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Ordinance 90-047 ORDINANCE NO. 90 AN ORDINANCE AMENDING ORDINANCE 89-05, THE GROWTH MANAGEMENT PLAN FOR COLLIER COUNTY, FLORIDA BY AMENDING THE FUTURE LAND USE ELEMENT TEXT TO ALLOW MASTER PLANNED MIXED US~ ACTIVITY CENTERS; AND PROVIDING AN EI~,ECTIVE DATE. " ,, WHEREAS, Collier County, pursuant to Section 163.3161, et sea., Florida S~atutes (1989), 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 local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive :~. plans pursuant to Sections 163.3184 and 163.3187, Florida Statute~ (1989); and WHEREAS, Mark Morton of the Ba:.:ron Collier Company c.. representing the Halstatt Partnership has submitted an :*~' application to the Collier County Growth Planning Department to amend the Future Land Use Element text (Future Land U~e i~i~ '* Designation Description Section) of the Growth Management Plan; and WHEREAS, Collier County Long Range Planning Staff has reviewed the amendment request and forwarded it to the Collier County Planning Commission; and WHEREAS, the Collier County Planning Commission has :' considered the ])reposed amendment to the Future Land U~e Element text (Future Land Use Designation Description ,~.. Section)of the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes (1989) and ~ ' ham recommended approval of said amendment to the Board of County Commissioners; and ~" WHEREAS, Collier County did submit the proposed amendment ~:. to the Department of Community Affairs for preliminary review on or about February 6, 1990 pursuant to Section 163.3184, Florida Statutes (1989); and ' ~..'" WHEREAS, upon receipt of Collier County's proposed Growth ~.. Management Plan Amendment various state agencies and the Department of Co~ununity Affairs had ninety (90) days to review ~- the proposed Amendment and did transmit, in writing to Collier [~[! County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes (1989); and · ~i. WHEREAS, Collier County, upon receipt of written comments ~?'. from the Department of Community Affairs, must adopt or adopt ~ · with changes the proposed Growth Management Plan ;Lmendment within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes (1989); and i W~EREAS, the Department of Community Affairs, within L. forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendment, must review and deterl~ine if the Plan Amendment is in compliance with the I~cal Government Comprehensive Planning and Land Development Regulation Act of ,~. 1985; State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to · Section 163.3184 Florida1 Statutes (198.9). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM~ISSIONERS OF COLLIER COUNTY, FLORIDA that: ~ AMENDMENTS TO COLLIER COUNTY ORDINANCE NO 89-05, AS AMENDED. Collier County Ordinance No. 89-05, as amended, the Collier County Growth Management Plan is hereby amended by amending Page LU-I-33 of the Future Land Use Element Text (Future Land Use Designation Description) as foIlows: Existina Mixed Use Activity Centers may be redesianated as Master Planned Mixed Use Activity Centers. Master Planned Activity Centers ore those which have a unified plan of development in the form of a Planned Unit Development. Development of Regional Impact or 0n ~reaw~de Development of Regional Impact which mus% encompass at least one or more ~uadrants of a desicnated Activity Center. In recognition of the benefit resultin~ from the COordination of planned land uses and coordinated access points to the public road network. Master Planned Activity Centers are encouraged throuah the allowance of flexibility in the boundaries, mix. and location of uses permitted within a desi~nated Activity Center and may be permitted to modify the s=uare configuration, consistent with other Activity Centers. Master Planned Activity Centers are intended to be mixed use in character. Permitted land uses include commercial, residential, and institutional. The full array of commercial land uses may be allowed. The actual MiX of land uses shall be determined usin~ the criteria for other activity centers outlined below. Interchange Activity Centers are not eli~.bl~ for the Master Planned Activity Cen~er Designation. All of the followina criteria must be ~et for project to ~ualifv as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of at least one or more full ~uadrants of a desi~nated ActivitV Center. AnY Publicly owned land within the _~adrant will be excluded from acreage calculations to d~termin~ unified control! 2. The permitted land uses and total acreage allocatiog for a Master Planned Activity Center shall be same as for designated Activity Centers (i.e.. a maximum of 160 acres): however, a Master Planned A~t~v~ty Center encompassi~ more than one ~uadran~ shall be afforded the flexibility to redistribute a part or all of the 40 acre ~llocation from one quadrant to another. UD to a maximum of 160 acres for the entire Activity Center: and 3. The location and confiauration of all land uses within a Master Planned Activity Center shall be " compatible with and relate to existin~ site features, surroundin~ development, and existin~ natural manmade constraints. Commercial uses shall be generally directed to the intersection of designated Mixed Use Activity Center so lon~ as they ~o not adversely impact the intersection and oriented so as to provide coordinated and funGtional transportation access to major roadways serving Activity Center. Commercial Land uses shall not be designed i~ a traditional strip commercial pattern alon~ public roadways or as isolate~ traGts, Iso%ated tracts sba~l be defined as tracts which are ' not functionally related or integrated with surrounding land uses and the planned transportatio~ network. ~ EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that thi~ Ordinance has been filed with the Secretary of State. PASSED ~ND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _~ day of June, 1~90. '~E~T .... ~.? BO~D OF COUNTY CO~ISSIONE~ [J~mes C. 'G~.le~, Clerk COLLIER COUNTY, F~RIDA '~ - ~. ~ By: ....[~,.; ~.~'~%~' ~X A. HASSE, JR., C~I~ Approved as to fo~ and "legal sufficiency: · -~ ,- ~ ~1~. of ~ ;' ~Jo~-~ M. s~uden~ ~ ' Assistant County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. ~ILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance No. 90-4?.' which was adopted by the Board of County Commissioners on the 6th day of June, ~990 during Regular Session. WITNESS my hand and ~he off~c~a~ sea/ of the Bo.ard of County Commissioners of Collier County, Florida, th~s day of June, 1990. Clerk of Courts and Clerk'.' ' " '"' Ex-officio to Board of :' County Commissioners ,.' '. · ~y: / /M on ' ' aureen Keny · Deputy Clerk ', " '. .:..: