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Ordinance 2022-28 ORDINANCE NO. 2022- 2 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE URBAN COMMERCIAL DISTRICT, MIXED USE ACTIVITY CENTER SUBDISTRICT OF THE FUTURE LAND USE ELEMENT AND ACTIVITY CENTER #7 MAP OF THE FUTURE LAND USE MAP SERIES TO ALLOW UP TO 303 MULTI-FAMILY APARTMENT OR OWNER-OCCUPIED DWELLING UNITS OF WHICH 68 UNITS WILL QUALIFY AS AFFORDABLE HOUSING IN THE AMERISITE CB MIXED-USE PLANNED UNIT DEVELOPMENT IN ADDITION TO UP TO 70,000 SQUARE FEET OF COMMERCIAL SHOPPING CENTER DEVELOPMENT, AND UP TO 85,000 SQUARE FEET OF MINI-WAREHOUSE SELF-STORAGE; AND TRUCK LEASING AND GAS STATION USES SHALL NOT BE ALLOWED; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, APPROXIMATELY 1000 FEET NORTH OF RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.95± ACRES. [PL20210001104] 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, Amerisite, LLC requested an 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 [21-CMP-01109/1725306/1]106 1 of3 PL20210001104—Mixed Use Activity Center-Amerisite 6/7/22 Words underlined are additions,words struck through are deletions. WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on May 19, 2022, 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 of the Growth Management Plan on June 28, 2022; 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 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. [21-CMP-01109/1725306/1]106 2 of 3 PL20210001104—Mixed Use Activity Center-Amerisite 6/7/22 Words underlined are additions,words struck through are deletions. PASSED AND D JY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 11A 4,C. , 2022. ATTEST; BOARD OF COUNTY COMMISSIONERS CRYST4I5K:KINZEL, CLERK COLLIER CO 'f ..• 'IDA •-, • , ( e). Al. OA By ii N Q(_ — By: ...�--- Air 'Attest as,to r',r; i .r� ty Clerk lliam L. McDaniel, Jr., Chairman s'rgnaftut Only $ Si/IN i ao D Approved as to form and legality: LiL/ l f/--L (t`(/-3,2 Heidi Ashton-Cicko, h Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment and map This orctino.Ctry of n Se ce fifed with the day cf s�� .�''�K` and acknowlede-e �e. tt filin re aw7fice the ed this of that ofLl ,.� 2 doy By deputy [21-CMP-01109/1725306/1]106 3 of3 PL20210001104—Mixed Use Activity Center-Amerisite 6/7/22 Words underlined are additions,words struck through are deletions. PL20210001104 EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE ELEMENT [Page 26] DESCRIPTION SECTION *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** I. URBAN DESIGNATION [Page 28] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** C. Urban Commercial District [Page 62] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Master Planned Activity Centers [Page 65] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed at Activity Center # 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 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. 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 the Amerisite CB MPUD. The multi- family uses and shall be limited to a total of up to 265 multi-family (apartment) dwelling units- for the Hammock Park MPUD; and a maximum of 303 multi- family (apartment or owner-occupied) dwelling units shall be allowed in the Amerisite CB MPUD, of which a total of thirty-four (34) units will be rented or sold to households earning up to and including 80 percent of the Area Median Income (AMI), and a total of thirty-four (34) units will be rented or sold to households earning up to and including 100 percent of the AMI. Any time that a rental unit becomes vacant, assuming less than sixty-eight (68) units are Page 1 of 3 Words underlined are added; words struck through are deletions 06.03.22 mrm PL20210001104 occupied by households that qualify for the designated income thresholds, the next available unit will be offered to a qualifying household subject to the specified income thresholds. AMI rent limit adjustments will be made on an annual basis according to the most recent Collier County approved Table of Rental Rates. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. The affordable restriction for rental and owner-occupied units shall remain in place for no less than thirty (30) years from the date of issuance of the first residential Certificate of Occupancy. Additionally, for the first eighteen (18) units above the base density of twenty-eight units within the Amerisite CB MPUD, Transfer of Development Rights Credits shall be redeemed from qualified Sending Lands. With respect to the Amerisite CB MPUD: commercial development (shopping center) shall be limited to 70,000 square feet, self-storage (mini warehouse) shall be limited to 85,000 square feet; and, truck rental and leasing and gasoline service station uses shall not be allowed. 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 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. Page 2 of 3 Words underlined are added; words stFusk-through are deletions 06.03.22 mrm ■ — k z W Co N ij cc M —ONNO WN O _ 0aG U p"-^ 2 O 4 8C Kq apN �NW III N TWr Z K Z ¢Ut�do Z asF U o mo m mJZ O2 O 2 O OO 'ON 'N W 1- Z , 2w mw C 4 p LL rWN rWN I-N 0 O2 waw _ iN W O d d odoZ 82 8ZN Z W VH aa0 i —i w°O m3$ • if ,-N C.) N zO J > z ¢owz 1(7) cc_ � gs L. l ga2E"sU U WO 0 zpDO DO o - w aU p8<ZZo 6— 3C"O ' zwzwz aa 5zow —.F W Wa 1 ToLL4Z .Ca F i1 a a y= �NU5 _W§ II.1 IA • -. -��. T ,c)yaw \— �— —Q— !/ r5 d 4 r .b 1 ,, k— Ri o o y ec... a g G 1 ® R. y 34 p_ w\3, iI ., -0 -. I :. — fs. f,s �!. :iii-i; H a IQy F.i6 r NB 1 , ti It i U C s Fi E 'o V u PA I Q i m 11 xse "_" moron A1N000 ® vn�e,ee..aeu..nr bv�saNn Y ---, „� ig * .< W17 1111:4 , ' 1 = o I s �'` i*i!. pei $ a \\\ IIl1 I ) ,.., i A _.—alii ill i \ Ci g W4F; 1141rilk i1 Th..3;044, 1 vnixial 1 . . H a ,\\,,,,, / e 1 17) u 1 N--t8 e� �2 J D s s---18 �� a FdGc a e i 8 $ G r ! �a._5NF yll�11, it it, ,,,,,,,..40.: .15- , FLORIDA DEPARTMENT of STATE RON DESANTIS CORD BYRD Governor Secretary of State July 5, 2022 Martha S. Vergara, BMR & VAB 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 Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-28, which was filed in this office on July 5, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270