Ordinance 2007-79
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\J,~ W ,,//AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS
\<<";", '11";/ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
~~' PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO
THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Collier County, pursuant to Section 163,3161, et sea" 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 Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163,3184 and 163,3187, Florida Statutes; and
WHEREAS, Robert L, Duane of Hole Montes and Associates, requested an amendment
to the Future Land Use Element and Future Land Use Map and Map Series, to create the
"Collier Boulevard Community Facility Subdistrict" for property designated on the Future Land
Use Map as Urban Mixed Use District, Urban Residential Fringe Subdistrict, to allow up to
368,000 square feet of church-sponsored institutional and residential uses, including 10 church-
sponsored residential units, and up to 296 market rate and essential services personnel housing
(non-church sponsored) units at a gross density of 4,28 dwelling units per acre, for a total of 306
residential units at a gross density of 4,43 dwelling units per acre, for property located on the
east side of Collier Boulevard (CR-951), one-half mile north of Rattlesnake-Hammock Road
(within the First Assembly of God PUD site), in Section 14, Township 50 South, Range 26 East,
consisting of 69:t acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on August 6, 2007; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Future Land Use Element and Future Land Use Element Future Land Use Map and Map series,
to the Growth Management Plan and transmitted its findings in writing to Collier County within
the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendment to the Growth Management Plan;
and
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WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Future
Land Use Element and Future Land Use Element Future Land Use Map and Map Series, to the
Growth Management Plan on December 4, 2007; and
WHEREAS, Collier County has gathered and considered additional information, data
and analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report; the documents entitled Collier County Growth Management Plan amendment, and
other documents, testimony and information presented and made a part of the record at the
Words underlined are additions; words strl,jsk IRrel,j~h are deletions
meetings of the Callier County Planning Commission held on November 26, 2007, and the
Collier County Board of County Commissioners held on December 4, 2007; 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 amendment to the Future Land
Use Element and Future Land Use Element Future Land Use Map and Map Series, in
accordance with Section 163,3184, Florida Statutes, The text and maps of the amendment are
attached hereto as Exhibit "A" and are incorporated by reference herein,
SECTION TWO:
SEVERABI L1TY,
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 Amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163,3184, Florida Statutes, whichever occurs earlier,
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 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd" 3'd Floor, Tallahassee, Florida 32399-2100,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this '-I i~ day of &.0''1 (x'b 2007,
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLUE~DA
BY: ~
JAM?s COLETTA
Chairman
{~r'Uw --fr~l).L
Att4>.t !!it to t...... .
S1\l111atur. 0II1~
Approved as to form and legal suffiency:
This ordinance filed with the..
Secretary 01 State's Office the
.l3!!' day ol(\o""l.I. ,'2Dtl'I .
1h1'A '., i, 7ffl'/JJ7I"tIl1-~ and acknowledgeme~l~ t~at
MarJ'OrilM Student-Stirling filing receIved thIS _ ay
, ' I~I._ '2ot)~
ASSistant County Attorney 0 6}1,. '.... \ _ ..~ -
Petition Cp.2005-13 Future Land Use Element and Future Land Use Map and Map serie: Deputy c,.
Words underlined are additions; words stfllSI< tRreblgh are deletions
2
Exhibit A
CP-2005-13
FUTURE LAND USE ELEMENT
I. URBAN DESIGNATION
A. Urban Mixed Use District
17. Collier Boulevard Communitv Facilitv Subdistrict [new text, page 47]
The Collier Boulevard Community Facilitv Subdistrict como rises aooroximately
69 acres and is located on the east side of Collier Boulevard. aooroximatelv one-
half mile north of the Collier Boulevard/Rattlesnake Hammock Road intersection,
The purpose of this Subdistrict is to orovide communitv facilitv uses. orimarily
institutional uses and other non-commercial uses aenerallv servina the public at
larae. and residential uses. both affordable-workforce and market rate housina -
all in a settina to be comoatible with surroundina land uses, The Subdistrict is
intended to contain a mix of uses and services in a self-sufficient environment
which lessens traffic imoacts uoon the external transoortation network and oublic
services. while servina the needs of the community at larae.
All develooment in this Subdistrict shall como Iv with the followina reauirements
and limitations:
a. Rezonina is encouraaed to be in the form of a PUD.
b. Allowable land uses:
1) Community facilities such as churches. crouo housina uses. cemeteries.
private schools and colleaes.
2) Child care facilities.
3) Residential dwellina units. not to exceed 306 units.
4) Essential services. as defined in the Collier County Land Develooment
Code. Ordinance Number 04-41. in effect as of the effective date of
adootion of this Subdistrict
5) Parks ooen soace. and recreational uses.
c. The maximum floor area for institutional and other non-residential uses shall
not exceed 368.000 sauare feet
d. Of the 306 dwellina units total. a maximum of ten (10) units shall be reserved
for occuoancv solelv bv church emolovees and church-related personnel and
their families. The 10 church-related dwellina units will be considered
incidental and accessory to the institutional uses within this Subdistrict
e. A reauirement shall be out in place at the time of rezonina/PUD amendment
that all but nine 19\ mobile home units currentlv on site shall be removed from
the subiect orooertv orior to the construction of any housina not reserved for
church-related emolovees. staff and oroaram oarticioants. The nine
remainina mobile home units may serve as temoorary adult care units for
oroaram oarticioants. and shall be removed as they are reolaced bY
permanent residential structures. permanent adult care units. or within
twenty-four 124\ months from the date of adootion of this Subdistrict.
whichever is sooner.
Words underlined are added; words struok through are deleted.
1
Exhibit A
CP-2005-13
f. One hundred forty-seven of the 296 affordable-workforce and market rate
housina units. as they become available. will be offered first to persons
involved in orovidina essential services in Collier County. as defined in the
County's Local Housina Assistance Plan.
a. To achieve the density of aooroximatelv 4.28 dwellina units oer acre. and to
allow develooment of the 192 non-church-related. non-base density dwellina
units. the oroiect shall comolv with one or more of the followina:
1) the Affordable-Workforce Housina Densitv Bonus orovisions of the Collier
County Land Develooment Code. Ordinance Number 04-41 in effect as of
the date of adootion of this Subdistrict: or.
2) be desianated as a Community Workforce Housina Innovation Proaram
ICWHIP) Proiect bv the State of Florida and comolv with all reauirements
and limitations of that desianation. and provide a minimum of eiahtv (80)
essential services personnel dwellina units - comorised of a minimum of
ten 11 Q) dwellina units for those earnina less than 80% of the median
income of Collier County. and a minimum of seventy (70) dwellina units
for those earnina between 80% and 140% of the median income of Collier
County: or.
3) enter into an aareement with Collier County assurina that no fewer than
147 affordable-workforce and market rate housina units are constructed
and. as they become available. will be offered first to persons involved in
orovidina essential services in Collier County. such aareement beina in
effect for not less than fifteen (15) Years. includina a minimum of thirtv-
five (35) dwellina units for those earnina no more than 150% of the
median income of Collier County. and a minimum of twenty-five (25)
dwellina units for those earnina no more than 80% of the median income.
h. No more than 57 market rate dwellina units shall be constructed orior to the
construction of all affordable-workforce housina dwellina units.
L At the time of rezonina/PUD amendment. the maximum occuoancv oer
dwellina unit in the 296 non-church-related dwellina units shall be addressed.
as deemed aoorooriate bY the Board of County Commissioners.
i. At the time of rezonina/PUD amendment. consideration shall be aiven to
increasina the landscaoina reauirements alona The Lord's Way beyond
existina Land Develooment Code reauirements.
k. At the time of rezonina/PUD amendment. the oetitioner shall be reauired to
mitiaate for the oroiect's imoacts uoon affected roadways in accordance with
the concurrency manaaement system and as otherwise determined
aoorooriate bv the Board of County Commissioners,
I. Residential develooment shall be ohased. Phase One develooment is limited
to 147 dwellina units for persons involved in orovidina essential services in
Collier County and 10 church-related dwellina units. Phase Two
develooment will consist of the remainina 149 market rate units for any
Words underlined are added; words stFullk through are deleted.
2
Exhibit A
CP-2005-13
orosoective property owner. plus any units allowed but not constructed durina
Phase One. For the 149 market rate dwellina units in Phase Two. no
Certificate of Occuoancv shall be issued until imorovements to the existina
deficient seament of Davis Boulevard are comolete.
Words underlined are added; words strusk through are deleted.
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THE LORD SWAY
HANWOClC PARK COUt.IERCE CENTER
PREPARED BY; GRAPHICS AND TECHNICAl SUPPORT SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE: 12/2007 FILE: CP-2005-1JA.DWG
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SUB ECT ~ITE
CP 2005t13
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PETITION CP-2005-13
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SWAMP BUGGY GROVNDS
LEGEND
~ SUBDISTRICT
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-79
Which was adopted by the Board of County Commissioners
on the 4th day of December, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of December, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Martha Vergara,
Deputy Clerk