Ordinance 2021-41 ORDINANCE NO. 2021- 41
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 41±
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
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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 October 26, 2021; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Rural Golden Gate Estates Sub-Element of the Golden Gate Area
Master Plan and 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 _
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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 y the Board of County Commissioners of Collier
County, Florida this 240r`day of 0 ( C 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.-KINZEL, CLERK COLLIER Y, FLORIDA
r).7CCIti,U
BY:
De uty Penny T lor, Chairman
Attest ae to Chairman
signature only.
Approved as to form and legality:
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Text and Map
This ordinance filed with the
Secretory of•�tate's Offi a the
fir- day of NeXr�l 2J
and acknowledgement of that
fib g received this 3rel day,
of JII,. 02
By I. i1P' 7 �� ►i���
[20-CMP-01078/1673275/11191
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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 *** *** ** *** *** ***
1. ESTATES DESIGNATION
*** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** ***
B. Estates — Commercial District [Page 16]
*** *** ** *** *** *** *** TEXT BREAK
2. Estates Shopping Center Subdistrict [Page 18]
Recognizing the need to provide for centrally located basic commercial goods and services and
public, civic and institutional uses within a portion 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 the centrai areas of Northern
Golden Gate Estates. reduce driving distances
for „,a siden+ a list ;n minimizing the r„ad notwork roquirod, and reduce traffic impacts in
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. Not for profit 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.
Words underlined are added;words struck through are deletions
10/08/2021 1 Page 1 of 13
PL20190002353/CP-2020-2
1. Amusement and recreation
Groups 7911 Dance studios, schools and halls, excluding discotheques
7991 Physical fitness facilities
7999 Amusement and recreation services, not elsewhere classified,
2. Apparel and accesJory stores (no adult oriented sales)
Groups 5611 Men's and boys' clothing and accessory Mores
5621 Women's clothing stores
5632 Women's accessory and specialty stores
5641 Children's and infants' w ar stores
5651 Family clothing stores
5661 Shoc stores
5699 Mic ellanoo, s a el and a essory stores
ay..
3 A tomoti d In nd a li ice stations
o�ucvmv Fc-ve��ci�--arrv--gvav^�dTcc�-currvr r�r
Croups 5531 Auto and home supply stores
. Automotive repair, 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 d alers
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
7312 Disinfecting and pest control services
7352 Medical equipment rental and leasing
7359 Equipment rental and losing, not elsewhere classified,
excluding the following uses: airplane rental and leasing; coin
operated machine rental and losing; industrial truck rental and
losing; oil field equipment rental and losing; oil well drilling
equipment rental; I asing; toilets, portable rental and losing;
and vending machines rental only
7371 Computer programming services
7372 Prepackaged software
7373 Computer integrated systems design
7371 Computer procc"sing and data preparation and processing
services
7375 Information retrieval services
7376 Computer facilities management services
7379 Computer related services, not elsewhere classified
Words underlined are added;words struck through are deletions
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P L20190002353/C P-2020-2
7382 Security systems services
7383 News syndicates
7384 Photofinishing laboratories
7389 Business services, not elsewhere classified
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
equipment storage)
Groups 1711 Plumbing, heating and air conditioning
1721 Painting and paper hanging industry
1731 Electrical work industry
1741 Masonry, stone setting, and other stone work
1 ^ mastering, drywall, acoustical, and insulation work
1743 Terrazzo, tile, marble, and mosaic work industry
1751 Carpentry work
1752 Floor laying and other floor work, not elsewhere classified
industry
1761 Roofing, siding, and sheet metal work industry
1771 Concrete work industry
1781 Water well drilling industry
1791 Structural steel erection
1793 Glass and glazing work
1794 Excavation work
1795 Wrecking and demolition work
1796 Installation or erection of building equipment, not elsewhere
1799 Special trade contractors, not elsewhere classified
9. Depository institutions
Croups 6021 National commercial banks
6022 State commercial banks
6029 Commercial banks, not elsewhere classified
6035 Savings institutions, federally chartered
6036 Savings Institutions, not federally chartered
6061 Credit unions, federally chartered
6062 C edit u nions of federally chartered
vv'v�vr'i .Trnrvrrca cruiry-ci i�cn cci ca
6091 Non deposit trust facilities
60-99--F-Einetions-Fe4ated-te-depesiteFy-banki-RgT-net-el-sewhare
classified
to the restaurant use, no outdoor music or televisions, and no windows or walls
open to the outside, except as required by code)
Groups 8711 Engineering services
8712 Architectural services
8713 S ryeying cervices
Words underlined are added;words struck through are deletions
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PL20190002353/CP-2020-2
8721 Accounting, auditing, and bookkeeping services
8741 Management services
8742 Management consulting services
87113 Public relations services
8748 Business consulting services, not elsewhere classified
12. Executive, legislative, and general government, exceptfinance
Groups 9111 Executive offices
9121 Legislative bodies
9131 Executive and legislative offices combined
9199 Ccncral government, not elsewhere classified
13. Food stores
CFFetips- 54-1-1—Grocery stores (minimum 27,000 square feet)
5421 Meat and fish (seafood) markets, including freezer
provisioners
5431 Fruit and vegetable markets
and confectionery stores
5451 Dairy products stores
5461 Retail bakeries
5499 Miscellaneous food stores, including convenience stores with
fuel pumps and carwash
andise stores
Croups 5311 Department stores
5331 Variety stores
5399 Miscellaneous general merchandise stores
15. Home furniture, furnishings, and equipment stores
Croups 5712 Furniture stores
5713 Floor covering stores
579 it Drapery e u rtain and upholstery stores
5719 Miscellaneous home furnishings stores
5722 Household appliance stores
5731 Radio, television, and consumer electronics stores
5734 Computer and computer software stores
5735 Record and prerecorded tape stores (no adult oriented sales)
5736 Musical instrument store
16. Insurance carriers
Groups 6311 Life insurance
6321 Accident and health insurance
6324 Hospital and medical service plans
6331 Fire, marine, and casualty insurance
6351 Surety insurance
6361 Title insurance
6371 Pension, health and welfare funds
6399 Insurance carriers, not elsewhere classified
6411 Insurance agents
17. Justice, public order and safety
Words underlined are added;words struck through are deletions
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PL20190002353/CP-2020-2
Groups 9221 Police protection
9222 Legal counsel and prosecution
9229 Public order and safety, not elsewhere classified
18. Meeting and banquet rooms
19. Miscellaneous retail (no adult oriented sales)
Groups 5912 Drug stores and proprietary stores
5921 Liquor stores (accessory to grocery or pharmacy only)
5932 Used merchandise stores
5941 Sporting goods stores and bicycle shops
5942 Book stores
5943 Stationery stores
5944 Jewelry stores, including repair
5945 Hobby, toy, and game shops
5946 Camera and photographic supply stores
5948 Luggage and I other goods stores
5949 Sewing, needlework, and piece goods stores
5992 Florists
5993 Tobacco stores and stands
5994 News dealers and newsstands
5995 Optical goods stores
5999 M' n II tail storeP et elsewhere classified(excluding
gravestone, tombstones, auction rooms, monuments,
swimming pools, and sales barns)
20. Non depository credit institutions
Croups 6111 Federal and federally sponsored credit agencies
6141 Personal credit institutions
61 53 Sh rt term hi .. ess credit instit tionc vent agric lt oral
6159 Miscellaneous busines., credit institutions
6162 Mortgage bankers and loan correspondents
6163 Loan brokers
21. Offices and clinics of dentist (Group 8021)
22. Personal services
Groups 7212 Garment pressing, and agents for laundries and drycleaners
7221 Photographic studios, portrait
7231 Beauty shops
7241 Barber shops
7251 Shoe repair shops and shoeshine parlors
7291 Tax return preparation services
7299 Miscellaneous personal services, not elsewhere cla"cificd,
23. Public finance, taxation, and monetary policy (Group 9311)
24. Real Estate
Croups 6512 Operators of nonresidential buildings
6513 Operators of apartment buildings
Words underlined are added;words struck through are deletions
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PL20190002353/CP-2020-2
6515 Operators of residential mobile home sites
6517 Lessors of railroad property
6519 Lessors of real property, not elsewhere classified
6531 Deal estate agents nd agers
6541 Title abstract offices
6552 I and subdivirders an deveopers ries
vvv d l
, "xc ept cemete
25. Schools and educational services, not elsewhere classified (Group 8299)
26. Security and commodity brokers, dealers, exchanges, and
services
Croups 6211 Security brokers, dealers, and flotation companies
6221 Commodity contracts brokers and dealers
6231 Security and commodity exchanges
6282 Investment advice
6-289 Services allied with the exchange of secs irities er
commodities, not elsewhere classified
27. Social services
only)
8351 Child day care services
28. Travel agencies (Group 4724)
29. Veterinary services for animal specialties (Group 0742, excluding outside
kenneling)
31. United states postal service (Group 4311, excluding major distribution centers)
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")
by the process outlined in the LDC.
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.
c. Operational Standards
1. Outdoor music is prohibited
The following uses, as identified with a number from the Standard Industrial
Classification Manual, shall be prohibited:
Words underlined are added;words struck through are deletions
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PL20190002353/CP-2020-2
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. DRetail 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.
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 (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.
anchored building with inlinc stores.
Words underlined are added;words struck through are deletions
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P L20190002353/C P-2020-2
commitments related to ar a roadway improvements shall be completed
within the specified timcframcs:
1. Right of Way for Golden Gate Boulevard Expansion and Right of Way for
the Wilson Boulevard Expansion will be donated to the County at no cost
within 120 days of a written request from the County.
2. The owner will pay its fair share for the intersection improvements at Wilson
Boulevard and Golden Gate Boulevard within 90 days of County request for
reimbursement.
3. Until the intersection improvements at Golden Gate Boulevard and Wilson
Boulevard arc complete, the County shall not issue a Certificates) of
Occupancy (CO) for more than 100,000 square feet of development. The
applicant must obtain a C.O. for a grocery store as part of this 100,000
sq o foot nd thr, rocery stnr� st be the first (` n obtained.
,
ie. 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 COME. A more detailed development plan must
be developed and utilized for the required PUD rezoning.
A. 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. 1st Streets Minimum 30' wide enhanced buffer
b. Wilson Boulevard Minimum 25' wide enhanced buffer
c. Golden Gate Boulevard Minimum 50' wide enhanced buffer
2. Except 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
along the developed area shall be a landscape buffer. A minimum of fifty(50)
foot f t o bu-ffer of retained or rc planted native
County Land Development Code(LDC). The native vegetation retention area
Words underlined are added;words struck through are deletions
10/08/2021 Page 8 of 13
P L20190002353/C P-2020-2
deter ion.Any -newly—Een-structed h—mshall be rovogetated t
subsection 3.05.07.H of the LDC (native vegetation replanting
requirements). Additionally, in order to be considered for approval, use of the
native vegetation retention area for water management purposes shall meet
the following criteria:
a hall h a advorso i ants to the native vonototion'being
retained. The additional water directed to this area shall not incr ace
the annual hydro period unless it is proven that such would have no
adverse impact to the existing vegetation.
b. If the project requires permitting 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
th ll nt have to be emoved to comply with water
���ter�tien-area �r--n-rvvca�m�.„�� .....
a letter, then the native vegetation 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 nececcary
to facilitate the ne
area.
Words underlined are added;words struck through are deletions
10/08/2021 Page 9 of 13
, EXHIBIT A PL20190002353/CP-2020-2
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LOCATION MAP DRAFT MOD i
DATE OCT.2020
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EXHIBIT"A" PETITION PL20190002353/CP-2020-2
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
November 3, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-41, which was filed in this office on November 3,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270