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Ordinance 2022-37 ORDINANCE NO. 2022-- 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 BY AMENDING THE MINI- TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210001101] 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, Metropolitan Naples, LLC 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 economic opportunity formerly rural area of economic concern; and [22-CMP-01120/1736656/1169 1 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words stfuslc-thr-etgh are deleted. WHEREAS, the Collier County Planning Commission (CCPC) on August 4, 2022 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 of the Growth Management Plan on September 27, 2022; 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 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 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. [22-CMP-01120/1736656/1]69 2 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words struck-through are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this )3 tip day of cc' pk,r'1 ,. 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,CLERK COLLIER CO , EMRIDA Ce) By: By: • �hiitla.. WY Clerk Wil 'am L. McDaniel, Jr.,Chairman Attest as to,, signnturn crJ o!dinc,ic fiFed with the S retary of ,tut 's Oft;ttqq__t__ Approved as to form and legality: day of _Q.401 , _!To and ocknowledgemen of that 1, Jilin r ived this doof 0Ja FL Ashton-Cicko, ; By Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment [22-CMP-01120/1736656/1]69 3 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words struck eugh are deleted. EXHIBIT A MINI-TRIANGLE MIXED USE SUBDISTRICT GMPA FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** *** I.URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** *** A.Urban Mixed Use District: *** *** *** *** *** *** *** *** *** *** *** *** *** 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict,as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan(approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan,this Subdistrict provides for greater intensity, density,and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibility in applicable Site Design and Development Standards,the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 377 491 multi-family residential units may be permitted. b. A maximum of 228 hotel suites/rooms(or other transient lodging uses including but not limited to interval ownership or vacation rental suites)may be permitted. c. A maximum of 200,008 130,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. ,pPhysical fitness facilities,yoga studio,bicycle rental and museums and art galleries; 4. Personal services; Page 1 of 2 Words underlined are additions;Words struck through are deletions. 6/28/2022 PL20210001101 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage,not to exceed 60,000 square feet (SIC Code 4225); 7. New or Used Car Dealerships,not to exceed 30,000 square feet in total(SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e The MPUD shall establish a maximum trip capacity ("Trip Cap")for the Mini Triangle MPUD based upon"Net New Trips". The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass-by trips and internal capture.The Trip Cap establishes the overall limitation on the intensity and density of any combination of uses. f. In order to ensure a mixed use development,the MPUD shall establish the minimum required number of multi-family residential units, the minimum required square footage of a combination of the commercial uses 1.through 46. in paragraph ed, above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan(SDP)or related amendment(s)thereto,nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access,sewer and water lines and facilities,stormwater facilities,surface parking,landscaping,signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16—Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height,which may exceed the maximum allowable height established in Section 4.02.16,as well as any deviations from the applicable provisions of Section 4.02.16,as may be approved as part of the MPUD. Page 2 of 2 Words underlined are additions;Words struck through are deletions. 6/28/2022 PL202 1 000 1 1 0 1 .,, ttfe t;t, r. ii - -44 ''s. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 6, 2022 Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2022-37, which was filed in this office on October 6, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270