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Ordinance 2012-16a r \, 1; p a, Y�1L ORDINANCE NO. 12- 16 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, BY REMOVING TRANSPORTATION COMMITMENTS FROM THE ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTON OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND -r FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation1 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 Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County staff requested amendments to the Future Land Use Element to modify the Orange Blossom/Airport Crossroads Commercial Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on March 1, 2012 and March 6, 2012 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and CPSS- 2011 -1 \Orange Blossom /Airport Crossroads Commercial Pagel of 3 Subdistrict Small Scale Adoption Amendment Rev. 04/26/12 Words underlined are added; words st+aek-tlf:eth have been deleted; * * * indicates break in pages WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendments to the Future Land Use Element of the Growth Management Plan on April 24, 2012; 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 AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. 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 plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 24`h day of April 2012. CPSS - 2011 -1 \Orange Blossom/Airport Crossroads Commercial Page 2 of 3 Subdistrict Small Scale Adoption Amendment Rev. 04/26/12 Words underlined are added; words stmel thmugh have been deleted; * * * indicates break in pages ATTEST: DWIGHT E. BROCK, CLERK -peer A*,V� "-d as - tq, n and Io `caency: -4 d' A- 00 4idi As ton- icko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: IL- W. FRED W. COYLE, Chai Attachment: Exhibit A - Proposed Text Amendment CP\ 12 -CMP- 00816\ 10 This ordinance L ory of at day of and acknowlk of CPSS- 2011 -1 \Orange Blossom/Airport Crossroads Commercial Subdistrict Small Scale Adoption Amendment Rev. 04/26/12 Words underlined are added; words stmek- thFeagh have been deleted; * * * indicates break in pages filed with the �e t f that day Page 3 of 3 Exhibit A CPSS- 2011 -1 Future Land Use Element [Page 62] C. Urban Commercial District 11. Orange Blossom/Airport Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprising approximately 10 acres and is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This Subdistrict allows for existing institutional uses, such as the Italian American Club clubhouse or another social or fraternal organization, future institutional uses for a school, and limited commercial, professional and general offices, and similar uses to serve the nearby community, along with senior housing in the form of an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, adult and child day care, personal and business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C -1 Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04- 41, as amended. Uses will be further evaluated at the time of rezoning of each parcel to ensure compatibility with surrounding properties. Any senior housing facility is not subject to this square footage limitation but must meet all other provisions in the Collier County Land Development Code, Ordinance No. 04-41, in effect as of the effective date of this amendment. The development of this Subdistrict shall be governed by the following criteria: a. Rezones are encouraged to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be compatible with neighboring residential and institutional uses. s. b. Parcel 1 This approximately 5 -acre parcel is located on the southwest comer of the intersection of Orange Blossom Drive and Airport Road. This parcel is limited to a maximum of 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, and personal and business services, in addition to a maximum of 20,000 square feet for the clubhouse facility. Parcel 1 is governed by the additional, following requirements: Words underlined are added; words stwGk through are deleted Page i of J- Exhibit A CPSS- 2011 -1 i. Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design. ii. Vehicular interconnection with Parcel 2 is required, particularly to provide southbound traffic direct egress onto Airport Road. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the south. iii. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed -off by the property owner prior to the issuance of a certificate of occupancy for any further development or redevelopment of the site. iv. Development within Parcel 1 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward southbound egress through Parcel 2 onto Airport Road. M. : 7__ Mi. d- c. Parcel 2 This approximately 5 -acre parcel is located on the west side of Airport Road, approximately 330 feet south of the intersection of Airport Road and Orange Blossom Drive. This parcel is limited to a maximum of 40,000 square feet of gross leasable area for financial institutions, professional, medical and general offices, adult and child day care, personal and business services, and an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Parcel 2 is governed by the additional, following requirements: i. Pedestrian interconnection to access Parcel 1 and properties immediately to the south and to the west must be pursued by the property owner, and incorporated into the overall site design. ii. Vehicular interconnection with Parcel 1 is required, particularly to provide eastbound traffic direct egress onto Orange Blossom Drive. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the north. iii. Development within Parcel 2 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward northbound egress through Parcel 1 onto Orange Blossom Drive. Words underlined are added; words stFuGk t#Feugh are deleted Page a of a 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 2012 -16 which was adopted by the Board of County Commissioners on the 24th day of April, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of April, 2012. , Moll DWIGHT E. BROCK Clerk of Courts a} . Ex- officio to B d' County Commissi orf I�ii l��� � Jl �1 y iL 6 • °yq�+ii 'w+ ,4 n 'lii 1 By: Ann nejohn, Deputy Clerk