Loading...
Ordinance 2021-43 ORDINANCE NO. 2021- 4 3 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 RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AND THE RURAL GOLDEN GATE ESTATES FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE IMMOKALEE ROAD/4TH STREET N.E. MIXED USE SUBDISTRICT BY CHANGING THE DESIGNATION OF THE PROPERTY FROM THE ESTATES-MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES- MIXED USE DISTRICT, IMMOKALEE ROAD/4TH STREET N.E. MIXED USE SUBDISTRICT, TO ALLOW USES PERMITTED BY RIGHT AND CONDITIONAL USE IN THE COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT AND SOME GENERAL COMMERCIAL (C-4) USES WITH A TOTAL MAXIMUM INTENSITY OF UP TO 150,000 SQUARE FEET OF GROSS FLOOR AREA OF DEVELOPMENT, AND A MAXIMUM OF 400 RESIDENTIAL DWELLING UNITS, EXCEPT PUBLIC USES ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATION; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 50.18± ACRES AND LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND 4TH STREET N.E. IN SECTION 22, TOWNSHIP 48 NORTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002355] 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 [20-CMP-01075/1673365/1]151 L Immokalee Rd Comm Ctr Words underlined are additions;Words ♦l« .,ghL are deletions. Page 1 of 3 PL20190002355 *** *** *** ***are a break in text 10/11/21 R WHEREAS, Richard D. Yovanovich as Successor Trustee of Land Trust Numbers 850.024 and 850.031 under the Land Trust Agreement dated December 1, 2005, Land Trust Number 850.045 under the Land Trust Agreement dated June 10, 2009, and the Golden Gate Boulevard West Trust, requested an amendment to the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and the Rural Golden Gate Estates Future Land Use Map and Map Series to add the Immokalee Road/4th Street N.E. Mixed Use Subdistrict; and 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 Map and Map Series to add the Immokalee Road/4th Street N.E. Mixed Use Subdistrict 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. [20-C I -01075/1673365/11151 g Immokalee Rd Comm Ctr Words underlined are additions;Wordsthrough are deletions. Page 2 of 3 PL20190002355 *** *** *** *** are a break in text 10/11/21 R SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. PASSED AND DULY ADOPTED b the Board of County Commissioners of Collier County, Florida this a(fr day of O CA 2021. ATTEST: '' . BOARD F COUNTY COMMISSIONERS CRYSTAL K. KINZEL,t,LERK COLLI TY, FLORI A BY: 86t as to Claire& ty 1 rk Pe Taylor, Chairman signature only.. Approved as to form and legality: j- ,,t4 Olt 74- eidi Ashton-Cicko �a Managing Assistant County Attorney Thig ordinance filed with the Attachment: Exhibit A—Text and Map Secretary of State's Office the -�__ day of r 2D21 end acknowledgemer qt that filing received this 3Yd y of 2( By /A . V wrxM or [20-CMP-01075/1673365/1]151 Immokalee Rd Comm Ctr Words underlined are additions;Words Gtruck through are deletions. Page 3 of 3 PL20190002355 *** *** *** ***are a break in text 10/11/21 R P L20190002355/C P-20-1 EXHIBIT A GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB-ELEMENT TABLE OF CONTENTS [Page iii] Page A. Goals, Objectives and Policies 1 B. Land Use Designation Description Section 9 1. ESTATES DESIGNATION 9 A. Estates — Commercial District 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades — Randall Subdistrict 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict *** *** *** *** *** *** ** TEXT BREAK *** *** *** *** *** * * C. List of maps 27 Rural Golden Gate Estates Future Land Use Map Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Neighborhood Center Golden Gate Boulevard/Everglades Boulevard Neighborhood Center Immokalee Road/Everglades Boulevard Neighborhood Center Randall Boulevard Commercial Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Everglades — Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Immokalee Road/4th Street N.E. Mixed Use Subdistrict Words underlined are added;words struck through are deletions 10/09/2021 Page 1 of 5 P L 20190002355/C P-20-1 *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** A. GOALS, OBJECTIVES AND POLICIES [Page 1] GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING AND TO BALANCE THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OBJECTIVE 1.1: Develop new or revised uses of land consistent with designations outlined on the Rural Golden Gate Estates Future Land Use Map and provisions found in the Land Use Designation Description Section of this Sub-Element. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Policy 1.1.4: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES — MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades — Randall Subdistrict 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** B. LAND USE DESIGNATION DESCRIPTION SECTION [Page 9] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 1. ESTATES DESIGNATION This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts in this Designation, except within the Immokalee Road/4th Street N.E. Mixed Use Subdistrict . *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** A. Estates — Mixed-Use District *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Words underlined are added;words struck through are deletions 10/09/2021 Page 2 of 5 P L20190002355/C P-20-1 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict [Page 16] This Subdistrict is 50.18± acres in size and is located on the northeast corner of Immokalee Road and 4th Street N.E. The Immokalee Road/4th Street N.E. Mixed Use Subdistrict is intended to provide a variety of commercial, office and residential land uses. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development(PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable uses shall be limited to those: 1. Use permitted by right and by conditional use in the C-3, Commercial Intermediate zoning district as listed in the Collier County Land Development Code, Ordinance No. 04-41; 2. Carwashes (SIC 7542); 3. Dental Laboratories (SIC 8072); 4. Food Stores, Miscellaneous (including convenience stores with fuel pumps, warehouse clubs and discount superstores) (SIC 5411, 5499); 5. General Merchandise Stores (including warehouse clubs and discount retail superstores) (SIC 5311-5399); 6. Lumber and Other Building Materials Dealers (including home improvement superstores) (SIC 5211); 7. Medical Laboratories (SIC 8071); 8. Membership Warehouse Clubs with Gas and Liquor; 9. Nursing and professional care facilities (SIC 8051, 8052, 8059); The rezone Ordinance shall limit these uses further to insure compatibility with surrounding properties. d. Development is limited to a maximum intensity of 150,000 square feet of gross floor area and a maximum of 400 residential dwelling units. Public uses and residential uses are not subject to the 150,000 square feet of gross commercial floor area limitation. e. In lieu of the preservation requirement in Policy 6.1.1 of the CCME, fifteen (15) percent of the on-site native vegetation shall be retained, which shall principally be located adjacent to 4th Street N.E. to serve as a preserve and buffer to nearby residences. The minimum preserve width adjacent to 4th Street N.E. shall be 75 feet for that portion of the subdistrict located north of the previously cleared portion of the site utilized for Collier County stormwater management. f. The water management system serving development within the subdistrict shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the subdistrict. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). Words underlined are added;words str-ia.e14-throug4h are deletions 10/09/2021 Page 3 of 5 EXHIBIT A PL20190002355/CP-20-1 Q/� 0 IMMOKALEE ROAD -4TH STREET SUBDISTRICT COLLIER COUNTY,FLORIDA I *V . e ‘ $*A SUBJECT ` �� SITE ■ • • I or/ 1116 ir0 4 N _ ,? " imulallilit tar; iI1'ii'p m////` I Ell I A •Nei 1 li 1*4;0 4:1 OP 111111:11111Alifitit,Miliiral illiiii 11 11 ADOPTED-XXXX,XXXX 0 250 500 1,000 Feet LEGEND l I I I I I I (Ord. No.)XXX-X) PREPARED BY.BETH YANG,AICP IMMOKALEE ROAD-4TH GROWTH MANAGEMENT DEPT i/ STREET SUBDISTRICT FILE:IMMOKALEE RD COMMERCIAL CENTER SUBDISTRICT LOCATION MAP DRAFT.MXD DATE:JUNE 2020 10/09/2021 Page 4 of 5 EXHIBIT"A" PETITION PL20190002355/CP-20-1 ESTATES DESIGNATION AGRICULTURAL/RURAL DESIGNATION MIXED USE DISTRICT ®RI.S.N. D O P...Ea.,SUEdinnn mem Iix nncl Cclwnanel Uses Suedbma OVERLAYS AND SPECIAL FEATURES �( RURAL GOLDEN GATE ESTATES aR.p: mxdC.m"'''nnm ®R.Z.m°4..Curg. le. a •I le wle� �� FUTURE LAND USE MAP =E .R.nd.II=ub.l . COMMERCIAL DISTRICT -Randall Boulevard Comm.mel Snl...CLl U) I. =E.I.w Snow,Cxl.r awema IMMOKALEE RD / r NOM uwere`oW,rReur,iaoo04aoarac, s.oa.KI.s..erN.owroSsKIRa Rw. w �ca lea ea.an. aacn a., oa. \ Immokalee Road-4th Street Subdistrict z p - - 3 m w 5 r > ` w \\ • OIL WELL RD 7 CO p CO v m� r RAND*BLVD e 9 IMMOKALEE RD z Ic z j N m \ 3 0 w . p VANDERBILT VANDERBILT - 1 BEACH RD BEACH RD 1 W m z 0 -73 00 GOLDEN GATE BLVD r'--} GOLDEN GATE BLVD 0 m J O K S V PINE RIDGE RD -- — m a) K / GREEN BLVD m Z m 0 w m I- Ur a O z it m� >i o _ GG.PKWY ii w Q m R4DIQ.6D INTERSTATE 75 INTERSTATE 75 ;//,',, DAVIS BLVD N Ts''' jS.R.84 z m 7, 7/jj HP MMOCK RD jCO F r r7 9y /F RURAL GOLDEN GATE FUTUR ADOPTED ESE ND USE N PTEMBER32019 AMENDED-XXXX,XXXX j co i. j r 0 0.5 1 O2 3 A: '/ Mlles MAW°WI sem MHO CP A a • Inereb.RaCam i 1 R 26 E R 27 R 28 E R 29 E Ll Page 5 of 5 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. 2021-43, 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