Loading...
Ordinance 2010-31 ORDINANCE NO. 10-11 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: AN ~:" 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. .:J ':/' ""'" ,-;? ""'\ \ -5-. ",~; ,:(:'> " '.' \ '':. ,-4"\ c.;J-.. \ -? . ''''::?#'' ~~. .-" ~:.:\.rr .. - '8 .' ...f\ " :) 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 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, Robert L. Duane of Hole Montes and Associates and Rich Y ovanovich, of Coleman, Y ovanovich & Koester, 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 Mission Subdistrtict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (C.R. 858), 1,4 mile west of Everglades Boulevard in Section 19, Township 48 South, Range 28 East, consisting of 21. 72:t acres: and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27,2010; 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, of the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and Words underlined are additions; words struck through are deletions Golden Gate Area Master Plan Petition CP-2007-3 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 transmittal and adoption of an amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series, of the Growth Management Plan; 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 June 15, 2010, and the Collier County Board of County Commissioners held on July 28,2010; 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 AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Golden Gate Area Master Plan and the 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. Words underlined are additions; words struck through are deletions Golden Gate Area Master Plan Petition CP-2007-3 2 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 28th day of Julv. 2010. ATTEST: DWIqUT' a a.RQCK, Clerk ~..",: ~.. :,.,..",~:~.....-:--;~.....,.~"D.....;~.I~.1..."'.:'. Q.( .. 'jr' " -. . . :"",' . , . .. . , :':: ','" ... .....'~ . -, "I 'ltTJt. "',' j-f". .~:..:-: -')~1' ': :;,~:;:,::;':'." BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '~w.~ BY: FRED W. COYLE, CHAIR AN Approved as to form and legal suffiency: , ~l' A GeO HeidI Ashton-Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words struck through are deletions Golden Gate Area Master Plan Petition CP-2007-3 3 CP-2007-3 EXHIBIT A 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 [Page 4] 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Use Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5. Mission Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** [Page 27] A. Estates-Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** [Page 33] 5. Mission Subdistrict The Mission Subdistrict is located on the south side of Oil Well Road. aooroximately one-auarter mile west of Everalades Boulevard. and consists of 21.72 acres. The ouroose of this Subdistrict is to orovide for churches and related uses. includina communitv outreach. The followina uses are allowed: a) b) Churches. . Child care centers - must be not-for-orofit and affiliated with a church within the Subdistrict. Private schools - must be not-for-orofit and affiliated with a church within the Subdistrict. Individual and familv social services (activity centers. elderly or handicaoted only: dav care centers. adult and handicaooed onJv) - must be not-for- rofit and affiliated with a church within the Subdistrict. Medical outreach to the communitv. to include activities such as administering influenza vaccine. checkina blood oressure. and conductina blood donation drives - must be not-for-orofit and affiliated with a church within the Subdistrict. c) d) e) Souo kitchens and homeless shelters are orohibited in this Subdistrict. The maximum total floor area allowed in this Subdistrict is 90.000 sauare feet. The maximum heiaht of buildinas shall be 30 feet zoned heiaht. exceot the worshio center 1 Words underlined are added; words strblsk thr-oblgh are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2007-3 shall be oermitted a zoned heioht of 35 feet. Develooment in this Subdistrict shall be desioned to be comoatible with the existino. and allowed future. develooment in the surroundino area. In the alternate to the foreooino uses. measures of develooment intensity. and develooment standards. this Subdistrict may be develooed with sinole familv dwellinos in accordance with the Residential Estates Subdistrict. Prooertv adiacent to this Subdistrict shall not oualify for the Transitional Conditional Use. *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map *** *** *** *** *** *** *** *** *** *** *** *** Golden Gate Parkway Institutional Subdistrict Mission Subdistrict CP'2007-3 Exhibit A per CCPC rec. and BCC approval for Transmittal G:IComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendmentsl2007.2008 Combined Cycle Petitionsl07-08 RESOLUTION .FINALIExhibit A Text and Map Changes. ALLlCP-07-3 Exhibit A Words underlined are added; words strUGk thr:ough are deleted. Row of asterisks (*** *** ***) denotes break in text. 2 EXHIBIT A PETITION CP-2007-03 LEGEND o~~!!, WIIAII DUlGlU.TIDII EITAn. Dl8I8IIATIOII AGlllCUl. TIIIALJIIUUL DE8IQNATIOII OllUlW.!IE1'UMDIfMUllIS1lIICT ow.....,. ,.,. -.cw. FIA~ GATE AREA USE MAP -::;:;> --- 0--- ... 00ISTl'llE'*DDfllAL ILIIDImICT II-"*" <ZNTU ~ SIIGSIIIl;T --- OIlE!lDDl1lALESf.lo'IUiIJIOS1IIICT COfD'I"IDNAI. UID ~ D~CDflOl...-rlllCT .==~ GOLDEN FUTURE LAND .., ."..... ta:IUIOt Ql\T[ arA'IDI 1l4'J.MA1.. UlIDCUIC(fI'IIlO1U:1JOIloW:AlMllLAY rJJ "'" ... E-o -- . MllC) vc ACfl\IITY ClNfP ..-...cr .~~COIMIlGAI. DSNlT"....".,.CCMlPIOAI.~ .=r~~ .c:olJJDt8lUS_ctMlVlaAlSUllDlS'lM:T ,... \ \ _/ -- -...... IJI-- -- D~~=..o~M~~ LAHII va: lLDENY II l)4( CIP.} ElPIN[_l'OMfIIlICOua:~ . INC/o\Ll JQ.U\IMD 0ClUWfJW:W.. ....nw:r lI~w.1tI O~~A1UCOMllaAI. IMMOKALEE ROAD lH!I-CoVIMDTII[,,~.1MOuT""COI.l.;S, ~l'Q,IQES_LAlDlJS[DaICIuITQI~llClN 1fC'IQlf1flHl:GClI.lIDtllA1(~WoSmIPU.IL rJJ ao ... E-o SUBJECT SITE CP-2007..Q3 \ OIL WELL ROAD IMMOKALEE ROAD i -< > i rJJ ." ... E-o RANDALL BOULEVARD i '" -< ~ " ~ 5 "I ... .. o 0. .. <: OOLDBIr QATB BOULBVARD i -< ~ ; > i I I 9A 84 '" .. -< ~ i ~ 0 ~ .. II! ~ ~ d :l i 8 III ~. S- f -< ... :z: DA VIB BOULEVARD;;j 9.R.84 rJJ Q 00 E-o _ ""R ..."... LAIIJ ..- IILU' AOOPTEO - f'EBRUAAY, 101 AWENOD) - W... y 1 e. , 892 AWENDED - WAY 25" HleJ AW[NO[J) - .lJlY 27, lttJ ......ENOED - APftIL 12, lK4 ~D - MARCH 14, liV5 rJJ AMENO€O - OCTOElER 21, 1997 AM(NOEO - APRIL 14, 1998 AMENDED - SEPTtWBER a. 19H AI.lENOm - F[8ItUAII'y 2.3, Hilt AMEHOfO - ..... y R, 2000 - ......ROll.). 200T Q ~ I>l S i .... 00 E-o .wENDED - .....v 14, 2002 AMENDED - SEPTnaR 10. 2003 ORO. NO. 2003-44 AMENDED - OCTOeER 2tI. 2004 CiAO. NO. 2004-71 .....ENDED - JAHUNtY 2~ 2005 ORO. NO. 2005-" AWENotD - JAHUAII'v 2'- 2007 CftO. 1<<). 2007-'8 ""'ENOED - OfCEWBER +. 2007 Cf;IO. NO. 2007- n AMENOm - OCTl&R 14, 2001 ORa, NO. 2008-59 (.) SCALE r- - , , , , I o 1 MI. 2 MI. 3 MI. ... Ml. 5 MI. f'RFPARED BY: GIS/CAD MAflPINC SECTION C(),IWUNITY DE\lELOPMENT AND EN\o'IA~OHAL SER'YIC[S OI'YISlON DAlE: e/2QOg FILE: CP-2007-J.oWC R 26 E R 27 E R 28 E ~ ~ o o ')' a. () Z o i= i= UJ a. /-_. I 0) <0 (~ co C~ co o N en <'oJ 1'-. a~\;f^31n08 S3a\;flE)~3^3 < Eo< Q () C) ..... co 01 0 ..... P:: 1" -~ 0:: ') ~ 0 ~ Eo< ...:l 00 ~ It) w <l: 00 00 -oJ f- ..... ~ Ii ::> ai 0 0 I ~ Eo< cj lD X ::J Z UJ 00 ;:J 0 0 M -oJ -oJ Z C) ~ .... 0 (5 0 P:: 0:: ()W~ Z ..... ~ -oJ ~ 00 ::i ...J W....O 00 N 1') W 'i- I() ..... ...:l 3: """')_0 N N ~ 0 -oJ lDenC\l C) 6 :::> I en ~ '-1' <0 ('<I 1" N gPa '~.8 a\;fO~ 331\t)jOl"ll"ll 1[') r'- N C~ ('J a~\;f^31n08 NOS1IM Q Z ~ o ~ ...:l >. u<( ~~ ~<( Vl ~ - I .. >-' ... 0 0 0 ... ~ >-' ... " 0 U 0 '" 0 '" 5 iij '> z- OO FVl U.., IoJU C/'l5 ~Ir ",,,, 0'" o.~ A." =>1- VlZ ;i~~ ~~~ 0>7 ..,z" ~"'o 002 ZZI ""a. Vll-U :i~~ ~?5G: "'-' "'~ ;>-:~~ m 0 8?':~ ",zo> g~~ IrO" 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 2010-31 Which was adopted by the Board of County Commissioners on the 28th day of July, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2010. DWIGHT E. BROCK . ..::,\~i' ;1('; Clerk of Courts~~j:hid"'Clei-k;. Ex - of f i c fo. ..tol3o.s:~d'; 'of Coun t y CC;tilIni iEt~~ti.~:t.s -/ "" . " ..-~ .~ - - ;'>"'. ..'.. "....~~~.;.. .' :,.>~(,~.." L '. ~".'. ... .:' . By: Ann ennejohn, Deputy Clerk