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Ordinance 2000-030ORDINANCE NO. 2000- 30 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 ADDING A NEW SUBDISTRICT ENTITLED THE ORANGE BLOSSOM MIXED-USE SUBDISTRICT; ADDING A NEW MAP ENTITLED ORANGE BLOSSOM MIXED-USE SUBDISTRICT; AND AMENDING THE FUTURE LAND USE MAP TO SHOW SAID DISTRICT; 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, Karen Bishop, representing John A. Pulling Jr. and Lucy G. Finch, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element by adding a new subdistrict entitled the "Orange Blossom Mixed-Use ~ .,, . . Subdistrict located on the northeast corner of A~rport-Pull~ng Road and Orange Blossom~!3~--~v~e and on the southeast corner of Airport-Pulling Road and Orange Blossom Drive. _ WHEREAS, Collier County did submit this Growth Management Plan amendment t(~ cr~ Department of Community Affairs for preliminary review on October 29, 1999; and r~ WHEREAS, the Department of Community Affairs did review and did not make writt '~cr~. .. 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 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 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-99-04) 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: 1 ; Words underlined are additions, Words struck thrcugh are deletions 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 additional map of Future Land Use Element and amended Future Land Use Map of the Future Land Use Element are attached hereto as Exhibits "B" and "C", respectively, 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 this C~ day of (~ ,2000. ATTEST: ...... DWIGHT E. BROCK, Clerk ' "., -AtteSt to Chal S signature only. ,. :~pprov as to ~orm and legal sufficiency: M,&,I~,JC~IE M. STUDENT Assistant County Attorney BOARD OF COUN'I'~ COMMISSIONERS COLLIER COUNTY, FLORIDA BY: l TIMC~TI-tiY J. (~O~I$_T_ANTINE, Chairman ~/ Thls brdlnance flied with the /~retary of.SLate's Office the day of o, a fili~g~eceived this CP-99-04 Adoption Ordinance 2 Words underlined are additions, Words struck thrc'.:'~,h are deletions Petition CP-99-04 Amending the Future Lanc[ Use Element - Urban Mixed Use District and amending the Future Land'Use Map to reflect Orange Blossom Mixed - Use Sub-District 1) EXHIBIT "A" Amend the existing Future Land Use Element. The proposed text additions are to Pages 10, 18, 22, and 24: Pa~e 10 Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 8,.9 Goodlette/Pine Ridge Commercial Infill Subdistrict Pa~e 18 I. URBAN DESIGNATION 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict. Words underlined are additions, Words :~.:'ck L~rct:g5 are deletions. Petition CP-99-04 Amending the Future Land Use Element - Urban Mixed Use District and amending the Future Land ~se Map to reflect Orange Blossom Mixed - Use Sub-District Page 22 8. Orange Blossom Mixed-Use Subdistrict The intent of this district is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this subdistrict will promote small scale mixed-use development with a pedestrian orientation to serve the homes both existing and future in the immediate area. This Subdistrict is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small-scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C-l, C-2 and C-3 zoning districts except as noted below. The development of this subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. A unified planned development with a common architectural theme which has shared parking and cross access agreements will be developed. c. Retail uses will be capped at a maximum of 5,000 sq. ft. per acre for the total proiect. d. Office uses will be capped at a maximum of 7,000 sq. ft. per acre for the total project. e. Residential development will be subject to the density rating system. f. Maximum lot coverage for buildings is capped at 17.5% for the total project. g. No more than 25% of the to.tal built square footage will be devoted to single s.tory buildings. h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road and Orange Blossom Road will provide secondar~ accesses facing those streets. i. All four sides of each building must be finished in a common architectural theme. j. A residential component equal to at least 25 % of the allowable maximum base density under the density rating. system must be constructed before the subdistrict completes an aggregate total .of 40,000 square feet retail of office IlSeS. k. Residential units may be located both on the North and South side of Orange Blossom Drive. 1. Integration of residential and office or retail uses in the same building is encouraged. m. Pedestrian connections are encouraged to all perimeter properties where feasible and desired by adjoining property owners. n. No building footprint will exceed 5,000 square feet. Common stairs, breezeways or elevators may join individual buildings. o. No building shall exceed three stories with no allowance for under building parking. p. Drive-through establishments will be limited to banks with no more than 3 lanes architecturally integrated into the main building. q. No gasoline service stations will be permitted. Words underlined are additions, Words :~.:ek '~rcr:g~ are deletions. Petition CP-99-04 Amending the Future Land ,Use Element - Urban Mixed Use District and amending the Future Land Use Map to reflect Orange Blossom Mixed - Use Sub-District r. All buildings will be connected with pedestrian features. s. Twen .ty foot wide landscape Type D buffers along Orange Blossom Drive and Airport-Pulling Road and a 20 foot wide Type C buffer along all other perimeter proper .ty lines will be required. t. Parking areas will be screened from Airport-Pulling Road and Orange Blossom Drive. u. The Office and Infill Commercial Subdistrict provision'is not applicable to any properties adjacent to this Subdistrict. Page 24 Mixed Use Activity Center Subdistrict The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditioanl Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict, and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Words underlined are additions, Words :~.::k ~eugh are deletions. EXHIBIT B PROPOSED AMENDMENT (CP-g9-04) mrs..,,a~ ACTIVITY CENTER BOUNDARY VANI3EIq~LT BEAOPI ~O~ EXT. ~ . VAST B~ ~O~ ~T. ~ . ~ .. :- -.... ~_..~ . ~ ~ ~ ~ . . -'.~ EXHIBIT C T 4" $ I 1' 47 $ I T 48 $ ! g~L J; s Jr, ,J. T48l ~ 6t, I j J TISO$ J sog I T618 Me~%c° S L9 J. 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 fore9oin9 is a true copy of: ~.~ ~= ORDINANCE NO 2000-30 ~ -- Which was adopted by the Board of County Commission~ ~ the 9th day of May, 2000, durin9 Regular Session. ~ c~ 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 Clerk of Courts and .Clerk Ex-officio to Board County Commissioners By: Karen Schoch, Deputy Clerk