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Ordinance 2014-38 ORDINANCE NO. 14- 38 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL PROFESSIONAL AND GENERAL OFFICE ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE MIXED USE OVERLAY - MIXED USE SUBDISTRICT (C-1-GTMUD-MXD) AND A RESIDENTIAL MULTI- FAMILY-6 ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE MIXED USE OVERLAY - RESIDENTIAL SUBDISTRICT (RMF-6- GTMUD-R) TO A RESIDENTIAL MULTI-FAMILY-6 ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE MIXED USE OVERLAY - RESIDENTIAL SUBDISTRICT (RMF-6-GTMUD-R) FOR THE PROJECT KNOWN AS BREEZE OF CALUSA, LOCATED ON THREE PARCELS JUST SOUTH OF CALUSA AVENUE AND WEST OF AIRPORT PULLING ROAD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.69+/- ACRES SUBJECT TO CONDITIONS; AND BY PROVIDING AN EFFECTIVE DATE. [RZ-PL20130001752] WHEREAS, GREEN PALM INVESTMENTS, INC., represented by Sandra L. Bottcher of SLB Consulting of SW Florida, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification. The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated by reference, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida is changed from a Commercial Professional and General Office zoning district within the Gateway Triangle Mixed Use Overlay - Mixed Use subdistrict (C-1- GTMUD-MXD) and a Residential Multi-Family-6 zoning district within the Gateway Triangle Mixed Use Overlay - Residential subdistrict (RMF-6-GTMUD-R) to a Residential Multi-Family- [13-CPS-01275/1120699/1] Breeze of Calusa(f/k/a Calusa Ave)Residential RZ Page 1 of 2 Rev.9/23/14 CC) 6 zoning district within the Gateway Triangle Mixed Use Overlay - Residential subdistrict (RMF-6-GTMUD-R) for a 4.69 acre± project known as Breeze of Calusa, subject to the conditions shown in Exhibit B. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Ael Commissioners of Collier County, Florida, this o6 day of Oc4-dm r, 2014. ATTESTi l e 0 `` , BOARD OF COUNTY COMMISSIONERS DWLtr T E •BI 0cK CLERK COLLIER C NTY, F/ •RIDA c -4,1...,. NV �, "� - r. TOM HENNING, Chairman signature only. App oved as to form and legality: Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Legal Description Exhibit B - Conditions This ordinance filed with the $ecr�tary of fate`s Office the .n day of n > c, 2.014 and acknowledgemerAot that filin• received this ' day of ► • 2014 OSP Fil [13-CPS-01275/1120699/1] Breeze of Calusa(f/k/a Calusa Ave)Residential RZ Page 2 of 2 Rev.9/23/14 11P1 EXHIBIT "A" LEGAL DESCRIPTION CALUSA AVE RESIDENTIAL REZONE RZ-PL20130001752 Parcel One: Lot 125 less the South 734.50 feet North of Tamiami Trail,Naples Groves and Truck Co.'s Little Farms No.2, according to the plat in Plat Book 1, Page 27, Public Records of Collier County, a/k/a The North 734.50 feet of Lot 125, Naples Groves and Truck Co.'s Little Farms No. 2, according to the plat in Plat Book 1, Page 27, Public Records of Collier County, Parcel Two: Lots 7 and 8, Block C, Naples Gardens, as per plat recorded in Plat book 4, Page 13, Public Records of Collier County, Florida, and, Parcel Three: Lots 9 and 10, Block C, Naples Gardens, as per plat recorded in Plat Book 4, Page 13, Public Records of Collier County, Florida. Parcel Identification Number: 61842280001, 61780880000 and 61780920009 42) EXHIBIT"B" CONDITIONS OF APPROVAL FOR BREEZE OF CALUSA REZONE 1. The site is limited to a maximum of 24 single-family dwelling units. 2. The project entrance on Calusa Avenue shall be gated. 3. The perimeter of the site shall be fenced or walled in areas where there are no existing fences or walls that abut the subject property. 13-CPS-01275/58 9/29/14 [13-CPS-01275/1119051/11 C'q is 40 FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 3, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-38,which was filed in this office on November 3, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us