Ordinance 2021-17 ORDINANCE NO. 2021- 17
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES
TO CREATE THE NC SQUARE MIXED-USE OVERLAY ON LAND IN
THE AGRICULTURAL/RURAL DESIGNATION AND RURAL
FRINGE MIXED USE DISTRICT-RECEIVING LANDS OVERLAY TO
ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A
12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS,
AND A MINIMUM OF 120 AND A MAXIMUM OF 129 AFFORDABLE
HOUSING RESIDENTIAL DWELLING UNITS AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
THE SUBJECT PROPERTY IS 24.4± ACRES AND LOCATED AT THE
SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA
STREET APPROXIMATELY 1.6 MILES WEST OF WILSON
BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA. [PL20180002233]
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, Immokalee Square LLC, requested an amendment to the Future Land Use
Element and Map Series; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on February 3, 2021, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
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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
amendments to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments 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 March 18, 2021, and the Collier
County Board of County Commissioners held on April 27, 2021; 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 AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Future Land Use Element and Map Series attached hereto as
Exhibit"A" and incorporated herein by reference, are 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this o2-14` day of A ; I 2021.
ATTEST: BOARD 0 COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE' C TY, FLORI
iile
fit eit-KADLCIL- BY:
Deputy Clerk Penny aylor, Chairman
Attest as to Chairman's
signature only.
Approved as to form and legality:
(HLA Ct
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Text and Map
This ordinance fifer; with the
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[19-CMP-01049/1616170/11173
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EXHIBIT A
FUTURE LAND USE ELEMENT
Note: Words underlined are added, words struck through are deleted. Italicized text within
brackets is explanatory only— not to be adopted.
I. IMPLEMENTATION STRATEGY [Page 9]
GOALS, OBJECTIVES AND POLICIES
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Policy 1.9:
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. North Belle Meade Overlay
C. NC Square Mixed-Use Overlay
G D. Natural Resource Protection Area Overlays
G E. Rural Lands Stewardship Area Overlay
F. Airport Noise Area Overlay
G. Bayshore/Gateway Triangle Redevelopment Overlay
G H. Urban-Rural Fringe Transition Zone Overlay
I. Coastal High Hazard Area Boundary
1,J.Incorporated Areas
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V. OVERLAYS AND SPECIAL FEATURES [Page 97]
A. Area of Critical State Concern
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B. North Belle Meade Overlay
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C. NC Square Mixed-Use Overlay
This Overlay, comprising approximately 24.4 acres, is located at the southwest corner of
Immokalee Road and Catawba Street, in Section 29, Township 48 South, Range 27 East.
The purpose of this Overlay is to allow a minimum of 120 affordable housing residential units,
not to exceed a maximum of 129 affordable housing residential units, a daycare center and
allow neighborhood commercial uses to serve surrounding residential areas and passerby-
traffic. This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands
provisions, except as provided for herein.
Development in this Overlay shall comply with the following requirements and limitations:
a. Rezoning shall be in the form of a PUD, Planned Unit Development.
Page 1 of 4
b. This Overlay shall be limited to a maximum gross leasable floor area of 44,400 square
feet for commercial uses provided in the implementing PUD ordinance, and a
maximum 12,000 square feet daycare center limited to 250 students.
c. This Overlay shall provide a minimum of 120 affordable housing residential units and
shall not exceed a maximum of 129 affordable housing residential units.
d. Density shall be through an Affordable Housing Agreement between the Owner and
Collier County.
The implementing PUD shall include provisions to:
1. Establish a minimum number of dwelling units to be built.
2. Establish a minimum square foot of commercial uses to be built.
3. Address compatibility with surrounding properties.
4. Establish a common theme for architecture, signage and landscaping.
5. Provide pedestrian connectivity throughout the project.
6. Establish permitted and accessory uses and development standards from those C-1,
Commercial and General Office District, through C-2, Commercial Convenience
District, and those limited C-3, Commercial Intermediate District, uses appropriately
suited to "neighborhood commercial" center.
7. Prohibit stand-alone drive-through restaurants.
8. Develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of
threat to life and property from wildfires and incorporate the applicable elements of this
plan into the companion PUD.
9. Distribute the "A Guide to Living in Bear Country" to future commercial business
owners and residential homeowners, as well as to construction/maintenance
personnel, and utilize bear-proof dumpsters.
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FUTURE LAND USE MAP SERIES [Page 147]
Future Land Use Map
Activity Center Index Map
Mixed Use & Interchange Activity Center Maps
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East Tamiami Trail Commercial Infill Subdistrict Map
Seed to Table Commercial Subdistrict Map
NC Square Mixed-Use Overlay Map
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EXHIBIT A PETITION PL20180002233/CP-2019-1
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PREPARED BY BETH YANG,AICP 0 150 300 600 900 WA NC SQUARE MIXED
GROWTH MANAGEMENT DEPARTMENT IFeet USE OVERLAY
FILE:NC SQUARE MIXED USE OVERLAY LOCATION MAP.MXD
DATE:02/2020
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FLORIDA DEPARTMENT OfSTATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 4, 2021
Ms. Teresa Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
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. 2021-17, which was filed in this office on May 4, 2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270