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Ordinance 2007-77 " ,/--,;';;i2324<5 / 'pv <'6' ,l~) "'> , ~ ", .a, ~&~ ~\~ I\.~~ (,J ~\; ~ ORDINANCENO.07-~ ~ ",,"/ AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS . " r:,'<J'V/ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT ': G" t <) 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 AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE I'm ._ _I , '.-) _.0 ~ . 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, Margaret Perry of Wilson Miller, Inc., and Richard Yovanovich, Esq., of Goodlette, Coleman and Johnson, 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 create the "Golden Gate Parkway Institutional Subdistrict", to allow for the expansion and continued operation of the David Lawrence Center and the Parkway Community Church of God, and, to allow additional institutional and related uses, for property located on the north side of Golden Gate Parkway, specifically Tracts 43, 50, 59 and 66, Unit 30, Golden Gate Estates, located in Section 29, Township 49 South, Range 26 East, consisting of 16.3:t 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 documents 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 November 26, 2007, and the Collier County Board of County Commissioners held on December 4, 2007; and Words underlined are additions; words 8trllGk tt:lr911~t:I 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 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: SEVERABI L1TY. 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this Ljfl. day of l1um, {;.<,A"" 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ~~=RO~~:LUE~';~ Attnt IS to C1tI~<-i ~~~rman 0 ItonatW. on1- Approved as to form and legal suffiency: This ordinance filed with the Secretory of Stote's Office the ~ day of n-_",-, '2Do; and acknowledgement of that filing received this 2JSl,:0 Of~ ,').QO~" ,," " y By J. r'tI., , Deputy,' r ~"J' 1rr1.~d~d !J:r;w-'~~A Marjori . Student- tirling ,- ---0 Assistant County Attorney Petition CP-2005-6 Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series Words underlined are additions; words e:trllGk throll~h are deletions 2 Exhibit A CP-2005-6 GOLDEN GATE AREA MASTER PLAN Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES - MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Golden Gate Parkwav Institutional Subdistrict [new text, page 4] **************************************************************************************************** 2. ESTATES DESIGNATION A. Estates - Mixed Use District 3. Conditional Uses Subdistrict b) Golden Gate Parkway and Collier Boulevard Special Provisions: [2nd bullet] [revised text, page 32] . 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. exceot as oermitted within the Golden Gate Parkwav 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. **************************************************************************************************** 4. Golden Gate Parkwav Institutional Subdistrict [new text, page 33] This Subdistrict is soecific to Tracts 43. 50. 59. and 66 of Golden Gate Estates Unit 30. and includes four oarcels of land containina aooroximatelv 16.3 acres. located on the north side of Golden Gate Parkwav. east of 1-75 and west of Santa Barbara Boulevard. The intent of the Golden Gate Parkwav Institutional Subdistrict is to orovide for the continued ooeration of existina uses. and the develooment and redevelooment of institutional and related uses. The Subdistrict is intended to be comoatible with the neiahborina residential uses and will utilize well-olanned access ooints to ensure safe and convenient access onto Golden Gate Parkwav. The followina institutional uses are oermitted throuah the conditional use orocess within the Subdistrict: a. Churches and other olaces of worshio. b. Grouo care facilities (Cateaories I and Ill. [Words underlined are added. Words smwk IllrsHgR are deleted.] 1 Exhibit A CP-2005-6 c. Nursina homes and assisted Ijvina facilities associated with the David Lawrence Center. d. Essential services as set forth in Section 2.01.03 of the Collier Countv Land Develooment Code. Ordinance Number 04-41. as amended. e. Private schools associated with the David Lawrence Center or Parkwav Community Church of God. for Tracts 43. 50 and 59 on Iv. f. Dav care centers associated with the David Lawrence Center or Parkwav Communitv Church of God. g. Medical offices associated with the David Lawrence Center. [Words underlined are added. Words struell HlfBlIglI are deleted.] 2 Tl<IS..APCANNOTaEINTERPRETt:OVIITHOUTTHfGOAlS. OaJECT'I'I:S, POLlefs AND LAND USE DESIGNAnOl'l DESCRIPTION SfCTION Cf" THE GOlDEN GATt: AR~A ..ASTt:R PLAN . . . Gil D . . . . ~II_~ en ~ .,. E- en 0 < 0> 0 .,. ~ E- ~ ~ ~ o ~ ? ~ ~ ~ :;: LEGEND INfILLCO,"MERCIAL AcnlnTYCENTER GOLDEN GATE PARKWAT PROFfSSlONALOFFICE COM,"ERCIALS\JeOlSTR<CT SANTA 8AP8AR~ CO!.l,"ERCIAlSUBOISTRICT UR8ANRESODENTIAi. PANOALL80ULEVARO CO!.l,"ERCIALSU8DISTRICT PIN(RIOGEROAO ~Ixm USE SUBOISTRICT WESTERN ESTATES INflLLsuaDISTRICT GDlD(NCATfPARKWAT 'NSTITLJTlONALSUSOISfRICT INTEPCHANCEACTlInTYCENTfR AS OESCR'8ED IN CQlJNTT ~DE COMPRH!EN$II'I: PLAN EXHIBIT A MAP 2 CP-2005-06 D D . . . o GOLDEN GATE AREA FUTURE LAND USE MAP Se:TTL(,"(~f AREA GOLDENGATf ESTATES NRPAOYERLAt NAPLES IMMOKALEE ROAD DOWNTO~CENTER COt,l,"EflCIALSu80'STRICT COlLIER BOUllIIARD COt,l~ERCIAL SUBDISTRICT NEIGti60RHOOD CENTERS .... I . \ I ,... RESIOENTlAL DENS,TYBAND ~ < > ~ o ~ OIL WELL ROAD ~ NAPLES IMMOKALEE ROAD BOULEVARD PIN R1DO RD / "1IIl_ItO""P .1I1D~ '~llICt SUBJECT SITE ICP-2005-061 < . ~IlCI.u. W1!,n:IIft..u.,,,, 0 ...........IQITlIlCT ~ . . ~ ... !i RANDALL =:~T~..r=:~r <( C_RCl""L _lWCT ~ < DA VIS BOULEV ARD rtl S,R.-84 "'& ":11"" ~ ~+. <, -l,. ~ ~/< QOlOIMQ""n FUTUII!UMDUUMU AOOPTED FEaRu...RY, 1~9' ...M(NOm MAY'9, 1991 .....ENOED UAY .~. 1993 AMENDED JUI.YU 1993 'MENDED >.PRill,. ,gg. "'MENDED ,.APCH ". ,~~~ AMeNom OCTOBER " '997 AMENom 'PRill<. '9ge en "'MtNOm SEPT(MeERe 19ge - '''ENO<O FEaRojARY2:J, 1999 ~ ,.Ayg >000 AME"OEO E- Ao.lENOEO MARCH 'J.1001 ...M[NOEO o.lAY'4, '00' A.-ENOEO Stprr..aER 10.2003 ~o " 2003_.. 'M(NDt:O oc'oat~ " 200. GRD.NO 20G~~71 A..ENDED JAN...-Afiy25 ;>OO~ ORO.NO 1005-0 " RANDALL BOUlEVARD CO....aclAl SUBDI8TRICT ~ 3 ~ " GOLDEN GATE BOULEVARD INTERSTA.TE_76 Q ~ < Q ~ ~ ~ < ~ > " ... ~ 0 . ~ 0 < ~ ... 0 ~ ~ " > 0 " en o ~ E- Q ~ < > " ... ~ 0 ~ ~ ~ ~ " " ~ ... 0 U ! c , '"' '" PREPARCO ay GRAPf<'CS ANO TECHNICAL ~ojPPOIH 5ECTIO.. <::OI.ll.OUNITV O['-I':LOPM~"T ANO E"lnRONMtN TAL ,;[R,,"ces OIV<~ION F'LE. CP-200~-06.0WG OAIT: '2!?007 R 26 E R 27 E R 28 E 9 8 N .. (J z o E .... w a. <( .... iii ~ E- C,,) ...... ~ E- r:J'J ...... o r:tI :;:J r:J'J ....:l <: z o ...... E- :;:J E- ...... E- r:J'J Z ...... ;;... <: ~ ::s:: ~ <: i:l.. "" E- <: " z "" o ....:l o " ---&1-- ",-- ~ ' ,n n v ~ ~ Cii~ , ~ ....1Il u8 -!!}<.)L--- ml1. -- :)u ' ~-~-- ~ i ------~ : L---e---- " __ I 0--- ,--- I {:' " "O? i ~---~- -j ~ I , , v -I I I __-.a.._.. I ---I I r--=- ---I L__ N ----I - I :_.__~.~.___ 1$ 4+69"- f- U i'" 0 (f) Z 0 CD "" ::> " (f) "" ~ ....:l I = , .. t 8 ~ ~ t U ~ 8 N 0 z o '" z~ 00 ,,~ Uw i!iu 5 ~~ 15i!i itJ ,,~ ~z" JW;o <~q ~~~ z~o 05=1 wz'" ~wo o OON zzl ...." ~~u UZ .. _ww ~2J ~~~ 15J ..~~ ~og o~~ W-N ~z_ .." ~I~ ~o.. "uo 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 2007-77 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 Commissioners '~/ti;J~ I ' By: Martha Verg~a, Deputy Clerk