Ordinance 2022-37 ORDINANCE NO. 2022--
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
FUTURE LAND USE ELEMENT BY AMENDING THE MINI-
TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED
USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000
TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS
BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL
SUBJECT TO A TRAFFIC CAP; AND REMOVE MOVIE THEATRE
AND BOWLING CENTER USES. THE SUBJECT PROPERTY IS
LOCATED NEAR THE SOUTHERN CORNER OF THE
INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL
EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35±
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.
[PL20210001101]
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, Metropolitan Naples, 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
WHEREAS,the Subdistrict property is not located in an area of critical state concern or a
rural area of economic opportunity formerly rural area of economic concern; and
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WHEREAS, the Collier County Planning Commission (CCPC) on August 4, 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 September 27,
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 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 Board adoption. 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 )3 tip day of cc' pk,r'1 ,. 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL,CLERK COLLIER CO , EMRIDA
Ce)
By: By: •
�hiitla.. WY Clerk Wil 'am L. McDaniel, Jr.,Chairman
Attest as to,,
signnturn crJ
o!dinc,ic fiFed with the
S retary of ,tut 's Oft;ttqq__t__
Approved as to form and legality: day of _Q.401
, _!To
and ocknowledgemen of that
1, Jilin r ived this doof 0Ja
FL Ashton-Cicko, ; By
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment
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EXHIBIT A
MINI-TRIANGLE MIXED USE SUBDISTRICT GMPA
FUTURE LAND USE ELEMENT
*** *** *** *** *** *** *** *** *** *** *** *** ***
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
*** *** *** *** *** *** *** *** *** *** *** *** ***
I.URBAN DESIGNATION
*** *** *** *** *** *** *** *** *** *** *** *** ***
A.Urban Mixed Use District:
*** *** *** *** *** *** *** *** *** *** *** *** ***
19. Mini Triangle Mixed Use Subdistrict
The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle
Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict,as a subset
of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County
Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle
Redevelopment Plan(approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7
of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor
Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a
mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway
Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the
Community Redevelopment Plan,this Subdistrict provides for greater intensity, density,and flexibility in
applicable Site Design and Development Standards. In order to accomplish this greater intensity, density,
and flexibility in applicable Site Design and Development Standards,the Mini Triangle Subdistrict shall be
rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle
Subdistrict shall be subject to the following:
a. A maximum of 377 491 multi-family residential units may be permitted.
b. A maximum of 228 hotel suites/rooms(or other transient lodging uses including but not limited to
interval ownership or vacation rental suites)may be permitted.
c. A maximum of 200,008 130,000 square feet of any combination of the following commercial uses
may be permitted:
1. Retail;
2. Eating and drinking establishments;
3. ,pPhysical fitness facilities,yoga studio,bicycle rental
and museums and art galleries;
4. Personal services;
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5. General and medical offices;
6. Indoor Air-conditioned passenger vehicle and/or self storage,not to exceed 60,000 square feet
(SIC Code 4225);
7. New or Used Car Dealerships,not to exceed 30,000 square feet in total(SIC Codes 5511 and 5521);
and,
8. Any other principal use which is comparable in nature with the forgoing list of permitted principal
uses.
d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum
floor area ratio of 0.45.
e The MPUD shall establish a maximum trip capacity ("Trip Cap")for the Mini Triangle MPUD based
upon"Net New Trips". The term Net New Trips means the projected PM peak hour trips generated by
anticipated development within the Mini Triangle Subdistrict, reduced by pass-by trips and internal
capture.The Trip Cap establishes the overall limitation on the intensity and density of any combination
of uses.
f. In order to ensure a mixed use development,the MPUD shall establish the minimum required number
of multi-family residential units, the minimum required square footage of a combination of the
commercial uses 1.through 46. in paragraph ed, above, and the minimum required square footage for
general/medical office.
g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in
paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit
approval of a Site Development Plan(SDP)or related amendment(s)thereto,nor the installation of any
site related infrastructure or other site improvements depicted thereon, including but not limited to site
access,sewer and water lines and facilities,stormwater facilities,surface parking,landscaping,signage,
and fence or walls.
h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16—Design
Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable,
except in the case of building height,which may exceed the maximum allowable height established in
Section 4.02.16,as well as any deviations from the applicable provisions of Section 4.02.16,as may be
approved as part of the MPUD.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 6, 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 corrected Collier County Ordinance No. 2022-37, which was filed in this office on
October 6, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270