Ordinance 2007-56
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ORDINANCE NO. 07 - 56 .! 'JUt 2007 ~
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONE ~ O~fCflVEll J'
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 4- ~
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT C l,O'lj
WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FO C'Sc.-VZEZ1.1."
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY LOCATED AT 1300 MANATEE ROAD IN SECTION 10,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE PUBLIC USE
(P) ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Fred Reischl, AICP, of Agnoli Barber & Brundage, Inc., representing Collier
County Public Utilities Department, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property as part of Petition Number RZ-2005-AR-7271.
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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 described in Exhibit "A", which is
incorporated herein and by reference made part hereof, located in Section 10, Township 51 South,
Range 26 East, Collier County, Florida, is hereby changed from the Agricultural (A) zoning
district to the Public Use (P) zoning district, subject to the conditions shown in Exhibit "B." The
appropriate zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the Collier
County Land Development Code, are to be amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by supermajority vote of the Board of County
Commissioners of Collier County, Florida, this :J-,G, day of 7A~ ,2007.
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ATTEST:.,' , ,
DWIGHT E. ,BROCK, CI,.ERK
BOARD OF COUNTY COMMISSIONERS
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Attachments: ibit A - Legal Description
Exhibit B - Conditions of Approval
This ordinance fi led with th"
$ecr'ltary of State's Office the
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and ack.ncwledgemen;, of thet
fdln9 received ~ _~ day
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LEGAL DESCRIPTION
(O.R. BOOK 7077, PAGE 7887)
FRACTIONAL
THE SOUTHEAST 1/4- OF THE NORTHEAST 1/4 OF SEcnON la,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY. FLORIDA.
EXCEPnNG THEREFROM THE NOI?TH 30 FEET.
METES AND BOUNDS
BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF sEcnON 10, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COWER COUNTY. FLORIDA,
THENCE RUN N 01'51'SO" E. ALONG THE WEST UNE OF SAID FRACnON FOR A
DISTANCE OF 1340.25 FEET TO THE POINT OF INTERSEcnON OF THE SOUTHERLY
RIGHT OF WAY UNE OF MANA7CE ROAOAND THE WEST UNE OF SAID FRACnON,
THENCE RUN S 89'16'39" E. ALONG THE SOUTH RIGHT OF WAY UNE OF MANATEE
ROAD, BEJNG 30 FEET SOUTH OF AND PARALLEL TO THE NORTH UNE OF SAID
FRACnON, FOR A DISTANCE OF 1370,51 FEET TO THE POINT OF INTERSECnoN OF
THE SOUTHERLY RIGHT OF WAY UNE OF MANATEE ROAD AND THE EAST UNE OF SAID
FRACnON, THENCE RUN S 01'59'18- W. ALONG THE EAST UNE OF SAID FRACnON,
FOR A DISTANCE OF 1343.12 FEET TO THE SOUTHEAST CORNER OF SAID FRACnON,
,THENCE RUN N 89'08'OO"W ALONG THE SOUTH LJNE OF SAID FRACnON, FOR A
DISTANCE OF 1369,81 FEET TO THE POINT OF BEGINNING; CONTAINING 42.203
ACRES, MORE OR LESS.
RZ-2005-AR-7271
EXHIBIT A
PUBLIC FACILITIES REZONE
RZ-2005-AR-7271
CONDITIONS OF APPROVAL
1. The uses allowed on this site are limited to the description found in the LDC Section 2.01.03 as further
described below:
Essential services are hereby defined as services designed and operated to provide water, sewer, gas,
telephone, eleetricity, cable television or communications to the general public by providers which have been
approved and authorized according to laws having appropriate jurisdiction, and government facilities.
Essential services are allowed in any zoning district subject to the following conditions:
The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU
sending lands, NRPAS, HSAS, and FSAS:
(i) Water lines and sewer lines;
(2) Natural gas lines, except those associated with oil extraction and related processing operations as
defined in this Code and regulated under applicable federal and state law;
(3) Telephone lines, telephone switching stations, and cable television lines;
(4) Communication towers, limited to those providing wireless emergency telephone service, subject to all
applicable provisions section 5.05.09 of this Code;
(5) Electrical transmission and distribution lines, substations, and emergency power structures;
(6) Sewage lift stations and water pumping stations;
(7) Essential service wells (including extraction facilities and requisite ancillary facilities); and
(8) Any other wells which have been or will be permitted by the South Florida Water Management District
or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of
this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or
constructed by law. Ifany proposed well is a Collier County owned well under the permitting jurisdiction ofa
Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's
proposed well site(s) and shall provide written notice that the county has applied for a required well permit to
property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for
well is being sought by the County, including, if applicable, the times and places of the permitting agency's
scheduled public hearings.
2. Structures shall not exceed an actual height of60 feet, measured from the centerline of the road.
3. Structures shall maintain a 100 foot wide minimum setback on all sides.
4. As part of any development order approval for the subject property, the developer shall provide
documentation to ensure that publicly funded buildings and publicly funded development activities are carried
out in a manner that demonstrates best practice to minimize the loss of life, property, and re-building cost
from the affects from hurricanes, flooding, natural and technological disaster events. Best practice efforts
may include, but are not limited to:
a. Construction above the flood plain;
b. Maintaining a protective zone for wildfire mitigation;
c. installation of on-site permanent generators or temporary generator emergency connection points;
d. Beaeh and dune restoration, re-nourishment, or emergency protective actions to minimize the loss of
structures from future events;
e. Emergency road repairs;
f. Repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls, etc.
Conditions of Approval 5-30-07.rtf
EXHIBIT B
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 2007-56
Which was adopted by the Board of County Commissioners
on the 26th day of June, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of June, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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