Ordinance 2016-40 ORDINANCE NO. 2016- 40
AN ORDINANCE AMENDING ORDINANCE 92-43, WHICH
REZONED PROPERTY TO BE CONSISTENT WITH THE
GROWTH MANAGEMENT PLAN; BY DELETING THE
SINGLE ACCESS RESTRICTION ON LOTS 1 — 5 OF THE
DEMERE LANDING SUBDIVISION LOCATED AT THE
CORNER OF BAYSHORE DRIVE AND BECCA AVENUE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the Growth Management Plan, through the Future Land Use Map and the
Goals, Objectives and Policies, strives to coordinate land use with the provision of adequate
roads, sewer, water, drainage facilities, solid waste facilities and parka and recreation
opportunities; coordinate coastal population densities with the Regional Hurricane Evacuation
Plan and discourage unacceptable levels of urban sprawl; and
WHEREAS, at the time of adoption of the Growth Management Plan, the Board of
County Commissioners of Collier County recognized the need to balance evacuation capability
and the at-risk population in the Hurricane Vulnerability zones in Collier County by limiting or
reducing the maximum permitted densities in those zones to ensure that the population at risk in
those zones of high risk could safely evacuate during the time of a hurricane event; and
WHEREAS, in 1992 the Board of County Commissioners implemented a
comprehensive review of existing zoning and rezoned specific properties to be consistent with
the Growth Management Plan, pursuant to Objective 1 and related Policies and Policy 3.1.k of
the Future Land Use Element and the Future Land Use Map of the Growth Management Plan;
and
WHEREAS, as part of the rezoning process, access for a unified plan of development for
Lots 1-5 of the Demere Landing Subdivision, as recorded in Plat Book 4, Page 14 of the Public
Records of Collier County, Florida, was limited to Bayshore Drive and to no less than 180 feet
from the southern right-of-way line of the intersection of Becca Avenue and Bayshore Drive; and
WHEREAS, the condition requiring a single access point for a unified plan of
development was intended to minimize the number of curb cuts along Bayshore Drive, however
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the Ordinance condition provides for connection to Bayshore Drive in closer proximity to the
Becca Avenue intersection than current access management standards allow; and
WHEREAS, a compliant driveway location is not feasible under today's conditions due
to physical conflicts with the Bayshore Drive bridge approach and safety railings and will
impose other conflicts with other improvements along the Bayshore Drive corridor, including
sidewalk, streetscape, bike lane, and various utility lines.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: Deleting Access Point Restriction.
Exhibit "A" of Ordinance Number 92-43 is hereby amended as follows:
EXHIBIT "A"
****•********
East Naples Planning Community
4. Legal Description: Lots 1-4, Demere Landing, according to the plat thereof, recorded in
Plat Book 4, Page 14 of the Public Records of Collier County, Florida.
Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial
Zoning District subject to the following conditions (CEX-019-EN):
a. Principal structures shall be limited to a maximum height of 3 stories.
b. The subject lots (all 4 lots combined) shall only be served by a single access from
intersection of Becca Avenue and Bayshore Drive.
Change Official Zoning Atlas Map#0511S
5. Legal Description: Lot 5, Demere Landing, according to the plat thereof, recorded in Plat
Book 4, Page 14 of the Public Records of Collier County, Florida.
Rezoned from C-4. General commercial Zoning District to C-4, General Commercial
Zoning District subject to the following conditions (CEX-016-EN):
a. Principal structures shall be limited to a maximum height of 3 stories.
b. The subject property shall be permitted a single access on Becca Avenue.
less than 180 feet from the southern right of way line of the intersection of Becca
Avenue and Bayshore Drive.
Change Official Zoning Atlas Map#0511S
Words underlined are added;words struck through are deleted.
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._if
SECTION TWO: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. 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: Inclusion in The Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND ULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this J day of ' ,t(Q, r. , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
�v ► ,' (� 01 . By:
DO A FIALA, CHAIRMAN
Attest 11,34149 d;Cek..
as
si nature only.
Appreved as-to form and legality:
tibia _!' �1 -tom This ordinance filed with the
tory of rate's Office the
'eidi Ashton-Cicko ,cay of �P
Managing Assistant County Attorneyand ocknowled9eme that
Pili a receiv d thisay
oI1_ elr • .
By
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[16-ATM-00366]25 Page 3 of 3
10/27/16 (C' ,,
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 15, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn, Deputy 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. 2016-40, which was filed in this office on December 15,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us