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Ordinance 2021-19 ORDINANCE NO. 2021- 1 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AND RURAL GOLDEN GATE AREA FUTURE LAND USE MAPS AND MAP SERIES TO ADD THE IMMOKALEE ROAD-ESTATES COMMERCIAL SUBDISTRICT TO THE ESTATES-COMMERCIAL DISTRICT, TO ALLOW USES PERMITTED BY RIGHT AND CONDITIONAL USE IN THE COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT AND SOME GENERAL COMMERCIAL (C-4) USES WITH A TOTAL MAXIMUM INTENSITY OF 200,000 SQUARE FEET OF GROSS FLOOR AREA, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 19.13± ACRES AND LOCATED ON THE WEST SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE HALF MILE NORTH OF RANDALL BOULEVARD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20160000221] 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, BCHD Partners I, LLC, requested an amendment to the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and the Rural Golden Gate Area Future Land Use Maps and Map Series; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 5, 2020, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and [18-CMP-01005/1607878/1]197 Immokalee Rd Estates/PL20160000221 Words underlined are additions;Words struck through are deletions. Page 1 of 3 4/27/21 *** *** *** *** are a break in text WHEREAS, the Department of Economic Opportunity reviewed the amendments 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 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments 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 March 18, 2021, and the Collier County Board of County Commissioners held on April 27, 2021; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and Rural Golden Gate Area Future Land Use Map and Map Series 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 Economic Opportunity. 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. [18-CMP-01005/1607878/1]197 Immokalee Rd Estates/PL20160000221 Words underlined are additions;Words struck through are deletions. Page 2 of 3 4/27/21 *** *** *** ***are a break in text PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this a r`day of /t- pnAL _2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE CO TY, FLORIDA c434)9U0Ofer egitittyL44: BY: Dep Clerk - Penny aylor, Chai an Appro ed as to form and legality: He di Ashton- icko Managing Assistant County Attorney Attachment: Exhibit A—Text and Map This ordinance flied With the S ry of St tos 0f "tee the an d ack orv!edgernent thot filin received t is day of Deputy Clark [18-CMP-01005/1607878/1]197 Immokalee Rd Estates/PL20160000221 Words underlined are additions;Words struck through are deletions. Page 3 of 3 4/27/21 *** *** *** *** are a break in text PL20160000221/CP2018-04 EXHIBIT A GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB-ELEMENT *** *** TEXT BREAK *** *** *** *** *** *** Policy 1.1.4: [Page 1] The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** B. ESTATES —COMMERCIAL DISTRICT *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 1. Randall Boulevard Commercial Subdistrict 2. Estates Shopping Center Subdistrict 3. Immokalee Road — Estates Commercial Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** B. LAND USE DESIGNATION DESCRIPTION SECTION [Page 9] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 1. ESTATES DESIGNATION *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** B. Estates—Commercial District [Page 16] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** JMMOKALEE ROAD-ESTATES COMMERCIAL SUBDISTRICT [Page 26] This Subdistrict is approximately 19.13± acres in size and is located on the west side of Immokalee Road, north of Randall Boulevard and south of Oil Well Road, as depicted on the Immokalee Road — Estates Commercial Subdistrict Map. The purpose of this Subdistrict is to provide a variety of commercial land uses. Development within the Subdistrict shall be subject to the following: a. All development within this Subdistrict shall be rezoned to a Planned Unit Development (PUD1. Page 1 of 4 Words underlined are added; words are deletions PL20160000221/CP2018-04 b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable uses shall be limited to those: 1. Uses permitted by right and by conditional use in the C-3, Commercial Intermediate zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41. 2. Motor freight transportation and warehousing (SIC 4225, air-conditioned mini- and self-storage warehousing only); 3. Carwashes provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this code, SIC 7542; 4. Medical and dental laboratories, SIC 8071, 8072; 5. Nursing and professional care facilities, SIC 8051, 8052_8059. The rezone Ordinance shall limit these uses further to insure compatibility with surrounding properties. d. Development is limited to a maximum intensity of 200,000 square feet of gross floor area. e. The westerly portion of this subdistrict (a.k.a. north 180 ft. of Tract 116, GGE Unit 22), which is the single western parcel immediately abutting 4th Street NE (the "Western Parcel"), shall be utilized for native preservation, stormwater management or buffer areas only. It shall not be utilized for any type of access from 4th St. NE to/from the commercial uses within the CPUD; however, the adjacent single-family homeowner to the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) may establish a driveway for the sole benefit and exclusive use of that homeowner's residential property. f. Interconnection shall be provided with properties fronting Immokalee Road located immediately to the north and south. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** C. List of Maps [Page 27] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Everglades- Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Immokalee Road— Estates Commercial Subdistrict Page 2 of 4 Words underlined are added; words struck through are deletions PL20160000221/CP2018-04 EXHIBIT A ..•........- ....-)............- ...... EN GATE c3---- �PF RURAL U FUTUREDLAND USE MAP 011.1..11111110, C �•_ __ — \ SUIJECT SITE _4.;\ l ... t i ua u.CAR*OM MAW T We i I Mr w ( ea Iaorta._ .rt.su.t r• .,',_c,.0•, e .Mall • r _. V ."..e.:::: " —.. :.!. r S • • • a NNNNNN. .......a...., •. , . ! w. 0 t! , J f AXIS Rt7f Page 3 of 4 Words underlined are added; words str-uslk-through are deletions P L20160000221/C P2018-04 EXHIBIT A 91°5- IMMOKALEE ROAD ESTATES.COMMERCIAL SUBDISTRICT COWER COUNTY FLORIDA T .• 1 p Well RD 1 Grove DR 1 y- --S' i E.'. ) I73 I I' •S4Z-• Ne SUBJECT \ o4 SITE m m 15 eaa<A O 73 Ihhhhb,r o O< la 11111W w 1-- Z t/3 cf' ' r / Grove , - -, c N r Into Cove LN E oe \ �O `� moo N 25th AVE NE 25th AVE NE t..--"V ___>N--...,___ s'LX TEO•xxxx.xxxx LEGEND lord ra xxxx•x) 0 250 500 1,000 Feel I ' • * I 1tzmi, i SUBJECT SITE i i Page 4 of 4 Words underlined are added; words-struck through are deletions } 11 1!r/ !' 4--'-k IL* %'- FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State May 4, 2021 Ms. Teresa Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-19, which was filed in this office on May 4, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270