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Ordinance 2017-48 ORDINANCE NO. 17- 48 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 VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO ADD THE PREVIOUSLY REQUESTED 150,000 SQUARE FEET OF COMMERCIAL LAND USES FOR THE 14.492 ACRE TRACT PER PETITION NO. CP-2003-1; TO ADD 50,000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA TO THE EXISTING 200,000 SQUARE FEET OF COMMERCIAL LAND USES AND THE PREVIOUSLY REQUESTED 150,000 SF OF COMMERCIAL LAND USES FOR A TOTAL OF 400,000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA OF COMMERCIAL LAND USES; TO REMOVE A DEVELOPMENT RESTRICTION RELATED TO TRANSPORTATION IMPACTS; TO AMEND AND RE-ORDER THE TEXT; 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 SUBDISTRICT IS 47.94± ACRES AND LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 'A MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20150002167] 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, Vanderbilt Commons, LLC has initiated this amendment to the Future Land Use element; and [15-CMP-00959/1372878/1]239 10/23/17 Page 1 of 3 Words underlined are additions; Words struck through are deletions *** *** *** *** are a break in text G�' WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on April 17, 2017, 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 October 19, 2017, and the Collier County Board of County Commissioners held on December 12, 2017; 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 [15-CMP-00959/1372878/1]239 10/23/17 Page 2 of 3 Words underlined are additions;Words struck through are deletions *** *** *** *** are a break in text 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 D LY ADOPTED by the Board of County Commissioners of Collier County, Florida this 1j1 ay of Ne ( ;-,- bu 2017. ATTEST: 46. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BR{ T ,CLERK COLL TY, FLORIDA 4 ' i f 1. ., ght • BY: _ Attes '' `' CV'5 PENN AYLOR, :Orman signature only. Appr ved as to form and legality: �4 C1,( /--- C.,, L---- ; ,C `'-,1-. Heidi Ashton-Cicko Z.' Managing Assistant County Attorney Attachment: Exhibit A - text This ordinance f• ;,,a i4.;d, tta isvti day of Wteklil cnd ecknowled eni ,l filil• received tl-),s ''i the; of l* j4 1— (Icy By °A .. ,�, De.. c [15-CMP-00959/1372878/1]239 10/23/17 Page 3 of 3 Words underlined are additions;Words struck through are deletions *** *** *** *** are a break in text Adoption Exhibit PL20150002167/CP-2015-2 EXHIBIT "A" FUTURE LAND USE ELEMENT Urban Mixed Use District [Page 36] 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict (Paragraphs are re-arranged) This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 47.94 acres, comprised of 33.45 acres of land for the existing area and 15-..86 14.49 acres of land for the expansion area, as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring and Golden Gate Estates residential areas, as well as to promote mixed-use development (residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring and Golden Gate Estates residents, assist in minimizing the road network required, and reduce traffic impacts in this part of Collier County. This Subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. ._ , __ . . •. _. • - - ---- - - .. - - ' - . _ . _ .. ... e.. - -- . grooms leasable floor area. Rezonings are encouraged to be in the form of a PUD zoning district, which must contain neighboring residential and institutional uses. In addition to retail uses and other uses permitted and tire stores. the project is used in calculating residential density. stories. A combination of these uses in a single building financial services and/or offices over retail uses shall be limited to three stories. Also, mixed use buildings, containing residential back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. 1 Words underlined are added;words struck through are deleted. Adoption Exhibit PL20150002167/CP-2015-2 common site, signage and building-architectur-al elements. Each project or PUD District shall To encourage mixed use projects, this Subdistrict also permits residential development when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of sixteen (16) dwelling units per acre; the gross acreage of the project is used in calculating residential density. Retail uses shall be limited to single-story. Financial services and offices shall be limited to three (3) stories. A combination of these uses in a single building — financial services and/or offices over retail uses — shall be limited to three (3) stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three (3) stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established Planned Unit Development (PUD) District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian and vehicular interconnections with abutting properties, where feasible. Rezonings are encouraged to be in the form of a PUD zoning district, which must contain development and design standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. A total of 400,000 square feet of gross leasable floor area is permitted within this Subdistrict as follows: Development intensity for the existing area (Mission Hills Planned Unit Development) of this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Within the 14.49-acre expansion area, 200,000 square feet of gross leasable floor area for commercial land uses is permitted. The following land uses shall not be permitted: gas stations, convenience stores with gas pumps, fast food restaurants with drive-through lanes, and tire stores. G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12015 Cycles & Small Scale Petitions12015 Cycle 3 - October\Exhibit A text and maps115-2 Adoption Exhibit A.docx 2 Words underlined are added;words struck through are deleted. , 1. 81 ., fiff 1:7, ..,,AS„, C n t it, , FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 13, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn 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. 17-48, which was filed in this office on December 13, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us