Loading...
Ordinance 2021-32 ORDINANCE NO. 2021- 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 MAP SERIES BY ADDING THE IMMOKALEE ROAD INTERCHANGE RESIDENTIAL INFILL SUBDISTRICT TO THE URBAN, MIXED USE DISTRICT TO ALLOW DEVELOPMENT OF UP TO 234 MULTI-FAMILY RENTAL UNITS, OF WHICH 70 WILL BE RENT RESTRICTED AS AFFORDABLE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1000 FEET WEST OF JULIET BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.35± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20190001620] 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, CIG Naples, LLC requested an amendment to the Future Land Use Element and Map Series; 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 a rural area of opportunity; and [20-CMP-01072/1635670/1]98 1 of 3 PL20190001620—Blue Coral Apartments SSGMPA 9/28/21 Words underlined are additions,words struck through are deletions. WHEREAS, the Collier County Planning Commission (CCPC) on May 20, 2021, 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 Map Series of the Growth Management Plan on September 28, 2021; 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 Map Series in accordance with Section 163.3184, Florida Statutes. The 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 Board approval. 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. [20-CMP-01072/1635670/1]98 2 of 3 PL20190001620—Blue Coral Apartments SSGMPA 9/28/21 Words underlined are additions,words store gh are deletions. PASSED AND DULY ADOPT D by the Board of County Commissioners of Collier County, Florida this i day of 2 6.C-r-, 2021. ATTESTO Q`'.',4� r,. BOARD 0 COUNTY COMMISSIONERS CRYS; A , K.,KTNZ ,,CLERK COLLIE' CO' TY, FLOR 01By - r , .(sk Or., V • By: a/1"19 . !:,.►.ty Clerk Penny Taylor, Chairman IttN signore only. f • Approved as to form and legality: V"— H idi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment This ordinance filed with the Zdary of ;It ta �?#' fi the cy of and atknowledgemc t pj that fi ' ceiyed t is 1 day By Deputy tail* [20-CMP-01072/1635670/1]98 3 of 3 PL20190001620—Blue Coral Apartments SSGMPA 9/28/21 Words underlined are additions,words struck through are deletions. CPSS-20-02/PL20190001620 EXHIBIT A FUTURE LAND USE ELEMENT [Page 9] II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES TEXT BREAK *** ** *** *** *** * Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN — MIXED USE SUBDISTRICT *** *** *** *** *** *** *** TEXT BREAK *** *** *** ** *** ** 18. Vincentian Mixed Use Subdistrict 19. Mini Triangle Mixed Use Subdistrict 20. Goodlette/Pine Ridge Mixed Use Subdistrict 21. Livingston Road/Veterans Memorial Boulevard East Residential Subdistrict 22. Vanderbilt Beach Road Mixed Use Subdistrict [RESERVED] 23. Immokalee Road Interchange Residential Infill Subdistrict *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** FUTURE LAND USE ELEMENT [Page 25] DESCRIPTION SECTION *** TEXT BREAK *** *** *** ** I. URBAN DESIGNATION *** *** *** *** *** *** TEXT BREAK *** *** ** ** *** A. Urban Mixed Use District *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** [Page 50] 23. Immokalee Road Interchange Residential Infill Subdistrict Immokalee Road Interchange Residential Infill Subdistrict consists of 9.35+/- acres and is located approximately 1,000 feet west of the intersection of Juliet Boulevard and Immokalee Road. The purpose of this Subdistrict is to allow infill multi-family residential development at a density of up to 25 units per acre and to provide affordable residential units to accommodate the workforce in Collier County, thereby advancing the intent of Goal 1 of the Housing Element. Development within the Subdistrict shall be subject to the following: a. Development shall be in the form of a Planned Unit Development (PUD). Page 1 of 5 Words underlined are added; words struck through are deletions 9/24/21 mrm CPSS-20-02/PL20190001620 b. The maximum residential density permitted within the Subdistrict is 25 units per acre. c. Allowable residential uses are limited to multi-family rental units. d. The RPUD shall demonstrate consistency with affordable housing goals and objectives of the Housing element by providing the following: 1. Thirty percent (30%) of the total units (70 units) will be rented to Essential Services Personnel ("ESP"). ESP means natural persons or families at least one of whom is employed as police or fire personnel, a child care worker, a teacher or other education personnel, health care personnel or a public employee. Any time that a unit becomes vacant, assuming that less than 70 units are occupied by ESP, the next available unit will be offered to ESP. In the event that no ESP rents the available unit within forty- five (45) days of advertisement of its availability, then the unit may be offered to the general public (non-ESP) but shall be restricted to those incomes and rents identified in paragraph 2. below. This commitment to ESP shall remain in effect for a period of time that is 30 years from the date that the development receives its final certificate of occupancy. 2. Notwithstanding paragraph d.1. above, these seventy (70) units will be income and rent restricted. Of those seventy (70) units, thirty-five (35) of the units will be designated for those households whose incomes are less than 80% of the AMI for Collier County and thirty-five (35) units will be designated for households whose incomes are between 80% and 100% of AMI for Collier County. These units will be committed for a period of 30 years and AMI rent limit adjustments will be made on an annual basis according to the most recent Collier County Board approved Table of Rental Rates for each income category and the number of bedrooms in the unit. e. Affordable Housing commitments will be included in the PUD as Developer Commitments. f. Access to the project will be via a shared access with the property to the east on the eastern property line of this project. If the shared access split by the property line is not granted, a single access will be provided on the subject property only. q. No interconnection with the properties to the east and west shall be provided or required, but developer will agree to an interconnection with these properties if, at some time in the future, an interconnection is requested by the owner(s). *** TEXT BREAK *** *** *** ** ** B. DENSITY RATING SYSTEM [Page 51] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 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: Page 2 of 5 Words underlined are added; words struck through are deletions 9/24/21 mrm CPSS-20-02/PL20190001620 1) Policy 5.3 of the Future Land Use Element. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 9) The Bayshore/Gateway Triangle Redevelopment Overlay. 10) The Vanderbilt Beach Road Mixed Use Subdistrict [RESERVED] 11) Immokalee Road Interchange Residential Infill Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** FUTURE LAND USE MAP SERIES [Page 148] Future Land Use Map . Activity Center Index Map *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Seed to Table Commercial Subdistrict Map Livingston Road/Veterans Memorial East Residential Subdistrict Map The Vanderbilt Beach Road Mixed Use Subdistrict [RESERVED] Immokalee Interchange Residential Infill Subdistrict Page 3 of 5 Words underlined are added; words struck through are deletions 9/24/21 mrm CPSS-20-02/PL201 90001620 EXHIBIT A R25E 1 R2SE I R27E I R 20 E I R 29 E I R3OE 1 R31E I R32E I R33E I RILE 1 2012.2025 ..... .....11110•47 eill— Clfielirm•L- _ FUTURE LAND USE MAP .„,cc..., .............. =I:Ctri"-............-ft. =egalsealukuma•MMUIBMWM r..:Amiumona... — Coll.er County Flonda ,N DerAls OF THE RUA' OVERLAY AREA ARE SHOWN ----- IL. .......... ...A....A. ............ •1412•104/4.01111110 1M 4444"14.4••••• gi.............-- iii.............. cm,......... -1 It ON TWE FUTURE LAND USE MAP TITIED: .440•14.••••••..44., • 11111....... rtik=.4. J''. ".47r.r•=a 01 'COWER COUNTY RURAL i AGRICATURAL I....... AREA AWES!,YEW STEWARSCHIP OVERLAY MAP .................... 11.1............... St IMI........ .4141141140”..11.111., M•44•64.44 .......,.,..„, 111 mill===.•,........ .0.0•414 .9..11414.00., I.=.,..z.=.- =-—— CD=7:— 1 _.._ - MI r....1=. •==== m=L... mminuaresa =f1.4m.,144•11.4.414: ..4 ''4". ........‘,.....................• .1 8. SUBJECT SITE o--- •iir..........—,...... ••-•• ....„ 1.,.....,......... ___.....,...... mare....=. ,............-.--. _ - o.............. _ im - p -- NI:::,=,-, la............4.440 . 1r.. „ :::, 4 : . ....4.4.444..... 4 . H 7; III.......=•.444, 4.I i . ...4,4 I. MI z, III 0,wo.44.441..amo El*-1-4--. II ''' "T"- Nit% 11114. • 1111 Zitiawifterialao-Vii;=.%••,•=,""- MX==.e. =I....ft.... • ,,,,,..••••••"..... — 1 c...1 1 ... — , \\J I 4140•00 440,4 71n4— :WV: • -1".. . .§..../ 1, ; N.I No 7/••-.12, 40.2.4149•MOO..91.1 ".":411.4.10,77:" .1 . A'...""' "r"..'...'. ""'..;',77f,`•`.:,:'''' $ 1 rill ..„ .,..: it. •e....•.“.ft ,.....,,.. ....4.IL Ju.17.I. 01,2 iiii., 4.449•arr Isu "`.%•,'7,-,7M,"''' — if. _ = / D•10,74.1104 3.1 M. nnoro•A r,up.:S4 Air , . = t .4r...•........ '''',..•.7.Z;;;,11!"" ...,. • • _ 1 .4 CI r \ 111111 4 . . - 4.=--- 1 .....07.0•.3111.1.41.•1•41 E ' 41/ ,::.,- .t.'.,'. , ' ..•Mr....T 7:: i 414.0.21.NM 0 -2 \ ' / ANIAIIMISAMIO 11111M1 MR — °''' 4, L . YD•T 1,.... umeTc-Anr. , I iI m.ANIM• .u..,r- UN...1 ....m..... .s.". I "--....,..r... ......,.. N.........._..._____i_r_i... I ''.... — .' ...-• - . 1_,(...... ra 711:,11.'• .., . • i & .414I.,r 4,4f..1•J44Y4..4 4.1 _ ""*""7".',...t.='''' , mit..•...k.A IA) ----_...__ ej•a IN 14410, mra•mo.. 0..0.rewoir,•MS r- .1;•.....mara,_ ..I a WIRIC•JOIE II,tIll U4 illa As 11111.... ' AMOK,....t•7 Ha NJ...::.,..,. ....... ::..1.- .., J RUE I RUE I R2TE I R28 E I R29 E I RARE I R31E I R32E I R33E I RUE I Page 4 of 5 Words underlined are added; words struck through are deletions 9/24/21 mrm CPSS-20-02/PL20190001620 EXHIBIT A Immokalee Interchange Residential Infill Subdistrict )41 RAF- I 111 Immokalee Road r r/I C 3 Ultimate Express c =� Car Wash IE' VChases O a Bank O. .1+ 0 UseppaiDrive 0 < t 0 rb 0- ESpace xtra age 5loraq• Windso Oub Germain 6ermuda Pakns Immokolee Apartments Sublect,5ite (In Process) /✓ /// Uvinpston Lakes Legend Blue Corol A artments (<:::>' ; k\- ���� 0 150 300 1 I Page 5 of 5 Words underlined are added; words struck through are deletions 9/24/21 mrm I S L* 2 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State October 6, 2021 Ms. Ann P. Jennejohn, BMR Senior Deputy 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. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-32, which was filed in this office on October 6, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270