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Ordinance 2016-12 grio ORDINANCE NO. 2016-12 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 GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA FUTURE LAND USE MAP BY REVISING THE CONDITIONAL USES SUBDISTRICT TO ALLOW FOR THE CONTINUED OPERATION AND EXPANSION OF THE NAPLES BRIDGE CENTER. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, CONSISTING OF 4.68 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20150002525 / CPSS-2015-3] 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, Naples Bridge Center, Inc. requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map to allow for the continued operation and expansion of the Naples Bridge Center; 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 an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on March 17, 2016 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and [15-CMP-00960/1240469/1] 58 1 of 3 PL20150002525/CPSS-2015-3 Naples Bridge Center Small Scale GMPA—2/23/16 Words underlined are added,words struckggh have been deleted. C 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 Future Land Use Element of the Growth Management Plan on May 10, 2016; 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 AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map in accordance with Section 163.3184, Florida Statutes. The text and map amendments 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 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 commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [15-CMP-00960/1240469/1] 58 2 of 3 PL20150002525/CPSS-2015-3 Naples Bridge Center Small Scale GMPA—2/23/16 Words underlined are added,words struck through have been deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /aik day of May , 2016. ATTEST,;;:' ..........,% BOARD F COUNTY COMMISSIONERS DWIGI1fi,E4.BROcK CLERK COLLI OUNTY, QRIDA Pt37012 --s e; i -,,,Deputy Cle I ,� Donna Fiala, Chairwoman Attest as to Crai.. signature drily., - '� Approved as to form and legality: att , (I1kó ��1({,v,u Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text and Map Amendment This ordinance filed with the Secretory of State's Office the 16Thd y of -J , ?tel 1p and acknowledgement of that filin• eceived this /3461 day of 14__4_ •L? - By .' Ar/, I�/Iw [15-CMP-00960/1240469/11 58 3 of 3 PL20150002525/CPSS-2015-3 Naples Bridge Center Small Scale GMPA—2/23/16 Words underlined are added,words struck through have been deleted. Glc EXHIBIT A GOLDEN GATE AREA MASTER PLAN 2. ESTATES DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Estates-Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** 3. Conditional Uses Subdistrict [Page 27] Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.01.03 G. of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, except as prohibited in certain Neighborhood Centers, and are defined as: • electric or gas generating plants, • effluent tanks, • major re-pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, • governmental facilities (except for those Permitted Uses identified in Section 2.01.03 of the Land Development Code), • public water supply acquisition, withdrawal, or extraction facilities, and • public safety service facilities, and other similar facilities. b) Golden Gate Parkway and Collier Boulevard Special Provisions: • Conditional uses shall not be permitted on those parcels immediately adjacent to the west side of Collier Boulevard within the Estates Designated Area except where the parcel is directly bounded by conditional uses on two (2) or more side yards with no intervening rights-of-ways or waterways; and, except as provided in subparagraph 2., below; and, except for essential services, as described in paragraph a), above. • Recognizing the existing residential nature of the land uses surrounding the 1-75 interchange at Golden Gate Parkway, there shall be no further conditional uses for Page 1 Row of asterisks (*** *** ***) denotes break in text. Page=of .11 properties abutting Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict; except as provided in paragraph 3.b)3., below; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. • Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, shall be approved for conditional uses except as permitted within the Golden Gate Parkway Institutional Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. This provision shall not be construed to affect the area described in Paragraph a), above. 1. In consideration of the improvements associated with the interchange at Interstate 75 and Golden Gate Parkway, the existing conditional use (church and related facilities) located at the southeast corner of Golden Gate Parkway and 66th Street S.W. may be expanded in acreage and intensity along the south side of Golden Gate Parkway to the east of 66th Street S.W., but the total project area shall not exceed approximately 9.22 acres (see Golden Gate Parkway Interchange Conditional Uses Area Map). 2. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict, on the west side of Collier Boulevard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional use designation. 3. Conditional use for expansion of the existing educational and charitable social organization (Naples Bridge Center) is allowed on the east 150 feet of Tract 75 and the west 150 feet of Tract 82, Unit 30, Golden Gate Estates. The maximum building area permitted on the two parcels shall be limited to 15,000 square feet. Use of Tract 82 shall be limited to parking, water management and open space uses. See Conditional Uses Subdistrict: Golden Gate Parkway Special Provisions map. c) Neighborhood Center Transitional Conditional Use Provisions: Conditional uses shall be allowed immediately adjacent to designated Neighborhood Centers subject to the following criteria: 1. Properties eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center, 2. Such uses shall be limited to transitional conditional uses that are compatible with both residential and commercial such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities, 3. All conditional uses shall make provisions for shared parking arrangements with adjoining developments whenever possible, 4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75- foot buffer of native vegetation in which no parking or water management uses are permitted, Page 2 Words underlined are added; words struck through are deleted. Page_of y . P L20150002525/CPSS-2015-3 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use, in order to facilitate traffic movement. d) Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located between existing non-residential and residential areas. The purpose of this provision is to allow conditional uses in areas that are adjacent to existing non- residential uses and are therefore generally not appropriate for residential use. The conditional use will act as a buffer between non-residential and residential areas. The following criteria shall apply for Transitional Conditional Use requests: • Site shall be directly adjacent to a non-residential use (zoned or developed); • Site shall be 2.25 acres, or more, in size or be at least 150 feet in width and shall not exceed 5 acres; • Conditional uses shall be located on the allowable acreage adjacent to the non- residential use; • Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and • Site shall not be adjacent to parks or open space and recreational uses; • Site shall not be adjacent to permitted Essential Service, as identified in Section 2.6.9 of the Land Development Code, except for libraries and museums; and • Project shall provide adequate buffering from adjacent properties allowing residential uses. e) Special Exceptions to Conditional Use Locational Criteria: 1. Temporary use (TU) permits for model homes, as defined in the Collier County Land Development Code, may be allowed anywhere within the Estates-Mixed Use District. Conditional use permits for the purpose of extending the time period for use of the structure as a model home shall be required, and shall be subject to the provisions of Section 5.04.04B. and C. of the Collier County Land Development Code, Ordinance No. 04-41, as amended. Such conditional uses shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be allowed anywhere within the Estates-Mixed Use District. 2. Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District. 3. Conditional Use for a church or place of worship, as provided for in the Estates zoning district, is allowed on Tract 22, Golden Gate Estates, Unit 97. 4. Conditional Use for a church or place of worship as allowed in the Estates Zoning District is allowed on the north 180 feet of Tract 107, Unit 30, Golden Gate Estates. Church-related day care use shall not be allowed. Development shall be limited to a maximum of 12,000 square feet of floor area. Page 3 Page of CO11. O O U N a U N 0 N ma O N Y N O w.'Z O W Q o Q NdN o N D JW Z 0 a d r 0 FZQ O Cl) W w_ z a oda_ W O i F. CI- j , ,_ ,O ,,,,,,,,, , , , ,‹ , 1 s. \ ..,.., 1-1 w [ x c tel% W 0 1 - / --- H , � Z z i OA 19 vaVO JV9 V.NVS w Q p I I O (S] C F -_, I oa Z = 00 WI _ 1 _ 1 } III XWr i _ j il ;. 40 W ICU Z 0 Z z 0 - 0 O 0 Oz3 << I 1:1- WU 01- 11 2 N W E p page �H of ) W 10 w0,— EXHIBIT "A" PETITION PL20150002525/CP-2015-03 L LEGEND 01 - URBAN DESIGNATION ESTATES DESIGNATION AGRICULTURAL/RURAL DESIGNATION 0 " RUED BBE DISTRICT B D•iaT CVA RURAL SETTLEMENT M.INSTRICT ▪URBAN RESIDE.,SUBDISTRICT o11Bs°ENTk STATES SUBDISTRICT OVERLAYS AND GOLDEN GATE AREA MOH DENSITY RESIDENT,SUBDISTRICT AL USES w6usmlCT SPECIAL FEATURES ■DDANrDBx CENTER COMMERCIAL BDB NDT ".-----N,ER'""'CT ® r4 R 11'1EN AREA OWLV ■MORD°�° „° ��=B�B�Dr ■ TgA`wB°n"T ,. FUTURE LAND USE MAP wuwaa in ,B ADT % RE C BAND ■I `BBDBRDr ■:R N°LL 1Ss� DN .0 ■SANTA BARBARA COMMERCIAL SUBDISTRICT ■` =wLrDiaow PRD,.... E ■D«DE wAY PRores*"L srRcr uFtli cauuEeaiVs`AL suBDsmlcT "D ■00.00 BW100000 COMMERCIAL SUBDISTRICT ■7.1 ou ELEMENTY THE 011P.7 IMMOKALEE ROAD RIDGEII PINE ( \Ba R R SUBDISTRICTOAD MII,ED USE SUBDISTRICT ■NrILMASIVIc7 690709 O S DOWERGAt ■Wogs 11274 - ■90UINBRD090 woof 9I0000CT NOTE ENS MAP CANNOT BE INTERPRETED MTACUT TAE WAIS.COXCOMB.MUMS AND MND USE DE9ORADON DESCRIPTOR SECTOR OR TRE C-0.204 DATE AREA MASTER PLAN. 1 P co a a co a OIL WELL ROAD 5 O 0 IMMOKALEE ROAD 1 r z RANDALL BOULEVARD O 0 3 PI VANDERBILT BEACH ROAD w C ,j 177m Ov GOLDEN GATE IJ BOULEVARD ElC C 0 0 PINE RIDGE 0 WHITE BLVD. 0itimm6aa co Q at i p ca d I_ o F / • o 4 r2J a w R 0.0.PKWY. .9 ' 0 O C07 E. 04 ` ` a a.a w a < w INTERSTATE n S.R.84 — G Z DAVIS BOULEVARD' SUBJECT S.R. 84 R SITE 4.1 CP-2015-03 0 m o J o s g O UD gJ 9 , m 9�1 U Hffl 9, C4 ii1 GOLDEN GATE FUTURE LAND USE MAP ADOPTED - FEBRUARY,1991 AMENDED - DECEMBER 4,2007 ORO.NO.2007-77 0 AMENDED - MAY 19,1992 iG5 AMENDED - OCTOBER 14,2005 AMENDED - MAY 25.1993 ORO.NO.2W8-59 AMENDED - JULY 27,1993 AMENDED - JULY 28,2010 ORD.ND 2010-31 In AMENDED - APRIL 12,1994 AMENDED - JULY 28.2010 R 'y AMENDED - MARCH 14,1995 ORO.NO.2010-32 U5 AMENDED - SEPTEMBER 14,2011 AMENDED - OCTOBER 27,1997 ORD.NO.2011-29 0 E. AMENDED - APRIL 14,1996 AMENDED - NOVEMBER 16.2014 B. ORD.NO.2014-41 AMENDED - SEPTEMBER 6.1996 AMENDED-NOVEMBER 10,2015 A AMENDED - FEBRUARY 23.1999 (OTE.No.2015-64 CI) AMENDED - MAY 9.2000 AMENDED - MARCH 13.2001 ' AMENDED - MAY 14.2002 AMENDED - SEPTEMBER 10,2003 SCALE ORD.NO.2003-44 AMENDED - OCTOBER 26.2004 I I I I I I Page of ORD NO.2004-71 0 1 MI. 2 MI. 3 MI. 4 MI. 5 MI. AMENDED JANUARY 25,2005 060.-N0.2005-3 PREPARED BY:CIS/CAD MAPPING SECTION GROWTH MANAGEMENT DEPARTMENT AMENDED - JANUARY 25,2007 ORD.N0.2007-19 DALE: 1/2016 FILE:CP-2015-3-1.OVlG R28E I R27E I R28E1:;) Appf 444 -fin - 14,04 Toe . FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State May 13, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-12, which was filed in this office on May 13, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us