Recommendation to consider approving the 2013 Cycle 1 of ...

EXECUTIVE SUMMARY

Recommendation to consider approving the 2013 Cycle 1 of Growth Management Plan
Amendments for transmittal to the Florida Department of Economic Opportunity for
review and Comments response. (Transmittal Hearing)

OBJECTIVE: For the Board of County Commissioners to review the 2013 cycle 1 of
amendments to the Collier County Growth Management Plan (GMP) and consider approving
said amendments for transmittal to the Florida Department of Economic Opportunity.

CONSIDERATIONS:
 Chapter 163, F.S., provides for an amendment process for a local government’s adopted

Growth Management Plan.
 The Collier County Planning Commission (CCPC), sitting as the “local planning agency”

under Chapter 163.3174, F.S., held their Transmittal hearing for the 2013 cycle 1 petitions
on September 19, 2013 (petitions CP-2013-1, CP-2013-3 and CP-2013-4).
 This Transmittal hearing for the 2013 cycle 1 considers amendments to the Future Land Use
Element and Future Land Use Map.

Note: Because the support materials are voluminous, and some exhibits are oversized, the
Agenda Central system does not contain all of the related documents pertaining to these GMP
amendment petitions. The entire Executive Summary package, including all support materials, is
included in the binders provided separately to the BCC specifically for the 2013 cycle 1 of GMP
amendment petitions. The complete binder is available for review in the Comprehensive
Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of
Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Or, see
http://www.colliergov.net/index.aspx?page=2460.

Petition PL20130000139/CP-2013-1 is a petition submitted by iStar Development Company, SFI
Naples Reserve, LLC, and Wilton Land Company, LLC, requesting amendments to the Urban
Residential Fringe Subdistrict and the Density Rating System in the Future Land Use Element
(FLUE) to allow the use of Transfer of Development Rights (TDR) Credits from any Rural
Fringe Mixed Use District (RFMUD) Sending Lands to be used in the Naples Reserve PUD. A
portion of the Naples Reserve PUD is designated Urban Residential Fringe Subdistrict and a
portion is designated RFMUD Receiving Lands. The FLUE presently limits the use of TDR
Credits in the Urban Residential Fringe Subdistrict to those derived from RFMUD Sending
Lands located within one (1) mile of the Urban Residential Fringe Subdistrict boundary. The
Naples Reserve PUD is located approximately 1½ miles east of Collier Boulevard (CR 951), and
approximately ½ mile north of US 41 East, north of the Reflection Lakes development (Walnut
Lakes PUD), in Section 1, Township 51 South, Range 26 East. The purpose of the re-designation
is to remove the limitation on where TDR Credits may be derived so as to allow the Naples
Reserve PUD to obtain TDR Credits from distant RFMUD Sending Lands.

During the creation of the RFMUD GMP amendments, it was asserted by some that the [then
proposed] Sending Lands located closest to the Urban Residential Fringe were of higher value,

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therefore should receive a higher compensation, perhaps a greater number of TDR Credits per
five acres than other Sending Lands. The RFMUD GMP amendments were adopted without a
different compensation ratio but the amendments did restrict the usage of TDR Credits in the
Urban Residential Fringe to only those derived from Sending Lands located within one mile.
Stated differently, TDR Credits derived from Sending Lands located greater than one mile from
the Urban Residential Fringe cannot be used in the Urban Residential Fringe. The proposed
amendment would remove that restriction but only for the Naples Reserve PUD.

Staff analysis of this petition is included in the CCPC Staff Report.

Petition PL20120002909/CP-2013-3 is a petition submitted by McGuire Development Company
requesting amendments to the Buckley Mixed Use Subdistrict in the Future Land Use Element
(FLUE) to: a) modify the intent section so as to no longer require small scale, mixed use
development; b) eliminate the requirement to develop a mixed use project, i.e. no longer require
development of residential uses; c) eliminate the cap on retail uses square feet/acre; d) eliminate
the cap on office uses square feet/acre; e) eliminate the maximum building footprint (of 15,000
square feet); f) eliminate the requirement to develop a specified portion of total square feet in
multi-story buildings; g) eliminate the restriction on drive-through establishments to banks only,
and add allowance for four establishments with drive-through facilities; h) eliminate the internal
access requirement; i) eliminate the requirement for all sides of buildings to have a common
architectural theme; j) eliminate the specified buffer requirement along Airport Road; k)
eliminate the specified landscape buffer requirement along all other property lines; l) eliminate
the screening requirement for parking areas; m) add allowance for maximum of 50% of the total
square feet to be within multi-tenant buildings (shopping centers/plazas); and, n) add correlating
reduction of commercial square feet to number of residential units and visa versa. The result of
these proposed amendments is that the site could now be developed as all residential or all
commercial; if developed all commercial, it could now be all retail or all office; commercial uses
could now include “big box” stores (up to 100,000 sq. ft.) and shopping centers/plazas; building
profiles could now be uniform (all the same story/height) rather than varying; other uses with
drive-through facilities besides banks would now be allowed, and up to four of them;
architectural standards and landscape buffer requirements would now be as per the Land
Development Code rather than more stringent. In short, development would be allowed similar
to Activity Centers except uses limited to C-1 – C-3.

At the CCPC hearing, the petition agents asserted numerous errors in the CCPC staff report
pertaining to available commercial inventory, and a petition consultant spoke about local market
conditions. Upon staff and CCPC request, the agents agreed to provide the information and
statements they provided to the CCPC in written form. The agents have submitted a petition
supplement (Memorandum dated October 3, 2013) which reflects the substance of their
comments at the CCPC meeting. It includes parameters for site selection and analysis.

There is a difference in perspective between the petitioner and staff. The petitioner has
demonstrated there is a limited supply of available vacant lands that would accommodate C-1
through C-3 uses within the site’s market area but has not demonstrated a demand for such
vacant lands. Staff has consistently requested the demand analysis be provided for such GMP
amendments, which typically consists of population data, disposable income, etc. in order to

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determine supportable commercial acreage within the identified market area. Staff views the
demand for additional commercial from an inventory perspective (and recognizes that variables
for the commercial lands inventory include location, size, depth, zoning intensity, etc.) – is there
a need/demand for more commercial in the subject area? If there isn’t, then adding more
commercial may negatively impact lands already designated and/or zoned for commercial. Staff
does not view the demand, or lack thereof, for additional commercial as an indicator of success
or failure for the subject site; that is determined by the market.

In considering the appropriateness of location, staff notes this site is at a mid-block location
proposing uses – including big box up to 100,000 square feet - which the GMP generally directs
to Activity Centers which are located at major intersections. Additional staff analysis of this
petition is included in the CCPC Staff Report.

Petition PL20130000365/CP-2013-4 is a petition submitted by Olde Florida Golf Club, Inc.
requesting an amendment to the Future Land Use Map to change the designation of the Olde
Florida Golf Club property from Rural Fringe Mixed Use District Neutral Lands to Rural Fringe
Mixed Use District Receiving Lands. The Olde Florida Golf Club comprises 553.7 acres and is
located on the north side [at the easterly terminus] of Vanderbilt Beach Road, two miles east of
Collier Boulevard (CR 951), in Section 31, Township 48 South, Range 27 East.

With this re-designation, the property would be allowed all uses and densities, and be subject to
all development standards, of the Receiving Lands designation, including use of TDR Credits to
increase the maximum density from presently allowed 1 dwelling unit/5 acres to 1 dwelling
unit/acre. If this GMP amendment is adopted, then the property will need to be rezoned from the
RFMUO Neutral Lands zoning overlay to the RFMUO Receiving Lands zoning overlay.

Staff analysis of this petition is included in the CCPC Staff Report.

FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these three
amendments. Petition fees account for staff review time and materials, and for the cost of
associated legal advertising/public notice.

LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of
the Board is needed for transmittal to DEO. --HFAC

GROWTH MANAGEMENT IMPACT: Approval of these proposed amendments by the Board
for Transmittal to the Florida Department of Economic Opportunity will commence the
Department’s thirty-day (30) review process and ultimately return these amendments to the
Planning Commission and the Board for final Adoption hearings to be held in 2014.

ENVIRONMENTAL ISSUES: The site of petition CP-2013-4 contains State and County
jurisdictional wetlands (previously deemed U.S. Army Corps of Engineers jurisdictional
wetlands), and listed plant and/or animal species may occur on site. An existing conservation
easement(s) encompasses some or all of these wetlands. Further, as part of the process of
obtaining subsequent development orders (e.g. site development plan), the site will be subject to
all applicable local, state and federal environmental protection regulations, including applicable

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portions of the Conservation and Coastal Management Element of the Growth Management
Plan, and the Land Development Code.

HISTORICAL/ARCHAEOLOGICAL IMPACT: Petition CP-2013-4 contains one identified
archaeological site. As part of the process of obtaining subsequent development orders (e.g. site
development plan), the site will be subject to all applicable local, state and federal protection
regulations relevant to historical and archeological sites.

STAFF RECOMMENDATION: That the CCPC forward petitions CP-2013-1 and CP-2013-4
to the Board with a recommendation to approve for transmittal to the Florida Department of
Economic Opportunity, and that the CCPC forward petition CP-2013-3 to the Board with a
recommendation not to approve, as submitted, for transmittal to the Florida Department of
Economic Opportunity but to approve one of two alternatives provided in the CCPC Staff
Report.

COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The CCPC forwarded petition CP-2013-1 to the Board with a recommendation to approve for
transmittal to the Florida Department of Economic Opportunity (vote: 6/0). There was one
public speaker, opposed to this petition due to affect upon owners of Sending Lands within one
mile of the Urban Residential Fringe Subdistrict.

The CCPC forwarded petition CP-2013-3 to the Board with a recommendation to approve for

transmittal to the Florida Department of Economic Opportunity (vote: 6/0), subject to changes to:

(a) cap individual user size at 100,000 square feet; (b) limit to one fast food restaurant with drive

through facility; (c) prohibit convenience store use; (d) reduce residential density to a maximum
of 11 units/acre; and, (e) incorporate select text changes from staff’s Alternative #1 text in the
CCPC staff report. The CCPC’s motion is reflected in the Resolution Exhibit A text for this
petition. Additionally, the CCPC’s motion expressed desire for the owner to pay his fair share
towards cost of a traffic signal at project entrance, should a signal be warranted in the future –

and acknowledged such a condition would be appropriate at time of rezoning. Note: A PUD

amendment petition for the Buckley PUD is presently under review and is anticipated to be heard

on the same schedule as the Adoption hearings for this GMP amendment petition. There were

two public speakers, both in support.

The CCPC forwarded petition CP-2013-4 to the Board with a recommendation to approve for
transmittal to the Florida Department of Economic Opportunity (vote: 6/0). There were two
public speakers - one in support, and one expressing concerns about impact upon wildlife in the
area.

Prepared By: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning
and Zoning Department, Growth Management Division/Planning and Regulation

Attachments: 1) CP-2013-1 CCPC Staff Report; 2) CP-2013-1 Resolution with Exhibit “A” text;

3) CP-2013-3 Memorandum (petition supplement) dated October 3, 2013; 4) CP-2013-3 CCPC

Staff Report; 5) CP-2013-3 Resolution with Exhibit “A” text; 6) CP-2013-4 CCPC Staff Report;

7) CP-2013-4 Resolution with Exhibit “A” map

Executive Summary Transmittal 2013 Cycle 1 GMPAs4 - Final

G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles & Small Scale Petitions\2013 Cycle 1 – February dw/10-29-13

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