Loading...
Ordinance 2018-30 ORDINANCE NO. 18-30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 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 AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE EAST TAMIAMI TRAIL COMMERCIAL INFILL SUBDISTRICT TO THE URBAN— COMMERCIAL DISTRICT AND CHANGING THE DESIGNATION OF PROPERTY FROM URBAN COASTAL FRINGE SUBDISTRICT TO EAST TAMIAMI TRAIL COMMERCIAL INFILL SUBDISTRICT TO ALLOW 60,000 SQUARE FEET OF COMMERCIAL INTERMEDIATE (C-3) USES AND AN AIR-CONDITIONED AND ENCLOSED SELF-STORAGE FACILITY AND ASSISTED LIVING FACILITY/GROUP HOUSING AT A FLOOR AREA RATIO OF .60; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF ±5.8 ACRES IS LOCATED ON THE SOUTH SIDE OF US 41, APPROXIMATELY ONE-HALF MILE SOUTHEAST OF MANATEE ROAD AND, OPPOSITE AND SOUTHEAST FROM NAPLES RESERVE BOULEVARD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20160002771] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, 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, Torres Family Holdings, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the East Tamiami Trail Infill District; and [16-CMP-00973/1415063/11114 Words underlined are added,words strut ggh have been deleted. East Tamiami Trail Infill Subdistrict GMPA/PL20160002771 5/24/18 Page 1 of 3 0 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 an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on May 3, 2018 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 Future Land Use Map and Map Series of the Growth Management Plan on June 12, 2018; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. 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 [16-CMP-00973/1415063/1]114 Words underlined are added,words ctruck through have been deleted. East Tamiami Trail Infill Subdistrict GMPA/PL20160002771 5/24/18 Page 2 of 3 permits, or land uses dependent on this amendment may be issued or commence 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 )afi^ day of 1-0.AI , 2018. ATTEST:, i ,.,, ;, BOARD OF CO . TY COMMIS IONERS DWICrL BROcK, CLERK COLLIER s FLOR / 13 °./ 1®►a�il . 4 , d BY: j Deput 'Cli11A DY SOLIS, Chairman A :st as to Chairman's' signature only. App oved as to form and legality: Heidi Ashton-Cicko, 4;VA f Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment This ordinance filed with the S cretory of*tote's Office the iall'Iday of linea—,and acknowledgement acknowledgement of that filing received this d, ofBaa �:.1=� rnouty 1 I, [16-CMP-00973/1415063/1]114 Words underlined are added,words struck through have been deleted. East Tamiami Trail Infill Subdistrict GMPA/PL20160002771 5/24/18 Page 3 of 3 CAO' Adoption Exhibit PL20160002771/CPSS-2016-2 EXHIBIT "A" FUTURE LAND USE ELEMENT Policy 1.5: [Page 10] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** text break *** *** *** *** *** C. URBAN — COMMERCIAL DISTRICT *** *** *** *** *** text break *** *** *** *** *** 11. Orange Blossom/Airport Crossroads Commercial Subdistrict 12. Davis — Radio Commercial Subdistrict 13. Logan Boulevard/Immokalee Road Commercial Infill Subdistrict 14. East Tamiami Trail Commercial Infill Subdistrict *** *** *** *** *** text break *** *** *** *** *** I. URBAN DESIGNATION [Page 25] *** *** *** *** *** text break*** *** *** *** *** Urban designated areas will accommodate the following uses: *** *** *** *** *** text break *** *** *** *** *** b. Non-residential uses including: *** *** *** *** *** text break *** *** *** *** *** 12. Commercial uses subject to criteria identified in the ...Urban Commercial District, ...Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, Logan Boulevard/ Immokalee Road Commercial Infill Subdistrict District, East Tamiami Trail Commercial Infill Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *** *** *** *** *** text break*** *** *** *** *** C. Urban — Commercial District [Page 67] *** *** *** *** *** text break *** *** *** *** *** East Tamiami Trail Commercial Infill Subdistrict This Subdistrict, comprising ± 5.8 acres, is located on the south side of Tamiami Trail East, approximately, one-half mile southeast of Manatee Road, within Section 12, Township 51 South, Range 26 East. It is depicted on the East Tamiami Trail Commercial Infill Subdistrict Map. The intent of this Subdistrict is primarily to provide for neighborhood commercial uses, to serve the emerging residential development in proximity to this Subdistrict as well as the traveling public, while providing for a transition from the higher intensity uses permitted in the Marco Shores/Fiddler's Creek PUD Business tract located to the west to the lower intensity uses permitted in the Imperial Wilderness RV Park located to the east and south. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: 1 Words underlined are added;words stfusk-th-rau-g14 are deleted. CAS Adoption Exhibit PL20160002771/CPSS-2016-2 a. Allowable uses are those 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, and to an air conditioned and enclosed self-storage facility. b. The maximum floor area shall be limited to 60,000 square feet, except for Group Housing uses, which shall be subject to a Floor Area Ratio (FAR) to be established in the rezone ordinance for the site. c. The rezone for the East Tamiami Trail Commercial Infill Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). d. The rezone ordinance shall incorporate vehicular interconnection to, and/or shared Tamiami Trail East access with, the adjacent Fiddler's Creek PUD Business Tract, and a development designed to provide for such potential future interconnection and/or shared access. *** *** *** *** *** text break *** *** *** *** *** FUTURE LAND USE MAP SERIES [Page 144] *** *** * * *** ** text break * * *** *** * *** Vincentian Mixed Use Subdistrict Map Davis — Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map East Tamiami Trail Commercial Infill Subdistrict Map 2 Words underlined are added;words struck through are deleted. CCAO: EXHIBIT A PETITION PL20160002771 /CPSS-2016-2 EAST TAMIAMI TRAIL COMMERCIAL INFILL SUBDISTRICT COLLIER COUNTY, FLORIDA O/ aft ammir; a a .... II ,.. .... . x ) Ili a) NINO 2 mi. isar . U _ CD C g MEM T . U acid,2�T 1 mil • -/ t = ,t.=. mat B -CT �. 4111 OF ( SITE CT '', , .' �►PSS 2016 2 ,.�r, a0 r1 tO� ON UllW c =� " Cd' a0111 J03 'eir ^2 WM 150\e CT k�-����1�,,,a Re' 11 c'LW `` E aNMGayy,,,,,�/11-2 _ i so a !1III1�,� as � � EN C IMOaill e Imo , amu No MI U : Li �Bobca ±1 s la m, E a =no �r����i�►� � a Tesoro LN = Z _ . IN N U IN NI 03 In CO IN i2 f: 01in MI aD a, e - NM — m 72 - MI —-15 -C imk IIIII IN NII 0 U IN NI I" MI `a cc air ro* ori or va Ui ND •' • in OM a. NIP z 114111 C) 0mil 47 NM oft le/ am INN Tra -<4°' ___j I a so c2 MI / MI0�L •.eopard_LN 11"�ME i LEGEND PREPARED BY:GIS/CAD MAPPING SECTION 0 270 540 1,080 Feet K A SUBDISTRICT GROWTH MANAGEMENT DEPARTMENT DATE:6/2016 I I I 4 I I I I co. I sssl sZSt slsl � sent Sti91 I Sx91 stvi sr9t a Q �o f1 s �� �+ n W 3 SAI m m • $ 1x2w l illa m Dd D C .'0 m N a ��i1147 y m=p C ut e i /-Pr 13 1- 4 momoWO _,.-.•./.0 , a, — c_ -iwr-0 s filo N3 A r z T / sr �� �lmufti O mi.) m `/ N'-mD TTJX>R1 fa al --;-- '.1';:' ' . 'T1113 .4 ,' I N,i.,2' 1:IF''',.,°-,. - ; r': 7 s$ :iR V @$ ilia i----' �F I, 1 - l m 11111 -�M�O�Om I 1 f. ♦SF — ;I j Er11ellA NI Rsao / not. �� .. , — t ... !, ;_4 . .., _ ..... ...... a' d ,, r77 , Jmm � mPa ° m / / 0 7 a ?, ' ; — 1 0 m , i i i i \ i S a i w ° ,1 1 1 1 illi ' ' g.P.a —c t m I ' R "li IE if it 2 ! � - ^ — €1 = yw i s it a g a c,- I w R 1 5s 1 ms6 4 g a fm r N $ a w II fr - a� ipcy $ S W t as a = m °gey m D n II !!1 _I y 1f1 l • ::°g [ 8 a Mr) 1111` if 1 '� oilFii ii e w gitP a- 2 y a 1.m „4if e g= - ° .1 Nag=£m w /, A,,, e- t m 4�;i°oa 11 a i2' i sr a'€€ o a It 3 a y w ce 3: . n F i ti `e e:. `n i I Feil° s i A & E- 3 0 1 ➢m p o a I 9 "ga . a 75 411,0 a €=gamy + !Ili c1In 111 $1 1 _ 11� m : ligf' p s' �5 . i a �DDECO12iV sa It S IiI ' 8 a t P Z u ! l a i l . i i ; 'o° l' 9 Iy� ' i 1 E E o $ I e I I !m i i ': m o i i ; o oQz 3z oo z o 0 o zOz°o z A f g Qo oiam 3m Qo o�wo'om oo�o�000°000 -.a000 av oo'0000 0 0 0 0 0 0 0 0 g°::.gt5g z<Sz mzm mz?vc Ns ; m 3 i a s > i g uLy FZu y rusume0u EuFe0em Ne n ° S _ o<o o3 uOOZ oy u,o Lw' o i c D E A < u m m N a u a > u o n " •, u a w- u u u u - a e u °' " P e u j e SEC' I SZS1 I S6S1 I SOS' I S641 I SS" I LS VI I S941 ,0 ,,.er:44--, . - -. ,.. . t, ,,,,-,,,-,=,,--..-V,t \ iir ' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 13, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara 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. 18-30,which was filed in this office on June 13, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us