Ordinance 2023-61 ORDINANCE NO. 2023- 61
AN ORDINANCE OF THE BOARD OF' COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 89-OS, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, SPECIFICALLY AMENDING THE TRANSPORTATION
ELEMENT AND MAPS TO EXPAND THE SOUTH US 41
TRANSPORTATION CONCURRENCY EXCEPTION AREA; AND
FURTHERMORE DIRECTING TILE TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE. [PL20230000930I
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly 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, staff has prepared an amendment to the Transportation Element and Maps of
the Growth Management Plan; and
WIIEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Commerce for preliminary review on May 9, 2023, after public hearings before the
Collier County Planning Commission and the Board of County Commissioners; and
WHEREAS, the Department of Commerce reviewed the amendment to the Growth
Management Plan and transmitted its comments in writing to Collier County within the time
provided by law; and
WHEREAS, Collier County has gathered and considered additional information,data and
analysis supporting adoption of this amendment, including the following: the Collier County Staff
Report, the documents entitled Collier County Growth Management Plan Amendment and other
documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on Gctober-5,_2.Q23 , and the Collier
County Board of County Commissioners held on November 14, 2023 ; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
[23-MMMP-01147/I8090-16/11140 1 of 2
US 41 East OverlayfPL20230000930
8;1 1,"23-Transportation
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE TRANSPORTATION
ELEMENT AND MAPS OF THE GROWTI I MANAGEMENT PLAN
The amendment to the Transportation Element, and Maps attached hereto as Exhibit "A"
and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184,
Florida Statutes, and shall be transmitted to the Florida Department of Commerce.
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 commenced before it has
become effective.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this / `day of kicivr,„ 1a-„.,,-- , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINTF,L., CLERK COLLIER COUNTY, FLORIDA
-721;e"---.)
13v: By: CAttest as toyaluzi-,„,,pc.,
airman's~ Deputy Clerk Rick LoCastro, Chairman
signature only "
Approved as to forth and legality: This ordinance filed with the
Svc etary of State's Office 214,
Lb day of NOV ,
_.... .L.,• is,1____ .L C•
� 2 and acknowledge.men f that
I edi Ashton-Cicko `'' filin r eived this / cloy
Managing Assistant County Attorney of OY
By +° ,
oeouev Cleft
Attachment: Exhibit A—Transportation Element and Maps
[23-CMP-01147/1809046/11140 2*7f 2
US 41 East Overlay/PL20230000930
8/I 1/23-'Transportation
P1,2023000093(1
Exhibit A
TRANSPORTATION ELEMENT
(As amended through Ordinance No. 2017-25. adopted June 13, 2017)
*** *** *** *** *** *** *** *** *** *** ***
LIST OF TABLES/MAPS/FIGURES
MAP Page
TR-1* Cost Feasible Network Map 2040 27
*** *** *** *** *** *** *** *** *** *** ***
TR-4* and TR-4.1* South US 41 Transportation Concurrency Exception Area
(TCEA) Maps 35- 36
TR-5 Northwest Transportation Concurrency Management Area (TCMA) Map 3- 37
*** *** *** *** *** *** *** *** *** *** ***
GOALS, OBJECTIVES AND POLICIES 10
*** *** *** *** *** *** *** *** *** *** ***
OBJECTIVE 5:
Coordinate the Transportation System development process with the Future Land Use 14
Map
*** *** *** *** *** *** *** *** *** *** ***
Policy 5.4:
Pursuant to Section 163.3180, Florida Statues and the Urban Intill and Urban Redevelopment
Strategy contained in the Future Land Use Element of this Plan, the South US 41 Transportation
Concurrency Exception Area (TCEA) is hereby designated. Development located within the
South US 41 TCEA (Maps TR-4 and T'R-4.l) may be exempt from transportation concurrency
requirements, so long as impacts to the transportation system are mitigated using the procedures
established in Policies 5.5 and 5.6 below, and in consideration of the following:
*** *** *** *** *** *** *** *** *** *** ***
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 21, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-61, which was filed in this office on November 16,
2023.
If you have any questions or need further assistance, please contact me at (850)245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270