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Agenda 12/11/2012 Item #10 T12/11/2012 Item 10.T. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to negotiate a settlement agreement with Jerry and Kimberlea Blocker and bring the proposed settlement to the Board of County Commissioners for consideration. OBJECTIVE: To stop prosecuting citizens on frivolous court cases CONSIDERATIONS: On April 26th 2006, the Collier County Code Enforcement Board concluded that the Blockers' property did not have the proper zoning based on Staff's testimony and assertion of "unlawful and inappropriate development and residential use of Industrial zoned property (previously I -C -3) without prior Collier County Zoning and Building Permits." On February 8b 2010, Judge Hayes denied the Blockers appeal of the CEB decision. The appeal of a CEB order is not a new hearing, but is limited to the record before the Code Enforcement Board, with no new evidence heard. After reviewing the case and the Immokalee Master Plan with Mark Strain, it was discovered that the Immokalee future land -use map Industrial zoning of the Blockers property also allows Commercial land -uses C -1 thru C -5 (Commerce Center - Industrial). In the Immokalee area Master Plan 2007 -20, Policy 1.5.2 states "Transient Housing or Migrant Labor Camps as defined by Section IOD -25 FAC may also be developed in areas designated for commercial land use on the Immokalee Area Future Land Use Map. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Consistent. RECOMMENDATION: That the Board of County Commissioners directs the County Attorney to negotiate a settlement agreement with Jerry and Kimberlea Blocker and bring the proposed settlement to the Board for consideration within 30 days. SUBMITTED BY: Commissioner Tom Henning Packet Page -867- 12/11/2012 Item 10.T. COLLIER COUNTY Board of County Commissioners Item Number: 10.T. Item Summary: Recommendation to direct the County Attorney to negotiate a settlement agreement with Jerry and Kimberlea Blocker and bring the proposed settlement to the Board of County Commissioners for reconsideration. (Commissioner Henning) Meeting Date: 12/11/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 12/2/2012 6:22:48 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 12/2/2012 6:22:50 PM Approved By Name: OchsLeo Title: County Manager Date: 12/3/2012 9:17:27 AM Packet Page -868- 12/11/2012 Item 10.T. BrockMarvJlo From: BrockMaryJo on behalf of OchsLeo Sent: Sunday, December 02, 2012 6:18 PM To: BrockMaryJo Subject: FW: Blocker Attachments: Executive Summary - Blocker.docx; certified copy.final appeal order denying blockers appeal in circuit cou .... pdf; 2nd dca opinion.ORDER affirming circuit court ruling denying blockers ap .... pdf, Affirmative defenses.docx; BLOCKER PROPERTIES.pptx; FLUM.pdf; Immokalee Legend 10- 5- 12.pdf; Ordinance 2007- 20.pdf - - - -- Original Message---- - From: HenningTom Sent: Friday, November 30, 2012 7:49 PM To: OchsLeo Subject: FW: Blocker please place on the Dec 11th agenda From: Klatzkow7eff Sent: Friday, November 30, 2012 2:33 PM To: HenningTom Subject: Blocker Commissioner: I believe that the attached Executive Summary captures your intent. I have also attached Judge Haye's decision and the Second DCA's order if you want to include it as back- up to the item. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 - - - -- Original Message---- - From: HenningTom Sent: Thursday, November 29, 2012 12:25 PM To: Klatzkow7eff Subject: blocker Jeff I revised the executive summary. please advise Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail , address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Packet Page -869- 12/11/2012 Item 10.T. 0 1 . 0 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION JERRY AND KIMBERLEA BLOCKER Appellants, V. COLLIER COUNTY, a political subdivison of the State of Florida, constituted as THE BOARD OF COUNTY CONMSSIONERS, and the COLLIER COUNTY CODE ENFORCEMENT BOARD, Appellees. Case No. 08 -66 -CA In Re: CEB Cases Nos. 2006 -16 2006 -1:7 a 200 8 r M v ? CO o w "< co M M FINAL APPEAL ORDER x p C=i= =m ;co �y d i THIS CAUSE came before the Court upon Appellants' Request for Oral Argument on December 15, 2009. having heard argument of counsel, reviewed the memoranda of law filed by the parties, reviewed the entire record, and being fully advised in the premises, the Court finds as follows: 1. This appeal pertains to an April 27, 2006 quasi-judicial hearing before the Collier County Code Enforcement Board [ "CEB "] on several alleged violations of the Collier County Code of Ordinances by Appellants. 2. The violations were: (1) unlawful and inappropriate development and residential use of industrial- zoned. property previously zoned I -C -3; (a) without Packet Page -870- 1 12/11/2012 Item 10.T. 0 - 0 Collier County Zoning and Planning review; (b) without an approved Site Development Plan; (c) without valid Collier County building permits; and perpetuating a use inconsistent with the Collier County Growth Management Plan and the Immokalee Master Plan. 3. The Appellants' Property consists of three separate parcels with three separate tax folio numbers and operates as one mobile home park with the Appellants, owners as of 2002. The Collier County Code Enforcement Department issued one separate Notice of Violation for each property and three case numbers were assigned (2006 -16, 2006 -17, and 2006 -18). The three properties have been treated the same, as if one subject property. The CEB issued three separate orders for the properties. 4. The Court notes that the applicable standard of review by a circuit court of an administrative agency decision is limited to: (1) whether procedural due process was accorded; (2) whether the essential requirements of law have been observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence. The Court is not entitled to reweigh the evidence, to reevaluate the credibility of the evidence, or to substitute its judgment for that of the agency. See Haines City Community Development v. Heggs, 658 So. 2d. 523 (Fla. 1995). Packet Page -871- 2 12/11/2012 Item 10.T. 5. The appeal of the CEB orders is not a hearing de novo but is limited to a review of the record created before the CEB. See Fla. Stat. § 162.11. See also City of Deerfield Beach v. Valliant, 419 So. 2d 624, 626 (Fla. 1982). 6. At the conclusion of the CEB hearing, the Blockers were found to be in violation of the County's zoning regulations by operating a mobile home park in an area designated non - residential. In this case, the CEB decision was rendered only after a duly noticed hearing, where testimony was given, and evidence was presented to a neutral quasi-judicial body. 7. The only building permits and applications for building permits produced at the hearing were (1) 1963 permit # 4086 for construction of a concrete residence; (2) January 28, 1963 application for permit # 4089 for an addition to a CBS structure; (3) July 19, 1967 permit # 67 -759 for an addition for a kitchen and car port; (4) July 31, 1985 permit # I -85 -362 for the replacement of a mobile home; (5) July 31, 1985 permit # I -85 -363 for the replacement of a mobile home; and (6) an October 17, 1990 application for a permit for a screen enclosure. S. Copies of the 1965 and 1970 Collier County Zoning Regulations were presented to the CEB. Mobile homes were not permitted adjacent to any zone higher than R -3. The 1970 Zoning Regulations for Immokalee Area Zoning referred to non - conforming lots and non - conforming uses and provided for non- Packet Page -872- 3 12/11/2012 Item 10.T. conformities, including mobile homes, to be discontinued within one year of the effective date of the 1970 ordinance. 9. The 1967 permit issued to add a kitchen and car port to a concrete block structure indicated the zoning was Retail Commercial District -2, ( "C -2 "), or Commercial Light Industrial District -3, ( "C -311). However, in 1967, "C -2" and "C- 3" excluded mobile homes. 10. In 1985, two (2) mobile homes were permitted to replace old ones. However, no permits were presented for the original mobile homes. 11. According to permit evidence presented at the hearing, by 1965 there were only two permitted concrete structures. By the time of the April 27, 2006 hearing, there were thirty -one (3 1) residential structures, mostly mobile homes, on the lots owned by the Blockers. 12. A non - permitted use under the applicable Collier County Zoning Codes becomes a "non- conforming use." A "non- conforming use" cannot be expanded. 13. At the time of the hearing on the violations, some of the dwellings extended over into the adjacent junkyard easement area. The adjacent property is zoned for junkyard use and immediately west of the mobile homes is an active junkyard facility. 14. The Blockers failed to comply with any of the CEB Orders and Packet Page -873- . 4 12/11/2012 Item 103. Notices of Violations; and in 2007, Affidavits of Non - Compliance and Requests for Imposition of Fines were issued. 15. The Court has accepted the CEB's findings of facts and has not substituted its findings for those of the CEB. 16. The Court further finds: (1) the Collier County CEB afforded the parties due process of law; (2) the Collier County CEB's Orders meet the essential requirements of law; and (3) the Orders are supported by competent substantial evidence. ORDERED AND ADJUDGED: the orders of the Collier County Code Enforcement Board are affirmed and the Appellant's appeal is DENIED. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this W day A4144,710. The n AibltlHugh D. Hayes Circuit Court Judge conformed copies to: Jacqueline Hubbard, Esq. Margaret Cooper, Esq. Patrick G. White, Esq. toe 0, Z/v g 12e, a State of County of &�3 IER t,f �,. i IJ� BY ClkrnFYPI � Y floss is a true and correct cod of a documert`recorded +in the_OFFICIAL RZ 0FRp 01ijef Couaty.'OATNESS my hand Arad of` ial a hrsDet° [ VIGL_rr KtC, L tK 4F= CQURTS D.C. a✓ tt t Packet Page -874- 5 r+ 12/11/2012 Item 103. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURTOF OF FLORIDA SECOND DISTRICT JERRY BLOCKER and KIMBERLEA BLOCKER, Petitioners, COLLIER COUNTY, a political subdivision of the State of Florida, constituted as THE BOARD OF COUNTY COMMISSIONERS, and the COLLIER COUNTY CODE ENFORCEMENT BOARD, Respondents. Opinion filed November 10, 2010. Petition for Writ of Certiorari to the Circuit Court for the Twentieth Judicial Circuit for Collier County; sitting in its appellate capacity. Margaret L. Cooper of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, and Patrick G. White of Porter, Wright, Morris & Arthur, LLP, Naples, for Petitioners. Jacqueline Williams Hubbard, of Office of the Collier County Attorney, Naples, for Respondent Collier County. No appearance for Respondent Collier County Code Enforcement Board. Packet Page -875- i A i Case No. 2D1,0 -9025 PER CURIAM. Denied. 12/11/2012 Item 10.T. CASANUEVA, C.J., and NORTHCUTT and KHOUZAM, JJ., Concur. -2- Packet Page -876- 12/11/2012 Item 10.T. Sec. 2 -2047. - Affirmative defenses to alleged code violations. ` It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with such alleged failure demonstrates by a preponderance of the evidence that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. (Ord. 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L< (D M ja o M 0 Z, 7- Ci w 0 3 Lo 0 'D % Cf) CD CIL (D 0 L7 CID < CU C1S CD w 0 th Packet Page -897- LU (D S) 3 12/11/2012 Item 10.T. r aL.ncL r a5c -0-70- R 28 6 R 29 E IMMOKALEE FUTURE LAND USE MAP Do NEW MARKET ROAD L LAKE TO F RD AKE JTI F "ROF MR. MAN, 1L Packet Page -899- 12/11/2012 Item 103. Ca R 30 E O -EP - --I- AND -C—CAL SUPPORT SECTION D VELMMEW7 AND EN—MENTAL SE-CES DlNS- DATE:, 3/06 RU AAMFLU-2D06.DWG LEGEND Me of &DIUTgI I 12/11/2012 Item 10.T. LEGEND URBAN DESIGNATION MIXED USE DISTRICT LOW RESIDENTIAL SUBDISTRICT MIXED RESIDENTIAL SUBDISTRICT HIGH RESIDENTIAL SUBDISTRICT NEIGHBORHOOD CENTER SUBDISTRICT COMMERCE CENTER - MIXED USE SUBDISTRICT RECREATIONAL TOURIST SUBDISTRICT PLANNED UNIT DEVELOPMENT COMMERCIAL SUBDISTRICT COMMERCIAL DISTRICT COMMERCIAL SUBDISTRICT - S.R. 29 AND JEFFERSON AVENUE INDUSTRIAL DISTRICT INDUSTRIAL SUBDISTRICT COMMERCE CENTER - INDUSTRIAL SUBDISTRICT BUSINESS PARK SUBDISTRICT OVERLAYS AND SPECIAL FEATURES ® URBAN INFILL ENVIRONMENTALLY SENSITIVE AREAS PER AERIALS AND SOIL DATA ENVIRONMENTALLY SENSITIVE AREAS PER S.F.W.M.D. SEMINOLE INDIAN RESERVATION 13WETLANDS CONNECTED TO LAKE TRAFFORD /CAMP KEAIS STRAND SYSTEM NOTE: THIS MAP CAN NOT BE INTERPRETED WITHOUT THE GOALS. OBJECTIVES AND POLICIES OF THE IMMOKALEE AREA MASTER PLAN ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. Packet Page -900- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR 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 2006 -07 plan amendment process; and WHEREAS, Collier County did submit the 2006 -07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did make written objections to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES 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 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan; 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 IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES Amendment is 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 this Amendment to the IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element 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 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3`d Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January, 2007. ATTEST; DV1� T:RQ , CLERK g a e 4o Cha i rs" = APPAGWED'AS70 FORM AND LEGAL SUFFICIENCY: MARJO IE M. STUDENT- STIRLING ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETfi AIR AN 2007 IMMOKALEE AREA MASTER PLAN AND IMMOKALEE ARE MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. 12/11/2012 Item 10.T. immokalee Area Master Plan As Adopted by BCC 1 -30 -07 EXHIBIT "A" III. IMPLEMENTATION STRATEGY f revised text, page 11 This section iz-%,here 1p aces the plan is - -pled into effect. Implementation strategies include the Goals, Objectives; and Policies, and the Land Use Designation Description Section. A: GOALS, OBJECTIVES AND POLICIES Goal I: [deleted text, page 1] Objeetive 14-. [deleted text, page 1] Polie., 1.1.1: [deleted text, page 11 poilley 1.1.2., [deleted text, page 11 establishing and fRaintaining adequate heusing s drainage, and potable .,ate,.- systems; reads; and .-e eational far- l:t:er. poilley 1.1.2., [deleted text, page 11 Goal II: [revised text, page 2] GOAL H 1: TO GUIDE LAND USE SO AS TO ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY, ENVIRONMENTAL Words underlined are added; words stmrak thFeag# are deleted. 1 .......# # # #tRRtt #tR #t # #Rt#t ttttttttt##.ttt**- Indicates break in textttRRtRtRt# 444444#.. tttR.4RtfRRtt.ttttt # # #4. # # #RRRt Packet Page -903- Ir Goal II: [revised text, page 2] GOAL H 1: TO GUIDE LAND USE SO AS TO ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY, ENVIRONMENTAL Words underlined are added; words stmrak thFeag# are deleted. 1 .......# # # #tRRtt #tR #t # #Rt#t ttttttttt##.ttt**- Indicates break in textttRRtRtRt# 444444#.. tttR.4RtfRRtt.ttttt # # #4. # # #RRRt Packet Page -903- Immokalee Area Master Plan As Adopted by BCC 12/11/2012 Item 10.T. 1 -30 -07 QUALITY, AND SMALL -TOWN CHARACTER, M STABLE NEIGHBORHOODS, AND M STATUS AS TME AN URBAN HUB FOR THE SURROUNDING AGRICULTURAL REGION= TOURISM INDUSTRY. AND THE . IMMOKALEE AIRPORT'S DESIGNATION AS A PORT -OF- ENTRY. Objeetive 11- OBJECTIVE 1.1: [revised text, page 21 Unless otherwise permitted in this Master Plan for Immokalee, 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 Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for Immokalee. 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; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and development patterns. Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. Future Land Use e Eleme..t of the G -awth Management Plante Policy H: 1.1.1: [revised text, page 2] The 'A.4-aster- Plan URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN — MIXED USE DISTRICT A. Residential Designatieff 1. Low Residential SubdDistrict 2. Mixed Residential SubdDistrict 3. High Residential SubdDistrict 4. Neighborhood Center Subdistrict 5. Commerce Center — Mixed Use Subdistrict 46. PUPlanned Unit Development Commercial SubdDistrict 7. Recreational Tourist Subdistrict B. URBAN —COMMERCIAL DISTRICT B. b 1. Commercial SubdDistrict - S.R. 29 and Jefferson Ave. 2. Neighbeflieed Center- Distfiet 3. CemmefceCente Mixed Use n^ �tnet it Reer -e tieaa1 T-ourist Distr -iet C. URBAN —INDUSTRIAL DISTRICT Words underlined are added; words r,#Wk i#rsbgh are deleted. 2 ... . «. «.. «. « «.. «...Indicates break in Packet Page -904- Immokalee Area Master Plan As Adopted by BCC 1. Industrial SubdDistrict 2. Commerce Center - Industrial SubdDistrict 3. Business Park SubdDistrict Policy 1.1.2' Overlays and Special Features include: 1. Urban Infill and Redevelopment Area 12/11/2012 Item 10.T. 1 -30 -07 g=7 .we e. Fa- • ON *- *J . ....... . ....... . . ............... . ... . .......... • • - E-- : Policy 1:1.1.23: [revised text, page 3] Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance in the Land Development Code, adopted by Ordinance No. 04 -41, as amended on June 22 2004 and effective October 18 2004 as amended. Policy 1-1-. 1.134• Policy 11:1.1.45: Policy W. 1.1.56: [policy renumbered, page 3] [policy renumbered, page 3] [policy renumbered, page 3] Polley 11.1.6- [deleted text, page 31 By 1999, the Gempfebensive Planning Seetieft will feview existing land uses and z ever-lay that will .,adders ineempatibihty Of land HSeS .,a iflapff8ffiat@ _._t_and developmen the afea. Policy W. 1.1.7: [revised text, page 31 The sites containing existing public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the IAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE, Policy 5.154 and Intergovernmental Coordination Element, Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, 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 to be adopted. All future educational plants Words underlined are added; words skask thF9u9h are deleted. 3 RRRRRRRRRR #RR ##RRY# # ##Rltrtrtrtrt RRRrtRRRrtrtRrt'RY'RRRIndlCateS break in Packet Page -905- 12/11/2012 Item 103. Immokalee Area Master Plan As Adopted by BCC 1.30 -07 and ancillary plants shall be allowed in zoning districts as set forth in FLUE, Policy 5.15. Land Use Designation Description Section: [text relocated, page 41 [This Section has been relocated to follow the Goals, Objectives and Policies Section.] 1h OBJECTIVE 1.2: [revised, relocated text, from page 12 to page 41 Reinstate the former Main Street Program under a new name to provide a means for improvei_g the physical appearance of the commercial building stock by 10% i* alone the Main Street corridor, from First Street to Westclox Street. Policy 1h 1.2.1: [revised, relocated text, from page 12 to page 41 The Immokalee Master Plan and Visioning Committee, in coordination with the Community Redevelopment Agency Advisory Committee, shall work with a consultant to develop a plan that focuses on the development and/or redevelopment of commercial structures and businesses along Main Street. Beginning in 1997, the Building h"Hmakalee addFessea : ,..,,.aa. e Parking b, -ng setbae1s ` signage neentives Policy I4-: 1.2.2: [revised, relocated text, from page 12 to page 4] Collier County staff, in cooperation with various Immokalee community groups, may seek partnership opportunities with the local Community Redevelopment Agency Advisory Committee, Front Porch, Weed and Seed and other aAlternative funding sources will be investig4ed by 1999 in efdef to promote and/or expedite the development or redevelopment of commercial businesses and structures within the Main Street Program area. Stream Ob jeetive I-L OBJECTIVE 1.3: [revised, relocated text, from page 13 to page 4] Encourage innovative approaches in urban and project design .. that enhance both the environment and the visual appeal of Immokalee. Words underlined are added: words ugh are deleted. 4 RYRRff*!! Y*« Y* #tt * #ff * *! * * * *R * *R!* * *! ** * * * * ** **Indicates break in textfttff* ff* fRl ffrfYfY lf!! ** * *!! * * * * * * * *t*f *YY #Yf * #rt Packet Page -906- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1 -30 -07 Policy I. 1.3.1: [revised, relocated text, from page 13 to page 4] Collier County staff will continue to work with the Immokalee community By-&eptembff S,.....;,. Divisie shall s° °L to identify alternative funding sources to aod- implement a programming for, streetscape, linked open -space and pedestrian and bicycle amenities that are compatible with an overall redevelopment strategy. the 1 ,..,ekalee ,►,rai St pr-egr-afn and Redevelepment Plan. Poliey . [deleted text, page 131 te the hmmekalee Master- Plan E)r- Land Develepment Code te pr-evide for- the pr-epesed Objeetive H-. OBJECTIVE 1A [revised, relocated text, from page 14 to page 5] Provide land use designations, criteria and zoning whieh that recognizes the needs of that ' pedestrians. in natuFe. Policy W. 1.4.1: [revised, relocated text, from page 14 to page 51 Comprehensive Planning staff will continue to coordinate with the Transportation Division regarding its existing and future plans for sidewalks, pathways and other forms of alternative transportation for the Immokalee community. ifFdiiekalee Together Projeet and the Main Street Pr-E�eet. These twe pr-E�eetS shOUld be fedevelopmeeiiF Policy 1.4.2: [new text, page 5] Collier County staff, in cooperation with the local Immokalee Community Redevelopment Agency Advisory Committee, shall consult with the Collier County Pathways Advisory Committee regarding enhancing and improving the existing Pathway and sidewalk facilities. Policy 1.4.3: [new text, page 5] Collier Count shall encourage pedestrian - friendly design for future projects located within the Immokalee Urban Area. Objeetive r OBJECTIVE 1.5: [revised, relocated text, from page 15 to page 5] The Collier County Board of County Commissioners Arecognizgsiffg the ineFeasing need for farm labor, to support the County's agricultural industry and to encourages the provision of decent, safe; healthful, and affordable housing units for farm workers in Immokalee_; The sites fef ",,., ng provision for farm labor housing �-s as identified in Section 5.05.03 of the Collier County Land Development Code, whieh complies with &Section IOD -25 of the Florida's Words underlined are added; words stFuslchreugk+ are deleted. 5 ♦++ r++ rw++ rr+ rrrrrwrrwwwwrw + + +rwr :wwwwrrwrrww+ +Indicates break in text++ wrawr+ wwrwrrrrrrr wr + +wwr ++ +++ +ww +wrrwwwwxwr + +w +r Packet Page -907- 12/11/2012 Item 10.T. Immolelee Area Master Plan As Adopted by BCC 1.30 -07 Administrative Code F( A•C.). and the Heusing Code ef Gellier- County shall be designated se as to keep paee �vith the population-. Policy 1-1-. 1.5.1: [revised, relocated text, from page 15 to page 5] New develop eint. -€ar- housing for seasonal, temporary or migrant workers shall be permitted in any land use designation provided that such housing is they fe permitted under Section IOD -25, F.A.C., and does not conflict with the existing zoning districts or the Immokalee Area Future Land Use Meap. Policy H. 1.5.2: [revised, relocated text, from page 15 to page 5] "Transient Housing' or "Migrant Labor Camps ", as defined by Section 10D -25, of F.A.C., may eala also be developed in areas designated for commercial land uses on the Immokalee Aarea Future Land Use Map. if they Such housing must eenferm to meet the requirements aelifle ` °a iff of the G4 General Commercial Zoning District (C-4) of the Collier County Land Development Code, as amended. , Goal III: [revised, relocated text, from page 16 to page 6] 14OUSI NG GOAL M 2: CREATE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED AND RETIRED RESIDENTS, AND THEIR IMMEDIATE RESIDEN T FAMILIES, WILL HAVE A REASONABLE OPPORTUNITY TO PROCURE SAFE, 14EALT14FUL SANITARY, AND AFFORDABLE HOUSING CONSISTENT WITH THE DESIRED DEVELOPNIEN CHARACTER OF THE AREA AS IDENTIFIED IN THE IMMOKALEE AREA MASTER PLAN. Objective ITS 2_1: [revised, relocated text, from page 16 to page 61 Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods. Policy 111.1.12.1.1: [revised, relocated text, from page 16 to page 6] Expansion of urban facilities and services shed shall enhance and of maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas sheep shall receive priority in the Capital Improvement Element. Policy 111.1.2 2.1.2: [revised, relocated text, from page 16 to page 6] Collier County shall Aassist in upgrading existing neighborhoods through active code enforcement, remaviag blighting influenees, and een£eetr -ating providing capital improvements; in such neighborhoods. Words underlined are added; words stxUGk thMugh are deleted. 6 rr: rrrrrrrrrrrrrrrrrrrarrrrrrrrrrr :r`w "rxx "`rindlcates break in text"""""""" rrrrrrr " "rrrr " :' : :"rrrrrrrrrrxr Packet Page -908- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1 -30 -07 Policy 2.1.3: [new text, page 6] Collier County shall Fsensure that government services and facilities needed to support housing are provided concurrent with development and meet the demands of the Immokalee Community. Objective �3 2_2: [revised, relocated text, from page 17 to page 7] Collier County will has collected and will use the data resulting from the Immokalee Housing Initiative Program Survey respond to the heusing needS idefiti to identify the current housing stock in order to address the affordable - workforce housing needs of the area. Policy 2.2.1: [new text, page 7] The County Operations Support and Housing Department will analyze the data collected from the Immokalee Housing Initiative Program Survey and establish a process for revitalizing Immokalee's neighborhoods. Policy 111.2.12.2.2: [revised, relocated text, from page 17 to page 71 The County shall continue to per-sue research into initiatives such as land banking of foreclosed upon land rFvrcclvesed due to County held liens, land grants from County and other public holdings, and as -�-es tax incentives for private owners who commit to developin�mefft €er affordable - workforce housing , and athef: a elass families. Objective TTJ 2_3: [revised, relocated text, from page 18 to page 71 By jaouar-y005, 4998 tThe County will have in plaee a pilot pla continue to explore and provide innovative programs and regulatory reforms to that reduce the costs of development and maintenance of safe; and healthfiil sanitary affordable- workforce housing for low , Immokalee residents. Pelie :4; [deleted text, page 18] By Deeember- 1997, the Community Development and Envir-aamenW Sefwiees Divi will develop two pr-e approved housing plafts and their- speeifieations for- use by low Policy 111.3.2 2.3.1: [revised, relocated text, from page 18 to page 71 On November 18. 2003. the Board of Countv Commissioners approved $1.85 million in economic and housing incentives. These incentives shall continue to provide for fee payment assistance, property tax stimulus, impact fee deferrals, and economic development. , households. Words underlined are added; words stfaek !hFough are deleted. 7 *: f1: ff*}}* f* f} f*} f}} fiY} *f }fYfff * * }fYfY :f } }f}}IndicateS break in textfffffffYfff RRffff *fYffYRf * }YffYffffffff RfR *ffYfYYf Packet Page -909- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1 -30 -07 Policy 111.3.3 2.3.2: [revised, relocated text, from page 18 to page 7] The Countv Operations Sunnort and Housing Department Heusine and 'rrb Division will continue to promote public /private partnerships that address the availability of affordable- workforce housing by to improvi_ge existing_ processes and implementing new processes apFeeess of to networking the resources among die private developers .efid contractors, County officials, and d ese Immokalee residents in *"° flAM& � seeking affordable housing. Policy 111.3.4 2.3.3: [revised, relocated text, from page 18 to page 7] The Code Enforcement Department will prioritize the enforcement of codes related to substandard housing that constitutes are a serious threat to the public's health, safety and welfare. ate when Fteeded will epee Ppolicies on demolition of such structures will be enforced and the Code Enforcement Board will be used to levy appropriate fines. Policy iii 2.3.4: [revised, relocated text, from page 18 to page 7] The Community Development and Environmental Services Division will research and develop strategies to replace and/or provide affordable - workforce housing through non- profit providers throughout the Immokalee Community Redevelopment Area. in and ar-ound the South hffimekalee afea that is eempatible with the Redevelopfneat Plan. Objective 111:4 2_4: [revised, relocated text, from page 19 to page 8] There shall be an annual effort to coordinate with federal, state, local; and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the GeRipfehens Growth Management Plan and to assure consistency with federal, state; and local regulations concerning migrant IaW labor camps. Policy 111.4.12.4.1: [revised, relocated text, from page 19 to page 8] The County perations Support and Housing Department reunty's Heu ^a and Urban Divisie} will meet with representatives of the Rural Economic Development Administration to improve the County's ability to attract mere government grants and loans to develop affordable- workforce housing Policy 111.4.2 2.4.2: [revised, relocated text, from page 19 to page 8] By September 4995 2007, the Community Development and Environmental Services Division will review the State of Florida's Environmental Health and Housing Code requirements for those units licensed as migrant labor camps. If warranted based upon Words underlined are added; words stFUGk 111FOugh are deleted. g * " " " * * * *' "' * * *** * * * * * * ** *Indicates break in text *YfiYYYYYfifiYfifiYYYY4YRYYY*1 ***it*RfRY*filffiY<RYR #ffYY Packet Page -910- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1.30 -07 that review, the Division will initiate appropriate and -make modifications as detefm n °a appropriate to the Collier County Housing Code based on the r- evie•• Policy 111.4.3 2.4.3: [revised, relocated text, from page 19 to page 8] The County Manager, or his designee,, in cooperation with the Florida Department of Health, shall be responsible for an annual report to the Board of County Commissioners on identified "living quarters for fie four or more seasonal, temporary or migrant farm workers" as defined in Chapter lOD -25, F.A.C. and- prepafed by 14RS. The report shall include recommendations on improvements heeded to ensure County code and F.A.C. compliance and suggested amendments to County eed whiei. are r-estr-iefi codes that may restrict needed rehabilitation and new developments. Policy 111.4.4 2.4.4: [revised, relocated text, from page 19 to page 8] Continue to eeepefate collaborate with all private groups seeking to furnish shelters for the homeless, and/or abused women and children in Immokalee. Goal IV: [revised, relocated text, from page 20 to page 91 CONSERVATION GOAL W 3: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION; AND MANAGEMENT OF ITS NATURAL RESOURCES AS DICTATED REQUIRED IN THE GROWTH MANAGEMENT PLAN. Objective IV-4 3_1: [revised, relocated text, from page 20 to page 91 The County shall continue to protect and preserve natural resources within, and te; the Immokalee Urban Designated Area and on adjacent lands within the Rural Lands Stewardship Area Overlay' . Policy 1A1.1.1 3.1.1: [revised, relocated text, from page 20 to page 9] The Immokalee Area Master Plan shall be updated as appropriate to reflect the recommendations resulting from the programmatic commitments of the Conservation and Coastal Management Element of the Growth Management Plan. Policy 3.1.2: [new text, page 9] Collier County shall ensure that government services and facilities related to the conservation and management of natural resources are made available to the Immokalee Community. Goal V: [revised, relocated text, from page 21] GOAL V 4: IN A COST EFFICIENT MANNER, PROVIDE AMPLE= HIGH QUALITY AND DIVERSE RECREATIONAL OPPORTUNITIES Words underlined are added; words stFWsk-thF9ugh are deleted. 9 t+ Rlt+ t+ R++t++R+ t+ tl4RlftRR +lRlR + ♦ +Rt+... -- Indicates break in text+ YRr+ t++++ Ytttttltt +ltR ++ ++ ++ +• + + +R + + + + + + +Rtl +x +tR Packet Page -911- Immokalse Area Master Plan As Adopted by BCC 12/11/2012 Item 10.T. 1 -30 -07 FOR THE IMMOKALEE COMMUNITY TY-RCALLY PROW BY THE PUBLIC i"'�N A — zO14MUNITY THE SIZE OF 1AIA40KALEE, FOR ALL !MMOKALEE CITIZENS 1N A COST EFFICIENT MANNER-. Objective V4. 4_1: [revised, relocated text, from page 211 Collier County shall implement a parks and recreation program for Immokalee that is equivalent to Collier County standards, taking into consideration plans that reflect citizens' recreational preferences and offer recreational opportunities is for all age groups. Policy 11.1.14.1.1: [revised, relocated text, from page 21] publish fef publie eew, ment, and adept a 5 yeaf plan and budget for- pafks and r-eer-eation that would fneet the needs and ehafaeter-isties of the total pepulatien (seasonal and In accordance with Objective 3.1, and subsequent policies, of the Recreation and Open Space Element, the County Parks and Recreation Department shall, by 2010, develop a Community and Regional Park Plan. The plan and budget will be based upon such things as a survey of the preferences and priorities of Immokalee's seasonal and permanent population. The survey should include: a. Questions concerning community -wide and neighborhood park recreation issues. b. Differentiates by neighborhood the estimates of the population's priorities among alternative combinations of types of parks and recreation sites, facilities, equipment, and services. Be conducted during peak permanent and seasonal population periods. Policy A1.1.3 4.1.2: [revised, relocated text, from page 21] The County Public Services Division may locate Pfuture parks will be eneeur-aged to lie within the designated Neighborhood Centers.. and within other areas that serve the needs of the community. but ;A41 ;At bea to these ^r This may be accomplished through funding methods; including., but not limited to, the County's purchase of land, private sector land donations- or through an interlocal agreement between Collier County and the Collier County School Board. Policy 4.1.3: [new text, page 10] Collier County shall ensure that government services and facilities related to parks and recreation are provided concurrent with the impacts of development. Words underlined are added; words si mak thFOugh are deleted. 10 ##+##+# ww+ w+ R+r # #rrwrrr # +rrrrw +rrr♦ +rrrrr +# # #r *Indicates break in textrr## r## rr# rr## R#+ rr #rrrr #rR # # ## # #RR•R # # ++ #+ # #++# ## Packet Page -912- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1 -30 -07 Goal VI: [revised, relocated text, from page 221 GOAL 5: FUTURE GROWTH AND DEVELOPMENT SHALL BE SUPPORTED BY A NETWORK OF ROADS, SIDEWALKS, AND BIKEPATHS THAT ARE EFFICIENT AND SAFE, AND ENHANCE AND PRESERVE IMMOKALEE'S SMALL TOWN CHARACTER Objective � 5_1: [renumbered, relocated text, from page 221 The County shall provide for the safe and convenient movement of pedestrians, motorized and non - motorized vehicles. PoKe l-: [deleted text, page 22] f9f the imfookalee Ufbm Designated Area by September- 1999. On leted and aeeepted by the BeaFd of County Commissionefs, the hiffnekalee _Mlasteaqr- Plan shall be amended te ineafpefate the tfanspertatieft study. The study will f;evie'A, eXiStifig f6ad%lffy f iHg • ffl.� b. Give high,,,.t pr-ieiit', to eampletien of the r..t...,.. T.-ler.ti f all ght e a �h. ..h f fights of ateet: and • «:b .,uJ Yivscz.cTVZi i��uY; uiias oft Policy 411.1.2 5.1.1: [revised, relocated text, from page 22] The Traffic Circulation Map in the Transportation Element will graphically depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immokalee Area Master Plan's Future Land Use Map and will be updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. Words underlined are added; words stmek t#fsegh are deleted. 1 1 ••••••••,,•,,,•••,,••••,� •••,,•••••••••••••,•••Indicates break in ter'rrrrrrrrrrr: err.. rrrrrrrr :rrrrrrr :.. :. +rrrrrrrrr Packet Page -913- HE • I V811JAAWAM INVAW Y GOAL 5: FUTURE GROWTH AND DEVELOPMENT SHALL BE SUPPORTED BY A NETWORK OF ROADS, SIDEWALKS, AND BIKEPATHS THAT ARE EFFICIENT AND SAFE, AND ENHANCE AND PRESERVE IMMOKALEE'S SMALL TOWN CHARACTER Objective � 5_1: [renumbered, relocated text, from page 221 The County shall provide for the safe and convenient movement of pedestrians, motorized and non - motorized vehicles. PoKe l-: [deleted text, page 22] f9f the imfookalee Ufbm Designated Area by September- 1999. On leted and aeeepted by the BeaFd of County Commissionefs, the hiffnekalee _Mlasteaqr- Plan shall be amended te ineafpefate the tfanspertatieft study. The study will f;evie'A, eXiStifig f6ad%lffy f iHg • ffl.� b. Give high,,,.t pr-ieiit', to eampletien of the r..t...,.. T.-ler.ti f all ght e a �h. ..h f fights of ateet: and • «:b .,uJ Yivscz.cTVZi i��uY; uiias oft Policy 411.1.2 5.1.1: [revised, relocated text, from page 22] The Traffic Circulation Map in the Transportation Element will graphically depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immokalee Area Master Plan's Future Land Use Map and will be updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. Words underlined are added; words stmek t#fsegh are deleted. 1 1 ••••••••,,•,,,•••,,••••,� •••,,•••••••••••••,•••Indicates break in ter'rrrrrrrrrrr: err.. rrrrrrrr :rrrrrrr :.. :. +rrrrrrrrr Packet Page -913- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1.30 -07 Policy N4.1.3 5.1.2: [revised, relocated text, from page 221 The Collier County 5-Year Bieyele Ways Pathways Plan prepared by the Metropolitan Planning Organization with the assistance of the Pathway Advisory Committee, shall give priority to linking existing and future residential neighborhoods to each other, designated neighborhood centers, commercial, employment and public service areas. This plan will reflect the unique needs of the Immokalee community and also take into consideration the need for pedestrian walkways in Immokalee. Policy 44.1:4 5.1.3: [revised, relocated text, from page 22] Existing and future bites bikepaths for the Immokalee community shall be graphically depicted en the Tr-affie Cir-eulatien Map of the himmekalee Master- Plan, and within the Collier County 5 Year Bieyele Ala Pathways Plan. Policy 5.1.4: [new text, page 22] The Countv Transportation and the Communitv Development and Environmental Services Divisions shall ensure that sidewalks and bikepaths constructed by or for the Countv are provided concurrent with the impacts of development and meet the demands of the Immokalee Community. [NOTE: There is no Goal VII; the original Master Plan adopted in 1991 contained this numbering error] Goal VIII: [revised, relocated text, from page 23 to page 121 GOAL VM 6: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY AS DETAILED IN THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN Objective :41111.1 6_1: [revised, relocated text, from page 23 to page 12] The County shall promote economic development opportunities throughout the Immokalee Urban Area. PFepa e-a plan for eeen-emie- development for- the hnmek;ile� Af:ea. Policy 1111I:1.1. 6.1.1: [revised, relocated text, from page 23] The County. in cooperation with the Immokalee Chamber of Commerce. the Collier County Airport Authority, and the Economic Development Council, shall continue to promote economic opportunities at the Immokalee Regional Airport and the surrounding commercial and industrial areas. By 1997, the Community Development and Envir-efimewa4 Sef-,,iees Divisien shall pr-epafe ide eeenemie plan that Will the lee&! eeeneffly- Words underlined are added; words stfask thFough are deleted. 12 : .............: «. «.. :.«..... :....... :....... +. +Indicates break in text"""«'«..««« e«:«• « «w « «« « «.. « «. « « «• «e :.► « « « « «« « «« Packet Page -914- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1.30 -07 IPoliey V111.4-.2-. [deleted text, page 231 The GefafRunity Development and Efivir-enmental SeFlViees Division and the AiFP84 eemmer-cial and industrial areas as set feFth in the immekalee Air-peFt Master- Plan. Pell y :%7TTi 1.z. [deleted text, page 23] designation. Policy "1.4 6.1.2: [renumbered, relocated text, from page 231 The Community Development and Environmental Services Division will coordinate with the Collier County Sheriff's Department on investigating and pursuing any funding opportunities available under the Safe Neighborhood Act to assist with enhancing the Immokalee community. Crime Prevention Through Environmental Design (CPTED) principles shall be encouraged in all development standards. Policy V111.1.5 6.1.3: [revised, relocated text, from page 23] Collier Countv staff in cooperation with the Economic Development Council and other Immokalee community agencies shall Ccoordinate with the Collier County School Board to ensure that the employment skills and training needed are available for the types of industries located in the Immokalee Community. Policy 6.1.4: [new text, page 231 Ensure that economic policies, programs and incentives pursued by Collier County within the Immokalee Urban Area are managed so as to provide a benefit to the community. LAND USE DESIGNATION DESCRIPTION SECTION [relocated, no text changes, from page 4] A. Urban - Mixed Use District [new text] The purpose of this District is to provide for residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments. Certain recreation/tourist and commercial uses are also allowed subject to criteria. Residential Designation- (deleted text, from page 41 This designation is intended te aeeefnmadate a var-iety ef residential land uses b sin,gle duplex, multi family, s seas iW, tempefafy and b b. 1. Low Residential SubDdistrict [revised title and text, relocated text, from aaee 41 The purpose of this designation is to provide a Subdistrict for a low density residential distfiet development. Words underlined are added; words stMek thRugh are deleted. 13 ........................... «,,.,.....,.,,.. — Indicates break in text.,,«,.,,,,.,....,. .,...,.,..,........, «....,...., Packet Page -915- Immokalee Area Master Plan As Adopted by BCC 12/11/2012 Item 10.T. 1 -3Q -07 2. Mixed Residential SubDdistrict [revised title, relocated text, from a e4 3. High Residential SubDdistrict [revised title and text, relocated text, from Page 41 The purpose of this designation is to provide €ef a Subdistrict of for high density residential development. 4. Neighborhood Center SubDdistrict [revised title, relocated text, from Page 61 5. Commerce Center Mixed Use SubDdistrict [revised title, relocated text, from Page 71 6. Planned Unit Commercial SubDdistrict [revised title, relocated text, from Page 81 7. Recreational Tourist SubDdistrict [revised title, relocated text, from Page 81 The purpose of this SubdDistrict is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract both tourists and residents while preserving the environmental features of the area. Uses per -tested allowed within this Subdistrict include: passive parks,.- nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities tincluding: hotel/motel, rental cabins, bed & and breakfast establishments, and campsites,.- restaurants; recreational vehicles parks; sporting and recreational camps; low- intensity retail uses; single family homes; agriculture; and these essential services as defined in the Land Development Code. Residential development is permitted at a density of four (4) ding residential units per gross acre, or less. Transient lodging is permitted at a maximum density of ems) ten 10 units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD within this SubdDistrict shall be two (2) contiguous acres. Nonresidential Uses [relocated text, from page 4] Density Rating System [new text] The Densitv Rating Svstem is onlv applicable to areas desisnated Urban, Mixed Use District, as identified on the Immokalee Future Land Use Map. The Density Rating System is applicable to the Low Residential Subdistrict to the extent that the residential density cap of 4 dwelling upper acre is not exceeded, except for the density bonus provisions for affordable- workforce housing. Except as provided below, the final Words underlined are added; words 64FUGk thFeugh are deleted. 14 YVYYYlY4YY4YYV4YV4 V44Y4V4YV44Y4Y444Y :44Y " "t "Indicates break in Packet Page -916- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1.30.07 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) Density achieved by right shall not be combined with density achieved through the rezone public hearing_ process. 1. The Density Rating System is applied in the following manner: [new text] a. Within the applicable Urban designated areas, abase density of 4 residential dwelling units per gross acre is allowed, though not an entitlement. The base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the he eligible number of dwelling units for the project, 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 used for the calculation of density is exclusive of commercial portions of the project, except mixed residential and commercial uses as provided for in the C -1 through C -3 zoning district 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. b. This Density Rating System only ppllies to residential dwelling units. This Density Rating_ System is not applicable to accessory dwelling or accessory structures that are not intended and/or not designed for permanent occupancy, and is not applicable to accessory dwelling or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, guest suites, and the like. c. All new residential zoning located within the Mixed Use District shall be consistent with the Density Rating System, except as provided in Policy 5.1 of the Future Land Use Element. d. Within the applicable areas of the Mixed Use District, all properties zoned A, Rural Agricultural, and/or E, Estates, and /or RSF -1, 2, 3, Residential Single Family, for which an affordable workforce housing_ project is proposed and approved, in accordance with Section 2.06.00 of the Land Development Code (Ordinance 04 -41, as amended, adopted June 22, 2004 and effective October 18, 2004) shall be permitted the base density of four (4) dwelling units per gross acre by right; that is, a rezone public hearing shall not be required. Such a project must comprise a minimum of ten acres. Density achieved by right shall not be combined with density achieved through the rezone public hearing process. [relocated text, from page 41 2.-1-. Density Bonuses [relocated text, from page 4] a. Proximity to Neighborhood Center and Commerce [No change to text, page 41 b. Affordable- workforce Housing Bonus, By Public Hearing [revised, relocated text, from page 51 Words underlined are added; words stFUGk 1114Feag# are deleted. 15 *'!*'*****• * } }' * } * * * }' * *' * * *' } " « " " }Y!}.! *` *`Indicates break in Packet Page -917- immokalee Area Master Plan As Adopted by BCC 12/11/2012 Item 10.T 1-30-07 To encourage the lzprovision of Aaffordable- workforce 44housing within certain Subdistricts in the Urban Designated Area, weuld add a maximum of up to eight (8) dwelling residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable - workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04.41, as amended, adopted June 22, 2004 and effective October 19, 2004). be the n density of the subdistr-ietj ; hewevef-, me deasity may exeeed sixteen (16) units pef aer-e. This bonus may be applied to an entire project or portions of a project provided that the project is located within the Neighborhood Center (NC) Subdistrict, Commerce Center -Mixed Use (CC -MU) Subdistrict and all or any residential subdistrict*. C. Affordable-workforce Housine Bonus, By Right [new text] To encourage the provision of affordable - workforce housing within that portion of the Urban Mixed Use District, properties zoned A, Rural Agricultural, and /or E Estates, and/or RSF -1, 2, 3, 4, 5, 6, Residential Single Family and /or RMF -6, Residential Multi - Family, for which an affordable- workforce housing_ project is proposed in accordance with the definitions and requirements of the Affordable - workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04 -41, as amended, adopted June 22, 2004 and effective October 18, 2004), a maximum of four (4) residential units per gross acre shall be added to the base density of 4 dwelling units per acre. Therefore, the maximum density that may be achieved by right shall not exceed eight _ (8) dwelling units per acre. Such a project must comprise a minimum of ten acres. Density achieved by right shall not be combined_ with density achieved through the rezone public hearing process. d. F Residential Infill e. d-. Roadway Access [re- lettered text, page 5] [re- lettered text, page 5] 3. Maximum Density The maximum permitted densitv shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Chapter 2.03.07 of the Land Development Code, adopted by Ord. No. 91 -102, as amended. 2: 4. Density and Intensity Blending B. Urban — Commercial District [relocated text, from page 5.11 [revised, relocated text, from page 5.11 The purpose of this desigiiatieft District is intetided to accommodate a variety of commercial land uses, including neighborhood oriented commercial uses, commerce Words underlined are added; words stF6lsk thFOug i are deleted. 16 xx++ twYf ft+ fwf xfxxfxff++ trtw ►xxt`wx+ws.wwwxtxww "wlndicates break in textf♦ tfttiftfffffYYxfYYwYYY :fYtYftif YYYYfYYYtRfffxtff Packet Page -918- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1.30 -07 center uses, general highway commercial uses and commercial development within Planned Unit Developments P( UDs). Migrant Llabor Ccamps are also permitted within the this Commemial designations. 1. Commercial SubDdistrict - S.R. 29 and Jefferson Ave. [revised, relocated text, from page 5.1] The purpose of this designates 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 as establish contained in Section 2-.P 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial SubdDistrict along SR -291 as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria as established contained in Section 2.2.28 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial SubdDistrict along Jefferson Avenue as identified on Zoning Map 6933S. 2. Neighbor-hood Center- Dist..... [relocated text, from page 6 to page 14] 3 Ge,mmreree Censer Alixe Use nest..:,.+ [relocated text, from page 7 to page 15] 4. Planned Unit Development Distpiet [relocated text, from page 8 to page 161 Non - commercial Uses [relocated text, from page 8] S. R......e te,,nal/ Tourist Dist,.:,.t [revised, relocated text, from page 8 to page 16] Words underlined are added; words stfask thFa+fgh are deleted. 17 •.......+... ..x..w ............. : :..... : :... :...Indicates break in tee........... e. r..... ............ +...w.............. Packet Page -919- _r_�essr�a ft7 . .... ..... . .......... W . ..... . ......... Words underlined are added; words stfask thFa+fgh are deleted. 17 •.......+... ..x..w ............. : :..... : :... :...Indicates break in tee........... e. r..... ............ +...w.............. Packet Page -919- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC industFial Designation [revised, relocated text, from page 9] 11.11 HEMP. C. Urban — Industrial District 1. Industrial SubdDistrict [revised, relocated text, from page 9] 1 -30 -07 The purpose of this designation Subdistrict is to provide for industrial type uses, including_ airports; these uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services;; limited commercial uses, such as child care centers, and restaurants and other basic dial commercial; uses., but net ineluding except retail uses, as described in the Land Development Code for the Industrial and Business Park Zoning Districts; and, vehicle racing, subject to conditional use approval. Accessory uses and structures customarily associated with the uses pet"tted allowed in this Subdistrict, includei*g, but are not limited to, offices; and retail sales-; campgrounds accessory to vehicle racing; and, camp rods accessory to special events at the airport, such as air shows and st fu ,*,,..es ,.,h ie pr-ineipal uses and stfuettifes a-e -arse per-tnitted. 2. Commerce Center — Industrial Subd,District [revised, relocated text, from page 9] The purpose of this designatieft Subdistrict is to create a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural areas. The Commerce Center - Industrial SubDdistrict shall function as an major employment center for industrial and commercial uses as described in the Land Development Code for the Commercial (C -1 through C -5), Industrial and Business Park Zoning Districts. This SubDdistrict includes the Immokalee Farmers Market and related facilities. The SubDdistrict also permits 14higher intensity jai uses, including packing houses, industrial fabrication operations and warehouses shall be peffnitted within this Distriet. Accessory uses and structures customarily associated with the uses peiitted allowed in this Subdistrict, includeing, but not limited to, offices; and retail sales, Words underlined are added; words 654FWGk t#ueugh are deleted. 18 {# R}# RRR RR# R} Rt * { # ** #!i }t *RtR {iRRR4t *YRtYRR # #R {Indicates break in text*+} k* RR{ RR### tt} iRRRt ltittlY *! }RRRlt { }RR {R!#! # # # #R Packet Page -920- 12/11/2012 Item 10.T. Immokalee Area Master Plan As Adopted by BCC 1 -30.07 are also per-mitted allowed. 3. Business Park SubdPistrict Non - Industrial Uses [revised title, relocated text, from page 9] [revised, relocated text, from page 101 Essential services as defined in the Land Development Code are allowed within the Industrial Designation. in additieft te these industr4al uses peFmitted within the lade Designation, uses sueh as these essential serwiees as defined in the Land Develepment Cede -are -per-Faitted: Overlays and Special Features [revised, relocated text, from page 101 1. Urban Infill and Redevelopment Area The Urban Infill and Redevelopment Area is consistent with criteria outlined in Section 163.2514(2) (a) -(e), Florida Statutes. The intent of this delineation is to comprehensively address the urban problems within the area consistent with the goals of this plan. This designation is informational and has no regulatory effect MAP CHANGES: 1. Immokalee Area Future Land Use Map: a) Reformat map and legend consistent with the countywide FLUM as follows: (1) Remove/delete map labels, except for major roadways; (2) Remove/delete densities and Districts' abbreviations from map legend; (3) Remove /delete Districts and replace with Subdistricts; (4) Categorize Subdistricts into three groups - Mixed Use, Commercial, or Industrial; and, (5) Add a new heading "Overlays and Special Features" on the map legend. b) As required by Policy 6.2.4 (4) of the CCME, add a map legend notation "wetlands connected to Lake Trafford/Camp Keais Strand system" and corresponding identification of the wetland area on the map. EAR -TAMP Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final mm- dw/1 -30 -07 Words underlined are added; words stwgk thFeugh are deleted. 19 R} fRR} RRVRYRYRRRRRRRRVRYRRRV }Y /YYYYRYRYRVYYYRY4lndicateS break in teXY *RYRRRRRRRRRYV RV RVRYRRVRRRRRIRR } }RRV RRYYRRRR<YRRR Packet Page -921- M > > f a a > > a s CL a W tn D a W a � J ti W LL W W J a O W r>~ C , a > , a > s , , s o � i � a I _ ■ E K 12/11/2012 Item 10.T. pry i� t x is � tt i{ C 6 l l F lk l v�l e1 > , > 3 , f , , , T ♦ f ) 1 • , - a a , a a s 9v 1 Packet Page -922- s [v t O z u c �1 3 i m o.� f v ki , f C�> > > > f t R C 12/11/2012 Item 10.T. 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 2007 -20 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejohn, Deputy Clerk Packet Page -923-