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Ordinance 2021-17 ORDINANCE NO. 2021- 17 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 AND MAP SERIES TO CREATE THE NC SQUARE MIXED-USE OVERLAY ON LAND IN THE AGRICULTURAL/RURAL DESIGNATION AND RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS, AND A MINIMUM OF 120 AND A MAXIMUM OF 129 AFFORDABLE HOUSING RESIDENTIAL DWELLING UNITS AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 24.4± ACRES AND LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20180002233] 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, Immokalee Square LLC, requested an amendment to the Future Land Use Element and Map Series; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on February 3, 2021, 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 Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and [19-CMP-01049/1616170/1]173 NC Square/PL20180002233 Words underlined are additions;Words t are deletions. Page 1 of 3 3/24/21 *** *** *** ***are a break in text 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 18, 2021, and the Collier County Board of County Commissioners held on April 27, 2021; 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 and Map Series 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. [19-CMP-01049/1616170/1]173 � NC Square/PL20180002233 Words underlined are additions;Words through are deletions. Page 2 of 3 3/24/21 *** *** *** ***are a break in text PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this o2-14` day of A ; I 2021. ATTEST: BOARD 0 COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE' C TY, FLORI iile fit eit-KADLCIL- BY: Deputy Clerk Penny aylor, Chairman Attest as to Chairman's signature only. Approved as to form and legality: (HLA Ct Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Text and Map This ordinance fifer; with the 5 r Vary of t o.' i c' cam, the ay of and Ocknowi:yarer;n.;ct �a thof film received this of _.., day Deautyr C1.I 5)( [19-CMP-01049/1616170/11173 NC Square/PL20180002233 Words underlined are additions;Words struck through are deletions. Page 3 of 3 3/24/21 *** *** *** *** are a break in text EXHIBIT A FUTURE LAND USE ELEMENT Note: Words underlined are added, words struck through are deleted. Italicized text within brackets is explanatory only— not to be adopted. I. IMPLEMENTATION STRATEGY [Page 9] GOALS, OBJECTIVES AND POLICIES *** *** *** *** text break *** *** *** *** Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed-Use Overlay G D. Natural Resource Protection Area Overlays G E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay G H. Urban-Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary 1,J.Incorporated Areas *** *** *** *** text break *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] A. Area of Critical State Concern *** *** *** *** text break *** *** *** *** B. North Belle Meade Overlay *** *** *** *** text break *** *** *** *** C. NC Square Mixed-Use Overlay This Overlay, comprising approximately 24.4 acres, is located at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South, Range 27 East. The purpose of this Overlay is to allow a minimum of 120 affordable housing residential units, not to exceed a maximum of 129 affordable housing residential units, a daycare center and allow neighborhood commercial uses to serve surrounding residential areas and passerby- traffic. This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands provisions, except as provided for herein. Development in this Overlay shall comply with the following requirements and limitations: a. Rezoning shall be in the form of a PUD, Planned Unit Development. Page 1 of 4 b. This Overlay shall be limited to a maximum gross leasable floor area of 44,400 square feet for commercial uses provided in the implementing PUD ordinance, and a maximum 12,000 square feet daycare center limited to 250 students. c. This Overlay shall provide a minimum of 120 affordable housing residential units and shall not exceed a maximum of 129 affordable housing residential units. d. Density shall be through an Affordable Housing Agreement between the Owner and Collier County. The implementing PUD shall include provisions to: 1. Establish a minimum number of dwelling units to be built. 2. Establish a minimum square foot of commercial uses to be built. 3. Address compatibility with surrounding properties. 4. Establish a common theme for architecture, signage and landscaping. 5. Provide pedestrian connectivity throughout the project. 6. Establish permitted and accessory uses and development standards from those C-1, Commercial and General Office District, through C-2, Commercial Convenience District, and those limited C-3, Commercial Intermediate District, uses appropriately suited to "neighborhood commercial" center. 7. Prohibit stand-alone drive-through restaurants. 8. Develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires and incorporate the applicable elements of this plan into the companion PUD. 9. Distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear-proof dumpsters. *** *** *** *** text break *** *** *** *** FUTURE LAND USE MAP SERIES [Page 147] Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps *** *** *** *** text break *** *** *** *** East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map NC Square Mixed-Use Overlay Map Page 2 of 4 EXHIBIT A PETITION PL20180002233/CP-2019-1 b*y- NC SQUARE MIXED USE OVERLAY '001 COLLIER COUNTY, FLORIDA 0 �o Go/of ague C J m d '11 r ' z CD c0 + Jji � 0 0 No Name LN ;," v SUBJECT a SITE Cypress DR cit 73 Deer Run LN ADOPTED-XXXX Legend (Ord.No.)0XX) PREPARED BY BETH YANG,AICP 0 150 300 600 900 WA NC SQUARE MIXED GROWTH MANAGEMENT DEPARTMENT IFeet USE OVERLAY FILE:NC SQUARE MIXED USE OVERLAY LOCATION MAP.MXD DATE:02/2020 Page 3 of 4 T46S I T47S I TOSS I T49S I T50S I T51S I T52S I T53S I 1g g O O w O O w QOO -o y 6 i J f a,72 ; t 6 6 a $ � gT, p Y 8 e� ':a � g _ irrA J vo8 p'w8 w$wno8 wCi�w"om w�w��RR� � w 0011011 _11_ a 9_C10101 ° w w w o a owpO wO°w6°wo°wo°wo°wooaw,1;n61o,36:4H o=o W o 0 0 0 0 0 0 0 0 3 0 0 < • 0 0 6 o Q zcQ-Qo=o= _ < < <-Q 9 o 1 < a a 1 : a < < < < —< a a a ...a aI m { N — 4 1 i l A g l jE 0H E f I121lii112 Ii it1 / • — 1 1111 1111111 II ,1 3; il W 1 II ga 1 N P 1 ! 1 f ii i 4 il s;e 1 1-8 $ 9 I / "hill+ w i _074 a 1111111I111111 0 7 re i w / G o cIrj ;- K f .. 1 € ig i i 1 1 Ilk 1 111 1111111111111 in K Il i E 1111111111 / 4iild• II H W .. 'e I'd„: I „t,.2 r Q g _,1 Iig:i leg ll W JF> w CSI -'' 6 •xi7j.(ix ingi la , „ce, o0LT 8s!,8 Littir 17' ' ----4 '-'-- ''''' - . . ci z .-, Eriogl .ci., , . i,4 d i „, _-.__; — N W - c W �•s (Mil a kirigra griititf .4_ ® e Z % h • q .il ..E, . . obicjir L 1. f.YA •-• ' ,I 0 0 ~ a6�a v ii • ppr i C o - P O gat. 1;£Ng g�= l Gulf. o f lvi I T4 S I Td7C 1 TARS I TWIS I TSOR I TSAR I T52S I T53R I • FLORIDA DEPARTMENT OfSTATE RON DESANTIS LAUREL M. LEE Governor Secretary of State May 4, 2021 Ms. Teresa Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-17, which was filed in this office on May 4, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270