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Ordinance 2024-07 ORDINANCE NO.2024- 0 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY IN THE URBAN, MIXED USE DISTRICT, FROM URBAN COASTAL FRINGE SUBDISTRICT TO THE HOME DEPOT-SE NAPLES COMMERCIAL SUBDISTRICT, TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT USES AND HOME IMPROVEMENT STORE USES, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41)APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.77±ACRES. IPL202200009461 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, Coleman, Yovanovich & Koester, P.A., requested an amendment to the Future Land Use Element and Map Series; 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 [23-CMP-01150/1833005/1]30 PL20220000946 Words underlined are additions;words 4ruek-through are deletions. 1 of 3 The Home Depot-SE Naples SSGMPA ************are a break in text 12/11/23 WHEREAS, the Collier County Planning Commission (CCPC) on February 1, 2024, 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 Map Series of the Growth Management Plan on March 26, 2024; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map and Map Series 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. [23-CMP-0 1 1 5 0/1 83 3 005/1]30 PL20220000946 Words underlined are additions;words struck through are deletions. 2 of 3 The Home Depot-SE Naples SSGMPA *** ****** ***are a break in text 12/11/23 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this c21o4h day of in Gam'e}-1 2024. ATTEST:_... • `'', BOARD OF COUNTY COMMISSIONERS CRYS' '• ' i ZL, CLERK COLLIER COUNTY, FLORIDA r By: Depu'Clerk C ' a 1, Chairman j st s to hairtfl n's �- signature only a,: Approved as to form and legality: (� 6 A A ,,,____ -\-),e°' \ Reid s ton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Text and Map t't,isdinonce filed with the Seer@@tary of 5iate'S pffies 51 day of . and acknowiedge:ent ff that�y Ellin receive this 7� of t awl, [23-CMP-0 1 1 50/1 83 3005/1130 PL20220000946 Words underlined are additions;words struck through are deletions. 3 of 3 The Home Depot-SE Naples SSGMPA ************are a break in text 12/11/23 Exhibit A PL20220000946 EXHIBIT A FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** *** *** *** *** *** *** Policy 1.5: [page 9] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** *** *** *** *** *** *** *** C. URBAN —COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** 20. The Home Depot—SE Naples Commercial Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** C. Urban Commercial District *** *** *** *** *** *** *** *** *** *** *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** 19. Ivy Medical Subdistrict [page 77] 26. The Home Depot—SE Naples Commercial Subdistrict This Subdistrict is approximately 13.77 acres in size and is located on the south side of Tamiami Trail East (U.S. 41) approximately 0.15 miles southeast of Barefoot Williams Road as depicted on the Home Depot—SE Naples Subdistrict Map. The purpose of this Subdistrict is to provide a variety of commercial land uses, which include all permitted uses of the C-3, Intermediate Commercial District as well as Home Improvement stores and related uses. Development within the Subdistrict shall be subject to the following: a. All development within this Subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The PUD Ordinance must include development standards and buffers to ensure compatibility with surrounding properties. 1. A six-foot high masonry wall shall be provided along the southern property line. c. Allowable uses shall be limited to those: Page 1 of 4 Words underlined are added;words struck-through are deleted. 12/11/2022 Exhibit A PL20220000946 1. Uses permitted by right and by conditional use in the C-3, Commercial Intermediate zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41 as amended. Conditional uses are subject to approval through a public hearing process. 2. Home improvement stores, including enclosed unroofed garden center(5211 —5261). d. Development is limited to a maximum intensity of 140,000 square feet of gross floor area. FUTURE LAND USE MAP SERIES [page 164] *** *** *** *** *** *** *** *** *** *** *** *** *** Airport Carlisle Mixed Use Subdistrict Map The Home Depot—SE Naples Commercial Subdistrict Page 2 of 4 Words underlined are added;words struck-through are deleted. 12/11/2022 ZZOZ/1.1,/31, •palapp ale Ononn-loruis sp.tom!pappe ale pau!papun spJom v 4o E abed I T458 I 7 97 S 7 48 5 T498 T T so S I 7 51 S F T525 I 753S I i , 1 I : : .,: ,i ', ,,, g a r•1.7. g 2 - - ,i ' g I,• , II ; ii A hi / ti , I 1 I e .7.-tt,,z1;:,-„,t. t..g_.,,E,log:§:..§a,-.44-::;. ;:•:Iieiti' .iR aril,,,,,,,. . 11 .'i,=!/1!,It' 'g1i1% el§!g!ti."'341,A2. 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P ., . 1.__ _ _ ... _., .. ;. 1..1., _ t 5 I ( re •-•=n•-,- 1 1 / — g V 1 , - :-,,,,, / , ,_ '''.:'''.:,. . i _, 1111 , 7 Lu ' !,,,, Ej , ir 'L , ! , w rg .., ,......., , in- cn m ' 5.16 C- .1 LLI I ff,g3m w w 8 ,IF.,a v.v LA -,rcir . - : : , i •'_.- if . i i tu D -Lni 1.1,„1— 11 0 Ail "I t1 I— S'gdtt da- L-3 - °le g f Me Gulf 0 1 T468 I 1475 I T455 I T408 I T508 I 7515 1 7 52S I 1535 I ") 91760000ZZOZ1d V l!q!Llx3 Exhibit A PL20220000946 EXHIBIT A PL20220000946 F�� THE HOME DEPOT-SE NAPLES COMMERCIAL SUBDISTRICT Q '/ COLLIER COUNTY.FLORIDA Whistlers Cove CIR 1 IX U7 so c to (-: H \Q� c rd o..tSUBJECT = oya u) le. SITE `° 3 QQ ° ,JC P 5 /21a ro 0)�, �'� Michael E \ nsonST Porter STC eyenne �a CI A Arapaho T L ` -hi i.. . et)\ 4) Cher•k-e -,L oo` liar i 6,, v. —all ra ak ItD Fuller L Price ST COrm�nt CV i r It ADOPTED-xxxx,XXXX 0 250 500 1,000 Feet LEGEND (Ord.No.XXXX-X) I I I I I I I THE HOME DEPOT-SE NAPLES 1 °M„„E D'"Po`SEMA ® COMMERCIAL SUBDISTRICT Page 4 of 4 Words underlined are added;words struck-through are deleted. 12/11/2022 q#1E Si, r FLORIDA DEPARTMENT OfSTATE RON DESANTIS CORD BYRD Governor Secretary of State April 1, 2024 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. 2024-07, which was filed in this office on April 1, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270