Ordinance 2004-26
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ORDINANCE NO. 2004 - ?h ~ :-b., °;c '\ ð
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ~ ?' ~.
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-08, WHICH (~ ~
AMENDED ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER '1:>~
COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S '-?
ERRORS RELATING TO THE INCORRECT INSERTION OF MAPS
PERTAINING TO SECTION 2.2.2 1/2, RURAL FRINGE MIXED USE
DISTRICT AND SECTION 2.2.30, NATURAL RESOURCE PROTECTION
AREA OVERLAY DISTRICT; AND TO CORRECT SCRIVENER'S ERRORS
RELATING TO DIVISION 3.15, ADEQUATE PUBLIC FACILITIES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners on February 11,
2004, adopted Ordinance Number 04-08, which amended Ordinance Number 91-102, as
amended, the Collier County Land Development Code; and
WHEREAS, following said action in adopting Ordinance Number 04-08, it has been
determined that text intended for Section 3.15.7.3.4.7., was not included and that incorrect
maps were included in LDC sections 2.2.21/2. and 2.2.30., and that such error/omissions
constitute scrivener's errors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: SCRIVENER'S ERROR CORRECTIONS-Division 2
Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. A.:
* * * * * * * * * * * *
2.2.2%. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT)
2.2.2Y2.1 PURPOSE AND SCOPE.
* * * * * * * * * * * *
A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In
order to implement the RFMU designation in the future land use element
(FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the
Official Zoning Atlas, is hereby established. The lands included in the RFMU
District and to which the Section 2.2.2Y2 apply are depicted by the following
map:
Page 1 of 8
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Page 3 of 8
* * * * * * * * * * * *
Sec. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT
(NRPA)
2.2.30.1 PURPOSE AND INTENT.
* * * * * * * * * * * *
A. NRPA OVERLAY AREAS. NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Planned Unit
Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. South Belle Meade;
5. South Golden Gate Estates.
The NRPA lands within the Rural FrinQe Mixed Use District to which the Section 2.2.30.
~ons applY (i.e. - numþers 3 and..!.2.bove) are d~V the followinQ map:
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Page 4 of8
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Page 5 of 8
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Page 6 of 8
SECTION TWO: SCRIVENER'S ERROR CORRECTION-Division 3.15
Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. N.:
DIVISION 3.15. ADEQUATE PUBLIC FACILITIES
* * * * * * * * * * * *
Sec. 3.15.7. Regulatory program: review of development to ensure adequate public
facilities are available, including the Transportation Concurrency Management
System.
* * * * * * * * * * * *
3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may
be used to mitigate the impacts of a development on a deficient roadway link by
more than a de minimis amount within a Transportation Concurrency Management
Area in which 85% of the north-south lane miles and 85% of the east-west lane
miles are operating at or above the adopted LOS standards consistent with Policies
5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no
impact will be de minimis if it exceeds the adopted level-of-service standard of any
affected designated hurricane evacuation routes within a TCMA. Hurricane routes
in Collier County are shown on Map TR7 of the Transportation Element. Any impact
to a hurricane evacuation route operating below the adopted LOS within a TCMA
shall require a proportionate share payment provided the remaining LOS
requirements of the TCMA are maintained. Proportionate share payments under
this section are determined subsequent to a finding of concurrency for a proposed
project within a TCMA and do not influence the concurrency determination process.
~opment of an ~ sinÇJ~Y reslQence will not be required to
gmillbute or ma~e a proportionate share payment under this section.
SECTION THREE: 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 FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of
State.
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Page 7 of 8
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this d,7 day of ~ . 2004.
ATTEST:, '"" ',c'" ", ,-~., ~
DWIGHT Ei~, B~OCK,,:~CL.ERK , BOARD OF COUNTY
." ",',' ',~;' ' OF COLLIER COUNTY, FLORIDA
COMMr9~1?~E;RS~dY~'" ~<))',
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By:
This ordinance filed with the
Soereto'y of E Office tr;
~dayof , ~d
and acknowle geme t f that
filin received this O-r day
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Page 8 of 8
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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:
ORDINANCE NO. 2004-26
Which was adopted by the Board of County Commissioners on
the 27th day of April, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of April, 2004.
DWIGHT E, BROCK ; ,~,.
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Clerk of Courts and Clerk
Ex-officio to Board of ..
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County Commissioner
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By . Maureen. K~riyö.,.~ ,.)
Deputy Clerk'
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