Ordinance 2007-83
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ORDINANCE NO, 07- 83
AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR
AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE,
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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 1 0, 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, D. Wayne Arnold of Q. Grady Minor and Associates requested an
amendment to the Golden Gate Area Master Plan, to modify the Conditional Uses Subdistrict,
Special Exceptions to Conditional Use Locational Criteria provision, to allow a church as a
Conditional Use for the subject site, for property located on the south side of Immokalee Road
and approximately 300 feet east of Oakes Boulevard, in Section 29, Township 48 South,
Range 26 East, consisting of :1::2.6 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, 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 public hearings concerning the adoption of the Golden
Gate Area Master Plan, 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
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
Words underlined are additions; words e;trl,Jsl~ t1'lrsl,J[lh are deletions
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, 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., 3rd Floor, Tallahassee, Florida 32399-2100.
PASSED AND~L Y ADOPTED by the Board of County Commissioners of Collier
County, Florida this Lf day of .DLu,,,.JL'~2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FRIDA
Q.C . BY:
Attest ., to CNtl'tllll ,
ItgftltUl"t~l.
ES COLETTA
Chairman
Approved as to form and legal suffiency:
-~
Marjor' M. Student- tirling
Assistant County Attorney
Petition CP-2006-4 Golden Gate Area Master Plan
This ordinonce filed with the
Secretory of Stote's Office the
~ doy of Otwoo~ , 'lIrsi
and acknowledgement of that
filing received this :z.1~ day
Of\)W:r~~~
y ~puty Cltlr
Words underlined are additions; words e:lrl,Jck throl,J[lh are deletions
2
Exhibit A
CP-2006-4
GOLDEN GATE AREA MASTER PLAN:
2. ESTATES DESIGNATION
A. Estates - Mixed Use District
3. Conditional Uses Subdistrict
e) Special Exceptions to Conditional Use Locational Criteria:
[revised text, page 33]
L 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 submitted for the purpose of extending the time period for
use of the structure as a model home shall not be subject to the
locational criteria of the Conditional Uses Subdistrict, and may be
allowed anywhere within the Estates-Mixed Use District.
Temporary Use permits for model homes shall have a duration of
three (3) years from the date of approval. No subsequent
issuance of a Conditional Use permit shall be for a duration
exceeding two (2) years, The total time period for Temporary Use
and Conditional Use permits together shall not exceed five (5)
years,
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 olace of worshio. as orovided for
in the Estates zonina district. is allowed on Tract 22. Golden Gate
Estates. Unit 97.
Words underlined are added; words strusk through are deleted.
1
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 2007-83
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,~lerk
Ex-officio to Board','of..
County Commissioners
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By: Martha Vergara,
Deputy Clerk