Ordinance 2007-78
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~\\) ORDINANCE NO, 07-~
, ':1-, ~ /JAN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS
\~~.~t~ ",1:; AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
"c~6b L gs,'I1 PLAN FOR THE UNINCORPORATED AREA OF COLLIER
- COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO
THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE,
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WHEREAS, Collier County, pursuant to Section 163,3161, et. sea., 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 Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, D. Wayne Arnold of a. Grady Minor and Associates and Richard
Yovanovich, Esq., of Goodlette, Coleman and Johnson, P.A., requested an amendment to the
Future Land Use Map and Future Land Use Map and Map Series, to create the "Corkscrew
Island Neighborhood Commercial Subdistrict" within the Agricultural/Rural Mixed Use District,
for property designated on the Future Land Use Map as Rural Fringe Mixed Use Subdistrict,
Neutral Lands, to allow up to 70,000 square feet of retail, office and personal service uses, for
property located at the northwest corner of Immokalee Road and Platt Road, in Section 27,
Township 47 South, Range 27 East, consisting of 8:t acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on August 6, 2007; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Future Land Use Element and Future Land Use Element Future Land Use Map and Map Series,
to the Growth Management Plan and transmitted its findings in writing to Collier County within
the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendment to the Growth Management Plan;
and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Future
Land Use Element and Future land Use Element Future Land Use Map and Map Series, to the
Growth Management Plan on December 4,2007; and
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
meetings of the Collier County Planning Commission held on November 26, 2007, and the
Collier County Board of County Commissioners held on December 4, 2007; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met
Words underlined are additions; words ElrloJsk threloJgh are deletions
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 amendment to the Future Land
Use Element and Future Land Use Element Future Land Use Map and Map Series, in
accordance with Section 163.3184, Florida Statutes, The text and maps of the amendment are
attached hereto as Exhibit "A" and are incorporated by reference herein.
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 amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163,3184, Florida Statutes, whichever occurs earlier.
No development orders, development permits, or land uses dependent on this amendment may
be issued or commence before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may nevertheless be made effective
by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be
sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd., 3'd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this Ljft, day of ./Jta'"t<(!'''-12007.
ATTEST:
DWIGHT E. BROCK, Clerk
c.,
BOARD OF COUNTY COMMISSIONERS
COU.IE~A
BY: ~
JAM COLETTA
Chairman
lito
119l14ture 0111.
Approved as to form and legal suffiency:
Marjori M. Student-Stirling
Assistant County Attorney
~
This ordlnonce filed with the
Secretory of State's Office the
~ day of [),."..w.-, 2I;r[L"
and acknowledgement of that
filing received this ~ day
of.ll!t.:bobcY '2.1107 ~
BY~W .,
Petition CP-2005-9 Future land Use Element and Future land Use Map and Map Series
Words underlined are additions; words e;tr~sk l"'ro"!lR are deletions
2
Exhibit A
CP-2005-9
FUTURE LAND USE ELEMENT
Ii. AGRICUL TURAURURAL DESIGNATION
A. Agricultural/Rural Mixed Use District
2. Corkscrew Island Neiahborhood Commercial Subdistrict [new text, page 66]
This Subdistrict. comorisina aooroximatelv 8 acres. is located on the northwest
corner of the Immokalee Road/Platt Road intersection, The ouroose of this
Subdistrict is to orovide neiahborhood commercial uses - lower order retail.
office. and personal service uses - convenientlv located to serve the surroundina
rural area and oasserby-traffic,
Develooment in this Subdistrict shall co moly with the followina reauirements and
limitations:
a, Rezonina is encouraaed to be in the form of a PUD.
b. The Subdistrict shall be develooed as a unified olanned develooment with a
common architectural theme.
c, The Subdistrict shall be limited to a maximum aross leasable floor area of
70.000 sauare feet.
d. Uses shall be limited to those oermitted and conditional uses set forth in the
C-2. Commercial Convenience. Zonina District of the Collier County Land
Develooment Code, Ordinance Number 04-41. in effect as of the date of
adootion of this Subdistrict.
e, At the time of rezonina. access shall be restricted as deemed aoorooriate so
as to orovide safe inaress and earess.
f. At the time of rezonina. careful consideration shall be aiven to maximum
buildina heiahts, maximum buildina floor area for each use or structure.
maximum buildina floor area for the total site. landscaoina and bufferina
reauirements. buildina setbacks. and other site desian considerations. as well
as to allowable uses. so as to insure comoatibility with surroundina uses and
the rural character in which the Subdistrict is located, Further. since a private
well and seotic svstem will be utilized. allowable uses may be restricted so as
to oreclude those with hiah water demand (e.a. car washes) and those that
utilize residual chemicals or solvents (e.a. drv cleaners).
Words underlined are added; words struok through are deleted.
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CORKSCREW ISLAND NEIGHBORHOOD COMMERCIAL SUBDISTRICT
EXHIBIT A
PETITION CP-2005-09
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PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION
COMI.4UNITY DEVELOPMENT AND ENIJIRONl.4ENTAL SERVICES DIIIISlON
DATE: 12/2007 FILE: CP-2005-09A.DWG
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LEGEND
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. SUBDISTRICT
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-78
Which was adopted by the Board of County Commissioners
on the 4th day of December, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of December, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commi~si6ners
(/ )~z6t--~~ /~
By: Martha verga~,
Deputy Clerk