Ordinance 2019-42 ORDINANCE NO. 2019- 4 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
89-05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE
ORANGE BLOSSOM MIXED USE SUBDISTRICT TO ALLOW 30,000
SQUARE FEET OF USES ANCILLARY TO A CHURCH IN
ADDITION TO 15,000 SQUARE FEET OF RETAIL AND 10,000
SQUARE FEET OF OFFICE USES ON THE 4.52 ACRES NORTH OF
ORANGE BLOSSOM DRIVE AND ESTABLISH LANDSCAPE
BUFFER REQUIREMENTS. THE SUBJECT PROPERTY IS
LOCATED ON THE NORTHEAST CORNER OF THE
INTERSECTION OF AIRPORT PULLING ROAD AND ORANGE
BLOSSOM DRIVE IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25
EAST, CONSISTING OF 4.52 ACRES; AND FURTHERMORE,
RECOMMENDING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20170003337]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, 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, St. Katherine's Greek Orthodox Church, Inc. requested an amendment to
the Future Land Use Element to amend the Orange Blossom Mixed Use District; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small Scale Amendment; and
WHEREAS, the Subdistrict property is not located in an area of critical state concern or
an area of critical economic concern; and
WHEREAS, the Collier County Planning Commission (CCPC) on October 17, 2019 and
October 31, 2019 considered the proposed amendment to the Growth Management Plan and
recommended approval of said amendment to the Board of County Commissioners; and
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WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Future Land Use Element and Future Land Use Map and Map Series of the
Growth Management Plan on December 10, 2019; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this small scale amendment to the
Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text
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 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 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 state land planning
agency.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this [0* day of ,n( -, 2019.
A'TAk§T•: BOARD OF : b COMMISSIONERS
7stSTAL K.-KIN EL, CLERK COLLIE • 1 ► 'ID A
BY: ep,fr
.•K .S'
4s47.,'" ilainisity Clerk Wi, am L. Mc i aniel, Jr., Ch. rman
4ignatp
• 5'N 040
Approved as to form and legality:
afixL, °\
Heidi Ashton-Cicko,
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment and inset map
This ordinance filed w'th 'LI
!-"flay oft- -00
and acknowiedg-,,ne t
filin received this 11-1.71 ,
of -,
Dont rty....
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Exhibit PL20170003337/CPSS-2017-2
EXHIBIT A
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION
DESCRIPTION SECTION
... text break *** *** *** ***
I. URBAN DESIGNATION
... text break
A. Urban Mixed Use District
*** text break ***
[Page 35]
8. Orange Blossom Mixed Use Subdistrict:
The Subdistrict contains a total of 14.74 acres. It is further divided into two parcels, one south of
Orange Blossom Drive (totaling approximately 10.22 acres) and one north of Orange Blossom Drive
(totaling approximately 4.52 acres). For purposes of distinction,the 4.52 acre parcel north of Orange
Blossom Drive is designated as the North Tract and the 10.22 acres to the south is designated as
the South Tract. The intent of this Subdistrict is to allow for limited small-scale retail, office, and
residential uses while requiring that the project result in a true mixed use development, and, for the
North Tract, to also allow for, as an alternative, institutional uses ancillary to the church located
adjacent to the north. The Activity Centers to the north and south provide for large-scale commercial
uses, while this Subdistrict will promote small-scale mixed use development with a pedestrian
orientation to serve the homes, both existing and future, in the immediate area. This Subdistrict is
intended to be a prototype for future mixed use nodes, providing residents with pedestrian scale
development while also reducing existing trip lengths for small-scale commercial services. The
Office and Infill Commercial Subdistrict is not applicable to any properties adjacent to this Subdistrict.
Allowable Gcommercial uses, for the purpose of this section, are limited to those uses allowed in the
C-1, C-2, and C-3 zoning districts in the Land Development Code in effect as of the date of adoption
of this Subdistrict (May 9, 2000), except as noted below. Allowable institutional uses on the North
Tract are limited to those that are ancillary to the church located adjacent to the north, such as:
classrooms for religious instruction and continuing education; church offices; a multi-purpose
building with kitchen, meeting rooms, and indoor recreation facilities for church members; and
community gardens.
The South Tract may be developed with a mixture of retail, office, and residential uses. The North
Tract may be developed with institutional uses ancillary to the church located to the north, or a
mixture of small-scale retail and office.
a. The development of this Subdistrict will be governed by the following criteria:
a-1. Rezoning is encouraged to be in the form of a PUD.
la,-2. A unified planned development with a common architectural theme, which has shared
parking and cross access agreements, will be developed.
6,3. Retail uses will be capped at a maximum of 5,000 sq. ft. per acre for the total project
Subdistrict.
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Exhibit PL20170003337/CPSS-2017-2
d-4. Office uses will be capped at a maximum of 7,000 sq. ft. per acre for the total project
Subdistrict.
e75. Residential development will be subject to the density rating system.
f:6. Maximum lot coverage for buildings is capped at 17.5% for the total project.
g-7. No more than 25% of the total built square footage will be devoted to single story
buildings.
4.-8. Primary entrances to all retail and commercial uses shall be designed for access from
the interior of the site. Buildings fronting on Airport-Pulling Road and Orange Blossom
Drive will provide secondary access facing those streets.
+9. All four sides of each building must be finished in a common architectural theme.
j-10. A residential component equal to at least 25% of the allowable maximum base density
under the density rating system must be constructed before the Subdistrict completes an
aggregate total of 40,000 square feet of retail or office uses.
111. Residential units may be located both on the north and south sides of Orange Blossom
Drive.
1,12. Integration of residential and office or retail uses in the same building is encouraged.
m13. Pedestrian connections are encouraged to all perimeter properties where feasible and
desired by adjoining property owners.
n-14. No building footprint will exceed 5,000 square feet. Common stairs, breezeways or
elevators may join individual buildings.
0-15. No building shall exceed three (3) stories in height; any under building parking provided
shall count towards this height limit.
p-16. Drive-through establishments, which must be architecturally integrated into the main
building, will be limited to banks with no more than 3 lanes.
9-17. No gasoline service stations will be permitted.
r-18. All buildings will be connected with pedestrian features.
8-19. Twenty-foot wide landscape Type D buffers along Orange Blossom Drive and Airport
Pulling Road and twenty-foot wide Type C buffer along all other perimeter property lines
will be required.
t20. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive.
21. The North Tract is limited to the following maximums if it is developed with a mixture of
small-scale retail and office:
(a) Retail uses will not exceed 10,000 square feet.
Office uses will not exceed 15,000 square feet.
this Subdistrict.
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Exhibit PL20170003337/CPSS-2017-2
b. Notwithstanding a., above, if the North Tract is developed with institutional uses ancillary to the
church located adjacent to the north, the following criteria will apply:
1. Rezoning is encouraged to be in the form of a PUD.
2. All four sides of each building must be finished in a common architectural theme.
3. Pedestrian connections are encouraged to all perimeter properties.
4. No building shall exceed three (3) stories in height; any under building parking provided
shall count towards this height limit.
5. All buildings will be connected with pedestrian features.
6. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive.
7. A ten-foot wide Type D landscape buffer along Orange Blossom Drive and twenty-foot Type
D landscape buffer along Airport Pulling Road shall be provided.
8. Institutional uses ancillary to the church shall be limited to a maximum of 30,000 square
feet of gross floor area.
9. Institutional uses ancillary to the church may be developed in one, one-story building.
10. Buildings must comply with the applicable architectural standards of the land development
code; however, institutional uses ancillary to the church shall have a common architectural
theme with the church located adjacent to the north.
11. No residential units are required to be constructed prior to the construction of institutional
uses ancillary to the church.
G:ICDES Planning Services\Comprehensive\Comp Planning GMP DATA1Comp Plan Amendments12017 Cycles&Smalls12017 Small Scale pttns\CPSS-17-2 0mg
Blssm\Exhbt As117-2 Orng Blssm sbdstrct exhbt A txt_FNLb.docx
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EXHIBIT 'A' PL20170003337/CPSS-17-2
ORANGE BLOSSOM MIXED USE SUBDISTRICT
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COLLIER COUNTY, FLORIDA
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ADOPTED — JUNE 7, 2005 LEGEND
(Ord. No. 2005-25)
SUBDISTRICT
SCALE
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION I I I
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 0 500 FT. 1000 FT.
DATE: 6/2005 FILE: CPSP-2004-7D.DWG
Page 4 of 4
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 12, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-42, which was filed in this office on December 12,
2019.
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