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Ordinance 2024-09
ORDINANCE NO. 2024- 0 9 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 CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM URBAN,URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN, URBAN-COMMERCIAL DISTRICT, THE BOAT HOUSE COMMERCIAL SUBDISTRICT TO ALLOW A MAXIMUM OF 32,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) USES OR 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES AND BOAT AND ENGINE SERVICES AND REPAIRS. THE SUBJECT PROPERTY IS LOCATED SOUTH OF RADIO LANE, NORTH OF DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 3.5± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230002069] 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, Boat House of Naples Real Estate, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Radio Lane Commercial Infill Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and [23-CMP-01173/1802015/1]14 1 of 3 The Boat House SSGMPA PL20230002069 1/18/24 WHEREAS, the Subdistrict property is not located in an area of critical state concern or rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on February 15, 2024 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 March 26, 2024; 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 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 commence before it has become effective. [23-CMP-01173/1802015/1]14 2 of 3 The Boat House SSGMPA PL20230002069 1/18/24 PASSED AND DyiLY ADOPTED by the Board of County Commissioners of Collier County, Florida this r 11 day of ' f f , 2024. ATTEST: � -.- BOARD OF COUNTY COMMISSIONERS CRYSTAL K.KINZEL,CLERK COLLIER CO TY, FLORIDA By. - .-0 By: kaiak. ,,.. ..:Deputy Clerk ris Hall, Chairman Attesta to h man* sigriattxg 9rrIy.. ' Approved as to form and legality: This sxdtnonce filed r+rlth the e pp g tY ,� Btdry of Staie_s '�ffic� day of ,f and acknowledgementAof day 1(�s' L6-Lt_ ,' HFh� 4ili�tg recei ed this _�:,-• Heidi Ashton-Cicko 1-18-23 of Managing Assistant County Attorney R cat • Attachment: Exhibit A—Proposed Text Amendment& Map Amendment [23-CMP-01173/1802015/1]14 3 of3 The Boat House SSGMPA PL20230002069 1/18/24 Exhibit A PL20230002069 EXHIBIT A (pages vi-viii) *FUTURE LAND USE MAP SERIES ***TEXT BREAK*** *Boat House Commercial Subdistrict ***TEXT BREAK*** (page 9) II.IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES ***TEXT BREAK*** OBJECTIVE 1: Promote well planned land uses consistent with Future Land Use Designations, Districts and Subdistricts and the Future Land Use Map to ensure compatibility between the natural and human environments. ***TEXT BREAK*** POLICY 1.5: C. URBAN—COMMERCIAL DISTRICT ***TEXT BREAK*** 20. Boat House Commercial Subdistrict (pages 25-55) I. URBAN DESIGNATION ***TEXT BREAK*** C. Urban Commercial District (page s 61-76) ***TEXT BREAK*** Page 1 of 4 Words underlined are added;words struck-through are deleted. 1/02/2024 Exhibit A PL20230002069 20. Boat House Commercial Subdistrict The Boat House Commercial Subdistrict comprises approximately 3.5-acres and is located south of Radio Lane, east of Radio Road and north of Davis Boulevard, in Section 3, Township 50 South and Range 26 East.The purpose of this site-specific Subdistrict is to provide commercial uses in proximity to Interstate-75.This Subdistrict is allowed a maximum of 32,500 SF of gross floor area of permitted and conditional uses of the C-3,Commercial Intermediate,zoning district as listed in the Collier County Land Development Code,Ordinance No. 04-41, as amended, or 20,000 SF of gross floor area of boat sales,boat/engine services and repairs(SIC 5551,SIC 3732 and SIC 7699,limited to engine repairsonly). This Subdistrict shall be rezoned to a Commercial Planned Unit Development (CPUD) and shall include development standards to ensure compatibility with adjacent properties, including: a. A 25'Type`D' landscape buffer shall be provided along the northern property line and shall include a solid 8'wall. b. Dark sky compliant lighting standards. c. The PUD shall implement hours of operation for boat sales,boat/engine services and repairs. (page 162-163) FUTURE LAND USE MAP SERIES ***TEXT BREAK*** Boat House Commercial Subdistrict Page 2 of 4 Words underlined are added;words struck-through are deleted. 1/02/2024 Exhibit A PL20230002069 Fl BOATHOUSE COMMERCIAL SUBDISTRICT o,f COLLIER COUNT%.H ORII):1 wi is : t r ---"! .,_,-_- k-„ Pi.W ,-- SUBJECT SITE //:///// /:,„/ , /0,000/0 .„,- 44Q y�y L ADOPTED-xxxx LEGEND (Ord.No.xxx} 0 100 200 400 Feet ! r d I I I ! r Boathouse Commercial Subdistrict Page 3 of 4 Words underlined are added;words struck-through are deleted. 1/02/2024 Exhibit A PL20230002069 i T46S I T473 I T46B I T4SS I T50S I TSts I TS2S I T53S I a � la a�� 41 e r q - E.,; % 011©MO 170 ' 1 ' If : ! , 2 8 F. £ 8 F a S R f R R ii 2 2 & 9 T - 5 — — I I 3 i i r i f t 3 f k,/;, W a▪ Hitt 1 it lto t t l i iI - . . , ., . 3 ,, / . 5 - ! Ii , 1i itttllii i1 —11111L01110111 11L1f W i W 1i111 t1- irirp1lii 114i{ ia 1- I1 , i I llll11I ,,El1la1 Iill!! i i W 111111111i11111'IDIIi1111 14 te i4 .1 ' t a i l !i 1 W E I i C�S�{ { 2 43' p '� t i Z E! W 1, I ! {ti tt ►IIIilIItI1i!!1II iii a Q I1111111i1111111 o: a j - m W Tri Z W o C al -..-... ._. __�_ .. ....,...-......�....-__._._. ;3 /Fmay W L _— _ I i W { W Xi / ji?E , G' NM!Mev R' tr , nis y[p[,, • 0. 2 o45 1 pi 4 ice _ - N• o VI iPd ( Y zs i- AFj WW T J� ;v;r, 411 P1! - Idd 'Ti L -n BT.Nei, W f ''Br!w', x Me m -- * f— o I vi ,lr: Gull 1 T46S I T473 I T463 I T493 I T503 I 7513 I T323 I T535 I 7 Page 4 of 4 Words underlined are added;words struck-through are deleted. 1/02/2024 t►r ' z: b r+' t:gat '.�`'^• FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State April 1, 2024 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. 2024-09, which was filed in this office on April 1, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 ' Telephone: (850) 245-6270