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Ordinance 2007-79 ,,~,~172324~% :20' ~' -~,\ .t ~~~ 11 OROINANCEN007-2'- \J,~ W ,,//AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS \<<";", '11";/ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT ~~' 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 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, Robert L, Duane of Hole Montes and Associates, requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to create the "Collier Boulevard Community Facility Subdistrict" for property designated on the Future Land Use Map as Urban Mixed Use District, Urban Residential Fringe Subdistrict, to allow up to 368,000 square feet of church-sponsored institutional and residential uses, including 10 church- sponsored residential units, and up to 296 market rate and essential services personnel housing (non-church sponsored) units at a gross density of 4,28 dwelling units per acre, for a total of 306 residential units at a gross density of 4,43 dwelling units per acre, for property located on the east side of Collier Boulevard (CR-951), one-half mile north of Rattlesnake-Hammock Road (within the First Assembly of God PUD site), in Section 14, Township 50 South, Range 26 East, consisting of 69: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 r+<>"-~ - , :. 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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 Words underlined are additions; words strl,jsk IRrel,j~h are deletions meetings of the Callier 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 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: SEVERABI L1TY, 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 '-I i~ day of &.0''1 (x'b 2007, ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLUE~DA BY: ~ JAM?s COLETTA Chairman {~r'Uw --fr~l).L Att4>.t !!it to t...... . S1\l111atur. 0II1~ Approved as to form and legal suffiency: This ordinance filed with the.. Secretary 01 State's Office the .l3!!' day ol(\o""l.I. ,'2Dtl'I . 1h1'A '., i, 7ffl'/JJ7I"tIl1-~ and acknowledgeme~l~ t~at MarJ'OrilM Student-Stirling filing receIved thIS _ ay , ' I~I._ '2ot)~ ASSistant County Attorney 0 6}1,. '.... \ _ ..~ - Petition Cp.2005-13 Future Land Use Element and Future Land Use Map and Map serie: Deputy c,. Words underlined are additions; words stfllSI< tRreblgh are deletions 2 Exhibit A CP-2005-13 FUTURE LAND USE ELEMENT I. URBAN DESIGNATION A. Urban Mixed Use District 17. Collier Boulevard Communitv Facilitv Subdistrict [new text, page 47] The Collier Boulevard Community Facilitv Subdistrict como rises aooroximately 69 acres and is located on the east side of Collier Boulevard. aooroximatelv one- half mile north of the Collier Boulevard/Rattlesnake Hammock Road intersection, The purpose of this Subdistrict is to orovide communitv facilitv uses. orimarily institutional uses and other non-commercial uses aenerallv servina the public at larae. and residential uses. both affordable-workforce and market rate housina - all in a settina to be comoatible with surroundina land uses, The Subdistrict is intended to contain a mix of uses and services in a self-sufficient environment which lessens traffic imoacts uoon the external transoortation network and oublic services. while servina the needs of the community at larae. All develooment in this Subdistrict shall como Iv with the followina reauirements and limitations: a. Rezonina is encouraaed to be in the form of a PUD. b. Allowable land uses: 1) Community facilities such as churches. crouo housina uses. cemeteries. private schools and colleaes. 2) Child care facilities. 3) Residential dwellina units. not to exceed 306 units. 4) Essential services. as defined in the Collier County Land Develooment Code. Ordinance Number 04-41. in effect as of the effective date of adootion of this Subdistrict 5) Parks ooen soace. and recreational uses. c. The maximum floor area for institutional and other non-residential uses shall not exceed 368.000 sauare feet d. Of the 306 dwellina units total. a maximum of ten (10) units shall be reserved for occuoancv solelv bv church emolovees and church-related personnel and their families. The 10 church-related dwellina units will be considered incidental and accessory to the institutional uses within this Subdistrict e. A reauirement shall be out in place at the time of rezonina/PUD amendment that all but nine 19\ mobile home units currentlv on site shall be removed from the subiect orooertv orior to the construction of any housina not reserved for church-related emolovees. staff and oroaram oarticioants. The nine remainina mobile home units may serve as temoorary adult care units for oroaram oarticioants. and shall be removed as they are reolaced bY permanent residential structures. permanent adult care units. or within twenty-four 124\ months from the date of adootion of this Subdistrict. whichever is sooner. Words underlined are added; words struok through are deleted. 1 Exhibit A CP-2005-13 f. One hundred forty-seven of the 296 affordable-workforce and market rate housina units. as they become available. will be offered first to persons involved in orovidina essential services in Collier County. as defined in the County's Local Housina Assistance Plan. a. To achieve the density of aooroximatelv 4.28 dwellina units oer acre. and to allow develooment of the 192 non-church-related. non-base density dwellina units. the oroiect shall comolv with one or more of the followina: 1) the Affordable-Workforce Housina Densitv Bonus orovisions of the Collier County Land Develooment Code. Ordinance Number 04-41 in effect as of the date of adootion of this Subdistrict: or. 2) be desianated as a Community Workforce Housina Innovation Proaram ICWHIP) Proiect bv the State of Florida and comolv with all reauirements and limitations of that desianation. and provide a minimum of eiahtv (80) essential services personnel dwellina units - comorised of a minimum of ten 11 Q) dwellina units for those earnina less than 80% of the median income of Collier County. and a minimum of seventy (70) dwellina units for those earnina between 80% and 140% of the median income of Collier County: or. 3) enter into an aareement with Collier County assurina that no fewer than 147 affordable-workforce and market rate housina units are constructed and. as they become available. will be offered first to persons involved in orovidina essential services in Collier County. such aareement beina in effect for not less than fifteen (15) Years. includina a minimum of thirtv- five (35) dwellina units for those earnina no more than 150% of the median income of Collier County. and a minimum of twenty-five (25) dwellina units for those earnina no more than 80% of the median income. h. No more than 57 market rate dwellina units shall be constructed orior to the construction of all affordable-workforce housina dwellina units. L At the time of rezonina/PUD amendment. the maximum occuoancv oer dwellina unit in the 296 non-church-related dwellina units shall be addressed. as deemed aoorooriate bY the Board of County Commissioners. i. At the time of rezonina/PUD amendment. consideration shall be aiven to increasina the landscaoina reauirements alona The Lord's Way beyond existina Land Develooment Code reauirements. k. At the time of rezonina/PUD amendment. the oetitioner shall be reauired to mitiaate for the oroiect's imoacts uoon affected roadways in accordance with the concurrency manaaement system and as otherwise determined aoorooriate bv the Board of County Commissioners, I. Residential develooment shall be ohased. Phase One develooment is limited to 147 dwellina units for persons involved in orovidina essential services in Collier County and 10 church-related dwellina units. Phase Two develooment will consist of the remainina 149 market rate units for any Words underlined are added; words stFullk through are deleted. 2 Exhibit A CP-2005-13 orosoective property owner. plus any units allowed but not constructed durina Phase One. For the 149 market rate dwellina units in Phase Two. no Certificate of Occuoancv shall be issued until imorovements to the existina deficient seament of Davis Boulevard are comolete. Words underlined are added; words strusk through are deleted. 3 '" ~ oJ, 8 N , a. U z 0 f= f= w a. ~ .. ~ K T 41 S T .7 S ~ , ~ ~ . ! . ~ . i! i' l : , ; ~ 'I, 7 > , " , ! ~ ~ ., I , . "i ! ! 0 I i ~ s .l : '," 'II I, !i!. i!! I 1 " ~ I ". , I." II' , 1II i c ..~ ~ ~ i'> ~ ;t~ ~~ ~ ~~ 'II i ; 5 Q ;a I Hi J ~~ n t I! i DO_DUD! l"m_11ill1 ~ ~ i ~ ;t ~ 0 I i 1 ! l' I " "1"1" ,i L. 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I_l ~ 5OOn. 1 I ~ I PETITION CP-2005-13 I ==j L SWAMP BUGGY GROVNDS LEGEND ~ 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 2007-79 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 Commissioners / I - ' v 'Jy:dt<-- k~l-r 9? "---', . By: Martha Vergara, Deputy Clerk