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Ordinance 99-17 ORDINANCE NO. 99 - 17 AN ORDINANCE AMENDING THE GOLDEN GATE AREA MASTER PLAN OF ORDINANCE 89-05 AS AMENDED, THE' ,IT ~,~ ~::~% COLLIER COUNTY GROWTH MANAGE[GENT PLAN, FOR TI-I'~'~, "" ~ UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA~"~ ,-~ ~,~>%~'~ TO AMEND THE GOLDEN GATE AREA MASTER PLAN BY~,~ ~ '~:?;'~,,~ ADDING A NEW DISTRICT ENTITLED SANTA BARBARA~:~,~ THE GOLDEN GATE AREA MASTER P~N TO SHOW SAID DISTRICT; AND BY AMENDING THE GOLDEN GATE AREA MASTER PLAN FUTURE ~ND USE MAP TO SHOW SAID DISTRICT; PROVIDING FOR SEVE~BILI~; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier Count, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Govemment Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier CounW Board of Coun~ Commissioners adopted the Collier Coun~ Gro~h Management Plan on Janua~ 10, 1989; and ' WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authori~ for local governments to amend their respective comprehensive plans and outlines cedain procedures to amend adopted comprehensive plans pursuant to Sections 163.31~ and 163.3187, Florida Statutes; and WHEREAS, the Collier Coun~ Planning Seaices Depadment has submi~ed an amendment to the Golden Gate Area Master Plan by creating a new district entitled "Santa Barbara Commercial District"; WHEREAS, Collier Coun~ did submit this Gro~h Management Plan amendment to the Depadment of Communi~ Affairs for pmlimina~ review on October 13, 1998; and WHEREAS, the Depadment of Communi~ Affairs did review and make written objections to this Golden Gate Area Master Plan amendment to the Gm~h Management Plan and transmitted the same in writing to Collier Coun~ within the time provided by law; and WHEREAS, Collier Coun~ has 60 days from receipt of the written objections from the Depadment of Communi~ Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Gro~h Management Plan; and WHEREAS, the Board of Coun~ Commissioners of Collier Coun~ did take action in the manner prescribed by law and did hold public hearings concerning the adoption of this Golden Gate Area Master Plan amendment to the Gro~h Management Plan on Februa~ 23, 1999; and WHEREAS, Collier Coun~ has gathered and considered additional information, data and analysis suppoding adoption of this amendment to the Golden Gate Area Master Plan, including the following: the Collier Coun~ staff mpod; the Notice of Proposed Change application; the document entitled Collier Coun~ Gro~h Management Plan ~endment (CP-98-04) and the other documents, testimony and information presented and made a pa~ of the record at the meetings of the Collier Coun~ Planning Commission held Februa~ 4, 1999, and the Collier Coun~ Board of Coun~ Commissioners held on Februa~ 23, 1999; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUN~ COMMISSIONERS OF COLLIER COUNt, FLORIDA, that: Words underlined are additions; Words :tr-'-'ck thrc'JGh are deletions SECTION ONE: ADOPTION OF AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts this amendment to the Future Land Use Map of the Golden Gate Area Master Plan and the amendment to the Land Use Designation Description Section of 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 the amended Map 4-A of the Golden Gate Area Master Plan and Future Land Use Map of the Golden Gate Area Master Plan are attached hereto as Exhibits "B" and "C", respectively, all of which 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 to the Golden Gate Area Master Plan shall be the ' date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ,, ,": .C_._. BY: Attest. Ci alman's Chairwoman MA~JO~E M. STU~NTF ' Assistant Coun~ Attorney CP-98-04 Adoption Ordinance Words underlined are additions; Words ctr','ck thrc;Gh are deletions EXHIBIT "A" AMENDING GOLDEN GATE AREA MASTER PLAN, PAGE 22 AND ADDING NEW MAP 4-A AND AMENDING GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP 5. Santa Barbara Commercial District The intent of this Subdistrict is to provide Golden Gate City with additional opportunities for small scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other ' development standards. The types of uses permitted are low intensity retail, offices, personal services, and institutional uses, such as churches and day care centers. This Subdistrict is intended to promote commercial development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity, existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within one additional year. This requirement to cease existing residential uses does not apply to owner-occupied dwelling units. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffering requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does not preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of 1 acre. 7. Encouragement of shared access. A 8. Encouragement of pedestrian traffic by requiring sidewalks and requiring adjacent projects to coordinate location of sidewalks. 9. Building height limitation of two stories maximum. 10. Signage restrictions. 11. Variance provision applicable to the above items, except Number 4." Words underlined are additions; Words str'--'ck thrc=gh are deletions EXHIBIT B MAP 8AN2'A BARBAR~ COMM$1~IA~ 95 1ts, 117 Words underlined are additions; Words ~* .... b ,k .....k are deletions EXHIBIT C !XHIIlI' *'Ae oo~.,,, o^~ ^.,^ GOLDEN GATE AREA. ~m~.~ ~,,. ~.~ ~ FUTURE LAND USE MAP LEGEND {~LI,IER COUNTY, F~RIDA Words underlined are additions; Words :truck thr:',';h are deletions 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 copy of: ORDINANCE NO. 99-17 Which was adopted by the Board of County Commissioners on the 23rd day of February, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk-- Ex-officio to Board of '-~ County Commissioners ..%~k By: Lisa Steele, , ~i~j..~ Deputy Clerk