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Ordinance 93-35 ORDINANCE NO. 93-?_~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY. LAND DEVELOPMENT CODE, AS AMENDED, WHICH ESTABLTSHES THE COMPREHENSIVE ZONING REGULATIONS FOR T~E UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER MB5C; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE C-l, COMMERCIAL PROFESSIONAL ZONING CLASSIFICATION TO THE RMF-12, RESIDENTIAL MULTIPLE FAMILY ZONING CLASSIFI(~%TION WITH A DENSITY CAP OF SIX (6) UNITS PF.R ACRE, AS DETERMINED BY THE BOARD OF CO~TY COMMISSIONERS TO BE APPROPRIATE AND TO BE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN, PURSUANT TO OBJECTIVE 1 AND RELATED POLICIES AND POLICY 3.1.K OF THE USE ELEMENT AND THE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN, FOR PROPERTY LOCATED ALONG WATERWAY DRIVE AND BALD EAGLE DRIVE (CR-953) ON MARCO ISLAND; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section l(f) of the Constitution of Florida confers on counties broad ordinance-making power when not inconsistent with general or special law; and WHEREAS, Chapter 125.01, Florida Statutes, confers on all counties in Florida general powers of government, including the ordinance-making power and the power to plan and regulate the use of land and water; and WHEREAS, On January 10, 1989, Collier County adopted the collier County Growth Management Plan as its Comprehensive Plan ~ pursuant to the requirements of Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Plannkng and Land Development Regulation Act of 1985 and Chapter ~ 9J-5, Florida Administrate[ye Code, also known as the Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance; and WHEREAS, the Board of County Commissioners of Collier County finds that development fo~= which zoning has already been approved by Collier County and pot(~ntial zoning within Urban Designated · Areas of the Collier County Growth Management Plan will accommodate approximately 350,000 dwelling units in the . unincorporated Coastal Urban Area of Collier County, and that commercial zoning in excess of 4,600 acres has been approved, while the Capital Improvement Element of the Growth Management Plan would serve only a fraction of the planned and approved, yet unbuilt, development~ and WHEREAS, because of these estimates and projections, the Future Land Use Map and Element of the Collier County Growth Management Plan and the Support Documents project and provide for over 60 years of growth while the Capital Improvement Element of the Collier County Growth Management Plan provides for only five (5) years of funding and only ten (10) years of needs and deficiency assessments for public facilities for all categories, except that roads are also in the process of being tentatively planned for up to 25 years of growth~ and WHEREAS, as a result of the realization of this serious and significant imbalance between planned land uses and planned public facilities by the Board of County Commissioners of Collier County, the Board of County Commissioners of Collier County finds that Collier County faces real, serious and imminent problems that will result from the planned and approved, yet unbuilt, development in that it exceeds the financial resources of Collier County to fund projected carrying capacity of the existing and planned public facilities of Collier County and that it is inconsistent with the existing and desired community character of Collier County~ and WHEREAS, at the time of adoption of the Growth Management Plan, the Board of County Commissioners of Collier County recognized the need to balance evacuation capability and the at-risk population in the Hurricane Vulnerability Zones in Collier County by limiting or reducing the maximum permitted densities in those zones to ensure that the population at risk in those zones of high risk ¢lould safely evacuate during the time of a hurricane event~ and WHEREAS, the Board of County Commissioners of Collier County acknowledged the report of' the Regional/Urban Design Team for the 2 Naples area dated April, 1987 and subsequent recommendations of the R/UDAT Citizen Committee and approved a revised commercial allocation system to promote superior urban design by managing road access, avoiding commercial strip development, improving overall traffic circulation patterns and providing community focal points; and WHEREAS, the Growth ~nagement Plan, through the Future Land " Use Map and the Goals, Objectives and Policies, strives to coordinate land use with the provision of adequate roads, sewer, water, drainage facilitief~, solid waste facilities and parks and recreation opportunities; coordinate coastal population densities with the Regional Hurrica~e Evacuation Plan; and discourage unacceptable levels of urban sprawl; and WHEREAS, the cost to the public and Collier County to provide adequate public facilitief~ for planned and approved, yet unbuilt, development is too great of a financial burden and would cause the public and Collier County undue fiscal hardship; and WHEREAS, additionally, the Board of County Commissioners of Collier County recognizes that if a substantial amount of the unimproved property were allowed to develop and be constructed under existing zoning districts inconsistent with the Growth Management Plan, it would encourage urban sprawl, promote strip commercial development, negatively impact the character of residential neighborhoods and commercial areas, and force Collier County to make premature ad hoc land use commitments; and WHEREAS, Collier Counts~ has attempted to address these problems by including several provisions in the Collier County Growth Management Plan, in¢:luding Objective i and related Policies and Policy 3.1.K of the Future Land Use Element of the Collier County Growth Management Plan, and by providing that land · development regulations be adopted and contain provisions to ~ implement the Collier County Growth Management Plan and include at a minimum, inter alia, the establishment of a Zoning i. Reevaluation Program for unimproved property that shall be carried out by January 10, 1991 for all commercially zoned and non-residential property and by January 10, 1992 for all other property~ and WHEREAS, Objective I of the Future Land Use Element requires all nuw or revised uses of land to be consistent with designations outlined on tl~e Future Land Use Map~ and WHEREAS, Policy 3.1.K ¢)f the Future Land Use Element of the Collier County Growth Mana~lement Plan furthermore provides for the rezoning of inconsiste~lt, unimproved properties to a zoning district consistent with the Growth Management Plan~ and WHEREAS, pursuant to S~¢. 163.3194(3)(a), ~, land development regulations shall be consistent with the Comprehensive Plan if the ].and uses, densities or intensities, and other aspects of develc~pment permitted by such regulations are compatible with and fuz~her the objectives, policies, land uses, and densities or intE~nsities in the Comprehensive Plan and if it meets all other critE~ria enumerated by the local government~ and WHEREAS, in order to comply with the foregoing authorities, findings and the Act, it is. necessary to rezone large areas in the unincor~orated portion of Collier County to zoning districts consistent with the Growth Management Plan~ and WHEREAS, the zoning amendment herein will implement Objective One and related Policies and Policy 3.1.K of the Future Land Use Element and Future Land Uss Map~ and WHEREAS, the owners of the herein described properties have not submitted an application as provided for in Section 2.4 (Exemptions), Section 10 (Compatibility Exception), and Section 11 (Determination of Vested Rights) of the Zoning Reevaluation Ordinance, or have submitted an application and it was not granted~ and WHEREAS, Policy 3.1.K of the Future Land Use Element of the Growth Management Plan and 'the Stipulated Settlement Agreement in DOAH Case No. 89-1299 GM require commercially and industrially 4 zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1991, and require residentially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1992; and W~EREAS, the zoning amendment herein will bring the zoning of the herein described properties into consistency with Objective 1 and related Policies and Policy 3.1.K of the Future Land Use Element and th~ Future Land Use Map of the Growth Management Plan; and WHEREAS, development permitted under the RMF-12 zoning district with a density cap at 6 units/acre will not generate excessive noise, glare, odor or traffic impacts upon the nearby surrounding area; and WHEREAS, development in the nearby surrounding area will not generate excessive noise, glare, odor or traffic impacts upon development permitted on the subject property under the RMF-12 zoning district with a density cap at 6 units/acre; and WHEREAS, development of the subject site with 6 multi-family units/acre yields approximately 90 units which could generate approximately 522 trips/day, based upon the ITE Trip Generation Manual figure of approximately 5.8 trips per day per multi-family unit; and WHEREAS, the aforementioned traffic generation would not cause excessive traffic congestion on roads in the surrounding area; and · ~!... WHEREAS, the level of e~isting traffic on roads in the ~!~ surrounding area would not have an adverse impact on the RMF-12 '~ zoning district with a density cap at 6 units/acre; and WHEREAS, the scale and character of development existing and permitted within the nearby surrounding area includes two and three-story multi-family projects, single family dwellings, and a mobile home park; and WHEREAS, the scale and ,=haracter of development permitted under the RMF-12 zoning dis'=rict with a density cap at 6 units/acre - a multi-family project with structures at a maximum height of 50 feet - is not out of scale or out of character with the existing land uses and needs of the nearby surrounding neighborhood~ and WHEREAS, the land use patterns, densities and intensities allowed on the subject prop.~rty under the RMF-12 zoning district with a density cap at 6 uni'=s/acre are compatible with those existing on properties with.Ln the nearby surrounding area~ and WHEREAS, development on the subject property under the RMF-12 zoning district with a density cap at 6 units/acre will not adversely impact the nearby surrounding area~ and WHEREAS, development on the subject property under the RMF-12 zoning district with a density cap at 6 units/acre will not be adversely impacted by the n,aarby surrounding area~ and WHEREAS, the Collier County Planning Commission has reviewed this zoning ordinance and has found it to be consistent with the Growth Management Plan as r~quired by Sec. 163.3194(2), Florid~ s~a~u~es. NOW, THEREFORE, BE IT O]~AINED by the Board of County Commissioners of Collier County, Florida that= The zoning classificati¢)n of the herein described real property, located along Wat~rway Drive and Bald Eagle Drive on Marco Island, Collier County, Florida, is changed from the C-1, Commercial Professional Zon~ng District to the RMF-12, Residential Multiple Family Zoning District with a density cap at 6 units per acre and the Official Zoning Atlas Map Number MB§C, as described in Ordinance Number 91-102, the Collier County Land Development Code, as amended, is hereby amended accordingly= Lots I through 7 and Tract B, Block 799, Marco Beach Unit 6, Tract L Replat, according to the plat thereof, recorded in Plat Book 12, Pages 55 and 56 of the Public Records of Collier County, Florida. ~ Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22nd day of June , 1993. :iia oF co Y CO ZSSZO E ~' :' ' : ~ BU](T L. SAUNDERS, CHAIRMAN O~ ockno~e~*~nt of.that 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. 93-35 which was adopted by the Board of County Commissioners on the 22nd day of June, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of June, 1993. ,~ ~, .. .. WIGHT E. BROCK t, ':, " Clerk of Courts and Cl~'~' ~ ' "....~, ! . Zx-offtcto to Board of~.-~..' "~'' ' '. County Commissioners .'-~ .. : ~ 1~¥: /s/Maureen Kenyon .,.' ". ,4' Deputy Clerk /J [;~1 'J ~l '~.