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Ordinance 2023-30 ORDINANCE NO. 2023- 3 0 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 AND RURAL GOLDEN GATE ESTATES FUTURE LAND USE MAP AND MAP SERIES TO REVISE THE IMMOKALEE ROAD — ESTATES COMMERCIAL SUBDISTRICT TO ADD 2.69± ACRES TO THE SUBDISTRICT; TO ALLOW 130,000 SQUARE FEET OF GROSS FLOOR AREA OF INDOOR SELF STORAGE; AND TO REDUCE COMMERCIAL USES FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET OF GROSS FLOOR AREA ON PROPERTY CONSISTING OF 21.82± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY 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. [PL20220003426] 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 and Urban Golden Gate Estates Future Land Use Map and Map Series 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 [22-CMP-0 1 1 3 5/1 7905 60/1]89 I of 3 Immokalee Road-Estates Commercial Subdistrict 5-8-23 WHEREAS, the Collier County Planning Commission (CCPC) on May 4, 2023 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 and Urban Golden Gate Estates Future Land Use Map and Map Series of the Growth Management Plan on June 13, 2023; 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 and Urban Golden Gate Estates Future Land Use Map and Map,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: 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 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. [22-CMP-01135/1790560/1]89 2 of 3 Immokalee Road-Estates Commercial Subdistrict 5-8-23 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 134, day of jU Q , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Clerk Rick LoCastro, Chairman Attest as to Chairman's signature only This ordinance filed with the Secretary of St te's Office tt� Ji_day of and acknowledgement of that filin received this ?O , day Approved as to form and legality: of 44,4 C�ti3 By n� ca►r Heidi Ashton-Cicko, 4� Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment • [22-CMP-01135/1790560/1]89 3 of 3 Immokalee Road-Estates Commercial Subdistrict 5-8-23 May 8, 2023 PL20220003426 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 19.13± 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. d. Development is limited to a maximum intensity of 200,000 100,000 square feet of gross floor area and 130,000 square feet of indoor self-storage floor area. Page 1 of 4 Words underlined are added; words struck through are deletions May 8, 2023 PL20220003426 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. g. The Type B Landscape Buffer along a portion of the western property line shown on the PUD Master Plan shall be enhanced in accordance with the CPUD provisions. Page 2 of 4 Words underlined are added; words struck through are deletions May 8, 2023 PL20220003426 EXHIBIT'A' PETITION PL2D220003426 ESTATES DESIGNATION uu L=7 v.�n.,........u.,,. M '� RURAL GOLDEN GATE ESTATES � FUTURE LAND USE MAP v IMMOKALEE RD / / d Immokalee Road-Estates Commercial Subdistrict \ OIL WELL RD v Q 5. m� H RANDALL BLVD it IMMOKALEE RD o \ \ W VANDERBILT VANDERBILT Q O — BEACH RD BEACH RDm{{ GOLDEN GATE BLVD GOLDEN GATE BLVD 0 D PINE RODE R13,0, o CA / GREEN BLVD ., m o I- 4 O 0 G G.PKWY / RADIO RD INTERSTATE 75 INTERSTATE 75 DAVIS BLVD j,, %� / S R.84 & 9 RATTLESNAKE HAMMOCK RD //i �/ '/ I H k r 70 // / j RURAL GOLDEN GATE / / / FUTURE LAND USE MAP , % / u•eEMBER 24 IOU j %xxx xx%x / /j g j W '/ 0) o m u j 1- O 0 0 0.5 1 2 3 'j,, TTTTTT. Miles _,_ j;�a 3 I R26E R27E 1 R28E R29E Page 3 of 4 Words underlined are added; words struck through are deletions May 8, 2023 PL20220003426 DRAFT EXHIBIT A PL20220003426 IMMOKALEE ROAD-ESTATES COMMERCIAL SUBDISTRICT COLLIER COUNTY,FLORIDA O We , r ve DR n tit „ - -- r : '' Adike!.:i' VN. 4P',, z Z .0 .c 4 Zti A* 0 4. 4 dt,\'itt Ls 1 `LN E . oat ove . , 41ngs 1.A. .`oF '44. % A 6° .- a Xs1 25th AVE NE 25th AVE NE / .r - t I ADOPTED-xxxx.xxx LEGEND (Ord,No,xxx-xx) 0 250 500 1,000 Feet Immokalee Road-Estates I I I i I 1 i I I MI Commercial Subdistrict Page 4 of 4 Words underlined are added; words struck through are deletions ` .till: ,,,,, - .*it , ...:. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State June 20, 2023 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. 2023-30, which was filed in this office on June 19, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270