Ordinance 99-16 ORDINANCE NO. 99- ~ ~;
AN ORDINANCE AMENDING THE FUTURE LAND USE
ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE
COLLIER COUNTY GROVVTH MANAGEMENT PLAN, FOR
J~, THE UNINCORPORATED AREA OF COLLIER COUNTY,::!~-':
,~%~j FLORIDA; BY DELETING THE COMMERCIAL UNDER',--:=:!,
..... CRITERIA SECTION AND BY ADDING A NEW '?:
~,~C,_.rc~,x)E~ SUBDISTRICT ENTITLED OFFICE AND IN-FILL
C~eT~ COMMERCIAL SUBDISTRICT; AMENDING THE FUTURE ..
O~ ~0~6 LAND USE MAP; PROVIDING FOR SEVE~BILI~; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 183.3181, et. seq., Florida Statut~e
Florida Local Government Comprehensive Planning and Land Development Regulation Act, wa~
required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County CommiBsioners adopted the Collier
Coun~ Gro~h Management Plan on Janua~ 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Developmgnt
Regulation Act of 1985 provides authority for Io~1 governments to amend their respective
comprehensive plans and outlines ce~ain procedures to amend adopted comprehensive plans
pursuant to Sections 183.3184 and 183.3187, Florida Statutes; and
WHEREAS, Collier County submitted the 1998-1997 Gro~h Management Plan
Amendments, which included a provision to delete the Commercial Under Criteria Section of the
Land Use Designation Description Section of the Future Land Use Element and replace said
provision with the O~ce and In-fill Commercial Subdistrict as a pa~ of the amendments to the
Future Land Use Element, to the Depa~ment of Community Affairs for prelimina~ review on April
29, 1997; and
WHEREAS, the Depa~ment of Community Affairs did review and make wri~en objections
to the Future Land Use Element Amendments to the Gro~h Management Plan and transmitted
the same in writing to Collier County within the time provided by law; and
WHEREAS, no objections were made by the Depa~ment of Community Affairs relative to
the O~ce and In-fill Commercial Subdistrict, as contained in the Future Land Use Element
Amendments to the Gro~h Management Plan; and
WHEREAS, the Board of Coun~ Commissioners of Collier County adopted the Future
Land Use Element Amendments to the Growth Management Plan on October 28, 1997; and
WHEREAS, the Future Land Use Element, adopted October 28, 1997, is not in compliance
and subsequently the O~ce and In-fill Commercial Subdistrict is not in effect; and
WHEREAS, this amendment, the O~ce and In-fill Commercial Subdistrict, to the Future
Land Use Element, will provide for the adoption of the same subdistrict as a pa~ of the existing
Future Land Use Element, as amended; and
WHEREAS, the Board of County Commissioners of Collier Coun~ did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of this Future
Land Use Element Amendment to the Growth Management Plan on Februa~ 23, 1999; and
WHEREAS, Collier Coun~ has gathered and considered information supposing the
adoption of this amendment to the Future Land Use Element, and information preBented and
made a pa~ of the record at the meetings of the Collier County Planning Commission held
Februa~ 4, 1999, and the Collier County Board of County Commissioners held on Februa~ 23,
1999; and
Words underlined are additions; Words struck thrcuGh are deletions
WHEREAS, all applicable substantive and procedural requirements of law have been met;
and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENT TO FUTURE LAND USE ELEMENT OF THE
GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts this amendment to the Future Land
Use Map of the Future Land Use Element and the amendment to the Land Use Designation
Description Section of the Future Land Use Element in accordance with Section 163.3184, Florida
Statutes. The text of the amendment is attached hereto as Exhibit "A" and the amendment to the
Future Land Use Map of the Future Land Use Element is attached hereto as Exhibit "B", all of
which are incorporated by reference herein.
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 amendment to the Future Land Use Element shall be the date a
final order is issued by the Department of Community Affairs or Administration Commission finding
the Element 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
.... Attest
· =" rl~an' s Chairwoman
: ~p~ove~ a4 ~o.f6rffi and legal sufficiency: This oral{nonce {;{c~ w~'q'~ ~'~
MARJO~E M. STUDEN+
Assistant County Attorney
Words underlined are additions; Words struck thrcuGh are deletions
EXHIBIT "A"
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Office and In-fill Commercial Subdistrict
The intent of this Subdistrict is to allow low intensiW o~ce commercial or in-fill
commercial development on small parcels within the Urban-Mixed Use District
located alon~ a~erial and collector roadways where residential development, as
allowed by the Densi~ RatinR System, may not be compatible or appropriate,
Lower intensity o~ce commercial development a~racts low tra~c volumes on the
abuttin~ roadway(s) and is Renerally compatible with nearby residential and
commercial development. The criteria listed below must be met for
any project utilizinR this Subdistrict, For purposes of this Subdistrict, the te~s
"abuts" and "abuttinR" excludes inte~eninR public streets, easements (other than
utilities) or riRhts-of-way, except for inte~enin~ local streets. The term "commercial"
refers to C-1 throuRh C-5 zoninR districts and commercial components of PUDs.
a. The subject site abuts a road classified as an aderial or collector as identified on
the Five Year Future Tra~c Circulation Map, as contained in the Tra~c
Circulation Sub-Element;
b~ The site utilized for commercial use is 12 acres or less in size, and the balance
of the prope~ in excess of 12 acres, if any, is limited to an environmental
consedation easement or open space;
c~ The site abuts commercial zoninR;
(i) on one side and non-commercial zonin~ on the o~er Side: or,
(ii)on both sides;
d. The depth of the requested commercial use does not exceed the depth of the
abuffinR commercial parcel(s);
e~ Project uses are limited to o~ or low Intensi~ ~mmerclah except for land
abuttin~ commercial zoninR on both sides, as provided for in subsection (c)
above, the proiect uses may include those of the hiRhest intensi~ abuttinR
commercial zonin~ district;
Words underlined. are additions; Words -,,trJcP, thr=ugh are deletions
f. The parcel in question was not created to take advantage of this provision and
was created prior to the original adoption of this provision in the Growth
Management Plan on October 28, 1997;
g. At time of development, the proiect will be served by central public water and
sewer facilities; and
h. The project will be compatible with existing land uses and permitted future land
uses on surrounding properties,
i._ For those sites that have existing commercial zoning abutting one side,
--. commercial zoning used pursuant to this subsection shall only be applied one
time to serve as a transitional use and will not be permitted to expand,
The maximum acreage eligible to be utilized for the Office and Infill Subdistrict
within the Urban-Mixed Use District is 250 acres,
Words underlined are additions; Words :t.-_'-..k thr:'.:'Gh are deletions
4
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 copy of:
ORDINANCE NO. 99-16
Which was adopted by the Board of County Commissioners on the
23rd day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of February,
1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk,
Ex-officio to Board of
County Commissioners
By: Lisa Steele, I.
Deputy Clerk