Ordinance 2024-07 ORDINANCE NO.2024- 0 7
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE 89-05,
AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT AND MAP SERIES BY CHANGING THE LAND USE
DESIGNATION OF PROPERTY IN THE URBAN, MIXED USE
DISTRICT, FROM URBAN COASTAL FRINGE SUBDISTRICT TO
THE HOME DEPOT-SE NAPLES COMMERCIAL SUBDISTRICT, TO
ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS
FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) ZONING
DISTRICT USES AND HOME IMPROVEMENT STORE USES, AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE.
THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF
TAMIAMI TRAIL EAST (U.S. 41)APPROXIMATELY 650 FEET EAST
OF BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 13.77±ACRES. IPL202200009461
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, Coleman, Yovanovich & Koester, P.A., 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
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WHEREAS, the Collier County Planning Commission (CCPC) on February 1, 2024,
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
March 26, 2024; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT ORDAINED 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 Future Land Use Map 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 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 be issued or commenced before it has
become effective.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this c21o4h day of in Gam'e}-1 2024.
ATTEST:_... • `'', BOARD OF COUNTY COMMISSIONERS
CRYS' '• ' i ZL, CLERK COLLIER COUNTY, FLORIDA
r By:
Depu'Clerk C ' a 1,
Chairman
j st s to hairtfl n's �-
signature only
a,:
Approved as to form and legality: (�
6 A A ,,,____ -\-),e°'
\
Reid s ton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Text and Map
t't,isdinonce filed with the
Seer@@tary of 5iate'S pffies
51 day of .
and acknowiedge:ent ff that�y
Ellin receive this
7�
of t
awl,
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Exhibit A PL20220000946
EXHIBIT A
FUTURE LAND USE ELEMENT
*** *** *** *** *** *** *** *** *** *** *** *** ***
Policy 1.5: [page 9]
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
*** *** *** *** *** *** *** *** *** *** *** *** ***
C. URBAN —COMMERCIAL DISTRICT
1. Mixed Use Activity Center Subdistrict
*** *** *** *** *** *** *** *** *** *** *** *** ***
20. The Home Depot—SE Naples Commercial Subdistrict
*** *** *** *** *** *** *** *** *** *** *** *** ***
C. Urban Commercial District
*** *** *** *** *** *** *** *** *** *** *** *** ***
1. Mixed Use Activity Center Subdistrict
*** *** *** *** *** *** *** *** *** *** *** *** ***
19. Ivy Medical Subdistrict [page 77]
26. The Home Depot—SE Naples Commercial Subdistrict
This Subdistrict is approximately 13.77 acres in size and is located on the south side of
Tamiami Trail East (U.S. 41) approximately 0.15 miles southeast of Barefoot Williams Road
as depicted on the Home Depot—SE Naples Subdistrict Map. The purpose of this Subdistrict
is to provide a variety of commercial land uses, which include all permitted uses of the C-3,
Intermediate Commercial District as well as Home Improvement stores and related uses.
Development within the Subdistrict shall be subject to the following:
a. All development within this Subdistrict shall be rezoned to a Planned Unit Development
(PUD).
b. The PUD Ordinance must include development standards and buffers to ensure
compatibility with surrounding properties.
1. A six-foot high masonry wall shall be provided along the southern property line.
c. Allowable uses shall be limited to those:
Page 1 of 4
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Exhibit A PL20220000946
1. Uses permitted by right and by conditional use in the C-3, Commercial Intermediate
zoning district, as listed in the Collier County Land Development Code, Ordinance No.
04-41 as amended. Conditional uses are subject to approval through a public hearing
process.
2. Home improvement stores, including enclosed unroofed garden center(5211 —5261).
d. Development is limited to a maximum intensity of 140,000 square feet of gross floor
area.
FUTURE LAND USE MAP SERIES [page 164]
*** *** *** *** *** *** *** *** *** *** *** *** ***
Airport Carlisle Mixed Use Subdistrict Map
The Home Depot—SE Naples Commercial Subdistrict
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Exhibit A PL20220000946
EXHIBIT A PL20220000946
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FLORIDA DEPARTMENT OfSTATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 1, 2024
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. 2024-07, which was filed in this office on April 1, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270