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Ordinance 2022-24 ORDINANCE NO. 2022-24 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 MAPS TO CHANGE THE MIXED USE DISTRICT, COLLIER BOULEVARD COMMUNITY FACILITY SUBDISTRICT TO THE MIXED USE DISTRICT, COLLIER BOULEVARD LORD'S WAY MIXED USE SUBDISTRICT; TO INCREASE THE MAXIMUM DWELLING UNITS FROM 306 TO 690 WITH SOME AFFORDABLE HOUSING; TO REMOVE CHILD CARE FACILITIES AS AN ALLOWED USE AND ALLOW THE CHURCH TO CONTINUE AS AN INTERIM USE FOR UP TO 5 YEARS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND HACIENDA LAKES PARKWAY FORMERLY KNOWN AS LORD'S WAY IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 69±ACRES. [PL20200000115] 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, Lords Way Apartments LLC and 3805 TLW, LLC requested an amendment to the Future Land Use Element; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on December 22, 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 Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and [20-CMP-01084/1703254/1]214 �_-_ �� Collier Blvd Comm Facility Words underlined are additions;Words are deletions. Page 1 of 3 PL20200000115 *** *** *** *** are a break in text 4/13/22 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 April 7, 2022, and the Collier County Board of County Commissioners held on June 14, 2022; 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 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. [20-CMP-01084/1703254/1]214 __.._ti Collier Blvd Comm Facility Words underlined are additions;Words 4 tti =are deletions. Page 2 of 3 PL202000001 l 5 *** *** *** ***are a break in text 4/13/22 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 17 day of lwnuL.- 2022. ATTEST; "' BOARD OF COUNTY COMMISSIONERS CRYSAL K. KINZEL, CLERK COLLIER CO ► ! t IDA I u e !�• W j' jam L. McDaniel, Jr., Chairman Attest as to Chairm 's- signature only, Approved as to form and legality: eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text and Map Amendment This ordinance flied with the Secretary of Stppte's Office the Ilday of and acknowledgement of that filing received this dayl of ,Jon Ems+ By • Odury loft [20-CM P-01084/1703254/1]214 Collier Blvd Comm Facility Words underlined are additions;Words struck through are deletions. Page 3 of 3 PL20200000115 *** *** *** *** are a break in text 4/13/22 Collier Boulevard Lord's Way Mixed Use Subdistrict 2-1-2022 Exhibit A COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT *** *** *** *** *** Text Break *** *** *** *** *** TABLE OF CONTENTS Page SUMMARY 1 I. OVERVIEW 2 A. PURPOSE 2 *** *** *** *** *** Text Break *** *** *** *** *** II. IMPLEMENTATION STRATEGY 09 GOALS, OBJECTIVES AND POLICIES 09 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION 26 Urban Designation *** *** *** *** *** Text Break *** *** *** *** *** FUTURE LAND USE MAP SERIES 154 *Future Land Use Map *Mixed User& Interchange Activity Centers Maps *** *** *** *** *** Text Break *** *** *** *** *** * Corkscrew Island Neighborhood Commercial Subdistrict Map * Collier Boulevard Community Facility Lord's Way Mixed Use Subdistrict Map * Orange Blossom/Airport Crossroads Commercial Subdistrict Map * Coastal High Hazard Area Map * Coastal High Hazard Area Comparison Map * Gordon River Greenway Conservation Area Designation Map * Hibiscus Residential Infill Subdistrict Map *Vincentian Mixed Use Subdistrict Map * Davis—Radio Commercial Subdistrict Map * Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Page 1 of 7 Collier Boulevard Lord's Way Mixed Use Subdistrict 2-1-2022 * Mini Triangle Mixed Use Subdistrict Map * East Tamiami Trail Commercial Infill Subdistrict Map * Vanderbilt Beach Commercial Tourist Subdistrict Map * Meridian Village Mixed-Use Subdistrict Map * Germain Immokalee Commercial Subdistrict Map * Greenway—Tamiami Trail East Commercial Subdistrict Map * Bay House Campus Commercial Subdistrict Map * Vanderbilt Beach Road Mixed Use Subdistrict Map *** *** *** *** *** Text Break *** *** *** *** *** II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL-PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. *** *** *** *** *** Text Break *** *** *** *** *** A.URBAN-MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict *** *** *** *** *** Text Break *** *** *** *** *** 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Lord's Way Mixed Use Subdistrict 17. Hibiscus Residential Infill Subdistrict 18. Vincentian Mixed Use Subdistrict 19. [RESERVED] 20. Goodlette/Pine Ridge Mixed Use Subdistrict 21. Livingston Road/Veterans Memorial Boulevard East Residential Subdistrict 22. Meridian Village Mixed-Use Subdistrict 23. Vanderbilt Beach Road Mixed Use Subdistrict *** *** *** *** *** Text Break *** *** *** *** *** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However,these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. Page 2 of 7 Collier Boulevard Lord's Way Mixed Use Subdistrict 2-1-2022 I. URBAN DESIGNATION *** *** *** *** *** Text Break *** *** *** *** *** A. Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. *** *** *** *** *** Text Break *** *** *** *** *** 16. Collier Boulevard Community Facility Lord's Way Mixed Use Subdistrict The Collier Boulevard Community Facility Lord's Way Mixed Use Subdistrict comprises approximately 69 acres and is located on the east side of Collier Boulevard, approximately one-half mile north of the Collier Boulevard/Rattlesnake Hammock Road intersection. The purpose of this Subdistrict is to provide community facility a mix of uses,primarily institutional residential uses and othcr non commercial uscs generally serving the public at large, and residential uses, both affordable and market rate housing, all in a setting to be compatible with surrounding land uses. The Subdistrict is intended to contain a mix of uses and services in a self sufficient environment,which lessens traffic impacts upon the external transportation network and public services, while serving the needs of the community at large. All development in this Subdistrict shall comply with the following requirements and limitations: a. Rezoning is encouraged to be in the form of a PUD. b. Allowable land uses: 1) Community facilities such as churches, gGroup housing uses such as nursing homes, independent care units, and assisted living and continuing care facilities. cemeteries, private schools and colleges. 2) Child care facilities. 32) Residential dwelling units, not to exceed 690 units. 43) Essential services, as defined in the Collier County Land Development Code, Ordinance Number 04-41, in effect as of the effective date of adoption of this Subdistrict. 34) Parks, open space, and recreational uses. 5) Religious organizations (Group 8661. Limited to churches and religious organizations) shall be permitted to continue within Tract A for a time not to exceed 5 years from the date of approval of this Ordinance or until such time that a Site Development Plan has been approved for the development of residential units within Tract A, whichever occurs first. After five years from the date of approval of this Ordinance, or when a SDP has been approved for the residential development within Tract A,the identified religious organization use shall cease and is no longer deemed permitted. Further, if the structure of the religious organization is to be destroyed by any means to an extent of more than 50%of its replacement cost at time of destruction, it shall not be reconstructed. Page 3 of 7 Collier Boulevard Lord's Way Mixed Use Subdistrict 2-1-2022 c. The maximum floor area for institutional and other non residential uses shall not exceed 368,000 square feet. d. Of the 306 dwelling units total,a maximum of ten(10)units shall be reserved for occupancy solely by church employees and church related personnel and their f ma:os The 10 he feh rel te,l dwelling c. A requirement shall be put ple e at the time of ro g P-1 In-n ndeient that all bu♦ i e mobile home units currently on site shall be remeed from the subject property prior to the construction of any housing not reserved fer church related employees, staff and program participants. The nine remaining mobile home units may serve as temporary adult care units for program participants; and shall he~ ea they placed by pe ent` "identia stfuet re" permanent adult care units, or within twenty four (24) months from the date of adoption of this Subdistrict,whichever is sooner. c. One hundred forty-seven of the 296 affordable and market rate housing units in Tract G of the Collier Boulevard/Lord's Way MPUD, as they become available, will be offered first to persons involved in providing essential services in Collier County, as defined in the County's Local Housing Assistance Plan. g7,d. To achieve the density of approximately 4.28 dwelling units per acre 296 dwelling units on Tract G of the Collier Boulevard/Lord's Way MPUD, and to allow development of the 192 non church , the project shall comply with one or more of the following: 1) The Affordable Housing Density Bonus provisions of the Collier County Land Development Code, Ordinance Number 04-41 in effect as of the date of adoption of this Subdistrict; or, 2)be designated as a Community Workforce Housing Innovation Program(CWHIP)Project by the State of Florida and comply with all requirements and limitations of that designation, and provide a minimum of eighty(80)essential services personnel dwelling units—comprised of a minimum of ten(10)dwelling units for those earning less than 80%of the median income of Collier County, and a minimum of seventy (70) dwelling units for those earning between 80% and 140% of the median income of Collier County; or, 3) enter into an agreement with Collier County assuring that no fewer than 147 affordable and market rate housing units are constructed and, as they become available, will be offered first to persons involved in providing essential services in Collier County, such agreement being in effect for not less than fifteen (15) years, including a minimum of thirty-five (35) dwelling units for those earning no more than 140% of the median income of Collier County, and a minimum of twenty-five(25)dwelling units for those earning no more than 80%of the median income. 1} c. No more than 57 market rate dwelling units shall b cted _to the struction ,fall affordable h es ng dwelling units. e. For the additional 384 affordable and market rate housing units on Tracts A and A-1 of the Collier Boulevard/Lord's Way MPUD, the project shall comply with the following: Page 4 of 7 Collier Boulevard Lord's Way Mixed Use Subdistrict 2-1-2022 Seventy-six units will be designated for rental to households whose incomes are between 80% and 120%of the Area Median Income(AMI)for Collier County and the corresponding rent limits. These units will be committed for a period of 30 years from the date of issuance of the Certificate of Occupancy. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation. OR 1) Seventy-six units will be designated for sale to households whose initial certified incomes are between 80%-120%of the AMI for Collier County. These units will be committed for a period of 30 years and affordability for all units sold to eligible households will be secured through the execution of a lien in accordance with Chapter 2.06.04 of the LDC between Collier County Board of County Commissioners and the buyer to be recorded with the Clerk of the Circuit Court of Collier County, Florida. f. For Tract G of the Collier Boulevard/Lord's Way MPUD, Nno more than 57 market rate dwelling units shall be constructed prior to the construction of all affordable housing dwelling units. i-g_At the time of rezoning/PUD amendment, the maximum occupancy per dwelling unit in the 296 non church related dwelling units shall be addressed, as deemed appropriate by the Board of County Commissioners. j- h_At the time of rezoning/PUD amendment, consideration shall be given to increasing the landscaping requirements along The Lord's Way beyond existing Land Development Code requirements. l� i_At the time of rezoning/PUD amendment, the petitioner shall be required to mitigate for the project's impacts upon affected roadways in accordance with the concurrency management system and as otherwise determined appropriate by the Board of County Commissioners. 1- for persons involved in providing essential services in Collierr „nty an'' 10 church related dwelli property owner,plus any units allowed but not constructed during Phase Ono For the i 19 market rate dwelling units in Phase Two, no Certificate of Occupancy shall b a u til imp_ovements to the existing deficient segment of Davis Boulevard arc complete.a Page 5 of 7 EXHIBIT A PL20200000 1 1 5 O/� COLLIER BLVD./LORD'S WAY MIXED USE SUBDISTRICT COLLIER COUNTY,FLORIDA I J / I I LIDO ISLES ;' CWILLOW RUN HOMES OF ISLANDIA: Club Estate'sDR�, SUBJECT LASIP CONSERVATION AREA SITE --a)-- ��n9eaR Pli r� F 0 z 4' _ tIB F / R �IRSTASSYMINST!EDU'& REHAB.1.3 v HACIENDA LAKES (..): --, ---- ,) /�� NAPLES LAKES'COUNTRY CLUB o — U / /4.9 _________— 1 22 11 1 ct 1 _gyp l ___ cv _ -E CD /--''''--- - / 04 G . __________ ---, _ pim Better WAY 10 N I� // L MCMULLEN Prestwick DR --......_-Rattlesnake:Hammock-RD 3 ,— - ISl III erra Meadows BLVD 01 `- _ J > / / c.'\ 0 250 500 1,000 Feet ADOPTED-XXXX, XXXX I t t I t l l LEGEND (Ord. No. XXXX-X) PREPARED 8Y:BETH YANG,AICP Collier BLVD./Lord's Way GROWTH MANAGEMENT DEPT ,/� Mixed Use Subdistrict FILE COLLIER BLVD LORDS WAY MIXED USE SUBDISTRICT SITE LOCATION MAP.MXD DATE:SEP.30,2021 Paae 6 of 7 Page b or/ I T46S I T4TS I T46S I T49S I T50S I T51S I T52S I T53S I Y 2 1 �i 20i0i0i 22 �O?00°O°0°0002020°O wOw w0 020 n j Egan‘.. : 1;, 2 -. ..-'Qy° s ° 6 O s g F _ 8 € k1. a a cm x pp f a .2 _ iW ' 1. - gg 5 §§ I 5E ppg§ i mg aF$299E 69 1i: 9'i _ - io fi ai i $ 5 ` I. 4 4 to a s it _ o o„rc ror w r ram=a s U y y y c y oo �0 7 00i1011 _11_ °� I OOC10®0 _w°_`w400000 wow 2oa 20 n m W 2 2 2 2 2 2 2 2 2 z z z z z zLi' z z z z z z zO 2 2 aQ 2°,j°91- < e d $ e _ g F ,0 F E CF i i i 8 I .� S it .4r3 1 _ a ng ii Y I I i £ 4e i t :O§ . II1m 1 E ] 3 3 a 5 1 1 6 E 1If111� 111111111 u Eo u i F Hi F , F ! a S gFg gFg tt F S yy Ill a f '� 8— E $ gR¢¢�' EE9pp d7 Up g {g{ X§gw i o II ! I i8 3il8 ii 93 Si 1 3 I 3 1 ► 5 3 I L °[OF'!G®M I II 11 1 1 1 1 I1111 1 1.:-.'.. _ h Y , /j L J 86 pp Y Irj rM _\ 0 Lji 1d i g ii 3 4 � r o '"; — i ilL ___I 9 MI :� j 7i o -- r Rtw t {{ r—' _ a : :f4i' �; g I a ig o A r¢ I, ...... 0 ,uj<co 'k:::::::::*;V,* --i rirg . ,,,, gg 4 a O �£� 8 °Ia —, N MextiC oLLa Y LL O a CO m O 1. ry1 a - g' gg= i; Gulf of o I TARS I TA7C I TARS I TAAS I TSAR I T51S I T52S I TRAS l I (I.Y, •t, 7.. .,,.., i.,,rO i,, z z4 �` o„„, '' FLORIDA DEPARTMENT Of STATE , RON DESANTIS LAUREL M. LEE Governor Secretary of State June 22, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-23, which was filed in this office on June 17, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270