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Ordinance 2024-37 ORDINANCE NO. 2024- 37 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 ELEMENT TO REVISE THE IMMOKALEE ROAD —ESTATES COMMERCIAL SUBDISTRICT TO INCREASE THE MAXIMUM COMMERCIAL GROSS FLOOR AREA FROM 100,000 TO 130,000 SQUARE FEET WITH NO CHANGE TO THE INDOOR SELF-STORAGE FLOOR AREA AND TO ADD INDOOR GOLF CART RETAIL SALES AS A PERMITTED USE; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 21.82± ACRES IS LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. [PL20230018187] 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, BCHD Partners I, LLC, requested an amendment to the Rural Golden Gate Estates Sub-element of the Golden Gate Area Master Plan Element to revise the Immokalee Road- Estates Commercial Subdistrict; and 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 an area of critical state concern or a rural area of opportunity; and [24-CMP-01220/1871578/1142 1 of 3 Immokalee Road-Estates Commercial Subdistrict PL20230018187 6-10-24 WHEREAS, the Collier County Planning Commission (CCPC) on August 15, 2024 considered the proposed amendment to the Growth Management Plan and recommended approval 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 of the Golden Gate Area Master Plan Element of the Growth Management Plan on September 24, 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 of the Golden Gate Area Master Plan Element, in accordance with Section 163.3184, Florida Statutes. The text and map amendment are attached hereto as Exhibit "A"and incorporated herein by reference. SECTION TWO: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE The Board of County Commissioners directs transmittal of the adopted amendment to the Florida Department of Commerce. SECTION THREE: 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 FOUR: EFFECTIVE DATE. The effective date of this plan amendment,if the amendment is not timely challenged, shall be 31 days after Board approval. 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 before it has become effective. [24-CMP-01220/1871578/1142 2 of 3 Immokalee Road-Estates Commercial Subdistrict PL20230018187 6-10-24 PASSED AND DULY ADOPT D by the Board of County Commissioners of Collier County, Florida this day of 024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINAt2,0 CLERK COLLIER C TY, FLORIDA By: By: eputy-Clerk ris Hall, Chairman Attest, s.to,Chairman's Si9aattlre-'only This nrdinrnce fired c ti�a !NM is trry of Scte 's the Approved as to form and legality: and °tN"O°b' �."" r= t t ir:,f filin re'eivU' ti-�is day of ;, i • rr c:::trir eidi Ashton-Cicko, 6-10-24 Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment [24-CMP-01220/1871578/1]42 3 of 3 Immokalee Road-Estates Commercial Subdistrict PL20230018187 6-10-24 June 10, 2024 PL20220018187 EXHIBIT A GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB-ELEMENT *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 1. ESTATES DESIGNATION *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** B. Estates —Commercial District *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 3. IMMOKALEE ROAD-ESTATES COMMERCIAL SUBDISTRICT [Page 22] This Subdistrict is approximately± 21.82 acres in size and is located on the west side of Immokalee Road, north of Randall Boulevard and south of Oil Well Road, as depicted on the Immokalee Road — Estates Commercial Subdistrict Map. The purpose of this Subdistrict is to provide a variety of commercial land uses. Development within the Subdistrict shall be subject to the following: a. All development within this Subdistrict shall be rezoned to a Planned Unit Development(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. Uses permitted by right and by conditional use in the C-3, Commercial Intermediate zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41. 2. Motor freight transportation and warehousing (SIC 4225, air-conditioned mini- and self-storage warehousing only); 3. Carwashes provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this code, SIC 7542; 4. Medical and dental laboratories, SIC 8071, 8072; 5. Nursing and professional care facilities, SIC 8051, 8052, 8059. The rezone Ordinance shall limit these uses further to insure compatibility with surrounding properties. 6. Golf carts retail sales (indoor only). d. Development is limited to a maximum intensity of 100,000 130,000 square feet of gross floor area and 130,000 square feet of indoor self-storage floor Page 1 of 2 Words underlined are added;words struck through are deletions June 10, 2024 PL20220018187 area. e. The westerly portion of this subdistrict (a.k.a. north 180 ft. of Tract 116, GGE Unit 22), which is the single western parcel immediately abutting 4th Street NE (the"Western Parcel"), shall be utilized for native preservation, stormwater management or buffer areas only. It shall not be utilized for any type of access from 4th St. NE to/from the commercial uses within the CPUD; however, the adjacent single-family homeowner to the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) may establish a driveway for the sole benefit and exclusive use of that homeowner's residential property. f. Interconnection shall be provided with properties fronting Immokalee Road located immediately to the north and south. Page 2 of 2 Words underlined are added;words struck through are deletions RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 October 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. 2024-37, which was filed in this office on September 30, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL