Ordinance 2007-77
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~ ",,"/ AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS
. " r:,'<J'V/ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
': G" t <) 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 AND 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, Margaret Perry of Wilson Miller, Inc., and Richard Yovanovich, Esq., of
Goodlette, Coleman and Johnson, P.A., requested an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to
create the "Golden Gate Parkway Institutional Subdistrict", to allow for the expansion and
continued operation of the David Lawrence Center and the Parkway Community Church of God,
and, to allow additional institutional and related uses, for property located on the north side of
Golden Gate Parkway, specifically Tracts 43, 50, 59 and 66, Unit 30, Golden Gate Estates,
located in Section 29, Township 49 South, Range 26 East, consisting of 16.3:t 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 documents entitled Collier County Growth Management Plan amendment, and
other documents, testimony and information presented and made a part of the record at the
meetings 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 8trllGk tt:lr911~t:I 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 this 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:
SEVERABI L1TY.
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., 3rd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this Ljfl. day of l1um, {;.<,A"" 2007.
ATTEST: BOARD OF COUNTY COMMISSIONERS
~~=RO~~:LUE~';~
Attnt IS to C1tI~<-i ~~~rman 0
ItonatW. on1-
Approved as to form and legal suffiency:
This ordinance filed with the
Secretory of Stote's Office the
~ day of n-_",-, '2Do;
and acknowledgement of that
filing received this 2JSl,:0
Of~ ,').QO~" ,," " y
By J. r'tI., ,
Deputy,' r
~"J' 1rr1.~d~d !J:r;w-'~~A
Marjori . Student- tirling ,- ---0
Assistant County Attorney
Petition CP-2005-6 Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and
Map Series
Words underlined are additions; words e:trllGk throll~h are deletions
2
Exhibit A
CP-2005-6
GOLDEN GATE AREA MASTER PLAN
Policy 1.1.2:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
A. ESTATES - MIXED USE DISTRICT
1. Residential Estates Subdistrict
2. Neighborhood Center Subdistrict
3. Conditional Uses Subdistrict
4. Golden Gate Parkwav Institutional Subdistrict [new text, page 4]
****************************************************************************************************
2. ESTATES DESIGNATION
A. Estates - Mixed Use District
3. Conditional Uses Subdistrict
b) Golden Gate Parkway and Collier Boulevard Special
Provisions:
[2nd bullet] [revised text, page 32]
. 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. exceot as oermitted within the Golden
Gate Parkwav 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.
****************************************************************************************************
4. Golden Gate Parkwav Institutional Subdistrict [new text, page 33]
This Subdistrict is soecific to Tracts 43. 50. 59. and 66 of Golden Gate
Estates Unit 30. and includes four oarcels of land containina
aooroximatelv 16.3 acres. located on the north side of Golden Gate
Parkwav. east of 1-75 and west of Santa Barbara Boulevard. The intent of
the Golden Gate Parkwav Institutional Subdistrict is to orovide for the
continued ooeration of existina uses. and the develooment and
redevelooment of institutional and related uses. The Subdistrict is
intended to be comoatible with the neiahborina residential uses and will
utilize well-olanned access ooints to ensure safe and convenient access
onto Golden Gate Parkwav.
The followina institutional uses are oermitted throuah the conditional use
orocess within the Subdistrict:
a. Churches and other olaces of worshio.
b. Grouo care facilities (Cateaories I and Ill.
[Words underlined are added. Words smwk IllrsHgR are deleted.]
1
Exhibit A
CP-2005-6
c. Nursina homes and assisted Ijvina facilities associated with the David
Lawrence Center.
d. Essential services as set forth in Section 2.01.03 of the Collier Countv
Land Develooment Code. Ordinance Number 04-41. as amended.
e. Private schools associated with the David Lawrence Center or
Parkwav Community Church of God. for Tracts 43. 50 and 59 on Iv.
f. Dav care centers associated with the David Lawrence Center or
Parkwav Communitv Church of God.
g. Medical offices associated with the David Lawrence Center.
[Words underlined are added. Words struell HlfBlIglI are deleted.]
2
Tl<IS..APCANNOTaEINTERPRETt:OVIITHOUTTHfGOAlS.
OaJECT'I'I:S, POLlefs AND LAND USE DESIGNAnOl'l DESCRIPTION
SfCTION Cf" THE GOlDEN GATt: AR~A ..ASTt:R PLAN
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LEGEND
INfILLCO,"MERCIAL
AcnlnTYCENTER
GOLDEN GATE PARKWAT
PROFfSSlONALOFFICE
COM,"ERCIALS\JeOlSTR<CT
SANTA 8AP8AR~
CO!.l,"ERCIAlSUBOISTRICT
UR8ANRESODENTIAi.
PANOALL80ULEVARO
CO!.l,"ERCIALSU8DISTRICT
PIN(RIOGEROAO
~Ixm USE SUBOISTRICT
WESTERN ESTATES
INflLLsuaDISTRICT
GDlD(NCATfPARKWAT
'NSTITLJTlONALSUSOISfRICT
INTEPCHANCEACTlInTYCENTfR
AS OESCR'8ED IN CQlJNTT ~DE
COMPRH!EN$II'I: PLAN
EXHIBIT A
MAP 2
CP-2005-06
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GOLDEN GATE AREA
FUTURE LAND USE MAP
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GOLDENGATf
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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 2007-77
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 Commissioners
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By: Martha Verg~a,
Deputy Clerk