Ordinance 2003-16ORDINANCE NO. 03 - 16
AN ORDINANCE AMENDING ORDINANCE NUMBER
102 AS AMENDED, THE COLLIER COUNTY LANI2~
DEVELOPMENT CODE WHICH ESTABLISHED TH]~,~
COMPREHENSIVE ZONING REGULATIONS FOR TH~.~
UNINCORPORATED AREA OF COLLIER COUNTY&-C~,
FLORIDA; AMENDING THE OFFICIAL ZONING ATLA~c~
MAP NUMBERED 1612N BY CHANGING THE ZONIN E
CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY~r~
LOCATED IMMEDIATELY TO THE NORTH OF GREENWAY
ROAD IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL
AGRICULTURAL TO "RSF-5(3)" RESIDENTIAL SINGLE-
FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF
31 LOTS TO BE DEVELOPED AS A RESIDENTIAL
SUBDIVISION WITH SOME PERCENTAGE TO BE SET
ASIDE FOR AFFORDABLE HOUSING UNITS; PROVIDING
FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering, representing Habitat for
Humanity of Collier County, Inc., in Petition RZ-2002-AR-3539 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:
The zoning classification of the real property as more particularly described by Exhibit
"A,' attached hereto and incorporated by reference herein, and located in Section 12, Township
51 South, Range 26 East, Collier County, Florida, is changed from 'A" Rural Agricultural
zoning district to 'RSF-5(3)' Residential Single-Family zoning district, and the Official Zoning
Atlas Map numbered 1612N, as described in Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended accordingly. The herein described real property is
the same for which the rezone is hereby approved subject to the conditions contained in Exhibit
'B," attached hereto and incorporated by reference herein:
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2,2,nd day of /~IX0e-'t { ,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
Patrick G~. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMP I
q-22_49
This ordinance filed with the
Secretary of State's Office the
Zg4A day of ~,odl
and acknowledgement of that
filing received ~tt2~Ls.,~ day
Exhibits: A: Legal Description
B. Conditions
RZ-2002-AR-3539/KD/sp
2
LEGAL DESCRIPTION
THAT PART OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1689 AT PAGE
852 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TIlE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG THE
EAST UNE' OF SAID SECTION 12, NO0'11'20'E, 2,743.15 FEET TO THE EAST 1/4
CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST LINE OF SAID
SECTION 12, NOO*27'50"E 894.35 FEET FOR A PLACE OF BEGINNING; THENCE N89*'56'55'W 1,361.53 FEET TO THE WEST UNE OF
THE. SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12;
THENCE ALONG SAID WEST LINE NOO'34'O6"E 490.98 FEET TO THE NORTH UNE
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12;
THENCE ALONG SAID NORTH UNE S89'56'55'E 1,$60.64 FEET TO THE EAST
LINE OF SAI9 SECTION 12;
THENCE ALONG SAID EAST LINE OF SECTION 12 S00'27'52'W 490.97 FEET TO
THE PLACE 'OF BEGINNING;
BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTIOH 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA. CONTAINS 15.34 ACRES MORE OR
LESS.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY, AS RECORDED IN OFFICIAL
RECORDS BOOK 2052 AT PAGE 812 OF SAID PUBUC RECORDS;
COMMENCING AT TIlE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG THE
EAST UNE OF SAID SECTION 12, NOO'II'20"E, 2,745.15 FEET TO THE EAST 1/4
CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST LINE OF SECTION
12, NOO'27'50'E 894.35 FEET FOR A PLACE OF BEGINNING;
THENCE N89'56'55'W 443.00 FEET;
THENCE NOO'34'O6'E 490.97 FEET;
THENCE S89'56'55"E 445.00 FEET TO THE EAST LINE OF
SAID SECTION 12;
THENCE ALONG THE EAST UNE OF SAID SECTION 12 S00'27'$0"W 490.98
FEET, TO THE PLACE OF BEGINNING.
BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLMER COUNTY, FLORIDA.
CONTAINS 5 ACRES OF LAND MORE OR LESS.
AN EASEMENT FOR UTIUTIES AND FOR ROADWAY INGRESS AND E(~RESS IS RESERVED
OVER AND THROUGH THE SOUTHERLY 30 FEET OF THIS PROPERTY BY THE GRANTEES,
THEIR HEIRS AND ASSIGNS IN PERPETUITY.
SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.
Greenway Road Rezone
Legal Description
Exhibit A
RZ-2002-AR-3539
GREENWAY ROAD REZONE
lO.
11.
Revised:
The residential density of the subject parcel is limited to a maximum of three units per acre and
development of no more than 31 single-family dwelling units/residences.
All purchasers must qualify as Iow-, very Iow-, or very, very Iow-income buyers pursuant to then
existing standards.
Prior to the issuance of any site development plan approval, the property owner must demonstrate that
the subject property has legal access to the site from the public road network. No building permits for
construction on the subject parcel will be issued until a road constructed to County standards is
constructed within the legal access to the site. No Certificates of Occupancy will be issued until the
constructed road has been issued a Certificate of Compliance.
The subject property contains a low area identified with a few large cypress and laurel oak and other
"wetland" plant species. At the time of site development plan submittal the developer must provide
evidence of a wetland jurisdictional determination of the Iow area by the agency with authority to render
such determinations.
The project name and internal roadway names must be changed as part of the site plan development
review, subject to review and approval by the County's Addressing Division.
Development of the site is subject to LDC §Section 2.2.25.8.1 regarding historical and archaeological
ramifications for this site.
Because there are no County maintained stormwater management facilities that will be affected by
development of this project, the rezoning review did not address the stormwater management
requirements within the site. The project must demonstrate compliance with all such requirements as
part of its site development plan review procedures.
The developer must provide at least one centrally located children's play area/tot lot, that is at least ¼
acre in size to include, but not be limited to playground equipment, landscaping and irrigation,
walkways, picnic areas, open play area, benches and fencing (if necessary for safety), to serve the
residents of this development. This play area/tot lot must be provided prior to, but not later than, when
certificates of occupancy are issued for 80% of the units for this project.
The Master Site Plan included as part of the application for this rezoning is illustrative only, and is not
considered binding on the developer or the County as to any development approvals. The subject
property must be developed in compliance with all requirements of the LDC in effect at the time a
development request is submitted, including constructing required turn lanes, sidewalks along bo~h sides
of roadways, and providing a 60 foot wide right-of-way.
The developer must construct each home to include an attached single car garage.
Access to this site from Greenway Road must be designed to avoid alignment with the driveway for the
parcel identified by Folio #00750600006.
4/4/03 to include changes made by the CCPC on 4/3/03
Conditions of APproval
Exhibit B
RZ-2002-AR-3539
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 copy of:
ORDINAlgCE NO. 2003-16
Which was adopted by the Board of County Commissioners on
the 22nd day of April, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23n~a~,
of April, 2003.
Clerk of Courts and Clerk
Ex-officio. to ,Board of
.,' ,~,' ~,~' ~, ,
County .Co~mis's~rs
By: '~'[r%c%a~~ L'. ~rgan,
Deput~'< C'io~:,