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Agenda 02/09/2010 Item #16K7 Agenda Item No. 16K7 February 9,2010 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Resolution directing the Supervisor of Elections to place on the November 2, 2010 general election ballot for Precincts 551, 552, 554, 555, 590 and 591 the question of whether the Golden Gate Area Master Plan should be amended to allow for up to a 190,000 square foot commercial development, as requested by comprehensive Plan Amendment 08-01. OBJECTIVE: Staff is requesting that the Board of County Commissioners (BCe) approve the Resolution to direct the Supervisor of Elections to place a straw ballot question regarding CP-08-01, a Growth Management Plan Amendment to the Golden Gate request for an up to 190,000 square foot commercial development within the Rural Golden Gate Estates. CONSIDERATION: On January 19,2010, at a 2007/2008 Cycle of Growth Management Plan Amendments (including a 2009 Petition) Transmittal Hearing, the BCC voted to indefinitely continue Petition CP-2008-1 and to place that proposed amendment to the Golden Gate Area Master Plan, which seeks to create an Estates Shopping Center Sub-district at the intersection of Wilson Boulevard and Golden Gate Boulevard, on a straw ballot referendwn to be voted upon by the adjacent residents of Golden Gate Estates at the November 2, 2010, general election. Section 125.01(1) (y) of the Florida Statutes authorizes County Commissioners to "place questions or propositions on the ballots at any primary election, general election, or otherwise called special election, when agreed to by a majority vote of the total membership of the legislative and governing body, so as to obtain an expression of elector sentiment with respect to matters of substantial concern within the county." The location of the proposed Estates Shopping Center Sub-district, the northeast section of the Wilson/Golden Gate Boulevards intersection is located within Precinct 552. Based upon the expected impact of the Estates Shopping District upon residents beyond Precinct 552, the straw ballot referendwn will be applicable to precinct numbers 55 I, 552, 554, 555, 590 and 591. Each of these precincts is located east of Collier Boulevard (CR95 I). All costs related to placing the straw ballot referendum language on the general ballot including but not limited to the cost of translating the ballot into Spanish shall be borne by the Petitioner in CP-2008- 1. The straw ballot language to be adopted and transmitted to the Collier County Supervisor of Elections is depicted below: Agenda Item No. 16K7 February 9, 2010 Page 2 of 7 Golden Gate Area Master Plan Amendment Boulevard/Golden Gate Boulevard Shopping Center Wilson Should the Golden Gate Area Master Plan be amended to permit a :t40 acre commercial shopping center, consisting of up to 190,000 square feet of gross leasable floor area in single story buildings located at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard, that may include outparcels, inline stores, drive- through shopping services, and whose first occupant must be a minimwn 27,000 square foot supermarket? Yes No FISCAL IMPACT: The principal costs associated with the Resolution and the corresponding ballot question is being born solely by the applicant for the CP-08-01 GMP amendment. GROWTH MANAGEMENT IMPACT: There is no direct impact of the straw ballot question on the GMP, but ultimately if the CP-08-01 is approved the amendment would alter the existing Golden Gate Area Master Plan (GGAMP) by allowing for Community Commercial development within the Sub- District. Currently the GGAMP only provides for the development of limited Neighborhood Commercial development LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. RECOMMENDATION: That the Board of County Commissioners approve the Resolution directing the Supervisor of Elections to place a straw ballot referendum concerning an amendment to the Golden Gate Area Master Plan for an up to 190,000 square foot commercial district on the November 2,2010, ballot for the general election. Prepared by: Mike Bos~ AICP, Manager, Comprehensive Planning Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16K7 February 9,2010 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K7 Recommendation to approve a Resolution directing the Supervisor of Elections to place on the November 2, 2010 general election ballot for Precincts 551, 552, 554, 555, 590 and 591 the question of whether the Golden Gate Area Master Plan should be amended to allow for up to a 190,000 square foot commercial development, as requested by comprehensive Plan Amendment 08-01. 2/9/20109:00:00 AM Date Prepared By Mike Basi, AICP Community Development & Environmental Services Manager. Planning Comprehensive Planning 1/29/20104:46:38 PM Approved By Date Scott R. Teach County Attorney Deputy County Attorney County Attorney 2/1/201011:13 AM Date Approved By Jeff Klatzkow County Attorney 2/1/20101:04 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 2/1/20103:43 PM Date Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 2/1/20107:19 PM Date Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 2/2/2010 8:46 AM Agenda Item No. 16K7 February 9,2010 Page 4 of 7 RESOLUTION NO. 2010- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DIRECI1NG THE COLLIER COUNTY SUPERVISOR OF ELEcrIONS TO PLACE A STRAW BALLOT REFERENDUM CONCERNING A PROPOSED AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN ON THE NOVEMBER 2, 2010, BALLOT FOR THE GENERAL ELECfION. WHEREAS, on January 19, 2010, at a 200712008 Cycle of Growth Management Plan Amendments (including a 2009 Petition) Transmittal Hearing, the Collier County Board of County Commissioners voted to indefinitely continue Petition CP-2008- I and to place that proposed amendment to the Golden Gate Area Master Plan, which seeks to create an Estates Shopping Center Sub-district at the intersection of Wilson Boulevard and Golden Gate Boulevard, on a straw ballot referendum to be voted upon by the adjacent residents of Golden Gate Estates at the November 2, 2010, general election; and WHEREAS, Section 125.01(IXY) of the Florida Statutes authorizes County Commissioners to "place questions or propositions on the ballots at any primary election, general election, or otherwise called special election, when agreed to by a majority vote of the total membership of the legislative and governing body, so as to obtain an expression of elector sentiment with respect to matters of substantial concern within the county;" and WHEREAS, Collier County voter precinct numbers 551, 552, 554, 555, 590 and 591 are located east of Collier Boulevard (CR 951) and adjacent to the proposed shopping center location and encompass those residents that would be most directly impacted by the proposed amendment; and WHEREAS, the ballot language for said straw ballot referendum needs to be adopted and transmitted to the Collier County Supervisor of Elections; and WHEREAS, the Board finds that it is lawful and in the public interest to call for the straw ballot referendum and direct the Collier County Supervisor of Elections to take appropriate action with respect to this Resolution. Agenda Item No. 16K7 February 9, 2010 Page 5 of 7 NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. The Supervisor of Elections is hereby directed to include within the ballot for the November 2, 2010, general election the following straw ballot referendum language: Golden Gate Area Muter Plan Amendment - Wilson Boulevard/Golden Gate Boulevard Shopping Center Should the Golden Gate Area Master Plan be amended to permit a ;t40 acre commercial shopping center, consisting of up to 190,000 square feet of gross leasable floor area in single story buildings located at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard, that may include outparcels, inline stores, drive-through shopping services, and whose first occupant must be a minimum 27,000 square foot supermarket? Yes No Section 2. The Supervisor of Elections is hereby directed to include the above straw ballot referendum language on the ballots of registered voters for the following precincts: Voter Precinct Numbers: 551,552,554,555,590 and 591 A copy of the Collier County Precinct Map indicating the locations of those Precincts is attached hereto. Section 3. The Supervisor of Elections shalI provide any and all notices required by the Florida Election Code in connection with placing this straw ballot on the November 2, 2010, general election ballot Section 4. All costs related to placing the straw ballot referendum language on the general ballot including but not limited to the cost of translating the ballot into Spanish shall be borne by the Petitioner in CP-2008-1. Section 5. The Board of County Commissioners hereby directs the Clerk of Court to deliver, or cause to be delivered, a certified copy of this Resolution to the Supervisor of Elections upon adoption and execution of this Resolution. 2 Agenda Item No. 16K7 February 9,2010 Page 6 of 7 TIns RESOLUTION ADOPTED after motion, second, and rrngority vote favoring same, this _th day ofFebruary, 2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman orm and legal sufficiency: 3 .. Agenda Item No. 16K7 February 9, 2010 Page 7 of 7 :I.! "'+- ~- z '" (") g " iii' ""I ""I ~ iO _.0 j ,C A:::I ......:;: 3:- 01 " "t:l - o "'!'I c: ,01