Ordinance 2008-56
ORDINANCE NO. 08-~
N ORDINANCE AMENDING ORDINANCE
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 "-~
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WHEREAS, the Collier County Board of County Commissioners adoptecJ-ttre eellier
County Growth Management Plan on January 10, 1989; and ....: " ~ ~'11
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WHEREAS, the Local Government Comprehensive Planning and Land q~~~lopmentj
Regulation Act of 1985 provides authority for local governments to amend their::"espEi.~ive.__"
comprehensive plans and outlines certain procedures to amend adopted compreh~q$Lve plans "oJ
(,.)
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and ',.~.::J
WHEREAS, Dwight Nadeau of RWA, Inc., requested an amendment to the Golden Gate
Area Master Plan, to change the Conditional Uses Subdistrict by adding the subject site as an
exception to the conditional use locational criteria so as to allow expansion of the existing
church use on the adjacent property onto the subject property, located on the west side of Santa
Barbara Boulevard, 1/3 mile north of Golden Gate Parkway (CR 886), in Section 29, Township
49 South, Range 26 East, Collier County, Florida consisting of 3.54f: acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on May 12, 2008; 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 a public hearing concerning the adoption of this
amendment to the Golden Gate Area Master Plan to the Growth Management Plan on October
14, 2008; 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
meetings of the Collier County Planning Commission held on August 19, 2008, August 29, 2008
and September 18, 2008, and the Collier County Board of County Commissioners held on
October 14, 2008; and
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, in accordance with Section 163.3184, Florida Statutes, The text of the
amendment is attached hereto as Exhibit "A" and is 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.
EXHIBIT A
CP-2006-5
Golden Gate Area Master Plan:
[pages 42, 43]
e) Special Exceptions to Conditional Use Locational Criteria:
1. 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 place of worship as allowed in the Estates
zoning district is allowed on Tract 22, GGE Unit 97.
4. Conditional Use for a church or olace of worshio as allowed in the Estates
Zonina District is allowed on the north 180 feet of Tract 107. Unit 30.
Golden Gate Estates. Church-related day care use shall not be allowed.
Develooment shall be limited to a maximum of 12.000 sauare feet of floor
area.
CP-2006-5 Exhibit A Adoption - as approved by BCC
G:IComprehensiveIComp. Planning GMP DATAIComp. Plan Amendmentsl2006 Cycle PetitionsICP-2006-5 GGAMP CU church expansionlExhibit A
dw/10-15-08
Words underlined are added; words struok through are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this /t../jJ! day of (11-01,<< 2008.
ATTEST:
DWIGHT E. BRbcK, Clerk
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Apprq'{~c;tf as ~d form and legal suffiency:
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r~l Marjorie M. Student-Stirling
Assistant County Attorney
Petition CP-2006-5 - Golden Gate Area Master Plan
BOARD OF COUNTY COMMISSIONERS
COLLlEJTY~FL RI~A
BY: :JfJt.
TOM HENNING, CHAIRMAN
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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 2008-56
Which was adopted by the Board of County Commissioners
on the 14th day of October, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of October, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissione:t;:',5l;; .
CUNu.
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By: Ann Jennej=phn,
Deputy Clerk
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