Agenda 02/09/2010 Item #16K7
Agenda Item No. 16K7
February 9,2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Resolution directing the Supervisor of Elections to
place on the November 2, 2010 general election ballot for Precincts 551, 552, 554,
555, 590 and 591 the question of whether the Golden Gate Area Master Plan should
be amended to allow for up to a 190,000 square foot commercial development, as
requested by comprehensive Plan Amendment 08-01.
OBJECTIVE:
Staff is requesting that the Board of County Commissioners (BCe) approve the
Resolution to direct the Supervisor of Elections to place a straw ballot question regarding
CP-08-01, a Growth Management Plan Amendment to the Golden Gate request for an up
to 190,000 square foot commercial development within the Rural Golden Gate Estates.
CONSIDERATION:
On January 19,2010, at a 2007/2008 Cycle of Growth Management Plan Amendments
(including a 2009 Petition) Transmittal Hearing, the BCC voted to indefinitely continue
Petition CP-2008-1 and to place that proposed amendment to the Golden Gate Area
Master Plan, which seeks to create an Estates Shopping Center Sub-district at the
intersection of Wilson Boulevard and Golden Gate Boulevard, on a straw ballot
referendwn to be voted upon by the adjacent residents of Golden Gate Estates at the
November 2, 2010, general election.
Section 125.01(1) (y) of the Florida Statutes authorizes County Commissioners to "place
questions or propositions on the ballots at any primary election, general election, or
otherwise called special election, when agreed to by a majority vote of the total
membership of the legislative and governing body, so as to obtain an expression of
elector sentiment with respect to matters of substantial concern within the county."
The location of the proposed Estates Shopping Center Sub-district, the northeast section
of the Wilson/Golden Gate Boulevards intersection is located within Precinct 552. Based
upon the expected impact of the Estates Shopping District upon residents beyond Precinct
552, the straw ballot referendwn will be applicable to precinct numbers 55 I, 552, 554,
555, 590 and 591. Each of these precincts is located east of Collier Boulevard (CR95 I).
All costs related to placing the straw ballot referendum language on the general ballot
including but not limited to the cost of translating the ballot into Spanish shall be borne
by the Petitioner in CP-2008- 1.
The straw ballot language to be adopted and transmitted to the Collier County Supervisor
of Elections is depicted below:
Agenda Item No. 16K7
February 9, 2010
Page 2 of 7
Golden Gate Area Master Plan Amendment
Boulevard/Golden Gate Boulevard Shopping Center
Wilson
Should the Golden Gate Area Master Plan be amended to permit a :t40 acre commercial
shopping center, consisting of up to 190,000 square feet of gross leasable floor area in
single story buildings located at the northwest quadrant of the intersection of Wilson
Boulevard and Golden Gate Boulevard, that may include outparcels, inline stores, drive-
through shopping services, and whose first occupant must be a minimwn 27,000 square
foot supermarket?
Yes
No
FISCAL IMPACT:
The principal costs associated with the Resolution and the corresponding ballot question
is being born solely by the applicant for the CP-08-01 GMP amendment.
GROWTH MANAGEMENT IMPACT:
There is no direct impact of the straw ballot question on the GMP, but ultimately if the
CP-08-01 is approved the amendment would alter the existing Golden Gate Area Master
Plan (GGAMP) by allowing for Community Commercial development within the Sub-
District. Currently the GGAMP only provides for the development of limited
Neighborhood Commercial development
LEGAL CONSIDERATIONS:
This item has been reviewed and approved by the County Attorney's Office and is legally
sufficient for Board action-SRT.
RECOMMENDATION:
That the Board of County Commissioners approve the Resolution directing the
Supervisor of Elections to place a straw ballot referendum concerning an amendment to
the Golden Gate Area Master Plan for an up to 190,000 square foot commercial district
on the November 2,2010, ballot for the general election.
Prepared by: Mike Bos~ AICP, Manager, Comprehensive Planning Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K7
February 9,2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K7
Recommendation to approve a Resolution directing the Supervisor of Elections to place on
the November 2, 2010 general election ballot for Precincts 551, 552, 554, 555, 590 and 591
the question of whether the Golden Gate Area Master Plan should be amended to allow for
up to a 190,000 square foot commercial development, as requested by comprehensive Plan
Amendment 08-01.
2/9/20109:00:00 AM
Date
Prepared By
Mike Basi, AICP
Community Development &
Environmental Services
Manager. Planning
Comprehensive Planning
1/29/20104:46:38 PM
Approved By
Date
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
2/1/201011:13 AM
Date
Approved By
Jeff Klatzkow
County Attorney
2/1/20101:04 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
2/1/20103:43 PM
Date
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/1/20107:19 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/2/2010 8:46 AM
Agenda Item No. 16K7
February 9,2010
Page 4 of 7
RESOLUTION NO. 2010-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA DIRECI1NG THE COLLIER COUNTY
SUPERVISOR OF ELEcrIONS TO PLACE A STRAW BALLOT
REFERENDUM CONCERNING A PROPOSED AMENDMENT TO THE
GOLDEN GATE AREA MASTER PLAN ON THE NOVEMBER 2, 2010,
BALLOT FOR THE GENERAL ELECfION.
WHEREAS, on January 19, 2010, at a 200712008 Cycle of Growth Management Plan
Amendments (including a 2009 Petition) Transmittal Hearing, the Collier County Board of
County Commissioners voted to indefinitely continue Petition CP-2008- I and to place that
proposed amendment to the Golden Gate Area Master Plan, which seeks to create an Estates
Shopping Center Sub-district at the intersection of Wilson Boulevard and Golden Gate
Boulevard, on a straw ballot referendum to be voted upon by the adjacent residents of Golden
Gate Estates at the November 2, 2010, general election; and
WHEREAS, Section 125.01(IXY) of the Florida Statutes authorizes County
Commissioners to "place questions or propositions on the ballots at any primary election, general
election, or otherwise called special election, when agreed to by a majority vote of the total
membership of the legislative and governing body, so as to obtain an expression of elector
sentiment with respect to matters of substantial concern within the county;" and
WHEREAS, Collier County voter precinct numbers 551, 552, 554, 555, 590 and 591 are
located east of Collier Boulevard (CR 951) and adjacent to the proposed shopping center location
and encompass those residents that would be most directly impacted by the proposed
amendment; and
WHEREAS, the ballot language for said straw ballot referendum needs to be adopted and
transmitted to the Collier County Supervisor of Elections; and
WHEREAS, the Board finds that it is lawful and in the public interest to call for the straw
ballot referendum and direct the Collier County Supervisor of Elections to take appropriate
action with respect to this Resolution.
Agenda Item No. 16K7
February 9, 2010
Page 5 of 7
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. The Supervisor of Elections is hereby directed to include within the ballot
for the November 2, 2010, general election the following straw ballot referendum language:
Golden Gate Area Muter Plan Amendment - Wilson Boulevard/Golden
Gate Boulevard Shopping Center
Should the Golden Gate Area Master Plan be amended to permit a ;t40 acre commercial
shopping center, consisting of up to 190,000 square feet of gross leasable floor area in single
story buildings located at the northwest quadrant of the intersection of Wilson Boulevard and
Golden Gate Boulevard, that may include outparcels, inline stores, drive-through shopping
services, and whose first occupant must be a minimum 27,000 square foot supermarket?
Yes
No
Section 2. The Supervisor of Elections is hereby directed to include the above straw
ballot referendum language on the ballots of registered voters for the following precincts:
Voter Precinct Numbers: 551,552,554,555,590 and 591
A copy of the Collier County Precinct Map indicating the locations of those Precincts is attached
hereto.
Section 3. The Supervisor of Elections shalI provide any and all notices required by
the Florida Election Code in connection with placing this straw ballot on the November 2, 2010,
general election ballot
Section 4. All costs related to placing the straw ballot referendum language on the
general ballot including but not limited to the cost of translating the ballot into Spanish shall be
borne by the Petitioner in CP-2008-1.
Section 5. The Board of County Commissioners hereby directs the Clerk of Court to
deliver, or cause to be delivered, a certified copy of this Resolution to the Supervisor of Elections
upon adoption and execution of this Resolution.
2
Agenda Item No. 16K7
February 9,2010
Page 6 of 7
TIns RESOLUTION ADOPTED after motion, second, and rrngority vote favoring
same, this _th day ofFebruary, 2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, Chairman
orm and legal sufficiency:
3
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Agenda Item No. 16K7
February 9, 2010
Page 7 of 7
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