Ordinance 2008-53
ORDINANCE NO. 08- 53
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER
COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION FOR THE HEREIN DESCRIBED REAL
PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO
A RESIDENTIAL MULTIPLE FAMILY-16 (RMF-16) ZONING
DISTRICT FOR A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT WITH A MAXIMUM DENSITY OF 15
UNITS PER ACRE OR 140 DWELLING UNITS ON A 9.33-
ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF
THE INTERSECTION OF IMMOKALEE ROAD (C.R. 846)
AND SCHOOL ROAD IN SECTION 9, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Shaun Mularkey of Coastal Engineering Consultants, Inc., representing
Immokalee, LLC, a Florida limited liability company, 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 in Exhibit
"A," located in Section 9, Township 47 South, Range 29 East, Collier County, Florida, is
changed from an Estates (E) Zoning District to a Residential Multiple Family-16 (RMF-16)
Revised 7-10-08
Page I of2
Zoning District for a multi-family residential development with a maximum density of 15 units
per acre or 140 dwelling units on this 9.33-acre site, and the appropriate zoning atlas map or
maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code,
is/are hereby amended accordingly. The herein described real property is the same for which the
rezone is hereby approved subject to the conditions set forth in Exhibit "B" and the site plan
provided in Exhibit "C," attached hereto and incorporated herein by reference.
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, thisJ3 rtL day of ~ '"~, 2008.
A TTEST'i (> .e'l::,;.:,
DWIOflT E. BROC:i;.,CLERK
..~ ..~
BOARD OF COUNTY COMMISSIONERS
COLLr~' ORillA
By: ~
TOM HENNING, CHAIRM
Approvea as to form
and legal sufficiency:
eto
(:/- aIjorie Student-Stirling
Assistant County Attorney
Attachments:
Exhibit A - Legal Description
Exhibit B - Conditions of Approval
Exhibit C - Concept Plan
Revised 7-10-08
Page 2 of2
This ordinance filed with the
Secretory of Statel~ffice the
~dayof~ ~.
and acknowledgement of that
filing received this ~ doy
Of~~
Y DoIputy C......
07-CPS-00645/12/MMSS 6-23-08
LEGAL DESCRIPTION
The S ~ of the NE Y4 of the SE Y4 of the NE Y4 of Section 9, Township 47 South, Range
29 East, Collier County, Florida, less the right-of-way for County Road 846; and the N Yz
of the NE Y4 of the SE Y4 of the NE Y4 of Section 9, Township 47 South, Range 29 East,
Collier County, Florida, less the right-of-way for County Road 846.
Exhibit A
CONDITIONS OF APPROVAL
Immokalee LLC
RZ-2007-AR-12044
1. The site plan prepared by Coastal Engineering Consultants, Inc., dated August 21, 2008, is
conceptual in nature. The final design must be in compliance with all applicable federal,
state, and county laws and regulations.
2. Development of this site is limited to a density maximum of fifteen units per acre.
3. As part of the first site development plan/plat submittal, the developer shall provide:
a) A Preserve Management Plan that includes a replanting plan for the area of invasive
exotic vegetation in the preserve area; and
b) A Listed Species update that includes panther and bear telemetry points; and
c) Listed Species Management Plans that includes the Florida black bear and Big
Cypress fox squirrel; and
d) Written evidence of the mitigation for Florida panther impacts approval from the US
Fish and Wildlife Service.
4. The developer shall locate the preserve generally along the southern boundary of the property
to protect the cypress swamp, subject to staff approval as part of the site development
plan/plat approval process.
5. The developer shall relocate protected plant species to the preserve area prior to any other
construction.
6. Building heights shall be limited to a zoned height of 50 feet not to exceed 3 habitable
stories.
7. The development shall be limited to one full access driveway that shall be located at least 440
feet west of the School Road/CR 846 intersection.
8. The developer shall provide an emergency exit to School Road as a second access (emergency
exit use only). This exit is to be located at the end of the parking area at the project's
northeastern corner.
9. The developer shall reserve a maximum of 20 feet of land for potential right-of-way along the
proj ect' s CR 846 perimeter property boundary. Said land shall be labeled as reservation for
potential future right-of-way and no structures except that stormwater improvements limited
to swales, mitered end sections, and culverts, shall be constructed in the reservation. Upon
written request of Collier County Transportation Division, the owner or its successors and
assigns, shall convey said land or a portion thereof as determined appropriate by Collier
County, to Collier County in fee simple title with payment by Collier County.
9/24/08 2 (CCPC changes)
Page I of2
Exhibit B
CONDITIONS OF APPROVAL
Immokalee LLC
RZ-2007-AR-12044
10. Collier County will not be required to construct a noise wall for the existing CR 846 or any
future expansion ofCR 846.
11. The developer shall provide a 25 foot wide Type D landscape buffer along the project's CR
846 property boundary.
12. The developer shall provide sidewalks (built to county standards) along the property's entire
frontage on the south side of School Road.
13. The developer shall provide parking for this project in the amount of a minimum of 2 spaces
per unit or 280 spaces, whichever is less.
9/24/08 2 (CCPC changes)
Page 2 of2
Exhibit B
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Exhibit C
COASTAL
ENGINEERING
CONSU.TANTS
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0lI-21-..,rNC\W> J~O~DlTlONS)
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 2008-53
Which was adopted by the Board of County Commissioners
on the 23rd day of September, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of September, 2008.
DWIGHT E. BROCK
Clerk of Oourts and Clerk
Ex-officio' to ~piirt,(ll9o:t.., .
County Commis@i:.b~ers '"
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By: Martha Ve~~ra, ,
Deputy., Clerk):' lJ
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