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Ordinance 2014-27 ORDINANCE NO. 14-27 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY RECONFIGURING THE BOUNDARY AND INCREASING THE SIZE OF THE NORTHEAST QUADRANT OF MIXED USE ACTIVITY CENTER NO. 7 BY 9.24 ACRES (RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD). THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1,005 FEET NORTH OF RATTLESNAKE HAMMOCK ROAD EXTENSION IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 9.24 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130002249 /CPSS-2013-2] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., 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 Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Amerisite LLC requested an amendment to the Future Land Use Element to increase the size of the northeast quadrant of Mixed Use Activity Center#7; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and PL20130002249/CPSS-2013-2—Collier Boulevard Properties—MUAC#7 Page 1 of 3 Small Scale Adoption Amendment-Rev.6/2/14 Words underlined are added; words stuek-thr-eugh have been deleted; * * * indicates break in pages CA WHEREAS, the Collier County Planning Commission (CCPC) on June 5, 2014 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on July 8, 2014; 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 small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. 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 plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. 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 state land planning agency. PL20130002249/CPSS-2013-2—Collier Boulevard Properties—MUAC#7 Page 2 of 3 Small Scale Adoption Amendment-Rev. 6/2/14 Words underlined are added; words struck through have been deleted; * * * indicates break in pages CA PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER CO TY, FLORIDA C/1/4.1,\ " TOM HE 1 G, Chairman Attes���l ' , signature only. Approved as to form and Legality: eidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment CP\14-CMP-00912\12 This ordinance filed with the Secretory of tote's Of Ace the .l day of OU1ti ._, 4014 and acknowledgementA,,that �� fili • received this �`r day of .. _ , 2oi4- By �* . . r.Ira PL20130002249/CPSS-2013-2—Collier Boulevard Properties—MUAC#7 Page 3 of 3 Small Scale Adoption Amendment-Rev.6/2/14 Words underlined are added;words truck through have been deleted; * * * indicates break in pages (1) PL20130002249 CPSS-2013-2 FUTURE LAND USE ELEMENT C. Urban Commercial District 1. Mixed Use Activity Center Subdistrict [revised text, page 56] Master Planned Activity Centers 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however... *** *** *** *** *** text break *** *** *** *** *** The maximum amount of commercial uses allowed at Activity Center # 7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 68.3 acres and the southeast quadrant may have a total of 49.2 acres, for a total of 188.2 197.5 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. The addition of the 9.3 acres to the northeast quadrant of the Activity Center shall not be the basis for adjacent parcels to be rezoned to commercial pursuant the Office and Infill Commercial Subdistrict. With respect to the +/- 19 acres in the northeast quadrant of Activity Center#7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities—this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and,fitness centers. Exhibit A Page 1 of 2 Struck through language deleted; underlined language added. 0 / \ \\ rs ® \ \§ ; CV CV■ ! ! ( E \ | § \ �} _ k u ® | \ - " . (\;II\ZS ). ) • , W / - ]/4 ,\ ( > ® : ° \ [ U ! z : \7 « ( ` ` ` | te \ � \]f § / !§J 4 4 a k ƒ §« / 11 Roq \ \ % /` / 4 E .m 1 Pi ti _ o� o L\/ 4 6 u 2\ 2 § 4 ! • § \ ^ x mg. ; \ , � /[� � _�� ,� . II§ ; o! Ili | a\ | - � ' Cole . �w, 1611104 ! , la 3.0_ §|a.Cflt*Ati ° , / , ! 2\ lb a | __ i § § } } \ ,' . ; 1; � ( z ! / < ` \ 2\ . Exhibit A Page 2 of 2 C* oS I. FLORIDA DEPARTMENT of STATE r RICK SCOTT KEN DETZNER Governor Secretary of State July 14, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-27, which was filed in this office on July 14, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us