Ordinance 87-051 ii'EC£lvE[F
ORDINANCE NO. 87- 51
AN ORDINANCE ESTABLISHING AND IMPOSING.~L£~:
ON THE APPLICATION OR USE
MO~TORIUM
THE CO~ERCIAL CALCULATION FO~ULA FOR
RES IDENTI~ PLANNED UN IT DEVELOPMENTS,
CO.ONLY KNO~ AS THE 5-2-1 RULE, SET
FORTH ON PAGES 15 and 15.1 OF COLLIER
COUNTY ORDINANCE NO. 83-54, THE COLLIER
COUNTY COMPREHENSIVE PLAN; PROVIDING THAT
THE MO~TORIUM SHALL BE IN EFFECT FOR A
PERIOD OF 1 YEAR; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners has identified a
critical and immediate concern with the application of the 5-2-1
commercial calculation formula and criteria for residential
Planned Unit Developments (PUDs) as set forth on pages 15 and.:
15.1 of Collier County Ordinance No. 83-54, the Collier County
Comprehensive Plan; and
WHEREAS, the concern with the application of the 5-2-1 Rule
relates to the location of commercial uses, types of commercial~'~I'~'-''';
uses and amount of commercial zoning that can or could arguably
be allowed pursuant to the 5-2-1 provision as it now exists; and
WHEREAS, it is currently the intent of Collier County to
provide for a study of commercial land use needs in the County,
including Davis Boulevard, with said study to be conducted over
the next 6 to 9 months and providing for:
a) An identification of an inventory of the amount, type
and location of commercial land uses in the County;
b) A determination of the demand for various types of
commercial land uses in the near term and the long term;
c) Identification of development standards to provide
guidance in the planning process for locating commercial ~s~f
various intensities;
d) Identification of commercial acreage, by t~ ~d
intensity of commercial land use, that should be provide~'~o~in~ ~
the future land use element of the Comprehensive Plan;
WHEREAS, the Board finds that it is in the best interest of
the citizens of Collier County to provide for the types of
commercial uses and amount of commercial zoning within
residential PUDs after the County is in a position to evaluate.
commercial zoning for the County as a whole through the study
described above; and
WHEREAS, after determination of the appropriate criteria for
commercial zoning within residential PUDs it will be necessary to
amend the Collier County Comprehensive Plan in accordance with
state and local requirements for amendments. ~o the Comprehensive
Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. A moratorium is hereby established and imposed on the
application or use of the 5-2-1 commercial calculation formula.:
and criteria for residential PUDs set forth on pages 15 and 15.1
of Collier County Ordinance No. 83-54, the Collier County
Comprehensive Plan. The specific language to which this
moratorium applies is set forth as follows:
?
Residential Planned Unit Developments (PUD's) are allowed to
have up to five percent of the land for commercial use without
amending the Comprehensive Plan if they are less than two-hundred
acres in size. For PUD's between 200-400 acres 2% of the project
area over 200 acres may be used for commercial. And for PUD's
over 400 acres 1% of the area in excess of 400 acres may be used
for commercial uses (See Table 1). This commercial land is
intended to serve the residents of the PUD in order to reduce the
number of off-site trips. It is intended that such commercial
uses should follow the criteria listed below:
The focus of the commercial shall be to the PUD's
residents, it shall be located within the PUD and it
shall not.promote strip commercialization.
The uses are considered lower level order of goods and
services such as support retail uses and offices.
In Certain instances, additional commercial acreage in
residential PUD's beyond that permitted by the
neighborhood commercial 5-2-1 rule may be considered.
If a PUD is projected to have more than 2,400 dwelling
units it may be permitted to have commercial parcels
which meet the criteria of the community commercial
nodes and/or specialized commercial uses, such as
hotel/motel theme, a specialized retail theme or a
recreational theme. Therefore, it would not have to
comply with items 1-2 discussed above. The criteria
for determining the location and amount of community
commercial permitted are the service area, service
population, and access. The community commercial node
must be limited to one parcel and is not meant to allow
commercial uses dispersed throughout a project nor
shall it promote strip commercial. Additional
commercial nodes will not be permitted for those PUD's
which have an existing commercial node within or
230
adjacent to its boundaries. The specialized commercial
uses are to be located in the interior of the PUD;
however in certain circumstances when determined by the
Community Development Administrator the specialized
commercial uses may be located on the perimeter
boundary of the PUD.
TABLE 1
PLANNED UNIT DEVELOPMENT COMMERCIAL USAGE
PUD ACREAGE MAXIMUM PERMITTED COMMERCIAL AREA
0-200 acres 5% of PUD acreage
201-400 acres 5% of 200 acres plus
2% of area over 200 acres
over 400 acres 5% of first 200 acres plus
2% of second 200 acres plus
1% of area over 400 acres
The moratorium on the use or application of the 5-2-1
commercial calculation formula and criteria shall not be
applicable to a residential PUD rezoning petition or PUD
amendment which includes or addresses previously approved
commercial zoning where the purpose of the rezoning petition or
PUD amendment is to adjust . or alter the location qf the
commercial uses and does not entail an increase in the intensity
(acreage, square footage and/or use) of the commercial activity.
2. The moratorium on the use or application of the 5-2-1
commercial calculation formula and criteria for residential PUDs,
is hereby established and imposed for a period of 1 year. The
Board finds it appropriate and necessary to establish a 1 year
· moratorium in order.to conduct and evaluate the necessary studies
and research to determine the type, amounts, recommended
locations and related criteria for evaluation of commercial
zoning within residential Planned Unit Developments and to comply
with appropriate time requirements for amendment of the Collier
County Comprehensive Plan to incorporate necessary provisions
therein. Further, no rezone petitions shall be processed or
reviewed by the County where suc~ petition requests residential
P.U.D. commercial pursuant to the 5-2-1 commercial calculation
formula and where such petition was submitted on or after
June 23, 1987.
- 3 -
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
JAMES C. GILES, Clerk
By:
Virgi~..Magrl~ Depu~ Clerk
Approvod as to form and
legal suff±¢£ency:
Kenneth B. Cuyl~,
County Attorney
2tr~ day of J,,ne , 1987.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
MAX A. ~tASSE, JR<., Chai~an
- 4 -
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. 87-51
which was adopted by the Board of County Commissioners on the
23rd day of June, 1987, during Regular Session.
WITNESS my hand and the official seal.of the Board of
County Com~ssJoners of C~llier County,oFlorida, this.~23rd
day of dune, 1.987.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to the Board of
County Commissioners ~',,I Il,
ViF~ffinia Magri
D~puty Clerk ~