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Ordinance 2016-15 ORDINANCE NO. 16- 1 5 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 ADDING THE DAVIS-RADIO COMMERCIAL SUBDISTRICT TO ALLOW C-3 INTERMEDIATE COMMERCIAL DEVELOPMENT, AND MINI AND SELF STORAGE WAREHOUSING. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RADIO ROAD, 650 FEET WEST OF THE DAVIS BOULEVARD AND RADIO ROAD INTERSECTION IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 4.81 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20150002541 / CPSS-2015-4] 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, Davis-Radio Road LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Radio Road Commercial Subdistrict; 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 WHEREAS, the Collier County Planning Commission (CCPC) on May 5, 2016 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and [15-CMP-00962/1251801/11 80 1 of 3 PL20150002541/CPSS-2015-4—Davis-Radio Commercial Subdistrict Small Scale GMPA—rev. 5/6/16 Words underlined are added,words struck through have been deleted. 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 May 24, 2016; 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. [15-CMP-00962/1251801/1]80 2 of 3 PL20150002541/CPSS-2015-4—Davis-Radio Commercial Subdistrict Small Scale GMPA—rev. 5/6/16 Words underlined are added,words struck through have been deleted. t:Y0 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this Dgtt--day of M , 2016. ATTEST: BOA' I OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLL1.:R COUNTM, FLORIDA 4 risi, BY: / INp !erk DONNA FIALA, Chairman Approved as to form and le a ity: H idi Ashton-Cicko, \v\ Managing Assistant County Attorney Attachment: Exhibit A-Proposed Text Amendment& Map Amendment Th.,k_, ordinance hied with the ,.. ti'cretary of State's Office the ay of '!-t , o1-O I So and ocknowledgeme t ()What filing received this 0'1 day of ' cl'al� Deputy Clerk [15-CMP-00962/1251801/1]80 3 of 3 PL20150002541/CPSS-2015-4-Davis-Radio Commercial Subdistrict Small Scale GMPA-rev.5/6/16 Words underlined are added,words str-usleugh have been deleted. �CA PL20150002541/CPSS-2015-4 EXHIBIT "A" FUTURE LAND USE ELEMENT FUTURE LAND USE MAP SERIES [page iv] Davis— Radio Commercial Subdistrict *** *** *** *** ***text break *** *** *** *** *** Policy 1.1: [Page 10] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** ****** *** ***text break *** *** *** ****** 16. Collier Boulevard Community Facility Subdistrict 17. Hibiscus Residential Infill Subdistrict 18. Vincentian Mixed Use Subdistrict 19. Davis— Radio Commercial Subdistrict *** *** *** *** ***text break *** *** *** *** *** I. URBAN DESIGNATION [Page 26] *** *** *** *** ***text break *** *** *** ***** 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict, Davis — Radio Commercial Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *** *** *** *** ***text break *** *** *** ****** page I of L. 1 Words underlined are added; words struck-tomh are deleted. Row of asterisks (**** **** ****) denotes break in text. ,CAC, PL20150002541/CPSS-2015-4 C. Urban – Commercial District [Page 67] *** *** *** *** *** text break *** *** *** *** *** 12. Davis – Radio Commercial Subdistrict The Davis–Radio Commercial Subdistrict comprises approximately 4.81 acres, is located on the north side of Davis Boulevard (SR 84), the south side of Radio Road (CR 856), immediately east of the Collier Area Transit (CAT) Facility, and is depicted on the Davis – Radio Commercial Subdistrict Map. This Subdistrict is intended primarily to promote convenience and intermediate commercial development to serve existing and future residential development in the immediate area. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: a. Allowable uses are those permitted by right and by conditional use in the C-3, Commercial Intermediate, zoning district, as listed in the Collier County Land Development Code, and motor freight transportation and warehousing (SIC Group 4225, air conditioned, mini- self- storage warehousing only). b. The maximum commercial intensity of the air conditioned, mini- self-storage warehousing use shall be limited to 105,000 square feet of gross floor area. *** *** *** *** *** text break *** *** *** *** *** FUTURE LAND USE MAP SERIES [Page 140] *** *** *** *** *** text break *** *** *** *** *** Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis– Radio Commercial Subdistrict Map Page — of 14 2 Words underlined are added. Row of asterisks (**** **** ****)denotes break in text. r .., tiCA( EXHIBIT A PETITION PL20150002541/CPSS-2015-4 DAVIS - RADIO COMMERCIAL SUBDISTRICT p�� COLLIER COUNTY, FLORIDA 9% v I r-- I ti I RADIO ROAD C.R. 856 RADIO LANE 1111111 - \4.,, pip.,.....4. , . , o -96 11W, IIII 1 Ix pip , s. win. I ilk di so � ,P�o i►� �0J� 41111111 A1P ft air Iii ■ • , LEGEND SCALE \` SUBDISTRICT 1 I I PREPARED BY: GIS/CAD MAPPING SECTION 0 300 FT. 600 FT. GROWTH MANAGEMENT DEPARTMENT DATE: 3/2016 FILE: CPSS-2015-4A.DWG 2 O � Page > 1 T 46 S T 47 S T 48 S 1 T 49 S 1 T 50 S 1 T 61 S I T 52 S 1 T 53 S 1 U) _—.._ gg gg 5 8 I 8 1 1 s r 8 " o G31i = g N ` 0 3 1 i - - 3 x 4 g g " . 5 rd WR g, _i a, R. 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Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior 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. 16-15, which was filed in this office on May 27, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us