Ordinance 92-014 ORDINANCE NO. 92-14
AN ORDINANCE AMENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
ESTABLISHES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 8509S: BY
CH/~NGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE C-4,
GENERAL COM14ERCIAL ZONING CLASSIFICATION TO
CLASSIFICATION WITH LIMITATIONS, FOR
PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41
AND APPROXI~.~TELY 3/4 MILE SOUTH OF THE LEE
COUNTY LINE, LYING IN SECTION 9, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section l(f) of the Constitution of
Florida confers on counties broad ordinance-making power when
not inconsistent with general or special law; and
WHEREAS, Chapter 125.01, F~orida Statutes, confers on all
counties in Florida general powers of government, including the
ordinance-making power and the power to plan and regulate the
use of land and water; and
WHEREAS, On January 10, 1989, Collier County adopted the
Collier County Growth Management Plan as its Comprehensive Plan
pursuant to the requirements Chapter 163, Part II, Florida
Statu~S, also known as the Local Government Comprehensive
Planning and Land Development Regulation Act of 1985 and Chapter
9J-5, Florida Administrative Code, also known as the Minimum
Criteria for Review of Local Government Comprehensive Plans and
Determinati6n of Compliance; and
WHEREAS, the Board of County Commissioners of Collier
County finds that development for which zoning has already been
approved by Collier County and potential zoning within Urban
Designated Areas of the Collier County Growth Management Plan
will accommodate approximately 350,000 dwelling units in the
unincorporated Coastal Urban Area of Collier County, and that
commercial zoning in excess of 4,600 acres has been approved,
.i. while th(~ Capital Improvement Element of the Growth Management
,',~.' Plan would serve only a fraction of the planned and approved,
' i~" yet unbuilt, development; and
WHEREAS, because of these estimates and projections, the
Future ~3nd Use Map and Element of the Collier County Growth
Management Plan and the Support Documents project and provide
· ~ for over 60 years of growth while the Capital.Improvement
Element of the Collier County Growth Management Plan provides
for only five (5) years of funding and onl~ ten (10) years of
needs and deficiency assessments for.public facilities for all
categories, except that roads are also in the process of being
tentatively planned for up to 25 years of growth; and
WHEREAS, as a result of the realization of this serious and
significant imbalance between planned land uses and planned
public facilities by the Board of County Commissioners of
· . Collier County, the Board of County Commissioners of Collier
County finds that Collier County faces real, serious and
imminent problems that will result from the planned and
approved, yet unbuilt, development in that it exceeds the
financial resources of Collier County to fund projected carrying
capacity of the existing and planned public facilities of
Collier County and that it is inconsistent with the e'xisting and
desired community character of Collier County; and
WHEREAS, at the time of adoption of the Growth Management
Plan, the Board of County Commissioners of Collier County
recognized ~he need to balance evacuation capability and the
at-risk population in the Hurricane Vulnerability Zones in
Collier County by limiting or reducing the.maximum permitted
densities in those zones to ensure that the population at risk
in those zones of high risk could safely evacuate during the
time of a hurricane event; and
WHEREAS, the Board of County Commissioners of Collier
County acknowledged the report, of the Regional/Urban Design Team
for the Naples area dated April, 1987 and subsequent
recommendations of the R/UDAT Citizen Committee and approved a
revised commercial allocation system to promote superior urban
design by managing road access, avoiding commercial strip
development, improving overall traffic circulation patterns and
proV~ing community focal points; and
WHEREAS, the Growth Management Plan, through the Future
Land Use Map and the Goals, Objectives and Policies, strives to
coordinate land use with the provision of adequate roads, sewer,
water, drainage facilities, sol-id waste facilities and parks and
recreation opportunities; coordinate coastal population
densities with the Regional Hurricane Evacuation Plan; and
discourage unacceptable levels of urban sprawl; and
WHEREAS, the cSst ko the public and Collier County to
provide adequate public facilities for planned and approved, yet
unbuilt, development is too great of a financial burden and
would cause the public and Collier County undue fiscal hardship;
and
WHEREAS, additionally, the Board of County Commissioners of
Collier County recognizes that if a substantial amount of the
unimproved property were allowed to develop and be constructed
under existing zoning districts inconsistent with the Growth
Management Plan, it would encourage urban sprawl, promote strip
commercial development, negatively impact the character of
residential neighborhoods and commercial areas, and force
Collier County to make premature ad hoc land use commitments;
and
WHEREAS, Collier County has attempted'to address these
problems by including several provisions in the Collier County
Growth Management Plan, including Objective i and related
Policies and Policy 3.1.K of the Future Land Use Element of the
Collier County Growth Management Plan, and by. providing that
land development regulations be adopted and contain provisions
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to implement the Collier County Growth Management Plan and
include at a minimum, intg~ alia, the establishment of a zoning
Reevaluation Program for unimproved property; and
WHEREAS, Objective 1 of the Future Land Use Element
requires all new or revised uses of land to be consistent with
designations outlined on the Future Land Use Map; and
WHEREAS, Policy 3.1.K of the Future Land'Use Element of the
Collier Coun{y Growth Management Plan furthermore provides for
the rezoning of inconsistent, unimproved p~operties to a zoning
district consistent with the Growth Management Plan; and
WHEREAS, pursuant to Sec. 163.3194(3)(a), ~la, Stat., land
development regulations shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities,
and other aspects of development permitted by such regulations
are compatible with and further the objectives, policies, land
uses, and densities or intensities in the Comprehensive Plan and
if it meets all other criteria enumerated by the local
government; and
WHEREAS, in order, to comply with the foregoing
authorities, findings and the Act, it is necessary to rezone
large areas in the unincorporated portion of Collier County to
zoning districts consistent with the Growth Management Plan; and
WHEREAS, the owner of the herein described property has not
submitted an application as provided for in Sections 2.4
(Exemptions), 10 (Compatibility Exceptions), and.ll
(Determination of Vested Rights) of the Zoning Reevaluation
Ordinance; and
WHEREAS, Polic~ 3.1.K of the Future Land Use Element of the
Growth l~anagement Plan and the Stipulated Settlement Agreement
in DOAH Case No. 89-1299 GM requires commercially, industrially
and residentially zoned property inconsistent with the Growth
Management Plan and unimproved to be rezoned to consistent
zoning districts; and
WHEREAS, the Board of County Commissioners finds that the
C-3 zoning classification, with the limitations contained
herein, is the zoning classification needed to afford
compatibility and minimum beneficial use to the property owner;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
.~The zoning classification of the hereinafter described real
property located in Section 9, Township 48'South, Range 25 East,
Collier.County, Florida, is changed from the C-4, General
Commercial Zoning District to the C-3, Commercial Intermediate
Zoning District with a floor area limitation of 50,000 square
feet, a height limitation of two stories, and a requirement to
provide a landscape buffer along the north and south property
lines twice that required by Section 2.4.7 of the Land
Development Code, and the Official Zoning Atlas Map Number
8509S, as described in Ordinance 91-102, the Collier County Land
Development Code, is hereby amended accordingly:
STRAP# 482509-012.000 further described as that part of the
'North 1/2 of the Southeast 1/4 of the Southeast 1/4 of
Section 9, Township 48 South, Range 25 East, Collier
County, Florida, lying East of U.S. 41.
SECTION TWO: 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.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 25th day of
February , 1992.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES C. GILES, CLERK '~ ' 2/25/92
BY: _ ~"
By: .~~ ~. ~. ,
~:APPROVED AS T~ FO~ AND ~GAL~ SUFFI'CI~CY:
MarJo.r!9 ~'Stufi~t ~ls o~lnance filed with the
~to~ o~State's O~fice ~m
Assist~n~:'Coun~ Attorney ~day o~~ / ~
and ockn~ledgem~ that
fi~r~c~ive~ t~s~ day
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 92-14
which was adopted by the Board of County Commissioners on
the 25th day of February, 1992 during Regular Session.
WITNESS my hand and. the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of March, 1992.
,~-~ ~ ~ ' .
JAMES C. GILES -. .? ... .......~
Clerk of Courts and uAe~. ... .
Ex-officio to Board of ~" '""
County Commissioners
· ,~...:
By: /s/Ell]e Hoffman ..,? "~C
Deputy Clerk ~,~f~ .
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