Ordinance 2000-066ORDINANCE NO. 2000
AN ORDINANCE AMENDING THE IMMOKALEE AREA
MASTER PLAN ELEMENT OF ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA; TO DELINEATE AN URBAN INFILL AND
REDEVELOPMENT AREA TO THE IMMOKALEE AREA
MASTER PLAN AND THE IMMOKALEE FUTURE LAND USE
MAP; AMEND POLICY I1.1.1 TO REFLECT THE INCLUSION
OF SAID URBAN INFILL AND REDEVELOPMENT AREA; ADD
TEXT TO THE LAND USE DESIGNATION DESCRIPTION
SECTION OF THE IMMOKALEE AREA MASTER PLAN TO
INCLUDE SAID AREA UNDER THE NON-INDUSTRIAL USES
DESIGNATION AS A PROVISION TO OVERLAYS AND
SPECIAL FEATURES; AND BY AMENDING THE IMMOKALEE
FUTURE LAND USE MAP TO REFLECT THE URBAN INFiLL
AND REDEVELOPMENT AREA; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, Collier County, pursuant to Section 163.3161, at. 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 Collier County Board of County Commissioners adopted the Immokalee
Area Master Plan, a separate element of the Growth Management Plan on February 5, 1991; and
WHEREAS, in order for local governments to designate a geographic area within its
jurisdiction as an Urban Infill and Redevelopment Area pursuant to Section 163.2517, Florida
Statutes it must amend its comprehensive land use plan to delineate the boundaries under
Section 163.3187 of the Florida Statutes; and
WHEREAS, an amendment to the local comprehensive plan to designate an urban infill
and redevelopment area is exempt from the twice-a year amendment limitation; and ' ':
WHEREAS, the Local Government Comprehensive Planning and Land De~elop~nt,~:~
Regulation Act of 1985 provides authority for local governments to amend their respe~c~ive'~
comprehensive plans and outlines certain procedures to amend adopted compreh;,el~ive p~,lans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and - -
WHEREAS, the Collier County has prepared a Plan Amendment to the Immoka~' '~.;~Are~
Master Plan including the Future Land Use Map to delineate the boundaries of the url~fill~nd
redevelopment area; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for review on October 3, 2000; and
WHEREAS, the Board of County Commissioners requested that the Department of
Community Affairs review the amendment without an objections, recommendations and
comments report as requested by the Department of Community Affairs as a way to fast track
amendments so as to allow municipalities and communities to qualify for grant funds under the
Urban Infill and Redevelopment Assistance Grant Program; and
WHEREAS, Collier County must adopt the proposed amendment to the Growth
Management Plan in an expeditious manner in order to qualify for Urban Infill and Redevelopment
Assistance Grants; 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 Immokalee
Area Master Plan amendment to the Growth Management Plan on October 24, 2000; and
1
Words underl ned are addshone, Words .............~h are deletions
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment to the Immokalee Area Master Plan, including the
following: the Collier County Staff Report and Executive Summary; the document entitled Collier
County Growth Management Plan Amendment (CP-2000-10) 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 October 19, 2000, and the Collier County Board of County
Commissioners held on October 24, 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 THE IMMOKALEE AREA MASTER PLAN
OF THE GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts this amendment to the Future Land
Use Map of the Immokalee Area Master Plan and the amendment to the Land Use Designation
Description Section of the Immokalee Area Master Plan in accordance with Section 163.3184,
Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and the amended
Future Land Use Map of the Immokalee Area Master Plan 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 Immokalee Area Master Plan 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 ,~,,day of ~ , 2000.
ATTEST: ~.
;,. --D'.W. IGH~ Ei BROCK, Clerk
-$tgaature only.
Approved as to form and legal sufficiency:
MARJO~IE M~ ST'UDE-'NT
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY~
BY: U ~
James D. Carter, Ph.D.
Chairman
2
This ordinance filed with the
$~c(~j~tory of .~,tot~'s Office the
dayof
and acknowledgement of thor
filin~g.,received this ~ d,3y
of / v,~.
Words underlined are additions, Words .............u,, are delehons
Exhibit A
Pages 2 and 10 of the Immokalee Area Master Plan will be amended as shown below:
Page 2
Policy I1.1.1:
The Immokalee Master Plan Future Land Use Designation shall include Future Land
Use Districts and Subdistricts for:
Residential Designation
1. Low Residential District
2. Mixed Residential District
3. High Residential District
4. PUP Commercial District
Commercial Designation
1. Commercial District - S.R. 29 and Jefferson Ave.
2. Neighborhood Center District
3. Commerce Center - Mixed Use District
4. Residential Tourist District
Industrial Designation
1. Industrial District
2. Commerce Center- Industrial District
3. Business Park District
D. Overlays and Soecial Features
1, Urban Infill and Redevelopment Area
Page 10
In addition to those industrial uses permitted within the Industrial Designation, uses such
as those essential services as defined in the Land Development Code are permitted.
Overlays and Special Features
1, Urban Infill and Redevelopment Area
The Urban Infill and Redevelopment Area is consistent with criteria outlined in Section
163.2514(2~ (a)-(e). Florida Statutes. The intent of this delineation is to comprehensively
address the urban problems within the area consistent with the goals of this plan. This
designation is informational and has no regulatory_ effect.
Words l, lr~derlined are additions; Words struck thrcugh are deletions
EX]~IBIT B
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T 47 S I T 4.6 S
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:
Which was
the 24th day of
ORDINANCE NO. 2000-66
adopted by the Board of County Commissioners on
October, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 25t~ay~
of October, 2000.
DWIGHT E. BROCK
Clerk of Courts and C1,
Ex-officio to Board of~.~
County Commissioners'
By:
Ellie Hoffman,
Deputy Clerk