Agenda 07/22/2008 Item #16A17Agenda Item No. 16A17
July 22, 2008
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to the Board of County Commissioners to direct staff to add to
the existing GMP amendment petition CPSP- 2006 -13 the revision of an acreage
figure in the Golden Gate Area Master Plan pertaining to the Center Point Church
Conditional Use, and text recognizing two existing exceptions to Conditional Use
locational restrictions.
OBJECTIVE: For the Board of County Commissioners (BCC) to consider directing staff
to add a proposed amendment to the 2006 cycle of amendments to the Collier County
Growth Management Plan (GMP).
CONSIDERATIONS: Staff has become aware of an erroneous acreage figure in the
Golden Gate Area Master Plan ( GGAMP). Research reveals the County listed an
incorrect acreage figure during a County- initiated GMP amendment in 2004, as
explained below. Also, staff is aware of an apparent conflict in text that restricts the
location of Conditional Uses in Golden Gate Estates and text that sets forth two
exceptions to that restrictive text.
During the first phase of the GGAMP Restudy -based GMP amendments, an exception to
a prohibition on conditional uses for parcels not bounded by conditional uses on two or
more side yards (an infill provision) was included as part of the Golden Gate Parkway
and Collier Boulevard special provisions under the Conditional Uses Subdistrict for the
existing Conditional Use (Grace Bible Church n /k/a Center Point Community Church and
related facilities), and this exception allowed the church use to expand, but not exceed
21 acres, between 66`h Street S.W. and 64`" Street S.W. Subsequently, during the
second phase of GGAMP Restudy -based GMP amendments, the infill provision was
deleted and the paragraph containing the exception for the Grace Bible Church was
proposed for minor text changes. At the Planning Commission meeting held on May 20,
2004 to consider the second phase of the GGAMP Restudy -based GMP amendments,
the Planning Commission recommendation was for staff to "look at adjusting Conditional
Use for Grace Bible Church to omit the east 5 acres. ". Based upon review of the hearing
transcript, staff concludes the basis for the Planning Commission recommendation was
a public speaker's indication that the owner of the five acres east of the church's
ownership did not give consent to include such parcel in the 21 -acre church expansion
area. As a result of the Planning Commission recommendation, staff changed the
acreage from 21 acres to 8.21 acres (there were /are two ±5 -acre parcels east of the
church's ownership) and the Board of County Commissioners approved this change
without discussion. However, the church owned approximately 9.21 acres instead of
8.21 acres. Therefore, staff is now seeking authorization to add an amendment to the
2006 cycle of GMP amendments to correct this acreage figure to reflect the church's
ownership. This request is made now, after transmittal hearings so that the amendment
would only be heard at adoption hearings for the 2006 cycle of GMP amendments,
because the church is now seeking a Conditional Use to allow expansion onto the
balance of their property to include all ±9.21 acres. The paragraphs to be amended are
shown below.
b) Golden Gate Parkway and Collier Boulevard Special Provisions:
• Conditional uses (except essential services, as described in
Paragraph a), above) shall not be permitted on those parcels
immediately adjacent to the west side of Collier Boulevard within the
Agenda Item No. 16A17
July 22. 2008
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Estates Designated Area unless the parcel is directly bounded by
conditional uses on two (2) or more side yards with no intervening
rights -of -ways or waterways. [Amendment. insert exception for
paragraph 2., below]
Recognizing the existing residential nature of the land uses
surrounding the planned 1-75 interchange at Golden Gate Parkway,
there shall be no further conditional uses for properties abutting
Golden Gate Parkway, between Livingston Road and Santa Barbara
Boulevard, except as permitted within the Golden Gate Parkway
Institutional Subdistrict. Further, no properties abutting streets
accessing Golden Gate Parkway within the above - defined segment
shall be approved for conditional uses. This provision shall not be
construed to affect the area described in Paragraph a), above.
[Amendment. insert exception for paragraph 1., below]
In consideration of the improvements associated with the proposed
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 66`" Street S. W. maybe expanded in
acreage and intensity along the south side of Golden Gate Parkway to the
east of 66'" Street S.W., but the total project area shall not exceed 8.21
acres (see Map 15). [Amendment., revise the acreage figure]
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.
FISCAL IMPACT: The fiscal impact to Collier County is minimal, just the staff time to
add this amendment to the existing petition CPSP- 2006 -13.
LEGAL CONSIDERATIONS: The decision of the Board to direct Comprehensive
Planning Staff to proceed with the above - referenced Growth Management Plan
amendment is a policy decision. However, it should be noted that the previous decision
of the Board to adopt the prior plan amendment discussed above was based upon staff
error. This item is legally sufficient for Board action. (MMSS)
GROWTH MANAGEMENT IMPACT: If the BCC grants the requested authorization, the
proposed amendment will be drafted by staff and incorporated into the 2006 GMP
amendment cycle during which this amendment will be heard and vetted through the
required advertised (adoption) public hearings before the Collier County Planning
Commission and BCC, scheduled for August and September 2008.
STAFF RECOMMENDATION: That the BCC authorize staff to add the proposed
amendment to the 2006 cycle of GMP amendments.
PREPARED BY: Beth Yang, Principal Planner
Comprehensive Planning Department, CDES Division
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Agenda Item No. 16A17
July 22, 2008
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A17
Item Summary:
Recommendation to the Board of County Commissioners to direct staff to add to the existing
GMP amendment petition CPSP - 2006 -13 the revision
of an acreage figure in the Golden
Gate Area Master Plan pertaining to the Center Point Church Conditional Use, and text
recognizing two existing exceptions to Conditional Use
locational restrictions.
Meeting Date:
7122/2008 9.00:00 AM
Prepared By
Beth Yang
Principal Planner -MPO
Date
Transportation Services
Transportation Planning
711012008 9:06:34 AM
Approved By
Comprehensive Planning Department
Randall J. Cohen
Director
Date
Community Development &
Comprehensive Planning
711012008 9:12 AM
Environmental Services
Approved By
Marjorie M. Student - Stirling
Assistant County Attorney
Date
` County Attorney
County Attorney Office
7110/2008 4:28 PM
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development &
7111(2008 8:26 AM
Environmental Services
Environmental Services Admin.
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/1412008 10:08 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/14/2008 10:24 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
County Manager's Office
7/14!200812:17 PM
Commissioners
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