Ordinance 2020-038 ORDINANCE NO. 20- 3 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE
URBAN MIXED USE ACTIVITY CENTER #7 TO ALLOW UP TO 265
MULTI-FAMILY RESIDENTIAL RENTAL DWELLING UNITS IN
THE HAMMOCK PARK MIXED-USE PLANNED UNIT
DEVELOPMENT IN ADDITION TO COMMERCIAL
DEVELOPMENT, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE
SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER
OF RATTLESNAKE HAMMOCK ROAD AND COLLIER
BOULEVARD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.13±
ACRES. [PL20180002804]
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, Wilton Land Company, LLC, requested an amendment to the Future Land
Use Element; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on January 27, 2020, 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
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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 August 6, 2020, and the Collier
County Board of County Commissioners held on October 27, 2020; 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 amendments to the Future Land Use Element attached hereto as Exhibit "A" and
incorporated herein by reference, are 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
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.
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PASSED AND DLY ADO T D by the Board of County Commissioners of Collier
County, Florida this (9-3 day of (J C 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
IJ�JIJVI(. .L BY:
laj • Depl, C1% Burt L. Saunders, Chairman
Attest as to Champ.• s
ignature only:.
Approved as to form and legality:
H idi Ashton-Cicko 4'
Managing Assistant County Attorney
Attachment: Exhibit A—Text
This ordinance filer; with the
ary of +-,
day of NitAJ ��
and acknowledgern r�,�j,4f that
of receiy , thisy
By —
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PL20180002804/CP2018-8
EXHIBIT A
FUTURE LAND USE ELEMENT
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FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
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I. URBAN DESIGNATION
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C. Urban Commercial District:
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1. Mixed Use Activity Center Subdistrict
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Master Planned Activity Centers
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[Pg.59]
The maximum amount of commercial uses allowed at Activity Center#7 (Rattlesnake Hammock Road and Collier
Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 68.3 acres and the
southeast quadrant may have a total of 49.2 acres, for a total of 197.5 acres maximum in the entire Activity Center;
the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers.
Multi-family (apartment) uses shall also be permitted in the northeast quadrant within the Hammock Park MPUD
and shall be limited to a total of up to 265 multi-family (apartment)dwelling units. The addition of the 9.3 acres to
the northeast quadrant of the Activity center shall not be the basis for adjacent parcels to be rezoned to commercial
pursuant the Office and Infill Commercial Subdistrict. With respect to the+/- 19 acres in the northeast quadrant of
Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center MPUD,
commercial development(exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of
185,000 square feet of the following uses: personal indoor self-storage facilities—this use shall occupy no greater
than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade
specialists inclusive of the offices of related professional disciplines and services that typically serve those
construction businesses or otherwise assist in facilitating elements of a building and related infrastructure,including
but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional
disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse
space for various contractor/builder construction trades occupants; mortgage and land title companies; related
businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper
stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor/builder
construction trade specialists or accessory to warehouse space for various contractor/builder construction trades
occupants; management associations of various types of buildings or provision of services to buildings/properties;
and, fitness centers.
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Underlined text is added; struck through text is deleted.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 4, 2020
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-38, which was filed in this office on November 4,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270