Ordinance 2003-57 ORDINANCE NO. 03- 5"/
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102 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 OFFICIAL ZONING ATLAS
MAP NUMBERED 9631N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY
LOCATED ON THE SOUTH SIDE OF GOLDEN GATE
CANAL 1/4 MILE EAST OF LIVINGSTON ROAD AND 3/4
MILE NORTH OF RADIO ROAD, IN SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL
TO "RSF-4(3)" FOR A SINGLE-FAMILY DEVELOPMENT;
PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, J. Gary Butler of Butler Engineering, Inc., representing Spinelli Land
Holdings, LLC, in a petition identified as RZ-2003-AR-4041, 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 as:
The Northeast ¼ of the Northwest ¼ of Section 31, Township 49 South, Range 26
East in Collier County Florida
is changed from "A" Rural Agricultural to "RSF-4(3)" and the Official Zoning Atlas Map
numbered 9631N, 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 A,
attached hereto and incorporated by reference herein:
Page 1 of 2
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 [ ~ day of ~2~_, 2003.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Thls brdlnance filed with the
tdary of State's Off~e
ay of ~, -- -
and ocknowledgemen~t~°tft, that
fili~t~,~v..ed this_~o'w~ day
of ~-~-~,~. ~ ~
Patrick G. White
Assistant County Attorney
RZ-2003-AR-4041/KD/sp
Attachment: Exhibit A, Stipulations
Page 2 of 2
SPINELLI LAND HOLDINGS LLC REZONE
1. The residential density of the subject parcel is limited to a maximum of three units per acre and
development of no more than 120 dwelling units of which all must be single-family detached dwelling
units/residences.
2. Access to this site must be via interconnections through Briarwood PUD, Access from San
Marcos Boulevard is prohibited.
3. The developer will be required to submit a wetland jurisdictional determination with the first
development order application.
4. The petitioner will be required to submit an Environmental Impact Statement (ELS) when
seeking the first development order and the development order petition must be heard by the EAC.
5. Prior to final plat recordation for all or a portion of the subject 40-acre tract, the ownership
entity must:
a. Amend the Briarwood Declaration of Master Covenants, Conditions and Restrictions
(Declaration) to make the Declaration internally consistent and to ensure that the proposed lots in the
platted areas will proportionately share in the Briarwood Association's fees and costs pertaining to
maintenance and repair of the roads within the Briarwood PUD; and
b. Establish an association which complies with the requirements of Chapter 720, Florida
Statutes.
All dwelling units must contain a minimum floor area of 1,000 square feet.
7. Prior to the issuance of the first building permit the developer must provide a six-foot high
structural (concrete or precast) wall instead of a Type A buffer. The wall must be placed on top of a 2-
foot high berm along the East property from the FPL easement North to the canal easement. The wall
must be no closer than 4-feet from the Eastern property line.
Revised: 10/14/03
Conditions of Approval
Exhibit A
RZ-2003-AR-4041
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 2003-57
Which was adopted by the Board of County Commissioners
on the 14th day of October, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of October, 2003.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to.
County Commls sl'o~.ers
By: Patricia L.
Deputy Cler~