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Ordinance 2007-76 ~021<< /A 'Xv <.' /"," .f. V-",V 'I.J~ ~ /; DEe 2007 ~ (\~, RECE/VED >> ORDINANCE NO. 07-~ \~. ",<<"/AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS \~"~j ,-Cv~/ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT "<:,.9SPSZ\'~/ PLAN FOR THE UNINCORPORATED AREA OF COLLIER - COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 1-' r-: C""J . ) "'1 , ) WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., 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, Michael Fernandez of Planning Development, Inc., requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map Series to expand 'Wilson Boulevard/Golden Gate Boulevard Neighborhood Center", to allow approximately 60,000 square feet of medical and professional offices and medical related uses, for property located at the southeast corner of Golden Gate Boulevard and 1st Street SW, in Section 9, Township 49 South, Range 27 East, consisting of 7,x acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on August 6, 2007; 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 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 a publiC hearing concerning the adoption of the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to the Growth Management Plan on December 4, 2007; 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 meeting of the Collier County Planning Commission held on November 26, 2007, and the Collier County Board of County Commissioners held on December 4, 2007; and Words underlined are additions; words e:trllsl< tt:1rslol€lt:1 are deletions 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 AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts the 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. 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., 3'd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 'If/, day of &U1>\I~\. 2007. , ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRO OK, 0'", OOlJ.lMIDA ~".to~~"L<lY ~ 'u .... JA COLETTA Itgllltur't OIlh, Chairman Approved as to form and legal suffiency: This ordinance filed with ~h', Secretary of Stnte's Office '\ ~A;' ~./l:b,ull;d.-~ ~dayofn."'.W,,~7 M~ M. Student-Stirling r --.~ and acknowledgement at th,,1 Assistant County Attorney filing received this ~ d<JY Of~~c.1~ D4puty Cl.,'f..) Petition CP-2005-2 Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series. Words underlined are additions; words Etrlolsk tt:1rslol€lh are deletions 2 Exhibit A CP-2005-2 GOLDEN GATE AREA MASTER PLAN 2. ESTATES DESIGNATION A. Estates - Mixed Use District 2. Neighborhood Center Subdistrict b) Locations [18t bullet] [revised text, page 28] . Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all four quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right-of- way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant of the Center is approximately 4.98 acres in size and consists of Tract 144, Unit 11 of Golden Gate Estates. The SW quadrant of the Center is approximately 4,8e 11.78 acres in size and consists of Tracts 124. 125, and the north 150 feet of Tract 126. Unit 12 of Golden Gate Estates. *****.********************************************************************************************** c) Criteria for land uses at the centers are as follows: [3rd bullet] [revised text, page 28] . Parcels immediately adjacent to commercial zoning within the Neighborhood Centers located at the intersections Golden Gate Boulevard and Wilson Boulevard lexcludina the SW auadrantl, Golden Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Uses Subdistrict of this Master Plan Element. **************************************************************************************************** [new final bullet] [revised text, page 31] . The followina additional restrictions and standards aoolv to Tract 124 and the north 150 feet of Tract 126. within the southwest auadrant of the Wilson Boulevard and Golden Gate Boulevard Center: a. Commercial uses shall be limited to the followina: 1. medical offices and clinics and orofessional offices. exceot survevors: and. 2. medical related uses. such as a wellness center. Words underlined are added; words utrusk through are deleted. 1 Exhibit A CP-2005-2 b. The ordinance rezonina this property to allow commercial uses shall include the followina reauirements: 1. no less than sixtv (60%) percent of the aross sauare footaae shall be desianated for medical offices and clinics: and. 2. oarkina for the entire oroiect shall be that reauired for medical office or clinic use bv the Land Develooment Code (Ordinance #04-41. as amended). so as to allow 100 percent medical office use. c. Parkina lot liahtina shall be restricted to bollards exceot as mav be reauired to como Iv with liahtina standards in the Land Develooment Code (Ordinance #04-41. as amended) and other aovernina reaulations. d. The Neiahborhood Center boundaries of this auadrant shall not be further exoanded. **************************************************************************************************** Policy 5.1.1 [revised text, page 11] Consistent with public safety requirements, street, recreational and structure lighting within Golden Gate Estates shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. In implementing this Policy, the County shall apply the following standards: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. 2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. c. This oolicv shall not aoolv to Tract 124 and the north 150 feet of Tract 126, Unit 12. Golden Gate Estates. located in the southwest auadrant of the Wilson and Golden Gate Boulevards Neiahborhood Center. Words underlined are added; words strusk tllreugll are deleted. 2 EXHIBIT "A" MAP 10 CP-2005-2 w]LSON BOULEVARD/GOLDEN GATE BOULEVARD CENTER Collier County, Florida IMMOKALEE SUBJECT SITE CP-2005-2 LEGEND ADOPTED - SEPTEMBER 10. 2003 Ord. No. 2003-44 ~ GOLDEN GA TE ~ SETTLEMENT ESTATES AREA D NEIGHBORHOOD CENTER NTS PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERV1CES DIVISION FilE: GGMP-4J-2007.DWG QA TE: 12/2007 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 2007-76 Which was adopted by the Board of County Commissioners on the 4th day of December, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of December, 2007. DWIGHT E. BROCK Clerk of Courts and'Clerk Ex-officio to Board of County Commissiqners ,. -~i/~y~ By: Martha verUa, Deputy Clerk