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Ordinance 2019-39 ORDINANCE NO. 2019-39 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 MIXED USE ACTIVITY CENTER #16 MAP BY DESIGNATING 10 ACRES IN THE COURTHOUSE SHADOWS MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY ELIGIBLE FOR RESIDENTIAL DEVELOPMENT UP TO 12.8 UNITS AN ACRE PLUS A BASE DENSITY OF 4 UNITS AN ACRE FOR THE MPUD AND UP TO 97 DENSITY POOL UNITS FOR THE MPUD AS DETERMINED BY A REZONE. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 10 ACRES OF A 20.35+/- ACRE MPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180003659] 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, KRG Courthouse Shadows, LLC requested an amendment to the Future Land Use Element and Mixed Use Activity Center#16 Map; 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 a rural area of opportunity; and [19-CMP-01047/1502854/1] 137 1 of 3 PL20180003659—Courthouse Shadows SSGMPA 10/09/19 Words underlined are additions, words struck through are deletions. WHEREAS, the Collier County Planning Commission (CCPC) on September 19, 2019, 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 October 22, 2019; 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 Mixed Use Activity Center #16 Map 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. [19-CMP-01047/1502854/1] 137 2 of 3 PL20180003659—Courthouse Shadows SSGMPA 10/09/19 Words underlined are additions,words true gh are deletions. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 04'' day of NI00,,) lat,- , 2019. ATTEST: BOARD OF CO TY COMMISSIONERS CRYSTA,QL KINZEL, CLERK COL(LI��ER CO • 'IDA ). 411 Ca444)it, - De uty Clerk Wil/am L. McDaniel, Jr., Chairman t ; Attest*: O• an's 4044146* Approved as to form and legality: (1* / ' - �1 ; E�;o,o\ Heidi Ashton-Cicko, k(-) Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment This ordinance filed with the Secr tory of State's Off ico the 1I-�`—"ay of � is.and ocknowledgement_t4 hct filin reeeiy-d this I/17-day of owrtr Ct.c* [19-CMP-01047/1502854/1] 137 3 of 3 PL20180003659—Courthouse Shadows SSGMPA 10/09/19 Words underlined are additions,words struck through are deletions. EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** Text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 971 *** *** *** *** *** Text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Page 142] *** *** *** *** *** Text break *** *** *** *** *** [Beginning Page 143] 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. Residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. Residential Density for a mixed-use project within Mixed Use Activity Center #16 that is located within the Courthouse Shadows Mixed Use Planned Unit Development (MPUD) may also be increased as follows: A ten-acre portion of the MPUD identified on Activity Center#16 Map in the Future Land Use Map series is eligible for a density bonus of 12.8 dwelling units per acre(128 units);these units are limited to rental apartments only. This density is in addition to a density of up to four dwelling units per acre allowed by the Mixed Use Activity Center Subdistrict for the MPUD and up to 97 density bonus pool units for the MPUD which may be assigned during a rezone. The density bonus of 12.8 dwelling units per acre (128 units) will only be located on the ten acres identified on the Activity Center#16 Map. 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L.i i 419 li, .. sal D l 5.1 v e . ,,,, A ,Wi .loe I- ilr. g ` j) \ EMI ] 2-,-,-L � 1-1 PP_ li I 1111 4. `!roil V iti a W1 -- al\ r ' bcgli 144,043 1 ma fir- I" '� i .� kV •,•' 717"--;© e0 7'7:.• .LE, ' ' •"" m _ 4lf _- 4110 iritlrrr Cr ii Dril® 0111=d11 im Dag is �,0 - ..., - 9 53< LL �J da ,I., Yr wire t* a ®Irill •- 4 ,.' . , TIP r . •.oq.1^, :o. . .,.., ... .,..,.,,...w. _ a ® ..... Ns al.i e 4 6 ® 1 ® 444 _WM:!'!N_iL- c7 �Emig �i F a W> ON I r In n m w :�, :fin MA : E� a® — , ,. •F Page2of2 VIMMI ' ti A,f FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 13, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-39, which was filed in this office on November 13, 2019. 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