Ordinance 2015-42 ORDINANCE NO. 15-4 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
89-05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE
FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND
MAP SERIES BY REVISING THE LIVINGSTON/PINE RIDGE
COMMERCIAL INFILL SUBDISTRICT TO ADD NEW CAR SALES
USES UP TO 60,000 SQUARE FEET AS AN ALTERNATIVE TO
GENERAL AND MEDICAL USES ON THE SOUTHERN 10 ACRES OF
THE SUBDISTRICT'S NORTHWEST QUADRANT. THE SUBJECT
PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PINE
RIDGE ROAD (CR 896) AND LIVINGSTON ROAD INTERSECTION
IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND
FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20140001282 / CPSS-
2014-2]
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 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, JAZ Real Estate Holdings Company LLC requested an amendment to the
Future Land Use Element to add an alternative use to the Livingston/Pine Ridge Commercial
Infill Subdistrict; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small Scale Amendment; and
WHEREAS, the Subdistrict property is not located in an area of critical state concern or
an area of critical economic concern; and
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WHEREAS, the Collier County Planning Commission (CCPC) on May 7, 2015 and May
21, 2015 considered the proposed amendment to the Growth Management Plan and
recommended approval of said amendment to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Future Land Use Element and Future Land Use Map and Map Series of the
Growth Management Plan on July 7, 2015; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this small scale amendment to the
Future Land Use Element and Future Land Use Map and Map Series in accordance with Section
163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and
incorporated herein by reference.
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
determining this adopted amendment to be in compliance. 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 state land planning
agency.
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0V3
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this --4 44' day of ) , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
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DWIGHT' K, CLERK COLLIER COUNTY, FLORIDA
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Allis BY: / ed,a4tee__
dip ..c Deputy - : ��� TIM NANCE, Chairman
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Approved as to form and Legality:
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�eidi Ashton-Cicko, Ltyv
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment& Map Amendment
This ordinance filed with the
Secretory of Stptq's Office he
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and ocknowledgernent qfthat
fiiin• received this qta'� day
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C PSS-2014-2/P L20140001282
EXHIBIT A
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
*** *** *** *** *** *** *** *** *** *** *** ***
I. URBAN DESIGNATION
*** *** *** *** *** *** *** *** *** *** *** ***
C. Urban Commercial District
This District is intended to accommodate almost all new commercial zoning; a variety of
residential uses, including higher densities for properties not located within the Urban Coastal
Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses.
*** *** *** *** *** *** *** *** *** *** *** ***
3. Livingston/Pine Ridge Commercial Infill Subdistrict:
This Subdistict consists of two parcels; one parcel consists of 17.5 acres and is located at the
southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor
arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest
quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the
intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal
services and employment for the surrounding residential areas within a convenient travel
distance and to provide commercial services in an acceptable manner along a new collector
roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public
use and high density residential properties and will utilize well-planned access points to improve
current and future traffic flows in the area.
*** *** *** *** *** *** *** *** *** *** *** ***
b. Northwest Quadrant
The feasibility of interconnections to the abutting properties to the North and West will be
considered and, if deemed feasible, will be required during the rezoning of the subject property.
This quadrant shall be limited to general and medical office uses, provided that the total building
square footage does not exceed 40,000 square feet and/or on the southern 10 acres labeled on
the map as Auto Dealership Overlay, New car sales not to exceed 60,000 square feet building
area are allowed. Building height shall be limited to three stories with a 50 foot maximum
height.
CPSS-2014-2 Exhibit A text rev.
G:ACOES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2014 Cycles&Small Scale Petitions\2014 Small-Scale Petitions CPSS-2014-2 LivPD Coml-add car
dealership Exhibit A lexl&maps dw/5-21-1:5
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Row of asterisks (*** *** "*") denotes break in text.
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EXHIBIT A PETITION CPSS-2014-2
LIVINGSTON / PINE RIDGE COMMERCIAL INFILL DISTRICT
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SUBDISTRICT
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AUTO DEALERSHIP OVERLAY
PORTION OF SUBDISTRICT
PREPARED BY: GIS/CAD MAPPING SECTION 0 300 FT. 600 FT. o_ A (10 ACRES)
GROWTH MANAGEMENT DEPARTMENT
DATE: 5/2015 FILE: CPSS-2014-2.DWG
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior 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. 15-42, which was filed in this office on July 9, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/1b
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