Ordinance 2010-32
ORDINANCE NO. 10-32
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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 r-
LAND USE MAP AND MAP SERIES, PROVIDING FOR ,J
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 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, Timothy Hancock of Davidson Engineering and R. Bruce Anderson, Esq.,
of Roetzel and Andress, 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 expand and modify the
Randall Boulevard Commercial Subdistrict to allow a total development intensity not to exceed
411,950 square feet of commercial uses of the C-4 zoning district, with exceptions, for property
located on the south side of Randall Boulevard, extending from 8th Street Northeast and west to
the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27,
Township 48 South, Range 27 East, existing of 56.5: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, 20 I 0; 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
Words underlined are additions; words struek through are deletions
Golden Gate Area Master Plan Petition CP-2008-2
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 owner of Tract 71 withdrew from the petition and the remaining
applicants reduced the additional development to 360,950 square feet of commercial
development; 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 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, 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 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 struek through are deletions
Golden Gate Area Master Plan Petition CP-2008-2
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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 July. 2010.
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DWIGH'F'E: 'BI{OOK Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, CHA AN
Approved as to form and legal suffiency:
!blvt A CI tJ
Heidi Ashton-Cicko, Land Use Section Chief
and Assistant County Attorney
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'11\'W Mnara '"~~
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and ocknowle ~~th'
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Words underlined are additions; words struek thrOl:lgh are deletions
Golden Gate Area Master Plan Petition CP-2008-2
3
CP-2008-2
EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
2.
ESTATES DESIGNATION
[Page 26]
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B.
Estates - Commercial District
[Page 33]
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3) Randall Boulevard Commercial Subdistrict _
The Randall Boulevard Commercial Subdistrict. containina aooroximatelv 56.5
acres. is located on the south side of Randall Boulevard and Immokalee Road
(CR-846). extendina from 8th Street NE west to the Corkscrew Canal. +Re This
Subdistrict is comprised of the following properties: Tract2 54. 55. 71, 72. 89. 90.
107. 108. 125. 126 and 127. Golden Gate Estates, Unit 23; ::md tho Eae:t 1 ee foot
of Tr::lOt 64, Goldon Gato ESt3tOe:, Unit 2a. Reoognizing tho uniquo dovolopmont
pattorn ::md oharaotoriGtioe: of surrounding land ue:os, tho This Randall Boulo':ard
Commoroi31 Subdistrict has been designated on the Golden Gate Area Future
Land Use Map and the Randall Boulevard Commercial Subdistrict Mao. Soo M3p
+4 It is the intent of this Subdistrict to orovide commercial aoods and services to
the surroundina area.
[Page 35]
All develooment in the Subdistrict shall comolv with the followina reauirements
and limitations:
a) Tho Critoria for tho Subdie:triot arc ae: follo\"le::
· a. All commorcial development is encouraged to be in the form of a PUD.
· b. Projects directly abutting Estates zoned property shall provide, at a
minimum, a 75-foot wide buffer of retained native vegetation in which no
parking or water management uses are permitted; except that, when
abutting conditional uses no such buffer is required.
· c. Shared parking shall be required with adjoining development whenever
possible.
d. Tract 55 shall onlv be utilized for native oreservation and water
manaaement areas. The eastern boundarv of Tract 55 shall contain. at a
minimum. a 50-foot wide retained native veaetation buffer.
e. The followina limitation shall aoolv to Tract 71 only:
.1. Limitation of Uses - Uses shall be limited to the following:
· Automobile Service Station;
· Barber & Beauty Shops;
· Convenience Stores;
· Drug Stores;
Words underlined are added; words strl:J()k throl:Jgh are deleted.
Row of asterisks (*** *** ***) denotes break in text.
CP-2008-2
· Food Markets;
· Hardware Stores;
· Laundries - Self Service Only;
· Parks, Public or Private;
· Post Offices and Professional Offices;
· Repair Shops - Radio, TV, Small Appliances and Shoes;
· Restaurants, including fast food restaurants but not drive in
restau rants
· Shopping Center
· Veterinary Clinic with no outside kenneling;
1. The followina limitations shall aoolv to Tracts 72. 89. 90. 107. 108. 125.
126. 127. and Tract 54:
1. Develooment intensitv on Tracts 72. 89. 90. 107. 108. 125. 126.
127 and the west one-half of Tract 54 shall be limited to 360.950
square feet of floor area. of which no more than 285.950 sauare
feet shall be retail develooment.
2. Develooment intensitv on the east one-half of Tract 54 shall be
limited to 20.000 square feet of commercial develooment.
3. The first chase of the oroiect develooment. exclusive of the existinq
20.000 sa. ft. of develooment on the east one-half of Tract 54. shall
include a arocerv anchor. with a minimum of 35.000 sauare feet of
qross leasable floor area. orior to any certificates of occuoancy
beina issued bevond 100.000 sauare feet of commercial
develooment.
4. Allowable uses shall be limited to the oermitted and conditional
uses of the C-4. General Commercial District in the Collier County
Land Develooment Code in effect as of the effective date of the
adootion of the amendment of this Subdistrict rOrdinance No. 2010
-32. adooted Julv 28. 20101. exceot that the followino uses shall be
orohibited:
· Tire Dealers. Automotive Retail (Grouo 5531)
· Automotive Parkina (Grouo 7521)
· Communication Services (Grouo 4899)
· Drinkino Places (Grouo 5813)
· Fishina Piers (Grouo 7999)
· Glass and Glazina work (Grauo 1793)
· Health Services (Grouos 8059 - 8069)
· Soecialtv Outoatient Facilities (Grouo 8093)
· Houseboat Rental. Lakes Ooerations. Partv and Pleasure Boat
rental (Grouo 7999)
· Laroe Aooliance reoair service (Grouo 7623)
· Marinas (Grouo 4493 and 4499)
· Miscellaneous Reoair Services (Grouos 7622-7641. 7699)
· liquor Store. unless ooerated bv a Gracerv Retailer (Grouo
5921 )
· Used Merchandise Store (Grouo 5932)
· Automatic Merchandisina Machine Ooerators (Grouo 5962)
· Direct Sellina Establishment (Grouo 5963)
Words underlined are added; words strl:Jok through are deleted.
Row of asterisks (*** *** ***) denotes break in text.
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CP-2008-2
· Escort Services. Massaae Parlors. Tattoo Parlors. Turkish
Baths. Weddina Chaoels (Grouo 7299)
· Bettina Information Services. Bath Houses. Billiard Parlors.
Bookies and Bookmakers. Cable lifts. Carnival Ooeration.
Circus Comoanies. Fortune Tellers. Go-cart racina ooeration.
Off-track bettina. Pina Pona Parlors. Rodeo Animal Rentals.
Rodeos. Shootina Ranaes. Traoshootina Facilities (Grouo 7999)
· Parole offices. Probation offices. Public welfare centers. refuaee
services. settlement houses (Grouo 8322)
· Tow-in oarkina lots (Grouos 7514.7515.7521)
· Animal Soecialtv Services (Grouo 0752)
5. At time of rezonina. consideration shall be aiven to imoosing
aoorooriate restrictions on the amount of develooment allowed in
this Subdistrict orior to discontinuance and relocation of the Big
Corkscrew Island Fire Station and Florida Division of Forestry fire
tower uses.
6. All buildinas on Tracts 72.89.90. 107. 108. 125. 126 and 127 shall
be develooed with a unified architectural theme.
7. Excludina the commercial zonina on Tract 71 and the existina
aooroved commercial zonina on the east one-half of Tract 54. any
additional develooment in the Subdistrict shall be develooed in
ohases. Phase I shall be limited to 100.000 sauare feet of aross
leasable floor area. Subseauent ohases shall not receive buildina
permits until the Randall Boulevard/lmmokalee Road intersection
oroiect. includina the widenina of the seament of Randall Boulevard
abuttina the Subdistrict. as shown on Exhibit "A" of the Develooer
Contribution Aareement adooted Julv 28.2010 bv the Board of
Countv Commissioners. has commenced. No Certificates of
Occuoancy shall be issued for subseauent develooment chases
until the Randall Boulevard/lmmokalee Road intersection oroiect is
substantiallv comolete. Neither the buildina oermits limitations nor
the Certificates of Occuoancv limitations shall aoolv if satisfactory
alternative mitiaation is aooroved bv the Board of County
Commissioners oursuant to Transoortation Element Policv 5.1. or if
traffic conditions chanae in such a manner that adeauate caoacity is
available.
Cp.2008-2 Exhibit A per BCC Adoption 7.28.10
G:IComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendmenlsl2007-2008 Combined Cycle Petitions\2008 Cycle Pelitions\CP-2008-2
Randall Blvd Com Subdistrict dw!7.28.10
Words underlined are added; words struGk threugh are deleted.
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EXHIBIT A
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EXHIBIT A
PETITION CP-2008-02A
RANDALL BOULEVARD COMMERCIAL SUBDISTRICT
Collier County, Florida
IMMOKALEE
LEGEND
AMENDED - SEPTEMBER 10, 2003
(Ord, No, 2003-44)
AMENDED - JANUARY 25, 2007
(Ord, No, 2007-19)
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AREA
PREPARED BY: GIS/CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
FILE: CP-2008-2B,DWG DATE: 9/2009
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 2010-32
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. y ."" ot"
Clerk of, Courts ,'a.ncf'.cl'l#x:;k .
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Ex-officio to,B9a;:dof.
County commi~~i~~:rs
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By: Ann Je ~ejo~n:~' .~."
Deputy Clerk