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Ordinance 2021-12 ORDINANCE NO. 2021- 1 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.93±ACRES. [PL20190001387] 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, KHD Development Limited Partnership requested an amendment to the Future Land Use Element; 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 WHEREAS, the Collier County Planning Commission (CCPC) on January 21, 2021 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and [19-CMP-01063/1600973/1]53 PL20190001387/Meridian Landing Words underlined are additions;Words struck through are deletions. Page 1 of 3 2/1/21 *** *** *** ***are a break in text 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 of the Growth Management Plan on March 9, 2021; 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 Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text and map amendment are 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 Board adoption. 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. [19-CMP-01063/1600973/1]53 PL20190001387/Meridian Landing Words underlined are additions;Words struck through are deletions. Page 2 of 3 2/1/21 *** *** ******area break in text PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 9* day of Ake' . 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE 40 TY, FLORID BY: De uty el rk Penny Ta or, Chairman Attest es to Chhairma s_ 'signature°ni Approved as to form and legality: �� v'` H idi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Text • This ordinance flied with the SAry of te's gfficet[-e ay of . _, _ T! and acknowledgemen that film. receiv d t doy of .-_�.� ' , 10 Qkouty Cear{i [19-CM P-01063/1600973/1]53 PL20190001387/Meridian Landing Words underlined are additions;Words struck through are deletions. Page 3 of 3 2/1/21 *** *** *** *** are a break in text EXHIBIT A FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above and paragraph no. 13 below. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens' sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within the "mini triangle" are not required to utilize this density bonus pool. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 13. The 9.93± acre Camden Landing Residential Planned Unit Development (RPUD) property located on the northeast corner of Bayshore Drive and Thomasson Road in Section 14, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map,shall be allowed up to 127 market rate multifamily dwelling units, limited to townhouse and condominiums. No rental apartments shall be permitted. The maximum density allowed shall be 12.8 dwelling units per acre for a maximum of 127 dwelling units(achieved through the utilization of 97 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment Overlay and 30 base dwelling units for which the site qualifies). A maximum of ninety- seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. Page 1 of 1 Words underlined are added;words are deletions FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State March 11, 2021 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-12, which was filed in this office on March 11, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270