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Ordinance 2000-033ORDINANCE NO. 2000- AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE TEXT FOR ACTIVITY CENTER NUMBER NINE; AMENDING MAP ENTITLED ACTIVITY CENTER #9; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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 Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, R. Bruce Anderson, representing Bonita Bay Properties and Frank X. Homan, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element by changing the text and map of Activity Center Nine, located at the northwest corner 1-75 and Collier Boulevard, formerly known as County Road 951. WHEREAS, Collier County did submit this Growth Management Plan amendment t~_~he Department of Community Affairs for preliminary review on October 29, 1999; and r-r~ WHEREAS, the Department of Community Affairs did review and did not make writ'~ objections to this Future Land Use Element amendment to the Growth Management Plan ~ transmitted the same in writing to Collier County within the time provided by law; and r~-' WHEREAS, Collier County has 60 days from receipt of the Objections, Recommen~it~ns, and Comments Report from the Department of Community Affairs to adopt, adopt with ch~s or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County 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 May 9, 2000; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment to the Future Land Use Element, including the following: the Collier County staff report; the Notice of Proposed Change application; the document entitled Collier County Growth Management Plan Amendment (CP-99-08) and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held April 20, 2000, and the Collier County Board of County Commissioners held on May 9, 2000; and 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. 1 Words underlined are additions, Words -..truck through are deletions 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 Activity Center # 9 map of the Future Land Use Element is attached hereto as Exhibits "B", both 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~ dayof ~ ,2000. ATTEST: DWIGHT E. BROCK, Clerk Stgn ure:: onl. . Approved as to form and legal sufficiency: MARJORIE M. STUDENT Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIr~(~YTHY '-~((~OlXJG~A~TI N E, C rman iY This ordinance filed with the Secretary of Stote's Office the and acknowledgement of that filing. received this /,~'~J" doy CP-99-04 Adoption Ordinance 2 Words underlined are additions, Words :truck through are deletions CP 99-08 EXHIBIT "A" The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The amotmt, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; Adequacy of infrastructure capacity, particularly roads; Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; Natural or man-made constraints; Rezoning criteria identified in the Land Development Code; Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code; Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections~ Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; Conformance with the architectural design standards as identified in the Land Development Code. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a £mding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. Subsequent to the development of the vision statement, new projects within Activity Center # 9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of cormnercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest .and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of .Interchange Activity Center # 9. The factors to consider during review of a fezone petition shall be in compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, Words underlined are additions, words :~-'-:k '~.~r:~:g~ are deletions. CP 99-08 up to 16 residential units per gross acre may be permitted. This density may be dislxibuted throughout the proiect, including any portion located outside of the boundary of the Activity Center. Words underlined are additions, words :~-'-ck '~-wug~ are deletions. EXHIBIT "B" 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. 2000-33 Which was adopted by the Board of County Commissioners on the 9th day of May, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of May, 2000. DWIGHT E. BROCK · o~ ' Clerk of Courts and Cl~rk Ex-officio to Board ~of~ County Commissioners By: Karen Schoch, Deputy Clerk