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
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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
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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°
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Packet Page -874- 5
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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-
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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. No. 2010 -04, § 1)
Packet Page -877-
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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
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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
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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
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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
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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
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Packet Page -913-
HE
•
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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
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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
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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
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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
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Packet Page -919-
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ft7
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. .........
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
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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
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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-