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Agenda 06/08/2010 Item #10B Agenda Item No. 108 June 8, 2010 Page 1 of 38 EXECUTIVE SUMMARY Recommendation to approve a Developer Agreement between Corradi Airport Inc. and Collier County to fund the design, advertising, public meetings, permitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road OBJECTIVE: That the Board of County Commissioners (Board) approve the Developer Agreement between Corradi Airport, Inc. (Developer) and Collier County (County) to provide funding for the design, advertising, public meetings, permitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road consistent with the Growth Management Plan amendment adopted on October 14,2008 in Ordinance 2008-57. The Developer Agreement was drafted to ensure that all costs of this project are ultimately borne by the Developer. CONSIDERATIONS: On April 13,2010, the Developer appeared before the Board under Public Petition Item 6B requesting consideration of alternatives that would allow his project to proceed despite contradictions with the Growth Management Plan (GMP). The Developer noted that, if successful, this project will bring construction jobs and pennanent high paying jobs to Collier County. The Developer's parcel is identified in the Future Land Use Element of the Collier County Growth Management Plan as Parcel 2 of the Orange Blossom/Airport Crossroads Commercial Subdistrict, as created on October 14, 2008, by Ordinance No. 2008-57. This Subdistrict was created at the request of certain local property owners, including the Developer. The SubdistIict requires that, "Orange Blossom Drive-Airport Road intersection improvements shall be designed to be sufficient to accommodate project traffic and overall levels of service issues." The improvement plans must be approved prior to any development order approval. This approval process must involve the public through an advertised public meeting, and the approved plans shall be advertised for construction through the County's open bidding process. Construction per the approved Orange Blossom Drive-AirpOli Road intersection improvements plan must commence prior to the issuance of a building permit for improvements on a parcel and be completed prior to the issuance of any certificate of occupancy. The Board directed staff to work with the County Attorney's Office and the Developer to prepare an agreement that would allow this development to move forward but still maintain consistency with the GMP. Staff and the County Attorney have prepared an agreement consistent with the GMP requirements of the Subdistrict, signed by the Developer, which proposes the following business points which are incorporated into the agreement: . Collier County shall design, advertise and conduct all required public meetings, permit and construct the Orange Blossom Drive-Airport Road intersection improvements necessary for the development of this parcel as required by Ordinance No. 2008-57. . To fully defray the construction design work, the Developer shall pay the County the sum of $75,000 and provide a Letter of Credit in the sum of $104,900 no later than one Agenda item NO.1 08 June 8, 2010 Page 2 of 38 hundred and twenty (120) days (payment delivery date) from the date this agreement is approved by the Board. The design work is estimated at $179,900. . The Developer will develop this parcel within the parameters set forth in Ordinance No. 2008-57 and submit a Planned Unit Development (PUD) application no later than twelve (12) months from the payment delivery date, a Site Development Plan (SDP) application and payment of impact fees no later than eighteen (18) months from the payment delivery date, and a building permit application no later than twenty four (24) months from the payment delivery date but no sooner than the County is able to let the phased intersection construction improvements based on availability of design, pennits and impact fee funding. . After the approved intersection improvement plans have been publicly bid and sufficient impact fees have been collected from the Developer for construction, the County will commence construction of the Phase 1 improvements. If the Transportation Impact Fees received are not sufficient to pay for the entire cost of the required phased construction improvements, the Developer will pay the County the difference or the agreement will be tenninated. If the ab'Teement is tenninated the County will be entitled to the amount of $179,900 in order to defray the cost of design. The Developer would retain that amount as an impact fee credit that runs with the land. FISCAL IMPACT: Collier County will proceed with the design work, estimated at $179,900, with an initial deposit of $75,000 from the Developer. County funds in the amount of $104,900 will initially pay the balance of the design until impact fees are paid by the Developer. A Letter of Credit, provided by the Developer, in the amount of $104,900, will be provided as security. An Executive Summary to recognize the revenue and approve a budget amendment to identify the specific source of funding will be presented to the Board at a later date when the Developer funds the agreement. GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with Growth Management Plan requirements of the Subdistrict. LEGAL CONSIDERATIONS: The Developer Agreement was drafted by the County Attorney and is legally sufficient for Board action. -JAK RECOMMENDATION: That the Board of County Commissioners approve the Developer Agreement between COlTadi Airport, Inc. and Collier County to provide funding for the design, advertising, public meetings, pennitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road consistent with the Growth Management Plan amendment adopted on October 14, 2008 in Ordinance 2008-57. Prepared By: Nick Casalanguida, Deputy Administrator, Growth Management Division Attachments: 1) Developer Agreement; 2) Exhibit A; 3) Exhibit B; 4) Exhibit C; 5) Ordinance 08-57; 6) Locus Map Item Number: Item Summary: Meeting Date: Agenda Item No, 108 June 8, 2010 Page 3 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10B Recommendation to approve a Developer Agreement between Corradi Airport Inc, and Collier County to fund the design, advertising, public meetings, permitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road, (Nick Casalanguida, Deputy Administrator, Growth Management Division) 6/8/20109:00:00 AM Prepared By Nick Casalanguida Transportation Division Director - Transport.ation Planning Date Approved By Transportation Planning 5/28/201011 :37:57 AM Nick Casalanguida Transportation Division Director - Transportation Planning Date Approved By Transportation Planning 5/28;2010 11 :36 AM Jeff Klatzkow County Attorney Date Approved By 5;28/20'1 C 11 :44 AM Judy Puig Community Development &. Environmental Services Operations Analyst Community Development &. Environmental Services Date Approved By 5/28/2010 11 :57 AM Amy Patterson Community Development &. Environmental Services Manager - Impact Fees &. EDe Date Approved By Business Management &. Budget Office 5/28/20102:01 PM Barbara LaPierre Transportation Division Management/Budget Analyst Date Approved By Transportation Administration 6/1/201010:58 AM Najeh Ahmad Transportation Division Director - Transportation Engineering Date Transportation Engineering &. Construction Management 6/1/20102:59 PM Approved By Norm E. Feder, Alep Transportation Division Administrator - Transportation Date Transportation Administration 6/1/20104:03 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 6/1/20104:07 PM Agenda Item NO.1 DB June 8, 2010 Page 4 of 38 Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Date Approved By Leo E, Ochs, Jr. County Managers Office Office of Management & Budget 6/1/20105:18 PM County Manager Date County Managers Office 6/2/20108:12 AM - Agenda Item No, 108 June 8, 2010 Page 5 of 38 DEVELOPER AGREEMENT ORANGE BLOSSUMlAIRPORT CROSSROADS COMMERCIAL SUBDISTRICT THIS DEVE~fER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this L::!JL of MlfY , 2010, by and between Corradi Airport Inc., a Florida profit corporation, with a principal address of 740 West Street, Naples Florida (hereinafter referred to as "Developer"), and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. RECIT ALS: WHEREAS, Developer is the owner of Parcel No. 00238000005, which is approximately five (5) acres of land located at 6925 Airport Road, Naples, Florida, (hereinafter referred to as the "Parcel"); and WHEREAS, the Parcel is identified in the Future Land Use Element of the Collier County Growth Management Plan as Parcel 2 of the Orange Blossom! Airport Crossroads Commercial Subdistrict, as created by Ordinance No. 2008-57, a copy of which is annexed hereto as Exhibit A, which Subdistrict was created at the request of certain local property owners, including Developer; and WHEREAS, among other things this Subdistrict requires that "Orange Blossom Drive- Airport Road intersection improvements shall be designed to be sufficient to accommodate project traffic and overall levels of service issues. The improvement plans must be approved prior to any development order approval. This approval process must involve the public through an advertised public meeting, and the approved plans shall be advertised for construction through the County's open bidding process. Construction per the approved Orange Blossom Drive- Airport Road intersection improvements plan must commence prior to the issuance of a building permit for improvements on a parcel and be completed prior to the issuance of any certificate of occupancy;" and WHEREAS, at the time the ordinance was enacted, it was understood by all that the design, permitting and construction of the required intersection improvements would be fully funded by Transportation Impact Fees and/or proportionate fair share payments received from the local property owners who requested the creation of this Subdistrict, however, due to an extraordinary change in the local business climate, most projects within the County have been put on hold, and Developer is the only property owner within this Subdistrict who presently wishes to move forward with his Development. Accordingly, Developer has requested that the County design and permit the required intersection improvement plans, and construct his proportionate fair share portion of the project, which will allow the Developer to commence development of this Parcel, which the County is willing to do based on the terms and conditions below; and ' Agenda Item No. 10B June 8, 2010 Page 6 of 38 WHEREAS~ the Growth Management Administrator has recommended to the Board of County Commissioners for approval of this Agreement~ which will help finance needed improvements and additions to the County~s transportation network; and WHEREAS~ after reasoned consideration by the Board of Commissioners~ the Board finds and reaffIrmS that this Agreement will help finance needed improvements and additions to the County~s transportation system; that this Agreement~ when viewed in conjunction with other existing or proposed plans~ including those from other developers~ will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and that this Agreement is consistent with both the public interest and with the Comprehensive PI~ including the most recently adopted five- year Capital Improvement Program for the County's transportation system~ the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WIT N E SSE T H: NOW, THEREFORE~ in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties~ and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Collier County shall design, advertise and conduct all required public meetings~ permit and construct the Orange Blossom Drive-Airport Road intersection improvements necessary for the development of this Parcel as required by Ordinance No. 2008-57. As detailed in Exhibit B, the design and permitting shall be for the entire Orange Blossom Drive-Airport Road intersection improvements required by Ordinance No. 2008-57, with the construction limited to meet Developer's proportionate fair share impact to the road system which will be satisfied by improvements as detailed on Exhibit C (hereinafter referred to as "Phase 1 ")~ being described as the construction of the southbound turn lane improvements and a new taper, deceleration lane and median cut creating a southbound U turn north of the existing southbound left turn. It is estimated that the cost of designing~ advertising and conducting public meetings, and permitting the intersection improvements is approximately $1 79 ~900 ("Construction Design Work"). To fully defray the Construction Design Work, Developer shall pay the County the sum of $75,000 and provide a Letter of Credit in the sum of $104,900 no later than one hundred and twenty (120) days from the date this Agreement is approved by the Board of County Commissioners as Full payment for the Construction Design Work ("Payment Delivery Date"). The $1 04~900 Letter of Credit shall be in the form set forth in Exhibit D. The Letter of Credit must be by a financial institution acceptable to Collier County, and shall bj;: given to the County along with the initial $75,000 payment. The Colinty shall have no obligation to commence the Construction Design Work until it receives the initial $75~000 payment and $104~900 Letter of Credit; whereas upon receipt of the payments, the Construction Design Work shall proceed in a commercially reasonable manner. Page 2 of6 Agenda Item No, 1 DB June 8, 2010 Page 7 of 38 3. Developer will develop this Parcel within the parameters set forth in Ordinance No. 2008-57. Developer will submit a PUD application no later than twelve (12) months from the Payment Delivery Date, an SDP application no later than eighteen (18) months from the Payment Delivery Date, and a building permit application no later than twenty four (24) months from the Payment Delivery Date. With respect to these deadlines, time is of the essence. Developer's failure to strictly meet these deadlines shall trigger the right of the County to draw upon the Letter of Credit. Developer's $75,000 cash payment to County and any proceeds from the Letter of Credit used to finance the design of the intersection improvement will be Impact Fee creditable and will run with the Developer and shall survive any termination of this Agreement. 4. Following completion of the Plans, County will bid out the Phase I project. The request to bid will contain a contingency that construction cannot commence until sufficient Transportation Impact Fees and/or proportionate fair share payments are received as set forth in this Agreement. The bids received shall predate the Site Development Plan Approval. 5. Upon receipt of the Site Development Plan Approval, estimated Transportation Impact Fees will be calculated. Developer shall then have the two following choices: a. Pay the estimated Transportation Road Impact Fees in accordance with Section 74-302(h) of the Consolidated Impact Fee Code, which provides in relevant part as follows: "Payment of road impact fees to obtain a certificate of adequate public facilities. (1) A five-year temporary certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a temporary certificate of public facility adequacy is issued, twenty percent (20%) of the estimated payment based on the impact fee rate in effect at the time of the pre-approval letter will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application, such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be paid in four additional annual installments of 20%, beginning one year after the initial 20% payment. (2) At the time a temporary COA is issued, and the first twenty percent (20%) of the estimated payment is paid, the applicant will deposit with the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years, in an amount equal to the 20% payment. (3) Upon payment of 100% of the estimated impact fees, the certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the initial estimated impact fees. " Page 3 of6 Agenda Item No, 108 June 8, 2010 Page 8 of 38 If the required payment and deposit are sufficient to pay the bid costs of the Phase I project, construction of the project will commence. The project would proceed in a commercially reasonable manner, subject to such delays caused by conditions beyond the County's control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause. In keeping with Ordinance No. 2008-57, construction must be completed prior to the issuance of any certificate of occupancy. The calculation of impact fees owed shall be as required by the County ordinance then in effect, at the rate schedule then currently applicable. If the required payment and deposit are not sufficient to pay these costs, Developer may elect to pay County the difference, which difference would be Impact Fee creditable and will run with the land, and the project would commence as set forth above. b. Developer may elect to terminate this Agreement. Upon such election, the County's obligation to construct the Phase I project would cease. In such event, Developer's $75,000 cash payment to County and any proceeds from the Letter of Credit used to finance the design of the intersection improvement will be Impact Fee creditable and would continue to run with the land. 6. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 7. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, however, this Agreement is personal to Developer, having been granted by the Board of County Commissioners following Public Petition by Developer, and accordingly Developer may only assign this Agreement with the express written consent of the County, which the County may freely withhold. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the COWlty'S then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier COWlty Consolidated Impact Fee Ordinance. 8. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 9. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, including but not limited to State legislation which materially changes the County's ability to charge Impact Fee, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 10. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereWlder (including COWlty'S option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: _. Page 4 of6 Agenda Item NO.1 08 June 8,2010 Page 9 of 38 To County: To Developer: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 252-8192 Facsimile: (239) 252-2726 Corradi Airport Inc. 380 10th Street S., Suite 103 Naples Florida 34102 Phone: (239) 285-5008 Facsimile: (239) Emai1: mkc@cmaples.com Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 11. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 12. In the event of a dispute under this Agreement, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page50f6 Agenda Item No. 108 June 8, 2010 Page 10 of 38 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman AS TO DEVELOPER: Signed, sealed and r;;;eprJ::l Signature (!. t..A-t1 /::) (~€ fhtc.,i.Jt ~ Printed Name ~ fAc-~ h rf Signature CORRADI AIRPORT INC., a Florida profit corporation By:~j{r~' ich I K. CorradI, PresIdent Ln.ur...", -S.~t"(1rc\ Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ..l ( day of_~ ,2010, by MICHAEL K. C~I, as president of Corradi Airport, Inc., who is personall;Jknown to me or has produced ~b<l\\.}'~~~r. as identification. On.l~(~~ Notary P~~ Print Name: M~:S~'C.~..\d\lt~ ( My Commission Expires: ~o ~oJI-' .".. ~Ict..\,., n, '("" State of J"lorida !~ 'r. "'",,~, :""""ilJer '!'.'- '.!! i\1V, '::,),w":;;,,;r; D0564579 .. '. "~oF FI.r!" f ~plre~;,~)!15!20i 0 _...,,-.. ""'';~- .'~""_.=. Page 6 of6 Agenda Item No, 1 DB June 8, 2010 Page 11 of 38 Exhibit A CP~2006~ 7 'CP~2006-8 C. Urban Commercial District 11. Oranae BloaaomlAlrDort Cro..roadl Commercial Subdlltrtct This Subdistrict consists of two Darcels comDrislna aODroximatelY 10 acres and Is located on the southwest comer of the intersection of Oranae Blossom Drive and Alroort Road. This Subdistrict allows for existina Institutional uses. such as the Italian American Club clubhouse or another social or fraternal oraanlzation. future institutional uses for a school. and limited commercial. orofesslonal and oeneral offices. and similar uses to serve the nearby community. alone with senior houslna in the fonn of an assisted Ilylna facilItY. contlnuina care retirement center. or other similar housina for the elderlY. [Page 63] peyelooment intensity for this Subdistrict shall be limited to a maximum of 74.000 souare feet of aross leasable area for financial institutions. schools. orofessional. medical and oeneral offices. adult and child day care. Dersonal and business services. and a maximum of 20.000 SQuare feet for the clubhouse facility. all of which uses are allowed by richt or by conditional use In the c-1 Zoning District. as Identified in the Collier County Land Develooment Code. Ordinance No. 04-41. as amended. Uses will be further evaluated at the time of rezonina of each Darcel to ensure comDatibilltv with surroundina Drooerties. Any senior housina facllltv Is not sublect to this SQuare footeDe limitation but Is subject to eauivalency limitations soeciflc to Parcel 2. and must meet an other orovisions in the Collier County Land Develooment Code. Ordinance No. 04-41. In effect as of the effective date of this amendment. The develooment of this Subdistrict shall be aoyemed bY the followlna criteria: iL. Rezones are encouraqed to be in the fonn of a Planned Unit DeveloDment and must contain develoement standards to ensure that all uses will be comeatible with neiahborina residential and Institutional uses. ~ Oranae Blossom Drive - A1roort Road Intersection ImDrovements shall be desianed to be sufficient to accommodate orojed traffic and overallleyels of service issues. The imorovement olans must be aDoroved Drior to any develoDment order aODroval. This aDorew' croce" must Involve the oubUc throuah an adyertlsed oublic msetlne. and the aDcroYed olans shall be advertised for construction throuoh the County's ooen blddlna crocess. Construction oer the aooroved Cranae Blossom Drive - Alroort Road Intersection imDrovements clan must commence orior to the issuance of a buildlna nennit for imoroyements on a Darcel and be com Dieted orior to the issuance of any certificate of OCCUDancv. c. Parcel 1 This 8ooroxlmatelY 5~acre Darcel is located on the southwest comer of the Intersection of OranQe Blossom Drive and Afroort Road. This Darcel is limited to a maximum of 34.000 souare feet of aross leasable area for financial Institutions. schools. orofesslonal. medical and general offices. and Dersonal and business services. in addition to a maximum of 20.000 SQuare feet for the clubhouse facility. Parcel 1 is aoverned bY the additional. followlna reaulrements: i. Pedestrian interconnection to access Parcel 2 and DroOertv immediatelY to the west must be oursued bY the oroDertv owner. and incorcort;lted Into the overall site desian. ii. Vehicular interconnection with Parcel 2 is reauired. Darticularlv to orovide southbound traffic: direct earess onto Alroort Road. Vehicular use areas. bulldinas and structures. landscaDe bufferina and ODen soaC9. and other uses shall be deslaned In such a manner that does not Imoede or Interfere with access to or from the adlacent Darcel to the south. [words underlIned have been added/words etrlclek tAFel:lg'" have been deleted] Agenda Item NO.1 DB June 8, 2010 Page 12 of 38 Exhibit A CP-2006-7/CP-2006-8 III. The extstlna easternmost vehicular access drive onto Orance Blossom Drive shall be removed or oermanently c1osed-off bv the DrODertv owner Drior to the Issuance of a C8rtifl~t, of OCCUDanc;y for any further deyelQoment or redevelooment of the site. iv. DeveloDment within Parcel 1 shall have common site. sianaQe and buildina architectural elements. includina on-site slans dlrectlna motorists toward southbound egress throuah Parcel 2 onto Alroort Road. Y. The clubhouse facility shall be exceoted from the reauirements of subsection "b" above If It can be demonstrated that the transDortatJon imDaets of the facJlltv do not raoulrs the Initiation or construction of Crance Blossom Drive - Alrcort Road Intersection Imorovements. d. Parcel 2 This aDDroximatelv 5-acre Darcel is located on the west side of A1mort Road. aooroxlmatelY 330 feet south of the intersection of Alrcort Road and Orance Blossom Drive. This Darcel is limited to a maximum of 40.000 SQuare feet of cross leasable area for financial institutions. Drofessional. medical and oeneral offices. adult and child day care. Dersonal and business services. and an assisted Iivina facility. contlnulnc care retirement center. or other similar housina for the elderiy. Parcel 2 is aoyemed bY the additional. followina reouirements: I. Pedestrian Interconnection to access Parcel 1 and Drooerties immediatelY to the south and to the west must be oursued bY the orooertv owner. and inCOrDOrated into the overall site desian. iI. Vehicular Interconnection with Parcel 1 is reQuired. Darticular/y to Drovide eastbound traffic direct earess onto Orance Blossom Drive. Vehicular use areas. bulldlnas and sti'Uctures. /sndsC8ce buffertna and ODen sosce. and other uses shall be deslaned in such a manner that does not imoede or Interfere with access to or from the adlacent Darcel to the north. Iii. DevelODment within Parcel 2 shall have common site. slenaee and building architectural elements. includina on-site sions directina motorists toward northbound sares! throuch Parcel 1 onto Crance Blossom Drive. iv. For each acre. or oortion thereof. that is to be allocated to an assisted Ilvinc facilib'. continulna care retirement center or other housinq for the e/derly. the aross /easable area for other allowed uses shall be reduced bv 8.000 sauare feel or the sauare foot eaulvalent of the Dortlon thereof. - [words underlined have been addedlworda &lrllek thr-e\l(lA have been deleted] Agenda Item No, 108 .--'--1, June 8, 2010 Page 13 of 38 Exhibit A CP-2006-7/CP-2006-8 Polley 1.1 [Page 12} The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for. C. URBAN - COMMERCIAL DISTRICT 11. Orenae BlossomlAlroort Crossroads Commercial Subdistrict . add the new Subdistrict In the FLUE policy that lists all Designations/Districts/Subdistricts. FUTURE LAND USE MAP SERIES [added next in order} Orenae BlossomlAlroort Crossroads Commercial Subdistrict s Include a new inset map depicting the Subdistrict, In addition to revision to the Countywide FLUM. Do not number the inset map, only provide map title. I. URBAN DESIGNATION [Page 27] Crenae BlossomlAlroort Cros.roads Commercial Subdl.tri~ . add name of that inset map In FLUE text where various Subdistricts that allow non-residential uses are listed (in FLUE. Urban Designation, l(b)(12). p. 27). FUTURE LAND USE MAP SERIES [Page 124} Oranae BIOIsomlAJrDort Cro..roads Commercial Subdfstrlct . add name of that Inset map In the FLUE where FLUM Series is listed. G:\Comprl!lhen&lve\Comp. Planning GMP DATA\Comp. Plan Amendmsntl\2ooe Cycle Petltlons\CP-2006-1c FLue combining 06-1 & 06-8 Subdlstrlcta\ElChlblt A - Adopllon\06-7c 10 aas POST-FlNALsub1 BeC Adoption Exhibit A.doc [words underlined have been added/words stn:lek tRr-e\:lg'" have been deleted] . ' I :l ~ i N d.. () z .. ~ : T .. I r sa I r 4J . T .. I T 41 $ r II . 1 11 . T U . I I : .) ; I ' " I . ~ . ", f ,: ; i , ' I .1' : d i " ~ Ie ;~ ,I: i~ '.... U.rIli , : .i :;. ;;: ~ . 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Agenda Item No, 108 June 8, 2010 Page 15 of 38 ~ EXHIBIT A PETITION CP.200e.07ICP.2DOe-oa ORANGE BLOSSOM I AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA --- P~(P'Rt:., ~ .', C.R.;>HICS 0.1<0 TCCHN'CAl S'-Pf'OR r seCllON Cew>,<UNITT OEVElO"IolENI ...,0 C""'RO/';MrHIAL SE~"'CCS C)'VlSION O. IE. ~/200e rTl.E. C;>-2006-078 owe ~ ~~- I l[ .,,~ ~ LEGEND ~ I I!I ~ -,",,, I, 8 _. .... II S f ~ li>ij- ,I. ~ !Cltl~ 81 N c_ -c ~G) _E !~ 81= ,108 .tin 2010 Pi!l~ of 38 "C tIJ co G).c: :ern !.- 2 ! a.CJ ~8'O~ ~"i~ jro!~~& " ~t!:! ::c .'J~I ..... :0 :c x w II d iil III i I .(?) .co ........, ~ ~ - ;Q .s:: x UJ ~ "C C E~ o CD fI) E fI) CD o 1; CD is. c E = a>-;;- C>o! l::tl (0 CD.! o l!! Ill! J!! E I _.E 32 III "Ocv::lll (0 2 I!IL ~ ~ IIr ~ 8 11'1 o II .~ 1111 Agenda Item No, 1 DB June 8, 2010 Page 17 of 38 III OJ s:: <II E <II > e Q. .5 s:: 0 ; u <II III ~ <II OJ s:: ::: Cl.O U ~ ::: .t::. .~ 1: .c 0 z .t:: ~ X W .C:: Cl E 0 III III 0 co <II Cl.O s:: n:l ~ 0 "" t: 0 'Q. ~ < Agenda Item NO.1 08 June 8. 2010 Page 18 of 38 z - Exhibit "0" Agenda Item No.1 08 June 8, 2010 Page 19 of 38 IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name and street address of issuer) (hereinafter "issuer") PLACE OF EXPIRY: At issuer's cOWlters. DATE OF EXPIRY: This Credit shall be valid Wltil (insert date of fIrst anniversary of date of issue), and shall thereafter be automatically renewed for successive one-year periods on the anniversary of it's issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifIes the BenefIciary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Corradi Airport, Inc. (hereinafter "Applicant") 740 West Street Naples, Florida 34108 BENEFICIARY: The Board of COWlty Commissioners, Collier COWlty, Florida (hereinafter "Beneficiary") c/o Engineering Review Section, 2800 N. Horseshoe Drive, Naples, FL. 34104. AMOUNT: $104,900 (US) up to an aggregate thereof. CREDIT A V AILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR HIS DESIGNEE CERTIFYING THAT: "Corradi Airport, Inc. or their successors in interest failed to develop Parcel No. 00238000005, which is approximately fIve (5) acres of land located at 6925 Airport Road, Naples, Florida, has failed to develop this Parcel within the parameters set forth in Ordinance No. 2008.57, or failed to submit a PUD application no later than twelve (12) months from the Payment Delivery Date, an SDP application no ~ater than eighteen (18) months from the Payment Delivery Date, and a building permit application no later than twenty. four (24) months from the Payment Delivery Date, as defIned in a Developer Agreement between the parties dated JWle 8, 2010." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue)". The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Drafte s) mav be presented. within the State of Florida at the. following address (list Florida address) This Letter of Credit sets forth in full the terms of the Issuer's Wldertaking and such undertaking shall not in any way be modifIed, amended, or amplified by reference to any docwnent, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any docwnent, instrument or agreement. Issuer hereby engages with Beneficiary that Draft(s) drawn Wlder and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. , . Agenda Item No.1 08 . June 8, 2010 This Credit is subject to the Unifonn Customs and Practice for Documentary Credi@a~of 38 Revision) International Chamber of Commerce Publication No. 600 (name of issuer) By: (insert title of corporate officer - must be signed by President, Vice President or Chief Executive Officer) - Agenda Item No, 108 June 8, 2010 Page 21 of 38 Exhibit A CP-2006-7/CP-2006-B C. Urban Commercial District [Page 63] 11. Oranae BlossomlAirDort Crossroads Commercial Subdistrict This Subdistrict consists of two carcels comcrisina aDoroximately 10 acres and is located on the southwest comer of the intersection of Orance Blossom Drlye and Airoort Road. This Subdistrict allows for existina institutional uses. such as the Italian American Club clubhouse or another social or fraternal oraanization. future institutional uses for a school. and limited commercial. crofessional and aeneral offices. and similar uses to serve the nearbY community. alona with senior housina in the form of an assisted Iiyina facility. continuina care retirement center. or other similar housina for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74.000 sauare feet of <;lross leasable area for financial institutions. schools. crofessional. medical and ceneral offices. adult and child day care. personal and business services. and a maximum of 20.000 sauare feet for the clubhouse facility. all of which uses are allowed by richt or bY conditional use in the C-1 Zonina District. as identified in the Collier County Land Develocment Code. Ordinance No. 04-41. as amended. Uses will be further evaluated at the time of rezonina of each parcel to ensure compatibilitv with surroundina orooerties. Any senior housina facility is not subiect to this sauare fcotaae limitation but is subiect to eaulvalency limitations specific to Parcel 2. and 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 covemed bY the followina criteria: a. Rezones are encouraaed to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be comoatible with neiahborina residential and institutional uses. b. Oranae Blossom Drive - Airport Road intersection imorovements shall be desicned to be sufficient to accommodate project traffic and overallleyels of service issues. The improvement plans must be approved prior to any development order approval. This aporoval process must involve the public throuah an advertised cubUc meetina. and the aporoved olans shall be advertised for construction throuah the County's ooen biddina process. Construction per the approved Oranae Blossom Drive - Alroort Road Intersection improvements olan must commence prior to the issuance of a buildina permit for imDrovements on a Darcel and be completed prior to the issuance of any certfficate of occupancy. c. Parcel 1 This aoproximatelY 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. orofessional. medical and aeneral offices. and personal and business services. In addition to a maximum of 20.000 sauare feet for the clubhouse facility. Parcel 1 is aoverned bY the additional. followin!] reauirements: 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 desian. ii. Vehicular interconnection with Parcel 2 is reauired. particularly to provide southbound traffic direct 8Qress onto Airport Road. Vehicular use areas. buildinas and structures. landscape bufferina and open space. and other uses shall be des/aned in such a manner that does not impede or interfere with access to or from the adiacent parcel to the south. [words underlined have been added/words strl:lGk thr-9l:1gh have been deleted] Agenda Item No, 108 June 8, 2010 Page 22 of 38 Exhibit A CP-2006-7/CP-2006-8 iiL The existinc easternmost vehicular access drive onto Orance Blossom Drive shall be removed or oermanently closed-off by the orooertv owner orior to the issuance of a certificate of occuoancy for any further develooment or redeyelooment of the site. iy. Deyelooment within Parcel 1 shall have common site. sicnaae and buildinc architectural elements. includina on-site sians directinc motorists toward southbound earess throuah Parcel 2 onto Airoort Road. v. The clubhouse facility shall be exceoted from the reauirements of subsection Ub" above if It can be demonstrated that the transDortation imDacts of the facility do not recuire the initiation or construction of Oranae Blossom Drive - Airoort Road intersection imorovements. d. Parcel 2 This aooroximatelv 5-acre Darcel is located on the west side of A1mort Road. aooroxlmatelY 330 feet south of the intersection of Airoort Road and Orance Blossom Drive. This oarcel is limited to a maximum of 40.000 sauare feet of cross leasable area for financial institutions. orofessional. medical and cenersl offices. adult and child day care. oersonal and business services. and an assisted liYinc facilitv. continuinc care retirement center. or other similar housina for the elder1y. Parcel 2 is covemed by the additional. followinc reauirements: i. Pedestrian interconnection to access Parcel 1 and orooerties immediately to the south and to the west must be oursued bv the orooertv owner. and incomorated into the overall site desicn. Ii. Vehicular interconnection with Parcel 1 is reauired. oarticularlv to orovide eastbound traffic direct earess onto Orance Blossom Drive. Vehicular use areas. buildinas and structures. landscsoe bufferina and ooen soace. and other uses shall be desiened in such a manner that does not imoede or interfere with access to or from the adiacent Darcel to the north. iii. Develooment within Parcel 2 shall have common site. sienace and buildina architectural elements. includinc on-site sicns directina motorists toward northbound earess throuah Parcel 1 onto Crana'e Blossom Drive. iv. For each acre. or oorticn thereof. that is to be allocated to an assisted Iivina facilitv. continuina care retirement center or other housina for the elderlv. the aross leasable area for other allowed uses shall be reduced bv 8.000 sauarefeet. or the sauare foot eeuivalent of the oortio" thereof. _. [words underlined have been added/words strunk through have been deleted] Agenda Item No, 10B June 8, 2010 Page 23 of 38 Exhibit A CP-2006-7/CP-2006-8 Policy 1.1 [Page 12] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: C. URBAN - COMMERCIAL DISTRICT 11. Oranae BlossomJAlroort Crossroads Commercial Subdistrict . add the new Subdistrict in the FLUE policy that lists all Designations/Districts/Subdistricts. FUTURE LAND USE MAP SERIES Oranae Blossom/Alroort Crossroads Commercial Subdistrict [added next in order] . include a new inset map depicting the Subdistrict, in addition to revision to the Countywide FLUM. Do not number the inset map, only provide map title. I. URBAN DESIGNATION Oranae BlossomJAirDort Crossroads Commercial Subdistrict [Page 27] · add name of that inset map in FLUE text where various Subdistricts that allow non-residential uses are listed (in FLUE, Urban Designation, l(b)(12). p. 27). FUTURE LAND USE MAP SERIES Oranae Blossom/Airoort Crossroads Commercial Subdistrict [Page 124J · add name of that inset map in the FLUE where FLUM Series is listed. G:\Comprehenslve\Comp, Planning GMP DATA\Comp, Plan Amendments\2006 Cycle Petltions\CP-2006-7c FLUE combining 06-7 & 06-8 Subdlstrlcts\Exhlblt A - Adoptlon\06-7c 10 acre POST.FINALsub1 BCC Adoption ExhibIt A.doc [words underlined have been added/words strl:lsk threugh have been deleted] . ' ~ ?- m = i: >< . UJ Agenda Item No, 10B June 8, 2010 Page 24 of 38 i ;L g 9 ~ N cL o z ~ o .. 1= .. 1= w 0.. T .. . T 47 . T U S T 41 S ~ : ~ , . T U S T 50 1 &1 S I I . ~ I ; , , ,- I : T n s s I j I; . :: ! C Ii . &: c'C ~ . ..t ~ B c:t :: u i3 ..' n'i~i Al__ Al~_ ~/ .-~ : .-' I"~ ,. ..01 " ... ... '" l j .;. r i I I I , I ; I i !I (r: IIi ;n I . .."'~ .. .. '" ::: i i . I" " ... . .':' ... >, . ( t ~ : . ~ , A I: l' .. I 'I - ~ r ~, j I~ '" .." :lj ..----.-.-. t.' 1 . . ... .. .. .... .. r, /1 Ii I i , I '" ~, I" , .,f - tl .... .,1. ::; i 1-- ',j i I I " I ... . :1. ...'. I j ::; .;; 71 '" '" ~ ',--------- ~.__._--~-:-;:::~:.;:;:.-_.,. .--... --__._--;,' , ; , ;.... ,~,. 1 I : / ; t I J '..-/,-.., .' r---- . I ., ;. r."-..' ... : i I ... ... .. . ... .. a: '" -- '-...__._..4-._~_.___ ... .. ... N '" .... A. .... .. C N . :IE tl~ WOO .~I 1~li H! I =Q~ ill t::cc :e :: Izg I- ~9 '" ... .cu Jlr '. ~~. ~ =:::j lill ~(/)<'l'<'l' 0'[ ~ll = ...~"' Ml a: I i t = ~ ... l- I I '" = t 1 i (.0 .. u.. 'J' ... GtdI ,d Sit! I It ! S IS 1 I n 1 S E9 1. ., S It 1 . tt L S It 1 , ' Agenda Item No. 1 DB June 8, 2010 Page 25 of 38 EXHIBIT A PETITION CP-2006-07/CP.2006-08 I Il:.'t ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT ~ COLLIER COUNTY, FLORIDA ----- I I ~ I ~ill li17 I 1~1B0 1 I I PiNE ~.C'OC( "'C:A.O '"' IEJ 'r ~,,~II ~il -I I 1[1 LEGEND II --"l' ~ I' ~ SUSDI"T~ICT if I I PR[PA.Re', So, GI1APHICS AND l(CHN:CAl St..PF'OR i SECTION CCW-MUNlTY DEVELOO)MENT AND EN\o1ROMA(NTAl S(~'.nCe:S DIVISION ~"IE ~/200e FILE' :~-2006-07B owe Co of-' ;e .r: >< W Ul > .;:: Cl E-E a Q)E I/) I/) ~ a 0 iD 0. c: E Cl Ul-;;;:l 2'> ,Q C co t5 cp .... Q) - o ~ ctl -@~ -- - :;: " ro -" ro2 &~ <:: t 0 aU Cl. .... <( Agenda Item No. 108 June 8, 2010 Page 26 of 38 - t moo:) 0"-(") ..-0_ .N 0 -' ~ J t:_gs, <D:JeIl :::;:,0.. ell -0 c: (ll :t ';,' III +J c: OJ E Z OJ > 0 '- c. E c: 0 :;:; u OJ III '- OJ +J c: ... t:l.O ~ ~ ..c = +J '- ..Q 0 ..c:: z x OJ u.J > 0;:: Cl E 0 III III 0 o:i OJ t:l.O c: l'O '- 0 - +J '- 0 c. '- <( ORDINANCE NO. 08-2L Agenda Item No.1 OB June 8, 2010 Page 28 of 38 ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, 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 WHEREAS, the Collier County Board of County Commissioners adopted the. rCollier County ;::..; r= Growth Management Plan on January 10, 1989; and C-: . ~~ __. :_. ,') Ii WHEREAS, the Local Government Comprehensive Planning and Lans, DeveJopmel'\t :J':. r.-.) ~- Regulation Act of 1985 provides authority for local governments to amend ~~!r r:~pe~ti~Vf comprehensive plans and outlines certain procedures to amend adopted compf.~~ns~ p~,~ pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and,~:-::~ ~. ... .' . " WHEREAS, Robert L. Duane of Hole Montes and Associates requested an al'Ti6n'dment to the Future Land Use Element and the Future Land Use Map and Map Series to change the Future Land Use Map (FLUM) designation from the Urban Residential Subdistrict to part of a new subdistrict entitled the Orange Blossom/Airport Crossroads Commercial Subdistrict, within the Urban Commercial District, and to make a corresponding text change to allow for a 20,000 square foot clubhouse, and up to 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, and personal and business services consistent with the General Office (C-1) Zoning District of the Collier County Land Development Code, for property located at the southwest corner of. Airport-Pulling Road (CR 31) and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, Florida consisting of 5:f: acres; and WHEREAS, Dwight Nadeau 9f RWA, Inc., requested an amendment to the Future Land Use Element and the Future Land Use Map and Map Series to change the Future Land Use Map (FLUM) designation from the Urban Residential Subdistrict to part of a new subdistrict entitled the Orange Blossom/Airport Crossroads Commercial Subdistrict, within the Urban Commercial District, and to make a"corresponding textchange to allow for up to 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 senior housing in the form of an assisted living facility and/or continuing care retirement center, or other similar housing for the elderly, consistent with General Office (C-1) Zoning _ District of the Collier County Land Development Code, for property located on the west side of Airport- Pulling Road (CR 31), 330 feet south of Orange Blossom Drive and immediately south of the Italian Agenda Item No, 10B June 8, 2010 Page 29 of 38 American Club, in Section 2, Township 49 South, Range 25 East, Collier County, Florida consisting of 5:t 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 Future Land Use Element and Future Land Use Map and Map series, 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 Future Land Use Element and Future Land Use Map and Map Series 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 this ~mendment to the Future Land Use Element and 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. 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., 3m Floor, Tallahassee, Florida 32399-2100. Agenda Item No, 108 June 8, 2010 Page 30 of 38 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /'I'fJt day of ()qdJ.Vt.... ,2008. ATTEST: DWIGHT.fi;"~~9K',Clerk ;..>' ' '.'<. ...!\\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C, BY: TOM HENNING, CHAIRMAN ;"~~~ Approved as to form and legal sufficiency: ~. 7,wlt, h Marjorie M. Student-Stirling Assistant County Attorney P;h . :', .:; ~".~.: i r': :~ ,....:~. ,'.' ~., '.".. "', I .' " ,L G:\Comprehensive\Comp. Planning GMP DATA\Comp, Plan Amendmenls\2006 Cycle Petltions\CP-2006-7c FLUE combining 06-7 & 06-8 SubdistrictslExhibit A - Adoption\Combo 00-7 & 06-8 Ordinance Agenda Item No, 108 June 8, 2010 Page 31 of 38 Exhibit A CP-2006-7/CP-2006-8 C. Urban Commercial District [Page 63] 11. Oranae BlossomlAirDort Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprisina approximately 10 acres and is located on the southwest corner of the intersection of Cranae Blossom Drive and Airport Road. This Subdistrict allows for existina institutional uses. such as the Italian American Club clubhouse or another social or fraternal orcanization. future institutional uses for a school. and limited commercial. professional and general offices. and similar uses to serve the nearby community. alona with senior housino in the form of an assisted livina facility. continuina care retirement center. or other similar housinc for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74.000 sauare feet of gross leasable area for financial institutions. schools. professional. medical and oeneral 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 richt 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 rezonina of each oarcel to ensure comoatibility with surroundina prooerties. Any senior housina facility is not subiect to this square footaoe limitation but is subiect to eauivalency limitations soecific to Parcel 2. and 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 aoverned by the followino criteria: ~ Rezones are encouraoed to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be compatible with neighborinc residential and institutional uses. Q... arance Blossom Drive - Airoort Road intersection improvements shall be desicned to be sufficient to accommodate proiect traffic and overall levels of service issues. The improvement plans must be approved orior to any development order approval. This approval process must involve the public throuch an advertised public meetina. and the approved plans shall be advertised for construction throuch the County's open biddina process. Construction per the approved Cranoe Blossom Drive - Airoort Road intersection improvements plan must commence prior to the issuance of a buildina permit for improvements on a parcel and be completed prior to the issuance of any certificate of occupancy. c. Parcel 1 This approximatelv 5-acre parcel is located on the southwest corner of the intersection of Oranoe 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 ceneral offices. and personal and business services. in addition to a maximum of 20.000 sauare feet for the clubhouse facilitv. Parcel 1 is ooverned by the additional. followina reauirements: L Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued bv the property owner. and incorporated into the overall site desicm. it Vehicular interconnection with Parcel 2 is recuired. oarticularlv to provide southbound traffic direct eoress onto Airport Road. Vehicular use areas. buildinas and structures. landscaoe bufferino and open space. and other uses shall be desioned in such a manner that does not impede or interfere with access to or from the adiacent parcel to the south. [words underlined have been added/words &truok through have been deleted] Exhibit A Agenda Item No, 10B June 8, 2010 Page 32 of 38 CP-2006-7/CP-2006-8 - iii. The existing easternmost vehicular access drive onto Cranae Blossom Drive shall be removed or permanentlv closed-off bv the prooertv owner orior to the issuance of a certificate of occuoancv for anv further development or redevelopment of the site. iv. Development within Parcel 1 shall have common site. sicnaQe and building architectural elements, includinc on-site sians directina motorists toward southbound earess throuah Parcel 2 onto Airport Road. v. The clubhouse facilitv shall be excepted from the requirements of subsection "b" above if it can be demonstrated that the transoortation impacts of the facilitv do not require the initiation or construction of aranae Blossom Drive - Airport Road intersection imorovements. d. Parcel 2 This approximately 5-acre parcel is located on the west side of Airport Road. aporoximatelv 330 feet south of the intersection of Airport Road and Cranae Blossom Drive. This oarcel is limited to a maximum of 40,000 sauare feet of cross leasable area for financial institutions. professional. medical and aeneral offices. adult and child day care. personal and business services. and an assisted livina facilitv. continuing care retirement center. or other similar housina for the elderlv. Parcel 2 is aoverned by the additional. followinQ reauirements: 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 desian. ii. Vehicular interconnection with Parcel 1 is reauired. particularlY to provide eastbound traffic direct ecress onto aranQe Blossom Drive. Vehicular use areas. buildinQs and structures. landscaoe bufferina and open space. and other uses shall be desicned in such a manner that does not imoede or interfere with access to or from the adiacent parcel to the north. iii. Development within Parcel 2 shall have common site. sianace and buildina architectural elements. includina on-site sians directina motorists toward northbound earess throuah Parcel 1 onto Cranae Blossom Drive. iv. For each acre. or portion thereof. that is to be allocated to an assisted livina facilitv. continuina care retirement center or other housina for the elderlv. the aross leasable area for other allowed uses shall be reduced by 8.000 sauare feet. or the sauare foot eauivalent of the portion thereof. - [words underlined have been added/words struck threugh have been deleted] Agenda Item No, 1 DB June 8, 2010 Page 33 of 38 Exhibit A CP-2006-7/CP-2006-8 Policy 1.1 [Page 12] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: C. URBAN - COMMERCIAL DISTRICT 11. OranGe Blossom/Airport Crossroads Commercial Subdistrict . add the new Subdistrict in the FLUE policy that lists all Designations/Districts/Subdistricts. FUTURE LAND USE MAP SERIES [added next in order] Orange Blossom/Airport Crossroads Commercial Subdistrict . include a new inset map depicting the Subdistrict, in addition to revision to the Countywide FLUM. Do not number the inset map, only provide map title. I. URBAN DESIGNATION [Page 27] OranGe Blossom/Airport Crossroads Commercial Subdistrict . add name of that inset map in FLUE text where various Subdistricts that allow non-residential uses are listed (in FLUE, Urban Designation, l(b)(12), p. 27). FUTURE LAND USE MAP SERIES OranGe Blossom/Airport Crossroads Commercial Subdistrict [Page 124] . add name of that inset map in the FLUE where FLUM Series is listed. G:IComprehensiveIComp. Planning GMP DATAIComp. Plan Amendments\2006 Cycle PetitionsICP-2006-7c FLUE combining 06-7 & 06-8 Subdlstricts\Exhlbit A - Adoptionl06-7c 10 acre POST-FINALsub1 BCC Adoption Exhibit A,doc [words underlined have been added/words struok through have been deleted] co :b 0 0 ~ a.. !::? ,... 9 ~ 0 ~ a.. U z ... 0 .. i= rz: i= w a.. ::: rz: ~ I- iD co I ... >< rz: W Agenda Item No. 108 June 8, 2010 Page 34 of 38 T 4B S T 41 S T 53 S T 4B S T 49 S T 50 S T 51 S T 52 S .. S e . .. S ! i ! id e ~ ; : ~ .. !.-' .. .. D~ %1- e: ..~ 5! KU ~~ . c~ !J.Nl'O)_ !J.lOlO:l JO'to .. 0 I 1 /",. ,/"""..:-1' ~,.- , <.-;;' \ ... ... ':~~ i I ':~, II: .... . ~ ~ ; , ~ . .! ; L, ;i ! ~_ 5 ~H I l- i OJ i % rj Ii r: jj j I , , ~ r: -',J- Ii ...':~ : " ~ ::: i: rz: ... " ~ : " "' " , .;,,! .... ... N ... II: ;:; . s' ~ii ~I .., :', -- !it .... ',., " i E i I . ... ill '::-'~i rz: ... ... '" ~ i--------.-----. .-.~.--.-,~::;:~:.:;:;---- n__,____..._.__, , - -------.----t---.---- .../...... ,/" : ," : .-1-~-, ! .' (-.... :.,j I ,: i; r---"" " a: a: '" .-.--..-- .-'" .~-. --.- ... ~ - N II: ~ a. CC ~ ~ ~ :Ii % l ~ J! W iitl~. .. ~g5i fn " aL~ u:t = 'I: 0 e!a ;; iL COol Clf ~!l~~ :::: ~~h t::co :e I Zg I- 99 rz: = co n~~ frlw~~ 0 .....= IIIh; ~!::oo r: COol ;; ~"~ll ~(I)~~ .....0 ~;: :; .-~"' M 0 CI: ;!~= L :::::l I- ~ ~ ~ i!: .. :!:l :::::l ~ r i ( (J 10&. '..1' cldI ,d '" s U ! S Lt J. S 8t J. S 6t J. S Og J. S IS J. S ZS 1 S rs J. ~ ~ Agenda Item No. 10B June 8, 2010 ORANGE BLO EXHIBIT A PagB 35 of 38 SSOMI AIRPORT CROSSROAD; COMMERC PETITION CP-2006-07/CP-2006-06 COLLIER COVNTY, FLORI~A IAL SUBDISTRICT ! I PFI(pt.,Rr'., ,";... - COf/~JI..'N~TY -'~EV~~;:'H!CS AND l(Ct-lN:CAL . ~'1[ "/20De ;;~E[N:,,~ND [N'~R0""'E~~::-~RTS(ClIGN ... 2006-0780WG ':JER v'ICES DIVISION ORANGE 81 OSSQM D~lVE I II ~. 1- Agenda Item No. 10B June 8, 2010 Page 36 of 38 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 2008-57 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 Octobert 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board"o,:E.. County Commission-ers." '" "'" GLw. ~,c By: Ann Jennejohn, Deputy Clerk - ~ ::-' ill c_ -- c: ~cu __ E - (I) ca ~ nd8'j'eBP 0.108 1au"Fte 8, 2010 ~~ 7 of 38 -c: (/) <0 (I).c: ;::CIl (1)- Co(/) e 0 c..C) ~OO'ON -=-0 ~ ~-o ,..., ...,.NC_ !..., 1"60 8.J:i~z: .,...Nt: c &.a.I .........0 o:=;(J~ ~g.e.g~ z.j~ C[;; ::l o -c .c:: Q,. .I~; :E! ~i td V) ui ~~I .~~ ~II .~ .A: 0 ~ r Print Map Agenda IteHa~.l1~l June 8, 2010 Page 38 of 38 Corradi Airport Inc., Property P-.. "'"dl_onl. .....1...._flI".."'U.II""1 _1"'1. -12 FUT) IIUlldlft{l ".olprinm Colli... Cou.nly Folio Number: 00238000005 Name: CORRADI AIRPORT INC Slnlet# & Name: 6925 AIRPORT RD N Legal Description: 24925 COMM AT SE CNR OF SEC 2, N 2DEG W 17OS.10FT, S 89DEG W loo,07Fi W RM/ SR 31 AND POB, S 89DEG W 660FT,N -- - -