Ordinance 2000-033ORDINANCE NO. 2000-
AN ORDINANCE AMENDING THE FUTURE LAND USE
ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA; BY AMENDING THE TEXT FOR ACTIVITY
CENTER NUMBER NINE; AMENDING MAP ENTITLED
ACTIVITY CENTER #9; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
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 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, R. Bruce Anderson, representing Bonita Bay Properties and Frank X.
Homan, has submitted an application to the Collier County Planning Services Department to
amend the Future Land Use Element by changing the text and map of Activity Center Nine,
located at the northwest corner 1-75 and Collier Boulevard, formerly known as County Road 951.
WHEREAS, Collier County did submit this Growth Management Plan amendment t~_~he
Department of Community Affairs for preliminary review on October 29, 1999; and r-r~
WHEREAS, the Department of Community Affairs did review and did not make writ'~
objections to this Future Land Use Element amendment to the Growth Management Plan ~
transmitted the same in writing to Collier County within the time provided by law; and r~-'
WHEREAS, Collier County has 60 days from receipt of the Objections, Recommen~it~ns,
and Comments Report from the Department of Community Affairs to adopt, adopt with ch~s
or not adopt the proposed amendment 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 this Future
Land Use Element amendment to the Growth Management Plan on May 9, 2000; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment to the Future Land Use Element, including the
following: the Collier County staff report; the Notice of Proposed Change application; the
document entitled Collier County Growth Management Plan Amendment (CP-99-08) and the other
documents, testimony and information presented and made a part of the record at the meetings of
the Collier County Planning Commission held April 20, 2000, and the Collier County Board of
County Commissioners held on May 9, 2000; and
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.
1
Words underlined are additions, Words -..truck through are deletions
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 Activity Center # 9
map of the Future Land Use Element is attached hereto as Exhibits "B", both 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., 3rd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County
this ~ dayof ~ ,2000.
ATTEST:
DWIGHT E. BROCK, Clerk
Stgn ure:: onl. .
Approved as to form and legal sufficiency:
MARJORIE M. STUDENT
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIr~(~YTHY '-~((~OlXJG~A~TI N E,
C rman iY
This ordinance filed with the
Secretary of Stote's Office the
and acknowledgement of that
filing. received this /,~'~J" doy
CP-99-04 Adoption Ordinance
2
Words underlined are additions, Words :truck through are deletions
CP 99-08
EXHIBIT "A"
The factors to consider during review of a rezone petition are as follows:
- Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit
Development. There shall be no minimum acreage limitation for such Planned Unit
Developments except all requests for rezoning must meet the requirements for rezoning in the
Land Development Code.
The amotmt, type and location of existing zoned commercial land, and developed commercial
uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use
Activity Center;
Market demand and service area for the proposed commercial land uses to be used as a guide to
explore the feasibility of the requested land uses;
Existing patterns of land use within the Mixed Use Activity Center and within two radial miles;
Adequacy of infrastructure capacity, particularly roads;
Compatibility of the proposed development with, and adequacy of buffering for, adjoining
properties;
Natural or man-made constraints;
Rezoning criteria identified in the Land Development Code;
Conformance with Access Management Plans for Mixed Use Activity Centers contained in the
Land Development Code;
Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact
Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations
and type, median opening locations and type on the abutting roadway(s), location of traffic
signals on the abutting roadway(s), and internal and external vehicular and pedestrian
interconnections~
Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent
projects;
Conformance with the architectural design standards as identified in the Land Development
Code.
Interchange Activity Center # 9 shall be subject to the requirement of the development of an
Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples.
The IMP process shall be initiated by the property owners and/or their representatives by meeting
with the County planning staff within 60 days of the adoption of this Growth Management Plan
amendment and a £mding of compliance from the Department of Community Affairs. The purpose
of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9.
The Interchange Master Plan shall be adopted by Resolution by the Board of County
Commissioners. All rezones thereafter shall meet the intent of the vision statement.
Subsequent to the development of the vision statement, new projects within Activity Center # 9 are
encouraged to have a unified plan of development in the form of a Planned Unit
Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full
array of cormnercial uses; residential and non-residential uses; institutional uses; Business Park;
hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the
northeast, southwest .and southeast quadrants. The mix and intensity of land uses shall meet the
intent of the vision statement and be defined during the rezoning process. The entire Interchange
Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses
referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the
total acreage (632.5 ac.) of .Interchange Activity Center # 9. The factors to consider during review of
a fezone petition shall be in compliance with the vision statement and those included for the Mixed
Use Activity Center.
For residential development, if a project is within the boundaries of an Interchange Activity Center
which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation,
Words underlined are additions, words :~-'-:k '~.~r:~:g~ are deletions.
CP 99-08
up to 16 residential units per gross acre may be permitted. This density may be dislxibuted
throughout the proiect, including any portion located outside of the boundary of the Activity Center.
Words underlined are additions, words :~-'-ck '~-wug~ are deletions.
EXHIBIT "B"
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. 2000-33
Which was adopted by the Board of County Commissioners on
the 9th day of May, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th day
of May, 2000.
DWIGHT E. BROCK · o~ '
Clerk of Courts and Cl~rk
Ex-officio to Board ~of~
County Commissioners
By: Karen Schoch,
Deputy Clerk