Ordinance 2018-62 ORDINANCE NO. 18- 62
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, ADOPTING AN AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN
RELATING TO AFFORDABLE HOUSING, SPECIFICALLY
AMENDING THE IMMOKALEE AREA MASTER PLAN
ELEMENT TO UPDATE TERMINOLOGY AND TO REVISE THE
DENSITY RATING SYSTEM TO INCREASE THE MAXIMUM
AFFORDABLE HOUSING BONUS FROM 8 TO 12 UNITS;
DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT
TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20180001205]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared an amendment to the Immokalee Area Master Plan
Element of the Growth Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on July 20, 2018, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
[18-CMP-01010/1443898/1] 147 Page 1
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11/5/18
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on October 18, 2018, and the Collier
County Board of County Commissioners held on December 11, 2018; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE IMMOKALEE AREA
MASTER PLAN ELEMENT OF THE GROWTH MANAGEMENT
PLAN
The amendment to the Immokalee Area Master Plan Element of the Growth Management
Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in
accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
[18-CMP-01010/1443898/1] 147 Page 2
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C�,r
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 11411 day of f C ,-r L , 2018.
ATTEST: BOARD • ' OUNTY CO ►4 SSIONERS
CRYST*L K KINZEL, CLERK COLLI, ' C• . TY, F : '
, k, :
Lox
BY: �'
�� ��1r1p
`as t� �y Cl9ailSrk ANDY SOLIS, Chairman
.. atur
eanly, 1
Approved as to form and legality:
dlik A 00 G
Heidi Ashton-Cicko \.'t-'
Managing Assistant County Attorney
Attachment: Exhibit A—Immokalee Area Master Plan Element
This ordinance filed with the
Secretory of tote's Office the
oy of
and acknowledgement of that
filing received this !S doy
of 1 ° . Q4L-0-4`6
it)C"
Deouty Clerk
[18-CMP-01010/1443898/11 147 Page 3
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11/5/18
PL20180001205 CPSP-2018-4
Exhibit A
IMMOKALEE AREA MASTER PLAN
(Adopted October 1997, amended through March 10, 2015 by Ordinance no. 2015-22)
GOALS, OBJECTIVES AND POLICIES
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GOAL 2:
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OBJECTIVE 2.2:
[pg. 4]
Collier County has collected and will use the data resulting from the Immokalee Housing Initiative
Program Survey to identify the current housing stock in order to address the affordable--warkforce
housing needs of the area.
*** *** *** *** *** *** *** *** *** *** ***
Policy 2.2.2:
[pg. 5]
The County shall continue to research initiatives such as land banking of foreclosed upon land
due to County held liens, land grants from County and other public holdings, and tax incentives
for private owners who commit to developing affordable-warkfer-Ge housing.
OBJECTIVE 2.3:
The County will continue to explore and provide innovative programs and regulatory reforms that
reduce the costs of development and maintenance of safe and sanitary affordable-workforce
housing for Immokalee residents.
*** *** *** *** *** *** *** *** *** *** ***
Policy 2.3.2:
[p9. 5]
The County Operations Support and Housing Department will continue to promote public/private
partnerships that address the availability of affordable-wor-kfarGe housing by improving existing
processes and implementing new processes of networking resources among private developers,
contractors, County officials, and Immokalee residents seeking housing.
*** *** *** *** *** *** *** *** *** *** ***
Policy 2.3.4:
[pg. 5]
The Community Development and Environmental Services Division will research and develop
strategies to replace and/or provide affordable-war-44FGe housing through non-profit providers
throughout the Immokalee Community Redevelopment Area.
*** *** *** *** *** *** *** *** *** *** ***
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PL20180001205 CPSP-2018-4
Policy 2.4.1:
[pg. 5]
The County Operations Support and Housing Department will meet with representatives of the
Rural Economic Development Administration to improve the County's ability to attract government
grants and loans to develop affordable workforce housing.
*** *** *** *** *** *** *** *** *** *** ***
LAND USE DESIGNATION DESCRIPTION SECTION
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A. Urban — Mixed Use District
[pg. 9]
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Density Rating System
[pg. 12]
The Density Rating System is only applicable to areas designated 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 units per acre is not exceeded, except for the density bonus provisions for affordable-
workfsrse housing. Except as provided below, the final 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:
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[pg. 12]
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 Juno 22, 2001 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.
2. Density Bonuses
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b. Affordable-v arce Housing Bonus, By Pubic Hearing
[pg. 13]
To encourage the provision of affordable-workforce housing within certain Subdistricts
in the Urban Designated Area, a maximum of up to eight (8} twelve (12) 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
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(Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended),
- -- •• - !!, . -e -•-- e_ -e- • !!, and if the affordable housing
units are targeted for families earning no greater than 140% of the median income for
Collier County. 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 or any residential subdistrict.
c. Affordable-war-kforce Housing Bonus, By Right
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, 2001 and effective October 18, 2001), 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.
(End of Exhibit for the Immokalee Area Master Plan)
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 18, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-62, which was filed in this office on December 18,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us