Ordinance 2017-48 ORDINANCE NO. 17- 48
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 VANDERBILT
BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT
OF THE URBAN MIXED USE DISTRICT TO ADD THE
PREVIOUSLY REQUESTED 150,000 SQUARE FEET OF
COMMERCIAL LAND USES FOR THE 14.492 ACRE TRACT PER
PETITION NO. CP-2003-1; TO ADD 50,000 SQUARE FEET OF
GROSS LEASABLE FLOOR AREA TO THE EXISTING 200,000
SQUARE FEET OF COMMERCIAL LAND USES AND THE
PREVIOUSLY REQUESTED 150,000 SF OF COMMERCIAL LAND
USES FOR A TOTAL OF 400,000 SQUARE FEET OF GROSS
LEASABLE FLOOR AREA OF COMMERCIAL LAND USES; TO
REMOVE A DEVELOPMENT RESTRICTION RELATED TO
TRANSPORTATION IMPACTS; TO AMEND AND RE-ORDER
THE TEXT; 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
SUBDISTRICT IS 47.94± ACRES AND LOCATED ON THE NORTH
SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 'A
MILE WEST OF COLLIER BOULEVARD IN SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20150002167]
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, Vanderbilt Commons, LLC has initiated this amendment to the
Future Land Use element; and
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WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on April 17, 2017, 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 October 19, 2017, and the Collier
County Board of County Commissioners held on December 12, 2017; 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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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 D LY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 1j1 ay of Ne ( ;-,- bu 2017.
ATTEST: 46. BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BR{ T ,CLERK COLL TY, FLORIDA
4
' i f 1. ., ght • BY:
_
Attes '' `' CV'5 PENN AYLOR, :Orman
signature only.
Appr ved as to form and legality:
�4 C1,( /--- C.,, L---- ; ,C `'-,1-.
Heidi Ashton-Cicko Z.'
Managing Assistant County Attorney
Attachment: Exhibit A - text
This ordinance f• ;,,a i4.;d, tta
isvti
day of Wteklil
cnd ecknowled eni ,l
filil• received tl-),s ''i the;
of l* j4 1— (Icy
By °A .. ,�,
De.. c
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Adoption Exhibit PL20150002167/CP-2015-2
EXHIBIT "A"
FUTURE LAND USE ELEMENT
Urban Mixed Use District [Page 36]
9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict
(Paragraphs are re-arranged)
This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road
and Collier Boulevard, consisting of approximately 47.94 acres, comprised of 33.45 acres of land
for the existing area and 15-..86 14.49 acres of land for the expansion area, as depicted on the
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map. The intent of the Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal
services and employment for neighboring and Golden Gate Estates residential areas, as well as
to promote mixed-use development (residential uses over commercial uses). The Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring and
Golden Gate Estates residents, assist in minimizing the road network required, and reduce traffic
impacts in this part of Collier County. This Subdistrict is further intended to create a neighborhood
focal point and any development within this Subdistrict will be designed in a manner to be
compatible with the existing and future residential and institutional development in this
neighborhood.
._ , __ . . •. _. • - - ---- - - .. - - ' - . _ . _ .. ... e.. - -- .
grooms leasable floor area.
Rezonings are encouraged to be in the form of a PUD zoning district, which must contain
neighboring residential and institutional uses. In addition to retail uses and other uses permitted
and tire stores.
the project is used in calculating residential density.
stories. A combination of these uses in a single building financial services and/or offices over
retail uses shall be limited to three stories. Also, mixed use buildings, containing residential
back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height.
1
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Adoption Exhibit PL20150002167/CP-2015-2
common site, signage and building-architectur-al elements. Each project or PUD District shall
To encourage mixed use projects, this Subdistrict also permits residential development when
located in a mixed-use building (residential uses over commercial uses). Such residential
development is allowed at a maximum density of sixteen (16) dwelling units per acre; the gross
acreage of the project is used in calculating residential density.
Retail uses shall be limited to single-story. Financial services and offices shall be limited to three
(3) stories. A combination of these uses in a single building — financial services and/or offices
over retail uses — shall be limited to three (3) stories. Also, mixed-use buildings, containing
residential uses over commercial uses, shall be limited to three (3) stories. All principal buildings
shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of
building height. Development within each project or yet to be established Planned Unit
Development (PUD) District shall be required to have common site, signage and building
architectural elements. Each project or PUD District shall provide for both pedestrian and
vehicular interconnections with abutting properties, where feasible.
Rezonings are encouraged to be in the form of a PUD zoning district, which must contain
development and design standards to ensure that all commercial uses will be compatible with
neighboring residential and institutional uses. In addition to retail uses and other uses permitted
in the Plan, financial institutions, business services, and professional and medical offices shall be
permitted.
A total of 400,000 square feet of gross leasable floor area is permitted within this Subdistrict as
follows:
Development intensity for the existing area (Mission Hills Planned Unit Development) of this
Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area.
Within the 14.49-acre expansion area, 200,000 square feet of gross leasable floor area for
commercial land uses is permitted. The following land uses shall not be permitted: gas stations,
convenience stores with gas pumps, fast food restaurants with drive-through lanes, and tire
stores.
G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12015 Cycles & Small Scale Petitions12015 Cycle 3 -
October\Exhibit A text and maps115-2 Adoption Exhibit A.docx
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 13, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
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. 17-48, which was filed in this office on December 13,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us