Ordinance 2010-31
ORDINANCE NO. 10-11
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: AN ~:"
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.
.:J
':/' ""'"
,-;? ""'\ \
-5-.
",~;
,:(:'> " '.'
\ '':. ,-4"\
c.;J-.. \
-? . ''''::?#''
~~. .-"
~:.:\.rr .. -
'8
.'
...f\
" :)
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 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, Robert L. Duane of Hole Montes and Associates and Rich Y ovanovich, of
Coleman, Y ovanovich & Koester, 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 Mission Subdistrtict to allow church and related uses, including schools, adult care and child
care and community outreach, with a maximum of 90,000 square feet of total development, for
property located on the south side of Oil Well Road (C.R. 858), 1,4 mile west of Everglades
Boulevard in Section 19, Township 48 South, Range 28 East, consisting of 21. 72:t acres: and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on January 27,2010; 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, of the Growth Management Plan and transmitted its findings in writing to Collier
County within the time provided by law; and
Words underlined are additions; words struck through are deletions
Golden Gate Area Master Plan Petition CP-2007-3
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 transmittal and adoption
of an amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan
Future Land Use Map and Map Series, of the Growth Management Plan; 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
meetings of the Collier County Planning Commission held on June 15, 2010, and the Collier
County Board of County Commissioners held on July 28,2010; and
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 AN AMENDMENT TO THE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this amendment to the Golden Gate
Area Master Plan and the 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.
Words underlined are additions; words struck through are deletions
Golden Gate Area Master Plan Petition CP-2007-3
2
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 28th day of Julv. 2010.
ATTEST:
DWIqUT' a a.RQCK, Clerk
~..",: ~.. :,.,..",~:~.....-:--;~.....,.~"D.....;~.I~.1..."'.:'. Q.(
.. 'jr' " -. .
. :"",' . , . .. .
, :':: ','" ... .....'~ . -, "I
'ltTJt. "','
j-f". .~:..:-:
-')~1' ': :;,~:;:,::;':'."
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'~w.~
BY:
FRED W. COYLE, CHAIR AN
Approved as to form and legal suffiency:
,
~l' A GeO
HeidI Ashton-Cicko, Land Use Section Chief
and Assistant County Attorney
Words underlined are additions; words struck through are deletions
Golden Gate Area Master Plan Petition CP-2007-3
3
CP-2007-3
EXHIBIT A
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
[Page 4]
1. Residential Estates Subdistrict
2. Neighborhood Center Subdistrict
3. Conditional Use Subdistrict
4. Golden Gate Parkway Institutional Subdistrict
5. Mission Subdistrict
*** *** *** *** *** *** *** *** *** *** *** ***
[Page 27]
A. Estates-Mixed Use District
*** *** *** *** *** *** *** *** *** *** *** ***
[Page 33]
5. Mission Subdistrict
The Mission Subdistrict is located on the south side of Oil Well Road. aooroximately
one-auarter mile west of Everalades Boulevard. and consists of 21.72 acres. The
ouroose of this Subdistrict is to orovide for churches and related uses. includina
communitv outreach. The followina uses are allowed:
a)
b)
Churches. .
Child care centers - must be not-for-orofit and affiliated with a church within the
Subdistrict.
Private schools - must be not-for-orofit and affiliated with a church within the
Subdistrict.
Individual and familv social services (activity centers. elderly or handicaoted only:
dav care centers. adult and handicaooed onJv) - must be not-for- rofit and
affiliated with a church within the Subdistrict.
Medical outreach to the communitv. to include activities such as administering
influenza vaccine. checkina blood oressure. and conductina blood donation drives
- must be not-for-orofit and affiliated with a church within the Subdistrict.
c)
d)
e)
Souo kitchens and homeless shelters are orohibited in this Subdistrict.
The maximum total floor area allowed in this Subdistrict is 90.000 sauare feet. The
maximum heiaht of buildinas shall be 30 feet zoned heiaht. exceot the worshio center
1
Words underlined are added; words strblsk thr-oblgh are deleted.
Row of asterisks (*** *** ***) denotes break in text.
CP-2007-3
shall be oermitted a zoned heioht of 35 feet. Develooment in this Subdistrict shall be
desioned to be comoatible with the existino. and allowed future. develooment in the
surroundino area.
In the alternate to the foreooino uses. measures of develooment intensity. and
develooment standards. this Subdistrict may be develooed with sinole familv dwellinos in
accordance with the Residential Estates Subdistrict.
Prooertv adiacent to this Subdistrict shall not oualify for the Transitional Conditional Use.
***
***
***
***
***
***
***
***
***
***
***
***
FUTURE LAND USE MAP SERIES
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
*** *** *** *** *** *** ***
***
***
***
***
***
Golden Gate Parkway Institutional Subdistrict
Mission Subdistrict
CP'2007-3 Exhibit A per CCPC rec. and BCC approval for Transmittal
G:IComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendmentsl2007.2008 Combined Cycle Petitionsl07-08 RESOLUTION .FINALIExhibit A Text
and Map Changes. ALLlCP-07-3 Exhibit A
Words underlined are added; words strUGk thr:ough are deleted.
Row of asterisks (*** *** ***) denotes break in text.
2
EXHIBIT A
PETITION CP-2007-03
LEGEND
o~~!!,
WIIAII DUlGlU.TIDII
EITAn. Dl8I8IIATIOII
AGlllCUl. TIIIALJIIUUL DE8IQNATIOII
OllUlW.!IE1'UMDIfMUllIS1lIICT
ow.....,. ,.,.
-.cw. FIA~
GATE AREA
USE MAP
-::;:;>
---
0---
... 00ISTl'llE'*DDfllAL ILIIDImICT
II-"*" <ZNTU ~ SIIGSIIIl;T
---
OIlE!lDDl1lALESf.lo'IUiIJIOS1IIICT
COfD'I"IDNAI. UID ~
D~CDflOl...-rlllCT
.==~
GOLDEN
FUTURE LAND
.., ."..... ta:IUIOt Ql\T[ arA'IDI 1l4'J.MA1..
UlIDCUIC(fI'IIlO1U:1JOIloW:AlMllLAY
rJJ
"'"
...
E-o
--
. MllC) vc ACfl\IITY ClNfP ..-...cr
.~~COIMIlGAI.
DSNlT"....".,.CCMlPIOAI.~
.=r~~
.c:olJJDt8lUS_ctMlVlaAlSUllDlS'lM:T
,...
\ \
_/
--
-......
IJI--
--
D~~=..o~M~~
LAHII va: lLDENY II l)4( CIP.}
ElPIN[_l'OMfIIlICOua:~
. INC/o\Ll JQ.U\IMD 0ClUWfJW:W.. ....nw:r
lI~w.1tI
O~~A1UCOMllaAI.
IMMOKALEE ROAD
lH!I-CoVIMDTII[,,~.1MOuT""COI.l.;S,
~l'Q,IQES_LAlDlJS[DaICIuITQI~llClN
1fC'IQlf1flHl:GClI.lIDtllA1(~WoSmIPU.IL
rJJ
ao
...
E-o
SUBJECT
SITE
CP-2007..Q3
\
OIL WELL ROAD
IMMOKALEE ROAD
i
-<
>
i
rJJ
."
...
E-o
RANDALL BOULEVARD
i
'"
-<
~
"
~
5
"I
...
..
o
0.
..
<:
OOLDBIr QATB BOULBVARD
i
-< ~
;
>
i
I I
9A 84
'"
..
-<
~ i ~
0 ~
.. II! ~
~ d
:l i
8
III
~.
S-
f
-<
...
:z:
DA VIB BOULEVARD;;j
9.R.84
rJJ
Q
00
E-o
_ ""R
..."... LAIIJ ..- IILU'
AOOPTEO - f'EBRUAAY, 101
AWENOD) - W... y 1 e. , 892
AWENDED - WAY 25" HleJ
AW[NO[J) - .lJlY 27, lttJ
......ENOED - APftIL 12, lK4
~D - MARCH 14, liV5
rJJ
AMENO€O - OCTOElER 21, 1997
AM(NOEO - APRIL 14, 1998
AMENDED - SEPTtWBER a. 19H
AI.lENOm - F[8ItUAII'y 2.3, Hilt
AMEHOfO - ..... y R, 2000
- ......ROll.). 200T
Q
~
I>l
S
i
....
00
E-o
.wENDED - .....v 14, 2002
AMENDED - SEPTnaR 10. 2003
ORO. NO. 2003-44
AMENDED - OCTOeER 2tI. 2004
CiAO. NO. 2004-71
.....ENDED - JAHUNtY 2~ 2005
ORO. NO. 2005-"
AWENotD - JAHUAII'v 2'- 2007
CftO. 1<<). 2007-'8
""'ENOED - OfCEWBER +. 2007
Cf;IO. NO. 2007- n
AMENOm - OCTl&R 14, 2001
ORa, NO. 2008-59
(.)
SCALE
r- - , , , , I
o 1 MI. 2 MI. 3 MI. ... Ml. 5 MI.
f'RFPARED BY: GIS/CAD MAflPINC SECTION
C(),IWUNITY DE\lELOPMENT AND EN\o'IA~OHAL SER'YIC[S OI'YISlON
DAlE: e/2QOg FILE: CP-2007-J.oWC
R 26 E
R 27 E
R 28 E
~
~
o
o
')'
a.
()
Z
o
i=
i=
UJ
a.
/-_.
I
0)
<0
(~
co
C~
co
o
N
en
<'oJ
1'-.
a~\;f^31n08
S3a\;flE)~3^3
<
Eo< Q ()
C) ..... co 01 0
..... P:: 1" -~ 0:: ')
~ 0 ~
Eo< ...:l 00
~ It) w
<l: 00 00 -oJ
f- ..... ~ Ii ::>
ai 0 0
I ~ Eo< cj lD
X ::J Z
UJ 00 ;:J
0 0 M -oJ
-oJ
Z C) ~ .... 0 (5
0 P:: 0:: ()W~ Z
..... ~ -oJ ~
00 ::i ...J W....O
00 N 1') W 'i- I()
..... ...:l 3: """')_0 N N
~ 0 -oJ lDenC\l
C) 6 :::> I
en ~
'-1'
<0
('<I
1"
N
gPa '~.8
a\;fO~ 331\t)jOl"ll"ll
1[')
r'-
N
C~
('J
a~\;f^31n08
NOS1IM
Q
Z
~
o
~
...:l
>.
u<(
~~
~<(
Vl
~
- I ..
>-'
...
0
0
0
...
~ >-'
...
" 0
U 0
'" 0
'"
5
iij
'>
z-
OO
FVl
U..,
IoJU
C/'l5
~Ir
",,,,
0'"
o.~
A."
=>1-
VlZ
;i~~
~~~
0>7
..,z"
~"'o
002
ZZI
""a.
Vll-U
:i~~
~?5G:
"'-'
"'~
;>-:~~
m 0
8?':~
",zo>
g~~
IrO"
o.uo
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 2010-31
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2010, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of August, 2010.
DWIGHT E. BROCK . ..::,\~i' ;1(';
Clerk of Courts~~j:hid"'Clei-k;.
Ex - of f i c fo. ..tol3o.s:~d'; 'of
Coun t y CC;tilIni iEt~~ti.~:t.s
-/
""
. " ..-~ .~ -
- ;'>"'. ..'..
"....~~~.;.. .'
:,.>~(,~.." L '.
~".'. ... .:' .
By: Ann ennejohn,
Deputy Clerk