Ordinance 2007-76
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(\~, RECE/VED >> ORDINANCE NO. 07-~
\~. ",<<"/AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
\~"~j ,-Cv~/ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
"<:,.9SPSZ\'~/ PLAN FOR THE UNINCORPORATED AREA OF COLLIER
- COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO
THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE
AREA MASTER PLAN FUTURE LAND USE MAP SERIES,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., 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 Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Michael Fernandez of Planning Development, Inc., requested an
amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future
Land Use Map Series to expand 'Wilson Boulevard/Golden Gate Boulevard Neighborhood
Center", to allow approximately 60,000 square feet of medical and professional offices and
medical related uses, for property located at the southeast corner of Golden Gate Boulevard
and 1st Street SW, in Section 9, Township 49 South, Range 27 East, consisting of 7,x acres;
and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on August 6, 2007; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and
Map series, to the Growth Management Plan and transmitted its findings in writing to Collier
County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendment to the Growth Management Plan;
and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold a publiC hearing concerning the adoption of the Golden
Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map
Series to the Growth Management Plan on December 4, 2007; and
WHEREAS, Collier County has gathered and considered additional information, data
and analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report; the document entitled Collier County Growth Management Plan amendment, and
other documents, testimony and information presented and made a part of the record at the
meeting of the Collier County Planning Commission held on November 26, 2007, and the Collier
County Board of County Commissioners held on December 4, 2007; and
Words underlined are additions; words e:trllsl< tt:1rslol€lt:1 are deletions
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 the amendment to the Golden Gate
Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, in
accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment are
attached hereto as Exhibit "A" and are incorporated by reference herein.
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 amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier.
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 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd., 3'd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 'If/, day of &U1>\I~\. 2007.
,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRO OK, 0'", OOlJ.lMIDA
~".to~~"L<lY ~
'u .... JA COLETTA
Itgllltur't OIlh, Chairman
Approved as to form and legal suffiency:
This ordinance filed with ~h',
Secretary of Stnte's Office '\
~A;' ~./l:b,ull;d.-~ ~dayofn."'.W,,~7
M~ M. Student-Stirling r --.~ and acknowledgement at th,,1
Assistant County Attorney filing received this ~ d<JY
Of~~c.1~
D4puty Cl.,'f..)
Petition CP-2005-2 Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and
Map Series.
Words underlined are additions; words Etrlolsk tt:1rslol€lh are deletions
2
Exhibit A
CP-2005-2
GOLDEN GATE AREA MASTER PLAN
2. ESTATES DESIGNATION
A. Estates - Mixed Use District
2. Neighborhood Center Subdistrict
b) Locations
[18t bullet] [revised text, page 28]
. Wilson Boulevard and Golden Gate Boulevard Center.
This center consists of all four quadrants at the intersection of Wilson and
Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the
Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the
western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant
of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The
parcels within the NE quadrant shall be interconnected and share access
to Golden Gate Boulevard and Wilson Boulevard to minimize connections
to these two major roadways. The SE quadrant of Wilson and Golden
Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial
development, and allocates 2.15 acres to project buffering and right-of-
way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant
of the Center is approximately 4.98 acres in size and consists of Tract
144, Unit 11 of Golden Gate Estates. The SW quadrant of the Center is
approximately 4,8e 11.78 acres in size and consists of Tracts 124. 125,
and the north 150 feet of Tract 126. Unit 12 of Golden Gate Estates.
*****.**********************************************************************************************
c) Criteria for land uses at the centers are as follows:
[3rd bullet] [revised text, page 28]
. Parcels immediately adjacent to commercial zoning within the
Neighborhood Centers located at the intersections Golden Gate
Boulevard and Wilson Boulevard lexcludina the SW auadrantl, Golden
Gate Boulevard and Everglades Boulevard, Everglades Boulevard and
Immokalee Road may qualify for Conditional Use under the transitional
conditional use provision of the Conditional Uses Subdistrict of this
Master Plan Element.
****************************************************************************************************
[new final bullet] [revised text, page 31]
. The followina additional restrictions and standards aoolv to Tract 124 and
the north 150 feet of Tract 126. within the southwest auadrant of the
Wilson Boulevard and Golden Gate Boulevard Center:
a. Commercial uses shall be limited to the followina:
1. medical offices and clinics and orofessional offices. exceot
survevors: and.
2. medical related uses. such as a wellness center.
Words underlined are added; words utrusk through are deleted.
1
Exhibit A
CP-2005-2
b. The ordinance rezonina this property to allow commercial uses shall
include the followina reauirements:
1. no less than sixtv (60%) percent of the aross sauare footaae shall
be desianated for medical offices and clinics: and.
2. oarkina for the entire oroiect shall be that reauired for medical
office or clinic use bv the Land Develooment Code (Ordinance
#04-41. as amended). so as to allow 100 percent medical office
use.
c. Parkina lot liahtina shall be restricted to bollards exceot as mav be
reauired to como Iv with liahtina standards in the Land Develooment
Code (Ordinance #04-41. as amended) and other aovernina
reaulations.
d. The Neiahborhood Center boundaries of this auadrant shall not be
further exoanded.
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Policy 5.1.1
[revised text, page 11]
Consistent with public safety requirements, street, recreational and structure lighting
within Golden Gate Estates shall be placed, constructed and maintained in such manner
as to prevent or reduce light pollution. In implementing this Policy, the County shall
apply the following standards:
a. If a streetlight or an area light is required, it shall be of the type specified
to protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines. Low-pressure sodium lamps are
encouraged while halogen type lights are discouraged.
1. Where required, the street lamp shall be of the high pressure sodium type
and have a "cobra head with flat bottom" style or be fully shielded so that
light is directed only downward. Street lamps shall be mounted on a wood
pole at a height and wattage recommended by the appropriate electric
utility and as appropriate for a rural area.
2. Parking lot lamps shall be low-pressure sodium type lamps and shall be
mounted so that they point downward without direct rays extending past the
parking lot, building entrance, walkway, or other area intended to be
illuminated.
b. Where lighting of recreational areas is required, such lighting shall be mounted
so as to focus illumination on the areas intended to be illuminated, and to limit
the amount of light that extends outside of the intended area.
c. This oolicv shall not aoolv to Tract 124 and the north 150 feet of Tract 126, Unit
12. Golden Gate Estates. located in the southwest auadrant of the Wilson and
Golden Gate Boulevards Neiahborhood Center.
Words underlined are added; words strusk tllreugll are deleted.
2
EXHIBIT "A"
MAP 10
CP-2005-2
w]LSON BOULEVARD/GOLDEN GATE BOULEVARD CENTER
Collier County, Florida
IMMOKALEE
SUBJECT
SITE
CP-2005-2
LEGEND
ADOPTED - SEPTEMBER 10. 2003
Ord. No. 2003-44
~ GOLDEN GA TE ~ SETTLEMENT
ESTATES AREA
D NEIGHBORHOOD
CENTER
NTS
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERV1CES DIVISION
FilE: GGMP-4J-2007.DWG QA TE: 12/2007
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-76
Which was adopted by the Board of County Commissioners
on the 4th day of December, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of December, 2007.
DWIGHT E. BROCK
Clerk of Courts and'Clerk
Ex-officio to Board of
County Commissiqners
,. -~i/~y~
By: Martha verUa,
Deputy Clerk