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Ordinance 2014-23 ORDINANCE NO. 14-23 AN ORDINANCE 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 TO REVISE THE BUCKLEY MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO REMOVE THE OFFICE AND RETAIL CAPS AND ALLOW UP TO 7,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES PER ACRE OR 11 RESIDENTIAL DWELLING UNITS PER ACRE, TO MAKE RESIDENTIAL DEVELOPMENT OPTIONAL, TO PROHIBIT COMMERCIAL AND RESIDENTIAL USES ON THE SAME PARCEL, TO LIMIT MULTI- TENANT COMMERCIAL BUILDINGS TO NO MORE THAN 50% OF THE COMMERCIAL SQUARE FOOTAGE, TO REVISE DEVELOPMENT STANDARDS INCLUDING THE CAP ON THE SIZE OF THE FOOTPRINT OF COMMERCIAL BUILDINGS, AND PROVIDING FOR TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD AND APPROXIMATELY 330 FEET NORTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.70 ACRES. [PL20120002909/CP-2013-3] 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, Petitioner, McGuire Development Company has initiated this amendment to the Future Land Use element; and 1 Words underlined are additions;Words struck-through are deletions *** *** *** ***are a break in text PL20120002909/C P-2013-3 Rev. 5/15/14 G�' WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 20, 2013, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element 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 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments 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 May 1, 2014 and May 15, 2014, and the Collier County Board of County Commissioners held on June 10, 2014; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED 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 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 Economic Opportunity. 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 2 Words underlined are additions;Words 44:m 1E-through are deletions *** *** *** *** are a break in text P L20120002909/CP-2013-3 Rev. 5/15/14 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. 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this (Olday of 114_,-10 2014. ATTEST t3•'° L1 ��,` BOARD OF COUNTY COMMISSIONERS DWIGHT` . BROCI -CLERK COLLIER COUNTY, FLORIDA °IP • i■ P BY:• 4 ,' Deputy ler 1`'r fl •M HENNINGA hairman Attest as to ' %„ signature only. Approved as to form and legality: cA C1 ‘,4t Heidi Ashton-Cicko eff7 Managing Assistant County Attorney Attachment: Exhibit A 13-CMP-00901\27 This ordinance filed with the Secretory of tote's Office the IV"'tdoy of ,Zo 1 _ and acknowledgement of that filing received his IVh day of JV °1 Bly?ti-a—! 111 Deputy.k agoir 3 Words underlined are additions;Words struelE-through are deletions *** *** *** ***are a break in text PL20120002909/CP-2013-3 Rev. 5/15/14 Exhibit A CP-2013-3 I. URBAN DESIGNATION [Page 40] A. Urban Mixed Use District 12. Buckley Mixed Use Subdistrict The intent of this Subdistrict, which comprises 21.7 acres, is to allow for limited small scale retail, office and residential uses while -e -. - - -- - - -- - - - - -- allowing for the development of a mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this Subdistrict is intended to promote small scale convenience and intermediate commercial development mixed use development with pedestrian orientation to serve existing and future residential development in the immediate area. This Subdistrict - - --- - e- - - - - - - - - - •• -e- - - residents •with a pedestrian scale development while also reducing will serve to reduce existing trip lengths for small scale convenience and intermediate commercial services. Commercial uses for the purpose of this section are limited to those permitted and conditional uses allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. A unified planned development with common architectural theme, which utilizes shared parking and crows accesses. The Subdistrict shall be developed with a common theme for architecture, signage, lighting and landscaping. c. Retail Commercial uses will be capped at a maximum of 350 162,750 square feet of gross floor area per acre for the total project. project. of 15 dwelling units per acre for the total project. Residential uses are allowed at a density of 11 dwelling units per acre, calculated based upon the entire Subdistrict acreage, yielding a maximum of 239 dwelling units. fe. Maximum lot coverage for buildings is capped at 35% for the total project.• g. ` - . e - - -°• - - - - - -- -- --- - - - - - - ings. ceconday-aeecsses facing the street. i. All four sides of each building must be utilized in a common architectural theme.•• A - _-- -- -- '- '- -- - - -- -°- - -' - - -- - • - . - • --• • • - - - e - - - - e i9,999 c.. - -- retail or office uses. kf.'- _- _ ___ _ _ ___ __ __ __ __ . Residential uses shall not be integrated with commercial uses in the same building. l-g. Integration of residential and office or retail uses in the same building is encouraged. buildings (residential and commercial) For each acre of land utilized for residential 1 [Single underline text is added; single strike through text is deleted—approved by CCPC 5/15/14] purposes, 7,500 square feet of commercial buildable square footage will be eliminated from the total square footage allowable. For each acre of commercial square footage built, 11 residential units will be eliminated from the maximum allowable number of residential units. rah. Pedestrian connections are encouraged to all perimeter properties. Ri. No building footprint will exceed Individual commercial users shall be limited to a maximum gross floor area of 100,000 1-5T0-00 square feet. Common stairs, breezeways or elevators may join individual-bu-ildings. et No building shall exceed three stories in height with no allowance for under building parking. pk. Drive-through establishments will shall be limited to a maximum of four. Only one of these drive-through establishments shall be allowed for a fast-food restaurant, and no drive-through establishment shall have banks with no more than three drive- through lanes,;these All drive-through lanes must be architecturally integrated into the main building. al. No gGasoline service stations and convenience stores with fuel pumps are prohibited. will be permitted. cm.All buildings wil4 shall be connected with pedestrian pathways features. sn. A twenty foot wide landscape Type D buffer shall be required along Airport Pulling Road. A twenty-foot wide Type C landscape buffer shall be required along all other perimeter property lines adjacent to residential use. t. Parking areas must be screened from Airport Pulling Road and from any properties 2 [Single underline text is added; single strife-HIrees#text is deleted—approved by CCPC 5/15/14] ' fir c- IL P FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 16, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-23,which was filed in this office on June 16, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us