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
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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,
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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.
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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
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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