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Ordinance 2025-15 ORDINANCE NO. 2025- 1 5 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, RELATING TO STAFF- INITIATED REFORMATTING AND SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT AND IMMOKALEE FUTURE LAND USE MAP; DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230017521] 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, staff has prepared an amendment to amend the Immokalee Area Master Plan Element and Immokalee Future Land Use Map of the Growth Management Plan; and WHEREAS, Collier County transmitted the Growth Management Plan amendment to the Department of Commerce for preliminary review on September 19, 2024, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Commerce reviewed the amendment to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Commerce to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and [23-CMP-01206/1916595/11159 GMP Clean Up/PL20230017521 1 of 3 Immokalee Area Master Plan 1/16/25 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these 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 public hearings of the Collier County Planning Commission held on February 20, 2025, and the Collier County Board of County Commissioners held on March 25,2025; 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 AMENDMENT TO AMEND THE IMMOKALEE AREA MAS IER PLAN ELEMENT AND IMMOKALEE FUTURE LAND USE MAP The amendment to amend the Immokalee Area Master Plan Element and Immokalee Future Land Use Map of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Commerce. 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. [23-CMP-01206/1916595/1]159 GMP Clean Up/PL20230017521 2 of 3 Immokalee Area Master Plan 1/16/25 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this a r'`day of , 2025. ATTEST: 9,(7,+ ^ BOARD OF COUNTY COMMISSIONERS CRYSTAL$. KINZEC LERK COLLIER COUNTY,FLORIDA ri M ✓ _a By: _: By: • puV'C'l crk Burt L. Saunders, Chairman Attest as rr ha mans S. t signatuQr�f ' aro_ Approved as to form and legality: IltOtt Heidi Ashton-Cicko 1-1 6-25 Managing Assistant County Attorney Attachment: Exhibit A—Immokalee Area Master Plan Element and Immokalee Future Land Use Map This ordinance filed with the Secretary of St e's ffice the day of and acknowledgeme of that received this day of • By— t vC 123-CMP-01206/I916595/1]159 GMP Clean Up/PL20230017521 3 of 3 Immokalee Area Master Plan 1/16/25 PL20230017521 Exhibit A IMMOKALEE AREA MASTER PLAN (As amended through Ordinance No. 2023-58, adopted November 14, 2023) LAND USE DESIGNATION DESCRIPTION SECTION All of Immokalee is within the Urban designation. The Immokalec Area Master Plan Future Land Use Designations include the following Districts and Subdistricts. The following section describes the land use designations(Districts and Subdistricts)shown on the Immokalee Master Plan 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 district request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or in special studies completed for the County. *** *** *** *** *** *** *** *** *** *** *** A. URBAN—MIXED USE DISTRICT The purpose of this District is to allow residential and nonresidential land uses, including mixed uses. Mixed uses can be located within individual buildings and/or projects in areas deemed appropriate and identified on the FLUM. Nonresidential uses allowed in the Residential subdistricts include,but are not limited to: agriculture,earth mining,oil extraction, and related processing,home-based businesses,parks, recreation and open space uses,churches, libraries,cemeteries, community centers,public and private schools, day-care centers,group housing uses,utility and communication facilities, and essential services, as defined in the Land Development Code, except as may be limited within a specific subdistrict or overlay. Planned Unit Development Commercial Provision New commercial development may be allowed in the Low Residential, Medium Residential or High Residential subdistricts through Planned Unit Development(PUD)zoning,subject to the following limitations: *** *** *** *** *** *** *** *** *** *** *** 1. Commercial—Mixed Use Subdistrict(C-MU) The purpose of this Subdistrict is to provide for pedestrian-scaled,higher density residential and mixed- use development, employment and recreational opportunities, cultural and civic activities,and public places to serve residents of,and visitors to,the Immokalee Urban Area. All types of residential uses are allowed within this Subdistrict,except that mobile homes are only allowed as provided by IAMP Policy 5.1.4. Residential densities are allowed as provided below,except for properties within the Lake Trafford/Camp Keais Strand System Overlay. Nonresidential uses allowed within this Subdistrict include home-based businesses,parks,recreation and open space uses, churches, libraries, cemeteries,community centers,public and private schools, daycare centers,group housing uses,utility and communication facilities,essential services,as defined in the Land Development Code,and those uses allowed in the C-1 through C-4 zoning districts in the Collier County Land Development Code,Ord.No. 04-41, as amended. *** *** *** *** *** *** *** *** *** *** *** DENSITY RATING SYSTEM The Density Rating System is applicable to areas designated Urban -Mixed Use District, as identified on the Immokalee Future Land Use Map. Except as provided below,the The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone) in accordance with the LDC, except as provided below. Density achieved by right(as may be permitted for qualifying Affordable Housing projects) shall not be combined with density achieved through the rezone public hearing process. 1 Words underlined are added;words Doug#are deleted. Row of asterisks (**** **** ****)denotes break in text. Page 1 of 4 1-16-25 PL20230017521 *** *** *** *** *** *** *** *** *** *** *** 2. Density Bonuses *** *** *** *** *** *** *** *** *** *** *** b. Affordable Housing Bonus,By Public Hearing To encourage the provision of affordable housing within certain Subdistricts in the Urban Designated Area,a maximum of up to twelve(12)residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable Housing Density Bonus Ordinance(Section 2.06.00 of the Land Development Code,Ordinance 04-41,as amended),and if the affordable housing units are targeted for families earning no greater than 140%of the median income for Collier County. c. Affordable Housing Bonus,By Right To encourage the provision of affordable housing within that-portion the three Residential Subdistricts of the Urban Mixed Use District,properties zoned A,Rural Agricultural, E,Estates, RSF-1,2, 3,4, 5,6,Residential Single Family, VR, Village Residential,and/or RMF-6,Residential Multi-Family-6,for which an affordable housing project is proposed in accordance with the definitions and requirements of the Affordable Housing Density Bonus Ordinance(Section 2.06.00 of the Land Development Code,Ordinance 04-41, as amended),are entitled to base and bonus densities as follows: 1. For lands designated Medium Residential Subdistrict or High Residential Subdistrict, a maximum of four(4)residential units per gross acre shall be added to the a base density of four(4)dwelling units per gross acre(the base density of 6 and 8 dwelling units per acre listed in those subdistricts, respectively,is not applicable). ,except in the case of 2. For lands designated Low Residential,LR on the IAMP Future Land Use Map(FLUM),wherein the bonus density to be added to the base density of 4 dwelling units per acre shall not exceed 50%of the maximum permitted density of the zoning district for on the subject property. Therefore,the The maximum density that may be achieved by right shall not exceed eight(8) dwelling units per gross acre. Such a project must comprise a minimum of ten acres. The Land Development Code shall be amended to implement this provision. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** REMAINDER OF PAGE INTENTIONALLY LEFT BLANK File location: Exhibit A text GlIPA clean-up3 post-Trans TAMP G G:\COES Planning Services\Comprehensive\Comp Planning GMP OATA\Comp Plan Amendments\2023 GMPAs Large&SS\P120230017521 Clean-up Changes-Text&Maps dw/1-13-2025 2 Words underlined are added;words struck through are deleted. Row of asterisks (**** **** ****)denotes break in text. Page 2 of 4 1-16-25 EXHIBIT A PL20230017521 DRAFT IMMOKALEE FUTURE LAND USE MAP 14 13 i8 i7 15 14 I 13 17 • 22 111 22 19 20 21 22 r 23 24 19 A LR LR mg 3nL 29 28 30 '9 IME ... ,_ ..,„....., Ii "w . '— F:��+a V) ii , .Ai IRA 31 • T RAFFORD k J1Ft I 4,IluIL r le n CR fit6 E Bor I imk. 11C1111k4A,"e Legend 1 Pr .04,. �� 1 ]� `� OVERLAYS AND SPECIAL FEATURES 08 /�4 - k� •'.;\ R r 07 1 O ...else Urban Area Boundary 12 07 (Y �� Colder County Arterial and Connector Roads , ,S 4 — Collar County La®I Roads or 1 O Watlenmt,nectadto Lake Tref.. _.. Camp keaie StreM oemy ni - LR sR-s.mHae Reservation ® Urban Innl and Redevelopment Area FUN' ND USE MAP • ® MU Commercial Overlay • •-ED-FEBRUARY,1801 IMMOKALEE FUTURE LAND USE 1 gIII 10 LR I 15 (( 18 1 URBAN DESIGNATION AMEND-MAT,1gD2 Di URBAN MIXED USE DISTRICT AMENDED-OCIOBER.1BS] �( - RT-Recreation Tourist Subdistrict o n LR-Law Residential Subdislr- AMENDED•OCTC8ER.2000 -'---"' —� -- 0 MR-M.tllum R.I.. •.mama 0 0.25 0.5 1 1.5 AMENDED-MAY,1002 Mlle - HR-High Reside ubdistrict (ORDINANCE NO.2W225) MAP YANG MCP - CMU-Co • .al Mixed Use subdelM AMENDED-JANUARY E,2W] des GlIONRIi MANAGEMENT ENT DEUX fn. (ORDINANCE NO.2002-20) 2 URBAN INDUS- •!STRICT 92 2:0AT ornno=lu,eN Gee s9 ADOPTED-DECEMBER10,2o1B 19 20 21 I Mustnal Mixed Use Subdistrict (ORDINANCE NO.201R1]) -Industrial Subdistrict (Disclaimer:The information provided is to be used for general mapping purpos- •nly. IRA-Immo*Regional Airport Subdistrict I Ground surveying and records search must be used for absol •_-,• •Wins/acre.. - EXHIBIT A PL20230017521 DRAFT IMMOKALEE FUTURE LAND USE MAP 15 14 13 18 17 16 15 14 :_. _ i 18 17 22 23 24 19 20 I • I 21 22 23 24 19 0 A LR LR 26 25 3; 29 28 25 30 e9 rr II PM 1[ A 31 _`Irma�y�, '`�"�.r����111E-11! E-16: �;�im...s.,,,,. :. . . 4 'A,. ,/..I:4 IRA • gr* � •will Ar.LI III IN I CR 840E R \Y . I , la, . i 'Legend iPfr�'i. • URBAN DESIGNATION ` ��r BAN MIXED USE DISTRICT //' —'� e RT-Recreational/Tourist Subdistrict 12 07 p� 07 I 0 LR-LowResidentialSubtstrid - 4e�j MR-Medium Resd.TS.l Subdistrict FUTURE LAND USE MAP �p�,���/�/ - HR-High Residential Subdistrict A MI rIM: - CMU.Commercial Mixed Use subdAtr'In _. No r2e�e1w s15 CC LR Text Only Transit Oriented Development Subdistrict ANE'aeDxo.vaa,)tee2 URBAN INDUSTRIAL DISTRICT ® w-mapem.ISUbmao-lpt AMENDED a«=°Bm'e.19e' LR 15 .. 18 1 IMU Industrial Mixed Use Subdistrict 1 AMENDED-OCTOBER 2e OI - IRA-Immok.be Regional Airport Subdistrict tom Na 2mpeel Sg00 z OVERLAYS AND SPECIAL FEATURES AN pro NAN2002 51 0 Immokele.Urban Area Boundary AN DED JANUARY 25 , 0 0.25 0.5 1 1.5 EN ae.�.:W,-m1'a" Miles ... Collier County Arterial a.Conn.ctor Roads AV 19 GIS MAPPING:BETH YANG,AICP Collier County Local Roeda ENDpp w�201242)o m GROWTH MANAGEMENT DEPARTMENT OA DEO NOVENSERt a FILE;OM Immukal•.Future Lad U.Mep.mad Lake Trafford/Camp Keats Strand System Ov.day me 50.Pre V zpuseID.202 DATE:032024 I 21 MI SR-Seminole Resarvation 24 • Urban Intiu end Redevelopment Area A xu1 Ly ® ( NOTE: THIS MAP CAN NOT BE INTERPRETED WITHOUTOBJECTIVES,POLICIES ® IMu Commercial mm.lpial Overlay LAND USE DESIGNATION DESCRIPTION SECTION OF THE IMMOKALTIAREA ASTER PLAN. Page 4 et 4 7; I I • 1-16-z5 `. mu �,,, s. _ ....4*-- , • FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State March 26, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-15, which was filed in this office on March 26, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270