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Ordinance 2023-61 ORDINANCE NO. 2023- 61 AN ORDINANCE OF THE BOARD OF' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 89-OS, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE TRANSPORTATION ELEMENT AND MAPS TO EXPAND THE SOUTH US 41 TRANSPORTATION CONCURRENCY EXCEPTION AREA; AND FURTHERMORE DIRECTING TILE TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230000930I 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, staff has prepared an amendment to the Transportation Element and Maps of the Growth Management Plan; and WIIEREAS, Collier County transmitted the Growth Management Plan amendment to the Department of Commerce for preliminary review on May 9, 2023, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Commerce reviewed the amendment 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 gathered and considered additional information,data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendment 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 Gctober-5,_2.Q23 , and the Collier County Board of County Commissioners held on November 14, 2023 ; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. [23-MMMP-01147/I8090-16/11140 1 of 2 US 41 East OverlayfPL20230000930 8;1 1,"23-Transportation NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENT TO THE TRANSPORTATION ELEMENT AND MAPS OF THE GROWTI I MANAGEMENT PLAN The amendment to the Transportation Element, and Maps 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 Commerce. 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 permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this / `day of kicivr,„ 1a-„.,,-- , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINTF,L., CLERK COLLIER COUNTY, FLORIDA -721;e"---.) 13v: By: CAttest as toyaluzi-,„,,pc., airman's~ Deputy Clerk Rick LoCastro, Chairman signature only " Approved as to forth and legality: This ordinance filed with the Svc etary of State's Office 214, Lb day of NOV , _.... .L.,• is,1____ .L C• � 2 and acknowledge.men f that I edi Ashton-Cicko `'' filin r eived this / cloy Managing Assistant County Attorney of OY By +° , oeouev Cleft Attachment: Exhibit A—Transportation Element and Maps [23-CMP-01147/1809046/11140 2*7f 2 US 41 East Overlay/PL20230000930 8/I 1/23-'Transportation P1,2023000093(1 Exhibit A TRANSPORTATION ELEMENT (As amended through Ordinance No. 2017-25. adopted June 13, 2017) *** *** *** *** *** *** *** *** *** *** *** LIST OF TABLES/MAPS/FIGURES MAP Page TR-1* Cost Feasible Network Map 2040 27 *** *** *** *** *** *** *** *** *** *** *** TR-4* and TR-4.1* South US 41 Transportation Concurrency Exception Area (TCEA) Maps 35- 36 TR-5 Northwest Transportation Concurrency Management Area (TCMA) Map 3- 37 *** *** *** *** *** *** *** *** *** *** *** GOALS, OBJECTIVES AND POLICIES 10 *** *** *** *** *** *** *** *** *** *** *** OBJECTIVE 5: Coordinate the Transportation System development process with the Future Land Use 14 Map *** *** *** *** *** *** *** *** *** *** *** Policy 5.4: Pursuant to Section 163.3180, Florida Statues and the Urban Intill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South US 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South US 41 TCEA (Maps TR-4 and T'R-4.l) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: *** *** *** *** *** *** *** *** *** *** *** lof3 Words underlined are added; words 5truc*through are deleted 08/08/23,_mrm-dw I DRAFT ran,n,,t FL:O'.1000aolu 41' t Heys...-....a ycr-- «-j . T Z't I Public C'onuntercial Residential Total Acres 93.07 453.52 429.5 976.09 9.53°e 46.46°0 44.00°0 100°a [;-----: ,,, t ,§ ,,41 c , . r „. i 3 r*, _tiMnssvr♦DR 10, K KU I� uu tt=srrAKe nnt�u�t, '%\ r 1 AMENN G' AAA IYYY 0 0150,3 0ti 09 iacea zi AA! am : m Aides '» ',� ca TR -4 C:1:* South US 41 Transportation era COM` ..1.,.re•."aa+dacef ,Q" Vt. yr Concurrency Exception Area (TCEA) 2 of 3 Words underlined are added; words str- 4,4 c-eugb are deleted 08/08/23 mrm-dw DRAFT Ltlnbii:1 PL 20230000930 1 It 't o i o < THOMASSOH DR \ RATTLESNAKE HAMMOCK RD i 1 A RATTLESNAKE HAMMOCK RC 0 l f D /! A q!9 C 0 1 Is 9gyP 44h°LELYDR ? - a9 1. 0 r n o Y h,� _ 1 C Public tommerciakResidential Total Acres \\:: 406.42 626.73 181.08 1114.23_ 33.47% _51.62% 14.91%, 100% g — L'L�'e; `�t x.n:Fr<xf QTE4S4s.N;r, TR -4.1 -- ALI!ANUS A:'A..' t lA^, South US 41 Transportation >• I :, a.., , .,:4.4'. =E..,a4-,rdtam Concurrency Exception Area(TCEA) 3of3 Words underlined are added; words struck-thr-eug4a are deleted 08/08/23_m rm-dw .a tine „ . ,,,, t " x I. Ailt FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State November 21, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-61, which was filed in this office on November 16, 2023. If you have any questions or need further assistance, please contact me at (850)245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270