Ordinance 2018-23 ORDINANCE NO. 2018- 2 3
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 ADDING THE MINI-TRIANGLE MIXED USE
SUBDISTRICT TO ALLOW CONSTRUCTION OF UP 377 MULTI-
FAMILY DWELLING UNITS, 228 HOTEL SUITES, 150 ASSISTED
LIVING UNITS, AND 200,000 SQUARE FEET OF COMMERCIAL
USES INCLUSIVE OF 60,000 SQUARE FEET OF SELF-STORAGE
AND 30,000 SQUARE FEET OF CAR DEALERSHIP. THE SUBJECT
PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE
INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL
EAST IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
CONSISTING OF 5.35 ACRES; AND FURTHERMORE,
RECOMMENDING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20160003084]
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, Real Estate Partners International, LLC requested an amendment to the
Future Land Use Element and Future Land Use Map and Map Series to create the Mini-Triangle
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 February 15, 2018,
March 1, 2018, and April 5, 2018 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 May 8, 2018; 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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PASSED AND. JJLY ADOPTED by the Board of County Commissioners of Collier
County, Florida this gg``II''` day of I"Y .( , 2018.
ATTEST: BOARD OF CO TY COMMISSIONERS
DWIGIJT'P~ BROCK, CLERK COLLIER C. , FLORI
/
`► C WA 0 Cr •,..9BY: A /
- ' �; @� ` erk ANDY SOLIS, Chairman
Attest as t9 . _r
signatute ply.
Approved as to form and legality:
\'L jt
J _,\( ''.i
Heidi Ashton-Cicko,
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment & Map Amendment
This ordinance filed with the
rit,etary of tote's Cif ice�yhe
ivl day of —
and acknowledt14f that
filin�Q�r�eceived tF�bJ day
of V�l1Gtt // tait 40�,
ay
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19. Mini Triangle Mixed Use Subdistrict
The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway
Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle
Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further
the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted
Bayshore Gateway Triangle Redevelopment Plan (approved on June 13, 2000 by Resolution No.
2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the
Triangle Area as a"Mixed Center/Corridor Development Concept". The intent of the Plan related
specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that
will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the
development of a Catalyst Project and further the intent of the Community Redevelopment Plan,
this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design
and Development Standards. In order to accomplish this greater intensity, density, and flexibility
in applicable Site Design and Development Standards, the Mini Triangle Subdistrict shall be
rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini
Triangle Subdistrict shall be subject to the following:
a. A maximum of 377 multi-family residential units may be permitted.
b. A maximum of 228 hotel suites/rooms(or other transient lodging uses including but not limited
to interval ownership or vacation rental suites) may be permitted.
c. A maximum of 200,000 square feet of any combination of the following commercial uses may
be permitted:
1. Retail;
2. Eating and drinking establishments;
3. Movie Theatre (multiplex), bowling center, physical fitness facilities, yoga studio, bicycle
rental and museums and art galleries;
4. Personal services;
5. General and medical offices;
6. Indoor Air-conditioned passenger vehicle and/or self storage, not to exceed 60,000 square
feet (SIC Code 4225);
7. New or Used Car Dealerships, not to exceed 30,000 square feet in total (SIC Codes 5511
and 5521); and,
8. Any other principal use which is comparable in nature with the forgoing list of permitted
principal uses.
d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a
maximum floor area ratio of 0.45. ,
e. The MPUD shall establish a maximum trip capacity("Trip Cap")for the Mini Triangle MPUD
based upon"Net New Trips. The term Net New Trips means the projected PM peak hour trips
generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass-
by trips and internal capture. '
f. In order to ensure a mixed use development, the MPUD shall establish the minimum required
number of multi-family residential units, the minimum required square footage of a
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combination of the commercial uses 1. through 4. in paragraph c, above, and the minimum
required square footage for general/medical office.
g. The MPUD shall establish a date,timeframe,or condition by which the minimum requirements
in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed
to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the
installation of any site related infrastructure or other site improvements depicted thereon,
including but not limited to site access, sewer and water lines and facilities, stormwater
facilities, surface parking, landscaping, signage, and fence or walls.
h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16
- Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area,
as applicable,except in the case of building height,which may exceed the maximum allowable
height established in Section 4.02.16, as well as any deviations from the applicable provisions
of Section 4.02.16, as may be approved as part of the MPUD.
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B. Density Rating System
1. The Density Rating System is applied in the following manner:
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e. All new residential zoning located within Districts, Subdistricts and Overlays identified above
that are subject to this Density Rating System shall be consistent with this Density Rating
System, except as provided in:
1) Policy 5.1 of the Future Land Use Element.
2) The Urban Mixed Use District for the"vested"Port of the Islands development.
3) The Buckley Mixed Use Subdistrict
4) The Commercial Mixed Use Subdistrict.
5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict.
6) Livingston/Radio Road Commercial Infill Subdistrict.
7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict.
8) The Mini Triangle Mixed Use Subdistrict.
9) The Bayshore/Gateway Triangle Redevelopment Overlay.
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F. Bayshore/Gateway Triangle Redevelopment Overlay. The Bayshore/Gateway Triangle
Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the
Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners
on June 13,2000.The intent of the redevelopment program is to encourage the revitalization of the
Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the
private sector to invest in this urban area. This Overlay allows for additional neighborhood
commercial uses and increased intensity and higher residential densities that will promote the
assembly of property,or joint ventures between property owners,while providing interconnections
between properties and neighborhoods. The intent of this Overlay is to allow for more intense
development in an urban area where urban services are available. Two zoning overlays have been
adopted into the Collier County Land Development Code to aid in the implementation of this
Overlay. The following provisions and restrictions apply to this Overlay:
1. Mixed-Use Development: A Mmix of residential and commercial uses are-is permitted. For
such development,commercial uses are limited to C-1 through C-3 zoning district uses,except
as otherwise provided for in the Mini Triangle Subdistrict;hotel/motel use;theatrical producers
(except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by
applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged
to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to
encourage pedestrian use of the commercial area and to provide opportunity for nearby
residents to access these commercial uses without traveling onto major roadways. Parking
facilities are encouraged to be located in the rear of the buildings or in parking structures that
may be below, at, or above grade, with the buildings oriented closer to the major roadways to
promote traditional urban development.
2. Residential uses are allowed within this Overlay. Permitted density shall be as determined
through application of the Density Rating System, and applicable FLUE Policies, except as
provided below,or and except as may be limited by a zoning overlay,or as provided within the
Mini Triangle Subdistrict.
3. Non-residential/non-commercial uses allowed within this Overlay include essential services;
parks, recreation and open space uses; water-dependent and water-related uses; child care
centers; community facility uses; safety service facilities; and utility and communication
facilities.
4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard(SR 84)
and/or the west side of Airport-Pulling Road may be allowed a maximum density of 12
residential units per acre, via use of the density bonus pool identified in paragraph 11; except
that no project may utilize more than 97 units—25%of the total density pool units available.
The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a
cap on the use of the 388 density pool units for any one project. In order to be eligible for this
higher density, the project must be integrated into a mixed-use development with access to
existing neighborhoods and adjoining commercial properties and comply with the standards
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identified in paragraph no. 8,below,except for mixed use projects developed within the"mini
triangle"catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment
Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of
12 units per acre,with development standards as contained in the Gateway Triangle Mixed Use
District zoning overlay adopted February 28, 2006 (Ordinance No. 06-08), and amended
December 14, 2006 (Ordinance No. 06-63)_ For projects that do not comply with the
requirements for this density increase, their density is limited to that allowed by the Density
Rating System and applicable FLUE Policies, except as may be limited by a future zoning
overlay. Properties located within the Mini Triangle Subdistrict are exempt from this
paragraph.
5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-
Pulling Road(west side only)or US 41 East,may be allowed to redevelop as a residential-only
project at a maximum density of 8 residential units per acre via use of the density bonus pool
identified in paragraph 11. except that no project may utilize more than 97 units—25% of the
388 total density pool units available.The 97 unit cap will terminate when the BCC adopts,by
LDC amendment, limitations and a cap on the use of the 388 density pool units for any one
project.-In order to be eligible for this higher density the redevelopment must comply with the
following:
a. Project shall be in the form of a PUD.
b. Project site shall be a minimum of three acres.
c. Project shall constitute redevelopment of the site.
d. All residential units shall be market rate units.
For projects that do not comply with the requirefnents for this density increase,their density is
limited to that allowed by the Density Rating System and applicable FLUE Policies.Properties
located within the Mini Triangle Subdistrict are exempt from this paragraph.
6. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses will
continue to be governed by the Mixed Use Activity Center Subdistrict, except residential
density may also be increased as provided for in paragraphs 4 and 5, above. The development
standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use
Overlay District in the Collier County Land Development Code,whichever is applicable, shall
apply to all new development within the Activity Center.
7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle
Redevelopment Overlay allow uses, densities and development standards that are inconsistent
with the uses, densities and development standards allowed within this Overlay. These
properties are allowed to develop and redevelop in accordance with their existing zoning until
such time as a zoning overlay is adopted which may limit such uses,densities and development
standards.
8. To qualify for 12 dwelling units per acre as provided for in paragraph no. 4 above, or as
otherwise permitted within Mini Triangle Subdistrict, mixed use projects within the
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Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards
of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay
District in the Collier County Land Development Code,whichever is applicable,or in the case
of the Mini Triangle Subdistrict,mixed use projects may utilize the design standards set forth
in the Mini Triangle Subdistrict and its implementing MPUD zoning.
9. For density bonuses provided for in paragraphs nos. 4 and 5 above, base density shall be per
the underlying zoning district. The maximum density of 12 or 8 units per acre shall be
calculated based upon total project acreage. The bonus density allocation is calculated by
deducting the base density of the underlying zoning classification from the maximum density
being sought.The difference in units per acre determines the bonus density allocation requested
for the project.
10. Only the affordable-workforce housing density bonus,. as provided in the Density Rating
System, and the density provided for within the Mini Triangle Subdistrict-is are allowed in
addition to the eligible density provided herein. For all properties, the maximum density
allowed is that specified under Density Conditions in the Density Rating System, except as
provided for within the Mini Triangle Subdistrict.
11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density
bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus
pool corresponds with the number of dwelling units previously entitled to the botanical gardens
sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects
within T the "mini triangle" catalyst projcct is are not subjeet required to utilize this density
bonus pool.
12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25
East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be
limited to non-residential uses except for caretaker, dormitory, and other housing integrally
related to the Botanical Garden or other institutional and/or recreational open space uses.
*** *** *** *** *** *** TEXT BREAK *** *** *** *** ***
Future Land Use Map
Mixed Use&Interchange Activity Centers Maps
Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps
Collier County Wetlands Map
*** *** *** *** *** *** TEXT BREAK *** *** *** *** ***
Davis—Radio Commercial Subdistrict Map
Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map
Mini Triangle Mixed Use Subdistrict Map
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EXHIBIT A PETITION PL20160003084/CPSS-2016-3
VA MINI TRIANGLE MIXED USE SUBDISTRICT
1:69 COLLIER COUNTY, FLORIDA
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LEGEND
PREPARED BN:GIWGIS/CAD MAPPING SECTION i// Subdistrict
0 137.5 275 550 Feet %'
GROWTH MANAGEMENT DEPARTMENT
FILE:CPSS-2016-3 MAP.mxd -.
DATE:1/23/2018 I I I I I I I I I t
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 11, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
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. 2018-23, which was filed in this office on May 11, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us