Ordinance 93-08 OROIN CE NO. 93-
AN ORDINANCE A~ENDING ORDINANCE 89-05, AS
ANENDED, THE "COLLIER COUNTY GROWTH
~AGEMENT P~", FOR ~E ~INCORPO~TED
~EA OF COLLIER COUNTY, F~RIDA ~ BY
~ENDXNG THE ~RE ~D USE E~MENT TEXT
FOR THE A~IVITY CENTER SUBDISTRICT OF THE
~RE ~D 'USE DESIGNATION' DESCRI~ION
SECTION TO AL~W INDUSTRIAL USES WITHIN THE
INTERC~GE A~IVITY CENTER DIRECTLY
RE~TED TO TOL~ATE CO~ERCIAL CENTER
DEVE~PMENT OF ~GIONAL IMPA~ PURSUIT TO
THE STIPU~TED SEdiMENT AGREEMENT WITH
DEPONENT OF CO~NITY AFFAIRS DATED
NOVEMBER 17, 1992 ~ BY PROVIDING FOR
SEVE~BILITY~ ~D BY PROVIDING ~ EFFE~IVE
DATE ·
WHEkEAS, the Board of County Commissioners of Collier County,
adopted the Collier County Growth Management Plan by Ordinance
Number 89-05 on January 10, 1989, as required by Section 163.3184,
LI~=t~I~_~~ and
WHEREAS, the Board of County Commissioners of Collier County
adopted the Tollgate Comprehensive Plan Amendment to the Collier
County Growth Management Plan on December 17, 1991, by Ordinance
=
Number 91-110~ and
W}~REAS, Collier County received a "Notice and Statement of
Intent to Find the Tollgate Comprehensive Plan Amendment Not in
Compliance" [Docket No. 91-D1-NOI-1101-(A)-(N)] on February 12,
1992, pursuant to Section 163.3184, ~~ End
WHEREAS, the Department of Community Affairs filed its
Petition with the Division of Administrative Hearings (DOAN)
requesting an Administrative Hearing on the issue of compliance of
said Amendment to the the Collier County Growth Management Plan
with Chapter 163, ~ and Rule 9J-5, Florida :
Administrative Code~ and
WHEREAS, on November 17, 1992, Collier County entered into a
Stipulated Settlement Agreement with the Department of Community
Affairs requiring that certain remedial plan amendments be adopted
by the Board of County Commissioners~'and
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WHEREAS, the Stipulated Settlement Agreement requires that
the Future Land Use Element of the Collier County Growth
Management Plan be amended consistent with Exhibit B of said
Agreement; and
WHEREAS, the Department of Community Affairs, within
forty-five (45) days of receipt of Collier County's adopted
remedial Tollgate Comprehensive Plan Amendment, shall review an~
determine if this Amendment is in compliance with the Local
Government Comprehensive Planning and Land Development Regulation
Act of 1985; the State Comprehensive Plan, the appropriate
Regional Policy Plan; and Rule 9J-5, Florida Administrative Code,
pursuant to Subsection 163.3184(8)(a), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONES REMEDIAL PLAN AMENDMENTS.
This Ordinance, as described herein, shall be known as the
Tollgate Comprehensive Plan Amendment for Collier County, Florida.
The Tollgate Comprehensive Plan Amendment consists of amending the
Future Land Use Element text for the Activity Center Subdistrict
of the Future Land Use Designation description section to allow
industrial uses within the Interchange Activity Center directly
related to Tollgate Commercial Center Development of Regional
Impact, more particularly set forth in Exhibit A, attached hereto
and incorporated by reference herein.
~x 2EVERABILITY.
If any phrase of portion of this'Ordinance is held invalid or
unconstitutional by any e6urt 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.
~~ EFFECTIVE DATE.
This Ordinance shall become effective upon receipt. of notice
from.the Secretary of State that this Ordinance has been filed
with the Secretary of State.
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PASSED ~uND DULY ADOPTED by the Board of County Commissioners
of Collier County this f day of %;"1993.
ATTEST: ~ BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BR6C. K, CLERK COLLIER COUNTY, FLORIDA
Approved 'as to form and
legal sufficiency:
Assistant County Attorney Thts o.]|no.ce filed with ~e
cnd ockno%'led~ement of
of 8 c~ ' ~
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EXHIBIT A
FUTURE LAND USE ELEMENT DESIGNATION
DESCRIPTION SECTION
URBAN DESIGNATION
B. URBAN-COMMERCIAL DISTRICT
1. ACTIVITY CENTER SUBDISTRICT
"The standard for intensity of uses within each Activity
Center is that the full array of commercial uses may be
allowed. It is preferred that all new commercial zoning
within Activity Centers shall be in the form of a Planned
Unit Development.
....... the unique locatlcn
Ac~Ivlty Centers, some Light Industrial land uses ....
............... ~ty
each ~uc.h use is reviewed --~ found .... compatible
exlatlr,~ and ~e~-~k-e . ..~.~ industrial uses
storage and dlatribution.
To ensure compatibility of Light Industrial land uaea
theaa Activity Centera aa g~ewaya ~ the ....... '~-- d~sign
.............. land ping ............ be~,ing al~ng ~h~
development an ~a .......... ,. Wholesale .......... uses
shall not be ......... immediately adjacent to the
right-of way of the Interstate. ::o outald& storage or
display la pe-~.itted. Specific language a3 to pemltted
Light Induatrlal uses, compatibility req~ire~.anta, and
development standards shall appear in the Planned Uni~
Development documents. Site specific .... ~ .......
will be reviewed during the Site Development .... approval
' ' ......................... be II '- II in
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WORDS UNDERLINED AR~ ADD~D~ ~ORDS GT~UOX TIIROUGII ~R~
:
Industrial land uses shall be allowed within the Interchanue
Activity Centers identified below:
a.the southwest and southeast ~uadrants of Immokalee Road
~n~ Interstate 75 InterchanGe Activity Center
b. all ~u~drants oT C.R. 951 and Interstate 75 InterchanGe
Activity Center.
~;~d on the unique location and [unction of InterchanGe
Activity Centers. some Industrial land uses that serve
r~ql~Dal markets and derive specific benefit when located in
~he InterchanGe Activity Centers shall be allowed.' provided
each such use is reviewed and found to be comoatible with
existing and aDDroved land uses. Industrial uses shall be
limited to: manufacturinG. warehousinG. storage and
~$tribution.
The roll~winu conditions shall be required to ensure
comDatiblitv of Industrial land uses with other commercial.
residential and/or institutional land uses in the InterchanGe
Activity Centers= to maintain the appearance of these
InterchanGe Activity Centers as Gateways to the community~
and to mitigate any adverse impacts caused by noise. Glare or
fumes to the adjacent property owners:
- LandscapinG. bufferin~ and/or berminG shall be
installed along the Interstate: and
- Fencing shall be wooden or masonry= and
- Each Dro~ect sha11 adhere to the Collier County
Code: and
- Wholesale and storage uses sh'a11 not be Petitted
immediately adjacent to the riuht-o=-w~V of the
Interstate: and
- No outside storage or disulav shall be Demitted;
and
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WORDS ~ARE ADDED~ WORDS ........ TX~OUGI~ ARE DELETED
· ' - If hazardous DrOd~g~ or hazardous wastes
defined in the Ground Water Protection Ordinance No.
91-103 as adooted oD November 6. 1991~ are
tencrated. used or stQred on the site. a containment
plan for hazardous material handline and emercencv
response shall be reauired to be Provided to the
County Manacer; and
- Annual monitorina reports shall be submitted as part
Qf the moni~Qrinu re~uirements for Planned Unit
Developments on types. ~l/antities and disposition of
hazardous materials: and
- Disposal or r~l~ase of hazardous waste to soil or
water shall be prohibited~ and
- Central water add sewace systems shall be recruited
within the identified Interchange Activity Centers~
and
- No septic tank systems shall be permitted: and
- No direct access to the Interstate richt-of-wav
shall be permitted; and
- Until ~1] an Access Control Policy is adooted by
Collier Countv pursuant to Policy 7.1 of the Traffic
Circulation Element or ~2~ an Access Management Plan
is adopted by Collier County pursuant to Policy 4.4
of the Futur~ Land Use Element is developed and
incorporated into the Growth Management Plan by
Agcust 1993 or ~3] the Sta~e of Florida
Manacement Plan fwhere applicable] is in place add
which are at least as restrictive as the ~uidelines
below. all new rezoninc approvals shall be required
to adhere to sDacin~ of full access points with
median openinas of 1320 feet as measured from the
end of the taper of the ramp furtherest from the
Interchance; a~
- Joint access and frontage roads shall be established
when frontaces cannot meet the access sDacinc: and
- Access points and median openings shall be designed
tO provide adequate turnin~ radii to accommodate
truck traffic and to minimize the need for U-turn
movements~ and
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WORDS UNDERLINED ARE ADDED; WORDS ST?,UCK TX|P, OUGXI ARE DELETED
' - The develooer shall be responsible to provide all
necessary traffic imorovements (i.e.. traffic
signals. turn lanes. deceleration lanes. etc.]: and
- A maximum floQr area ratio {FAR% for the designated
Industrial land use comoonent of the projects shall
be established at .45~ and
- The land use mix at the two {2~ designated
interchanges ~av include residential. commercial or
industrial land_uses Provided each land use is
compatible. The land use mix and intensity of uses
are as follows:
a. the southwest and southeast cruadrant~ of
Immokalee Road and Interstate 75 Interchange
Activity Center shall contain the following mix
of land uses: commercial - 75% and industrial -
25%
b. all cuadrants of C.R. 951 and Interstate 75
Interchanue Activity Center shall contain the
followina mix of land uses: residential - 5~,
commercial - 52% and industrial - 43~
- This land use mix may vary due to market demand and
demonstrated need for a particular tYPe of land use;
chanaed conditions or shifts in land Use patterns.'_
and negative impacts on public infrastructure, The
maximum degree of chanae permitted in the %VDe of
land use would allow no more than 25% variation from
the land use mix and intensity identified for each
InterchanGe Activity Center.
The Planned Unit Development and/or reZonina ordinanc-
document shall contain SPeCifiC lanaua~e regarding the
permitted Industrial land uses. comDatiblitv recuirements.
and development standards consistentv with the abQV-
cuidelines. site sPecifiC development details will be
reviewed durina the Site Development Plan review process.
There shall be no minimum acreage limitation for such Planned
Unit Developments. All new residential zoning shall be
consistent with the Density Rating System. Hotels and motels
that located within an Activity Center will be allowed to
develop at a density consistent with the Zoning Ordinance."
4
WORDS P/~ ARE ADDED; WORDS ~TP, UCX~ TXIRGUG|t ARE DELETED
%
.m
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 copy of..
Ordinance No. 93-8
which was adopted by the Board of County Commissioners on
the 9th day of February, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida. this llth
day of February, 1993.
DWIGHT E. BROCK ""'.
Clerk of Courts and Clerk ~\~3",~%~S ~,~,
Ex-officlo to Board of ~.v~f..". ...... ...
Count~ Co~issioners ~.."
· . ..'.~
" eputy Clerk."" '~ "" · "~i~'.
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