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Ordinance 2000-028 ORDINANCE NO. 2000 - 2 ~ AN ORDINANCE AMENDING THE GOLDEN GATE AREA MASTER PLAN ELEMENT OF ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; TO AMEND THE GOLDEN GATE AREA MASTER PLAN BY AMENDING THE TEXT OF THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL SUBDISTRICT SO AS TO ALLOW RETAIL DEVELOPMENT ON APPROXIMATELY 7 ACRES OF LAND WITHIN THIS SAME SUBDISTRICT AND BY MODIFYING DEVELOPMENT STANDARDS TO INCLUDE ACCESS FROM A RESIDENTIAL STREET AND INCREASE BUILDING HEIGHTS TO 35 FEET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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, the Collier County Planning Services Department has submitted an amendment to the Golden Gate Area Master Plan to amend the Golden Gate Professional Office Subdistrict; WHEREAS, Collier County did submit this Growth Management Plan amendmen~e Department of Community Affairs for preliminary review on October 29, 2000; and WHEREAS, the Department of Community Affairs did review and made no writterr'r~_-:. objections to this Golden Gate Area Master Plan amendment to the Growth Managemer~,n :3: WHEREAS, Collier County has 60 days from receipt of the Objections, Recommel:mll~on~n 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 this Golden Gate Area Master Plan amendment to the Growth Management Plan on May 9, 2000; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment to the Golden Gate Area Master Plan, including the following: the Collier County staff report; the Notice of Proposed Change application; the document entitled Collier County Growth Management Plan Amendment (CP-99-01) and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held April 20, 2000, and the Collier County Board of County Commissioners held on May 9, 2000; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE It ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 Words underlined are additions; Words -* ...."+~' .....h are;deletions SECTION ONE: ADOPTION OF AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN OF TIlE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts this amendment to the Land Use Designation Description Section of the Golden Gate Area Master Plan in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A". 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 to the Golden Gate Area Master Plan shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element 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., 3r~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this (~ day of ~....) .2000. ATTEST: DWIGHT E. BROCK, Clerk :. ,.... '- signature oat,/, ;'-~ "" -. Approved.as' to form and legal sufficiency: MARJO~IE M. STUDENT Assistant County Attorney BY: BOARD OF QI;~ON'rY COMMISSIONERS COLLIER ~OUNTY, FLORIDA This ordinance flied with the 5ecreta~/of $tate's Office the and °cknowledge~nent of that filin received this CP-99-01 Adoption Ordinance 2 Words underlined are additions; Words struck thrcugh are;deletions Petition CP-99=01 Amending the Golden Gate Area Master Plan - Urban Commercial Districts/Golden Gate Parkway Professional Office Commercial Subdistrict. Exhibit A Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this district (see Map 6) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated small-scale retail as identified under item 5.A. below. The Professional Office Commercial District has two purposes: · to serve as a bona-fide entry way into Golden Gate City; · to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail and institutional type uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. For projects contained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small-scale retail uses are permitted: 1. Apparel and accessory stores 2. Auto and home supply stores (Auto accessory dealers-retail, automobile parts dealers-retail and speed shops-retail only.) 3. Eating places (except carry-out establishments, drive-through only establishments, commissary restaurants, concession stands, contract feeding, food service-institutional, hamburger stands, hot-dog stands, ice cream stands, industrial feeding, refreshment stands, snack shops, soft drink stands and tea rooms.) 4. Food stores (except Convenience food stores-retail, grocery stores and supermarkets.) 5. General merchandise stores 6. Home furniture, furnishing, and equipment stores 7. Libraries 8. Miscellaneous repair services (no electronic repair, except computer repair only in conjunction with sales.) 9. Miscellaneous retail 10. Paint, glass, and wall paper stores 11. Personal services (except coin operated laundries, beauty shops and barbershops.) 12. United States Postal Service Properties that qualify under item 5.A. will be subject to the following: All uses listed will be in accordance with the Standard Industrial Classification Codes within the C-2 zoning district as identified in the Collier County Land Development Code with the exceptions noted above. Item 5.A.2.will be consistent with the Land Development Code uses listed in the C-3 zoning district with the exceptions noted above. Fast food restaurants shall shield from view from Golden Gate Parkway all ordering devices and/or windows where orders are to be taken. Vehicular access through adiacent properties to 53rd Street SW may by allowed at the time of fezone upon completion of appropriate cross access easements. Any property line of the subject parcel that is irmnediately adjacent to single family residential must provide a minimum Type "C" landscape buffer as indicated in the Collier County Land Development Code. 1 Words underlined are additions, Words :~:ek ~czug.u. are deleted Petition CP-99-01 Amending the Golden Gate Area Master Plan - Urban Commercial Districts/Golden Gate Parkway Professional Office Commercial Subdistrict. Buildings utilizing second story office retail may request up to 35' in height, subject to architectural design elements incorporated through the rezone process. Buildings will be limited to two stories in height with no parking under the building. All buildings shall provide a common theme incorporating architecture and project signage. 2 Words underlined are additions, Words :~.:ck ~ceugk are deleted 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 copy of: ORDINANCE NO. 2000-28 Which was adopted by the Board of County Commissio~s ~n the 9th day of May, 2000, during Regular Session. ~_~ WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of May, 2000. DWIGHT E. BROCK Clerk of Courts and Cl~rk Ex-officio to Board of County Commissioners. By: Karen Schoch, Deputy Clerk