Ordinance 2015-32 ORDINANCE NO. 15- 3 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 FUTURE LAND USE ELEMENT AND
FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE
VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE
DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY
OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY:
UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A
MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS, UP TO 250,000
SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL, AND AN
ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE
COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED
USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL
INTERMEDIATE ZONING DISTRICT, AND THREE PERMITTED USES
AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL
ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS
DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE
RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE
SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST
BOULEVARD AND U.S. 41 (TAMIAMI TRAIL EAST) IN SECTION 32,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 30.68±ACRES, [PL20130001767/CP-2013-10]
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, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D.
Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA on behalf of Global Properties,
LLC, have initiated this amendment to the Future Land Use Element and Future Land Use Map
and Map Series; and
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CA
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on November 10, 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 Element 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 March 19, 2015, and the Collier
County Board of County Commissioners held on April 28, 2015, May 26, 2015, and June 9,
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 Future Land Use Element and Future Land Use Map and Map
Series 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.
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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 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 ANDULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 9 day of 1 u_r-u Q_ 2015.
AT` :Via r, BOARD OF COUNTY COMMISSIONERS
Di*IGFIT.E:-BiZeKK, CLERK COLLIER COUNTY, FLORIDA
/ er,,a.,.
,. - . • 111IP C. BY
' 41-4 TIM NANCE, Chairman
Aft oa ttMairman's
signature only.
Ap oved as to form and legality:
di A CI,
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Text and Maps
This ordinance filaa with "OW
r, ry of t tos °f#G
) by of�,
and acknowledgeme •f at
filin. eceived his '' •ay
of A` ,4 i .
PleiMarla
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PL20130001767 CP-2013-10
EXHIBIT "A"
FUTURE LAND USE ELEMENT
[Page 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. Residential Mixed Use Neighborhood Subdistrict
8. Orange Blossom Mixed-Use Subdistrict
9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict
10. Henderson Creek Mixed-Use Subdistrict
11. Research and Technology Park Subdistrict
12. Buckley Mixed-Use Subdistrict
13. Commercial Mixed Use Subdistrict
14. Livingston/Radio Road Commercial Infill Subdistrict
15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict
16. Collier Boulevard Community Facility Subdistrict
17. Vincentian Mixed Use Subdistrict
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12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD
Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential
Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed
Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed
Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial
Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed
Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict,
Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict,
Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill
Subdistrict, Commercial Mixed Use Subdistrict, Livingston RoadNeterans Memorial Boulevard
Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange
Blossom/Airport Crossroads Commercial Subdistrict, in the Bayshore/Gateway Triangle
Redevelopment Overlay; and, as allowed by certain FLUE policies.
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[Page 46]
17. Vincentian Mixed Use Subdistrict
This Subdistrict contains approximately 30.68 acres, is located on the south/west side of Tamiami
Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this
Subdistrict is to allow for neighborhood, community, and regional commercial development; residential
development; and mixed use (commercial and residential) development.
The Subdistrict is intended to include 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. The property may be developed entirely as commercial, entirely as residential, or
as a mixture of residential and commercial uses.
The development of this Subdistrict shall comply with the following restrictions, limitations and
standards:
a. Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the
C-3 zoning district, both by right and by conditional use, as listed in the Collier County Land
Development Code in effect as of the date of adoption of this Subdistrict. Additionally, the
following uses are allowed:
1. Department store (5311),
2. Hotel (7011, hotel only),
3. Dental laboratories (8072), and
4. Nursing and personal care facilities (8051).
b. Additional use restrictions and intensity standards:
1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area
(GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6).
Additionally, for every acre, or portion thereof, of hotel or ALF, the maximum allowable
commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional
amount under an acre.
2. Residential development shall be limited to a maximum density of 7.3 units per acre,
calculated on the gross acreage of the property exclusive of any commercial portions, for a
maximum of 224 multi-family dwelling units.
3. If the project is developed as mixed use (residential and commercial uses), the residential
density allowance is as provided for in Number 2. above, and the commercial portion of the
project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of
commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally,
for every acre, or portion thereof, of hotel or ALF, the maximum allowable commercial GFA
shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre.
4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a
convenience store) is prohibited; however, accessory fuel pumps in association with a grocery
store (SIC 5411) or membership warehouse type facility (5311, 5331) greater than 15,000
square feet of GFA are allowed.
5. A recreational site for the use of the adjacent RV or mobile home parks may be developed on
a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse,
and tennis courts.
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c. Site Development:
1. Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development
(PUD). The rezone ordinance shall contain development and design standards to ensure
compatibility with internal uses as well as adjacent external uses, and shall include additional
restrictions and standards necessary to ensure that uses and hours of operation are
compatible with surrounding land uses.
2. The subject site will be developed with a common architectural and landscaping theme, to be
submitted with the first Site Development Plan.
3. The unified planned development submitted at time of the first Site Development Plan will
reflect internal connectivity through shared parking and cross-access agreements.
4. Pedestrian connections are encouraged, both with perimeter properties, where feasible, and
between internal buildings.
5. At the time of Site Development Plan approval, the required on-site vegetation retention may
be satisfied off-site, pursuant to Policy 6.1.1(13) of the Conservation and Coastal Management
Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site
native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site
is met by land donation to the County, the specific off-site property shall be taken to the Board
of County Commissioners for acceptance. However, a hearing before the Conservation Collier
Land Acquisition Advisory Committee will not be required.
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[Page 141]
Urban Rural Fringe Transition Zone Overlay Map
Orange Blossom Mixed Use Subdistrict Map
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map
Goodlette/Pine Ridge Commercial Infill Subdistrict Map
Henderson Creek Mixed-Use Subdistrict Map
Buckley Mixed-Use Subdistrict Map
Livingston/Pine Ridge Commercial Infill Subdistrict Map
Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map
Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map
Livingston Road Commercial Infill Subdistrict Map
Orange Blossom/Airport Crossroads Commercial Subdistrict
Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map
Corkscrew Island Neighborhood Commercial Subdistrict Map
Collier Boulevard Community Facility Subdistrict Map
Coastal High Hazard Area Map
Coastal High Hazard Area Comparison Map
Vincentian Mixed Use Subdistrict Map
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EXHIBIT A PETITION PL20130001767/CP-2013-10
tAk*1 VINCENTIAN MIXED USE SUBDISTRICT
--- COLLIER COUNTY, FLORIDA
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SCAALE 1 SUBDISTRICT
PREPARED BY: GIS/CAO MAPPING SECTION 0 1000 FT. 2000 FT.
GROWTH MANAGEMENT DIVISIGN /PLANNING AND REGULATION
DATE 7/2014 FILE: CP-2013-10A.OMG --
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 12, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Anne 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. 15-32, which was filed in this office on June 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