Ordinance 2005-35
ORDINANCE NO. 05 - 35
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUMBER 04-
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 OFFICIAL
ZONING ATLAS MAP BY CHANGING THE ZONING
CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED
ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIER~~,
BOULEVARD IN SECTION 03, TOWNSHIP 51 SOUTH,r}y~
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A"~~~
RURAL AGRICULTURAL AND "C-2ST" COMMERCIALu>¡:¡~:
CONVENIENCE WITH A SPECIAL TREATMENT OVERLAY~:';
TO "C-3" COMMERCIAL INTERMEDIATE FOR RETAIL;"S;;
OFFICE, AND RESTAURANT AND OTHER USES SUBJEC16UJ
TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVIE~;:
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WHEREAS, Southern Development Company, Inc., represented by Jeff L. Davidson,
P.E., of Davidson Engineering, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property for Petition No. RZ-2003-AR-4961.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the subject real property, more particularly described by
Exhibit "A," attached hereto and incorporated by reference herein, located in Section 03,
Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural
Agriculture and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3"
Commercial Intermediate for retail, office, and restaurant and other uses and the appropriate
Official Zoning Atlas Map, as described in Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended accordingly, subject to the following conditions:
1. No development orders will be approved, other than to authorize construction of a
required wall and Type "B" buffer adjacent to Falling Waters Beach Resort as set forth
below, until sufficient capacity exists on all affected segments and the intersection of US-
41 and SR-951, as may be determined by the County's Concurrency Management
System.
2. In addition to all required transportation impact fees, Developer may be required to make
a proportionate, fair-share payment for required future capacity improvements to the
intersection of US-41 and SR-951, i.e., payment equal to the cost to create sufficient
capacity at that intersection for the traffic impacts created by the development.
3. Prior to any Site Development Plan (SDP) approval, other than to authorize construction
of a required wall and Type "B" buffer adjacent to Falling Waters Beach Resort as set
forth below, access to the adjoining commercial properties shall be provided in the form
of easements granted to adjacent property owners to facilitate cross access between the
commercial properties to the east and west of the subject property.
4. A sidewalk shall be constructed along the frontage of the subject property on Tamiami
Page 1 of2
Trail (U.S. Highway 41) pursuant to LDC Sections 5.05.08.C.4, and 10.02.03.B.1.b.i.xiii.
5. Prior to approval ofthe development's first SDP, i.e., other than to authorize construction
of a required wall and Type "B" buffer adjacent to the Falling Waters Beach Resort as set
forth below, the Environmental Advisory Council will review the approved South Florida
Water Management District (SFWMD) permit for mitigation of wetlands impacts.
6. In addition to any other rear yard requirement for this zoning district, no accessory or
principal building may be permitted within sixty-feet of the rear (NE) property line.
7. Owner agrees to construct an eight foot (8') wall ten-feet inside the rear (NE) property
line within 90 days from the date of issuance of the required development permit to
construct the wall that will be uniformly landscaped and irrigated on both sides, as shown
in rendering (Exhibit C), and as otherwise required by the LDC. The wall, landscaping,
and irrigation facilities will be maintained by the property owner.
8. In addition to the otherwise applicable conditioned above, until the required wall,
landscaping, and irrigation facilities are completed, no other building permits may be
issued or approved for Phase III of the development, i.e., the subject petition.
9. Any trash enclosures constructed on Phase III, i.e., the subject petition, will be screened
from view from the Falling Waters Beach Resort property as required by the Land
Development Code (LDC).
SECTION TWO:
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
Commissioners of Collier County, Florida, this 28th day of June, 2005.
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Approved as to form
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Patrick G. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
:~LLlER~~~[~
FRED W. COYLE, CHAIRM
RZ-2003-AR-4961IMD/sp
This ordinance filed with nv
Secretory of State's Off' l ,.:
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o.n,d acknowledge en; of that
fllmg received this .1l..:!:!l d
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Page 2 of2
LEGAL DESCRIPTION
A PORTION OF NOTRH !--S OF SECTION3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 3:
FROM THE EAST 1¡:4 CORNER OF SECTION 3, RUN WITH SECTION LINE SOUTH 0 DEGREES 41
MINUTES 31 SECONDS WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89 DEGREES 18
MINUTES 29 SECONDS WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE
WEST RIGHT-OF-WAY LINE OF COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT-OF-
WA Y LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT-OF-
WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 2647.51
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL RIGHT-
OF-WA Y LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 440
FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400.00
FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 440
FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE OF 400.00
FEET TO THE POINT OF BEGINNING.
PARCEL 4:
CERTAIN LANDS SITUATED IN THE NW 1¡:4 OF SECTION 3, TOWNSHIP 5J SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, STATE OF FLORIDA; FROM THE NE CORNER OF SAID
NW 1¡:4, RUN WITH THE SECTION LINE NORTH 89 DEGREES 23 MINUTES 23 MINUTES 53
SECONDS WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE
ROAD #951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35 DEGREES 40 MINUTES 8
SECONDS WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT-
OF-WAY LINE STATE ROAD #90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD
#90 SOUTH 24 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 69.99 FEET AND
SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTANCE OF 379.38 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A
DISTANCE OF 400 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A
DISTNACE OF 220 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST A
SISTANCE OF 400 FEET; THENCE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST A
SISTANCE OF 220 FEET TO THE PIONT OF BEGINNING.
CONT ANINING APPROXIMATELY 6,07 ACRES
EXHIBIT "A"
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FROM DALE A. SLABAUGH, ASLA
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FAX NO. : 941 353 0814
Jun. 3020øs 10:12AM P1
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EXHIBIT C
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. 2005-35
Which was adopted by the Board of County Commissioners on
the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th day
of July 2005.
DWIGHT E. BROCK
'Clerk of Courts and Clerk
Ex-officio_,JQ ~Board of _
Count /.~:Ò'~~'~~:~oclAûf() ,.{) ~
BY:~R. R~c~Bld,
:TIepûty Cle'rk:' ,'1 .
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