Ordinance 2015-22 ORDINANCE NO. 15- 2 2
AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE
UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA,
SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN
ELEMENT AND IMMOKALEE AREA FUTURE LAND USE MAP TO ADD
APPROXIMATELY 24.99 ACRES TO THE SR-29 AND JEFFERSON
AVENUE COMMERCIAL SUBDISTRICT OF THE URBAN-
COMMERCIAL DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF
UP TO 162,000 SQUARE FEET OF C-1 (COMMERCIAL PROFESSIONAL
AND GENERAL OFFICE DISTRICT), C-2 (COMMERCIAL
CONVENIENCE DISTRICT), C-3 (COMMERCIAL INTERMEDIATE
DISTRICT), AND C-4 (GENERAL COMMERCIAL DISTRICT)
COMMERCIAL USES AS DESCRIBED IN THE LAND DEVELOPMENT
CODE (LDC); TO EXEMPT DEVELOPMENT ON THE SUBJECT SITE
FROM THE ARCHITECTURAL AND SITE DESIGN STANDARDS OF
LDC SECTION 5.05.08, AND THE SIGN STANDARDS OF LDC SECTION
5.06.00; AND TO PROVIDE THAT ARCHITECTURAL, SITE DESIGN
AND SIGN STANDARDS BE ESTABLISHED THROUGH THE
REZONING OF THE SUBJECT SITE; PROVIDING FOR TRANSMITTAL
OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF
WESTCLOX STREET AND STATE ROAD 29 IN SECTION 29,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA. [PL20130001345/CP-2013-8]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly 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, Petitioner, Barron Collier Investments, Ltd., has initiated this amendment to
the Immokalee Area Master Plan Element and Immokalee Area Future Land Use Map; and
[1 4-CMP-0091 5/1 1 51 1 96/1]72-rev.2/5/15 1
Words underlined are additions;Words s#ttek4hfough are deletions
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c.)
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on July 3, 2014, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Map to the Growth Management Plan and transmitted its comments in writing
to Collier County within the time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; 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 public
hearings of the Collier County Planning Commission held on January 15, 2015, and the Collier
County Board of County Commissioners held on March 10, 2015; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendment to the Immokalee Area Master Plan Element and Immokalee Area
Future Land Use Map, attached hereto as Exhibit "A" and incorporated herein by reference, is
hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted
to the Florida Department of Economic Opportunity.
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
[14-CMP-00915/1151196/1]72-rev.2/5/15 2
Words underlined are additions; Words struck struek-thfeugh are deletions
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GT
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced 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 ULY ADOPTED b the Board of County Commissioners of Collier
County, Florida this /0'day of 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
l �
A ".' 45!, 'S TIM NANCE, Chairman an
°r-signature drily..
Approved as to form and legality:
Heidi Ashton-Cicko ,y
Managing Assistant County Attorney
Attachment: Exhibit A—Text and Map Amendment
This ordinance tiled with tt
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[14-CMP-00915/1151196/1]72-rev.2/5/15 3
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Exhibit A
C P-2013-8
URBAN DESIGNATION [Page 16]
B. Urban — Commercial District
1. Commercial Subdistrict— S.R. 29 and Jefferson Avenue
The purpose of this Subdistrict is to provide for retail and office uses, transient lodging
facilities and highway commercial uses that serve the needs of the traveling public.
Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4
Commercial Zoning Districts, as identified in the Collier County Land Development Code.
These commercial uses must be located on a major arterial or collector roadway.
A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land
Development Code must be met for future development within the Commercial Subdistrict
along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and
7905N; and, 6929.
B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land
Development Code must be met for future development within the Commercial Subdistrict
along Jefferson Avenue as identified on Zoning Map 6933S.
C. That portion of the Subdistrict located at the northwest quadrant of the intersection of
Westclox Street and S.R. 29 shall be rezoned in the form of a Planned Unit Development
(PUD). The PUD shall include an appropriate list of commercial land uses designed to
serve the needs of the Immokalee community. Development within this portion of the
Subdistrict shall not be required to meet the specific architectural and site design standards
for commercial development required for PUDs, identified in Section 5.05.08, and the
signage requirements of Section 5.06 of the Collier County Land Development Code;
however, the PUD shall include specific site design and building architectural and signage
standards for the commercial development.
Non-commercial Uses
In addition to those mixed-uses permitted within the Commercial Designations, uses such as
parks, open space and recreational uses, churches, libraries, cemeteries, public and private
schools, day-care centers and those essential services as defined in the Land Development
Code.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 13, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Anne P. Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-22,which was filed in this office on March 12, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us