Ordinance 2014-23 ORDINANCE NO. 14-23
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE
LAND USE ELEMENT TO REVISE THE BUCKLEY MIXED USE
SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO
REMOVE THE OFFICE AND RETAIL CAPS AND ALLOW UP TO
7,500 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL USES PER ACRE OR 11 RESIDENTIAL
DWELLING UNITS PER ACRE, TO MAKE RESIDENTIAL
DEVELOPMENT OPTIONAL, TO PROHIBIT COMMERCIAL AND
RESIDENTIAL USES ON THE SAME PARCEL, TO LIMIT MULTI-
TENANT COMMERCIAL BUILDINGS TO NO MORE THAN 50%
OF THE COMMERCIAL SQUARE FOOTAGE, TO REVISE
DEVELOPMENT STANDARDS INCLUDING THE CAP ON THE
SIZE OF THE FOOTPRINT OF COMMERCIAL BUILDINGS, AND
PROVIDING FOR TRANSMITTAL OF THE ADOPTED
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT
ROAD AND APPROXIMATELY 330 FEET NORTH OF ORANGE
BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.70
ACRES. [PL20120002909/CP-2013-3]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly 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 Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Petitioner, McGuire Development Company has initiated this amendment to
the Future Land Use element; and
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PL20120002909/C P-2013-3
Rev. 5/15/14
G�'
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on November 20, 2013, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Element to the Growth Management Plan and transmitted its comments in
writing to Collier County within the time provided by law; and
WHEREAS, Collier County, has 180 days from receipt of the 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, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on May 1, 2014 and May 15, 2014,
and the Collier County Board of County Commissioners held on June 10, 2014; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Future Land Use Element attached hereto as Exhibit "A" and
incorporated herein by reference, are hereby adopted in accordance with Section 163.3184,
Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity.
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 this plan amendment, if the amendment is 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, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
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P L20120002909/CP-2013-3
Rev. 5/15/14
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced 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, Florida this (Olday of 114_,-10 2014.
ATTEST t3•'° L1 ��,` BOARD OF COUNTY COMMISSIONERS
DWIGHT` . BROCI -CLERK COLLIER COUNTY, FLORIDA
°IP
• i■ P BY:•
4 ,' Deputy ler 1`'r fl •M HENNINGA hairman
Attest as to ' %„
signature only.
Approved as to form and legality:
cA C1 ‘,4t
Heidi Ashton-Cicko eff7
Managing Assistant County Attorney
Attachment: Exhibit A
13-CMP-00901\27
This ordinance filed with the
Secretory of tote's Office the
IV"'tdoy of ,Zo 1 _
and acknowledgement of that
filing received his IVh day
of JV °1
Bly?ti-a—! 111
Deputy.k agoir
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PL20120002909/CP-2013-3
Rev. 5/15/14
Exhibit A
CP-2013-3
I. URBAN DESIGNATION [Page 40]
A. Urban Mixed Use District
12. Buckley Mixed Use Subdistrict
The intent of this Subdistrict, which comprises 21.7 acres, is to allow for limited small scale
retail, office and residential uses while -e -. - - -- - - -- - - - - -- allowing for the
development of a mixed-use development. The Activity Centers to the North and South provide
for large-scale commercial uses, while this Subdistrict is intended to promote small scale
convenience and intermediate commercial development mixed use development with
pedestrian orientation to serve existing and future residential development in the immediate
area. This Subdistrict - - --- - e- - - - - - - - - - •• -e- - -
residents •with a pedestrian scale development while also reducing will serve to reduce existing
trip lengths for small scale convenience and intermediate commercial services. Commercial
uses for the purpose of this section are limited to those permitted and conditional uses allowed
in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this
Subdistrict will be governed by the following criteria:
a. Rezoning is encouraged to be in the form of a PUD.
b. A unified planned development with common architectural theme, which utilizes
shared parking and crows accesses. The Subdistrict shall be developed with a
common theme for architecture, signage, lighting and landscaping.
c. Retail Commercial uses will be capped at a maximum of 350 162,750 square feet
of gross floor area per acre for the total project.
project.
of 15 dwelling units per acre for the total project. Residential uses are allowed at a
density of 11 dwelling units per acre, calculated based upon the entire Subdistrict
acreage, yielding a maximum of 239 dwelling units.
fe. Maximum lot coverage for buildings is capped at 35% for the total project.•
g. ` - . e - - -°• - - - - - -- -- --- - - - - - -
ings.
ceconday-aeecsses facing the street.
i. All four sides of each building must be utilized in a common architectural theme.••
A - _-- -- -- '- '- -- - - -- -°- - -' - - -- - • - . - • --• •
• - - - e - - - - e i9,999 c.. - --
retail or office uses.
kf.'- _- _ ___ _ _ ___ __ __ __ __ . Residential uses shall not
be integrated with commercial uses in the same building.
l-g. Integration of residential and office or retail uses in the same building is encouraged.
buildings (residential and commercial) For each acre of land utilized for residential
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purposes, 7,500 square feet of commercial buildable square footage will be
eliminated from the total square footage allowable. For each acre of commercial
square footage built, 11 residential units will be eliminated from the maximum
allowable number of residential units.
rah. Pedestrian connections are encouraged to all perimeter properties.
Ri. No building footprint will exceed Individual commercial users shall be limited to a
maximum gross floor area of 100,000 1-5T0-00 square feet. Common stairs,
breezeways or elevators may join individual-bu-ildings.
et No building shall exceed three stories in height with no allowance for under building
parking.
pk. Drive-through establishments will shall be limited to a maximum of four. Only one of
these drive-through establishments shall be allowed for a fast-food restaurant, and
no drive-through establishment shall have banks with no more than three drive-
through lanes,;these All drive-through lanes must be architecturally integrated into
the main building.
al. No gGasoline service stations and convenience stores with fuel pumps are
prohibited. will be permitted.
cm.All buildings wil4 shall be connected with pedestrian pathways features.
sn. A twenty foot wide landscape Type D buffer shall be required along Airport Pulling
Road. A twenty-foot wide Type C landscape buffer shall be required along all other
perimeter property lines adjacent to residential use.
t. Parking areas must be screened from Airport Pulling Road and from any properties
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FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 16, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 14-23,which was filed in this office on June 16, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us