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Ordinance 99-16 ORDINANCE NO. 99- ~ ~; AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROVVTH MANAGEMENT PLAN, FOR J~, THE UNINCORPORATED AREA OF COLLIER COUNTY,::!~-': ,~%~j FLORIDA; BY DELETING THE COMMERCIAL UNDER',--:=:!, ..... CRITERIA SECTION AND BY ADDING A NEW '?: ~,~C,_.rc~,x)E~ SUBDISTRICT ENTITLED OFFICE AND IN-FILL C~eT~ COMMERCIAL SUBDISTRICT; AMENDING THE FUTURE .. O~ ~0~6 LAND USE MAP; PROVIDING FOR SEVE~BILI~; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 183.3181, et. seq., Florida Statut~e Florida Local Government Comprehensive Planning and Land Development Regulation Act, wa~ required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County CommiBsioners adopted the Collier Coun~ Gro~h Management Plan on Janua~ 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Developmgnt Regulation Act of 1985 provides authority for Io~1 governments to amend their respective comprehensive plans and outlines ce~ain procedures to amend adopted comprehensive plans pursuant to Sections 183.3184 and 183.3187, Florida Statutes; and WHEREAS, Collier County submitted the 1998-1997 Gro~h Management Plan Amendments, which included a provision to delete the Commercial Under Criteria Section of the Land Use Designation Description Section of the Future Land Use Element and replace said provision with the O~ce and In-fill Commercial Subdistrict as a pa~ of the amendments to the Future Land Use Element, to the Depa~ment of Community Affairs for prelimina~ review on April 29, 1997; and WHEREAS, the Depa~ment of Community Affairs did review and make wri~en objections to the Future Land Use Element Amendments to the Gro~h Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, no objections were made by the Depa~ment of Community Affairs relative to the O~ce and In-fill Commercial Subdistrict, as contained in the Future Land Use Element Amendments to the Gro~h Management Plan; and WHEREAS, the Board of Coun~ Commissioners of Collier County adopted the Future Land Use Element Amendments to the Growth Management Plan on October 28, 1997; and WHEREAS, the Future Land Use Element, adopted October 28, 1997, is not in compliance and subsequently the O~ce and In-fill Commercial Subdistrict is not in effect; and WHEREAS, this amendment, the O~ce and In-fill Commercial Subdistrict, to the Future Land Use Element, will provide for the adoption of the same subdistrict as a pa~ of the existing Future Land Use Element, as amended; and WHEREAS, the Board of County Commissioners of Collier Coun~ did take action in the manner prescribed by law and did hold public hearings concerning the adoption of this Future Land Use Element Amendment to the Growth Management Plan on Februa~ 23, 1999; and WHEREAS, Collier Coun~ has gathered and considered information supposing the adoption of this amendment to the Future Land Use Element, and information preBented and made a pa~ of the record at the meetings of the Collier County Planning Commission held Februa~ 4, 1999, and the Collier County Board of County Commissioners held on Februa~ 23, 1999; and Words underlined are additions; Words struck thrcuGh are deletions WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts this amendment to the Future Land Use Map of the Future Land Use Element and the amendment to the Land Use Designation Description Section of the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and the amendment to the Future Land Use Map of the Future Land Use Element is attached hereto as Exhibit "B", all of which are incorporated by reference herein. 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 amendment to the Future Land Use Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development 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 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA .... Attest · =" rl~an' s Chairwoman : ~p~ove~ a4 ~o.f6rffi and legal sufficiency: This oral{nonce {;{c~ w~'q'~ ~'~ MARJO~E M. STUDEN+ Assistant County Attorney Words underlined are additions; Words struck thrcuGh are deletions EXHIBIT "A" prcpc cr ............................................... cr m..mcrcScS prcpc.~y Gr3ntcd 3n s=cmpt~cn cr ccmpctSb~Uty c~csptScn cc prc':~dsd for prcpc~y .... *~ 3n sxcmpt~cn ....... .h.;~ .......- ......... ;~ ~n ,k~ __,,,, v,,~,,~v~ ,,, ,,,v v ,, , ~v,,.,,~ ,,,,,,,,, ,,,v v, ~,, ,,,,~v~ vvv Office and In-fill Commercial Subdistrict The intent of this Subdistrict is to allow low intensiW o~ce commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located alon~ a~erial and collector roadways where residential development, as allowed by the Densi~ RatinR System, may not be compatible or appropriate, Lower intensity o~ce commercial development a~racts low tra~c volumes on the abuttin~ roadway(s) and is Renerally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizinR this Subdistrict, For purposes of this Subdistrict, the te~s "abuts" and "abuttinR" excludes inte~eninR public streets, easements (other than utilities) or riRhts-of-way, except for inte~enin~ local streets. The term "commercial" refers to C-1 throuRh C-5 zoninR districts and commercial components of PUDs. a. The subject site abuts a road classified as an aderial or collector as identified on the Five Year Future Tra~c Circulation Map, as contained in the Tra~c Circulation Sub-Element; b~ The site utilized for commercial use is 12 acres or less in size, and the balance of the prope~ in excess of 12 acres, if any, is limited to an environmental consedation easement or open space; c~ The site abuts commercial zoninR; (i) on one side and non-commercial zonin~ on the o~er Side: or, (ii)on both sides; d. The depth of the requested commercial use does not exceed the depth of the abuffinR commercial parcel(s); e~ Project uses are limited to o~ or low Intensi~ ~mmerclah except for land abuttin~ commercial zoninR on both sides, as provided for in subsection (c) above, the proiect uses may include those of the hiRhest intensi~ abuttinR commercial zonin~ district; Words underlined. are additions; Words -,,trJcP, thr=ugh are deletions f. The parcel in question was not created to take advantage of this provision and was created prior to the original adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of development, the proiect will be served by central public water and sewer facilities; and h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties, i._ For those sites that have existing commercial zoning abutting one side, --. commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand, The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Urban-Mixed Use District is 250 acres, Words underlined are additions; Words :t.-_'-..k thr:'.:'Gh are deletions 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-16 Which was adopted by the Board of County Commissioners on the 23rd day of February, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk, Ex-officio to Board of County Commissioners By: Lisa Steele, I. Deputy Clerk