Ordinance 2022-28 ORDINANCE NO. 2022- 2 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY
AMENDING THE URBAN COMMERCIAL DISTRICT, MIXED USE
ACTIVITY CENTER SUBDISTRICT OF THE FUTURE LAND USE
ELEMENT AND ACTIVITY CENTER #7 MAP OF THE FUTURE
LAND USE MAP SERIES TO ALLOW UP TO 303 MULTI-FAMILY
APARTMENT OR OWNER-OCCUPIED DWELLING UNITS OF
WHICH 68 UNITS WILL QUALIFY AS AFFORDABLE HOUSING IN
THE AMERISITE CB MIXED-USE PLANNED UNIT DEVELOPMENT
IN ADDITION TO UP TO 70,000 SQUARE FEET OF COMMERCIAL
SHOPPING CENTER DEVELOPMENT, AND UP TO 85,000 SQUARE
FEET OF MINI-WAREHOUSE SELF-STORAGE; AND TRUCK
LEASING AND GAS STATION USES SHALL NOT BE ALLOWED;
AND FURTHERMORE DIRECTING TRANSMITTAL OF THE
ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS
LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD,
APPROXIMATELY 1000 FEET NORTH OF RATTLESNAKE
HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.95±
ACRES. [PL20210001104]
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, Amerisite, LLC requested an amendment to the Future Land Use Element;
and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
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6/7/22
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WHEREAS, the Subdistrict property is not located in an area of critical state concern or a
rural area of opportunity; and
WHEREAS, the Collier County Planning Commission (CCPC) on May 19, 2022,
considered the proposed amendment to the Growth Management Plan and recommended
approval of said amendment to the Board of County Commissioners; and
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 of the Growth Management Plan on June 28, 2022;
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
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 Board approval. 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.
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PASSED AND D JY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of 11A 4,C. , 2022.
ATTEST; BOARD OF COUNTY COMMISSIONERS
CRYST4I5K:KINZEL, CLERK COLLIER CO 'f ..• 'IDA
•-, • , ( e). Al. OA
By ii N Q(_ — By: ...�--- Air
'Attest as,to r',r; i .r� ty Clerk lliam L. McDaniel, Jr., Chairman
s'rgnaftut Only $
Si/IN i ao D
Approved as to form and legality:
LiL/ l f/--L (t`(/-3,2
Heidi Ashton-Cicko, h
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment and map
This orctino.Ctry of n
Se ce fifed with the
day cf s�� .�''�K`
and acknowlede-e �e.
tt
filin re aw7fice the
ed this of that
ofLl ,.� 2 doy
By
deputy
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PL20210001104
EXHIBIT A
FUTURE LAND USE ELEMENT
FUTURE LAND USE ELEMENT [Page 26]
DESCRIPTION SECTION
*** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** ***
I. URBAN DESIGNATION [Page 28]
*** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** ***
C. Urban Commercial District [Page 62]
*** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** ***
1. Mixed Use Activity Center Subdistrict
*** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** ***
Master Planned Activity Centers [Page 65]
*** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** ***
2. The allowable land uses for a Master Planned Activity Center shall be the
same as for other designated Activity Centers; however, a Master Planned
Activity Center encompassing the majority of the property in two or more
quadrants shall be afforded the flexibility to redistribute a part or all of the
allocation from one quadrant to another, to the extent of the unified control.
The maximum amount of commercial uses allowed at Activity Center # 3
(Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total
of 160 acres maximum in the entire Activity Center; the balance of the land
area shall be limited to non-commercial uses as allowed in Mixed Use Activity
Centers.
The maximum amount of commercial uses allowed at Activity Center #7
(Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant,
except that the northeast quadrant may have a total of 68.3 acres and the
southeast quadrant may have a total of 49.2 acres, for a total of 197.5 acres
maximum in the entire Activity Center; the balance of the land area shall be
limited to non-commercial uses as allowed in Mixed Use Activity Centers.
Multi-family(apartment)uses shall also be permitted in the northeast quadrant
within the Hammock Park MPUD and the Amerisite CB MPUD. The multi-
family uses and shall be limited to a total of up to 265 multi-family (apartment)
dwelling units- for the Hammock Park MPUD; and a maximum of 303 multi-
family (apartment or owner-occupied) dwelling units shall be allowed in the
Amerisite CB MPUD, of which a total of thirty-four (34) units will be rented or
sold to households earning up to and including 80 percent of the Area Median
Income (AMI), and a total of thirty-four (34) units will be rented or sold to
households earning up to and including 100 percent of the AMI. Any time that
a rental unit becomes vacant, assuming less than sixty-eight (68) units are
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06.03.22 mrm
PL20210001104
occupied by households that qualify for the designated income thresholds, the
next available unit will be offered to a qualifying household subject to the
specified income thresholds. AMI rent limit adjustments will be made on an
annual basis according to the most recent Collier County approved Table of
Rental Rates. As part of the annual PUD monitoring report, the developer will
include an annual report that provides the progress and monitoring of
occupancy of the income restricted units. The affordable restriction for rental
and owner-occupied units shall remain in place for no less than thirty (30)
years from the date of issuance of the first residential Certificate of
Occupancy. Additionally, for the first eighteen (18) units above the base
density of twenty-eight units within the Amerisite CB MPUD, Transfer of
Development Rights Credits shall be redeemed from qualified Sending Lands.
With respect to the Amerisite CB MPUD: commercial development (shopping
center) shall be limited to 70,000 square feet, self-storage (mini warehouse)
shall be limited to 85,000 square feet; and, truck rental and leasing and
gasoline service station uses shall not be allowed. The addition of the 9.3
acres to the northeast quadrant of the Activity center shall not be the basis for
adjacent parcels to be rezoned to commercial pursuant the Office and Infill
Commercial Subdistrict. With respect to the +/- 19 acres in the northeast
quadrant of Activity Center#7, said acreage lying adjacent to the east of the
Hammock Park MPUD, commercial development (exclusive of the allowed
"1/4 mile support medical uses") shall be limited to a total of 185,000 square
feet of the following uses: personal indoor self-storage facilities—this use shall
occupy no greater than 50% of the total (185,000) building square feet; offices
for various contractor/builder construction trade specialists inclusive of the
offices of related professional disciplines and services that typically serve
those construction businesses or otherwise assist in facilitating elements of a
building and related infrastructure, including but not limited to architects,
engineers, land surveyors and attorneys—these offices of related professional
disciplines and services shall occupy no greater than 50% of the total
(185,000) building square feet; warehouse space for various
contractor/builder construction trades occupants; mortgage and land title
companies; related businesses including but not limited to lumber and other
building materials dealers, paint, glass, and wallpaper stores, garden supply
stores — all as accessory uses only, accessory to offices for various
contractor/builder construction trade specialists or accessory to warehouse
space for various contractor/builder construction trades occupants;
management associations of various types of buildings or provision of
services to buildings/properties; and, fitness centers.
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FLORIDA DEPARTMENT of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 5, 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. 2022-28, which was filed in this office on July 5, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270