Loading...
Ordinance 2019-33 ORDINANCE NO. 19- 3 3 AN ORDINANCE 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 TO REVISE THE VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT OF THE URBAN MIXED USE DISTRICT AS TO LOTS 5 AND 6 OF THE VANDERBILT COMMONS SUBDIVISION TO REMOVE THE REQUIREMENT TO PROVIDE COMMERCIAL USES ON THE FIRST FLOOR WITH RESIDENTIAL UNITS ON THE UPPER STORIES AND ALLOW BUILDINGS TO BE ALL RESIDENTIAL USES ON LOTS 5 AND 6; AND DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. LOTS 5 AND 6 COMPRISE 2.51 ACRES WITHIN THE 47.94±ACRE SUBDISTRICT LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 'h MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003372] 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, Vanderbilt Commons, LLC has initiated this amendment to the Future Land Use element; 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 [19-CMP-01050/1496298/1]68 Vanderbilt Commons Lots 5&6 SSGMPA Page 1 of 3 9/9/19 WHEREAS, the Collier County Planning Commission (CCPC) on August 1, 2019 and August 15, 2019 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 October 8, 2019; 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 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 and map are 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 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. [19-CMP-01050/1496298/1]68 Vanderbilt Commons Lots 5&6 SSGMPA Page 2 of 3 9/9/19 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier ' 1' County, Florida this day of CA-z L-c( 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL Ke KINZEL, CLERK COLLIE' `.'+-'- LORIDA ?r-y(v)t, :_ )ur 1 B y:C?) All A ..,_ &,.• ......,_. __Q.:. . _,. Deputy Cle k-- ;,'illiam L. McDaniel, Jr., hairman Attest as to Chairman's, signature only. Approved as to form and legality: Lc14 A Cao �,�' ,� H idi Ashton-Cicko A' Managing Assistant County Attorney Attachment: Exhibit A—text and map c.�..i poi, ,;• This ordinanceordinancewith � and ocknowieagne fr,t f trot filir2r':.eiv8d 1 'lis ((-Y y h . � _—= D.oUty [19-CMP-01050/1496298/1]68 Vanderbilt Commons Lots 5&6 SSGMPA Page 3 of 3 9/9/19 Exhibit PL20180003372/CPSS-2019-2 EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** text break *** *** *** *** I. URBAN DESIGNATION *** *** *** *** text break *** *** *** *** A. Urban Mixed Use District *** *** *** *** text break *** *** *** *** 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [Page 36] This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 47.94 acres, comprised of 33.45 acres of land for the existing area and 14.49 acres of land for the expansion area, as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring and Golden Gate Estates residential areas, as well as to promote mixed- use development(residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring and Golden Gate Estates residents, assist in minimizing the road network required, and reduce traffic impacts in this part of Collier County. This Subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. To encourage mixed use projects,this Subdistrict also permits residential development when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed ata maximum density of sixteen (16)dwelling units per acre; the gross acreage of the project is used in calculating residential density. Retail uses shall be limited to single-story. Financial services and offices shall be limited to three (3) stories. A combination of these uses in a single building—financial services and/or offices over retail uses — shall be limited to three (3) stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three (3) stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established Planned Unit Development (PUD) District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian and vehicular interconnections with abutting properties, where feasible. For Lots 5 and 6 of the Vanderbilt Commons Subdivision only, as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict map,the following provisions apply: residential-only buildings are allowed; both residential-only and mixed use buildings shall be limited to three (3) stories, including parking; in mixed use buildings, commercial uses are limited to the first floor. Page 1 of 3 1 Words underlined are added;words struck-through are deleted. Exhibit PL20180003372/CPSS-2019-2 Rezonings are encouraged to be in the form of a PUD zoning district, which must contain development and design standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. A total of 400,000 square feet of gross leasable floor area is permitted within this Subdistrict as follows: Development intensity for the existing area (Mission Hills Planned Unit Development) of this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Within the 14.49-acre expansion area, 200,000 square feet of gross leasable floor area for commercial land uses is permitted. The following land uses shall not be permitted: gas stations, convenience stores with gas pumps, fast food restaurants with drive-through lanes, and tire stores. *** *** *** *** text break *** *** *** *** Page 2 of 3 G:\CDES Planning Services\ComprehensivelComp Planning GMP DATA Comp Plan Amendments12019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19-2 VB Commons\Exhbt A txt&maps119-2 Vanderbilt-Collier txt Ex.A.2.docx 2 Words underlined are added;words struck-through are deleted. EXHIBITA PETITION PL20180003372 � VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT OSP�' COLLIER COUNTY, FLORIDA WOLFE RD C) 0 r m W v m SUBJECT SITE PL20180003372 MISSION HILLS DR VANDERBILT BEACH RD C) 0 r r m 7TH AVE NW o0 Legend ADOPTED OCTOBER 26,2004 (Ord-.No.2T00130472712)6, 004-71) Subdivision Lots 5&6 PREPARED BY.BETH YANG,AICP 0 125 250 500 750 AMENDED-JUNE 7,2005 GROWTH MANAGEMENT DEPARTMENT (Ord.No.2005-25) 1772 Original Subdistrict FILE.Vanderbilt Beach Collier BLVD ^ I I I Feet Commercial Subdistrict Location Map.mod DATE'.07/10/2019 Subdistrict Expansion Page 3 of 3 „„x---;-:----N, ait. F FLORIDA DEPARTMENT O STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State October 14, 2019 Ms. Martha Vergara, BMR&VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-33, which was filed in this office on October 11, 2019. 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