKa �-roaYa UdQ i - -NIn M1'�JV W i a O �z 5 tY viz F N � ..J W o C LCD = O aFOw <f �? @ C LL �o� w N c W U p�� oz co v a N1extiC0 Bo �m= Gulf o f S 9b 1 S L4 1 S 84 1 S 64 1 S 05 1 S l6 1 S Z9 L S S9 1 D DRAFT Legend CHHAON FLUM (GENERALIZED) CHHA D EXHIBIT "A" EAR -BASED GMPA COASTAL HIGH HAZARD AREA MAP o d UO 6 � X11 I p TgMIg4* 1 ;8 o J b 0 1 2 4 6 Miles ­1 January ... A c ,.Y CR 866 EAR -BASED GMPA EXHIBIT "A" COASTAL HIGH HAZARD AREA COMPARISON MAP Legend OLD (EXISTING) CHHA — NEW CHHA ON FLUM TRAFFIC CONGESTION AREA (TO BE DELETED) D NEW CHHA it'll I I ftlo 0 1 2 4 6 Miles F'LE .1- R.-­February 2012Mm r C° _ a � \ • a ��n STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -14 which was adopted by the Board of County Commissioners on the 9th day of January, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 2013. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board -of' County Commissioner's By: Ann Jennejohn, Deputy Clerk