Ordinance 2008-57
ORDINANCE NO. 08-~
. ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED,
E COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE
INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
OVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE
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 Regulation Act, was
required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted th~ ,Collier County
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Growth Management Plan on January 1 0, 1989; and " ~~ c""_.
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WHEREAS, the Local Government Comprehensive Planning and Lanf;i Devetop~t
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Regulation Act of 1985 provides authority for local governments to amend ~~ir r:~pe~ti~Vf
comprehensive plans and outlines certain procedures to amend adopted compi'ehensi~ pl,~
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and ::.. -..::J-'
r .,
WHEREAS, Robert L. Duane of Hole Montes and Associates requested an amel"rdment 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 5f: acres; and
WHEREAS, Dwight Nadeau of 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 text change 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
American Club, in Section 2, Township 49 South, Range 25 East, Collier County, Florida consisting of
5f: 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 amendment 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., 3rd Floor, Tallahassee,
Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this /'1'14 day of ()~ ,2008.
ATTEST:
DWIGHTf;. .e~A9J<, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
TOM HENNING, CHAIRMAN
Approved as to form and legal sufficiency:
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h Marjorie M. Student-Stirling
Assistant County Attorney
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G:IComprehensive\Comp, Planning GMP DATA\Comp. Plan Amendments\2006 Cycle PetitionsICP-2006-7c FLUE combining 06-7 & 06-8 SubdistrictslExhibit A
- AdoptionICombo 06-7 & 06-8 Ordinance
Exhibit A
CP-2006-7/CP-2006-8
C. Urban Commercial District
11. Oranae Blossom/AirDort Crossroads Commercial Subdistrict
[Page 63]
This Subdistrict consists of two parcels comprisino approximatelv 10 acres and is located on the
southwest corner of the intersection of Oranoe Blossom Drive and Airport Road. This Subdistrict
allows for existino institutional uses. such as the Italian American Club clubhouse or another social or
fraternal oroanization. future institutional uses for a school. and limited commercial. professional and
qeneral offices. and similar uses to serve the nearby communitv. alono with senior housino in the form
of an assisted livino facility, continuino care retirement center. or other similar housino for the elderlv.
Development intensity for this Subdistrict shall be limited to a maximum of 74.000 square feet of oross
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 s~uare feet for the
clubhouse facility. all of which uses are allowed by rioht or bv conditional use in the C-1 Zonino
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 rezonino of each parcel to ensure compatibility
with surrounding properties. Anv senior housino facility is not subiect to this square footaoe limitation
but is subiect to eouivalency 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 ooverned by the followino criteria:
a. 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 neiohborino residential
and institutional uses.
b. Oranoe Blossom Drive - Airport Road intersection improvements shall be desioned to be
sufficient to accommodate proiect 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 throuoh an advertised public meetino. and the approved plans shall be
advertised for construction throuoh the County's open biddino process. Construction per the
approved Oranoe Blossom Drive - Airport Road intersection improvements plan must
commence prior to the issuance of a buildino permit for improvements on a parcel and be
completed prior to the issuance of any certificate of occupancv.
c. Parcel 1
This approximately 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
oross leasable area for financial institutions. schools. professional. medical and oeneral offices.
and personal and business services. in addition to a maximum of 20,000 square feet for the
clubhouse facility. Parcel 1 is ooverned by the additional. followino re~uirements:
i. Pedestrian interconnection to access Parcel 2 and property immediatelv to the west must be
pursued bv the propertv owner. and incorporated into the overall site desion.
ii. Vehicular interconnection with Parcel 2 is re~uired. particularlv to provide southbound traffic
direct eoress onto Airport Road. Vehicular use areas. buildinos and structures. landscape
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 struok through have been deleted]
Exhibit A
CP-2006-7/CP-2006-8
iii. The existino easternmost vehicular access drive onto Orange Blossom Drive shall be
removed or permanentlv 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, sianaoe and buildina architectural
elements. includina on-site sians directino motorists toward southbound earess throuoh Parcel
2 onto Airport Road.
v. The clubhouse facility shall be excepted from the requirements of subsection "b" above if it
can be demonstrated that the transportation impacts of the facilitv do not reouire the initiation
or construction of Oranae Blossom Drive - Airport Road intersection improvements.
d. 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 Oranoe Blossom Drive. This parcel is limited to
a maximum of 40.000 souare feet of aross leasable area for financial institutions. professional.
medical and oeneral offices. adult and child day care. personal and business services. and an
assisted livino facilitv. continuino care retirement center. or other similar housino for the elderlv.
Parcel 2 is aoverned by the additional. followino re~uirements:
i. Pedestrian interconnection to access Parcel 1 and properties immediately to the south and
to the west must be pursued bv the property owner. and incorporated into the overall site
desian.
ii. Vehicular interconnection with Parcel 1 is required. particularlv to provide eastbound traffic
direct eoress onto Oranae Blossom Drive. Vehicular use areas, buildinos and structures.
landscape 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 north.
iii. Development within Parcel 2 shall have common site. sionaae and buildina architectural
elements. includina on-site sions directino motorists toward northbound eoress throuClh Parcel
1 onto Oranae Blossom Drive.
iv. For each acre. or portion thereof. that is to be allocated to an assisted livinCl facility.
continuino care retirement center or other housino for the elderly. the oross leasable area for
other allowed uses shall be reduced by 8.000 square feet. or the souare foot eouivalent of the
portion thereof.
[words underlined have been added/words struck through have been deleted]
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
Oranae Blossom/Airport 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
Orange Blossom/Airport 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
Orange Blossom/Airport Crossroads Commercial Subdistrict
[Page 124]
· add name of that inset map in the FLUE where FLUM Series is listed.
G:\Comprehensive\Comp. Planning GMP DATA\Comp. Plan Amendments\2006 Cycle Petitions\CP-2006-7c FLUE combining 06-7 & 06-8
Subdistricts\Exhibit A - Adoption\06-7c 10 acre POST-FINALsub1 BCC Adoption Exhibit A.doc
[words underlined have been added/words struck through have been deleted]
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c 2006 0780WG oER JlCES DIVISION
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 October, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board "o.:E"
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County CommissionerS. .
C1uu ~,C.
By: Ann Jennejohn,
Deputy Clerk