Ordinance 2023-58 ORDINANCE NO.23- 58
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT NAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, ADOPTING AN AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN
RELATING TO AFFORDABLE HOUSING, SPECIFICALLY
AMENDING THE IMMOKALEE AREA MASTER PLAN
ELEMENT AND FUTURE LAND USE MAP TO ESTABLISH A
TRANSIT ORIENTED DEVELOPMENT SUBDISTRICT; AND
DIRECTING TRANSMITTM., OF THE ADOPTED AMENDMENT
TO THE FLORIDA DEPARTMENT OF COMMERCE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (II I:202 I 0000660
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq.. Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
an.d 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, staff has prepared an amendment to the Immokalee Area Master Plan
Element of the Growth Management Plan and Future Land Use Map; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Commerce for preliminary review on April 13, 2023, after public hearings before
the Collier County Planning Commission and the Board of County Commissioners; and
WHEREAS, the Department of Commerce reviewed the amendment 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 Commerce to adopt, adopt with changes or not adopt the proposed amendment to
the Growth Management Plan; and
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Pt..20210000o0;lnunokalcc Area Master Plan
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WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment 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 October 5, 202,3,, , and the
Collier County Board of County Commissioners held On_NoyprnInt...14,_.2023 ; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, "fHEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECHON ONE: ADOPTION OF AMENDMENT TO THE IMMOK.ALEE AREA
MAS'FER PLAN ELEMENT AND FUTURE, LAND USE MAP OF 1111
GROWITI MANAGEMENT PLAN
The amendment to the Immokalee Area Master Plan Element of the Growth Management
Plan and Future Land Use Map, attached hereto as Exhibit "A- and incorporated herein by
reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be
transmitted to the Florida Department of Commerce.
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 he issued or commenced before it has
become effective.
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P1.20210000660 1 Inunokalee Area Mastcr Plan
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PASSED AND jk:LY ADO! TED by the Board of Co Commissioners of Collier
County, Florida this I dayof 1 \,'AI/(. unt.
ATTEST:TEST: , BOARD OF COUNTY COMMISSIONERS
RS
CRYSTAL K. KIN/FL, CI.I?RK COLLIER COUNTY, FLORIDA
OC, Fi
E:3 y'
"Deputy Clerk Rick LoCastro, Chairman
Attest as to Chairman's
L... signature only
Tills ordinance filed with ihb
Approved as to form and legality: S f rotary of State': Qfa_e_g
—tie.. day of _
0
and acknowledge
n f that
it fi!ing _receivedtlyi; :y
E eti-,, i Ashton-C'icko `1
Managing Assistant County Attorney BY u•Runw Ctark
Attachment: Exhibit A —Immokalee Area Master Plan Element and Map
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Pi_20210000660-Immokatec Area Master flan
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P1,20210000660
EXHIBIT A
IMMOKALEE AREA MASTER PLAN
GOALS, OBJECTIVES AND POLICIES
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GOAL 1:
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OBJECTIVE 5:
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Policy 5.1.1: Future Land Use Designation
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A. URBAN — MIXED USE DISTRICT
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6. Transit Oriented Development Subdistrict
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LAND USE DESIGNATION DESCRIPTION SECTION
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A. URBAN — MIXED USE DISTRICT
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6. Transit Oriented Development Subdistrict
The purpose of this subdistrict is to promote high-density residential development along existing
or proposed transit routes of the Collier Area Transit (CAT) system, known as Transit Oriented
Development (TOD), within a portion of the Urban Mixed Use District. TODs are further described
in the Land Development Code. As stated in Transportation Element Policy 12.10, TODs may
increase transit ridership thereby reducing single occupancy trips and vehicle miles travelled. A
TOD project is eligible for. but not entitled to, thirteen (13) dwelling units per gross acre, subject
to paragraphs a. through f. below. The Density Rating System is not applicable to TOOs.
A TOD that includes housing that is affordable is eligible for, but not entitled to, up to an additional
twelve (12) dwelling units per acre subject to paragraphs a. through h. below.
a. The TOD must be located along an existing or proposed CAT fixed route.
b. At least one half (1/21 of the proposed dwelling units must be located within one quarter
(1/i) mile of an existing CAT stop, shelter or station or the TOD shall commit to providing
said facility within 1/4 mile of those units prior to. or concurrent with, the first residential
Certificate of Occupancy.
c. The TOD must comply with the transit oriented development design standards contained
in Chapter 4 of the LOC.
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di The project site is not within the Commercial — Mixed Use Subdistrict (C-MU) or
Recreational/Tourist Subdistrict (RT).
e. Only residential multi-family dvveU|nO units are allowed.
f, The T[)D must bn compact and pedestrian oriented.
QL There iam commitment bv Ordinance 0r Agreement approved bythe Board VfCounty
Commissioners that a|| units shall be maintained affordable in accordance with LOC
Section 2.O7.U2. and pursuant{oLDC Section4O2.42.
h, The maximum density shall not exceed twenty-five (25) dwelling units per qross acre.
text break
FUTURE LAND USE MAP
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 21, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-58, which was filed in this office on November 16,
2023.
If you have any questions or need further assistance, please contact me at(850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270