Ordinance 2011-28ORDINANCE NO. 2011- 28
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROW'S!
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN
AMENDMENT, SPECIFICALLY AMENDING THE FUTURE
LAND USE ELEMENT TO CHANGE THE SQUARE FO()"l'
LIMITATION IN THE VANDERBILT BEACH RoAD
NEIGHBORHOOD COMMERCIAL SUBDISTRICT F(i)R
CERTAIN USES AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO TIlE
FLORIDA DEP ARTMENT OF ECONOMIC OPPORTUNITY,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
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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, D. Wayne Arnold of Q. Grady Minor and Associates, and Richard D.
Y ovanovich, Esquire of Coleman, Y ovanovich and Koester, P.A. requested an amendment to the
Future Land Use Element of the Growth Management Plan, to modify the language of the
Vanderbilt Beach Road Neighborhood Commercial Subdistrict to allow for a
grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store
and department store use to exceed the 20,000 square feet limitation for a single commercial use,
up to a maximum of 50,000 square feet, for Parcell (9.2::1: acres, zoned Bradford Square MPUD)
only, and with the overall maximum development limitation of 100,000 square feet of
commercial land uses on Parcell to remain; the subject portion of the Subdistrict portion of the
Words stmck through are deletions; words underlined are additions,
* * * * indicate page breaks* * * *
Petition No. CP-2010-1
Rev. 8/09/11
Subdistrict is located at the northeast corner of Vanderbilt Beach Road and Livingston Road, in
Section 31 , Township 48 South, Range 26 East; and
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Future Land Use Element 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 amendments to the Growth Management Plan; and
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 to the Growth Management Plan on September 13,2011; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report; the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the
meetings of the Collier County Planning Commission held on July 21, 2011 and August 4,2011,
and the Collier County Board of County Commissioners held on September 13, 2011; 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 AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN.
The Board of County Commissioners hereby adopts the amendment to the Future Land
Use Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the
amendments are attached hereto as Exhibit "A" and are incorporated by reference herein.
Words struck through are deletions; words underlined are additions,
* * * * indicate page breaks* * * *
2
Petition No. CP-2010-1
Rev. 8/09/11
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 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 state land planning
agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 131l- day of Seft~ 2011.
ATTEST: '
DWI;~~1:J~s~~qc~, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1uJ-W. ~
FRED W. COYLE, Chairman
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Appro~ea' gslo(o fOfm and
1egtr:Y: A
HeIdi Ashton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
This ordinance filed with the
Sec~tary of ~:~~ffice the
~dayof " , 101\
and acknowledgement (At that
filing received this ~ day
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Deputy CIa
CP\ 1 O-CMP-00782\26
Words struck through are deletions; words underlined are additions, 3
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0-0
Petition No. CP-2010-1
Rev. 8/09/11
Exhibit A
CP-2010-1
I. URBAN DESIGNATION
[Page 44]
A. Urban Mixed Use District
16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict
The purpose of this Subdistrict is to provide primarily for neighborhood commercial
development at a scale not typically found in the Mixed Use Activity Center Subdistrict.
The intent is to provide commercial uses to serve the emerging residential development
in close proximity to this Subdistrict, and to provide employment opportunities for
residents in the surrounding area. Allowable uses shall be a variety of commercial uses
as more particularly described below, and mixed use (commercial and residential).
Prohibited uses shall be gas stations and convenience stores with gas pumps, and
certain types of fast food restaurants.
This Subdistrict consists of two parcels comprising approximately 17 acres, located on
the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the
Subdistrict Map. For mixed-use development, residential density shall be limited to
sixteen dwelling units per acre. Residential density shall be calculated based upon the
gross acreage of the Subdistrict parcel on which it is located (Parcel 1 or Parcel 2).
Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a
PUD, Planned Unit Development. At the time of rezoning, the applicant must include
architectural and landscape standards for each parcel.
a. Parcel 1
This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road.
A maximum of 100,000 square feet of gross leasable floor area for commercial uses
may be allowed. Allowable uses shall be the following, except as prohibited above:
retail, personal service, restaurant, office, and all other uses as allowed, whether by right
or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier
County Land Development Code, Ordinance 04-41, as amended, in effect as of the date
of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other
comparable and/or compatible land uses not found specifically in the C-1 through C-3
zoning districts, limited to: general and medical offices, government offices, financial
institutions, personal and business services, limited indoor recreational uses, and limited
retail uses; mixed-use development (residential and commercial uses). The maximum
floor area for any single commercial user shall be 20,000 square feet. except for a
arocery/supermarket. physical fitness facility. craft/hobbY store. home furniture/furnishina
store. or department store use. which shall not exceed a maximum of 50.000 sauare
feet.
(Words underlined are added, words ctruck through are deleted)
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b. Parcel 2
This parcel is located approximately % mile east of Livingston Road and is adjacent to
multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor
area for commercial uses may be allowed. Allowable uses shall be the following, except
as prohibited above: General and medical offices, community facilities, and business
and personal services, all as allowed, whether by right or by conditional use, in the C-1
through C-3 zoning districts as set forth in the Collier County Land Development Code,
Ordinance 04-41, as amended, in effect as of the date of adoption of this Subdistrict
(Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any
single commercial user shall be 20,000 square feet.
At the time of rezoning of Parcel 2, the developer shall provide restrictions and
standards to insure that uses and hours of operation are compatible with surrounding
land uses. Permitted uses such as assisted living facilities, independent living facilities
for persons over the age of 55, continuing care retirement communities, and nursing
homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio
(FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the
eastern property line, abutting the Wilshire Lakes PUD, at a minimum width of thirty (30)
feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan
for that portion of the property fronting Vanderbilt Beach Road as well as that portion
along the eastern property line, abutting the Wilshire Lakes PUD.
In addition to the prohibited uses applicable to both parcels. the following list of uses
shall also be prohibited on Parcel 1.
0742 - Veterinary services for Animal Specialties - Horses are prohibited. other
animals are allowed
0752 - Animal specialty services, except Veterinary (doa aroomina is allowed)
5261 - Retail nurseries. lawn and aarden supply stores
5499 - Poultry dealers - retail and eaa dealers - retail
5531 - Auto and home supply store, except automobile accessory and parts
dealers - retail (no on-site installation)
5813 - Drinkina places (alcoholic beveraaes)
5921 - Liauor stores exceedina 5,000 sauare feet
5932 - Uses merchandise stores
5962 - Automatic merchandisina machine operators
7211 - Power laundries. family and commercial
7215 - Coin-operated laundries and drvcleanina
7216 - Drvcleanina plants, except rua cleanina
7299 - Miscellaneous personal services. not elsewhere classified
Coin operated service machine operations
Comfort station operation
Escort service
Locker rental
Massaae parlors (except those employina licensed therapists)
Rest room operation
Tattoo parlors
Turkish baths
Weddina chapels. privately operated
(Words underlined are added, words struck through are deleted)
2
7389 - Business services. not elsewhere classified. except Appraisers
7623 - Refriaeration and air-conditionina service and repair shops
7629 - Electrical and electronic repair shops, not elsewhere classified
7641 - Re-upholsterv and furniture repair
7692 - Weldina repair
7694 - Armature rewindina shops
7699 - Repair shops and related services. not elsewhere classified
7841 - Adult oriented video tape rental
7993 - Coin operated amusement devices
8641 - Civic. social and fraternal associations
CCPC Recommendation: Not part of the Subdistrict Text
As a condition of approval, and prior to the adoption of this Growth Management Plan
amendment, the owner shall record in the official land records restrictive covenants for
the benefit of surrounding property owners, including the Orchards, Village Walk,
Tiburon at Pelican Marsh and Wilshire Lakes, that will prohibit the prohibited uses
contained within the Subdistrict.
(Words underlined are added, words struck through are deleted)
3
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 2011-28
Which was adopted by the Board of County Commissioners
on the 13th day of September, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of September, 2011.
DWIGHT E. BROCK
Clerk of Courts :;and.,Clerk
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County comm~~io~f;;r:$';. ~ "
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