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Ordinance 2024-14 ORDINANCE NO. 2024- 14 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 AND FUTURE LAND USE MAP OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT BY CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM ESTATES MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO ESTATES- COMMERCIAL, GMA COMMERCIAL SUBDISTRICT TO ALLOW 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) AND INDOOR AIR- CONDITIONED MINI AND SELF-STORAGE (SIC 4225) USES, OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR-CONDITIONED MINI AND SELF- STORAGE. THE SUBJECT PROPERTY IS LOCATED SOUTH OF IMMOKALEE ROAD, APPROXIMATELY 773 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTING OF 9.84± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL202300024601 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, GM Advisors, LLC requested an amendment to the Rural Golden Gate Estates Sub-Element of Future Land Use Map of the Golden Gate Area Master Plan Element to create the GMA Commercial Subdistrict; and [23-CMP-01170/1843557/1]100 1 of 3 GMA Commercial Subdistrict SSGMPA PL20230002460 2/5/24 WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in a rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on February 1, 2024 considered the proposed amendment to the Growth Management Plan and recommended denial of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Rural Golden Gate Estates Sub-Element and Future Land Use Map of the Golden Gate Area Master Plan Element of the Growth Management Plan on March 26, 2024 ; 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 AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Rural Golden Gate Estates Sub-Element and Future Land Use Map of the Golden Gate Area Master Plan Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit"A" and incorporated herein by reference. 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 Board adoption. 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. [23-CMP-01170/1843557/1]100 2 of 3 GMA Commercial Subdistrict SSGMPA PL20230002460 2/5/24 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this a 1 j-141 day of Al co, c h , 2024. ATTEST:f_,};, - '._',,c- BOARD OF COUNTY COMMISSIONERS CRYSTAL;K. ►ZEL, CLERK COLLIER COUNTY, FLORIDA By: �... r By: 1A/4141411( ii ris Hall, Chairman Attest a :it Chairma44e Tu�' Clerk sig ,e only Approved as to form and legality: This ordinance filed with the %ropy of t 'sff}ce th / �•1--day ofArtie... , .24 ) /,. 6 H F7L and acknowledoernent sf that H idi As ton-Cicko 2-5-24 Of Min ret;ive this .�, day Managing Assistant County Attorney y M J Motet Moir Attachment: Exhibit A—Proposed Text Amendment &Map Amendment [23-CMP-01170/1843557/1]100 3 of 3 GMA Commercial Subdistrict SSGMPA PL20230002460 2/5/24 GOLDEN GATE AREA MASTER PLAN GOLDEN GATE AREA MASTERPLAN RURAL GOLDEN GATE ESTATES SUB-ELEMENT B. LAND USE DESIGNATION DESCRIPTION SECTION — 1. ESTATES DESIGNATION B. Estates—Commercial 3. Immokalee Road—Estates Commercial Subdistrict 4. GMA Commercial Subdistrict — B. LAND USE DESIGNATION DESCRIPTION SECTION 1. ESTATES DESIGNATION B. Estates—Commercial — 3. Immokalee Road—Estates Commercial Subdistrict 4. GMA Commercial Subdistrict The GMA Commercial Subdistrict is ±9.84 acres in size and located adjacent to and south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard. The subdistrict is comprised of the following properties: Tracts 35, 36, and 53, Golden Gate Estates,Unit 23. The Subdistrict has been designated on the Rural Golden Gate Estates Future Land Use Map and the GMA Commercial Subdistrict map. The intent of this subdistrict is to provide a variety of commercial uses and services to the area. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development(PUD). Page 1 of 3 b. Development shall be limited to a maximum intensity of 125,000 square feet of gross floor area (GFA) of Commercial Intermediate, C-3 zoning district uses, and Indoor Air- Conditioned Mini and Self-Storage (SIC 4225) of which self-storage will be limited to 80,000 square feet of GFA. c. The PUD must include development standards and perimeter buffering to ensure compatibility with adjacent lands, as follows: (1) North Perimeter Buffer-Adjacent to Immokalee Road: A 15'wide buffer,with two rows of trees spaced 30' on center, and a double hedge row consisting of shrubs 24" in height spaced 3' on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs and ground covers other than sod. (2) West Perimeter Buffer: A minimum 25-foot-wide native vegetation retention buffer area along the western perimeter. Retained native vegetation within this buffer may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within this buffer may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. No additional setbacks from this native vegetation buffer area shall be required. If, at the time of issuance of the first building permit for a commercial structure within this Subdistrict, the property to the west has been rezoned to allow for non-residential use, the 25-foot-wide native vegetation buffer area along the western perimeter may be reduced to a 10' Type A buffer. (3) South Perimeter Buffer: A minimum 50-foot-wide native vegetation retention buffer area along the southern perimeter shall be required. Up to 25% of the width of the buffer may be utilized for stormwater management. Retained native vegetation within this buffer may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within this buffer may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. No additional setbacks from these native vegetation buffer areas shall be required. (4) East Perimeter Buffer: A minimum 5-foot-wide Type A buffer shall be provided 58 feet from the eastern property line. d. The following uses shall be prohibited: 1. Educational plants and public schools; 2. Funeral services; Page 2 of 3 Exhibit A PL20230002460 3. Gasoline service stations; and 4. Group care facilities. C.List of Maps Immokalee Road—Estates Commercial Subdistrict GMA Commercial Subdistrict Page 3 of 5 Words underlined are added;words struck-through are deleted. 1/8/2024 Exhibit A PL20230002460 GMA COMMERCIAL SUBDISTRICT o o COLLIER COUNTY.FLORIDA w tO 25th AVE NE 25th AVE NE c v f � N � cv SUBJECT ,.. SITE 'rr Immokatee RD 011111111111, 03 _ ,ff 24tMr AVE NE 24th AVE PE ADOPTED-XXXX LEGEND (Ord.No.xxx) 00 600 k.-et - I ilkktaCammerciatSubdistnct Page 4 of 5 Words underlined are added;words struck-through are deleted. 1/8/2024 Exhibit A PL20230002460 EWB1f111IME SERICULTURE.mow GEAD•MOICR A"'"` OM"""""" """"" "�( RURAL GOLDEN GATE ESTATES i�R�4 ..R. i M1'' FUTURE LAND USE MAP In wENM aRamo Suject Site z LEE COLEULY ONE .._..._-. 5 _ \\ m' 1 r i _._ LE 1 , Ok 100,1 Ra1 T♦ i LA i Tr 1 RANDA(LaLVG A # 1 iMMOILAI EF NG 2 aa ` G m B y O II VANAERDIL' = --. r,t BEACMR . z Se GOLDEN GATE RL'fI ra11,i GOLDtN GATE DINO ❑ C O H / GREEN RLYD PN i O p F I 12 �1 U x ; \4 R JIO '"'••••0$1............. INTERSTATE 15 INTERSTATE 75 A DA»$at VD k �� saes I . %,", jet g MO ✓, y RATTLED Mu[F HAMMER RD ✓ 1 1 RURAL GOLDEN GATE i..' !DIME LAND USE MAP ANFNDED-APR11$7 M31 j (DN.No..11.1Y1 — +Wi wED-acioSER EL,SpL1 --.. ...-.. law R, AMENDED-0Ci0MEREU NV W.W EE11.13 AMENDED AI.19 M19 1 caw FEE<D11-LEI R AMENDED-kos% E. [tlM Nv n•si N o i 1... m 0 L _ 1 0 D.5 1 i 3 Miles i /:.,,, .. G. 1 - I01. I R26E I R27E I R2,L I [,LqE Page 5of5 Words underlined are added;words struck-through are deleted. 1/8/2024 0, till Si d,k es y , FLORIDA DEPARTMENT OfSTATE RON DESANTIS CORD BYRD Governor Secretary of State April 1, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-14, which was filed in this office on April 1, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270