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Agenda 07/22/2008 Item #16A17Agenda Item No. 16A17 July 22, 2008 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners to direct staff to add to the existing GMP amendment petition CPSP- 2006 -13 the revision of an acreage figure in the Golden Gate Area Master Plan pertaining to the Center Point Church Conditional Use, and text recognizing two existing exceptions to Conditional Use locational restrictions. OBJECTIVE: For the Board of County Commissioners (BCC) to consider directing staff to add a proposed amendment to the 2006 cycle of amendments to the Collier County Growth Management Plan (GMP). CONSIDERATIONS: Staff has become aware of an erroneous acreage figure in the Golden Gate Area Master Plan ( GGAMP). Research reveals the County listed an incorrect acreage figure during a County- initiated GMP amendment in 2004, as explained below. Also, staff is aware of an apparent conflict in text that restricts the location of Conditional Uses in Golden Gate Estates and text that sets forth two exceptions to that restrictive text. During the first phase of the GGAMP Restudy -based GMP amendments, an exception to a prohibition on conditional uses for parcels not bounded by conditional uses on two or more side yards (an infill provision) was included as part of the Golden Gate Parkway and Collier Boulevard special provisions under the Conditional Uses Subdistrict for the existing Conditional Use (Grace Bible Church n /k/a Center Point Community Church and related facilities), and this exception allowed the church use to expand, but not exceed 21 acres, between 66`h Street S.W. and 64`" Street S.W. Subsequently, during the second phase of GGAMP Restudy -based GMP amendments, the infill provision was deleted and the paragraph containing the exception for the Grace Bible Church was proposed for minor text changes. At the Planning Commission meeting held on May 20, 2004 to consider the second phase of the GGAMP Restudy -based GMP amendments, the Planning Commission recommendation was for staff to "look at adjusting Conditional Use for Grace Bible Church to omit the east 5 acres. ". Based upon review of the hearing transcript, staff concludes the basis for the Planning Commission recommendation was a public speaker's indication that the owner of the five acres east of the church's ownership did not give consent to include such parcel in the 21 -acre church expansion area. As a result of the Planning Commission recommendation, staff changed the acreage from 21 acres to 8.21 acres (there were /are two ±5 -acre parcels east of the church's ownership) and the Board of County Commissioners approved this change without discussion. However, the church owned approximately 9.21 acres instead of 8.21 acres. Therefore, staff is now seeking authorization to add an amendment to the 2006 cycle of GMP amendments to correct this acreage figure to reflect the church's ownership. This request is made now, after transmittal hearings so that the amendment would only be heard at adoption hearings for the 2006 cycle of GMP amendments, because the church is now seeking a Conditional Use to allow expansion onto the balance of their property to include all ±9.21 acres. The paragraphs to be amended are shown below. b) Golden Gate Parkway and Collier Boulevard Special Provisions: • Conditional uses (except essential services, as described in Paragraph a), above) shall not be permitted on those parcels immediately adjacent to the west side of Collier Boulevard within the Agenda Item No. 16A17 July 22. 2008 Page 2 of 3 Estates Designated Area unless the parcel is directly bounded by conditional uses on two (2) or more side yards with no intervening rights -of -ways or waterways. [Amendment. insert exception for paragraph 2., below] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, there shall be no further conditional uses for properties abutting Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict. Further, no properties abutting streets accessing Golden Gate Parkway within the above - defined segment shall be approved for conditional uses. This provision shall not be construed to affect the area described in Paragraph a), above. [Amendment. insert exception for paragraph 1., below] In consideration of the improvements associated with the proposed interchange at Interstate 75 and Golden Gate Parkway, the existing conditional use (church and related facilities) located at the southeast corner of Golden Gate Parkway and 66`" Street S. W. maybe expanded in acreage and intensity along the south side of Golden Gate Parkway to the east of 66'" Street S.W., but the total project area shall not exceed 8.21 acres (see Map 15). [Amendment., revise the acreage figure] 2. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict, on the west side of Collier Boulevard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional use designation. FISCAL IMPACT: The fiscal impact to Collier County is minimal, just the staff time to add this amendment to the existing petition CPSP- 2006 -13. LEGAL CONSIDERATIONS: The decision of the Board to direct Comprehensive Planning Staff to proceed with the above - referenced Growth Management Plan amendment is a policy decision. However, it should be noted that the previous decision of the Board to adopt the prior plan amendment discussed above was based upon staff error. This item is legally sufficient for Board action. (MMSS) GROWTH MANAGEMENT IMPACT: If the BCC grants the requested authorization, the proposed amendment will be drafted by staff and incorporated into the 2006 GMP amendment cycle during which this amendment will be heard and vetted through the required advertised (adoption) public hearings before the Collier County Planning Commission and BCC, scheduled for August and September 2008. STAFF RECOMMENDATION: That the BCC authorize staff to add the proposed amendment to the 2006 cycle of GMP amendments. PREPARED BY: Beth Yang, Principal Planner Comprehensive Planning Department, CDES Division Page 1 of 1 Agenda Item No. 16A17 July 22, 2008 Page 3 of 3 file: / /C: \AgendaTest \Export\ 111- July %2022, %202008\ 16. %2000NSENT %20AGENDA \1... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A17 Item Summary: Recommendation to the Board of County Commissioners to direct staff to add to the existing GMP amendment petition CPSP - 2006 -13 the revision of an acreage figure in the Golden Gate Area Master Plan pertaining to the Center Point Church Conditional Use, and text recognizing two existing exceptions to Conditional Use locational restrictions. Meeting Date: 7122/2008 9.00:00 AM Prepared By Beth Yang Principal Planner -MPO Date Transportation Services Transportation Planning 711012008 9:06:34 AM Approved By Comprehensive Planning Department Randall J. Cohen Director Date Community Development & Comprehensive Planning 711012008 9:12 AM Environmental Services Approved By Marjorie M. Student - Stirling Assistant County Attorney Date ` County Attorney County Attorney Office 7110/2008 4:28 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 7111(2008 8:26 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/1412008 10:08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/2008 10:24 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7/14!200812:17 PM Commissioners file: / /C: \AgendaTest \Export\ 111- July %2022, %202008\ 16. %2000NSENT %20AGENDA \1... 7/15/2008