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
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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.
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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
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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
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P L 20190002355/C P-20-1
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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.
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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
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B. LAND USE DESIGNATION DESCRIPTION SECTION [Page 9]
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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 .
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A. Estates — Mixed-Use District
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Words underlined are added;words struck through are deletions
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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
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ADOPTED-XXXX,XXXX 0 250 500 1,000 Feet LEGEND
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(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
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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. 2021-43, 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