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Ordinance 2020-034 ORDINANCE NO. 2020- 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 AMENDING THE URBAN COMMERCIAL DISTRICT TO ADD THE GREENWAY-TAMIAMI TRAIL EAST COMMERCIAL SUBDISTRICT TO ALLOW DEVELOPMENT OF UP TO 20,000 SQUARE FEET OF C-3, COMMERCIAL INTERMEDIATE USES AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD IN SECTIONS 12 AND 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 2.81±ACRES. [PL20180002507] 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, TBC Greenway, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Greenway-Tamiami Trail East 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 a rural area of opportunity; and [19-CMP-01061/1558602/1]66 7-Eleven Greenway Words underlined are added,words st11,1c have been deleted. Page 1 of 3 PL20180002507 8/14/20 WHEREAS, the Collier County Planning Commission (CCPC) on September 25, 2020 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 27, 2020; 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 and map amendment are 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-01061/1558602/1166 7-Eleven Greenway Words underlined are added,words store have been deleted. Page 2 of 3 � PL20180002507 8/14/20 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this G)stir day of (9 c-fir , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA r/Z1? Afyiit_eQ � BY: Vdele•it.40-- ut lerk Burt L. Saunders, Chairman AttesQ t CIulid' signture only, , Appr ved as to form and legality: d Lt. 01, A/A- r� Heidi Ashton-�icko, ��( 2v, Managing Assistant County Attorney `5'‘� Attachment: Exhibit A—Proposed Text Amendment& Map Amendment This ordinance filed with the 1�c�r ary of ttate's U lice the 144kday of KOVI VOC�' .IDzsO and acknowiedgerne+ t that fiii ceiv d this -1 day of M reI ,__,_2 ByDOD CI [19-CMP-01061/1558602/1166 7-Eleven Greenway Words underlined are added,words struck through have been deleted. Page 3 of 3 PL20180002507 8/14/20 PL20190002507/CPSS-2019-08 EXHIBIT A FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** TABLE OF CONTENTS *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** II. IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** * FUTURE LAND USE MAP SERIES * Future Land Use Map * Mixed Use & Interchange Activity Centers Maps *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** * Mini Triangle Mixed Use Subdistrict Map * East Tamiami Trail Commercial Infill Subdistrict Map * Greenwav—Tamiami Trail East Commercial Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** II. IMPLEMENTATION STRATEGY *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** C. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 13. East Tamiami Trail Commercial Infill Subdistrict 14. Seed to Table Commercial Subdistrict 15. Greenway—Tamiami Trail East Commercial Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Page 1 of 3 Page 1 of 5 PL20190002507/CPSS-2019-08 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** ** ** *** *** *** *** TEXT BREAK *** *** *** *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** b. Non-residential uses including: *** *** *** *** *** *** *** 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, Goodlette/Pine Ridge 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, Orange Blossom/Airport Crossroads Commercial Subdistrict, Logan Boulevard/Immokalee Road Commercial Subdistrict, East Tamiami Trail Commercial Infill Subdistrict, Seed to Table Commercial Subdistrict, Greenway — Tamiami Trail East Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** C. Urban Commercial District *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 14. Seed to Table Commercial Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 15. Greenway—Tamiami Trail East Commercial Subdistrict The Greenway - Tamiami Trail East Commercial Subdistrict consists of± 2.81 acres and is located at the northwest corner of the intersection of Tamiami Trail East (U.S. 41) and Greenway Road, in Section 12, Township, 51 South, Range 27 East. The purpose of the Subdistrict is to provide small-scale shopping and convenience commercial uses to the surrounding neighborhood within convenient travel distance and to serve the public traveling on Tamiami Trail East. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: Page 2 of 3 Page 2 of 5 PL20190002507/CPSS-2019-08 a. Allowable uses are those permitted by right in the C-3, Commercial Intermediate zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended. The maximum allowable commercial intensity shall be 20,000 square feet. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Seed to Table Commercial Subdistrict Map Livingston Road/Veterans Memorial Boulevard East Residential Subdistrict Map Greenway—Tamiami Trail East Commercial Subdistrict Page 3 of 3 Page 3 of 5 EXHIBIT A PL20180002507/CPSS-2019-8 F.1 GREENWAY-TAMIAMI TRAIL EAST OD COMMERCIAL SUBDISTRICT COLLIER COUNTY,FLORIDA Cecil RD a �^ Maretee DR >, (a PROPOSED 3 PROPERTY . c Mes ui e \ -NN Achill DR T dui 1. : MI 141z ----"---------7.--i, , , 4 ■ / link 7b.7:4 ADOPTED-XXXX,XXX 0 100 200 400 Feet LEGEND (ORD.NO.XXX-XX) I I I I I I I s pEi IeI En Commercial -Tamiami Trail East PREPARED BY GIS MAPPING SECTION Commercial Subdistrict FILE OREEMAM,TAML•MI TRAIL ME Page 4 of 5 g, I T46S I T47S I T48S I 749S I T5OS I T51S I T52S I T63S 0 N ch eS e,$'d dmdmdmogw, g § zS go d?d iE oo oo_a000 E 0 2,i f l B g $ ¢ , ! g of i s l i g rt I ti # y s s R - S ,. . 8 s a "�. .. mom W— Y1 pp55 ;Q $ § I 1 a ' I -- IJ1llD i — ' e' .,: g 11 — pp _ _ I i <8 rv`, a ' <:s-�s w�^� a a ° L. sas��w „osw 'o-8.r6 7 UL1 U OI l _I I. 0�I o_QI E®o 8 =8a wa wood �02. _8_,2= 88S o oo= wa °o�oawowaw<w=�s�sooaE's000aa=s W W 1P1M- iVg flag.'. < w Et fi • 0, I ; i q 2k'p3 � fi"ii a 8i i W cl Hi Ili 11111 I1_ 111111 r f — iy 554 — N l $ $§¢ H L t!; p 3 W rs C $ I 04"� rc 1 I d .fl€�9 P ' N 11,1i1 HI 1 i i OR il 1 I E P Pi f W =_•%® 1 11111/1�1111111•I=°'" — es M it— ? , F i m X p / i, 1/ W M 7 M Cre , 8� - I E. r. _ — /• —� D ' . . e iW o e ,, 1 W 7 . ,_ I01 — ' If _1r 1 -7 / roOA i w re W • _ �� 3u Csl ce < _ IIIIi iiliF = ce N W g m■■uIml ►,: ,f I WJF-R' — KH ! HI I iiiiii! *fitJ IL MS �. <� y M7 v cc i�, m¢ G' a0oo ik.. t 0 ilia K W MOO e x i v w ❑ a r. 1 4 O F Ma LL Q �_ ,, G u J J m 3 gU D I T46S I T47S I T48S I T49S I T50S I T51 S 1 T52S I T53S I 1 104 t 40 • FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State November 4, 2020 Ms. Ann Jennejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2020-34, which was filed in this office on November 4, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270