Agenda 04/22-23/2008 Item #17H
Agenda Item No. 17H
April 22, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCe) approve and adopt
CPSS-06-01 Small Scale Growth Management Plan Amendment (GMPA) petition to the
countywide Future Land Use Map for the purpose of expanding Activity Center # 18 by an
additional 7.3 acres
OBJECTIVE:
To obtain approval of a Small Scale GMPA to the Future Land Use Map (FLUM), so as to
expand Activity Center # 18 by adding an additional 7.3 acres located on the south side of U.S.
41 approximately one-fourth mile east of Collier Boulevard (SR-95l) in Section 3, Township 51
South, and Range 26 East.
CONSIDERATIONS:
This petition is submitted as a "Small Scale" GMP A.
As such, the petition is only heard by Collier County Planning Commission (CCPC) and the
BCC once where it is either approved or denied; the petition is not transmitted to Department of
Community Affairs (DCA) for preliminary review and comment then subsequent adoption
hearings by CCPC and BCe.
Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment,
identified below, followed by staff comments in brackets [ ].
. parcel is:S 10 acres in size [subject site is 7.3 acres]
. property was not granted a land use change within prior 12 months [no land use change
has been requested or granted within this time]
. proposed amendment does not involve the same owner's property within 200' of
property granted a change within last 12 months [no such change has taken place within
200']
. no text change to the goals, objectives and policies is involved, only a site specific land
use amendment to the future land use map series [petitioner only requests a change to the
Future Land Use Map]
. site is not within an Area of Critical State Concern [the site is not in the ACSC]
~
. for residential land use, density limit of 10 units or less per acre except for small scale
amendments that are designated in the local comprehensive plan for urban infill, urban
redevelopment, downtown revitalization, transportation concurrency exception areas, or
Agenda Item No. 17H
April 22, 2008
Page2' of 8
regional activity center and urban central business district [the request is for inclusion in a
Mixed Use Activity Center; residential uses are not anticipated]
StajjFindings and Conclusions:
Based upon review of the subject petition, including the supporting data and analysis submitted
by the petitioner, staff makes the following findings and conclusions:
. The site location is appropriate and the allowable uses would be generally compatible
with the surrounding properties and existing uses.
. The submitted data and analysis, e.g., market study, suitability and compatibility analysis,
supports the subject request.
. Transportation impacts can be offset by future roadway improvements pursuant to a
recently approved Developer Contribution Agreement (DCA) - U.S. 41 Developers'
Consortium.
. There would be no adverse environmental or public utility impacts resulting from this
amendment.
. Adoption of this amendment would support a potential future rezone request for any
intensity of development consistent with the Mixed Use Activity Center Subdistrict.
FISCAL IMPACT:
There are no fiscal impacts associated with this Petition.
GROWTH MANAGEMENT IMPACT:
The Activity Center concept is designed to concentrate new and existing commercial zoning in
locations where traffic impacts can be readily accommodated, to avoid strip and disorganized
patterns of commercial development and to create focal points within the community. The
addition of this site into Activity Center # 18 would be consistent with that concept.
LEGAL CONSIDERATIONS:
The petition for this small scale Growth Management Plan amendment is made pursuant to the
tenns and authority of Florida Statutes, Section 163.3] 87 (1) (c). - MSS
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC held a hearing on the subject petition on March 20, 2008, and forwarded a unanimous
recommendation of approval and adoption to the BCe. This petition and the companion rezone
petition (PUDZ-2006-AR-1 0875) were discussed jointly. There were no public speakers at the
CCPC hearing, and no correspondence has been received concerning this amendment.
Agenda Item No. 17H
April 22, 2008
Page 33 of 8
RECOMMENDA nON:
Staffrecommends that the BCC approve and adopt Small Scale GMPA CPSS-06-0L
PREPARED BY:
Joe Thompson, Senior Planner, Comprehensive Planning Department
Agenda Item No. 17H
April 22, 2008
Page 4 of 8
ORDINANCe NO 08-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. FOR A
SMALL SCALE AMENDMENT TO THE COlL IER COUNTY
GROWTH MANAGEMENT PLAN. ORDINANCE NO 89-05, AS
AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND
USE MAP SERIES (MAP OF ACTIVITY CENTER NUMBER 18)
OF THE FUTURE LAND USE ELEMENT, TO SHOW AN
INCREASE OF 7.J1B.t ACRES. WHICH PROPERTY IS
LOCATED IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNlY. FLORIDA: PROVIQING FOR
SEVERABilITY; AND PROVIDING FOR AN FFFECTIVE DATE.
\llJH.EREAS, (he comer (",.wnty Board 01 County Commlssioners adopted the Comer
County Growth Manll\le",enl Plen (COM?) on January 10, 1989: and
V\lI-iEREAS. tt.e Coflier COunty Board of COUr'1ty Commissioners adopted the Future
Land Use Map and Ml!lp Serw,s. on Januflry 10, 1989 and the Futurs Land Use Map Series of
lht3 GMP d~iding 6i1e specific boundafles for Activity Cenlern, on May 9, 2000; and
WHE:REAS, the rnqueSIIS for an sm-andmmt to the Future Land Ue.e Elemenl Future
Land Use Map and Map Serie!;, W'hich inctudes the Activity Ceo1er Number 16 Map, involving
less than 10 acres of land: and
WHEREAS, D. Wayne Arnold of Q. Grady Minor and AssoclatEJs, representing Eric
Strickland, of KRG 95' & 41 LlC. the appticant, hes submitted a request 10 amend (;')S
bounda.rie15 of ttle Activity Center Number 18 MaP. as depicted on the Maps that i:lre par1 Of the
Future Land Use Map a1ld Map Series 01 the Collier County GMP to e~and the Activity Canter
by 7.318:t: acres; and
WHEREAS, the amendment does not invrnve a cha~ to the text of any part of the
Go.ls. Obj.c:tI,,". or PoIicio. of tho GMP; .nd
WHEREAS, pursuant to Subsection 163.3187(1)(c), Florida Statutes. this am9ndma11t is
COf1stderad a Small ScaLe Amendment; and
V\fHEREAS. all appJicGOlfJ substantiWl a~d proooolJral requi~m~nt$ r;f law have been
met
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER COUNTY FLORIDA. that
SECTION ONE:
ADOPTION OF SMALL SCALE AMENDMENT TO THE FUTURE LAND
USE MAP SERIES.
This OrUinance shall be kOC1Nil as tt19 CPSS-2006-1. Small Scala Amendment to the
Future Land Us.e Map and !..tap Series or the CoHier County Growth Management Plan. The
boundaries of Activity Center NJITlber 16, as depicted on 'he Future Land US'3 Map and Map
,l\oenda Item No. i7H
- Ap~22.2008
Page 5 of 8
Senes of 1hG FulLnlland Use Element, are. hereby amended ellS d<eptcted 1;)" Exllibil A. attached
hereto and incorporated by reference herein.
SEC.JION 1YI'.Jl
SEVERABILITY
If any phrase or portion of this Ortlinance is held in'lJilfld or unconstitutional by any court
of competent jurisddion, such portion shall be deemed a separate, distinct end Independent
provJ,ion and such holdjnlil shaH not Btfect the validity of the r&l'l18ining pc.rnon
SECTION THREE. EFFECTIVE DATE
This Ordinance (Snlali Scale Amendment) shsll not become e.ftective until 31 dS!r$ after
its adoption. If d1eUelnged within 30 deys after adoptkm. this Ordlnanr;:;e shell not beCOme
effective until the Oepanmenl of CommUM)I Aftair.s; or the Administration Commission,
respectIvely, issues e final order determining the edoptM' Small Scale Al'Mndment Ii rn
comphanC8.
PASSED AND DUL,( ADOPTED by tha Board of County CommissiOrter8 of Collier
County, Ronde, this
dayot
,2OOll
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSlONERS
COLLIER COUNTY, FLORIDA
By.. _.. _
", Deputy Cl<>n<
By:
TOIJ HENNING. CHAIRMAN
Approved as to form aod kJga! sutfidency:
~>UL-' III ~J -j..J"V.~.
fharjorie .. Sludent-Sbrling, :5
,6..ssistent CooJnty Attomey
CPSS-liJOe..1 M!:lptl~Il~'"
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Item Number:
Item Summary:
Meeting Date:
Page J of2
Agenda Item No. 17H
April 22, 2008
Page 7 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17H
Recommendation that the Board of County Commissioners (Bee) approve and adopt CPSS-
06-01 Small Scale Growth Management Plan Amendment (GMPA) petition to the county
wide Future land Use !v'lap for the purpose of expanding Activity Center # 18 by an additional
7.3 acres.
4/22/2008 90000 AM
Prepared By
Joe Thompson
Community Development &
Environmental Services
Planner
Date
Comprehensive Planning
3/21/20081:09:15 PM
Approved By
Mike Bosi, AICP
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
3/26/200B 10:36 AM
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Comprehensive Planning Department
Director
Date
Comprehensive Planning
3/26/200B 10:44 AM
Approved By
David Weeks, Alep
Community Development &
Environmental Services
Chief Planner
Date
Comprehensive Planning
3/27/200812:15 PM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/27/2008 3:07 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
4/2/2008 10:18 AM
Approved By
Joseph K. Schm~tt
Community Development &
Environmental Services
Community Development &
Environmen~a! Services Adminstrator
Date
Community Deveioprnent &
Envir;:lnmental Services Adm:n.
4/3/2008 9:55 AM
Approved By
OMS Coordjnator
OM3 Coordinator
Date
file:I/C:\AQendaTest\ExDort\ 1 05-AnriJ%2022. %202008\ 1 7.%20S UMMAR Y%20AGENDA... 4/16/2008
Page 2 of 2
Agenda Item No. 17H
April 22, 2008
Page 8 of 8
County Manager's Office
Office of Management & Budget
417120082:00 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
418120085:23 PM
Approved By
Leo E. OchS, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4113120089:10 PM
file://C:IA!.!endaTestlF:xnortll 05-Anril%2022.%20200RI 170j,,20SI JMMARY%20AGENDA... 4/1 (i/200R