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Ordinance 2007-83 ~\ '2-"\ 22 iT3,:;-, <<7' lit. "<2,'::-\ "r ') ,) \ "'6' DEe 1001 ~\ ~tbtNt~ } '" -, .'1 r- ._ ['-. , '''\ f;" -'."~'(?, .,,(; \, '-. ~_~~.~ 99 ti ,,--,1... ORDINANCE NO, 07- 83 AN ORDINANCE AMENDING ORDINANCE NO, 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, -::-- ~ (~J ~ . ~ .'\ \ \..:;. ~--) J . . 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 1 0, 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, D. Wayne Arnold of Q. Grady Minor and Associates requested an amendment to the Golden Gate Area Master Plan, to modify the Conditional Uses Subdistrict, Special Exceptions to Conditional Use Locational Criteria provision, to allow a church as a Conditional Use for the subject site, for property located on the south side of Immokalee Road and approximately 300 feet east of Oakes Boulevard, in Section 29, Township 48 South, Range 26 East, consisting of :1::2.6 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, 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 public hearings concerning the adoption of the Golden Gate Area Master Plan, 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 WHEREAS, all applicable substantive and procedural requirements of law have been met. Words underlined are additions; words e;trl,Jsl~ t1'lrsl,J[lh are deletions 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, 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND~L Y ADOPTED by the Board of County Commissioners of Collier County, Florida this Lf day of .DLu,,,.JL'~2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FRIDA Q.C . BY: Attest ., to CNtl'tllll , ItgftltUl"t~l. ES COLETTA Chairman Approved as to form and legal suffiency: -~ Marjor' M. Student- tirling Assistant County Attorney Petition CP-2006-4 Golden Gate Area Master Plan This ordinonce filed with the Secretory of Stote's Office the ~ doy of Otwoo~ , 'lIrsi and acknowledgement of that filing received this :z.1~ day Of\)W:r~~~ y ~puty Cltlr Words underlined are additions; words e:lrl,Jck throl,J[lh are deletions 2 Exhibit A CP-2006-4 GOLDEN GATE AREA MASTER PLAN: 2. ESTATES DESIGNATION A. Estates - Mixed Use District 3. Conditional Uses Subdistrict e) Special Exceptions to Conditional Use Locational Criteria: [revised text, page 33] L Temporary use (TU) permits for model homes, as defined in the Collier County Land Development Code, may be allowed anywhere within the Estates-Mixed Use District. Conditional use permits submitted for the purpose of extending the time period for use of the structure as a model home shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be allowed anywhere within the Estates-Mixed Use District. Temporary Use permits for model homes shall have a duration of three (3) years from the date of approval. No subsequent issuance of a Conditional Use permit shall be for a duration exceeding two (2) years, The total time period for Temporary Use and Conditional Use permits together shall not exceed five (5) years, 2. Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District. 3, Conditional Use for a church or olace of worshio. as orovided for in the Estates zonina district. is allowed on Tract 22. Golden Gate Estates. Unit 97. Words underlined are added; words strusk through are deleted. 1 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 2007-83 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,~lerk Ex-officio to Board','of.. County Commissioners //j; -- " .'; / 1 '.' ". i 'Y~C/--l'~'v~-- v ' ( / By: Martha Vergara, Deputy Clerk