Loading...
Ordinance 2015-22 ORDINANCE NO. 15- 2 2 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT AND IMMOKALEE AREA FUTURE LAND USE MAP TO ADD APPROXIMATELY 24.99 ACRES TO THE SR-29 AND JEFFERSON AVENUE COMMERCIAL SUBDISTRICT OF THE URBAN- COMMERCIAL DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF UP TO 162,000 SQUARE FEET OF C-1 (COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT), C-2 (COMMERCIAL CONVENIENCE DISTRICT), C-3 (COMMERCIAL INTERMEDIATE DISTRICT), AND C-4 (GENERAL COMMERCIAL DISTRICT) COMMERCIAL USES AS DESCRIBED IN THE LAND DEVELOPMENT CODE (LDC); TO EXEMPT DEVELOPMENT ON THE SUBJECT SITE FROM THE ARCHITECTURAL AND SITE DESIGN STANDARDS OF LDC SECTION 5.05.08, AND THE SIGN STANDARDS OF LDC SECTION 5.06.00; AND TO PROVIDE THAT ARCHITECTURAL, SITE DESIGN AND SIGN STANDARDS BE ESTABLISHED THROUGH THE REZONING OF THE SUBJECT SITE; PROVIDING FOR TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF WESTCLOX STREET AND STATE ROAD 29 IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. [PL20130001345/CP-2013-8] 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, Barron Collier Investments, Ltd., has initiated this amendment to the Immokalee Area Master Plan Element and Immokalee Area Future Land Use Map; and [1 4-CMP-0091 5/1 1 51 1 96/1]72-rev.2/5/15 1 Words underlined are additions;Words s#ttek4hfough are deletions *** *** *** ***area break in text c.) WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on July 3, 2014, 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 Map 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 January 15, 2015, and the Collier County Board of County Commissioners held on March 10, 2015; 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 amendment to the Immokalee Area Master Plan Element and Immokalee Area Future Land Use Map, attached hereto as Exhibit "A" and incorporated herein by reference, is 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 [14-CMP-00915/1151196/1]72-rev.2/5/15 2 Words underlined are additions; Words struck struek-thfeugh are deletions *** *** *** ***are a break in text GT 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 ULY ADOPTED b the Board of County Commissioners of Collier County, Florida this /0'day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA l � A ".' 45!, 'S TIM NANCE, Chairman an °r-signature drily.. Approved as to form and legality: Heidi Ashton-Cicko ,y Managing Assistant County Attorney Attachment: Exhibit A—Text and Map Amendment This ordinance tiled with tt Se r ory of St te'ssOffice t`e • ay of and ac know Iedgeme f that filin re ivedxhis )' ' day of ,. V BY oea rk [14-CMP-00915/1151196/1]72-rev.2/5/15 3 Words underlined are additions;Words st^u^' h are deletions *** *** *** ***are a oreak in text GQ' Exhibit A C P-2013-8 URBAN DESIGNATION [Page 16] B. Urban — Commercial District 1. Commercial Subdistrict— S.R. 29 and Jefferson Avenue The purpose of this Subdistrict is to provide for retail and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts, as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N; and, 6929. B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along Jefferson Avenue as identified on Zoning Map 6933S. C. That portion of the Subdistrict located at the northwest quadrant of the intersection of Westclox Street and S.R. 29 shall be rezoned in the form of a Planned Unit Development (PUD). The PUD shall include an appropriate list of commercial land uses designed to serve the needs of the Immokalee community. Development within this portion of the Subdistrict shall not be required to meet the specific architectural and site design standards for commercial development required for PUDs, identified in Section 5.05.08, and the signage requirements of Section 5.06 of the Collier County Land Development Code; however, the PUD shall include specific site design and building architectural and signage standards for the commercial development. Non-commercial Uses In addition to those mixed-uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and those essential services as defined in the Land Development Code. *** *** *** *** *** *** *** **** *** *** *** *** *** Text break *** *** *** *** *** *** *** *** *** *** *** *** ** Page_1__of�-- 3 3 3 3 3 3 3 3 3 3 3 7 * 3 i Y cs,CL W 3 3 3 3 3 3 3 3 3 3 3 3 , 3 U 3 3 3 3 4 4 4 3 Z Q , 3 3 3 3 3 3 3 3 3 O F 3 3 3 3 3 3 3 3 3 3 N- e C f I= 3 3 3 3 3 3 3 , 3 3 3 0 a 3 gi 1S1 d , 3 3 3 3 3 3 W M C g R Y 7 7 .1 3 3 3 3 l7 E r N ; i °� i � Y` x 5e i 3 3 3 J of $ d G _ e Y _ co c : ow ' S E 3 3 3 5 � g a � � � e $W q a 4 uSai a P� @p6zi 3 3 3 / 3 1 i e § b Y 1 ;§ E N . it tW 33 4y a .. 4 3 iY 3 s i 3 2 C J< &;ZN pS Y< g 1000••• ! • 0•1 of ®ooLD g 1 I_________- w t e O. IT 5Q �5U / \W. U W ikk■A. ...,, ,,.._.,„,.. A 3 m W QC -x M N , 3 o Z Li., 46;9 W Q , 3 • .,_ I\�a ego.y.3 3 3 3 3 V 0 o . O� gl�I \ ,I ,I ` , N W , 3 , 3 -,n. s ∎v �I ►���\R\44\\`1►- ��I \� I W . , U LL e:•ro , .w �\\,`�, W r-7-\--;:'---/ II=\t N r.‘um-MUM ahl -e J j 'IN 1 illa ME NI - a O ? i1!i 3 , -, . N 3 L__, I/ _. _. c___.------ _ ) ri A1 3, 3 3 3 , , 3 3 3 3 3 3 3 3 3 3 i 3 i 3 i 3 i 3 3 3 i i i _ I 4_ F17( 3 —�— 3 3 > ' 3 i i i 3 3 3 3 3 3 3 , 3 , r.3 3 3 i 3 i j 3 i 3 j 3 i 3 i i 3 3 i i 3 , 3 i , i i i , 3 i , 3 3 3 3 , W i , , 3 3 3 3 3 3 3 3 3 3 3 i — -.... 3 3 3 3 3 3 3 3 3 i 3 1 CO 3 3 i Y SS g N 3 3 3 3 3 3 3 3 3 3 3 3 3 i , I & g ,,, Q' ' 3 i i 3 3 3 3 3 3 3 3 3 i 3 i m 8 S >°3n 3 3 i 3 3 3 3 3 i i i i i LT 8 8 40 40 i 4 , 3 3 3 3 3 3 3 3 3 o Cri i 3 i 3 i 3 i i i 3 3 3 3 3 3 3 3 i i 3 3 3 i i $o z i W W C 4 '1 1 .4 131 F, 3 3 S 9ti 1 I S Lb 1 Page 42.of, 0 of till S1{! Vik Aitt FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 13, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Anne P. Jennejohn, 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. 15-22,which was filed in this office on March 12, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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