Agenda 10/26/2021 Item # 9B (Ordinance - PL20190002353)9.B
10/26/2021
EXECUTIVE SUMMARY
Recommendation to approve 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
Estates Shopping Center Subdistrict of the Estates Commercial -District of the Rural Golden Gate
Estates Sub -Element of the Golden Gate Area Master Plan and Future Land Use Maps to add
commercial, public, civic and institutional uses; or, in the alternative to some uses, development of
up to 12 single family residential dwelling units; reduce commercial square footage from 190,000 to
50,000 excluding some uses from the maximum square footage limitation; remove outdoor music
prohibition; remove single commercial use and building size limitations; reduce setbacks and
landscape buffer widths; and remove phasing and developer commitments; and furthermore
directing transmittal of the adopted amendment to the Florida Department of Economic
Opportunity. The subject property is 41f acres and located at the northwest quadrant of Golden
Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier
County, Florida. (Adoption Hearing) [PL201900023531 (Companion to items 8A and 9A)
OBJECTIVE: To approve (adopt) the amendment to the Collier County Growth Management Plan
(GMP) and approve said adopted amendment for transmittal to the Florida Department of Economic
Opportunity (DEO).
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Petition PL20190002353 seeks to amend the Estates Shopping Center Subdistrict within the Rural Golden
Gate Estates (RGGE) Sub -Element of the Golden Gate Area Master Plan (GGAMP) and furthermore
direct transmittal of the adopted amendment to the Florida Department of Economic Opportunity.
■ Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth
Management Plan.
■ Collier County Resolution No. 12-234 provides for a public petition process to amend the Collier
County GMP.
■ The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under
Chapter 163.3174, F.S., held its Transmittal hearing for this petition on April 19, 2021. By a vote
of 5-0 the CCPC recommended approval for transmittal.
■ At its meeting on May 25, 2021, the Board voted 4-0 to adopt and transmit Resolution No. 2021-
110 to the DEO. No changes were directed by the Board.
■ The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under
Chapter 163.3174, F.S., held its Adoption hearing for this petition on October 7, 2021. By a vote
of 5-0 the CCPC recommended approval for adoption subject to changes identified further below.
■ This Adoption hearing for PL20190002353/CP-20-02 considers an amendment to the Rural
Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan (GGAMP).
The GMP amendment requested is specific to the Estates Shopping Center Subdistrict, approximately
40.62 acres, and is located at the northwest corner of Golden Gate Boulevard and Wilson Boulevard N,
westward to 3rd Street NW. The property lies within the Rural Estates Planning Community, in Section 4,
Township 49 South, Range 27 East. The subject property is partially developed.
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This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically
amending the Rural Golden Gate Estates (RGGE) Sub -Element of the Golden Gate Area Master Plan
(GGAMP) by:
1. Amending the Estates - Commercial District to decrease the amount of general commercial
square footage to 50,000 square feet,
2. Exempting governmental facilities, animal shelters, animal service centers. Wildlife refuge, and
sanctuaries, zoological attractions, veterinary services or their accessory uses from the
commercial square footage limitation,
3. Allowing dormitories as an accessory use incidental to and supporting of zoological
attractions and animal service centers,
4. Replacing detailed list of allowable commercial uses with simplified permitted and
conditional uses of the C-1 through C-3 Zoning District,
5. Removing outdoor music prohibition,
6. Removing minimum subdistrict boundary distance requirements for commercial buildings,
7. Reducing landscape buffer requirements,
8. Removing commercial building square foot limitations,
9. Removing phasing requirements,
10. Allowing the development of a maximum of 12 single family dwelling units in accordance with
the Residential Estates Subdistrict in the alternative to some uses being developed,
11. Removing an existing Subdistrict Conceptual Plan from the Rural Golden Gate Estates Sub -
Element.
Staff s analysis of this petition is included in the Transmittal CCPC Staff Report and Adoption CCPC
Staff Report.
Prior to the CCPC Adoption Hearing one (1) piece of correspondence was received by staff stating they
were in favor of the proposed development.
At the CCPC adoption there were eight (8) public speakers. Some of the speakers voiced concerns were
about contamination, lights, noise, and specifics regarding the 12 single family residential dwelling units
proposed and more neighborhood input. Speakers voiced support for the reduction in commercial
intensity proposed and Shy Wolf Sanctuary.
Within the companion CPUD petition the applicant is requesting a deviation from the Coastal and
Conservation Management Element (CCME) of the GMP, specifically Policy 6.1.1(2) to allow to two
preserves not connected within the site. Requests for deviations to the native vegetation retention
requirements in the GMP and LDC are allowed pursuant to CCME Policy 6.1.1(13). This deviation
request was be reviewed as part of the companion CPUD petition by the Environmental Advisory Council
(EAC) on October 7' recommended for approval.
Staffs analysis of this petition is included in the Transmittal CCPC Staff Report and Adoption CCPC
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Staff Report. The CCPC will hear the item on October 7th and this section will be updated at the
conclusion of the hearing identifying any public speakers.
Based on the review of this large-scale GMP amendment petition, including the supporting data and
analysis, staff makes the following findings and conclusions:
■ The 41-acre subject property is designated Estates Shopping Center Subdistrict and is partially
developed.
■ The proposed uses are limited to the original maximum 550 p.m. peak hour two-way trips as
identified in the development commitments of the companion CPUD.
■ The up to 12 proposed single family residential dwelling units have been identified to be allowed
only as an alternative of proposed non-residential uses on Tract B and/or Tract C not being
developed. These dwelling units will be developed in accordance with the Residential Estates
Subdistrict. The proposed permitted uses in each Tract have been identified in the companion
CPUD.
■ Dormitories have been identified as accessory uses to the Shy Wolf operations.
■ The general commercial square footage is decreased from an existing 190,000 to 50,000 square
feet.
■ The property, along with much of the surrounding area, is currently designated in the Rural
Golden Gate Estates Sub -Element for mixed, residential, and commercial development, uses and
activities.
■ The lower commercial intensity of 50,000 sq. ft. of overall commercial floor space has been
found to have supportable demand.
■ Speakers present at the Neighborhood Information Meeting Neighbors voiced their concerns over
the originally proposed 30 units of essential services personnel housing within a 10-acre parcel -
the use was removed.
The data and analysis provided for the amendment generally support the proposed changes to the RGGE
Sub -Element of the GGAMP. The complete staff analysis of this petition is provided in the CCPC
Transmittal Staff Report and CCPC Adoption Staff Report.
Staff received review correspondence from the Florida Department of Economic Opportunity which
provided a statement of no comment.
FISCAL IMPACT: Petition fees account for staff review time and materials, and the cost of associated
legal advertising/public notice for the public hearings.
GROWTH MANAGEMENT IMPACT: After Adoption, the DEO and other applicable review
agencies will have 30 days (from the date DEO determines the Adoption packages are complete) to
review the adopted Plan amendment and, should they believe the amendment is not "in compliance," file
a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of
Administrative hearings. Similarly, any affected party also has 30 days (from the date of Board
Adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party,
then the amendment will become effective.
LEGAL CONSIDERATIONS:
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9.B
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and
subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning
Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following
criteria in making its decision: "plan amendments shall be based on relevant and appropriate data and an
analysis by the local government that may include but not be limited to, surveys, studies, community
goals and vision, and other data available at the time of adoption of the plan amendment. To be based on
data means to react to it in an appropriate way and to the extent necessary indicated by the data available
on that particular subject at the time of adoption of the plan or plan amendment at issue." 163.3177(1)(f),
FS In addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys,
studies and data regarding the area, as applicable including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
non -conforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent
with s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will strengthen
and diversify the community's economy.
This item is approved as to form and legality. It requires an affirmative vote of four for approval because
this is an Adoption hearing of the GMP amendment (HFAC)
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the CCPC forward petition PL20190002353/CP-2020-2 to the Board with a recommendation of approval
to transmit adopted amendment to the Florida Department of Economic Opportunity and other statutorily
required agencies.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
recommended (vote 510) that the Board adopt PL20190002353/CP-2020-02 and transmit to the Florida
Department of Economic Opportunity and other statutorily required agencies, with the following change:
Animal shelters, animal services centers, wildlife refuges and sanctuaries, and zoological attractions shall
be not for profit.
RECOMMENDATION: To adopt and transmit petition PL20190002353/CP-2020-2 to the Florida
Department of Economic Opportunity and other statutorily required agencies, as recommended by the
CCPC.
Prepared by: Josephine Medina, Principal Planner, Zoning Division
ATTACHMENT(S)
1.01_CCPC Adoption Staff Report 92021 (PDF)
2. 02_BCC Adoption Ordinance - 100821 (PDF)
3.03_Attachment A - Ordinance 2011-29 (PDF)
4.04_Attachment B- Subdistrict Concept Plan Removed (PDF)
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5.05_CCPC Transmittal Staff Report (PDF)
6.06_Transmittal Resolution 2021-110 (PDF)
7. 09_Transmittal CCPC Transcript (PDF)
8. 10_Agency Review Letters (PDF)
9. 11_CCPC-BCC Hybrid Meeting Waiver(PDF)
10. [Linked] 12_Backup Material (PDF)
11. 13_Correspondence Adoption CCPC Hearing (PDF)
12. legal ad - agenda IDs 20202 & 20160 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B
Doc ID: 20160
Item Summary: Recommendation to approve 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 Estates Shopping Center Subdistrict of the Estates Commercial -District of the Rural Golden
Gate Estates Sub -Element of the Golden Gate Area Master Plan and Future Land Use Maps to add
commercial, public, civic and institutional uses; or, in the alternative to some uses, development of up to
12 single family residential dwelling units; reduce commercial square footage from 190,000 to 50,000
excluding some uses from the maximum square footage limitation; remove outdoor music prohibition;
remove single commercial use and building size limitations; reduce setbacks and landscape buffer widths;
and remove phasing and developer commitments; and furthermore directing transmittal of the adopted
amendment to the Florida Department of Economic Opportunity. The subject property is 41f acres and
located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4,
Township 49 South, Range 27 East, Collier County, Florida. (Adoption Hearing) [PL20210002353]
(Companion to items 8A and 9A)
Meeting Date: 10/26/2021
Prepared by:
Title: — Zoning
Name: Josephine Medina
09/28/2021 6:21 PM
Submitted by:
Title: — Zoning
Name: Mike Bosi
09/28/2021 6:21 PM
Approved By:
Review:
Zoning
Zoning
Growth Management Department
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
Mike Bosi
Zoning Director Review
Completed
09/29/2021 7:56 AM
James Sabo
Additional Reviewer
Completed
09/29/2021 10:24 AM
Lissett DeLaRosa
Growth Management Department
Completed
09/29/2021 11:33 AM
Jeanne Marcella
Transportation
Skipped
09/30/2021 8:57 AM
James C French
Growth Management
Completed
10/11/2021 4:26 PM
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Completed
10/13/2021 2:50 PM
Debra Windsor
Level 3 OMB Gatekeeper Review
Completed
10/13/2021 2:55 PM
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed
10/13/2021 4:39 PM
Laura Zautcke Additional Reviewer
Completed 10/14/2021 9:36 AM
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10/26/2021
County Manager's Office
Board of County Commissioners
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 10/20/2021 2:47 PM
10/26/2021 9:00 AM
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9.B.a
C;o e-r C;o-mip.ty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: October 7, 2021
SUBJECT: PETITION CP-2020-2 / PL20190002353, GROWTH MANAGEMENT PLAN
AMEN DMENT(Companion to PUDA PL20190002354) [ADOPTION
HEARING]
ELEMENT: RURAL GOLDEN GATE ESTATES SUB -ELEMENT OF THE GOLDEN
GATE AREA MASTER PLAN
APPLICANTS/OWNERS/AGENTS:
Richard D. Yovanovich, Successor Trustee of various Land Trusts
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
D. Wayne Arnold, AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
GEOGRAPHIC LOCATION:
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
The subject property comprises approximately 41.00 acres and is located at the northwest corner
of Golden Gate Boulevard and Wilson Boulevard N, westward to 3rd Street NW. The property lies
within the Rural Estates Planning Community, in Section 4, Township 49 South, Range 27 East.
CP-2020-2 / PL20190002353
Estates Shopping Center Subdistrict
09/20/2021
Page 1 of 8
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9.B.a
PURPOSED AMENDMENT/DESCRIPTION OF PROJECT:
The subject property is designated Estates Designation, Commercial District, Estates Shopping
Center Subdistrict, as identified in the Rural Golden Gate Estates Future Land Use Map of the
Golden Gate Area Master Plan (GGAMP). The petition proposes to revise the Estates Shopping
Center Subdistrict in order to modify the permitted land uses within the Subdistrict and to remove
an existing conceptual plan from the existing document, which is Ordinance 2011-29 and is
included as Attachment A. Additionally, a clear copy of the existing conceptual plan from that
ordinance is included as Attachment B.
This request reduces the general commercial square footage from an existing 190,000 to 50,000
square feet. The applicant proposes specific uses not included as part of the proposed commercial
square footage reduction to 50,000 square feet, which are listed:
• The principal uses are "governmental facilities, animal shelters, animal service centers.
Wildlife refuge and sanctuaries, zoological attractions, veterinary services or their accessory
uses."
The additional square footage is proposed as animal sanctuary & zoological attractions known as
the Shy Wolf Sanctuary. There was no commercial analysis provided.
The companion Planned Unit Development (PUD) proposed uses and parcels to be allocated as
follows:
■ ±10-acre portion of the site at Wilson and Golden Gate Blvd to remain with commercial
uses.
■ ±10-acre portion of the site at 1 St St. NW is donated to Collier County for public uses.
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■ ±14-acre portion of the site is Shy Wolf animal sanctuary and animal education uses, Shy
Wolf animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological
attractions veterinary services and their accessory, including dormitory units.
REQUESTED ACTION:
To amend an established Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural
Golden Gate Estates Sub -Element text, and Rural Golden Gate Estates Future Land Use Map
and Map Series of the Growth Management Plan (GMP) by:
1) Amending the Estates — Commercial District to decrease the amount of general commercial
square footage to 50,000 square feet,
2) Exempting governmental facilities, animal shelters, animal service centers. Wildlife refugee
and sanctuaries, zoological attractions, veterinary services or their accessory uses from the
commercial square footage limitation,
3) Allowing dormitories as an accessory use incidental to and supporting of zoological
attractions and animal service centers,
4) Replacing detailed list of allowable commercial uses with simplified permitted and
conditional uses of the C-1 through C-3 Zoning District.
5) Removing outdoor music prohibition,
6) Removing minimum subdistrict boundary distance requirements for commercial buildings,
7) Reducing landscape buffer requirements,
8) Removing commercial building square foot limitations,
9) Removing phasing requirements,
10) Allowing the development of a maximum of 12 single family dwelling units in accordance
with the Residential Estates Subdistrict in the alternative to some uses being developed.
11) Removing an existing Subdistrict Conceptual Plan from the Rural Golden Gate Estates Sub -
Element.
The Subdistrict language proposed by this amendment is found in Ordinance Exhibit "A".
PREVIOUS TRANSMITTAL ACTIONS:
Transmittal hearings on the proposed Growth Management Plan amendment were held on April 19,
2021 by the CCPC (Collier County Planning Commission). The Transmittal recommendations/
actions are presented below.
Within CCPC materials provided, you will find the transcript of the April 19, 2021 CCPC transmittal
hearing, and the CCPC staff report for the petition, which provides staff's detailed analysis of the
petition.
In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review
Process, this Transmittal package was provided to the Florida Department of Economic Opportunity
(DEO) and other reviewing agencies on July 06, 2021.
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TRANSMITTAL:
STAFF RECOMMENDATION: To Transmit to DEO subject to the applicant providing a trip cap as
part of the PUD and tying accessory uses for housing to Shy Wolf Sanctuary when the item comes
back for adoption.
CCPC RECOMMENDATION: Transmit to DEO (Vote 5/5).
BOARD ACTION: Transmit to DEO (Vote 4/0).
STAFF SUMMARY OF THE NEIGHBORHOOD INFORMATION MEETING:
A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F was [duly
advertised, noticed and] held on Wednesday, December 09, 2020, 5:30 p.m. at North Collier
Regional Park, Conference Room A, 15000 Livingston Road, Naples . Approximately 20 people
attended in -person and 4 people via Zoom connections, other than the application team and County
staff attended — and heard the following information:
The agents representing this petition (Rich Yovanovich, D. Wayne Arnold) introduced other
members of the application team present. They also introduced staff Planner representing Collier
County — Corby Schmidt, AICP, Principal Planner and project coordinator for the GMP amendment
petition, Nancy Gundlach, AICP, Principal Planner and project coordinator for the PUD amendment
petition, and Anita Jenkins, Supervisor. Also present were, representatives from Shy Wolf, who are
involved in the Estates Shopping Center property.
Mr. Yovanovich identified the two subject property's locations, one fronting on 4th Street NE, and
one at Golden Gate Boulevard and Wilson Boulevard N.
He described the proposed commercial development that includes (a gas station with fuel pumps,
which will necessitate five (5) deviations [in the companion PUD] of) 50,000 sq. ft. of C-4 intensity,
both by -right and conditional use commercial uses, multi -family residential uses, that the Subdistrict
would allow.
Neighbors voiced their concern over the proposed essential services personnel (ESP) housing —
and the intensity of 30 residential units on 10 acres. In the absence of the multi -family ESP housing,
provisions are included for single-family residences.
Many of those present agreed with the idea that westbound traffic on Golden Gate is already a
"nightmare" problem, and objected to locating multi -family housing near the Wilson Blvd.
intersection.
They asked the developers to consider alternatives, such as restricting or limiting commercial
development and commercial traffic on westerly portion of the property. Jim Banks, Transportation
Planner for the project team, indicated no other intersection along Golden Gate will warrant another
signal, and the commercial uses will need to be accommodated by other methods.
Another speaker objected to the uses available on the 10 acre parcel.
County Board Commissioner Mc Daniels joined the group. Mr. Yovanovich reviewed the groups'
opposition to placing 30 essential services personnel housing on the 10 acre parcel.
The first Zoom caller was taken, asking about the 10 acres. Mr. Yovanovich clarified how there is a
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property exchange agreement. The County will decide whether these acres become government
services, or a park or another use allowed.
The information meeting was completed by 6:20 p.m. The applicant transcribed the full proceedings
of this meeting, and that transcription, along with their PowerPoint presentation are on record and
included in the agenda materials.
[Summary prepared by C. Schmidt, AICP, Principal Planner]
ViV-,TeTA ►
After BCC approval to transmit the GMPA on May 25, 2021 (Resolution 2021-110) and in
accordance with Chapter 163.31.84(3)(a) F.S., staff prepared a letter/packet requesting State
agencies review the Transmitted amendment with each reviewing agency's authorized scope of
review, the Florida Department of Economic Opportunity (DEO), as well as the Florida Department
of Environmental Protection (DEP), Florida Department of Agriculture and Consumer
Services/Florida Forest Service, Florida Department of State/Bureau of Historic Preservation,
Florida Fish and Wildlife Conservation Commission, South Florida Water Management District
(SFWD), Southwest Florida Regional Planning Council, and Florida Department of Transportation
rendered their comment letters indicating "no comment' or "no adverse impacts found" or the
agency did not respond.
The Comments Letters received are located within materials provided to the CCPC. The remaining
reviewing agencies did not provide a Comment Letter.
Florida State Statutes state the following under "Expedited State Review Process for Adoption of
Comprehensive Plan Amendments" Chapter 163.3184 (4) (c) 1, "The local government shall hold
its second public hearing, which shall be a hearing on whether to adopt one or more comprehensive
plan amendments pursuant to subsection (11). If the local government fails, within 180 days after
receipt of agency comments, to hold the second public hearing, the amendments shall be deemed
withdrawn unless extended by agreement with notice to the state land planning agency and any
affected person that provided comments on the amendment..." The County received the DEO
agency comment letter on July 6, 2021. The 180-day timeframe to hold the second public hearing
on whether to adopt the petition ends on January 2, 2022.
Subsequent to GMPA transmittal to the DEO, Exhibit "A" was revised with the following changes:
• Replacement of up to 50 residential dwelling units with 12 single family dwelling units to be
developed as an alternative to some of the uses being developed.
• Moving dormitory language under accessory uses and limiting the use as incidental and in
support of zoological attractions and animal services centers
• Addition of government facilities as a use not subject to commercial square foot limitation.
• Addition of exception for a portion of Tract C landscape buffer width
An excerpted of specific text changes has been provided below. Text deletions are shown in double
and text additions are double underlined.
2. Estates Shopping Center Subdistrict
CP-2020-2 / PL20190002353
Estates Shopping Center Subdistrict
09/20/2021
[Page 18]
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9.B.a
*** *** *** *** *** TEXT BREAK *** *** *** *** ***
All development in this Subdistrict shall comply with the following requirements and limitations:
a. Allowable Uses, as identified with a number from the Standard Industrial Classification Manual, shall be
limited to the following:
1. All Permitted and conditional uses of the C-1 through C-3 Zoning District
2. Public Parks
3. Animal shelters, animal services centers, wildlife refuges and sanctuaries, and zoological attractions
4. Cultural, educational ecological or recreational facilities
5.
In the alternate to the foregoing uses 2 3 and 4 above this
Subdistrict may be developed with a maximum of 12 single family_ dwelling units in accordance with
the Residential Estates Subdistrict.
*** *** *** *** *** TEXT BREAK *** *** *** *** ***
b. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Utility buildings (including water and wastewater plants) which shall be enclosed
2. Essential service facilities
3. Gazebos, statuary and other architectural features
4. Utilities, water and wastewater facilities and/or plants (all processing plants must be enclosed) 5.
Alcohol service for outdoor dining shall only be accessory to food service
6. Dormitorv. as incidental to and supporting of zoological attractions and animal services centers and
shall not be subject to the dwelling unit limitation.
*** *** *** * * * *** TEXT BREAK *** *** *** *** ***
ed.I)Retail and commercial development intensity shall be limited to 4950,000 square feet of gross leasable
floor area. The limitation herein does not apply to governmental facilities, animal shelters, animal service
centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services or their accessory
uses.
*** *** *** *** *** TEXT BREAK *** *** *** *** ***
jf. Development standards, including permitted uses and setbacks for principal buildings shall be established
at the time of PUD rezoning. Any future PUD rezone shall include at a minimum: 1. Landscape buffers
adjacent to external rights -of -way shall be: a minimum 20-foot- wide type D landscape buffer. except for
Tract C which may reduced to 14 feet on 3rd Street NW:.
ADOPTION STAFF ANALYSIS:
Staff has reviewed changes above as well as specifics that have resulted changes to the companion
PUDA for consistency with the GMP goals and policies.
FLUE Policy 5.6 requires new land uses to be compatible with, and complementary to, the
surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the
subject site, a compatibility analysis might include a review of the subject proposal comparing it to
surrounding properties as to the allowed use intensities and densities, development standards
(building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation,
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9.B.a
architectural features, amount and type of open space, and location. Staff notes that specifics
regarding internal compatibility should the alternative single family residential use in either Tract B
or C be developed adjacent to non-residential use Tracts internal to the project should be identified
within the PUD petition.
Environmental Impacts:
The subject property is 40.62 acres. The amount of native vegetation (27.81 acres) onsite has been
field verified by staff during review of the Planned Unit Development (PUD) for the project. The
project is currently zoned PUD (Estates Shopping Center).
Staff has identified the PUD is within Wellfield Risk Management Special Treatment Overlay zones
ST/W-1 through ST/W-3, as defined in LDC Section 3.06.00. The proposed GMP amendment land
uses must be compliant with LDC Section 3.06.12.
The proposed GMP amendment requests a deviation to the Coastal and Conservation Management
Element (CCME) Policy 6.1.1(2) of the GMP, which states preservation of native vegetation shall be
in the largest contiguous area possible. As part of the PUD, there are three separate entities that
will develop the three tracts within the PUD. Much of the project site has been previously impacted
and developed with single family homes. The existing vegetation is not contiguous to any other
native vegetation preservation areas. Requests for deviations to the native vegetation retention
requirements in the GMP and LDC are allowed pursuant to CCME Policy 6.1.1(13). The CCME
Policy is as follows:
CCME Policy 6.1.1 (13)
(13) The County may grant a deviation to the native vegetation retention requirements of sub-
sections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth
the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by
the appropriate review board after a public hearing, and for the granting of a deviation
administratively. The County shall consider the amount and type of native vegetation and the
presence of listed species in determining whether the granting of a deviation requires a public
hearing or may be granted administratively.
The County may grant a deviation if. -
a. County, Federal or State agencies require that site improvements be located in areas which result
in an inability to meet the provisions of this Policy, or
b. On or off -site environmental conditions are such that the application of one or more provisions of
this Policy is not possible or will result in a preserve area of lesser quality, or
c. The strict adherence to these provisions will not allow for the implementation of other Plan policies
that encourage beneficial land uses.
Given the above, as well as previous impacts to the site due to the development of single-family
homes and the project will be developed by three separate entities, staff supports the request to
allow two unconnected preserves within the PUD and recommends approval of the GMP
amendment.
This project does require Environmental Advisory Council (EAC) review, as this project did meet the
EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County
Code of Laws and Ordinances. Specifically, the applicant is requesting a deviation from CCME
CP-2020-2 / PL20190002353 Page 7 of 8
Estates Shopping Center Subdistrict
09/20/2021
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9.B.a
Policy 6.1.1(2) to allow to two preserves not connected within the site.
Staff recommends that the County Planning Commission forward Petition CP-2020-2 /
PL20190002353 to the Board of County Commissioners with a recommendation to adopt and
transmit to the Florida Department of Economic Opportunity and reviewing agencies that provided
comments.
LEGAL CONSIDERATIONS:
This Staff Report was reviewed by the County Attorney's Office on September 20, 2021.
G:\CDES Planning Services\Comprehensive\Comp Planning GIMP DATA\Comp Plan Amendments\2020 Cycles & Smalls\CP-20-2, Estates Shppng Cntr Subd
GGAMP\CCPC\01_CCPC Adoption Staff Report 92021.docx
CP-2020-2 / PL20190002353
Estates Shopping Center Subdistrict
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9.B.b
ORDINANCE NO.2021-
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 ESTATES SHOPPING CENTER
SUBDISTRICT OF THE ESTATES COMMERCIAL -DISTRICT OF
THE RURAL GOLDEN GATE ESTATES SUB -ELEMENT OF THE
GOLDEN GATE AREA MASTER PLAN AND FUTURE LAND USE
MAPS TO ADD COMMERCIAL, PUBLIC, CIVIC AND
INSTITUTIONAL USES; OR, IN THE ALTERNATIVE TO SOME
USES, UP TO 12 SINGLE FAMLIY RESIDENTIAL DWELLING
UNITS; REDUCE COMMERCIAL, SQUARE FOOTAGE FROM
190,000 TO 50,000 EXCLUDING SOME USES FROM THE
MAXIMUM SQUARE FOOTAGE LIMITATION; REMOVE
OUTDOOR MUSIC PROHIBITION; REMOVE SINGLE
COMMERCIAL USE AND BUILDING SIZE LIMITATIONS;
REDUCE SETBACKS AND LANDSCAPE BUFFER WIDTHS; AND
REMOVE PHASING AND DEVELOPER COMMITMENTS; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 41f
ACRES AND LOCATED AT THE NORTHWEST QUADRANT OF
GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN
SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA. [PL20190002353]
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, Coleman, Yovanovich & Koester, P.A., requested an amendment to the
Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan and Future Land
Use Maps; and
[20-CMP-01078/1673275/1]191 ^
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10/8/21 *** *** *** *** are a break in text
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9.B.b
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on June 1, 2021, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
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 October 7, 2021, and the Collier
County Board of County Commissioners held on ; 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 Future Land Use 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 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
[20-CMP-01078/1673275/ 1 ] 191
Estates Shopping Ctr / PL20190002353 words underlined are additions; Words struck through are deletions. Page 2 of 3
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9.B.b
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 2021.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Text and Map
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rw
Penny Taylor, Chairman
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PL20190002353/CP-2020-2
EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
RURAL GOLDEN GATE ESTATES SUB -ELEMENT
B. LAND USE DESIGNATION DESCRIPTION SECTION [Page 9]
**** *** *** *** ** TEXT BREAK ** ** ** *** *** ***
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1. ESTATES DESIGNATION
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B. Estates — Commercial District [Page 16]
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2. Estates Shopping Center Subdistrict [Page 18]
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Recognizing the need to provide for centrally located basic commercial goods and services and
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public, civic and institutional uses within a portion Northern Golden Gate Estates, the Estates
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Shopping Center Subdistrict has been designated on the Rural Golden Gate Estates Future Land
Use Map.
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The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard
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westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts 142
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and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates,
totaling approximately 41 acres.
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The Estates Shopping Center Subdistrict is intended to provide convenient shopping, personal
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services, employment and public, civic and institutional uses for the -^gal areas ef Northern
Golden Gate Estates. GornmerGial development in this S bdic}rir+}� r--h ino dri.,ing distanGeS
for many residents, .assist in MiniMiZinrr the read notweick required, rl -Anrer-h ino }raffin impaG in
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All development in this Subdistrict shall comply with the following requirements and
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limitations:
a. Allowable Uses, as identified with a number from the Standard Industrial
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1. All Permitted and conditional uses of the C-1 through C-3 Zoning
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3. Not for profit animal shelters, animal services centers, wildlife refuges and
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4. Cultural, educational ecological or recreational facilities
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5. In the alternate to the foregoing uses 2,3, and 4 above, this Subdistrict may be
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developed with a maximum of 12 single family dwelling units in accordance
with the Residential Estates Subdistrict.
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PL20190002353/CP-2020-2
1 Amusement
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Groups l 91 1 DanGe studies, anhalls, eXG'ud'ng mSrevthT .ques
7001 Rhvsiral fitness fa Gilitiec
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77373 Computer integrated systems design d
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7376 Computer fa Gilities management ceryirec
77379 Gemputer reiated serVices, net ells eV1„ h ss ofied
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5941 Sperti goods stores and bmGy ale shuns
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PL20190002353/CP-2020-2
9.B.b
b. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Utility buildings (including water and wastewater plants) which shall be enclosed
2. Essential service facilities
3. Gazebos, statuary and other architectural features
4. Utilities, water and wastewater facilities and/or plants (all processing plants
must be enclosed)
5. Alcohol service for outdoor dining shall only be accessory to food service
6. Dormitory, as incidental to and supporting of zoological attractions and
animal services centers and shall not be subject to the dwelling unit
limitation.
The following uses, as identified with a number from the Standard Industrial
Classification Manual, shall be prohibited:
Words underlined are added; words StFUGI(t49wgh are deletions
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PL20190002353/CP-2020-2
9.B.b
1. Amusement and recreation services, not elsewhere classified (Group 7999,
except those uses expressly listed above in a.1 are permitted)
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 — Radio, television, and publishers' advertising representatives
7331 — Direct mail advertising services
4. Correctional Institutions (Group 9223)
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 —
Elementary and secondary schools
8221
— Colleges, universities, and professional schools
8222
— Junior colleges and technical institutes
8231
— Libraries
7. Health services
Groups 8062 — General medical and surgical
hospitals 8063 — Psychiatric hospitals
8069 — Specialty hospitals, except psychiatric
8. Miscellaneous Retail
Groups 5921 — Liquor stores
5961 — Catalog and mail-order houses
5962 — Automatic merchandising machine operators
9. Personal services
Groups 7211 — Power Laundries, family and commercial
7261 — Funeral service and crematories
10. Social services
Groups 8322 — Individual and family social services, excluding adult day care
centers
8361 — Residential care, including soup kitchens and homeless
shelters
d. 9Retail and commercial development intensity shall be limited to 1950,000 square
feet of gross leasablefloor area. The limitation herein does not apply to governmental
facilities, animal shelters, animal service centers, wildlife refuges and sanctuaries,
zoological attractions, veterinary services or their accessory uses.
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PL20190002353/CP-2020-2
9.B.b
+e. Rezoning is encouraged to be in the formof a Planned Unit Development (PUD),
and the rezone ordinance must contain development standards to ensure that all
commercial land uses will be compatible with neighboring residential uses.
This subdistrict includes a conceptual plan, which identifies the location of the
permitted development area and required preserve area for this subdistrict. The
preserve area depicted on the conceptual plan shall satisfy all comprehensive plan
requirements for retained native vegetation, including but not limited to the
requirements of Policy 6.1.1 of the CCME. A more detailed development plan must
be developed and utilized for the required PUD rezoning.
if. Development standards, including permitted uses and setbacks for principal buildings
shall be established at the time of PUD rezoning. Any future PUD rezone shall include
at a minimum:
1. Landscape buffers adjacent to external rights -of -way shall be: a minimum 20-
foot- wide type D landscape buffer, except for Tract C which may be reduced
to 14 feet on 3rd Street NW:.
a���3�,�treets �Ainimi �m Zrl' �eiildo onhonnord hi iffor
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b. Wilson Boulevard Mnonimurn 25�' worve enhanned buffe
G.olden Gaye BouTevaMd Minima im 50' wi.de enhaRGed hi iffor
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PL20190002353/CP-2020-2
detention. Any n it y GonstrNGted berm shall be reyegetated +o moo+
rrr � �-r��urr—vcTcv" y �v—nTccc
su;seEt+ee-3.05.0ter—ef the LDG (native vegefatmen repl,aRtiRg
requirements) 4dditienallye `t in erder to be nensiderefor annreyale use of +he
native vegetation reten+inn area for water management ni irnoses shall men+
the following criteria• d
There llh shall be nn adverse impacts to the native vegetation being
FetaiRed. gal wa+eF dmFeGted tn�.s area shauIIrl ROt rnrC�eave i
the annual h ydFo_ neried i finless it is nreyen that si ich WO 'd haVe Re W
adverse impact to the existing vegetation �
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If th�e nr�ec�Fe�Sr-peFl�tfl-agjthe --��R,., �
nag t Distr� nrnie all provide I or official
eFFFeFIr-vr�aT �rv7c a�e�tei�r-vrrrcrur �
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management req iirements If the district cannot or Will not sL innhi si ich 'Q
a letter then the native Vegetation retention area shall no+ he used for Q•
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EXHIBITA PL20190002353/CP-202 -
�0 ESTATES SHOPPING CENTER SUBDISTRICT
Q/ COLLIER COUNTY, FLORIDA
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ADOPTED - XXXX, XXXX +—+ —f—i LEGEND
(Ord. No. XXXX-X)
PREPARED BY'. BETH YANG, AICP ESTATES SHOPPING
GROWTH MANAGEMENT DEPT.
FILE'. ESTATES SHOPPINGCENTER SUBDISTRICT CENTER SUBDISTRICT
LOCATION MAP DRAFT MAD
DATE: OCT. 2020
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EXHIBIT "A"
9.B.b
PETITION PL20190002353/CP-2020-2
RURAL GOLDEN GATE ESTATES
FUTURE LAND USE MAP
IMMOKALEE RD
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ESTATES SHOPPING CENTER SUBDISTRICT CONCEPTUAL PLAN
LAKE
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�(0rd. No. 2011— 29) 2011
[SS POINTS SHOWN ARE CONCEPTUAL. THE LOCATION AND NUMBER OF ACCESS POINTS
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9.B.c
ORDINANCE NO.2011- 2 9
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, tA$
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN
AMENDMENT, SPECIFICALLY AMENDING THE GOLDEN -
GATE AREA MASTER PLAN, INCLUDING THE GOLDEN
GATE AREA MASTER PLAN FUTURE LAND USE MAP AND
MAP SERIES TO CREATE THE ESTATES SHOPPING CENTER
SUBDISTRICT, AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORDIA DEPARTMENT OF ECONOMIC OPPORTUNITY,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., 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, D. Wayne Arnold of Q. Grady Minor and Associates, and Richard
Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. requested an amendment to the
Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and
Map Series to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000
square feet of commercial uses of the C-1 through C-3 zoning districts, with exceptions, and
some uses of the C-4 and C-5 zoning districts with a requirement to construct a grocery store for
property located on the north side of Golden Gate Boulevard extending from Wilson Boulevard
west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of
40.62± acres; and
Words stmek through are deletions; words underlined are additions
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Petition No. CP-2008-1
Rev. 8/09/ 1 1
Packet Pg. 178
9.B.c
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map and Map Series to
the Growth Management Plan and transmitted its findings in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendments 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 the Golden
Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series
to the Growth Management Plan on September 13, 2011; 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
meetings of the Collier County Planning Commission held on July 21, 2011, and August 4, 2011
and the Collier County Board of County Commissioners held on September 13, 2011; 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 AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN.
The Board of County Commissioners hereby adopts these amendments to the Golden
Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series
in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments
are attached hereto as Exhibit "A" and are incorporated by reference herein.
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Petition No. CP-2008-1
Rev. 8/09/ 11
Packet Pg. 179
9.B.c
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 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 state land planning
agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2011.
ATTEST:
DWIGHT E.\0A0 K,;,vLERK
lSt a to.1 F Pik
Approved as to form and
legal ufficiency:
eidi As ton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
CPU 1-CMP-00793\31
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: W.
FRED W. COYLE, Chairm
This ordinance filed with the
Secretcry of State's Offico t')t
day of5,, 1
and ecknoivle g'ement of trot
film received this
day
of _
By- of
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Petition No. CP-2008-1
Rev. 8/09/ 1 1
Packet Pg. 180
CP-2008-1
9.B.c
Exhibit A
GOLDEN GATE AREA MASTER PLAN
Policy 1.1.2:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
B. ESTATES — COMMERCIAL DISTRICT
1. Interchange Activity Center Subdistrict
2. Pine Ridge Road Mixed Use Subdistrict
3. Randall Boulevard Commercial Subdistrict
4. Commercial Western Estates Infill Subdistrict
5. Golden Gate Estates Commercial Infill Subdistrict
6. Estates Shopping Center Subdistrict
*** *** *** *** *** *** *** *** *** *** *** ***
B. Estates — Commercial District
[Page 4]
6. Estates Shopping Center Subdistrict — Recognizing the need to provide for
centrally located basic -goods and services within a portion Northern Golden Gate
Estates, the Estates Shopping Center Subdistrict has been designated on the Golden
Gate Area Future Land Use Map
The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson
Boulevard westward to 3`" Street NW and extending northward to include the southern
180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit
11 of Golden Gate Estates totaling approximately 41 acres
The Estates Shopping Center Subdistrict is intended to provide convenient shopping,
personal services and employment for the central areas of Northern Golden Gate
Estates. Commercial development in this Subdistrict will reduce driving distances for
many residents, assist in minimizing the road network required and reduce traffic
impacts in this area of Collier County.
All development in this Subdistrict shall comply with the following requirements and
limitations:
a. Allowable Uses shall be limited to the following:
1. Amusement and recreation
Groups 7911— Dance studios schools and halls excluding discotheques
7991 — Physical fitness facilities
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CP-2008-1
9.B.c
7999 —Amusement and recreation services not elsewhere classified
allowing only day camps gymnastics instruction judo/karate
instruction sporting goods rental and yoga instruction
2. _Apparel and accessory stores (no adult oriented sales)
Groups 5611 — Men's and bovs' clothing and accessory stores
5621 — Women's clothing stores
5632 — Women's accessory and specialty stores
5641 — Children's and infants' wear stores
5651 — Family clothing stores
5661 — Shoe stores
5699 — Miscellaneous apparel and accessory stores
3. _Automotive dealers and gasoline service stations
Groups 5531 — Auto and home supply stores
4. Automotive regair. services and parking (No outdoor repair/service All
repairs/services to be performed by authorized automotive technician.)
Groups 7514 — Passenger car rental
5. Building materials, hardware garden supply, and mobile home dealers
Groups 5231 — Paint glass and wallpaper stores
5251 — Hardware stores
5261 — Retail nurseries lawn and garden supply stores
6. Business services
Groups 7334 — Photocopying and duplicating services
7335 — Commercial photography
7336 — Commercial art and graphic design
7338 — Secretarial and court reporting services
7342 — Disinfecting and pest control services
7352 — Medical equipment rental and leasing
7359 — Equipment rental and leasing not elsewhere classified
excluding the following uses: airplane rental and leasing: coin
operated machine rental and leasing, industrial truck rental and
leasing; oil field equipment rental and leasing: oil well drilling
equipment rental,• leasing, toilets portable — rental and leasing:
and vending machines — rental only
7371 — Computer programming services
7372 — Prepackaged software
7373 — Computer integrated systems design
7374 — Computer processing and data preparation and processing
services
7375 — Information retrieval services
7376 — Computer facilities management services
7379 — Computer related services not elsewhere classified
7382 — Security systems services
7383 — News syndicates
7384 — Photofinishing laboratories
7389 — Business services, not elsewhere classified
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CP-2008-1
7. Communications
Groups 4812 — Radiotelephone communications
4841 - Cable and other pay television services
8. Construction special trade contractors (office use only, no on site materials or a
equipment storage)
2
Groups 1711 — Plumbing heatina and air-conditioning
1721 — Painting and paper hanging industry
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1731 — Electrical work industry
1741 — Masonry, stone setting and other stone work
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1742 — Plastering drvwall acoustical and insulation work
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1743 — Terrazzo, tile, marble and mosaic work industry
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1.751 — Carpentry work
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1752 — Floor laving and other floor work not elsewhere classified
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industry
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1761 —Roofing. siding and sheet metal work industry
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1771 — Concrete work industry
1.781 — Water well drilling industry
1791 — Structural steel erection
1793 — Glass and -glazing work
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1794 — Excavation work
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1795 — Wrecking and demolition work
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1796 — Installation or erection of building equipment not elsewhere
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1799 — Special trade contractors not elsewhere classified
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9. Depository institutions
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Groups 6021 — National commercial banks
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6022 — State commercial banksCD
6029 — Commercial banks not elsewhere classified
N
6035 — Savings institutions federally chartered
6036 — Savings Institutions not federally chartered
N
6061 — Credit unions federally chartered
6062 — Credit unions, not federally chartered
N
6091 — Non -deposit trust facilities
6099 — Functions related to depository banking not elsewhere classified
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10. Eatinq and drinking places (Group 5812 including only liquor service accessory to
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the restaurant use no outdoor music or televisions and no windows or walls
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open to the outside except as required by code)
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11. Engineering, accounting research management and related services
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Groups 8711 — Engineering services
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8712 — Architectural services
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8713 — Survevina services
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8721 —Accounting auditing and bookkeeping services
8741 — Management services
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8742 — Management consulting services
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8743 — Public relations services
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8748— Business consulting services not elsewhere classified
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Packet Pg. 183
9.B.c
CP-2008-1
12. Executive legislative and general government except finance
Groups 9111 — Executive offices
9121 — Legislative bodies
9131 — Executive and legislative offices combined
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9199 _- General government not elsewhere classified
13. Food stores
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Groups 5411 — Grocery stores (minimum 27,000 square feet)
5421 — Meat and fish (seafood) markets includina freezer
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provisioners
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5431 — Fruit and vegetable markets
5441 — Candy, nut and confectionery stores
5451 — Dairy products stores
5461 — Retail bakeries
5499 — Miscellaneous food stores including convenience stores with
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fuel pumps and carwash
14. General merchandise stores
Groups 5311 — Department stores
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5331 — Variety stores
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5399 — Miscellaneous general merchandise stores
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15. Home furniture, furnishings and equipment stores
Groups 5712 — Furniture stores
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5713 — Floor covering stores
5714 — Drapery, curtain and upholstery stores
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5719 — Miscellaneous home furnishings storesCD
5722 — Household appliance stores
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5731 — Radio, television, and consumer electronics stores
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5734 — Computer and computer software stores
N
5735 — Record and prerecorded tape stores (no adult oriented sales)
5736 — Musical instrument store
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16. Insurance carriers
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Groups 6311 — Life insurance
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6321 — Accident and health insurance
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6324 — Hospital and medical service plans
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6331 — Fire, marine and casualty insurance
6351 — Surety insurance
6361 — Title insurance
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6371 — Pension, health and welfare funds
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6399 — Insurance carriers not elsewhere classified
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6411 — Insurance aaents
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17. Justice, public order and safetv
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Groups 9221 — Police protection
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9222 — Legal counsel and prosecution
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9229 — Public order and safety, not elsewhere classified
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Packet Pg. 184
CP-2008-1
9.B.c
18. Meeting and banciuet rooms
19. Miscellaneous retail (no adult oriented sales)
Groups 5912 — Drug stores and proprietary stores a
5921 — Liouor stores (accessory to arocery or pharmacy only)
5932 — Used merchandise stores
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5941 — Snorting -goods stores and bicycle shops
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5942 — Book stores
5943 — Stationery stores
5944 — Jewelry stores including repair
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5945 — Hobby, toy and aame shoos
5946 — Camera and photographic supply stores
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5947 — Gift. novelty and souvenir shops
5948 — Luggage and leather goods stores
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5949 —Sewing needlework and Diece aoods stores
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5992 — Florists
5993 — Tobacco stores and stands
5994 — News dealers and newsstands
5995 — Ootical goods stores
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5999— Miscellaneous retail stores not elsewhere classified (excluding
gravestone, tombstones auction rooms monuments swimming
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pools, and sales barns)
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20. Non -depository credit institutions
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Groups 6111 — Federal and federally -sponsored credit agencies
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6141 — Personal credit institutions
6153 — Short-term business credit institutions except agricultural
CD
6159 — Miscellaneous business credit institutions
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6162 — Mortgage bankers and loan correspondents
6163 — Loan brokers
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21. Offices and clinics of dentist (Group 8021)
CD
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22. Personal services
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Groups 7212 — Garment pressing and agents for laundries and drycleaners
7221 — Photographic studios portrait
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7231 — Beauty shops
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7241 — Barber shops
7251 — Shoe repair shops and shoeshine parlors
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7291 — Tax return preDaration services
7299 — Miscellaneous personal services not elsewhere classified
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excluding massage parlors Turkish baths and escort services
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23. Public finance. taxation and monetary policy (Group 9311)
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24. Real Estate
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Groups 6512 — Operators of nonresidential buildings
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6513 — Operators of apartment buildings
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Packet Pg. 185
CP-2008-1
9.B.c
6514 — Operators of dwellings other than apartment buildings
6515 — Operators of residential mobile home sites
6517 — Lessors of railroad property
6519 — Lessors of real property, not elsewhere classified
6531 — Real estate agents and managers
6541 — Title abstract offices
6552 — Land_ subdividers and developers except cemeteries
25. Schools and educational services not elsewhere classified (Group 8299)
26. Security and commodity brokers dealers exchanges and services
Groups 6211 — Security brokers dealers and flotation companies
6221 — Commodity contracts brokers and dealers
6231 — Security and commodity exchanges
6282 — Investment advice
6289 — Services allied with the exchange of securities or commodities
not elsewhere classified
27. Social services
Groups 8322 — Individual and family social services (adult day care centers
only)
8351 — Child day care services
28. Travel agencies (Group 4724)
29. Veterinary services for animal specialties (Group 0742 excluding outside kenneling)
30. Video tape rental (Group 7841 excluding adult oriented sales and rentals)
31. United states postal service (Group 4311 excluding maior distribution centers)
32. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses as determined by the Board of Zoning Appeals ("BZA")
by the process outlined in the LDC
b. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal
uses and structures including but not limited to:
a. Utility buildings (including water and wastewater plants) which shall be enclosed
b. Essential service facilities
c. Gazebos, statuary and other architectural features
d. Utilities, water and wastewater facilities and/or plants (all processing plants must
be enclosed)
e. Alcohol service for outdoor dining shall only be accessory to food service
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CP-2008-1
9.B.c
c. Operational Standards
1. Outdoor music is prohibited
d. The following uses shall be prohibited:
1. Amusement and recreation services not elsewhere classified (Group 7999 except
those uses expressly listed above in a 1 are permitted)
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 — Radio television and publishers' advertising representatives
7331 — Direct mail advertising services
4. Correctional Institutions (Group 9223)
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 — Elementary and secondary schools
8221 — Colleaes, universities and professional schools
8222 — Junior colleaes and technical institutes
8231 — Libraries
7. Health services
Groups 8062 — General medical and surgical hospitals
8063 — Psychiatric hospitals
8069 — Specialty hospitals except psychiatric
8. Miscellaneous Retail
Groups 5921 — Liquor stores
5961 — Catalog and mail-order houses
5962 — Automatic merchandising machine operators
9. Personal services
Groups 7211 — Power Laundries family and commercial
7261 — Funeral service and crematories
10. Social services
Groups 8322 — Individual and family social services excluding adult day care
centers
8361— Residential care including soup kitchens and homeless
shelters
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9.B.c
CP-2008-1
e. Development intensity shall be limited to 190,000 square feet of gross leasable floor
area.
f. No commercial use shall exceed fifteen thousand (15,000) square feet except for a
single grocery store use between twenty-seven thousand (27,000) and sixty thousand
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(60.000) square feet in size a single commercial use of up to thirty thousand (30,000)
square feet in size, and a single commercial use of up to twenty thousand (20,000)
square feet in size.
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g. No building may exceed 30,000 square feet in size except for the grocery anchored
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building with inline stores
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h. Development within this Subdistrict shall be phased and the following commitments
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related to area roadwav improvements shall be completed within the specified
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timeframes:
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1. Right -of -Way for Golden Gate Boulevard Expansion and Right of Way for the Wilson
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Boulevard Expansion will be donated to the County at no cost within 120 days of a
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written request from the County.
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2. The owner will pay its fair share for the intersection improvements at Wilson
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Boulevard and Golden Gate Boulevard within 90 days of County request for
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3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard
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are complete. the County shall not issue a Certificate(s) of Occupancy (CO) for more
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than 100,000 square feet of development The applicant must obtain a C.O. for a
grocery store as part of this 100,000 square feet and the grocery store must be the
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first C.O. obtained.
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i. Rezoning is encouraged to be in the form of a Planned Unit Development (PUD) and
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the rezone ordinance must contain development standards to ensure that all commercial
land uses will be compatible with neighboring residential uses
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This subdistrict includes a conceptual plan which identifies the location of the permitted
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development area and required preserve area for this subdistrict The preserve area
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depicted on the conceptual plan shall satisfy all comprehensive plan requirements for
retained native vegetation including but not limited to the requirements of Policy 6 1 1 of
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the CCME. A more detailed development plan must be developed and utilized for the
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required PUD rezoning.
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J. Development standards including permitted uses and setbacks for principal buildings
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shall be established at the time of PUD rezoning Anv future PUD rezone shall include at
a minimum:
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(1) Landscape buffers adiacent to external rights -of -way shall be:
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• 1 S'/3`a Streets- Minimum 30' wide enhanced buffer
• Wilson Boulevard- Minimum 25' wide enhanced buffer
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• Golden Gate Boulevard- Minimum 50' wide enhanced buffer
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Packet Pg. 188
9.B.c
CP-2008-1
2 Exce t for the utility building, no commercial building -may be constructed within 125
feet of the northern property boundary and within 300' of the 3rd Street NW boundary of
this subdistrict.
(3) Any portion of the Project directly abutting residential property (property zoned E
Estates and without an approved conditional use shall provide at a minimum a
seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106 which shall
Provide a minimum 20' wide buffer in which no Darking uses are permitted Twenty-five
25) feet of the width of the buffer along the developed area shall be a landscape buffer.
A minimum of fifty (50) feet of the buffer width shall consist of retained or re planted
native vegetation and must be consistent with subsection 3.05.07.H of the Collier
County Land Development Code (LDC) The native vegetation retention area may
consist of a perimeter berm and be used for water manaaement detention Any newly
constructed berm shall be reveaetated to meet subsection 3.05.07.H of the LDC (native
veaetation reDlantina reauirements) Additionally, in order to be considered for
approval. use of the native vegetation retention area for water management purposes
shall meet the followina criteria:
a. There shall be no adverse impacts to the native vegetation being retained The
additional water directed to this area shall not increase the annual hydro -period
unless it is proven that such would have no adverse impact to the existina
vegetation-
b. If the project requires Dermittina by the South Florida Water Management District
the project shall provide a letter or official document from the District indicating that
the native vegetation within the retention area will not have to be removed to comply
with water manaaement requirements If the District cannot or will not supply such
a letter, then the native veaetation retention area shall not be used for water
management.
c. If the project is reviewed by Collier County the developer's engineer shall provide
evidence that no removal of native vegetation is necessary to facilitate the
necessary storage of water in the water management area
*** *** *** *** *** *** *** *** *** ***
*** ***
A. Estates Mixed Use District
[Page 27]
2) Neighborhood Center Subdistrict — Recognizing the need to provide basic
goods, services and amenities to Estates residents, Neighborhood Centers have been
designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center
designation does not guarantee that commercial zoning will be granted. The designation
only provides the opportunity to request commercial zoning.
a) The Collier County Land Development Code shall be amended to provide rural design
criteria to regulate all new commercial development within Neighborhood Centers.
b) Locations
Neighborhood Centers are located along major roadways and are distributed within
Golden Gate Estates according to commercial demand estimates, (See Map 9). The
centers are designed to concentrate all new commercial zoning, and conditional uses, as
allowed in the Estates Zoning District, in locations where traffic impacts can be readily
Words underlined are added; words stFUGk-t#Feegh are deleted. 9
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Packet Pg. 189
9.B.c
CP-2008-1
accommodated and to avoid strip and disorganized patterns of commercial and
conditional use development. Four Neighborhood Centers are established as follows:
Wilson Boulevard and Golden Gate Boulevard Center.
This center consists of all feu three quadrants at the intersection of Wilson and Golden
Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of
Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden
Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is
approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected
and share access to Golden Gate Boulevard and Wilson Boulevard to minimize
connections to these two major roadways. The SE quadrant of Wilson and Golden Gate
Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates
2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson
Boulevard.
. The SW quadrant of the Center
is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate
Estates.
FUTURE LAND USE MAP SERIES
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
Golden Gate Parkway Institutional Subdistrict
Mission Subdistrict
Estates Shoppina Center Subdistrict
Estates Shoppina Center Subdistrict Conceptual Plan
10
Words underlined are added; words StFUGk thFeug4 are deleted.
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9.B.c
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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 and correct
copy of:
ORDINANCE 2011-29
Which was adopted by the Board of County Commissioners
on the 14th day of September, 2011, during Regular Session
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of September, 2011.
DWIGHT E. BROCK..
Clerk of Courts -a' 'O" Clexk
Ex-officio to0Bard..jf'4,
County Commi�Q6I Ile+s'sr
By. Martha Ve,rgat, c'
Deputy Clerk
Packet Pg. 196
ESTATES SHOPPING CENTER SUBDISTRICT CONCEPTUAL PLAN I 9'B'd
ADOPTED — SEPTEMBER 14, 2011
(Ord. No. 2011-29)
ACCESS POINTS SHOWN ARE CONCEPTUAL. THE LOCATION AND NUMBER OF ACCESS POINTS
TO THE PROJECT WILL BE ESTABLISHED AT THE TIME OF PUD APPROVAL.
GOLDEN
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I� GROWTH MANAGEMENT D
D 100 R. PW Fr. DATE: 9/2011 FILE: Packet Pg. 197
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: April 15, 2021
SUBJECT: PETITION CP-2020-2 / PL20190002353, GROWTH MANAGEMENT PLAN
AMENDMENT [TRANSMITTAL HEARING]
ELEMENT: RURAL GOLDEN GATE ESTATES SUB -ELEMENT OF THE GOLDEN
GATE AREA MASTER PLAN
APPLICANTS/OWNERS/AGENTS:
Richard D. Yovanovich, Successor Trustee of various Land Trusts
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
D. Wayne Arnold, AICP
Q. Grady Minor and Associates, P. A.
3800 Via Del Rey
Bonita Springs, Florida 34134
GEOGRAPHIC LOCATION:
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
The subject property comprises approximately 41.00 acres and is located at the northwest corner
of Golden Gate Boulevard and Wilson Boulevard N, westward to 3rd Street NW. The property
lies within the Rural Estates Planning Community, in Section 4, Township 49 South, Range 27
East.
3RD STREET NW
1ST STREET NW WILSON BLVD NORTH
__ _- -- - -- -- -- _.J
jo GOLDEN GATE BOULEVARD e
—1—
CPSS-2020-2 / PL2M90002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 198
9.B.e
PURPOSE/DESCRIPTION OF PROJECT:
The petition proposes to revise the Estates Shopping Center Subdistrict in order to modify the
permitted land uses within the Subdistrict and to remove an existing conceptual plan from the
existing document, which is Ordinance 2011-29 and is included as Attachment A. Additionally, a
clear copy of the existing conceptual plan from that ordinance is included as Attachment B.
The intent is to shift or transfer a portion of the commercial square footage now approved for the
Estates Shopping Center project to the Immokalee Road — 4th Street Commercial Subdistrict
project. This request reduces the general commercial square footage from an existing 190,000 to
50,000 square feet.
The applicant proposes specific uses not included as part of the proposed commercial square
footage reduction to 50,000 square feet, which are listed:
• The principal uses are "exhibition operations, animal shelters, veterinary clinics, etc."
• The accessory uses are "dormitories, eating places, gift shops, maintenance buildings,
etc."
The additional square footage is proposed as animal sanctuary & zoological attractions known as
the Shy Wolf Sanctuary. There was no commercial analysis provided.
The uses and parcels are allocated as follows:
■ ±10-acre portion of the site at Wilson and Golden Gate Blvd remains commercial uses.
■ ±10-acre portion of the site at 1st St. NW is donated to Collier County for public uses.
■ ±14-acre portion of the site is Shy Wolf animal sanctuary and animal education uses,
including up to 50 residential dormitory units associated with the Shy Wolf animal shelters,
animal service centers, wildlife refuges and sanctuaries, zoological attractions veterinary
services and their accessory uses.
REQUESTED ACTION:
To amend an established Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural
Golden Gate Estates Sub -Element text, and Rural Golden Gate Estates Future Land Use Map
and Map Series of the Growth Management Plan (GMP) by:
1) Amending the Estates — Commercial District to revise existing provisions and decrease the
amount of general commercial square footage, and add new Subdistrict provisions, and,
2) Removing an existing Subdistrict Conceptual Plan from the Rural Golden Gate Estates Sub -
Element.
The Subdistrict language proposed by this amendment is found in Resolution Exhibit "A".
SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION:
Existing Conditions:
Subject Property: The subject property is zoned E, Estates district and partially developed — a
±41 acre parcel. The current Future Land Use designation is Estates — Mixed Use District, Estates
Shopping Center Subdistrict, that allows 190,000 square feet of general commercial land uses.
Surrounding Lands:
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CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 199
9.B.e
North: Immediately north of the subject property is zoned) are developed residentially. The Future
Land Use designation for these land areas to the north is the Residential Estates Subdistrict.
East: Immediately east of the subject property, across Wilson Blvd., is zoned Residential Estates,
developing with a large -lot residential community. The Future Land Use designation for these
land areas to the southeast, across the Golden Gate — Wilson intersection. Here lies the
Snowy Egret (commercial Plaza and the Wilson Blvd. Center.
South: Immediately south of the subject property, across Golden Gate Blvd., land is zoned E,
Estates. are developed residentially.
West: Immediately west of the subject property, across 3rd Street NW (a 2-lane undivided
roadway) properties are zoned E, Estates district, and developed residentially. Then further
west, land is zoned E, Estates, and contains parcels is land characterized by single-family
residences and residential lots. These E-zoned parcels are within the Golden Gate Estates
subdivision. The Future Land Use designation for these land areas to the west is the
Residential Estates Subdistrict.
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In summary, the current zoning, and existing and planned land uses, in the area immediately
surrounding the Subdistrict property are primarily suburban- and estate -type residences or
residential lots to the north and west, while potential and tentative commercial properties lie to the
east and south.
BACKGROUND, CONSIDERATIONS AND ANALYSIS:
This report addresses the minimum amount of [commercial] land needed to accommodate
anticipated growth based on projected permanent and seasonal population of the area. This is
accomplished through the analysis of the subject property and the surrounding area that includes
inventorying the supply of existing commercially -developed and potential commercially -
developable land, determining population growth, estimating the amount of commercial
development that population will demand, and determining whether the Rural Golden Gate
—3—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 200
9.B.e
Estates Sub -Element of the Golden Gate Area Master Plan (GGAMP) allocates a sufficient
amount of commercial land to accommodate growth.
Goal 3 directs the County "to provide for limited commercial services and conditional uses for
purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicular trips,
and preserving rural character." Objective 3.2 of the Rural Golden Gate Estates Sub -Element
further directs the County "to provide for new commercial development within Neighborhood
Centers and other Commercial Land Use Designations." These "other commercial land use
designations" are addressed in Policy 3.2.1, which identifies a Randall Blvd. and Oil Well Rd.
Corridor Study [2021]. This corridor study recognizes that future land uses be may be changed
to commercial designations in this area.
Commercial Analysis
The C-3, Commercial Intermediate, zoning district allows multi -family residential uses.
Commercial Development:
Characteristics of the area immediately surrounding the subject property reveal a trend toward
commercial development. Existing and planned land uses in the area are primarily suburban- and
estate -type residences or residential lots in all directions, or residential lots to the north and west,
while potential and tentative commercial properties lie to the east and south.
Sites generally located within the 15-minute drive -time market area currently provide more than
1.25 Million sq. ft. and 308 acres of commercial use opportunities in the [Urban Land Institute
(ULI)-defined] Neighborhood Center, Community Center, and Regional Center development
categories.
The amount of existing and zoned commercial space found within a 15-minute drive time
of the proposed Subdistrict exceeds these 1,253,993 sq. ft. on 308.71 acres, as revealed by
the market analysis evaluated below.
Generally, commercial development can be categorized as strip commercial, neighborhood
commercial, community commercial, regional commercial, and so forth, based upon shopping
center size, commercial uses, and population/area served. Based on specific studies and/or
demographic data for an area, such as population, income, household size, percentage of income
spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for
different commercial intensities for that geography by shopping center type. The petitioner
characterizes development proposed for this Subdistrict as a community shopping center. The
community shopping center is larger than a neighborhood center with neither a traditional
department store nor the trade area of a regional shopping center. The Environmental Systems
Research Institute (ESRI) calculates drive times and explains, in general, community centers
have a drive time [market] area of 10 to 20 minutes depending on the size [given 192,700 sq. ft.
average total floor space & 177,328 sq. ft. median floor space].
Petitioner's Retail Market Analysis:
The subject property is an existing Subdistrict allowing 190,000 sq. ft. of commercial uses. No
market analysis for the reduction in commercial square footage was prepared. No analysis was
prepared for proposed principal uses for exhibition operations, animal shelters, veterinary clinics,
—4—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 201
9.B.e
etc. And no analysis was provided for proposed accessory uses for "dormitories, eating places,
gift shops, maintenance buildings, etc. intended as animal sanctuary & zoological attractions.
ENVIRONMENTAL IMPACTS:
An Environmental Report, dated September 2019, prepared by Marco Espinar of Collier
Environmental Consultants, Inc. was submitted with this petition (Exhibit W.C"). Environmental
review specialists with Collier County's Development Review Division, Environmental Planning
Section reviewed these documents and provided the following comments:
FINDING: The proposed GMP amendment has no effect on the requirements of the
Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on site
will be retained in accordance with the requirements of CCME Policy 6.1.1 and section 3.05.07 of
the LDC.
Regarding Flood Zone Information for PL20190002353:
This planning project includes the following parcels, labeled 1 through 16 as indicated on following
Digital Flood Insurance Rate Map (DFIRM) snip.
Overall, these properties are indicated on the following Digital Flood Insurance Rate Map (DFIRM)
snip in flood zone AH with a base flood elevation (BFE) of 13' NAVD.
The yellow and purple areas marked X and X500 flood zones are not in the Special Flood Hazard
Area (SFHA). These flood zones are moderate to low risk and do not have assigned base flood
elevations (BFEs). The remaining beige areas are flood zone AH, are within the SFHA, and do
have BFEs.
The only case where the BFE is 13.5' NAVD is south of the blue contour line for the lots labeled
12, 11, 10, 8, 9, and 6.
These designations of BFE apply to structures built within these parcels. If a structure is entirely
within X or X500 flood zone, that is its flood zone and it has no BFE to be built according to. If a
structure is partially within X or X500 flood zone and partially within AH flood zone, its flood zone
is AH with its assigned BFE. If a structure touches a blue contour line, that line is BFE.
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CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 202
9.B.e
TRAFFIC CAPACITYITRAFFIC CIRCULATION IMPACT ANALYSIS, INCLUDING
TRANSPORTATION ELEMENT CONSISTENCY DETERMINATION:
JMB Transportation Engineering, Inc., submitted a Traffic Impact Statement, updated to 8/13/2020
(Exhibit ' V.EV).
The project's area of influence was determined to be Golden Gate Blvd., Wilson Blvd. and Collier
Boulevard. The analysis studied:
• Golden Gate Blvd.;
■ Collier Blvd. to Wilson.
■ Wilson to 18t" St.
■ 18t" St. to Everglades Blvd.
• Wilson Blvd., Immokalee Rd. to Golden Gate Blvd.
• Collier Blvd.;
■ Golden Gate Blvd. to Pine Ridge.
■ Pine Ridge to Green Blvd.
The proposed project's approved trip cap of 550 daily (2-way) PM Peak Hour gross new trips
routed. This trip cap was previously estimated on the lesser number of residential units and
residents, while the more -recent figures show these figures to be higher. In any combination of
uses, the approved trip cap of 410 daily (2-way) PM Peak Hour gross new trips must be the
maximum limiting factor for this Subdistrict.
PUBLIC FACILITIES IMPACTS:
Application materials submitted include a Public Facilities Analysis, updated to May 8, 2020
(Exhibit 'V.E"). No issues or concerns are identified regarding impacts on potable water,
wastewater management, solid waste, drainage, park and recreational facilities, schools, or EMS
and fire control services. But the Analysis is incomplete here, as it was prepared without the (up
to) fifty (50) residential dwelling units as dormitory units associated with the Shy Wolf operations
being considered; and without accounting for the potential aproximately160 residential units
allowed by C-3 zoning.
• Potable Water System: Public facilities are not available and development of the property
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will require (a) private potable water well(s).
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FINDING: Comprehensive Planning finds no adverse impacts to the potable water system.
• Wastewater Treatment System: The subject project currently lies outside the service area of
a wastewater reclamation facility and development of the property will require (a) private
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FINDING: Comprehensive Planning finds no adverse impacts to the wastewater collection
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and treatment system.
• Solid Waste Collection and Disposal: The solid waste disposal service provider is Collier
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County Solid Waste Management. The average daily disposal rate for the commercial project
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is estimated at 475 lbs. per day, with an estimated annual disposal of 86.7 tons. The AUIR
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recognizes that the County has approximately 42 years (2061) of remaining landfill capacity,
but will reach its additional permitted capacity by or before 2051.
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CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 203
9.B.e
FINDING: Comprehensive Planning finds no adverse impacts to the solid waste collection
and disposal system.
• Stormwater Management System: The AUIR does not identify any stormwater management
improvement projects in the vicinity of the subject property. Future development will comply
with the SFWMD and/or Collier County rules and regulations that assure controlled
accommodation of stormwater events by both on -site and off -site improvements.
FINDING: Comprehensive Planning finds no adverse impacts to the County's stormwater
management system.
• Park and Recreational Facilities: No effect on the demand for community and regional parks
is identified in this analysis of the proposed Subdistrict. Our analysis identifies only single-
family residential development of 17 units and ±40 residents. The multi -family residential
development allowed by C-3 zoning could represent aproximately160 residential units and
more than 380 residents.
FINDING: Comprehensive Planning finds no adverse impacts to the County's Parks and
Recreations system.
• Schools: The analysis identifies no demand for public school facilities resulting from the
proposed Subdistrict.
FINDING: Comprehensive Planning finds no adverse impacts to the County's school system.
• Fire & Rescue, Emergency Medical (EMS), and Sheriff's Services:
• Fire protection and response services are provided by the Greater Naples Fire & Rescue
District, with District Station 71.
• Emergency Medical services are provided by the Collier County Bureau of Emergency
Services, with EMS Station 71.
• Protection services are provided by the Collier County Sherriff's Office, with District 4
Substation.
FINDING: Comprehensive Planning finds no adverse impacts to the County's emergency
services.
NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS:
A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F was [duly
advertised, noticed and] held on Wednesday, December 09, 2020, 5:30 p.m. at North Collier
Regional Park, Conference Room A, 15000 Livingston Road, Naples . Approximately 20 people
attended in -person and 4 people via Zoom connections, other than the application team and
County staff attended — and heard the following information:
The agents representing this petition (Rich Yovanovich, D. Wayne Arnold) introduced other
members of the application team present. They also introduced staff Planner representing Collier
County— Corby Schmidt, AICP, Principal Planner and project coordinator for the GMP amendment
petition, Nancy Gundlach, AICP, Principal Planner and project coordinator for the PUD
amendment petition, and Anita Jenkins, Supervisor. Also present were, representatives from Shy
Wolf, who are involved in the Estates Shopping Center property.
—7—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 204
9.B.e
Mr. Yovanovich identified the two subject property's locations, one fronting on 4th Street NE, and
one at Golden Gate Boulevard and Wilson Boulevard N.
He described the proposed commercial development that includes (a gas station with fuel pumps,
which will necessitate five (5) deviations [in the companion PUD] of) 50,000 sq. ft. of C-4 intensity,
both by -right and conditional use commercial uses, multi -family residential uses, that the
Subdistrict would allow.
Neighbors voiced their concern over the proposed essential services personnel (ESP) housing —
and the intensity of 30 residential units on 10 acres. In the absence of the multi -family ESP
housing, provisions are included for single-family residences.
Many of those present agreed with the idea that westbound traffic on Golden Gate is already a
"nightmare" problem, and objected to locating multi -family housing near the Wilson Blvd.
intersection.
They asked the developers to consider alternatives, such as restricting or limiting commercial
development and commercial traffic on westerly portion of the property. Jim Banks,
Transportation Planner for the project team, indicated no other intersection along Golden Gate
will warrant another signal, and the commercial uses will need to be accommodated by other
methods.
Another speaker objected to the uses available on the 10 acre parcel.
County Board Commissioner Mc Daniels joined the group. Mr. Yovanovich reviewed the groups'
opposition to placing 30 essential services personnel housing on the 10 acre parcel.
The first Zoom caller was taken, asking about the 10 acres. Mr. Yovanovich clarified how there is
a property exchange agreement. The County will decide whether these acres become
government services, or a park or another use allowed.
The information meeting was completed by 6:20 p.m. The applicant transcribed the full
proceedings of this meeting, and that transcription, along with their PowerPoint presentation are
on record and included in the agenda materials.
[Synopsis prepared by C. Schmidt, AICP, Principal Planner]
FINDINGS AND CONCLUSIONS:
The reviews and analyses of this petition provide the following findings and conclusions:
• The 41-acre subject property is designated Estates Shopping Center Subdistrict and is
partially developed.
• The proposed commercial, public, civic, and institutional use project will generate additional
traffic. However, the removal of 140,000 square feet of commercial use will have a reduced
impact.
• 50 residential units are proposed to be allowed in dormitories, as accessory uses to the Shy
Wolf operations. The potential residential development allowed by C-3 zoning could district
represent approximately160 residential units.
• The general commercial square footage is decreased from an existing 190,000 to 50,000
square feet.
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CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 205
9.B.e
• In any combination of uses, the trip cap of 410 daily (2-way) PM Peak Hour gross new trips
must be the maximum limiting factor for this Subdistrict.
• The property, along with much of the surrounding area, is currently designated in the Rural
Golden Gate Estates Sub -Element for mixed, residential and commercial development, uses
and activities.
• The lower commercial intensity of 50,000 sq. ft. of overall commercial floor space has been
found to have supportable demand. The lack of specific square footage limits on animal
shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions,
veterinary services, and their accessory uses does not have the support of a commercial
analysis.
• Speakers present at the Neighborhood Information Meeting Neighbors voiced their concerns
over the proposed essential services personnel housing — and the intensity of 30 residential
units on 10 acres, and agreed with the idea that traffic on Golden Gate Parkway is already a
problem.
IDENTIFICATION AND ANALYSIS OF THE PERTINENT REQUIREMENTS FOR
COMPREHENSIVE PLANS AND PLAN AMENDMENTS ARE NOTED IN CHAPTER 163, F.S.,
SPECIFICALLY SECTIONS 163.3177(6)(A) 2. AND 8.:
Considerations required for the adoption of a comprehensive plan amendment are listed below.
2. The future land use plan and plan amendments shall be based upon surveys, studies, and
data regarding the area, as applicable, including:
a.
The amount of land required to accommodate anticipated growth.
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b.
The projected permanent and seasonal population of the area.
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c.
The character of undeveloped land.
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d.
The availability of water supplies, public facilities, and services.
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e.
The need for redevelopment, including the renewal of blighted areas and the elimination
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of nonconforming uses which are inconsistent with the character of the community.
f.
The compatibility of uses on lands adjacent to or closely proximate to military installations.
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g.
The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h.
The discouragement of urban sprawl.
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The need for job creation, capital investment, and economic development that will
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strengthen and diversify the community's economy.
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The need to modify land uses and development patterns within antiquated subdivisions.
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8. Future
land use map amendments shall be based upon the following analyses:
a.
An analysis of the availability of facilities and services.
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b.
An analysis of the suitability of the plan amendment for its proposed use considering the
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character of the undeveloped land, soils, topography, natural resources, and historic
resources on site.
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CPSS-2020-2 / PL20190002353
Amending
the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 206
9.B.e
c. An analysis of the minimum amount of land needed to achieve the goals and requirements
of this section.
It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to
address the statutory requirements for a Plan amendment, then present and defend, as
necessary, that data and analysis.
LEGAL CONSIDERATIONS:
A copy of this Staff Report was provided to the Office of the County Attorney and has been
approved as to form and legality. The criteria for growth management plan amendments and land
use map amendments are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 8., Florida
Statutes. This staff report was reviewed by the County Attorney's Office on March 26, 2021.
[HFAC]
STAFF RECOMMENDATION:
Staff recommends that the petitioner provide a detailed summary of the Shy Wolf facilities
and operations prior to the adoption hearing.
Staff further recommends that the County Planning Commission forward Petition CPSS-2020-
2 /PL20190002353, to the Board of County Commissioners with a recommendation to approve
for transmittal to the Florida Department of Economic Opportunity with the following modifications,
and for proper code language, format, clarity, etc. — as depicted below:
Note: Words underlined are added, words StFUGk through are deleted — as proposed by petitioner; words double underlined are
added, words are deleted — as proposed by staff. Italicized text within brackets is explanatory only — not to
be adopted.
1. ESTATES DESIGNATION [page 9]
*** *** *** *** *** Text break *** *** *** *** ***
B. Estates — Commercial District [page 161
*** *** *** *** *** Text break *** *** *** *** ***
[Beginning page 18]
2. Estates Shopping Center Subdistrict
Recognizing the need to provide for centrally located basic commercial goods and services and
public, civic, and institutional uses within a portion of Northern Golden Gate Estates, the Estates
Shopping Center Subdistrict has been designated on the Rural Golden Gate Estates Future Land
Use Map.
The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard
westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts
142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates,
totaling approximately 41 acres.
The Estates Shopping Center Subdistrict is intended to provide convenient shopping,
personal services and, employment and public, civic and institutional uses for theGa„tFa;
areas of N northern Golden Gate Estates. r,,.,,MeMial development in this SybdiGtFiGt Will
—10—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 207
9.B.e
All development in this Subdistrict shall comply with the following requirements and limitations:
a. Allowable Uses, as identified with a number from the Standard Industrial Classification
Manual, shall be limited to the following:
1. All Permitted and conditional uses of the C-1 through C-3 Zoning District
2. Public Parks
3. Animal shelters, animal services centers, wildlife refuges and sanctuaries, and zoological
attractions
4. Cultural, educational ecological or recreational facilities
5. Residential dwelling units not to exceed 50 units. Dormitory uses shall be permitted as an
accessory use to those uses listed by numbers 3 and 4, immediately above. and is not
subject to the dwelling unit limitation.
6. 8231 — Libraries
—11—
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Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
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9.B.e
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Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
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Packet Pg. 209
9.B.e
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Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
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9.B.e
—14—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 211
9.B.e
b. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Utility buildings (including water and wastewater plants) which shall be enclosed
—15—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 212
9.B.e
2. Essential service facilities
3. Gazebos, pavilions, statuary and other architectural features
4. Utilities, water and wastewater facilities and/or plants (all processing plants must be
enclosed)
5. Alcohol service for outdoor dining shall only be accessory to food service
The following uses, as identified with a number from the Standard Industrial Classification
Manual, shall be prohibited:
1. Amusement and recreation services, not elsewhere classified (Group 7999, except those
uses expressly listed above in a.1 are permitted)
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 — Radio, television, and publishers' advertising representatives
7331 — Direct mail advertising services
4. Correctional Institutions (Group 9223)
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 — Elementary and secondary schools
8221 — Colleges, universities, and professional schools
8222 — Junior colleges and technical institutes
7. Health services
Groups 8062 — General medical and surgical hospitals
8063 — Psychiatric hospitals
8069 — Specialty hospitals, except psychiatric
8. Miscellaneous Retail Groups
5921 — Liquor stores
5961 — Catalog and mail-order houses
5962 —Automatic merchandising machine operators
9. Personal services
Groups 7211 — Power Laundries, family and commercial
7261 — Funeral service and crematories
10. Social services
Groups 8322 — Individual and family social services, excluding adult day care centers
8361 — Residential care, including soup kitchens and homeless shelters
e.d. Retail and commercial development intensity shall be limited to 4-950,000 square feet of
gross leasable floor area. The limitation herein does not apply to animal shelters, animal
—16—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 213
9.B.e
service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services or
their accessory uses.
f. In any combination of uses, the trip cap of 550 daily (2-wavy) PM Peak Hour gross new
trips shall be the maximum limiting factor for this Subdistrict.
size.f. NO GOrnmeFGial use shall eXGeed fifteen thousand (15,000) square feet, eXGept for a single
gFOGery store use between twenty seven theySand (27,000) and sixty thousand (60,000)
square feet OR size, a SiRgle GOmmeFGmal use of up to thirty thousand (30,000) square feet
size, and a SiRgle GOITImerGial use of up to twenty thousand (20,000) square feet "R
buildi with inliRe stores.
related to area roadway iMPF9VeMeRtS shall be GeMpleted WithiR the speGified timeframes�
Re„,leyarrd ExpaRsien will be GIGRated to the GeuRty at Re nnct Within 120 days of a
W FitteR FegUeot from the i GURt y
2. The GWReF Will pay its fair share fer the ORteFSeGtien improvements at Wilsen Beulevard
than 400,000 Cryl ape feet of deVelep Me t The applicant must ebtain a G.O. fnr a
i.e. Rezoning is encouraged to be in the form of a Planned Unit Development (PUD), and the
rezone ordinance must contain development standards to ensure that all commercial land
uses will be compatible with neighboring residential uses.
j.f-. Development standards, including permitted uses and setbacks for principal buildings
shall be established at the time of PUD rezoning. Any future PUD rezone shall include at
a minimum:
Landscape buffers adjacent to external rights -of -way shall be a minimum 20-foot-wide
type D landscape buffer.:
1st/3rd Streets— Minimum 30' wide enhanced buffer
Wilson Boulevard — Minimum 25' wide enhanced buffer
E Golden Gate Boulevard — Minimum 50' wide enhanced buffer
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CPSS-2020-2 / PL2M90002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 214
9.B.e
PETITION No.: CPSS-2020-2 / PL20190002353
Staff Report for the April 15, 2021 CCPC meeting.
NOTE: This petition has been tentatively scheduled for the May 25, 2021, BCC meeting.
—18—
CPSS-2020-2 / PL20190002353
Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP)
Rural Golden Gate Estates Sub -Element
Packet Pg. 215
9.B.f
RESOLUTION NO. 21- 1 1 0
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE ESTATES SHOPPING CENTER
SUBDISTRICT OF THE ESTATES COMMERCIAL -
DISTRICT OF THE RURAL GOLDEN GATE ESTATES
SUB -ELEMENT OF THE GOLDEN GATE AREA MASTER
PLAN AND FUTURE LAND USE MAPS TO ADD
COMMERCIAL, PUBLIC, CIVIC AND INSTITUTIONAL
USES; ADD UP TO 50 RESIDENTIAL DWELLING UNITS;
REDUCE COMMERCIAL SQUARE FOOTAGE FROM
190,000 TO 50,000; REMOVE OUTDOOR MUSIC
PROHIBITION; REMOVE SINGLE COMMERCIAL USE
AND BUILDING SIZE LIMITATIONS; REDUCE
SETBACKS AND LANDSCAPE BUFFER WIDTHS; AND
REMOVE PHASING AND DEVELOPER COMMITMENTS;
AND FURTHERMORE DIRECTING TRANSMITTAL OF
THE AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY
IS 41f ACRES AND LOCATED AT THE NORTHWEST
QUADRANT OF GOLDEN GATE BOULEVARD AND
WILSON BOULEVARD, IN SECTION 4, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
[PL20190002353]
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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, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. and Richard
D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., requested an amendment to
amend the Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan and
Future Land Use Maps; and
[20-CMP-01078/ 1607186/ 1173
Estates Shopping Ctr / PL20190002353 Page 1 of 2
5/10/21 Words underlined are additions, words stfuc�s" = are deletions.
Packet Pg. 216
9.B.f
WHEREAS, on April 15, 2021, the Collier County Planning Commission considered the
proposed amendment to the Growth Management Plan pursuant to the authority granted to it by
Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
WHEREAS, on May 25, 2021, the Board of County Commissioners at a public hearing
approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier
County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
L � �
T S RESOLUTION ADOPTED after motion, second and majority vote this
day of Gs , 2021.
AT`I'ET:
CR TAB; k. KI"CLERK
A u5 t0Veputy Clerk
Approved as to form and legality:
A
Heidi sA hton-Cicko
Managing Assistant County Attorney
BOA O UNTY COM ISSIONERS
COLLI LINTY, FLO A
BY:
Penny Ta lor, Chairman
Attachment: Exhibit A — Proposed Text Amendment & Map Amendment
[20-CMP-0 1078/1607186/1]73
Estates Shopping Ctr / PL20190002353 Page 2 of 2
5/10/21 Words underlined are additions, words struck though are deletions.
Packet Pg. 217
Wednesday, May 5, 2021
PL201900023531CPSS-2020-2
EXHIBIT A
FUTURE LAND USE ELEMENT
1. ESTATES DESIGNATION [page 9]
*** *** *** *** *** Text break
B. Estates - Commercial District [page 16]
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[Beginning page 18)
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2. Estates Shopping Center Subdistrict
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Recognizing the need to provide for centrally located basic commercial goods and services and
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public, civic, and institutional uses within a portion of Northern Golden Gate Estates, the Estates
Shopping Center Subdistrict has been designated on the Rural Golden Gate Estates Future Land
Use Map.
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The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard
westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts
LO
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142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates,
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totaling approximately 41 acres.
The Estates Shopping Center Subdistrict is intended to provide convenient shopping, personal
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All development in this Subdistrict shall comply with the following requirements and limitations:
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1. All Permitted and conditional uses of the C-1 through C-3 Zoning District
2. Public Parks
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Page 1 of 14
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Page 2 of 14
Packet Pg. 219
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Page 6 of 14
Packet Pg. 223
9.B.f
Wednesday, May 5, 2021
PL 201900023531CPSS-2020-2
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the-presess-eutlined-iR4he.L-BG.
b. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Utility buildings (including water and wastewater plants) which shall be enclosed
2. Essential service facilities
3. Gazebos, pavilions, statuary and other architectural features
Words underlined are added; words struck -through are deleted.
Page 7 of 14
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Wednesday, May 5, 2021
PL201900023531CPSS-2020-2
4. Utilities, water and wastewater facilities and/or plants (all processing plants must
be enclosed)
5. Alcohol service for outdoor dining shall only be accessory to food service
s.—Oper-a*) Ral-Staadafds
4-8atdeeF musiG4s-prohibited
The following uses, as identified with a number from the Standard Industrial Classification
Manual, shall be prohibited:
1. Amusement and recreation services, not elsewhere classified (Group 7999, except
those uses expressly listed above in a.1 are permitted)
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 — Radio, television, and publishers' advertising representatives
7331 — Direct mail advertising services
4. Correctional Institutions (Group 9223)
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 — Elementary and secondary schools
8221 — Colleges, universities, and professional schools
8222 — Junior colleges and technical institutes
8231 — Libraries
7. Health services
Groups 8062 — General medical and surgical hospitals
8063 — Psychiatric hospitals
8069 — Specialty hospitals, except psychiatric
8. Miscellaneous Retail Groups
5921 — Liquor stores
5961 — Catalog and mail-order houses
5962 —Automatic merchandising machine operators
9. Personal services
Groups 7211 — Power Laundries, family and commercial
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Page 8 of 14
Packet Pg. 225
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9.B.f
Wednesday, May 5, 2021
PL 201900023531CPSS-2020-2
7261 - Funeral service and crematories
10. Social services
Groups 8322 - Individual and family social services, excluding adult day care
centers
8361 - Residential care, including soup kitchens and homeless shelters
e.d. DRetail and commercial development intensity shall be limited to 4-950,000 square feet of
gross leasable floor area. The limitation herein does not apply to animal shelters, animal service
centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services or their
accessory uses.
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6e4den-Gate-gGulevafd-w#h4n-S0-days-e# F,eanty-Feq uest-fer--%4rabafsement.
3. 4414he-4nteFsestien-4mpFovennents-at-Ge4den-Gate-439alevai:d-an4-VV46en-4ealevaFd-aFe
eeFnp4ete; the-GOURty-s#aA net 4s6ue-a-GeFtif! Gate (s)-of 8ssapansy fS8) #eF eFe tlaan�80;898
sgaafe-feet-e#-development: the appl4sant sl ebta4n a G:B-#era �FeoeFjF stele-as-paft e# this
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i.e. Rezoning is encouraged to be in the form of a Planned Unit Development (PUD), and the
rezone ordinance must contain development standards to ensure that all commercial land uses
will be compatible with neighboring residential uses.
This subdistrict includes a conceptual plan, which identifies the location of the permitted
development area and required preserve area for this subdistrict. The preserve area depicted on
the conceptual plan shall satisfy all comprehensive plan requirements for retained native
vegetation, including but not limited to the requirements of Policy 6.1.1 of the CCME. A more
detailed development plan must be developed and utilized for the required PUD rezoning.
j4-. Development standards, including permitted uses and setbacks for principal buildings shall
be established at the time of PUD rezoning. Any future PUD rezone shall include at a minimum:
1. Landscape buffers adjacent to external rights -of -way shall be a minimum 20-foot-wide
type D landscape buffer.=
Words underlined are added; words struck -through are deleted.
Page 9 of 14
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Wednesday, May 5, 2021
PL201900023531CPSS-2020-2
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EXHIBIT A PL20190002353/CP-2020-2
O/ 0 ESTATES SHOPPING CENTER SUBDISTRICT
COLLIER COUNTY, FLORIDA
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FILE ESTATES SHOPPING CENTER SUBDISTRICT ® CENTER SUBDISTRICT
LOCATION MAP DRAFT MAD
DATE OCT. 2020
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TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
Monday, April 19, 2021
LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County
of Collier, having conducted business herein, met on this date at 1:00 p.m., in SPECIAL SESSION
in Building "F" of the Government Complex, East Naples, Florida, with the following members
present:
ALSO PRESENT:
Raymond V. Bellows, Zoning Manager
Jeffrey Klatzkow, County Attorney
Karen Homiak, Acting Chairman
Karl Fry
Joe Schmitt
Paul Shea
Christopher T. Vernon (appearing remotely when indicated)
Tom Eastman, Collier County School Board Representative
ABSENT:
Edwin Fryer, Chairman
Robert L. Klucik, Jr.
Page 1 of 73
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April 19, 2021
9.B.g
MR. BELLOWS: -- and LDC amendments. That was used as the basis for LDC
amendments. So the plan is implemented through those amendments.
COMMISSIONER SCHMITT: The first real attempt to use that was to do some
redevelopment and restructuring of Naples Park. It was overwhelmingly turned down by the
community in Naples Park.
COMMISSIONER FRY: But, Joe, to play devil's advocate, Ave Maria is a much
different vision than these three villages.
COMMISSIONER SCHMITT: Correct.
COMMISSIONER FRY: And even backing into the town. And I think that what a lot of
people are lamenting, including myself, is what's missing is the identity, the sense of identity from
the communities that are suggested by terms like "village" and "town" and "hamlet."
COMMISSIONER SCHMITT: But when the Ave Maria came in, it was clearly defined
as a town, and the intent was to build a town in conjunction with the university.
MR. KLATZKOW: Yeah. But Ave Maria is a unicorn. It's not going to happen again.
COMMISSIONER SCHMITT: It's not going to happen again.
COMMISSIONER FRY: Never?
MR. KLATZKOW: Well, you had Mr. Monahan come in and fund a lot of that. It's a
university town. It's just -- it's an absolute unicorn. It's highly unlikely to ever happen again.
COMMISSIONER FRY: Well, but Rural Lands West was an attempt to do something
similar. I mean, it appeared similar, very diverse and interconnected and roads and walkways and
pathways and distributed village centers and town centers and things. It looked -- to me it looked
a lot more like an Ave Maria than what we ended up with.
CHAIRMAN HOMIAK: Okay. Let's get moving here.
***Okay. We're onto 9A2 and 9A3. We will be talking about them together, right, or
separate?
MR.ARNOLD: Would you --for the record, Wayne Arnold. They are separate items on
your agenda. There is a relationship because of some ownership interests. I think we'll try to
make presentation for each, and I'll probably just describe the overall relationship. I don't think,
hopefully, these are going to be very lengthy in discussion on either one.
CHAIRMAN HOMIAK: Okay. Because they're Growth Management Plan
amendments. This is first transmittal for both, right?
MR. YOVANOVICH: (Nods head.)
CHAIRMAN HOMIAK: Okay.
MR. ARNOLD: Thank you. Wayne Arnold representing the applicant.
Rich Yovanovich is our land -use counsel. We have Jim Banks in the room, who's our
traffic engineer. Marco Espinar is our environmental consultant. He couldn't be with us on the
continuation hearing date, nor could Mark Minor from our office, who's the professional engineer.
But I'm going to go through and make a short presentation. Karen, you may have been the
only Planning Commission member on the Planning Commission when this was originally
approved as the Estates shopping center.
CHAIRMAN HOMIAK: I would say so. It was -- Joe was working here then? No. I
don't know.
COMMISSIONER FRY: Joe was just a child then.
MR. ARNOLD: Joe was one of the staff members, I believe.
And this project is located at the corner of Wilson Boulevard and Golden Gate Boulevard.
It's undeveloped with the exception of single-family homes that have been built on it. This was
one of those projects that was highly controversial back in the day because of its size and scope,
and that went all the way to a ballot issue for the Golden Gate Estates folks to vote for this as to
whether or not they wanted it, and it was overwhelmingly -- at the end of the day, they wanted a
Page 64 of 73
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April 19, 2021
9.B.g
grocery -anchored shopping center.
But roll forward now, gosh, more than 10 years, and the same property owner is under
contract to purchase the county's 50-acre parcel at Randall Boulevard and Fourth Street and
Immokalee Road, which is your next item.
But this is fairly straightforward. This was approved for 190,000 square feet of
commercial space as part of the Comprehensive Plan amendment. What we're essentially doing is
saying, we want to reduce our commercial component to 50,000 square feet, that 140,000 that's left
over, we're going to shift that largely up to the Randall Boulevard property, and then we're making
room here for a 10-acre property that will be owned by Collier County Government as part of this
Estates shopping center property as well as another parcel that at the moment is destined to become
Shy Wolf Sanctuary. If for some reason that doesn't occur, we've made provisions for there to be
single-family residential just as if it were Estates residential zoned property.
So, I mean, in a nutshell, that's exactly what we're doing. We're asking for a change in use
as well to limit it to C-3 zoning rather than the very long, exhaustive list of uses that were approved
as part of your plan amendment previously.
Staff is supportive of the concept and is recommending transmittal, and we hope you will,
too. And Rich and I are here to answer any questions that you may have.
COMMISSIONER SCHMITT: I do recall this; very controversial at the time, yes.
MR.ARNOLD: I would go onto say that we held a joint neighborhood informational
meeting for both projects, and we did have a few people attend. But I think the sentiment is pretty
consistent that they would rather us put the larger -scale commercial out on Immokalee Road rather
than at this location. So the scale of commercial that you're getting is what was originally a
neighborhood center to begin with. And it seems like there's wide support from everybody we've
spoken to in the community for the change.
CHAIRMAN HOMIAK: Any questions?
COMMISSIONER SCHMITT: Didn't one of our planning commissioners have great
opposition to this at one time? This is a significant --
CHAIRMAN HOMIAK: Probably, yes.
COMMISSIONER SCHMITT: -- reduction. We won't bring up that.
MR. YOVANOVICH: The guy with the beard.
MR. ARNOLD: One of the things I would point out -- it's not on the table, and I don't
want to belabor the point -- but this was a conceptual plan that was approved with the original
subdistrict, and the new one's going to look a lot more simple. I've got to change the abbreviated
names. We originally started out by calling the westernmost parcel a semipublic use, which was
sort of the Shy Wolf parcel, if you will. The P in the middle was the public use that's destined to
be Collier County Government, and then the C on the hard corner of Wilson and Golden Gate is C.
I think we agreed that we'd be changing the semipublic to something civic or educational or
something like that. In our PUD it's just simply called out as Tracts 1, 2, and 3, and then we
describe what would be allowed in each of those tracts.
MR. YOVANOVICH: The only thing I would add, historically, where you see the C
now, that was always a neighborhood center, so commercial was allowed on that corner anyway
before we did the Comprehensive Plan amendment to allow the entirety of the 40 acres to be a
shopping center. So we're essentially going back to what was originally the intended commercial
under the Comprehensive Plan.
MR. ARNOLD: Thanks, Rich.
The other thing that was added here was specifically a library use. It wasn't one of the C-1
through C-3 uses. Staff was recommending the library use, and we have, obviously, no objection
to that.
COMMISSIONER FRY: Are we in a question -asking mode?
Page 65 of 73
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April 19, 2021
9.B.g
MR. ARNOLD: Sure, absolutely.
COMMISSIONER FRY: The 50 residential dwelling units, can you walk us through that.
MR. ARNOLD: I can. We've asked for 50 total units as part of the Comprehensive Plan.
When you see our Planned Unit Development come through, it's going to be most likely less than
that, so that number is one that may go down. We weren't clearly sure how some dormitory
housing that was associated with Shy Wolf and some of their educational aspects would be
counted. We also made provisions -- the county originally thought they might want to do some
essential service personnel housing on their tract. I think that's now no longer on the table.
And then there was also a provision that should none of this happen, we had always the
right to go back to the 18 or 20 platted Golden Gate Estate lots that are there. So that's kind of
how the residential component plays into this, Mr. Fry.
COMMISSIONER FRY: So they would go on the semipublic and public parcels?
MR. ARNOLD: Correct. And we made provisions for those to be in accordance with
Estates zoning standards.
COMMISSIONER FRY: So we would learn the details when the PUD comes through?
MR. ARNOLD: You absolutely will, yes, sir.
CHAIRMAN HOMIAK: Anybody else?
(No response.)
CHAIRMAN HOMIAK: No.
MR. ARNOLD: I don't know if there are any public speakers or anybody on Zoom or not.
We didn't have a lot of participation. As I said, I think most people --
CHAIRMAN HOMIAK: No public? No, no speakers.
MR. ARNOLD: Oh, I'm sorry, Anita; staff.
COMMISSIONER SCHMITT: Staff.
MS. JENKINS: Good evening. Anita Jenkins. I'm filling in for James Sabo.
I won't pull up our presentation. It's very similar to what you've seen from the applicant
here.
Staff has reviewed this application thoroughly. There are no adverse impacts to
infrastructure from the plan. We would note that the accessory uses for housing will be tied to
Shy Wolf, and we would expect to see that when it comes back, that those uses are accessory to
Shy Wolf use.
Also, there is a maximum daily trip cap of 410 p.m. peak -hour trips, unless that's changed.
MR. YOVANOVICH: Yeah. And, I'm sorry I didn't bring this up. We will agree to the
trip cap as part of the PUD. I've never seen it as part of a Growth Management Plan amendment.
So we did have an objection to including it in the Growth Management Plan amendment, the trip
cap. We will agree to a condition that there be a trip cap as part of the PUD but not the specific
number as part of the Growth Management Plan. It will be part of the PUD.
CHAIRMAN HOMIAK: Yeah. I don't really think it belongs in the Growth
Management Plan.
MS. JENKINS: Right. And we're fine with it when it comes back, that they include both
the accessory use of the residential to Shy Wolf and the trip cap when it comes back for adoption.
Again, this is transmittal, so you will see this come back as a Growth Management Plan
amendment for adoption as well as a Planned Unit Development.
CHAIRMAN HOMIAK: Okay. Thank you. Do you have -- anybody have any
questions?
COMMISSIONER SHEA: No.
COMMISSIONER SCHMITT: No.
CHAIRMAN HOMIAK: No? Okay.
MR. YOVANOVICH: That's it.
Page 66 of 73
Packet Pg. 235
April 19, 2021
9.B.g
CHAIRMAN HOMIAK: Anything else?
MR. YOVANOVICH: No rebuttal.
CHAIRMAN HOMIAK: Okay. We're looking for a motion then.
COMMISSIONER SCHMITT: I make a motion that we submit this petition for
transmittal and for review as proposed.
CHAIRMAN HOMIAK: Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN HOMIAK: Any discussion?
(No response.)
CHAIRMAN HOMIAK: All those in favor, signify by saying aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
COMMISSIONER VERNON: Aye.
CHAIRMAN HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
CHAIRMAN HOMIAK: I heard Chris say aye.
COMMISSIONER VERNON: Yes.
CHAIRMAN HOMIAK: Okay.
MR. ARNOLD: Thank you.
CHAIRMAN HOMIAK: ***So the next one, 9A3.
MR. ARNOLD: All right. So, again, Wayne Arnold, for the record, and here
representing the applicant.
We have the same applicant team, so I'm not going to belabor that. But I would let you
know that this is property that's currently owned by Collier County Government. It's a curved
property that's located between Fourth Avenue Northeast and Immokalee Road just north of
Randall Boulevard. The hard corner is currently used as a dry detention system for Immokalee
Road project.
As part of the contractual obligation, we'll be taking in that water management system and
expanding upon it for some future roadway improvements that are planned at Randall and
Immokalee Road, so that will be incorporated into our overall project.
But in this particular case, we've asked for -- just show you the relationships. It's about
3.2 miles from the Estates shopping center property. It's also within the drive time that Mr. Weyer
analyzed as part of the market -demand analysis. And as I mentioned, the 140,000 square feet
we're taking away, we're asking for a maximum of 150,000 square feet for this subject district as
well as up to 400 residential dwelling units.
So we're creating our new subdistrict that will identify that as a mixed -use project.
There's a companion mixed -use PUD that has been filed. It's winding its way through the process,
and they'll obviously come back together.
But we've asked for C-4 permitted and conditional uses. And I guess that's kind of deja
vu. I had the pleasure of representing the Collier family on the parcel immediately north. And
what they ultimately agreed to do, with your recommendation, was to come forward with C-3 plus
uses, if you will. And we've had that conversation with Ms. Jenkins that we'd like to be
transmitted with C-4 but acknowledging that our PUD as well as, if necessary, the subdistrict can
come back in maybe a revised form to limit some of those C-4 uses.
But one thing we did here -- it wasn't so much evident at the neighborhood meeting, but
our client and Rich and myself and others have talked to several of the community leaders in the
Estates, and to deliver some of the uses they want -- and we can't promise that we're going to have
a large-scale big box hardware store or a large-scale membership club/warehouse type facility, but
we can't get those if we're stuck with C-3 uses, and the community would really like to have those
Page 67 of 73
Packet Pg. 236
April 19, 2021
9.B.g
COMMISSIONER SCHMITT: Who said he could go?
MS. JENKINS: Jeff.
CHAIRMAN HOMIAK: Oh, bummer.
COMMISSIONER SCHMITT: Thank you.
CHAIRMAN HOMIAK: Okay.
COMMISSIONER FRY: Did you say Lee County? He's going to Lee County or another
county?
MS. JENKINS: Just another opportunity.
CHAIRMAN HOMIAK: Okay. That's it, then. With no further business, we are
adjourned.
There being no further business for the good of the County, the meeting was adjourned by order of the
Chair at 6:23 p.m.
.K��K�1�1�M1�'/�ll�l�il�[KK�J�h[f.X�[�]►1
KAREN HOM AK, ACTING CHAIRMAN
5/20/21
These minutes approved by the Board on , as presented if or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS,
COURT REPORTER AND NOTARY PUBLIC.
Page 73 of 73
Packet Pg. 237
9.B.h
Ron DeSands
G . "
The Honorable Penny Taylor
Chairman, Collier County
Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, Florida 34112
Dear Chairman Taylor:
E,i .
FLORIDA DEPARTMENT°!'
ECONOMIC OPPORTUNITY
July 6, 2021
Dane Eagle
SECRETARY
The Department of Economic Opportunity ("Department") has reviewed the proposed
comprehensive plan amendment for Collier County (Amendment No. 21-03ESR) received on June 7,
2021. The review was completed under the expedited state review process. We have no comment on
the proposed amendment.
The County should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the
comprehensive plan amendment. In addition, the County is reminded that:
• Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly
to the County. If the County receives reviewing agency comments and they are not resolved,
these comments could form the basis for a challenge to the amendment after adoption.
• The second public hearing, which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of agency
comments or the amendment shall be deemed withdrawn unless extended by agreement with
notice to the Department and any affected party that provided comment on the amendment
pursuant to Section 163.3184(3)(c)1., F.S.
• The adopted amendment must be rendered to the Department. Under Section
163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department
notifies the County that the amendment package is complete or, if challenged, until it is found
to be in compliance by the Department or the Administration Commission.
Flo; ida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
850.245.7105 1 www.FloridaJobs.oru
www.twifter.com/FLDEO lwww.facebook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with
disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via
the Florida Relay Service at 711.
Packet Pg. 238
9.B.h
The Honorable Penny Taylor, Chairman
July 6, 2021
Page 2 of 2
If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, by
telephone at (850) 717-8510 or by email at scott.rogers@deo.myflorida.com.
JDS/sr
Enclosure(s): Procedures for Adoption
Sinciely,
1
J mes D. Stansbury, Chief
Aureau of Community Planning and Growth
i
v
cc: James French, Deputy Department Head, Collier County Growth Management Department
James Sabo, Comprehensive Planning Manager, Collier County
Margaret Wuerstle, Executive Director, Southwest Florida Regional Planning Council
Packet Pg. 239
9.B.h
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Section 163.3184(3), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic
amendment submittal portal "Comprehensive Plan and Amendment Upload"
(https.Ilfloridaiobs.secure.force.com/cp/) or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Identify if concurrency has been rescinded and indicate for which public facilities.
(Transportation, schools, recreation and open space).
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
Revised: March 2021 Page 1
Packet Pg. 240
9.B.h
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendments, an adopted future land use map, in color
format, clearly depicting the parcel, its future land use designation, and its adopted designation.
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of the executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for expedited review:
"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 the amendment is 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."
List of additional changes made in the adopted amendment that the State Land Planning Agency
did not previously review;
List of findings of the local governing body, if any, that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
State Land Planning Agency in response to the comment letter from the State Land Planning Agency,
Revised: March 2021 Page 2
Packet Pg. 241
9.B.i
Cofer County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercountvfl.gov
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Hybrid Virtual Quasi -Judicial Public Hearing Waiver
For Petition Number(s):
Emergency/Executive Order 2020-04
Hearing of the Collier County Planning Commission
and Board of County Commissioners
PL20190002353 and PL20190002354
Richard D. Yovanovich as Successor Trustee
Regarding the above subject petition number(s), (Name of
Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the
Collier County Planning Commission and Board of County Commissioners, and waives the right to
contest any procedural irregularity due to the hybrid virtual nature of the public hearing.
Name:
Richard D. Yovanovich as Successor Trustee Date: August 17, 2021
r
Signature*: `i—{�✓t ,� `�..: !
❑✓ Applicant
❑ Legal Counsel to Applicant
* This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an
officer of the corporate entity) or the legal counsel to the Applicant.
Packet Pg. 242
9.B.k
From: MedinaJosephine
Sent: Tuesday, September 21, 2021 9:58 AM
To: LauraDeJohnVEN
Subject: Estates Shopping Center Public phone call
La u ra,
Spoke with Mr. Rutledge via telephone the evening of 09.20.2021 and asked me to provide his
information as being in favor of this petition.
William Rutledge
571 7t" Street SW
Naples, FL 34117
239-272-1613
Respectfully,
�"� Nedusa
Principal Planner
CO*le-r y
Zoning Division
2800 N. Horseshoe Dr.
Naples, FL 34104
Office: (239) 252-2306
Josephine. Medina @col liercountyfl.gov
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Packet Pg. 243
a0do:�
9.B.1
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by Collier County Board of County Commissioners
(BCC) on October 26, 2021, in the Board of County Commissioners Meeting Room; Third Floor, Collier Government
Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of two County Ordinances. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinances are as follows:
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 ESTATES SHOPPING
CENTER SUBDISTRICT OF THE ESTATES COMMERCIAL -DISTRICT OF THE RURAL GOLDEN GATE ESTATES SUB -
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AND FUTURE LAND USE MAPS TO ADD COMMERCIAL,
PUBLIC, CIVIC AND INSTITUTIONAL USES; OR, IN THE ALTERNATIVE TO SOME USES, DEVELOPMENT OF UP TO
12 SINGLE FAMILY RESIDENTIAL DWELLING UNITS; REDUCE COMMERCIAL SQUARE FOOTAGE', FROM 190,000
TO 50,000 EXCLUDING SOME USES FROM THE MAXIMUM SQUARE FOOTAGE LIMITATION; REMOVE OUTDOOR
MUSIC PROHIBITION; REMOVE SINGLE COMMERCIAL USE AND BUILDING' SIZE LIMITATIONS; REDUCE
SETBACKS AND LANDSCAPE BUFFER WIDTHS; AND REMOVE PHASING AND DEVELOPER COMMITMENTS; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 412 ACRES AND LOCATED AT THE NORTHWEST
QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SEC�ION 4, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002353]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA AMENDING
ORDINANCE NUMBER 2011-30, THE ESTATES SHOPPING CENTER COMMERCIAL LANNED UNIT DEVELOPMENT
(CPUO), AS AMENDED, BY ADDING COMMERCIAL, PUBLIC; CIVIC AND INST TUTIONAL USES; OR, IN THE
ALTERNATIVE TO SOME USES, DEVELOPMENT OF UP TO 12 SINGLE FAMILY RE SIDENTIAL DWELLING UNITS;
REDUCING COMMERCIAL SQUARE FOOTAGE FROM 150,000 TO 50,000 EXCLUDING SOME USES FROM THE
MAXIMUM SQUARE FOOTAGE LIMITATION; ADDING DORMITORIES AS AN ACCESSORY USE ON TRACT C;
REMOVING OUTDOOR MUSIC PROHIBITION; REMOVING SINGLE COMMERCIAL USE AND BUILDING SIZE
LIMITATIONS; REDUCING SETBACKS AND LANDSCAPE BUFFER WIDTHS; REMOVING PHASING AND DEVELOPER
COMMITMENTS; AND PROVIDING AN EFFECTIVE.DATE. THE SUBJECT PROPERTY IS 41m ACRES AND LOCATED
AT THE NORTHWEST QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002354]
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Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All
interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation.
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection
of any individual to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material
a minimum of 3 weeks prior to the respective public hearing. In anycase, written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the
opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely, should register any time after the agenda is posted on the County website which is 6
days before the meeting through the link provided on the front page of the County website at www.colliercountvfl.
gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting. For additional information about the meeting, please call Geoffrey Wiilig at 252-8369 or
email to Geoffrey.Wiliig0colliercountvfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiaml Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD, OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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